B-017: THE ALDURIAN FLAG AND HERALDIC ACT, 1675

[Speaker Rejo]

THE ALDURIAN FLAG AND HERALDIC ACT, 1675
An Act prescribing the national flag, national anthem, motto, and other heraldic devices of the Republic.

BE IT ENACTED by the duly elected Parliament of the Republic of Alduria assembled, -

Article 1. Citation.

1. This Act shall be officially cited as the Aldurian Flag and Heraldic Act, 1675.
   
2. This Act shall apply to the entirety of the Republic of Alduria.
   

Article 2. The Flag of the Republic

1. The flag of the Republic shall be red, gold, and blue, as consecrated and honored by the people.
   
2. The flag shall be displayed in all public buildings, official residences, public plazas, border crossings, airports and seaports and institutions of learning every day throughout the year. In all public buildings, government buildings, areas of national interest and official residences, the flag shall be properly illuminated at night.
   
3. The flag shall be flown on merchant ships of Aldurian registry of more than one thousand (1000) gross tons and on all naval vessels. On board naval vessels, the flag shall be displayed on the flag-staff at the stern when the ship is at anchor. The flag shall be hoisted to the gaff at the aftermast when the ship is at sea.
   
4. When displayed with another flag, the Aldurian flag shall be on the right of the other flag. If there is a line of other flags, the Aldurian flag shall be in the middle of the line. When carried in a parade with flags which are not national flags, the Aldurian flag shall be in front of the center of the line.
   
5. When the Aldurian flag is flown with another flag, the flags, if both are national flags, must be flown on separate staffs of the same height and shall be of equal size. The Aldurian flag shall be hoisted first and lowered last.
   If the other flag is not a national flag, it may be flown in the same lineyard as the Aldurian flag but below the latter and it cannot be of greater size than the Aldurian flag
   
6.  The flag shall be raised at sunrise and lowered at sunset. It shall be on the mast at the start of official office hours, shall remain flying throughout the day.
   
7. The flag may be displayed:
   a) Inside or outside a building or on stationary flagpoles. If the flag is displayed indoors on a flagpole, it shall be placed at the left of the observer as one enters the room;
   b) From the top of a flagpole, which shall be at a prominent place or a commanding position in relation to the surrounding buildings;
   c) From a staff projecting upward from the window sill, canopy, balcony or facade of a building;
   d) In a suspended position from a rope extending from a building to pole erected away from the building;
   e) Flat against the wall vertically with the sun and stars on top; and
   f) Hanging in a vertical position across a street, with the blue field pointing east, if the road is heading south or north, or pointing north if the road is heading east or west.
   The flag shall not be raised when the weather is inclement. If already raised, the flag shall be lowered immediately.
   
8. The flag shall be hoisted to the top briskly and lowered ceremoniously. The flag shall never touch anything beneath it, such as the ground, flood, water or other objects. After being lowered, the flag shall be handled and folded solemnly as part of the ceremony.
   
9. A flag worn out through wear and tear, shall not be thrown away. It shall be solemnly burned to avoid misuse or desecration, or if vested with significant historical importance, donated to a shrine or museum. The flag shall be replaced immediately when it begins to show signs of wear and tear.
   
10. All government offices and educational institutions shall henceforth observe the flag-raising ceremony every morning at the beginning of the week and the flag lowering ceremony every afternoon at the end of the week. The ceremony shall be simple and dignified and shall include the playing or singing of the Aldurian National Anthem.
    
11. The Office of the President shall issue rules and regulations for the proper conduct of the flag ceremony.
    
12. The observance of the flag ceremony in official or civic gatherings shall be simple and dignified and shall include the playing or singing of the anthem in its original lyrics and tempo.
    
13. During the flag-raising ceremony, the assembly shall stand in formation facing the flag. At the moment the first note of the anthem is heard, everyone in the premises shall come to attention; moving vehicles shall stop. All persons present shall place their right palms over their chests, those with hats shall uncover; while those in military, scouting, security guard, and citizens military training uniforms shall give the salute prescribed by their regulations, which salute shall be completed upon the last note of the anthem. The assembly shall sing the national anthem, accompanied by a band, if available, and at the first note, the flag shall be raised briskly. The same procedure shall be observed when the flag is passing in review or in parade.
    
14. During the flag lowering, the flag shall be lowered solemnly and slowly so that the flag shall be down the mast at the sound of the last note of the anthem. Those in the assembly shall observe the same deportment or shall observe the same behavior as for the flag-raising ceremony.
    
15. The flag shall be flown at half-mast as a sign of mourning on all the buildings and places where it is displayed, as provided for in this Act, on the day of official announcement of the death of any of the following officials:
    a) The President or a former President, for ten (10) days;
    b) The Prime Minister, the Chief Justice or other Justice, the Speaker of Parliament, for seven (7) days; and
    c) Other persons to be determined by the President, for any period less than seven (7) days.
    The flag shall be flown at half-mast on all the buildings and places where the decedent was holding office, on the day of death until the day of interment of an incumbent member of the Supreme Court, the Cabinet, the Parliament, and such other persons as may be determined by the President. The flag when flown at half-mast shall be first hoisted to the peak for a moment then lowered to the half-mast position. The flag shall again be raised to the peak before it is lowered for the day.
    
16. The flag may be used to cover the caskets of the honored dead of the military, veterans of previous wars, national officials, and of civilians who have rendered distinguished service to the nation, as may be determined by the President. In such cases, the flag shall be placed such that the blue field shall be at the head and left shoulder of the deceased. The flag shall not be lowered to the grave or allowed to touch the ground, but shall be folded solemnly and handed over to the heirs of the deceased on behalf of a grateful nation.
    
17. In order to establish uniform criteria in the making of the national flag and to guarantee its durability by the use of quality materials, the General Company of Alduria shall be the sole local and global manufacturer of the Aldurian flag.
    
18. All departments, agencies, offices, and instrumentalities of the government, government-owned or controlled corporations, local government units, shall include in their annual budgets the necessary outlay for the purchase of the national flag.
    

Article 3. Prohibited Acts

1.  It shall be prohibited:
   a) To mutilate, deface, defile, trample on or cast contempt or commit any act or omission casting dishonor or ridicule upon the flag or over its surface;
   b) To dip the flag to any person or object by way of compliment or salute;
   c) To use the flag:
   1) As a drapery, festoon, tablecloth;
   2) As covering for ceilings, walls, statues or other objects;
   3) As a pennant in the hood, side, back and top of motor vehicles;
   4) As a staff or whip;
   5) For unveiling monuments or statues; and
   6) As trademarks, or for industrial, commercial or agricultural labels or designs.
   d) To display the flag:
   1) Under any painting or picture;
   2) Horizontally face-up. It shall always be hoisted aloft and be allowed to fall freely;
   3) Below any platform; or
   4) In discotheques, cockpits, night and day clubs, casinos, gambling joints and places of vice or where frivolity prevails.
   e) To wear the flag in whole or in part as a costume or uniform;
   f) To add any word, figure, mark, picture, design, drawings, advertisement, or imprint of any nature on the flag;
   g) To print, paint or attach representation of the flag on handkerchiefs, napkins, cushions, and other articles of merchandise;
   h) To display in public any foreign flag, except in embassies and other diplomatic establishments, and in offices of international organizations;
   i) To use, display or be part of any advertisement or infomercial; and
   j) To display the flag in front of buildings or offices occupied by aliens.
   

Article 3. National Anthem

1.  The National Anthem shall always be sung in the national language within or without the country. 
   
2. The following shall be the lyrics of the National Anthem:                                                                                            Risen from ruins
   And facing the future,
   Let us serve you for the good,
   Alduria, united motherland.
   Old woes are to be overcome
   And we overcome them united.
   Because we must succeed,
   That the sun, beautiful as never 
   Over Alduria shines                                                                                                                                          Over Alduria shines                                                                                                                                                                                                                                                                                                                    Happiness and peace be granted
   To Alduria, our motherland.
   All the world longs for peace,
   Extend your hand to the peoples.
   If fraternally we unite ourselves,
   We will defeat the people's enemy.
   Let the light of peace shine
   So that a mother never more
   Mourns her child.                                                                                                                                                                                                                                                                                                                            Let us plough, let us build,
   Learn and create like never before,
   And, confident in inherent strength,
   A free generation rises up.
   Aldurian youth, best efforts
   Of our people united in you,
   You will become Alduria's new life.
   And the sun beautiful as never,
   Over Alduria shines.
   
3. No royalties shall be collected for the authorized playing of the national anthem in accordance with this Act.
   
4. When the National Anthem is played at a public gathering, whether by a band or by singing or both, or reproduced by any means, the attending public shall sing the anthem or stand silently at attention. 
   As a sign of respect, all persons shall stand at attention and face the Aldurian flag, if there is one displayed, and if there is none, they shall face the band or the conductor. At the first note, all persons shall execute a salute by placing their right palms over their left chests. Those in military, scouting, citizens military training and security guard uniforms shall give the salute prescribed by their regulations. The salute shall be completed upon the last note of the anthem.
   The anthem shall not be played and sung for mere recreation, amusement or entertainment purposes except on the following occasions:
   a) International competitions where Alduria is the host or has a representative;
   b) Local competitions;
   c) During the "signing off" and "signing on" of radio broadcasting and television stations;
   d) Before the initial and last screening of films and before the opening of theater performances; and
   e) Other occasions as may be allowed by the President.
   

Article 4. National Arms, Seal, and Motto

1. Any government entity, including the military, may adopt appropriate coat-of-arms, administrative seals, logo, insignia, badges, patches, and banners; and initiate awards, citations, orders or decorations; as may be authorized by Parliament or the Office of the President.
   
2. The national motto is, "In victoria virtus".
   
3. The national coat of arms is [arms] (OOC Note: Will be generated in due course. The bill contains the information for the future designed arms)
   
4. There is created an Office of State Heraldry within the Office of the President, to be headed by a Chief State Herald and such staffing pattern as the President shall require, to assist the President in the performance of his duties under this Act.
   

Article 5. Commencement, Severability.

1. This act shall not become law until it has received proper constitutional approval.
   
2. The provisions of this act are severable. If any part of this act is declared invalid or unconstitutional, that declaration shall not affect the part which remains.
   

 

Parliament will now come to order to consider this bill, presented by the Prime Minister on behalf of the Government. 

The Chair now recognizes The Prime Minister.

[Alfonso Velez]

Madam Speaker,

This bill takes further steps to develop and enshrine the culture of our great Republic. Passage of this bill will help instill a greater sense of national identity, and therefore I commend this bill to Parliament.

[Speaker Rejo]

The Chair now opens the floor for general debate. All members may offer debate or amendments at this time. Debate shall last for no less than 48 hours.

[Alfonso Velez]

Jaques Poleres, a member of the L&D purist wing, rises:

Madam Speaker,

While I join the Prime Minister in supporting the underlying purpose of the bill in furthering our Aldurian identity, I'm concerned about the abrogation of liberties in Article 3 of the bill. While I do not support the desecration of the flag of our Republic, I am also a staunch believer in freedom of speech and expression. While I would vehemently disagree with anyone burning or mutilating our flag in any way, making such demonstrations illegal goes against the fundamental principles of our Republic. 

This section is even more pernicious in its prohibitions of people wearing the flag, displaying it on their vehicles, or placing it onto common items used by everyday people. While some may view this display as disrespectful, I personally believe that this is a display of pride.

Fundamentally Madam Speaker, regardless of the intent of people expressing their feelings--positively or negatively--about our Republic on the flag, they should have a right to say it and to act upon it. Therefore, I move to amend the bill by striking Article 3 in its entirety and renumber the remaining articles.

If this amendment is adopted, I will happily vote for the bill. If this amendment is not adopted, then I regret I will have to strongly oppose the bill. I encourage the author of this bill to adopt my amendment is friendly so that our party can stand united behind this bill.

[Speaker Rejo]

The amendment offered by Mr. Poleres is recognized. Will the Government accept the amendment as friendly?

[Alfonso Velez]

Madam Speaker,

While I personally support this amendment for reasons I will articulate if the amendment proceeds to a full debate, I believe this decision ought to be made by the author of this bill, the Secretary of the Interior. Therefore, I yield to him for his decision on whether or not this amendment will be accepted as friendly.

[Alfonso Velez]

Madam Speaker,

After consultation with my colleagues, I accept the amendment as friendly.

[Seydlitz]

Friendly

[Speaker Rejo]

The amendment has been accepted as friendly and the text of the bill has now been updated. Debate continues.

[Seydlitz]

Mr Speaker,

I move to amend Article 4 by addition of a new Section to read:

There is created an Office of State Heraldry within the Office of the President, to be headed by a Chief State Herald and such staffing pattern as the President shall require, to assist the President in the performance of his duties under this Act.