Performance Analysis eng-EMR

Performance
Analysis
State & Region Hluttaws
(Local Legislatures) of Myanmar
(2010 - 2015)
March 2017
Table of Contents .....
Acknowledgments ................................................................................................................................................................................................... 5
Disclaimer ........................................................................................................................................................................................................................ 6
Glossary ............................................................................................................................................................................................................................ 7
Executive Summary .............................................................................................................................................................................................. 8
Legislation ..................................................................................................................................................................................................................... 9
- Legislative outputs ........................................................................................................................................................................................ 9
- Legislative effectiveness and constraints ................................................................................................................................. 10
Oversight ......................................................................................................................................................................................................................... 12
Public access and communication ......................................................................................................................................................... 14
Institution building and individual capacity building .......................................................................................................... 15
Administrative support from hluttaw offices ............................................................................................................................... 17
Recommendations .................................................................................................................................................................................................. 18
- Structural limitations and barriers .................................................................................................................................................... 18
- Limited institutional and human capacity .................................................................................................................................. 19
- Personal attributes or leadership capacity ............................................................................................................................... 19
Introduction .................................................................................................................................................................................................................. 21
- Objectives ............................................................................................................................................................................................................. 21
- Research Questions ..................................................................................................................................................................................... 21
- Focus Areas ......................................................................................................................................................................................................... 22
- Performance Indicators .............................................................................................................................................................................. 22
- Scope of Research ......................................................................................................................................................................................... 22
- Target Respondents .................................................................................................................................................................................... 23
- Methodology ....................................................................................................................................................................................................... 25
- Limitations ............................................................................................................................................................................................................ 25
Key Findings ................................................................................................................................................................................................................ 26

- Legislation ............................................................................................................................................................................................................ 26
- Legislative outputs ................................................................................................................................................................................... 26
- Legislative effectiveness and constraints ............................................................................................................................... 30
- Structural limitations ................................................................................................................................................................................ 30
- Limited institutional and human capacity ................................................................................................................................ 33
- Personal attributes ................................................................................................................................................................................... 34
Oversight ........................................................................................................................................................................................................................ 37
- Oversight effectiveness and constraints ................................................................................................................................... 37
Public Access and Communication ....................................................................................................................................................... 43

Institution building and individual capacity building .......................................................................................................... 46
Administrative support from hluttaw offices .............................................................................................................................. 49
Conclusion and Recommendations ...................................................................................................................................................... 52

- Structural limitations and barriers .................................................................................................................................................... 52
- Limited institutional and human capacity .................................................................................................................................. 52
- Personal attributes or leadership skills ........................................................................................................................................ 53
Annex A. Summary table of the populations of studied hluttaws ................................................................................... 54

Annex B. Summary table of key indicators and tangible and intangible sub-indicators ................................ 55
Annex C. The occupational background of hluttaw speakers and chief ministers and the
relationships between legislative and executive officials ........................................................................................................ 56
Annex D. Sample Budget of Studied Hluttaws .................................................................................................................................. 57
Annex E. Mon State Hluttaw Website ..................................................................................................................................................... 58
Annex F. Sample newsletters distributed by Karen State Hluttaw and
Yangon Region Hluttaw ........................................................................................................................................................................................ 59
State & Region Hluttaws (Local Legislatures) of Myanmar (2010 - 2015)
Acknowledgments
The Enlightened Myanmar Research Foundation (EMReF) would like to thank all of the respon-
dents in the studied states and regions who took time to meet and share their experiences. The
success of this study is indebted to the openness and interest of speakers and members of the
state and region hluttaws, state and region ministers and government officials, including the hlut-
taws’ administrative personnel, civil society leaders, local media, and local political party leaders.
Furthermore, several local civil society representatives helped facilitate key elements of the field-
work. Without this support, the research would have been much more difficult.
EMReF would also like to thank the many individuals who provided their expertise and advice
on earlier drafts of the report, particularly U Saw Myint Maung, Sayar Kyaw Win, Kim Ninh, Ardeth
Thawnghmung, Matthew Walton, Mael Raynaud, Bing Bonoan, and Erin McAuliffe. The members of
the study team- Myat The Thitsar, Dr. Nang Mo Hom, Thet Aung Lynn, Tinzar Htun, Zaw Min Oo,
Nyein Thiri Swe, Kalyar Ei Ei Lwin, Nay Zaw Phyo, Thiha Soe and Thang Chansang are acknowl-
edged for their knowledge, commitment and efforts they contributed into the study. Lastly, EMReF
would like to acknowledge The Asia Foundation for their support of the research under a Partner-
ship Agreement.
5
Performance Analysis
Disclaimer
The publication of this report was made possible with the support of The Asia Foundation. The
views and opinions expressed in this report are that of the Enlightened Myanmar Research Foun-
dation and do not necessarily reflect the views of The Asia Foundation. Any faults in the content
or analysis rest with the key author, Myat The Thitsar.
6
Glossary
AMRDP All Mon Region Democracy Party
ANP Arakan National Party
CPP Chin Progressive Party
CSOs Civil Society Organizations
DNA Data Not Available
DP (M) Democratic Party (Myanmar)
EMReF Enlightened Myanmar Research Foundation
GAD General Administration Department
Gov’t Government
Hluttaw/hluttaw Legislatures
IDA Institute for Development of Administration
INDP Inn National Development Party
KNP Kayin National Party
KPP Kayin Peoples Party
KSDDP Kayin State Democracy and Development Party
LNDP Lahu National Development Party
MDRI-CESD Myanmar Development Resource Institute
MPs Members of Parliament
MPU Myanmar Parliamentary Union
NDF National Democratic Force
NDPD National Democratic Party for Development
NLD National League for Democracy
NUP National Unity Party
PNO Pa-O National Organization
PSDP Phalone-Sqaw Democratic Party
RNDP Rakhine Nationalities Development Party
SNDP Shan Nationalities Democracy Party
TNP Ta-arng (Palaung) National Party
UDs Unit Departments
UNDP United Nations Development Programme
USDP Union Solidarity and Development Party
WDP Wa Democratic Party
88GSY The 88 Generation Student Youth (Union of Myanmar)
7
Executive Summary
The state and regions hluttaws (parliaments), or local legislatures, are important pillars of
Myanmar’s political infrastructure. They are critical for the development of a federal system in
Myanmar. Although local legislatures are crucial to decentralization, insufficient attention has
been paid to their current performance and the challenges they must overcome to strengthen as
institutions. While both the local executive and local legislative institutions are in nascent stages
of development, they are struggling with the shifting power dynamic that followed the 2015 gener-
al election. Aside from protecting and asserting their position as federal institutions against the
Union Government, the state and region hluttaws are in a challenging position to effectively apply
checks and balances on the executive institutions of the states and regions. Structural constraints
as well as organizational and individual limitations have inhibited local legislatures from taking
significant strides towards thriving as effective federal institutions. These constraints and limita-
tions hinder decentralization.
This report aims to inform policy makers, political actors, civil societies and international do-
nors, experts and academics on the performance of Myanmar’s state and region hluttaws, key
federal institutions, during their first term from 2010 to 2015 and to provide recommendations to
strengthen these institutions. This study further aims to provide baseline information on regional
hluttaw performance. The intention is that this baseline data will assist continuing efforts to devel-
op effective mechanisms for assessing the performance of the local legislatures so that hluttaws
may conduct regular self-assessments. It is also intended to help CSOs and community experts
regularly monitor hluttaw performance so that they can assist in helping them improve their effec-
tiveness as federal institutions. The baseline information is based on a series of key informant in-
terviews, focus group discussions and data collected using data formats developed in coordina-
tion with the administrative offices in four states and four regions. EMReF conducted ninety-seven
total interviews with different key stakeholders, including hluttaw speakers, members of parlia-
ment, office staff, some cabinet ministers, local CSOs, the media and political party leaders.
The study aims to answer two broad research questions:
1. How effectively did the state and region hluttaws perform between 2010 and 2015? How
did their performance vary?
2. What challenges, constraints, opportunities and future improvements influence the legis-
lative performance needed for these hluttaws to become strong federal institutions that
contribute to democratic state building in Myanmar?
The study addressed the above research questions through six focus areas: 1. Legislations; 2.
Oversight; 3. Public Access and Communication 4. Inclusion 5. Institution Building and Individual
Capacity Building; 6. Administrative Capacity.
8
Legislation
The study analyzed both the legislative outputs, or the level of work completed, and legislative
effectiveness, or the quality of work, as well as legislative constraints.
Legislative outputs
The number of non-routine laws1 is a key visible and tangible output indicator of
legislative effectiveness. Most non-routine laws are prepared and passed by local hluttaws in
response to local policy needs in their respective geographic area, as determined by Schedule
Two of the 2008 Constitution. Examples of non-routine laws include the Fishery Law, the Law for
Village Firewood Plantation, the Law for Fire and Natural Disaster Preventive Measures, the Law
for Household Industry, and the Law for Systematic Transportation of Water Vehicles. Among the
hluttaws studied, Sagaing Region, Mandalay Region and Kachin State Hluttaws passed the
most non-routine laws: 30, 29 and 27, or 62.5%, 64.4% and 63% of their individual total leg-
islative outputs, respectively (see Table 5 and Figure 3).
No state or region hluttaws have passed laws in the economic sector, one of the eight
sectors where state and region hluttaws may enact laws, according to Schedule Two of the
2008 Constitution. The economic sector is the second major sector of the eight listed in Sched-
ule Two. In all five of the economic sector’s sub-sectors, no state or region government has promul-
gated a law. As described by active MPs and CSO leaders, ambiguity over what legislative powers
are permissible under Schedule Two is a major limitation. Despite the authority granted to state
and region hluttaws under Schedule Two, Union laws severely limit local legislative authority.
Following the economic sector, the next fewest number of laws have been promulgated in the in-
dustrial sector.
The number of laws amended and replaced is also an important indicator of perfor-
mance; it reflects a hluttaw’s ability to respond to the needs and shortfalls of previously
passed laws. These laws are considered non-routine laws. In all studied states and regions,
concerned local government ministries and departments reviewed laws promulgated by state
and region hluttaws during their first two years and amended or replaced original laws. According
to local bill committee members, there was a strong need for these amendments and
replacements because the laws initial promulgated were heavily influenced by Union laws and
thus failed to adequately address local needs.
The number of legislation committee meetings held by hluttaws is also an important

indicator of legislative performance. Mon State Hluttaw held the most with 135 legislation
committee meetings. Kayin State Hluttaw and Tanintharyi Region Hluttaw followed with 74
and 70 meetings respectively. The Legislation Committee was one of three committees formed
by all state and region hluttaws within the first five-year term. According to respondents from the
surveyed hluttaws, hluttaws formed these legislation committees to review and prepare bills,
which mostly are bills submitted by or to be submitted by local ministries.
1
According to the 2008 Constitution, some laws prepared and submitted to local legislatures by state and region government
administrations are identified as routine laws. Routine laws include annual budget laws, the Supplementary Budget Allocation Law,
the Local Development Plan Law outlining local priorities, and the Tax Law.
9
Legislative effectiveness and constraints

All studied hluttaws reported that the semi-parliamentary structure of local legisla-
tures, which allows elected local legislative members to simultaneously take positions as
executive members, limits the overall effectiveness of local legislatures. The current consti-
tution permits such a dual position system in state and region hluttaws despite requiring elected
Union legislative members to relinquish their legislative responsibilities if they accept an executive
position. Leaders and MPs of the studied hluttaws prefer the policy used by the Union Govern-
ment. Several suggested local bi-elections to replace vacant legislative seats, as is practiced at
the Union level. These leaders argue that the capacity, role and authority of local legislatures is
diluted due to several members holding both legislative and executive positions.
In smaller states and regions where a considerable number of elected members have
been appointed to cabinet positions, notably Kayin State, Mon State and Tanintharyi Re-
gion, the dual role allowance is a significant problem. Data collected during the study show
that 64%, 65%, 55%, and 32% of elected MPs in Kayin State, Mon State, Tanintharyi Region and
Rakhine State Hluttaws respectively accepted a dual role. This has hindered the effectiveness of
the hluttaw, given that only a few “ordinary members” have regularly attended and actively partic-
ipated in the hluttaw sessions (see Table 8 and Figure 4).
The ambiguity of what is and is not permissible under Schedule One and Schedule Two
of the Constitution2 discourages legislative efforts and interests at the local level. Some
active MPs and speakers suggested that clarity is needed in Schedule Two, while others suggest-
ed vesting residual power with the states and regions. The areas where local legislative members
perceive the most confusion and conflict are the economy, local development activities and taxa-
tion. The ambiguity and confusion of legislative authority in the 2008 Constitution has hindered
local legislative efforts. Some efforts have been bared as early as the law-making proposal stage
while others remain pending. As a result of these structural constraints, local legislatures are re-
luctant to initiate new policies.
The limited legal knowledge of local legislative members, particularly in drafting laws, is
a significant constraint to hluttaw effectiveness. MPs expressed that this was also the case in
local administrative departments. The study found that only a few of the non-routine laws, notably
municipal laws and fishery laws, submitted by the state and region ministries were drafted by the
relevant administrative departments. Hluttaw legislation committees drafted the remaining
non-routine laws and turned them over to the respective ministry for official submission as a bill in
the hluttaw.
The limited legal knowledge and experience of local ministries and departments in
drafting bills and preparing relevant rules and regulations also constrained and delayed
their ability to implement laws promulgated as rules and regulations. Most studied hluttaws
confirmed that only about half of their approved administrative laws have relevant rules and reg-
ulations developed and submitted by the appropriate departments. Although it is not required for
laws to promulgate supporting rules and regulations, both local legislative and executive authori-
ties generally perceive such rules and regulations to be necessary.
2
In the Constitution of Myanmar (2008), Schedule One is “The Union Legislative List”, which means the breadth of the power grant-
ed to the central government, and the Schedule Two is “The Region or State Legislative List”, which is the residual prerogatives
granted to States and Regions (local) governments.
10
In only four out of the eight studied hluttaws were speakers with strong leadership
abilities able to lead their hluttaws to an observable level of success. These hluttaws were
the Mon State, Tanintharyi Region, Sagaing Region, and Ayeyarwaddy Region Hluttaws. MPs, local
CSOs, and the media all expressed their appreciation for the leadership abilities of these speakers
in their relevant state or region. In these four hluttaws, there was an even split between hluttaw
speakers of a civilian background and those of a military background. The speakers of the Mon
State Hluttaw and Sagaing Region Hluttaw are civilian while those of the Tanintharyi Region Hlut-
taw and Ayeyarwaddy Region Hluttaw are former military personnel.
The power relationship between local hluttaw speakers and executive officials, particularly
chief ministers, influences the effectiveness of hluttaws, particularly during political transition.
The study found that the speakers of the Mon State, Tanintharyi Region, Sagaing Region, and
Ayeyarwaddy Region Hluttaws maintained mutually respectful relationships with the chief minis-
ters. These are the same speakers that exemplified strong leadership abilities in their hluttaws.
In Mon State Hluttaw and Sagaing Region Hluttaw, civilian speakers maintained mutu-
ally respected relationships with the chief ministers from high profile military backgrounds
and successfully led their hluttaws. This earned them good reputations among other local hlut-
taws and stakeholders, such as CSOs, the media and their local political opponents. In conducting
the study, we found that most respondents thought that speakers coming from senior military
positions would be best able to form strong relationships with chief ministers and be in the more
strategic position to counterbalance the executive branch, given that the executive is composed
primarily of former senior military personnel. Respondents further expressed beliefs that only such
relationships between the executive and legislative involving former senior military personnel
would provide the necessary foundations for the local hluttaws to flourish as the second pillar of a
democratic checks-and-balance system. Despite these common perceptions, however, the re-
search found that the speakers of the Mon State Hluttaw and Sagaing Region Hluttaw, both of
civilian background, maintained a mutually respectful relationship with those executive officials
who were previously senior military members.
11
Oversight
Most respondents from the studied local legislatures identified legislative oversight as
an important duty of hluttaws. Oversight maintains the hluttaws’ functionality. All respondents
identified legislative oversight as the most important action in an efficient checks-and-balance
system.
The study found that the oversight functions of local legislatures are weak. Few stud-
ied hluttaws have committees actively engaged in legislative oversight practices. Those
with active oversight committees include Mon State, Tanintharyi Region and Ayeyarwaddy Re-
gion Hluttaws. Committees are an important avenue through which local legislatures exercise
oversight practices. The study found that hluttaws typically had three committees: The Legislation
Committee, the Representative Vetting Committee, and the Ethnic Affairs Committee. The majori-
ty of hluttaws, except for Kayin State, Rakhine State and Yangon Region Hluttaws, formed addi-
tional committees to regulate oversight functions. The number of these additional committees,
however, differed. The Mon State Hluttaw and Rakhine State Hluttaw had the fewest number of
additional committees with two and the Ayeyarwaddy Region Hluttaw had the most with ten.
Based on the research conducting during this study, the initiatives of the committees in Mon
State Hluttaw (see Box 4) best exemplify legislative oversight performed by local hluttaw
committees.
Oversight initiatives made through motions and questions, regular functions of all stud-
ied local legislatures, are accessible oversight performance options since they do not require
extensive legal knowledge.. The data received from hluttaw offices show that the Ayeyarwaddy
Region and Rakhine State Hluttaws submitted total 1,897 and 1,603 motions and questions re-
spectively, and stood as hluttaws with highest number of motions and questions during the first
five-year term.
Executive responses to these motions and questions varied greatly and the effective-
ness of responses is vague. Motions and questions were officially recorded as government
pledges when the concerned ministers or department heads gave hluttaws their official promise
to act on the particular motion or question. Many, however, are simply recorded as ‘submitted’
motions and questions as opposed to official government pledges.
The parameters used to measure how effectively government pledges were fulfilled
and implemented vary and were thus not comparable across studied hluttaws. This ren-
dered it thus difficult to determine if the implementation and fulfillment of government
pledges reflects legislative effectiveness. Once motions were recorded as government pledg-
es, some hluttaws began monitoring how ministries or departments acted on these pledges. The
hluttaws used different monitoring procedures, resulting in varying methods, parameters and indi-
cators for accessing how pledges are implemented or fulfilled. The study found similar variances in
the methodology used to trace the recorded number of complaints and the number resolved
during the first five-year term.
Local legislative oversight efforts on state and region budgets and local government
spending face several different challenges and constraints. With the exception of Ayeyar-
waddy Region Hluttaw, studied hluttaws admitted that they were unable to review the budget
within the allotted timeframe. These hluttaws had received the budget bill from the government
within one to two days before the hluttaw’s official discussion to approve the bill, an inadequate
time for critically reviewing the budget.
12
Hluttaws have low levels of influence on amendments to budget bills, particularly with
regards to cutting, adjusting, or removing requested amounts. There was limited space for
individual members’ advice. In hluttaws where committees conducted budget reviews, such as
in the Ayeyarwaddy Region Hluttaw, the hluttaw had a higher chance of influencing sections of the
bill. In contrary, when the bill was discussed directly in the hluttaw, one or two candidates would
express support for the bill and request the hluttaw’s approval. Advice presented was neither ac-
cepted nor accounted for. In only a few documented instances was advice presented during the
hluttaw session accepted for the final bill.
Local legislative oversight efforts on government budget and spending and on public
services and local development projects have faced many challenges. Challenges are
mainly due to limited cooperation from government departments. The study found that Mon
State Hluttaw faced the fewest challenges, Shan State Hluttaw remained in a deadlock and Yan-
gon State Hluttaw kept most expenditure oversight activities classified. While the “Committee for
Reviewing Implementation of Laws, Motions and Questions, and Local Development Projects, Rev-
enue and Expenditure” of Mon State Hluttaw achieved some success, the Shan State Hluttaw has
been facing with the deadlock to access regular and special expenditure records from relevant
state-level departments. According to the committee, although they could easily place requests
for the records, the centralized control of the state government hindered their ability to access the
requested records.
Based on this research, many individual members had limited interest in and opportu-
nities to study and question the yearly audit report during official hluttaw discussions.
Respondents from the studied hluttaws said that the audit report was shared only on the day of,
or one day prior to, the presentation in the hluttaw. The research found only a few instances where
individual MPs were active in discussions on the audit reports in Yangon Region Hluttaw and Mon
State Hluttaw. However, the MPs expressed that their advice and questions on the findings of the
audit reports rarely received proper responses or clarification from the government or the state
and region auditors.
Barriers to effective oversight practices through motions and questions include proce-
dural constraints and ineffective coordination. While some motions and questions successful-
ly became government pledges, implementation of some pledges was delayed due to unclear
authority between Schedule (A) and Schedule (B) of the 2008 Constitution. Limited coordination
between the Union and state and region departments also hindered the effective implementation
of government pledges. The cases mentioned in page 41 reflect these findings.
Constituencies where MPs were dually appointed to executive positions are underrep-
resented. Respondents from the studied hluttaws indicated that there has been less information
and discussion provided in the hluttaws regarding the affairs of those constituencies represented
by dually appointed MPs. This is largely because these MPs are unable to bring forward questions
and motions related to their constituencies because of irregular hluttaw attendance.
The experience and interest of individual MPs affects their ability to represent the voic-
es of their constituents through questions and motions. The testimonies of active members
and the research data show that some elected MPs never submitted a question or motion during
hluttaw sessions in the first five-year term. For instance, the available data show that 41 elected
MPs in Shan State Hluttaw and 5 in Kayin State Hluttaw, almost half of total elected MPs in those
hluttaws, never submitted motions or questions during the first five-year term.
13
Public access and communication

The study looked at both institutional mechanisms and individual channels of public outreach
and communication in local legislatures. In addition, the study also explored other channels or
mediums of communication that improved public access to information from local legislatures. The
study collected feedback from interviewed media members to assess the relationships between
local legislatures and the media.
Currently, there are no effective communication and information exchange mechanisms

in any of the studied hluttaws; however, most expressed a growing interest for electronic
mediums of public communication, particularly social media and websites. All surveyed hlut-
taw speakers and deputy speakers expressed an interest in developing websites for their hlut-
taws to provide the public with regular information. At the time this study was conducted, howev-
er, Mon State Hluttaw was the only hluttaw with an established website.
While hluttaw journals have been regularly published in all studied hluttaws except for
Shan State Hluttaw and Yangon Region Hluttaw, the coverage of their distribution is primarily
limited to MPs and government ministries. Mon State, Tanintharyi Region and Ayeyarwaddy Re-
gion were the only regions where local CSOs shared that they had received hluttaw journals. The
speaker and active MPs of Mon State Hluttaw expressed that they have attempted to expand distri-
bution of the journal to the ward and village tract administrators during the new term.
Financial limitations have affected the ability of hluttaws to publish and widely distrib-
ute the laws approved each year. The Union of Myanmar National Gazette, issued weekly on the
official website of the Ministry of Information, is arguably the only channel for up-to-date govern-
ment information, such as approved laws, official declarations and contracts. However, CSOs and
the media complained that the MOI’s website is not user-friendly and that it was difficult for them
to effectively search the documents for the information needed. They suggested a separate web-
page for the Myanmar National Gazette with efficient search functions.
The most common communication channel is direct engagement between MPs and the
public. The leaders and MPs of studied hluttaws stated that the most effective means of receiving
information from and communicating with the communities they represent is through in-person
visits to their respective constituencies. Importantly, respondents expressed that personal office
space in the hluttaws would improve public communication with constituencies. Some active mem-
bers stated that the Constituency Development Fund and local development planning is a push
factor for them to meet and consult with communities and other stakeholders involved in the man-
agement and implementation of these projects. Some surveyed hluttaws, such as Mon State,
Tanintharyi Region and Ayeyarwaddy Region Hluttaws were relatively open to the public
for general visits, formal sessions or arranged visits for university students and local CSOs.
The media find that hluttaw attitudes towards the media have improved since mid- to
late 2014; however, the level of friendliness and cooperation varies. Respondents from local
media felt more welcomed by the Tanintharyi Region Hluttaw and Mon State Hluttaw, measured by
increased invitation to hluttaw sessions and discussion. Media respondents complained, however,
that relations with the Yangon Region Hluttaw remain unchanged. All media respondents stated
that they have not been given the opportunity to interview the hluttaw speakers and that it has
always been difficult to receive information.
14
Institution building and individual

capacity building
Given that local legislatures are in nascent stages of development as new institutions in
Myanmar’s emerging democracy, building and strengthening individual and institutional capacity
is a key concern. The study explored how hluttaws and their MPs have developed plans and ob-
tained opportunities to strengthen capacity as well as identified the challenges and limitations in
developing the needed skills, awareness and expertise.
While most speakers and MPs are eager to promote the role and power of local legisla-
tures, the study found that the hluttaws have no concrete plans for institutional and indi-
vidual capacity building. The most common factors identified by respondents that influence the
effectiveness and functionality of the hluttaws are: the majority’s perception that the role and rank
of local legislatures is subordinate to local executive authorities, the ability for legislative members
to take dual positions in the cabinet and the limited political experience of legislative members.
The study found that there were no existing activities or initiatives for internal or exter-
nal local legislative performance review. Speakers from most studied hluttaws, however, agreed
that regular reviews on performance and effectiveness are important for strengthening local leg-
islatures. One speakers suggested that the Myanmar Parliamentary Union (MPU) should play a role
in establishing an effective evaluation mechanism.
The study found that there was a common misperception that the role of local legisla-
tures is subordinate to executive authorities. Respondents stated that most people, even
many elected MPs and administrative personnel, believe that the executive branch is superior to
the legislative branch. Surveyed legislative members expressed that the ability for MPs in local
legislatures to hold dual roles in the legislative and executive branches fostered this mispercep-
tion. Because most individuals who take on dual roles are chief ministers and state and region
ministers, many perceive that their executive role must be more important than their legislative
role. Other respondents stated that cultural habits fostered the misperception that the executive
side must be superior to the local legislative body since the executive is headed by chief ministers.
Surveyed speakers identified infrastructural and material developments as important

achievements of institutional development during the first five-year term. The first important
development project that promoted the role of the hluttaw was the construction of hluttaw build-
ings in a separate location from the state and region government annex. It is important, according
to hluttaw leaders and MPs, that hluttaws be separate from the state government offices in order
to: 1) create a visible physical separation of the roles of local administration and legislatures; 2) al-
leviate concerns regarding unwanted influence from the executive, particularly from chief minis-
ters and GAD officials; 3) provide for the practical space needed by all departments, committees
and MPs who remain in residence during hluttaw sessions. The speakers of those hluttaws with
new buildings expressed that they felt they had fulfilled an important duty during office.
The budgets of the studied hluttaws do not include practical costs for important activ-
ities, notably field observation for oversight activities, documentation and publication, in-
formation sharing and distribution, and capacity building. Hluttaw speakers were quick to re-
spond that the budgets were sufficient; however, they later expressed that insufficient funds
inhibited their ability to fulfill important activities. The activities affected most by budget limitations
are field monitoring for oversight practices, the publication of laws and records, and the mainte-
15
nance of information sources. Most of the studied hluttaws stated that they have had to submit
additional budget requests to develop new hluttaw infrastructure since the 2014-2015 fiscal year.
Almost all respondents from surveyed hluttaws identified a need for capacity building
for both elected MPs and office staff. Although the Union Government and the UNDP have
provided some workshops and training, only a limited number of members from each state and
region hluttaw could attend. Respondents named exchange visits between local legislatures as
important support mechanisms that increase cooperation between hluttaws and the potentials
for elected MPs to learn from one another. When asked which topics of concern they were most
interested in improving their knowledge of, MPs identified legal and policy development, federal-
ism and information technology as the most common topics. Lastly, the office staff of surveyed
hluttaws expressed a desire for relevant training, as previous training has mainly targeted MPs.
16
Administrative support from

hluttaw offices
The study attempted to better understand the role of hluttaw offices and their functions and
effectiveness. The study team conducted interviews with the head staff of hluttaw offices and
analyzed feedback from hluttaw speakers and MPs regarding the effectiveness and limitations of
the offices.
The administrative support offices of local legislatures are sub-departments of the

General Administration Department (GAD), and the Ministry of Home Affairs appoints the
key office staff. The heads of hluttaw offices are accountable to the Deputy Director General of
the GAD, who serves as an executive secretary in each state and region government. In practice,
however, office heads are also accountable to the speaker of the respective hluttaw, while they
fondly expressed GAD as their mother department.
The study observed that the hluttaw support offices are well structured to attend to
the key functions of hluttaws. The offices of each local legislature include two sub-departments
(sub-departments 5 and 6) and four unit departments (UDs) under each sub-department. These
UDs are UD 9- Hluttaw Meetings, UD 10- Committees, UD 11- Laws, UD 12- Motions and Questions,
UD 13- Planning and Finance, UD 14- Admin and Finance, UD 15- Complaints and Appeals and UD
16- Library, Archive and Research.
The support and function of hluttaw offices improved after structural changes to hlut-
taw offices took effect in mid-2014. Changes were manifested in two main actions: 1) the expan-
sion of the number of unit departments from four to eight, and 2) the replacement of office heads
who were supervised by deputy directors or assistant directors with director-level staff, which im-
proved the overall power and effectiveness of staff. Those departments which were restructured
are UD 10- Committees, UD 12- Motions and Questions, UD 13- Planning and Finance, UD 14- Admin
and Finance, UD 15- Complaints and Appeals, and UD 16- Library, Archive and Research.
Respondents expressed concerns regarding the capacity of hluttaw office staff de-
spite the sufficient number of staff. The most common concern shared by respondents was the
frequent transfer of office staff from one place to another within the GAD system. For the hluttaw
offices, this resulted in frequent turn-over and with the employment of several staff who lack the
necessary political knowledge to carry out the duties of the position. Respondents stressed that
they believe the work of the hluttaw support staff differs drastically from other GAD work. They say
that GAD staff who work at hluttaw offices need to invest more time in understanding the impor-
tance of the hluttaw.
Active MPs, local CSOs and the media expressed concerns over the lack of transparen-
cy and limited access to information in surveyed hluttaw offices. Respondents stated that it
took a long time to receive requested data and information from hluttaw offices. On many occa-
sions, hluttaw office staff responded to requests stating that the requested data or information
were not available for distribution. Local media and CSOs complained that most of the information
they requested and received could not be shared with the public as these documents are marked
as “Kant That,” which means “closed or not for public consumption.” Some active MPs pointed out
that such restrictions on information are unconstitutional according to Chapter 4, Article 184, which
allows for state and region activity records to be shared with the public.
17
Recommendations
Based on all key findings, the study concludes that three main factors contribute to the per-
formance and effectiveness of local legislatures. These are:
• (1) Structural limitations and barriers;
• (2) Limited institutional and human capacity;
• (3) Personal attributes or leadership abilities.
Recommendations for each factor are provided in the following sections. These recommenda-
tions aim to promote the role and institutional development of local legislatures in ways that will
foster decentralization. Recommendations reflect the needs and wants of surveyed key respondents
Structural limitations and barriers
The study identified structural limitations as the top factor undermining the role and effective-
ness of local legislatures.
The ability for members to accept dual roles in the legislative and executive is identified
by respondents as the most common structural issue. This significantly compromises the role and
duty of local legislatures. As most MPs participated as respondents, the study recommends a
thorough review on the system of dual roles allowed by the current constitution, which is appar-
ently in contrary to the system applied in the Union Hluttaws.
The study reported that most leaders and MPs of studied hluttaws and CSOs recommend a
system where the chief minister of a state or a region is elected by its legislature as
opposed to the current system where the Union President appoints chief ministers. Respondents
feel that such a system is an important contribution to a clear checks-and-balance system.
The study observed that the role and support of the constitutional tribunal is ambiguous
and that the institution is currently too weak to resolve issues where the legislative mandate
is not clearly defined by the Constitution and requires a case-by-case review from an authorized
independent body. Other than referring legislatures to the president for advice, the constitutional
tribunal has not been able to provide any strong advice as an independent body. Thus, this study
recommends the development of a strong independent tribunal with sufficient technical capacity
to provide necessary advice, feedback and decisions.
Based on information from key respondents in the studied hluttaws, this study recommends
improvements on cooperation and coordination mechanisms between local administrations
and legislatures. Leaders of local legislatures feel that the regular general administrative meet-
ings organized by the state or region administrations are not sufficient to strengthen cooperation
and coordination. Respondents suggested scheduling regular meetings to specifically focus on
coordination and collaboration between committees of local legislatures and relevant government
departments.
18
Limited institutional and human capacity

Feedback from respondents clearly reflects the limited institutional and individual capacity of
local legislatures.
The development of the national-level strategic plan for the institutional capacity build-
ing of local legislatures should be a concerted effort between the Union Government and local
legislatures, international and local CSOs and the designated bodies from all local legislatures.
Based on the strategic plan, local legislature should develop individualized plans and approaches
that meet their own priorities and needs. These capacity building plans should be financed by the
Union and to some extent through international support.
Respondents identified a need for regular coordination and learning exchange plat-
forms among local legislatures. They expressed that they learn from each other’s legislation and
oversight practices but admitted that the sense of competition provided through such platforms
encourages them to improve their work. Respondents also identified a desire to learn the best
international practices and for further exposure to international institutions.
Leaders, active MPs and some local CSOs view regular performance reviews as import-
ant channels through which to provide local legislatures with the feedback necessary to
improve their effectiveness. Some suggested participatory review by CSOs, MPs and local lead-
ers, while others suggested reviews initiated by an organization or designated body of technical
individuals. The study recommends implementing a legal and institutional framework for assessing
performance where progress will be shared with all stakeholders. Individual performance assess-
ments should also be included in this mechanism.
Capacity building programs for parliamentary support offices must not be neglected. All
key respondents expressed a need for training dedicated to hluttaw support staff. Respondents
view these staff members as essential to the transfer of skills and practices to new hluttaw MPs
and staff. All key respondents expressed a need for training dedicated to hluttaw support staff.
The physical separation of hluttaw buildings from the state and region government
annex is strongly recommended by the study. It is important, according to hluttaw leaders and
MPs, that hluttaws be separated from the state government offices in order to 1) create a physical
separation of the roles of the local legislature and administration; 2) alleviate concerns regarding
unwanted influence from the executive, particularly from chief ministers and GADs; 3) adequately
provide the needed space for committees and MPs in residence during hluttaw sessions.
Personal attributes or leadership capacity
Personal attributes, interpreted mainly as individual leadership and work abilities, as well as
capacity of creating mutually respectful relationships with counterparts, influence the effective-
ness of local legislatures. High levels of leadership and work abilities improve the effectiveness of
the local legislatures and contribute to improving a system of checks and balances.
The leadership efforts and individual legislative and oversight efforts must be priori-
tized and unbiased at all times. These efforts must not be compromised by partisan political
interests or ethnic and nationalistic political interests. The study recommends constitutional sup-
port that guarantees a space to recognize and address the efforts of members of any political
19
party, especially those from political parties underrepresented in the hluttaw.
The role and space for female MPs must be promoted. The speakers of local legislatures
are in key positions to ensure that women have the opportunity for committee leadership posi-
tions and encourage their leadership endeavors. More importantly, as recommended by an active
female MP, the by-laws of the state and region hluttaws should guarantee opportunities for female
legislative members.
20
Introduction
The 2010 general election introduced subnational governments in Myanmar in 2011. These
structures of governance are new institutions for Myanmar, an historically centralized country. Al-
though local legislatures are important pillars of a federal state, insufficient attention has been
paid to their current performance and the challenges they must overcome to strengthen as insti-
tutions. To understand the progress of decentralization in Myanmar, it is necessary to provide
policy-makers, key stakeholders and donors with reliable and updated reports on subnational gov-
ernance. Until now, the 2013 The Asia Foundation and MDRI-CESD report, “State and Region Gov-
ernments in Myanmar,” is the only available comprehensive baseline assessment of state and re-
gion institutions in Myanmar.
Enlightened Myanmar Research Foundation (EMReF) conducted an exploratory assessment of

three states and regions in early 2015; the study indicated the need for a further comparative
study on the performance of state and region parliaments (hluttaws). Thus, the main purpose of
this study was to conduct a more comprehensive evaluation of the local legislatures in order to
recommend reliable evaluation mechanisms to help strengthen all local legislatures in Myanmar.
Objectives
The study aims to inform policy-makers, political actors, Myanmar CSOs, donors, and other
stakeholders on how effectively state and region hluttaws, as key federal institutions, performed
during their first term between 2010 and 2015 and how their performance contributed to the coun-
try’s democratic transition. The three key objectives of the study are:
• To provide policy recommendations for strengthening federal institutions based on an em-
pirical assessment of the performance of state and region hluttaws determined by tangible
and intangible indicators of legislative functions
• To set up a baseline database and data dashboard of parliamentary performance, which will
contribute to regular longitudinal assessments and sector-wide policy reviews necessary for
structural and individual performance improvements in state and region hluttaws
• To maintain findings as a public resource that contributes to improving knowledge, dialogue,

and policy making among and between all actors involved in Myanmar’s current transition.
Research Questions
The Performance Analysis on State and Region Hluttaws intends to answers the following key
research questions:
1. How effectively did state and region hluttaws perform between 2010 and 2015? How did
their performance vary?
2. What challenges, constraints, opportunities and future improvements influence the legis-
lative performance necessary for these institutions to become strong federal institutions
that contribute to democratic state building in Myanmar?
21
Focus Areas
As a result of intensive desk review and consultation with key informants, EMReF’s study team
identified six focus areas in state and region hluttaw performance. Within each of these areas,
EMReF identified both quantitative and qualitative performance indicators. Of the six focus areas,
legislation and oversight are given the most attention as they serve as the primary functions of a
legislature. The six focus areas are:
1. Legislation
2. Oversight
3. Public access and communication
4. Inclusion
5. Institution building and individual capacity building
6. Administrative capacity
Performance Indicators
In each focus area, the study team defined key performance indicators and qualitative and
quantitative sub-indicators. The key performance indicators are listed below, while all indicators,
including sub-indicators, are listed in Annex B.
Table 1. Summary of key indicators per focus area
Key Focus Areas Key Performance Indicators
Legislation Legislative effectiveness and challenges
Oversight Oversight effectiveness and challenges
Effectiveness of budget oversight activities
Public Access and Communication Effectiveness of communication and public access to informa-
tion, including information distribution
Inclusion Space for female representatives and members of parties with

minority seats in the parliaments
Institution building and individual capacity building Institutional capacity building initiatives and plans for parlia-
mentary bodies, individual members and administrative sup-
port office and staff
Administrative capacity Effectiveness and efficiency of hluttaw administrative offices
Scope of Research
The study selected eight out of the fourteen total local hluttaws for in-depth analysis and
collected primary research data from all states and regions. The eight selected hluttaws are Mon
State, Shan State, Kayin State, Rakhine State, Tanintharyi Region, Sagaing Region, Ayeyarwaddy
Region and Yangon Region Hluttaws. EMReF selected these eight based on 1) selecting an equal
number of samples from the administrative states and regions, 2) representing different parlia-
ment sizes, and 3) accounting for variations of party representation (see Table 2 below for the
specifications of samples and Annex A. for the populations of the studied hluttaws). Although the
study explored the relationship dynamics between state and region executive and legislative
branches, emphasis is given to legislatures.
22
Table 2. Specifications of selected samples
State/Region Hluttaw Size Party representation State or Region
Kayin Small USDP Dominated in a State

multi-party environment
Mon Small USDP Dominated; Active State

participation by a party/parties
with minor representation
Rakhine Medium Mixed representation in State

a multi-party environment
Shan Large Mixed representation State
Ayeyarwaddy Medium USDP Dominated Region
Sagaing Large USDP Dominated Region
Tanintharyi Small USDP Dominated Region
Yangon Large USDP Dominated; Active Region

participation by a party/parties
with minor representation
Table 3. Summary of populations and the number of parties represented in the

studied hluttaws
Number of parties
States/Regions Total MPs Elected MPs Military MPs
seated in Hluttaw
Kayin 5 23 17 6
Mon 3 31 23 8
Rakhine 4 47 35 12
Shan 9 143 107 36
Ayeyarwaddy 3 72 54 18
Sagaing 3 101 76 25
Tanintharyi 2 28 21 7
Yangon 7 92 61 31
Target Respondents
The study also collected feedback from actors on the demand side, including civil societies,
local media and political parties with limited representation. The primary focus, however, remained
on the supply-side, notably the institutional and legal arrangements, outputs and effectiveness,
and the perceptions of individuals in crucial decision-making roles in local parliaments. The target
actors or key informants are identified in Figure 1 below. The number of respondents covered by
the study is summarized in Table 4.
23
Figure 1. Mapping of key respondents covered by the study
Hluttaw
Hluttaw Leaders/MPs/
Office Committees
Staff (9) (44)
CSO (14)
Gov’t/
Cabinet
members
(9) Political
Parties Media
(12) (9)
Table 4. Summary of key informants who participated in the study
Hluttaw Ministers/
Hluttaw Political
State/Region Leaders/ Dep’t CSOs Media Total
Office Staff Parties
MPs Officers
Kayin 7 1 0 4 1 2 15
Mon 6 1 2 1 2 2 14
Rakhine 2 1 1 2 0 1 7
Shan 3 1 1 1 1 1 8
Ayeyarwaddy 4 1 1 1 1 0 8
Sagaing 14 1 2 2 1 1 21
Tanintharyi 5 2 1 2 2 3 15
Yangon 3 1 1 1 1 2 9
Total 44 9 9 14 9 12 97
24
Methodology
This study utilized two methods of qualitative primary data collection: in-depth interviews and
data collected from the hluttaw offices based on the defined performance indicators. The team
also conducted a desk review of current legal institutions related to the local and Union legisla-
tures and on local governance.
Limitations
The study attempted to measure the inclusiveness of local legislatures by looking at how mi-
nority parties and female representatives created space to articulate their constituents’ needs in
legislatures dominated by one major party. The qualitative indicators of inclusiveness that the
study looked at included the perceptions minorities have on the treatment of their actions in hlut-
taws. Additionally, quantifiable indicators include the number of bills, motions, and questions sub-
mitted by representatives from minority parties and female representatives as baseline data. The
study, however, was not able to include enough respondents from the target minority groups due
to time limitations to make strong conclusions with regards to minority groups from the data. The
study team also faced challenges in accessing quantitative indicators as these data had to be
located from hard copy meeting minutes from 2010 until the time of the study.
25
Key Findings
Legislation
Legislative outputs
The number of non-routine laws is an important visible and tangible output indicator of
legislative effectiveness. According to the 2008 Constitution, certain laws prepared and submit-
ted to local legislatures by state and region government administrations are considered routine
laws. Routine laws include the Annual Budget Law, the Supplementary Budget Allocation Law,3 the
Local Development Plan Law outlining local priorities, and the Tax Law. However, the Tax Law is a
law that can only be submitted from the administrative side; it is not necessarily an annual legisla-
tive requirement. Local legislatures (state and region hluttaws) are required as part of their routine
legislative activities to review and pass these routine laws.
In addition to reviewing and passing routine laws, there are several other important legislative
efforts that contribute to the effectiveness and performance of state and region hluttaws. The
number of non-routine laws passed is another key indicator of performance. Most non-routine laws
are prepared and passed in response to local policy needs in the respective geographic areas of
each local parliament, determined by Schedule Two of the 2008 Constitution. Examples of non-rou-
tine laws include the Fishery Law, the Law for Village Firewood Plantation, the Law for Fire and
Natural Disaster Preventive Measures, the Law for Household Industry, and the Law for Systemat-
ic Transportation of Water Vehicles.
During data collection, MPs from all the studied hluttaws expressed their opinions that non-rou-
tine laws are more important indicators of legislative output than routine laws. The Asia Founda-
tion’s “State and Region Governments in Myanmar”4 suggests the same: “…perhaps better indica-
tion of political decentralization and legislative autonomy would be to exclude the two ‘routine’
actions required of all states and regions: passing the budget law and the development plan.”
Among studied hluttaws, Sagaing Region, Mandalay Region and Kachin State Hluttaws passed
the most non-routine laws with 30, 29 and 27, or 62.5%, 64.4% and 63% of their individual total
legislative outputs, respectively (see Table 5 and Figure 3 below).
3
In most states and regions, supplementary budget laws were prepared and submitted to state and region hluttaws to be
approved as laws since the local governments required additional budget during the fiscal year.
4
Nixon, Joelene, Chit Saw, Lynn & Arnold. (2013). State and Region Governments in Myanmar
26
Table 5: Summary of comparing the legislative outputs of local legislatures

between 2010-2015
Region/State Routine Laws Non Routine Laws Laws Passed Total
Kachin 16 27 43
Kayah 15 9 24
Kayin 15 10 25
Chin 13 20 33
Sagaing 18 30 48
Tanintharyi 16 13 29
Bago 16 20 36
Magway 14 16 30
Mandalay 16 29 45
Mon 16 22 38
Rakhine 15 14 29
Yangon 15 10 25
Shan 16 12 28
Ayeyarwaddy 15 20 35
State or region hluttaws have yet to pass a law for the economic sector, one of eight
sectors defined in Schedule Two of the 2008 Constitution5 (See Table 6 and Figure 2
below). The economic sector is the second major sector in Schedule Two. Within the economic
sector, there are five sub-sectors: (1) economic matters undertaken in the region or state in accor-
dance with the Union laws; (2) commercial matters undertaken in the region or state in accordance
with Union laws; (3) co-operative matters undertaken in the region or state in accordance with
Union laws; (4) hospitality business undertaken in the region or state in accordance with Union
laws; and (5) tour business undertaken in the region
or state in accordance with Union laws.
“The [economic] sector is
No state or region government has yet to pro-
mentioned, but just look at
mulgate a law in any of the five economic sub-sec-
tors. Active members of parliament and CSO leaders the way it is mentioned. All
viewed the ambiguity of legislative power in Sched- [hluttaws] are limited by the
ule Two as a major limitation to hluttaw performance. Union mandate. No one
Despite the authority Schedule Two provides state
knows to what extent we
and region hluttaws, Union laws severely limit local
legislative authority. Following the economic sector, are able to make laws for
the fewest number of laws have been promulgated [the economic sector]”
in the industrial sector. Among studied hluttaws,
Active members, Tanintharyi
only two local hluttaws, Mon State Hluttaw and
Region Hluttaw
Ayeyarwaddy Region Hluttaw, have promulgated a
law for the industrial sector.6
5
In the current constitution, there are a total of eight sectors defined as major sectors under Schedule Two of the Legislative List
of States and Regions. Within these eight sectors, there were first 41 sub-sectors prior to the approval of the Law Amending the
Constitution and now there are 75 sub-sectors in total.
6
Among all states and regions, only four – Kachin State, Mon State, Ayeyarwaddy Region and Mandalay Region Hluttaws - have
laws for small-scale domestic manual and machinery businesses.
27
Table 6. Summary of laws promulgated in the eight major sectors
Sectors Kayin Mon Rakhine Shan Ayeyar Sagaing Tanintharyi Yangon
Finance and 16 18 16 17 19 26 16 16
Planning
Economic 0 0 0 0 0 0 0 0
Agriculture and 1 3 2 4 5 4 1 1
Livestock
Energy, Electricity, 1 4 2 1 4 5 2 1
Mining and Forestry
Industrial 0 1 0 0 1 0 0 0
Transportation, 2 3 2 1 2 4 3 2
Communication
and Construction
Social 2 5 4 3 1 7 6 1
Management 3 4 3 2 3 2 1 4
Total 25 38 29 28 35 48 29 25
The number of laws amended and replaced is also an important indicator of performance
as it reflects a hluttaw’s ability to respond to the needs and shortfalls of previously passed
laws. These laws are considered non-routine laws. In all studied states and regions, concerned local
government ministries and departments reviewed laws promulgated by state and region hluttaws
during their first two years and amended or replaced original laws (see Figure 2 below). According to
some local bill committee members, there was a strong need for amendments to or replacements of
earlier laws as they were heavily influenced by former Union laws and insufficiently addressed local
needs. For example, the Tanintharyi Region Fishery Law, which was first passed during the fourth
session of the first hluttaw session in October 2012, reflected the Union Fishery Law. Thus, it was
replaced and given a new title, the Tanintharyi Region Fresh Water and Nearshore Fishery Law.
Figure 2: Number of laws amended out of the total number of non-routine laws
35
30 5
25 3
20
5
15 1 27
1 25
1 22 2
10
14 13
12
10
5 10
0
n
n
ry
d
in
yi
in
o
a
d
h
M
g
a
th
a
S
n
K
g
ck
rw
a
a
in
Y
a
S
ya
n
R
Ta
ye
A
Total Non-routine Laws Total Laws Amended and Replaced
28
The number of legislation committee meetings held by hluttaws is also an important

indicator of legislative performance. The Legislation Committee was one of three committees
formed by all state and region hluttaws within the first five-year term. According to respondents
from the surveyed hluttaws, hluttaws formed these legislation committees to review and prepare
bills.7 The committee is intended to be the main legislative body involved in drafting laws and re-
viewing the bills submitted by the state or region government. The study found, however, that the
legislation committees of some hluttaws, particularly Ayeyarwaddy Region Hluttaw and Tanin-
tharyi Region Hluttaw, were supported by groups comprised primarily of external resource special-
ists. The Rakhine State Hluttaw could not be compared to the other hluttaws as they did not
document the number of legislation committee meetings and these meetings were not open to
other MPs.
Figure 3. Summary of the available number of legislation committee meetings

across studied Hluttaws
135
74
70
63
9 10
Another indicator used to evaluate the performance of hluttaws is the total number of
sessions and the duration of each session. However, this does not directly correlate to the pro-
ductivity of the respective hluttaw. The data show that all studied hluttaws conduct special and
emergency sessions in addition to regular sessions. While EMReF did not collect data on the spe-
cific reasons for special and emergency sessions, respondents shared that hluttaws typically
called special and emergency sessions when faced with a scheduling issue that affected their
ability to call hluttaw to session 21 days in advance, according to procedure.
7
Either the state and region hluttaw laws or the rules of specific state or region hluttaw laws provide official instruction for the
formation of specific committees.
29
Table 7. Summary of the sessions and their duration in the studied hluttaws8
Number of Sessions Number of Days
States/Regions Regular Special Emergency Total Regular Special Emergency Total
Kayin 13 3 5 21 53 6 9 68
Mon 13 3 1 17 43 6 1 50
Rakhine 13 3 1 17 146 9 1 156
Shan 13 4 2 19 51 8 5 64
Ayeyarwaddy 14 6 1 21 126 16 1 143
Sagaing 14 9 1 24 69 23 1 93
Tanintharyi 14 4 0 18 43 7 0 50
Yangon 10 9 1 20 DNA DNA DNA DNA
Legislative effectiveness and constraints

While the overall performances of local legislatures can be measured by the above mentioned
these tangible indicators, the effectiveness of these legislatures can also be measured by several
intangible factors, including structural limitations, procedural constraints, limited institutional
capacity and personal attributes.
Structural limitations
All studied hluttaws reported that the semi-parliamentary structure of local legislatures,
which allows elected local legislative members to simultaneously take positions as executive
members, limited their overall effectiveness. The current constitution permits dual positions in
state and region hluttaws despite requiring elected Union legislative members to relinquish their
legislative responsibilities if they accept an executive position. Surveyed hluttaw leaders and MPs
prefer the policies used in the Union Government. Many also suggested holding local bi-elections
to replace vacant legislative seats, as is practiced at the Union level. These hluttaw leaders and
MPs believe that the capacity, role and authority of local legislatures has been diluted by allowing
MPs to simultaneously hold executive and legislative positions.
In the smaller states and regions where a significant number of elected MPs were appoint-
ed to cabinet positions as state or region ministers, notably Kayin State, Mon State and Tanin-
tharyi Region, the dual role issue is a larger
problem. Data collected during the study show “The problem started with the
that 64%, 65%, 55%, and 32% of elected MPs in constitution. There is no bi-election
Kayin State, Mon State, Tanintharyi Region and
to replace [members who took
Rakhine State Hluttaws, respectively, accepted
positions in the cabinet]. The way
dual positions. This has hindered the effective-
they participate in hluttaw is like
ness of the hluttaw, given that only a few “ordi-
nary members” have regularly attended and ac- someone asking himself if he has
tively participated in the hluttaw sessions. (see had lunch or not”
Table 8 and Figure 4). Among all 14 local hluttaws, Deputy Speaker, Kayin State Hluttaw
Kayin State Hluttaw had the second highest per-
8
The data for the duration of hluttaw sessions are not available for Yangon Region Hluttaw
30
centage of members in dual role positions. Of the 14 elected MPs in Kayin State Hluttaw, 9 hold
dual executive positions. Of the remaining MPs who do not hold dual positions, only one remained
active. Another passed away and the active participation of the others are inhibited by old age
and poor health conditions. Kayin State Hluttaw leaders and MPs expressed that they had to
struggle to prepare bills due to inadequate human resources.
Table 8. The number of elected MPs who took cabinet positions and the total
original number of elected MPs
State/Region MPs taken Dual Role Total Elected MPs % of members taken dual role
Kayin 9 14 64%
Mon 13 20 65%
Rakhine 11 34 32%
Shan 17 96 18%
Ayeyarwaddy 11 52 21%
Sagaing 11 74 15%
Tanintharyi 11 20 55%
Yangon 10 90 11%
Total 93 400 23%
Figure 4. Summary of the MPs who took cabinet positions and the total
original number of elected MPs
10 90
Yangon
Tanintharyi 11 20
11 74
Sagaing
11 52
Ayeyarwaddy
17 96
Shan
Rakhine 11 34
13 20
Mon
Kayin 9 14
0 20 40 60 80 100 120
MPs taken Dual Role Total Elected MPs
31
The ambiguity of what is and is not permis-

sible under Schedule One and Schedule Two of “The legislative efforts are in vain
the Constitution9 discouraged legislative ef-
due to confusion [between
forts and interests at the local level. Some ac-
tive MPs and speakers suggested that clarity is Schedule One and Two]. The bill
needed in Schedule Two, while others suggested for Shwe Ti Gon Pagoda
vesting residual power with the states and re-
Trusteeship Law could not be
gions. The areas that, according to local legisla-
tive members, lacked the most clarity were the
submitted as they said Shwe Ti
economy, local development activities and taxa- Gon’s image is Union-level
tion. The ambiguity and confusion of legislative authority. Another effort for a bill
authority in the 2008 Constitution has hindered
for the provision of allowance to
local legislative efforts. Some efforts have been
bared as early as the law-making proposal stage those teachers working in
while others remain pending. As a result of these remote areas of Yangon was
structural constraints, local legislatures are reluc-
also treated as Union legislative
tant to initiate new policies. The study gathered
power.”
strong evidence for these clarity issues in hlut-
taws from those active MPs included as respon- An elected MP, Yangon Region Hluttaw
dents, notably Mon State, Yangon Region and
Tanintharyi Region Hluttaw.
Articles 446 and 447 of the Constitution conflict with the legislative authority granted to
local legislatures in Article 188. Although the study recorded only one strong case in Mon State
Hluttaw of a local legislative procedure being suspended as a result of being interpreted as in
conflict with Articles 446 and 447 of the Constitution, several respondents from other local legis-
latures reported this particular case as strong evidence of the existing conflict. Respondents ex-
pressed that such an incidence highlights the ambiguity of official local legislative power. Thus, the
study considers the experience from Mon State Hluttaw regarding a land taxation bill to be a sig-
nificant finding.
Table 9. A Comparison of Articles 188, 446 and 447
Article 188 Article 446 and Article 447
188. The region or state hluttaw shall have the right to enact 446. Existing laws shall remain in operation insofar as they are
laws for the entire or any part of the region or state related to not contrary to this constitution or until and unless they are
matters prescribed in Schedule Two of Hluttaw Legislative List. repealed or amended by the Pyidaungsu (Union) Hluttaw.
447. Existing rules, regulations, by-laws, notifications, orders,

directives and procedures shall remain in operation insofar as
they are not contrary to this constitution until and unless they
are repealed or amended by the Union Government.
9
In the 2008 Constitution, Schedule One is “The Union Legislative List,” which describes the breadth of the power granted to the
central government. Schedule Two is “The Region or State Legislative List,” which states the residual prerogatives granted to state
and region governments
32
Box 1. Mon State Land Tax Law: a pending law
The Mon State Hluttaw approved the Mon State Land Tax Law in December 2012. The law set the new land tax
rates and required concerned departments to apply the new rate. The concerned departments did not comply and
they continued to follow the existing Union laws. Even the official request from the Mon State Chief Minister was not
successful in rendering compliance. The departments justified their actions on the basis that, according to Articles
446 and 447 of the 2008 Constitution, the Union laws shall prevail as long as they are not revoked by the appropriate
Union-level institution.
However, Mon State Hluttaw and the State Administration argued that these Union level laws should not prevail
as they are unconstitutional. The same articles state, “existing laws shall remain in operation in so far as they are
not contrary to this constitution.” They proclaimed that “land tax” is well defined under the state legislative power in
Schedule Two of the Constitution. The Mon State Hluttaw submitted the case to the Union Constitutional Tribunal
to interpret the law while the bill was in discussion. While the law was approved by the state hluttaw, the tribunal
suggested coordination with the president.
Thus, they submitted the letter to the president. The president’s response suggested that the policies of the
new Mon State Land Tax Law shall be carried out only when all states and regions have passed land tax laws and
the land registration process and issuance of Form 7 covers the whole country. Consequently, the Mon State Land
Tax Law became a pending law, while the issue remained controversial among local legislative members. No other
legislative efforts for land tax laws appeared in any other state or region hluttaw.

The limited legal knowledge and experience of local legislative members in drafting laws
has been a significant constraint to hluttaw
performance. MPs articulated that local admin- “As we are in need of people with
istrative departments faced similar challenges.
legal knowledge, we are happy to
The study found that only a few non-routine
have any person or organization that
laws submitted by state and region ministries,
wants to help. …Though we have a
notably municipal laws and fishery laws, were
drafted by the relevant departments. The re- [Legal Review] Commission, we never
maining non-routine laws were drafted by hlut- get their support, and as far as I know,
taw legislation committees and turned over to they never conduct reviews on laws”
the respective ministry to be officially submitted An elected MP, Kayin State Hluttaw
as a bill in the respective hluttaw.
The limited experience of local ministries and departments in drafting bills constrained
and delayed the implementation of laws promulgated as rules and regulations. Most studied
hluttaws confirmed that only about half of their approved administrative laws have relevant rules
and regulations developed and submitted by the appropriate departments. Although it is not re-
quired for laws to promulgate supporting rules and regulations, both local legislative and executive
authorities generally perceive such rules and regulations to be necessary.
Some hluttaws have legal review or legislation review commissions but these played only
a minor role in most surveyed hluttaws. Of the six studied hluttaws that have such a commission,
only three – Tanintharyi Region Hluttaw, Mon State Hluttaw and Ayeyarwaddy Region Hluttaw -
reported that the commission worked closely with legislation committees in drafting laws through
regular meetings. In two of the studied hluttaws, Yangon Region Hluttaw and Shan State Hluttaw,
there were no external support groups assisting with legislation. Those commissions that do exist
are chaired by hluttaw speakers or deputy speakers and consisted of external resource personnel,
notably law professors, retired and practicing attorneys, legal and law enforcement officers, legal
advocates, and retired policy chiefs.
33
Personal attributes
Leaders of local legislatures particularly the speakers, have significant influence on the
effectiveness of the hluttaws. The majority of surveyed MPs and key informants from CSOs, the
media and political parties expressed that hluttaw performance depends on leaders’ ability to
develop relationships with state and region chief ministers.
In only four out of the eight studied hluttaws were speakers with strong leadership abili-
ties able to lead their hluttaws to an observable level of success. These hluttaws were the Mon
State, Tanintharyi Region, Sagaing Region, and Ayeyarwaddy Region Hluttaws. This was appreci-
ated by not only the MPs of the respective hluttaws but also local CSOs and the media. In these
four hluttaws, there was an even split between hluttaw speakers of a civilian background and
those of a military background. The speakers of the Mon State Hluttaw and Sagaing Region Hlut-
taw are civilians while those of the Tanintharyi Region Hluttaw and Ayeyarwaddy Region Hluttaw
are former military personnel. Based on information from relevant respondents, the study deter-
mined that legislative leadership is not as important in Yangon Region Hluttaw or Shan State
Hluttaw and that there is no opinion regarding legislative leadership in Rakhine State Hluttaw.
Respondents articulated that the hluttaw speakers’ relationships with executive officials,
particularly chief ministers, is a significant power relationship that influences hluttaw perfor-
mance, particularly during political transition. The study found that speakers of the Mon State,
Tanintharyi Region, Sagaing Region, and Ayeyarwaddy Region Hluttaws maintained mutually re-
spectful relationships albeit to varying degrees.
In Mon State and Sagaing Region Hluttaws, civilian speakers maintained good relation-
ships with the chief ministers who were
formerly senior military personnel, which
contributed to their success as leaders. This
earned these leaders a good reputation among “The motion for the bill for the
other hluttaws and stakeholders, such as CSOs,
evaluation on local development
the media and local political opponents. Most
respondents perceived that speakers from se- projects was not even allowed to
nior military backgrounds were most likely to be be submitted as a motion as [the
able to form upper-hand relationships or be in a
speaker] thought that it would
good position to counterbalance the executive,
given that the executive is predominantly led by
make trouble for the region
former high profile military personnel. Respon- government.”
dents further expressed beliefs that only such An elected MP, Yangon Region Hluttaw
relationships between the executive and legis-
lative involving former senior military personnel
would provide the necessary foundations for “The motion I submitted for preparing
the local hluttaws to develop as the second pil- the municipal bill was rejected, and
lar of a democratic checks-and-balance system.
the same motion submitted by the
Despite these common perceptions, however,
the study found that the speakers of the Mon municipal department was passed
State and Sagaing Region Hluttaws, both of ci- through, though it came later”
vilian background, maintain a mutually respect- An elected MP, Yangon Region Hluttaw
ful relationship with the executive officials who
were previously senior military members. When
asked about the leadership characteristics that
best foster diplomatic relations, respondents
34
stated that previous experience, educational background, and, most importantly, the individual will
for change are the key characteristics of a strong and successful leader. Such characteristics
helped leaders succeed in leading their hluttaws to a measurable level of success, even in the
challenging context of a democratic transition (Please see Annex C. for the occupational back-
ground of hluttaw speakers and chief ministers and the relationships between legislative and ex-
ecutive officials).
Contrary to Mon State and Sagaing Region, the study found that weak leadership in
Yangon Region Hluttaw and Shan State Hluttaw constrained the efforts of active members,
particularly with regards to their legislative oversight initiatives. Active members of these hlut-
taws expressed that they faced challenges in their legislative efforts as hluttaw speakers control
all initiations of legislation and oversight. They were required to informally discuss their plans for
bill submissions and motions with the speakers instead of going through proper procedural steps
for the submission of bills and motions from individual members. Officially, bills and motions are
supposed to be sent directly to the administrative office of concerned hluttaws. The study found
such constraints to be most prevalent in Yangon Region Hluttaw where active members often
initiated legislation but almost all were taken in vain.
The active legislative and oversight efforts of individual MPs in Mon Sate Hluttaw and Yan-
gon Region Hluttaw were considered outstanding cases that prove that strong individual ef-
forts can influence local legislatures and show how individuals can effectively resist influence from
executive officials. Regarding Mon State Hluttaw, elected member U Aung Naing Oo from the All
Mon Region Democracy Party (AMRDP) received strong applause from his colleagues, including the
speaker, MPs from other political parties, and other stakeholders from CSOs and the media for his
legislative and oversight efforts (See Box 3 below for his detailed profile). In the case of the Yangon
Region Hluttaw, CSOs and local media strongly appreciated the legislative and oversight efforts of
one female MP, Daw Nyo Nyo Thin, the independent candidate, and two other MPs, U Kyaw from
New National Democracy Party and Dr. Zaw Aye Maung from the Arakan National Party . Respon-
dents referred to these individuals as “watch dogs” as they have resisted regional government
actions during unfavorable situations posed by weak hluttaw leaders or the strong influence of
the region’s GAD.
Box 2. Profile of Dr. Nyo Nyo Thin, the elected MP of Yangon Region Hluttaw (2010-
2015)
Name: Nyo Nyo Thin

Ethnicity: Bamar
Education: Doctor of Laws (Japan), LL.M (Japan), LL.M(YU), LL.B(YU), Diploma in Japanese (UFL), Diploma in
French (UFL)
Carrier: Board of Director of Yangon Watch (political and legal activist group); legal consultant
Constituency: Bahan Constituency (2)
Party: Individual
Political carrier: Elected MP of the first Yangon Region Hluttaw from 2010-2015. Contested in the same con-
stituency in the 2015 general election but was not reelected.
Legislative efforts: Dr. Nyo Nyo Thin prepared and proposed numerous bills and by-laws, though most of
them were not successful. Some of the well-known bills she proposed include:
- The bill for the Shwedagon Pagoda Trustee Law, which was rejected by the Yangon Region Hluttaw with
the reason that the subject was not within the legislative authority of the states and regions.
- The City of Yangon Development bill. She prepared and attempted to submit the bill in 2011, but was
unsuccessful. In 2013, Yangon Region Hluttaw submitted a similar bill, “Yangon City Development Committee
35
Law,” and passed it into law.

- The Tax Assessment bill. Although the bill was not successful, the concerned department of the Yangon
Region Hluttaw issued similar rules as official orders.
- The Investigation on Development Plans/Projects bill, which was not successful because it did not have
the support of the Yangon Region Chief Minister and hluttaw speaker
Oversight efforts: Dr. Nyo Nyo Thin, who submitted over forty motions and about four hundred questions,
stood out as the most outstanding legislative figure during U Thein Sein’s presidency. She was the most
prominent watchdog and critic who pointed out the major pitfalls in those public spending and development
projects that did not greatly benefit the public. She always took advice and feedback from the public and
established herself as an approachable resource with the media and research institutions. This approach-
ability greatly benefited the public as the Yangon Region Hluttaw has been a difficult hluttaw from which to
obtain information. She was awarded several honorary awards, including the Women’s Rights and Politics
Award, Lu Htu Shae Saung (People’s Leader) Award, Iron Rose in Hluttaw Award, One Lion Award, Rising
Star Award and Tha Tinn Lu Thar (Media Resource Person) Award. She was also listed among the 100 most
influential women of 2014.
Box 3. Profile of Dr. Aung Naing Oo, the elected MP of Mon State Hluttaw
Name: Aung Naing Oo

Ethnicity: Mon
Education: B.V.Sc
Carrier: Business owner (photo studio)
Constituency: Chaung Sone (1)
Party: All Mon Region Democracy Party (AMRDP)
Political carrier: Elected MP of both the first and second Mon State Hluttaw
Legislative efforts: Prepared and submitted three bills: 1. The Bill of Supervision on Mon State Play The-
aters; 2. The Bill of Small and Medium Industries; 3. The Bill of Small and Medium Electric Power Industries.
The first and second bills were passed into laws and the third one remained in discussion at the time of
the study.
Oversight efforts: He initiated the reform that changed the Committee for Reviewing Enforcement and
Implementation of Law, Motion, Questions to the Committee for Reviewing Enforcement and Implementa-
tion of Law, Motion, Questions, and Local Development Projects, Government’s Budgetary Managements
(revenues and spending). This reform enhanced the oversight authority of the hluttaw on the government’s
actions and implementations. He was nominated as a chair for the committee by the hluttaw speaker. He
voluntarily leads the review process of the government’s budget bill.
During his first term, he submitted over 40 motions and questions. He always initiates public consultations
for bills and development projects.
36
Oversight
Most respondents from the studied local legislatures identified legislative oversight as an
important duty of hluttaws. All respondents from studied local legislatures view legislative over-
sight as the most important action of a checks-and-balance system.
The study identified four types of oversight actions practiced across all studied hluttaws.
The level of effectiveness of these actions, however, varies among studied hluttaws. The four
oversight actions are 1. oversight through committees; 2. submission of motions; 3. submission of
questions; and 4. investigation of complaints and appeals submitted by the public. Respondents
from Mon State Hluttaw and Tanintharyi Region Hluttaw stated that government departments
were invited for occasional parliamentary hearings related to specific policies. The study cannot,
however, measure or confirm the success of these hearings. Respondents of the respective hlut-
taws did, nonetheless, appreciated such events as they allowed them to receive more information
from government departments.
Oversight effectiveness and constraints
The study found that the oversight functions of the hluttaws’ oversight committees re-
main weak. Only a few local legislatures have active and functioning oversight committees, nota-
bly those in Mon State, Tanintharyi Region and Ayeyarwaddy Region Hluttaws. The respective
committees are listed below.
Mon Tanintharyi Ayeyarwaddy
Committee for Reviewing Law, and Imple- Committee for Reviewing the Govern- Legislation Review Committee
mentation of Motions, Questions, Local ment’s Guarantees, Pledges and
Development, and Revenue and Expen- Accountability, and Complaints and
diture Appeal
Committee for Reviewing Legal and Gen-

eral Issues
The study found that hluttaws commonly had three committees: The Legislation Committee,
the Representative Vetting Committee, and the Ethnic Affairs Committee. In addition to these
committees, most hluttaws, except for Kayin State, Rakhine State and Yangon Region Hluttaws,
formed several other committees to regulate oversight functions. The number of these additional
committees, however, varied from two committees in Mon State Hluttaw and Rakhine State Hlut-
taw to ten committees in Ayeyarwaddy Region Hluttaw. The study identified the initiatives of the
committees in the Mon State Hluttaw as the best example of the ability of committees to effective
perform legislative oversight.
37
Box 4. Initiatives of the committees in Mon State Hluttaw
In Mon State Hluttaw, there were five total committees from 2010-2015. In addition to the three compulsory
committees only two other committees were formed for oversight purposes. These two are the Committee
for Reviewing Law and Implementation of Motions, Questions, Local Development, and Revenue and Ex-
penditure and the Committee for Reviewing Legal and General Issues. Most of these committees include
important external individuals, notably academics, legal experts, administrators, and CSO representatives.
Seventeen such individuals were included in the committees.
The committees, especially the Legislation Committee, the Committee for Reviewing Law, and Implementa-
tion of Motions, Questions, Local Development, and Revenue and Expenditure and Committee for Review-
ing Legal and General Issues, carried out regular weekly meetings. These committees have held biweekly
coordination meetings since 2015. In these meetings, committees present the progress of their reviews
and findings and they discuss actions to be taken. Authorized personnel from concerned government de-
partments are often invited for further information and discussion regarding coordinated solutions. Key
respondents from the Mon State Hluttaw referred to these meetings as “hearings” and believed outcomes
contribute to the performance of hluttaws; however, they also admitted that low levels of cooperation with
executive officials and members’ limited experience present challenges.
Oversight initiatives made through motions and questions, regular functions of all studied
local legislatures, are accessible oversight performance options. Making motions and questions
do not require extensive legal knowledge. The data show that Ayeyarwaddy Region Hluttaw and
Rakhine State Hluttaw submitted the most motions and questions during the first five-year term.
Table 10. Summary of motions and questions submitted in studied Hluttaws
Particular Kayin Mon Rakhine Shan Ayeyarwaddy Sagaing Tanintharyi Yangon
Motions 47 45 81 36 126 38 10 DNA
Questions 229 490 1522 655 1771 713 536 DNA
Total 276 535 1603 691 1897 751 546 DNA
Executive responses to these motions and questions varied greatly and the effectiveness
of responses is vague. Motions and questions officially become recorded as government pledges
when concerned ministers or department heads promise to act on specific motions and questions.
Those not recorded as government pledges remain recorded as submitted motions and questions.
Table 11 shows the number of motions and questions recorded as government pledges.10
The parameters used to measure how effectively government pledges were fulfilled and
implemented vary, and are thus not comparable across studied hluttaws. This rendered it was
difficult to determine if they reflected legislative effectiveness. Once motions were recorded as
government pledges, some hluttaws began monitoring how concerned ministries or departments
acted on these pledges. As a result of different monitoring procedures, the methods, parameters
and indicators used to assess how pledges were fulfilled or implemented vary. Some hluttaws,
Mon State Hluttaw in particular, have active monitoring teams that performed regular reviews and
ground assessments on the implementation and fulfillment of pledges. According to the data
collected, the majority of government pledges were successfully implemented (See Table 12). However,
the study also concluded that since the credibility of these data varied and the data were not
10
The data include some motions that are not intended for government actions or accountability. For instance, some motions are
made only for appraising or appreciating the actions or decisions of the local or Union governments.
38
comparable across studied hluttaws, it was difficult to determine the extent to which they reflect-
ed the actual effectiveness of local hluttaws. For instance, the data from Shan State Hluttaw,
which showed a 100% implementation rate of those motions and questions recorded as official
pledges, raised concerns and questions as to the effectiveness of such motions and actions.
Table 11. Summary of how many motions and questions become recorded as
pledges
The % of Motions/
States/Regions Total Motions & Questions Total Pledges Questions that became
pledges
Kayin 266 27 10%
Mon 524 DNA DNA
Rakhine 1585 1349 85%
Shan 671 6 1%
Ayeyarwaddy 1819 1351 74%
Sagaing 751 426 57%
Tanintharyi 546 246 45%
Yangon DNA DNA DNA
Table 12. Summary of questionable data that shows how pledges are responded
to across hluttaws
States/ Cancelled
Total Pledges Implemented Implementing Remaining Implemented %
Regions Pledges11
Kayin 27 5 0 22 0 19%
Mon DNA 35 DNA DNA DNA DNA
Rakhine 1349 647 391 311 0 48%
Shan 6 6 0 0 0 100
Ayeyarwaddy 1351 952 388 DNA 11 70%
Sagaing 426 373 40 0 13 88%
Tanintharyi 246 189 27 0 30 77%
Yangon DNA DNA DNA DNA DNA DNA
The effectiveness of how complaints were resolved across studied hluttaws cannot be
assessed by the recorded data. The study found similar variances in the methodology used to
trace the recorded number of complaints and the number resolved during the first five-year term.
(see Table 13). The data questionably showed that hluttaws with relatively better performance
such as Mon State Hluttaw solved only 22% of complaints while ones with weak performance, such
as Shan State Hluttaw, solved 100% of complaints.
11
Some states and regions hluttaws 2010-2015 cancelled pledges recorded during the first term (2010-2015) when the term ended.
These cancelled pledges were then not brought up to the new hluttaw of 2016-2020
39
Table 13. Summary of questionable data that indicate the level of complaints solved
State/Region Complaints Received Complaints Solved % Solved
Kayin 141 41 29%
Mon 1661 370 22%
Rakhine 149 139 93%
Shan 201 201 100%
Ayeyarwaddy DNA DNA DNA
Sagaing 73 66 90%
Tanintharyi 777 TBC TBC
Yangon DNA DNA DNA
The local legislative oversight efforts on state and region budgets and the local govern-
ment spending faces several different challenges and constraints. With the exception of
Ayeyarwaddy Region Hluttaw, studied hluttaws admitted that they were unable to review the
budget within the allotted time frame. These hluttaws had received the budget bill from the gov-
ernment within one two days before the hluttaw’s official discussion to approve the bill, an inade-
quate time to critically review the budget
Prior to formal discussion during a hluttaw session, budget bills were sent directly to the hlut-
taw offices with the exception of Ayeyarwaddy Region Hluttaw. In Ayeyarwaddy Region, bills were
first reviewed by the Legislation Review Committee12 within 7 to 10 days. During the review pro-
cess, committee members prepared revisions to the budget and submitted it to the Legislation
Committee for approval before discussion and approval at the hluttaw session.
The degree of influence hluttaws have to adjust the requested amounts in budget bills
was significantly low. There was almost no room for individual members’ advice. In hluttaws
where committees conducted budget reviews, such as Ayeyarwaddy Region Hluttaw, the hluttaw
had a better chance of influencing the bill. In contrary, when the bill was discussed directly in the
hluttaw, one or two candidates would express support for the bill and request the hluttaw’s ap-
proval. Advice presented was not accepted and accounted for. In only a few documented instanc-
es was advice presented during the hluttaw session accepted for the final bill. Examples from Mon
State Hluttaw highlight such successful cases.
Box 5. Individual members’ influence on the Budget Bill in Mon State Hluttaw
Case-1: A request by the state government for fifty million kyats from the 2014-2015 Budget Bill to build two
monasteries in Mon State was rejected after Dr. Aung Naing Oo, the MP from Chaung Sone Constituency -1,
suggested that local development be a budget priority. As a result of his discussion, MPs voted to remove
the requested budget line.
Case-2: During the discussion over the 2015-2016 Budget Bill, the government requested MMK 12,000,000 for
the construction of official guest houses in the government residential compound. Dr. Aung Naing Oo, argued
against the proposal saying that the large amount of money will benefit too few people and that it should in-
stead be used for local development projects that will benefit more people and communities. At the time of the
interview, respondents figured the possibility of the hluttaw adopting his advice was about 80%.
12
The Legislation Review Committee is comprised of hluttaw members and external resource individuals for drafting bills and
reviewing approved bills and rules and regulations submitted by government departments for the hluttaw’s review and approval.
40
Legislative oversight efforts on government budget and spending and on public services
and local development projects have faced several challenges. These challenges are mainly
due to limited cooperation from government departments. According to the study, Mon State
Hluttaw faced the fewest challenges, Shan State Hluttaw remained in a deadlock, and the expen-
diture oversight activities of Yangon State Hluttaw remain classified. The deadlock in the Shan
State Hluttaw is the result of the inability of the “Committee for Reviewing Implementation of Laws,
Motions and Questions, and Local Development Projects, Revenue and Expenditure” to access
regular and special expenditure records from the State Revenue and Expenditure Departments.
According to the committee, although they were able to easily place requests for the records, the
centralized control of the state government hindered their ability to access the requested records.
(see the quote box).
Box 6. Constraints on Government Pledges
Case-1: The motion requesting to establish a State Reserve Fund in Mon State was in vain after the state
government seemed hesitate to approve it despite agreeing on its purpose and benefits.
Case-2: The plan that came from the motion proposing the construction of a connecting road to the famous
Kyaik Teo (the Golden Rock) Pagoda from the express road, avoiding Kyaik Hto town and thus improving
traffic flow, has not yet been implemented as the concerned state department was still waiting for a reply
from the respective Union ministry.
Based on this research, individual members had limited interest in and opportunities to
study and question the yearly audit report during official hluttaw discussions. Respondents
expressed that they had been given little time to study the audit report as it was shared on the
day of or one day prior to the official presentation in the hluttaw. The study recorded only a few
instances in both Yangon Region Hluttaw and Mon State Hluttaw of active discussion of the audit
report. They expressed that their questions and advice on the findings of the report rarely re-
ceived proper responses and clarification from the government and the state or region auditors.
Barriers to effective oversight practic-

es through motions and questions include “The government does not share its
procedural constraints and ineffective co- activities and expenditures and the
ordination. While some motions and ques-
State Ministry for Border Area Develop-
tions successfully became government
pledges, the implementation of some pledg- ment does the same thing. So, we
es was delayed due to unclear authority be- directly sent a request to the con-
tween Schedule (A) and Schedule (B) of the cerned state departments, as allowed
2008 Constitution and limited coordination
by Article 64 of the Rules of State
between Union and state departments.
Some of the mentioned cases below reflect Legislature. Then we received a letter
these study findings. from the Chief Minister asking to make
our request through his office. This is
The constituencies where elected MPs
have accepted dual roles are underrepre- an act of centralized control. We still
sented. Respondents stated that there has have not received a response though
been limited discussion on those constitu- we requested directly through him. I
encies represented by MPs in dual positions
finally gave up”
as those MPs are unable to bring forward
questions and motions related to their con- Speaker, Shan State Hluttaw
stituencies in hluttaw.
41
The experience and interest of individ-

ual candidates affects their ability to “During the discussion over the 2012-2013
effectively represent their constituents audit report, I pointed out that the road
through questions and motions. The testi- reported for repair during last year was not
monies of active MPs and the data collected
repaired. I discovered this by going to the
indicate that some MPs never submitted
any questions or motions during hluttaw road. The response to the question was that
sessions. For instance, 41 elected MPs in the road was quickly damaged after repair
Shan State Hluttaw and 5 in Kayin State
due to heavy rain”
Hluttaw, almost half of the total elected MPs
An elected MP, Yangon Region Hluttaw
in those hluttaws, have never submitted
motions or questions throughout their five-
year term. Active MPs expressed that limit-
ed experience and low levels of interest con-
“We don’t hear voices reflecting the needs
tributed to the reluctance of these MPs to
participate through submitting motions and of people whose elected representatives
questions. The data from Kayin State, Mon joined the state cabinet. For instance, we
State, Shan State and Ayeyarwaddy Region have fewer voices from Kyun Su and Pu
Hluttaws show that no military representa-
Law townships”
tives, except for one in Kayin State, have
ever submitted a question or motion in their Deputy Speaker, Tanintharyi Region Hluttaw
respective hluttaw.
42
Public Access and Communication

The study looked at both institutional and individual channels of public outreach and commu-
nication in local legislatures. In addition, it also explored other mediums of communication that
improved public access to information from and communication with local legislatures. The study
also gathered feedback from local media to assess the relationships between local legislatures
and the media.
At the time of research, none of the studied hluttaws had established effective communi-
cation and information mechanisms despite a growing interest in electronic communication
avenues, particularly social media and websites. While all hluttaw speakers and deputy speakers
expressed an interest in developing a hluttaw website to provide the public with regular informa-
tion, Mon State Hluttaw is the only hluttaw that already has an established website (see Table 14
below and Annex B). Most hluttaws, however, said they were not very familiar with using email and
fax remains the only official means of communication within the government. Most of the inter-
viewed MPs shared that they used Facebook to inform the public of activities and receive updated
information.
Table 14. Summary table of the available means of information distribution and
public communication in local legislatures
Hluttaw Journal /
State/Region Facebook Website
Newsletter
Kayin Yes No Yes
Mon Yes Yes Yes
Rakhine No No Yes
Shan No No No
Ayeyarwaddy No No Yes
Sagaing No No Yes
Tanintharyi Yes No Yes
Yangon No No No
While a hluttaw journal has been regularly published in all studied hluttaws except for
Shan State Hluttaw and Yangon Region Hluttaw, the distribution and coverage of these jour-
nals is primarily limited to MPs and government ministries. Mon State, Tanintharyi Region and
Ayeyarwaddy Region were the only regions were local CSOs received hluttaw journals. The speaker
and active MPs of Mon State Hluttaw expressed that they have been trying to expand distribution to
the ward and village tract administrators during the new term. Shan State Hluttaw is the only local
hluttaw that has not published regular journals and the journal published by Yangon Region Hluttaw
is only for internal circulation (see Annex F). While the schedules for publication and distribution vary,
most newsletters or journals were published at the time when the hluttaw was in session.
43
Table 15. Summary of hluttaw journal and newspaper publication
State/Region Type of Publication Issues Copies Distributed
Kayin News letter 13 2470
Mon News letter 6 1200
Rakhine Journal DNA DNA
Shan None N/A N/A
Ayeyarwaddy News letter 75 DNA
Sagaing News letter 19 127300
Tanintharyi News letter 10 39105
Journal 125 2022
Yangon News letter DNA DNA
The Union of Myanmar National Gazette, posted weekly on the official website of the Min-
istry of Information, was arguably the only source with available up-to-date information on
approved laws, official declarations and contracts. However, CSOs and the media articulated
that the MOI website is not user-friendly and searching for the needed information is difficult. They
suggested a separate webpage for the Myanmar Gazette with an efficient search function.
Financial limitations affected the ability of hluttaws to publish and widely distribute the
laws approved each year. This is particularly true for Mon State, Tanintharyi Region and
Ayeyarwaddy Region Hluttaws. Mon State Hluttaw regularly prints hluttaw documents with the
motions, questions and bills discussed during sessions. However, Mon State Hluttaw department
officers stated that the printing process takes approximately two months following the session
and that only limited copies can be made for official record and distribution to the Union Govern-
ment and government departments.
The most common communication channel is direct engagement between members of

parliament and the public. The leaders and MPs of studied hluttaws stated that the most effec-
tive means of receiving information from and communicating with the communities they represent
is through in-person visits to their respective constituencies. Respondents expressed that official
office space in hluttaws would facilitate public communication with constituents. Some active MPs
stated that the Constituency Development Fund and local development planning pushes them to
meet and consult with the communities and stakeholders involved the project management and
implementation.
Some surveyed hluttaws, such as Mon State, Tanintharyi Region and Ayeyarwaddy
Region Hluttaws are relatively open to the public for general visits, formal sessions, or arranged
visits for university students. Only some hluttaws had recorded visitor data in their guest registra-
tion books (See Table 16). Respondents stated that they only began to see improvements in the
openness of hluttaws starting in mid-2014.
44
Table 16. Summary of the number of guest visits as recorded in available

visitor registration books
State/Region Number of people who visited Hluttaws (2010-2015)
Mon 146
Sagaing 117
Tanintharyi 107
The media find that hluttaw attitudes towards the media have improved since mid- to late
2014; however, the level of friendliness and cooperation varies. Respondents from local media
felt more welcomed by the Tanintharyi Region Hluttaw and Mon State Hluttaw, measured by in-
creased invitation to hluttaw sessions and discussion. Media respondents complained, however,
that relations with the Yangon Region Hluttaw remain unchanged. All media respondents stated
that they have not been given the opportunity to interview the hluttaw speakers and that it has
always difficult to receive information.
45
Institution building and individual

capacity building
As local legislatures are nascent institutions in Myanmar’s political transition process and
strengthening their institutional and individual capacity is important, this study explored how
studied hluttaws and their members identified their challenges and limitations, developed plans,
and obtained opportunities to improve their skills and expertise.
While most speakers and MPs were eager to promote the role of local legislatures in Myan-
mar, the study identified no concrete plans for institutional and individual capacity building
among local legislatures. Most respondents identified common factors that influence the effec-
tiveness of hluttaws. These factors include: 1) the perception that local legislatures are subordi-
nate to local executive authorities; 2) the ability for legislative members to take dual positions; and
3) the limited experience of legislative members. Although some of these issues were discussed in
the other sections of this report, they are discussed in detail in the following sections.
The study found that local legislatures had no existing activities or initiatives for internal
or external performance review. Speakers from most of the studied hluttaws, however, noted
that such reviews are crucial to improving the performance of local legislatures. One of the speak-
ers suggested that the Myanmar Parliamentary Union (MPU) should play a role in establishing an
effective evaluation mechanism.
The study found that there was a common misperception of legislative authority that un-
dermined the role of local legislatures in favor of executive superiority. Respondents stated
that most people, even some elected MPs and administrative personnel, believe that the execu-
tive branch is superior to the legislative. Surveyed legislative members expressed that allowing
MPs to hold dual roles in the legislative and executive branches was one attribute that fostered
this misperception. Many also perceived that since it was mostly chief ministers and state and
region ministers who take on dual roles, their executive role must be more important. Other re-
spondents stated that cultural habits fostered the misperception that the executive side must be
superior to the local legislative as the executive is headed by chief ministers. These mispercep-
tions need to be addressed to promote the role of local legislatures as institutions that are parallel
in importance to executive institutions.
Surveyed speakers identified infrastructural and material developments as important

achievements of institutional development during their term in office. The first important devel-
opment project that promoted the role of the hluttaw was the construction of hluttaw buildings in
separate locations from the state and region government annex (See Table 17). It is important, ac-
cording to hluttaw leaders and MPs, that hluttaws be separate from the state government offices
in order to: 1) physically separate local administration and legislatures to create a visible separation
of their roles; 2) alleviate concerns regarding unwarranted influence from the executive, particular-
ly from chief ministers and GADs; and 3) provide for the practical space needs of all departments,
committees and MPs in residence during hluttaw sessions. Speakers of those hluttaws with new
buildings expressed that they felt they had fulfilled an important duty during their term of office.
46
Table 17. Summary of local legislatures’ infrastructure quality
Hluttaws currently located in a

State/Region separate location from State/Region Remarks
Administration
Newly built, Good location

Kayin √ and visibility; easily accessible to the
public.
Newly built; Good location and visibility;

Mon √
easily accessible to the public.
Newly built; Far away from the town

Rakhine √
center; not visible to the public.
Located in the same annex with State

Administration; Although location
Shan X
provides for easy accessibility, the public
cannot easily identify the location.

Administration; Although it is located in
the town center, it appears less
Ayeyarwaddy X
accessible to the public compared to
the situation of Tanintharyi Region
Hluttaw.t
Newly built; Good location and visibility;

Sagaing √
easily accessible to the public.

Tanintharyi X Administration; Good location and visibil-
ity; easily accessible to the public.

Yangon X Administration; Good location but only
fair public accessibility.
The budgets of the studied hluttaws do not include practical costs for important activi-
ties, notably field observation for oversight activities, documentation and publication, informa-
tion sharing and distribution, and capacity building. Speakers, however, expressed that the cur-
rent budgets were well-managed and they were also allowed to make additional requests if
needed. However, speakers were quick to respond that the budgets were sufficient but later ex-
pressed that insufficient funds inhibited their ability to fulfill important activities. The activities af-
fected most by budget limitations are field monitoring for oversight practices, the publication of
laws and records, and the maintenance of information sources. Most of the studied hluttaws stat-
ed that they have had to submit additional budget requests to develop new hluttaw infrastructure
since the 2014-2015 fiscal year.
Spending in the studied hluttaws increased significantly from the 2013-2014 fiscal year to
the 2015-2016 fiscal year (see Figure 5 below and Annex D). Spending increased primarily in regu-
lar expenditure. Increases in capital expenditures appear only in the years with construction.
Based on the available data, the Rakhine State Hluttaw had the highest increase in both regular
and capital expenditure budgets during all years. The leaders of Rakhine State Hluttaw confirmed
that they requested the amounts as necessary.
47
Figure 5. Summary of budgets in studied Hluttaws from 2013-2014 to

2015-2016 (in Million Kyats)
12000
10000
8000
Kayin
6000
Mon
4000
Rakhine
2000
Shan
0
2013-2014
2014-2015
2015-2016
2013-2014
2014-2015
2015-2016
2013-2014
2014-2015
2015-2016
Ayeyarwaddy
Tanintharyi
Total Expenditure Regular Expenditure Capital Expenditure
Almost all respondents from surveyed hluttaws identified the need for capacity building
for both elected MPs and hluttaw office staff. Although the Union Government and UNDP have
provided some workshops and training, limited spots were given for individuals from each hluttaw.
Respondents also stated that exchange visits between local legislatures were important support
mechanisms that increased the cooperation among hluttaws and allowed newly elected politi-
cians to learn from one another. When asked which topics they were most interested in receiving
training on, MPs commonly favored legal and policy development, federalism and information tech-
nology. Hluttaw office personnel also expect to receive relevant training as previous initiatives
have primarily catered to MPs. Only a few hluttaw office staff have received administrative support
training from the government. The two most common trainings identified for staff officers were the
management training for mid-level staff and the basic management trainings provided by the In-
stitute for Development of Administration (IDA).
48
Administrative support from

hluttaw offices
In order to better understand the role of hluttaw offices and their capacity and effectiveness,
EMReF also conducted interviews with the hluttaw office heads and gathered feedback from hlut-
taw speakers and MPs regarding the effectiveness and limitations of offices.
The administrative support offices of local legislatures are sub-departments of the Gener-
al Administration Department (GAD). The appointment of key office staff is handled by the
Ministry of Home Affairs. The heads of hluttaw offices are required to be accountable to the Dep-
uty Director General of GAD, who serves as an Executive Secretary in each state and region gov-
ernment (See Figure 6 below). However, in practice they are also accountable to the speaker of the
respective hluttaw.
The study observed that hluttaw support offices are well structured to attend to the key
functions of hluttaws. Offices of every local legislature include two sub-departments, sub-depart-
ment 5 and 6, and four unit departments (UDs) under each sub-department. Important UDs are UD
9- Hluttaw Meetings, UD 10- Committees, UD 11- Laws, UD 12- Motions and Questions, UD 13- Plan-
ning and Finance, UD 14- Admin and Finance, UD 15- Complaints and Appeals, and UD 16- Library,
Archive and Research (See Figure 6 below).
Figure 6. The position of state and region hluttaw offices in the structure of
state and region general administration departments
Executive Secretary/ Deputy Director General
General
Administrator Government Office Hluttaw Office
Office
Sub Dept.1 Sub Dept.2 Sub Dept.3 Sub Dept.4 Sub Dept.5 Sub Dept.6
Unit Dept.1: General
Unit Dept.2: Admin/ Commission
Unit Dept.3: Gov't Support
Unit Dept.4: Finance
Unit Dept.5: Policy/Law
Unit Dept.6: Admin/ Security/Finance
Unit Dept.7: Business
Unit Dept.8: Social
Unit Dept.9: Hluttaw Meetings
Unit Dept.10: Committees
Unit Dept.11: Laws
Unit Dept.12: Motions and Questions
Unit Dept.13: Planning & Finance
Unit Dept.14: Admin & Finance
Unit Dept.15: Complaints & Appeals
Unit Dept.16: Library, Archive & Research
49
Respondents testified that the support and function of hluttaw offices improved after
structural changes to hluttaw offices in mid-2014. Changes are manifested in two main actions:
1) the expansion of departments from four to eight, and 2) upgrades in office management capac-
ity through which office heads, who were previously supervised by deputy directors or assistant
directors, were replaced with director-level staff. The restructured departments are UD 10- Commit-
tees, UD 12- Motions and Questions, UD 13- Planning and Finance, UD 14- Admin and Finance, UD
15- Complaints and Appeals, and UD 16- Library, Archive and Research.
Respondents expressed concerns

over the capacity of hluttaw office staff
despite sufficient number of staff (See
“They (hluttaw office staff) need to take
Table 18). The most common concern re-
spondents shared was the frequent trans- time to learn about hluttaws, particular-
fer of office staff from one place to another ly their importance. The nature of GAD
within the GAD system. This resulted in work and hluttaw office work are
frequent turn-over and left local legisla-
different… [staff] need to change and
tures with staff unfamiliar with hluttaw pro-
cedures and without the necessary political be trained to become more familiar
knowledge for the position. Respondents with hluttaws and their essence. ...We
view the nature of hluttaw support staff
always prefer a separate office struc-
work as significantly different from general
GAD work. They state that those GAD staff
ture and staff from GAD, like what the
who work at hluttaw offices need to invest Union hluttaws now practice”
more time in understanding the impor- Deputy Speaker, Tanintharyi Region Hluttaw
tance of the hluttaw and that their behav-
ior must change to accommodate the
essence of hluttaw procedures. Another
important concern expressed among office heads expressed was the staff’s limited computer
skills of staff and the time required to complete manual tasks. This negatively affects the efficien-
cy of the hluttaw.
Table 18. Summary of the quantitative strengths of state and region hluttaws
administrative and support offices
Unit
Unit Unit Unit Unit Unit Unit Unit
State/ Total of All Units Dep’t
Dep’t 9 Dep’t 10 Dep’t 11 Dep’t 12 Dep’t 13 Dep’t 14 Dep’t 15
Region 16
Male Female Total Total Total Total Total Total Total Total Total
Kayin 17 32 49 4 4 5 5 11 5 5 5
Mon 13 31 44 5 2 5 2 5 4 4 3
Rakhine 25 21 46 5 5 4 4 9 5 4 2
Shan 15 33 48 4 5 4 5 10 5 3 4
Ayeyarwaddy 24 23 47 5 3 5 5 10 4 5 5
Sagaing 16 22 38 3 4 3 4 8 5 3 5
Tanintharyi 17 30 47 5 4 3 4 10 5 5 3
Yangon DNA 13
DNA DNA DNA DNA DNA DNA DNA DNA DNA DNA
13
DNA: Data Not Available
50
Active MPs, local CSOs and the media expressed concerns over the lack of transparency
and limited access to information in surveyed hluttaw offices. Respondents stated that it took
a long time to receive requested data and information from hluttaw offices. On many occasions,
hluttaw office staff responded to requests stating that the requested data or information were
not available for sharing. Local media and CSOs complained that most of the information they
requested could not be shared to the public as these documents were marked as “Kant That,”
which means “closed or not for public consumption.” Some MPs pointed out that such restrictions
on information are unconstitutional as per Chapter 4, Article 184, which permits state and region
activity records to be shared with the public.
Chapter 4, Article 184, the Constitution of the Republic of the Union of Myanmar (2008).
The proceedings and the records of the region and state hluttaws shall be published. However, the
proceedings and the records prohibited by any law or the resolution of the region or state hluttaw shall not
be published.
51
Conclusion and Recommendations

Based on all key findings, the study concludes that there are three main factors influencing
the performance and effectiveness of local legislatures. These three main factors are:
• Structural limitations and barriers;
• Limited institutional and human capacity;
• Personal attributes or leadership capacity.
Recommendations for each factor are provided in the following sections. These recommendations
aim to promote the role and institutional development of local legislatures in ways that will foster de-
centralization. Recommendations reflect the needs and wants of surveyed key respondents.
Structural limitations and barriers
Undeniably, the study identifies structural limitations as the top factor undermining the role
and effectiveness of local legislatures.
The ability for members to accept dual roles in the legislative and executive was identified
by respondents as the most common structural issue. This significantly compromises the role and
duty of local legislatures. As most MPs in studied hluttaws participated as respondents in the
study, the study recommends a thorough review of the policy that constitutionally allows local MPs
to accept dual roles.
Most leaders and MPs of studied hluttaws and CSOs recommended a system by which the chief
minister of a state or a region is elected by its legislature as opposed to the current system where
the Union President appoints the chief ministers. They expressed that such a system provides the
proper level of authority and is thus an important contribution to a clear checks-and-balance system.
The study observed that the role and support of the constitutional tribunal is not clear and
that the institution is not strong enough to provide accurate answers to issues where the
legislative mandate is not clearly defined in the 2008 Constitution and requires a case-by-case
review from an independent authorized body. Select case studies prove that the constitutional
tribunal has not been able to provide any strong advice as an independent body other than rec-
ommendation to the legislatures to approach the president for advice. Thus, this study recom-
mends the development of a strong independent tribunal with sufficient technical capacity to
provide the necessary advice, feedback and decisions.
Based on information from key respondents in studied hluttaws, this study recommends the
implementation of an effective mechanism to increase the cooperation and coordination
between local administrations and legislatures. Leaders of local legislatures admitted that the
regular general administrative meetings organized by the state or region administration are not
sufficient to improve cooperation and coordination. Respondents suggested scheduling regular
meetings specifically to improve coordination and information exchange.

The study obtained evidence and feedback from respondents that identifies limited institu-
tional and individual capacity as a major barrier to hluttaw effectiveness.
52
The development of the national-level strategic plan for institutional capacity building of
local legislatures should be a concerted effort between the Union Government, the legislatures,
international and local CSOs and the designated bodies from all local legislatures. Based on the
strategic plan, local legislature should develop individual specific plans and approaches that meet
their own prioritized needs. The budget for the capacity building plans should be provided by the
Union and to some extent through international support.
Respondents commonly identified a need for regular coordination and learning platforms
among local legislatures. They shared that they learn from each other’s legislation and oversight
practices but admitted that a sense of competition encourages them to improve their work. Re-
spondents also identified a desire to learn international best practices and for increased exposure
to international institutions.
Leaders, active MPs and some local CSOs viewed regular performance reviews as important
mechanisms to improve the effectiveness of local legislatures. Some suggested participatory re-
view by CSOs, MPs and local leaders, while others suggested an effective review mechanism initiated
by an organization or designated body of technical individuals. The study recommends implementing
a legal and institutional framework for performance assessment through which progress is also shared
with stakeholders. Individual performance monitoring should also be included.
Capacity building programs for parliamentary support offices must not be neglected and
staff members must not be rotated. Respondents commonly expressed that training for support
staff was important to improve the effectiveness of hluttaws. They also shared opinions that staff
should not be continuously transferred as these staff members are vital in the transfer of skills
and practices to new hluttaw members.
The study also strongly recommends the separation of hluttaw buildings from the state
and region government annexes. It is important, according to hluttaw leaders and MPs, that hlut-
taws be separate from the state government offices in order to: 1) physically separate local admin-
istration and legislatures to create a visible separation of their roles; 2) alleviate concerns regard-
ing unwanted influence from the executive, particularly from chief ministers and GADs; 3) provide
for the practical space needs of all departments, offices for committees and to accommodate MPs
who stay during hluttaw sessions.
Personal attributes or leadership skills

Some key findings of the study suggest that strong personal attributes, mainly individual lead-
ership skills, improve the effectiveness of local legislatures and help institutionalize an effective
checks-and-balance system.
Leadership efforts and individual legislative and oversight efforts must always be unbi-
ased and prioritized. These must not be compromised by partisan political interests or ethnic and
nationalistic political interests. The study recommends constitutional support that guarantees a
space to recognize and address the efforts of members of any political party, especially those from
political parties with underrepresented in the hluttaw.
The role and space for female MPs must be promoted. The speakers of local legislatures are in key
positions to ensure that women have the opportunity for committee leadership positions and encourage
their leadership endeavors. More importantly, as recommended by an active female MP, the by-laws of the
state and region hluttaws should guarantee opportunities for female legislative members.
53
Annex A.
Summary table of the populations of studied hluttaws
States/
NLD
NDF
PNO
NUP
DPM
Regions
CPP
KPP
TNP
KNP
INDP
WDP
NDPD
LNDP
PSDP
SNDP
RNDP
USDP
KSDDP
AMRDP
Female
Elected
88 GSY
Independent
Total Members
Active Military
kayin 23 17 6 0 7 2 2 4 1 1
Mon 31 23 8 0 14 2 7
Rakhine 47 35 12 1 15 1 18 1
54
Shan 143 107 36 9 54 1 31 4 6 3 3 1 2 2
Ayeyarwaddy 72 54 18 3 47 1 6
Sagaing 101 76 25 0 67 8 1
Tanintharyi 28 21 7 0 20 1
Yangon 123 92 31 6 75 8 4 1 2 1 1
Total 568 425 143 19 299 1 27 4 1 2 31 3 4 9 19 4 1 1 1 6 3 3 1 2 3

Annex B.
Summary table of key indicators and tangible
and intangible sub-indicators
Quantitative Sub-indicators Qualitative Sub-indicators
Key Focus Areas Key Indicators
(Tangible Indicators) (Intangible Indicators)
Legislation Legislative Effectiveness and Legislative outputs (Routine laws Effectiveness of legislation (law making)
Challenges vs non-routine laws)
Number of hluttaw sessions and Challenges and barriers of legislation

days
Number of legislative committee Effectiveness of legislative committees

meetings
Number of amended laws and Challenges and barriers to the legislative

replaced laws committees
Number of bills submitted by

individual members
Oversight Oversight Effectiveness and Number of oversight committees Effectiveness of oversight committees
Challenges
Number of motions and questions Opportunities for oversight committees

discussed
Number of motions and questions Challenges and constraints to oversight

recorded as Gov’t Pledges/ activities
commitments
Duration/time committees/members
can spend on reviewing on budget
bills, local development plans, and
auditor reports
Duration/time that committees/

members can spend on reviewing
budget bills, local development
plans, and auditor reports
Number of members who

discussed/questioned/advised on
budget bills, local development
plan or auditor reports
Effectiveness of budget oversight Effectiveness/challenges of budget

activities oversight (budget bill, local development
planning, auditing/monitoring)
Public Access and Effectiveness of communication Communication and information Media friendliness
Communication and public access, including facilities (newsletters, website,
information distribution Social Media)
Number of public visit to the The flexibility of public and CSO access
hluttaw to hluttaw sessions and information
Visibility of hluttaw offices
Inclusion Space for female representatives Number of bills/motions/questions How actions of representatives from
and members of parties with submitted by representatives from minority parties are treated
minority seats in the parliaments minority parties
Number of bill/motions/questions How actions of female representatives

submitted by female representa- are treated
tives
Institution building and Institutional capacity building Regular review and monitoring of Efforts of local legislatures to remove
individual capacity building initiatives and plans for the hluttaw’s performances and reduce structural limitations, and
parliamentary bodies, individual challenges faced
members and administrative
support office and its staff
Methods of M&E and M&E Number of exchanged visits among Effectiveness of capacity building
Effectiveness S/R Hluttaws training
Cooperation and collaboration among S/R

Hluttaws and with Union Hluttaws
Capacity building training provided Efforts of local legislatures to remove

by the state or by external actors and reduce structural limitations, and
such as CSOs, IGOs and INGOs challenges faced
Number of exchanged visits among Effectiveness of capacity building

S/R Hluttaws training
Cooperation and collaboration among S/R

Hluttaws and with Union Hluttaws
Administrative capacity Effectiveness and efficiency of Departmental setup of hluttaw Effectiveness of hluttaw office support
hluttaw administrative offices office
Facilities (library, documentation Challenges and constraints

and information management)
Number of staff Current staff capacity of hluttaw office
55
Annex C.
The occupational background of hluttaw speakers
and chief ministers and the relationships between
legislative and executive officials
State/Region Background (former positions)

Relationship
Head of Legislature Head of the Executive
Kayin Civilian; Advocate Military; Brigadier General The Chief Minister and head of
state GAD heavily influenced the
hluttaw speaker and legislative
officials
Mon Civilian; Head of state GAD Military; Brigadier General; Mutually respected relationship;
Minister-Ministry of Mining State hluttaw was in a position to
check and balance the executive
Rakhine Civilian; Head Master (Retired) Military; Brigadier General; The Chief Minister and head of
Deputy Minister of Home state GAD heavily influenced the
Affairs hluttaw speaker and legislative
officials
Shan Civilian; Deputy Supervisor, Military; Lieutenant-Colonel The Chief Minister and head of
Education Dep’t state GAD heavily influenced the
hluttaw speaker and legislative
officials
Ayeyarwaddy Military; Major General Military; Brigadier General; The speaker maintained good
Minister of Forestry relationships with the Chief
Minister
Sagaing Civilian; Rector of Myitkyina Military; Lieutenant General; Mutually respected relationship;
University, Kachin State Chief Bureau of Special State Hluttaw was in a position to
(Retired) Operation 1, Naypyitaw, check and balance the executive
Ministry of Security Affairs
Tanintharyi Military; Deputy Quartermaster Civilian; Former Regional Mutually respected relationship;
General Minister of Finance in the speaker was able to influence
Tanintharyi Region the Chief Minister in some cases.
The state hluttaw was in a good
position to check and balance the
executive
Yangon Military; Colonel; Director - Military; Lieutenant General; The Chief Minister and head of
Ministry of Energy (Retired) Chief of Bureau of Special state GAD heavily influenced the
Operation 5; Chief of Military hluttaw speaker and legislative
Security Affairs officials
56
Annex D.
Sample Budget of Studied Hluttaws
2010-2011 (from Total

2011- 2012- 2013- 2014-
Sr. Particular/Subject 30-1-2011 to 2015-2016 (Kyats in
2012 2013 2014 2015
30-3-2011 only) Million)
0102. Regular Expenses/ xxxx.xxx xxx.xxx xxx.xxx xxx.xxx xxx.xxx xxx.xxx xxx.xxx
Allowance
1 0100. Regular Expenses/ xxxx.xxx xxx.xxx xxx.xxx xxx.xxx xxx.xxx xxx.xxx xxx.xxx
Allowance
0301. Labour Charges x.xxx x.xxx x.xxx x.xxx
0304. Transportation Cost x.xxx x.xxx x.xxx x.xxx
0305. Stationary x.xxx x.xxx x.xxx x.xxx
0306. Petroleum and x.xxx x.xxx x.xxx x.xxx

Lubricants
0307. Postal Stamps, Mail x.xxx x.xxx x.xxx x.xxx

and Phones
0308. Electricity-related x.xxx x.xxx x.xxx x.xxx

Expenses
0309. Books, Journals x.xxx x.xxx x.xxx x.xxx

and Newspapers
0313. Office Materials x.xxx x.xxx x.xxx x.xxx
0320. Printing and x.xxx x.xxx x.xxx x.xxx

Publication
0321. Advertisement x.xxx x.xxx
2 0300. Materials, Labour xx.xxx xx.xxx xx.xxx xx.xxx

and Implementation Cost
0401. Machinery x.xxx x.xxx x.xxx x.xxx
0402. Buildings x.xxx x.xxx x.xxx x.xxx
0404. Vehicles x.xxx x.xxx x.xxx x.xxx
0409. Other x.xxx x.xxx x.xxx x.xxx
3 0400. Maintenance x.xxx x.xxx x.xxx xx.xxx
0601. Hospitality x.xxx x.xxx x.xxx x.xxx
0602. Refreshments x.xxx x.xxx x.xxx x.xxx
4 0600. Hospitality and x.xxx x.xxx x.xxx x.xxx

Refreshments
Total xxx.xxx xxx.xxx xxx.xxx xxx.xxx
3(3) Capital Expenditure
New Plans xx.xxx xx.xxx xxx.xxx
Office Machinery xx.xxx x.xxx xx.xxx
Office Furniture x.xxx xx.xxx xx.xxx
Office Vehicles xx.xxx xx.xxx
Other Materials
Total xx.xxx xx.xxx xx.xxx xxx.xxx
Grand Total xxx.xxx xxx.xxx xxx.xxx xxxx.xxx
57
Annex E.
Mon State Hluttaw Website
58
Annex F.
Sample newsletters distributed by Karen State
Hluttaw and Yangon Region Hluttaw
59
EMReF is an independent
non-profit research organization
working for the development of
Myanmar people and flourishing
independent research culture
in Myanmar.
Address: Tel : +95 1 8562439

Wing (3), Room (A-305), Thitsar Garden Fax : +95 1 8562439
Housing, Email : [email protected]
3rd Street, 8th Quarter, South Okkalapa Website : www.emref.org
Township, Yangon, Myanmar. www.mypilar.org

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Performance

Key Findings ................................................................................................................................................................................................................ 26

Public Access and Communication ....................................................................................................................................................... 43

Conclusion and Recommendations ...................................................................................................................................................... 52

Annex A. Summary table of the populations of studied hluttaws ................................................................................... 54

The study aims to answer two broad research questions:

The number of legislation committee meetings held by hluttaws is also an important

Legislative effectiveness and constraints

Public access and communication

Currently, there are no effective communication and information exchange mechanisms

Institution building and individual

Surveyed speakers identified infrastructural and material developments as important

Administrative support from

The administrative support offices of local legislatures are sub-departments of the

Structural limitations and barriers

Limited institutional and human capacity

Personal attributes or leadership capacity

party, especially those from political parties underrepresented in the hluttaw.

Enlightened Myanmar Research Foundation (EMReF) conducted an exploratory assessment of

• To maintain findings as a public resource that contributes to improving knowledge, dialogue,

Table 1. Summary of key indicators per focus area

Key Focus Areas Key Performance Indicators

Legislation Legislative effectiveness and challenges

Oversight Oversight effectiveness and challenges

Effectiveness of budget oversight activities

Inclusion Space for female representatives and members of parties with

Administrative capacity Effectiveness and efficiency of hluttaw administrative offices

Table 2. Specifications of selected samples

State/Region Hluttaw Size Party representation State or Region

Kayin Small USDP Dominated in a State

Mon Small USDP Dominated; Active State

Rakhine Medium Mixed representation in State

Shan Large Mixed representation State

Ayeyarwaddy Medium USDP Dominated Region

Sagaing Large USDP Dominated Region

Tanintharyi Small USDP Dominated Region

Yangon Large USDP Dominated; Active Region

Table 3. Summary of populations and the number of parties represented in the

Shan 9 143 107 36

Figure 1. Mapping of key respondents covered by the study

Table 4. Summary of key informants who participated in the study

Table 5: Summary of comparing the legislative outputs of local legislatures

Region/State Routine Laws Non Routine Laws Laws Passed Total

Table 6. Summary of laws promulgated in the eight major sectors

Sectors Kayin Mon Rakhine Shan Ayeyar Sagaing Tanintharyi Yangon

Total Non-­routine Laws Total Laws Amended and Replaced

The number of legislation committee meetings held by hluttaws is also an important

Figure 3. Summary of the available number of legislation committee meetings

Number of Sessions Number of Days

States/Regions Regular Special Emergency Total Regular Special Emergency Total

Rakhine 13 3 1 17 146 9 1 156

Ayeyarwaddy 14 6 1 21 126 16 1 143

Yangon 10 9 1 20 DNA DNA DNA DNA

Legislative effectiveness and constraints

Total 93 400 23%

MPs taken Dual Role Total Elected MPs

The ambiguity of what is and is not permis-

Table 9. A Comparison of Articles 188, 446 and 447

Article 188 Article 446 and Article 447

Total Non-routine Laws Total Laws Amended and Replaced