FIFTH-DAY meeting of
11th regular session of Second Pyidaungsu Hluttaw was held in the Main Hall of
the Pyidaungsu Hluttaw in Nay Pyi Taw and Hluttaw representatives debated an
urgent motion tabled by U Aung Kyi Nyunt of Magway Region constituency 4 to
form a Joint Committee consisting of Hluttaw members in order to expeditiously
implement steps to be taken towards amending the 2008 Constitution.
Daw Thandar of Einme
constituency stated that Myanmar as well as other countries of the world
occasionally amend, redraft or revise laws and have also made new enactments
which would suit the changing political, administrative, and economic systems
and conditions. Daw Thandar states that she solemnly supports this proposal.
She emphasises that this proposal is only a preliminary step towards amending
the Constitution in conformity with the wishes of all the ethnic nationals and
the people. She therefore urgently supports the proposal.
U Maung Myint of Mingin
constituency stated that he agreed in principle that the Constitution should be
amended but he stated that it needs to be done in conformity with the rules and
procedures. He stated that he could not accept steps that are taken in violation
of the procedures and laws. He objected to the statement made by a NLD party
member who claimed that works conducted at First Pyidaungsu Hluttaw amounted to
a precedent (which must be followed by the current Hluttaw). U Maung Myint
expressed his view that the claim made by the proposer of the motion that it
was done so in conformity with Rule 66 and that the proposal does not involve
sections 433, 434 and 435 of the Constitution is wrong. He stated that if the
constitution is to be amended sections 443, 444 and 445 of the constitution
cannot be put in abeyance.
U Maung Myint argued
that the motion was tabled as an ur- gent motion and it must meet the five
points stated under Pyidaungsu Hluttaw Rules 66 (a). Of the five, 66 (a) (2)
states that the urgent motion must be about a current or contemporaneous matter
and also that is an important matter affecting or involving the people which
requires the decision of the Hluttaw.
The Constitution was
adopted in 2008 and since then ten years had passed. As such, there is no
urgency in amending it and it is not acceptable to table an urgent motion on
this issue. Rule 66 (a) (3) of Hluttaw stated that urgent motions can be made
only for matters that could not be submitted and discussed in the Hluttaw in
the usual ways. U Maung Myint stated that could have in good faith be conducted
in conformity with Sections 433, 434 and 435 of the Constitution. Therefore U
Maung Myint stated that the motion does not meet the criteria of an urgent
motion.
The Constitution is our
Mother Law and Section 433 (a) specifically stated on amendment motion is to be
tabled as a bill. Hence tabling an urgent motion to form a committee to amend
violates the Constitution. Section 434 states that amendment is to be tabled to
the Pyidaungsu Hluttaw if there is an amendment bill, it has to be tabled to
the Pyidaungsu Hluttaw accordingly.
Section 435 stated that
if an amendment bill is tabled by 20 percent of the Hluttaw repre-sentatives,
Pyidaungsu Hluttaw is required to discuss the bill. He believed that it
shouldn’t be that difficult to get signatures of 20 percent of the Hluttaw
representatives.
Hluttaw is a top
legislative body and if Hluttaw itself doesn’t follow the laws and rules, it
will be a black mark in the history and thus he solemnly objected the motion
tabled by U Aung Kyi Nyunt in order that this black mark is not recorded in
history.
Daw Htu May of Rakhine
State constituency 11 said that the process to amend the Constitution must be
transparent and must be all inclusive. The committee to amend the Constitution
should include international experts, legal experts and representatives of
ethnic parties in the Hluttaw. For the sake of ethnic nationals, children,
women and elderly persons who are suffering from the ravages of war and for
those young persons whose lives were ended so prematurely, she solemnly
supports the urgent motion proposing the formation of a Joint Committee
consisting of Hluttaw members to expeditiously implement steps to be taken
to-wards amending the Constitution.
U Soe Htay of Kawkareik
constituency said when a democracy federal union is being established where
multi-party system is practised and amendment of the Constitution could not be
effected comprehensively, speedily and in a good way if done by a single
person, party or race. Only a joint committee comprising of such persons can
success-fully and smoothly achieve this task. Therefore he supports the motion
proposed by U Aung Kyi Nyunt.
Forming a Joint
Committee is a preliminary process towards amending the Constitution according
to the relevant laws and rules. Just as the Pyidaungsu Hluttaw came about from
the 2008 Constitution and being elected by the people it also has a concur-rent
duty amend the Constitution according to the wishes of the people. He supports
the motion to form the joint committee since it is a most practical way to
achieve the aim of amending the constitution.
U Lal Min Htan of Chin
State constituency 10 said that only through the timely amendments of certain
Constitutional provisions which ought to be amended can the people and country
develop expeditiously among the three pillars of government namely the
executive, the judiciary and the legislature the Pyidaungsu Hluttaw has the
duty to amend the Constitution. The motion is also being tabled in conformity
with rule 66 of the Pyidaungsu Hluttaw. After the Pyidaungsu Hluttaw discusses
and approves it, a Joint Committee consisting of Hluttaw members will be
formed. After the formation of the committee and based on the genuine desire of
the people the task of making necessary amendments to the provisions which
ought to be amended can systematically be implemented, only after such tasks
are being implemented the process of taking the necessary steps to amend the
constitutional provisions in accordance with Section 433, 434 and 435 can be
made. Based on these reasons U Lal Min Htan said he supported the motion.
U Win Kyaing of Bago
Region constituency 10 said by debating about and taking decisions regarding
this urgent motion would increase the trust between ethnic national forces who
are in the process of achieving peace and reconciliation. It could also help
over-come or resolve obstacles to achieve internal peace. Since this is the
most appropriate time and situation for the Pyidaungsu Hluttaw to consider,
debate and decide on the matter he welcomes and supports the motion made by U
Aung Kyi Nyunt.
U Sein Win of Maubin
constituency said that for the country to develop, the relationship between
ruler, the ruled and the Constitution must be fair and equitable. People’s
representation was weak when 2008 Constitution was drafted. There are also
weaknesses in check sand balances as it is being practised now. There are also
very little conformity with democratic standards and norms. Some of the points
stat-ed in the Constitution are inconsistent and contradictory with each other.
Under the current constitutional arrangements there are difficulties in
establishing a federal union system and thus Constitutional provisions need to
be amended. And to amend it properly and systematically a joint committee
should be formed.
A Constitution is
democratic only when the people themselves participated in drafting and
enacting it. Only then can there be an administrative system that benefits the
people. Now that the Hluttaw is being made with the genuine Pyidaungsu
representatives representing the people, it is about time that the constitution
be amended as demanded by the people.
That is why a joint
committee proposed by U Aung Kyi Nyunt should be formed to amend the laws that
lead towards a democracy system. Tatmadaw and all parties need to cooperate in
fulfilling the will of the people. If required and if the majority agrees, a
new one can be drawn up.
U La Mar Naw Aung of
Ingyanyan constituency stated that in the current circumstances is facing
difficulties politically, domestically, socially. Some of these difficulties
are due to external involvement but some are inherent internal problems. As the
systems and eras changes and develop, a policy of enhancing human values and
general welfare should be adopted the outdated principles which did not benefit
the people needs to be changed and improved upon. For the benefit of the people
and to support the establishment of a democracy and a Federal Union he supports
through the forming of a Constitution amendment Joint Committee.
Daw Wint War Tun of
Shadaw constituency happily welcomes and support the forming of a committee
consisting of multi-party, multi ethnic national brothers and sisters according
to law. The motion was clearly written and the proposer of the motion has also
clearly explained precisely and clearly. The State Counsellor said democracy
starts from the Hluttaw and Hluttaw ifself arose from the people. As this is
the first step of a process that had to be conducted for the benefits of the
people who are sovereign, all are urged to work in collective strength with the
welfare of the people and the country.
Dr. Myat Nyana Soe of
Yangon Region constituency 3 said 2008 Constitution had been studied and
reviewed repeatedly by organisations and entities within and outside the
Hluttaw. The fact that the constitution needs to be amended has to be accepted
unexceptionally as they reflect the true wish of the people. The proposer of
the motion has already stated that the formation of the committee does not
violate or involve Sections 433, 434 and 435 of Chapter XII of the
Constitution.
The work concerning
constitutional amendment shouldn’t be conducted by a single person, party or
organisation. It must be all inclusive. Whenever amendment is mentioned people
only see Chapter XII which deals with Amendment of the Constitution. But the
sections in the Chapter does not restrict formation of a joint committee. It is
not appropriate that exclusive focus is made only on the world “amendment”.
Pyidaungsu Hluttaw is
to determine who are to participate, what are the terms of reference and
duration of the committee and other conditions. In order to eventually produce
a draft bill where the members after the Hlut-taw members consult and
coordinate with each other the formation of a joint committee is a necessity.
The Constitution must
reflect the will of the people and conform to the wishes of ethnic nationals.
It should be also goes hand in hand with the eternal peace that is being sought
through the auspices of the 21st Century Panglong Conference. Now is the time
when the will of the people need to be fulfilled by our Pyidaungsu Hluttaw
representatives. Now is the historic time to create history to there is a need
to world hand in hand with the people said Dr Myat Nyana Soe.
The motion was debated
by U Wai Sein Aung of Rakhine State constituency 1, U Sai Tun Aye of Mongshu
constituency, Daw Mi Kun Chan of Paung constituency, U Tin Aye of Metmung
constituency, U Myint Naing of Rakhine State constituency 5, Daw Ni Ni May
Myint of Taungup constituency, U Oo Hla Saw of MraukU constituency, U Hla Oo of
Sagaing Region constit-uency 4, U Thaung Aye of Pyawbwe constituency, U Nyi
Sein of Shan State constituency 5, U Nay Lin Aung of Mindat constituency, U Tin
Aung Tun of Magway Region constituency 5, U His Hu Dwe of Kachin State
constituency 2, U Kyaw Aung Lwin of Sedoktara constituency, U Thine Tun of
Kyaung-gon constituency, U Na-ing Thiha of Mon State constituency 7, Dr. Khun
Win Thaung of Kachin State constituency 11, U Sai Thant Zin of Hsipaw
constituency, U Sai Oo Khem of Hsenwi constit-uency and U Win Htoo of Namsang
constituency.
The sixth day meeting
of the 11th regular session of the Second Pyidaung Hluttaw will be held today.
Aung Ye Thwin, Aye Aye
Thant (MNA)
PHOTO: MNA
(Translated by Zaw Min
and Myint Zan)
Ref; The Global New
Light of Myanmar
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