It is appropriate to convene the Pyidaungsu Hluttaw session at least once a year

YANGON, 2 Jan — The following is the suggestions of National Unity Party read out by U Tun Yi of the party on detailed basic principles for legislation of Pyidaungsu Hluttaw, Pyithu Hluttaw, Amyotha Hluttaw, and Region or State Hluttaws to be included in the State Constitution at the plenary session of the National Convention held today in Nyaunghnapin Camp, Hmawby Township, Yangon Division.

A detailed basic principle says: “The first session of the Pyidaungsu Hluttaw shall 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.” As the administrative, judicial and financial sectors come into force with the approval of the Pyidaungsu Hluttaw, the first session of the Pyidaungsu Hluttaw should be held as soon as possible. Thus, the NUP finds the basic principle appropriate. Concerning the Pyidaungsu Hluttaw regular sessions, a detailed basic principle says, “The Speaker of the Pyidaungsu Hluttaw shall call the Pyidaungsu Hluttaw session at least once a year. The maximum time limit between one meeting and another should not exceed 12 months”. As the Pyidaungsu Hluttaw Speaker shall call a special session, emergency session when the President informs the Pyidaungsu Hluttaw Speaker or when at least one fourth of the total number of members of the Pyidaungsu Hluttaw ask to convene the Pyidaungsu Hluttaw, it is appropriate to convene the Pyidaungsu Hluttaw session at least once a year. The NUP has no further suggestions concerning the nine tasks of the Pyidaungsu Hluttaw as they are in conformity with the nation’s objective conditions. The NUP finds the basic principle “The Speaker of the Pyidaungsu Hluttaw shall call a special session or an emergency session of the Pyidaungsu Hluttaw as necessary” appropriate as it supports the work facilitation of the Pyidaungsu Hluttaw. The party found the detailed basic principles “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” and “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” serve the interest of the majority.

The following detailed basic principles:

(a) “The first day session of the Pyidaungsu Hluttaw shall be valid if more than half the number 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 according to 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.” represent the democratic practice and help avoid work delays. The NUP supports the two detailed basic principles.

The NUP finds the detailed basic principle “(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” and “(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” appropriate for the constitution.

Concerning the detailed basic principle “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, 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 on account shall be taken of any period during which the Chamber is prorogued, or is adjourned.” sometimes a member will find it difficult to inform the Speaker about his absence if natural hazards like landslides or floods occur. Thus, the Convention should consider extending the permitted period to 30 days.

As the detailed basic principle “Although there are vacant seats, the Pyidaungsu 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 vote or took part in the proceedings are discovered later” is for the Hluttaw to continuously carry out its functions for the interest of the nation and people.

“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.” The NUP views the detailed basic principle appropriate.

The NUP also seconds the detailed basic principle “(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 initially presented at the Pyithu 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.” “(a) When the Pyidaungsu Hluttaw enacts a law, it shall —

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

(ii) 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 annul 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.”

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 innocently or not and whether the mistake does have adverse effects on the nation and the people should be considered.

The NUP has no further suggestions concerning the detailed basic principle “The Pyidaungsu Hluttaw shall —

“(a) 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) 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.”

In the NUP’s view, the detailed basic principle “(a) Of the matters included in the Union legislative list, the Union level organizations formed under the Constitution, shall have the right to submit bills on matters under their management, to the Pyidaungsu Hluttaw in accord with the rules. (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 accord with the prescribed provisions for decision.” appropriate.

The NUP finds the detailed basic principle “Except the bills that are prescribed by the Constitution to be discussed and decided exclusively at the Pyidaungsu Hluttaw, the bills submitted by the Union level organizations formed under the Constitution, to the Pyidaungsu Hluttaw shall be discussed initially at the Pyithu Hluttaw or the Amyotha Hluttaw according to the prescribed provisions.” appropriate as it defines the functions and rights sector-wise.

The detailed basic principle “If the need arises to scrutinize the bills, that are to be discussed and approved exclusively at the Pyidaungsu Hluttaw, they are to be scrutinized jointly by the Pyidaungsu 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.” is to scrutinize the bills before presenting them to the Pyidaungsu Hluttaw. It is an appropriate principle.

The detailed basic principle “If there arises disagreement between the Pyithu Hluttaw and the Amyotha Hluttaw concerning a bill, the bill should be discussed and approved at the Pyidaungsu Hluttaw.” for solving disagreements. Thus, it is a suitable principle.

The party has no further suggestions on the detailed basic principle “(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 become an Act in like manner as if he had signed it on the last of the said 14 days.” The NUP has no further suggestions on the detailed basic principle 21.

The detailed basic principle “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.” is found to be appropriate.

In NUP’s view, the detailed basic principle “Members of the organizations representing the Union level organizations formed under the Constitution while attending the Pyidaungsu Hluttaw with the permission of the Speaker shall explain the bills and other matters in connection with their respective organizations.” helps facilitate the work of the Pyidaungsu Hluttaw and the organizations concerned. Thus, it is an appropriate principle.

The Pyidaungsu Hluttaw Speaker has four main functions which reflects his important role in successful convening of the Hluttaw sessions. Thus, the detailed basic principle concerning the Speaker’s functions are appropriate. The fact that Union level organizations can make submissions concerning their work only with the approval is also appropriate. The detailed basic principle “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.” is aimed at facilitating the functions of the Union level organizations. Thus, it is an appropriate principle.

The NUP supports the detailed basic principle “(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 any one 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 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 law.” But 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 law.”

As the detailed basic principle “If there arises a need to arrest a Pyidaungsu 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 prior permission of the Pyidaungsu Hluttaw Speaker.” gives protection to the members and invited delegates of the Pyidaungsu Hluttaw, it is an appropriate one.

The detailed basic principle “The reports, papers and hluttaw records published by the Pyidaungsu Hluttaw or under its authority shall be privileged.” guarantees freedom of publication and gives much assistance to the Pyidaungsu Hluttaw members. Thus it is an appropriate principle.

Concerning the Pyithu Hluttaw and Amyotha Hluttaw, the Work Committee has presented 92 points— 19 detailed basic principles including sub paras. As the Pyidaungsu Hluttaw is formed with the Pyithu Hluttaw and Amyotha Hluttaw, the functions of all the three hluttaws have connections. My suggestions on laying down of the detailed basic principles for the Pyithu Hluttaw and Amyotha Hluttaw will have connections with my submission concerning the Pyidaungsu Hluttaw.

As there may be difficulties for the Pyithu Hluttaw members to inform the Speaker about their absence within 15 consecutive days, the period should be extended to 30 days. Systematic investigation should be made to know whether the cause of his absence is due to himself or due to unexpected natural disasters.

The detailed basic principles for legislation of Pyidaungsu Hluttaw, Pyithu Hluttaw, Amyotha Hluttaw and Region and State Hluttaws, presented by Chairman of the National Convention Convening Work Committee are found to be in accord with the nation’s objective conditions. The Work Committee presented them after thoroughly studying the constitutions of the world nations, the 1947 Constitution and the 1974 Constitution. The detailed basic principles are also within the framework of the six objectives of the National Convention and 104 basic principles laid down by the Convention.

Thus detailed basic principles concerning the legislation of the hluttaws at all levels presented by the Work Committee Chairman are appropriate for the constitution. The NUP would like to make a request to consider its suggestions as necessary for the interests of the nation and people.

A detailed principle states “The first session that gives birth to the tenure of the Pyithu Hluttaw shall be convened not later than 90 days after the commencing date of general elections”. Besides, the Pyidaungsu Hluttaw shall be convened 15 days from the date the Pyithu Hluttaw comes into force. An appropriate length of time is required for convening the first session of the Pyithu Hluttaw. Hence, the detailed basic principle is suitable for the Constitution.

Moreover, a detailed basic principle said, “The first session of the Amyotha Hluttaw shall be launched not later than seven days after the start of the tenure of that Hluttaw” is also appropriate. The detailed basic principles from paras 2 and 3 are comprehensive. The party has no further discussions concerning them. Pyithu Hluttaw and Amyotha Hluttaw members may face difficulties in informing about their absence to the Speaker within 15 days due to various reasons. Thus the period should be extended to 30 days. Systematic investigation should be made to ascertain whether the absence without leave is due to the member himself or due to natural disasters or unexpected reasons. Detailed basic principles concerning vacant seats, releasing of records, submission of bills of the Pyithu Hluttaw and Amyotha Hluttaw, distribution of bylaws and rules and regulations issued by the Pyidaungsu Hluttaw, presentation of matters that caused disagreement between the Pyidaungsu Hluttaw and the Amyotha Hluttaw are comprehensive, and the party has no further discussion on them.

Concerning the physical assaults of the members, consideration should be made according to the party’s submission concerning the Pyidaungsu Hluttaw. The detailed basic principles (a) No person shall be liable to in respect of reports, publications and records published and distributed by or under the authority of the Pyithu Hluttaw: and (b) No person shall be liable to in respect of report, publications and records published and distributed by or under the authority of the Amyotha Hluttaw” are appropriate.

The detailed basic principles for convening of the first session of the Region or State Hluttaw, taking of the oath of the Hluttaw members, the minimum number of hluttaw session per year, convening of special and emergency sessions, functions of the Region and State Hluttaws, validity of the meeting and voting are comprehensive and in conformity with the related points of the Pyidaungsu Hluttaw, Pyithus Hluttaw, Amyotha Hluttaw and Region and State Hluttaws. Thus, the NUP has no further suggestions on them. The NUP finds the basic principle “The Region or State Hluttaw may declare the seat of the Region or State Hluttaw member vacant in accord with the rules prescribed if he is absent, without asking the Region or State Hluttaws for leave, from a session of the Region or State Hluttaw for at least 15 consecutive days. In computing the absent 15 days from a session of the Region or State Hluttaw, the postponed period of the session shall not be included” appropriate as the members who are residing within the territory of the Region or State concerned are not likely to face transport difficulties if compared with the members of the Pyidaungsu Hluttaw, Pyithu Hluttaw and Amyotha Hluttaw. The seat should be declared vacant only after investigating the cause of his absence.

The detailed basic principles “ A Region or State Hluttaw shall have the power to act despite some vacancies in the membership. Any functions in the Hluttaw shall be valid notwithstanding that it is exposed subsequently that an unentitled person attended a session, voted, or took part in the functions.”, “The activities and records of the Region and State Hluttaw shall be released for the knowledge of the people. However, the activities and records that shall be restricted under an act or the order of the Region and State Hluttaws shall not be released” and “Region or State Hluttaws have the right to make laws that cover entire or part of the region or state in the matters stated in the Region or State Legislative List” are appropriate.

The detailed basic principles concerning to invest a Region or State level body formed under the Constitution with the power to release bylaws, rules and regulations derived from that law, and the abolishment or amendment of the by-law, rule or regulation not in conformity with the provisions of the law concerned are suitable for the Constitution. Concerning the detailed basic principle “If Region or State Hluttaw decides to nullify or amend a bylaw, rule or regulation, it shall not harm the matters carried out before abrogation of the by-law, rule or regulation” the root cause of the mistake and its losses should be studied.

Matters that require the approval of the Region or State Hluttaw, points concerning the submission of bills are appropriate.

But, I would like to discuss the detailed basic principle “Region and State Hluttaws shall make a decision if Region and State governments submit budget of Region or State in accord with the procedures prescribed”. We would like to add the word “discussion” as the matter of presenting annual budgets, and bill is important. Thus detailed basic principle should be read “Region and State Hluttaws shall make a discussion and decision if Region and State governments submit budget of Region or State in accord with the procedures prescribed.”

In our view, the Chief Minister should have the power to give comments on the bills sent by the Region or State Hluttaw concerned. The rights of members of Region and State Hluttaws to discuss and vote and explain the matters concerning bills are appropriate. The powers and function of the Speakers of the Region and State Hluttaws are in conformity with those of the Hluttaws at central level.

In addition, they help implement the tasks of Region or State Hluttaws. Concerning the physical assaults, the party would like to state the detailed basic principle concerned as follows:

“(c) action shall be taken against members and persons stated in the paragraph (a) and (b) in accord with the rules and regulation of the Region or State Hluttaw and laws if they commit physical assaults.”

As the points contained in the detailed basic principle No 22 and its sub-paras are in conformity with the detailed basic principles of the Hluttaws at central level, we have no further discussion concerning them. Moreover, the NUP finds the detailed basic principle No 23 appropriate.

The detailed basic principles for the legislation of Pyidaungsu Hluttaw, Pyithu Hluttaw, Amyotha Hluttaw and Region and State Hluttaws, presented by Chairman of the National Convention Convening Work Committee are found to be in accord with the nation’s objective conditions.

The Work Committee presented them after tho-roughly studying the constitutions of the world nations, the 1947 Constitution and the 1974 Constitution. The detailed basic principles are also within the framework of the six objectives of the National Convention and 104 basic principles laid down by the Convention.

Thus, the detailed basic principles concerning the legislation of the Hluttaws at all levels presented by the Work Committee Chairman are appropriate for the Constitution. The NUP would like to make a request to consider its suggestion as necessary for the interests of the nation and people.