13 October 2006
From “The New Light of Myanmar” 14 October 2006
Suggestions of delegates concerning detailed basic principles for the chapters “Pyithu Hluttaw” and “Amyotha Hluttaw” presented to NC Plenary Session
Yangon, 13 Oct— The following is the presentation of the Panel of Chairmen on suggestions of delegates concerning detailed basic principles for the chapters “Pyithu Hluttaw” and “Amyotha Hluttaw” to be included in writing the State Constitution made at the Plenary Session of the National Convention held on 11 October.
Esteemed delegates,
At the National Convention Plenary Session held on 14 December 2005, National Convention Convening Work Committee Chairman U Aung Toe clarified “In relation to the adoption of detailed basic principles for legislation by the National Convention, the State’s legislative power is vested in the Pyidaungsu Hluttaw, region Hluttaws and state Hluttaws, and legislative power prescribed in the State Constitution, in self-administered areas. And one of the detailed basic principles adopted for the formation of the legislation said that the Pyidaungsu Hluttaw consists of the Pyithu Hluttaw and the Amyotha Hluttaw.
According to the principles adopted, the Pyithu Hluttaw and the Amyotha Hluttaw included in the Pyidaungsu Hluttaw have to cooperate with each other in carrying out legislative functions, the major task of the Hluttaws, although the two Hluttaws are formed separately. Therefore, the legislative functions of the Pyithu Hluttaw need to be as similar as those of the Amyotha Hluttaw as far as it can. In this regard, I would like to present the legislation of the Pyithu Hluttaw and the Amyotha Hluttaw as a whole”.
Next, he said “Based on the findings and reviews I have explained, I would like to present the detailed basic principles as a whole that should be adopted regarding the proceedings for the legislative functions of the Pyithu Hluttaw and the Amyotha Hluttaw that are to be included in the legislation of the Constitution as follows:—
1. (a) The first regular session of the Pyithu Hluttaw shall be convened within 90 days after the general election commences
(b) (1) The term of the Amyotha Hluttaw commences on the date on which the term of the Pyithu Hluttaw commences
(2) The first regular session of the Amyotha Hluttaw shall be convened within seven days after the commencement of the term of that Hluttaw
2. (a) (1) The State Peace and Development Council shall convene the first regular session of the Pyithu Hluttaw after the Constitution has come into force
(2) The Speaker of the Pyithu Hluttaw who continues to perform his duties in accordance with provisions of this Constitution shall convene first regular sessions for the next terms of the Pyithu Hluttaw.
(b) (1) The State Peace and Development Council shall convene the first regular session of the Amyotha Hluttaw after the Constitution has come into force
(2) The Speaker of the Amyotha Hluttaw who continues to perform his duties in accordance with provisions of this Constitution shall convene first regular sessions for the next terms of the Amyotha Hluttaw.
3. (a) (1) Members of the Pyithu Hluttaw shall take oaths before the Chairman of the Pyithu Hluttaw at the first regular session of the Pyithu Hluttaw
(2) The members of the Pyithu Hluttaw, who have not taken oaths, shall take oaths before the Speaker of the Hluttaw at the session of the Pyithu Hluttaw they first attend
(b) (1) Members of the Amyotha Hluttaw shall take oaths before the Chairman of theAmyotha Hluttaw at the first regular session of the Amyotha Hluttaw
(2) The members of the Amyotha Hluttaw, who have not taken oaths, shall take oaths before the Speaker of the Hluttaw at the session of the Amyotha Hluttaw they first attend
4. (a) The Speaker of the Pyithu Hluttaw shall convene regular session of the Pyithu Hluttaw at least once a year. The interval between two regular sessions shall not exceed 12 months
(b) The Speaker of the Amyotha Hluttaw shall convene regular session of the Amyotha Hluttaw at least once a year. The interval between two regular sessions shall not exceed 12 months
5. (a) The following matters are carried out at the sessions of the Pyithu Hluttaw.
(1) Recording the address delivered by the President
(2) Reading out and recording the messages sent by the President and the messages permitted by the Speaker
(3) Submitting, discussing and making decision on a bill
(4) Discussing and deciding the matters the Pyithu Hluttaw shall implement in accord with the provisions of the Constitution
(5) Discussing, deciding and recording the reports presented to the Pyithu Hluttaw
(6) Submitting proposals, holding discussions and making decisions
(7) Raising questions and giving replies
(8) Implementing the matters permitted by the Speaker of Pyithu Hluttaw
(b) The following matters are carried out at the sessions of the Amyotha Hluttaw.
(1) Recording the address delivered by the President
(2) Reading out and recording the messages sent by the President and the messages permitted by the Speaker
(3) Submitting, discussing and making decision on a bill
(4) Discussing and deciding the matters the Amyotha Hluttaw shall implement in accord with the provisions of the Constitution
(5) Discussing, deciding and recording the reports presented to the Amyotha Hluttaw
(6) Submitting proposals, holding discussions and making decisions
(7) Raising questions and giving replies
(8) Implementing the matters permitted by the Speaker of Amyotha Hluttaw
6. (a) (1) The first day session of the Pyithu Hluttaw is valid if more than half the number of members who have the right to attend the Pyithu Hluttaw session, are present. If a session is not valid it shall be adjourned.
(2) The sessions that are adjourned under sub para (1) due to invalidity and the valid sessions that are extended are valid if at least one-third of the Pyithu Hluttaw members are present.
(b) (1)The first day session of the Amyotha Hluttaw is valid if more than half the number of members who have the right to attend the Amyotha Hluttaw session, are present. If the session is not valid it shall be adjourned.
(2)The sessions that are adjourned under sub-para (1) due to invalidity and the valid sessions that are extended are valid if at least one-third of the Amyotha Hluttaw members are present.
7.(a) (1) 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.
(2) The Speaker of the Pyithu Hluttaw or the Deputy Speaker discharging duties as the Speaker at the Pyithu Hluttaw shall not vote in the first instance in the sessions of the Pyithu Hluttaw, but shall have and exercise a casting vote in the matters of an equality of votes.
(b)(1) 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.
(2) The Speaker of the Amyotha Hluttaw or the Deputy Speaker discharging duties as the Speaker at the Amyotha Hluttaw sessions shall not vote in the first instance in the sessions of the Amyotha Hluttaw, but shall have and exercise a casting vote in the matters of an equality of votes.
8. (a) (1) The Pyithu Hluttaw may declare the seat of a member vacant in accord with the rules prescribed if he is absent, without asking the Pyithu Hluttaw for leave, from a session for 15 days successively. Provided that in computing the said period of 15 days no account shall be taken of any period during which the session is prorogued or is adjourned.
(2) The Pyithu Hluttaw shall take action against a member in accord with the rules prescribed if the Speaker of the Pyidaungsu Hluttaw informed the Pyithu Hluttaw that that member is absent from the Pyidaungsu Hluttaw session for a period of 15 consecutive days without permission of the Pyidaungsu Hluttaw.
(b) (1) The Amyotha Hluttaw may declare the seat of a member vacant in accord with the rules prescribed if he is absent, without asking the Pyithu Hluttaw for leave, from a session for 15 days successively. Provided that in computing the said period of 15 days no account shall be taken of any period during which the session is prorogued or is adjourned.
(2) The Amyotha Hluttaw shall take action against a member in accord with the rules prescribed if the Speaker of the Pyidaungsu Hluttaw informed the Amyotha Hluttaw that member is absent from the Pyidaungsu Hluttaw session for a period of 15 consecutive days without permission of the Pyidaungsu Hluttaw.
9. (a) Even if there are vacant seats, the Pyithu Hluttaw shall have the right to carry out its tasks. Moreover, the session 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.
(b) Even if there are vacant seats, the Amyotha Hluttaw shall have the right to carry out its tasks. Moreover, the session 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.
10. (a) The functions and records of Pyithu Hluttaw shall be published for public information. But the functions and records restricted by a law or decisions of the Pyithu Hluttaw shall not be published.
(b) The functions and records of Amyotha Hluttaw shall be published for public information. But the functions and records restricted by a law or decisions of the Amyotha Hluttaw shall not be published.
11. (a) Of the matters included in the Union Legislative List, except the matters prescribed in this Constitution which shall be initiated exclusively in the Pyidaungsu Hluttaw, the remaining matters shall be initiated in the Pyithu Hluttaw according to the prescribed provisions
(b) Of the matters included in the Union Legislative List, except the matters prescribed in this Constitution which shall be initiated exclusively in the Pyidaungsu Hluttaw, the remaining matters shall be initiated in the Amyotha Hluttaw according to the prescribed provisions
12.(a)(1) After issuing a bylaw, rule or regulation in line with the law enacted by the Pyidaungsu Hluttaw, the organ concerned shall distribute the bylaw, rule or regulation to the Pyithu Hluttaw members at the nearest regular session of Pyithu Hluttaw under the arrangements permitted by the Speaker of the Pyithu Hluttaw.
(2) If it is found that a bylaw, rule or regulation is not in conformity with the provisions of the law concerned, Hluttaw members can submit a proposal to annul or amend the bylaw, rule or regulation to the Pyithu Hluttaw within 90 days from the date that bylaw, rule or regulation is circulated.
(3) If the Pyithu Hluttaw and the Amyotha Hluttaw do not reach a consensus in making a decision to annul or amend a bylaw, rule or regulation, it shall be presented to the Pyidaungsu Hluttaw.
(b) (1) After issuing a bylaw, rule or regulation in line with the law enacted by the Pyidaungsu Hluttaw, the organ concerned shall distribute the bylaw, rule or regulation to the Amyotha Hluttaw members at the nearest regular session of Amyotha Hluttaw under the arrangements permitted by the Speaker of the Amyotha Hluttaw.
(2) If it is found that a bylaw, rule or regulation is not in conformity with the provisions of the law concerned, Hluttaw members can submit a proposal to annul or amend the bylaw, rule or regulation to the Amyotha Hluttaw within 90 days from the date that bylaw, rule or regulation is circulated.
(3) If the Amyotha Hluttaw and the Pyithu Hluttaw do not reach a consensus in making a decision to annul or amend a bylaw, rule or regulation, it shall be presented to the Pyidaungsu Hluttaw.
13.(a)(1) If the Pyidaungsu Hluttaw sends the bills submitted by a Union level organization formed under the Constitution to the Pyithu Hluttaw in accordance with prescribed provisions, they shall be presumed that the bills are initiated in the Pyithu Hluttaw and shall be discussed and passed resolution in the Pyithu Hluttaw.
(2) Of the matters stated in the Union Legislation List, except the matters prescribed in the Constitution for which bills shall be submitted to the Pyidaungsu Hluttaw to make a decision, members of the Pyithu Hluttaw have the right to initiate the bills related to the remaining matters in the Pyithu Hluttaw. Such bills shall be under discussion at the Pyithu Hluttaw in line with the prescribed provisions.
(3) The bills approved by the Pyithu Hluttaw shall be forwarded to the Amyotha Hluttaw for holding discussions and making a decision.
(b) (1) If the Pyidaungsu Hluttaw sends the bills submitted by a Union level organization formed under the Constitution to the Amyotha Hluttaw in accordance with prescribed provisions, they shall be presumed that the bills are initiated in the Amyotha Hluttaw and shall be discussed and passed resolution in the Amyotha Hluttaw.
(2) Of the matters stated in the Union Legislation List, except the matters prescribed in the Constitution for which bills shall be submitted to the Pyidaungsu Hluttaw to make a decision, members of the Amyotha Hluttaw have the right to initiate the bills related to the remaining matters in the Amyotha Hluttaw. Such bills shall be under discussion at the Amyotha Hluttaw in line with the prescribed provisions.
(3) The bills approved by the Amyotha Hluttaw shall be forwarded to the Pyithu Hluttaw for holding discussions and making a decision.
14. (a)(1) After receiving a bill sent by the Amyotha Hluttaw, the Pyithu Hluttaw can make a decision that it agrees or disagrees, or agrees with amendments. The Pyithu Hluttaw shall return the bill together with its decision to the Amyotha Hluttaw.
(2) When the Amyotha Hluttaw returns the bill, sent by the Pyithu Hluttaw to the Amyotha Hluttaw, with amendments, the Pyithu Hluttaw shall forward the bill to the Speaker of the Pyidaungsu Hluttaw if it accepts the amendments of the Amyotha Hluttaw.
(3) The Pyithu Hluttaw shall seek the decision of the Pyidaungsu Hluttaw if it disagrees with the Amyotha Hluttaw in dealing with the bill sent by the Pyithu Hluttaw to the Amyotha Hluttaw.
(b) (1) After receiving a bill sent by the Pyithu Hluttaw, the Amyotha Hluttaw can make a decision that it agrees or disagrees, or agrees with amendments. The Amyotha Hluttaw shall return the bill together with its decision to the Pyithu Hluttaw.
(2) When the Pyithu Hluttaw returns the bill, sent by the Amyotha Hluttaw to the Pyithu Hluttaw, with amendments, the Amyotha Hluttaw shall forward the bill to the Speaker of the Pyidaungsu Hluttaw if it accepts the amendments of the Pyithu Hluttaw.
(3) The Amyotha Hluttaw shall seek the decision of the Pyidaungsu Hluttaw if it disagrees with the Pyithu Hluttaw in dealing with the bill sent by the Pyithu Hluttaw to the Amyotha Hluttaw.
15. (a) Members of a Union level body formed under the Constitution shall have the right—
(1) to explain and discuss the bills and other matters of their bodies while attending a session of the Pyithu Hluttaw with the permission of the Speaker of the Pyithu Hluttaw
(2) to explain and discuss the bills and other matters of their bodies while attending sessions of the committee, commission and bodies of the Pyithu Hluttaw with the permission of the heads of these committee, commission and bodies
(b) Members of a Union level body formed under the Constitution shall have the right—
(1) to explain and
discuss the bills and other matters of their bodies while attending a
session of the Amyotha Hluttaw with the permission of the Speaker of
the Amyotha Hluttaw
(2) to explain and discuss the bills and
other matters of their bodies while attending sessions of the
committee, commission and bodies of the Amyotha Hluttaw with the
permission of the heads of these committee, commission and bodies
16. (a) The Speaker of the Pyithu Hluttaw shall have the right—
(1) to supervise sessions of the Pyithu Hluttaw
(2) to invite the President of the Union if he informs his desire to deliver a speech at a session of the Pyithu Hluttaw
(3) to invite members or persons representing a Union level body formed under the Constitution to a session of the Pyithu Hluttaw if necessary for a matter under way at a session of the Pyithu Hluttaw
(4) to discharge other duties and functions prescribed under the Constitution or a law
(b) The Speaker of the Amyotha Hluttaw shall have the right—
(1) to supervise sessions of the Amyotha Hluttaw
(2) to invite the President of the Union if he informs he wishes to deliver a speech at a session of the Amyotha Hluttaw
(3) to invite members or persons representing a Union level body formed under the Constitution to a session of the Amyotha Hluttaw if necessary for a matter under way at a session of the Amyotha Hluttaw
(4) to discharge other duties and functions prescribed under Constitution or a law
17.(a) (1) Members of the Pyithu Hluttaw shall have the freedom of speech and vote in the Pyithu Hluttaw and the committee of the Pyithu Hluttaw, subject to the provisions of the Constitution and the Pyithu Hluttaw. No action shall be taken against such persons for their speeches, except under the law of Pyithu Hluttaw.
(2) Members or persons representing a Union level body formed under the Constitution who are permitted to attend or invited to a session of the Pyithu Hluttaw or a committee of the Pyithu Hluttaw shall have the freedom of speech in the Pyithu Hluttaw or the committees of the Pyithu Hluttaw, subject to the provisions of the Constitution and the Pyithu Hluttaw. No action shall be taken against such persons for their speeches, except under the law of Pyithu Hluttaw.
(3) Action shall be taken against those members stated in sub paras (a) and (b) in accordance with the existing laws if they make physical assault in enjoying the privileges.
(b) (1) Members of the Amyotha Hluttaw shall have the freedom of speech and vote in the Amyotha Hluttaw and the committee of the Amyotha Hluttaw, subject to the provisions of the Constitution and the Amyotha Hluttaw. No action shall be taken against such persons for their speeches, except under the law of Amyotha Hluttaw.
(2) Members or persons representing a Union level body formed under the Constitution who are permitted to attend or invited to a session of the Amyotha Hluttaw or a committee of the Amyotha Hluttaw shall have the freedom of speech in the Amyotha Hluttaw or the committees of the Amyotha Hluttaw, subject to the provisions of the Constitution and the Amyotha Hluttaw. No action shall be taken against such persons for their speeches, except under the law of Amyotha Hluttaw.
(3) Action shall be taken against those members stated in sub-paragraphs (a) and (b) in accordance with the existing laws if they make physical assault in enjoying the privileges.
18.(a) (1) If there arises a need to arrest a Pyithu Hluttaw member attending a Pyithu Hluttaw session or a person attending the Pyithu Hluttaw session with the permission or at the invitation of the Pyithu Hluttaw Speaker, the reliable evidence shall be submitted to the Pyithu Hluttaw Speaker. He shall not be arrested without prior permission of the Pyithu Hluttaw Speaker.
(2) If there arises a need to arrest a member of a committee or commission or organization formed by the Pyithu Hluttaw attending a session of the committee or commission or organization, the reliable evidence shall be submitted to the Pyithu Hluttaw Speaker through the head of the committee or commission or organization concerned. He shall not be arrested without prior permission of the Pyithu Hluttaw Speaker.
(3) If there arises a need to arrest a member of Pyithu Hluttaw or committee, commission or organization when the Pyithu Hluttaw or the committee or the commission or the organization is not in session, reliable evidence in support of such arrest shall promptly be submitted to the Pyithu Hluttaw Speaker.
(b) (1) If there arises a need to arrest a Amyotha Hluttaw member attending a Amyotha Hluttaw session or a person attending the Amyotha Hluttaw session with the permission or at the invitation of the Amyotha Hluttaw Speaker, the reliable evidence shall be submitted to the Amyotha Hluttaw Speaker. He shall not be arrested without prior permission of the Amyotha Hluttaw Speaker.
(2) If there arises a need to arrest a member of a committee or commission or organization formed by the Amyotha Hluttaw attending a session of the committee or commission or organization, the reliable evidence shall be submitted to the Amyotha Hluttaw Speaker thorough the head of the committee or commission or organization concerned. He shall not be arrested without prior permission of the Amyotha Hluttaw Speaker.
(3) If there arises a need to arrest a member of Amyotha Hluttaw or committee, commission or organization when the Amyotha Hluttaw or the committee or the commission or the organization is not in session, reliable evidence in support of such arrest shall promptly be submitted to the Amyotha Hluttaw Speaker.
19. (a) The reports, publications and records published by the Pyithu Hluttaw or under its authority shall be privileged.
(b) The reports, publications and records published by the Amyotha Hluttaw or under its authority shall be privileged.
Esteemed delegates,
Regarding the clarification, among the seven political parties of the delegate group of political parties of the National Convention, the National Unity Party discussed “Concerning the Pyithu Hluttaw and Amyotha Hluttaw, the Work Committee Chairman has thoroughly presented 92 points including 19 points and sub paras.
“The first regular session of the Pyithu Hluttaw shall be convened within 90 days from the commencing date of general elections.
“The term of the Amyotha Hluttaw shall come into force on the commencing date of the Pyithu Hluttaw, and the first regular session of the Amyotha Hluttaw shall be convened as soon as possible after its term has come into force.
“The State Peace and Development Council shall convene regular sessions and the Pyithu Hluttaw and the Amyotha Hluttaw, speakers of respective Hluttaws shall convene future sessions, taking oaths by Hluttaw members, Hluttaw session shall be convened at least once a year and the interval between two regular sessions shall not exceed 12 months.
“The points on functions to be carried out at the sessions of the Pyithu Hluttaw and the Amyotha Hluttaw, validity of sessions, making decisions through voting are in conformity with the principles prescribed for the Pyidaungsu Hluttaw. Respective Hluttaws have stated their functions clearly.
“The points on validity of sessions, and making decisions through voting at the Pyithu Hluttaw and the Amyotha Hluttaw have been stated clearly.
So, the NUP want to make no further suggestions about these points”.
The party also suggested, “If a period of 15 days a member of the Pyithu Hluttaw or the Amyotha Hluttaw is, without permission of the Hluttaw concerned, absent from all sessions, the Hluttaw concerned may, in accordance with the procedures, declare his seat vacant.
“Members of the Pyithu Hluttaw and the Amyotha Hluttaw live in different regions across the nation. With respect to the computing of the said period, sometimes a member may find it difficult to inform about his absence within 15 days due to various reasons. Thus, the period of absence without permission of respective Hluttaws should be extended from 15 to 30 days.
“It says that in declaring vacancies in the membership due to such absence without permission, steps are to be taken in accordance with the procedures. So, it should assess the causes of why permissions cannot be sought within the permitted period.
“In this regard, as soon as a vacancy in membership is declared, there may be temporary disconnection and representation between the Hluttaw member and those who are represented by that Hluttaw member. In addition, it will need to fill the vacancy, and if so, that will cost much time and money. Furthermore, electorate will have to be under a responsibility to elect a Hluttaw member who will represent them. Such acts can have impacts to an extent on the State and the people as well as on the Hluttaw members concerned.
“If a Hluttaw member is absent more than permitted period, due investigation should be made into the case to find out whether the Hluttaw member is absent deliberately, or it is due to natural disasters or other incidental cases. The seat of the Hluttaw member should be declared vacant only when it has been found out that he is absent deliberately.
“Hluttaw members and persons who are attending a session at invitation have freedom of speech, and action shall be taken against such persons in accordance with the existing law if they commit physical attacks on others. We submit these points as discussed in the Pyidaungsu Hluttaw to take them into consideration”.
The Union Pa-O National Organization suggested that 28 detailed basic principles for functions of the Pyidaungsu Hluttaw, 19 detailed basic principles for legislative functions of the Pyithu Hluttaw and the Amyotha Hluttaw and 23 detailed basic principles for legislative functions of the Region and State Hluttaw clarified by the Work Committee Chairman be adopted as detailed basic principles.
Mro (or) Khami National Solidarity Organization in its suggestions said, “When we study the detailed basic principles for the Pyithu Hluttaw and the Amyotha Hluttaw clarified by Work Committee Chairman U Aung Toe, we noticed the 19 detailed basic principles. These 19 detailed basic principles are found appropriate with sufficient facts, so they should be adopted as detailed basic principles”.
Lahu National Development Party said that the 19 detailed basic principles for legislative functions of the Pyithu Hluttaw and the Amyotha Hluttaw the Work Committee Chairman presented are consistent with constitutions of world nations, and the functions they practised, 1947 constitution, and 1974 constitution, and will harmonize with prevailing situations of the motherland. So, we would like to suggest that the 19 detailed basic principles be adopted as detailed basic principles.
Union Kayin League said the Work Committee Chairman has made thorough clarification to the detailed basic principles for legislative functions. So, it has no further suggestions on the legislative sector. It suggested that the 28 points on legislation of the Pyidaungsu Hluttaw, the 19 points on legislation of the Pyithu Hluttaw and the Amyotha Hluttaw and the 23 points on legislation of the Region or State Hluttaw should be laid down as detailed basic principles.
Kokang Democracy and Unity Party said that the detailed basic principles explained by the Work Committee Chairman on legislative functions and relations of Hluttaws are firm and precise and there are systematic links on functions of the Hluttaws (between one Hluttaw and another). They thoroughly cover current international and internal situations in the political and social aspects. It said that it has thus no further suggestions to the explanations.
It suggested that the functions of the Pyidaungsu Hluttaw, the Pyithu Hluttaw, the Amyotha Hluttaw, and Region or State Hluttaws, 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.
Wa National Development Party said that the 19 points on detailed basic principles for legislative functions of the Pyithu Hluttaw and the Amyotha Hluttaw are found appropriate, so they should be adopted as detailed basic principles.
Esteemed delegates,
Of the four proposal papers submitted by the delegate group of representatives-elect, the stances of the representatives of the National Unity Party and Mro (or) Khami National Solidarity Organization have been presented through the coordination of the political parties concerned of the delegate group of political parties. The suggestions of respective representatives are the same as those discussions.
Representative-elect Dr Hmu Htan of Thantlang Township constituency in Chin State, representative-elect U Aung Thein of Ywangan Township constituency in southern Shan State and representative-elect U Tun Kyaw of Namhsan Township constituency in Shan State (North) from the delegate of representatives-elect said that the clarifications of the Work Committee Chairman are appropriate. They suggested that in sub para (A) of para (1) “The first regular session that gives birth to the Pyithu Hluttaw shall be convened within 90 days from the commencing date of general elections”, time limit should be 45 days rather than 90 days. The remaining points should be adopted as detailed basic principles, as explained by the Work Committee Chairman.
They separately suggested that the nation’s present condition in peace and stability is different many times from that of the 1947. Peace and stability has been restored throughout the nation and the people can travel from one place to another at any times. And at such a time when the nation has enjoyed all-round development including the communication sector, the time limit of 90 days for important steps of elections such as counting, scrutinizing, approving and announcing the votes is long unnecessarily. They expressed their view that there will be no problems although the time limit is fixed 45 days. So, “The first regular session that gives birth to the Pyithu Hluttaw shall be convened within 90 days from the commencing date of general elections” should be “The first regular session that gives birth to the Pyithu Hluttaw shall be convened within 45 days from the commencing date of general elections”.
Independent representatives-elect of the delegate groups of representatives-elect — U Tin Win of Kyaiklat Township constituency-2, U Thein Kyi of 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—suggested that the 19 points regarding the Pyithu Hluttaw and the Amyotha Hluttaw to be included in the chapter “Legislation” in framing State constitution explained by the Work Committee Chairman should be adopted as detailed basic principles.
As a separate suggestion, they said that one of the detailed basic principles of the Hluttaws is “The session of a Hluttaw shall not be annulled, even if the acts of a person who was not entitled to do so, sat or voted or took part in the proceedings are discovered later”.
The purpose is to avert possible effects on the decisions and activities carried out by the Hluttaw concerned due to the acts that such a person.
Making a decision through voting and approving a matter in Hluttaws is of great importance. That is part of democracy system. So, it doesn’t matter if the vote of a person who is not entitled does not have any effect on the decision or approval. But, it does matter if a matter is approved or annulled due to his vote. It’s food for thought. In other words, if his vote may be the decisive vote. For instance, the Hluttaw Speaker has to cast a vote in the matter of an equality of votes due to his vote. And, originally the number Hluttaw members present does not meet half or two-thirds of a sufficient number, but it is so due to his attendance.
Esteemed delegates,
The delegate group of national races suggested that the points presented by the Work Committee Chairman regarding legislative functions of the Pyithu Hluttaw and the Amyotha Hluttaw should be adopted.
As a separate suggestion, a Hluttaw member has the right to cast a vote for or against or abstention, and that is also practised at the Hluttaws of world nations and at the UN.
It has been suggested that the 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” should be laid down.
And in the clarification of the Work Committee Chairman, it was suggested that “A Hluttaw member has the right to stay neutral if he does not wish to cast a vote” should be added to No 8 (A) of the Pyidaungsu Hluttaw, para 7 (A) (1) and 7 (B) (1) of the Pyithu Hluttaw and the Amyotha Hluttaw and No 8 (A) of the Region or State Hluttaw.
Esteemed delegates,
The delegate group of peasants said that the 19 points discussed by the Work Committee Chairman regarding legislative functions of the Pyithu Hluttaw and the Amyotha Hluttaw are thorough and appropriate, so these points should be adopted as detailed basic principles. It said that it had no further suggestions about the points and was in support of the clarification.
Esteemed delegates,
The delegate group of workers made suggestion that the 19 points discussed by the Work Committee Chairman regarding legislative functions of the Pyithu Hluttaw and the Amyotha Hluttaw should be adopted as detailed basic principles.
Esteemed delegates,
The delegate group of intellectuals and intelligentsia said that the 19 points discussed by the Work Committee Chairman regarding legislative functions of the Pyithu Hluttaw and the Amyotha Hluttaw should be adopted as detailed basic principles.
As a separate suggestion, it said that the words “casting vote” stipulated in sub para (2) of para 7 (A), and sub para (2) of para 7 (B) should be replaced with the words “decisive vote” and the phrase “a person who is not entitled”, with the phrase “a person or persons who are not entitled”.
Esteemed delegates,
The delegate group of State service personnel suggested that the 19 points discussed by the Work Committee Chairman regarding legislative functions of the Pyithu Hluttaw and the Amyotha Hluttaw should be adopted as detailed basic principles.
Esteemed delegates,
The delegate group of other invited persons said that at the plenary session of the National Convention held on 14 December 2005, the Work Committee Chairman clarified the 19 detailed basic principles that should be adopted for legislative functions of the Pyithu Hluttaw and the Amyotha Hluttaw.
Members of the group said they conducted a thorough study on the points and found out that some points are suggested with vision as follows:
- the date on which the terms of the Pyithu Hluttaw and the Amyotha Hluttaw and the first regular sessions shall be convened are fixed specifically.
- it is designated that the State Peace and Development Council shall convene the first sessions of Hluttaws in accordance with the programmes of the State’s seven-step Road Map after the State constitution comes into force.
- it is stated taking oaths by Hluttaw members,
- the periods in which regular sessions of the two Hluttaws shall be convened,
- same eight work programmes of the two Hluttaws,
- the principle regarding the quorums of the two Hluttaws for validity of sessions,
- the principle regarding voting to make decisions of the two Hluttaws,
- the principle regarding action taken against Hluttaw members for their absence from sessions of the two Hluttaws,
- the principle for ensuring validity of the proceedings of the two Hluttaws notwithstanding vacancies in membership and attendance of a person who is not entitled, and
- the principle for issuing activities of the two Hluttaws for public knowledge.
- Moreover, there have been stated the right to submit bills and duties and powers of the speakers of the two Hluttaws as follows:
- the rights of the two Hluttaws to submit bills,
- the rights of the two Hluttaws regarding by-laws, rules and regulations,
- the rights of the Hluttaws to make decisions on bill through reciprocal relations,
- the rights of members of a organization representing a Union level body to take part in discussions at Hluttaw sessions,
- designation of four duties and powers each for speakers of the two Hluttaws,
- freedom of speech, vote and discussion for Hluttaw members and power to take action,
- power to arrest a person attending a Hluttaw session, and
- privileges of reports, documents and records of Hluttaws.
- They said that these points are, in fact, check and balance of functions and powers between the two Hluttaws. So, they should be adopted as detailed basic principles for legislative functions of the Pyithu Hluttaw and the Amyotha Hluttaw, and they are in support of these points.
Source: http://myanmargeneva.org/n-convention/NC_13%20Oct%2006%20Continues.htm