The first session that gives birth to the tenure of the Pyithu Hluttaw shall be convened
not later than 45 days after the commencing date of general elections

YANGON, 7 Jan— The following is a translation of suggestions submitted to the plenary session of the National Convention by U Aung Thein of Ywangan Township Constituency, Shan State (South), regarding the detailed basic principles for legislation of the Pyidaungsu Hluttaw, the Pyithu Hluttaw, the Amyotha Hluttaw, and Region or State Hluttaw in formulating the State Constitution collectively presented by the three Independent Representatives-elect — Dr Hmu Htan of Thantlang Township Constituency, U Aung Thein of Ywangan Township Constituency, Shan State (South); and U Tun Kyaw of Namhsan Township Constituency, Shan State (North)— on 5 January at Nyaunghnapin Camp in Hmawby Township, Yangon Division.

I would like to present some points about the detailed basic principles for legislative functions of the Pyithu Hluttaw and the Amyotha Hluttaw to be included in the Chapter “Legislature” in formulating the Constitution.

The National Convention has adopted a detailed basic principle that legislative powers of the State are vested in the Pyidaungsu Hluttaw, Region Hluttaw and State Hluttaw, and legislative power prescribed by the Constitution is vested in self-administered areas. One of the detailed basic principles for legislative formation says that the Pyidaungsu Hluttaw is made up of the Pyithu Hluttaw and the Amyotha Hluttaw. The two Hluttaws are formed separately, but they have to deal with each other in carrying out legislative functions, the major task of Hluttaws. Firstly, I would like to discuss matters on the convening of first regular sessions of the two Hluttaws. Some nations convene first regular sessions based on the elections, while some nations fix a date to convene first regular sessions. In this regard, if the date for elections is fixed based on the date of the first session of the Pyithu Hluttaw, there might be some difficulties. So, it should be fixed based on the date of the general elections. A detailed basic principle has been adopted that the term of the Amyotha Hluttaw is the same as that of the Pyithu Hluttaw. On expiry of the term of the Pyithu Hluttaw, the term of the Amyotha Hlluttaw expires. So, the term of the Amyotha Hluttaw comes into force on the date of the first session of the Pyithu Hlluttaw. Now, the State Peace and Development Council has to be exercising the three branches of State power due to various reasons. So, in my opinion, for ensuring systematization, the State Peace and Development Council will have to conven first sessions of the Pyithu Hluttaw and the Amyotha Hluttaw fromed under the Constitution. And Spekers and Deputy Speakerss of respective Hluttaws should be vested with the power to convene the first regular sessions of the Pyithu Hluttaw and the Amyotha Hluttaw in the terms after the Constitution comes into force.

The 1947 Constitution stated that the first session that gave birth to the tenure of the Pyithu Hluttaw should be convened not later than 60 days after the commencing date of general elections. But the nation’s present situation is much different from that of the 1947. The nation’s population at present is over 50 million, It has witnessed a significant development in all sectors. Because of the development of the transport infrastructure people can travel to any place at any time in a short period. In 2002, the nation had 621 Union highways and 18,640 miles of roads, up from 461 Union highways and 13,635 miles of roads in 1988. In addition to Yangon International Airport there are many other airports all over the nation. Because of the developments the time limit should be fixed at 45 days rather than 90 days. Thus, I would like to suggest that the detailed basic principle “The first session that gives birth to the tenure of the Pyithu Hluttaw shall be convened not later than 45 days after the commencing date of general elections” should be laid down.

I have gained much knowledge about the functions of the Pyithu Hluttaw and Amyotha Hluttaw including the taking of the oath by the members, convening of the sessions, validity of the meetings, the number of members required for approvals, decisions concerning the matters not included in the Constitution, and the voting right of the Speaker. In cases concerning the absence of the members from the hluttaw without leave, laws and bylaws should be enacted to take action against the members. In my view, the activities and records of the Pyithu Hluttaw and Amyotha Hluttaw should be released for the knowledge of the people. However, the activities and records that should be restricted under an act or the order of the Pyithu Hluttaw or Amyotha Hluttaw should not be released.

Matters relating to submission, approval, sending back and promulgation of the bills, the rights of the representatives of the Union level organizations and invited persons at the hluttaws, solving of disagreements between the Pyithu Hluttaw and Amyotha Hluttaw at the Pyidaungsu Hluttaw are included in the Work Committee Chairman’s clarification.

Except from my separate suggestions in which I have suggested to laid down a detail basic principle which states “The first session that gives birth to the tenure of the People’s Hluttaw shall be convened not later than 45 days after the commencing date of general elections” I am in support of adopting all the remaining detailed basic principles which in my view should be adopted as provisions for the Constitution.