Chairman and Members of the National Convention Convening Work Committee read out the clarification on laying down detailed basic principles for the Chapters “Election” and Political Parties” for drafting the State Constitution made by the 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-elect, 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 delegates, delegates from Shan State (North) Special Region-1, Shan State (North) Special Region-2, Shan State (North) Special Region-3, Shan State (East) 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 Chairman Chief Justice U Aung Toe made clarification on adoption of detailed basic principles for the Chapter “Election” in drafting the State Constitution.
Next, Vice-Chairman of NCCWC Attorney-General U Aye Maung presented clarification made by the chairman on adoption of detailed basic principles for the Chapter “Election” in drafting the State Constitution.
The Plenary Session then went into recess. When the Plenary Session resumed at 10.25 am, Secretary of NCCWC U Thaung Nyunt presented clarification made by the chairman on adoption of detailed basic principles for the Chapter “Election” in drafting the State Constitution.

The following is the clarification and presentation made at the Plenary Session of the National Convention held in Nyaunghnapin Camp, Hmawby Township, Yangon Division by the Chairman, the Vice-Chairman and the Secretary of the National Convention Convening Work Committee on detailed basic principles for the Chapter “Election” to be included in drafting the State Constitution.

Mr Chairman and delegates,
The National Convention designated 15 chapters first for ensuring a systematic approach to the laying down of basic principles and detailed basic principles to draft a new State Constitution. The Chapter “Election” is one of the 15 Chapters, and two basic principles have been laid down for it.

(a) Every citizen shall have the right to vote and to stand for election according to law.
(b) Voters concerned shall have the right, in accord with provisions of the State Constitution, to recall elected people’s representatives.

The sphere of these basic principles is quite wide. Accordingly, based on these two basic principles, it is required of the National Convention to lay down detailed basic principles for the Chapter.
Only then, will it be possible to comply with the rules and regulations in writing and adopting the provisions on election stated in the State Constitution and related laws on election.

Mr Chairman,
Every nation exercising the multi-party democracy system prescribes necessary basic principles in the State Constitution concerned to ensure that every citizen has equal right to vote and to stand for election in accord with the law.
After making a careful study on these provisions, it is perceived:

(a) the right of citizens to elect people’s representatives who represent them in accord with the law;
(b) the right of citizens to stand for election as people’s representatives in accord with the law;
The right stated in paragraph (a) covers all the citizens who have the right to vote. In the process, it is required to fix first the eligible age to vote, in accord with the law. Based on their conditions, some countries fixed the voting age of the citizens 18 or 21 years.
In Myanmar, the voting age is 18 years. People at the age of 18 are mature and intellectual enough to distinguish between good and bad. Paragraph (2) of the Section 76 of the 1947 Constitution says,
“Every citizen, who has completed the age of eighteen years and who is not disqualified by law and complies with the provisions of the law regulating elections to the Parliament, shall have the right to vote at any election to the Parliament”.
Parliament Election Act 23 promulgated in 1948 based on the provisions of that constitution prescribes,
“Subject to the provisions of this Act, every citizen normally living in a constituency and having attained the age of 18 on the date designated by the President is qualified to be on the list of voters”.
Article 174 of the 1974 constitution says,
(a) Citizens shall directly elect people’s representatives by secret ballot.
(b) Every citizen who has attained the age of eighteen years shall have the right to vote.
(c) All citizens who have the right to vote shall enjoy equal voting rights.”
Therefore, regarding the right to vote in accord with the tradition of bestowing voting right on every citizen who has turned 18 and who is qualified by law, discussions are to be held and suggestions to be made whether the point:
“Every citizen who has turned 18 on the date on which elections commence, who is not disqualified by law, who is eligible to vote, and who has the right to vote under the law, shall have the right to vote.” should be adopted as a detailed basic principle.

Mr Chairman,
It is found that the nations practicing the multi-party democracy system use ballot in electing people’s representatives.
Our country will have to exercise the multi-party democracy system under the basic principles the National Convention has laid down. So, our country should practice ballot in electing people’s representatives.
Therefore, regarding ballot, discussions are to be held and suggestions to be made whether the point:
“Ballot shall be exercised.”
should be adopted as a detailed basic principle.

Mr Chairman,
All those who have the right to vote should be entrusted with the right to elect people’s representatives who represent them. But, members of the Religious Order should not enjoy such a right, nor should persons serving prison terms, persons adjudged to be of unsound mind as provided for in the relevant law, persons who have not yet been cleared from being declared destitute, and those who are banned from voting under the election law.
Therefore, discussions are to be held and suggestions to be made whether the point:

“The following persons shall have no right to vote—
(a) members of the Religious Order;
(b) persons serving prison terms;
(c) persons adjudged to be of unsound mind as provided for in the relevant law;
(d) persons who have not yet been cleared from being declared destitute; and
(e) persons who are banned from voting under the election law.”
should be adopted as a detailed basic principle.

Mr Chairman,
In the interests of the electorate concerned, a candidate should stand for election at the constituency only he has already planned, rather than doing so again at another constituency.
The elections held under the 1947 Constitution took place region-wise instead of simultaneously across the nation. In consequence, although a candidate had lost at a parliamentary election in a constituency, he had the right to stand for election again at another constituency. So, it is found that such right is a barrier to electing a real people’s representative who wins admiration of the people. Taking lessons from such undesirable incidents, a candidate should be given opportunity to stand for only an election for a Hluttaw at a constituency in practising a discipline-flourishing democratic system.
Therefore, the point:

“At an election, a candidate—
(a) shall be elected to one Hluttaw only.
(b) shall stand for election at one constituency only.”
should be adopted as a detailed basic principle.

Mr Chairman,
Some of the detailed basic principles the National Convention has laid down are connected with the delineation of the boundaries of Union territories. The Union territories will be under direct rule of the President, and the Pyidaungsu Hluttaw will have to prescribe necessary laws for Union territories. So, electorate of the Union territories no longer need to elect Hluttaw members to the Region or State Hluttaw, and will have to elect Hluttaw members to the Pyithu Hluttaw and the Amyotha Hluttaw, the two legislative bodies of the Pyidaungsu Hluttaw.
According to the detailed basic principles laid down for electing members of the Amyotha Hluttaw, the Amyotha Hluttaw will be made up of a representative from Self-Administered Division or Self-Administered Region along with 12 Amyotha Hluttaw representatives each from a Union territory, region or state and Tatmadaw member Amyotha Hluttaw members.
Accordingly, 12 members each from a Region or State or a Union territory will be elected. In the process, after due number of constituencies for the Amyotha Hluttaw is fixed, electorate living in a Union territory concerned will have to elect 12 Amyotha Hluttaw members each.
And electorate of the constituencies concerned will have to elect Pyithu Hluttaw members.
So, a detailed basic principle “Electorate living in the Union territories shall elect Pyithu Hluttaw members” should be adopted.
Moreover, after a Region or State Hluttaw member from a township or constituency in a Region or State is elected, and that township or constituency is prescribed under extraordinary circumstances as a Union territory by the Pyidaungsu Hluttaw with respect to national defence, security, administration, and economic affairs, the said township or constituency will be under direct rule of the Union President.

In this regard, the Pyidaungsu Hluttaw is solely responsible to prescribe necessary laws for that township or constituency. And the Region or State Hluttaw no longer needs to prescribe necessary laws for that township or constituency. So, it needs to decide whether a Region or State Hluttaw member elected in that township or constituency should continue to stand as a Region or State Hluttaw member.

It is found that when the Pyidaungsu Hluttaw needs to prescribe law to delineate a Union territory regarding the right of an elected Region or State Hluttaw member to continue to stand as the Region or State Hluttaw member due to the designation of the constituency that has elected him, as a Union territory other than the fact he is no longer allowed to stand as a Region or State Hluttaw member due to his disqualifications or violation of any provision of the Constitution, that point should be taken into consideration to promulgate a law. In addition, save as otherwise provided by this Constitution, such Region or State Hluttaw member should no longer be allowed to stand as a Region or State Hluttaw member.

Therefore, regarding elections for Union territories, discussions are to be held and suggestions to be made whether the point:
“(a) Electorate living in the Union territories, or the Union territories designated by the Pyidaungsu Hluttaw under the law, shall elect members of the Pyithu Hluttaw and the Amyotha Hluttaw only.
(b) Save as otherwise prescribed by the Constitution, a Region or State Hluttaw member elected in a constituency that the Pyidaungsu Hluttaw has designated as a Union territory shall no longer stand as a Hluttaw member”
should be adopted as a detailed basic principle.

Mr Chairman,
An already-laid down basic principle on election has bestowed rights on every citizen to vote and to stand for elections in accord with the law. Every citizen can enjoy such rights only when these rights are manifested in the Constitution.
Therefore, the rights of citizens to stand for elections, discussions are to be held and suggestions to be made whether the point:
“Every citizen who is not disqualified by the provisions of this Constitution and the provisions of the law regulating elections shall have the right to stand for election to a Hluttaw” should be adopted as a detailed basic principle.

Mr Chairman,
One of the already-laid down detailed basic principles regulating election says, “Electorate concerned shall, in accord with the provisions of the State Constitution, have the right to recall the elected people’s representatives”. Necessary procedures to recall an elected people’s representative should be prescribed in this Constitution, so that these procedures can be used as references in promulgating laws regulating election. The National Convention will have to adopt necessary detailed basic principles regarding such procedures. Section 78 of the 1947 Constitution prescribes:
“The Parliament may by law prescribe the conditions under and the manner in which a member of either Chamber of Parliament may be recalled”.
In this regard, although power to recall a people’s representative was vested, the then parliament failed to promulgate a law on recall. So, it is perceived that the right bestowed by the then State Constitution could not be exercised.
Article 187 of the 1974 Constitution prescribes:
“Any organ of State or the people who have elected and assigned duties to a people’ representative or an organ wishing to recall such representative or organ for any of the following reasons, shall have the right to do so in accord with law:
(a) violation of any provision of the Constitution;
(b) inefficient discharge of duties; or
(c) misbehavior”.
In accord with the provisions of that Constitution, the Pyithu Hluttaw promulgated the law on recall under Pyithu Hluttaw Law No 13 in 1975. The law carried procedures to be abided by in recalling people’s representatives, and members of people’s council, and organizations or members of the Pyithu Hluttaw or people’s councils at all levels.

Mr Chairman,
A Hluttaw member is, indeed, a person on whom the people can place reliance. So, the electorate concerned should be vested with the right to recall the Hluttaw member they have elected if he has betrayed the State, violated a provision of the Constitution, or committed a misbehaviour. In this regard, the maximum number of the voters necessary to recall a Hluttaw member should be fixed. In doing so, the required maximum number will be neither so many nor so few if the quorum is fixed one percent of all the voters.
So, if the wish arises to recall a Hluttaw member, the complaint about the Hluttaw member endorsed by at least one percent of the initial number of the voters of the constituency concerned should be submitted to the Election Commission.
After receiving such complainant document, the Election Commission should conduct an investigation into the case in accord with the law. In the process, the Hluttaw member concerned should be vested with the right to rebut the accusation in person or through a representative.
If the commission finds the accusation true and considers that the Hluttaw member should no longer serve as a Hluttaw member, the commission should take action in accord with the law on recall.
Therefore, regarding the procedures on recall, discussions are to be held and suggestions to be made whether the point:
“(a) A Hluttaw member may be recalled for any of the following reasons—
(1) treason;
(2) violation of any provision of the Constitution;
(3) misbehaviour;
(4) lack of qualifications prescribed in the Constitution for a Hluttaw member;
(5) inefficient discharge of duties.
(b) Complaint about the Hluttaw member endorsed by at least one percent of initial number of the voters of the constituency concerned shall be submitted to the Pyidaungsu Election Commission.
(c) Pyidaungsu Election Commission shall conduct investigation into the case in accord with the law.
(d) While the case is under investigation, the Hluttaw member concerned shall have the right to rebut the accusation in person or through a representative.
(e) The Pyidaungsu Election Commission shall, finding the accusation true and considering the Hluttaw member should no longer carry out duties, take action in accord with the law” should be adopted as a detailed basic principle.
Mr Chairman,
A State Constitution carries basic principles and detailed basic principles on election and recall. In respect of election, at present, Myanmar practises the system of electing one Hluttaw member from a constituency each. However, many countries have made the system of setting up a large constituency to elect more than one Hluttaw member, and designating the number of Hluttaw members in proportion to the votes. So, to catch up with the changes, necessary laws should be prescribed in accord with the resolutions of the Pyidaungsu Hluttaw.
Therefore, regarding election and recall, discussions are to be held and suggestions to be made whether the point:
“The Pyidaungsu Hluttaw shall prescribe necessary laws on election and recall.” should be adopted as a detailed basic principle.

Mr Chairman,
One of the six objectives prescribed in basic principles the National Convention has laid down is “Flourishing of a genuine multi-party democracy system”. It means the part “election” plays a major role in a bid to ensure flourishing of a genuine multi-party democracy system. Therefore, two basic principles on election—“Every citizen shall have the right to vote and to stand for election in accord with the law” and “Electorate concerned shall, in accord with the provisions of the State Constitution, have the right to recall the elected people’s representatives” have been laid down. So, it is required to form an organization to implement the laws prescribed in accord with the already-laid down policies.
Furthermore, in the exercise of the multi-party democracy system, political parties will be formed. Regarding political parties, the National Convention has laid down the basic principle “The State shall prescribe necessary laws to systematically form political parties for ensuring flourishing of a genuine multi-party democracy system”.
So, a Pyidaungsu Election Commission should be formed to implement functions on election as well as the laws on political parties. Now, presentation will be made on the persons and organizations that organized the elections in our country.
The Myanmar (Administration) Act 1935 came into force on 1 April 1937, and it was exercised for five years till the beginning of World War II. It can be said to be the first important experiment for a Dominion-like democratic government. Then, broader right to vote and to stand for election were bestowed after promulgating laws, byelaws and orders on election. To organize the elections, duties were assigned to newly-appointed officers for election rather than formation of a commission or organizations.
During the post-war period and the post-independence period, an election commissioner for elections was appointed and elections were held under his management and supervision. Usually, joint secretaries from the Ministry of Justice were appointed as election commissioners.

Mr Chairman,
The previous parliament promulgated an Election Commission Act in 1961. Under that Act, the joint sitting of the two parliamentary Hluttaws of the Union of Myanmar held on 20 March 1961 made an approval to appoint election commission members. The then President sought the view of the Supreme Court of the State under Section 151 of the State Constitution. In response to the proposal of appointing election commissioners, the Supreme Court of the State gave its view to seek again the approval from the joint sitting of the two Hluttaws.
Under the Constitution Act (second) and Amendment Act (1961 Act VII), “Chapter 6-Elections” regulating election was prescribed after making many amendments to Section 113. Section 113 (b) (1) prescribed, “An election commission shall be formed with a chief election commissioner and not more than four other election commissioners appointed under the order signed by the President with the approval of the joint sitting of the two parliamentary Hluttaws. Section 113 (b) (2) prescribed, “Should need arise, the President shall appoint a chief election commissioner and the election commissioners on the date on which the parliament is dissolved. However, the approval of the joint sitting of the two parliament Hluttaws for that appointment shall be sought at the first session of the next parliament”.
And Section 113 (a) prescribed, “Supervisory, directing and administrative powers shall, regarding making lists of voters, holding parliament elections, and holding elections without infringing the provisions of this Constitution or work programmes and bye-laws of the two parliamentary Hluttaws or the provisions of Presidential Election Act 1949 for any election, be vested in the Election Commission formed under Section 113 (b)”.

Mr Chairman,
In view of the points that have been presented, it can be noticed that now is at a turning point in the history of elections in Myanmar. In the past, the person appointed as the election commissioner was vested with exclusive power to take responsibilities for the elections. And due to the amendments to Section 113, such a task was carried out by a group consisting of a Chief Election Commissioner and election commissioners. The oneyear- old election commission formed under the amendments to the section comprised Thadoe Thiri Thudhamma U Tin as Chief Election Commissioner and Thadoe Maha Thayay Sithu U Chan Tun Aung and Wunna Kyaw Htin U Ohn Pe as election commissioners. Section 113 indicated that in the Myanmar election history, the system of solely taking responsibilities for elections was transformed into the system of taking responsibilities by a commission alone.

Mr Chairman,
The Revolutionary Council assumed State responsibilities on 2 March 1962. Then, it drafted the State Constitution and formed the Referendum Commission under Notification No.105 comprising U Dein Ratan as chairman and 25 members in accord with the referendum law to adopt the State constitution.
After adopting the 1974 Constitution of the Socialist Republic of the Union of Myanmar, the Revolutionary Council formed the first commission for electing Pyithu Hluttaw and Pyithu Councils at different levels comprising Chairman U Soe Ya and 26 members under Notification No. 107 on 17 December 1973 to the first election of people’s representatives to the Pyithu Hluttaw and people’s councils at all levels.
That Commission then formed sub-commissions at state and division, township, ward and village-tract levels in accord with the law to enable the people to elect people’s representatives. The first, second, third and fourth Pyithu Hluttaw meetings formed commissions for electing Pyithu Hluttaw and people’s councils at different levels to organize the elections.
The fourth Pyithu Hluttaw meeting held on 11 September 1988 formed the Multi-Party Democracy General Election Commission to complete the multiparty democracy elections. However, the situation of the nation was deteriorating day by day and the nation was on the verge of collapse. So, the Tatmadaw had to take up the State responsibilities on 18 September 1988. Then, the Tatmadaw formed the State Law and Order Restoration Council. In its Notification No. 1/88 dated 18 September 1988, the SLORC said that the then election commission would remain in force for successful completion of the multi-party general elections.

Mr Chairman,
The 1947 Constitution and the constitutions of some countries prescribe formation of election commissions, and qualifications, responsibilities and rights set for commission members.
Our nation is going to exercise the disciplineflourishing democratic system, so elections for the Pyithu Hluttaw, the Amyotha Hluttaw, and the Region or State Hluttaw will be held from time to time, and tasks for holding elections will be carried out continuously. In addition, there will be many tasks such as formation of sub-commissions at different levels to supervise the work, designation of constituencies, taking arrangements, making lists of voters. Therefore, a permanent Pyidaungsu Election Commission should be formed and a chairman and members should be appointed to the Commission in accord with the law.
The Pyidaungsu Election Commission will have to supervise electoral work and should scrutinize and assess the notes of electoral complaints. Moreover, political parties should be under control by means of prescribing bye-laws in accord with the provisions of this Constitution and procedures and directives in accord with the laws concerned.
With respect to assigning duties to the chairman and members of the Pyidaungsu Election Commission, the President should appoint at least five members including the chairman of the Pyidaungsu Election Commission in accord with the provisions relating to the appointment of Union minister stated in the Constitution.

Mr Chairman,
The chairman and members of the Pyidaungsu Election Commission should have due qualifications. Having to carry out demanding tasks, such persons should be the ones with security outlook, political outlook, legal outlook and administrative outlook. And they should be the ones who are well-experienced with prestige and good characters. Besides, such persons should be the ones age above 50 years.
The National Convention has designated qualifications to be possessed by a Pyithu Hluttaw member, as well as disqualifications, with which a person cannot stand for election to the Pyithu Hluttaw, as detailed basic principles. In accord with these policies, a detailed basic principle should be adopted that except the restriction on age, a Pyithu Hluttaw member shall possess due qualifications.

Mr Chairman,
The chairman and members of the Pyidaungsu Election Commission will have to take responsibilities for elections stipulated in the Constitution. So, such persons are the ones loyal to the State and the people. And they should not be members of a political party so that they will be able to carry out electoral tasks without attachment to their parties and factionalism. So, the chairman and members of the Pyidaungsu Election Commission should not be Hluttaw members. The chairman and members of the Pyidaungsu Election Commission need to carry out their tasks in consistency with the law, so except the positions in the Commission, they should not accept any other positions through which they can enjoy salaries and allowances.
Therefore, regarding the formation of Pyidaungsu Election Commission, discussions are to be held and suggestions, to be made to decide the points:
“(a) The President shall form a Pyidaungsu Hluttaw Election Commission. In the process, he may appoint at least five members including the chairman of the Pyidaungsu
Election Commission in accord with the provisions on appointment of Union minister stated in the Constitution.

(b) The chairman and members of the Pyidaungsu Hluttaw Election Commission shall be the ones who —
(1) have turned 50 years of age.
(2) meet, except age limit, requirements set for Pyithu Hluttaw members.
(3) (aa) have served in the post of Union Chief Justice or Union supreme court judge; Region or State High Court judge or in a position equivalent to the post of Region or State High Court judge at least five years; (or)
(bb) have served in the post of judicial officer or law officer that is not lower than Region or State level for at least 10 years; (or)
(cc) have practised law as the advocate for at least 20 years; (or)
(dd) are deemed to be celebrities with prestige by the President.
(4) are well-experienced with good characters.
(5) comply with provisions, with which they have no right to stand for election as Pyithu Hluttaw members.
(6) are loyal to the State and the people.
(7) are not members of a political party.
(8) are not Hluttaw members.
(9) do not accept any other positions from which they can enjoy salaries and allowances.” should be adopted as detailed basic principles.

Mr Chairman,
We can notice that the Pyidaungsu Election Commission plays a key role in the drive for the emergence of genuine multi-party democracy system with flourishing discipline. Under the future State Constitution, elections will be held in accord with the law to elect members to the Amyotha Hluttaw, the Pyithu Hluttaw and the Region or State Hluttaw. The Pyidaungsu Election Commission will have to discharge these functions and to supervise the tasks in accord with the law to ensure free and fair elections. Elections will be held across the nation, so sub commissions at different levels will have to supervise the electoral procedures to ensure smooth operation of elections.
So, the Election Commission should be vested with powers such as holding elections to Hluttaws, supervising tasks for elections to Hluttaws, and supervising the work of sub-commissions at all levels.

Mr Chairman,
Under the future State Constitution, the people will have to elect members of the Amyotha Hluttaw, the Pyithu Hluttaw and the Region or State Hluttaw in accord with the law. In the process, 12 Amyotha Hluttaw members will be elected from each Region or State including Union territories. And 330 members from across the nation will be elected to the Pyithu Hluttaw in accord with the law based on the population and the situations of the township concerned. In addition, two members each from the townships will be elected to the Region or State Hluttaw.
National races will enjoy the right to elect representatives of national races who will represent them as Region or State Hluttaw members in accord with the law.
So, constituencies will have to be designated for the Hluttaw concerned. In the process, the Pyidaungsu Hluttaw should take responsibilities for ensuring smooth functions in designating constituencies in proportion to the population and the township concerned.
So, tasks for designation of constituencies and making arrangements should be vested in the Election Commission.

Mr Chairman,
One of the most important tasks for an election is to make lists of voters. Only when all the eligible voters are put on the lists of voters, can the people enjoy a fundamental right to elect people’s representatives in accord with the law who represent them. Those who have the right to vote by law should be vested with the right to vote.
So, the Election Commission should be assigned duties to make lists of voters that will guarantee that all the citizens eligible to vote and all the citizens who have the right to vote by law have the right to vote. The Pyidaungsu Election Commission should also be entrusted with the duties to make preparations so that amendments can be made occasionally to the lists of the voters.

Mr Chairman,
As I have presented, the Pyidaungsu Election Commission is going to hold free and fair elections in accord with the law in our country to elect members to the Amyotha Hluttaw, the Pyithu Hluttaw, and the Region and State Hluttaw.
In this regard, the Pyidaungsu Election Commission will have to put off the elections that are not in a position to be held in a free and fair way in some constituencies due to natural disasters or the situation of regional security.
So, the Pyidaungsu Election Commission should be given duties to put off the elections that cannot be duly held in a free and fair way in some constituencies due to natural disasters or regional security.

Mr Chairman,
The Pyidaungsu Hluttaw will have to prescribe necessary laws on elections and political parties. These necessary laws will be prescribed in brief. So, only when detailed facts about the necessary laws are issued through bye-laws, procedures and directives, will the bodies at all levels be able to complete their functions effectively across the country.
So, the Pyidaungsu Election Commission should be given responsibilities to issue necessary laws on election and political parties in accord with the provisions of this Constitution and procedures and directives in accord with the laws concerned.

Mr Chairman,
In holding elections, only a Hluttaw member will be elected from a constituency each. So, more than one candidate can stand for an election in a constituency. Naturally, winners are satisfied with the election results, whereas some losers complain about the results. So, electoral benches are to be formed in accord with the law to approach such electoral disputes.
So, the Pyidaungsu Election Commission should be vested with the responsibility to form election benches to resolve electoral disputes.

Mr Chairman,
The Pyidaungsu Election Commission will have to discharge electoral procedures in addition to its original duties prescribed in the State Constitution. In addition, it will have to carry out duties prescribed from time to time under the laws by the Pyidaungsu Hluttaw.
So, a point “discharging duties assigned under a law” should be prescribed in the duties of the Election Commission.
Therefore, regarding designation of duties of the Pyidaungsu Election Commission, discussions are to be held and suggestions to be made whether the points:
“Duties of the Pyidaungsu Election Commission are as follows:
(a) holding Hluttaw elections;
(b) supervising Hluttaw elections, and forming and supervising sub-commissions at all levels;
(c) designating and arranging constituencies;
(d) making and arranging lists of voters;
(e) putting off elections that are not in a position to be held in a free and fair way in some constituencies due to natural disasters or local security;
(f) issuing necessary laws on election and political parties in accord with the provisions of this Constitution and procedures and directives in accord with the laws concerned;
(g) forming electoral benches to resolve electoral disputes;
(h) discharging duties assigned under a law.” should be adopted as a detailed basic principle.

Mr Chairman,
A member of any organization to be formed under the future Constitution can be blamed and charged for any of the following reasons:
(1) treason;
(2) violation of any provision of the Constitution;
(3) misbehaviour;
(4) lack of qualifications set by the Constitution for a Hluttaw member;
(5) inefficient discharge of duties.
The chairman or a member of the Pyidaungsu Election Commission should also be blamed and charged for any of these reasons. So, if the President has to put blame on or charge the chairman or a member of the Pyidaungsu Election Commission, he should do so in accord with the provisions prescribed in the State Constitution on blaming the Union Chief Justice or any of Union Supreme Court judges.
Therefore, regarding the matters on blaming and charging the chairman or a member of the Pyidaungsu Election Commission, discussions are to be held and suggestions to be made whether the points:
“If the President has to blame and charge the chairman or a member of the Pyidaungsu Election Commission, he shall do so in accord with the provisions prescribed in this Constitution on blaming the Union Chief Justice or any of Union Supreme Court judges”
should be adopted as a detailed basic principle.

Mr Chairman,
If the chairman or a member of the Pyidaungsu Election Commission in service wish to resign of his own accord due to his health condition or any of other reasons, he should have the right to do so.
Therefore, regarding resignation of a member of the Pyidaungsu Election Commission, discussions are to be held and suggestions to be made whether the points:
“If the chairman or a member of the Pyidaungsu Election Commission in service wish to resign of his own accord due to his health condition or any of other reasons, he may submit his resignation to the President” should be adopted as a detailed basic principle.

Mr Chairman,
If the seat of the chairman or a member of the Pyidaungsu Election Commission is vacant due to resignation, termination of responsibilities, death, or any of other reasons, the President should appoint a new chairman or a member of the Pyidaungsu Election Commission in accord with the provisions on appointment of a Union minister enumerated in the State Constitution.
Therefore, regarding a vacant seat of the chairman or a member of the Pyidaungsu Election Commission, discussions are to be held and suggestions to be made whether the points:
“If the seat of the chairman or a member of the Pyidaungsu Election Commission is vacant due to resignation, termination of responsibilities, death, or any of other reasons, the President may appoint a new chairman or a member of the Pyidaungsu Election Commission in accord with the provisions on appointment of a Union minister enumerated in the State Constitution.” should be adopted as a detailed basic principle.

Mr Chairman,
Vacant seats of the chairman or members of the Pyidaungsu Election Commission should be filled with qualified persons from both inside or ourside State service. One of the requirements set for the chairman or members of the Pyidaungsu Election Commission says, “The chairman and members of the Pyidaungsu Hluttaw Election Commission shall be the ones who do not accept any other positions from which they can enjoy salaries and allowances”. So, if the chairman or members of the Pyidaungsu Election Commission is a government employee, he should retire in accord with existing civil service rules and regulations.
Therefore, regarding measures to be taken if the chairman or a member of the Pyidaungsu Election Commission is a government employee, discussions are to be held and suggestions to be made whether the point:
“If the chairman or a member of the Pyidaungsu Election Commission is a government employee, he shall be deemed to have resigned from civil service in accord with the existing civil service rules and regulations from the date he is appointed as the chairman or a member of the Pyidaungsu Election Commission.”
should be adopted as a detailed basic principle.

Mr Chairman,
The bodies and persons, who organized the elections held in Myanmar under the 1947 Constitution, had to supervise electoral procedures, while the electoral benches heard the electoral disputes and took action.
However, the commissions for electing the Pyithu Hluttaw and people’s councils at different levels formed under the 1974 Constitution scrutinized and handled the notes of electoral complaints in accord with the law in addition to electoral procedures.
The ongoing Multi-party Democracy General Election Commission carries out electoral procedures, and the electoral benches the government formed scrutinize and handle the notes of electoral disputes.
Some of the members of the Pyidaungsu Election Commission to be formed under the future State Constitution possibly be legal experts. So, benches should be formed in accord with the law to complete electoral procedures and to handle the notes of electoral complaints in accord with the law.
Such a commission formed with competent members will be able to make correct decisions in accord with the law on matters in connection with elections and political parties. So, the Commission’s decision should be final.
Therefore, regarding decisions of the Pyidaungsu Election Commission, discussions are to be held and suggestions to be made whether the point:
“The Pyidaungsu Election Commission’s action and measures over the following matters shall be final:
(a) electoral procedures;
(b) appeals and amendments on electoral benches’ decisions and orders;
(c) matters taken under political party law.” should be adopted as a detailed basic principle.

Mr Chairman,
The Pyidaungsu Election Commission will have to organize elections across the nation, supervise electoral procedures for ensuring free and fair elections, form and supervise the tasks of sub-commissions at different levels, designate and arrange constituencies, make and arrange lists of voters, put off the elections that are not in a position to be held in a free and fair way in some constituencies due to natural disasters or the situation of local security, form electoral benches in accord with the law to scrutinize and settle electoral disputes, and discharge duties assigned to it under a law. Our nation is on the correct path towards the multi-party democracy system. So, it will also have to issue the political party law in accord with the provisions of the State Constitution, and procedures and directives in accord with the laws concerned to take systematic control over the political parties. So, a detailed basic principle should be adopted to be able to refer to responsibilities, powers and rights of the chairman and members of the Pyidaungsu Election Commission in prescribing laws to designate their responsibilities, powers and rights.
In laying down detailed basic principles, the role of the Union Chief Justice is designated to be equivalent to the position of a Vice-President and the role of the Union Supreme Court Judge, to the position of a Union minister. So, the role of the chairman of the election commission should be designated to be equivalent to the position of the Vice-President, and the role of a member, to the position of a Union minister.
That matter should be prescribed in a separate law instead of adopting it as a detailed basic principle in the State Constitution.
Therefore, regarding the designation of responsibilities, powers and rights of the chairman and members of the Pyidaungsu Election Commission, discussions are to be held and suggestions to be made whether the points:
“Responsibilities, powers and rights of the chairman and members of the Pyidaungsu Election Commission shall prescribed by law.”
“The role of the chairman of the Pyidaungsu Election Commission is designated to be equivalent to the position of a Vice-President, and a member, to the position of a Union minister in order to make referenceto responsibilities, powers and rights of the chairman and members of the Pyidaungsu Election Commission in prescribing laws” should be adopted as a detailed basic principle.

Mr Chairman,
Presentation has been made on the points that should be laid down as detailed basic principles for the Chapter “Election”. A collection of these points putting together will be made for your convenience in studying them.
1. In electing members to Hluttaw—
(a) Every citizen who has turned 18 on the date on which elections commence, who is not disqualified by law, who is eligible to vote, and who has the right to vote under the law, shall have the right to vote.
(b) Every citizen who is eligible to vote and who has the right to vote by the law shall cast only a vote for a Hluttaw each at a constituency.
(c) In addition, people of national races concerned who are eligible to vote in accord with the provisions of the State Constitution shall have the right to vote in electing representatives of national races to the Region of State Hluttaw concerned.
(d) Ballot shall be exercised.
2. The following persons shall have no right to vote—
(a) members of the Religious Order;
(b) persons serving prison terms;
(c) persons adjudged to be of unsound mind as provided for in the relevant law;
(d) persons who have not yet been cleared from being declared destitute; and
(e) persons who are banned from voting under the election law.
3. “At an election, a candidate—
(a) shall be elected to a Hluttaw only.
(b) shall stand for election at one constituency only.
4. (a) Electorate living in the Union territories, or the Union territories designated by the Pyidaungsu Hluttaw under the law, shall elect members of the Pyithu Hluttaw and the
Amyotha Hluttaw only.
(b) Save as otherwise prescribed by the Constitution, a Region or State Hluttaw member elected in a constituency that the Pyidaungsu Hluttaw has designated as a Union territory shall no longer stand as a Hluttaw member.
5. Every citizen who is not disqualified by the provisions of this Constitution and the provisions of the law regulating elections shall have the right to stand for election to a Hluttaw.
6. (a) A Hluttaw member may be recalled for any of the following reasons—
(1) treason;
(2) violation of any provision of the Constitution;
(3) misbehaviour;
(4) lack of qualifications prescribed in the Constitution for a Hluttaw member;
(5) inefficient discharge of duties.
(b) Complaint about the Hluttaw member endorsed by at least one percent of initial number of the voters of the constituency concerned shall be submitted to the Pyidaungsu Election Commission.
(c) Pyidaungsu Election Commission shall conduct investigation into the case in accord with the law.
(d) While the case is under investigation, the Hluttaw member concerned shall have the right to rebut the accusation in person or through a representative.
(e) The Pyidaungsu Election Commission shall, finding the accusation true and considering the Hluttaw member should no longer carry out duties, take action in accord with the law.
7. The Pyidaungsu Hluttaw shall prescribe necessary laws on election and recall.
8. (a) The President shall form a Pyidaungsu Hluttaw Election Commission. In the process, he may appoint at least five members including the chairman of the Pyidaungsu Election Commission in accord with the provisions on appointment of Union minister stated in the Constitution.
(b) The chairman and members of the Pyidaungsu Hluttaw Election Commission shall be the ones who—
(1) have turned 50 years of age.
(2) meet, except age limit, requirements set for Pyithu Hluttaw members.
(3) (aa) have served in the post of Union Chief Justice or Union Supreme Court
judge; Region or State High Court judge or in a position equivalent to the post of Region or State High Court judge at least five years; (or)
(bb)have served in the post of judicial officer or law officer that is not lower than Region or State level for at least 10 years; (or)
(cc) have practised law as the advocate for at least 20 years; (or)
(dd) are deemed to be celebrities with prestige by the President.
(4) are well-experienced with good characters.
(5) comply with provisions, with which they have no right to stand for election as Pyithu Hluttaw members.
(6) are loyal to the State and the people.
(7) are not members of a political party.
(8) are not Hluttaw members.
(9) do not accept any other positions from which they can enjoy salaries and allowances.
9. Duties of the Pyidaungsu Election Commission are as follows:
(a) holding Hluttaw elections;
(b) supervising Hluttaw elections, and forming and supervising sub-commissions at all levels;
(c) designating and arranging constituencies;
(d) making and arranging lists of voters;
(e) putting off elections that are not in a position to be held in a free and fair way in some constituencies due to natural disasters or local security;
(f) issuing necessary laws on elections and political parties in accord with the provisions of this Constitution and procedures and directives in accord with the laws concerned;
(g) forming electoral benches to resolve electoral disputes;
(h) discharging duties assigned under a law.
10.If the President has to blame and charge the chairman or a member of the Pyidaungsu Election Commission, he shall do so in accord with the provisions prescribed in this Constitution on blaming the Union Chief Justice or any of Union Supreme Court judges.
11.(a) If the chairman or a member of the Pyidaungsu Election Commission in service wishes to resign of his own accord due to his health condition or any of other reasons, he may submit his resignation to the President.
(b) If the seat of the chairman or a member of the Pyidaungsu Election Commission is vacant due to resignation, termination of responsibilities, death, or any of other reasons, the President may appoint a new chairman or a member of the Pyidaungsu Election Commission in accord with the provisions on appointment of a Union minister enumerated in the State Constitution.
(c) If the chairman or a member of the Pyidaungsu Election Commission is a government employee, he shall be deemed to have resigned from civil service in accord with the existing civil service rules and regulations from the date he is appointed as the chairman or a member of the Pyidaungsu Election Commission.
12. The Pyidaungsu Election Commission’s action and measures over the following matters shall be final
(a) electoral procedures;
(b) appeals and amendments on electoral benches’ decisions and orders;
(c) matters taken under political party law.
13. Responsibilities, powers and rights of the chairman and members of the Pyidaungsu Election Commission shall be prescribed by law.
14.The role of the chairman of the Pyidaungsu Election Commission is designated to be equivalent to the position of a Vice-President, and a member, to the position of a Union minister in order to make reference to responsibilities, powers and rights of the chairman and members of the Pyidaungsu Election Commission in prescribing laws.

Mr Chairman,
In this regard, you delegates should hold discussions and make suggestions so as to decide whether the points that have been presented should be adopted as detailed principles and proposals if you have should be submitted. Some more points relating to the Chapter “Election” will be presented. The Plenary Session of the National Convention held from 28 to 30 March 1996 laid down detailed basic principles for the formation of Legislation, Executive and Judiciary, and some of them are related to qualifications set for a Pyithu Hluttaw member.
These detailed basic principles related them will be presented for recollection of your memory. In connection with the prescribing of the qualifications of the Pyithu Hluttaw members, a detailed basic principle has been adopted that—
Persons who possess the following qualifications have the right to stand for election as Pyithu Hluttaw representatives;
(a) having turned the age of 25 years;
(b) being a citizen born of parents both of whom are also citizens;
(c) having settled in the Union of Myanmar for at least 10 consecutive years up to the time of being elected Pyithu Hluttaw representative;
(d) possessing qualifications prescribed in the election law.
In connection with those who have no right to stand for election as Pyithu Hluttaw representatives:
The following persons shall not have the right to stand for election as Pyithu Hluttaw representatives:
(a)person serving prison term, having been convicted by the court concerned for having committed an offence;
(b) person still within the period the authorities have prescribed that he or she has no right to be elected as Pyithu Hluttaw representative for having been punished for a commitment of offence that makes him or her lose qualifications required of a Pyithu Hluttaw representative before or after the State Constitution comes into force;
(c) persons adjudged to be of unsound mind as provided for in the relevant law;
(d) person who has not yet been cleared from being declared destitute;
(e) person owing allegiance to a foreign government, or a subject of a foreign government or a citizen of a foreign country;
(f) person who is entitled to rights and privileges of a subject of a foreign government, or a citizen of a foreign county;
(g) person who obtains and makes use of member of an organization that obtains and makes use of money, land, housing, building, vehicle, property etc. directly or indirectly from a foreign country’s government, or religious organization or other organizations;
(h) person who commits or abets or member of an organization that commits or abets acts of inciting, making speeches or issuing declarationsto vote or not to vote;
(i)members of a religious order;
(j)civil service personnel;
proviso: The expression shall not apply to Tatmadaw member Hluttaw representatives.
(k) person who obtains and makes use or member of an organization that obtains and makes use of State funds, land, housing, buildings, vehicles or property directly or indirectly;
proviso: (1) The expression ‘The State funds’ does not apply to pension or allowances officially granted by the State for services rendered for the benefit of the State.
(2) The expression ‘land, housing, building, vehicles and property belonging to the State does not apply to State-owned land, housing, buildings and apartments, other buildings and apartments. State-owned aircraft, trains, vessels and motorcars and property etc. which have been permitted by the State to be used under an existing law or as required by duty, or leased from the State on payment;
(l) person still within the period the authorities have prescribed that he or she has no right to be elected as Pyithu Hluttaw preventative for commission of an unlawful act or for failure to act in conformity under the election law making him or her lose qualifications required of a Pyithu Hluttaw representative before or after the State Constitution comes into force.

Mr Chairman,
Hluttaw members including members of the Pyithu Hluttaw who will take part in the legislative sector, one of the three sovereign powers of the State — legislation, executive and judiciary — should catch up with the political, administrative, economic, social and national races affairs of the State. Only then, will they be able to carry out legislative functions effectively. The detailed basic principle “Pyithu Hluttaw representatives shall have settled in the Union of Myanmar for at least 10 consecutive years up to the time of being elected Pyithu Hluttaw representative”. Disputes may arise in future if there is no explanation about the stay of national people who went abroad for further study under the permission of the government, on business or on personal affairs. Now, the nation has launched the market-oriented economic system. Therefore, many nationals are staying in foreign countries on duty with the permission of the government, or on business, or on personal affairs. Such stay in foreign countries should be deemed to have settled in the Union.
Therefore, discussions are to be held and suggestions to be made whether the point:
“The period of staying abroad with the permission of the government shall be deemed to have settled in the Union” should be adopted as the provision under the detailed basic principle:
“having settled in the Union of Myanmar for at least 10 consecutive years up to the time of being elected as Pyithu Hluttaw representative.” should be adopted as a detailed basic principle.

Afterwards, Member of NCCWC Deputy Attorney-General Dr Tun Shin presented clarification made by the chairman on adoption of detailed basic principles for the Chapter “Political Parties” in drafting the State Constitution. The Plenar Session went into recess at 11.10 am. The Plenary Session continues at 9 am tomorrow.