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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