The Speaker of the
Region or State Hluttaw shall convene the regular session of the Region or State
Hluttaw at least once a year
YANGON, 6 Jan— The following is a translation of the
proposals submitted to the plenary session of the National Convention by U Tin
Win of Kyaiklat Township constitu-ency-2 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 collectively presented by the six Independent 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— on 3
January at Nyaunghnapin Camp in Hmawby Township, Yangon Division.
Regarding the convening of the first regular session of the
Region or State Hluttaw concerned, the points-
(a) The day the term of Region or State Hluttaw comes into
force is the same as that of the Pyithu Hluttaw
(b) The first regular session of Region or State Hluttaw
shall be convened within 15 days after the commencement of the term of the
Hluttaw are proper, so they should be adopted as detailed basic principles.
And, regarding the convening of the first regular session of
the Region Hluttaws or State Hluttaws, the points-
(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 Hluttaw who continues to
perform his duties in accordance with the provisions of the Constitution shall
convene the first regular session for the next terms of Region or State Hluttaw
are proper, so they should be adopted as detailed basic principles.
Regarding Region or Hluttaw members’ taking oaths, the
points-
(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 are proper, so they should be adopted
as detailed basic principles.
Regarding the fixing of the number of regular sessions of the
Region or State Hluttaw to be convened at least in a year, the point-
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.
is proper, so it should be adopted as a detailed basic
principle.
Regarding matters to be carried out at sessions of the Region
or State Hluttaw, the points-
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
(j) Implementing matters permitted by Speaker of Region or
State Hluttaw are proper, so they should be adopted as detailed basic
principles.
Regarding the convening of a special or emergency session of
the Region or State Hluttaw, the points-
(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 are proper,
so they should be adopted as detailed basic principles.
Regarding the fixing of a sufficient number of Hluttaw
members necessary to form quorum for validity of Region or State Hluttaw
sessions, the points-
(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 are proper, so they
should be adopted as detailed basic principles.
Regarding the deciding of the matters save as otherwise
provided by the Constitution through voting in the Region or State Hluttaw by a
majority of votes of the members present and the right of the Hluttaw Speaker to
vote, the points-
(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 are proper, so they should
be adopted as detailed basic principles.
Regarding the taking of action against Hluttaw members who
are absent from Region or State Hluttaw without leave, the point-
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.
is proper, so it should be adopted as a detailed basic
principle.
Regarding the ensuring of not abrogation of the decisions of
the Hluttaw, although even if there are some vacant seats, the Region or State
Hluttaw shall have the right to carry out its tasks, and the session shall not
be annulled, if the acts of some person who was not entitled to do so took part
in the proceedings.
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.
is proper, so it should be adopted as a detailed basic
principle.
Regarding the right to the people to be informed about the
activities and record of the Region or State Hluttaw, the point-
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
is proper, so it should be adopted as a detailed basic
principle.
Regarding the power of the Region or State Hluttaws to make
laws, the point-
Region or State Hluttaw has the power to enact laws for the
whole or any part of the Region or State concerning matters stated in the Region
or State Legislative List
is proper, so it should be adopted as a detailed basic
principle.
Regarding the vesting of powers to issue bylaws, rules,
regulations, notifications, directives and procedures, and to revoke or amend a
bylaw, rule or regulation is not in conformity with the Constitution or the law
concerned, to be stated in a law prescribed in the Region or State Hluttaw, the
points-
(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.
are proper, so they should be adopted as detailed basic
principles.
Regarding the seeking of a decisions or assent or approval of
the Region or State Hluttaw, the points-
(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.
are proper, so they should be adopted as detailed basic
principles.
Regarding the submission of a bill to the Region or State
Hluttaw, the points-
(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
are proper, so they should be adopted as detailed basic
principles.
Regarding the right of members of the Region or State Hluttaw
to submit a bill, the points-
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.
is proper, so that should be adopted as a detailed basic
principle.
Regarding the submission of Region or State budget to Region
or State Hluttaw, and the decision made by the Hluttaw, 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.
is proper, so that should be adopted as a detailed basic
principle.
Regarding the Region or State Chief Minister’s signing and
promulgating of the bills approved by the Region or State Hluttaw and the
leading bodies of Self-administered Division of Self-administered areas, and the
date on which a law comes into force, the points—
(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 promulgate 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.
are proper, so they should be adopted as detailed basic
principles.
Regarding the right of members representing Region or State
level body formed under the Constitution to hold discussions at sessions of the
Region or State Hluttaw, the points—
(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
are proper, so they should be adopted as detailed basic
principles.
Regarding the duties and rights of the Region or State
Speaker, the points—
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
are proper, so they should be adopted as detailed basic
principles.
Regarding the right of the members of the Region or State
Hluttaw to have freedom of speech and vote at the Hluttaw concerned, subject to
the provisions stated in the Constitution and provisions stipulated in the
Region or State Hluttaw Law, the right of members or persons who are permitted
or invited to attend Region or State Hluttaw session to have freedom of speech
at the Region or State Hluttaw or Region or State Hluttaw committee and
organizations, the points —
(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
are proper, so they should be adopted as detailed basic principles.
Regarding the ways, if need arises, to arrest members of the
Region or State Hluttaw or committees or bodies thereof, the points—
(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.
are proper, so they should be adopted as detailed basic
principles.
Regarding the reports, documents and records published by the
Region or State Hluttaw or under its authority, the point—
The reports, documents and records published by the Region or
State Hluttaw or under its authority shall be privileged. The reports, documents
and records published by the Region or State Hluttaw or under its authority
shall be privileged.
is proper, so it should be adopted as a detailed basic
principle.
I would like to present some points as separate suggestions.
One of the detailed basic principle says “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”.
Personally, I think that detailed basic principle is aimed at
ensuring that the activities of a person who is not entitled should not have
adverse effects to Hluttaw functions, approvals, and decisions.
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 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. So, I would like to make a suggestion that
checking the attendees to ensure all are entitled be carried out systematically
in order to avert adverse effects.
Legislative, executive and judicial powers are the State’s
powers essential for everybody and nation. Such important powers are to be
exercised by an individual or an organization, or a political party. If
organizations wishing to exercise these powers are too many but there is no
prescription to systematically exercise such powers, there may arise undesirable
results such as conflicts between an individual and another, an organization and
another, and a part and another based on rivalry for power, and that can cause
civil war, and receiving alien assistance due to the desire to have an influence
on others. If so, a great number of people will lose their lives and property
and even independence and sovereignty. So, essential is a Constitution that can
guarantee a stable political system in the nation to avoid such evil
consequences.
Taking a glance at the detailed basic principles that have
been so far adopted at the National Convention, it can be vividly seen that the
future Constitution represents
1. formation of Unitary system
2. sharing of three powers
3. check and balance among three powers
4. exercising three powers separately.
A nation's constitution, which shapes the political system
and democratic system, is different from other nations’, and it is natural. The
heading ‘Lessons to be learned’ in the article “The Role of the Legislature in a
Democracy” by Norman J. Ornstein says, “Every country’s political system
develops and evolves according to its history, make up, and political and social
conditions. When a country tries to graft another country’s political system
onto its own, it rarely works.
The article was inserted in the Freedom Papers published by
USIA of the United States in which democracy is said to flourish. In view of the
detailed basic principles adopted so far, it is certain that the future State
Constitution will be in conformity with Myanmar history, culture, traditions,
equality among the national races, and prevailing political situations. In the
world, the nations whose political systems are stable are constructed based on
their history, prevailing political and social situations of their own with
correct views. Here, I would like to present a point.
It is that there will be two Hluttaws and equal legislative
power is vested in the two. Mostly, world nations have two Hluttaws but there is
a gap of legislative power between the two Hluttaws. Due to the fact equal
legislative power is invested with the two Hluttaws,
1. equality among the national races is vividly tangible
2. the laws that the people dislike cannot emerge due to
reciprocal check and balance between the two Hluttaw
3. important matters are decided by the Pyidaungsu Hluttaw
consisting of two Hluttaws, thereby representing the unity and essence of
democracy — making decisions through the wishes of the majority.
Not only the government and governmental organizations but
also members of Hluttaws at different levels have the right to submit bills. So,
the national people born in the Union, through their representatives, can enact
laws at the Hluttaws of regions or states where they live and that can bring
progress and prospects to the people of their regions. Moreover, there can
emerge the laws that represent the desire of the people through their
representatives at the Amyotha Hluttaw based on the formation of the Union, and
at the Pyidaungsu Hluttaw that represents the entire nation.
I simply believe that effectively applying with disciplines
the duties, rights and freedom that will bring about according to the future
State Constitution based on the detailed basic principles, the organizations and
political parties in the nation will make efforts in concert to transform the
nation into a modern and developed democratic one. In conclusion, I wish good
health and pleasure to the chairman of the National Convention and members of
the panel of chairmen, the chairman of the National Convention Convening
Commission and members, the officials from the National Convention Convening
Work Committee, the National Convention Convening Management Committee, and the
delegates to the National Convention.