The following is a translation of the 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 made by Shan State Kokang Democratic Party at the Plenary Session of the National Convention held at Pyidaungsu Hall of Nyaunghnapin Camp in Hmawby Township, Yangon Division, yesterday.

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 delegates health and happiness.

I am U Khaung Daing, a National Convention delegate of the Shan State Kokang Democratic Party.

Amendment of the Constitution

Mr Chairman,

We are in support of adopting the para 1 (a), (b) concerning the means to amend the constitution, the para 2 the amendment of the constitution only at the Pyidaungsu Hluttaw, and the para 3 the percentage of MPs required for an amendment as detailed basic principles.

Mr Chairman,

We find that the para 4 states as follows:

“(a) The adopted provisions of the State Fundamental Principles, the State Structure, the Formation of Legislature, the Formation of Executive, the Formation of Judiciary, and the State of Emergency shall be amended with the prior approval of more than 75 per cent of all the members of the Pyidaungsu Hluttaw, in a nationwide referendum only with a majority vote of more than half of those who have the right to vote.

“(b) Provisions other than those mentioned in the paragraph (a) shall be amended only with a majority vote of more than 75 per cent of all the members of the Pyidaungsu Hluttaw.

“(c) Articles that are concerned with or inclusive in Chapters stated in the paragraph (a) shall be prescribed when the Constitution is drafted.”

Mr Chairman,

We would like to present our opinion concerning the subparas (a), (b) and (c) of the para 4.

After the establishment of an independent state, a constitution is promulgated. But constitutional amendments in connection with some of the adopted provisions will have to be made due to certain reasons or if and when necessary. The amendment of any provision of the constitution is as important as the lifeblood of the nation. Instead of amending the constitution with the referendum or over 75 per cent of the members of the Pyidaungsu Hluttaw in accord with the stipulations of the Constitution, a detailed basic principle should be adopted to amend the constitution if over 50 percent of the members of the respective Hluttaws proposed to do so.

Hence, we would like to suggest to adopt the said detailed basic principle as follows;

“(a) The adopted provisions of the State Fundamental Principles, the State Structure, the Formation of Legislature, the Formation of Executive, the Formation of Judiciary, and the State of Emergency shall be amended with the prior approval of more than 50 per cent of all the members of the Pyidaungsu Hluttaw, in a nationwide referendum only with a majority vote of more than half of those who have the right to vote.

“(b) Provisions other than those mentioned in the paragraph (a) shall be amended only with a majority vote of more than 50 per cent of all the members of the Pyidaungsu Hluttaw.

“(c) Articles that are concerned with or inclusive in Chapters stated in the paragraph (a) shall be prescribed when drafting the Constitution.”

State Flag, State Seal, National Anthem and the Capital

Mr Chairman and delegates,

I will now discuss the chapter “State Flag, State Seal, National Anthem and the Capital”. It is true that every independent and sovereign world nation has its own State Flag, State Seal, National Anthem and the Capital. We also have our own. It is appropriate to have procedures and rules in connection with the State Flag and to prescribe punishments for offences in the separate law.

Mr Chairman,

The prescriptions and the colour of the State Flag of our nation mostly depend on her history and objective conditions of her national races. According to the 1947 Constitution, we used the National Flag that was rectangular in shape and red in colour with a canton of dark blue. In the canton were a five-pointed large white star with five smaller stars between the points.

Mr Chairman,

According to the clarification of the Work Committee Chairman, we have come to know that the colour blue representing peace, tranquillity and stability used in the State Flag in accord with the 1947 Constitution and the 1974 Constitution will not be used in the coming State Flag.

Mr Chairman,

As Myanmar is an agro-based nation, the colour green that stands for peace and tranquillity and lush and verdant environment should be used. In addition, yellow that depicts solidarity, harmony, re-consolidation and love and unity of all the national races should be used in the Flag. Moreover, red, which means valour and decisiveness, should also be portrayed.

As the Work Committee Chairman’s explanations concerning the State Seal, National Anthem and the Capital are comprehensive and realistic and in accord with the historical conditions, we have no further suggestions concerning them.

The detailed basic principles “The State Seal shall be as shown below”, “The present National Anthem shall be prescribed as the National Anthem” and “The capital of the State is Nay Pyi Taw” should be adopted.

Transitory Provisions

I will now discuss our proposal concerning the chapter “Transitory Provisions”. In most of the world nations, 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 duties and responsibilities to be carried out during the transitional period. It is found that the State Constitutions of the nations of the world carry transitory provisions, and so do the 1947 Constitution and the 1974 Constitution of Myanmar. And Article 195 of the 1974 Constitution says, “This Constitution shall come into force throughout the Union after its adoption in a nationwide referendum by more than half of all the people who have the right to vote”.

Mr Chairman,

The nation at present is in the process of building a democratic state. A referendum will be held nationwide after the adoption of all the fundamental principles and detailed basic principles. Free and fair elections will be held to elect MPs; Hluttaw meetings will be held in accord with the Constitution; the leaders of the State elected by the Pyidaungsu Hluttaw, and the government and the administrative bodies formed by the Hluttaws will build a new modern and developed democratic nation. It is proper to hold a nationwide referendum to adopt the Constitution.

The Work Committee Chairman’s clarification concerning the paras 1 and 2 in connection with the coming into force of the Constitution, the exercising of the State power during the interval between the coming into force of this Constitution and the day the first session of the Pyidaungsu Hlutaw is convened; the para 5 in connection with the existing law should be adopted.

Mr Chairman,

The para 6 concerning the continued existence of rules, regulations, bye- laws, notifications, orders, directives and procedures, the para 7 concerning the judicial cases, and the para 8 concerning the State service personnel are in accord with the nation’s current situations. They should be adopted as detailed basic principles.

General Provisions

Mr Chairman,

I will now discuss the chapter “General Provisions”. In his clarification, the Work Committee Chairman said, “A Constitution is the main law that reflects a nation’s history and portrays the structure of that nation. Moreover, the Constitution is the main pillar of the laws of a nation stipulating the sharing of the three branches of power — the legislative power, the executive power and the judicial power — and the political and economic system. Hence all the laws of a nation should be in conformity with the Constitution. In the 1974 Constitution of our nation and constitutions of some nations, it is stated that the Constitution is the basic law of laws of the State.”

Mr Chairman,

The para 1 which states that the Constitution is the basic law of laws of the State; the para 2, which states that Myanmar language is the official language, and the paras 3, 4 and 5 which say that all interpretations concerning the Constitution should be in Myanmar are appropriate to be adopted as detailed basic principles.

The para 6 “A Myanmar manuscript of this Constitution shall be kept at the National Archives. The manuscript shall be conclusive evidence of the provisions of this Constitution” should be adopted. As regards the para 6, we would like to give a suggestion. Myanmar is formed with Regions and States and self-administered areas where various national races are living. There are national races who are not skilled in Myanmar literature and language. Moreover, some areas of the nation are far away from the place where the National Archives is located. Hence, copies of the Constitution that are translated into the languages of various national races will surely be required. The government should enact necessary law to keep the translated copies of the Constitution at the respective Regions, States and self-administered areas.

Mr Chairman,

The para 7 says as follows:

“In the interest of the State, the Union Government may permit—

“(a) Region or State government,

“(b) a cooperative society or a person to run any of economic enterprises, which are prescribed to be operated solely by the Union Government, through a joint-venture system with the Union Government or under agreements” and the para 8 states, “The Union of Myanmar shall honour all legitimate obligations arising out of any treaties or agreements which before the commencement 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”. As the Work Committee Chairman explained the two paras with high vision, they should be adopted.

The subparas (a) and (b) of the para 9 ensures that the Republic of the Union of Myanmar may sue and may be sued. The para 10 and subparas (a), (b), (c), (d) and (e) and the para 11 concern the Constitutional Tribunal and the paras 12, 13, 14 and 15 the term of the Constitutional Tribunal. They are appropriate to be adopted as detailed basic principles.

We have studied the paras from 16 to 26 and found no further suggestions concerning them. Hence, they should be adopted as detailed basic principles. I concluded my proposals in reading the Work Committee Chairman’s explanations concerning the chapters “Amendment of the Constitution”, “State Flag, State Seal, National Anthem, Capital, “Transitory Provisions” and “General Provisions”.

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 extended my greetings to you all.

I am representative U Maung Pein (a) U Khin Maung Thein of the Mro (or) Khami National Solidarity Organization of Rakhine State. May you delegates be blessed with physical and mental wellbeing.

Mr Chairman,

At the plenary session of the National Convention held on 10 and 13 November 2006, the chairman of the Work Committee explained points about the Chapter “Amendment of the State Constitution” to be included in the State constitution.

Mr Chairman,

The nation after adopting and promulgating the Constitution will have to make amendments as necessary depending on time and situation. Some nations use two methods to make amendments to the constitution concerned. The first method is to hold a referendum to make an amendment to some provisions of the Constitution with the approval of 75 per cent or two-thirds of the MPs. In the Union of Myanmar also, the topic has been provided as a separate Chapter in both the 1947 Constitution and the 1974 Constitution. If there arises a matter to amend the Constitution, the method of amendment should be designated. The method is that every proposal for an amendment should be in the form of a Bill, and that the Bill should contain no other proposals.

Mr Chairman,

It is required to prescribe a principle to designate the Hluttaw at which a bill shall be initiated. Some countries prescribe that one of the two Hluttaws shall initiate a bill. Section 209 (1) of the 1947 Constitution stated, “Such Bill may be initiated in either Chamber of Parliament.” And in the 1974 Constitution there was only one Hluttaw, and it was stated as follows:

(c) Members of the Pyithu Hluttaw may submit to the Pyithu Hluttaw motions for amending this Constitution.

(d) If a People’s Council wishes to submit a motion for amending this Constitution, such a motion shall be submitted stage by stage from the lower to the higher levels and finally to the Pyithu Hluttaw.

The new Constitution will have two Hluttaws — the Pyithu Hluttaw and the Amyotha Hluttaw. The Pyidaungsu Hluttaw comprises the said two Hluttaws. Only the Pyidaungsu Hluttaw will draft bills and promulgate laws. So, the detailed basic principle “Such Bill to amend the Constitution may be initiated in the Pyidaungsu Hluttaw” should be adopted.

Mr Chairman,

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. Therefore, the point the Work Committee clarified that “The Pyidaungsu Hluttaw shall accept the Bill to amend the Constitution for consideration, if 20 per cent of all the Pyidaungsu Hluttaw members submit it” should be adopted as a detailed basic principle.

Mr Chairman,

Regarding the points proposed for the Chapter “Amendment of the State Constitution”, I would like to make a suggestion for sub-paras (a), (b) and (c) of the paragraph (4) the Work Committee chairman presented.

The para (a) says “The adopted provisions of the State Fundamental Principles, the State Structure, the Formation of Legislature, the Formation of Executive, the Formation of Judiciary, and the State of Emergency shall 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. According to the constitutions of some nations and the 1974 constitution of Myanmar, if need arises to make amendments to the State constitution, the provisions, except the main articles and provisions, shall be amended with the approval of at least 75 per cent of the number of the members of the Pyithu Hluttaw.

Mr Chairman,

Regarding the procedures to make amendments to the State constitution, some nations prescribe two ways in their constitutions. The first is that some provisions are amended with the approval of 75 per cent or two-thirds of the members of the Pyithu Hluttaw through a referendum.

The sub-paras (a), (b) and (c) of para (4) the Work Committee chairman explained regarding the amendments to the forthcoming State constitution are appropriate. So, we do not make any suggestions about them.

State Flag, State Seal, National Anthem and the Capital

Mr Chairman and NC delegates,

At the plenary session of the National Convention, the Work Committee chairman clarified the detailed basic principles that should be adopted for the Chapter “State Flag, State Seal, National Anthem and the Capital”.

In his explanation, he said that every independent and sovereign nation has its own specific State Flag, State Seal, National Anthem and the Capital. Some nations stated them in the Constitution and in some nations, the legislative assembly promulgates separate laws concerning them.

He also said that mostly, provisions concerning the State Flag focus on the means to stipulate and design it. Procedures and rules in connection with the State Flag and punishments for offences are prescribed in the separate law enacted by the legislative assembly. He said that the stipulation of the State Flag mostly depend on history of a nation. Colours including white, red, blue, green, yellow, orange etc are used in the State Flags in accord with the history of a nation.

He discussed the facts about the size and colours to be portrayed in the State Flag referring to the Section 215 of the 1947 constitution of Myanmar. He said that the 1947 constitution and the 1974 constitution prescribed red, white and blue colours for the State Flag; and that it has been constantly believed that red stands for courage and decisiveness, white for purity and blue for peace, tranquillity and stability.

Mr Chairman,

The Work Committee chairman said that the detailed basic principle has been adopted that “No part of the territory of the Union shall ever secede from the Union.” As all the national races are living through thick and thin and in unity, a big white star in an upward position representing the Union should be portrayed in the State Flag.

As Myanmar is an agro-based nation, the colour green that stands for peace and tranquillity and lush and verdant environment should be used. In addition, yellow that depicts solidarity, harmony, reconsolidation and love and unity of all the national races should be used in the Flag. In some countries, yellow is a royal colour representing the glory. Moreover, red, which means valour and decisiveness, should also be portrayed. As the said three colours — green, yellow and red — portray the nation’s objective conditions and national unity, the Flag should be marked with green, yellow and red stripes in a proportionate ratio. On the left end of the green stripe at the top should be a big white star directing upwards in the State Flag.

Mr Chairman,

We noticed that his clarification was in conformity with the forthcoming State constitution and the geographical features of the nation. So, we will not deal with the State Flag, State Seal, National Anthem and Capital and these points should be adopted as detailed basic principles.

Transitory Provisions

Mr Chairman and NC delegates,

The Work Committee chairman also explained the detailed basic principles that should be adopted for the Chapter “Transitory Provisions”.

He said that 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.

He added that the State Constitutions of other nations, and the 1947 constitution and the 1974 constitution of Myanmar carry transitory provisions. We noticed that he clarified the eight points covering the coming into force of the Constitution,

- the continuing of exercising 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,

- the work done by the State Peace and Development Council to bring the Constitution into force until the Constitution comes into force,

- the devolving of all policy guidelines, laws, rules, regulations, notifications, proclamations, measures, responsibilities and rights of the State,

- existing laws,

- existing rules, regulations, bye-laws, notifications, orders, directives,

- the cases pending in all courts existing on the date of the coming into operation of this Constitution, and

- all functioning State service personnel.

So, we would like to make no suggestions about these points, and suggest that they should be adopted as detailed basic principles.

General Provisions

Mr Chairman and NC delegates,

Now, I would like to present our views about the Work Committee chairman’s clarification to the detailed basic principles for the Chapter “General Provision”.

Mr Chairman,

A Constitution is the main law of a nation that reflects the history and portrays the structure of that nation. Moreover, the Constitution is the main pillar of the laws of a nation stipulating the sharing of the three branches of power — the legislative power, the executive power and the judicial power — and the political and economic system. Thus, all the laws of a nation should be in conformity with the Constitution.

In the 1974 Constitution of our nation and constitutions of some nations, it is stated that the Constitution is the basic law of laws of the State. So, the point “State constitution is the basic law of the laws of the State” should be adopted as a detailed basic principle.

Mr Chairman,

We conducted a careful study on the Work Committee chairman’s clarification to—

- the designation of Myanmar language as the official language,

- interpretation of the expressions contained in this Constitution based only on Myanmar text when need arises,

- interpretation of the expressions stipulated in this Constitution,

- the statement that the manuscript shall be conclusive evidence of the provisions of this Constitution,

- the economic sector while the basic principles were adopted for designating policies of the State,

- the treaties or agreements signed between the government of the Union of Myanmar and the governments of other countries in the post-independence period,

- any contracts or liabilities signed between the government of the Union of Myanmar and the governments of other countries before the State constitute comes into force,

- the establishment of the Constitutional Tribunal,

- the formation of the Constitutional Tribunal, appointment of members, designation of its members’ required qualifications, the term of the Constitutional Tribunal, assigning duties to the members, being loyal to the State, and functions of the Constitutional Tribunal.

Here, we noticed that he presented a collection of 26 points that should be adopted as detailed basic principles for the Chapter “General Provisions”. These points are found appropriate and so we would like to make no suggestions about them and supported them.

Mr Chairman and NC delegates,

This NC plenary session, upholding Our Three Main National Causes, we have made suggestions about 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. 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 wish you all in physical and mental wellbeing.