USDP demands enactment of Right to Recall Law

USDP demands enactment of Right to Recall Law
Published 31 January 2019

Major opposition Union Solidarity and Development Party (USDP) issued a statement on January 30, calling for the enactment of the Right to Recall Law to protect the citizen rights enshrined in the Constitution, to take effective action against the MPs who violate the provisions of Section 396 (a) of the Constitution and to promote the dignity and quality of parliaments.

Section 4 of the Constitution states: “The Sovereign power of the Union is derived from the citizens and is in force in the entire country.” Section 369 says: “ (a) Subject to this Constitution and relevant laws, every citizen has the right to elect and right to be elected to the Pyithu Hluttaw, the Amyotha Hluttaw, and the Region or State Hluttaw. (b) Relevant electorate has the right to recall a Hluttaw representative in accord with the law.”

Section 396 (a) of the Constitution says: “A representative of the Hluttaw may be recalled on any of the following reasons : (1) high treason; (2) breach of any provision of this Constitution; (3) misbehavior; (4) disqualification prescribed in this Constitution for the Hluttaw representative; (5) inefficient discharge of duties assigned to.”

Section 396 (b) of the Constitution says: “A minimum of one percent out of the original voters of the electorate of the constituency concerned shall submit the complaint to the Union Election Commission against the Hluttaw representative on whom it wishes to recall.”

Section 397 of the Constitution says: "The Pyidaungsu Hluttaw shall enact the necessary laws on matters relating to ‘Election’ and on matters relating to ‘Recall’.”

When questioned by the USDP MPs at the session of Lower House Parliament on February 6, 2018 and January 28, 2019, officials replied that the Right to Recall Bill has been drafted but did not disclose the exact date for the submission of this bill.