Summary: Right to Recall Bill

The bill is designed to provide a legal framework for the recalling of an elected MP by the relevant electorate under the article 396(b) of the Constitution of the Republic of the Union of Myanmar.

An elected MP could be recalled for breach of any provision of the constitution, misbehavior and inefficient discharge of duties; in the course of doing so, a minimum of 1 percent of the original voters in the representative’s constituency must submit a compliant to the Union Election Commission (UEC). Upon the complaint the UEC is expected to inform the relevant Hluttaw Speaker and MP. Then a tribunal would be formed by a member of UEC, legal expert, suitable citizen and representative from the relevant Hluttaw, and the investigation period would be set.

The tribunal ought to screen the threshold of the original voters in the relevant constituency. Moreover, having ensured that there is no abusing power and any benefit, an allegation must be investigated. Then a finding and a report along with the comment has to be reported to the UEC.

If the UEC does not find any ground to reject the report and the allegation is considered true, it will ask the voters of the constituency concerned in accord with the law. Until then the alleged MP will have the right to defend themselves in person or through a representative, but he/she will be banned from being elected as the Hluttaw representative from that day to the next Hluttaw period if more than 50pc of the original voters in the constituency agree to recall their MP. The decision of the UEC is the end and it would be sent to the Speaker of the relevant Hluttaw.

An elected MP could not be complained and alleged with the inefficient discharge of duties within one year of his/her tenure. Likewise, the one who leads the complaint would be sued for the false allegation of recalling the MP. The UEC must incorporate the cost of doing these matters in its annual budget law.