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Panel of Alternate Chairmen presents collections of suggestions made by NC delegates 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 State Constitution

The plenary session of the National Convention continued at Pyidaungsu Hall in Nyaunghnapin Camp, Hmawby Township, here, at 9 am. The Panel of Alternate Chairmen presented collections of suggestions made by NC delegates on laying down detailed basic principles for the chapters "Amendment of the Constitution", "State Flag, State Seal, National Anthem and the Capital", "Transitory Provisions” and General Provisions” to be included in the State Constitution to the plenary session of the National Convention.

Present on the occasion were National Convention Convening Commission Chairman State Peace and Development Council and members, members of National Convention Convening Work Committee, National Convention Convening Management Committee Chairman Maj-Gen Lun Maung and members, chairmen and officials of sub-committees, delegates of political parties such as National Unity Party, Union Pa-O National Organization, Shan State Kokang Democratic Party, Mro (or) Khami National Solidarity Organization, Lahu National Development Party, Union Kayin League, Kokang Democracy and Unity Party and Wa National Development Party, representatives- elect of National Unity Party and Mro (or) Khami National Solidarity Organization, independent representatives, delegates of national races from Kachin, Kayah, Kayin, Chin, Mon, Rakhine, Shan (South), Shan (North) and Shan (East) States, Sagaing, Taninthayi, Bago, Magway, Mandalay, Yangon and Ayeyawady Regions, delegates of peasants from Kachin, Kayah, Kayin, Chin, Mon, Rakhine, Shan (South), Shan (North) and Shan (East) States, Sagaing, Taninthayi, Bago, Magway, Mandalay, Yangon and Ayeyawady Regions, delegates of workers from Kachin, Kayah, Kayin, Chin, Mon, Rakhine, Shan (South), Shan (North) and Shan (East) States, Sagaing, Taninthayi, Bago, Magway, Mandalay, Yangon and Ayeyawady Regions, delegates of intellectuals and intelligentsia, delegates of State Service Personnel from the State Peace and Development Council Office, the President Office, the Pyithu Hluttaw Office, the Government Office, the Supreme Court, the Attorney-General’s Office, the Auditor-General’s Office, the Multi-party Democracy General Election Commission Office, the Civil Service Selection and Training Board, the Yangon City Development Committee, the Mandalay City Development Committee and the State service personnel of the respective ministries, other invited delegates, delegates from Shan State (North) Special Region-1, Shan State (North) Special Region-2, Shan State (North) Special Region-3, Shan State (East) Special Region-4, Shan State (North) Special Region-5, Shan State (South) Special Region-6, Kachin State Special Region-1, Kachin State Special Region-2, Kayah State Special Region-1, Kayah State Special Region-2, Kayah State Special Region-3, Kayinni National Democratic Party (KNDP) (Dragon) Group, Kayinni National Progressive Party (KNPP) Breakaway (Hoya), Kayinni National Unity and Solidarity Organization (Ka Ma Sa Nya), Democratic Kayin Buddhist Organization (DKBA) and Haungthayaw Special Region Group who have returned to the legal fold, Nyeinchanyay Myothit Group from Hpa-an Township of Kayin State, Burma Communist Party (Rakhine Group), Arakan Army (AA), Homein Region Development and Welfare Group, Shwepyiaye (MTA), Manpan People’s Militia Group, Mon Peace Group (Chaungchi Region) and Mon (Breakaway) Nai Seik Chan Group that had exchanged arms for peace.

At 7.30 am, before the plenary session of the National Convention, Chairman of National Convention Convening Commission and members, Chairman of National Convention Convening Work Committee Chief Justice U Aung Toe and members, Chairman of National Convention Convening Management Committee Auditor General Maj-Gen Lun Maung and members, chairmen of the respective subcommittees and members, delegates of political parties, representative select, delegates of national races, delegates of peasants, delegates of intellectuals and intelligentsia, delegates of workers, delegates of service personnel and other invited delegates signed in the attendance books at Pyidaungsu Hall and the recreation hall for National Convention delegates.

At the plenary session, U Tin Kha of Delegate Group of State Service Personnel presided over the meeting as an alternate chairman together with U Myo Thant (Maung Su Shin) of NCC Work Committee, U Saw Philip (a) U Philip Sam of Delegate Group of Political Parties, U Maung Gyi of Delegate Group of Representatives-Elect, U Maung Hla (a) U Hla Myint of Delegate Group of National Races, U Kan Nyunt of Delegate Group of Peasants, U Kyaw Win Tun of Delegate Group of Workers, Dr Maung Maung Wint of Delegate Group of Intellectuals and Intelligentsia and Dr Ma Nan Tu Ja of Delegate Group of Other Invited Persons as members of panel of chairmen.

Director U Than Aung of the NCC Work Committee Office acted as MC and Deputy Director U Aung Kyi as co-MC. The MC declared the start of the meeting with the permission of the alternate chairman as 1057 out of 1071 delegates were in attendance, accounting for 98.69 per cent.

The panel of alternate chairmen presented collections of suggestions made by the respective delegate groups on laying down detailed basic principles for the chapters “Amendment of the Constitution”, “State Flag, State Seal, National Anthem and the Capital”, “Transitory Provisions” and “General Provisions” to be included in the State Constitution. First, U Tin Kha of Delegate Group of State Service Personnel read out the collection of proposals for the chapter “Amendment of the Constitution”.

The following is the collection of suggestions made by NC delegates on the Chapters “Amendment of the Constitution” and “State Flag, State Seal, National Anthem and the Capital” submitted to the Plenary Session of the National Convention held at the Pyidaungsu Hall of Nyaunghnapin Camp in Hmawby Township today.

The chairman and members of the National Convention Convening Commission, the chairman and members of the National Convention Convening Work Committee, the chairman and members of the National Convention Convening Management Committee, and NC delegates, may you be blessed with physical and mental well-being and auspiciousness.

Esteemed NC delegates,

The Work Committee chairman’s clarification to the detailed basic principles on the chapters “Amendment of the Constitution”, “State Flag, State Seal, National Anthem and the Capital”, “Transitory Provisions” and “General Provisions” to be included in the State constitution were read out at the NC plenary sessions held on 10 and 13 November 2006.

At the plenary sessions held between 21 and 29 December 2006, the delegate groups submitted 18 proposal papers in total as follows:

(a) Delegate Group of Political Parties 8 papers

(b) Delegate Group of Representatives-elect 4 papers

(c) Delegate Group of National Races 1 paper

(d) Delegate Group of Peasants 1 paper

(e) Delegate Group of Workers 1 paper

(f) Delegate Group of Intellectuals and Intelligentsia 1 paper

(g) Delegate Group of State Service Personnel 1 paper

(h) Delegate Group of Other Invited Persons 1 paper

The delegate groups and NC delegates have read out these proposals at the NC plenary sessions. Now, I will present the NC panel of chairmen’s collection of these proposals as a whole.

Esteemed NC delegates,

At the NC plenary session held on 10 November 2006, the Work Committee chairman regarding the Chapter ‘Amendment of the Constitution’ said, “The nation after adopting and promulgating the Constitution will have to make amendments as necessary depending on time and situation. When the amendments of the Constitutions of some nations are studied, there are two ways to amend a Constitution. The first method is to hold a referendum to make an amendment of some provisions of the Constitution after 75 per cent of all the MPs or two-thirds of the MPs have made a prior approval to amend them. The second method is to amend some provisions of the Constitution with the approval of 75 per cent of all MPs or two-thirds of the MPs. The Amendment of the Constitution has been prescribed in the Constitution as a separate Chapter. In the Union of Myanmar also, the topic has been provided as a separate Chapter in both the 1947 Constitution and the 1974 Constitution.

Then, the Work Committee chairman said, “Based on the study and appraisals, a collection of detailed basic principles that should be laid down for the Chapter Amendment of the Constitution is presented as follows:

1. If there is wish to amend anyone of the provisions of this Constitution, the following methods shall be applied:

(a) The proposal to amend the Constitution shall be submitted in the form of a Bill.

(b) A Bill to amend the Constitution shall contain no other proposals.

2. Such Bill to amend the Constitution shall be initiated in the Pyidaungsu Hluttaw.

3. 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.

4. (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 nation-wide 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.

Esteemed National Convention delegates,

Regarding the Work Committee chairman’s clarification, the National Unity Party said, “The Work Committee chairman after studying in detail the constitutions of some would nations, the 1947 constitution, and the 1974 constitution of Myanmar explained the detailed basic principles concerning the chapters “Amendment of the Constitution”, “State Flag, State Seal, National Anthem, and the Capital”, “Transitory Provisions”, and “General Provisions” within the framework of the objectives of the National Convention and the fundamental principles adopted by the constitution.

“Hence, the detailed basic principles are suitable to be adopted.”, we would like to suggest to adopt the said detailed basic principle.

The Pa-O National Organization said, “The Work Committee chairman made a complete clarification to the ways of making amendments to the State constitution referring the 1947 constitution and the 1974 constitution.

So, I suggest that the four points proposed for the detailed basic principles for the Chapter “Amendment of the Constitution” be adopted.”

The Shan Kokang Democratic Party said, “Regarding the Chapter “Amendment of the Constitution”, we found all the points the Work Committee chairman has explained except sub-paragraphs (a), (b) and (c) of Para (4) appropriate, so these points should be adopted.

It also made a separate suggestion, “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 accordance 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 representative 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 Legislative, 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.”

The Mro or Khami National Solidarity Organization said, “Regarding the principles proposed for the Chapter “Amendment of the Constitution” to be included in the State constitution, the four points the Work Committee chairman has explained are appropriate, so that should be adopted as detailed basic principles.”

The Lahu National Development Party said, “The four points the Work Committee chairman has explained regarding the Chapter “Amendment of the Constitution” should be adopted as detailed basic principles.”

The Union Kayin League said, “The four points the Work Committee chairman has explained are complete, so they should be adopted as detailed basic principles.”

The Kokang Democracy and Unity Party said, “We have studied the Work committee chairman’s explanations concerning the Chapter “Amendment of the Constitution”. The explanations include all the fundamental requirements to amend the Constitution such as the means and procedures to amend the Constitution. Hence, all the points explained by the Work Committee chairman should be adopted as detailed basic principles.”

The Wa National Development Party said, “The four points the Work Committee chairman clarified for the Chapter “Amendment of the Constitution” are appropriate, and they should be adopted as detailed basic principles.

Esteemed National Convention delegates,

The Delegate Group of Representatives-Elect said, “Of the four presented proposals, the political parties from the Delegate Group of Political Parties have assessed the presentations of the representatives of the National Unity Party and Mro or Khami National Solidarity Organization. And the discussions of respective representatives are the same as they have done.

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) said, “Regarding the detailed basic principles for the Chapter “Amendment of the Constitution” to be included in the State constitution, the four points the Work Committee chairman has explained are suitable and they should be adopted as detailed basic principles.”

Six 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) in their discussions supported the Work Committee chairman’s explanation about the four points on the Chapter “Amendment of the Constitution” to be included in the State constitution.

As a separate suggestion, they said, “A constitution will become practical only after ten years of existence. As the term of the Pyidaungsu Hluttaw is five years, two terms will be ten years.

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

“Other than the provisions stipulated in the Chapter “the State”, the provisions of other chapters shall not be amended until the end of the second term of the Pyidaungsu Hluttaw.

“When the third Pyithu Hluttaw election is held after the end of the second term of the Pyidaungsu Hluttaw, the people will have experiences concerning the election for three times. We assume that at that time the people may have understood the democracy norms and ideas to a certain degree. The people who are farmers, workers, servicemen etc. may become persons possessing enough political knowledge as they have studied politics or the national affairs with keen interest. The Pyidaungsu Hluttaw members elected by such people will be the right persons at the rightful position who have pragmatic ideas and required qualifications.

“Instead of holding a nationwide referendum, that will be a financial and an administrative burden on the nation, the following detailed basic principle should be adopted in making constitutional provisions.

“If there arises the wish to amend the constitutional provisions beginning from the end of the third term of the Pyidaungsu Hluttaw, the provisions of the chapters, other than the provisions of the Chapter on the State, shall be amended with the votes of two-thirds of the members of the Pyidaungsu Hluttaw.”

The Delegate Group of National Races said, “We Delegate Group of National Races agree that because of the inclusion of the following points, the detailed basic principles explained by the Work Committee chairman for the chapter should be adopted.

(a) A Bill to amend the Constitution shall contain no other proposals.

(b) Such Bill to amend the Constitution shall be initiated in the Pyidaungsu Hluttaw which comprises the Pyithu Hluttaw and the Amyotha Hluttaw.

(c) The Pyidaungsu Hluttaw shall accept the Bill to amend the Constitution for consideration, if 20 per cent of all the Pyidaungsu Hluttaw members submit.

(d) 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. 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.

As a separate suggestion, it said, “We would like to make a separate suggestion concerning the para 3 explained by the Work Committee chairman as follows:

The Pyidaungsu Hluttaw will have to make constitutional amendments as and when necessary because of the globalization process or advancing time and situation. We are glad to know the inclusion of the expression “if 20 per cent of all the Pyidaungsu Hluttaw members submit it” in the para 3 as it ensures democracy rights for the minority. The Pyidaungsu Hluttaw after accepting and discussing the Bill will make a decision with majority votes to amend or annul the respective articles in accord with the prescriptions. It will not be proper if 20 per cent of the Pyidaungsu Hluttaw members submit the same amended or rejected Bill to the Pyidaungsu Hluttaw again. We believe that submitting a proposal to amend anyone of the provisions of an enduring State constitution is not appropriate. In our assumption there should be a prescribed time limit to re-submit the Bill whether it is approved or rejected. As the Bill to make constitutional amendments should not be re-submitted during the appropriate time of the Pyidaungsu Hluttaw term although there are 20 per cent of all the Pyidaungsu Hluttaw members to submit it, the matter should be take into consideration in enacting parliamentary laws and rules.”

The Delegate Group of Peasants said, “We the delegate group of peasants agree that the four detailed basic principles concerning the Chapter “Amendment of the Constitution”, the five detailed basic principles in connection with the Chapter “State Flag, State Seal, National Anthem and the Capital”, the eight detailed basic principles regarding the Chapter “Transitory Provisions” and the 26 detailed basic principles in connection with the Chapter “General Provisions” should be adopted.”

The Delegate Group of Workers said, “The four points the Work Committee chairman has explained for the Chapter “Amendment of the Constitution” should be adopted as detailed basic principles.”

The Delegate Group of Intellectuals and Intelligentsia said, “The paras from No 1 to No 4 the Work Committee chairman has proposed for the Chapter “Amendment of the Constitution” should be adopted as detailed basic principles.”

The Delegate Group of State Service Personnel said, “The collection of paras from No 1 to No 4 for the Chapter “Amendment of the Constitution” to be included in the State constitution should be adopted as detailed basic principles.”

Esteemed National Convention delegates,

The Delegate Group of Other Invited Persons expressed its support for the four points the Work Committee chairman has presented regarding the Chapter “Amendment of the Constitution” to be included in the State constitution.

Next, Dr Manan Tu Ja of Delegate Group of Other Invited Persons presented the collection of proposals for the chapter “State Flag, State Seal, National Anthem and the Capital”.

The plenary session took a break at 9.50 am. When the plenary session resumed at 10.05 am, U Myo Thant (Maung Su Shin) of NCC Work Committee continued to present the collection of proposals for the chapter “State Flag, State Seal, National Anthem and the Capital”.

At the plenary session of the National Convention held on 10 November 2006, the Chairman of the National Convention Convening Work Committee made a clarification of the chapter — State Flag, State Seal, National Anthem and the Capital as follows:

“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.

“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.

“As all the national races are living through thick or thin and in unity, a big white star in an upward position representing the Union should be portrayed in the State Flag.

“The Union of Myanmar has been striving to develop her economy, with agriculture as the base. 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. In some countries, yellow is a royal colour representing the glory. Moreover, red, which means valour and decisiveness, should also be portrayed.

“Hence, discussions are to be held and suggestions to be made whether the following detailed basic principles should be laid down or not:

“(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.”

“Stipulation of the State Seal is prescribed in the constitutions of some nations. In the constitutions of some nations, the stipulation of the State Seal is not included in the provisions, instead, their constitutions prescribe that the State Seal should be prescribed with a law enacted by the legislative assembly. But 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.

“Hence discussions are to be held and suggestions to be made whether the following detailed basic principle should be adopted with the picture of the State Seal under it.

“The State Seal shall be as shown below.”

“Presentation will be made on the detailed basic principle that should be adopted to prescribe the National Anthem.

“The 1947 Constitution had no provision concerning the National Anthem. The 1974 Constitution prescribed, “The Pyithu Hluttaw shall prescribe the National Anthem. Until a new National Anthem is prescribed, the present National Anthem shall be used.”

“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. Some countries mention the year and suggestion is made to prescribe the National Anthem before the said year, some prescribe the National Anthem stating the specified order or the specified decree, and some prescribe the Anthem stating the first phrase of a song. Constitutions of some nations state that the legislative assembly should enact a law to prescribe the National Anthem

“The verses of the song we have used for many years are in conformity with the fundamental principles the National Convention has adopted.

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

“The 1947 Constitution had no provision concerning the designation of the capital. But the 1974 Constitution prescribed, “The capital of the Republic is Rangoon.”

“Constitutions of some nations state the name of the capital, but some do not mention it.

“The capitals of most of the nations are located at the centre of the country. Every country designates the city that is the seat of the government as the capital. Mostly, a city located in a place that is lying in the nation’s hub and that is easy to access is prescribed as the capital.

“Hence, discussions are to be held and suggestions to be made whether the following detailed basic principle should be laid down or not.

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

“Based on my study and assessment, I will now present the detailed basic principles concerning the chapter — State Flag, State Seal, National Anthem and the Capital as follows:

“(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.”

(3) “The State Seal shall be as shown below.”

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

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

National Convention delegates,

The National Unity Party of the eight political parties of the Delegate Group of Political Parties said, “Every independent and sovereign nation has its own State Flag, State Seal, National Anthem and Capital.

Hence the detailed basic principles of the chapter explained by the Work Committee Chairman should be adopted.

The Union Pa-O National Organization agreed to adopt all the points of the chapter — State Flag, State Seal, National Anthem and Capital as detailed basic principles. Shan State Kokang Democratic Party said, “We have no further discussions or suggestions concerning the chapter — State Flag, State Seal, National Anthem and Capital as the clarifications made by the Work Committee Chairman are realistic and comprehensive in wordings and from the historical point of view. The points — “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.

Mro or Khami National Solidarity Organization said, “The Work Committee Chairman’s clarifications concerning the future State Flag are in accord with the future Constitution and the nation’s natural conditions. As we have no further discussions as regards the chapter, we agree to adopt all the points.

Lahu National Development Party expressed support to adopt the points concerning the chapter — State Flag, State Seal, National Anthem and Capital.

Union Kayin League agreed that the State Flag explained by the Work Committee Chairman is suitable to the task of developing and modernizing the Union of Myanmar.

“The State Seal explained by the Work Committee Chairman is appropriate to be adopted.

“The verses used for a long time are in accord with the fundamental principles adopted by the National Convention. Hence the point — The present National Anthem shall be prescribed as the National Anthem — should be adopted.

The point — The capital of the State is Nay Pyi Taw — explained by the Work Committee Chairman should also be adopted.

Kokang Unity and Democracy Party said that as the clarifications made by the Work Committee Chairman are appropriate, the points in connection with the chapter — State Flag, State Seal, National Anthem and the Capital — should be adopted.

Wa National Development Party said. “The two compilations concerning the State Flag should be adopted as detailed basic principles. The State Seal reflects the nation’s history and culture and customs of her people.

"Our nation has used the present National Anthem for more than half a century. One of the objectives of the National Convention of the State says "Further burgeoning of the noblest and worthiest of worldly values of such as justice, liberty and equality". The State's objectives cover no disintegration of the Union, non-disintegration national solidarity and perpetuation of sovereignty.

"Regarding the laying down the detailed basic principle for the designation of the capital of the Union of Myanmar, the point "The capital of the State is Nay Pyi Taw" the Work Committee Chairman has explained should be adopted as a detailed basic principle as Nay Pyi Taw is located in the hub of the nation and the seat of government and where transport is smooth. We have no further suggestions on the point concerning the matter, it should be adopted.

National Convention delegates,

Of the four papers presented by representatives-elect group, the papers presented by the representative of NUP and the representative of Mro or Khami National Solidarity Organization are the same as the papers presented by the respective parties.

Independent representatives-elect Dr Hmu Htan of Thantlang Township Constituency in Chin State, U Aung Thein of Ywangan Township Constituency in Shan State (South) and U Tun Kyaw of Namhsan Township Constituency in Shan State (North) said, "The points explained by the Work Committee Chairman in connection with the chapter “State Flag, State Seal, National Anthem and Capital' are suitable to be adopted."

They also gave the following separate suggestions:

“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 was designated as the Capital in accord with the said fundamental principles and detailed basic principles, there may 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 Region, and no detailed basic principle concerning Nay Pyi Taw has been laid down or adopted yet.

“We are confused as to when and how a Union territory under the direct administration of the President concerning Nay Pyi Taw, its boundary and its administration will be designated. We are unable to know whether they will be designated at the on-going 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 subpara (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.”

Independent 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 discussed in support of the clarifications made by the Work Committee Chairman in connection with the chapter “State Flag, State Seal, National Anthem and Capital”.

They also gave the following separate suggestions: “The following facts should be put into consideration in choosing the shape and design of the State Flag.

“(a) to express the significant characters of the nation

“(b) not to be mistaken by or be similar to State Flags of other nations

“(c) to be clear and simple enough for even the primarily students to easily understand its essence and draw a picture of it. (this will help vitalize the patriotism of students since childhood days).

“(d) to be easy to make duplicates or drawings of various sizes of the State Flag.

The three colours — green, yellow and red — were included in the three-colours Daung 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 top point 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 pondering whether to adopt the detailed basic principle “The Capital of the State is Nay Pyi Taw.” or not, we would like to suggest to lay down the following detailed basic principle concerning the matter.

“The Capital of the State is Nay Pyi Taw as it

— is located in a place where transport with various parts of the nation is excellent

— has adequate number of buildings, sound transport and information network and easy interconnections between government institutions that are the characteristics of a Capital

— ensures facilitation in the connections between the institutions that will exercise the three organs of power of the State

— is free from inadequate electricity and potable water supply, traffic congestion and other kinds of confusion that are common in all economic hubs because of the high population density.

“Now, I will present a weighty fact. The detailed basic principle “Yangon City, that is the Capital of the Union, 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.

National Convention delegates,

The Delegate Group of National Races said, “We are in support of adopting the para 1 and 2 as explained by the Work Committee Chairman and the points concerning the chapters — State Seal, National Anthem and the Capital.

Now, we will present a separate suggestion No 1 concerning the para 2. We have studied 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. We would like to suggest that if such law is enacted it should include the shape and measurement of the State Flag.”

Explanation ó to know and observe the shape and measurements of the State Flag, the measurements of the green, yellow and red stripes marked in a proportionate ratio, the location of the white star, and the measurement of the top point of the white star directing upwards.

Suggestion No 2:

We would like to suggest that the para 1 which prescribes “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 stated as follows.

“The Flag is marked with green, yellow and red stripes in a proportionate ratio. On the left end of the Flag is a large white star directing upwards and touching all the green, yellow and red stripes.”

We present the suggestion with the following aims.

(a) to impressively and vividly portray the white star representing the Union

(b) to magnify the power of the white star that was the symbol of the successive revolutions

(c) to highlight mutual relations between the colours green, yellow and red that have their own meanings

(d) for the white star to be ever obvious in whatever position the Flag is hoisted

— 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.

National Convention delegates,

The Delegate Group of Peasants agreed to adopt the four points of the chapter — Amendment, the five points of the chapter — State Flag, State Seal, National Anthem and the Capital; eight points of the chapter — Transitory Provisions and the 26 points of the chapter — Emergency Provision.

National Convention delegates,

The Delegate Group of Workers expressed unanimous support for the points explained by the Work Committee Chairman concerning the chapter “State Flag, State Seal, National Anthem and the Capital”. The group agreed to adopt the said points.

The Delegate Group of Intellectuals and Intelligentsia said that its members compared the designs of the proposed State Flag with others of the world nations and some members drew a new design.

They discussed the green, yellow and red stripes and the place of the white Star of the new flag. They drew a conclusion that the Flag with three equal stripes having the colours green, yellow and red has profound essence.

Concerning the State Seal, artists, historians and craftsmen discussed from the modern view point the clarifications made by the Work Committee Chairman.

The group discussed in support of the clarifications in connection with the chapter — State Flag, State Seal, National Anthem and the Capital.

National Convention delegates,

The Delegate Group of State Service Personnel said that the detailed basic principles as regards the chapter “State Flag, State Seal, National Anthem and the Capital” should be laid down in accord with the clarifications made by the Work Committee Chairman.

The Delegate Group of Other Invited Persons said that the points explained by the Work Committee Chairman should be adopted as detailed basic principles for the chapter — State Flag, State Seal, National Anthem and he Capital.

Afterwards, U Saw Philip (a) U Philip Sam of Delegate Group of Political Parties and U Maung Gyi of Delegate Group of Representatives-Elect presented the collection of proposals for the chapter “Transitory Provisions”.

The plenary session took a break at 11.05 am. When the Plenary Session resumed at 11.20 am, U Maung Hla (a) U Hla Myint of Delegate Group of National Races and U Kan Nyunt of Delegate Group of Peasants presented the collection of proposals for the chapter “General Provisions”.

The Plenary Session of the National Convention was adjourned at 12 noon.

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