burma Convention part II

[mbeer@xxxxxxxxxxx]

                      September 21, 1994,
Wednesday.....SECTION: Part 3 Asia - Pacific;
SOUTHEAST ASIA; BURMA; FE/2106/B ; .....LENGTH:
5909 words.....HEADLINE: NATIONAL CONVENTION; U
Aung Toe's report to the National Convention, Part II.
Summary: principles underpinning
chapters of constitution; chapter on the
legislature; principles underpinning the Union
Parliament; Panel of Chairmen to supervise House
of Representatives; House of Representative
Committees; term of office of parliament;
principles governing the formation of the House of
Nationalities; chairman and vice-chairman of the
House of Nationalities; House of Nationalities'
committees; Division and state parliaments;
qualifications needed to become a member of
parliament ; factors ruling out a person's
election to the House of Representatives.
Radio Burma, Rangoon, in Burmese 1330 gmt 2nd to
5th Sep 94
Excerpts from "second part" of speech by U Aung
Toe, chief justice and chairman of the National
Convention Convening Work Committee, to the
plenary session of the National Convention at
Rangoon's President' s Residence compound on 2nd
September; subheadings inserted editorially. (see
FE/2104 B/1 [1] for the first part of the report)
Principles underpinning chapters of constitution
The principles that will form the basis for the
chapters - legislature, executive and judiciary -
are related to one another. There also some
principles which are to be dealt with when the
specific chapters are discussed. Some of the
principles which will serve as a base are to be
coordinated between one chapter and another .
Hence, discussions will be disjointed if the
chapters - legislature, executive and judiciary -
are deliberated separately. In order to lay down
the principles to serve as a basis for the
chapters - legislature, executive and judiciary -
discussions can be focussed on three sections.  
They are: organization, distribution of powers and
functions for each chapter, each to be discussed
separately...
Chapter on the legislature
Esteemed Chairman, to deal with the chapter on
legislature first, a principle has been laid down
to serve as a basis as follows: "the legislative
power of the State is distributed among Pyidaungsu
Hluttaw [Union Parliament], Regional Hluttaws and
State Hluttaws; legislative power stipulated by
the State constitution shall be distributed to
self-administered areas."
Based on that principle, the following principles
should be laid down in detail to serve as a base:

                 PAGE   10             The British
Broadcasting Corporation, September 21, 1994
Principles underpinning the Union Parliament
1. The legislative power of the State is
distributed among the Pyidaungsu Hluttaw, Regional
Hluttaws and State Hluttaws;
2. Legislative power stipulated by the State
constitution shall be distributed to
self-administered areas.
Esteemed Chairman, Principles laid down to form a
basis in connection with the Pyidaungsu Hluttaw
are as follows:
1. the Pyidaungsu Hluttaw consists of two Hluttaws
- one Hluttaw elected on the basis of population
and the other one with an equal number of
representatives elected from regions and states;
2. the Pyidaungsu Hluttaw, Region Hluttaws and
State Hluttaws include Tatmadaw [Defence Services]
servicemen Hluttaw representatives nominated as
such by the Defence Services C-in-C in numbers
stipulated by the State constitution.
Esteemed Chairman, in laying down the principles
to form a basis the terms "Hluttaw elected on the
basis of population" and "Hluttaws elected with
equal number of representatives elected from
regions and states" were used...
According to the principle laid down to form a
basis, two Hluttaws shall be constituted in our
country. In the 1947 constitution and 1974
constitution, the Pyithu Hluttaw [House of
Representatives] elected on the basis of
population was termed "Pyithu Hluttaw" and
similarly in laying down the principles to form
the basis for the constitution, the Pyithu Hluttaw
to be elected on the basis of population should be
termed the "Pyithu Hluttaw" .
The Hluttaw constituted with an equal number of
representatives elected from regions and states,
however, should be termed "Amyotha Hluttaw [House
of Nationalities]" to signify the involvement of
all the national races. Suggestions are to be
forwarded if there are more suitable terms...
Esteemed Chairman, in accordance with the
principle which I have just presented, the
following should be laid down in detail in
constituting the Pyidaungsu Hluttaw:
The Pyidaungsu Hluttaw consists of the following
Hluttaws:
(1) the Pyithu Hluttaw constituted with
representatives elected on the basis of population
and Tatmadaw servicemen Hluttaw representatives
nominated by the Defence Services C-in-C.
(2) the "Amyotha Hluttaw" constituted with an
equal number of Hluttaw representatives elected
from regions and states and Tatmadaw servicemen
Hluttaw representatives nominated by the C-in-C of
the Defence Services.
Esteemed Chairman, clarifications in connection
with the formation of Pyithu Hluttaw will be
given. It is found that according to the 1947
constitution, the Pyithu Hluttaw was formed with
250 Pyithu Hluttaw members. According to the 1974
constitution, the First Pyithu Hluttaw was formed
with 451 Pyithu Hluttaw members, the Second Pyithu
Hluttaw with 464 Hluttaw members, the Third Pyithu
Hluttaw with 475 Hluttaw members and the Fourth
Pyithu Hluttaw with 489

                 PAGE   11             The British
Broadcasting Corporation, September 21,
1994.....Hluttaw members.
It has been found that the Pyithu Hluttaw should
be formed with 440 Pyithu Hluttaw members
according to the population of our country and to
enable the participation of majority of the
national races residing in the entire Union. The
Pyithu Hluttaw will consist of 330 elected Pyithu
Hluttaw members and 110 Tatmadawmen Pyithu Hluttaw
members.
The reason for saying that 330 elected Pyithu
Hluttaw members should be included in forming the
Pyithu Hluttaw is that there are now 324 townships
in the Union of Myanmar [Burma] and all national
races reside in these townships. The population of
some township is high and some township is low.
However, as it is found that all national races
live together in all the townships, the election
is held in township constituencies which are
designated based on the population of the township
and therefore, many national races will have the
chance to be included in the Pyithu Hluttaw.
Hence, it is necessary to elect one Hluttaw
representative each in townships where the
population has up to 300,000 people and one
Hluttaw representative in townships where the
population is more than 300,000. It is to be
prescribed that the number of Pyithu Hluttaw thus
elected should not exceed 330... In order that the
Tatmadaw may be able to participate in the
national political leadership role of the future
state and to continue to defend and preserve our
three main national causes, it will be proper to
have 110 Tatmadawmen Hluttaw representatives in
the Pyithu Hluttaw. It is to be assumed that this
is an appropriate ratio ...
Panel of Chairmen to supervise House of
Representatives    Esteemed Chairman, after the
formation of the Pyithu Hluttaw it is vital to
have the Panel of Chairmen to supervise the Pyithu
Hluttaw. Hence the principle to be based on
electing the Panel of Chairmen of the Pyithu
Hluttaw will be presented.
It is necessary to elect one alternate chairman to
supervise over the meeting for electing the Pyithu
Hluttaw Panel of Chairmen. This is necessary to
enable Pyithu Hluttaw members to take the oath of
office in the presence of the Panel of Chairmen
when the first session of the first Pyithu Hluttaw
commences for one Pyithu Hluttaw term. Therefore,
in connection with the electing an alternate
chairman a detailed policy should be laid down as
follows:
1. one alternate chairman shall be elected from
among the Pyithu Hluttaw members at the
commencement of the first session of the first
Pyithu Hluttaw term;
2. the alternate chairman shall take the oath of
office in the presence of Pyithu Hluttaw; and
3. the alternate chairman shall continue to
supervise up to the time of electing the Panel of
Chairmen of the Pyithu Hluttaw and
vice-chairman...
It is found in constitutions of some nations that
supervision of functions concerning the Hluttaw is
carried out by means of appointing Hluttaw heads
or through elections.
According to the 1947 constitution, heads of the
two Hluttaws are elected by the representatives of
the respective Hluttaw. According to the 1974

                 PAGE   12             The British
Broadcasting Corporation, September 21,
1994.....constitution, the Panel of Chairmen was
elected by people' s Pyithu Hluttaw
representatives.
According to the 1947 constitution, the head of
the Chamber of Nationalities was termed "Nayaka"
[Speaker] and the head of the Chamber of Deputies
"Okkahta" [Speaker]. According to the 1974
constitution, a member of the Panel of Chairmen
who presided at each regular session of the Pyithu
Hluttaw was termed "Ahlekya Thabapati" [alternate
chairman].
It will become necessary for the Pyithu Hluttaw
[House of Representatives] to be formed in future
to have heads of the Pyithu Hluttaw to oversee and
carry out functions concerning the Pyithu Hluttaw.
So the head of the Pyithu Hluttaw should be termed
" Thabapati" [Chairman].
Esteemed Chairman, the Pyithu Hluttaw will have to
play an important role in legislation. Should only
a chairman be assigned duties to preside over
regular sessions of the Pyithu Hluttaw and
supervise Pyithu Hluttaw-related functions, there
will be a heavy burden of duties on the respective
chairman. It is found that if a vice-chairman be
designated to support the chairman,
Hluttaw-related functions will be properly
managed.
So, regarding elections to the offices of the
chairman and vice-chairman of the Pyithu Hluttaw
the following detailed fundamental principles will
be observed:
1. In the Pyithu Hluttaw,
(a) The Pyithu Hluttaw representatives shall elect
a chairman and a vice-chairman of the Pyithu
Hluttaw from among themselves;
(b) If the office of the chairman or the
vice-chairman is vacant, it shall be substituted
by election at the next Pyithu Hluttaw session;
(c) If the chairman becomes incapacitated, the
vice-chairman shall temporarily assume the duties
of the chairman;
2. Proceedings for elections to the office of the
chairman and the vice-chairman shall be prescribed
by enacting law.
Esteemed Chairman, regarding the performance of
duties by the Pyithu Hluttaw chairman and
vice-chairman they are to continue to serve in
office until the first session of the next term of
the Pyithu Hluttaw is convened...
Esteemed Chairman, the Pyithu Hluttaw chairman and
vice-chairman are persons who have to perform
heavy duties such as the supervision of Pyithu
Hluttaw-related functions and presiding over the
Pyithu Hluttaw sessions. So, it is necessary to
prescribe their duties, rights and privileges as
by law.
It is common that duties, rights and privileges of
the Pyithu Hluttaw chairman and vice-chairman are
not prescribed in detail in the constitution but
by enacting a separate law. According to the 1947
constitution, the chairmanship is of great status.
So, it should be considered whether or not a
detailed fundamental principle should be laid down
for prescribing that the Pyithu Hluttaw chairman
has the right to the status of the vice-president
and the vice-chairman to the status of the
Pyidaungsu [Union] Minister...

                 PAGE   13             The British
Broadcasting Corporation, September 21, 1994
Esteemed Chairman, the Pyithu Hluttaw chairman and
vice-chairman are persons elected by the Pyithu
Hluttaw representatives. However, if they wish to
resign from their offices of their own volition,
they should be allowed. Moreover, as they are
Pyithu Hluttaw representatives, they are subject
to the Electoral Law and any other law. A detailed
fundamental principle should be laid down that in
the event of them no longer being Hluttaw
representatives or no longer having the right to
stand as Hluttaw representatives or after being
removed from the offices of the chairman and vice-
chairman by the Pyithu Hluttaw, or dying, they
will lose the right to the chairmanship or
vice-chairmanship...
House of Representative Committees
Esteemed Chairman, it is essential to form
committees with the Pyithu Hluttaw representatives
to enable the Pyithu Hluttaw to carry out tasks
for promulgation, discussion and study of laws in
connection with State affairs. According to the
practice in some countries, a Bill Committee,
Public Accounts Committee, Hluttaw Privileges
Committee and Governmental Obligations
Scrutinization Committee should be formed with
Pyithu Hluttaw representatives.
Moreover, the Pyithu Hluttaw should have the power
to form Hluttaw Committees with its
representatives and invest them with duties as and
when necessary to enable them to observe and
report on legislation, administration, national
races, economic, financial, social and foreign
affairs as well as other affairs.
Esteemed Chairman, if and when there is a reason
to report on the Tatmadaw [defence services]
affairs in addition to a defence and security
affairs, a Defence and Security Committee should
be formed with the Tatmadawmen Pyithu Hluttaw
representatives.
It is essential for the Pyithu Hluttaw to
determine the organization, duties, powers,
privileges and term of Hluttaw Committees. In
addition, if there is a case to negotiate with the
Amyotha Hluttaw, the Pyithu Hluttaw should have
the power to form a joint committee with equal
members of representatives each from the Pyithu
Hluttaw and the Amyotha Hluttaw and invest it with
duties. The Pyithu Hluttaw should have the power
to elect representatives as members of the
committee and invest duties and powers. The term
of the joint committee should be determined until
the report has been submitted to the respective
Hluttaw.
Esteemed Chairman, the Pyithu Hluttaw and the
Amyotha Hluttaw under the future constitution will
have to form Hluttaw Committees in accord with
laws and observe matters related to State affairs.
Both Hluttaws have to observe the same matter
together, for if they are to look into them
separately, work will be delayed. Consequently,
the joint committee should be formed to coordinate
between the chairmen of the Hluttaws...
Esteemed Chairman, except for the duties of the
Committees formed by the Pyithu Hluttaw, the
Pyithu Hluttaw should have to seek the help of the
experts not among the Hluttaw representatives if
necessary...
The Pyithu Hluttaw should have the right to form
commissions or committees consisting of Pyithu
Hluttaw representatives or suitable citizens when
there arises the need to ensure an extensive study
of matters...
Term of office of parliament

                 PAGE   14             The British
Broadcasting Corporation, September 21, 1994
Esteemed Chairman, matters concerning the term of
office of the Pyithu Hluttaw will now be
clarified. The regular term of office of the
Pyithu Hluttaw was prescribed as four years under
the 1947 constitution and the 1974 constitution. A
basic principle has already been laid down
prescribing the term of office of the President as
five years under the new constitution. The
President of the Union shall perform the duties of
the State. According to experience, more time will
be needed to carry out the tasks if the term of
the Pyithu Hluttaw is prescribed as only four
years. The President of the Union himself will
have sufficient time to carry out the tasks of the
State effectively and successfully during his term
of office only if the regular term of the Pyithu
Hluttaw has been prescribed as five years.
So, in connection with the term of the Pyithu
Hluttaw a basic principle should be laid down in
specific detail as follows:
- The term of the Pyithu Hluttaw is five years
from the date on which the first session of the
Pyithu Hluttaw begins.
Principles governing the formation of the House of
Nationalities
Esteemed Chairman, our studies on the formation of
the Amyotha Hluttaw will now be clarified. Under
the basic principles already laid down, the
Amyotha Hluttaw is to be constituted with equal
numbers of representatives elected from regions
and states. Moreover, it shall be formed with
Tatmadaw member Hluttaw representatives nominated
as such by the C-in-C of the Defence Services.
So, the number of representatives of the Amyotha
Hluttaw shall be taken into consideration first.
Under the basic principles already laid down, the
Amyotha Hluttaw is to be constituted with equal
numbers of representatives elected from the seven
regions and seven states and Tatmadaw member
Hluttaw representatives nominated as such by the
C-in-C of the Defence Services. Naturally, the
number of representatives of the Pyithu Hluttaw
will be more than that of the Amyotha Hluttaw. So,
the number of the Pyithu Hluttaw representatives
should be about double the number of Amyotha
Hluttaw representatives. If the Pyithu Hluttaw is
to be constituted with the maximum 440
representatives as I have presented earlier, the
Amyotha Hluttaw should be formed with 220 Hluttaw
representatives or around this figure.
If the Amyotha Hluttaw is to be constituted with a
maximum of 224 Hluttaw representatives, 16 Hluttaw
representatives, including Tatmadaw member
representatives, should be prescribed for each
region and state in accordance with the basic
principles already laid down. Out of the 16
representatives, 12 of them should be elected
representatives and one third of the elected
number or four Hluttaw representatives should be
Tatmadaw member Hluttaw representatives nominated
as such by the C-in-C of the Defence Services.
Esteemed Chairman, the Amyotha Hluttaw should be
constituted with as many national races as
possible. If the representatives elected from the
self-administered divisions and self-administered
zones of the respective regions or states can
participate in the Amyotha Hluttaw they will be
able to present the affairs of their
self-administered divisions or zones to the
Amyotha Hluttaw directly. This being so, elected
representatives of the self-administered divisions
or self-administered zones should be allowed to
participate in the Amyotha Hluttaw...

                 PAGE   15             The British
Broadcasting Corporation, September 21, 1994
Esteemed Chairman, an acting chairman is to be
elected to the first session of an Amyotha Hluttaw
at the start of its term to preside over the
session. Only then can the Amyotha Hluttaw
representatives take the oath of office before the
acting chairman. Moreover, the acting chairman
will be able to supervise the Amyotha Hluttaw
session until the chairman and the vice-chairman
of the Amyotha Hluttaw has been elected...
Chairman and vice-chairman of the House of
Nationalities
Esteemed Chairman, the matter of electing the
chairman and vice-chairman of the Amyotha Hluttaw
will now be clarified.
One Amyotha Hluttaw chairman and one vice-chairman
should be elected from among Amyotha Hluttaw
representatives to supervise the Amyotha Hluttaw
functions, Amyotha Hluttaw sessions or to conduct
coordinations with the Pyithu Hluttaw as
necessary.
It is proposed to elect a vice-chairman so that
the person can assist the chairman in discharging
duties and discharge the duties of the chairman
provisionally when the chairman is in no position
to discharge the duties for various reasons,
thereby avoiding unnecessary delays in the Amyotha
Hluttaw functions. Methods should be prescribed by
law for electing the Amyotha Hluttaw chairman and
vice-chairman...
Esteemed Chairman, it is necessary to prescribe
the rights and responsibilities of the chairman
and vice-chairman of Amyotha Hluttaw to enable
them to perform them effectively. It is found that
laws were promulgated on the rights and
responsibilities of the chairmen by the Hluttaws
in the past.
Therefore, a law should be promulgated on the
duties, rights and responsibilities of the
chairman and vice-chairman of Amyotha Hluttaw ...
House of Nationalities'committees
Esteemed Chairman, according to the studies made
it is seen that Amyotha Hluttaw Committee,
Commission and Committees should be formed in the
same manner as the Pyithu Hluttaw to enable the
Amyotha Hluttaw to study and present the tasks to
be carried out by the Amyotha Hluttaw. The reasons
for forming this Committee, Commission and
Committees have been given in the clarifications
made in connection with Pyithu Hluttaw.
Hence, in connection with the forming of Amyotha
Hluttaw Committee, Commission and Committees,
basis principles should be laid down precisely as
follows:
1. (a) the Amyotha Hluttaw shall form the Bill
Committee, Public Accounts Committee, Hluttaw
Privileges Committee and Governmental Obligations
Scrutinization Committee with Amyotha Hluttaw
representatives;
(b) the Amyotha Hluttaw shall form the Defence and
Security Committee if and when there is reason to
study and report on the Tatmadaw affairs in
addition to the defence and security affairs with
the Tatmadaw member Amyotha Hluttaw
representatives and determine the term of the
Committee;

                 PAGE   16             The British
Broadcasting Corporation, September 21, 1994
(c) the Amyotha Hluttaw shall form, as and when
necessary, Hluttaw Committees, with Amyotha
Hluttaw representatives to observe and submit
reports on legislation, administration, national
races, economic, financial, social and foreign
affairs as well as other affairs by determining
the terms of the committees;
(d) the Amyotha Hluttaw shall determine the
organization, duties, powers, rights and
privileges and tenure of Amyotha Hluttaw
Committees;
(e) the Amyotha Hluttaw shall, if the need arises
negotiate with the Pyithu Hluttaw, elect Amyotha
Hluttaw representatives and invest them with the
duties to be able to form a Joint-Committee with
equal number of representatives each from the
Amyotha Hluttaw and Pyithu Hluttaw. The
Joint-Committee shall hold office till the report
has been submitted to the respective Hluttaw;
(f) the Amyotha Hluttaw and the Pyithu Hluttaw
shall, if both Hluttaws have to investigate the
same matter except those mentioned above in
Sub-paras (a) and (b), form after coordinations
between the chairmen of the Hluttaws, a
Joint-Committee with equal numbers of
representatives each from the Amyotha Hluttaw and
the Pyithu Hluttaw. The Amyotha Hluttaw shall have
the power to elect members of the Joint-Committee
and invest duties and powers in them. The tenure
of the Joint-Committee is up to the time the
report has been submitted to respective Hluttaws;
2. (a) the Amyotha Hluttaw shall, if necessary,
form the Commission and Committees either with
Amyotha Hluttaw representatives or by including
suitable citizens;
(b) the Amyotha Hluttaw, in forming the necessary
Commission and Committees, shall prescribe the
number of members, duties, rights, privileges and
tenure of office of the Commission or Committees.
Esteemed Chairman, the prescribing of the tenure
of office of the Amyotha Hluttaw will be
explained. When the general elections are held the
electorate will generally elect representatives to
the Amyotha Hluttaw and Pyithu Hluttaw
simultaneously. It will be convenient to hold the
next general elections only when the tenures of
office of the Amyotha Hluttaw and the Pyithu
Hluttaw begin and end at the same time. Therefore,
the tenure of office of the Amyotha Hluttaw should
be the same as that of the Pyithu Hluttaw and
should end on the day the tenure of office of the
Pyithu Hluttaw ends...
Esteemed Chairman, according to the basic
principles laid down, the two Hluttaws, the Pyithu
Hluttaw and the Amyotha Hluttaw, form the
Pyidaungsu [Union] Hluttaw. The Pyidaungsu Hluttaw
is to be convened from time to time. It is to be
regarded that there is no reason for the
Pyidaungsu Hluttaw to be held every now and then
like the Pyithu Hluttaw and the Amyotha Hluttaw.
Therefore, it is not necessary to separately elect
the chairman and vice-chairman for presiding over
the Pyidaungsu Hluttaw sessions as the chairmen
and vice-chairmen of the Pyithu Hluttaw and
Amyotha Hluttaw can preside over the Pyidaungsu
Hluttaw alternately. If this is done the chairman
and vice -chairman of the Amyotha Hluttaw can act
as the chairman and vice-chairman of the
Pyidaungsu Hluttaw for half the term of 30 months
and then the chairman and vice-chairman of the
Pyithu Hluttaw can take over the responsibilities
during the remaining half...

                 PAGE   17             The British
Broadcasting Corporation, September 21, 1994
Division and state parliaments
Esteemed Chairman, the Division Hluttaws and State
Hluttaws shall promulgate necessary laws for their
respective divisions and states mainly within the
rights conferred upon them by the constitution. In
order to be able to do this, the Division Hluttaws
and State Hluttaws must have an appropriate number
of Hluttaw representatives. Therefore, in
accordance with the basic principles laid down,
the Division Hluttaws and State Hluttaws should be
formed with Hluttaw representatives elected
constituencywise in the respective divisions and
states, Tatmadawmen Hluttaw members nominated by
the C-in-C of the Defence Services and Hluttaw
representatives of national races which have an
appropriate population in the respective divisions
and states.
Hluttaw representatives for the Division Hluttaws
and State Hluttaws are to be elected townshipwise.
In so doing, it will be appropriate to elect two
Hluttaw representatives from each township in the
respective divisions and states to get an
appropriate number of Hluttaw representatives for
Division Hluttaws and State Hluttaws as previously
mentioned and they will represent their respective
townships.
Moreover, the Division Hluttaws and State Hluttaws
will also include Tatmadawmen Hluttaw
representatives nominated by the C-in-C of the
Defence Services. The number of the Tatmadawmen
Hluttaw representatives must also be prescribed.
It is also seen that the number of Tatmadawmen
Hluttaw representatives at Pyithu Hluttaw and
Amyotha Hluttaw should be one-third of the number
of elected Hluttaw representatives or in other
words one-fourth of the total number of Hluttaw
representatives . Similarly, the number of
Tatmadawmen Hluttaw members in Division Hluttaws
and State Hluttaws should be one-third of the
number of elected Hluttaw representatives or
one-fourth of the total number of Hluttaw
representatives.
Esteemed Chairman, a basic principle has been laid
down in connection with the right of
representatives of national races with an
appropriate population to participate in
legislature and administration to be able to carry
out the affairs of the national races concerned in
respective divisions, states, or self-administered
areas. In order to be able to do this the State
shall form a Commission and take steps.
Instead of the State forming a commission to
enable the right of representatives of national
races with appropriate population to participate
in legislature and administration to be able to
carry out the affairs of the national races
concerned in the respective divisions, states and
self-administered areas, if the delegates
prescribe right away the population required by
the respective national race to be able to become
a representative of national races affairs, the
national races will be satisfied...
Esteemed Chairman, in accord with the fundamental
principles being laid down, the self-administered
areas - the self-administered divisions or the
self-administered zones - will be entitled to
participate in the legislative functions within
the power vested in them. It is believed that the
work will be easy and quick if the
representatives-elect of the region or the state
and those of the executive committee cooperate to
carry out the legislative functions as contained
in the constitution for their own
self-administered area, instead of

                 PAGE   18             The British
Broadcasting Corporation, September 21,
1994.....functioning the tasks for the
self-administered division or the
self-administered zone by separate committees. I
will clarify the legislative functions of the
self-administered areas - self-administered
divisions and self-administered zones - when I
continue on the executive functions of the
self-administered areas.
Esteemed Chairman, the Pyithu Hluttaw, the Amyotha
Hluttaw and the region or the state Hluttaws have
to be constituted with Hluttaw representatives
stipulated in the constitution. The duties and
powers of Hluttaw representatives of these
Hluttaws have to be determined in a separate law
so as to enable them to carry out their tasks. As
regards determining the duties, powers and
privileges of the representatives of the Pyithu
Hluttaw, the Amyotha Hluttaw and the region and
the state Hluttaw, the detailed fundamental
principle should be laid down as follows:
- The duties, powers and privileges of the
representatives of the Pyithu Hluttaw, the Amyotha
Hluttaw and the region and the state Hluttaws
shall be prescribed by law.
Qualifications needed to become a member of
parliament
Esteemed Chairman, I have clarified some detailed
fundamental principles in connection with the
organization of legislative Hluttaws. I will
continue on laying down the detailed fundamental
principle in connection with the qualifications of
the representatives of these Hluttaws. First, I
will clarify the points to be considered for
prescribing the qualifications of the Hluttaw
representatives.
The age limit for a Hluttaw representative is a
minimum of 21 years in the 1947 constitution and
28 in the 1974 constitution. It was prescribed in
the Multiparty Democracy General Election Law
promulgated in 1989 that persons who have
completed the age of 21 and who are not contrary
to the provisions of the law can stand for
election as Pyithu Hluttaw representatives.
The Pyithu Hluttaw will promulgate necessary laws
for the nation and carry out duties as assigned to
it by the constitution in accordance with laws and
rules. Pyithu Hluttaw representatives who have to
undertake important duties of the State should be
experienced and knowledgeable persons.
It is observed that persons who have completed the
age of 25 years are believed to be experienced and
knowledgeable and so they are expected to forward
good advice and suggestions in dealing with the
affairs of the State and introducing laws. So, a
basic principle should be laid down in specific
detail prescribing the minimum age limit for a
Pyithu Hluttaw representative as 25 years.
Esteemed Chairman, the matter of Pyithu Hluttaw
representatives and their citizenship will be
clarified. Article 76 (1) of the 1947 constitution
provides: "Every citizen, who has completed the
age of 21 years and who is not placed under any
disability or incapacity by that constitution or
by law, shall be eligible for membership of the
Parliament" . Because of that provision,
foreigners who had become naturalized citizens
stood for election for membership of the then
Parliament. The 1974 constitution prescribes that
persons who are citizens born of parents both of
whom are also citizens are to stand for election
in order to prevent such cases from arising.

                 PAGE   19             The British
Broadcasting Corporation, September 21, 1994
The Pyithu Hluttaw and the Amyotha Hluttaw are the
highest bodies in our country to exercise
legislative power. These organizations should be
constituted with Hluttaw representatives who are
citizens born of parents both of whom are also
citizens.
So, a basic principle should be laid down in
specific detail that persons standing for election
as Pyithu Hluttaw representatives shall be
citizens born of parents both of whom are also
citizens.
Esteemed Chairman, a person who is going to stand
for election as Pyithu Hluttaw representative
should keep himself continuously informed of the
country's political, economic, administrative and
social developments. So, the person should have
resided in the country continuously for at least
ten years. Moreover, he should have met the
qualifications prescribed in the election law...
Factors ruling out a person's election to the
House of Representatives
Esteemed Chairman, in presenting matters in
connection with the laying down of basic
principles on prescribing the qualifications of
Pyithu Hluttaw representatives it is necessary to
present matters in connection with the laying down
of precise basic principles on persons who are not
entitled to stand for election as Pyithu Hluttaw
representatives. As the kind of persons who are
not entitled to stand for election is quite
obvious it will not be clarified but only the
precise basic principles which will be laid down
will be presented.
Therefore, a precise basic principle on those who
are not entitled to stand for election as Pyithu
Hluttaw representatives should be laid down as
follows:
- the following persons are not entitled to stand
for election as Pyithu Hluttaw representatives:
(a) persons serving prison terms, having been
convicted under sentence of a court for any
offence;
(b) whether before or after the commencement of
the constitution, a person who has been convicted
of offence ceases to be entitled to stand for
election as Pyithu Hluttaw representative unless
such a period prescribed by the authorities
concerned has elapsed;
(c) persons adjudged to be of unsound mind as
provided for in the relevant law;
(d) an undischarged bankrupt person;
(e) persons who are under any acknowledgement of
allegiance or adherence to a foreign power, or a
subject or a citizen of a foreign power;
(f) persons who are subjects of a foreign power, a
citizen of a foreign power, or entitled to the
rights and privileges;
 (g) individuals or members of organization who
obtain and make use of money, property, other
assistance from the government or religious
organizations or any other organizations of a
foreign country directly or indirectly;

                 PAGE   20             The British
Broadcasting Corporation, September 21, 1994
(h) individuals or members of an organization who,
for political purposes, use religion as an excuse
and utter, deliver speeches and make declarations
to vote or not to vote and who encourage and
incite such acts;
(i) members of a religious order;
(j) civil service personnel;
(k) individuals or members of organization who
obtain and make use of State fund, building,
vehicles, or property directly or indirectly ;
Proviso:
1. the expression State fund does not include the
pensions or the official monetary support given by
the State for services rendered for the benefit by
the State;
2. the expression building, vehicle, property
belonging to the State does not include buildings
and apartments belonging to the State which have
been used under any existing law or rented from
the State; aircraft, train, vessels and motorcars
belonging to the State which have been hired on
charges from the State;
(l) whether before or after the commencement of
the constitution a person found to be guilty of
offence or corrupt or illegal practice relating to
elections or who has failed to abide by the
election law and will be disqualified for election
as Pyithu Hluttaw representatives unless a period
has elapsed as may be specified by the authorities
concerned.
Tatmadawmen Pyithu Hluttaw representatives
nominated by the C-in-C of the Defence Services
also possess the qualifications prescribed for
Pyithu Hluttaw representatives.
So, regarding the qualifications of Tatmadaw
member Hluttaw representatives, it should be laid
down as a specific basic principle that -
Tatmadaw member representatives nominated by the
C-in-C of the Defence Services as Pyithu Hluttaw
representatives shall possess qualifications
prescribed for Pyithu Hluttaw representatives...
In prescribing the age of Amyotha Hluttaw
representatives, they should be persons who are
well acquainted with political, economic,
administrative and social affairs of the State and
be mature in experience. So, Amyotha Hluttaw
representatives should be persons who have fully
attained the age of 30.
Moreover, Amyotha Hluttaw representatives must
possess qualifications prescribed for persons who
will stand for election as Pyithu Hluttaw
representatives and should not be disqualified
under any of the conditions concerning persons who
have no right to stand for
election........




Michael Beer
mbeer@xxxxxxxxxxx