Inclusion of the legislation of the Region and State Hluttaws and that of the self-administered division,
and self-administered zones significant

YANGON, 4 Jan— The following is a translation of the discussions submitted to the plenary session of the National Convention by the Union Kayin League 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 Mahn Tin Maung (a) U Mahn Myo Nyunt of Union Kayin League of the delegate group of the political parties on 2 January at Nyaunghnapin Camp in Hmawby Township, Yangon Division.

The National Convention Convening Work Committee Chairman explained in detail the basic principles to be laid down for the legislation of the Pyidaungsu Hluttaw, Pyithu Hluttaw, Amyotha Hluttaw and Region and State Hluttaws at the plenary session held from 13 to 15 December 2005. He also explained the related sectors, the basic principles the National Convention has already laid down, the related sections of the 1947 Constitution, the related articles of the 1974 Constitution and the constitutions of the world nations. The Work Committee laid down 28 detailed basic principles for the Pyidaungsu Hluttaw, 19 detailed basic principles for the Pyithu Hluttaw and Amyotha Hluttaw, and 23 detailed basic principles for the Region or State Hluttaw.

The Work Committee Chairman explained the basic principle “The legislative powers of the State are distributed among Pyidaungsu Hluttaw, region hluttaws and state hluttaws. The legislative power prescribed by the Constitution is distributed to self-administered areas”.

The Work Committee Chairman also suggested that a detailed basic principle “(a) region or state chief minister shall sign and promulgate — the bills approved by region or state leading bodies, as a law within seven days from the date of reception” “(b) the bills approved by self-administered area leading bodies shall be promulgated as a law within 14 days from the date of receipt’ should be laid down.”

He also suggested that the detailed basic principle “(b) even though chief minister fails to approve the bills in a fixed period, the bills shall be a law on the date after the expiry of the period as if chief minister ratified them”.

“(c) The laws approved by region or state chief minister and the laws that are to be assumed as if approved by region or state chief minister shall be promulgated in the State Gazette”.

The Work Committee Chairman explained “In the process, it is needed to fix an appropriate occasion to declare bills as laws under the signature of the chief minister. In connection with the bills approved at region or state Hluttaws, members of the leading body including the chief minister have been invested with the power to clarify and discuss the bills submitted by region or state government. The chief minister also has had the power to discuss the bills submitted by region or state Hluttaw members.

“So, it is not necessary to distribute the power to the chief minister to send his comments on the bills to the Hluttaws when the bills approved by region or state Hluttaws are submitted to the chief minister. It would be proper if region or state Hluttaw submits the approved bills to the chief minister for his approval, the bills shall be declared as laws under the signature of the prime minister within seven days from the date of receipt.

“Self-administered areas shall enact laws on the matters entrusted by the Constitution to self-administered areas. In the process, head of region or state leading bodies who will serve as ministers in the region or state governments shall resolve the bills in advance in coordination with the region or state chief minister. After approval of the leading body, if the chief minister assumes it is still needed to make an amendment to the bills, he will have the power to further coordinate with the chairman of the leading body, also head of the self-administered area concerned. So, it would be convenient if a couple of weeks is fixed as a sufficient period during which the bills, approved and sent by self-administered areas to the chief minister, shall be enacted as laws under the signature of the chief minister.

“As I presented in the matters on Union bills, even though chief minister fails to approve the bills in a fixed period, the bills shall be a law on the date after the expiry of the period as if the chief minister approved the bills.

“A detailed basic principle shall be laid down that such laws shall be promulgated in the State Gazette.

“In my clarification to legislative functions, I explained that after being enacted by a legislative body, an act shall be promulgated for public knowledge; that in doing so, it is stated in the daily newspapers as well as State Gazette. So, such a law shall come into force from the date of promulgation.

“After a bill approved by region or state Hluttaw is enacted, it shall come into force in the region or state concerned. As it is promulgated as a detailed basic principle in the legislative functions of the Union Hluttaw, it should be stated in the legislative functions of the region or state Hluttaw a law shall come into force from the date of declaration.”

The significance of the new constitution will be the inclusion of the legislation of the Region and State Hluttaws and that of the self-administered division, and self-administered zones not any one of the past constitutions had stipulated.

The party has no further suggestions on the legislative sector. I would like to suggest that the 28 points of the legislation of the Pyidaungsu Hluttaw, the 19 points on the legislation of the Pyithu Hluttaw and the Amyotha Hluttaw and the 23 points of the Region or State Hluttaw should be laid down as detailed basic principle.