By Sumudu Chamara and Hiranyada Dewasiri
Sri Lankan flag and Amazon
In light of the said incident, the Ministry of Foreign Affairs was reported to have raised the matter with the Embassy of China in the country. The Ministry, on 13 March, said that the Embassy of Sri Lanka in Beijing, China, had paid attention to the matter, after which the Sri Lankan Embassy informed China’s Ministry of Foreign Affairs to stop the production of any product with the Sri Lankan flag including the sale of the said doormats. In addition, the Sri Lankan Embassy had also informed the company that manufactured the said doormats to stop its manufacture with immediate effect. Eventually, Amazon had removed the advertisement regarding the doormats with the Sri Lankan flag.
Sri Lanka’s Foreign Ministry had further said that the Sri Lankan Embassy in China is closely monitoring the matter, and will take appropriate action through the relevant authorities in China to stop the production and sale of any product with the image of the Sri Lankan flag. Certain media reports also claimed that the Sri Lankan Embassy in Washington, District of Columbia, US, had also been informed to follow up on this incident with Amazon.
Doormats were not the only product sold on Amazon with the Sri Lankan flag. Earlier, bikinis, boxers, and also slippers with the Sri Lankan flag were advertised for sale on the website. When The Morning checked Amazon yesterday (18), even though the doormats with the Sri Lankan flag printed on them had been removed, it could be seen that boxers, facemasks, t-shirts, backpacks, and handheld fans with the Sri Lankan flag were still advertised for sale on the website. What is more, as of yesterday, there were more products, namely dog neckerchiefs, men’s tank tops, and bikinis on Amazon with parts of the Sri Lankan and US flags.
This is not the first time products bearing the flags of various countries emerged on e-commerce platforms, nor the first time Amazon has advertised the sale of such products on its website. Also, Amazon has come under fire before for advertising various products featuring racist symbols such as white supremacist flags, burning rainbow flags (a flag used by the lesbian, gay, bisexual, and transgender [LGBT] community), and various clothes displaying controversial statements.
Use of the national flag: Practical aspects
Having laws and policies to protect a country’s national flag are important, as the national flag is one of the major identities of any country. To further look into how Sri Lanka’s flag should be used, The Morning spoke to several heads of state institutions.
Speaking to The Morning, the Consumer Affairs Authority (CAA) said that there is no specific system to ascertain what is proper use and improper use of the Sri Lankan flag.
When queried as to whether there are products that the flag can be printed on and products that it cannot be printed on, CAA Chairman Maj. Gen. (Retd.) D.M.S. Dissanayake said that the CAA will take action in the event it is found that the Sri Lankan flag had been wrongly used, adding that it has not yet been reported to the CAA that such misuses have taken place in the country.
He further said: “The problem we faced recently was of a flag that was printed on a rug, and that is problematic. But, there is no harm in the flag being printed on a t-shirt; even the Sri Lankan Cricket team has that.”
Meanwhile, National Intellectual Property Office (the state institution mandated with the administration of the intellectual property system in the country) Director General Geethanjali R. Ranawaka told The Morning that through the Intellectual Property Act No. 36 of 2003, the government emblem and the Sri Lankan flag, in any form, even in amended form, are not allowed in registration.
Chapter 20 of the said Act, under Section (103)(1), states: “A mark shall not be registered – (i) which reproduces or imitates armorial bearings, flags, or other emblems, initials, names, or abbreviated names of any state or any inter-governmental international organisation or any organisation created by international convention, unless authorised by the competent authority of that state or international organisation,” and under (j), “which reproduces or imitates official signs or hallmarks of a state, unless authorised by the competent authority of that state”.
Moreover, expressing her views regarding the matter, Ministry of Trade Secretary Bhadranie Jayawardane said that the Ministry of Services, Provincial Councils, and Local Government has issued circulars with regard to the Sri Lankan flag, and that they contain what the accepted ways of using the flag in our country are. She stressed that the Sri Lankan flag cannot be used in any commercial item.
Speaking with The Morning, Jayawardane further said that since the Sri Lankan flag has been used by another country in this instance, in such international matters, an intervention is made by the Foreign Affairs Ministry. She added: “They have taken steps to remove that item from the website, and I think it was a Chinese company that manufactured the aforementioned product. The two countries are looking into the matter. The State Ministry of Co-operative Services, Marketing Development, and Consumer Protection, which falls under the Ministry of Trade, has the CAA under it. The CAA makes the decisions that need to be made at the domestic level.”
Know your flag
A country’s identity lies more in the citizens who are aware of that identity than in the physical symbols that signifying the country’s identity. Being aware of the proper use of a country’s national flag, even though the number of instances that knowledge may be useful in day-to-day life is limited, is something that is worth learning.
The Morning also looked into the proper use of the Sri Lankan national flag in the Code for the Use of the National Flag issued by the Ministry of Home Affairs on 4 February 1987, which contains this information.
According to Section 10 of the Code, titled “Incorrect display”, a damaged, disfigured, or faded national flag should not be displayed, and the national flag should not be dipped in salute to any person or thing.
It also says that no other flag or bunting should be placed higher than or above or, except as provided in the Code, side by side with the national flag, nor should any object including flowers or garlands or an emblem be placed on or above the flag mast from which the national flag is flown.
Under the same Section, the Code further stipulates that the national flag should not be used as a festoon, rosette, or bunting or in any other manner for decoration, nor should other coloured pieces of cloth be so arranged as to give the appearance of the national flag.
The Code states that the national flag should not be used to cover a speaker’s desk or to be draped over a speaker’s platform, and that it should not be displayed with the lion upside down. In addition, the national flag should not be allowed to touch the ground or the floor or trail in water.
Displaying or fastening the national flag in a manner that may damage it, and displaying it on a float in a parade except from a staff, are also not permitted under the Code.
The Code’s Section 11, which focuses on the misuse of the national flag, says that it should never be used as wearing apparel, bedding, or drapery, even though it could be used as drapery in state/military funerals. It also stipulates that the national flag should never be festooned, drawn back, or up in folds, but always allowed to fall free.
That the national flag should never be fastened, displayed, used, or stored in such a manner as to permit it to be easily torn, soiled, or damaged in any way, was another guideline the Code included, and it also said that the national flag should never be used as a covering for a ceiling.
The Code also says that no mark, insignia, letter, word, figure, design, picture, or drawing of any nature should be placed upon the flag except on Presidential Colours awarded to military regiments decreed by Presidential Order, and that the national flag should never be used as a receptacle for receiving, holding, carrying, or delivering anything.
The national flag should not be used for any advertising purpose in any manner whatsoever, the Code said, adding that the national flag should not be embroidered on such articles as cushions or handkerchiefs and the like, printed or otherwise impressed on paper napkins or boxes or anything that is designed for temporary use and discarded. “Advertising signs should not be fastened to the staff or halyard from which the national flag is flown,” it added.
The national flag should not be draped over the hood, top, sides, or back of a vehicle or on a railroad train or boat, and no part of it should even be used as a costume or athletic uniform. However, according to the Code, a flag patch may be affixed to the uniform of military personnel, firemen, policemen, and a lapel flag pin which is a replica, should be worn on the left lapel.
Under the Code, the unauthorised use of a representation of the national flag is also prohibited, and when the national flag is in a damaged, faded, or soiled condition, it may not be cast aside or disrespectfully disposed of, but should be destroyed as a whole in private, preferably by burning or by any other method consistent with the dignity of the flag, except when retained as a collector’s item or in a museum.
Section 14 of the Code, titled “Foreign aspects of the use of the national flag”, focuses on the use of the national flag by the Sri Lankan missions abroad, at international conferences and during visits by Sri Lankan VIPs.
The incident also sparked a conversation among the general public about the misuse of the Sri Lankan flag, and how it may affect the country’s identity. While opposition against the said doormats was high on social media platforms, some also made it an opportunity to discuss the topic of patriotism, citing similar incidents involving the flags of other countries.
The issue of the doormats has ended. However, the aforementioned products still being advertised on Amazon is a cause for concern. Does it mean that it is practically impossible to monitor and/or stop the advertisement of such products, or that Sri Lanka needs to take more advanced action for it to stop? However, one thing is evident – there is a need for the authorities to take further action in this regard.
What is the proper use of the Sri Lankan flag?
19 Mar 2021
What is the proper use of the Sri Lankan flag?
19 Mar 2021