From The New Light of Myanmar 15 October 2006
The Chief Ministers should have the right to send their opinions and hold discussions on the bills passed by the Region or State Hluttaws Suggestions of delegates concerning detailed basic principles for the chapter “Region or State Hluttaws” presented to NC Plenary Session
YANGON, 14 Oct — The following is the presentation of the Panel of Chairmen on suggestions of delegates concerning detailed basic principles for the chapter “Region or State Hluttaws” 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 Plenary Session of the National Convention held on 15 December 2005, the Chairman of the National Convention Convening Work Committee said, “I would like to present a collection of detailed basic principles that should be adopted for the legislative functions of the Region or State Hluttaws included in formulating a new constitution.
1. (a) The day the term of Region or State Hluttaws comes into force is that of the Pyithu Hluttaw
(b) The first regular session of Region or State Hluttaws shall be convened within 15 days after the commencement of the term of the Hluttaw
2. (a) The State Peace and Development Council shall convene the first regular session of Region or State Hluttaws after the Constitution has come into force
(b) The Speaker of Region or State Hluttaws who continues to perform his duties in accordance with the provisions of the Constitution shall convene the first regular session for the next term of Region or State Hluttaws
3. (a) Members of Region or State Hluttaws shall take oaths before the chairman of Region or State Hluttaw at the first regular session of Region or State Hluttaw.
(b) Members of Region or State Hluttaw who have not taken oaths, shall take oath before the Speaker of the Hluttaw at the session of the Region or State Hluttaw they first attend
4. The Speaker of the Region or State Hluttaw shall convene the regular session of the Region or State Hluttaw at least once a year. The interval between two regular sessions shall not exceed 12 months.
5. The following matters are carried out at the session of the Region or State Hluttaw.
(a) Recording the address delivered by the Union President
(b) Reading out and recording messages sent by the President and other messages permitted by the Speaker
(c) Recording the address delivered by region or state chief minister
(d) Submitting, discussing and making decision on a bill
(e) Discussing and deciding the matters the Region or State Hluttaw shall implement in accordance with provisions of the Constitution and the existing laws
(f) Discussing, deciding and recording the reports presented to the Region or State Hluttaw
(g) Submitting proposals, holding discussions and making decisions
(h) Raising questions and giving replies
(i) Implementing matters permitted by Speaker of Region or State Hluttaw
6. (a) Speaker of respective Region or State Hluttaw can convene special session or emergency session of Region or State Hluttaws if necessary.
(b) Speaker of respective Region or State Hluttaw shall convene a special or emergency session of region or state as soon as possible when the Region or State Chief Minister informs to do so
(c) Speaker of respective Region or State Hluttaws shall convene a special session of region or state as soon as possible if at least one-fourth of the Region or State Hluttaw members ask to convene it
7. (a) The first day session of the Region or State Hluttaw is valid if more than half the number of members who have the right to attend the session of the Region or State Hluttaw, are present. The session if invalid shall be adjourned.
(b) The sessions that are adjourned due to invalidity in accordance with the sub para (a) as well as the valid sessions that are extended are valid if at least one-third of the Hluttaw members, who have the right to attend a session of Region or State Hluttaw are present
8. (a) Save as otherwise provided by this Constitution, a matter that should be decided through voting in the Region or State Hluttaw shall be determined by a majority of votes of the members present and voting
(b) The Speaker of the Region or State Hluttaw or the Deputy Speaker discharging duties as the Speaker shall not vote in the first instance in the sessions of the Region or State Hluttaws, but shall have and exercise a casting vote in the matters of an equality of votes
9. If for a period of 15 consecutive days a member of Region or State Hluttaw is, without permission of the Hluttaw, absent from a session of Region or State Hluttaw, the Region or State Hluttaw can declare the seat of the Region or State Hluttaw member vacant in accordance with prescribed provisions. 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.
10. Although there are vacant seats, the Region or State 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.
11. The functions and records of the Region or State Hluttaw shall be published for public information. But, the functions and records restricted by a law or decisions of the Region or State Hluttaw shall not be published.
12. Region or State Hluttaw has the power to make laws for the whole or any part of the Region or State concerning matters stated in the Region or State Legislative List
13. (a) When the Region or State Hluttaw enacts a law, it may —
(1) entrust the right to issue bylaws, rules and regulations concerning the law to a region or state level organization formed under the Constitution
(2)authorize the organization or authority to issue notifications, orders, directives and procedures concerning the law
(b) The bylaws, rules, regulations, notifications, orders, directives and procedures issued with the right vested by a law shall be consonant with the stipulations contained in the Constitution and the law concerned.
(c) After issuing a bylaw, rules or regulations under the law enacted by Region or State Hluttaw, the organization concerned shall circulate the bylaw, rules or regulations to Hluttaw members during the nearest regular session of the Region or State Hluttaw with the arrangement permitted by the Hluttaw Speaker.
(d) If the bylaw, rules or regulations are found to be not consonant with the provisions of the law concerned, Region or State Hluttaw members can submit a proposal to annul or amend the by law, rules or regulations to Region or State Hluttaw within 90 days from the date they are circulated.
(e) If a decision is made by Region or State Hluttaw to annul or amend a bylaw, rules or regulations, the decision shall not affect however without prejudice to the validity of any action previously taken under the bylaw, rules or regulations.
14. (a) Matters that requires decision, assent and approval of Region or State Hluttaw shall be implemented as follows.
(1) If the Region or State Hluttaw is in session, the matter shall be decided at that session.
(2) If the Region or State Hluttaw is not in session, the discussions and decisions on the matter shall be made at the nearest Region or State Hluttaw session
(3) A special session or an emergency session shall be convened to discuss and decide the matters which need prompt action for public interest.
15. (a) Of the matters included in the Region or State Legislative List, the Region or State level organizations formed under the Constitution, can submit bills on matters under their management to the Region or State Hluttaw in accordance with the prescribed provisions.
(b) Bills on region or state plans, annual budgets and taxation which are to be submitted exclusively by the Region or State Government shall be submitted to the Region or State Hluttaw in accordance with the prescribed provisions.
16. Of the matters included in the Region or State Legislative List, except those prescribed under the Constitution to be submitted exclusively by the Region or State Government, the Region or State Hluttaw members can submit bills on other matters in accordance with the prescribed provisions.
17. Region or State Hluttaw shall make a decision when Region or State Government submits region or state budget in accordance with the prescribed provisions.
18. (a) The Region or State Chief Minister shall
(1) sign the bill approved by the Region or State Hluttaw and promulgate it as a law, within seven days after receiving it.
(2) sign the bill approved by the Self-Administered Region leading body and promul gate it as a law, within 14 days after receiving it.
(b) Although the Region or State Chief Minister does not sign the bill and promulgate it as a law with the fixed time, the bill shall come into force in like manner as if he had signed it on the last date of the fixed time.
(c) The bills signed by the Region or State Chief Minister and bills which have come into force in like manner as if they were signed by him, shall be promulgated in the Union Gazette. The laws shall come into force on the date of such promulgation unless the contrary intention are expressed.
19. (a) Of the members of a region or state level organization formed under the Constitution, members of Region or State Hluttaw shall have the right of discussing and voting concerning bills or matters related to their organizations in the Hluttaw sessions
(b) Of the members of a region or state level organization formed under the Constitution, those members who are not Region or State Hluttaw members while attending the session with the permission of Hluttaw Speaker shall have the right of discussing concerning bills or matters related to their organizations
20. The Speaker of Region or State Hluttaw shall—
(a) supervise Region or State Hluttaw sessions
(b) invite the Union President if he informs him of his desire to address the Region or State Hluttaw session
(c) make necessary arrangements when the Region or State Chief Minister informs him of his desire to address he wishes
(d) have the right, if necessary, to invite members or persons of region or state level organization formed under the Constitution to the Region or State Hluttaw session to make clarification as regards matters under discussion
(e) perform other duties and responsibilities entrusted by the Constitution or a law
21. (a) Subject to the provisions stated in the Constitution and provisions stipulated in the Region or State Hluttaw Law, members of Region or State Hluttaw have freedom of speech and voting at the Region or State Hluttaw as well as at Region or State Hluttaw committee and organization. Concerning the discussions and functions , a Region or State Hluttaw member shall be privileged except under the Region or State Hluttaw Law.
(b) Subject to the provisions stated in the Constitution and provisions stipulated in the Region or State Hluttaw Law, members or persons who are permitted or invited to attend Region or State Hluttaw session have freedom of speech at the Region or State Hluttaw or Region or State Hluttaw committee and organizations. Concerning such discussions, they shall be privileged except under the Region or State Hluttaw Law.
(c) Action shall be taken against those members stated in sub para (a) and (b) in accordance with the existing laws if they make physical assault in enjoying the privileges
22. (a) If there arises a need to arrest a Region or State Hluttaw member attending a Region or State Hluttaw session or a person attending the Hluttaw session with the permission or at the invitation of the Hluttaw Speaker, the reliable evidence shall be submitted to the Hluttaw Speaker. He shall not be arrested without prior permission of the Hluttaw Speaker.
(b) If there arises a need to arrest a member of a committee or an organization formed by the Region or State Hluttaw attending a session of the committee or organization, the reliable evidence shall be submitted to the Hluttaw Speaker through the head of the committee or organization concerned. He shall not be arrested without prior permission of the Hluttaw Speaker.
(c) If there arises a need to arrest a member of Region or State Hluttaw or committee or organization formed by the Hluttaw while the Hluttaw or the committee or the organization is not in session, reliable evidence in support of such arrest shall promptly be submitted to the Region or State Hluttaw Speaker.
23. The reports, documents and records published by the Region or State Hluttaw or under its authority shall be privileged.
Esteemed delegates,
The National Unity Party of delegate group of political parties, comprising seven political parties, sees the proposals concerning the Region or State Hluttaw are centering on parliamentary functions. Moreover, the proposals also aim at ensuring a Region or State Hluttaw to carry out its tasks in harmony with central level hluttaws and the constitution. Hence, they are appropriate.
In presenting a separate suggestion, the party said, a detailed basic principle states, “If for a period of 15 consecutive days a member of Region or State Hluttaw is, without permission of the Hluttaw, absent from a session of Region or State Hluttaw, the Region or State Hluttaw can declare the seat of the Region or State Hluttaw member vacant in accordance with prescribed provisions.”
As the hluttaw members are the residents of their respective Regions and States, transport and communication are easier for them if compared with the members of the Pyidaungsu Hluttaw, the Pyithu Hluttaw and the Amyotha Hluttaw. So, the period of 15 consecutive days is appropriate for this matter.
But the declaration of the seat of the Region or State Hluttaw member vacant in accordance with prescribed provisions should be made only if it can be ascertained that the cause is due to the member himself.
The party finds that the detailed basic principle, which says that if the bylaw, rules or regulations are found to be not consonant with the provisions of the law concerned, a proposal can be submitted to annul or amend the bylaw, rules or regulations is comprehensive and in harmony with the procedures of the central level hluttaws.
As there are differences in legal essence, the matters that are to be annulled or amended should be scrutinized to ascertain whether mistakes are made inadvertently or not, and a study should be conducted to measure the extent of the adverse effects caused by the mistake.
Points contained in the matters that requires decision, assent and approval of Region or State Hluttaw and the submission of bill by the Region or State level organizations formed under the Constitution are appropriate.
According to the point “Region or State Hluttaw shall make a decision when Region or State Government submits region or state budget in accordance with the prescribed provisions” it seems that Region or State Hluttaw can make decisions without holding any discussions or coordination.
In addition, it is said the submission of annual budgets and revenues shall be discussed and decided in accord with the procedures. The annual budget is important for the Pyidaungsu Hluttaw as well as the Region or State Hluttaw.
Thus, thorough discussion and coordination should be made. Hence, we would like to add the words “hold discussions” in the said point as follows:
“Region or State Hluttaw shall hold discussions and make a decision when Region or State Government submits region or state budget in accordance with the prescribed provisions”
The functions of the Chief Minister cover the task to make contacts with the Region or State Hluttaw concerned. The President in signing and issuing bills passed by the Pyidaungsu Hluttaw has the right to send his comments regarding the bills.
The President is the Head of State. The Chief Minister can be assumed the head of the Region or State concerned. Although the head of state or the chief ministers send back the bills with amendments, it is only the hluttaw that has the power to make final decisions whether to make amendments or not. In our opinion, it will be in the interest of the nation and the region or state if the head of state or the chief minister makes amendments for the short-term significant occurrence. Hence, the Chief Minister shall have the right to send their opinions and hold discussions on the bills passed by the Region or State Hluttaw.
In our view, it is appropriate that members of Region or State Hluttaw have freedom of speech and voting at the Region or State Hluttaw as well as at Region or State Hluttaw committee and organization. But we have suggestions concerning the action taken against the members for committing physical assaults.
We would like to amend the sub para (c) of the point 21 as “Action shall be taken against those members stated in sub para (a) and (b) in accordance with the existing laws and the rules and regulations of the Region or State Hluttaw if they make physical assault in enjoying the privileges.”
Esteemed delegates,
The Union Pa-O National Organization said, “The Work Committee Chairman thoroughly explained the legislative functions of the Pyithu Hluttaw, the Amyotha Hluttaw and the Region or State Hluttaw. So, we members of the Union Pa-O National Organization suggest 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 Region or 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 clarification of the Work Committee Chairman regarding the legislative functions of the Region or State Hluttaw, we noticed the 23 detailed basic principles are appropriate, so they should be adopted as detailed basic principles.
“Lahu National Development Party said that in drawing State constitution at the National Convention, the Work Committee Chairman’s clarifications to the legislative functions of the Pyidaungsu Hluttaw, the Pyithu Hluttaw, the Amyotha Hluttaw, and the Region or State Hluttaw to be included in the Chapter “Legislation” are appropriate excerpts from the 1947 constitution, the 1974 constitution, and functions exercised by world nations. So, the 28 detailed basic principles laid down for the Pyidaungsu Hluttaw, the 19 detailed basic principles for the Pyithu Hluttaw and the Amyotha Hluttaw, and the 23 detailed basic principles for the Region and State Hluttaw should be adopted as detailed basic principles.
The 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 said 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, regional and internal situations in the political and social aspects. It said that it has thus no further suggestions to the explanations.
It said that the functions of the Pyidaungsu Hluttaw, the Pyithu Hluttaw, the Amyotha Hluttaw, and Region or 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.
Wa National Development Party said that the 23 points on detailed basic principles for legislative functions of the Region or State Hluttaw the Work Committee Chairman explained 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.
Representatives-elect Dr Hmu Htan of Thantlang Township constituency in Chin State, U Aung Thein of Ywangan Township constituency in southern Shan State and U Tun Kyaw of Namhsan Township constituency in Shan State (North) from the delegate group of representatives-elect said that the clarifications the Work Committee Chairman made are appropriate, and so they have no further suggestions about these points. The points the Work Committee Chairman clarified regarding legislative functions of the Region or State Hluttaw to be included in the Chapter “Legislation” in writing State constitution should be adopted as detailed basic principles.
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—said that the 23 points regarding the Region or State 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.
The 23 points the Work Committee Chairman presented regarding legislative functions of the Region or State Hluttaw to be included in the Chapter “Legislation” in drawing State constitution 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 decision of a Hluttaw shall not be annulled, even if the acts of a person who was not entitled to attend the Hluttaw meeting, sat or voted or took part in the proceedings are discovered later”.
The purpose is to be able to avert possible nagative effects on the decisions and activities carried out by the Hluttaw concerned due to the acts of such a person.
Making a decision through voting and approving a matter in Hluttaws is very important. 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 is a point to be considered. 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 the vote of the person in question. And, originally the number of Hluttaw members present does not meet half or two-thirds of a sufficient number, but it is so due to his attendance. Hence, they suggested that representative scrutiny work should be carried out systematically.
Esteemed delegates,
The delegate group of national races suggested that the points presented by the Work Committee Chairman regarding legislative functions of the Region or State 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 assemblies.
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 it found the points discussed by the Work Committee Chairman regarding legislative functions or relations of the Hluttaws, so these points should be adopted as detailed basic principles. It said that it had no further suggestions about the points.
Esteemed delegates,
The delegate group of workers said that the points discussed by the Work Committee Chairman regarding legislative functions of the Region or State Hluttaw are compiled in conformity with the prevailing situations the nation and the people are now facing, and they are found most appropriate to the nation.
So, these points based on the facts compiled by the Work Committee Chairman should be adopted as detailed basic principles.
Esteemed delegates,
The delegate group of intellectuals and intelligentsia said that they submit their proposals with their suggestions, amendments and views and support the 23 points discussed by the Work Committee Chairman regarding legislative functions of the Region and State Hluttaw.
As a separate suggestion, members of the group said that para (8) says “Save as otherwise provided by this Constitution, a matter that should be decided through voting in the Region or State Hluttaw shall be determined by a majority of votes of the members present and voting.
The person discharging duties as the Speaker shall not vote in the first instance in the sessions of the Region or State Hluttaws, but shall have and exercise a casting vote in the matters of an equality of votes. In the clarification, the vote the Speaker has to cast is mentioned “casting vote”. The words “casting vote” is correct in meaning, but in essence in original Myanmar Language, it means it is in favour of one side, and against the other side. So, they said, “We think the term “decisive vote” is more suitable than the term “casting vote”. We prefer the term “decisive vote” to the term “casting vote”. If so, the meaning of the term is more significant and clearer, and that will enhance the role and prestige of the Speakers.
Para (9) says “If for a period of 15 consecutive days a member of the Region or State Hluttaw is, without permission of the Hluttaw concerned, absent from a session of the Region or State Hluttaw, the Region or State Hluttaw can declare the seat of that member vacant in accordance with prescribed provisions. 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”, and para (10) says “Although there are vacant seats, the Region or State Hluttaw shall have the right to carry out its tasks. Moreover, the decision shall not be annulled, if the acts of a person who was not entitled to attend the Hlutaw meeting sat or voted or took part in the proceedings are discovered later”. We would like to suggest that the phrase “a person who is not entitled” be replaced with the phrase “a person or persons who are not entitled”.
Esteemed delegates,
The delegate group of State service personnel suggested that the 23 points discussed by the Work Committee Chairman regarding legislative functions of the Region or State Hluttaw to be included in the chapter “Legislation” in writing State constitution should be adopted as detailed basic principles.
Esteemed delegates,
Now, I have presented a collection of the assessments of the panel of alternate chairmen of the National Convention on the proposal papers of the delegate groups of the National Convention, political parties from the delegate group of political parties, and delegates of some delegate groups regarding the points the Work Committee Chairman explained as to whether the detailed basic principles should be adopted for legislative functions of the Pyidaungsu Hluttaw, the Pyithu Hluttaw, the Amyotha Hluttaw and the Region or State Hluttaw to be included in the chapter “Legislation” in drawing State constitution.
Overall, the majority of the delegates are in support of the points the Work Committee has explained and suggested they should be adopted as detailed basic principles.
And some delegates not only held discussions in favour of the points but also made separate suggestions.
Source: http://myanmargeneva.org/n-convention/NC_14%20Oct%2006%20Continues.htm