Which individuals/positions may be subject to the recall?

Constitution of the Republic of the Union ofMyanmar

(Adopted on 10 May 2008)

http://www.burmalibrary.org/docs5/Myanmar_Constitution-2008-en.pdf

(OfficialEnglish Translation)

Article 396. Recallinga representative of the Hluttaw

(a) A representative of the Hluttaw may berecalled on any of the following reasons:

(1) high treason;

(2) breach of any provision of thisConstitution;

(3) misbehavior;

(4) disqualification prescribed in thisConstitution for the Hluttaw representative;

(5) inefficient discharge of duties assigned to.

(b) A minimum of one percent out of the originalvoters of the electorate of the constituency concerned shall submit thecomplaint to the Union Election Commission against the Hluttaw representativeon whom it wishes to recall.

(c) The Union Election Commission shall conductthe investigation in accord with the law.

(d) In conducting the investigation on anallegation made to a Hluttaw representative, he has a right to defend himselfin person or through an agent.

(e) If the Union Election Commission considersthat the allegation is true and that the alleged person should not continue toserve as a Hluttaw representative any longer, the Union Election Commissionshall proceed in accord with the law.

Chapter IV Legislature, The Pyidaungsu Hluttaw,Formation of the Pyidaungsu Hluttaw

Article 71.

The Pyidaungsu Hluttaw comprises of thefollowing two Hluttaws :

(a) in accord with the provisions of Section109, the Pyithu Hluttaw formed with Hluttaw representatives elected on thebasis of township as well as population and Hluttaw representatives being theDefence Services Personnel nominated by the Commander-in-Chief of the DefenceServices;

(b) in accord with the provisions of Section141, the Amyotha Hluttaw formed with Hluttaw representatives elected in equalnumbers from Regions and States and Hluttaw representatives being the DefenceServices Personnel nominated by the Commander-in-Chief of the Defence Services.

Amyotha Hluttaw, Formationof the Amyotha Hluttaw

Article 141.

 TheAmyotha Hluttaw shall be formed with a maximum of 224 Hluttaw representativesas follows :

(a) 168 Amyotha Hluttaw representatives electedin an equal number of 12 representatives from each Region or State inclusive ofrelevant Union territories and including one representative from eachSelf-Administered Division or Self-Administered Zone;

(b) 56 Amyotha Hluttaw representatives who arethe Defence Services personnel nominated by the Commander-in-Chief of theDefence Services in accord with the law, four representatives from each Regionor State inclusive of relevant Union territories;

(c) in forming the Amyotha Hluttaw as mentionedin Sub-Sections (a) and

(b), the relevant Union Territory means the UnionTerritories, prescribed under the Constitution, or prescribed by law of thePyidaungsu Hluttaw, which are inclusive in State or Division, Region or Statefor the purpose of electing the Amyotha Hluttaw representative.