Two Myanmar Tribunal Decisions for 2012

Myanmar’s Constitutional Tribunal delivered two more decisions today. Case No. 2/2012 simply reaffirmed the court’s decision in Case No. 1/2012, which held that Region or State National Races Affairs Ministers are eligible as ministers. The other case (No. 2/2012) struck down a definition of Union level organizations that included boards and committees established by the Hluttaw

To be quite honest, I don’t yet have a good sense as to what interests were at stake here. Various provisions of the 2008 Constitution give union level organizations the right to submit bills to the Hluttaw, but I imagine that was not the central concern for organizations formed by the Hluttaw. The Constitution also permits such organizations freedom of speech in the Hluttaw and before Hluttaw Committees (hence, the court’s decision that committees can’t also be union level organizations). Finally, I found one interesting provision in § 230(a) that union level organizations must have their budgets vetted by one of the vice presidents and submitted to the Financial Commission. Could the Attorney General have wanted to enforce this requirement?
Hopefully, we’ll learn more about the motives behind this case. In the meantime, I’ve reprinted both the initial New Light of Myanmar article mentioning the initial filing of the case and the later one announcing the final decision.

State Constitutional Tribunal hears Attorney-General’s query

NAY PYI TAW, 24 Feb-The Attorney- General of the Union on behalf of the President has submitted letter No. 1/2012 to the State Constitutional Tribunal, asking the tribunal’s resolution about “whether defining of committees, commission and boards formed by respective Hluttaws as Union level organization in the provisions of the laws of the respective Hlutatws is in line with the constitution (or) whether committees, commissions and boards founded by the Pyidaungsu Hluttaw, Pyithu Hluttaw and Amyotha Hluttaw with the rights vested to them in the constitution can be considered as Union level organization.”

The tribunal heard the proposal submitted according to Article 322 (a) and Article 325 (a) of the Constitution of the Republic of the Union of Myanmar at Room No. 1 this morning.-MNA

Constitutional Tribunal of the State delivers final verdicts

NAY PYI TAW, 28 March-The Constitutional Tribunal of the State inclusive of the chairman and all the members delivered final verdict on proposal No 1/2012 and proposal No 2/2012 submitted the Attorney- General of the Union on behalf of the President at Room No. 1 today.

According to the verdicts, in the proposal No 1/2012, Union level organizations formed under the constitution and the members or personalities of those organizations are members and personalities of Union organizations appointed by the President with the approval of the Pyidaungsu Hluttaw.

Committees, commissions and groups formed by respective Hluttaws are parliamentary organizations.

The additional definition of committees, commissions and groups formed by respective Hluttaws as Union level organizations violates the provisions of the constitution.

In the proposal No 2/ 2012, the Attorney-General of the Union on behalf of the President asked the tribunal to reconsider its resolution made on 14 December, 2011 which defined that provisions of the Article 5 and Article 17 of the Region or State Personalities’ Allowances, Emolument and Insignia Law are not conformity with the constitution because Region or State national races affairs ministers are officially appointed as Region or State ministers of respective Region or States. The tribunal did not accept the proposal as its resolution is final verdict legally.-MNA

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