Members of the delegate group of workers make a suggestion that the explanations of the Work Committee Chairman be adopted

YANGON, 8 Jan— The following is a translation of suggestions of Delegate Group of Workers submitted to the plenary session of the National Convention by U Nyein Maung of Lashio Township, Shan State (North) 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 on 6 January at Nyaunghnapin Camp in Hmawby Township, Yangon Division.

Representatives of the delegate group of Workers U Min Myint Maung Lay of Chaungzon Township, Mon State, and U Poe Rai Aung Thein of Loikaw Township in Kayah State, U Tha Aye of Yanbye Township, Rakhine State, and I will present the paper of the delegate group of workers 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.

At the plenary session of the National Convention held on 13 December 2005, the Chairman of the National Convention Convening Work Committee explained matters related to the detailed basic principles for legislative functions of the Pyidaungsu Hluttaw. He made clarification in accordance with the prevailing situations of our nation referring the legislative functions related to the Pyidaungsu Hluttaws prescribed in the constitutions of others nations, and legislative functions related to the Pyidaungsu Hluttaw prescribed in the 1947 Constitution and the 1974 Constitution. His explanation contributed towards our compiling this paper regarding the detailed basic principles for legislative functions of the Pyidaungsu Hluttaw. So, we representatives of the delegate group of workers thank him for his invaluable explanation.

The National Convention Convening Work Committee Chairman, regarding the legislative functions of the Pyidaungsu Hluttaw, explained matters on the adoption of the detailed basic principles to convene the regular sessions of the Pyidaungsu Hluttaw, and the vesting of the power to convene the first regular session of the Pyidaungsu Hluttaw with the Speaker of the Pyidaungsu Hluttaw; the fixing of the number regular sessions of the Pyidaungsu Hluttaw to be held at least in a year; the person or body who convenes regular sessions, the addressing of Pyidaungsu Hluttaw sessions occasionally by the President, the President’s sending messages, recording of such speeches and messages, and other messages; the Pyidaungsu Hluttaw Speaker’s scrutinizing, reading and recording; submission, discussing and approving of bills prescribed by the Constitution; raising queries by members at the Pyidaungsu Hluttaw; replying of respective administrative bodies and members to such questions; attendance of heads of other nations at the sessions to deliver a speech if their visits coincide with the sessions of the Pyidaungsu Hluttaw; detailed basic principles for special or emergency meetings of the Pyidaungsu Hluttaw; the power of Pyidaungsu Hluttaw Speaker to convene sessions if need arises to convene a Pyidaungsu Hluttaw session or an emergency session in the times that the President, as well as the administrative head, has to tackle extraordinary situations on political, security, economic and social affairs of the State; and fixing of quorum necessary for validity of sessions of the Pyidaungsu Hluttaw.

The National Convention Convening Work Committee Chairman also explained matters on making a decision through votes of members of the Pyidaungsu Hluttaw and the right of the Pyidaungsu Hluttaw Speaker’s right to cast decisive vote for the matters the Pyidaungsu Hluttaw has to decide; adoption of detailed basic principles regarding Pyidaungsu Hluttaw members who are absent for many days successively from Hluttaw session without permission of the Pyidaungsu Hluttaw Speaker; ensuring validity of decisions and activities of the Pyidaungsu Hluttaw even if it is discovered later that a person who was not entitled to do so sat or voted or took part in the proceedings, when there are vacant seats for members in the Pyidaungsu Hluttaw for various reasons; public information about activities of the Pyidaungsu Hluttaw; matter in which the Pyidaungsu Hluttaw has to approve the bill that has been approved by the Pyithu Hluttaw and the Amyotha Hluttaw regarding matters for which the Pyidaungsu Hluttaw is vested with power to enact a law; issuing of bylaws, rules, regulations, notifications, directives and procedures in the name of a body or authority in the law enacted by the Pyidaungsu Hluttaw and the power of the Pyidaungsu Hluttaw to revoke and amend them if they are not in conformity with the Constitution or the law concerned. The explanations of the Work Committee Chairman are proper, so they should be adopted into detailed basic principles.

The Work Committee Chairman discussed matters on participation of the Union of Myanmar in tasks of international and regional bodies, signing treaties and ratifying agreements with international and regional countries; power of the President to issue an ordinance to take a prompt action for matters such as State security; a matter to be handled by the Pyidaungsu Hluttaw to decide to approve or not such an ordinance; power of Union level bodies formed under the Constitution including Union government and Union Supreme Court to submit a bill in accord with the procedures regarding their administrative mattes; annual budget; bills on taxation and laying down national level plans; discussing bills, that are submitted to the Pyidaungsu Hluttaw, at the Pyithu Hluttaw or the Amyotha Hluttaw; ways, if necessary, to handle the bills, to be decided only at the Pyidaungsu Hluttaw, after scrutinizing them; seeking the approval of the Pyidaungsu Hluttaw if the Pyithu Hluttaw and the Amyotha Hluttaw do not reach an agreement to handle a bill; sending the bills to the President approved by the Pyidaungsu Hluttaw and the bills that shall be presumed as though they were approved by the Pyidaungsu Hluttaw; promulgation of laws under the signature of the President and issuing them; sending the bills to the President approved by the Pyidaungsu Hluttaw and the bills that shall be presumed as though they were approved by the Pyidaungsu Hluttaw; promulgation of laws under the signature of the President; issuing in the Union gazette the laws signed by the President and the laws that shall be presumed as though they were signed by the President and fixing a date for these laws to come into force. We members of the delegate group of workers make a suggestion that the explanations of the Work Committee Chairman be adopted.

Besides that, the Work Committee Chairman explained matters on power to be vested in members representing Union level bodies to attend, submit and discuss at the session of the Pyidaungsu Hluttaw regarding the bills and matters submitted to the Pyidaungsu Hluttaw for approval; duties and rights of the Pyidaungsu Hluttaw Speaker prescribed under the Constitution or a law; the right of the Union level body concerned formed under the Constitution to submit its matters to the Pyidaungsu Hluttaw; power to be vested in members of the Pyidaungsu Hluttaw to submit and discuss proposal and raise queries; prohibition of physical insults in enjoying these rights; the right of members representing a Union level body and persons invited to a session of the Pyidaungsu Hluttaw to enjoy freedom of speech at the Pyidaungsu Hluttaw subject to the provisions of respective laws of the Pyidaungsu Hluttaw; ways to arrest a member of the Pyidaungsu Hluttaw attending a Hluttaw session if need arises; ways to arrest a person attending a session under the permission or at the invitation of the Pyidaungsu Hluttaw Patron; and legal privileges on records and documents published by or in the name of the Pyidaungsu Hluttaw. The explanations are proper, so they should be adopted into detailed basic principles.

Regarding the detailed basic principles for legislative functions of the Pyidaungsu Hluttaw in formulating the State Constitution, I would like to present the suggestions of the delegate group of workers that the following points—

(1) “The first session of the Pyidaungsu Hluttaw should 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.”

(2) “The Speaker of the Pyidaungsu Hluttaw shall convene the Pyidaungsu Hluttaw session at least once a year. The maximum time limit between one meeting and another should not exceed 12 months”

(3) The following tasks shall be carried out at the Pyidaungsu Hluttaw meetings:

(a) Recording the address delivered by the President

(b) Reading out and the recording the message sent by the President and other messages permitted by the President

(c) Submitting and discussing and making decision on a bill

(d) Discussing and deciding the opinion and remarks of the President concerning a bill approved by the Pyidaungsu Hluttaw

(e) Discussing and deciding the matter the Pyidaungsu Hluttaw has to implement in accord with the provisions contained in the Constitution

(f) Discussing, deciding and recording the reports presented to the Pyidaungsu Hluttaw

(g) Submitting proposals, and making discussions and decisions

(h) Asking questions and replying answers

(i) Implementing the matters permitted by the Speaker of the Pyidaungsu Hluttaw.

(4) “The Speaker of the Pyidaungsu Hluttaw shall convene a special session or an emergency session of the Pyidaungsu Hluttaw as necessary”

(5) “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”

(6) “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”

(7) (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 in accord 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.”

(8) (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.

(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.

(9) “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 no account shall be taken of any period during which the Chamber is prorogued, or is adjourned.”

(10) “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 personwho was not entitled to do so sat or vote or took part in the proceedings are discovered later”

(11) “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.”

(12) (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 initiated in 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.

(13) (a) When the Pyidaungsu Hluttaw enacts a law, it may —

(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.

(14) “The Pyidaungsu Hluttaw —

(a) shall 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) may 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.

(15) (a) Matters that requires decision of the Pyidaungsu Hluttaw, agreement and approval should be implemented as follows:

(i) If the Pyidaungsu Hluttaw is in session, the matter shall be decided at that session.

(ii) If the Pyidaungsu Hluttaw is not in session, the discussion and decisions on the matter shall be made at the nearest Pyidaungsu Hluttaw session.

(iii) A special session or an emergency session shall be convened to discuss and decide the matters which need prompt action for public interest.

(b) When the President after issuing an ordinance having the force of law submits it to the Pyidaungsu Hluttaw for approval, the Pyidaungsu Hluttaw shall

(i) pass a resolution to approve it or not.

(ii) fix the further period to which the ordinance shall continue to be in force if the Pyidaungsu Hluttaw approves the ordinance.

(iii) The ordinance shall cease to have effect from the date on which it is disapproved by the Pyidaungsu Hluttaw.

(16) (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 prescribed procedures.

(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 accordance with the prescribed provisions for decision.

(17) “Except the bills that are prescribed by the Constitution to be initiated exclusively in the Pyidaungsu Hluttaw, the bills initiated by the Union level organizations formed under the Constitution, in the Pyidaungsu Hluttaw shall be discussed initially at the Pyithu Hluttaw or the Amyotha Hluttaw according to the prescribed provisions.”

(18) “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 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.”

(19) “If there arises disagreement between the Pyithu Hluttaw and the Amyotha Hluttaw concerning a bill, the bill shall be discussed and approved in the Pyidaungsu Hluttaw.”

(20) “(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 be become an Act in like manner as if he had signed it on the last of the said 14 days.”

(21) (a) If the President sends back the bill to the Pyidaungsu Hluttaw together with his comments within the fixed time, the Pyidaungsu Hluttaw after studying the President’s comments, can accept his comments or can decide to amend the bill, or shall make a decision to approve the bill in its original state if it does not agree the President’s comments.

(b) The President shall sign the bill and enact it into an Act on the last of the said seven days if the bill so amended according to his comments or his comments are not accepted and the bill approved in its original state is sent back to him with the Pyidaungsu Hluttaw’s decision.

(c) If the bill sent back to the President by the Pyidaungsu Hluttaw is not signed by the President within the fixed time, the same shall be become an Act in like manner as if he had signed it on the last date of the said time limit.

(22) “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.”

(23) “Members of the organizations representing the Union level organizations formed under the Constitution while attending the Pyidaungsu Hluttaw with the permission of the Speaker have right to explain the bills and other matters in connection with their respective organizations.”

(24) The Pyidaungsu Hluttaw Speaker shall —

(a) supervise the Pyidaungsu Hluttaw sessions

(b) invite the President, if the President informs him of his desire to address the Pyidaungsu Hluttaw

(c) have the power to invite organization and persons representing any Union level organizations formed under the Constitution to attend and give clarifications on one of the matters of the ongoing discussions of the Pyidaungsu Hluttaw session if necessary

(d) implement his other duties and functions designated by the constitution or any law

(25) “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.”

(26) “(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 s 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.”

(27) “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 the prior permission of the Pyidaungsu Hluttaw Speaker.”

(28) “The reports, documents and Hluttaw records published by the Pyidaungsu Hluttaw or under its authority shall be privileged.”

should be adopted into detailed basic principles.