The following is a translation of proposals on laying down detailed basic principles for chapters “Amendment of the Constitution”, “State Flag, State Seal, National Anthem, the Capital” and “Transitory Provisions” to be included in drafting the State Constitution presented by the Delegate Group of State Service Personnel at the Plenary Session of the National Convention held at Pyidaungsu Hall of Nyaunghnapin Camp in Hmawby Township, Yangon Division, on 29- 12-2006.

I wish you all Mr Chairman and members of the panel of chairmen, the Chairman of National Convention Convening Commission and members, the Chairman of National Convention Convening Work Committee and members, the Chairman of National Convention Convening Management Committee and members and National Convention delegates health and happiness.

Mr Chairman,

I am U Sein Lwin of the delegate group of State service personnel of the Ministry of Mines.

The Work Committee Chairman asked the delegates to give suggestions on the detailed basic principles for the chapters “Amendment of the Constitution”, “State Flag, State Seal, National Anthem, the Capital”, “Transitory Provisions” and “General Provisions” explained by him at the plenary session of the National Convention held from 10 to 13 November 2006, and to give separate suggestions if they have. The delegate group of State service personnel held a meeting on 17 November 2006 and formed three proposal-compilation groups. The three groups compiled the proposal on the respective chapters. The panel of chairman after studying our proposal paper in detail presented it to the meeting of the delegate group of State service personnel held on 12 December 2006 and sought suggestions from the participants. The panel of chairman studied and assessed the suggestions and compiled our proposal paper, which was approved by the group meeting held the next day.

I and U Than Tun of the delegate group of State service personnel of Attorney-General’s Office will read out proposal paper on the chapters “Amendment of the Constitution”, “State Flag, State Seal, National Anthem, the Capital”, “Transitory Provisions” and “General Provisions”. The charter on Amendment of the Constitution will be read first.

Amendment of the Constitution

Mr Chairman,

The plenary session of the National Convention held on 7 April 1993 laid down the Chapter Headings and their serial. The Work Committee Chairman presented the explanations concerning the adoption of the detailed basic principles for the chapter “Amendment of the Constitution” after elucidating the constitutions of some world nations and the 1947 Constitution and the 1974 constitution of Myanmar.

Constitution is the main pillar of all the laws of nation and also the mirror reflecting its political, economic and social conditions. The nation will be able to stand tall among the world nations only if its constitution is adaptable to fast changing and advancing global situation. After the adoption of a constitution, we will have to make Constitutional amendments as and when necessary.

The explanations made by the Work Committee Chairman are really necessary for the chapter

“Amendment of the Constitution”.

At the plenary session the Work Committee Chairman explained: “The Constitutions prescribe the amendment of the provisions chapter by chapter and article by article. At present, the situation is not ripe yet to state the amendment of the provisions chapter by chapter and article by article as we are only at the stage of adopting detailed basic principles. It is opined that, only at the stage of drafting the Constitution, the methods to be followed in making amendments of the respective chapters and articles should be prescribed in detail, so the Constitution will be clear and easy to understand.” We find that his explanation is realistic and proper.

Mr Chairman,

The Work Committee Chairman explained that the main chapters should be amended with the prior approval of more than 75 per cent of all the members of the Pyidaungsu Hluttaw, in a nation-wide referendum only with a majority vote of more than half of those who have the right to vote. He also said that the Constitution ensures easy constitutional amendments for the remaining chapters. His explanation concerning the matter are in conformity with the six objectives of the National Convention.

We would like to suggest that all the four detailed basic principles of the chapter should be adopted for the chapter “Amendment of the Constitution” to be included in formulating the Constitution.

State Flag, State Seal, National Anthem, the Capital Mr Chairman and National Convention delegates,

Now, I will give suggestions on the chapter “State Flag, State Seal, National Anthem, the Capital”.

Some nations state the prescriptions for the State Flag in the Constitution and in some nations, the legislative assembly promulgates separate laws concerning them. It is found that procedures and rules in connection with the State Flag and punishments for offences are prescribed in the separate law enacted by the legislative assembly.

Mostly, a nation prescripts the colours of a State Flag in accord with the nature of its people. Prescription of the symbols for the Flag are mostly based on the main political, economic and social sectors of a nation.

The colours used according to both the 1947 Constitution and the 1974 Constitution were red, white and blue. Red stands for courage and decisiveness, white for purity and blue for peace, tranquillity and stability.

The national brethren of Myanmar have been living in unity and amity. A big white star representing the love and unity of the Myanmar people should be included in the State Flag.

Green representing agriculture that is the main business of Union of Myanmar which is peaceful, lush and verdant should be portrayed. Yellow which reflects the unity and amity of the national races should be included. Moreover, red, which means valour and decisiveness, should also be portrayed.

We are in favour of adopting the following detailed basic principles.

“(1)The State Flag shall be prescribed as follows:

The Flag is marked with green, yellow and red stripes in a proportionate ratio. On the left end of the green stripe at the top of the Flag is a large white star directing upwards.

“(2) Law shall be promulgated concerning the State Flag.”

Mr Chairman,

Constitutions of some nations prescribe that the State Seal should be prescribed with a law enacted by the legislative assembly; that their constitutions have provisions stating that the State Seal should reflect the history, culture and customs of the race. In some countries, it is stated that after the State Seal has been adopted by the legislative assembly, it has to be ratified at a referendum.

Concerning the State, the National Convention has adopted the fundamental principles “sovereign power of the State is derived from the citizens and is in force in the whole country” and “the State shall be known as the Pyidaungsu Thamada Myanmar Naing- Ngan Daw (the Union of the Republic of Myanmar)” Hence, the State Seal should include the map of the Union of Myanmar.

In accord with the adopted fundamental principle “the State shall be known as the Pyidaungsu Thamada Myanmar Naing-Ngan Daw”, the words “Pyidaungsu Thamada Myanmar Naing-Ngan Daw” should be included in the State Seal.

The white star that is the symbol of the anticolonialist and anti-Fascist struggles launched with the people’s strength should also be included in it. The State Seal should be decorated with the picture of the lion king used as a tradition in the State seals of the Union Myanmar, and Myanmar traditional floral arabesque.

We would like to suggest that the following detailed basic principle should be adopted.

“The State Seal shall be as shown below.”

Mr Chairman,

Now, my suggestions will focus on the National Anthem. New National Anthems were composed in the past, but the great majority of the people loved and accepted the present National Anthem. Hence, the present National Anthem should be used until a new National Anthem is prescribed by the Pyithu Hluttaw.

When we studied the constitutions of some nations in connection with the National Anthem, it is found that many countries mention the song that should be prescribed as the National Anthem. Constitutions of some nations state that the legislative assembly should enact a law to prescribe the National Anthem.

The present Anthem has been in use for over half a century. One of the fundamental principles adopted by the National Convention is “further burgeoning of the noblest and worthiest of worldly values such as justice, liberty and equality”.

Objectives of the National Convention include the adopted fundamental principles — non-disintegration of the Union; non- disintegration of national solidarity; perpetuity of sovereignty. Other fundamental principles “the Union is constituted by Pyidaungsu (Union) systems” and “no part of the territory of the Union, namely regions, states and self-administered areas etc., shall ever secede from the Union” have already been adopted.

The present National Anthem depicts the task of safeguarding the Union that we have inherited from our forefathers, at the risk of our lives, and serving the interest of the Union in harmony and unison. Hence, it is in accord with the adopted fundamental principles.

Because of the oppression of the colonialist, the nationalistic fervour was low among the people when Myanmar was under colonial occupation. Myanmar writer YMBA Saya Tin composed the songs such as “Tagaung Abhiyaza” and “Doh Bamar” to revitalize the nationalistic fervour of the Myanmar people then. The people while singing the song “Doh Bamar” became revitalized with nationalistic fervour, and were able to regain independence. The words “Kaba-makye” were used in composing the National Anthem in 1948.

The Myanmar word Kaba-ma-kye means Myanmar will exist as long as the world exists. Hence the song which begins with the words “Kaba-ma-kye Myanmar Pyay” have been used continuously. The words “Kaba-ma-kye Myanmar Pyay” have been in the hearts of Myanmar people, young or old, since the time of our forefathers. Hence, the present National Anthem should be used. The following detailed basic principle should be adopted

“The present National Anthem shall be prescribed as the National Anthem.”

Mr Chairman,

Presentation will be made on the detailed basic principle concerning the designation of the nation’s capital. Most of the nations designate a central core city as their capital. The seat of the government is also designated as the Capital. A city that is located in the hub of the nation is chosen as the Capital.

Mr Chairman,

There are many other reasons to designate Nay Pyi Taw as the Capital of Myanmar. Nay Pyi Taw is located in a place that is not too wet nor too dry. As it is almost in the middle of the nation, its transport links with all the four corners of the nation are easy. Hence, the designation of Nay Pyi Taw as the Capital is much appropriate. In addition, Burma Defence Army, that played a pivotal role in the independence struggle, was set up in Pyinmana.

Now all the government institutions are carrying out their normal functions at their head offices set up in Nay Pyi Taw.

Hence, we make a profound suggestion to adopt the following detailed basic principle.

“The capital of the State is Nay Pyi Taw.” Transitory Provisions

Mr Chairman,

I will now give suggestions on the chapter “Transitory Provisions”.

The Work Committee Chairman explained: “In formulating a State Constitution, the situation of a nation before the Constitution does not come into force is somewhat different from that after the Constitution comes into force. It is, indeed, transition from one system to another. In the process, there follow changes in the major pillars—legislation, execution and jurisdiction—and economic and social infrastructures during the transitional period. It is required to prescribe transitory provisions in the State Constitution to ensure continuous exercise of State sovereign powers as well as charter, duties and responsibilities to be carried out during the transitional period.”

According to the lessons we have learnt from transitory experiences of some big nations, it is much important for us to pass through systematic, smooth and gentle transitory process. Hence, the transitory provisions are essential for the constitution. We need great care to adopt comprehensive and precise provisions of the transition.

Mr Chairman,

The following eight points are to be adopted as detailed basic principles as explained by the Work Committee Chairman.

(1) The coming into force of the Constitution.

(2) The exercising of the State sovereignty during the interval between the coming into force of this Constitution and the day the first session of the Pyidaungsu Hluttaw is convened.

(3) The work done to bring the Constitution into force.

(4) The devolving of all policy guidelines, laws, rules, regulations, notifications, proclamations, measures, responsibilities and rights.

(5) The existing laws.

(6) The revocation or amendment of the existing rules, regulations, bye-laws, notifications, orders, directives and procedures.

(7) The continuation of the functions of courts at all levels.

(8) The continuation of the functions of all State service personnel of departmental organizations including the Tatmadaw.

Mr Chairman,

The Work Committee Chairman explained the eight detailed basic principles of the chapter reasonably and comprehensively after studying the 1947 Constitution and Acts and bylaws enacted by the constitution, the 1974 Constitution and the laws and bylaws enacted by the constitution, and the constitutions of some world nations. The said eight detailed basic principles should be adopted.

U Than Tun of the delegate group of State service personnel of Attorney-General’s Office will read out proposal paper on the chapters “General Provisions”.