Every independent and sovereign nation has its own specific State Flag, State Seal, National Anthem and the Capital

Yangon, 10 Nov - The following is the presentation made at the Plenary Session of the National Convention held in Nyaunghnapin Camp, Hmawby Township, Yangon Division, today, by Vice-Chairman of National Convention Convening Work Committee Attorney-General U Aye Maung on clarification made by NCCWC Chairman on laying down detailed basic principles for the Chapter "State Flag, State Seal, National Anthem and the Capital" to be included in drafting the State Constitution.

Mr Chairman and delegates,

Clarification will be made on the detailed basic principles to be adopted for the Chapter "State Flag, State Seal, National Anthem and the Capital" to be included in formulating the Constitution.

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 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.

As regards the State Flag, the section 215 of the 1947 Constitution prescribed, "The National Flag shall be rectangular in shape and red in colour with a canton of dark blue. In the canton shall be a five-pointed large white star with five smaller stars between the points. One of the five points of each star, large or small, shall direct upwards. The dimensions of the Flag shall be nine feet by five feet, and the canton shall be four feet by two and a half feet. The size of the large star shall be such that a circle drawn through the five points shall have a diameter of 18 inches and the smaller stars nine inches. National Flag of other sizes shall conform as nearly as possible to the above proportions."

Unlike the 1947 Constitution, the Article 190 of the 1974 Constitution prescribed, "The State Flag shall be as shown below" together with the picture of the State Flag.

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

Mr Chairman,

As the national races have been living in the Union of Myanmar in weal or woe and in love and unity since time immemorial, the National Convention has adopted the fundamental principles "The Union is constituted by Pyidaungsu (Union) systems" and "no part of the territory of the Union, namely, Regions, States and Self-Administered areas etc, shall ever secede from the Union." 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.

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.

Mr Chairman,

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.

Hence, discussions are to be held and sugesstions 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."

Mr Chairman,

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.

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

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

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

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."

Mr Chairman,

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 the nation wrote the 1974 Constitution, up to 150 songs were scrutinized with the help of musicians to prescribe a new National Anthem. But the great majority of the people loved and accepted the present National Anthem. They had no wish to accept anyone of the new anthems. Hence, 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 in 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 present Anthem has been used for over half a century. One of the fundamental principles adopted by the National Convention is "further burgeoning of the noblest and worthiest of worldly values such as justice, liberty and equality". The present National Anthem also depicts the sincere policy - justice, freedom and equality.

Objectives of the National Convention include the adopted fundamental principles - non-disintegration of the Union; non-disintegration of national solidarity; perpetuity of sovereignty. Other fundamental principles "the Union is constituted by Pyidaungsu (Union) systems" and "no part of the territory of the Union, namely regions, states and self-administered areas etc., shall ever secede from the Union" have already been adopted. The present National Anthem depicts the task of safeguarding the Union that we have inherited from our forefathers, at the risk of our lives, and serving the interest of the Union in harmony and unison.

The verses of the song we have used for many years are in conformity with the fundamental principles the National Convention has adopted. Hence, discussions are to be held and suggestions to be made whether the following detailed basic principle should be adopted or not.

"The present National Anthem shall be prescribed as the National Anthem."

Mr Chairman,

Presentation will be made on the detailed basic principle concerning the designation of the nation's capital.

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 access is prescribed as the capital.

The government has already built the capital "Nay Pyi Taw", in the region located in the central part of the country to further enhance national unity and facilitate transport with all the states and divisions. Now all the government institutions are carrying out their normal functions at their head offices set up in Nay Pyi Taw. Hence, Nay Pyi Taw where all the government institutions have established headquarters, should be prescribed as the nation's 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."