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Yangon, 10 Nov - Chairman of the National Convention Convening Work
Committee Chief Justice U Aung Toe, and the Vice-Chairman read out the
clarification on laying down the detailed basic principles for Chapters
"Amendment of the Constitution" and "State Flag, State Seal,
National Anthem and the Capital" in drafting the State Constitution at
the Plenary Session of the National Convention which continued at Pyidaungsu
Hall of Nyaunghnapin Camp in Hmawby Township, Yangon Division, at 8.30 am
today.
Present on the occasion were Chairman of the National Convention
Convening Commission Secretary-1 of the State Peace and Development Council
Lt-Gen Thein Sein and Commission members, Chairman of the National Convention
Convening Work Committee Chief Justice U Aung Toe and Work Committee members,
Chairman of the National Convention Convening Management Committee
Auditor-General Maj-Gen Lun Maung and Management Committee members, chairmen
and officials of subcommittees, delegates of political parties 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-elect,
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 Divisions, 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 Divisions, delegates of intellectuals and intelligentsia, 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 Divisions, 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 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) (Hoya), Kayinni National Unity and Solidarity Organization (Ka Ma Sa
Nya), Democratic Kayin Buddhist Organization (DKBA) and Haungthayaw Special
Region Group, Nyeinchanyay Myothit Group from Hpa-an Township of Kayin State,
Burma Communist Party (Rakhine State Group), Arakan Army (AA), Homein Region
Development and Welfare Group, Shwepyiaye (MTA) Group, Manpan People’s
Militia Group, Mon Peace Group (Chaungchi Region) and Mon Nai Seik Chan Group
that had exchanged arms for peace.
Before the Plenary Session of the National Convention, Chairman of the
NCCC Secretary-1 Lt-Gen Thein Sein and Commission members, Chairman of the
NCCWC Chief Justice U Aung Toe and Work Committee members, Chairman of the
NCCMC Auditor-General Maj-Gen Lun Maung and Management Committee members,
chairmen and officials of the subcommittees, delegates of political parties,
representatives-elect, delegates of the National Races, Peasants, Workers,
Intellectuals and Intelligentsia, State Service Personnel, and Other Invited
Persons, signed attendance books at Pyidaungsu Hall and the recreation hall.
NCCC Chairman Secretary-1 Lt-Gen Thein Sein presided over the Plenary
Session of National Convention and Secretary of NCCC Minister for Information
Brig-Gen Kyaw Hsan acted as Master of Ceremonies.
The MC declared the start of meeting as 1,071 out of 1,080 delegates
were in attendance, accounting for 99.17 per cent, and the plenary session
commenced with the permission of the meeting chairman.
First, NCCWC Chairman Chief Justice U Aung Toe clarified matters on
laying down detailed basic principles for the Chapter "Amendment of the
Constitution" in drafting the State Constitution.
(Clarification made by NCCWC Chairman Chief Justice U Aung Toe is
reported separately.)
Next, NCCWC Vice-Chairman Attorney-General U Aye Maung presented
clarification made by NCCWC Chairman on laying down detailed basic principles
for the Chapter "State Flag, State Seal, National Anthem and the
Capital" in drafting the State Constitution. The Plenary Session went
into recess at 9:05 am.
(Presentation made by NCCWC Vice-Chairman Attorney-General U Aye Maung
is reported separately.)
The Plenary Session will continue on 13 November (Monday) at 9 am.
The nation after adopting and promulgating
the Constitution will have to make amendments as necessary depending on time
and situation
Yangon, 10 Nov- The following is the clarification made at the Plenary
Session of the National Convention held in Nyaunghnapin Camp, Hmawby Township,
Yangon Division, today, by Chairman of National Convention Convening Work
Committee Chief Justice U Aung Toe on laying down detailed basic principles
for the Chapter "Amendment of the Constitution" to be included in
drafting the State Constitution.
Mr Chairman and delegates,
The Chapter "Amendment of the Constitution" to be included in
formulating the Constitution will be explained.
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 three-fourths 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 three-fourths 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.
Mr Chairman,
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.
As regards the matter, the section 208 of the 1947 Constitution
prescribed as follows:
(1)
Every proposal for an amendment of this Constitution shall be in the
form of a Bill and shall be expressed as a Bill to amend the Constitution.
(2)
A Bill containing a proposal or proposals for the amendment of the
Constitution shall contain no other proposals.
(3)
The delegates will have to discuss and give suggestions whether the
following detailed basic principle should be laid down or not:
"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."
Mr Chairman,
It has already been explained in the above paragraph that the proposal
to amend the Constitution shall be submitted in the form of a Bill. But the
question is "Which of the two Hluttaws should initiate the Bill?"
This should be stated exactly. The 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.
(e)
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.
Hence, the delegates will have to discuss and give suggestions whether
the following detailed basic principle should be laid down or not.
"Such Bill to amend the Constitution may be initiated in the
Pyidaungsu Hluttaw."
Mr Chairman,
It has already been explained that the Bill which seeks to amend the
Constitution may be initiated in the Pyidaungsu Hluttaw. 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.
As regards the matter, the section 209 (2) of the 1947 Constitution
prescribed, "After it has been passed by each of the Chambers of
Parliament, the Bill shall be considered by both Chambers in joint sitting.
According to the said constitution, the Bill can be initiated in either
Chamber of Parliament. It means that the Chamber that initiates the Bill will
have to pass it to be discussed at a joint sitting. According to the
above-mentioned point it has already been explained clearly that, the Bill can
be submitted only to the Pyidaungsu Hluttaw. The Pyidaungsu Hluttaw should
consider discussing the Bill only if 20 per cent of all the members of the
Pyidaungsu Hluttaw submit it.
In this regard, the delegates will have to discuss and give suggestions
whether the following detailed basic principle should be laid down:
"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."
Mr Chairman,
It has already been explained the methods to submit the Bill to amend
the Constitution. Now, the specific methods to amend the specific provisions
of the Constitution will be explained. In the Constitutions of some nations,
it is prescribed that the main provisions can be amended after seeking the
public approval at a nation-wide referendum, and that some provisions can be
amended only with the approval of the members of the Chamber concerned. In
other nations, some provisions can be amended with the proportionate ratio of
the votes of all the MPs.
The 1947 Constitution of Myanmar prescribed, "The Bill shall be
deemed to have been passed by both Chambers in joint sitting only when not
less than two-thirds of the then members of both Chambers have voted in its
favour." The 1974 Constitution prescribed the amendment of the
Constitution in a separate Chapter, which said, "The main articles shall
be amended with the prior approval of 75 per cent of all the members of the
Pyithu Hluttaw, in a nation-wide 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. 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. At present, the
situation is not ripe yet to state the amendment of the provisions chapter by
chapter and article by article as we are only at the stage of adopting
detailed basic principles.
In laying down the detailed basic principles, specific methods for
specific chapters should be designated based on the chapters that have been
adopted. It is opined that , only at the stage of drafting 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.
Hence, discussions are to be held and suggestions to be made whether the
following basic principle should be laid down or not:
"(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 drafting the Constitution."
Mr Chairman,
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.
Mr Chairman and delegates,
The delegates are requested again to consider whether the collection of
detail basic principles that have been presented should be adopted or not.
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."
