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Civil and political issues

  • Association and Assembly

    • Laws, decrees, bills and regulations relating to association and assembly (commentaries)

      Individual Documents

      Title: BURMA: Police torture of gay and transgendered people
      Date of publication: 22 July 2013
      Description/subject: "The Asian Human Rights Commission has been following with concern news of the police targeting of gay and transgendered people in Burma, or Myanmar, and has recently obtained detailed information on a number of cases of alleged arbitrary arrest, detention and torture of persons on the grounds of sexual orientation. The AHRC is troubled both by the manner in which this minority group appears to have been deliberately targeted by the police, and by the implications of these police abuses not only for the rights of minorities in democratizing Burma, but also for the rights of all people living there. According to recent news reports, police in Mandalay have been conducting an operation against gay and transgendered people who have been congregating in certain public places in the city. Although the police claim that they are simply removing from certain areas anyone found to be causing a disturbance to the public, from all accounts it is clear that they have been specifically targeting gay and transgendered people..."
      Language: English
      Source/publisher: Asian Human Rights Commission (AHRC)
      Format/size: html
      Date of entry/update: 22 July 2013


      Title: SPECIAL DOSSIER: CASES UNDER THE UNLAWFUL ASSOCIATIONS ACT 1908 BROUGHT AGAINST PEOPLE ACCUSED OF CONTACT WITH KACHIN INDEPENDENCE ARMY
      Date of publication: 21 January 2013
      Description/subject: "This special dossier of 36 cases brought under the 1908 Unlawful Associations Act against people accused of contact with the Kachin Independence Army was researched and compiled in 2012 by independent human rights defenders in Burma who have requested that the Asian Human Rights Commission disseminate the material...At a time that the conflict in Kachin State between the Kachin Independence Army and Burma armed forces is only getting worse, this dossier marks an important contribution to documentation on human rights abuses in the region, because it signals very sharply the intersection between war and law, between violence in armed combat and violence in interrogation, in the use of torture and other techniques against persons who have been branded enemies of the state...the human rights defenders who gathered and translated this material have two stated objectives: to document and inform people about the use of the Unlawful Associations Act; and, to secure the release of the accused. Both of these objectives are laudable, and strongly supported by the AHRC. Clearly, not enough has been done to document cases of this sort in a way that makes explicit the connection between strategic practices of the military and those of other parts of the state apparatus for the targeting of internal enemies. We firmly hope that by taking these steps, not only will the connections be better understood but also those whose cases are documented will obtain relief through some publicity and attention to their specific plights..."
      Language: English
      Source/publisher: Asian Human Rights Commission (AHRC) & Asian Legal Resource Centre (ALRC)
      Format/size: pdf (2.7MB-OBL version; 3.46-original)
      Alternate URLs: http://www.humanrights.asia/countries/burma/reports/Unlawful_Association_Dossier.pdf/view
      Date of entry/update: 21 January 2013


      Title: Thein Sein Repeals Repressive Law on Public Speeches
      Date of publication: 16 January 2013
      Description/subject: "Burmese President Thein has repealed a draconian law that was used to stifle public speeches and sentence dissidents to lengthy spells in prison under the previous military regime, according to an announcement in a state-owned newspaper on Wednesday. The Burmese-language version of The New Light of Myanmar carried an announcement signed by President Thein Sein, which stated he had revoked Law 5/96, or the Law Protecting the Peaceful and Systematic Transfer of State Responsibility and the Successful Performance of the Functions of the National Convention against Disturbances and Oppositions. It provided for up to 20 years imprisonment for anyone who criticizes the government in speeches or written statements that “belittle the National Convention” and make people misunderstand its proceedings..."
      Language: English
      Source/publisher: "The Irrawaddy"
      Format/size: html
      Date of entry/update: 19 January 2013


      Title: Myanmar: The Decree on the Right to Peaceful Assembly and Peaceful Procession 2012 - Legal Analysis (English and Burmese)
      Date of publication: 20 September 2012
      Description/subject: Executive Summary and Recommendations: In July 2012, "ARTICLE 19 analysed the Decree on the Right to Peaceful Assembly and Peaceful Procession of Myanmar, adopted by the Government of the Republic of the Union of Myanmar on 5 July 2012. The provisions of the Decree were examined for their compliance with international standards on human rights. Myanmar has neither signed nor ratified the International Covenant on Civil and Political Rights or other principal human rights treaties. Nevertheless, ARTICLE 19 suggests that guarantees to the right to freedom of expression and freedom of assembly, as provided by Article 364 of the Constitution of Myanmar, allow a wide scope for interpretation and that international standards regarding these rights should provide guidance to such an interpretation. In the analysis, ARTICLE 19 appreciates the Decree’s recognition of the state duty to protect assembly participants. However, the requirement for permission to hold an assembly, the grounds for denying permission, the lack of a court appeal and the absence of guarantees for media access to assemblies are problematic and must be urgently revised. ARTICLE 19 also calls on the Government of Myanmar – in consultation with civil society - to review other legislative measures in light of international standards and to make them compliant with these standards. Recommendations ARTICLE 19 calls on the Government of Myanmar: • To sign and ratify the International Covenant on Civil and Political Rights; • To invite the UN special rapporteur on freedom of peaceful assembly and association and the special rapporteur on freedom of opinion and expression to visit Myanmar; • To ensure that the right to peaceful assembly and the right to freedom of expression are safeguarded in line with international standards; • To revise the Decree on the Right to Peaceful Assembly and Peaceful Procession in accordance with international standards on freedom of expression and freedom of assembly, as recommended by ARTICLE 19; • To initiate public discussion about the current legal framework on peaceful assemblies and engage in consultation with civil society representatives on how to improve the relevant legislation. ARTICLE 19 calls on civil society in Myanmar: • To engage in public debates and consultation with the government on how to improve the domestic legislation on peaceful assembly; • To form coalitions between civil society organisations and launch public education campaigns on the right to peaceful assembly and the right to freedom of expression; • To draft legislative proposals and advocate for specific changes in domestic legislation aiming at the improvement of the protection of the right to peaceful assembly and the right to freedom of expression; • To seek partnerships with international organisations in a specific mandate on the right to freedom of expression and the right to peaceful assembly."
      Language: English, Burmese/ ျမန္မာဘာသာ
      Source/publisher: Article 19
      Format/size: pdf (346K-English; 6.54MB-Burmese))
      Alternate URLs: http://www.article19.org/data/files/medialibrary/3440/12-09-19-LA-Myanmar-BU.pdf
      http://www.article19.org/resources.php/resource/3440/en/myanmar:-law-on-assembly-and-procession-inconsistent-with-human-rights
      Date of entry/update: 24 September 2012


      Title: Burma: New Law on Demonstrations Falls Short
      Date of publication: 15 March 2012
      Description/subject: "...Legal Reforms Should Meet International Human Rights Standards ...Burma’s new law on assembly rejects the previous ban on demonstrations, but still allows the government to trump the Burmese people’s basic rights. There is a lot of excitement about changes in Burma these days, but the government shouldn’t be given credit for allowing some freedom just because none existed before. Instead, it should be pressed to make sure its laws meet international standards..."
      Language: English
      Source/publisher: Human Rights Watch (HRW)
      Format/size: html
      Date of entry/update: 17 March 2012


      Title: Reading between the lines of criminalized assembly in Myanmar
      Date of publication: 10 December 2011
      Description/subject: "All public assemblies that power holders have not themselves organized or endorsed pose them some kind of political challenge. In a democratic system, unauthorized public assemblies are part of the political process. The ruling group is obliged to accommodate such assemblies and not resort to needlessly coercive methods in dealing with them. The political symbolism of an authoritarian system, by contrast, carries with it, as James Scott has written, an implicit assumption that subordinates gather only when they are authorized to do so from above.1 Where subordinates defy this assumption, they threaten the political order, and risk juridical sanction. The British authoritarian regime in its Asian colonies assigned public assembly an inherently criminal quality. A full chapter of the Indian Penal Code, which it brought with it to Burma, sets out offences against public tranquillity and their punishments. The terms used in the code evoke the innate criminality of unauthorized gatherings: “criminal force”, “rioting”, “affray”. The colonial-era police and courts read between these lines so as to enable liberal use of violence. Police and magistrates responded to unauthorized assembly under cover of the empire’s criminal codes with lathi charges and rifle fire. When they failed to keep things under control, behind them came the army. And so, a template was set for what historian Mary Callahan has described as the “coercion-intensive” state in Burma.2 1 James C. Scott, Domination and the Arts of Resistance: Hidden Transcripts (New Haven & London: Yale University Press, 1990) 61. 2 Mary P. Callahan, "State Formation in the Shadow of the Raj: Violence, Warfare and Politics in Colonial Burma," Southeast Asian Studies 39.4 (2002): 521. 2 But the colonial template has, as the years have passed, become less and less familiar. Whereas the coercive parts of the criminal juridical apparatus in Burma, now officially Myanmar, have expanded in size and strength under successive military or military-established governments, the authority of the courts has greatly diminished. Whereas the criminal codes have remained in force, the manner of their application has changed markedly. And meanwhile, other ill-defined elements that were not part of the original template have also entered the mix. In this paper, I briefly explore the shifting character of the containment and criminalizing of unauthorized assembly in Myanmar through a case study of the juridical and extrajuridical response to large-scale protests in 2007. I argue that the criminalizing of unauthorized assembly and its participants was, compared to earlier periods, highly ambiguous, because the juridical and extrajuridical elements of the response were throughout purposefully intervowen. The ambiguity was, I think, paradigmatic of how power has in recent years been exercised through the criminal juridical system of Myanmar, such that today we can only talk of the juridical and extrajudicial in the singular, as a composite of practices rather than two contrasting sets of practices..."
      Author/creator: Nick Cheesman
      Language: English
      Source/publisher: “Southeast Asia: Between the Lines”, Center for Southeast Asian Studies, University of Michigan, 9-10 December 2011
      Format/size: pdf (616K)
      Date of entry/update: 18 August 2014


  • Martial law decrees, States of Emergency etc.

    • Martial law decrees, States of Emergency etc. (commentary)

      Individual Documents

      Title: BURMA: President too quick to proclaim state of emergency
      Date of publication: 23 March 2013
      Description/subject: "The Asian Human Rights Commission has been following with concern news of the latest outbreak of communal violence in Burma. Although the circumstances of how the violence began are clouded, the president on 22 March 2013 declared an indefinite state of emergency over four townships of Mandalay Region--Meikhtila, Wundwin, Mahlaing and Thazi--after the imposition of an order under section 144 of the Criminal Procedure Code on March 20 to shut down businesses until the situation improved failed to quell growing conflict that has officially left eleven people dead. Eyewitness accounts put the number of dead possibly in the dozens, with many people besides injured. It would be disingenuous of the authorities in Burma to describe the violence as unexpected. Throughout the latter part of 2012, they permitted demonstrations by thousands of persons calling for the expulsion from the country of Muslims in the west alleged to have entered illegally. At that time, a number of reprise attacks occurred against targets in other parts of the country, although these did not spread widely and attracted little media attention. Yet now the response has been, as previously, to react with the introduction of a state of emergency as if confronted with an event that was wholly unexpected, for which the authorities had not been prepared..."
      Source/publisher: Asian Human Rights Commission (AHRC)
      Format/size: html
      Date of entry/update: 23 March 2013


      Title: A law in force and its effects
      Date of publication: 15 August 2009
      Description/subject: Commentary on the status of laws enacted under the 1974 Constitution
      Author/creator: A Lawyer
      Language: English
      Source/publisher: "The New Light of Myanmar"
      Format/size: pdf (19K)
      Date of entry/update: 15 August 2009


      Title: Burma's State Protection Law: An Analysis of the Broadest Law in the World
      Date of publication: December 2001
      Description/subject: Forword by H. E. U Thein Oo, Minister of Justice, National Coalition Government of the Union of Burma.... Contents: Foreword by H.E. U Thein Oo; Introduction; The Constitutional Period, 1948-1962; Military Rule, 1962-1974; Military Rule, 1974-1988; Military Rule, 1988-1997; Military Rule, 1997 to date; The State Protection Law of 1975: Articles 1 and 2: Name and Definitions; Articles 3 to 6: State of Emergency; Articles 7 to 9: Restrictions of Rights; Articles 10 to 15: Preventive Detention; Article 16: No Real Provisions for Review; Articles 17 and 18: Reporting; Articles 19 to 21: Appeal; Articles 22 to 24: General Provisions; State Protection and Preventive Detention; Is Burma Changing Towards Rule of Law?; Conclusion.
      Author/creator: P. Gutter and B.K. Sen
      Language: English
      Source/publisher: Burma Lawyers' Council
      Format/size: pdf (255K)
      Date of entry/update: 2001


      Title: MYANMAR (BURMA): NEW MARTIAL LAW PROVISIONS ALLOWING SUMMARY OR ARBITRARY EXECUTIONS AND RECENT DEATH SENTENCES IMPOSED UNDER THESE PROVISIONS
      Date of publication: August 1989
      Description/subject: "Since January 1989, especially since March and again in June and July, the tempo of political arrests has accelerated in Myanmar as the main student groups and political parties have organized more frequent and larger gatherings at which opinions increasingly critical of the authorities have been voiced. In a document made public on 14 July 989. Myanmar (Burma): Call for Dissemination and Enforcement of International Standards on the Use of Force, Amnesty International expressed the hope that martial law restrictions on civil liberties currently imposed by the armed forces in Myanmar would not be enforced through the deliberate killing of demonstrators, contrary to international standards on the use of force and the right to life. On 17 and 18 July 1989 the martial law administration empowered the military to impose death sentences on political opponents, including people not accused of violence, through summary judicial procedures that fall short of international standards for fair trial and are contrary to the safeguards enshrined in the Myanmar Judicial Law. These deficiencies include allowing the death penalty for non-violent, not clearly criminal or else only minor offences, elimination of the right of appeal to a higher court and apparent curtailments of the right to a defence, particularly as regards the calling of defence witnesses. The new martial law provisions could lead to arbitrary executions and Amnesty International has called on the authorities not to execute three political prisoners sentenced to death under them on 27 July 1989 The three are accused of involvement in a terrorist bombing. They have 30 days in which to ask the Myanmar armed forces Commander-in-Chief to review their sentences. Unless he orders their reprieve, they will be hanged..."
      Language: English
      Source/publisher: Amnesty International (ASA 16/15/89)
      Format/size: pdf (71K)
      Date of entry/update: 19 August 2005


    • Martial law decrees, States of Emergency etc. (texts)

      Individual Documents

      Title: Law on the Elimitation of Violence - Pyidaungsu Hluttaw Law No. 23/2014 (အၾကမ္းဖက္မွဳ တိုက္ဖ်က္ေရးဥပေဒ - ၂၀၁၄ ခုႏွစ္၊ ျပည္ေထာင္စုလႊတ္ေတာ္
      Date of publication: 04 June 2014
      Description/subject: Published in "Myanmar Alin" of 6 June 2014 pp5,6
      Language: Burmese/ ျမန္မာဘာသာ
      Source/publisher: Pyidaungsu Hluttaw via "Myanmar Allin" of 6 June 2014
      Format/size: pdf (171K)
      Date of entry/update: 10 June 2014


      Title: The Law Amending the Law Safeguarding the State from the Danger of Subversive Elements - SLORC Law No. 11/91 (English)
      Date of publication: 09 August 1991
      Description/subject: The State Law and Order Restoration Council - The Law Amending the Law Safeguarding the State from the Danger of Subversive Elements [The State Protection Law] - (The State Law and Order Restoration Council Law No. 11/91) - The 14th Waning Day of Second Waso, 1353 M.E. (9th August, 1991
      Language: English
      Source/publisher: State Law and Order Restoration Council (SLORC)
      Format/size: pdf (53K)
      Date of entry/update: 13 June 2013


      Title: The Special Limitation Law - SLORC Law No. 9/88 (English)
      Date of publication: 07 November 1988
      Description/subject: The State Law and Order Restoration Council - The Special Limitation Law - (The State Law and Order Restoration Council Law No. 9/88)- The 13th Waning Day of Thadingyut, 1350 M.E (7th November, 1988)
      Language: English
      Source/publisher: State Law and Order Restoration Council (SLORC)
      Format/size: pdf (66K)
      Date of entry/update: 16 June 2013


      Title: The Adaptation of Expressions Law - SLORC Law No. 8/88 (English)
      Date of publication: 19 October 1988
      Description/subject: The State Law and Order Restoration Council - The Adaptation of Expressions Law - (The State Law and Order Restoration Council Law No. 8/88) - The 9th Waxing Day of Thadingyut , 1350 M.E. (19th October, 1988
      Language: English
      Source/publisher: State Law and Order Restoration Council (SLORC)
      Format/size: pdf (80K)
      Date of entry/update: 16 June 2013


      Title: The Law Amending the Myanmar Red Cross Society Act, 1959 - SLORC Law No. 7/88 (English)
      Date of publication: 12 October 1988
      Description/subject: The State Law and Order Restoration Council - The Law Amending the Myanmar Red Cross Society Act, 1959 - (The State Law and Order Restoration Council Law No. 7/88) - 10-12 The 2nd Waxing Day of Thadingyut , 1350 M.E. (12th October, 1988)
      Language: English
      Source/publisher: State Law and Order Restoration Council (SLORC)
      Format/size: pdf (66K)
      Date of entry/update: 16 June 2013


      Title: Declaration No. 6/88 of the State LORC (English)
      Date of publication: 25 September 1988
      Language: English
      Source/publisher: "The Working People's Daily"
      Format/size: pdf (37K)
      Date of entry/update: 15 August 2009


      Title: SLORC Order Having the Force of Law No. 1/88 (English)
      Date of publication: 19 September 1988
      Description/subject: The State Law and Order Restoration Council - Order Having the Force of Law No. (1/88) - The 9th Waxing Day of Tawthalin, 1350 M.E. (19th September, 1988
      Language: English
      Source/publisher: State Law and Order Restoration Council (SLORC)
      Format/size: pdf (82K)
      Date of entry/update: 16 June 2013


      Title: SLORC Order Having the Force of Law No. 2/88 (English)
      Date of publication: 19 September 1988
      Description/subject: The State Law and Order Restoration Council - Order Having the Force of Law No. (2/88) - The 9th Waxing Day of Tawthalin, 1350 M.E. (19th September, 1988) -
      Language: English
      Source/publisher: State Law and Order Restoration Council (SLORC)
      Format/size: pdf (68K)
      Date of entry/update: 16 June 2013


      Title: SLORC Order Having the Force of Law No. 3/88 (English)
      Date of publication: 19 September 1988
      Description/subject: The State Law and Order Restoration Council - Order Having the Force of Law No. (3/88) - The 9th Waxing Day of Tawthalin, 1350 M.E. (19th September, 1988)
      Language: English
      Source/publisher: State Law and Order Restoration Council (SLORC)
      Format/size: pdf (70K)
      Date of entry/update: 16 June 2013


      Title: Announcement No. 1/88 of the State Law and Order Restoration Council, 18 September 1988
      Date of publication: 18 September 1988
      Description/subject: The decree establishing the State Law and Order Restoration Council... "1) In order to effect a timely halt to the deteriorating conditions on all sides all over the country and for the sake of the interests of the people, the Defence Forces have assumed all power in the state with effect from today so as to carry out the following tasks immediately:..."
      Language: English
      Source/publisher: SLORC
      Format/size: html (5K), pdf (68K)
      Alternate URLs: http://www.burmalibrary.org/docs15/1988-SLORC_Announcement1988-01-Formation_of_SLORC.pdf
      Date of entry/update: 21 February 2004


      Title: Announcement No. 2/88 of the State Law and Order Restoration Council, 18 September 1988
      Date of publication: 18 September 1988
      Description/subject: "1) The following state institutions have been abolished effective today: ..."
      Language: English
      Source/publisher: SLORC
      Format/size: html (5K)
      Date of entry/update: 21 February 2004


      Title: SLORC Order 2/88 of 18 September 1988
      Date of publication: 18 September 1988
      Description/subject: Order No. 2/88 of the Organization for Building Law and Order in the State, dated 18 September 1988 - the 8th day of the waxing moon of Tawthalin, 1350... "In order to ensure law and order, and peace and tranquility, as well as to ensure the security and ease of transport and communications and the people's livelihood, the chief of staff, Office of the Chief of Staff, issues the following order for all monks and people to abide by:..."
      Language: English
      Source/publisher: SLORC
      Format/size: html (6K), Word (25K)
      Alternate URLs: http://www.ibiblio.org/obl/docs3/SLORC_Order_2-88.doc
      Date of entry/update: 08 August 2005


      Title: SLORC Order No. 1/88
      Date of publication: 18 September 1988
      Description/subject: Order No. 1/88 of the Organization for Building Law and Order in the State, dated 18 September 1988 -- the 8th day of the waxing moon of Tawthalin, 1350... "The Organization for Building Law and Order in the State has been formed with the following persons:..."
      Language: English
      Source/publisher: SLORC
      Format/size: html (8K), Word (25K)
      Alternate URLs: http://www.ibiblio.org/obl/docs3/SLORC_Order_1-88.doc
      Date of entry/update: 08 August 2005


      Title: State Protection Law (The Law to Safeguard the State Against the Dangers of Those Desiring to Cause Subversive Acts - Pyithu Hluttaw Law No. 3, 1975 (English)
      Date of publication: 05 February 1975
      Description/subject: Pyithu Hluttaw Law No. 3, 1975. "The People’s Assembly enacts the following Law in order to prevent the infringement of the sovereignty and security of the Union of Burma against any threat to the peace of the people, and against the threat of those desiring to cause subversive acts causing the destruction of the country, without impeding citizens’ fundamental rights..." The 1991 amendment, Law No 11/91 of Aug. 9, 1991 is included in the document.
      Language: English
      Source/publisher: Pyithu Hluttaw
      Format/size: pdf (22K)
      Date of entry/update: 2001


      Title: State Protection Law (The Law to Safeguard the State Against the Dangers of Those Desiring to Cause Subversive Acts) - Burmese
      Date of publication: 05 February 1975
      Description/subject: Pyithu Hluttaw Law No. 3, 1975. "The People’s Assembly enacts the following Law in order to prevent the infringement of the sovereignty and security of the Union of Burma against any threat to the peace of the people, and against the threat of those desiring to cause subversive acts causing the destruction of the country, without impeding citizens’ fundamental rights..."
      Language: Burmese
      Source/publisher: Pyithu Hluttaw
      Format/size: pdf
      Date of entry/update: 2001


      Title: Emergency Provisions Act - Section 5 (Burmese)
      Date of publication: 09 March 1950
      Language: Burmese
      Source/publisher: Government of the Union of Burma
      Date of entry/update: 03 June 2003


      Title: Emergency Provisions Act - Section 5 (English)
      Date of publication: 09 March 1950
      Language: English
      Source/publisher: Government of the Union of Burma
      Format/size: pdf (23K); html
      Alternate URLs: http://www.blc-burma.org/html/Suppressive%20Law/s5epa_e.html
      Date of entry/update: 03 June 2003


      Title: THE PUBLIC ORDER (PRESERVATION) ACT [BURMA ACT XVI, 1947] (3rd April, 1947)
      Date of publication: 03 April 1947
      Language: English
      Source/publisher: "Burma Code, Vol. II, Government of the Union of Burma via Burma Lawyers Council
      Format/size: html, pdf (97K)
      Alternate URLs: http://web.archive.org/web/20110902222123http://www.blc-burma.org/html/burma%20code/lr_e_bc02_28.html
      Date of entry/update: 11 October 2011


  • Nationality, citizenship and immigration

    • Laws, decrees, bills and regulations relating to nationality, citizenship and immigration (commentary)

      Websites/Multiple Documents

      Title: The rights of non-citizens (set of 5 reports)
      Date of publication: May 2003
      Description/subject: A set of 5 reports by David Weissbrodt to the UN Sub-Commission - Link to an OBL section.
      Author/creator: David Weissbrodt
      Language: English
      Source/publisher: UN Sub-Commission via Online Burma/Myanmar Library
      Format/size: pdf
      Date of entry/update: 24 August 2012


      Title: THE LAW RELATING TO FOREIGNERS AND CITIZENSHIP IN BURMA
      Date of publication: 1961
      Description/subject: Text and commentary: 1. The Foreigners Act, 1864... 2. The Registration of Foreigners Act, 1940... 3. The Registration of Foreigners Rules, 1948... 4. Exemptions under the said Act... 5. The Burma Passport Act, 1920... 6. The Burma Passport Rules, 1948... 7. The Burma Extradition Act, 1903... 8. The Burma Immigration ( Emergency Provisions) Act, 1947... 9. The Burma Immigration (Detention) Rules, 1951... 10. The Transfer of Immoveable Property (Restriction) Act, 1947... 11. The Transfer of Immoveable Property ( Restriction) Rules, 1956... 12. The Union Citizenship Act, 1948... 13. The Union Citizenship Regulations, 1949... 14. The Union Citizenship (Election) Act, 1948... 15. The Union Citizenship Election Rules, 1948.... 16. Appendix I - Forms... 17. Appendix II-Burma Independence Act, 1947...
      Author/creator: S. L. VERMA, B. A., B. L.,
      Language: English, Burmese
      Source/publisher: RISHI RAJ VERMA
      Format/size: pdf (6.4MB)
      Date of entry/update: 18 July 2012


      Individual Documents

      Title: Laws enforce discrimination in Myanmar
      Date of publication: 18 March 2014
      Description/subject: "A special commission in Myanmar is now drafting legislation that if passed would effectively limit the rights of certain minority groups. At the request of the speaker of the parliament, President Thein Sein earlier this month formed a commission charged with drafting legislation on two laws: one concerning restricting religious conversions and another on controlling population growth. Although the official notification creating the commission does not mention religion, both laws are directed against the country's minority Muslim community. The first will severely limit the conversion of Buddhist women to Islam and the second will restrict Muslim families to no more than two children. A wide spectrum of Burmese society will be questioned "in a transparent manner" by the commission, while any proposed legislation should be in conformity with the constitution, diverse beliefs, national unity, and Myanmar culture, according to the notification. Regulations of other countries will also be examined in the process, the notification said..."
      Author/creator: David I Steinberg
      Language: English
      Source/publisher: "Asia Times Online"
      Format/size: html
      Date of entry/update: 26 May 2014


      Title: Defining Myanmar’s “Rohingya Problem”
      Date of publication: 23 July 2013
      Description/subject: "...The Rohingya problem has been referred to and described in different ways, and certainly it is more than a matter of nationality and discrimination, statelessness and displacement, and the Responsibility to Protect. Yet the initial two areas have assumed particular factual and legal significance over the past three decades, as persecution of the Rohingya within Myanmar and its effects regionally have continued unabated. The third area—not unrelated to the others—should assume equal importance and attention, but thus far it has not. All three issues are progressive in their application to the Rohingya: persecutory discrimination and statelessness includes and leads to forcible displacement, which combined constitute crimes against humanity and ethnic cleansing and implicate the Responsibility to Protect. Primary responsibility rests with the Myanmar government to protect those whose right to a nationality the country has long denied, but its regional neighbors have legal and humanitarian obligations of their own vis-à-vis the Rohingya, as does the international community. The Rohingya problem begins at home—and could well end there with enough political will. Failing that, as has been the case since June 2012 if not decades, regional countries and the wider world should act to address the displacement and statelessness, and to stop the violence and violations."
      Author/creator: Benjamin Zawacki
      Language: English
      Source/publisher: American University Washington College of Law's Human Rights Brief,Volume 20 Issue 3, Spring 2013
      Format/size: pdf (516K-OBL version; 580K-original)
      Alternate URLs: http://www.burmalibrary.org/docs15/Defining_Myanmar%27s_Rohingya_Problem-red.pdf
      Date of entry/update: 24 July 2013


      Title: UN HUMAN RIGHTS EXPERTS CALL ON MYANMAR TO ADDRESS DISCRIMINATION AGAINST MEMBERS OF MUSLIM MINORITY IN NORTH RAKHINE STATE
      Date of publication: 02 April 2007
      Language: English
      Source/publisher: United Nations
      Format/size: html
      Date of entry/update: 20 February 2009


      Title: Myanmar - The Rohingya Minority: Fundamental Rights Denied
      Date of publication: 19 May 2004
      Description/subject: "The Muslim ethnic minority, generally known as the Rohingyas, who live in northern Rakhine State, western Myanmar, continue to suffer from several forms of restrictions and human rights violations. The Rohingyas' freedom of movement is severely restricted and the vast majority of them have effectively been denied Myanmar citizenship. They are also subjected to various forms of extortion and arbitrary taxation; land confiscation; forced eviction and house destruction; and financial restrictions on marriage. Rohingyas continue to be used as forced labourers on roads and at military camps, although the amount of forced labour in northern Rakhine State has decreased over the last decade. These practices, in addition to violating other basic human rights of the Rohingyas, are discriminatory towards the Rohingya population as they do not appear to be imposed in the same manner and at the same level on other ethnic nationalities in Rakhine State, or in the country as a whole. These restrictions and abuses, and the general discrimination against them, also amount to violations of the right to an adequate standard of living for many Rohingyas. As a consequence tens of thousands have fled to neighbouring Bangladesh and other countries. This report is based on almost 50 testimonies taken from Rohingyas which were made available to Amnesty International during the last year. These interviews were conducted in private and in confidence in accordance with the organization's general terms of reference for primary research. Information from other reliable and credible sources is also used to corroborate these testimonies. In order to protect the safety of those interviewed, all details which could identify individuals have been deleted, but information obtained from public sources is cited where appropriate. Myanmar is not state party to most international human rights treaties. Amnesty International has consistently urged the State Peace and Development Council (SPDC, Myanmar's government) to accede to these treaties. However, the fact that the SPDC has not done so does not release it from its obligation to respect fundamental human rights which, being provided for under customary international law, are binding on all states..."
      Language: English and French
      Source/publisher: Amnesty International (ASA 16/005/2004)
      Format/size: pdf
      Alternate URLs: http://www.amnesty.org/en/library/asset/ASA16/005/2004/en/aa1f6f6d-d5d5-11dd-bb24-1fb85fe8fa05/asa160052004fr.pdf
      http://www.amnesty.org/en/library/info/ASA16/005/2004
      Date of entry/update: 20 May 2004


      Title: Malaysia/Burma: Living in Limbo
      Date of publication: July 2000
      Description/subject: Burmese Rohingyas in Malaysia. Contains a good discussion of the Rohingyas' de facto statelessness under the 1982 Citizenship Law as well as background material on the Rohingyas' situation in Burma.."Burmese authorities bear responsibility for the Rohingya's flight. Burma's treatment of the Rohingya is addressed in the background section of the report, and the report offers specific recommendations to the Burmese government. The focus of this report, however, is on what happens to Rohingya when they reach Malaysia. There, they are not treated as refugees fleeing persecution who should be afforded protection, but as aliens subject to detention or deportation in violation of Malaysia's international human rights obligations..."
      Language: English
      Source/publisher: Human Rights Watch
      Format/size: html
      Date of entry/update: 03 June 2003


      Title: GA 1997 (52nd Session): Report by the Special Rapporteur on Myanmar
      Date of publication: 16 October 1997
      Description/subject: General Assembly, Fifty-second session. The Secretary-General has the honour to transmit to the members of the General Assembly the interim report on the situation of human rights in Myanmar, prepared by Mr. Rajsoomer Lallah, Special Rapporteur of the Commission on Human Rights, in accordance with General Assembly resolution 51/117 of 12 December 1996 and Economic and Social Council decision 1997/272 of 22 July 1997. Good section on citizenship and citizenship legislation (paras 119-142), mainly relating to the Rohingyas, a Muslim group in Rakhine (Arakan) state; statelessness and the conformity of the different forms of citizenship [in Burma] with international norms. Also, the rights pertaining to democratic governance, the right to form and join trade unions, forced labour, violations against ethnic minorities, including violations of civil rights.
      Author/creator: Mr. Rajsoomer Lallah
      Language: English
      Source/publisher: United Nations (A/52/484)
      Date of entry/update: 03 June 2003


      Title: GA 1996: Report by the Special Rapporteur on Myanmar
      Date of publication: 08 October 1996
      Description/subject: General Assembly, Fifty-first session. The Secretary-General has the honour to transmit to the members of the General Assembly the interim report on the situation of human rights in Myanmar, prepared by Judge Rajsoomer Lallah, Special Rapporteur of the Commission on Human Rights, in accordance with Commission resolution 1996/80 of 23 April 1996.
      Author/creator: Mr. Rajsoomer Lallah
      Language: English
      Source/publisher: United Nations (A/51/466)
      Format/size: pdf (94K), html
      Date of entry/update: 22 November 2010


      Title: CHR 1993: Report by the Special Rapporteur on Myanmar
      Date of publication: 17 February 1993
      Author/creator: Mr. Yozo Yokota
      Language: English
      Source/publisher: United Nations (E/CN.4/1993/37)
      Format/size: html
      Date of entry/update: 03 June 2003


      Title: Gen. Ne Win's Speech on the 1982 Citizenship Act
      Date of publication: 09 October 1982
      Description/subject: Meeting held in the Central Meeting Hall, President House, Ahlone Road, 8 October 1982. Translation of the speech by General Ne Win provided in The Working People’s Daily, 9 October 1982
      Language: English
      Source/publisher: "The Working People's Daily"
      Format/size: pdf (96K)
      Date of entry/update: 21 February 2009


    • Laws, decrees, bills and regulations relating to nationality, citizenship and immigration (texts)

      Websites/Multiple Documents

      Title: THE LAW RELATING TO FOREIGNERS AND CITIZENSHIP IN BURMA
      Date of publication: 1961
      Description/subject: Text and commentary: 1. The Foreigners Act, 1864... 2. The Registration of Foreigners Act, 1940... 3. The Registration of Foreigners Rules, 1948... 4. Exemptions under the said Act... 5. The Burma Passport Act, 1920... 6. The Burma Passport Rules, 1948... 7. The Burma Extradition Act, 1903... 8. The Burma Immigration ( Emergency Provisions) Act, 1947... 9. The Burma Immigration (Detention) Rules, 1951... 10. The Transfer of Immoveable Property (Restriction) Act, 1947... 11. The Transfer of Immoveable Property ( Restriction) Rules, 1956... 12. The Union Citizenship Act, 1948... 13. The Union Citizenship Regulations, 1949... 14. The Union Citizenship (Election) Act, 1948... 15. The Union Citizenship Election Rules, 1948.... 16. Appendix I - Forms... 17. Appendix II-Burma Independence Act, 1947...
      Author/creator: S. L. VERMA, B. A., B. L.,
      Language: English, Burmese
      Source/publisher: RISHI RAJ VERMA
      Format/size: pdf (6.4MB)
      Date of entry/update: 18 July 2012


      Individual Documents

      Title: The Law Amending the Myanmar Citizenship Law - SLORC Law No 4/97 (English)
      Date of publication: 02 March 1997
      Description/subject: The State Law and Order Restoration Council... The Law Amending the Myanmar Citizenship Law... (The State Law and Order Restoration Council Law No 4/97)... The 8th Waning of Tabodwe, 1358 ME (2nd March,1997)
      Language: English
      Source/publisher: State Law and Order Restoration Council (SLORC)
      Format/size: pdf (54K)
      Date of entry/update: 12 June 2013


      Title: The Law Amending the Myanmar Immigration (Emergency Provisions) Act, 1947 - SLORC Law No. 2/90 (English)
      Date of publication: 22 January 1990
      Description/subject: The State Law and Order Restoration Council - The Law Amending the Myanmar Immigration (Emergency Provisions) Act, 1947 - (The State Law and Order Restoration Council Law No. 2/90) - 12th Waning Day of Pyat ho, 1351 M.E. (22nd January, 1990
      Language: English
      Source/publisher: State Law and Order Restoration Council (SLORC) via The Burma Lawyers' Council
      Format/size: pdf (55K)
      Date of entry/update: 13 June 2013


      Title: Burma Citizenship Law of 1982 (Burmese)
      Date of publication: 15 October 1982
      Description/subject: Pyithu Hluttaw Law No. 4 of 1982
      Language: Burmese/ ျမန္မာဘာသာ
      Source/publisher: Pyithu Hluttaw
      Format/size: pdf (743K)
      Date of entry/update: 03 August 2012


      Title: Burma Citizenship Law of 1982 (English)
      Date of publication: 15 October 1982
      Description/subject: (Pyithu Hluttaw Law No. 4 of 1982)
      Language: English
      Source/publisher: Pyithu Hluttaw via "The Working People's Daily"
      Format/size: html (30K)
      Date of entry/update: 03 June 2003


      Title: Exemption Order N o . 4 Under the Registration of Foreigners Act
      Date of publication: 01 October 1960
      Description/subject: AS AMENDED UP TO 1ST OCTOBER 1960... 1. The provisions of the Registration of Foreigners Rules, 1940 (hereinafter in this Order referred to as the rules), shall not apply to, or in relation to, any person who proves to the satisfaction of the Registration Officer that he has not attained the age of eighteen years, provided that the necessary particulars in regard to such person are entered against item 12 of Form A in respect of his parents and that he holds a Certificate of Identity in Form AA. 2. The provisions of the rules shall not apply to —
      Language: English
      Source/publisher: Government of the Union of Burma
      Format/size: pdf (100K)
      Date of entry/update: 04 May 2013


      Title: RESIDENTS OF BURMA REGISTRATION RULES, 1951
      Date of publication: 1951
      Description/subject: (UNOFFICIAL TRANSLATION)
      Language: English
      Source/publisher: Government of the Union of Burma
      Format/size: pdf (20K)
      Date of entry/update: 11 January 2012


      Title: THE RESIDENTS OF BURMA REGISTRATION ACT, 1949
      Date of publication: 1949
      Description/subject: (UNOFFICIAL TRANSLATION)
      Language: English
      Source/publisher: Government of the Union of Burma
      Format/size: pdf (58K)
      Date of entry/update: 11 January 2012


      Title: The Union Citizenship (Election) Act, 1948
      Date of publication: 15 January 1948
      Description/subject: (Act No XXVI of 1948 ) [This Act was amended by Acts XXVII of 1954 and XXXII of 1957 – the original Act, without amendments, is reproduced below]
      Language: English
      Source/publisher: Govt. of Burma
      Format/size: html (44K)
      Date of entry/update: 03 June 2003


      Title: The Union Citizenship Act, 1948
      Date of publication: 04 January 1948
      Description/subject: (Act No. LXVI of 1948.) As amended up to 1st December 1960. "This Act may be called the Union Citizenship Act, 1948. (2) It shall extend to the whole of the Union of Burma and shall be deemed to have come into force on the 4th day of January, 1948, 9th Waning, Pyatho, 1390 B. E..."
      Language: English
      Source/publisher: Govt. of Burma
      Format/size: html (37K)
      Date of entry/update: 03 June 2003


      Title: The Registration of Foreigners Rules, 1948
      Date of publication: January 1948
      Description/subject: Entry into force, 4th January 1949.
      Language: English
      Source/publisher: Govt. of Burma
      Format/size: html
      Date of entry/update: 03 June 2003


      Title: The Burma Immigration (Emergency Provisions) Act, 1947
      Date of publication: 13 June 1947
      Description/subject: [This is the official text of the Act, Burma Act XXXI of 1947]... Though not originally intended to curb freedom of opinion and expression this law, along with the Electronics Act, the Import/Export Act and the Unlawful Associations Act, has been used against video journalists
      Language: English
      Source/publisher: Govt. of Burma ("The Burma Code" Vol. I)
      Format/size: pdf (69K)
      Date of entry/update: 03 June 2003


      Title: The Registration of Foreigners Act
      Date of publication: 28 March 1940
      Description/subject: Official text of the Act, Burma Act VII, 1940. Entry into force, 28th March 1940.
      Language: English
      Source/publisher: Govt. of Burma
      Format/size: pdf (56K); html
      Alternate URLs: http://www.blc-burma.org/html/Burma%20Code/lr_e_bc01_11.html
      Date of entry/update: 03 June 2003


      Title: The Burma Extradition Act
      Date of publication: 01 June 1904
      Description/subject: [This is the official text of the Act, originally as India Act XV, 1903, dated 1 June 1904 with subsequent amendments.]
      Language: English
      Source/publisher: Govt. of Burma via UNCHR
      Format/size: html
      Date of entry/update: 08 December 2010


      Title: The Foreigners Act
      Date of publication: 12 February 1864
      Description/subject: India Act III, 1864 (12th February, 1864) "WHEREAS it is expedient to make provisions to enable the President of the Union to prevent the subjects of Foreign States from residing or sojourning in the Union of Burma, or from passing through or travelling therein, without the consent of the President of the Union, it is enacted as follows:..."
      Language: English
      Source/publisher: Govt. of Burma
      Format/size: html (33K)
      Alternate URLs: http://www.unhcr.org/refworld/docid/3ae6b54c4.html
      Date of entry/update: 03 June 2003


  • Opinion and expression

    • Laws, decrees, bills and regulations relating to opinion and expression (commentary)

      Individual Documents

      Title: Background paper on freedom of expression in Myanmar
      Date of publication: 23 July 2014
      Description/subject: "...The paper briefly looks at the key laws in Myanmar that affect people’s freedom to seek and share information and ideas – whether that is through the media, in everyday conversations, on the Internet, or in demonstrations in the street. For each law, ARTICLE 19 briefly points out where the main obstacles are to protecting and promoting the right to freedom of expression. It explains what international human rights law requires the government to do – or not do – in a certain area, in order to respect, protect and fulfil the right to freedom of expression..."
      Language: English, Burmese/ ျမန္မာဘာသာ
      Source/publisher: Article 19
      Format/size: pdf (253K)
      Alternate URLs: http://www.article19.org/data/files/medialibrary/37630/background-paper.pdf
      Date of entry/update: 24 July 2014


      Title: Beginners’ guide to content restriction အေၾကာင္းအရာကန္႔သတ္ခ်က္ဆိုင္ရာ ေယဘုယ်စည္းမ်ဥ္းမ်ား
      Date of publication: 23 July 2014
      Description/subject: ARTICLE 19 launched this beginners’ guide as part of our work on reform in Myanmar. It is part of a series of such guides which are available at www.article19.org လြတ္လပ္စြာထုတ္ေဖာ္ေျပာဆိုခြင့္ႏွင့္ပတ္သတ္ေသာ နိုင္ငံတကာစံႏႈန္းမ်ား 5 International standards on the right to free expression အေၾကာင္းအရာကန္႕သတ္ခ်က္ဆိုင္ရာေယဘုယ်စည္းမ်ဥ္းမ်ား 13 General rules on content restrictions အေၾကာင္းအရာကန္႔သတ္ထိန္းခ်ဳပ္မႈ၏ သီးျခားအမႈမ်ား 18 Specific cases of content restriction အသေရဖ်က္ျခင္း 19 Defamation အမိ်ဳးသားလံုျခံဳေရးကာကြယ္ေရး၊လူထုျငိမ္၀ပ္ပိျပားေရးႏွင့္လူထုလံုျခံဳ စိတ္ခ်ေရး 33 Protection of national security, public order, public safety အမုန္းတရားျဖစ္ရန္လႈံ႕ေဆာ္ျခင္း 40 Incitement to hatred ဘာသာေရးကုိေစာ္ကားေသာ(ဘုရားသခင္ကိုဆဲဆိုေသာစကား)ကိုထိန္းခ်ုဳပ္သည့္ဥပေဒ 53 Blasphemy laws သတင္းမွား 58 False news ျပည္သူ႕နီတိ 62 Public morals ကိုယ္ပိုင္လြတ္လပ္ခြင့္ 67 Privacy
      Language: English, Burmese/ ျမန္မာဘာသာ
      Source/publisher: Article 19
      Format/size: pdf (327K)
      Alternate URLs: http://www.article19.org/data/files/medialibrary/37633/beginners-guides-to-content-restrictions.pdf
      Date of entry/update: 25 July 2014


      Title: Beginners’ guide to freedom of expression laws အေျခခံအဆင့္ ႏိုင္ငံတကာလူ႔အခြင့္အေရး ဥပေဒ လမ္းညႊန္
      Date of publication: 23 July 2014
      Description/subject: ျမန္မာျပည္ ျပဳျပင္ေျပာင္းလဲေရးဆိုင္ရာ လုပ္ငန္းစဥ္အျဖစ္ ၂၀၁၂ တြင္ အေျခခံအဆင့္ ႏိုင္ငံတကာ လူ႔အခြင့္အေရး ဥပေဒ လမ္းညႊန္စာအုပ္ကို ထုတ္ေ၀ခဲ့သည္။ ဤလမ္းညႊန္ စာအုပ္တြင္ လြတ္လ ပ္စြာထုတ္ေဖာ္ေျပာဆုိင္ခြင့္ကို ေလးစားရန္၊ ကာကြယ္ေစာင့္ေရွာက္ရန္ႏွင့္ ျမင့္တင္ရန္ အစိုးရ မ်ား လုပ္ေဆာင္ရမည့္အရာ၊ မလုပ္ေဆာင္သင့္သည့္အရာမ်ား ကို ရွင္းျပထားသည္။ ARTICLE 19 launched this beginners’ guide as part of our work on reform in Myanmar. It is part of a series of such guides which are available at www.article19.org Regulating print media 3 ပံုႏွိပ္မီဒီယာကို စည္းမ်ဥ္းျဖင့္ ထိန္းခ်ဳပ္ျခင္း Regulating journalists 13 သတင္းေထာက္မ်ားကို စည္းမ်ဥ္းျဖင့္ ထိန္းခ်ဳပ္ျခင္း Regulating the internet 27 အင္တာနက္ကို စည္းမ်ဥ္းျဖင့္ ထိန္းခ်ဳပ္ျခင္း Regulating broadcast media 37 ရုပ္သံလြင့္မီဒီယာကို စီးမ်ဥ္းျဖင့္ထိန္းခ်ဳပ္ျခင္း Regulating film 49 ရုပ္ရွင္ကိုထိန္းခ်ဳပ္ျခငး္ Regulating freedom of assembly 53 ျငိမ္းခ်မ္းစြာစုေ၀ျခင္း Regulating assess to public information 61 အမ်ားျပည္သူဆိုင္ရာသတင္းအခ်က္အလက္မ်ား ရယူျခင္း
      Language: English, Burmese/ ျမန္မာဘာသာ
      Source/publisher: Article 19
      Format/size: pdf (259K)
      Alternate URLs: http://www.article19.org/resources.php/resource/37632/en/beginners%E2%80%99-guide-to-freedom-of-expression-laws-for-myanmar
      Date of entry/update: 25 July 2014


      Title: Myanmar: News Media Law - legal analysis (English)
      Date of publication: 18 July 2014
      Description/subject: Executive summary: "This analysis examines the compliance of the 2014 News Media Law of Myanmar with international standards on freedom of expression and media freedom. The News Media Law introduces some guarantees for media freedom, such as the prohibition of censorship and the recognition of specific rights of media workers. This may be seen as a positive attempt to begin dismantling the extensive apparatus of censorship in the country, and the government should be encouraged to build upon the positive elements of the Law. However, ARTICLE 19 remains seriously concerned with shortcomings in the law. The safeguards for media freedom are heavily qualified and insufficient to meet international standards. All types of media, including print, broadcast and Internet- based media, remain under the unrestricted control of the government through the Media Council. The Media Council is not independent from government, and therefore fails to sufficiently safeguard the media from the application of content-based criminal laws that, while not imposing custodial sentences, still unjustifiably limit freedom of expression. ARTICLE 19 calls on the Myanmar authorities to ratify the International Covenant on Civil and Political Rights (ICCPR) and comprehensively reform the News Media Law in order to ensure its compliance with international st andards on freedom of expression."
      Language: English
      Source/publisher: Article 19
      Format/size: pdf (154K)
      Alternate URLs: http://www.article19.org/data/files/medialibrary/37623/News-Media-Law-Myanmar-EN.pdf
      Date of entry/update: 21 July 2014


      Title: Myanmar: News Media Law - legal analysis - မန္မမာႏိုင္ငံ - သတင္းမီဒီယမဥပေဒ (Burmese/ ျမန္မာဘာသာ)
      Date of publication: 18 July 2014
      Description/subject: အစီရင္ခံစမ အက်ဥ္းခ််ဳပ္ ယခုသံုးသပ္မႈသည္ ၂ ၀ ၁ ၄ ခုာႏွစ္တြင္ ျပဌမန္းခ ဲ့သည္ဲ့ ျမန္မမာႏိုင္ငံ၏ သတင္းမီဒီယမဥပေဒသည္ ာႏို္င္ငံတကမ လြတ္လပ္စြမ ေဖမ္ျပ ေျပမဆိုခြင္ဲ့၊ သတင္းလြတ္လပ္ခြင္ဲ့ဆိုင္ရမ စံာႏႈန္းမ်မးာႏွင္ဲ့ ကိုက္ညီမႈ ရွိ - မရွိကို စိစစ္သံုးသပ္္မးျခင္း ျဖစ္ပါသည္။ သတင္းမီဒီယမ ဥပေဒအေနျဖင္ဲ့ သတင္းမီဒီယမ လြတ္လပ္ခြင္ဲ့ကို တစ္စံုတစ္ရမ အစပ််ဳိး ခြင္ဲ့ျပ်ဳ္မးပါသည္။ ဥပမမအမးျဖင္ဲ့ - ဆင္ဆမ စိစစ္တည္းျဖတ္မႈကို တမးျမစ္္မးျခင္း၊ " သတင္း မီဒီယမသမမးမ်မး " ၏ တိက်ေသမ အခြင္ဲ့အေ ရးမ်မးကို အသိ အမွတ္ျပ်ဳ္မးျခင္းတို႔ ျဖစ္ပါသည္။ ဤသည္မွမ အျပ်ဳသေဘမ လုပ္ေဆမင္မႈအျဖစ္ ရႈျမင္ာႏိုင္ၿပီး၊ ာႏိုင္ငံအတြင္း အက်ယ္အျပန္႔ က်င္ဲ့သံုးေနသည္ဲ့ ဆင္ဆမစိစစ္ တည္းျဖတ္မႈ ယာႏၱယမးမ်မးကို စတင္ၿဖိ်ဳဖ်က္ခ်လိုက္ျခင္းပင္ ျဖစ္ပါသည္။ သို႔ျဖစ္ရမ ျမန္မမ အစိုးရအေနျဖင္ဲ့ ယခုဥပေဒ၏ အျပ်ဳသေဘမေဆမင္ေသမ ျပဌမန္းခ်က္မ်မးမွေန၍ ဆက္၍ တည္ေဆမက္သြမးပါရန္လည္း တိုက္တြန္းလိုပါသည္။ သို႔ေသမ္လည္း၊ ပုဒ္မ ( ၁ ၉ ) ARTICLE 19 အဖြ ႔အေနျဖင္ဲ့ ဥပေဒ၏ လိုအပ္ခ်က္မ်မးအေပၚ ႀကီးေလးစြမ စိုးရိမ္ပူပန္မႈမ်မး ရွိေန ပါသည္။ သတင္းမီဒီယမ လြတ္လပ္ခြင္ဲ့အေပၚ ကမကြယ္ေစမငဲ့္ေရွမက္မႈေ ပးျခင္းမွမ အရည္အေသြးမ်မးစြမ ျမင္ဲ့တက္လမေသမ္ လည္း၊ ာႏိုင္ငံတကမ စံာႏႈန္းမ်မးကို ျပည္ဲ့မီျခင္း မရွိေသးပါ။ ပံုာႏွိပ္၊ ္ုတ္လႊင္ဲ့ ာႏွင္ဲ့ အင္တမနက္အေျခခံ မီဒီယမမ်မး အပါအဝင္ မီဒီယမအမ််ဳိးအမည္ အမးလံုးတို႔သည္ သတင္းမီဒီယမ ေကမင္စီ၏ တင္းက်ပ္စြမ ခ််ဳပ္ခ်ယ္မႈမဟုတ္ေသမ ္ိန္းခ််ဳပ္မ တစ္စံု တစ္ရမေအမက္၌ ရွိေနၾကဆ ျဖစ္ပါသည္။ ယင္းသတင္းမီဒီယမေကမင္စီသည္ အစိုးရာႏွင္ဲ့ သီးျခမး လြတ္လပ္ေနျခင္း မရွိပါ။ သို႔အတြက္ေၾကမင္ဲ့ အေၾကမင္းအရမအေပၚ အေျခခံ၍ ရမဇဝတ္မႈဥပေဒမ်မးျဖင္ဲ့ အသံုးခ် အေရးယူာႏိုင္သည္ဲ့အတြက္၊ သတင္း မီဒီယမမ်မးကို လံုေလမက္စြမ ကမကြယ္မႈ ေပးာႏိုင္ျခင္း မရွိပါ။ ယင္းေကမင္စီက ဆံုးျဖတ္၍ အျပစ္ေပးအေရးယူမႈမ်မး ျပ်ဳာႏိုင္ ျခင္း မရွိေသမ္လည္း၊ က််ဳိးေၾကမင္းခိုင္လံုမႈ မရွိဘ လြတ္လပ္စြမ ေဖမ္ျပေျပမဆိုခြင္ဲ့ကို ကန္႔သတ္ျခင္းမ်မး ရွိေနဆ ျဖစ္ပါသည္။ ပုဒ္မ ( ၁ ၉ ) ARTICLE 19 အဖြ ႔က ျမန္မမအမဏမပိုင္မ်မးအေနျဖင္ဲ့ အျပည္ျပည္ဆိုင္ရမ ာႏိုင္ငံသမးအခြင္ဲ့အေရးာႏွင္ဲ့ ာႏိုင္ငံေရး အခြင္ဲ့အေရးမ်မးဆိုင္ရမ သေဘမတူညီခ်က္ ( " ICCPR " ) ကို အသိအမွတ္ျပ်ဳပါရန္ ာႏွင္ဲ့ သတင္းမီဒီယမ ဥပေဒကို ဖက္စံုျပည္ဲ့စံု စြမ ျပင္ဆင္ေရးဆြ ပါရန္ ေတမင္းဆိုလိုပါသည္။ သို႔မွသမ လြတ္လပ္စြမ ေဖမ္ျပေျပမဆိုခြင္ဲ့ ာႏိုင္ငံတကမစံခ်ိန္ စံာႏႈန္းမ်မး ာႏွင္ဲ့ ကိုက္ညီလိမ္ဲ့မည္ ျဖစ္ပါသည္
      Language: Burmese/ ျမန္မာဘာသာ
      Source/publisher: Article 19
      Format/size: pdf (161K)
      Alternate URLs: http://www.article19.org/data/files/medialibrary/37623/News-Media-Law-Myanmar-BU.pdf
      Date of entry/update: 25 July 2014


      Title: Myanmar: Disappointment surrounds amendment to assembly law
      Date of publication: 27 June 2014
      Description/subject: "ARTICLE 19 joins parliamentarians and civil society disappointed by the government’s failure to bring the Law on the Right to Peaceful Assembly and Peaceful Procession in line with human rights standards. Parliamentarians, including U Aung Zin, a member of ARTICLE 19’s civil society partner, the People’s Coalition for Free Expression, believed that they had successfully removed the notorious Section 18 from the Law, which requires demonstrators to get permission from the police prior to demonstrating. The law has led to the prosecution of hundreds of people, many of whom were demonstrating against key issues such as government corruption and land confiscations. Unfortunately, in the amendment signed by the president on 24 June, Section 18 remains. Instead of repealing it, Section 18 has been watered down by requiring the police to have a “valid” reason for refusing permission. It is unclear what the valid reasons are..."
      Language: English
      Source/publisher: Article 19
      Format/size: pdf (58K)
      Date of entry/update: 11 July 2014


      Title: Myanmar: Public service media needed but proposed bill inadequate (Burmese)
      Date of publication: 26 June 2013
      Language: Burmese/ ျမန္မာဘာသာ
      Source/publisher: Article 19
      Format/size: html (73K)
      Date of entry/update: 26 June 2013


      Title: Myanmar: Public service media needed but proposed bill inadequate (English)
      Date of publication: 26 June 2013
      Description/subject: "Establishing a genuine public service media is desperately needed in Myanmar to provide an independent, impartial and balanced source of information, and to encourage pluralism. Unfortunately, the proposed bill on public service media would if adopted continue state control of the media and the disenfranchisement of ethnic minorities. ARTICLE 19 urges parliament to make significant changes before adopting it..."
      Language: English
      Source/publisher: Article 19
      Format/size: pdf (102K), html (40K)
      Alternate URLs: http://www.article19.org/resources.php/resource/37123/en/myanmar:-public-service-media-needed-but-proposed-bill-inadequate
      Date of entry/update: 26 June 2013


      Title: Myanmar: Ministry's draft press bill would restore prior censorship and full government control (English and Burmese)
      Date of publication: 25 March 2013
      Description/subject: "A draft press bill put before parliament by the Minister of Information and Communications should be withdrawn or rejected when it has its first reading in June as it would be a major step backwards for freedom of expression and freedom of the media, restoring prior censorship and full governmental control over the press..."
      Language: English, Burmese/ ျမန္မာဘာသာ
      Source/publisher: Article 19
      Format/size: html
      Alternate URLs: http://www.article19.org/resources.php/resource/3679/my/
      Date of entry/update: 26 March 2013


      Title: Myanmar draft printer’s law to reverse media freedom gains
      Date of publication: 11 March 2013
      Description/subject: "The media community in Myanmar, international groups and observers are abuzz with criticism towards and protest against the Ministry of Information’s (MOI) draft Printers and Publishing Enterprise Law (PPEL) submitted to Parliament recently. And rightfully so. The PPEL bill ensures government's continued grip on the print media through licensing controls, which represent a renewal of the old 1962 Printers and Publications Act (PPA). Furthermore, the MOI’s lack of transparency surrounding the process points to a regime still unwilling to embrace media freedom in its fullest sense. The bill is being introduced by the MOI for the ostensibly benign purpose of establishing rules for conducting such businesses. Apart from the PPEL, bills to regulate the broadcast and online media are also on the agenda of the government..."...Commentary includes Burmese text
      Language: English, Burmese
      Source/publisher: Southeast Asian Press Alliance (SEAPA)
      Format/size: html
      Date of entry/update: 26 March 2013


      Title: Myanmar: Press bill falls far short of international law and would leave press open to abuse (English and Burmese)
      Date of publication: 27 February 2013
      Description/subject: "Despite promises of reform, a new press bill to be presented in parliament retains a vagueness that will leave the print media open to abuse from the government and other powerful actors. "The draft Press Law Bill (2013) says that the media should become “a fourth pillar” of democracy “watching and guiding the other three”. The media will not however become a fourth pillar under this draft because it undermines their role and overly restricts their work...The bill has both positive and negative aspects. On the positive side, it repeals draconian laws and replaces them with provisions that proclaim human rights. On the negative side it falls substantially below international freedom of expression standards..."
      Language: English, Burmese/ ျမန္မာဘာသာ
      Source/publisher: Article 19
      Format/size: html (Commentary, English and Burmese), pdf (3.35-draft bill)
      Alternate URLs: http://www.article19.org/resources.php/resource/3626/my/%E1%80%BB%E1%80%99%E1%80%94%E1%80%B9%E1%80%99%E1%80%AC%E1%81%8B%20%E1%81%8B%E1%80%95%E1%80%B6%E1%80%AF%E1%82%8F%E1%80%BD%E1%80%AD%E1%80%95%E1%80%B9%E1%82%8F%E1%80%BD%E1%80%84%E1%80%B7%E1%80%B9%E1%80%9E%E1%80%90%E1%80%84%E1%80%B9%E1%80%B8%E1%80%99%E1%80%AE%E1%80%92%E1%80%AE%E1%80%9A%E1%80%AC%20%E1%80%A5%E1%80%95%E1%80%B1%E1%80%92%E1%80%99%E1%80%B0%E1%81%BE%E1%80%80%E1%80%99%E1%80%B9%E1%80%B8%E1%80%9E%E1%80%8A%E1%80%B9%20%E1%82%8F%E1%80%AF%E1%80%AD%E1%80%84%E1%80%B9%E1%80%84%E1%80%B6%E1%80%90%E1%80%80%E1%80%AC%E1%80%A5%E1%80%95%E1%80%B1%E1%80%92%E1%80%85%E1%80%B6%E1%80%81%E1%80%BA%E1%80%AD%E1%80%94%E1%80%B9%E1%80%80%E1%80%AD%E1%80%AF%20%E1%80%9C%E1%80%80%E1%80%B9%E1%80%9C%E1%80%BD%E1%80%99%E1%80%B9%E1%80%B8%20%E1%80%99%E1%80%99%E1%80%BD%E1%80%AE%E1%82%8F%E1%80%AD%E1%80%AF%E1%80%84%E1%80%B9%E1%80%9E%E1%80%8A%E1%80%B7%E1%80%B9%E1%80%A1%E1%80%BB%E1%80%95%E1%80%84%E1%80%B9%20%E1%80%9E%E1%80%90%E1%80%84%E1%80%B9%E1%80%B8%E1%80%99%E1%80%AE%E1%80%92%E1%80%AE%E1%80%9A%E1%80%AC%E1%80%A1%E1%80%AC%E1%80%B8%20%E1%80%A1%E1%80%9C%E1%80%BC%E1%80%B2%E1%80%9E%E1%80%B6%E1%80%AF%E1%80%B8%E1%80%85%E1%80%AC%E1%80%B8%E1%80%BB%E1%80%95%E1%80%B3%E1%80%9C%E1%80%AF%E1%80%95%E1%80%B9%E1%82%8F%E1%80%AF%E1%80%AD%E1%80%84%E1%80%B9%E1%80%9B%E1%80%94%E1%80%B9%20%E1%80%9C%E1%80%99%E1%80%B9%E1%80%B8%E1%80%96%E1%80%BC%E1%80%84%E1%80%B7%E1%80%B9%E1%80%B1%E1%80%95%E1%80%B8%E1%80%BB%E1%80%81%E1%80%84%E1%80%B9%E1%80%B8%E1%80%BB%E1%80%96%E1%80%85%E1%80%B9%E1%80%9C%E1%80%AD%E1%80%99%E1%80%B7%E1%80%B9%E1%80%99%E1%80%8A%E1%80%B9
      Date of entry/update: 27 February 2013


      Title: Beginners’ guide to freedom of expression laws အေျခခံအဆင့္ ႏိုင္ငံတကာလူ႔အခြင့္အေရး ဥပေဒ လမ္းညႊန္
      Date of publication: 18 December 2012
      Description/subject: ARTICLE 19 launched a new series of beginners’ guides to international human rights law in 2012 as part of our work on reform in Burma. The guides explain what governments are expected to do – or not do – in order to respect, protect and fulfil the right to freedom of expression. ျမန္မာျပည္ ျပဳျပင္ေျပာင္းလဲေရးဆိုင္ရာ လုပ္ငန္းစဥ္အျဖစ္ ၂၀၁၂ တြင္ အေျခခံအဆင့္ ႏိုင္ငံတကာ လူ႔အခြင့္အေရး ဥပေဒ လမ္းညႊန္စာအုပ္ကို ထုတ္ေ၀ခဲ့သည္။ ဤလမ္းညႊန္ စာအုပ္တြင္ လြတ္လ ပ္စြာထုတ္ေဖာ္ေျပာဆုိင္ခြင့္ကို ေလးစားရန္၊ ကာကြယ္ေစာင့္ေရွာက္ရန္ႏွင့္ ျမင့္တင္ရန္ အစိုးရ မ်ား လုပ္ေဆာင္ရမည့္အရာ၊ မလုပ္ေဆာင္သင့္သည့္အရာမ်ား ကို ရွင္းျပထားသည္။... Regulating print media ပံုႏွိပ္မီဒီယာကို စည္းမ်ဥ္းျဖင့္ ထိန္းခ်ဳပ္ျခင္း ... Regulating journalists သတင္းေထာက္မ်ားကို စည္းမ်ဥ္းျဖင့္ ထိန္းခ်ဳပ္ျခင္း ... Regulating the internet အင္တာနက္ကို စည္းမ်ဥ္းျဖင့္ ထိန္းခ်ဳပ္ျခင္း ... Regulating broadcast media ရုပ္သံလြင့္မီဒီယာကို စီးမ်ဥ္းျဖင့္ထိန္းခ်ဳပ္ျခင္း
      Language: English, Burmese/ ျမန္မာဘာသာ
      Source/publisher: Article 19
      Format/size: pdf (286K)
      Date of entry/update: 11 July 2014


      Title: Myanmar: The Decree on the Right to Peaceful Assembly and Peaceful Procession 2012 - Legal Analysis (English and Burmese)
      Date of publication: 20 September 2012
      Description/subject: Executive Summary and Recommendations: In July 2012, "ARTICLE 19 analysed the Decree on the Right to Peaceful Assembly and Peaceful Procession of Myanmar, adopted by the Government of the Republic of the Union of Myanmar on 5 July 2012. The provisions of the Decree were examined for their compliance with international standards on human rights. Myanmar has neither signed nor ratified the International Covenant on Civil and Political Rights or other principal human rights treaties. Nevertheless, ARTICLE 19 suggests that guarantees to the right to freedom of expression and freedom of assembly, as provided by Article 364 of the Constitution of Myanmar, allow a wide scope for interpretation and that international standards regarding these rights should provide guidance to such an interpretation. In the analysis, ARTICLE 19 appreciates the Decree’s recognition of the state duty to protect assembly participants. However, the requirement for permission to hold an assembly, the grounds for denying permission, the lack of a court appeal and the absence of guarantees for media access to assemblies are problematic and must be urgently revised. ARTICLE 19 also calls on the Government of Myanmar – in consultation with civil society - to review other legislative measures in light of international standards and to make them compliant with these standards. Recommendations ARTICLE 19 calls on the Government of Myanmar: • To sign and ratify the International Covenant on Civil and Political Rights; • To invite the UN special rapporteur on freedom of peaceful assembly and association and the special rapporteur on freedom of opinion and expression to visit Myanmar; • To ensure that the right to peaceful assembly and the right to freedom of expression are safeguarded in line with international standards; • To revise the Decree on the Right to Peaceful Assembly and Peaceful Procession in accordance with international standards on freedom of expression and freedom of assembly, as recommended by ARTICLE 19; • To initiate public discussion about the current legal framework on peaceful assemblies and engage in consultation with civil society representatives on how to improve the relevant legislation. ARTICLE 19 calls on civil society in Myanmar: • To engage in public debates and consultation with the government on how to improve the domestic legislation on peaceful assembly; • To form coalitions between civil society organisations and launch public education campaigns on the right to peaceful assembly and the right to freedom of expression; • To draft legislative proposals and advocate for specific changes in domestic legislation aiming at the improvement of the protection of the right to peaceful assembly and the right to freedom of expression; • To seek partnerships with international organisations in a specific mandate on the right to freedom of expression and the right to peaceful assembly."
      Language: English, Burmese/ ျမန္မာဘာသာ
      Source/publisher: Article 19
      Format/size: pdf (346K-English; 6.54MB-Burmese))
      Alternate URLs: http://www.article19.org/data/files/medialibrary/3440/12-09-19-LA-Myanmar-BU.pdf
      http://www.article19.org/resources.php/resource/3440/en/myanmar:-law-on-assembly-and-procession-inconsistent-with-human-rights
      Date of entry/update: 24 September 2012


      Title: Analysis of the Guarantees of Freedom of Expression in the 2008 Constitution of the Republic of the Union of Myanmar August 2012
      Date of publication: August 2012
      Description/subject: "When it was first introduced in 2008, the new Constitution of the Republic of the Union of Myanmar was deemed to be a great improvement over the previous constitution. An important part of this was the more robust guarantees it included for human rights. And an important part of the latter was its relatively strong guarantees for freedom of expression. At the same time, the guarantees for freedom of expression in the 2008 Constitution do not fully meet international standards in this area. This Analysis outlines the key attributes of international standards, and indicate how the guarantees of freedom of expression in the 2008 Constitution fail to meet these standards..."
      Language: English
      Source/publisher: Centre for Law and Democracy (CLD); International Media Support (IMS)
      Format/size: pdf (456K)
      Date of entry/update: 03 September 2012


      Title: Burma: Role of freedom of expression in democratisation processes
      Date of publication: 29 March 2012
      Description/subject: 29 Mar 2012 Presentation to the Conference on Media Development in Myanmar, Organised by the Ministry of Information and UNESCO Rangoon, Myanmar, March 19-20, 2012.....CONCLUSION: "...At the outset I emphasised that law is the essential business of government and noted the critical part to be played by the tripartite system of law making, law enacting and law protection. The legislators, executive and judiciary fulfil critical functions without which the rule of law fails and the fabric of sustainable society falls. To set solid foundations for sustainable society, there are important laws, which should be drafted according to international standard and enacted accordingly. Critical are those that protect and uphold the rights to freedoms of expression, assembly and information and freedom of the press. They are a stable society’s backbone and shoulder blades. Robust legal frameworks for freedoms of expression, information and the media are critical and irrevocable human rights in their own right. They are also powerful social goods in that they enable government to fulfil its tri-partite functions, to maintain its responsibilities to the law and to uphold the best practices of good governance. The transparency provided by freedom of information, the scrutiny provided by freedom of the press and the critique provided by freedom of expression create the environment in which high quality accountability government can flourish and deepen. In other words if law is the skeletal framework on which stands and falls the strength and sustainability of a society, then the rights to freedoms of expression, information and the press is also a government’s personal trainer! A challenge, a goal, an encouragement and a motivator: without which no government can perform to the highest standard or achieve the best possible for those who give governments its raison d’etre: the people."
      Author/creator: Agnes Callamard
      Language: English
      Source/publisher: Article 19
      Format/size: html
      Date of entry/update: 01 April 2012


      Title: Acts of Oppression: Censorship and the law in Burma
      Date of publication: March 1999
      Description/subject: "Freedom of expression has been one of the prime casualties of prolonged military rule in Burma. Since the army first began controlling the levers of state power in 1962, numerous publications have been censored or banned; hundreds of journalists, writers, poets, playwrights and cartoonists, as well as pro-democracy activists have been arrested, detained or sentenced to long prison terms, tortured, ill-treated or otherwise harassed, even killed, and tens of thousands of ordinary people have been punished simply for peacefully expressing their views. The impact has been immense and crippling, reverberating through all aspects of life in Burma and blighting the country?s social, cultural and, particularly, economic development. Years of strong-arm military dictatorship and misrule, buttressed by one of the world?s severest censorship regimes and systematic abuse of human rights, have driven thousands of Burma?s citizens to seek refuge abroad and marked out Burma as a pariah within the international community of nation states..." Contents: I) INTRODUCTION; II) POLITICAL AND CONSTITUTIONAL BACKGROUND; III) FREEDOM OF EXPRESSION: AN HISTORICAL OVERVIEW; IV) THE STATE OF THE RULE OF LAW; V) FREEDOM OF EXPRESSION AND ITS PROTECTION IN LAW: (a) The constitutional position; (b) Specific legislative measures: a detailed analysis: 1 The Printers and Publishers Registration Law 1962; 2 Emergency Provisions Act 1950; 3 State Protection Law 1975; 4 The Television and Video Law; 5 The Motion Picture Law; 6 The Computer Science Development Law; 7 The Official Secrets Act 1923; 8 Other Laws. VI) EXTRA-LEGAL DENIAL OF FREE SPEECH. VII) CONCLUSIONS AND RECOMMENDATIONS.
      Author/creator: Venkat Iyer
      Language: English
      Source/publisher: Article 19 (ISBN 1 902598 04 0)
      Format/size: html (102K)
      Alternate URLs: http://www.article19.org/pdfs/publications/burma-acts-of-oppression.pdf
      Date of entry/update: 03 June 2003


      Title: Burma Beyond the Law
      Date of publication: August 1996
      Description/subject: "...Decades of military rule in Burma have prevented the rule of law from taking deep root during the country's post-colonial history. The concept of the rule of law suffered a particularly severe blow with the accession to power of the SLORC in the coup d'etat of 18 September 1988. Most of the laws passed since that date reveal a persistent disregard for internationally-recognized human rights norms. What is more, the few vestiges of constitutionalism and legality that remained at the time of the coup have been all but extinguished by this military government whose legitimacy to govern is highly questionable both under Burmese domestic law and international law...An indication of its lack of good faith is provided by the manner in which it has sought to force through proposals for constitutional reform which are designed to perpetuate military rule under the guise of democratic government. The National Convention, which it created without any mandate or consultation and whose working methods are so patently unfair and lacking in either transparency or legitimacy, bodes ill for the future of democracy and freedom in Burma. Urgent action is required to establish the rule of law, human rights and governmental accountability in Burma. Many of these recommendations have been made by the UN General Assembly and the Commission on Human Rights in successive resolutions on Burma since 1990..." FOREWORD... INTRODUCTION... 1 INACCESSIBILITY AND VAGUENESS OF LAWS... 2 CONSTITUTIONAL BACKGROUND... 3 THE LEGITIMACY OF THE COUP D'ETAT OF 18 SEPTEMBER 1988... 4 THE SLORC'S REFUSAL TO TRANSFER POWER: 4.1 The Position Under International Law; 4.2 The Position Under Burmese Domestic Law... 5 THE MARTIAL LAW MEASURES AND THEIR COMPATIBILITY WITH INTERNATIONAL LAW: 5.1 Some General Considerations; 5.2 The Martial Law Measures: A Detailed Analysis; 5.2.1 The Right to Life; 5.2.2 Arbitrary Arrest and Detention; 5.2.3 Cruel and Inhuman Detention Conditions; 5.2.4 Torture and Other Cruel, Inhuman or Degrading Treatment; 5.2.5 Fair Trial Concerns; 5.2.6 Freedom of Expression; 5.2.7 Forced Relocations; 5.2.8 Forced Labour and Forced Portering; 5.2.9 Citizenship Rights; 5.2.10 Freedom of Movement, Assembly and Association; 5.2.11 Right to Democratic Participation; 5.2.12 Human Rights Violations against Children and Women; 5.3 Violations of International Humanitarian Law... 6 CONSTITUTIONAL DEVELOPMENTS: THE NATIONAL CONVENTION... 7 THE SLORC'S SENSITIVITY TO INTERNATIONAL CRITICISM... 8 CONCLUSIONS AND RECOMMENDATIONS.
      Author/creator: K S Venkateswaran
      Language: English
      Source/publisher: Article 19
      Format/size: pdf (359K)
      Alternate URLs: http://www.article19.org/pdfs/publications/burma-beyond-law.pdf
      Date of entry/update: 11 June 2005


      Title: Censorship Prevails: Political Deadlock and Economic Transition in Burma
      Date of publication: March 1995
      Description/subject: "Burma remains one of the most heavily censored states in the world. The main instrument of day-to-day censorship continues to be the Printers and Publishers Registration Law of 1962. Introduced shortly after the military coup which brought Gen. Ne Win and his newly-formed BSPP to power, the law has been repeatedly expanded in scope and severity over the years, including by the present SLORC government. Currently, all books, magazines, periodicals, songs and films must be submitted under this law to the Press Scrutiny Board (PSB) prior to being printed or, in some cases, distributed. Books, for example, must be submitted to the PSB before printing and again afterwards to check that no changes have been made, whereas magazines, which must be legally registered, are required to take the more risky method of submitting copies for censorship only after they have been printed. Under the 1985 Video Law, all videos must also be submitted to the Video Censorship Board (which comes under the Film Censorship Board) for pre-publication scrutiny, reflecting the authorities' nervousness about the rapid proliferation of this form of expression..." Contents: 1 Overview of Recent Events; 2 Continuing Mechanisms of Censorship; 3 New Developments in the State Media; 4 Alternative Expression and the Private Sector Media; 4.1 Business Publications; 4.2 Film and Video; 4.3 Literary Rallies; 5 The SLORC's Political Reform Process; 6 Academic Freedom and Education; 7 Constraints on Freedom of Association and Movement; 8 Ethnic Minority Languages and Literature; 9 Foreign Media and Non-Governmental Organizations; 10 Conclusion and Recommendations. Appendix: Writers and Political Activists Imprisoned for the Peaceful Expression of Their Opinions.
      Author/creator: Martin Smith
      Language: English
      Source/publisher: Article 19 (ISBN 1 870798 77 5)
      Format/size: html (121K)
      Alternate URLs: http://www.article19.org/pdfs/publications/burma-censorship-prevails.pdf
      Date of entry/update: 03 June 2003


      Title: State of Fear: Censorship in Burma (Myanmar)
      Date of publication: December 1991
      Description/subject: "...T h i s report documents the extent and mechanisms of censorship in Burma and the many restrictions on political, cultural, religious and academic freedoms, both under the former BSPP government and its successor, the SLORC, which assumed power in September 1988. Since then, writers and journalists have continued to be detained, harassed and dismissed from their posts. Publications have been banned and, using new martial law restrictions, press censorship has been further tightened. Foreign journalists have been banned and the SLORC has launched frequent attacks on foreign news organizations and journalists..." 3 The Background to Crisis: 3.1 Economic and Social Collapse; 3.2 Ethnic Strife and Civil War; 3.3 Narcotics and AIDS; 3.4 Ecology; 3.5 Refugees; 3.6 The Issue of Human Rights... 4 Development of the Press in Burma: 4.1 The Colonial Era; 4.2 The Parliamentary Era... 5 The Legacy of the Burma Socialist Programme Party (BSPP): 5.1 The Ne Win Period; 5.2 The Media Under Ne Win; 5.3 The 1974 Constitution; 5.4 The Publishing Registration Law; 5.5 Alternative Expression; 5.6 Ethnic Minorities and Burmanization; 5.7 Religious Minorities; 5.8 Literacy... 6 The Press in the 1988 Democracy Summer: 7 The State Law and Order Restoration Council (SLORC); 7.1 SLORC Claims of Legitimacy; 7.2 SLORC's Use of the Law; 7.3 SLORC Actions in the pre-Election Period; 7.4 Restrictions on Movement and Forced Relocations of Civilians... 8 The 1990 General Election: 8.1 Arrests and Retrospective Laws in the post-Election Period; 8.2 Continuing Use of Press Laws to Stifle Freedom of Expression; 8.3 Ill-Treatment and Death in Custody of Poltical Prisoners... 9 Cultural and Political Expression Under the SLORC: 9.1 Newspapers; 9.2 SLORC's Cultural Revolution; 9.3 Music and Films; 9.4 Journals, Books and Magazines; 9.5 Education; 9.6 Restrictions on Public Servants and Political Parties; 9.7 Religious Freedom; 9.8 Ethnic Minorities; 9.9 The Insurgent Press... 10 The SLORC and the International Community: 10.1 The Foreign Press; 10.2 The International Response; 10.3 The Reply from the SLORC; 10.4 The Role of the United Nations... 11 Summary of the SLORC Period and Prospects for the Future... 12 Conclusions and Recommendations... Appendix 1: Journalists,Writers and Intellectuals in Detention; Appendix 2: Country Statistics... Appendix 3: Extracts from "What has become of us?" by Min Lu... Appendix 4: SLORC Questionnaire to Public Servants, 1 April 1991... Appendix 5: SLORC Questionnaire to Political Parties, 5 August 1991... Appendix 6: Multilateral and Bilaterall Aid to Burma... Appendix 7: Foreign Company Investments and Trade in Burma... Select Bibliography. ISBN 1 870798 71 6
      Author/creator: Martin Smith
      Language: English
      Source/publisher: Article 19
      Format/size: pdf (451K - without covers; 720K - with covers)
      Alternate URLs: http://www.ibiblio.org/obl/docs3/State-of-Fear-ocr.pdf (with covers)
      Date of entry/update: 11 June 2005


    • Laws, decrees, bills and regulations relating to opinion and expression (texts)

      Websites/Multiple Documents

      Title: Myanmar laws and regulations related to Intellectual Property -
      Description/subject: Myanmar legislation related to intellectual property
      Language: English
      Source/publisher: World International Property Organisation (WIPO)
      Format/size: html/pdf
      Date of entry/update: 02 January 2013


      Individual Documents

      Title: Media Law - Pyidaungsu Hlattaw Law No. 12/2014 (English)
      Date of publication: 20 May 2014
      Description/subject: Unofficial English translation from the President's Office
      Language: English
      Source/publisher: Pyidaungsu Hlattaw via President's Office,
      Format/size: pdf (51K), html
      Alternate URLs: http://www.president-office.gov.mm/en/?q=hluttaw/law/2014/03/20/id-3460
      Date of entry/update: 30 May 2014


      Title: Media Law - Pyidaungsu Hlattaw Law No. 12/2014 (သတင်းမီဒီယာဥပေဒ - ၂၀၁၄ ခုနှစ်၊ ပြ ည်ေထာင်စုလွှတ်ေတာ်ဥပေဒအမှတ် ၁၂ ။) (Burmese)
      Date of publication: 14 March 2014
      Language: Burmese/ ျမန္မာဘာသာ
      Source/publisher: Pyidaungsu Hluttaw
      Format/size: pdf (70K)
      Date of entry/update: 03 June 2014


      Title: Public Service Media Bill (Burmese)
      Date of publication: June 2013
      Description/subject: Public Service Media Bill - (2013, Union Parliament Bill) - 1375 Year, Month Day (2013 Year, Month Day) - Preamble "The Union Parliament enacts this law in order to promote political, economic and social interests of the people as well as to transform the State-owned media into independent Public Service Media..."
      Language: Burmese/ ျမန္မာဘာသာ
      Source/publisher: Hluttaws
      Format/size: pdf (114K)
      Alternate URLs: http://www.article19.org/data/files/medialibrary/37123/Public-service-media-bill-MY.pdf
      Date of entry/update: 26 June 2013


      Title: Public Service Media Bill (English)
      Date of publication: June 2013
      Description/subject: Public Service Media Bill (2013, Union Parliament Bill) - 1375 Year, Month Day (2013 Year, Month Day) - Preamble: "The Union Parliament enacts this law in order to promote political, economic and social interests of the people as well as to transform the State-owned media into independent Public Service Media...".....See the Article 19 analysis of this bill in Laws, decrees, bills and regulations relating to opinion and expression (commentary)
      Language: English
      Source/publisher: Hluttaws via Article 19
      Format/size: pdf (147K)
      Alternate URLs: http://www.article19.org/resources.php/resource/37123/en/
      http://elevenmyanmar.com/national/2560-public-service-media-bill-unofficial-translation
      Date of entry/update: 26 June 2013


      Title: Printing and Publishing Enterprise Law Bill (English)
      Date of publication: March 2013
      Description/subject: "The Union Parliament hereby enacts this Act in order to implement printing and publishing enterprises in acco rdance with law in the Republic of the Union of Myanma..."
      Language: English
      Source/publisher: Union Parliament via Article 19 (unofficial English translation)
      Format/size: pdf (83K)
      Alternate URLs: http://www.burmalibrary.org/docs15/Printing-and-Publishing-Enterprise-Law-Bill-en.pdf
      Date of entry/update: 26 March 2013


      Title: Printing and Publishing Enterprise Law Bill (Burmese) ပံုႏွိပ္ထုတ္ေ၀ျခင္းႏွင့္ ပံုႏွိပ္လုပ္ငန္း ဥပေဒမူၾကမ္း
      Date of publication: 27 February 2013
      Language: Burmese/ ျမန္မာဘာသာ
      Source/publisher: "Kyemon" ("The Mirror")
      Format/size: pdf (153K)
      Date of entry/update: 28 March 2013


      Title: Myanmar Press Law Bill - First Draft (English and Burmese) ျမန္မာပံုႏွိပ္စက္ ဥပေဒမူၾကမ္း
      Date of publication: February 2013
      Description/subject: This is the first draft of the legislation designed to replace the Printers and Publishers Registration Law of 1962... Does anyone know the date and location of the Burmese text ("Myanmar Alin"? Kyemon"?)
      Language: English, Burmese/ ျမန္မာဘာသာ
      Source/publisher: Burmese Parliament via Article 19 (Unofficial English translation
      Format/size: pdf (3.35MB)
      Date of entry/update: 05 March 2013


      Title: Directives of the Republic of the Union of Myanmar Ministry of Information - Press Scrutiny and Registration Division
      Date of publication: 07 June 2011
      Description/subject: This document contains 6 regulations (Directives 43-48) addressed to printers and publishers. It also contains an introduction and a list of publications. An unofficial English version is being prepared.
      Language: Burmese
      Source/publisher: Republic of the Union of Myanmar Ministry of Information - Press Scrutiny and Registration Division
      Format/size: pdf (1MB)
      Date of entry/update: 20 July 2011


      Title: The Electronic Transactions Law - SPDC Law No. 5/2004 (English)
      Date of publication: 30 April 2004
      Language: English
      Source/publisher: State Peace and Development Council (SPDC) via The Burma Lawyers' Council
      Format/size: pdf (91K), html (46K)
      Alternate URLs: http://www.burmalibrary.org/docs15/2004-SPDC_Law2004-05-Electronic_Transactions_Law-en.pdf
      Date of entry/update: 02 May 2004


      Title: The Law Amending the Computer Science Development Law - SPDC Law No. 3/98 (English)
      Date of publication: 12 February 1998
      Description/subject: The State Peace and Development Council... The Law Amending the Computer Science Development Law... (The State Peace and Development Council Law No. 3/98)... The 12th Waning Day of Tabodwe 1359 M.E. ( 12th February, 1998
      Language: English
      Source/publisher: State Peace and Development Council
      Format/size: pdf (52K)
      Date of entry/update: 12 June 2013


      Title: The Computer Science Development Law - SLORC Law No. 10/96 (English)
      Date of publication: 20 September 1996
      Description/subject: "The State Law and Order Restoration Council Law No. 10/96 The 8th Waxing of Tawthalin, 1358 M.E. (20th September, 1996). The State Law and Order Restoration Council hereby enacts the following Law: - CHAPTER 1: Title and Definition. 1.This Law shall be called the Computer Science Development Law. 2.The following expression contained in this Law shall have the meanings given hereunder..."
      Language: English
      Source/publisher: State Law and Order Restoration Council (SLORC)
      Format/size: pdf (52K; 77K)
      Alternate URLs: http://www.burmalibrary.org/docs15/1996-SLORC_Law1996-10-Computer_Science_Development_Law-en.pdf
      Date of entry/update: 03 June 2003


      Title: The Motion Picture Law - SLORC Law No.9/96 (English)
      Date of publication: 20 August 1996
      Description/subject: The State Law and Order Restoration Council... The Motion Picture Law (The State Law and Order Restoration Council Law No.9/96)... The 6th Waxing Day of Wagaung, 1358 M.E. (20th August, 1996)
      Language: English
      Source/publisher: The State Law and Order Restoration Council
      Format/size: pdf (28K; 79K)
      Alternate URLs: http://www.ibiblio.org/obl/docs3/Motion_picture_law.html
      http://www.burmalibrary.org/docs15/1996-SLORC_Law1996-09-Motion%20Picture%20Law-en.pdf
      Date of entry/update: 17 July 2005


      Title: The Television and Video Law - SLORC Law No. 8/96 (English)
      Date of publication: 29 July 1996
      Description/subject: (The State Law and Order Restoration Council Law No. 8/96)... The 14th Waxing Day of 2nd Waso, 1358 M.E. (29th July, 1996)
      Language: English
      Source/publisher: State Law and Order Restoration Council (SLORC)
      Format/size: pdf (30K; 81K)
      Alternate URLs: http://www.burmalibrary.org/docs15/1996-SLORC_Law1996-08-Television_and_Video_Law-en.pdf
      Date of entry/update: 31 May 2005


      Title: The Law Amending the Myanmar Wireless Telegraphy Act - SLORC Law No. 13/93 (English)
      Date of publication: 22 October 1993
      Description/subject: The State Law and Order Restoration Council - The Law Amending the Myanmar Wireless Telegraphy Act - (The State Law and Order Restoration Council Law No. 13/93) - The 7th Waxing Day of Thadinkyut, 1355 M.E (22nd October, 1993)
      Language: English
      Source/publisher: State Law and Order Restoration Council (SLORC)
      Format/size: pdf (54K)
      Date of entry/update: 13 June 2013


      Title: The Law Amending the 1962 Printers and Publishers Registration Law - SLORC Law No. 16/89 - (English)
      Date of publication: 18 June 1989
      Description/subject: Law No 16/89 -- the Law Amending the 1962 Printers and Publishers Registration Law of the State Law and Order Restoration Council, dated 18 June 1989 the 15th day of the waxing moon of Nayon, 1351 Burmese era
      Language: English
      Source/publisher: "Working People's Daily"
      Format/size: pdf (9.6K, 52K,); html (6K)
      Alternate URLs: http://www.ibiblio.org/obl/docs3/16-89-P&PRegActamdmt.htm
      http://www.burmalibrary.org/docs15/1989-SLORC_Law1989-16-The_Law_Amending_the_Printers_and_Publishers_Registration_Law-1962-en.pdf
      http://www.burmalibrary.org/docs6/Printers&Publishers_Act-amendment.pdf
      Date of entry/update: 16 July 2005


      Title: 1962 Printers and Publishers Registration Law (Burmese)
      Date of publication: 1962
      Language: Burmese/ ျမန္မာဘာသာ
      Source/publisher: Revolutionary Council via BLC
      Format/size: html
      Date of entry/update: 03 June 2003


      Title: 1962 Printers and Publishers Registration Law (English)
      Date of publication: 1962
      Description/subject: 1962 Printers and Publishers Registration Law (Law No. 1 amended by the Revolutionary Council of the Union of Myanmar, 1971)... Unofficial translation.
      Language: English
      Source/publisher: Revolutionary Council
      Format/size: pdf (61K); html (92K); Word (73K)
      Alternate URLs: http://www.ibiblio.org/obl/docs3/Printers_and_Publishers_Registation_Act.doc
      http://www.ibiblio.org/obl/docs3/Printers_and_Publishers_Registation_Act.htm
      Date of entry/update: 16 July 2005


      Title: The Control of Imports and Exports (Temporary) Act [Burma Act LVI, 1947]
      Date of publication: 30 September 1947
      Description/subject: Though not originally intended to curb freedom of opinion and expression this law, along with the Electronics Act, the Immigration Act and the Unlawful Associations Act, has been used against video journalists.
      Language: English
      Source/publisher: Government of the Union of Burma via "The Burma Code" Vol. III
      Format/size: pdf (70K)
      Date of entry/update: 03 June 2011


      Title: The Burma Immigration (Emergency Provisions) Act, 1947
      Date of publication: 13 June 1947
      Description/subject: [This is the official text of the Act, Burma Act XXXI of 1947]... Though not originally intended to curb freedom of opinion and expression this law, along with the Electronics Act, the Import/Export Act and the Unlawful Associations Act, has been used against video journalists
      Language: English
      Source/publisher: Govt. of Burma ("The Burma Code" Vol. I)
      Format/size: pdf (69K)
      Date of entry/update: 03 June 2003


      Title: Burma Wireless Telegraphy Act
      Date of publication: 01 January 1934
      Description/subject: [India Act XVII, 1933.] (1st January, 1934.)
      Language: English
      Source/publisher: Government of the Union of Burma (Burma Code Vol. VII)
      Format/size: pdf (69K)
      Date of entry/update: 18 July 2012


      Title: THE PRESS (EMERGENCY POWERS) ACT [INDIA ACT XXIII, 1931] (9th October, 1931)
      Date of publication: 09 October 1931
      Language: English
      Source/publisher: "Burma Code" Vol. II, Government of the Union of Burma, via Burma Lawyers' Council
      Format/size: html, pdf (123K)
      Alternate URLs: http://www.burmalibrary.org/docs13/Press-Emergency_Powers-Act.pdf
      Date of entry/update: 11 October 2011


      Title: Burma Copyright Act of 1914
      Date of publication: 24 February 1914
      Description/subject: Also known as the Myanmar Copyright Act of 1914...amendments are footnoted citing the Adaptation of Laws Order which is in "Burma Code Vol. 1 at http://www.burmalibrary.org/docs6/Adaptation_of_Laws_Order.pdf
      Language: English
      Source/publisher: Govt. of the Union of Burma: "The Burma Code" Vol. X
      Format/size: pdf (524K)
      Date of entry/update: 11 March 2009