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 and the Capital”, “Transitory Provisions” and “General Provisions” to be included in drafting the State Constitution presented by the Delegate Group of Intellectuals and Intelligentsia at the Plenary Session of the National Convention held at Pyidaungsu Hall of Nyaunghnapin Camp in Hmawby Township, Yangon Division, on 28-12-2006.

Mr Chairman and members of the panel of chairmen, the chairman and members of the National Convention Convening Commission, the chairman and members of the NCC Work Committee, the chairman and members of the NCC Management Committee and NC delegates.

I am U Win Maung (Tampawady). Now, I will read out the first part of the proposal of our group.

Mr Chairman,

I would like to make suggestions about the points the Work Committee chairman explained at the National Convention plenary session on 10 and 13 November 2006 to lay down the detailed basic principles for the Chapter “Amendment of the Constitution”, Chapter “State Flag, State Seal, National Anthem and the Capital”, Chapter “Transitory Provisions” and Chapter “General Provisions” to be included in the State Constitution.

In order to make sure effectiveness, we members grouped ourselves into four sub-groups according to background knowledge and interest, and each group held discussions about each of the four chapters.

Mr Chairman,

Each of the four sub-groups read out the proposal paper and it had compiled for the approval of the subgroup concerned. Then, the four proposals of the four sub-groups were submitted for the approval of the whole group.

Mr Chairman,

At first, I would like to present our views about the detailed basic principles proposed for the Chapter “Amendment of the Constitution”.

As you know the State Constitution is the basic law of the laws of a nation. It is natural that however much a State constitution is written completely, sooner or later it will need amendments according to the changes. So, specific procedures should be prescribed in advance in the process of making amendments to the State constitution.

It was explained that regarding amendments, the Constitutions of some nations and the 1947 Constitution and the 1974 Constitution of the Union of Myanmar prescribe a separate Chapter. And the method of amendment should be designated, and the proposal for an amendment should be in the form of a Bill, and that the Bill should contain no other proposals. The explanation is systematic and all the attention can be focused on the Bill. So, we consider it is appropriate.

Mr Chairman,

But, in this regard, there should be a detailed basic principle that prescribes which Hluttaw should initiate the Bill. The constitutions of some countries have two Hluttaws each, and some countries, only one Hluttaw. The new Constitution will have two Hluttaws — the Pyithu Hluttaw and the Amyotha Hluttaw. The Pyidaungsu Hluttaw, the highest organ, comprises the said two Hluttaws. The Pyidaungsu Hluttaw will solely draw and enact the laws.

Therefore, the Work Committee chairman’s explanation “Such Bill to amend the Constitution may be initiated in the Pyidaungsu Hluttaw” is appropriate. He said that instead of submitting the Bill directly to the Pyidaungsu Hluttaw, there should be a stipulation, and the submission of the Bill should be in accord with the provisions. And the Pyidaungsu Hluttaw should consider discussing the Bill only if at least 20 per cent of all the members of the Pyidaungsu Hluttaw submit it.

In this regard, we believe that the proceedings of amendment to the State constitution will ensure careful attention of the members in submitting proposals if the minimum number of the members is fixed at a greater number instead of 20 per cent in order to avert submitting proposals of unrestricted amendments to the Pyidaungsu Hluttaw and a waste of time.

Mr Chairman,

He also explained the procedures of submitting a Bill to make amendments to the State Constitution. Then, we conducted a study on the constitutions of some countries and the 1947 Constitution and the 1974 constitution of Myanmar to know the procedures of how make amendments can be made to specific provisions prescribed in the constitutions in the constitutions. The main articles shall be amended with the prior approval of 75 per cent of all the members of the Pyithu Hluttaw, in a referendum only with a majority vote of more than half of those who have the right to vote. Provisions other than those mentioned in the Clause shall be amended only with a majority vote of 75 per cent of all the members of the Pyithu Hluttaw. According to our study, the Constitutions prescribe the amendment of the provisions chapter by chapter and article by article. 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. Specific principles can be prescribed only in drafting the State constitution.

He explained that the Constitutions prescribe the amendment of the provisions chapter by chapter and article by article. Only then can the specific methods of the specific chapters and articles be clearly known. But the amendment of the provisions can be arranged chapter by chapter and article by article only at the stage of drafting the Constitution. His explanation is reasonable and appropriate and it thoroughly covers follow-up procedures. Therefore, the four points the Work Committee chairman explained for the Chapter “Amendment of the State Constitution” should be adopted as detailed basic principles.

State Flag, State Seal, National Anthem and the Capital

Mr Chairman,

Regarding the detailed basic principles proposed at the plenary session held on 10 November 2006 by the National Convention Convening Work Committee chairman for the Chapter “State Flag, State Seal, National Anthem and the Capital” to be included in the State Constitution, we members of the delegate group of intellectuals and intelligentsia would like to present our views.

(1) 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.

He said that the colour green on the State Flag stands for peace and tranquillity and lush and verdant environment, yellow depicts solidarity. Moreover, red means valour and decisiveness. That is complete with good intention.

We studied the State flags of 194 nations. Of them, 24 countries’ State flags are marked with stripes of three colours in a proportionate ratio. Each of the 24 countries uses three colours that match with the conditions of the nation concerned. Members of the delegate groups of intellectuals and intelligentsia made a comparative study of the State flags of the world nations and drew many new designs of State flag. Then, they submitted their works and exchanged views about the designs in the group.

Mr Chairman,

In our group, some members are knowledgeable about historical and Myanmar affairs. hey specially studied the designs of the State flag of our country in Bagan Period, Innwa Period, Konbaung Period and pre-independence period. My thanks go to the members who drew new designs of State flag based on the designs of State flag used in the past and appreciate their efforts and goodwill. We members all participated in the discussions about the design of State Flag. Some held discussions about the design of the three-colour State Flag and the place of the white star the Work Committee chairman presented.

Mr Chairman,

We considered that the proposed State Flag marked with green, yellow and red stripes in proportionate ratio is endowed with essence and meaning. The big white star, which reflects perpetual existence of the consolidated Union, should be on the left end of the green stripe at the top.

“(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.”

should be adopted as a detailed basic principle.

The present State Seal, that has been used since the post-independence period and is decorated with the picture of the lion king and our nation’s map fringed by traditional floral arabesque. The proposed State Seal is the old State Seal to be renovated a little to be modern, and it is acceptable.

Some members of our group who are also craftsmen and historians assessed the Work Committee chairman’s explanation about the State Seal and submitted new designs they had created. Then, the remaining members assessed the proposals. The proposed State Seal features a big white star that represents the Union, picture of lion king that portrays valour and decisiveness, our nation’s map fringed by traditional floral arabesque that reflects our nation’s cultural civilization, and the words “Pyidaungsu Thamada Myanmar Naing-Ngan Daw”. These facts are complete with essence and meaning.

Therefore, the point:

With the picture of the State Seal under it,

“The State Seal shall be as shown below.”

should be adopted as a detailed basic principle.

Mr Chairman,

The Work Committee chairman called for suggestions to decide whether the point:

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

should be adopted as a detailed basic principle or not. Some members of our group are musicians and literati.

The present National Anthem was conceived of the independence struggles. The words of National Anthem should reflect the State’s policies and goals. And its tunes should be serious and lively. It should be a long-lasting one. It should also be a simple and listener-friendly one that can be sung easily by millions of people including children.

Mr Chairman,

The present National Anthem was conceived of the independence struggles of the anti-colonial forces, and it became well-known in the post-independence period. It depicts justice, liberty, peace, and equality that the State values much.

In the National Anthem, the words “Gabar Magye Myanmar Pyay” mean Myanmar nation and Myanmar people exist as long as the world does. And they indicates the vow of ensuring perpetual existence of the Union, the heritage of our ancestors. So, the present National Anthem is composed precisely and is endowed with essence. It is a simple and lively song that can be sung by anyone, young or old, regardless national race, to the accompaniment of any traditional or modern orchestras. And it can be sung to full blast in chorus by a large number of people at any victory.

Mr Chairman,

It is clear that the present National Anthem has won the heart of the entire people. Therefore, the point:

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

should be adopted as a detailed basic principle.

Now, I would like to make suggestions about the points for designating the capital city of our nation.

Mr Chairman,

The Work Committee chairman made a complete explanation about the points for designating the capital city of our nation, and sought advice and suggestions to decide whether the point:

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

should be adopted as a detailed basic principle or not.

Mr Chairman,

Whenever we members of the delegate group of intellectuals and intelligentsia hold discussions, we referred to the basic principles, procedures and decisions of the National Convention. At the beginning of the National Convention, it was prescribed that “The capital of the State is Yangon” and Yangon is designated as a Union territory.

Mr Chairman,

As the time when the National Convention launched was long ago, there have been many changes in the condition for designating the capital city. The shifting of the administrative seat to the centre of the nation can bring many fruitful results such as more effectiveness of the administrative machinery in the far-flung areas and more equitable development of all parts of the Union in the transport, economic and social sectors. Therefore, the government has established Nay Pyi Taw as the capital city in the more strategic region.

Previously, Yangon was the capital city. But, now the capital city of the nation should be Nay Pyi Taw where the administrative seat is based. Yangon still exists as the most important exit of the nation economically and geographically. So, Yangon City should be a Union territory under the direct rule of the President.

Mr Chairman,

Therefore, regarding the designation of the capital city of the Union of Myanmar, the point:

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

should be adopted as a detailed basic principle.

U Sein Kyi of the delegate group of intellectuals and intelligentsia will read out the next part of our proposal regarding the detailed basic principles proposed for the Chapter “Transitory Provisions”.

Transitory Provisions

Mr Chairman,

Every independent and sovereign nation has to adopt the principles on sharing of sovereign powers, and fundamental rights and duties of the citizens. These principles are combined into a State Constitution.

Some governmental organizations have to organize the tasks for drawing the State Constitution. After being drawn, a State Constitution can be approved through each of many ways. In some countries, it was approved under the signature of the President. In some countries, it was approved by legislative assemblies. In some countries, it was approved through a referendum. The 1974 Constitution of the Union of Myanmar was approved through a referendum. The committee for drawing State Constitution will have to complete the drive after the National Convention has adopted all the basic principles and detailed basic principles. The fourth step of the State’s seven-step Road Map is “Adoption of the Constitution through a national referendum”.

Mr Chairman,

Myanmar regained independence on 4 January 1948. It started to write the State Constitution in 1947. The parliamentary assembly and the Myanmar interim government organized the responsibilities for framing the 1947 State Constitution in 1947. At that time, the State Constitution was a much-needed thing for regaining independence.

So, it was to be completed hastily by the day on which the nation would regain independence. The parliamentary assembly adopted that State Constitution on 4 January 1948, on which Myanmar regained independence. The Revolutionary Council, the Revolutionary Government organized the tasks for writing the 1974 Constitution. Before the launch of the drive, it sought advice and suggestions of the people. The State Constitution Writing Commission wrote the first draft. Then, it presented the first draft to the public. After that, it sought the advice and suggestions and wrote the second draft. Then, it presented the second draft down to the grassroots level. After seeking advice and suggestions of the people, it wrote the third draft. And the final draft was approved through a referendum.

Mr Chairman,

The State Peace and Development Council organized the tasks for writing the State Constitution that will come into force soon, and in the process it holds the National Convention. More than 1,000 delegates who are people of diverse national races, workers, peasants, intellectuals, intelligentsia, State service personnel, political parties, representatives-elect, national race peace groups, retired diplomats who are versed with politics, and historians from the states and divisions held discussions and laid down the basic principles and detailed basic principles. After the completion of the National Convention, the State Constitution will be written systematically. The forthcoming State Constitution will be approved by the people through a referendum.

Mr Chairman,

We members of the delegate group of intellectuals and intelligentsia evaluated the eight detailed basic principles the Work Committee chairman presented the plenary session held on 13 November 2006 for the Chapter “Transitory Provisions”.

So, these points should be adopted as detailed basic principles for the Chapter “Transitory Provisions”. They are:

1. “This Constitution shall come into force throughout the Union after its adoption in a referendum by more than half of all the people who have the right to vote.”

2. “The State Peace and Development Council shall, continuing to exercise State sovereignty, carry out during the interval between the coming into force of this Constitution and the day the first session of the Pyidaungsu Hluttaw is convened, all the functions of the Pyidaungsu Hluttaw under the Constitution.”

3. “The work done by the State Peace and Development Council to bring the Constitution into force shall be deemed to have been carried out in accord with this Constitution”

4. “All policy guidelines, laws, rules, regulations, notifications, proclamations, measures, responsibilities and rights of the State Peace and Development Council shall devolve on the Union of Myanmar”

5. “Existing laws shall remain in force in so far as they are not contrary to this Constitution until and unless they are repealed or amended by the Pyidaungsu Hluttaw”

6. “Existing rules, regulations, bye-laws, notifications, orders, directives and procedures shall remain in force in so far as they are not contrary to this Constitution until and unless they are repealed or amended by the Union Government”

7. “All courts existing on the date of the coming into operation of this Constitution shall continue to exercise their jurisdiction until new courts are established by law in accord with this Constitution. All cases, civil, criminal and revenue, pending in the said courts, shall be disposed of in accord with the laws exercised on the date on which the cases came up for trial.”

8. “All functioning State service personnel of departmental organizations including Tatmadaw under the State Peace and Development Council on the day this Constitution comes into force shall continue in their functions unless otherwise prescribed by the Government of the Union of Myanmar”

General Provisions,

Mr Chairman,

At the plenary session held on 13 November 2006, the Work Committee chairman elaborated on the 26 detailed basic principles for the Chapter “General Provisions” to be included in the State Constitution. Among them, six detailed basic principles concern the points that the official language is Myanmar language and Myanmar language should be designated as the official language of the State, and that the Myanmar manuscript of the Constitution should be enrolled for record in the National Archives; one detailed basic principle that concerns the point that operation of economic enterprises through joint-venture system with the government; two detailed basic principles that concern the points that the treaties, agreements and charters should be honoured, and the remaining detailed basic principles concern the formation of the Constitutional Tribunal.

Mr Chairman,

The upcoming State Constitution will portray the State structure and reflect the history of the nation. This Constitution includes some points that prescribe the procedures of how to share the three State’s sovereign powers. Other laws will be enacted after the State Constitution has been drawn. So, the State Constitution is the basic law of the laws of the nation.

Myanmar is a Union that is made up of more than 100 national races. All the national races should use Myanmar language as the official language. Indeed, Myanmar language has existed for thousands of years like the Myanmar’s history. The Teachings of the Buddha, Pali and some words of English were adopted to the Myanmar language to enrich the vocabulary of the language. Using Myanmar language as the official language enhances the image of the State and uplifts the national prestige and dynamism of patriotic spirit. Like some languages used in some countries, Myanmar language is fine and rich in vocabulary. Moreover, it covers various profound technologies. It is comprehensible to all the national people. Using Myanmar language as the official language ensures uniformity in relations between the people and the government and between the governmental organizations. It can specifically define the expressions. The 1947 Constitution and the 1974 Constitution prescribed Myanmar language as the official language of the State. In addition, the National Convention has adopted that point as a detailed basic principle since 1993. Therefore, the first six points such as ensuring the State constitution as the basic law of the laws of the State, designating Myanmar language as the official language, designating the State fundamental principles as the guidelines to be followed by the legislative Hluttaws in enacting laws and interpreting provisions of the State Constitution and of other laws; referring to Myanmar text interpreting the preamble, articles, clauses, words and expressions contained in this Constitution and in existing Interpretation of Expressions Law, and keeping a Myanmar manuscript of this Constitution at the National Archives, should be adopted as detailed basic principles.

Mr Chairman,

Among the economic enterprises in the nation, many are the ones that the Union government has to solely operate. No 7 para guarantees permission to a Region or State government, a cooperative society or a person to run economic enterprises with the government through joint-venture system or under agreements in the interests of the State. So, it should be adopted as a detailed basic principle.

Paras (8) and (9) mean that the Union of Myanmar shall honour all legitimate obligations arising out of any treaties or agreements which before the coming into force of this Constitution were in force between the Government of Myanmar and the Government of any other State, provided that such other State honours any reciprocal obligations towards the Union of Myanmar. And any proceedings relating to contracts or liabilities which might have been brought against the Government of the Union of Myanmar before this Constitution comes into force, may be brought against the Union Government. The Union of Myanmar may sue and may be sued. These points are used in many countries. The previous State constitutions also prescribed these points. So, they should be adopted as detailed basic principles.

Mr Chairman,

The points from (10) to (19) concern formation of a constitutional tribunal, designation of its membership, qualifications to be possessed by the members, their rights and power, and impeachment of the members.

(a) A constitutional tribunal should be formed to interpret the provisions of the State constitution if necessary, and to make a decision if there arises a dispute. Having to make important decisions, the members should be the ones who should be knowledgeable about political, administrative, economic and security affairs, and who are loyal to the State with the qualifications set for a Union Chief -Justice and a Union Chief Court Judge.

(b) Equal number of the members are appointed by the President, the Speaker of the Pyithu Hluttaw and the Speaker of the Amyotha Hluttaw from among Hluttaw members or non-Hluttaw members. And the appointment shall meet the approval of the Pyidaungsu Hluttaw. The Pyidaungsu Hluttaw should not reject the nominated members unless it can prove them disqualified. The President may have the right to nominate new members if the nominated members are rejected by the Pyidaungsu Hluttaw. The term of the Constitutional Tribunal is five years, and the ongoing Constitutional Tribunal, on expiry of its term, shall continue to carry out its functions till a new Constitutional Tribunal is formed. This method is also for the appointment of the chairman.

(c) a member of the Constitutional Tribunal should resign if he is a Hluttaw member or a government employee so that he has to stay away from bias and misuse of power. He shall have no right to participate in activities of the political party concerned during tenure of membership if he is a member of a political party. A member of the Constitutional Tribunal has to submit his resignation to the President if he wishes to resign of his own accord due to a reason. The President may fill the vacant seat with a new member. A member of the Constitutional Tribunal can be blamed or impeached for treason, violation of any of the provisions of the Constitution, misbehaviour, incompetent discharge of duties. If need arises to blame or impeach a member of the Constitutional Tribunal, it shall do so under the provisions prescribed in this Constitution set to blame or impeach the Union Chief- Justice or a Union Supreme Court Judge.

Mr Chairman,

Para (20) prescribes seven functions of the Constitutional Tribunal including to interpret rovisions of the State Constitution, to scrutinize whether or not laws enacted by the Pyidaungsu Hluttaw, the Region Hluttaws and the State Hluttaws and functions of executive authorities of Pyidaungsu, Regions, States and Self-Administered Areas are in conformity with the State Constitution, and to perform other duties prescribed in the State Constitution. Para (21) is that if there is a dispute as to whether a provision prescribed in a law is in conformity with the Constitution in hearing a case by a court, and the Constitutional Tribunal has not made any decision regarding the case, the court shall suspend its hearing and submit its views to the Constitutional Tribunal in accord with the procedures for its decision. The decision of the Constitutional Tribunal regarding the dispute shall apply all the cases. The decisions of the Tribunal in paras (20) and (21) shall be final. So, subparas from (a) to (g), para (21) and para (22) should be adopted as detailed basic principles.

Mr Chairman,

A task of the Constitutional Tribunal is to interpret the provisions of the State constitution, to make decisions and to give its stances. Para (23) says that the President, Speaker of the Pyidaungsu Hluttaw, Speaker of the Pyithu Hluttaw, Speaker of the Amyotha Hluttaw, Union Chief-Justice, and Chairman of Union Election Commission shall have the right to directly submit a case to the Constitutional Tribunal for its interpretation, decision, and stance. It is appropriate because they are the heads of respective organizations. Para (24) says that Region or State Chief Ministers, Speaker of the Region or State Hluttaw, Chairman of Leading Body of Self-Administered Areas or at least 10 per cent of the members of the Pyithu Hluttaw or the Amyotha Hluttaw shall have the right to submit a case to the Constitutional Tribunal in accord with the procedures for its interpretation, decision and stance. This point is also appropriate because they are those in charge of the organization concerned and the number of Hluttaw members is fixed. Para (25) is to prescribe by law formation and relations of the Constitutional Tribunal, and duties, rights and privileges of the chairman and members of the Constitutional Tribunal. Para (26) is to designate the role of the chairman of the Constitutional Tribunal to be equivalent to the position of a Vice-President, and a member, to the position of a Union minister in order to make reference. It is appropriate to designate the role of the chairman and members of the Tribunal of the State Constitution that is the most important, fundamental and basic law to enable them to discharge their duties with prestige. So, the points from 23 to 26 should be adopted as detailed basic principles.

We members of the delegate group of intellectuals and intelligentsia suggest that the 26 points the Work Committee chairman proposed for the Chapter “General Provisions” should be adopted as detailed basic principles.

In conclusion, we would say that the 26 points the Work Committee chairman proposed for the Chapter “Amendment of the Constitution”, Chapter “State Flag, State Seal, National Anthem and the Capital”, Chapter “Transitory Provisions” and Chapter “General Provisions” to be included in the State Constitution should be adopted as detailed basic principles.