PROCEEDINGS OF THE NATIONAL CONVENTION

11 October 2006

From The New Light of Myanmar 12 October 2006

Plenary Session of the National Convention continues.

Yangon, 11 Oct - The National Convention that was convened from 5 December 2005 to 31 January 2006 with the objectives, Non-disintegration of the Union; Non-disintegration of national solidarity; Perpetuation of sovereignty; Flourishing of a genuine multi-party democracy system; Further burgeoning of the noblest and worthiest of worldly values such as justice, liberty and equality; and the Tatmadaw to be able to participate in the national political leadership role of the future State, and it was adjourned. At 9 am today, the Plenary Session of the National Convention continued at Pyidaungsu Hall of Nyaunghnapin Camp in Hmawby Township, Yangon Division.

Also present at the National Convention were Chairman of the National Convention Convening Commission Secretary-1 of the State Peace and Development Council Lt-Gen Thein Sein and Commission members, Chairman of the National Convention Convening Work Committee Chief Justice U Aung Toe and Work Committee members, Chairman of the National Convention Convening Management Committee Auditor-General Maj-Gen Lun Maung and Management Committee members, chairmen and officials of subcommittees, delegates of political parties National Unity Party, Union Pa-O National Organization, Shan State Kokang Democratic Party, Mro (or) Khami National Solidarity Organization, Lahu National Development Party, Union Kayin League, Kokang Democracy and Unity Party and Wa National Development Party, representatives-elect of National Unity Party and Mro (or) Khami National Solidarity Organization, independent representatives, delegates of national races from Kachin, Kayah, Kayin, Chin, Mon, Rakhine, Shan (South), Shan (North) and Shan (East) States, Sagaing, Taninthayi, Bago, Magway, Mandalay, Yangon and Ayeyawady Divisions, delegates of peasants from Kachin, Kayah, Kayin, Chin, Mon, Rakhine, Shan (South), Shan (North) and Shan (East) States, Sagaing, Taninthayi, Bago, Magway, Mandalay, Yangon and Ayeyawady Divisions, delegates of intellectuals and intelligentsia, delegates of workers from Kachin, Kayah, Kayin, Chin, Mon, Rakhine, Shan (South), Shan (North) and Shan (East) States, Sagaing, Taninthayi, Bago, Magway, Mandalay, Yangon and Ayeyawady Divisions, delegates of State Service Personnel from the State Peace and Development Council Office, the President Office, the Pyithu Hluttaw Office, the Government Office, the Supreme Court, the Attorney-General's Office, the Auditor-General's Office, the Multi-party Democracy General Election Commission Office, the Civil Service Selection and Training Board, the Yangon City Development Committee, the Mandalay City Development Committee and ministries, other invited delegates, delegates from Shan State (North) Special Region-1, Shan State (North) Special Region-2, Shan State (North) Special Region-3, Shan State (North) Special Region-4, Shan State (North) Special Region-5, Shan State (South) Special Region-6, Kachin State Special Region-1, Kachin State Special Region-2, Kayah State Special Region-1, Kayah State Special Region-2, Kayah State Special Region-3, Kayinni National Development Party (KNDP) (Dragon) Group, Kayinni National Progressive Party (KNPP) (Hoya), Kayinni National Unity and Solidarity Organization (Ka Ma Sa Nya), Democratic Kayin Buddhist Organization (DKBA) and Haungthayaw Special Region Group, Nyeinchanyay Myothit Group from Hpa-an Township of Kayin State, Burma Communist Party (Rakhine State Group), Arakanese Army (AA), Homein Region Development and Welfare Group, Shwepyiaye (MTA) , Manpan People's Militia Group, Mon Peace Group (Chaungchi Region) and Mon Nai Seik Chan Group that had exchanged arms for peace.

Moreover, also present at the meeting were Dean of the Military Attaché Corps Cambodian Military Attaché Col Ngi Vanndim and military attachés of India, Vietnam, Japan, Thailand, the Russian Federation, Bangladesh, the Republic of Korea, the People's Republic of China, Malaysia, Lao PDR, the US and Pakistan.

Before the Plenary Session of the National Convention, Chairman of the NCCC Secretary-1 Lt-Gen Thein Sein and Commission members, Chairman of the NCCWC Chief Justice U Aung Toe and Work Committee members, Chairman of the NCCMC Auditor-General Maj-Gen Lun Maung and Management Committee members, chairmen and officials of the subcommittees, delegates of political parties, representatives-elect, delegates of the National Races, Peasants, Workers, Intellectuals and Intelligentsia, State Service Personnel, and Other Invited Persons, signed attendance books at Pyidaungsu Hall and the recreation hall.

Chairman of the NCCC Secretary-1 Lt-Gen Thein Sein and Commission members, Chairman of the NCCWC Chief Justice U Aung Toe and Work Committee members, Chairman of the NCCMC Auditor-General Maj-Gen Lun Maung and Management Committee members cordially greeted the Dean of the Military Attaché Corps and party.

U Tun Yin Law of Delegate Group of Political Parties presided over the Plenary Session of National Convention together with members of the Panel of Chairmen Dr Kan Zaw of the NCC Work Committee, U San Tha Aung of Delegate Group of Representatives-elect, U Maung Hla (a) U Hla Myint of Delegate Group of National Races, U Sai Tint Aung of Delegate Group of Peasants, U Kyaw Myo Win of Delegate Group of Workers, U Hla Myint of Delegate Group of Intellectuals and Intelligentsia, U Hla Tin of Delegate Group of State Service Personnel and U Paw Laik Kham of Delegate Group of Other Invited Persons.

Director (Meeting) U Than Aung of the NCCWC Office and Deputy Director U Aung Kyi acted as MCs.

The MC declared the start of the group meeting as 1,073 out of 1,081 delegates were in attendance, accounting for 99.26, and the plenary session commenced with the permission of the meeting chairman.

The Panel of Chairmen of the Plenary Session of the National Convention reported on collected matters related to discussion papers submitted by the delegate groups to adopt detailed basic principles for legislation tasks of Pyidaungsu Hluttaw, Pyithu Hluttaw, Amyotha Hluttaw and hluttaws of Regions and States to be included in drawing the State Constitution.

Member of the Panel of Chairmen Dr Kan Zaw of the NCCWC read the matters related to the Pyidaungsu Hluttaw. (The presentation of Dr Kan Zaw is reported separately.)

Next, U Tun Yin Law of the Delegate Group of Political Parties read the matters related to the Pyithu Hluttaw. (The presentation of U Tun Yin Law is reported separately.)

Member of the Panel of Chairmen U San Tha Aung of the Delegate Group of Representatives-elect read the matters concerning Pyithu Hluttaw and Amyotha Hluttaw. (The presentation of U San Tha Aung is to be reported in this paper.)

In the afternoon, Member of the Panel of Chairmen U Maung Hla (a) U Hla Myint of the Delegate Group of National Races read the matters related to Pyithu Hluttaw and Amyotha Hluttaw.

Afterwards, Member of the Panel of Chairmen U Sai Aung Tint of the Delegate Group of Peasants read Pyithu Hluttaw and Amyotha Hluttaw.

At 1.40 pm, Member of the Panel of Chairmen U Kyaw Myo Win of the Delegate Group of Workers read the matters related to hluttaws of Regions and States.

Next, Member of the Panel of Chairmen U Hla Myint of the Delegate Group of Intellectuals and Intelligentsia read the matters related to hluttaws of Regions and States.

(Presentations of Members of the Panel of Chairmen U San Tha Aung, U Maung Hla (a) U Hla Myint, U Sai Tint Aung, U Kyaw Myo Win and U Hla Myint will be reported.)

The Plenary Session of National Convention adjourned at 2.30 pm.

The Plenary Session of National Convention continues tomorrow.

Pyidaungsu Hluttaw members have the duty to regularly attend the meeting
Yangon, 11 Oct - The Panel of the Alternate Chairmen of the National Convention Plenary Session submitted proposals made by the delegate groups on detailed basic principles for legislation of the Pyidaungsu Hluttaw, the Pyithu Hluttaw, the Amyotha Hluttaw and Region or State Hluttaws to be included in the State Constitution to the Plenary Session held at Nyaunghnapin Camp in Hmawby Township, Yangon Division, today. The following is the presentation on the Pyidaungsu Hluttaw made by member of the Panel of the Alternate Chairmen Dr Kan Zaw of the National Convention Convening Work Committee.

I would like to wish the Chairman of the National Convention Convening Commission and members, the Chairman of the National Convention Convening Work Committee and members, the Chairman of National Convention Convening Management Committee and members and delegates to be blessed with health and happiness and auspiciousness.

At the Plenary Sessions of the National Convention held from 13 to 15 December 2005, the Chairman of the National Convention Convening Work Committee explained the detailed basic principles to be adopted for the legislation of the Pyidaungsu Hluttaw, the Pyithu Hluttaw, the Amyotha Hluttaw and the Region or State Hluttaws that will be included in the chapter of the legislation in drawing a new constitution.

The delegate groups have already compiled and presented their group-wise papers to the National Convention Plenary Session after holding discussions on the matter.

The papers presented by the delegate groups at the Plenary Session held from 2 to 9 January 2006 were as follows:-

(a) Delegate group of the political parties, seven papers.

(b) Delegate group of the representatives-elect, four papers.

(d) Delegate group of the peasants, one paper.

(e) Delegate group of the workers, one paper.

(f) Delegate group of the intellectuals and intelligentsia, one paper.

(g) Delegate group of the State service personnel, one paper.

(h) Delegate group of the other invited persons, one paper.

The total number is 17.

All the delegates have witnessed the respective delegates reading their papers at the plenary session. I will now present the compilation of the panel of chairmen of the Plenary Session of the National Convention.

At the plenary session held on 13 December 2005, the Work Committee Chairman presented a collection of the detailed basic principles that should be laid down for the legislative functions of the Pyidaungsu Hluttaw included in the chapter " Legislation" of the State Constitution as follow:-

(1) The first session of the Pyidaungsu Hluttaw should be held within 15 days after the beginning of the first session of the Pyithu Hluttaw". The Speaker of the Pyidaungsu Hluttaw shall convene the Pyidaungsu Hluttaw.

(2) The Speaker of the Pyidaungsu Hluttaw session at least once a year. The maximum time limit between one meeting and another should not exceed 12 months.

(3) The following tasks shall be carried out at the Pyidaungsu Hluttaw meetings:

(a) Recording the address delivered by the President

(b) Reading out and recording the messages sent by the President and other massages permitted by the President

(d) Discussion and deciding the opinion and remarks of the President concerning a bill approved by the Pyidaungsu Hluttaw

(e) Discussion and deciding the matter the Pyidaungsu Hluttaw has to implement in accord with the provisions contained in the Constitution

(f) Discussing, deciding and recording the reports presented to the Pyidaungsu Hluttaw

(g) Submitting proposals, and making discussions and decisions

(h) Asking questions and replying answers

(i) Implementing the matters permitted by the Speaker of the Pyidaungsu Hluttaw.

(4) The Speaker of the Pyidaungsu Hluttaw shall convene a special session or an emergency session of the Pyidaungsu Hluttaw as necessary.

(5) The Pyidaungsu Hluttaw Speaker shall convene a special session or an emergency session of the Pyidaungsu Hluttaw soonest when the President informs the Pyidaungsu Hluttaw Speaker to convene a special session or an emergency session of the Pyidaungsu Hluttaw.

(6) The Speaker of Pyidaungsu Hluttaw shall convene a special session of the Pyidaungsu Hluttaw when at least one fourth of the total number of members of the Pyidaungsu Hluttaw ask to convene the Pyidaungsu Hluttaw.

(7) (a)The first day session of the Pyidaungsu Hluttaw shall be valid if more than half the numbers of members, who have the right to attend the Pyidaungsu Hluttaw meeting, are present. The meeting if invalid, shall be adjourned.

(b) The meetings that are adjourned due to invalidity in accord with the sub para (a) as well as the valid meetings that are extended will be valid if at least one third of the Hluttaw members are present.

(8) (a) Save as otherwise provided by this Constitution, a matter that should be decided through voting shall be determined by a majority of votes of the members present and voting.

(b) The Speaker of the Pyidaungsu Hluttaw or the Deputy Speaker acting as such, shall not vote in the first instance, but shall have and exercise a casting vote in the case of an equality of votes.

(9) If for a period of 15 consecutive days a member of Pyidaungsu Hluttaw is, without permission of the Speaker absent from all meetings of the Pyidaungsu Hluttaw, the Speaker shall inform the Hluttaw concerned to take action against the member according to the prescribed rules. Provided that in computing the said period of 15 days no account shall be taken of any period during which the Hluttaw is prorogued, or is adjourned.

(10)Although there may be some vacant seats, the Pyiduangsu Hluttaw shall have the right to carry on its tasks. Moreover, the decision shall not be annulled, if the acts of someone who was not entitled to do so sat or voted or took part in the proceedings are discovered later."

(11)The functions and records of Pyidaungsu Hluttaw shall be published for public information. But the functions and records restricted by a law or decisions of the Pyidaungsu Hluttaw shall not be published."

(12) (a) The Pyidaungsu Hluttaw shall have the right to make laws for the whole or any part of the union concerning the matters stated in the Union Legislative List.

(b) If a bill initiated in the Pyidaungsu Hluttaw or the Amyotha Hluttaw is approved by both Pyithu Hluttaw and Amyotha Hluttaw, it shall be presumed that the bill is approved by the Pyidaungsu Hluttaw.

(13) (a) When the Pyidaungsu Hluttaw enacts a law, it may

entrust the right to issue rules, regulations and bylaws concerning the law to the Union level organizations formed according to the Constitution. authorize the respective organizations or authority to issue notifications, orders, directives and procedures.

(b) The rules, regulations, notifications, orders, directives and procedures issued with the right vested by an Act shall be consonant with the stipulations contained in the Constitution and the law concerned.

(c) If both the Pyithu Hluttaw and the Amyotha Hluttaw decide to annual or amend anyone the rules, regulations or bylaws, it shall be presumed that the rules, regulations or bylaws are annulled or amended by the Pyidaungsu Hluttaw.

(d) If there is any disagreement between the Pyithu Hluttaw and the Amyotha Hluttaw concerning the said rules, regulations or bylaws, it shall be discussed and decided by the Pyidaungsu Hluttaw.

(e) If a decision is made to annul of amend any of the rules, regulations or bylaws according to the para (c) or para (d), the decision shall be without prejudice, however, to the validity of any action previously taken under the rules, regulations or bylaws.

(14) The Pyidaungsu Hluttaw.

(a) shall give the decision on matters in connection with ratifying, cancelling and withdrawing from international agreements, regional treaties or bilateral agreements submitted by the President.

(b) may fix the international, regional or bilateral agreements that do not need Pyidaungsu Hluttaw's approval and delegate the President to ratify, cancel and withdraw from them.

(15)(a) Matters that require decision of the Pyidaungsu Hluttaw, agreement and approval should be implemented as follows;

(i) If the Pyidaungsu Hluttaw is in session, the matter shall be discussed and decided at that session.

(i) If the Pyidaungsu Hluttaw is not in session, the discussion and decisions on the matter shall be made at the nearest Pyidaungsu Hluttaw session.

(ii) A special session or an emergency session shall be convened to discuss and decide the which need prompt action for public interest.

(c) When the President after issuing an ordinance having the force of law submits it to the Pyidaungsu Hluttaw for approval, the Pyidaungsu Hluttaw shall

(j) pass a resolution to approve it or not.

(ii) fix the further period to which the ordinance shall continue to be in force if the Pyidaungsu Hluttaw approves the ordinance.

(iii) The ordinance shall cease to have effect from the date on which it is disapproved by the Pyidaungsu Hluttaw.

(16) (a) Of the matters included in the Union legislative list, the Union level organizations formed under the Constitutions, shall have the right to submit bills on matters under their management, to the Pyidaungsu Hluttaw in accord with the prescribed procedures.

(b) Bills on national plans, annual budgets and taxation, which are to be submitted exclusively by the Union government shall be presented to the Pyidaungsu Hluttaw in accordance with the prescribed provisions for decision.

(17) Except the bills that are prescribed by the Constitution to be initiated exclusively in the Pyidaungsu Hluttaw, the bills initiated by the Union level organizations formed under the Constitution, in the Pyidaungsu Hluttaw according to the prescribed provisions.

(18) If a need arises to scrutinize the bills, before they are being discussed exclusively at the Pyidaungsu Hluttaw, they are to be scrutinized jointly by the Pyithu Hluttaw bill committee and the Amyotha Hluttaw bill committee, and the bills together with the findings and comments of the joint committee can be submitted to the Pyidaungsu Hluttaw in accordance with prescribed provisions.

(19) If there arises disagreement between the Pyithu Hluttaw and the Amyotha Hluttaw concerning a bill, the bill shall be discussed and approved in the Pyidaungsu Hluttaw.

(20) (a) Within 14 days after the date the President receives the bills sent to him by the Pyidaungsu Hluttaw after approving them and the bills in like manner as if the Pyidaungsu Hluttaw have approved them, he shall sign the bills and shall promulgate them into law.

(b) The President shall send a bill back to the Pyidaungsu Hluttaw together with his comments within the fixed time to sign and promulgate it into an Act.

(c) Although the President does not send a bill back to the Pyidaungsu Hluttaw together with his comments within the fixed time, if the Bill is not signed by the President within 14 days after the date of presentation, the same shall be become an Act in like matter as if he had signed it on the last of the said 14 days.

(21) (a) If the President sends back the bill to the Pyidaungsu Hluttaw together with his comments within the fixed time, the Pyidaungsu Hluttaw after studying the President's comments, can accept his comments or can decide to amend the bill, or shall make a decision to approve the bill in its original state if it does not agree to the President's comments.

(b) The President shall sign the bill and enact it into an Act on the last of the said seven days if the bill so amended according to his comments or his comments are not accepted and the bill approved in its original state is sent back to him with the Pyidaungsu Hluttaw's decision.

(c) If the bill sent back to the President by the Pyidaungsu Hluttaw is not signed by the President within the fixed time, the same shall be become because an Act in like manner as if he had signed it on the last date of the said time limit.

(22) The Acts signed by the President and the Acts deemed to have been signed by the President shall be promulgated in the gazette. The Act shall come into force on the date of such promulgation unless the contrary intention is expressed.

(23) Members of the organizations representing the Union level organizations formed under the Constitution while attending the Pyidaungsu Hluttaw with the permission of the Speaker have the right to explain the bills and other matters in connection with their respective organizations.

(24) The Pyidaungsu Hluttaw Speaker shall

(a) supervise the Pyidaungsu Hluttaw sessions

(b) invite the President, if the President informs of his desire to address the Pyidaungsu Hluttaw

(c) have the power to invite organizations and persons representing any Union level organizations formed under the Constitution to attend and give clarifications on one of the matters of the ongoing discussions of the Pyidaungsu Hluttaw session if necessary

(d) implement his other duties and functions designated by the constitution or any law

(25) The Union level organizations formed under the Constitution shall submit their general condition, necessary to be presented to the Pyidaungsu Hluttaw, with the permission of the Speaker.

(26) (a) Subject to the provisions contained in the constitution, and the provisions stipulated in the Pyidaungsu Hluttaw law, members of the Pyidaungsu Hluttaw shall have freedom of speech and voting at the Pyidaungsu Hluttaw and the Pyidaungsu Hluttaw Joint Committee. Concerning the discussions and functions of the Pyidaungsu Hluttaw and the Joint Committee, a Pyidaungsu Hluttaw member shall be absolutely privileged, except under the laws of the Pyidaungsu Hluttaw.

(b) Subject to the provisions contained in the constitution, and the provisions stipulated in the Pyidaungsu Hluttaw law, members of organizations or persons representing anyone of the Union level organizations invited to attend the Pyidaungsu Hluttaw have the freedom of speech. No action shall be taken against such persons for their speeches, except under the laws of the Pyidaungsu Hluttaw.

(c) however, if the persons mentioned in the above para (a) and para ( b) commit physical assaults, they shall be liable to punishment according to the existing laws.

(27) ?If there arises a need to arrest a Pyidaunsu Hluttaw member attending a Pyidaungsu Hluttaw session or a person attending the Pyidaungsu Hluttaw session at the invitation of the Pyidaungsu Hluttaw Speaker, the reliable evidence shall be submitted to the Pyidaungsu Hluttaw Speaker. He shall not be arrested without the prior permission of the Pyidaungsu Hluttaw Speaker.

(28) The reports, documents and hluttaw records published by the Pyidaungsu Hluttaw or under its authority shall be privileged.

Esteemed delegates,

Of the seven political parties of the delegate group of the political parties, the National Unity party discussed in support of the clarification concerning the legislation of the Pyidaungsu Hluttaw.

The party also presented separate suggestion, saying , concerning the absent without leave, a detailed basic principle states, ?If for a period of 15 consecutive days a member of Pyidaungsu Hluttaw is, without permission of the Speaker absent from all meeting of the Pyidaungsu Hluttaw, the Speaker shall inform the hluttaw concerned to take action against the member according to the prescribed rules. Provided that in computing the said period of 15 days no account shall be taken of any period during which the Hluttaw is prorogued, or is adjourned.

The NUP agrees to the fact that the Pyidaungsu Hluttaw members have the duty to regular attend the meeting; and that a Pyidaungsu Hluttaw member should ask permission for his failure to attend meeting for unavoidable circumstances to the Speaker. But the delegates are living in various parts of the nation. Although, communication systems have improved much at present, there can occur unexpected natural disaster such as floods and landslides. If a hluttaw member faces a disaster, it will be difficult for him to inform the Speaker about his absence within the fixed time of 15 days. If action will be taken against him to inform the matter in time, it may have adverse effect for the nation as well as the hluttaw member concerned and the voters. Thus, the Convention should consider extending the permitted period to 30 days. Concerning the legislation of the Pyidaungsu Hluttaw, a detailed basic principle says,

(a) When the Pyidaungsu Hluttaw enacts a law, it shall?

(i) entrust the right to issue rules, regulations and bylaws concerning the law to the union level organizations formed according to the Constitution.

(ii) authorized the respective organizations of authority to issue notifications, orders, directives and procedures.

(b) The rules, regulations, notifications, orders directives and procedures issued with the right vested by an Act shall be consonant with the stipulations contained in the Constitution and the law concerned.

(c) If both the Pyithu Hluttaw and the Amyotha Hluttaw decide to annual or amend any one the rules, regulations or bylaws, it shall be presumed that the rules, regulations or bylaws are annulled or amended by the Pyidaungsu Hluttaw.

(d)if there is any disagreement between the Pyithu Hluttaw and the Amyotha Hluttaw concerning the said rules, regulations or bylaws, it shall be decided by the Pyidaungsu Hluttaw.

(e)If a decision is made to annul or amend any of the rules, regulations or bylaws according to the para (c) or para (d), the decision shall be without prejudice, however , to the validity of any action previously taken under the rules, regulations or bylaws.

(f)In the NUP's view, the para (e) fails to mention the responsibility concerning the mistake whose consequences may have adverse effects on the nation and the people. The fact that whether the mistake is committed inadertantly or not and whether the mistake dose have adverse effects on the nation and the people should be considered.

As regarded the privileges of the hluttaw members in holding discussions, a detailed basic principle says,

(a) Subjects to the provisions contained in the constitution, and the provisions stipulated in the Pyidaungsu Hluttaw law, members of the Pyidaungsu Hluttaw shall have freedom of speech and voting at the Pyidaungsu Hluttaw and Pyidaungsu Hluttaw Joint Committee. Concerning the dissucsions and functions of the Pyidaungsu Hluttaw and the Joint Committee, a Pyidaungsu Hluttaw member shall be absolutely privileged, except under the laws of the Pyidaungsu Hluttaw.

(b) Subjects to the provisions contained in the constitution, and the provisions stipulated in the Pyidaungsu Hluttaw law, members of organizations or persons representing anyone of the Union level organizations invited to attend the Pyidaungsu Hluttaw have the freedom of speech. No action shall be taken such persons for their speeches , except under the law of the Pyidaungsu Hluttaw.

(c) However, if the persons mentioned in the above para(a) and para (b) commit physical assaults, they shall be liable to punishment according to the existing laws.

Members of the Pyidaungsu Hluttaw and members of organization or persons representing anyone of the Union level organizations invited to attend the Pyidaungsu Hluttaw have the freedom of speech in the interest of the nation and the people. But if they commit physical assaults, they shall be liable to punishment according to the existing laws. The NUP views the principle as a preventive measure against any acts that may tarnish the Pyidaungsu Hulttaw's image.

As regards the physical assaults, first, action should be taken against the offender in accord with the rules and regulations of the Pyidaungsu Hluttaw. But as for the assaults that are punishable by the existing laws, action should be taken against him under the existing laws in addition to the rules and regulations of the Pyidaungsu Hluttaw.

Hence, the party would like to suggest to state the para (c) as follows:

However, if the persons mentioned in the above para (a) and para (b) commit physical assaults, they shall be liable to punishment according to rules and regulations of the Pyidaungsu Hluttaw and the existing laws.

A person who is not entitled to attend the Pyidaungsu Hluttaw sat, voted, or had participated in the proceedings of the Hluttaw should not happen

Yangon, 11 Oct - The Panel of the Alternate Chairmen of the National Convention Plenary Session submitted proposals made by the delegate groups on detailed basic principles for legislation of the Pyidaungsu Hluttaw, the Pyithu Hluttaw, the Amyotha Hluttaw and Region or State Hluttaws to be included in the State Constitution to the Plenary Session held at Nyaunghnapin Camp in Hmawby Township, Yangon Division, today. The following is the presentation on the Pyidaungsu Hluttaw made by Chairman of the Panel of the Alternate Chairmen U Tun Yin Law of the Delegate Group of the Political Parties.

Union Pa-O National Organization in its discussions said that the 28 detailed basic principles concerning the Pyidaungsu Hulttaw, the 19 detailed basic principles concerning the Pyidaungsu Hluttaw and the Amyotha Hluttaw and the 23 detailed basic principles in connection with the Region or State Hluttaws should be adopted as the detailed basic principles of the constitution.

Mro (a) Khami National Solidarity Organization read out its suggestion, saying, Work Committee Chairman U Aung Toe explained a collection of 28 detailed basic principles concerning the legislation of the Pyidaungsu Hluttaw. All the 28 points are appropriate to be adopted as detailed basic principles. The party made no further discussions on other matters.

Lahu National Development Party read out its paper, saying, the Work Committee Chairman made a clarification on the legislation of the Pyidaungsu Hluttaw, the Amyotha Hluttaw and the Region or State Hluttaws included in the chapter ?Legislation? to formulate a new constitution. He explained the related facts of the 1947 Constitution, the 1974 Constitution and the constitutions of the world countries. Thus, the party agrees to adopt all 28 points in connection with the Pyithu Hluttaw, all the 19 points of the Amyotha Hluttaw and all the 23 points regarding the Region or State Hluttaw as detailed basic principles.

Union Kayin National League said that the National Convention Convening Work Committee Chairman explained the detailed basic principles to be laid down for the legislation of the Pyidaungsu Hluttaw, Pyithu Hluttaw, Amyotha Hluttaw and Region or State Hluttaw. The party has no further additions or suggestions to the points.

Hence, the 28 points regarding the legislation of the Pyidaungsu Hluttaw, the 19 points in connection with the legislation of the Pyithu Hluttaw and the Amyotha Hluttaw and the 23 points for the legislation of the Region or State Hluttaw should be adopted as detailed basic principles.

Kokang Democracy and Unity Party in giving suggestions said, the detailed basic principles explained by the Work Committee Chairman on legislative functions of the Hluttaws are firm and precise and there are systematic connections between functions of the Hluttaws. They are comprehensive and firm and thoroughly cover the current international,regional and internal situations in the political and social aspects. The party has thus no further suggestions to the clarifications.

The partly gave its opinion, saying, the functions of Pyidaungsu Hluttaw, the Pyinthu Hluttaw, the Amyotha Hluttaw, and Region and State Hluttaw, the rules and regulations for Hluttaw members, and matters on taking action against Hluttaw members explained by the Work Committee Chairman are reasonable, and so they should be adopted as detailed basic principles.

The Wa National Development Party agrees that the points contained in the paras 1 from 28 should be laid down as detailed basic principles for the legislation of the Pyidaungsu Hluttaw.

Esteemed delegates,

Of the four papers presented by the representatives-elect group of the National Convention, which has eight delegate groups, the representatives of the National Unity Party and the Mro (or) Khami National Solidarity Organization presented the proposals of their respective parties.

Independent representative-elect Dr Hmu Htan of Thantlang Township Constituency, U Aung Thein of Ywangan Township Constituency, Shan State (South) and U Tun Kyaw of Namhsan Township Constituency, Shan State (North) in presenting their paper said, on 13 December 2005, the Work Committee Chairman already gave a through clarification on the points to be discussed by the delegate groups. As the clarification is comprehensive, we have no further suggestions. The points explained by the Work Committee Should be adopted as the detailed basic principles for the legislative functions of the Pyidaungsu Hluttaw concerning the chapter ?Legislation? in drafting a new constitution.

They presented a separate suggestion in connection with the detailed basic principle Although there may be vacant seats, the Pyidaungsu Hluttaw shall have the right to carry on its tasks. Moreover, the decisions shall not be annulled, if the acts of some person who was not entitled to do sat or voted or took part in the proceedings are discovered later.

A detailed basic principle of the State structure said that if there arise the need for re-delineation of the territorial boundary of the Union, it requires votes of more than half the total number of representatives included in each of the Pyithu Hluttaw and the Amyotha Hluttaw and more than half of representatives elected from the region or state concerned.

The opinion of the Union Hluttaw must be sought if required number of votes are not received. The task of re-delineating of the territorial boundary of the nation can be carried out with votes of more than three-fourths of Pyidaungsu Hluttaw members. Similarly, measure for re-delineation of the territorial boundary of a region or state shall be taken only if it receives the votes of three-fourths and above of the members of the Pyidaungsu Hluttaw. There should be a principle to prescribe a way for the Pyidaungsu Hluttaw to make a decision through the votes regarding the matters to be decided and passed with its approval. The facts signify the importance of the voting rights of a hluttaw member.

So, the matter of a person who is not entitled to attend the Pyidaungsu Hluttaw sat, voted, or had participated in the proceedings of the Hluttaw should not happen any way. So, respective bodies should supervise the tasks in order to avert an undesirable situation that a person who is not entitled to attend the Hluttaw sat, voted, or had participated in the proceedings of the Hluttaw.

U Tin Win of Kyaiklat Township constituency-2, U Thein Kyi of the Taungdwingyi Township constituency-1, U Hla Soe of Minbu Township constituency-2, U Mya Hlaing of Twantay Township constituency-2, U Kyi Win of Mingaladon Township constituency-1 and U Tin Tun Maung of Mingaladon Township constituency-2 discussed in support of the clarification made by the Work Committee Chairman.

In the detailed basic principles of the hluttaws includes a point ?Although there may be vacant seats, the Pyidaungsu Hluttaw shall have the right to carry on its tasks. Moreover, the dicision shall not be annulled, if the acts of some one who was not entitled to do so sat or vote or took part in the proceedings are discovered later.

The act of making decisions and approvals through votes is a very important matter at the Hluttaws. It is also a foundation of democracy. It will become an issue to be considered the carefully if a proposal is approved or annulled because of the vote of the person who was not entitled to do so sat or vote or if his vote has become a decisive one.

For example: in the cases in which the Hluttaw Speaker has to give a casting vote as the number of the votes from opposite sides are equal because of his vote or in the cases in which the number of members exceed half or two thirds of the total because of his presence. Hence, in our view, the delegate scrutiny work should be carried out with grater care.

Esteemed delegates.

Delegate group of peasants discussed in support of the clarification made by the Work Committee Chairman.

It presented a separate suggestion, saying, at a meeting, a hluttaw member can stay neutral without casting his vote for the group supporting a matter or the group opposing the same matter. It is an international practice at the parliamentary meetings of world nations and the UN meetings.

I have already presented my suggestion in support of the detailed basic principle Save as otherwise provided by this Constitution, a matter that should be decided through voting, shall be determined by a majority of votes of the members present and voting that it should be adopted.

In my view, the detailed basic principle of the para 8 (a) of the legislation of the Pyidaungsu Hluttaw, the detailed basic principle of the para 7 (a) (i) and 7 (b) (i) of the legislation of the Pyithu Hluttaw and Amyotha Hluttaw and the detailed basic principle of the para 8 (a) of the legislation of the Region or State Hluttaw should be added with the stipulation A hluttaw member shall stay neutral if he wishes to stay neutral without casting his vote.

Esteemed delegates,

The delegate group of peasants said that the 28 points of concerning the legislative functions of the Pyidaungsu Hluttaw are appropriate to be adopted as detailed basic principles for formulating the constitution.

Esteemed delegates,

The delegate group of workers said that the 28 points concerning the legislative functions of the Pyidaungsu Hluttaw should be adopted as detailed principles for formulating the constitution.

Esteemed delegates,

The delegate group of intellectuals and intelligentsia said that at the plenary session held from 13 to 15 December 2005, the Work Committee Chairmn explained the detailed basic principles concerning the legislation of the Pyidaungsu Hluttaw, the Pyithu Hluttaw, the Amyotha Hluttaw and the Region or State Hluttaw of the Chapter Legislation? for formulating the constitution. The delegate group unanimously agreed to the adoption of the 28 detailed basic principles concerning the Pyidaungsu Hluttaw, the 19 detailed basic principles for the Pyithu Hluttaw and the Amyotha Hluttaw and 23 detailed basic principles for the Region or State Hluttaw.

As a separate suggestion, the group said the para 8 states, ?Save as otherwise provided by this Constitution, a matter that should be decided through voting, shall be determined by a majority of votes of the members present and voting. The Speaker of the Pyidaungsu Hluttaw or the Deputy Speaker acting as such, shall not vote in the first instance, but shall have and exercise a casting vote in the case of an equality of votes.? Regarding the para, we would like to give a suggestion. We wish a greater number of hluttaw members to be present at the sessions. Only then the sessions can obtain a clear majority vote in deciding a matter which is in accord with the essence of democracy.

Concerning the point ?The Speaker of the Pyidaungsu Hluttaw or the Deputy Speaker acting as such, shall not vote in the first instance, but shall have and exercise a casting vote in the case of an equality of votes?, the word ?casting vote? is to be replaced with decisive vote to enhance the dignity of the Speaker.

The paras (9) and (10) said ?If for a period of 15 consecutive days a member of Pyidaungsu Hluttaw is, without permission of the Speaker absent from all meetings of the Pyidaungsu Hluttaw, the Speaker shall inform the Hluttaw concerned to take action against the member according to the prescribed rules.

Provided that in computing the said period of 15 days no account shall be taken of any period during which the Hluttaw is prorogued, or is adjourned.? and ?Although there may be vacant seats, the Pyidaungsu Hluttaw shall have the right to carry on its tasks. Moreover, the decision shall not be annulled, if the acts of some person who was not entitled to do so sat or voted or took part in the proceedings are discovered later.

As there can be more than one person who are not entitled, the para according to our view should be changed to ?Although there may be vacant seats, the Pyidaungsu Hluttaw shall have the right to carry on its tasks. Moreover, the decision shall not be annulled, if the acts of a person or more than one persons who were not entitled to do so sat or vote or took part in the proceedings are discovered later.

Esteemed delegates,

The delegates groups of State service personnel said, the clarification made by the Work Committee Chairman is comprehensive as it lays down the detailed basic principles to be formulated in the future constitution after studying in detail may sectors and the constitutions of world nations, the 1947 Constitution and the 1974 Constitution from various angles. The groups agrees that the points clarified by the Work Committee Chairman are truly appropriate to be adopted as detailed basic principles for formulating the future constitution.

Esteemed delegates,

The delegate group of other invited persons agrees that the 28 points explained by the Work Committee Chairman ensure freedom, justice and equality for the people. Thus they should be adopted as detailed basic principles.

Delegate groups of National Convention hold meetings

Yangon, 11 Oct - The Delegate Group of Representatives-elect, the Delegate Group of National Races, the Delegate Group of Intellectuals and Intelligentsia, and the Delegate Group of State Service Personnel yesterday afternoon held group meetings at the designated halls of Nyaunghnapin Camp in Hmawby Township, att-ended by members of the panel of chairmen and NC delegates.

Delegate Group of Representatives-elect

The group meeting of the Delegate Group of Representatives-elect was held at the meeting hall No 2 at 3.30 pm.

U San Tha Aung of Mro (or) Khami National Solidarity Organization presided over the meeting together with members of the panel of chairmen U Maung Gyi of Pa-O National Organization and U Law Hsin Kwam of Kokang Democracy and Unity Party. Deputy Director U Khin Sein of the National Convention Convening Work Committee and Assistant Director Daw Mi Mi Shein acted as MCs.

The MC declared the start of the group meeting as 12 delegates were in attendance, accounting for cent per cent. The alternate meeting chairman gave a speech and explained the rules and regulations for selection of members of the panel of chairmen.

U Thein Kyi of Taungdwingyi Township Constituency-1 tabled a motion to select U Mahn Tin Maung (a) U Mahn Myo Nyunt of Union Kayin League to fill a vacant member of the panel of chairmen, and Dr Hmu Htan of Thangtlan Town-ship Constituency seconded the motion. The alternate meeting chair-man announced that U Mahn Tin Maung (a) U Mahn Myo Nyunt of Union Kayin League was selected as member of the panel of chairmen. Later, the meeting chairman gave a speech and the meeting came to a close.

Delegate Group of National Races

The Delegate Group of National Races held its group meeting at Pyidaungsu Hall in the afternoon.

U Mahn Ohn Maung of Kayin State presided over the meeting together with members of the panel of chairmen U Kyaw Din (a) U Htay Yei of Kayah State and U Maung Hla (a) U Hla Myint of Taninthayi Division.

The MC declared the start of the group meeting as 643 delegates out of 645 were in attendance, accounting for 99.69 per cent. The alternate meeting chairman gave a speech and explained the rules and regulations for selection of members of the panel of chairmen.

U Mya Thaung of Mandalay Division tabled a motion to select U Aung Zan Wai of Rakhine State as a vacant member of the panel of chairmen, and U Pya Lay of Chin State and U Aung Thu of Mon State seconded the motion. The meeting chairman announced that U Aung Zan Wai of Rakhine State was selected a member of the panel of chairmen.

Delegate Group of Intellectuals and Intelligentsia

The delegate group held its meeting at the hall No 6. U Hla Myint of the Ministry of Rail Transportation presided over the meeting with members of the panel of chairmen President of Myanmar Academy of Technology Science Dr U Thein Oo Po Saw and Professor (Head of Department) and Surgery Specialist Dr U Thein Nyunt (Nyunt Wai-Katha).

The delegate group selected Director-General Dr U Maung Maung Wint of Medical Science Department as a member of the panel of chairmen.

Delegate Group of State Service Personnel

The meeting of the Delegate Group of State Service Personnel took place at the meeting hall No 7. Maj-Gen Aung Thein of the Ministry of Defence presided over the meeting together with members of the panel of chairmen U Arnt Maung of the Ministry of Religious Affairs and U Hla Tin of the Ministry of Commerce. The delegate group selected U Tin Kha (Tekkatho Tin Kha) of the Ministry of Information as a member of the panel of chairmen.

Source: http://mission.itu.ch/MISSIONS/Myanmar/n-convention/NC_11oct06%20Continue.htm