The following is the clarification of the National Convention Convening Work Committee on the detailed basic principles that should be adopted in the chapter “State Flag, State Seal, National Anthem and the Capital” to be included in drawing the State constitution at Nyaunghnapin Camp in Hmawby Township yesterday.

Mr Chairman,

At the plenary sessions held on 10 November 2006, the Work Committee chairman explained the detailed basic principles that should be adopted for the Chapter “State Flag, State Seal, National Anthem and the Capital”. Regarding the Work Committee chairman’s explanation, the delegate groups:

- the Delegate Group of National Races;

- the Delegate Group of Peasants;

- the Delegate Group of Workers;

- the Delegate Group of Intellectuals and Intelligentsia;

- the Delegate Group of State Service Personnel;

- the Delegate Group of Other Invited Persons; and

- the political parties from the Delegate Group of Political Parties:

- the National Unity Party;

- the Union Pa-O National Organization;

- the Shan State Kokang Democratic Party;

- the Mro (a) Khami National Solidarity Organi zation;

- the Lahu National Development Party;

- the Union Kayin League;

- the Kokang Democracy and Unity Party;

-the Wa National Development Party;, and

-representatives of political parties from the Delegate Group of Representatives-Elect, and three Independent Representatives-Elect including Dr Hmu Htan, and six Independent Representatives-Elect including U Tin Win held group-wise discussions, and suggested that the detailed basic principles for the Chapter “State Flag, State Seal, National Anthem and the Capital” should be adopted. The are:

Regarding the State Flag;

“(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.”

“Explanation will be made on the detailed basic principle to be adopted in connection with the State Seal. In the 1947 Constitution there is no provision concerning the State Seal. The 1974 Constitution showed the picture of the State seal and stated, “The State Seal shall be as shown below.”

Regarding the State Seal, with the picture of the State Seal under it, “The State Seal shall be as shown below.” Regarding the National Anthem, “The present National Anthem shall be pre scribed as the National Anthem.”

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

Mr Chairman,

Now, I will present the separate suggestions of delegate groups.

Independent Representatives-Elect Dr Hmu Htan of Thantlang Township Constituency in Chin State, U Aung Thein of Ywangan Township Constituency in Shan State and U Tun Kyaw of Namhsan Township Constituency in Shan State (North) from that delegate group said, “The State Law and Order Restoration Council on 18 June 1989 issued the Order No 2/89 which said that the word “Bamar” included in the National Anthem of the Union of Myanmar was like representing only the Bamar people; that actually the National Anthem stood for all the national races of the Union; and that the word “Bamar” should be substituted with the word “Myanmar” representing all the national races. But some are still singing the song casually with the word “Bamar”. Notifications and orders should be issued in the future to remind the people to use the word “Myanmar” in accord with its essence instead of the word “Bamar”.

“As Yangon has been designated as the Capital in accord with the said fundamental principles and detailed basic principles, there will be two Capitals in the nation, if Nay Pyi Taw is designated as the new Capital without abolishing the status of Yangon. At present, Nay Pyi Taw is included in Mandalay Division, and no detailed basic principle concerning Nay Pyi Taw has been laid down or adopted yet.

“We are confused as to (1) when and how a Union territory under the direct administration of the President concerning Nay Pyi Taw, (2) its boundary and (3) its administration will be designated. We are unable to know whether they will be designated at the ongoing National Convention or when the bodies emerge under new Constitution.

“We are not clear yet which city will be the capital of Yangon Region, if Yangon remains as a Union territory.

“The laying down of the fundamental principle to designate Yangon as the Capital and Union territory was based on the executive of the then period.

“Concerning the designation of Union territories, the sub-para (c) of the para 11 says, “If the need arises to designate areas that have special situation in connection with national security, administration and economic etc. as Union territories they may be so designated as Union territories after enacting laws”. It is not proper to designate Yangon that is no longer the nation’s Capital, as a significant area without holding formal discussions on the matter at the National Convention. We assume that Yangon should be designated as a Union territory after enacting laws. We would like to suggest that the matter concerning the designation of Nay Pyi Taw as the Capital should be explained at the National Convention for all the delegates to know about it clearly.”

To respond to the first of the two suggestions “Notifications and orders should be issued in the future to remind the people to use the word “Myanmar” in accord with its essence instead of the word “Bamar”, as prescribed in the suggestion, the government has already issued necessary notifications and orders to officially change the term. Moreover, in practice, in singing the National Anthem, the term “Myanmar” is used in place of the term “Bamar”.

Regarding the second suggestion “whether the matters — Nay Pyi Taw will be designated as the Capital, Union territory of Nay Pyi Taw will be delineated, and its administration will be designated at the ongoing National Convention or not, the matter of adopting the detailed basic principle of Yangon, previous capital, is designated as a Union territory, and these matters should be explained at the National Convention for all the delegates to know about it clearly, the National Convention is planning to review the already-adopted detailed basic principles so as to cancel the unnecessary basic principles and detailed basic principles and amend some principles if necessary.

Mr Chairman,

Independent Representatives-Elect from the Delegate Group of Representatives-Elect—U Tin Win of Kyaiklat Township Constituency (2), U Thein Kyi of Taungdwingyi Township Constituency (1), U Hla Soe of Minbu Township Constituency (2), U Mya Hlaing of Twantay Township Constituency (2), U Kyi Win of Mingaladon Township Constituency (1), and U Tin Tun Maung of Mingaladon Township Constituency (2) from the same delegate group in their suggestion said, “The following points should be adopted as detailed basic principles. They are:

“The following points should be taken into consideration in choosing the design of the State Flag;

“(a) It shall portray the significant characteristics of the nation,

“(b) It shall not be the one that resembles other nations’ State Flags in appearance;

“(c) It shall be the one that even a primary level student can easily understand its essence and draw its picture. This will help vitalize the patriotism of students since childhood days;

“(d) It shall be easy to be proportionate and identical to one another in making different shapes and sizes and in drawing them;

“Based on these points, we would also like to make a separate suggestion:

“The three colours — green, yellow and red — were included in the three-colours Peacock Flag used during the national liberation struggle. And they have represented the nation’s significant conditions.

Hence, they are suitable for the State Flag. The White Star representing the whole Union should be placed in the centre of the Flag or in other words at the center of yellow stripe instead of at the top to stand for the unity of the entire Union. The pointed top of the star should touch the base of green stripe and the two bottom points should touch the vertex of the red stripe. Only then the Flag will represent the unity and ensure uniformity in drawing or duplicating it.

“In considering whether to adopt the detailed basic principle “The Capital of the State is Nay Pyi Taw.” or not, we would like to suggest that Nay Pyi Taw possess the following requirements.

(a) being a place that is easily accessible from all parts of the nation,

(b) having an adequate number of buildings, a good transport, information network and easy intra-connections between government institutions that are the characteristics of a Capital,

(c) having easy communications among the institutions that will exercise the three organs of power of the State,

(d) being a region that is free from inadequate supply of electricity and water supply, traffic congestion and other kinds of confusion that are common in all commercial cities because of the high population density.

“Now, I will present a point that is noteworthing. In detailed basic principle “Yangon City is designated as the Union territory placed under direct administration of the President” is included in the chapter “the State Structure” to formulate the Constitution. Here, we should consider whether the said detailed basic principle should be annulled or amended or not. In addition, Nay Pyi Taw should be designated as a Union territory.

In essence, the suggestion about the points for State Flag of the Delegate Group of National Races is similar to that of these six representatives including U Tin Win. Both groups suggested that there should be a change in the size and place of the white star, but no change in the three colours of the flag, as proposed initially. If the white star, which represents the whole Union, is enlarged, it will be more significant and more harmonious with the three colours—green, yellow, and red, they said.

They said that the white star should be stated on the left side or in the centre of the flag in harmony with the three colours instead of doing so on the left side of the green stripe. To assess the suggestion, if the white star is stated at the heart of the State Flag, it will be more distinct. However, the white star is stated on the yellow stripe, it will not be distinct enough. So, the yellow stripe should be stated at the top and the green stripe, in the middle of the flag, and the star is portrayed in the middle of the green stripe, the State Flag will be more significant.

This suggestion is in conformity with the already-adopted basic principle, so it deserves well consideration. The National Convention Convening Work Committee held discussions with members of the panel of chairmen to decide as to whether this suggestion should be adopted as a detailed basic principle or not. The members of the panel of chairmen then discussed the issue with respective representatives, and forwarded by letter the stance of members of the delegate group concerned to the Work Committee. All delegate groups suggested unanimously that the point:

“Regarding the State Flag,

“(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.” should be adopted as a detailed basic principle for the Chapter “State Flag”.

To respond to the suggestion of the six independent representatives-elect including U Tin Win — to designate Nay Pyi Taw as a Union territory, and whether or not it is needed to abrogate or amend the already-adopted detailed basic principle of designating Yangon as a Union territory because Yangon is no longer the capital, I would say their suggestion is similar to that of the three independent representatives-elect including Dr Hmu Htan in appearance. So, my response to their suggestion is similar to that to the suggestion of the three independent representatives elect.

Mr Chairman,

The Delegate Group of National Races in its suggestion said, “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.

“The stipulations 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.” In response to their suggestion, I would say that their suggestion carries a point that procedures and rules in connection with the State Flag should be enacted. So, their suggestion will be recorded so that it can be taken into consideration when rules and regulations are enacted.

The group said, “Two sprigs of Eugenia each flanking the map of Myanmar, located in the centre of the State Seal, on both sides in an upward position should be included in the Seal.”

“The suggestion is meant to fill the spaces on the left and right sides of the map of Myanmar and to depict the auspiciousness, peace and success.”

It is considered that if doing so, it will reinforce the two spaces on the right and left side of the map and reflect auspiciousness, peace and success.

This suggestion is in line with the already-laid down detailed basic principle, so it well deserves thorough consideration. The Work Committee held discussions with members of the panel of chairmen to decide as to whether this suggestion should be adopted as a detailed basic principle or not. The members of the panel of chairmen then discussed the issue with respective representatives, and forwarded by letter the stance of members of the delegate group concerned to the Work Committee. And then, all delegate groups in their suggestions said that two sprigs of Eugenia each flanking the map of Myanmar, located in the centre of the State Seal, on both sides in an upward position should be included in the Seal. And the National Convention Convening Commission should designate the number of the sprigs of each Eugenia, as appropriate.

So, the point “Two sprigs of Eugenia each flanking the map of Myanmar, located in the centre of the State Seal, on both sides in an upward position should be included in the Seal” should be prescribed in the suggestion about the Chapter “State Seal”. Regarding the suggestion about the designation of the number of sprigs of each Eugenia, the Work Committee reported to the commission in accord with the suggestions of the delegate groups. The commission in this regard gave a directive to designate 14 sprigs for each Eugenia.

Therefore, with the suggestions of the majority of the NC delegates, the points:

Regarding the State Flag,

“(1) The State Flag shall be prescribed as follows: The Flag is marked with yellow, green and red stripes in a proportionate ratio. On the green stripe in the centre of the State Flag is a large white star covering all the three stripes directing upwards.

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

Regarding the State Seal, with the picture of the State Seal under it, “The State Seal shall be as shown below.”

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

Regarding the Capital,

“The capital of the State is Nay Pyi Taw.” Are adopted as detailed basic principles for the Chapter “State Flag, State Seal, National Anthem and the Capital”.