The Wa National
Development Party agrees that the points contained in the paras 1 from 23 should
be
laid down as detailed basic principles
YANGON, 4 Jan— The following is a translation of the chaper
submitted to the plenary session of the National Convention by the Wa National
Development Party regarding the detailed basic principles for legislative
functions of the Pyidaungsu Hluttaw, the Pyithu Hluttaw, the Amyotha Hluttaw,
and Region or State Hluttaw in formulating the State Constitution read out by U
Nyi Palop of Wa National Development Party of the delegate group of the
political parties on 2 January at Nyaunghnapin Camp in Hmawby Township, Yangon
Division.
The Chairman of the National Convention Convening Work
Committee in his clarification on a wide range of sectors concerning the
constitution, gave suggestions concerning the convening of the regular session
of the Hluttaw at least once a year under permission of the Pyidaungsu Hluttaw
Speaker, the address of the President at the Pyidaungsu Hluttaw, the messages
sent by the President, the messages permitted by the Speaker to be recorded,
reports that it will be required to present, discuss and approve the reports
presented to the Pyidaungsu Hluttaw under law or assigned by the Hluttaw, bills
and proposals that will be submitted to the Hluttaw, discussions and approvals,
question and answer sessions, and the task approved by the Hluttaw.
In our view, the detailed basic principles “The Speaker of
the Pyidaungsu Hluttaw shall call a special session or an emergency session of
the Pyidaungsu Hluttaw as necessary” “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” are appropriate.
The Work Committee Chairman also explained “The first day
session of the Pyidaungsu Hluttaw should 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, should be adjourned. A matter that should be
decided through voting, should 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, should not vote in the first instance, but should have
and exercise a casting vote in the case of an equality of votes.”
The MPs have the duty to attend the Hluttaw meetings. In his
clarifications, the Work Committee Chairman said, “If a member of Pyidaungsu
Hluttaw is without permission of the Speaker absent from all meetings of the
Pyidaungsu Hluttaw for many consecutive days, action will be taken against him
according to the prescribed rules.” He also said, “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.”.
The WNDP finds the detailed basic principle “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.” suitable for the Constitution.
In his clarifications, the Work Committee Chairman said “In
my view, a detailed basic principle “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” should be laid down. The Pyithu Hluttaw
and the Amyotha Hluttaw of the Pyidaungsu Hluttaw are two chambers with equal
rights. They have the equal rights to approve a bill to be enacted as a law. If
a bill concerning matters within the legislative power of the Pyidaungsu Hluttaw
are approved by the Pyithu Hluttaw and the Amyotha Hluttaw, it should be
regarded that the Pyidaungsu Hluttaw has approved the bill.” He also clarified,
“The power to issue rules, regulation, notifications, directives and procedures
concerning the law should be vested in the Union level organizations formed
under the new constitution. If both the Pyithu Hluttaw and the Amyotha Hluttaw
decide to annul or amend any one of the rules, regulations or bylaws, it shall
be presumed that the rules, regulations or bylaws are annulled or amended by the
Pyidaungsu Hluttaw. 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.” The clarifications should be laid down as
detailed basic principles.
The Chairman also explained “The Pyidaungsu Hluttaw should
give the decision on matters in connection with ratifying, cancelling and
withdrawing from international agreements, regional treaties and bilateral
agreements submitted by the President and 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. The already-laid -down
detailed basic principles include matters concerning the re-delineation of the
territorial boundary of the Union or the territorial boundary of a region or a
state,
The President with the approval of the Pyidaungsu Hluttaw
shall fix the ordinance’s expiary date if the Pyidaungsu Hluttaw approves the
ordinance. The ordinance shall cease to have effect from the date on which it is
disapproved by the Pyidaungsu Hluttaw. The said point should be laid down as a
detailed basic principle.
In our view the points “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.”, “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.”, “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.”,
“If a 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
bill committee of the Pyithu Hluttaw and the bill committee of the Amyotha
Hluttaw, 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.” and “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.” are appropriate for the Constitution.
I will now explain the matter concerning the presentation of
a bill to the President for signature to be able to promulgate it as a law.
Bills issued by the Pyidaungsu Hluttaw, and the bills that are approved in like
manner as if the Pyidaungsu Hluttaw had approved them after being approved by
the Pyithu Hluttaw and the Amyotha Hluttaw should be signed by the President to
enacted them into laws. In my view, the President needs an appropriate length of
time to make a decision concerning the matter. In our view the matter concerning
the bills issued by the Pyidaungsu Hluttaw, and the bills that are approved in
like manner as if the Pyidaungsu Hluttaw had approved them after being approved
by the Pyithu Hluttaw and the Amyotha Hluttaw should be signed by the President
to be enacted them into laws should be laid down as detailed basic principle.
A bill sent back to the Pyidaungsu Hluttaw can be the bill
approved by the Pyidaungsu Hluttaw or the bill approved by Pyithu Hluttaw or the
bill approved by Amyotha Hluttaw or the bill that are approved in like manner as
if the Pyidaungsu Hluttaw had approved it. The party finds the para 21 and its
sub para appropriate for the Constitution. In our view, the detailed basic
principle “The functions and the records of Pyidaungsu Hluttaw shall be
published for public information. But the functions and records restricted by a
law or the decisions of the Pyidaungsu Hluttaw shall not be published” is
suitable for the Constitution.
The party suggests to lay down detailed basic principles
concerning the right of the Union level organizations to submit bills. Moreover,
the party supports the clarification in connection with the powers and functions
of the Pyidaungsu Hluttaw Speaker, It also approves the para 26 and its sub
paras.
The point “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.” explained by the Work Committee Chairman should be laid down as
detailed basic principle.
Finally, we express our view that the 28 points clarified by
the Work Committee Chairman should be laid down as detailed basic principles.
Now I will discuss the detailed basic principles on the
legislative sector of the Pyithu Hluttaw and Amyotha Hluttaw. Concerning the
terms of the two hluttaws and the dates to convene their first sessions, we
support the detailed basic principles stated in the para 1 and sub paras (a) and
(b). The party also sees the following detailed basic principles “(a) (1) The
State Peace and Development Council shall call the first regular session of the
Pyithu Hluttaw after the constitution has come into effect
“(2) The Speaker of the Pyithu Hluttaw shall call first
regular sessions for the next term of the Pyithu Hluttaw in line with the
provision of this constitution
“(b) (1) The State Peace and Development Council shall call
the first regular session of the Amyotha Hluttaw after the constitution has come
into effect
“(2) The Speaker of the Amyotha Hluttaw in service shall call
first regular sessions for the next terms of the Amyotha Hluttaw in line with
the provision of this constitution” appropriate.
Concerning the taking of oath by the hluttaw members, we
agree that the para 3 and its sub paras (a) and (b) should be laid down as
detailed basic principles. As the Pyithu Hluttaw and the Amyotha Hluttaw are the
two main legislative bodies, we see that the para 4 and it sub paras (a) and (b)
are appropriate for the Constitution.
The following matters are carried out at the sessions of the
Pyithu Hluttaw.
Reading and recording the messages sent by the President and
the messages permitted by the Speaker, submitting bills, holding discussion and
question and answer session. In our view the para 5 and its sub paras (a) and
(b) should be laid down as basic principles. Likewise we would like to
suggestion that the para 6 and its sub paras (a) and (b) concerning the validity
of meetings should be laid down as detailed basic principles. In connection with
the voting for decisions and the right to vote of the Speaker, the para 7 and
its sub paras (a) and (b) are appropriate for the Constitution. The party
supports the detailed basic principles “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. In computing the absent for at least 15 days from a session of the
Pyithu Hluttaw, the postponed period of the session shall not be included.
“(2) The Pyithu Hluttaw shall take action against a member in
accord with the rules prescribed if the Speaker of the Union Hluttaw informed
the Pyithu Hluttaw that member, without asking permission from the Union Hluttaw,
has failed to attend a session of the Union Hluttaw for 15 days in a row
“(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. In computing
the absent 15 days from a session of the Amyotha Hluttaw, the postponed period
of the session shall not be included.”
“(2) The Amyotha Hluttaw shall take action against a member
in accord with the rules prescribed if the Speaker of the Union Hluttaw informed
the Amyotha Hluttaw that member, without asking permission from the Union
Hluttaw, has failed to attend a session of the Union Hluttaw for 15 days in a
row.”
Concerning the vacant seat, the party sees the para 9 and its
sub paras (a) and (b) appropriate for the Constitution as detailed basic
principles. The party supports the detailed basic principle “The activities and
records of the Pyithu 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 Pyithu Hluttaw shall not be released. The activities and records of
the Amyotha 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 Pyithu Hluttaw shall not be released.”
We also supports para 11 and sub paras (a) and (b) concerning
the submission of bills, para 12 and sub paras (a) and (b) in connection with
functions of the two hluttaws, para 13 and sub paras (a) and (b) regarding the
presentation of bills, para 14 and sub paras (a) and (b) regarding the powers of
the two hluttaws to deal with the bills, para 15 and sub paras (a) and (b) for
presenting of bills by organizations concerned, para 16 and sub paras (a) and
(b) concerning the rights of the representatives of organizations concerned and
invited persons, para 17 and sub paras (a) and (b) in connection with the rights
of members of the commission formed by the hluttaw.
Moreover, we would like to suggest that the detailed basic
principles “18. (a) (1) If it is needed to arrest a member of the Pyithu Hluttaw
who is attending a session of the Pyithu Hluttaw or a person who is attending
that session under the permission or invitation of the Speaker, reliable
evidences shall be submitted to the Speaker of the Pyithu Hluttaw. No such
arrest shall made without prior approval of the Speaker of the Pyithu Hluttaw
“(2) If it is needed to arrest a member of a committee,
commission, or body of the Pyithu Hluttaw who is attending a session of the
commission or body formed by the Pyithu Hluttaw, reliable evidence shall be
submitted to the Speaker of the Pyithu Hluttaw through the head of the
committee, commission, or body. Such arrest shall not made with prior approval
of the Speaker of the Pyithu Hluttaw
“(3) If a member of the Pyithu Hluttaw is arrested when the
Pyithu Hluttaw or the committee of the Pyithu Hluttaw or the commission and body
formed by the Pyithu Hluttaw are not in session, reliable evidences in support
of such arrest shall be submitted to the Speaker of the Pyithu Hluttaw
“(b) (1) If it is needed to arrest a member of the Amyotha
Hluttaw who is attending a session of the Amyotha Hluttaw or a person who is
attending that session under the permission or invitation of the Speaker,
reliable evidences shall be submitted to the Speaker of the Amyotha Hluttaw. No
such arrest shall be made without prior approval of the Speaker of the Amyotha
Hluttaw
“(2) If it is needed to arrest a member of a committee,
commission, or body of the Amyotha Hluttaw who is attending a session of the
commission or body formed by the Amyotha Hluttaw, reliable evidence shall be
submitted to the Speaker of the Amyotha Hluttaw through the head of the
committee, commission, or body. Such arrest shall not made with prior approval
of the Speaker of the Amyotha Hluttaw
“(3) If a member of the Amyotha Hluttaw is arrested when the
Amyotha Hluttaw or the committee of the Amyotha Hluttaw or the commission and
body formed by the Amyotha Hluttaw are not in session, reliable evidences in
support of such arrest shall be submitted to the Speaker of the Amyotha Hluttaw
“19 (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
“(b) No person shall be liable to in respect of reports,
publications and records published and distributed by or under the authority of
the Amyotha Hluttaw.”
All in all, the party suggests to lay down the points
contained in the paras 1 from 19 as basic principles.
I will now deal with the legislation of the Region and State
Hluttaws.
We agrees that as clarified by the Work Committee Chairman,
the detailed basic principles “(a) The day the tenure of region or state
Hluttaws comes into force is that of the Pyithu Hluttaw and (b) The first
regular meeting of Region and State Hluttaws shall begin in 15 days after the
commencement of the tenure of the Hluttaws”, The State Peace and Development
Council shall call the first regular meeting of region or state Hluttaws after
the State Constitution has gone into force (b) The present Speaker of region or
state Hluttaws shall call the first regular session for the next tenures of
region or state Hluttaw in accordance with the provisions of the State
Constitution”, (a) Representatives of region or state Hluttaws shall take oaths
in front of the chairman of region or state Hluttaws at the first regular
meeting of region or state Hluttaws (b) Representatives of region or state
Hluttaws who failed to attend the first regular meeting for various reasons
shall take oaths at the meeting they attend for the first time before the
meeting chairman” and “The interval between two regular sessions shall not
exceed 12 months” should be laid down.
We also agree that the para 5 and sub paras from (a) to (J)
concerning the tasks of the Region and State Hluttaws, and para 6 and sub paras
from (a) to (c).
In our view the detailed basic principles “(a) The first day
meeting of the region and state Hluttaws shall be considered to be valid if more
than half the number of members who have the right to attend the sessions of the
region or state Hluttaws , are present. If the meeting is not valid it shall be
postponed (b) The postponed meetings and the valid meetings, that are extended,
shall be considered to be valid if at least one-third of the members, who have
the right to attend a meeting of region or state Hluttaws, are present”, “(a)
Save as otherwise provided by this Constitution, a matter that should be decided
through voting in the region and state Hluttaws 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
or the Deputy Speaker shall not vote in the first instance in the sessions of
the region and state Hluttaws, but shall have and exercise a casting vote in the
matters of an equality of votes”, “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 Hluttaw for
leave, from a session of the region or state Hluttaw for at least 15 days
successively. 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”, “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 Hluttaws 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 and 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” should be laid down.
The party supports the para 13 and sub parts from (a) to (e)
annulment or amendment of bylaws, rules and regulations issued by Region or
State Hluttaw, para 14 and sub paras from (i) to (iii) concerning with the
matters that need the approval of Region or State Hluttaw.
In the party’s view, the detailed basic principles “(a)
Region and state level bodies formed under the Constitution shall, of the
matters stated in the Region and State Legislative List, have the right to
submit bills on matters solely administered by region or state government, to
region or state Hluttaw in accord with the procedures prescribed (b) Regional
plans, annual budget and taxation matters that region and state government shall
have the right to solely submit, shall be presented to region or state Hluttaw
in accord with the procedures prescribed”, and “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 Region or state Hluttaws shall make a
decision if region or state governments submit budget of region or state in
accord with the procedures prescribed” should be laid down.
In addition, para 18 and sub paras from (a) to (c) in
connection with proclamation, para 19 and sub paras from (a) to (c) regarding
rights of the non-MPs to attend the hluttaw, para 20 and sub paras from (a) to
(c) concerning the rights of representatives of respective organizations and
invited persons, para 21 and sub paras from (a) to (c) the rights of the
representatives of respective organizations and invited persons to freely give
addresses at the Region and State Hluttaws and the commission and other
organizations formed by the hluttaws, and para 22 and sub paras from (a) to (c)
concerning the arrest of a Region or State Hluttaw member.
Moreover, the detailed basic principle “The reports, papers
and hluttaw records published by the Region and State Hluttaws or under its
authority shall be privileged.” should be laid down.
The Wa National Development Party agrees that the points
contained in the paras 1 from 23 should be laid down as detailed basic
principles.