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Clarification made on adoption of detailed basic principles for Chapter “Citizenship, Fundamental Rights & Duties of Citizens” for drafting the State Constitution Plenary Session of National Convention continues

Yangon, 27 Oct — Chairman and members of the National Convention Convening Work Committee read out the clarification on adoption of detailed basic principles for Chapter “Citizenship, Fundamental Rights & Duties of Citizens” for drafting the State Constitution made by Chairman of the National Convention Convening Work Committee at the Plenary Session of the National Convention continued at Pyidaungsu Hall of Nyaunghnapin Camp in Hmawby Township, Yangon Division, at 9 am today.

Present on the occasion were Chairman of the National Convention Convening Commission Secretary-1 of the State Peace and Development Council Lt-Gen Thein Sein and Commission members, Chairman of the National Convention Convening Work Committee Chief Justice U Aung Toe and Work Committee members, Chairman of the National Convention Convening Management Committee Auditor-General Maj-Gen Lun Maung and Management Committee members, chairmen and officials of subcommittees, delegates of political parties National Unity Party, Union Pa-O National Organization, Shan State Kokang Democratic Party, Mro (or) Khami National Solidarity Organization, Lahu National Development Party, Union Kayin League, Kokang Democracy and Unity Party and Wa National Development Party, representatives-elect of National Unity Party and Mro (or) Khami National Solidarity Organization, independent representatives, delegates of national races from Kachin, Kayah, Kayin, Chin, Mon, Rakhine, Shan (South), Shan (North) and Shan (East) States, Sagaing, Taninthayi, Bago, Magway, Mandalay, Yangon and Ayeyawady Divisions, delegates of peasants from Kachin, Kayah, Kayin, Chin, Mon, Rakhine, Shan (South), Shan (North) and Shan (East) States, Sagaing, Taninthayi, Bago, Magway, Mandalay, Yangon and Ayeyawady Divisions, delegates of intellectuals and intelligentsia, delegates of workers from Kachin, Kayah, Kayin, Chin, Mon, Rakhine, Shan (South), Shan (North) and Shan (East) States, Sagaing, Taninthayi, Bago, Magway, Mandalay, Yangon and Ayeyawady Divisions, delegates of State Service Personnel from the State Peace and Development Council Office, the President Office, the Pyithu Hluttaw Office, the Government Office, the Supreme Court, the Attorney-General’s Office, the Auditor-General’s Office, the Multi-party Democracy General Election Commission Office, the Civil Service Selection and Training Board, the Yangon City Development Committee, the Mandalay City Development Committee and ministries, other invited presons delegates, delegates from Shan State (North) Special Region-1, Shan State (North) Special Region-2, Shan State (North) Special Region-3, Shan State (North) Special Region-4, Shan State (North) Special Region-5, Shan State (South) Special Region-6, Kachin State Special Region-1, Kachin State Special Region-2, Kayah State Special Region-1, Kayah State Special Region-2, Kayah State Special Region-3, Kayinni National Democratic Party (KNDP) (Dragon) Group, Kayinni National Progressive Party (KNPP) (Hoya), Kayinni National Unity and Solidarity Organization (Ka Ma Sa Nya), Democratic Kayin Buddhist Organization (DKBA) and Haungthayaw Special Region Group, Nyeinchanyay Myothit Group from Hpa-an Township of Kayin State, Burma Communist Party (Rakhine State Group), Arakan Army (AA), Homein Region Development and Welfare Group, Shwepyiaye (MTA), Manpan People’s Militia Group, Mon Peace Group (Chaungchi Region) and Mon Nai Seik Chan Group that had exchanged arms for peace.

Before the Plenary Session of the National Convention, Chairman of the NCCC Secretary-1 Lt-Gen Thein Sein and Commission members, Chairman of the NCCWC Chief Justice U Aung Toe and Work Committee members, Chairman of the NCCMC Auditor-General Maj-Gen Lun Maung and Management Committee members, chairmen and officials of the subcommittees, delegates of political parties, representatives-elect, delegates of the National Races, Peasants, Workers, Intellectuals and Intelligentsia, State Service Personnel, and Other Invited Persons, signed attendance books at Pyidaungsu Hall and the recreation hall.

NCCC Chairman Secretary-1 Lt-Gen Thein Sein presided over the Plenary Session of National Convention and Secretary of NCCC Minister for Information Brig-Gen Kyaw Hsan acted as Master of Ceremonies.

The MC declared the start of the meeting as 1,072 out of 1,081 delegates were in attendance, accounting for 99.17 per cent, and the plenary session commenced with the permission of the meeting chairman.

First, NCCWC member Brig-Gen Mya Win read out the clarification on adoption of detailed basic principles for Chapter “Citizenship, Fundamental Rights and Duties of Citizens” for drafting the State Constitution made by the Chairman of NCCWC.

Next, Chairman of NCCWC Chief Justice U Aung Toe clarified matters on adoption of detailed basic principles for Chapter “Citizenship, Fundamental Rights and Duties of Citizens” for drafting the State Constitution. The Plenary Session went into recess at 10 am.

(Presentation made by Brig-Gen Mya Win and clarification made by Chief Justice U Aung Toe will be reported.)

The Plenary Session continues at 9 am on 30 October.

It is appropriate that 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 body

Yangon, 27 Oct— The following is the clarification made at the Plenary Session of the National Convention held at Nyaunghnapin Camp in Hmawby Township, Yangon Division, yesterday by the Chairman of the National Convention Convening Work Committee on adoption of detailed basic principles for legislative functions of the Region or State Hluttaw to be included in the chapter “Legislation” for drafting the State Constitution.

At the plenary session of the National Convention held on 15 December 2005, the Chairman of the National Convention Convening Work Committee explained the detailed basic principles to be adopted for the legislation of the Region or State Hluttaw to be included in the chapter “Legislation”.

The delegates held discussions and made suggestions on the clarification.

The delegate groups — the delegate group of national races, the delegate group of peasants, the delegate group of workers, the delegate group of intellectuals and intelligentsia, the delegate group of State service personnel and the delegate group of other invited persons — and the Union Pa-O National Organization, the Mro or Khami National Solidarity Organization, the Lahu National Development Party, the Union Kayin League, the Kokang Democracy and Unity Party, the Wa National Development Party and the delegate group of representatives-elect have suggested to adopt the following detailed basic principles.

1. (a) The term of the Region or State Hluttaw comes into force on the day on which that of the Pyithu Hluttaw comes into force.

(b) The first regular session of the Region or State Hluttaw shall be convened within 15 days after the commencement of the term of the Hluttaw.

2. (a) The State Peace and Development Council shall convene the first regular session of the Region or State Hluttaw after the Constitution comes into force.

(b) The Speaker of the Region or State Hluttaw who continues to perform his duties in accord with the provisions of the Constitution shall convene the first regular session for the next terms of the Region or State Hluttaw.

3. (a) Members of the Region or State Hluttaw shall take oaths before the chairman of the Region or State Hluttaw at the first regular session of the Region or State Hluttaw.

(b) Members of the Region or State Hluttaw who have not taken oaths, shall take oaths before the Speaker of the Hluttaw at the session of the Region or State Hluttaw they first attend.

4. 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.

5. 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;

(d) Submitting, discussing and making decision on a bill;

(e) Discussing and deciding the matters the Region or State Hluttaw shall implement in accord with the provisions of the Constitution and any of 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 making replies;

(i) Implementing matters permitted by the Speaker of the Region or State Hluttaw;

6. (a) The Speaker of the Region or State Hluttaw concerned may convene special session or emergency session of Region or State Hluttaws if necessary.

(b) The Speaker of the Region or State Hluttaw shall convene a special or emergency session of the Hluttaw as soon as possible when the Region or State Chief Minister informs to do so.

(c) The Speaker of the Region or State Hluttaw shall convene a special session of the Hluttaw as soon as possible if at least one-fourth of the Region or State Hluttaw members so requisition.

7. (a) A 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 on the first day of the session. The session if invalid shall be adjourned.

(b) The sessions that are held under sub-paragraph (a) due to invalidity of the sessions and the sessions that are extended due to validity of the sessions are valid if at least one-third of the Hluttaw members, who have the right to attend a session of the Region or State Hluttaw are present.

8. (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 Hluttaw, but shall have and exercise a casting vote in the matters of an equality of votes.

9. If for a period of 15 consecutive days a member of the Region or State Hluttaw is, without permission of the Hluttaw, absent from a session of the Region or State Hluttaw, the Region or State Hluttaw can declare the seat of the member vacant in accord with prescribed rules. 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.

10. Even if 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, even 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.

11. 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.

12. The Region or State Hluttaw has the power to make laws for the whole or any part of the Region or State concerning the matters stated in the Region or State Legislative List.

13. (a) When the Region or State Hluttaw enacts a law, it may —

(1) entrust the right to issue rules, regula-tions and bye-laws related to the law to a Region or State level organization formed under the Constitution.

(2) entrust the power to issue notifications, orders, directives and procedures related to the law to the organization or authority concerned.

(b) The rules, regulations, bye-laws, notifica-tions, orders, directives and procedures issued with the right vested by a law shall be consonant with the provisions contained in the Constitution and the law concerned.

(c) After issuing a rule, regulation or bye-law enacted under the law by the Region or State Hluttaw, the organization concerned shall circulate the rules, regulation or bye-law to Hluttaw members during the nearest regular session of the Region or State Hluttaw with the arrangements permitted by the Hluttaw Speaker.

(d) If a rule, regulation or bye-law is found not consonant with the provisions of the law concerned, Region or State Hluttaw members can submit a proposal to annul or amend the rules, regulation or bye-law to the Region or State Hluttaw within 90 days from the date they are circulated.

(e) If a decision is made by the Region or State Hluttaw to annul or amend a rule, regulation or bye-law, the decision shall not affect the matters implemented under the rules, regulation or bye-law.

14. (a) Matters that require decision, assent and approval of the 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.

15. (a) Of the matters included in the Region or State Legislative List, the Region or State level organizations formed under the Constitution have the right to submit bills on matters implemented under their managements to the Region or State Hluttaw in accord 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 accord with the prescribed provisions.

16. Of the matters included in the Region or State Legislative List, except those prescribed under the Constitution to be submitted exclusively as bills by the Region or State Government, the Region or State Hluttaw members have the right to submit bills on the remaining matters in accord with the prescribed provisions.

17. The Region or State Hluttaw shall make a decision when the Region or State Government submits Region or State budget in accord with the prescribed provisions.

18. (a) The Region or State Chief Minister shall—

(1) sign the bill approved by the Region or State Hluttaw and promulgate it into a law, within seven days after receiving it.

(2) sign the bill approved by the Self-Administered Region leading body and promulgate it into a law, within 14 days after receiving it.

(b) If the Region or State Chief Minister does not sign the bill and promulgate it into a law within 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 official Gazette. The laws shall come into force on the date of such promulgation unless the contrary intention is expressed.

19. (a) Of the members of an organization representing a Region or State level organization formed under the Constitution, the organization members who are not members of the Region or State Hluttaw shall have the right of discussing and voting concerning bills or matters related to the organization concerned in the Hluttaw sessions.

(b) Of the members of an organization representing 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 the Hluttaw Speaker shall have the right of discussing concerning bills or matters related to the organization concerned.

20. 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.

(d) have the right, if necessary, to invite members or persons of an organization representing a 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.

21. (a) Subject to the provisions stated in the Constitution or in the Region or State Hluttaw Law, members of the 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 or in the Region or State Hluttaw Law, members or persons representing a Region or State level organization formed under the Constitution who are permitted or invited to attend a Region or State Hluttaw session have freedom of speech at the Region or State Hluttaw or Region or State Hluttaw committees and bodies. 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-paragraph (a) and (b) in accord with the existing laws if they make physical assault in enjoying the privileges.

22. (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 approval of the Hluttaw Speaker.

(b) If there arises a need to arrest a member of a committee or a body formed by the Region or State Hluttaw attending a session of the committee or body, the reliable evidence shall be submitted to the Hluttaw Speaker through the head of the committee or body concerned. He shall not be arrested without prior approval of the Hluttaw Speaker.

(c) If there arises a need to arrest a member of the Region or State Hluttaw while the Hluttaw or the committee or the body formed by the Hluttaw is not in session, reliable evidence in support of such arrest shall promptly be submitted to the Region or State Hluttaw Speaker.

23. The reports, documents and records published by the Region or State Hluttaw or under its authority shall be privileged.

The National Unity Party presented a separate suggestion, saying, a detailed basic principles states, “If for a period of 15 consecutive days a member of the Region or State Hluttaw is, without permission of the Hluttaw, absent from a session of the Region or State Hluttaw, the Region or State Hluttaw may declare the seat of the Region or State Hluttaw member vacant in accord with prescribed provisions.”

As the Hluttaw members are the residents of respective Regions and States, transport and communication are easier for them if compared with the members of the Pyidaungsu Hluttaw, the Pyithu Hluttaw and the Amyotha Hluttaw. So, the period of 15 consecutive days is appropriate for this matter.

But the declaration of the seat of the Region or State Hluttaw member vacant in accord with prescribed provisions should be made only if it has been ascertained that the cause is due to the member himself.

As regards the suggestion, necessary measures will be taken in accord with the prescribed provisions, if for a period of 15 consecutive days a member of the Region or State Hluttaw is, without permission of the Hluttaw, absent from a session of the Region or State Hluttaw. The expression “necessary measures will be taken in accord with the prescribed provisions” means the case will be systematically handled. The said prescribed provisions will be included in the laws and rules of the Hluttaw concerned when they are enacted.

The NUP also made another suggestion, saying, The party finds that the detailed basic principle, which says that if the rules, regulations and bye-laws are found not consonant with the provisions of the law concerned, a proposal can be submitted to annul or amend the rules, regulations and bye-laws is comprehensive and in harmony with the procedures of the central level Hluttaws.

As there are differences in legal essence, the matters that are to be annulled or amended should be scrutinized to ascertain whether errors are made inadvertantly or not, and a study should be conducted to measure the extent of the adverse effects caused by the mistake.

It has already been explained the matter in connection with the suggestion in the clarification in connection with the legislation of the Pyidaungsu Hluttaw. Rules, regulations or bye-laws require annulments or amendments not because of mistakes only, but because of the time and situation also. Anyhow, the legal expression “the decision shall be without prejudice, however, to the validity of any action previously taken under the rules, regulations or bye-laws” is for the validity of any action previously taken under the rules before making any annuls or amendments.

Points contained in the matters that require decision, assent and approval of Region or State Hluttaw and the submission of bills by the Region or State level organizations formed under the Constitution are appropriate.

According to the point “The Region or State Hluttaw shall make a decision when the Region or State Government submits Region or State budget in accord with the prescribed provisions” it seems that the Region or State Hluttaw can make decisions without holding any discussions or coordination.

In addition, it is said the submission of annual budgets and revenues shall be discussed and decided in accord with the procedures. The annual budget is important for the Pyidaungsu Hluttaw as well as the Region or State Hluttaw.

Thus, thorough discussion and coordination should be made. Hence, it is suggested to add the words “hold discussions” in the said point as follows:

“The Region or State Hluttaw shall hold discussions and make a decision when the Region or State Government submits Region or State budget in accord with the prescribed provisions”

As regards the suggestion, the paragraph 15 (b) of the legislation of the Region or State Hluttaw states, “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 accord with the prescribed provisions.” As the paragraph 17 states, “The Region or State Hluttaw shall make a decision when the Region or State Government submits Region or State budget in accord with the prescribed provisions”, the addition of the words “hold discussions” is not necessary.

The party also said, the functions of the Chief Minister cover the task to make contacts with the Region or State Hluttaw concerned. The President in signing and issuing bills passed by the Pyidaungsu Hluttaw has the right to send his comments on the bills.

The President is the Head of State. The Chief Minister can be presumed the head of the Region or State concerned. Although the Head of State or the Chief Ministers send back the bills with amendments, it is only the Hluttaw that has the power to make final decisions whether to make amendments or not. In our opinion, it will be in the interest of the nation and the Region or State if the Head of State or the Chief Minister makes amendments due to significant occurrence in the short period of time. Hence, the Chief Minister should have the right to send their opinions and hold discussions on the bills passed by the Region or State Hluttaw.

Concerning the suggestion, it is to be clarified that according to the adopted basic principles, the President is the Head of State, the highest official position in the entire nation. Hence, it is stated in a detailed basic principle that the President have the right to send his comments about the bills passed by the Pyidaungsu Hluttaw. An adopted detailed basic principle on sharing of the Executive Power states, “The President shall sign the laws passed and enacted by the Pyidaungsu Hluttaw after taking action according to the provisions of the Constitution. Such signed laws shall be promulgated in the official Gazette.” There is a harmony between the detailed basic principles.

According to the adopted basic principles, the level of a Chief Minister is designated equivalent to that of a Union Minister. Although he is the Head of the Region or State, he should not be entrusted with the powers that are the same level of a president. According to the 1947 Constitution, any of the State Councils after passing a bill had to submit it to the President for signature and issuance. The State Council Chairmen had no right to sign and issue a bill.

In our view, it is appropriate that members of the 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 body. But suggestions are made concerning the action taken against the members of physical assaults.

It is required to amend the subparagraph (c) of the paragraph 21 as “Action shall be taken against those members stated in sub-paragraph (a) and (b) in accord with the existing laws and the rules and regulations of the Region or State Hluttaw if they make physical assaults in enjoying the privileges.”

The Work Committee Chairman’s explanation says, “Action shall be taken against those members stated in sub-paragraphs (a) and (b) in accord with the existing laws if they make physical assault in enjoying the privileges”. However, the National Unity Party suggested that the phrase “rules and regulations and procedures of the Pyidaungsu Hluttaw” should be added to the paragraph. This suggestion is in conformity with the already-laid down principle conveying clear meaning. In this regard, the Work Committee held discussions with members of the Panel of Chairmen. The members of the Panel of Chairmen coordinated with fellow members of the delegate groups concerned, and submitted the stances of the delegate groups to the Work Committee. Regarding the rights to participate in discussions at Hluttaw sessions of the Region or State Hluttaw, many delegate groups suggested that “Action shall be taken against those members stated in sub-paragraphs (a) and (b) in accord with the rules and regulations and procedures of the Region or State Hluttaw and the existing laws if they make physical assault in enjoying the privileges” should be added as sub-paragraph (C) of paragraph (20).

The delegate group of national races said, “A Hluttaw member has the right to cast a vote for or against or an abstention, and that right is also practised at the Hluttaws of many nations and at the UN assemblies.

“We have suggested the point ‘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’ should be adopted as a detailed basic principle”.

In addition, it also suggested that “A Hluttaw member has the right to stay neutral if he does not wish to cast a vote” should be added to No 8 (A) of the Pyidaungsu Hluttaw, para 7 (A) (1) and 7 (B) (1) of the Pyithu Hluttaw and the Amyotha Hluttaw and No 8 (A) of the Region or State Hluttaw.

In response to the suggestion, sub-paragraph (A) of paragraph (8) of the Pyithu Hluttaw and the Amyotha Hluttaw the Work Committee Chairman explained means the regulation to be abided by, regarding matters on decisions to be made at Hluttaws by a majority of votes of the members present’. “The right to stay neutral if he does not wish to cast a vote” is, indeed, the right that has been already empowered to a Hluttaw member each. So, it is no need to state the matter separately as a detailed basic principle.

The delegate group of intellectuals and intelligentsia said, “The paragraph (8) mentions that a matter is to be determined by a majority of votes of the members present if there needs to make a decision at Hluttaw sessions, and the person serving as the Hluttaw Speaker shall not vote in the first instance, but shall exercise a casting vote in the matters of an equality of votes. In the clarification, the vote the Speaker has to cast is mentioned “casting vote”. The term “casting vote” is correct in meaning, but in essence, it means it is in favour of one side, whereas in favour against the other side. So, we think the term “decisive vote” is more suitable than the term “casting vote”. It is preferable to use the term “decisive vote” to the term “casting vote”. If so, the meaning of the term is more significant and clear, and that will enhance the role and prestige of the Speakers and chairmen.

My explanation means that in the matters of an equality of votes at a session, when the person serving as the Speaker of the Region or State Hluttaw casts vote, one side wins over the other side. So, it is called “casting vote”.

It is used so to enhance the meaning. The term “casting vote” is also used in the 1947 constitution as well as in the constitutions of some countries. That has been explained since legislative functions of the Pyidaungsu Hluttaw were clarified. I would say mentioning the vote as “casting vote” makes the expression more meaningful and clear. It has been already explained that in my clarification regarding the Pyidaungsu Hluttaw, the Pyithu Hluttaw and the Amyotha Hluttaw.

The delegate group said, “Among the detailed basic principles, paragraph 9 mentions declaring the seat of a Hluttaw member vacant if he is absent for a period of 15 consecutive days without permission of the Hluttaw concerned at sessions, and computing the period of 15 days no account shall be taken of any period during which the session is adjourned. Paragraph 10 mentions for ensuring that the session shall not be annulled, even if the acts of a person who is not entitled sat or voted or took part in the proceedings are discovered later. Here, regarding the point stated in paragraph 10, we would like to suggest that “a person who is not entitled” may be a person or a group of persons. So, it would be more appropriate if it is “a person or persons”.

To respond to the suggestion, the phrase “a person who is not entitled” mentioned in the explanation of the Work Committee Chairman is used in drafting the Constitutions. The phrase “a person who is not entitled” is mentioned in the explanation of the Work Committee Chairman, as used in drafting the Constitutions. According to the 1973 Interpretations of Expressions Law, it shall be presumed that the expression having singular meaning is also relevant to the expression having plural meaning, the expression having plural meaning is also relevant to the expression having the singular meaning. Hence, some person means one person or more than one person.

The representatives of political parties of the delegate group of representatives-elect presented their stances.

Independent representatives-elect of that delegate group—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—said that one of the detailed basic principles of the Hluttaws is “The session of a Hluttaw shall not be annulled, even if the acts of a person who was not entitled to do so, sat or voted or took part in the proceedings are discovered later”.

“We think the purpose is to be able to avert possible effects on the decisions and activities carried out by the Hluttaw concerned due to the acts of such a person.

“Making a decision through voting and approving a matter in Hluttaws is of great importance. That is part of democracy system. So, it doesn’t matter if the vote of a person who is not entitled, does not have any effect on the decision or approval. But, it does matter if a matter has to be approved or annulled due to his vote. It’s food for thought. In other words, 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, systematic measures should be taken to scrutinize Hluttaw members”.

It is a good suggestion. When Hluttaws come into being under the future State Constitution, it is very important to make sure that those who are not entitled to attend Hluttaw sessions cannot do so and vote. The organizations concerned will take great care to be able to avert such undesirable incidents. So, this suggestion will be recorded.

Therefore, the points:

1. (a) The term of the Region or State Hluttaw comes into force on the day on which that of the Pyithu Hluttaw comes into force.

(b) The first regular session of the Region or State Hluttaw shall be convened within 15 days after the commencement of the term of the Hluttaw.

2. (a) The State Peace and Development Council shall convene the first regular session of the Region or State Hluttaw after the Constitution comes into force.

3. (a) Members of the Region or State Hluttaw shall take oaths before the chairman of the Region or State Hluttaw at the first regular session of the Region or State Hluttaw.

(b) Members of the Region or State Hluttaw who have not taken oaths, shall take oaths before the Speaker of the Hluttaw at the session of the Region or State Hluttaw they first attend.

5. 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;

(d) Submitting, discussing and making decision on a bill;

(e) Discussing and deciding the matters the Region or State Hluttaw shall implement in accord with the provisions of the Constitution and any of 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 making replies;

(i) Implementing matters permitted by the Speaker of the Region or State Hluttaw;

6. (a) The Speaker of the Region or State Hluttaw concerned may convene special session or emergency session of Region or State Hluttaws if necessary.

(b) The Speaker of the Region or State Hluttaw shall convene a special or emergency session of the Hluttaw as soon as possible when the Region or State Chief Minister informs to do so.

(c) The Speaker of the Region or State Hluttaw shall convene a special session of the Hluttaw as soon as possible if at least one-fourth of the Region or State Hluttaw members so requisition.

12. The Region or State Hluttaw has the power to make laws for the whole or any part of the Region or State concerning the matters stated in the Region or State Legislative List.

13. (a) When the Region or State Hluttaw enacts a law, it may —

(1)entrust the right to issue rules, regula-tions and bye-laws related to the law to a Region or State level organization formed under the Constitution.

(2) entrust the power to issue notifications, orders, directives and procedures related to the law to the organization or authority concerned.

(e) If a decision is made by the Region or State Hluttaw to annul or amend a rule, regulation or bye-law, the decision shall not affect the matters implemented under the rules, regulation or bye-law.

14. (a) Matters that require decision, assent and approval of the 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.

17. The Region or State Hluttaw shall make a decision when the Region or State Government submits Region or State budget in accord with the prescribed provisions.

18. (a) The Region or State Chief Minister shall—

sign the bill approved by the Region or State Hluttaw and promulgate it into a law, within seven days after receiving it.

(2) sign the bill approved by the Self-Administered Region leading body and promulgate it into a law, within 14 days after receiving it.

20. 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.

(e) perform other duties and responsibilities entrusted by the Constitution or a law.

(c) Action shall be taken against those members stated in sub-paragraph (a) and (b) in accord with the rules and regulations and procedures of the Region or State Hluttaw and existing laws if they make physical assault in enjoying the privileges.

23. The reports, documents and records published by the Region or State Hluttaw or under its authority shall be privileged. are adopted as detailed basic principles for the legislative functions of the Region or State Hluttaw.

Now, presentation on a collection of the detailed basic principles related to the legislative functions of the Pyidaungsu Hluttaw, the Pyithu Hluttaw, the Amyotha Hluttaw and the Region or State Hluttaw is hereby concluded.

Clarification on the Tatmadaw and “Citizenship, Fundamental Rights & Duties of Citizens” chapters will be published

Yangon, 27 Oct— Clarification made by the Chairman of the National Convention Convening Work Committee on adoption of detailed basic principles for the Chapter “The Role of the Tatmadaw” and the Chapter “Citizenship, Fundamental Rights & Duties of Citizens” for drafting the State Constitution at the Plenary Session of the National Convention held at Pyidaungsu Hall of Nyaunghnapin Camp in Hmawby Township, Yangon Division, yesterday and today, will be published in dailies.