The content concerning the National Assembly (NA), heads-of-state, government, and land were the most interesting topics of NA debate at yesterday's session on the draft amendments to the national constitution. The government decided to amend the constitution again this year after the first amendments were promulgated back in 2003. Introducing the draft amendments, NA Vice President Somphanh Phengkhammy reminded the session about the shortcomings in the 2003 Amended Constitution which was promulgated by the president. These include the improvement of the government structure which has not followed the stipulations set out in the 2003 Amended Constitution. Meanwhile, the State Audit Organisation, people's courts and prosecutors for northern, central and southern provinces have been established despite the fact they are not mentioned in the top national legal framework. Meanwhile the amended 2003 constitution set forth the principles for the establishment of municipalities in highly urbanised areas but no such areas have so far been established in Laos. Moreover, some of the regulations created and promulgated specially by some organisations at the central level and by local authorities are in contradiction with the existing constitution. This reality has posed challenges for state management such as in relatio n to the violation of some articles of the Law on Customs and the Law on Ta xation. Three new chapters and 21 articles were added in the proposed amendments to the constitution, the draft of which the NA members are currently looking at. The draft constitution has 11 chapters, and is divided into 98 articles. The new chapters are about local people's assemblies, state auditing, and the National Election Committee. Meanwhile an NA member for Saravan province Mr Somchay Ounchit began his debate focusing on Chapter No.6 concerning heads-of-state, which defines that the nation's president shall serve a term equal to that of the NA legislature, and can serve for a maximum of two terms in office. Mr Somchay said that the president should be required to swear an oath of office and be obligated to respond to queries from NA members. He added that in exceptional circumstances the term of the president should be able to be cut short, including circumstances such as death, illness, accidents or other such events. NA member for Luang Namtha province Assoc Prof. Dr Khamlek Xaydara also supported the idea that the holders of high office and members of the cabinet should be required to swear an oath of allegiance, which he suggested would help reduce corruption. He reminded the audience of the time of the Supreme People's Assembly First Legislature, which ran in the immediate post-revolutionary period, and was highly respected by members of the public and corruption was not known to be evident. Dr Khamlek said the topic related to the power between the National Assembly, government cabinet and the president. The draft amendment gives the stipulation for the National Assembly to be supreme organisation of state power. Many NA members expressed their support f or the idea. Meanwhile an NA member for Vientiane Dr Khampheuy Panmalaythong offered a neutral view on the idea, saying it would be okay whether the stipulation was included or not because the constitution gives the NA representative status for the rights, power and interests of the Lao multiethnic people. Alongside this, Dr Khampheuy noted that it would not be correct if a head-of-state was defined as lower than the assembly because the president serves as the symbol of national independence and sovereignty when a country does not have an assembly or government. The second paragraph in Article No.17 of the draft amendment was also in the central focus of debate among NA members during the ongoing session. The paragraph states that land is a national heritage and that the government must represent the nation in managing it throughout the country. By Times Reporters (Latest Update December 18, 2014)

• published: 18 Dec 2014
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