Legal provisions for recall at national level

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)

(Recall)

Article 38.

(b) Electorate concerned shallhave the right to recall elected people’s representatives in accord with theprovisions of this Constitution

Article 396.Recalling a 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.

397. The Pyidaungsu Hluttaw shall enact thenecessary laws on matters relating to ‘Election’ and on matters relating to‘Recall’.