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Law and Constitution
The Burmese legal material in this section is divided into Texts and Commentary. Texts are (1) adopted laws ("Laws", "Acts"); (2) Bills (legislation proposed but not yet adopted); (3) implementing instruments ("rules", "regulations", "procedures", by(e)-laws" etc.) all of which we call "Regulations"... (4) Orders, notifications, announcements, orders etc. we call Decrees... Most commentaries are by the Government, the UN, NGOs, scholars or journalists.

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  • On sources and translations

    Individual Documents

    Title: Sources and translations
    Description/subject: SOURCES: Most of the legal material (laws and regulations) in OBL up to 2007 comes ultimately from two printed sources: "The Burma Code" - from the British period to the mid 1950s, published by the Government of the Union of Burma (Myanmar), and "Myanmar Laws" - by year from 1988-2007, published by the Office of the Myanmar Attorney-General. The initial task of selecting and scanning this material up to 2004 and putting it online was done by the Burma Lawyers' Council (BLC). Other websites, including OBL, have copied or drawn on these scans. Legislation between 1954 and 1988 is largely in Burmese. We are in the process of scanning this, uploading in Burmese and seeking translations. Other sources we have used, especially for the more recent material (English and Burmese), include websites such as Myanmars.net, the Myanmar Police Force, the President's Office, several ministries and the Government dailies - "The New Light of Myanmar" (English) and the "Mirror" ("Kyemon") and "Myanmar Alin" (Burmese). We have also used texts from the Displacement Solutions 2009 compilation of Burmese land legislation,"Housing, Land and Property Rights in Burma - The Current Legal Framework". Where no reliable online source was accessible, OBL has scanned the original printed material, where available. Since some of these texts were blurred or truncated in the margins, we have used square brackets to indicate any words in the original which are missing or unclear. We have noticed recently that some of the online versions contain spelling and other mistakes not in the original. We have begun to run spell-checks to eliminate these mistakes, checking against the original printed versions and leaving errors in the original in place....TRANSLATIONS: Most legal material in OBL up to 2007 is in the form of official English translations. Later material, especially since 2011, exists mainly in Burmese, with a number of official and unofficial translations of the more prominent texts. "Official", especially referring to recent material, does not necessarily mean good or accurate, and some of the unofficial English translations are superior to the official versions. The Burmese versions are authoritative. OBL's strategy is to put all available versions - Burmese and English - online, with indications of status and source.... We continue to search for missing texts, both English and Burmese.
    Language: English
    Source/publisher: Online Burma/Myanmar Library
    Format/size: html
    Date of entry/update: 10 June 2013


  • Links to online locations of Burma/Myanmar laws, decrees, bills, regulations etc.
    If you cannot find a particular item in OBL or these links, copy the title into a google search. Burmese versions of laws can sometimes be found in the "Mirror" (Kyemon) and "Myanmar Alin" shortly after they are adopted.

    Websites/Multiple Documents

    Title: ALTSEAN-Burma - list of new laws
    Date of publication: 25 March 2013
    Description/subject: Bills and enacted laws from 2011. 13 full texts in English (as of 31 May 2013). No Burmese
    Language: English
    Source/publisher: ALTSEAN-Burma
    Format/size: html
    Date of entry/update: 09 April 2013


    Title: Attorney General's Office - Legislation (Burmese and English)
    Description/subject: About 150 laws and regulations in English and Burmese, most from the early part of the 20th century
    Language: English, Burmese/ ျမန္မာဘာသာ
    Source/publisher: Office of the Attorney General
    Format/size: html, pdf
    Date of entry/update: 07 July 2014


    Title: Burma Lawyers' Council (BLC) archive
    Description/subject: The BLC site is not being updated at present,t but its large archive of laws and regulations (1988-2004) and other legal texts is accessible through archive.org
    Language: English, Burmese/ ျမန္မာဘာသာ
    Source/publisher: Burma Lawyers' Council
    Format/size: html
    Alternate URLs: http://www.blc-burma.org
    Date of entry/update: 16 May 2013


    Title: Government newspapers which sometimes carry texts of new bills and laws.
    Description/subject: The Government dailies "The New Light of Myanmar" (English) and, especially, the Burmese language "Myanmar Alin" and "The Mirror" / "Kyemon" frequently carry the texts of new bills and laws. The Online Burma/Myanmar Library has a fairly good archive of the "The New Light of Myanmar" but only partial archives of the Burmese dailies. See the links in this sub-section.
    Language: English, Burmese/ ျမန္မာဘာသာ
    Source/publisher: Republic of the Union of Myanmar
    Format/size: html, pdf
    Date of entry/update: 15 August 2013


    Title: Legislation Myanmar (Burma)
    Description/subject: Legislation up to 2010 - Most are links to non-functioning BLC site
    Language: English
    Source/publisher: Lexadin - The World Law Guide
    Format/size: html
    Date of entry/update: 17 July 2014


    Title: Myanmar Center - Legal and Regulatory Updates
    Description/subject: List of a few recent laws and bills - no full texts
    Language: English
    Source/publisher: http://bakerxchange.com (Myanmar Center Newsletter)
    Format/size: html
    Date of entry/update: 09 April 2013


    Title: Myanmar Investment Laws
    Description/subject: 11 investment-related laws in English
    Language: English
    Source/publisher: IM - Invest in Myanmar
    Format/size: html
    Date of entry/update: 09 July 2014


    Title: Myanmar Law Google Group
    Description/subject: "Welcome to the Myanmar Law Forum! This forum is for scholars and Myanmar watchers to share and comment on news and information about Myanmar law. I hope that this will help us to keep abreast of the latest developments and stimulate some interesting discussion."
    Language: English
    Source/publisher: Google.com
    Format/size: html
    Date of entry/update: 17 July 2013


    Title: Myanmar laws related to ILO standards
    Language: English
    Source/publisher: NATLEX (International Labour Organisation)
    Format/size: html
    Date of entry/update: 21 July 2014


    Title: Myanmar Legal
    Description/subject: "Myanmar Legal Services Limited (MLSL) has been in practice since 1998. The firm offers a broad range of legal advice and assistance in relation to local and international commercial transactions and aspects of doing business in Myanmar. MLSL was established to fill the gap in the Myanmar legal market for international standards legal services at reasonable rates..."
    Language: English
    Source/publisher: Myanmar Legal Services
    Format/size: html
    Date of entry/update: 04 June 2013


    Title: Myanmar Police Force
    Description/subject: This page has full texts of laws in Burmese
    Language: Burmese/ ျမန္မာဘာသာ
    Source/publisher: Myanmar Police Force
    Format/size: html, pdf
    Date of entry/update: 30 May 2013


    Title: Myanmar Supreme Court website
    Description/subject: Has a set of "The Burma Code" in the form of static image files of approximately 71MB per volume (rather challenging for Burma/Myanmar's Internet). Being image files, individual items cannot be copied.
    Language: English, Burmese/ ျမန္မာဘာသာ
    Source/publisher: Myanmar Supreme Court
    Format/size: html, pdf
    Date of entry/update: 08 November 2013


    Title: Myanmars.net - Myanmar Laws
    Description/subject: Useful collection of more than 200 full text Burma/Myanmar laws and regulations from the British period to November 2012 in English (older material) and (mainly) Burmese from 2011. There's a gap from May 2004 to April 2011 and from November 2012 to the present.
    Language: Burmese/ ျမန္မာဘာသာ , English
    Source/publisher: Myanmars. net
    Format/size: html
    Date of entry/update: 16 May 2013


    Title: Myanmarvisa.com
    Description/subject: Summaries of the regulations etc. of the Foreign Investment Law: - no full texts
    Language: English
    Source/publisher: Myanmarvisa.com
    Format/size: html
    Date of entry/update: 09 April 2013


    Title: Network Myanmar Political Database
    Description/subject: Archive of laws not found elsewhere
    Language: English, Burmese/ ျမန္မာဘာသာ
    Source/publisher: Network Myanmar
    Format/size: html, pdf
    Date of entry/update: 27 November 2013


    Title: Polastri Wint & Partners - Legal and Tax Advisors
    Description/subject: 36 unofficial translations into English (June 2014) of Burmese laws and regulations - most with commercial implications. Full text.
    Language: English
    Source/publisher: Polastri Wint & Partners
    Format/size: html
    Date of entry/update: 06 June 2014


    Title: President's Office - Laws (English and Burmese)
    Description/subject: Burmese: 51 laws back to September 2011 (full text)... English: 7 laws back to September 2011 (full text)
    Language: English, Burmese/ ျမန္မာဘာသာ
    Source/publisher: President's Office
    Format/size: html
    Alternate URLs: http://www.president-office.gov.mm/hluttaw/laws
    Date of entry/update: 09 April 2013


    Title: Pyithu Hluttaw Law Database
    Language: Burmese/ ျမန္မာဘာသာ
    Source/publisher: Pyithu Hluttaw
    Format/size: html
    Date of entry/update: 23 November 2013


    Title: Pyithu Hluttaw law pages (Burmese)
    Description/subject: Laws from 2011
    Language: Burmese/ ျမန္မာဘာသာ
    Source/publisher: Pyithu Hluttaw
    Format/size: html
    Date of entry/update: 22 November 2013


  • International Law

    • The theory and practice of international law

      Websites/Multiple Documents

      Title: Audio-Visual Library of International Law
      Description/subject: "...A virtual training and research centre in international law... THE HISTORIC ARCHIVES provides a unique resource for the teaching, studying and researching significant legal instrument on international law. Each entry is devoted to a particular instrument and contains an introduction to the instrument prepared by an eminent international law scholar or practitioner with special expertise on the subject, information on its procedural history and related documents, as well as the text and status of the instrument. It is accompanied by audiovisual materials, as available, relating to the negotiation and adoption of the instrument at meetings or diplomatic conferences.... THE LECTURE SERIES contains a permanent collection of lectures of enduring value on virtually every subject of international law given by leading international law scholars and practitioners from different regions, legal systems, cultures and sectors of the legal profession... THE RESEARCH LIBRARY provides an extensive online library of international law materials, including treaties, jurisprudence, documents, legal publications, research guides and selected scholarly writings, as well as international law training materials...."
      Language: English (Also available in Arabic, Chinese, French, Russian and Spanish)
      Source/publisher: United Nations
      Format/size: html, pdf, audio, video etc.
      Date of entry/update: 18 August 2014


      Title: Customary international law
      Description/subject: Results of a Google search for "customary international law"
      Language: English
      Source/publisher: Google
      Format/size: html
      Date of entry/update: 17 August 2014


      Title: International law
      Description/subject: Results of a Google search for "international law"
      Language: English
      Source/publisher: Google
      Format/size: html
      Date of entry/update: 17 August 2014


      Title: Public international law
      Description/subject: Results of a Google search for "public international law"
      Language: English
      Source/publisher: Google
      Format/size: html
      Date of entry/update: 17 August 2014


      Title: Sources of international law
      Description/subject: "Sources of international law are the materials and processes out of which the rules and principles regulating the international community are developed. They have been influenced by a range of political and legal theories..."
      Language: English (other languages available)
      Source/publisher: Wikipedia
      Format/size: html
      Date of entry/update: 17 August 2014


      Title: United Nations Audiovisual Library of International Law
      Description/subject: "The United Nations Audiovisual Library of International Law is a free online international law research and training tool. It was created and is maintained by the Codification Division of the United Nations Office of Legal Affairs as a part of its mandate under the United Nations Programme of Assistance in the Teaching, Study, Dissemination and Wider Appreciation of International Law..."
      Language: English (other languages available)
      Source/publisher: Wikipedia
      Format/size: html
      Date of entry/update: 17 August 2014


      Title: United Nations: International Law
      Description/subject: "This is the International Law page of the United Nations website. Here you will find related UN bodies, thematic areas, UN offices, news, tools ..."
      Language: English (other languages available)
      Source/publisher: United Nations
      Format/size: html
      Date of entry/update: 17 August 2014


    • International law links

      Websites/Multiple Documents

      Title: International law links
      Description/subject: Please suggest others......Business Law...Comparative Law...Comparative Constitutional Law...International Law...International Humanitarian Law...Human Rights Law...Intellectual Property Law... International Law Resource Guides...
      Language: English
      Source/publisher: Internet
      Format/size: pdf (69K)
      Date of entry/update: 05 January 2014


    • International Humanitarian Law (Laws of War)

      • International Humanitarian Law (standards and mechanisms)

        Websites/Multiple Documents

        Title: International Humanitarian Law
        Description/subject: International Humanitarian Law database; the Conventions and number of other documents and commentaries; The law of war: information for defence and military staff; National Implementation of International Humanitarian law - and other publications.
        Language: English
        Source/publisher: International Committee of the Red Cross (ICRC)
        Date of entry/update: 03 June 2003


        Title: International Humanitarian Law - Treaties & Documents
        Description/subject: Treaties & Documents by topic... Treaties & Documents by date... Treaties & Documents by Country... 1949 Conventions & Additional Protocols, & their Commentaries.....The results of research on customary humanitarian law conducted in 2005 are now available in database form. The new database provides rapid access to the rules of customary IHL and enables users to examine practice around the world. Regular updates will include further examples of national practice. The database can be accessed at: ...
        Language: English
        Source/publisher: International Committee of the Red Cross (ICRC)
        Format/size: html
        Date of entry/update: 19 January 2012


        Title: Results of a google search for International Humanitarian Law
        Description/subject: Results retrieved January 2012
        Language: English
        Source/publisher: Google
        Format/size: html
        Date of entry/update: 18 January 2012


        Title: Wikipedia entry for International Humanitarian Law
        Language: English
        Source/publisher: Wikipedia
        Format/size: html
        Date of entry/update: 18 January 2012


        Individual Documents

        Title: INTERNATIONAL LEGAL PROTECTION OF HUMAN RIGHTS IN ARMED CONFLICT
        Date of publication: 2011
        Description/subject: "...This publication provides a thorough legal analysis and guidance to State authorities, human rights and humanitarian actors and others on the application of international human rights law and international humanitarian law for the protection of persons in armed conflict. It addresses, in particular, the complementary application of these two bodies of law. It does not aim to cover all relevant aspects, but seeks instead to provide an overview of their concurrent application. It provides the necessary legal background and analysis of the relevant notions, in order for the reader to better understand the relationship between both bodies of law, as well as the implications of their complementary application in situations of armed conflict..."
        Language: English
        Source/publisher: United Nations - Office of the High Commissioner for Human Rights
        Format/size: pdf (911K) 124 pages
        Date of entry/update: 18 January 2012


        Title: Rome Statute of the International Criminal Court
        Date of publication: 16 January 2002
        Description/subject: Text of the Rome Statute circulated as document A/CONF.183/9 of 17 July 1998 and corrected by process-verbaux of 10 November 1998, 12 July 1999, 30 November 1999, 8 May 2000, 17 January 2001 and 16 January 2002. The Statute entered into force on 1 July 2002.
        Language: English
        Source/publisher: International Criminal Court
        Format/size: pdf (218K)
        Date of entry/update: 06 March 2009


        Title: An examination of the usage of systematic sexual violence as a weapon of warfare and tool of repression in non-international armed conflicts
        Date of publication: 06 October 2000
        Description/subject: "In 1994, the United Nations Special Rapporteur on Violence Against Women stated, “[rape] remains, the least condemned war crime; throughout history, the rape of hundreds of thousands of women and children in all regions of the world has been a bitter reality.” Despite the pervasiveness of sexual violence during periods of armed conflict, rape and other forms of sexual violence have traditionally been mischaracterized as private acts, the unfortunate but inevitable behaviour of individual soldiers. The revelations of the existence of ‘rape camps’ in Bosnia-Herzegovina, dramatically altered the awareness of systematic sexual violence against women as a facet of warfare. It has become recognised that sexual violence is not purely an unfortunate ancillary effect of armed conflict but rather a tool by which the civilian population is terrorized, dominated, driven from their homes and destroyed. However, although the rapes in Bosnia-Herzegovina and Croatia have attracted a wealth of academic discussion and analysis, numerous other occurrences of widespread and systematic sexual violence have received comparatively little attention. This paper will focus on the systematic use of sexual violence against women in situations of non-international armed conflict, due to both the prevalence of internal conflicts in recent history, and the relative lack of legal provisions of international humanitarian law which apply to conflicts of this nature. The discussion will focus on the use of sexual violence as both a weapon of warfare, i.e. in order to actively achieve a specific political or military objective, and as a form of heinous repression by which the civilian population is dominated, though in practice the distinction between the two concepts may be somewhat fine. It is of the utmost importance to recognise that sexual violence happens systematically. It is only through acknowledging and responding to the occurrence of organised and strategic sexual violence that senior political and military officials can be held accountable. The term systematic is not used to denote the invention of a new crime, but rather to describe certain forms of sexual violence which have been deliberately planned or officially sanctioned by senior military or government figures for the achievement of a specific objective. Part One of the paper will detail the systematic use of sexual violence, in relation to internal armed conflicts and will outline the various purposes which sexual violence has been intended to achieve. Particular emphasis will be given to the conflicts in Peru, Rwanda and Kosovo, though the conflicts in Kashmir Sierra Leone, Liberia and Chechnya are also particularly pertinent to the discussion. Although the characterisation of the conflict in the former Yugoslavia has been the subject of varying determinations by the International Criminal Tribunal for the Former Yugoslavia (ICTY) and is considered by several academics as having been both an international and a non-international conflict, the details of the mass rape which occurred in Bosnia-Herzegovina have been well documented and will not be discussed in depth. Part One will also examine the factors which fuel systematic rape, with particular regard to the promulgation of gender and ethnicity based stereotypes and propaganda. Sexual violence in situations of armed conflict amounts to a clear breach of international law. Part Two will consider the importance of the fact that sexual violence has occurred systematically for the characterisation of such acts as violations of international humanitarian law and international human rights law. In this respect, the adequacy of international humanitarian law in relation not only to the physical victims but also to the witnesses of sexual violence warrants analysis, as sexual violence of this nature is often intended to cause harm to those other than the physical victims. Part Two will also examine the characterisation of rape as a crime against humanity and will analyse the genocidal rape discourse which has evolved following the conflicts in the former Yugoslavia..."
        Author/creator: Bob Last
        Language: English
        Source/publisher: University of Nottingham School of Law (Dissertation)
        Format/size: html (348K)
        Date of entry/update: 19 July 2004


        Title: Geneva Conventions of 12 August 1949 and the 1977 Protocols
        Date of publication: 12 August 1949
        Description/subject: Myanmar ratification: 25 August 1992. See Article 3, commmon to all four Conventions, which covers conflict "not of an international character" i.e. civil war and other forms of internal conflict. Burma is a party to the Conventions but not to the Protocols.
        Language: English
        Source/publisher: International Committee of the Red Cross (ICRC)
        Date of entry/update: 03 June 2003


        Title: Rome Statute of the International Criminal Court, 17 July 1998
        Language: English
        Source/publisher: ICRC
        Format/size: html
        Date of entry/update: 03 June 2003


      • International Humanitarian Law (reports of violations in Burma)

        Websites/Multiple Documents

        Title: Association of Humanitarian Lawyers: Archive of Documents
        Description/subject: The Karen Parker Home Page for Humanitarian Law...Several written and oral statements on Burma to U. S. and U.N. bodies. Focus on international humanitarian law (laws of war, armed conflict. Keywords: Karen, Karenni, War Crimes, Crimes Against Humanity, International law, violations of human rights law, violations of humanitarian law, armed conflict, Laws of War, Self-Determaination, United States Policy.
        Author/creator: Karen Parker
        Language: English
        Source/publisher: The Karen Parker Home Page for Humanitarian Law
        Format/size: html
        Alternate URLs: http://www.guidetoaction.org/parker/index.html'>http://www.guidetoaction.org/parker/index.html
        http://www.guidetoaction.org/
        http://www.humanlaw.org/
        Date of entry/update: 19 November 2010


        Individual Documents

        Title: Legal Memorandum: War Crimes and Crimes against Humanity in Eastern Myanmar
        Date of publication: 05 November 2014
        Description/subject: Conclusion: "...This memorandum describes a Myanmar military counterinsurgency offensive that involved the widespread targeting of civilians in northern Kayin State and eastern Bago Division. Myanmar Army soldiers fired mortars at villages, opened fire on fleeing villagers, destroyed homes, laid landmines in civilian locations, forced villagers to work and porter, and captured and executed civilians. The impact on the population was massive. Tens of thousands of individuals were displaced during the campaign and many were killed. In Thandaung Township—the area which was the focus of the Clinic’s investigation—nearly every village was affected by the Offensive and almost all of the villagers residing in black areas were forced to flee. Evidence collected by the Clinic during the investigation demonstrates that the actions of Myanmar Army personnel during the Offensive constitute crimes under international criminal law. These crimes include the war crimes of attacking civilians, displacing civilians, destroying or seizing the enemy’s property, pillage, murder, execution without due process, torture, and outrages upon personal dignity, and the crimes against humanity of forcible transfer of a population, murder, enslavement, torture, and other inhumane acts. The Clinic has also collected evidence relevant to the war crime of rape, as well as the crimes against humanity of rape and persecution. More research and analysis is necessary to determine whether these crimes could be included in a criminal case associated with the Offensive..."
        Language: English
        Source/publisher: International Human Rights Clinic at Harvard Law School
        Format/size: pdf (850-reduced version; 4.4MB-original)
        Alternate URLs: http://hrp.law.harvard.edu/wp-content/uploads/2014/11/2014.11.05-IHRC-Legal-Memorandum.pdf
        Date of entry/update: 06 November 2014


        Title: Attacks on Health and Education: Trends and incidents from eastern Burma, 2010-2011
        Date of publication: 06 December 2011
        Description/subject: "This report presents primary evidence of attacks on education and health in eastern Burma collected by KHRG during the period February 2010 to May 2011. Section I of this report details KHRG research methodology; Section II analyses general trends in armed conflict and details a loose typology of attacks identified during the reporting period. Section III applies this typology to 16 particularly illustrative incidents, and analyses them in light of relevant international humanitarian law and UN Security Council resolutions 1612, 1882 and 1998. These incidents were selected from a database detailing 59 attacks on civilians documented by KHRG between February 2010 and May 2011."
        Language: English
        Source/publisher: Karen Human Rights Group (KHRG)
        Format/size: html. pdf (166K)
        Alternate URLs: http://www.khrg.org/2011/12/khrg1105/attacks-health-and-education-trends-and-incidents-eastern-burm...
        Date of entry/update: 19 January 2012


        Title: Definitional ambiguity and UNSCR 1998: Impeding UN-led responses to attacks on health and education in eastern Burma
        Date of publication: 06 December 2011
        Description/subject: "This paper highlights impediments to effective international responses to attacks on health and education in eastern Burma presented by lack of clarity regarding the meaning of “attacks” within the monitoring and reporting framework established by UN Security Council resolutions 1612 and 1998. In order to address this definitional ambiguity and enable recent developments in the UN Security Council to potentially provide support to communities facing attacks in eastern Burma, this paper argues for interpreting “attacks” in a fashion that is consistent with applicable international humanitarian law. The analysis below concludes that UN-led monitoring, reporting and response pursuant to UNSCRs 1612 and 1998 should include acts by parties to armed conflict that both: a) violate relevant international law; and b) attack or threaten to attack personnel related to schools or medical facilities and/ or destroy, damage or force the closure of a school or medical facility."
        Language: English
        Source/publisher: Karen Human Rights Group (KHRG)
        Format/size: pdf (62K)
        Alternate URLs: http://www.khrg.org/2011/12/khrg11w1/definitional-ambiguity-and-unscr-1998-impeding-un-led-response...
        Date of entry/update: 18 January 2012


        Title: Request for Inquiry: Service history of Myanmar Ambassador to South Africa
        Date of publication: 25 November 2011
        Description/subject: "This briefing document summarises research conducted by KHRG regarding the service history of Tatmadaw Brigadier General Myint Naung, and documented incidents of abuse reported to have been perpetrated by units Brigadier General Myint Naung may have commanded as Operation Commander of Tatmadaw Military Operation Command (MOC) #4. This information raises serious questions and concerns regarding the background of the current Myanmar Ambassador U Myint Naung. The South Africa government should therefore seek to obtain further information from the Myanmar government that can clarify the Ambassador's service record in the Tatmadaw, and follow up with inquiries regarding any specific incidents of serious abuse perpetrated by units under his command. Such steps are within South Africa's rights under international law governing diplomatic relations, and consistent with all states' duty under customary international humanitarian law to ensure respect for international humanitarian law erga omnes. KHRG believes that such an inquiry would contribute to raising opportunity costs for potential perpetrators of serious abuse in Burma as well as supporting domestic reforms, potentially precipitating positive changes in abusive Tatmadaw practices that could ultimately reduce the frequency with which certain abuses occur, while supporting the strategies used by local communities in Burma to claim their human rights on a day-to-day basis. This document was compiled by KHRG in response to queries by journalists and advocacy organisations in South Africa regarding the background of the Myanmar Ambassador."
        Language: English
        Source/publisher: Karen Human Rights Group (KHRG)
        Format/size: html, pdf (842K)
        Alternate URLs: http://www.khrg.org/khrg2011/khrg1104.html
        Date of entry/update: 23 January 2012


        Title: Nyaunglebin Interview: Saw My---, May 2011
        Date of publication: 04 August 2011
        Description/subject: "This report contains the full transcript of an interview conducted by a KHRG researcher in May 2011 with a villager from Ler Doh Township, Nyaunglebin District. The researcher interviewed Saw My---, a 45 year-old farmer who described his experiences when he was forced to leave his village in a mixed-administration area and live for two years in a neighbouring village, including specific incidents in which Tatmadaw soldiers fired small arms at children in school uniforms, forced women to serve as human shields for Tatmadaw columns during patrols, and ordered villagers at gunpoint to leave their homes and possessions during the rainy season. He further cited the following abuses: movement restrictions; forced labour; and arbitrary taxation and demands. Saw My--- also highlighted the difficulties his village currently faces accessing health care and education, but explained that villagers counter these difficulties by using traditional medicine and by hiring and supporting local teachers."
        Language: English
        Source/publisher: Karen Human Rights Group (KHRG)
        Format/size: pdf (713K)
        Alternate URLs: http://www.khrg.org/khrg2011/khrg11b22.html
        Date of entry/update: 18 February 2012


        Title: Dying Alive - A Legal Assessment of Human Rights Violations in Burma
        Date of publication: April 2005
        Description/subject: AN INVESTIGATION AND LEGAL ASSESSMENT OF HUMAN RIGHTS VIOLATIONS INFLICTED IN BURMA, WITH PARTICULAR REFERENCE TO THE INTERNALLY DISPLACED, EASTERN PEOPLES..."For over a decade, the United Nations and Human Rights organisations have documented systematic and widespread human rights violations inflicted on the people of Burma generally, and on the ethnic people in particular. Most reports, however, with the exception of some references to Article Three of The Geneva Conventions, have refrained from conceptualizing the violations in terms of International Humanitarian Law. This report addresses that gap and, in the aftermath of the State organised ambush of Daw Aung San Suu Kyi's convoy on May 30, 2003; the ongoing, widespread, systematic destruction of substantial parts of the eastern ethnic peoples; and the failure to end impunity, recommends a period of consultation, education and consensus building to explore the practicality, political appropriateness, and morality of applying and enforcing relevant International Humanitarian Law. This report analyses the human rights violations, identified by, amongst others, UN Special Rapporteurs for human rights and Amnesty International, and expressed in UN General Assembly Resolutions, that have been inflicted on the people of Burma for decades..." NOTE ON FORMAT: There is a glitch in the CD the online version is based on, with lines from the next page creeping onto the current page. This will be fixed eventually. There is also a plan to break the text up into managable chunks.
        Author/creator: Guy Horton
        Language: English
        Source/publisher: Guy Horton, Images Asia
        Format/size: pdf (4.7MB)
        Date of entry/update: 03 May 2006


        Title: Report to the Senate Foreign Operations Subcommittee
        Date of publication: 25 July 1995
        Description/subject: Testimony of Karen Parker J.D. before the Foreign Operations Sub-Committee Senate Appropriations Committee. " The three features of the situation of human rights in Burma described in my 1993 statement are still valid today: (1) the State Law and Order Restoration Council (SLORC) regime is illegitimate yet continues in power; (2) the regime continues to be particularly brutal; and (3) armed conflict continues, primarily involving the ethnic nationalities who have been fighting against the SLORC regime and its predecessor governments. Violations of armed conflict law, as set out in the Geneva Conventions of 1949 and all customary humanitarian law, continue to be violated. Thus, the SLORC regime continues to commit grave war crimes..." Keywords: Karen, Karenni, War Crimes, Crimes Against Humanity, International law, violations of human rights law, violations of humanitarian law, armed conflict, Laws of War, United States Policy.
        Author/creator: Karen Parker
        Language: English
        Source/publisher: The Karen Parker Home Page for Humanitarian Law
        Format/size: html
        Date of entry/update: 22 November 2010


        Title: Report to the U.S. House Subcomittee on Asian and Pacific Affairs(1993)
        Date of publication: 1993
        Description/subject: Testimony of Karen Parker J. D. before the House Committee on Foreign Affairs Sub-Committee on Asian and Pacific Affairs. Main headings: Illegitimacy of SLORC; G ross violatoins of human rights; Armed Conflict; The NDF/DAB-SLORC War; The Karenni-SLORC War; U.S. Policy. "I am pleased to have this opportunity to provide the Sub- Committee with information regarding Burma and my views on what United States policy should be towards that country... This statement will set out the situation in Burma from the point of view of international law norms. It will also present actions taken at the United Nations and its human rights bodies, including a review of Aung San Suu Kyi's case at the Working Group. It will conclude with recommendations regarding United States policy. There are three salient features of the situation of human rights in Burma: (1) the current regime is illegitimate; (2) the regime is particularly brutal; and (3) there is wide scale armed conflict, primarily involving the ethnic nationalities who have been fighting against the SLORC regime and its predecessor governments..."
        Author/creator: Karen Parker
        Language: English
        Source/publisher: The Karen Parker Home Page for Humanitarian Law
        Date of entry/update: 22 November 2010


    • Burma/Myanmar's international legal obligations

      • Burma/Myanmar's obligations under the UN Charter and customary international law

        • Burma/Myanmar's obligations under the UN Charter and customary international law (commentaries)
          Look in the section on the UN System for the UN resolutions on the situation of human rights in Myanmar and the reports to the General Assembly and Commission on Human Rights of the Special Rapporteurs on Myanmar.

          Individual Documents

          Title: Myanmar: Justice on Trial
          Date of publication: 30 July 2003
          Description/subject: "On 22 May 2003 Amnesty International submitted a 29-page memorandum to the State Peace and Development Council (SPDC, Myanmar's military government), in order to provide the SPDC with the opportunity to comment on and to clarify various issues about the administration of justice raised in the document. The Memorandum reflected the organization's findings during its first visit to the country from 30 January to 8 February 2003, and drew on its institutional knowledge and expertise about both international human rights standards and human rights in Myanmar. The text of the original Memorandum has now been updated to reflect comments from the SPDC, which were received by Amnesty International on 9 July 2003. The updated Memorandum forms the text of this document, along with a summary of the current human rights situation in Myanmar... Since the submission of the Memorandum to the SPDC on 22 May, political tensions escalated sharply during a National League for Democracy (NLD) tour of Upper Myanmar, culminating in a violent attack on NLD leaders on 30 May. What follows below is a summary of both the attack and the subsequent deterioration in the human rights situation in Myanmar. Daw Aung San Suu Kyi, NLD General Secretary, U Tin Oo, NLD Vice Chairman, and other NLD members had been travelling in Upper Myanmar, with the prior permission of the SPDC, during the month of May. As larger and larger crowds gathered to see the NLD leaders, tension increased between the NLD and the Union Solidarity Development Association (USDA), an organization established, organized, and supported by the SPDC.(1) NLD members and supporters were reportedly harassed, intimidated, and threatened by USDA members in various locations as they attempted to conduct their legitimate political party activities, including giving speeches and opening local NLD offices. However the SPDC reportedly did very little to diffuse tensions between the USDA and the NLD. While Amnesty International acknowledges the universal right to peacefully assemble and conduct protest demonstrations, the actions of the USDA went beyond such non-violent expressions of dissent. .."
          Language: English
          Source/publisher: Amnesty International
          Format/size: html
          Alternate URLs: http://www.amnesty.org/en/library/info/ASA16/019/2003
          http://www.amnestyusa.org/document.php?id=E8E42C86A0BF5F7980256D72004704AB&lang=e
          Date of entry/update: 19 November 2010


  • The practice of law in Burma/Myanmar
    This is a new sub-section. Please contribute texts (links or documents) and give guidance on structure

    • The courts

      Individual Documents

      Title: Myanmar's Courts and the Sounds Money Makes
      Date of publication: 2012
      Description/subject: CONCLUSION: "The public transcript on corruption in Myanmar’s judicial system does not aim primarily to address practices identified as corrupt, but to affirm an elite self-portrait in which the dominant group appears innately superior to its subordinates. Its model of probity is a judicial officer who follows orders as required, who pretends to subscribe to the values of official propaganda, and who successfully maintains the appearance of being free from practices identified as corrupt. In exchange for going along with the public transcript, the elite grants conditional concessions to the interests of subordinates. Subordinates interpret and accommodate these concessions through the language and practices of the hidden transcript. The hidden transcript sustains its public counterpart to the extent that legal professionals find it in their interest to give the appearance of compliance, but the hidden transcript also inverts and undermines much of the public transcript, even as it seemingly accommodates it, and underneath it prickles with rancour at the hypocrisy of senior officials who preach virtue as they practice vice..."
      Author/creator: Nick Cheesman
      Language: English
      Source/publisher: Myanmar's Transition: Openings, Obstacles and Opportunities, Institute of Southeast Asian Studies (ISEAS), Singapore, pp. 231-248
      Format/size: pdf (339K)
      Alternate URLs: https://anu-au.academia.edu/NickCheesman
      Date of entry/update: 18 August 2014


      Title: How an Authoritarian Regime in Burma Used Special Courts to Defeat Judicial Independence
      Date of publication: 2011
      Description/subject: "Why do authoritarian rulers establish special courts? One view is that they do so to insulate the judiciary from politically oriented cases and allow it contin- ued, albeit limited, independence. In this article I present a contrary case study of an authoritarian regime in Burma that used special courts not to insulate the judiciary but to defeat it. Through comparison to other Asian cases I suggest that the Burmese regime’s composition and character better explain its strategy than does extant judicial authority or formal ideology. The regime consisted of war fighters for whom the courts were enemy territory. But absent popular support, the regime’s leaders could not embark immedi- ately on a radical project for legal change that might compromise their hold on power. Consequently, they used special courts and other strategies to defeat judicial independence incrementally, until they could displace the professional judiciary and bring the courts fully under executive control..."
      Author/creator: Nick Cheesman
      Language: English
      Source/publisher: Law & Society Review, Volume 45, Number 4 (2011)
      Format/size: pdf (156K)
      Alternate URLs: https://anu-au.academia.edu/NickCheesman
      Date of entry/update: 18 August 2014


      Title: The Incongruous Return of Habeas Corpus to Myanmar
      Date of publication: 25 August 2010
      Description/subject: CONCLUSION: "Where the role of the courts is to assist in a state programme, rather than check executive power, policy directives can be implemented through the judiciary in the same way as through the administrative bureaucracy. By contrast, systems like those in Sri Lanka or Nepal may be defective and compromised but judges in them do still adjudicate more according to the terms of law than according to the dictates of executive officers. Ironically, a corrupted policy-implementing judicial system like that in Myanmar can be mistaken for an efficient system in contrast to its functionally separate counterparts, because its efficiency derives from the carrying out of orders and urgency to make money through the exercise of authority, not from integrity or professionalism of the sort that courts in other countries struggle to achieve, however imperfectly and half-heartedly. This is the real incongruity of habeas corpus as an element in the 2008 Constitution of Myanmar. Habeas corpus is premised on the idea that courts have the power to compel soldiers, police and other officials to follow their orders. In Myanmar, where the judiciary is a proxy for the executive, judges have this power only where they have the approval and backing of higher executive authorities. Whereas in certain authoritarian settings the courts have retained nominal legal power over other parts of government but have been unable or unwilling to exercise it at certain times because of extenuating circumstances, in Myanmar the problem is much more basic. Myanmar’s courts don’t have effective authority over other parts of government at all. Their capacity to review the activities of state agencies and agents is limited to what the executive permits them. Under these circumstances, not only is the reintroducing of habeas corpus a figment but so too is any constitutional commitment to protect the individual, because all such legal commitments are delimited by higher administrative imperatives. Only where legal and administrative objectives coincide can the former prevail. The incongruity of habeas corpus in the new constitution percolates throughout the charter’s contents, and through the extant state institutions that will be responsible for establishing new institutions in accordance with its terms following general elections. Where the armed forces rather than the judiciary have responsibility to safeguard the constitution and uphold the rule of law, statements of citizens’ rights are perverse. Where the state has subordinated legality to policy and detached policy from any coherent ideology, no amount of technical or procedural rearranging can effect significant change. Because the new constitution is a vague expression that is not binding on its guardian, ultimately it contains no guarantees, whether for a political detainee, an ordinary under-trial accused or anyone else."
      Author/creator: Nick Cheesman
      Language: English
      Source/publisher: "Ruling Myanmar From Cyclone Nargis to National Elections", Institute of Southeast Asian Studies (ISEAS), Singapore, pp. 90-111
      Format/size: pdf (177K)
      Alternate URLs: https://anu-au.academia.edu/NickCheesman
      Date of entry/update: 18 August 2014


      Title: A COMPARISON OF THE FIRST AND FIFTIETH YEAR OF INDEPENDENT BURMA'S LAW REPORTS
      Date of publication: 2004
      Description/subject: "This article compares the annual Law Reports of the first year of Burmese independence in 1948 with those published in the fiftieth year of Burmese independence (1998). In making the comparison, the author highlights the fundamental changes that occurred in the structure and composition of the highest courts in Burma, along with relevant background and factors effecting these changes. There was a movement away from the predominant use of English in 1948 towards judgments exclusively in Burmese in the 1998 Law Reports. Burma's neighbours, who shared a common law legal heritage, did not follow this trend after their independence. This shift, combined with Burma's isolation from the rest of the world, makes analysis of Burmese case law from the past three and a half decades very difficult for anyone not proficient in the Burmese language. This article tries to fill the lacunae as far as the Law Report from the fiftieth year of Burma's independence is concerned."
      Author/creator: Myint Zan
      Language: English
      Source/publisher: Victoria University of Wellington Law Review (Vol. 35, Issue 2)
      Format/size: pdf (255K)
      Date of entry/update: 21 August 2014


    • Burma/Myanmar Law Reports

      Individual Documents

      Title: A COMPARISON OF THE FIRST AND FIFTIETH YEAR OF INDEPENDENT BURMA'S LAW REPORTS
      Date of publication: 2004
      Description/subject: "This article compares the annual Law Reports of the first year of Burmese independence in 1948 with those published in the fiftieth year of Burmese independence (1998). In making the comparison, the author highlights the fundamental changes that occurred in the structure and composition of the highest courts in Burma, along with relevant background and factors effecting these changes. There was a movement away from the predominant use of English in 1948 towards judgments exclusively in Burmese in the 1998 Law Reports. Burma's neighbours, who shared a common law legal heritage, did not follow this trend after their independence. This shift, combined with Burma's isolation from the rest of the world, makes analysis of Burmese case law from the past three and a half decades very difficult for anyone not proficient in the Burmese language. This article tries to fill the lacunae as far as the Law Report from the fiftieth year of Burma's independence is concerned."
      Author/creator: Myint Zan
      Language: English
      Source/publisher: Victoria University of Wellington Law Review (Vol. 35, Issue 2)
      Format/size: pdf (255K)
      Date of entry/update: 21 August 2014


      Title: Union of Myanmar v. U Ye Naung and Another
      Date of publication: 08 April 1991
      Description/subject: "...in finally acquitting the two defendants Ye Naung and Myint Oo (a.k.a.) Mya Oo of all charges the Supreme Court found that, “There is not any evidence against defendants Ye Naung and Myint Oo apart from their statement before Defence Services Intelligence. While it is correct that Defence Services Intelligence unit personnel are persons authorized to uncover and arrest criminal offenders and confessions made before them are admissible as evidence in Military Courts under Defence Services Rule 22(2)(3)(4), it is apparent that they are not admissible as evidence in 1991 The Union of Myanmar v. U Ye Naung & Another civilian courts under the Evidence Act, section 24”; thus the defendants finally acquitted on the basis of the finding on the Evidence Act, section 24, the Office of the Attorney General moved that in its understanding the finding does not correspond with the law for the Chief Justice with the Full Bench of the Supreme Court to undertake to re-examine the said finding in accordance with the Procedures for the Hearing of Special Appeals, paragraph 17, giving rise to this Special Appeal..."
      Author/creator: Supreme Court bench, comprising of U Aung Toe, Chairman; U Aye Ohn, U Kyaw Tint, U Myo Htun Linn and U Kyaw Win, Members, (trans. Nick Cheesman)
      Language: English, Burmese/ ျမန္မာဘာသာ
      Source/publisher: Myanmar Law Reports, 1991
      Format/size: pdf (409K)
      Date of entry/update: 21 August 2014


      Title: U Kyaw Lin v. Socialist Republic of the Union of Burma (English, Burmese/ ျမန္မာဘာသာ)
      Date of publication: 20 September 1978
      Description/subject: "...The charges against the appellant U Kyaw Lin in regards to the U Thant funeral incident are that he was in violation of Penal Code section 143 to the extent that the defendants defied an order of the Rangoon Municipality in gathering with the common object of jointly upsetting law and order as participants in an unlawful assembly; in violation of Penal Code section 447 as this crowd invaded and occupied the Rangoon University campus and Convocation Hall without relevant authorization and starting in the schoolrooms of the buildings held meetings and conducted a host of activities; and, in violation of Penal Code sections 124(A)/149 as some students and some members of the monkhood gave anti-government speeches at the Convocation Hall and site of the former student union building, and printed and distributed seditious pamphlets. 3 It emerged from the testimonies of prosecution witnesses that in regards to the U Thant funeral matter the appellant U Kyaw Lin from the beginning on 5-12-1974 acted as advisor to the Funeral Central Committee; and, that among writings to excite sedition wrote a letter in English to be sent to the United Nations. Nor has there been refutation of these charges. It was submitted [by the defendant] that the court could assign guilt however it pleased; and, that the police inquiry was illegal and on top of it, no firm evidence was presented..."
      Author/creator: Central Court bench, comprising of U Hla Maung, Chairman; U Aye Maung and U Thant Sin, Members, (trans. Nick Cheesman)
      Language: English, Burmese/ ျမန္မာဘာသာ
      Source/publisher: Burma Law Reports, 1978
      Format/size: pdf (204K)
      Date of entry/update: 21 August 2014


      Title: “Intention” (English, Burmese/ ျမန္မာဘာသာ)
      Date of publication: 31 December 1970
      Description/subject: "...In making state policy a success by issuing rulings with the quality of justice, the Special Criminal Courts’ Appeal Court is a leading body. Significantly, in order to fulfill its leadership duties the Appeal Court’s chairman and members include members of the Revolutionary Council and cabinet ministers. There can be no persons more familiar with state policy than those persons involved in formulating policy. There can be no persons with more practical understanding of how the power of law also can be used to make policy a success than those persons. Indeed, in traditional Burmese justice too, when the ministers involved both in the making of law and management of state affairs, under the leadership of the king and crown prince, together heard and ruled on appeals they issued verdicts with the quality of justice and which made state policy a success. In the villages and townships likewise, respected learned persons who emerged from among the people were assigned to adjudicate on tribunals. Thus, the judiciary was not independent of the people..."
      Author/creator: Dr. Maung Maung, Chief Justice, Chief Court; Member, Special Criminal Courts’ Appeal Court (trans. Nick Cheesman)
      Language: English, Burmese/ ျမန္မာဘာသာ
      Source/publisher: pecial Criminal Courts’ Appeal Court Rulings (1965–70), 1971
      Format/size: pdf (299K)
      Date of entry/update: 21 August 2014


    • Legal aid organisations in Burma/Myanmar

      • Legal Aid Network

        Websites/Multiple Documents

        Title: Legal Aid Network website
        Description/subject: Currently only in Burmese. English coming.
        Language: Burmese/ ျမန္မာဘာသာ
        Source/publisher: Legal Aid Network
        Format/size: html
        Date of entry/update: 02 October 2013


        Title: Profile of Legal Aid Network
        Description/subject: Mission: "Legal Aid Network is committed to facilitate efforts of grassroots people and activists, civil society organizations, lawyers and legal teams which aim to achieve human rights by establishing a peaceful, free, just and developed society with the underpinnings of genuine principles of the Rule of Law, mainly from legal aspect..."
        Language: English
        Source/publisher: Legal Aid Network
        Format/size: pdf (460K)
        Date of entry/update: 02 October 2013


  • Legal sources and literature

    • Legal history and philosophy of Burma (texts and commentary)

      Individual Documents

      Title: Myanmar, Law Reform and Asian Legal Studies (introductory chapter to "Law, Society and Transition in Myanmar")
      Date of publication: October 2014
      Description/subject: " ["Law, Society and Transition in Myanmar", edited by Melissa Crouch and Tim Lindsey] addresses the dynamics of the legal system of Myanmar/Burma in the context of the dramatic but incomplete transition to democracy that formally began in 2011. It includes contributions from leading scholars in the field on a range of key legal issues now facing Myanmar, such as judicial independence, constitutional law, human rights and institutional reform. It features chapters on the legal history of Myanmar; electoral reform; the role of the judiciary; economic reforms; and the state of company law. It also includes chapters that draw on the experiences of other countries to contextualise Myanmar's transition to democracy in a comparative setting, including Myanmar's participation in regional bodies such as ASEAN. This topical book comes at a critical juncture in Myanmar's legal development and will be an invaluable resource for students and teachers seeking greater understanding of the legal system of Myanmar. It will also be vital reading for a wide range of government, business and civil society organisations seeking to re-engage with Myanmar, as it navigates a difficult transition toward democracy and the rule of law." publisher's blurb)
      Author/creator: Melissa Crouch, Tim Lindsey (eds.)
      Language: English
      Source/publisher: Hart Publishing, Oxford
      Format/size: pdf (188K)
      Alternate URLs: http://www.hartpub.co.uk/BookDetails.aspx?ISBN=9781849465977
      Date of entry/update: 24 November 2014


      Title: OF CONSUMMATION, MATRIMONIAL PROMISES, FAULT, AND PARALLEL WIVES:
      Date of publication: 09 August 2014
      Description/subject: "This article is written with four objectives: first, to introduce the evolution of aspects of Burmese law dealing with particular family law issues and their mode of function and operation since colonial times; second, to trace the consequences and changes that were effected in the structure of the Burmese judiciary as well as in aspects of legal thinking and discourse as a result of the 1962 military takeover, in order to relate them to some of the issues that arose in cases decided in the post-1962 era, and to juxtapose and contrast them with other decisions on similar subjects; third, to discern how the concepts of “original texts,” “interpretation,” “ideology,” and “policy” appear intermingled in pre- and post-1962 Burmese case law; and fourth, to illustrate that by analyzing these cases, a reasonable conclusion can be made that legal, political, social and ideological issues cannot always be delineated in the development of Burmese case law..."
      Author/creator: Myint Zan
      Language: English
      Source/publisher: COLUMBIA JOURNAL OF ASIAN LAW Vol. 14, pp. 153-212
      Format/size: pdf (369K)
      Date of entry/update: 10 August 2014


      Title: NOT JUST DEFENDING; ADVOCATING FOR LAW IN MYANMAR
      Date of publication: June 2014
      Description/subject: "...Through research on Myanmar, we argue that in authoritarian settings where legality has drastically declined, the starting point for cause lawyering lies in advocacy for law itself, in advocating for the regular application of law’s rules. Because this characterization is liable to be misunderstood as formalistic, particularly by persons familiar with less authoritarian, more legally coherent settings than the one with which we are here concerned, it deserves some brief comments before we continue...By insisting upon legal formality as a condition of transformative justice, cause lawyers in Myanmar advocate for the inherent value of rules in the courtroom, but also incrementally build a constituency in the wider society. In advocating for faithful application of declared rules, in insisting on formal legality in the public domain, lawyers encourage people to mobilize around law as an idea, essential for making law meaningful in practice. They promote a notion of the legal system as once more an arena in which citizens can set up interests that are not congruent with those of the state; an arena in which cause lawyering is made viable and in which the cause lawyer has a distinctive role to play..." Includes description and discussion of the Kanma land-grab case.....The digitised version may contain errors so the original is included an an Alternate URL.
      Author/creator: Nick Cheesman, Kyaw Min San
      Language: English
      Source/publisher: Wisconsin International Law Journal
      Format/size: pdf (226K-digitised version; 1.6MB-original)
      Alternate URLs: http://www.burmalibrary.org/docs19/Cheesman_KMS__Not_just_defending-orig.pdf
      Date of entry/update: 17 August 2014


      Title: REDISCOVERING “LAW” IN MYANMAR: A REVIEW OF SCHOLARSHIP ON THE LEGAL SYSTEM OF MYANMAR
      Date of publication: 27 May 2014
      Description/subject: Abstract: "Myanmar’s legal system is an understudied area in the academic field of Asian Legal Studies. This article aims to provide a map of legal scholarship in Myanmar that can be built on in the future. It identifies the key issues and arguments that have driven research on law in Myanmar, and the central academics whose oeuvre of publications have sustained the field. It is organized around four broad themes: custom, religion, and the law; public law and governance; corporate law; and the politics of law. It suggests that in order to build the next generation of legal scholarship, future research on Myanmar law must be grounded in its social, political, and historical context. This type of research requires the rediscovery of “law” in Myanmar by engaging with the existing body of social science literature on Burma Studies more generally."
      Author/creator: Melissa Crouch
      Language: English
      Source/publisher: Pacific Rim Law and Policy Journal, Vol. 23, No. 3
      Format/size: pdf (401K)
      Date of entry/update: 16 August 2014


      Title: The Legal System of the Republic of the Union of Myanmar in a Nutshell
      Date of publication: September 2013
      Description/subject: Table of Contents: 1. Introduction 2. A Brief Legal History 2.1 During the Reign of Monarchy 2.2 During the British Occupation 2.3 After Independence 3. Executive Organ 4. Legislative System 4.1 Legislative Process in the Pyidaungsu Hluttaw 4.2 Legislative Process in the Pyithu Hluttaw and the Amyotha Hluttaw 4.3 Legislative Process in the Region Hluttaw or State Hluttaw 4.4 Legislative Process in the Self-Administered Division and Self-Administered Zone Leading Bodies 5. Judiciary 5.1 The Supreme Court of the Union 5.2 High Courts of the Region and High Courts of the State 5.3 District Courts, Courts of the Self-Administered Division and Courts of the Self-Administered Zone 5.4 Township Courts 5.5 Courts-Martial 5.6 The Constitutional Tribunal of the Union 5.7 Other Courts 6. Sources of Law 7. Legal Profession 8. Legal Education 9. Useful Links
      Author/creator: Kyaw Hla Win @ Md. Hassan Ahmed & Md. Ershadul Karim
      Language: English
      Source/publisher: GlobaLex
      Format/size: html
      Date of entry/update: 23 July 2014


      Title: Lord Kyaw Thu's Precedent: a Sixteenth-Century Burmese Law Report
      Date of publication: August 2012
      Description/subject: "This chapter examines a law report on a disputed inheritance within a Tai (Siamese) noble family under the rule of an all-conquering Burmese king. The text itself is generally known as Shin kyaw thu pyatton (‘Lord Kyaw Thu's Precedent’). Pegu's Golden Palace was the centre of government for a vast mainland empire created by the early Toungoo-dynasty kings. The greatest of the conquerors was the White Elephant King of Hanthawaddy, known to history as King Bayinnaung (r. 1551-82), and The Precedent is the leading source on law and kingship under Bayinnaung's rule. It reveals a vibrant legalism quite different from those of its neighbours in East and South Asia. Some aspects of sixteenth-century Burmese legalism are reminiscent of Western European approaches to law and kingship, and the end of the chapter pursues this similarity by way of a contemporary English law report.... Keywords: Lord Kyaw Thu's Precedent; Burmese law; legal texts; King Bayinnaung; legalism; kingship; English law"
      Author/creator: Andrew Huxley
      Language: English
      Source/publisher: Legalism, Anthropology and History (Paul Dresch and Hannah Skoda, eds.)
      Format/size: pdf (411K)
      Date of entry/update: 09 November 2014


      Title: Samuhadda Vicchedani: An Overlooked Source on the Dhammathats
      Date of publication: April 2008
      Description/subject: "In 1874 the Burma Herald Press published Samuhaddha Vicchedani.1 This Pali title means “Decisions on the Whole Law.” The work has a Burmese subtitle Myanma taya lan dhammathat kyam which means “The Dhammathat book that is a Pathway to Burmese Law” or (if we translate taya lan as “legal principles”) “The Principles of Burmese Law Dhammathat book.” It consists of 314 pages of Burmese text, within which extracts from sixteen dhammathats are divided into eighteen topical Chapters. The final chapter, for example, deals with the topic of Debt and gives extracts from nine dhammathats about interest rates, sureties, refinancing, and bankruptcy. Daw Than Saw’s translation of that Chapter follows this introduction. Samuhadda Vicchedani is an important source on Burmese legal history, which has been too long ignored. Ryuji Okudaira (in 1979) and I (in 1997) both omitted it from our bibliographies of Burmese law.2 In fact no 20th century source makes mentions of it, though it was always on the shelves of European and American research libraries..."
      Author/creator: Andrew Huxley
      Language: English
      Source/publisher: SOAS BULLETIN OF BURMA RESEARCH 5 2007
      Format/size: pdf (168K)
      Date of entry/update: 01 October 2010


      Title: The Final Part of the Samuhadda Vicchedani, Relating to Debt
      Date of publication: March 2008
      Description/subject: [Readers are directed to Andrew Huxley’s introduction to this translation also in the present issue of the SBBR].
      Author/creator: Daw Than Saw (trans)
      Language: English
      Source/publisher: SOAS BULLETIN OF BURMA RESEARCH 5 2007
      Format/size: pdf (176K)
      Date of entry/update: 01 October 2010


      Title: Challenges Facing “State” Building in Burma: Law and Legal Dimension
      Date of publication: 2006
      Description/subject: Abstract: "This paper explores evolutional process of legal concept and theory in Burma. The purpose of this paper is to analyze the issues that Burma will face in legal transformation and building state in Burma. Since its independence, the post-colonial governments have failed to transform legal system in accordance with the social elements that govern daily lives of Burmese. The paper argues that there are two fundamental challenges Burmese society faces in legal transformation. The first challenge is the emergence of a new constitution that will serve as a framework of citizen-sovereign state. The second challenge resonates in the question of how Burmese society will achieve “rule of law” that will be congruent with institutional foundation of Burmese society."
      Author/creator: Tun Myint
      Language: English
      Source/publisher: Indiana University
      Format/size: pdf (65K)
      Date of entry/update: 24 August 2012


      Title: A COMPARISON OF THE FIRST AND FIFTIETH YEAR OF INDEPENDENT BURMA'S LAW REPORTS
      Date of publication: 2004
      Description/subject: "This article compares the annual Law Reports of the first year of Burmese independence in 1948 with those published in the fiftieth year of Burmese independence (1998). In making the comparison, the author highlights the fundamental changes that occurred in the structure and composition of the highest courts in Burma, along with relevant background and factors effecting these changes. There was a movement away from the predominant use of English in 1948 towards judgments exclusively in Burmese in the 1998 Law Reports. Burma's neighbours, who shared a common law legal heritage, did not follow this trend after their independence. This shift, combined with Burma's isolation from the rest of the world, makes analysis of Burmese case law from the past three and a half decades very difficult for anyone not proficient in the Burmese language. This article tries to fill the lacunae as far as the Law Report from the fiftieth year of Burma's independence is concerned."
      Author/creator: Myint Zan
      Language: English
      Source/publisher: Victoria University of Wellington Law Review (Vol. 35, Issue 2)
      Format/size: pdf (255K)
      Date of entry/update: 21 August 2014


      Title: Pre-colonial Burmese Law: Conical hat and shoulder bag
      Date of publication: October 2001
      Description/subject: "Of all the pre-colonial Southeast Asian legal cultures, the Burmese ranks among the most fascinating. During the last twenty years, many new law texts have been published. They have answered some old questions and posed some new ones. I shall give an overview of scholarship since 1980 and explain its relevance to contemporary Burma's search for identity..."
      Author/creator: Andrew Huxley
      Language: English
      Source/publisher: Newsletter, Issue 25, International Institute for Asian Studies (Leiden)
      Date of entry/update: 03 June 2003


      Title: A Burmese tract on kingship: political theory in the 1782 manuscript of Manugye
      Date of publication: June 2001
      Description/subject: "The eleven lists on kingship which we translate and discuss are taken from a manuscript of the Manugye dhammathat which was completed on 25 June 1782. We shall refer to it as B.1782. Manugye, the best known of the surviving Burmese dhammathats (law texts), was compiled in the 1750s during the reign of Alaungpaya (1752–60), the founder of the Konbaung dynasty (1752–1885)..."
      Author/creator: Ryuji Okudaira and Andrew Huxley
      Language: English
      Source/publisher: Bulletin of the School of Oriental and African Studies (64 (2)
      Format/size: pdf (87K)
      Date of entry/update: 10 November 2014


      Title: Judicial Independence in Burma: No March Backwards Towards the Past
      Date of publication: 2000
      Description/subject: "This paper discusses and analyzes judicial independence in Burma, primarily since independence in 1948. To that end, this paper analyzes and briefly comments on constitutional provisions concerning the independence of the judiciary in the two defunct provisions of post-independence constitutions of Burma, namely the 1947 and 1974 Constitutions. In doing so, the paper focuses mainly on the post-1948 and post-1962 developments. The post-1962 developments highlight how the military takeover in March of that year eroded and extinguished the independence of the judiciary in Burma. To appreciate the concept of the independence of the judiciary in historical perspective, however, it is helpful to trace briefly the concept and practice of judicial independence in the days of the Burmese monarchs of the pre-colonial era. Further, it is necessary to analyze briefly the impact of British law on the notions and practice of judicial independence in the colonial era..."
      Author/creator: Myint Zan
      Language: English
      Source/publisher: Asian-Pacific Law and Policy Journal (APLPJ 5)
      Format/size: pdf (154K)
      Alternate URLs: http://unpan1.un.org/intradoc/groups/public/documents/apcity/unpan010355.pdf
      Date of entry/update: 03 June 2003


      Title: THE RULE OF LAW AND COMMERCIAL LITIGATION IN MYANMAR
      Date of publication: 2000
      Description/subject: Abstract: "After nearly thirty years of self imposed isolation, Myanmar has re- emerged as a significant potential destination for foreign investment. One of the key attractions of Myanmar as a destination for foreign investment is its legal system and historical commitment to the rule of law. With ASEAN membership and increasing levels of foreign investment in Myanmar, use of its legal system by foreign investors and their counsel has grown. The aim of this article is to outline, for both investors and legal professionals in other countries throughout the region, Myanmar's legal system and its practical operation in the area of commercial litigation, including the enforcement of foreign judgments and arbitral awards"
      Author/creator: Alec Christie
      Language: English
      Source/publisher: Pacific Rim Law & Policy Journal Association
      Format/size: pdf (896K-original; 304K-OBL version)
      Alternate URLs: http://www.burmalibrary.org/docs15/Rule_of_Law_in_Myanmar-red.pdf
      Date of entry/update: 30 April 2013


      Title: Woe Unto Ye Lawyers: Three Royal Orders Concerning Pleaders in Early Seventeenth-Century Burma*
      Date of publication: 2000
      Description/subject: "This Article is a discussion of three Royal Orders of King Anauk Hpet Lun of Burma (Ava as it was then also known) in the early seventeenth century. All of the three royal orders dealt with issues regulating (and reprimanding) shay-nay (pleaders/lawyers). In fact the three Royal Orders concerning pleaders were issued on a single day: 23 June 1607 AD. The Royal Orders were proclaimed by King Anauk Phet Lun who was the second king of the Nyaung Yan dynasty, which lasted from 1597 to 1754. The “source” where these Royal Orders were found by this author is from the first volume of the ten-volume The Royal Orders of Burma AD 1598-1885 compiled and translated by Dr. Than Tun, Emeritus Professor of History at Mandalay University, Burma..."
      Author/creator: Myint Zan
      Language: English
      Source/publisher: THE AMERICAN JOURNAL OF LEGAL HISTORY Vol. XLIV
      Format/size: pdf (285K)
      Date of entry/update: 21 August 2014


      Title: The Last 50 Years of Burmese Law: E Maung and Maung Maung
      Date of publication: 1998
      Description/subject: "Depending on when you start counting, Burma has enjoyed either forty-eight or fifty-four years of independence. De iure, the era of British colonisation came to an end on the 4th January, 1948. De facto, the British had lost control six years earlier when the Japanese army swept them and their Indian auxiliaries out of the country. Since independence, the principle question of Burmese law has been how much of the colonial legal system to jettison: there is general agreement that the legal system inherited in 1948 had to become more Burmese, but considerable debate about how far the legal decolonisation should go. This article deals with the issue in terms of personalities. I focus on the careers of the two most distinguished Burmese lawyers of the period and analyse their respective views on decolonisation. The influence of E Maung (1889-1972) over legal policy was felt most strongly during the 1950s. During the 1960s and 1970s Maung Maung (1925-1994) single handedly redesigned the legal system. In 1988 he became President of Burma, but was ousted, a month after his appointment, in SLORC's military coup. Since 1988 the Burmese state has been delegalised. Eight years after the coup, martial law remains in force and the colonels show no sign of respecting the result of the election they called in 1990. I conclude the article with speculations about the future. Since law has undergone so many changes over the last fifty years, there is no single status quo ante to which a democratic Burma could return. Theoretically, Burma could restore the substantive law and legal institutions that prevailed at any of the following dates: 1988, 1970, 1959, 1947 or 1884. Which of these options will be a realistic possibility if Burma ever does return to legality?"
      Author/creator: Andrew Huxley
      Language: English
      Source/publisher: "LawAsia" 1998:9-20
      Date of entry/update: 03 June 2003


      Title: The Importance of the Dhammathats in Burmese Law and Culture
      Date of publication: 1997
      Description/subject: Burma's dhammathats are pre-colonial compilations of legal and ethical material. They provide vivid insights into the details of everyday village life and into the process by which Burmese authors adapted Pali texts from India to their own purposes. They appear to be at least as old as any other surviving Burmese literature and contain valuable lessons for contemporary Burma. This article hopes to rescue them from their unjust neglect.
      Author/creator: Andrew Huxley
      Language: English
      Source/publisher: Journal of Burma Studies Vol. 1 (1997)
      Format/size: pdf (103K-reduced version; 1.28MB, original)
      Alternate URLs: http://www.niu.edu/burma/publications/jbs/vol1/Abstract1_HuxleyOpt.pdf
      Date of entry/update: 10 March 2009


      Title: THE BURMESE LEGAL PROFESSION 1250-1885
      Date of publication: 1996
      Description/subject: Conclusions: "Whatever the causes of Burma’s pre-colonial legal profession, they are to be found in factors which were unique to Burma. Burma, along with Laos, Cambodia and Thailand, makes a distinct family of Buddhist legal systems. The members share a common classical heritage which each has wedded to its distinctive national tradition. Burma’s dhammathat traditions are historically linked with the law texts of its Theravada Buddhist neighbours. Yet none of its Buddhist neighbours developed a legal profession remotely like the she-ne. The causes of the emergence of the she- ne must be sought in the peculiarly Burmese traditions, rather than in Pali classicism. Perhaps the polyglot and multi-cultural ethos of Pagan played a role. Perhaps it is linked to the fact that Burma had less of a landed nobility than its neighbours, and had to offer commercially services that elsewhere came as part of a feudal package. Perhaps it reflected certain deep Burmese assumptions about appropriate interpersonal behaviour. Burmese has a word for an emotion - anade - which has no precise parallel in other languages. It refers to a tongue tied deference, partly pleasant and partly humiliating, which is felt in the presence of someone of higher status. Hiring a she- ne to act as your mouthpiece before the judge might have acted therapeutically to dispel this particular feeling."
      Author/creator: Andrew Huxley
      Language: English
      Source/publisher: TRANSACTIONS OF THE JEAN BODIN SOCIETY FOR COMPARATIVE INSTITUTIONAL HISTORY
      Format/size: pdf (311K)
      Date of entry/update: 10 November 2014


      Title: Buddhist Law According to the Theravāda-Vinaya: A survey of Theory and Practice
      Date of publication: 1995
      Description/subject: "...The arrangement of texts in the Theravada canon underlines the importance of Buddhist law, for it is contained in the first part of the Tipitaka, the "basket of the discipline" (Vinaya-pitaka) followed by the "basket of the teaching" (Sutta-pitaka). This sequence is found already in the well-known account of the first council held at Rajagaha ... immediately after the death of the Buddha according to the Buddhist tradition..."
      Author/creator: Oskar Von Hinüber
      Language: English
      Source/publisher: Journal of the International Association of Buddhist Studies, Vol. 18, No. 1 1995
      Format/size: pdf (606K)
      Date of entry/update: 02 November 2014


      Title: THE RECEPTION OF BUDDHIST LAW IN S.E. ASIA 200 BCE-1860 CE
      Date of publication: 1994
      Description/subject: "...I divide this paper into three sections as follows : [1] The Period of Implantation — Here I describe the endogenous pre-Indian law of S.E. Asia, and the first eight centuries of Indian legal influence. ... The processes I describe apply equally to the importation of Buddhism and Hinduism, so I do not limit myself to discussing Buddhist examples. This section is headed ‘The Indianisa- tion of S.E. Asia 300 BCE — 900 CE ’..... [2] The Period of Fruition — From the ninth century comes our first evidence of legalistic dispute settlement in S.E. Asia. The spread of literacy beyond the palace and the monastery raised expectations that the Indian derived law texts should be applied, rather than just displayed in the palace among the regalia and power-objects. A century later, the classical empires of Pagan and Angkor are launched on their spectacular path. In extent and duration, these empires eclipsed the kingdoms that preceded them. We have a reasonably good knowledge of their legal systems from the extensive inscriptions that they have left. I discuss the issues raised by Questions All to A16 of the outline in relation to Pagan as the paradigm of ‘Buddhist Law’ and Angkor as the paradigm of ‘Hindu Law’. This section is headed ‘Hindu Law and Buddhist Law in Classical Pagan and Angkor 950-1300 CE ’..... [3] The Period of Destiny — The fall of Angkor and Pagan coincides with Kublai Khan’s attempted invasion, the emergence into political prominence of a new linguistic family — the Thai — and the religious conversion of virtually all mainland Hindus tcy Theravada Buddhism. From 1300 to 1860 CE the two transplanted Indian legal systems work out their destiny, largely unaffected by legal developments outside the region. Mainland S.E. Asia produces three different syntheses of Indian law. Both the west and the north develop from the Pagan model of Buddhist law, but the west, with its larger, more powerful and longer-lasting states, develops much more legal autonomy than does the north. The east, though Theravada Buddhist in religion, mixes elements of Pagan ‘Buddhist law’ and Angkor ‘Hindu law’ together to make its own distinctive destiny. I discuss the issues raised by Questions B1 to B21 of the outline in relation to these three variations of the transplantation of Indian law. This section is headed ‘The Theravada Buddhist legal systems of Mainland S.E. Asia 1300 — I860 CE ’..."
      Author/creator: Andrew Huxley
      Language: English
      Source/publisher: La Réception des Systèmes Juridiques: Implantation et Destin, Brussels: Bruylant (1994), pp 139-237
      Format/size: pdf (1.2MB)
      Date of entry/update: 16 November 2014


      Title: BURMA: IT WORKS, BUT IS IT LAW?
      Date of publication: 1987
      Description/subject: "...I shall sketch the main outline of Burmese family law rather than concentrate on recent developments. There are two main aspects of comparative interest. First, Buddhist ethics combine with Burmese sentiments to produce a system with very little sexual discrimination: “There is ho country where the principle of equality of the sexes has been carried further than in Burma,”1 enthused an English judge in 1927. Second, law, meaning both state-appointed judges applying state-based sanctions and religious leaders applying conscience-based sanctions, is strikingly absent from the regulation of the Burmese family. The important sanctions are those of local group pressure, which restrict parties to a narrow range of behavior permitted by family law..."
      Author/creator: Andrew Huxley
      Language: English
      Source/publisher: JOURNAL OF FAMILY LAW (Vol. 27, 1988-89)
      Format/size: pdf (260K)
      Date of entry/update: 16 November 2014


      Title: Burmese Law Tales - The Legal Element in Burmese Folk-lore
      Date of publication: 1962
      Description/subject: "...When I was preparing the manuscript of my collection of "Burmese Folk-Tales" for publication in 1948, for some time I was unable to decide whether to include in that collection the Law Tales which are now given in the following pages. Finally, I decided that they should be left out because, first, I thought that they were borrowings from Hindu legal literature, and second, I thought that they had already been collected in the various Burmese legal writings. In both these assumptions I was wrong, and I was wrong because I then accepted the orthodox theory, first advanced by a European scholar of Burmese history [Forchammer: Jardine Prize Essay - see Bibliography] that Burmese law was merely a derivation of Hindu law. After the publication of the "Folk-Tales", I started my study of the Burmese legal writings (which still exist in hundreds in palm-leaf manuscript in the National Library, Rangoon), and I soon made the discovery that of the 65 Law Tales, only 28 were to be found in Burmese legal literature and of these 28, many were found merely as outlines and not as full-length stories. Further study led to the discovery that Burmese law was native in origin and was very little influenced by Hindu law. In 1950, in my lectures to the students of the Faculty of Law at the University of Rangoon, I criticized the orthodox theory of the Hindu origin of Burmese law, shocking not only the students, but also many scholars of Burmese law and Burmese history. My theory, however, was supported in 1951 by one of the most erudite jurists in Burma, Dr. U. E. Maung (at that time a judge of the Burmese Supreme Court) in a series of lectures. Today, of course, my new theory is generally accepted and is no longer considered heretical and far-fetched. - Maung Htin Aung ..."
      Author/creator: Maung Htin Aung
      Language: English
      Source/publisher: Oxford University Press
      Format/size: pdf (4.3MB)
      Date of entry/update: 16 November 2014


      Title: Litigation and crime (pp131-141 of "Colonial Policy and Practice")
      Date of publication: 1948
      Description/subject: Comparison of British and Burmese ideas on legal procedure and law.
      Author/creator: J. S. Furnivall
      Language: English
      Source/publisher: Cambridge University Press
      Format/size: pdf (334K)
      Date of entry/update: 18 February 2014


      Title: The Burmese Empire a Hundred Years Ago
      Date of publication: 1893
      Description/subject: First published: 1833....CONTENTS: INTRODUCTION; LIST OF THE PRINCIPAL WORKS REFERRED TO; PREFACE BY MR. JARDINE; PREFACE BY CARDINAL WISEMAN; DESCRIPTION OF THE BURMESE EMPIRE... BURMESE COSMOGRAPHY: I. Of the Measures and Divisions of Time commonly used in the Sacred Burmese Books; II. Of the World and its Parts; III. Of the Beings that live in this World, of their Felicity or Misery, and of the Duration of their Life; IV. Of the States of Punishment; V. Of the Destruction and Reproduction of the World; VI. Of the Inhabitants of the Burmese Empire.... BURMESE HISTORY: VII. Origin of the Burmese Nation and Monarchy; VIII. Abridgment of the Burmese Annals, called Maharazven; IX. Of the present Royal Family, and of the Principal Events that have taken place under the Reigning Dynasty.... CONSTITUTION OF THE BURMESE EMPIRE: X. Of the Emperor, and of his White Elephants; XI. Officers of State and of the Household, Tribunals, and Administration of Justice; XII. Revenue and Taxes; XIII. Army and Military Discipline.... RELIGION OF THE BURMESE: XIV. The Laws of Godama; XV. Of the Talapoins; XVI. The Sermons of Godama; XVII. Superstitions of the Burmese.... MORAL AND PHYSICAL CONSTITUTION OF THE BURMESE EMPIRE: XVIII. Character of the Burmese; XIX. Manners and Customs of the Burmese; XX. Literature and Sciences of the Burmese; XXI. Natural Productions of the Burmese Empire; XXII. Calendar of the Burmese. Climate and Seasons of the Burmese Empire; XXIII. Of the Currency and Commerce of the Burmese Empire.... BURMESE CODE: XXIV. Abstract of the Burmese Code entitled Damasat; or the Golden Rule
      Author/creator: Father Vincenzo Sangermano
      Language: English
      Source/publisher: Archibald Constable & Co.
      Format/size: pdf (6MB-OBL version)
      Date of entry/update: 21 September 2010


      Title: The Royal Orders of Burma (1598-1885)
      Date of publication: 1885
      Description/subject: All 10 volumes..."Edited with Introduction, Notes and Summary in English of Each Order by THAN TUN, M.A.,B.L., Ph.D. (London), Professor of History , Mandalay University".....The documents were subsequently prepared and digitised by the Center for Southeast Asian Studies, Kyoto University.....The versions offered here by the Online Burma/Myanmar Library have been reduced in size using Finereader-11 ocr software. This makes the files more accessible, but may involve some loss of resolution. The Kyoto versions may be accessed via the Alternate link to the Kyoto site.
      Author/creator: Than Tun (editor)
      Language: English, Burmese/ ျမန္မာဘာသာ
      Source/publisher: Center for Southeast Asian Studies, Kyoto University
      Format/size: pdf (32K)
      Alternate URLs: http://repository.kulib.kyoto-u.ac.jp/dspace/handle/2433/173188
      Date of entry/update: 05 October 2014


      Title: Notes on Buddhist Law
      Date of publication: 1883
      Description/subject: INDEX TO NOTES I TO VIII ON BUDDHIST LAW:- NOTE I – MARRIAGE (899K): 1. How contracted... 2. Its incidents..... NOTE II – MARRIAGE (1.6MB): 1. How dissolved. The right to divorce and the rights flowing from divorce..... NOTE III – MARRIAGE (3.2MB): Preface including introductory remarks by Dr. E. Forchhammer, Professor of Pali... 1.Translation of Wunnana Dhammathat on marriage, with a commentary... 2. Translation of the Wunnana Dhammathat on divorce, with a commentary.... Appendices: A —Translation of the Wini Tsaya Paka Thani Dhammathat on marriage and divorce... B.—Cases illustrative of the Buddhist law as now administered in the Court of the Judicial Commissioner of British Burma and the Subordinate Courts...... NOTE IV. -- MARRIAGE AND DIVORCE (not yet available): .1. On the Hindu origin of the Burmese law, by J. Jardine, Esq., Judicial Commissioner of British Burma... 2. Introductory preface by Dr. E. Forchhammer, Professor of Pali... 3. Translation of the Wagaru Dhammathat on marriage and divorce from a Pali manuscript on palm-leaves by Dr. E. Forchhammer, Professor of Pali... 4. Translation of the Manu Reng Dhammathat on marriage and divorce from the printed Burmese edition of Maung Tet Tu, with notes, by Dr. E. Forchhammer, Professor of Pali... 5. Appendix of cases illustrating the Burmese law of marriage and divorce as now administered..... NOTE V. -- INHERITANCE AND PARTITION (1.7MB): Preface... 1. Translation by Mr. S. Minus of the chapter on inheritance and some miscellaneous sections of the Manu Wunnana Dhammathat as edited in Burmese by Maung Tet Tu, with notes by J. Jardine, Esq , Judicial Commissioner of British Burma... 2. Translation of the. Law of Inheritance according to the Wagaru Dhammathat by Dr. E. Forchhammer. Professor of Pali, from a Pali manuscript on palm-leaves in his possession..... NOTE VI. -- INHERITANCE AND PARTITION (315K): Preface... Translation by Maung Tecka Phyu of' the Law of Inheritance according to the Mohavicchedani Dhammathat from a Burmese manuscript : edited by Dr. E, Forchhammer, Professor of Pali..... NOTE VII – INHERITANCE AND PARTITION (828K): Preface... Translation by Maung Tekka Phyu and Mr. S. Minus from a Burmese manuscript on palm-leaves, of the Law of Inheritance in the Dhammvilasa: revised and edited by Dr. E. Forchhammer, Professor of Pali..... NOTE VIII – MARRIAGE AND DIVORCE (381K): Preface... Translation by Mr. S. Minus of the Law of Marriage and Divorce according to the Mohavicchedani Dhammathat from a Burmese manuscript on palm-leaves: edited by Dr. E. Forchhammer, Professor of Pali...... The individual volumes (Vol. 4 is missing) have different dates - 1883, 1888, 1903, and 1953. 1883 being the earliest, we have used this date for the dossier.
      Author/creator: John Jardine
      Language: English
      Source/publisher: Judicial Commissioner, British Burma
      Format/size: pdf (70K)
      Date of entry/update: 21 October 2014


      Title: Sangermano-Abstract on the Dhammathats (from "Description of the Burmese Empire")
      Date of publication: 1833
      Description/subject: "This Code is divided into ten volumes, which treat of every thing relating to donations, heirships, and all other matters under the jurisdiction of the courts..."
      Author/creator: Vincenzo Sangermano
      Language: English
      Source/publisher: Description of the Burmese Empire, 1833
      Format/size: pdf (1.15MB)
      Date of entry/update: 11 November 2014


      Title: King Wagaru's Manu Dhammasattham (text, translation and notes)
      Date of publication: 1707
      Description/subject: "...The great interest of the “ Wagaru Dhammathat ” lies in its being substantially a law-book of what Sir Sumner Maine considers the modem type. Being based on justice and expediency, it resembles our own law of contract or tort in its easy applicability to all persons in the same civilization without reference to their creeds. This simplicity allows the courts in Burma almost the same scope for applying equity as exists in England..."
      Author/creator: Dr. Forchhammer (trans), John Jardine (Preface)
      Language: English, Burmese/ ျမန္မာဘာသာ
      Source/publisher: Government of Burma
      Format/size: pdf (4.4MB)
      Date of entry/update: 18 November 2014


    • Law applicable to non-Burman or non-Buddhist peoples

      Individual Documents

      Title: Personal Laws (Buddhist, Hindu, Muhammadan, Parsi, Christian)
      Date of publication: 1958
      Description/subject: These laws, which have various dates, are found in pages 1-116 of Vol. XI of "The Burma Code"
      Language: English, Burmese/ ျမန္မာဘာသာ
      Source/publisher: Government of the Union of Burma via "The Burma Code" Vol. XI
      Format/size: pdf (2.9MB)
      Date of entry/update: 17 November 2014


      Title: THE BURMA LAWS ACT (1898)
      Date of publication: 04 November 1898
      Description/subject: India Act XIII, 1898 4th November, 1898...."...5. The President of the Union may, for administrative including revenue purposes,- (q) divide Upper Burma into divisions and each of these divisions into districts, and vary the limits of those divisions and districts, and (b) divide each of those districts into sub-divisions, each of those sub-divisions into townships and each of those townships into circles, and vary the limits of these sub-divisions, townships and circles. 6. For the purpose of facilitating the application of any enactment for the time being in force in any part of Upper Burma, any Court may construe the enactment with such alterations, not affecting the substance, as may be necessary or proper to adapt it to the matter before the Court..."
      Language: English
      Source/publisher: Government of India
      Format/size: pdf (49K)
      Alternate URLs: http://displacementsolutions.org/?page_id=197 http://displacementsolutions.org/?p=20
      Date of entry/update: 25 May 2011


      Title: THE KAZIS ACT (1880)
      Date of publication: 09 July 1880
      Description/subject: INDIA ACT XII, 1880..... "Whereas by the preamble to Act No. XI of 18642 it was (among other things) declared that it was inexpedient that the appointment of the Kazi-ul- Kuzaat, or of City, Town or Pargana Kazis, should be made by the Government, and by the same Act the enactments relating to the appointment by the Government- of the said officers were repealed ; and Whereas by the usage of the Muhammadan community [ * * * * ] the presence of Kazis appointed by the Government is required at the celebration of marriages and the performance of certain other rites and ceremonies, and it is therefore expedient that the Government should again be empowered A to appoint persons to the office of Kazi; It is hereby enacted as follows:..."
      Language: English
      Source/publisher: Government of India
      Format/size: pdf (59K)
      Alternate URLs: http://displacementsolutions.org/?page_id=197 http://displacementsolutions.org/?p=20
      Date of entry/update: 25 May 2011


    • Legal studies and articles

      Websites/Multiple Documents

      Title: WorldLII Databases -- 469 documents found for Burma OR Myanmar --including legal articles.
      Language: English
      Source/publisher: World Legal Information Institute
      Format/size: html
      Alternate URLs: http://www.worldlii.org/
      Date of entry/update: 09 June 2013


      Individual Documents

      Title: OF CONSUMMATION, MATRIMONIAL PROMISES, FAULT, AND PARALLEL WIVES:
      Date of publication: 09 August 2014
      Description/subject: "This article is written with four objectives: first, to introduce the evolution of aspects of Burmese law dealing with particular family law issues and their mode of function and operation since colonial times; second, to trace the consequences and changes that were effected in the structure of the Burmese judiciary as well as in aspects of legal thinking and discourse as a result of the 1962 military takeover, in order to relate them to some of the issues that arose in cases decided in the post-1962 era, and to juxtapose and contrast them with other decisions on similar subjects; third, to discern how the concepts of “original texts,” “interpretation,” “ideology,” and “policy” appear intermingled in pre- and post-1962 Burmese case law; and fourth, to illustrate that by analyzing these cases, a reasonable conclusion can be made that legal, political, social and ideological issues cannot always be delineated in the development of Burmese case law..."
      Author/creator: Myint Zan
      Language: English
      Source/publisher: COLUMBIA JOURNAL OF ASIAN LAW Vol. 14, pp. 153-212
      Format/size: pdf (369K)
      Date of entry/update: 10 August 2014


      Title: Report on laws to be repealed or amended or new laws drafted (တည္ဆဲဥပေဒမ်ားအနက္မွ ရုပ္သိမ္းရန္၊ ျပင္ဆင္ရန္ႏွင့္ အသစ္ဆြဲရန္ ေဆာင္ရ
      Date of publication: 04 June 2014
      Language: Burmese/ ျမန္မာဘာသာ
      Source/publisher: Committee on the Drafting of Law via "Myanmar Alin," 3-4 of June, 2014
      Format/size: pdf (270K)
      Date of entry/update: 10 June 2014


      Title: NOT JUST DEFENDING; ADVOCATING FOR LAW IN MYANMAR
      Date of publication: June 2014
      Description/subject: "...Through research on Myanmar, we argue that in authoritarian settings where legality has drastically declined, the starting point for cause lawyering lies in advocacy for law itself, in advocating for the regular application of law’s rules. Because this characterization is liable to be misunderstood as formalistic, particularly by persons familiar with less authoritarian, more legally coherent settings than the one with which we are here concerned, it deserves some brief comments before we continue...By insisting upon legal formality as a condition of transformative justice, cause lawyers in Myanmar advocate for the inherent value of rules in the courtroom, but also incrementally build a constituency in the wider society. In advocating for faithful application of declared rules, in insisting on formal legality in the public domain, lawyers encourage people to mobilize around law as an idea, essential for making law meaningful in practice. They promote a notion of the legal system as once more an arena in which citizens can set up interests that are not congruent with those of the state; an arena in which cause lawyering is made viable and in which the cause lawyer has a distinctive role to play..." Includes description and discussion of the Kanma land-grab case.....The digitised version may contain errors so the original is included an an Alternate URL.
      Author/creator: Nick Cheesman, Kyaw Min San
      Language: English
      Source/publisher: Wisconsin International Law Journal
      Format/size: pdf (226K-digitised version; 1.6MB-original)
      Alternate URLs: http://www.burmalibrary.org/docs19/Cheesman_KMS__Not_just_defending-orig.pdf
      Date of entry/update: 17 August 2014


      Title: REDISCOVERING “LAW” IN MYANMAR: A REVIEW OF SCHOLARSHIP ON THE LEGAL SYSTEM OF MYANMAR
      Date of publication: 27 May 2014
      Description/subject: Abstract: "Myanmar’s legal system is an understudied area in the academic field of Asian Legal Studies. This article aims to provide a map of legal scholarship in Myanmar that can be built on in the future. It identifies the key issues and arguments that have driven research on law in Myanmar, and the central academics whose oeuvre of publications have sustained the field. It is organized around four broad themes: custom, religion, and the law; public law and governance; corporate law; and the politics of law. It suggests that in order to build the next generation of legal scholarship, future research on Myanmar law must be grounded in its social, political, and historical context. This type of research requires the rediscovery of “law” in Myanmar by engaging with the existing body of social science literature on Burma Studies more generally."
      Author/creator: Melissa Crouch
      Language: English
      Source/publisher: Pacific Rim Law and Policy Journal, Vol. 23, No. 3
      Format/size: pdf (401K)
      Date of entry/update: 16 August 2014


      Title: List of the most problematic provisions in the 2008 Constitution and Burmese laws
      Date of publication: June 2012
      Description/subject: The below gives an overview of provisions in the 2008 Constitution and Burmese laws that are, in the view of the BLC, the most problematic for the development of rule of law and democracy in Burma. Each constitutional provision or law is accompanied with a short rationale explaining why it is problematic... This list is divided into three sections: I: Problematic provisions in the Constitution II: Repressive Burmese Laws and Acts III: Problematic Provisions in the Penal Code
      Language: English
      Source/publisher: Burma Lawyers' Council.
      Format/size: pdf (174K)
      Date of entry/update: 17 July 2012


      Title: The State of Human Rights in Burma in 2010
      Date of publication: 09 December 2010
      Description/subject: BURMA: Government by confusion & the un-rule of law: "The first elections held in Burma for two decades on 7 November 2010 ended as most people thought they would, with the military party, the Union Solidarity and Development Party, taking a vast majority in the national parliament through rigged balloting. Almost a week later, after days of disgruntlement and debate about the outcome of the elections, the military regime released the leader of the National League for Democracy, Daw Aung San Suu Kyi, from house arrest. Although Aung San Suu Kyi’s release was expected, since November 13 was the deadline on the period of imprisonment imposed through a fraudulent criminal case against her in 2009, it perplexed many foreign observers, who asked questions about why the military would acquiesce to her release at a time that it may provoke and create unnecessary problems during the planned transition from full-frontal army dictatorship to authoritarian clique in civilian garb. What most of these persons have not yet understood about the nature of the state in Burma is that government by confusion is an operating principle. For them, as military strategists and planners who think in terms of threats and enemies, the most effective strategies and plans are those where both outside observers and as many people in the domestic population as possible are left uncertain about what has happened and why, what may or may not happen next, and what it all means. This principle of government by confusion underpins the un-rule of law in Burma to which the Asian Human Rights Commission has pointed, described and analyzed through careful study of hundreds of cases and attendant information over the last few years. Whereas the rule of law depends upon a minimum degree of certainty by which citizens can organize their lives, the un-rule of law depends upon uncertainty. Whereas rule of law depends upon consistency in how state institutions and their personnel operate, the un-rule of law depends upon arbitrariness. Whereas rule of law is intimately connected to the protection of human rights, the un-rule of law is associated with the denial of rights, and with the absence of norms upon which rights can even by nominally established. In this annual report, the AHRC points more explicitly to the links between this operating principle and the un-rule of law..."
      Language: English
      Source/publisher: Asian Human Rights Commission (AHRC-SPR-002-2010)
      Format/size: pdf (307K)
      Date of entry/update: 04 January 2011


      Title: Myanmar: Justice on Trial
      Date of publication: 30 July 2003
      Description/subject: "On 22 May 2003 Amnesty International submitted a 29-page memorandum to the State Peace and Development Council (SPDC, Myanmar's military government), in order to provide the SPDC with the opportunity to comment on and to clarify various issues about the administration of justice raised in the document. The Memorandum reflected the organization's findings during its first visit to the country from 30 January to 8 February 2003, and drew on its institutional knowledge and expertise about both international human rights standards and human rights in Myanmar. The text of the original Memorandum has now been updated to reflect comments from the SPDC, which were received by Amnesty International on 9 July 2003. The updated Memorandum forms the text of this document, along with a summary of the current human rights situation in Myanmar... Since the submission of the Memorandum to the SPDC on 22 May, political tensions escalated sharply during a National League for Democracy (NLD) tour of Upper Myanmar, culminating in a violent attack on NLD leaders on 30 May. What follows below is a summary of both the attack and the subsequent deterioration in the human rights situation in Myanmar. Daw Aung San Suu Kyi, NLD General Secretary, U Tin Oo, NLD Vice Chairman, and other NLD members had been travelling in Upper Myanmar, with the prior permission of the SPDC, during the month of May. As larger and larger crowds gathered to see the NLD leaders, tension increased between the NLD and the Union Solidarity Development Association (USDA), an organization established, organized, and supported by the SPDC.(1) NLD members and supporters were reportedly harassed, intimidated, and threatened by USDA members in various locations as they attempted to conduct their legitimate political party activities, including giving speeches and opening local NLD offices. However the SPDC reportedly did very little to diffuse tensions between the USDA and the NLD. While Amnesty International acknowledges the universal right to peacefully assemble and conduct protest demonstrations, the actions of the USDA went beyond such non-violent expressions of dissent. .."
      Language: English
      Source/publisher: Amnesty International
      Format/size: html
      Alternate URLs: http://www.amnesty.org/en/library/info/ASA16/019/2003
      http://www.amnestyusa.org/document.php?id=E8E42C86A0BF5F7980256D72004704AB&lang=e
      Date of entry/update: 19 November 2010


      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: Women and Law in Burma
      Date of publication: August 2001
      Description/subject: "Women in Burma are struggling under the military regime. There is no policy, law or programme for the development of women. Instead, women are often the target of particular abuse. Rape by soldiers is common. Military officers are even involved in the trafficking of Burmese women into prostitution in Thailand. The women in Burma are struggling, but continue to find ways to survive, nurture their communities and resist the military regime with inspiring grace and humour. The vision of women for Burma is a foundation on which a new, democratic and just society should be built. Daw Aung San Suu Kyi said, "Women are generally regarded as home-makers, tenders of the hearth around which the family gathers, weavers of the gentle ties that bind faster than the strongest iron chains". But women in Burma have to battle against many odds: tradition, cultural discrimination, male domination, lack of access to information and education, and inequalities that have become entrenched by law. The most critical factor in the transition to a new society in Burma is the lack of provisions in law for the empowerment of women and their participation in decision-making processes..."
      Author/creator: B.K. Sen
      Language: English
      Source/publisher: "Legal Issues on Burma Journal" No. 9 (Burma Lawyers' Council)
      Alternate URLs: The original (and authoritative) version of this article may be found in "Legal issues of Burma Journal" No. 9 at http://www.ibiblio.org/obl/docs/Legal%20Issues%20on%20Burma%20Journal%209.pdf
      Date of entry/update: 03 June 2003


      Title: Law Reporting in Burma: Lack of Transparency
      Date of publication: April 2001
      Description/subject: "..."Burma Law Report" (BLR) is a government publication, published annually by the state-controlled Law Report Publishing Board. It is the only source for Burmese advocates. The report is based on judgments passed in significant cases by the Supreme Court. The selection of cases is at the discretion of government legal officials of course, and there is no transparency of judicial proceedings. Law reporting means accountability the very thing that military juntas are afraid of. So it is not surprising that the reasoning leading to judgments in the BLR usually consists of a few sentences only, while the whole text contains repetition of selected facts. The duty to write down the judgment properly, in compliance with the rules laid down for this, is shirked and perfunctorily performed. The gross abuse of the principle guiding law reporting is patently visible. "Burma Law Report" reflects the way the junta is thinking in respect of law..."
      Author/creator: Win Maung
      Language: English
      Source/publisher: "Legal Issues on Burma Journal" No. 8 (Burma Lawyers' Council)
      Date of entry/update: 03 June 2003


      Title: New Lawsuit against Daw Aung San Suu Kyi: Hidden Agenda?
      Date of publication: April 2001
      Description/subject: "The new lawsuit that U Aung San Oo has filed against Daw Aung San Suu Kyi is a suit filed after the Court had dismissed the first suit for inheritance. The defect in the earlier suit apparently has been taken care of. But it will have to go through rough water. Section 6 of the Transfer of Immovable Property Restriction Law of 1987 reads (...) when any person leaves Myanmar for good (...), the Ministry concerned may after scrutiny case by case in respect of the immovable property owned by that person, carry out in conformity with the procedures as follows: (a) allowing right of inheritance in accordance with law; (b) confiscating by the State. Section 7 of the Law reads, If the Ministry concerned decides to allow right of inheritance under subsection 6, as to who should inherit the immovable property shall be by consensus of the heirs or by the decision of the Court in accordance with the relevant succession law..."
      Author/creator: B.K. Sen, Khin Maung Win
      Language: English
      Source/publisher: "Legal Issues on Burma Journal" No. 8 (Burma Lawyers' Council)
      Alternate URLs: The original (and authoritative) version of this article may be found in http://www.ibiblio.org/obl/docs/Legal%20Issues%20on%20Burma%20Journal%208.pdf
      Date of entry/update: 03 June 2003


      Title: Dealing With Past Human Rights Abuses: Promoting Reconciliation in a Future Democratic Burma
      Date of publication: December 2000
      Description/subject: Justice in Transition: "As the twenty-first century begins, transitions from repressive rule to democracy have become a worldwide phenomenon. In many cases, the displaced regimes have been characterized by massive violations of human rights. While it is unclear when Burma will be free, it is certain that it will eventually become a democracy. A critical challenge that will arise for the democratically-elected government when it comes to power will be how to deal with past human rights abuses.1 Burma is not alone Czechoslovakia, El Salvador, Guatemala, Germany, Honduras, Chile, Columbia, Greece, Germany, Poland, Hungary, the Philippines, Rwanda, Ethiopia, Cambodia, East Timor, Nigeria, Northern Ireland, Sierra Leone and other countries have recently or are presently looking at ways of dealing with these issues...A future democratic Burma will have to plot its course carefully with regard to dealing with the past. Decisions about whether to have trials and, if so, who ought to be tried; or whether to pass or rescind amnesty laws; and whether there should be a truth commission or some similar process are difficult and complex. They must be taken in the context of the unique historical, economic, political and social factors, as well as what would best satisfy the needs of the victims. While there is an accepted and majority view that, for certain crimes, international law puts a duty on a state to prosecute or extradite offenders, in reality the type of justice which a particular country adopts is dependent on the balance of power between the new government and the repressive one it replaces..."
      Author/creator: Jeremy Sarkin
      Language: English
      Source/publisher: Legal Issues on Burma Journal No. 7 (Burma Lawyers' Council)
      Alternate URLs: The original (and authoritative) version of this article may be found on http://www.ibiblio.org/obl/docs/Legal%20Issues%20on%20Burma%20Journal%207.pdf
      Date of entry/update: 03 June 2003


      Title: Law-Making and Law Enforcement in Burma: The Military Junta's Failure in Regard to Forced Labour
      Date of publication: December 2000
      Description/subject: "The Tatmadaw in Burma have control of executive, legislative and judicial power and the Parliament has not met since before the Tatmadaw seized power by military coup d etat on the 18th September 1988, installing the State Law and Order Restoration Council (SLORC), predecessor of the present State and Peace and Development Council (SPDC). The SPDC is the creature of the Tatmadaw (Burmas Armed Forces), as was the Tatmadaw's Burmese Socialists Program Party's (BSPP) Revolutionary Council that ruled Burma for many years up until 1988. For functional purposes they are one and the same group, in essence a military junta exercising the power of dictatorship..."
      Author/creator: Janelle Saffin
      Language: English
      Source/publisher: Legal Issues on Burma Journal No. 7 (Burma Lawyers' Council)
      Alternate URLs: The original (and authoritative) version of this article may be found on http://www.ibiblio.org/obl/docs/Legal%20Issues%20on%20Burma%20Journal%207.pdf
      Date of entry/update: 03 June 2003


      Title: Shadow over Daw Aung San Suu Kyi's inheritance case
      Date of publication: December 2000
      Description/subject: "The lawsuit against Daw Aung San Suu Kyi filed by her brother Aung San Oo is for half ownership of the house where she now lives. As with most property disputes, and particularly in the very difficult situation Daw Aung San Suu Kyi is presently in, a private settlement would clearly have been preferred and would have been a more appropriate course of action for Aung San Oo to take. There would have been many options available, including negotiating a money equivalent of the half share or establishing a trust in which both interests could be held. However, he decided to file a suit against his sister without even affording her prior notice of his intentions. This approach reeks of a sinister attempt to publicly humiliate the acclaimed leader of the National League for Democracy (NLD), which overwhelmingly won the one and only democratic general election conducted by the military junta..."
      Author/creator: B. K Sen, Khin Maung Win
      Language: English
      Source/publisher: Legal Issues on Burma Journal No. 7 (Burma Lawyers' Council)
      Alternate URLs: The original (and authoritative) version of this article may be found on http://www.ibiblio.org/obl/docs/Legal%20Issues%20on%20Burma%20Journal%207.pdf
      Date of entry/update: 03 June 2003


      Title: The Case for Humanitarian Intervention
      Date of publication: December 2000
      Description/subject: "...The immediate need is to have UN presence inside Burma, to monitor abuses and prevent an outbreak of Civil War. The junta's ongoing suppression and attempts to undermine and abolish the NLD and general pro-democracy movement, is leading the country towards an uprising of volcanic proportions. There will be no sense in sending a peacekeeping force after widespread bloodshed. Action is required, and it is required immediately. The international community and an ad hock " like-minded coalition " of regional interests, must engage the military junta to prevent further catastrophe. Calling for dialogue has reached its practical zenith or limitations. Burma has become a test case for ascertaining the sovereignty of people in contradistinction to sovereignty of State..."
      Author/creator: Mr. B K Sen
      Language: English
      Source/publisher: Legal Issues on Burma Journal No. 7 (Burma Lawyers' Council)
      Alternate URLs: The original (and authoritative) version of this article may be found on http://www.ibiblio.org/obl/docs/Legal%20Issues%20on%20Burma%20Journal%207.pdf
      Date of entry/update: 03 June 2003


      Title: Burma human rights body is not all that is needed
      Date of publication: September 2000
      Description/subject: "...The Australian government has decided to cooperate with the Burmese junta in providing human rights training courses for government officials. The decision was in response to the ruling State Peace and Development Council's (SPDC) indication that it intends to establish a national Human Rights Commission..."
      Author/creator: Khin Maung Win
      Language: English
      Source/publisher: Legal Issues on Burma Journal No. 6 (Burma Lawyers' Council)
      Alternate URLs: The original and authoritative version of this article may be found on http://www.ibiblio.org/obl/docs/Legal%20Issues%20on%20Burma%20Journal%206.pdf
      Date of entry/update: 03 June 2003


      Title: Burma's Strugglefor Democracy: a Legal Perspective
      Date of publication: September 2000
      Description/subject: "Even in the absece of the rule of law, legal measures can play an important part in Burma’s non-violent struggle for democracy. The exercise of power in Burma is beyond the law. There is total suppression of democracy, human rights and basic freedoms. What sense is there, then, in testing the impartiality and independence of the country’s judiciary on a vital national issue? This is a question now being asked by many observers as the National League for Democracy (NLD) makes its latest attempt to use the legal system as a means of restoring political justice in Burma..."
      Author/creator: B.K. Sen and Khin Maung Win
      Language: English
      Source/publisher: "The Irrawaddy", Vol. 8. No. 9
      Format/size: html
      Alternate URLs: http://www.irrawaddymedia.com/print_article.php?art_id=2006
      Date of entry/update: 08 December 2010


      Title: Some Thoughts on Burma-Thai Relations
      Date of publication: September 2000
      Description/subject: Any attempt to understand Burma-Thai relations today must begin by recognizing the existence of misunderstandings on both sides, open criticism of each other, friction and conflict. Why is this so?...Today, Burma and Thailand face a continuing stream of new issues and crises in their relations. With no rule of law that they both accept, no courts to which they can turn to adjudicate their disputes, and no real will on either side to bury the long past and create a new foundation for their relations based on trust, openness and honesty, the present state of their relations will continue into the future."
      Author/creator: Josef Silverstein
      Language: English
      Source/publisher: Legal Issues on Burma Journal No. 6 (Burma Lawyers' Council)
      Alternate URLs: The original and authoritative version of this article may be found on http://www.ibiblio.org/obl/docs/Legal%20Issues%20on%20Burma%20Journal%206.pdf
      Date of entry/update: 03 June 2003


      Title: New Mystery Laws Enacted
      Date of publication: August 2000
      Description/subject: Burmese citizens planning to marry foreign nationals will no longer be permitted to do so legally, according to a report in a well-respected economics magazine.
      Language: English
      Source/publisher: "The Irrawaddy", Vol. 8. No. 8 (Intelligence section)
      Format/size: html
      Date of entry/update: 03 June 2003


      Title: Understanding Self-Determination: the Basics - Applying international law to civil wars and wars of national liberation.
      Date of publication: August 2000
      Description/subject: Presentation to First International Conference on the Right to Self-Determination, United Nations Geneva August 2000... Basic principles and references; several case studies, including Burma. "The right to self-determination, a fundamental principle of human rights law,(1) is an individual and collective right to "freely determine . . . political status and [to] freely pursue . . . economic, social and cultural development." (2) The principle of self-determination is generally linked to the de-colonization process that took place after the promulgation of the United Nations Charter of 1945. (3) Of course, the obligation to respect the principle of self-determination is a prominent feature of the Charter, appearing, inter alia, in both Preamble to the Charter and in Article 1..."
      Author/creator: Karen Parker
      Language: English
      Source/publisher: United Nations
      Alternate URLs: http://www.guidetoaction.org/parker.html
      Date of entry/update: 22 November 2010


      Title: Military Regime to Establish Base on Mars ... or a Human Rights Commission
      Date of publication: April 2000
      Description/subject: "Recently, the military regime indicated it might establish a human rights commission in Burma...the article considers the practicalities of establishing an effective human rights commission under Burma's current governance. The human rights commission being contemplated is a type of body existing in many countries and internationally known as a National Human Rights Institution ('NHRI'). The article provides a general background of NHRIs, notes the existing NHRIs in the Asia-Pacific, and addresses some main features of an NHRI. Then, with this background, an analysis is made of the relevant factors in Burma. It is hoped this will provide a basic explanation about NHRIs, which may assist in the ongoing discussion on how such a body could feature in Burma's future..."
      Author/creator: John Southalan
      Language: English
      Source/publisher: Legal Issues on Burma Journal No. 5 (Burma Lawyers' Council)
      Date of entry/update: 03 June 2003


      Title: Hard cases: bringing human rights violators to justice abroad - A guide to universal jurisdiction
      Date of publication: October 1999
      Description/subject: "In late 1998 the Chilean Senator Augusto Pinochet was arrested in London, following a request for extradition by a Spanish prosecutor. He was charged under Spanish law for grave human rights abuses, under a universal jurisdiction rule that had rarely been used. Anticipating that this case would trigger others, in early 1999 the Council convened a meeting of human rights experts to discuss the implications of using the universal jurisdiction rule more widely. Hard cases is based on the meeting. Written for use by NGOs and for individuals interested in the ethical and legal issues, it sets out the arguments that support its use and examines some of the ethical, practical and legal problems that arise when it is applied..."
      Author/creator: Peggy Hicks and David Petrasek.
      Language: English
      Source/publisher: International Council for Human Rights Policy
      Format/size: PDF (235K)
      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


    • Burma Lawyers' Council (BLC)

      Websites/Multiple Documents

      Title: "Legal Resources" on the BLC site (via Archive.org)
      Description/subject: This section of the BLC website contains most of the laws - mostly in English) which were not repealed before 2003(?), including from Vols. I-III of the "Burma Code" and Myanmar Law (1988-2006)
      Language: English, Burmese/ ျမန္မာဘာသာ
      Source/publisher: Burma Lawyers' Council via Archive.org
      Format/size: html
      Date of entry/update: 16 April 2013


      Title: Burma Lawyers' Council website
      Description/subject: Contains a number of Burma law-related documents including the BLC journal of "Legal Issues on Burma Journal" (English) and "Journal of Constitutional Affairs" (Burmese) as well as texts in English and/or Burmese of laws/decrees, constitutions and associated documents. The BLC site is down at the moment (permanently?) but the BLC archive is acessible to 2011 in Archive.org via the primary link here.
      Language: English, Burmese
      Source/publisher: Burma Lawyers' Council (BLC)
      Format/size: html
      Alternate URLs: http://web.archive.org/web/20110902222123/http://www.blc-burma.org/
      Date of entry/update: 03 June 2003


    • "LawKa Pala - Legal Journal on Burma" (English)
      Formerly "Legal Issues on Burma Journal"... Despite the name, this is a distinct journal, and not simply the English version of the Burmese-language "LawKa pala" (formerly "Journal of Constitutional Affairs"). The BLC site is currently (permanently?) offline, but alternate links to the BLC site are provided in case it returns.

      Individual Documents

      Title: "LawKa PaLa - Legal Journal on Burma" - No. 39 (August 2011)
      Date of publication: August 2011
      Description/subject: Contents:- Part A: Impunity in Burma: (1) The Dangers of Soldiers Judging Soldiers By U Myo and James Tager -- "Burma’s Constitutional court can protect some civilians from the dangers of the Courts-martial system, if it is brave enough. But for others, there is currently no legal protection from military impunity." ... (2) Burma’s System of Impunity: A Legal Argument for Why 9 Burma Cannot Find a Domestic Resolution for its Heinous Crimes - By James Tager -- "The new Constitution has created a system where the judicial branch functions as an extension of the executive, the legislative branch is unable to act without the consent of the military, and government members are given amnesty for their crimes. In short, it has perpetuated the system of impunity upon which the military junta has relied for decades"... (3) The New Regime’s Judiciary Under the 2008 Constitution By B.K Sen - "...The 2008 Constitution has rendered the judiciary a cog in the bureaucratic machinery and justice is as elusive as ever. The pre-constitution era of the judiciary has not changed as the constitution has made no dent on it. Who will say that the present judiciary is different from the military-ruled judiciary?..."... Part B: Special Features: (1) Burmese Government in Exile: Outcast but not Irrelevant By Stephanie Swigert - "...Although [the] influence [of the NCGUB] is limited, their very existence serves as a constant reminder to the international community that the legitimacy of Burma’s ruling party is disputed. As elected representatives, the NCGUB and MPU have a strong legal basis from which to build international support and lobby for democratic transition in Burma..." (2) The USDP: An Unlawful Association - By Lane Weir "...this analysis demonstrates one way in which the existing Burmese legal framework could be used to prosecute those who have persecuted political opposition, ethnic minorities and Burma’s most vulnerable populations for decades..."... (3) Action in Burma: The International Rule of Politics - By Pia Dutton - "...This article considers whether international intervention by the United Nations in Burma can be justified according to principles of current international law (jus ad bellum as distinguished from the jus in bello)..." (4) The Elements Necessary for the Development of a 73 Free Market Economic System in Burma - "...For a market economy system to succeed, it must be based on the rule of law and protected by an impartial judiciary. To a large extent, a successful market economy depends on the trust the market participants have in the legal system to uphold their rights and fairly adjudicate their disputes. There must be an efficient, just and affordable judicial mechanism to resolve disputes, including the disputes involving governments. The mechanism must have strong, enforceable safeguards to ensure that the parties are treated fairly..."
      Language: English
      Source/publisher: Burma Lawyers Council
      Format/size: pdf (613K)
      Date of entry/update: 08 December 2011


      Title: "LawKa PaLa - Legal Journal on Burma" - No. 38 (April 2011)
      Date of publication: April 2011
      Description/subject: Contents:- Part A: Special Features - (1) Militarized development is always unsustainable - Leslie Choi; (2) Burmese government land grabs: Farmers without rights - U Myo and Lane Weir; (3) Undemocratic November, 2010 Election in Burma - Lane Weir; (4) Under Review: Burma’s Failure to Comply with the Convention on the Rights of the Child - Lane Weir; (5) Burma’s System of Impunity: A Legal Argument for Why Burma Cannot Find Resolution for its Heinous Crimes Domestically - James Tager... Part B: Constitutional Law: (1) How the 2008 Constitution Restricts Multi-Party Democracy in Burma - U Myo; (2) The Burmese Constitution: “A Discipline-Flourishing Democracy” Is No Democracy At All - Dustin Milligan.
      Language: English
      Source/publisher: Burma Lawyers Council (BLC)
      Format/size: pdf (485K)
      Date of entry/update: 09 December 2011


      Title: "LawKa PaLa - Legal Journal on Burma" - No. 37 (December 2010)
      Date of publication: December 2010
      Description/subject: Part (A)- Special Features: - Freedom Address calls for cooperation and democracy. - Accountability and the Future: A Commission of Inquiry into War Crimes in Burma. - Demand for the Unconditional Release of Daw Aung San Suu Kyi. - Suu Kyi says she is seeking: A Non-Violent Revolution - Part 3 and Final: Excerpt from paper on the National Convention's Principles of a Constitution. - SPDC'S 2010 Election Result ... Part (B)- Judiciary: - The Issue on the Stability of Society in Thailand: Judicial Review and the Role of Courts... Part (C)- Rule of Law: - The ICJ Decision on the Struggle for Self-Determination: The Landmark Verdict of the International Court of Justic on Separatism. - Supreme Court Rejects NLD Appeal to be Reinstated... Part D - Burmese Migrant Workers Issues: - The Thai Ministry of Labour vows to control alien migrants: no pregnancy or they will be sent back.
      Language: English
      Source/publisher: Burma Lawyers' Council
      Format/size: pdf (662K)
      Date of entry/update: 12 May 2011


      Title: "LawKa PaLa - Legal Journal on Burma" - No. 36 (August 2010)
      Date of publication: August 2010
      Description/subject: CONTENT:- Part (A): Constitutional and 2010 Elections: (A.1) The Impossibility of Free Fair Elections under Existing Draconian Laws; (A.2) The 2010 Elections: Political Parties and Ethnic Organizations; (A.3) The Nexus Between the 2008 Constitution and 2010 Election; (A.4) Disenfranchised Demographics: Migrant Workers, Refugees, Internally Displaced Persons, and Political Prisoners; (A.5) Analyses of the Situation in Burma... Part (B): Judiciary and Rule of Law: (B.1) A Comparative Study: Seeking Judicial Power with a Special Focus on Burma's Judiciary; (B.2) The Burma Lawyers’ Council Applauds the United States for Its Support for a United Nations Commission of Inquiry... Part (C): Federalism: (C.1) Federalism in Multiethnic Societies: A Look at Accommodative Institutions : C.Rubi
      Language: English
      Source/publisher: Burma Lawyers' Council (BLC)
      Format/size: pdf (966K)
      Date of entry/update: 13 January 2011


      Title: "LawKa PaLa - Legal Journal on Burma" - No. 35 (April 2010)
      Date of publication: April 2010
      Description/subject: CONTENT: Part A: Special Features: 1. Democratic Election Standard; 2. 2010 Election in Burma From the Perspective of Rule of Law; 3. The Economic Development and Rule of Law; 4. Civil Society Formation and Rule of Law; 5. Statement on the Parliamentarian’s Request to the UN Security Council on the Formation of a Commission of Inquiry... Part B: Judiciary: The Role of Judiciary in Burma; Part C: The Rule of Law; BLC Statement on the false accusations against the organization;
      Language: English
      Source/publisher: Burma Lawyers' Council (BLC)
      Format/size: pdf (1MB)
      Date of entry/update: 13 January 2011


      Title: "LawKa PaLa - Legal Journal on Burma" - No. 34 (December 2009)
      Date of publication: December 2009
      Description/subject: Part A: Special Feature: (A.1) Summary of "Analysis of the forthcoming 2010 election in Burma from the perspective of human rights" by Burma Lawyers' Council; (A.2) Constructive Engagement: A Critical Evaluation... Part B: In Review: (B.1) Burma: Many Crises, No Response; (B.2) Position of UN Special Repporteur on Human Rights in Burma and 2008 Constitution and 2010 Election; (B.3) ASEAN Snubs Civil Society Groups, Dashes Hopes for Effective Human Rights Mechanism, by Andrea Gittleman... Part C: Ethnic Issue: (C.1) Burma and National Reconciliation: Ethnic Conflict and State-Society Dysfunction, by Chao-Tzang Yawnghwe... Part D: The Rule of Law: (D.1) Appeal to Take Action on the SPDC Military Regime in Burma in Regard to its Recent Oppression of Reporters and Journalists who Exercise Freedom of Expression; (D.2) GJC/BLC Letter to Chief Justices in Asia on Chief Justice U Aung Toe of Burma; (D.3) Landmark Trial of Daw Aung San Suu Kyi, by B.K. Sen; (D.4) BLC/GJC letter to International Crisis Group; (D.5) The Security Council should address the situation in Burma and protection of civilians in armed conflict... Part E: BLC Activities: (E.1) Interface Burma: To promote awareness on International Criminal Court; (E.2) BLC's Participation in Assembly of State Parties to ICC.
      Language: English
      Source/publisher: Burma Lawyers' Council
      Format/size: pdf (874K)
      Date of entry/update: 29 April 2010


      Title: "LawKa PaLa - Legal Journal on Burma" - No. 33 (August 2009)
      Date of publication: August 2009
      Description/subject: Contents: Part A. Seeking Criminal Accountability in Burma: 1. Seeking Criminal Accountability, the Rule of Law and Democratic Transition for Burma; 2. Seminar on Advancing Human Rights and Ending Impunity in Burma; 3. End Burma’s System of Impunity; 4. A Summary of the IHRC Report on "Crimes in Burma"; 5. BLC and GJC's open letter to UN Secretary General Ban Ki-moon; 6. WLB open letter to UN Secretay General Ban Ki-moon 7. 13th Conference of Forum on Burmese in Europe (FBE) and Open letter to UN Secretary General Ban Ki-moon; 8. ICC Prosecutor's Comment on "Impunity No More"; 9. The New ASEAN Inter-governmental Commission on Human Rights..... Part B: Fair Trial and Judicial Issue: 1. Trial of Daw Aung San Suu Kyi by B.K Sen; 2. Putting Burma's Junta on Trial; 3. BLC Appeal on ICC and Daw Aung San Suu Kyi Case; 4. BLC Statement on Depayin Massacre..... Part C: Labor Issue: 1. An Analysis of Article 2(d) of the ILO Convention on Forced Labour, 1930; 2. Current Situation of Burmese Migrant Workers and their Children in Thailand..... Part D: BLC Activities: 1. The activities of Peace Law Academy on February to May 2009; 2. BLC Chairperson's speech in POLA: Economic Development and the Rule of Law in Burma.
      Language: English
      Source/publisher: Burma Lawyers' Council (BLC)
      Format/size: pdf (1.6MB)
      Date of entry/update: 28 April 2010


      Title: "LawKa PaLa - Legal Journal on Burma" - No. 32 (April 2009)
      Date of publication: April 2009
      Description/subject: Contents:- Part A: Special Features: (A.1) Burma’s Judiciary: What changes will be required to create a new system?... (A.2) Opening of Advanced Internship Program at Peace Law Academy... (A.3) Housing, Land and Property Rights in Burma: Towards New Strategies..... Part B: Rule of Law: (B.1) Unlawful Imprisonment of Lawyers under Contempt of Courts Act... (B.2) The Case of Ma Kay Thi Aung... (B.3) The Issuance of Passports to Burmese Migrant Workers... (B.4) Statement on the Unlawful Confiscation of Land in Burma... (B.5) Statement on the SPDC Government Ministries... (B.6) Statement on the Abolishment of the Union Solidarity and Development Association..... Part C: Criminal Accountability: (C.1) Call For Investigation of Human Rights Abuses after Cyclone Nargis..... Part D: Constitutional Issues: (D.1) Analysis of the SPDC Constitution from the Perspective of Ethnic Nationalities... (D.2) Part 2: Excerpt from Paper on the National Convention’s Principles for a Constitution... (D.3) The Failure of the SPDC Constitution to Protect Judicial Independence
      Language: English
      Source/publisher: Burma Lawyers Council (BLC)
      Format/size: pdf (2.2MB)
      Date of entry/update: 18 December 2009


      Title: "LawKa PaLa - Legal Journal on Burma" - No. 31 (December 2008)
      Date of publication: December 2008
      Description/subject: Contents:- Part A: Persecution of Lawyers: (A.1) Burmese Lawyers Sent to Prison for Demanding Fair Trials... (A.2) Statement Concerning Myanmar Lawyers... (A.3) Unlawful Convictions of Burmese Political Prisoners are Crimes Against Humanity... (A.4) Struggle to Achieve Fair Trial Rights and Justice..... Part B: Rule of Law: (B.1) Conclusive Recommendations of the BLC General Secretary... (B.2) Key Legal Questions Raised by the Suffocation of 54 Burmese Migrant Workers... (B.3) A Discussion of Five Burmese Cases from the Perspective of the Rule of Law... (B.4) Unlawful Detention in the Case of Min Ko Naing and 21 Other Democracy Leaders..... Part C: Special Features: (C.1) A Legal Analysis on the Plight of Ethnic Nationalities in Burma... (C.2) Part 1: Excerpt from Paper on the National Convention’s Principles for a Constitution..... Part D: Criminal Accountability: (D.1) Momentum Building for Criminal Accountability Campaign (D.2) The ICC's Indictment of the Sudanese President and its Relevance to Burma..... Part E: Political Developments: (E.1) Dictators Cannot Bury Democracy... (E.2) UN Credentials Challenge and United Opposition to the SPDC Roadmap..... Part F: Recent BLC Activities: (F.1) BLC Lawyers Train Karenni Refugees on Lawmaking... (F.2) Legal Training on DVB Television
      Language: English
      Source/publisher: Burma Lawyers' Council (BLC)
      Format/size: pdf (7.4MB)
      Date of entry/update: 18 December 2009


      Title: "LawKa PaLa - Legal Journal on Burma" - No. 30 (August 2008)
      Date of publication: August 2008
      Description/subject: Contents: Part A: Focus on Criminal Accountability: (A.1) Burma Lawyers' Council Report on ICC Campaign... (A.2) Special Announcement on the Fifth Anniversary of the Depayin Massacre (A.3) Statement Condemning Extension of Daw Aung San Suu Kyi's Detention... (A.4) In Brief: ICC Rules of Evidence and their Relevance to Collection of Evidence in Burma... (A.5) The Junta's Criminal Constitution... (A.6) Catastrophe in Burma a Wake Up Call to the International Community: Time to End Impunity for Heinous Crimes by the Military Regime... (A.7) In the Wake of Historic Resolution 1820 Women of Burma and Lawyers Call to Refer the Situation in Burma to the International Criminal Court... (A.8) EU Resolution Urges UK to Use Presidency of the Security Council to Refer Burma to the International Criminal Court... (A.9) Excerpts from "Dealing with Burma's Criminal Accountability Issue: Trip Report of the BLC General Secretary to Australia and Japan"..... Part B: Special Feature: Responding to the Human Rights Situation in Burma: A UN Framework for Non-Forcible Measures by David I. Fisher, Professor of International Law, Stockholm University...... Part C: Referendum and Constitution: (C.1) 2010 Elections: No Hope for Human Rights... (C.2) Activities conducted by the BLC on SPDC constitution and referendum... (C.3) Analysis of the SPDC's Constitution from the Perspective of Human Rights... (C.4) Letter from United Nationalities Alliance on Political Situation in Burma..... Part D: The Rule of Law: (D.1) Response to Kyaw Ye Min regarding Extension of Daw Aung San Suu Kyi's Detention... (D.2) Appeal to UN Secretary General to Take Immediate Action for the Release of Zagana.
      Language: English
      Source/publisher: Burma Lawyers' Council (BLC)
      Format/size: pdf (3.2MB)
      Alternate URLs: http://www.blc-burma.org/PDF/LIOB/LawkaPala%2030%20Eng.pdf
      Date of entry/update: 01 November 2008


      Title: "LawKa PaLa - Legal Journal on Burma" - No. 29 (April 2008)
      Date of publication: April 2008
      Description/subject: Contents: Part A: Referendum Issues: (A.1) Statement Protesting the Unlawful Issuance by the SPDC of Temporary National Registration Cards for Voting in the Referendum... (A.2) Letter to ILO regarding Migrant Worker Voting in Referendum... (A.3) The Referendum Law for the Approval of the Draft Constitution of the Republic of the Union of Myanmar, 2008..... Part B: Constitutional Issues: (B.1) International Lawyers Denounce Attempt by Myanmar Regime to Give Themselves Immunity From Criminal Prosecution and Renew Call For Criminal Investigation... B.2) The Burma Lawyers' Council Demands that the SPDC Officially Announce and Release their Confirmed Draft of the Constitution..... Part C: Rule of Law and Social Justice Issues: (C.1)Accepting Statements made before Police or Military Intelligence in Court Violates the Principle of an Independent Judiciary... (C.2) Letter to Chief Justices regarding U Aung Toe... (C.3) Chief Justice under Attack and Independence of the Judiciary: What Lessons are there for Burma's Legal Profession?... (C.4) Analysis on the status of the economic, social, cultural and environmental rights of people in Burma (2007)... (C.5) Analysis on the September Uprising Part D: Criminal Accountability Issues..... (D.1) FIDH: Possible Crimes against humanity: prosecuting the Burmese military before the International Criminal Court (ICC)?: (D.2) BLC General Secretary Travels to London for Meetings on Criminal Accountability... (D.3) Memorandum of Understanding between BLC and ND-Burma..... Part E: Recent BLC Activities: (E.1) A Brief Description of the Recent Work of the Legal Aid Section of the BLC... (E.2) Graduation Ceremony of the Advanced Internship Program in Human Rights and Law.
      Language: English
      Source/publisher: Burma Lawyers' Council (BLC)
      Format/size: pdf (1.9MB)
      Alternate URLs: http://www.blc-burma.org/PDF/LIOB/LawKaPala%2029%20Eng.pdf
      Date of entry/update: 01 November 2008


      Title: "LawKa PaLa - Legal Journal on Burma" - No. 28 (December 2007)
      Date of publication: December 2007
      Description/subject: CONTENTS: Part A: On Constitutional Issue of Burma: (A.1) "The Minimum Elements Necessary in Burma's Constitution for Economic Development"... (A.2) IBA's Letter to the military regime in Burma on Constitutional Drafting Process"..... Part B: On Foreign Investment Issue and Relevant Economic Laws in Burma: "An Analysis of the Application of Burma's Economic Laws in Myanmar:. Foodstuff Industry Vs. Yaung Chi Oo Co., Ltd"..... Part C: On Criminal Accountability Issue in Burma and Possible Referral of the UN Security Council to the International Criminal Court: (C.1) Extracts from MOU of BLC and GJC for Joint Efforts of Criminal Accountability... (C.2) International Lawyers Call for Criminal Accountability for Myanmar Regime... (C.3) "BLC's Position on Mr. Ibrahim Gambari's October 5, 2007 Briefing to UNSC"... (C.4) BLC's Participation in ICC meeting for criminal accountablity issue... (C.5) BLC's Efforts for the attention of the UNSC and the ICC on Criminal Accountability Issue of Burma..... Part (D): On the Rule of Law and Justice: (D.1) Shooting Peacefully Demonstrating Monks... (D.2) The BLC's call for Justice for the Burmese Military Junta's Violent Crackdown... (D.3) Request for ILO's Intervention in Burma for Violations... (D.4) Burma Justice Committee presents petitions to the UN.
      Language: English
      Source/publisher: Burma Lawyers' Council (BLC)
      Format/size: pdf (828K-OBL; 1.1MB - BLC)
      Alternate URLs: http://www.blc-burma.org/PDF/LIOB/LawkaPala%2028%20Eng.pdf
      Date of entry/update: 01 November 2008


      Title: "LawKa PaLa - Legal Journal on Burma" - No. 27 (September 2007)
      Date of publication: September 2007
      Description/subject: Part A: On Sham National Convention and Analysis on SPDC's Constitutional Principles: (1) A critique of the SPDC Constitutional Principles; (2) Brief presentation of National Convention Delegates on their experiences (at the press conference of NCUB July 15); (3) Overview on National Convention by Mr. B.K. Sen; (4) Cease fire issue and SPDC's National Convention; (a) Introduction to Cease fire Background of KIO and its involvement in SPDC's National Convention; (b) KIO's recommendation to SPDC's National Convention; (5) BBC Interview of BLC GS and U Aung Naing Oo on SPDC's Constitutional principles... Part (B): Heinous Crimes in Burma and the International Criminal Court: (1) BLC's Legal Analysis on Heinous Crime taking place in Burma; (2) Grave Crimes and ICC by Janet Benshoof... Part (C): On The Rule of Law: (1) BLC Statement on USDA; (3) Three lawyers (inside Burma) discussions on the Rule of Law; (4) Political Crisis in Turkey and the Role of Constitutional Court... Part (D): On Social Security: (1) BLC's Social security report for 2007.
      Language: English
      Source/publisher: Burma Lawyers Council (BLC)
      Format/size: pdf (1.56MB)
      Alternate URLs: http://www.blc-burma.org/PDF/LIOB/LawkaPala%2027%20Eng.pdf
      Date of entry/update: 30 October 2007


      Title: "LawKa PaLa - Legal Journal on Burma" No. 26, April 2007
      Date of publication: 07 April 2007
      Description/subject: Special Features: Legal comments of the Burma Lawyers' Council on U Khun Htun Oo and Eight Other Shan Leaders; Analysis on the Situation of the Refugee Camps From the Rule of Law aspect... In Brief: Justice is conscience, not a personal conscience but the conscience of the whole of humanity... In Review: Burma and the Common Law? An uncommon question... BLC image: Trip report... Statement and Press release: The Threat of Legal Action Against U Aung Shwe and U Aye Tha Aung; Arrests of Peaceful demonstrators in Burma; Appeal from the Burma Lawyers' Council to Police Officers inside Burma; SPDC's unlawful support to the DKBA; Unlawful arrest and detention of Demonstrators in Burma; Korean Court continued its trial on the case of Daewoo International; International Seminar on Human Rights in Japan.
      Language: English
      Source/publisher: Burma Lawyers' Council (BLC)
      Format/size: pdf (934K)
      Alternate URLs: http://www.blc-burma.org/PDF/LIOB/LawKapala%2026%20Eng.pdf
      Date of entry/update: 31 October 2007


      Title: "Legal Journal on Burma" No. 25 - December 2006
      Date of publication: December 2006
      Description/subject: Regular Features: Burma and the Common law? and An Uncommon Question; Ethnic Issues and Civil Society in Burma; Thailand must steer Clear from Burma junta's way to Democracy... In Brief: Junta and its New Constitution; UN & Burma... In Review: Power Sharing and International Mediation in Ethnic Conflicts - Timothy D Sisk Publisher, US Institute of Peace Policy Papers, Letters and Statements - Ethnic Nationalities Council... News and Note: Custody dealth; Burma Restricts ICRC; UNDOC- Dangerous drug trend in Burma; Corruption; Law Academy.
      Language: English
      Source/publisher: Burma Lawyers' Council (BLC)
      Format/size: pdf (405K)
      Date of entry/update: 31 October 2007


      Title: "Legal Journal on Burma" No. 24 - August 2006
      Date of publication: August 2006
      Description/subject: Regular Features: Daw Aung San Suu Kyi and her detention; Burma's military leader and freedom of expression; SPDC's assault on humanitarian assistance; Legal analysis on the case of advocate U Aye Myint... In Brief: Waiting on the rule of law; Burma's junta's loss of sense... In Review: Burundi transition; Interpretation of statutes... News and Note: Open letter to UN Security General; Activities of Pyi-Daung-Su Law Academy; UN Human Rights Council.
      Language: English
      Source/publisher: Burma Lawyers' Council
      Format/size: pdf (265K)
      Date of entry/update: 31 October 2007


      Title: "Legal Journal on Burma" No. 23, April 2006
      Date of publication: April 2006
      Description/subject: R Regular Features: - Self-determination & Law, Venkat Iyer;; - Laws of the child in Burma, B.K. Sen; - Rule of Law on trial, Supara Janchitfah; R In Brief: - ASEAN Envoy's visit to Burma; - The Supreme Court punts... R In Review: - Transition in Lebanon; - Arbitration Act of Myanmar... R News & Notes: - Opening ceremony on Pyi-daung-Su Law Academy (BLC).
      Language: English
      Source/publisher: Burma Lawyers' Council (BLC)
      Format/size: pdf (546K)
      Alternate URLs: http://www.blc-burma.org/PDF/LIOB/ljob23.pdf
      Date of entry/update: 25 February 2007


      Title: Legal Issues on Burma Journal No. 22
      Date of publication: December 2005
      Description/subject: Regular Features: A Brief Analysis on the Legitimacy of SPDC’s National Convention and its Constitution; Six Migrant Workers Murder Case and Legal Status Issue of Burmese Migrant Workers in Thailand; Political Offences in Burma; The Administration of Justice and Court Procedure in Myanmar... In Review: Law, Morality and Justice; Democracy will come to China - in 25 years... In Brief: U.N. Hears Case against Burma; Burma and its road map... News and Notes: Daw Aung San Suu Kyi Conviction and sentence of the Shan leaders.
      Language: English
      Source/publisher: Burma Lawyers' Council
      Format/size: pdf (405K)
      Date of entry/update: 16 March 2006


      Title: "Legal Issues on Burma Journal" No. 21
      Date of publication: August 2005
      Description/subject: Contents: Position Paper of the Constitutional Committee on the Revelations of the People’s Aspirations... Part (1) The Constitution, People’s Aspirations and Participation: ( 1 ) The Constitution and People’s Aspirations; ( 2 ) The Rights of the People to participate in the development of the Constitution... Part (2) The Brief History of the Emergence of Burmese Constitutions... Part (3) Work Schedule of the Emergence of the Constitution: ( a ) Work program of the Opposite Political groups; ( b ) The process implemented by the SPDC ( military rulers )... Part (4) Sectional Presentation for Systematic Revelation: ( A ) Rule of Law; ( B ) Human Rights and Constitution; ( C ) Bill of Rights; ( D ) The Structure of a State; ( E ) Sovereignty and Constitution; ( F ) Government Systems; ( G ) Independent Judiciary and Court Power; ( H ) Political Parties and Civil Society Organizations; ( I ) Women’s Rights and the Constitution; ( J ) Conservation of Natural Environment and the Constitution; ( K ) Self-determination of ethnic nationalities according to the Constitution; ( L ) The Role of the Army in the Constitution.
      Language: English
      Source/publisher: Burma Lawyers' Council (BLC)
      Format/size: pdf (283K)
      Alternate URLs: http://www.blc-burma.org/PDF/LIOB/LIOB21.pdf
      Date of entry/update: 02 November 2005


      Title: "Legal Issues on Burma Journal" No. 20
      Date of publication: April 2005
      Description/subject: Brief Survey of Development of Laws in Burma - Burma Lawyers’ Council; Evolution of Law and Legal Concept in Burma: Challenges At the Transition - Tun Myint; Burma’s Junta Combating Corruption? - B.K. Sen; Legal Commentary: Kafkaism rules Burma Juidiciary - Muhammad Yusuf; New Wave of Democratic Struggles - reflection on Burma, Iraq, Egypt, Palestine, Lebanon, Kyrgyzstan; National Convention; Current Legislations in Myanmar against AIDS; The Emergency Provisions Act (1950).
      Language: English
      Source/publisher: Burma Lawyers' Council (BLC)
      Format/size: pdf (920K)
      Alternate URLs: http://www.blc-burma.org/PDF/LIOB/Liob20.pdf
      Date of entry/update: 05 May 2005


      Title: "Legal Issues on Burma Journal" No. 19
      Date of publication: December 2004
      Description/subject: Regular Features: Where is Burma Heading? Prof. Josef Silverstein... Economic Pressure: The Political Currency of the Burmese Junta. Reform through disengagement, Jane Carter... A Facet of Burma’s Criminal Justicce- Bail, Not Jail, B.K.Sen... Burmese Workers in a state of Forced Labour within & without Burma, Jason Douglas Hoge... Legal Commentary, Ms. Janelle Saffin... In Brief: Press briefings October 22, 2004 on Khin Nyunt; 2004 American Presidential Election; Win, Loss or Draw for Rule of Law in Burma... In Review: The Administration of Justice and Court Procedure in Myanmar; Beyond the National Convention... News And Notes.
      Language: English
      Source/publisher: Burma Lawyers' Council (BLC)
      Format/size: pdf (370K)
      Alternate URLs: http://www.blc-burma.org/pdf/liob/liob19.pdf
      Date of entry/update: 05 May 2005


      Title: "Legal Issues on Burma Journal" No. 18
      Date of publication: August 2004
      Description/subject: A Brief Analysis on the Judiciary of Burma; Judiciary & Social Justice (by B.K. Sen); Reflection on the Naitonal Convention (the Road Map in Burma); Case of Nine Innocent Persons Condemned to Death; Burmese Migrant Workers (A Question of Human Rights); Family Law of Thailand; With a Deep Desire to promote Judiciary.
      Language: English
      Source/publisher: Burma Lawyers' Council (BLC)
      Format/size: pdf (482K)
      Alternate URLs: http://www.blc-burma.org/pdf/liob/liob18.pdf
      Date of entry/update: 17 November 2004


      Title: "Legal Issues on Burma Journal" No. 17
      Date of publication: April 2004
      Description/subject: Moving in Two Directions: Where is Burma Headed? Josef Silverstein... Freedom of Expression and Transition away from Authoritarian Rule, B.K. Sen... Human Rights Norms in Burmese Society, Khin Maung Win... Impunity and Judicial Independence, John Southalan.
      Language: English
      Source/publisher: Burma Lawyers' Council (BLC)
      Format/size: pdf (779K)
      Alternate URLs: http://www.blc-burma.org/pdf/liob/liob17.pdf
      Date of entry/update: 05 August 2004


      Title: "Legal Issues on Burma Journal" No. 16
      Date of publication: 31 December 2003
      Description/subject: A Brief Analysis on SPDC’s Constitutional Principles (Burma Lawyers’ Council); Analysis of the National Convention Procedural Code 42 (Khin Maung Win); Road Map or Road Trap? (BK Sen) Clash of the Titans (Aung Naing Oo)
      Language: English
      Source/publisher: Burma Lawyers' Council (BLC)
      Format/size: pdf (320K)
      Alternate URLs: http://www.blc-burma.org/pdf/liob/liob16.pdf
      Date of entry/update: 12 April 2004


      Title: "Legal Issues on Burma Journal" No. 15
      Date of publication: August 2003
      Description/subject: * Preliminary Report of The Ad hoc Committee on Dapayin Massacre (Burma) (by The Ad hoc Committee on Dapayin Massacre): It contains ten items tracing the formation of the Ad-hoc Commission on Depayin Massacre background of the event and the event itself and analysis as to why such event happened. As evidences, affidavits of eye-witnesses interviews, photo exhibits have been included. List of victims, list of persons arrested has also been given to lend authenticity... * Dapayin Massacre, Crime Against Humanity, National Reconciliation and Democratic Transition (by Aung Htoo): This is a special article "Depayin Massacre, Crime Against Humanity, National Reconciliation and Democratic Transition", by the General Secretary U Aung Htoo. He has explained the motive behind the crime, namely to deny result of 1990 may election. The fact that is well-planned and directed against a specific "Certain population", he argued, constituted crime against humanity and perpetrators should be brought to justice. Further he submitted that within accountability, genuine dialogue with SPDC was not a reality... The State Protection Law Protects The Junta (by Aung Naing Oo): Aung Naing Oo explains the plight of U Kyaw San to illustrate Burma's notorious state Protection Law. Discusses the judicial Procedures and lack of protection or representation and includes that its abolition is a necessary condition for national reconciliation... * Ethnic Problems and Constitutional Solutions (by Dr. Alan Smith): Alan Smith gives an erudite exposition of politics of ethnicity in the context of Burma's perennial ethnic problems. The making of a future Constitution of Burma has been made difficult by the military. He has stated that the ethnic leaders in exile have made serious efforts in discussing a Federal Constitution including State Constitutions. Alan Smith has explained lucidly the problem of regional autonomy and federalism. This issue of 8 state formula Vs 14 State formula with diagrams, the rights of minorities. Alan Smith underscores the need for a consensus model of decision making at the national lever rather than pursue a pure form of federalism... * Securing Media Freedom in a Democratic Burma: Some Reflection (by Dr. Venkat Iyer): Dr. Venkat argues that Burma's post-independence need of despotism is an obstacle to clear and hard-heading thinking to evolution of a free media. Constitutional, Legal, political and practical protections are needed to guarantee Freedom of Media. Dr. Venkat also elaborates as to whether media should enjoy any special privileges under the law... * Perspective on Federalism and the Future Constitution of Burma:Interview with Colonel Zin Kyone, the General Secretary of the National Democratic Front (NDF).
      Language: English
      Source/publisher: Burma Lawyers' Council (BLC)
      Format/size: pdf (860K)
      Alternate URLs: http://www.blc-burma.org/pdf/liob/liob15.pdf
      Date of entry/update: 13 April 2004


      Title: "Legal Issues on Burma Journal" No. 14
      Date of publication: April 2003
      Description/subject: Regular Features: Some Thoughts on the Special Rapporteur Paulo Pinheiro and his 2002 Final Report to the UN Human Rights Commission - Joseph Silverstein; Unocal’s Destructive Engagement in Burma- the Lawsuit Ensues - Danya Marshman; Criminal Case For A Cause - India’s Democracy on Trial: The Government of India -v- Ko Soe Myint & One - B.K. Sen and Thein Oo... Special Feature: Legal Aid: Need for Legal Aid Law in Burma: Problems and Prospects - B.K. Sen; Institutional Legal Aid: Trends and Challenges in the Asian Region - Peter B. Payoyo (LL.M., Ph.D.); Workshop on Mutual Legal Assistance and the Office of the Attorney General... Interview: Interview with President of the Karenni State Khu Bya Reh... In Brief: SPDC and the Constitution; The Bank Run in Burma…A Legal Issue; In Review: The 1973 Interpretation of Expressions Law; The Bar Council Under the SPDC.
      Language: English
      Source/publisher: Burma Lawyers's Council (BLC)
      Format/size: pdf (629K) 67 pages
      Alternate URLs: http://www.blc-burma.org/pdf/liob/liob14.pdf
      Date of entry/update: 18 June 2003


      Title: "Legal Issues on Burma Journal" No. 13
      Date of publication: December 2002
      Description/subject: Regular Features: 1) John Doe and Others vs. Unocal Corporation and Other (by John Southalan): This a judgment of U.S. Court confirming human rights abuses of the ruling junta, Burma SPDC associated with constraints of a pipeline in Southern Burma. The villagers were subjected to forced labor by the company and the military provided building infrastructure; 2) Anti-Trafficking Human Law in Burma -Need of the Hour- (by B.K. Sen): The article brought out the differences in former legal definition of the term. It focused on the magnitude of the problem and set out the recom- mended guidelines of human rights commission. The emphasis of the arti- cle was to put in place immediately an anti-human trafficking law; 3) "The controlling money Launder-ing Law" significance of the Press Briefing (by Legal Aid Section): In this article, the latest press briefing on the subject by the SPDC was analyz-ed. The significance of the press con- ference was to give assurance to the potential offenders not to panic; Special Features: 1) Charter of Legal Reforms in Burma (by Thein Oo and Janelle Saffin): It is set out in the project the preamble, its description, objectives, and approach. It traces the legal history it marks the legal areas for reform, the need for new laws, the reform process as part of restoration of rule of law. However, this article does not reflect the official platform of the BLC; Interview: Interview with Pado Man Shar: This was by leading Karen leader, Pado Man Shar, and it brought out the com- mitment of Karen national ethnicities to the Federal Union of Burma; In Brief: 1) Sri Lanka Peace talks: The peace talks in Sri Lanka Between ethnic minorities and majority were mentioned; also what reflection it has on Burma; 2) "Regime change" Burma and Iraq: The differences in situations of the two countries were brought out, although both needed changes; In Review: This is a new feature added to the journal. 1) Judicial Laws Exposed, China: This article gives a glimpse as to how China was trying to reform its legal system contrary to Burma; 2) Law Journal in Burma Attorney General or Prosecutor General (Burma)?
      Language: English
      Source/publisher: Burma Lawyers' Council (BLC)
      Format/size: pdf (647K) 77 pages
      Alternate URLs: http://www.blc-burma.org/pdf/liob/liob13.pdf
      Date of entry/update: 18 June 2003


      Title: "Legal Issues on Burma Journal" No. 12
      Date of publication: August 2002
      Description/subject: "Prospects for the Democratic Transition in Burma", Josef Silverstein, p 3; "Proposed Mass Media Law", BLC, p 17; "Ne Win's Family Conspiracy Trial & Some Questions", B.K. Sen, p 29; "Burma's Toothless Money Laundering Law", BLC Legal Aid Section, p 35; "Justice or Punishment: Forgiveness or Vengeance: Amnesty or Amnesia: Is There a Middle Path for Burma?", Thein Oo and Janelle Saffin, p 38; "Forgotten: Political Prisoners in the Context of Transitional Justice", Danya Marshman, p 64; "Seeking Justice for Previous Human Rights abuses and Democratic Transition in Burma", Zulma Niranda, p 85; "Collapse of Transitional Strategy", B. K. Sen, p 93; "International Criminal Court", B. K. Sen, p 95.
      Author/creator: Josef Silverstein, BLC, B.K. Sen, Thein Oo, Janelle Saffin, Danya Marshman, Zulma Niranda.
      Language: English
      Source/publisher: Burma Lawyers' Council (BLC)
      Format/size: pdf (773K) 97 pages
      Alternate URLs: http://www.blc-burma.org/pdf/liob/liob12.pdf
      Date of entry/update: 03 June 2003


      Title: "Legal Issues on Burma Journal" No. 11
      Date of publication: April 2002
      Description/subject: Special Issue on federalism: "Federalism as a solution to the ethnic problem in Burma", Josef Silverstein; "In Search of a Constitution for Burma", Aung Htoo; "Federalism with a new twist: Burma's only option", B.K. Sen; "Federalism and self-determination: some reflections" Venkat Iyer; Interview with Sao Seng Suk: "Burma's ethnic problem is constitutional", Harn Yawnghwe and B.K. Sen; "Federalism: Putting Burma Back Together Again" Chao-Tzang Yawnghwe; "Federalism, Burma and How the International Community can Help", Janelle Saffin; "Coups, Dialogue and Transition", B.K. Sen.
      Author/creator: Josef Silverstein, Aung Htoo, B.K. Sen, Venkat Iyer, Sao Seng Suk, Harn Yawnghwe, Chao-Tzang Yawnghwe, Janelle Saffin.
      Language: English
      Source/publisher: Burma Lawyers' Council (BLC)
      Format/size: pdf (630K)
      Date of entry/update: 03 June 2003


      Title: "Legal Issues on Burma Journal" No. 10
      Date of publication: December 2001
      Description/subject: Ethnic Issues: "Burma and National Reconciliation - Ethnic Conflict and State-Society Dysfunction", Chao-Tzang Yawnghwe, p1; "Secession and Self-Determination in the Context of Burma’s Transition", B.K. Sen, p11. Money Laundering: "Law and Money-laundering in Burma", Peter Gutter, p23. Migrant Issues: "Burmese Migrant Workers in Thailand: Policy and Protection", Darunee Paisanpanichkul, p39; "Burmese children in Thailand: Legal aspects", Nyo Nyo, p51. Transitional Burma: "Burma’s Democratic Transition: About Justice, Legitimacy, and Past Political Violence", Daniel Rothenberg, p57. In Brief: "Transition, Talks and Terrorism", B.K. Sen, p66.
      Author/creator: Chao-Tzang Yawnghwe, B.K. Sen, Peter Gutter, Darunee Paisanpanichkul, Nyo Nyo, Daniel Rothenberg.
      Language: English
      Source/publisher: Burma Lawyers' Council (BLC)
      Format/size: pdf (559K)
      Alternate URLs: http://www.blc-burma.org/pdf/liob/liob10.pdf
      Date of entry/update: 03 June 2003


      Title: "Legal Issues on Burma Journal" No. 9
      Date of publication: August 2001
      Description/subject: Environment and Law: "Environment and Law in Burma", Peter Gutter, p1. Women and Law: "Women and Law in Burma", B.K. Sen, p28. Investment Law: "The Burmese Junta’s Abuse of Investment Laws", B.K. Sen and Peter Gutter, p44. Thai-Burma Relations: "The Burmese Junta’s Impediment to Thai-Burma Relations", B.K. Sen, p56. Federalism in Burma: "Federalism and Burma", Khin Maung Win, p60. In Brief: "About Constitutions, Economics, and Talks", B.K. Sen, p66.
      Author/creator: Peter Gutter, B.K. Sen, Khin Maung Win.
      Language: English
      Source/publisher: Burma Lawyers' Council (BLC)
      Format/size: pdf (570K)
      Alternate URLs: http://www.blc-burma.org/pdf/liob/liob9.pdf
      Date of entry/update: 03 June 2003


      Title: "Legal Issues on Burma Journal" No. 8
      Date of publication: April 2001
      Description/subject: Law and Religion: "Law and Religion in Burma", Peter Gutter, p1. Transitional Burma: "Toward Transition with Rule of Law", B.K. Sen, p18; "Ensuring Free and Fair Elections in a Democratic Burma: Establishing an Electoral System and Election Processes", Jeremy Sarkin, p25; "Human Rights and Legal Issues for a Democratic Transition of Burma", Aung Htoo, p37. Due Process of Law: "New Lawsuit Against Daw Aung San Suu Kyi: Hidden Agenda?", B.K. Sen and Khin Maung Win, p52. Law Reporting: "Law Reporting in Burma: Lack of Transparency", Win Maung, p55. Ethnic Issues: "Designing Constitution as Policy Formulation to Stop Human Rights Violations", Khin Maung Win, p63. In Brief: "Burma's Transition to Rule of Law in Different Contexts".
      Author/creator: Peter Gutter, B.K. Sen, Jeremy Sarkin, Aung Htoo, Khin Maung Win, Win Maung.
      Language: English
      Source/publisher: Burma Lawyers' Council
      Format/size: pdf (595K)
      Alternate URLs: http://www.blc-burma.org/pdf/liob/liob8.pdf
      Date of entry/update: 03 June 2003


      Title: "Legal Issues on Burma Journal" No. 7
      Date of publication: December 2000
      Description/subject: Justice in Transition: "Dealing with Past Human Rights Abuses: Promoting National Reconciliation in Future Democratic Burma", Jeremy Sarkin, p1. Humanitarian Intervention?: "A Case for Humanitarian Intervention", B. K Sen, p15. Forced Labour: "The International Labour Organization Makes History", Jane Carter, p24; "Law Making and Enforcement in Burma: Junta's Failure in Regard to Forced Labour", Janelle Saffin, p38. Constructive Engagement: "Constructive Engagement: A Critical Evaluation", Minn Naing Oo, p43. Due Process of Law: "Shadow over Daw Aung San Suu Kyi's Inheritance Case", B.K Sen and Khin Maung Win, p59. In Brief: "Constructive Engagement with Burma Sees Red Light", p64; "Burma's Election and Constitutional History: A Snapshot", p67.
      Author/creator: B.K Sen, Khin Maung Win, Minn Naing Oo, Janelle Saffin, Jane Carter, Jeremy Sarkin.
      Language: English
      Source/publisher: Burma Lawyers' Council (BLC)
      Format/size: pdf (599K)
      Alternate URLs: http://www.blc-burma.org/pdf/liob/liob7.pdf
      Date of entry/update: 03 June 2003


      Title: "Legal Issues on Burma Journal" No. 6
      Date of publication: September 2000
      Description/subject: Burma and Thai relations: "Some thoughts on Burma—Thai relations", Josef Silverstein, p1. Proposed Human Rights Commission in Burma: "Burma human rights body is not all that is needed", Khin Maung Win, p16; "Australia takes the wrong road to Rangoon", Ye Htut, p19. International Labour Organisation: "Forced labour, the ILO and Burma", Louise Southalan, p22. In Brief: "NLD proposed litigation - commentary",B K Sen, p55.
      Author/creator: Josef Silverstein, Khin Maung Win, Ye Htut, Louise Southalan, B K Sen.
      Language: English
      Source/publisher: Burma Lawyers' Council (BLC)
      Format/size: pdf (550K)
      Alternate URLs: http://www.blc-burma.org/pdf/liob/liob6.pdf
      Date of entry/update: 03 June 2003


      Title: "Legal Issues on Burma Journal" No. 5
      Date of publication: April 2000
      Description/subject: Ethnic minorities issues: "Issues of self-determination in Burma", Louise Southalan, p1; "Ethnic issues in Burma: "The fourth Burman empire", Aung Htoo, p18. Rights to land: "An overview of the recognition of Native Title in Australia", D L Ritter, p18. Human Rights Commission: "Military regime to estalish base on Mars... or a Human Rights Commission", John Southalan, p48.
      Author/creator: Louise Southalan, Aung Htoo, D L Ritter, John Southalan.
      Language: English
      Source/publisher: Burma Lawyers' Council (BLC)
      Format/size: pdf (729K)
      Alternate URLs: http://www.blc-burma.org/pdf/liob/liob5.pdf
      Date of entry/update: 03 June 2003


      Title: "Legal Issues on Burma Journal" No. 4
      Date of publication: October 1999
      Description/subject: "Federalism and the Protection of Minority Rights: Some lessons for a new democratic Burma" - Dr. Venkat Iyer... "Federalism: The best option for national reconciliation and peace in Burma" - Dr. Thaung Htun, "Religious Freedom in Burma: A divisive and suppressive practice of the military regime" - Khin Maung Win... "Burma and the 1999 Commission on Human Rights" - John Southalan... "Transitional Burma Where to from here?" - An interview with Professor Josef Silverstein... "Burma's Future Constitution: Comparing and contrasting democracy and human rights provisions in two draft Burmese constitutions from an international perspective" - Jeremy Sarkin
      Author/creator: Dr. Venkat Iyer, Dr. Thaung Htun,. Khin Maung Win, John Southalan, Professor Josef Silverstein, Jeremy Sarkin
      Language: English
      Source/publisher: Burma Lawyers' Council (BLC)
      Format/size: pdf (683K)
      Alternate URLs: http://www.blc-burma.org/pdf/liob/liob4.pdf
      Date of entry/update: 03 June 2003


      Title: "Legal Issues on Burma Journal" No. 3
      Date of publication: May 1999
      Description/subject: Drating a Constitution in Burma: "A struggle for participatory process, p2; "Lessons from the past" p8; "The Pyidaungzu, federalism and Burman elites" p16; "Burma, South-East Asia and the road to a democratic constitution", p20. "Convening the People's Assembly: A legal analysis", p25. "The NLD’s position regarding the convening of the People's Parliament", p29. Statements of the Committee Representing the People's Parliament: Statement No. 2, p32; Statement No. 3, p33; Statement No. 4, p36; Statement No. 5, p37; Statement No. 7, p39. Judicial System in Burma: "The Trial of 18 Foreigners", p42; "Urgent need for judicial reform in Burma", p45.
      Author/creator: LACKS COVER AND TOC
      Language: English
      Source/publisher: Burma Lawyers' Council (BLC)
      Format/size: pdf (413K)
      Date of entry/update: 03 June 2003


      Title: "Legal Issues on Burma Journal" No. 2
      Date of publication: June 1998
      Description/subject: Special Issue: Rule of Law in Burma... Rule of Law in Burma under SLORC/SPDC; Myo Myint Nyein and the 21 prisoners’ case; The rule of law and the advocte’s role; The protection of law for the rule of law; Rule of law or rule of the military regime? The rule of law and unjust laws and orders; The rule of law and retrospective laws; Just laws required for the rule of law; The independence of the judiciary; Martial law in Burma.
      Language: Englsh
      Source/publisher: Burma Lawyers' Council (BLC)
      Format/size: pdf (504K)
      Alternate URLs: http://www.blc-burma.org/pdf/liob/liob2.pdf
      Date of entry/update: 05 August 2004


      Title: "Legal Issues on Burma Journal" No. 1
      Date of publication: October 1997
      Description/subject: Modernization, Democracy and Constitutional Reform in Burma; Comparative Constitution Drafting Processes in the Philippines, Thailand and Burma; Legal Protection for Refugees from Burma; Constitutional Protection of Environment in Burma.
      Language: English
      Source/publisher: Burma Lawyers' Council (BLC)
      Format/size: pdf (431K)
      Alternate URLs: http://www.blc-burma.org/pdf/liob/liob1.pdf
      Date of entry/update: 05 August 2004


    • "LawKa Pala" (Burmese) -- formerly "Journal of Constitutional Affairs"
      Despite the name, this is a distinct journal, and not simply the Burmese version of the English-language "LawKa PaLa - Legal Journal on Burma". The BLC site is currently (permanently?) offline, but alternate links to the BLC site are provided in case it returns.

      Individual Documents

      Title: "LawKa pala" (Burmese) -- formerly "Journal of Constitutional Affairs" No. 40 (August 2011)
      Date of publication: August 2011
      Language: Burmese
      Source/publisher: Burma Lawyers Council
      Format/size: pdf (515K)
      Date of entry/update: 08 December 2011


      Title: LawKa pala" (Burmese) -- formerly "Journal of Constitutional Affairs" No. 39, April 2011
      Date of publication: April 2011
      Language: Burmese
      Source/publisher: Burma Lawyers Council (BLC)
      Format/size: pdf (731K)
      Date of entry/update: 09 December 2011


      Title: "LawKa pala" (Burmese) -- formerly "Journal of Constitutional Affairs" No. 38 (December 2010)/"လောကပါလ ဥပဒေရေးရာစာစောင် အမှတ်စဉ် ၃၈
      Date of publication: December 2010
      Description/subject: USE Myanmar3 Font TO SEE THE DESCRIPTION TEXT. မာတိကာ (၁) ရွေးကောက်ပွဲဆိုင်ရာ - မြန်မာနိုင်ငံရှေ့နေများကောင်စီ အထွေထွေအတွင်းရေးမှူး ဦးအောင်ထူးနှင့် ရွေးကောက်ပွဲဆိုင်ရာ ဥပဒေရေးရာများ ဆွေးနွေးခြင်း ... ရွေးကောက်ပွဲ မဲပေး သည့်နေ့နှင့် စပ်လျဉ်း၍ မြန်မာနိုင်ငံရှေ့နေများကောင်စီ အထွေထွေအတွင်းရေးမှူး ဦးအောင်ထူး နှင့် ဆွေးနွေးမေးမြန်းခြင်း ...၂ဝ၁ဝ ခုနှစ် ရွေးကောက်ပွဲကျင်းပပြီးလျှင် စစ်အစိုးရနှင့် စစ်အာဏာရှင် စနစ် ချုပ်ငြိမ်းသွားမှာလား ... ရွေးကောက်ပွဲနှင့် စပ်လျဉ်းပြီး အသံစုံ ရှုထောင့်ထောင့်စုံ ထွက်လာအောင် ဖန်တီးပေးတဲ့ အစည်းအဝေးများ ပြည်တွင်းဉ် လွတ်လပ်စွာကျင်းပ ခွင့်ပေးရန် ဘာကြောင့် လိုအပ်သလဲ ... နအဖ စစ်အစိုးရ၏ရွေးကောက်ပွဲ ကော်မရှင် ​ကြေညာချက်အမှတ်(၉၇/၂ဝ၁ဝ) သည်ပါတီစုံစနစ်ကို ဖျက်သိမ်းခြင်းဖြစ်​ကြောင်း ဥပဒေရေးရာ ဝေဖန်သုံးသပ်ချက် ... ရွေးကောက်ပွဲအပေါ် ဦပိင်ဘက်ပါတီများ၏အမြင်..... တရားဥပဒေစိုးမိုးရေး... နိုင်ငံတကာ စုံစမ်းစစ်ဆေးရေးကော်မရှင် ပေါ်ပေါက်ရေးဟာ မြန်မာနိုင်ငံ ဒီမိုကရေစီရေးအပြောင်းအလဲအတွက် အထောက်အပံ့ရစေဖို့ဘာကြောင့် အရေးကြီးသလဲ ... စုံစမ်းစစ်ဆေးရေးကော်မရှင် ပေါ်ပေါက်လာစေရေးတောင်းဆိုမှုနှင့် စပ်လျဉ်းသည့် နောက်ခံအခြေအနေများ... နိုင်ငံရေးပါတီများ မတရားပြုခံရခြင်းနှင့် လွတ်လပ်တဲ့ တရားစီရင်ရေး ... ၂ဝ၁ဝ ရွေ:ကောက်ပွဲအပြီး ပေါ်ပေါက်လာမည့် လွှတ်တော်များမှ လူထူ အတွက် အကျိုးရှိစေမည့်ဥပဒများရေးဆွဲနိုင်ပါ မည်လား... ၂ဝ၁ဝ ရွေးကောက်ပွဲနဲဦဆက်စပ်ပြီး နိုင်ငံရေးပါတီစနစ် တွေ့ဆုံဆွေးနွေးရေးနှင့် အမျိုးသားပြန်လည်သင့့်မြတ်ရေးတို့ကို ဘယ်လိုချဉ်းကပ်သင့်သလဲ ... ပြည်ထောင်စု ကြံ့ခိုင်ရေးနှင့့်ဖွံ့ဖြိုးရေးအသင်းကို ဖျက်သိမ်းခြင်းအပေါ် ဥပဒေစိုးမိုးရေး အခြေခံမှသုံးသပ်တင်ပြခြင်း .... ပြည်သူပိုင်စက်ရုံအလုပ်ရုံများကို အာဏာအလွဲသုံးစား ပြုလုပ်နေသည့် ကြံ့ဖွံ့ပါတီအားအရေးယူပြီးဖျက်သိမ်းသင့်ကြောင်း ဥပ​ဒေရေးရာသုံးသပ် ထုတ်ပြန်ချက် ... လွတ်လပ်မှုကို အရယူကြပါ ... ပင်လုံပြီး ပင်လုံ (သို့မဟုတ်) ပြည်ထောင်စုသဘောတရားမှ လက်တွေ့သို့
      Language: Burmese/ မြန်မာဘာသာ
      Source/publisher: Burma Lawyers' Council (BLC)
      Format/size: pdf (731K)
      Date of entry/update: 14 January 2011


      Title: "LawKa pala" (Burmese) -- formerly "Journal of Constitutional Affairs" No. 37 (August 2010)/"လောကပါလ ဥပဒေရေးရာစာစောင် အမှတ်စဉ် ၃၇
      Date of publication: August 2010
      Description/subject: USE Myanmar3 Font TO SEE THE DESCRIPTION TEXT. မာတိကာ- လောကပါလအာဘော် ၁။ လူဏအခွင့်အရေးချိုးဖောက်မဆိုင်ရာ သတင်းအချက်အလက် - ညဦင်းပန်းနှိပ်စက်၍ မတရားဖြောင့်ချက်ရယူခြင်းကို တရားရုံးများက ခွင့်ပြုထား -ကလေးစစ်သားများကို ရည်ရွယ်ချက်ရှိရှိ စုဆောင်းနေခြင်း..... ၂။ သုံးသပ်လေ့လာအဖြာဖြာ - ရွေးကောက်ပွဲဆိုင်ရာ ဥပဒေများကို လေ့လာသုံးသပ်ခြင်း - နိုင်ငတံ ကာ စုစံ မ်းစစ်ဆေးရေး ကော်မရှင်ပေါ်ပေါက်ရေးသည် မြန်မာနိုင်ငံ ဒီမိုကရေစီ အပြောင်းအလဲအတွက် ဘာ​ကြောင့် အရေးကြီးသလဲ - နိုင်ငံတကာ စုံစမ်း စစ်ဆေးရေးကော်မရှင် ပေါ်ပေါက်လာရေးတောင်းဆိုမှုနှင့် နောက်ခံအခြေအနေများ - အထူးကျွမ်းကျင်တဲ့ စပယ်ရှယ်လစ်ရှေ့နေ​..... ၃။ အင်တာဗျူးကဏ္ဍ -ကြံ့ခိုင်ဖွံ့ဖြိုးရေးပါတီက နိုင်ငံတော်ဘဏ္ဏငွေကို အသုံးပြုပြီး မဲဆွယ်စည်း ရုံးနေမှုနှင့် ဒုပညာရေးဝန်ကြီးမှ စစ်တပ်နှင့်နီးစပ်တဲ့ပါတီများကို မဲပေးရန် ပြောကြားခဲ့ခြင်းအပေါ် ဘီဘီစီမှတွေ့ ဆုံမေးမြန်းခြင်း ... မြန်မာစစ်အစိုးရ၏ ၂ဝ၁ဝ ရွေးကောက်ပွဲအပေါ် မြန်မာနိုင်ငံရှေဦနေ များကောင်စီ၏အမြင်သဘောထားများ ... နိုင်ငံတကာ ပြစ်မှုဆိုင်ရာ တရားရုံးနှင့် မြန်မာစစ်အစိုးရ ခေါင်းဆောင်များအပေါ် မြန်မာနိုင်ငံရှေဦနေများကောင်စီ၏ အမြင် သဘောထား ..... ၄။ မြန်မာနိုင်ငံရှေဦနေများကောင်စီ၏ထုတ်ပြန်ချက်များနှင့် လှုပ်ရှားမှုများ... ပြည်ထောင်စုရွေးကောက်ပွဲကော်မရှင်ကိုဖျက်သိမ်းရမည်ဖြစ်ကြောင်း ဥပဒေ ရေးရာသုံးသပ်ချက်... ကိုမင်းအောင်နှင့် ကိုကျော်မျိုးနိုင်တို့ကို အီလကထ် ရောနစ် ဆက်သွယ်ဆောင်ရွက်ရေးဥပဒေဖြင့် ထပ်မံပြစ်ဒဏ်ချမှတ်လိုက်ခြင်းအပေါ် ဥပဒေရေးရာ သုံးသပ်ချက် ... ပြည်ထောင်စုရွေးကောက်ပွဲကော်မရှင်၏လုပ်ရပ်များကို နိုင်ငံတော် တရားရုံးချုပ်မှ တားမြစ်ပေးသင့်ကြောင်း ဥပဒေရေးရာ သုံးသပ်ချက် ... ညှဉ်းပန်းနှိပ်စက်၍ ဖြောင့်ချက်ရယူထားခြင်းကို အခြေခံလျက် ကိုသန်းမြင့်အောင်အား ပြစ်ဒဏ်စီရင်လိုက်ခြင်းအပေါ် ဥပဒေရေးရာ သုံးသပ်ထုတ်ပြန်ချက် ... တရားဥပဒေစိုးမိုးရေးဆိုင်ရာသင်တန်းကို ကရင်အမျိုးသမီး(ဗဟို)အစည်းအရုံးတွင် ပြုလုပ်ခြင်း ... ကုလသမဂ္ဂ မြန်မာနိုင်ငံ ဆိုင်ရာလူ့အခွင့်အရေး အထူးကိုယ်စားလှယ် မစ္စတာကင်တားနားနှင့် မြန်မာနိုင်ငံ ရှေ့နေများကောင်စီတွေ့ဆုံခြင်း ... မြန်မာနိုင်ငံရှေဏနေများကောင်စီ ဥပဒေ အထောက်အကူပြုဌာန၏ မြန်မာ ရွေ့ပြောင်းအလုပ်သမားများဆိုင်ရာ လှုပ်ရှားမှုများ... မြန်မာနိုင်ငံရှေဏနေများကောင်စီ၏ ပြည်ထောင်စုဥပဒေအကယ်ဒမီ ဥပဒေသင်တန်း ကျောင်း..... ၅။ ဥပဒေဆိုင်ရာ အမေးအဖြေကဏ္ဍ-ရွေးကောက်ပွဲဆိုင်ရာ ပြစ်မှုနှင့် ပြစ်ဒဏ်
      Language: Burmese/ မြန်မာဘာသာ
      Source/publisher: Burma Lawyers' Council (BLC)
      Format/size: pdf (3.11 MB)
      Date of entry/update: 14 January 2011


      Title: "LawKa pala" (Burmese) -- formerly "Journal of Constitutional Affairs" No. 36 (April 2010)/"လောကပါလ ဥပဒေရေးရာစာစောင်"အမှတ်စဉ် ၃၆
      Date of publication: April 2010
      Description/subject: USE Myanmar3 Font TO SEE THE DESCRIPTION TEXT. မာတိကာ_ (၂ဝ၁ဝ) ရွေးကောက်ပွဲ -နအဖ စစ်အစိုးရ ကျင်းပပေးမည်ဆိုသည့် ၂ဝ၁ဝ ရွေးကောက်ပွဲ သည် မကျင်းပမှီကပင် လွတ်လပ်မတရားမျှတမှုမရှိကြောင်း သုံးသပ်ထုတ်ပြန်ချက်​ ... နအဖထုတ်ပြန်လိုက်တဲ့ နိုင်ငံရေးပါတီများ မှတ်ပုံတင်ခြင်းဥပဒေနှင့် ပတ်သက်ပြီး မြန်မာနိုင်ငံရှေ့နေများကောင်စီ အထွေထွေအတွင်းရေးမှူး ဦးအောင်ထူး နှင့် ဘီဘီစီ တွေဏဆုံမေးမြန်းခန်း ... ၂ဝ၁ဝ ရွေးကောက်ပွဲဆိုင်ရာဥပဒေများ နှင့် နိုင်ငံရေးပါတီများ၏ အခန်းကဏ္ဍ ... ပြည်ထောင်စု ရွေးကောက်ပွဲကော်မရှင်ကို ဖျက်သိမ်းရမည်ဖြစ်ကြောင်း ဥပဒေ ရေးရာသုံးသပ်ထုတ်ပြန်ချက် ..... ဖွဲ့စည်းပုံအခြေခံဥပ​ဒေနှင့်လူထု၏အခန်းကဏ္ဍ- ဖွဲ့စည်းပုံအခြေခံဥပဒေနှင့် လူထု၏ခန်းကဏ္ဍအပိုင်း(၆၃) ... ဖွဲ့စည်းပုံအခြေခံဥပဒေနှင့် လူထု၏အခန်းကဏ္ဍ အပိုင်း(၆၄) ... ဖွဲ့စည်းပုံအခြေခံဥပဒေနှင့် လူထု၏အခန်းကဏ္ဍအပိုင်း(၆၅) ... ဖွဲ့စည်းပုံအခြေခံဥပဒေနှင့် လူထု၏အခန်းကဏ္ဍအပိုင်း(၆၆) ..... ဥပဒေစိုးမိုးရေး -အကြမ်းဖက်ဖောက်ခွဲမှုများနှင့် ပတ်သက်၍ အခြေအမြစ်မရှိသည့် စွပ်စွဲ ချက်များအပေါ် မြန်မာနိုင်ငံရှေ့နေများကောင်စီ၏ ထုတ်ပြန်-​ကြေညာချက်​... နအဖ စစ်အစိုးရ၏အုပ်ချုပ်မှုအောက် တနေ့တခြားတိုးပွားလာသည့် တပ်ပြေး ပြဿနာများအပေါ် ဥပဒေရေးရာသုံးသပ်ထုတ်ပြန်ချက် ... ညှဉ်းပန်းနှိပ်စက်မှုများ ကျူးလွန်၍ ဖြောင့်ချက်ရယူခြင်းသည် ပြစ်မှုကျူး လွန်ခြင်းဖြစ်ကြောင်း ဥပဒေရေးရာသုံးသပ်ထုတ်ပြန်ချက် ..... နိုင်ငံတကာပြစ်မဆိုင်ရာတရားရုံးနှင့် မြန်မာ့ရေးရာ- ကုလသမဂ္ဂလူ့အခွင့်အရေးကောင်စီ ညီလာခံကို တင်သွင်းတဲ့အစီရင်ခံစာနှင့် ပတ်သက်ပြီး မြန်မာနိုင်ငံရှေ့နေများကောင်စီ အထွေထွေ အတွင်းရေးမှူး ဦးအောင်ထူးနှင့် အာအက်ဖ်အေမှ ကိုကျော်ကျော်အောင် ဆက်သွယ်မေးမြန်း ခန်း ... နိုင်ငံတကာ ပြစ်မှုဆိုင်ရာတရာရုံး အ​ကြောင်း သိကောင်းစရာ ... ကုလသမဂ္ဂေလုံခြုံရေးကောင်စီမှ စုံစမ်းစစ်ဆေးရေး ကော်မရှင်ဖွဲ့စည်းရေး ဆိုင်ရာ ထုတ်ပြန်ချက် .....
      Language: Burmese/ မြန်မာဘာသာ
      Source/publisher: Burma Lawyers' Council (BLC)
      Format/size: pdf (397.66 K)
      Date of entry/update: 14 January 2011


      Title: "LawKa pala" (Burmese) -- formerly "Journal of Constitutional Affairs" No. 35 (December 2009)
      Date of publication: December 2009
      Language: Burmese
      Source/publisher: Burma Lawyers' Council (BLC)
      Format/size: pdf (626K)
      Date of entry/update: 29 April 2010


      Title: "LawKa pala" (Burmese) -- formerly "Journal of Constitutional Affairs" No. 34 (August 2009)
      Date of publication: August 2009
      Language: Burmese
      Source/publisher: Burma Lawyers' Council (BLC)
      Format/size: pdf (571K)
      Date of entry/update: 28 April 2010


      Title: "LawKa pala" (Burmese) -- formerly "Journal of Constitutional Affairs" No. 33 (April 2009)
      Date of publication: April 2009
      Language: Burmese
      Source/publisher: Burma Lawyers Council (BLC)
      Format/size: pdf (2.2MB)
      Date of entry/update: 18 December 2009


      Title: "LawKa pala" (Burmese) -- formerly "Journal of Constitutional Affairs" No. 32 (December 2008)
      Date of publication: December 2008
      Language: Burmese
      Source/publisher: Burma Lawyers Council (BLC)
      Format/size: pdf (3.9MB)
      Date of entry/update: 18 December 2009


      Title: "LawKa pala" (Burmese) -- formerly "Journal of Constitutional Affairs" -- No. 31, August 2008
      Date of publication: August 2008
      Language: Burmese
      Source/publisher: Burma Lawyers' Council (BLC)
      Format/size: pdf (2.83MB)
      Alternate URLs: http://www.blc-burma.org/PDF/JOCA/LawKaPala%2031%20Bur.pdf
      Date of entry/update: 07 November 2009


      Title: "LawKa pala" (Burmese) -- formerly "Journal of Constitutional Affairs" -- No. 30, April 2008
      Date of publication: April 2008
      Language: Burmese
      Source/publisher: Burma Lawyers' Council (BLC)
      Format/size: pdf (916K)
      Alternate URLs: http://www.blc-burma.org/PDF/JOCA/LawKaPala%2030%20Bur.pdf
      Date of entry/update: 07 November 2009


      Title: "LawKa pala" (Burmese) -- formerly "Journal of Constitutional Affairs" -- No. 29, December 2007
      Date of publication: December 2007
      Language: Burmese
      Source/publisher: Burma Lawyers' Council (BLC)
      Format/size: pdf (1.1MB)
      Alternate URLs: http://www.blc-burma.org/PDF/JOCA/LawkaPala%2029%20Bur.pdf
      Date of entry/update: 07 November 2009


      Title: "LawKa pala" (Burmese) -- formerly "Journal of Constitutional Affairs" -- No. 28, August 2007
      Date of publication: August 2007
      Language: Burmese
      Source/publisher: Burma Lawyers' Council (BLC)
      Format/size: pdf (569K)
      Alternate URLs: http://www.blc-burma.org/PDF/JOCA/LawkaPala%2028%20Bur.pdf
      Date of entry/update: 03 November 2007


      Title: "LawKa pala" (Burmese) -- formerly "Journal of Constitutional Affairs" -- No 27, April 2007
      Date of publication: April 2007
      Language: Burmese
      Source/publisher: Burma Lawyers' Council (BLC)
      Format/size: pdf (473K)
      Alternate URLs: http://www.blc-burma.org/PDF/JOCA/LawkaPala%2027%20Bur.pdf
      Date of entry/update: 03 November 2007


      Title: "Journal of Constitutional Affairs" No. 26, December 2006
      Date of publication: December 2006
      Language: Burmese
      Source/publisher: Burma Lawyers's Council (BLC)
      Format/size: pdf (492K)
      Date of entry/update: 03 November 2007


      Title: "Journal of Constitutional Affairs" No. 25, August 2006
      Date of publication: August 2006
      Language: Burmese
      Source/publisher: Burma Lawyers' Council (BLC)
      Format/size: pdf (313K)
      Alternate URLs: http://www.blc-burma.org/PDF/JOCA/JOCA%2025.pdf
      Date of entry/update: 01 November 2007


      Title: "Journal of Constitutional Affairs" No. 24, April 2006
      Date of publication: April 2006
      Language: Burmese
      Source/publisher: Burma Lawyers' Council (BLC)
      Format/size: pdf (387K)
      Alternate URLs: http://www.blc-burma.org/PDF/JOCA/joca24.pdf
      Date of entry/update: 01 November 2007


      Title: "Journal of Constitutional Affairs" No. 23
      Date of publication: December 2005
      Language: Burmese
      Source/publisher: Burma Lawyers' Council (BLC)
      Format/size: pdf (359K)
      Alternate URLs: http://www.blc-burma.org/PDF/JOCA/JOCA%2023.pdf
      Date of entry/update: 16 March 2006


      Title: "Journal of Constitutional Affairs" No. 22
      Date of publication: August 2005
      Language: Burmese
      Source/publisher: Burma Lawyers' Council (BLC)
      Format/size: pdf (1MB)
      Alternate URLs: http://web.archive.org/web/20110902222123/http://www.blc-burma.org/PDF/JOCA/JOCA22.pdf
      Date of entry/update: 02 November 2005


      Title: "Journal of Constitutional Affairs" No. 21
      Date of publication: April 2005
      Language: Burmese
      Source/publisher: Burma Lawyers' Council (BLC)
      Format/size: pdf (324K)
      Alternate URLs: http://www.blc-burma.org/PDF/JOCA/JOCA21.pdf
      Date of entry/update: 02 November 2005


      Title: "Journal of Constitutional Affairs" No. 20
      Date of publication: December 2004
      Description/subject: * Democracy in Afghanistan (Win Maung); * Women's Role in Constitution (Daw Molly); * Discussion on Civil Society and Constitution (Aung Htoo); * National Convention - Burma's Road Map (BLC); * Federalism and Self-Determination (Dr. Venkat Iyer); * Ukraine's Election (Win Maung Maung); * Trial and Justice (B.K. Sen); * Brief News and Commentaries Relating to Constitutional, Trial, Election and judicial Matters (BLC's Documentation Centre).
      Language: Burmese/ ျမန္မာဘာသာ
      Source/publisher: Burma Lawyers' Council (BLC)
      Format/size: pdf (303K)
      Alternate URLs: http://www.blc-burma.org/PDF/JOCA/Joca20.pdf
      Date of entry/update: 02 November 2005


      Title: "Journal of Constitutional Affairs" No. 19
      Date of publication: August 2004
      Description/subject: Secession and Self Determination (B.K. Sen); Drafting Constitution and Public's Contribution (Win Maung); Burma and National Reconceliation: Ethnic Conflict and State-Society Dysfunction (Chao_Tzang Yawnghwe); Writ of Habeas Corpus (Min Lwin Oo); Brief News and Commentaries Relating to Constitutional, Trial, Election and judicial Matters (BLC's Documentation Centre); Discussion on Civil Society and Constitution (Aung Htoo);
      Language: Burmese
      Source/publisher: Burma Lawyers' Council (BLC)
      Format/size: pdf (370K)
      Alternate URLs: http://www.blc-burma.org/PDF/JOCA/Joca19.pdf
      Date of entry/update: 17 November 2004


      Title: "Journal of Constitutional Affairs" No. 18
      Date of publication: April 2004
      Description/subject: A Brief Analysis on the National Convention (The Burma Lawyers' Council)
      Language: Burmese
      Source/publisher: Burma Lawyers' Council (BLC)
      Format/size: pdf (338K)
      Alternate URLs: http://www.blc-burma.org/pdf/joca/JOCA18.PDF
      Date of entry/update: 05 August 2004


      Title: "Journal of Constitutional Affairs" No. 17
      Date of publication: December 2003
      Description/subject: Ethnic Problems and Constitutional Solution (Dr. Alan Smith); Law and Mass Communication (Hla Htay); Brief News (BLC's Documentation Centre); Which Destination SPDC's National Convention Leads to; ( Win Maung); Saddam Hussen and the difficulty of trial (Salai Paceu - Mezar); Interview:Interview with Daw San San (Member of Parliament); Lack of Protection of Violence Against Burmese Women (Daw Molly); Episode behind the Depayin Massacre and Justice (Min Lwin Oo).
      Language: Burmese
      Source/publisher: Burma Lawyers's Council (BLC)
      Format/size: pdf (456K)
      Alternate URLs: http://www.blc-burma.org/pdf/joca/joca17online.pdf
      Date of entry/update: 05 August 2004


      Title: "Journal of Constitutional Affairs" No. 16
      Date of publication: August 2003
      Description/subject: Independent Judiciary (Min Lwin Oo); Ways of Access to Justice (Hla Htay); Brief News and Commentaries Relating to Constitutional, Trial, Election and judicial Matters (BLC’s Documentation Centre); Cambodia, A step to Democracy (Win Maung); Interview: Perspective on Federalism and the Future Constitution of Burma: Interview with Colonel Zin Kyone: A conversation with the Colonel Zin Kyone, the General Secretary of the National Democratic Front (NDF).; A Warning for Children (Min Myat Kyaw)
      Language: Burmese
      Source/publisher: Burma Lawyers's Council (BLC)
      Format/size: pdf (320K)
      Alternate URLs: http://www.blc-burma.org/pdf/joca/joca16.pdf
      Date of entry/update: 05 August 2004


      Title: "Journal of Constitutional Affairs" No. 15
      Date of publication: April 2003
      Description/subject: Burmese Customary Law and Ethnic Buddhism (Hla Htay); Freedom and Protection of Constitution ( Win Maung); The Constitution and the role of Independent Peoples' Organizations (Ye Min Htat); Brief News and Commentaries Relating to Constitutional Matters (BLC’s Documentation Centre); Global Criminal Court's turning a new page historically, ( Alfred); Women Rights (Daw Molly); Rule of Law and the role of People; Interview: The President of Karenni State Khu Bya Reh gave this interview stated his opinion on the Federation, Future Constitution, and State Structure.
      Author/creator: Hla Htay, Win Maung, Ye Min Htat, Alfred, Daw Molly, Khu Bya Reh
      Language: Burmese
      Source/publisher: Burma Lawyers' Council (BLC)
      Format/size: pdf (285K)
      Alternate URLs: http://www.blc-burma.org/pdf/joca/joca15.pdf
      Date of entry/update: 17 November 2004


      Title: "Journal of Constitutional Affairs" No. 14
      Date of publication: December 2002
      Description/subject: Electoral system - part three (by Khin Maung Win): It is the third final series of the article. In this part the author explains important of the electoral process management, which include the formation of the election commission and the important of its duty and responsibilities, election law, and budget for holding elections... Federal Union and Upper House (by Win Maung): The author of this article explains comparatively powers of the Upper Houses of the federal countries. And differences of designation of representing from the states concern to the Upper House. In the article he suggests that the Senators of the future Union of Burma should be elected those who does not involve in the political party, and Senators should be elected on citizenship basis from the states concern rather than ethnic nationality... Brief News and Commentaries Relating to Constitutional Matters (by BLC’s Documentation Centre): This is a brief report about the issues relating to constitutional matters in several countries, and how both people and politicians deal with such issues... On Human Rights: John Doe and Others vs. Unocal Corporation and Others (by John Southalan): This a judgment of U.S. Court confirming human rights abuses of the ruling junta, Burma SPDC associated with constraints of a pipeline in Southern Burma. The villagers were subjected to forced labor by the company and the military provided building infrastructure... On Rule of Law: Democracy and Rule of Law: Democracy and the rule of law: the author expresses that democracy and the rule of law go hand in hand. It is sure that without democracy there would be no rule of law. He also mentions that the independent of the judiciary is an element to have the rule of law in a country. He suggests to the military junta that it is inappropriate that saying repeatedly to obey the law and order, the rule of law, under martial law. The rule of law could be developed only under the Democratic rule... Federal Affairs: Interview: This was by leading Karen leader, Pado Man Shar, and it brought out the commitment of Karen national ethnicities to the Federal Union of Burma... Transition: Prospect for the Democratic Transition in Burma ( by Prof. Joseph Silverstein): The potential of the transition in Burma: The author focus on the potential of the transition in Burma, this article is translated to Burmese audiences... On analysis: In this section, the rulings of the Supreme Court are analyzed and flaws are shown. Author is Min Lwin Oo...
      Language: Burmese
      Source/publisher: Burma Lawyers' Council (BLC)
      Format/size: pdf (675K)
      Alternate URLs: http://www.blc-burma.org/pdf/joca/joca14.pdf
      Date of entry/update: 18 June 2003


      Title: "Journal of Constitutional Affairs" No. 13.
      Date of publication: April 2002
      Description/subject: The Electoral Systems (Part 2) (Khin Maung Win); Sri Lanka Constitution and Implementation (Win Maung); Brief News and Commentaries Relating to Constitutional Matters (BLC,s Documentation Centre); Introduction to The Internatinonal Criminal Court; The History of the Development of Human Rights Treaties (Khin Maung Win); The Union Members (Burma Lawyers' Council); The Election and Politics Complication (Khin Maung Win); Nigerian Women Rights (Ba Maung Zin); Geneva Agreements or Law of International Humanitarian Law (Ba Maung Zin); The Tamil Tiger and prospect of Peace in Sri Lanka (Ba Maung Zin).
      Language: Burmese
      Source/publisher: Burma Lawyers' Council (BLC)
      Format/size: pdf (875K)
      Alternate URLs: http://www.blc-burma.org/pdf/joca/joca13.pdf
      Date of entry/update: 03 June 2003


      Title: "Journal of Constitutional Affairs" No. 12
      Date of publication: January 2002
      Description/subject: The Electroal Systems (Khin Maung Win) The Republic of India and Constitution (Win Maung) Brief News and Commentaries Relating to Constitutional Matters (BLC’s Documentation Centre) The Constitution Observation trip (Germany) (Aung Htoo) Race, Nation and Nationalism (Bo Mote Seit) Death Dam (Min Lwin Oo) Afganistan Affair (Khin Maung Win) 100th Annaversary of Noble Peace Prize (Khin Maung Win) Remearge of Japanese Militarialism (Khin Maung Win)
      Language: Burmese
      Source/publisher: Burma Lawyers' Council (BLC)
      Format/size: pdf (1.1MB)
      Alternate URLs: http://www.blc-burma.org/pdf/joca/joca12.pdf
      Date of entry/update: 03 June 2003


      Title: "Journal of Constitutional Affairs" No. 11
      Date of publication: August 2001
      Description/subject: The 11th issue contains the following articles: The Presidential System (Khin Maung Win); Women Rights and abortion (Aung Htoo); Brief News and Commentaries Relating to Constitutional Matters (BLC’s Documentation Centre); The Dialouge and Transition (Tin Maung Than); Law and Religion in Burma (Peter Gutter) (Translation) Introduction (Dam)(Min Lwin Oo); Lack of Transparency in Burmese Judgment (Win Maung); Milosevic and War Crime Charge (Khin Maung Win); Racial Discrimination and Asean (Khin Maung Win); Khamer Rouge Trial (Khin Maung Win).
      Language: Burmese
      Source/publisher: Burma Lawyers' Council (BLC)
      Format/size: pdf (674K)
      Alternate URLs: http://www.blc-burma.org/pdf/joca/joca11.pdf
      Date of entry/update: 03 June 2003


      Title: "Journal of Constitutional Affairs" No. 10
      Date of publication: April 2001
      Description/subject: Constitutional discussion articles (Khin Maung Win) Brief News and Commentaries Relating to Constitutional Matters (BLC’s Documentation Centre) New Government and Past Human Rights Violations (Jeremy Sarkin)(Translation) Consoiation Democracy (Khin Maung Win) The Tatmadaw(Army) and Transition (Tin Maung Than) Politics of the Phlippine and People Power Revolution (Khin Maung Win)
      Language: Burmese
      Source/publisher: Burma Lawyers' Council (BLC)
      Format/size: pdf (562K)
      Alternate URLs: http://www.blc-burma.org/pdf/joca/joca10.pdf
      Date of entry/update: 03 June 2003


      Title: "Journal of Constitutional Affairs" No. 9
      Date of publication: December 2000
      Description/subject: The 9th issue contains the following articles: Discussions on constitutional matters, (this series is reproduced from the Democratic Voice of Burma (DVB) broadcasting programme). Brief news and commentaries relating to constitution matters. This brief report, a production of the BLC Documentation Unit, intends to inform readers of the issues relating to constitutonal matters that arise in some countries, and how both people and politicians deal with these issues. Writing of a new constitution in Burma. Ths short article, written by B.K. Sen, examines the necessary steps required in teh drafting of a new constitution for Burma. Human Rights Philosophy. This article was written by Khin Maung Win, within teh scope of huamn rights matters. It introduces some baisc human rights issues from a philosophical perspective. This in contrast to most human rights courses conducted in Burmese, that usually specifically deal with individual rights. "Rule of Law and the Chinese Experience", an article dealing with matters concerning rule of law. The author of this article, Hkun Okker, observed the implementation of the rule of law in China, during his recent visit to that country. He gives Burmese readers more insight into such an implementation. "American Presidential electoral system", an article within the scope of election watch, written by Bo Moke Seik. The author explains how the American presidential electoral system works, and argues that this was specially devised to meet the requirements of the American federal system, although there are shortcomings in the electoral system. The devising of a similar system will be of particular importance for Burma, when seeking to establish a future federal union of Burma. Thia General Elections, written by Win Maung. The author explains in teh context of this being the first general election held under the political reforms of the 1997 constituton. The author also explains teh workings of the two electoral systems in Thailand, manely the Single Member Constituency and the Party List System. On analysis. Under this section, international events are specifically analyzed, as they provide valuable lessons applicable to the situation in Burma, now and in the future. The legacy of a Dictator President: A Lesson from Ivory Coast, by Ba Maung Zin, In this article , the author examines the problems facing Ivory Coast, following the October 2000 presidential election. The main theme of this article is theat the democratically elected president is facing new challenges, as demonstrations are geing staged against the president by oposition leaders, who were disqualified from office by the former dictator president. There is a lesson oto be learnt from this experience, as a similar situation may arise in Burma, where a large number of politicians were unfirly disqualified by the military junta from contesting future elections. People's Power Victory: Yugoslavia's Presidential Election and its Aftermath, also by Ba Maung Zin. This article explains haw a people's power movement came to overthrow a dictatorial president.
      Language: Burmese
      Source/publisher: Burma Lawyers' Council (BLC)
      Format/size: pdf (526K)
      Alternate URLs: http://www.blc-burma.org/pdf/joca/joca9.pdf
      Date of entry/update: 03 June 2003


      Title: "Journal of Constitutional Affairs" No. 8
      Date of publication: September 2000
      Description/subject: Discussion on Constitutional Affaris; Duties emerging out of the Constitution; Brief news on Constitutions; Human Rights and Constitutional Affairs; Naitonal Huamn Rights Commissions; Human Rights Commission and Human Rights in Burma; Australian Policy and Human Rights in Burma
      Language: Burmese
      Source/publisher: Burma Lawyers' Council (BLC)
      Format/size: pdf (836K)
      Alternate URLs: http://www.blc-burma.org/pdf/joca/joca8.pdf
      Date of entry/update: 03 June 2003


      Title: "Journal of Constitutional Affairs" No. 7
      Date of publication: April 2000
      Description/subject: Drawing up a Constitution and selecting government systems, (Burma Lawyers' Coucil)... South Africa's courts - beyond Apartheid: the structure and role of the Constitutional Court, (Professor Jeremy Sarkin), translated in Burmese by Cho Cho Tun Nyein... Limited government, (Bo Mote Seit)... Huamn rights law, (Khin Maung Win)... The meaning of human rights, (Khin maung Win)... Anti-corruption experiences in Thailand, Indonesia and Burma, (Aung Htoo).
      Language: Burmese
      Source/publisher: Burma Lawyers' Council (BLC)
      Format/size: pdf (787K)
      Alternate URLs: http://www.blc-burma.org/pdf/joca/joca7.pdf
      Date of entry/update: 03 June 2003


      Title: "Journal of Constitutional Affairs" No. 6
      Date of publication: October 1999
      Description/subject: Lessons form the Past (Prof. Josef Silverstein) (Translation); Constitution and the Constitutional Court - Thailand's experience; Judicial Independence; Amending the Constitution - the Philippines experience; The June 1999 General Elections of Indonesia; The 1998 Cambodian General Elections and Rule of Law; Bureaucracy.
      Language: Burmese
      Source/publisher: Burma Lawyers' Council (BLC)
      Format/size: pdf (558K)
      Alternate URLs: http://www.blc-burma.org/pdf/joca/joca6.pdf
      Date of entry/update: 03 June 2003


      Title: "Journal of Constitutional Affairs" No.5
      Date of publication: May 1999
      Description/subject: Drafting a constitution: a relationship between texts and the drafting process; an observation on the 1996 South African Constitution; Solving ethnic conflicts:Sri-Lanka experiences; Pyidaungzu (Union), Federalism and Burman Elites; An introduction to 1997 Thai constitution - A brief observation; Record of constitutional seminars - Bangkok seminar 1998 (May) and New Delhi seminar (1998 December).
      Language: Burmese
      Source/publisher: Burma Lawyers' Council (BLC)
      Format/size: pdf (762K)
      Alternate URLs: http://www.blc-burma.org/pdf/joca/joca5.pdf
      Date of entry/update: 03 June 2003


      Title: "Journal of Constitutional Affairs" No. 3
      Date of publication: July 1995
      Description/subject: Introduce to Constitution; The book The Union of Burma, which refer to the 1947 Constitution and the 8888 uprising; The study of the system of the parliamentary government and the presidential government; The lost of Ma Nar Plaw and the Political Knowledge of the People; The report of the DAB's Constituitonal Drafting Commmittee concerning the Drafting of the (Future) Federal Union of Burma Constituitonal (Draft); The Parliament; Justice and Law in Burma.
      Language: Burmese
      Source/publisher: Burma Lawyers' Council (BLC)
      Format/size: pdf (251K)
      Alternate URLs: http://www.blc-burma.org/pdf/joca/joca3.pdf
      Date of entry/update: 17 November 2004


  • Key documents of Burmese law
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    Websites/Multiple Documents

    Title: "The Burma Code" - 13 volumes (English, Burmese/ ျမန္မာဘာသာ )
    Description/subject: Drafted from the early British colonial period. Much of the content of "The Burma Code", e.g. "The Penal Code", "Code of Civil Procedure" and other procedural texts, is still in force and constitutes the basis of Burmese/Myanmar law...The Myanmar Supreme Court website has a set online, but at an average of 71MB per volume, virtually unusable. We have sought to reduce the volume size to reasonable size. Best downloaded or read online with Google Chrome.
    Language: English, Burmese/ ျမန္မာဘာသာ
    Source/publisher: Government of the Union of Burma
    Format/size: pdf
    Date of entry/update: 04 January 2014


    Individual Documents

    Title: Constitution of the Republic of the Union of Myanmar (2008) (English, Burmese/ ျမန္မာဘာသာ
    Date of publication: September 2008
    Description/subject: The official bilingual version...The date given here is the date of printing. The date of adoption of the Constitution is 29 May 2008
    Language: English, Burmese/ ျမန္မာဘာသာ
    Source/publisher: State Peace and Development Council (SPDC)
    Format/size: pdf (698K)
    Date of entry/update: 11 November 2010


    Title: The Courts Manual (4th Edition, 1999)
    Date of publication: 1999
    Description/subject: TABLE OF CONTENTS (157K)... PART I - LEGAL PRACTIONERS AND PETITION WRITERS (1.8MB)... PART II - INSTRUCTIONS AND ORDERS RELATING TO BOTH CIVIL AND CRIMINAL PROCEDURE (2.9MB)... PART III - CIVIL PROCEDURE (4MB)... PART IV - CRIMINAL PROCEDURE (6.8MB)... APPENDICES (1.3MB)... THE COURTS MANUAL - ENGLISH (17MB) Full text... THE COURTS MANUAL – ENGLISH AND BURMESE (26MB) Full text
    Language: English, Burmese/ ျမန္မာဘာသာ
    Source/publisher: Myanmar Supreme Court
    Format/size: pdf (63K)
    Date of entry/update: 15 December 2012


    Title: Burma/Myanmar Code of Civil Procedure
    Date of publication: 01 January 1909
    Description/subject: Scanned from "The Burma Code" Vol. XII. 1979 edition
    Language: English
    Source/publisher: Government of the Union of Burma via "The Burma Code" Vol. XII (1979 Edition)
    Format/size: pdf (8.3MB)
    Date of entry/update: 25 December 2012


    Title: The Code of Criminal Procedure
    Date of publication: 01 July 1898
    Language: English
    Source/publisher: Government of the Union of Burma via "The Burma Code" Vol. VIII, via Burma Lawyers' Council
    Format/size: html, pdf
    Date of entry/update: 24 June 2005


    Title: The Evidence Act
    Date of publication: 1872
    Description/subject: Sections: 1. Application of Act.... 2. * * * *... 3. Interpretation clause... 4. “May presume.”... “ Shall presume. ” “ Conclusive proof. *....."The Evidence Act of 1872 sets out the rules of evidence in Myanmar. The Evidence Act establishes rules similar in form and content to those in other former British colonies in the region and in Britain today. 6 The Evidence Act is applicable to all judicial proceedings before any court 7 and to all judges or other persons legally authorized to hear evidence. 8 However, the Evidence Act does not apply to arbitrations..." (Alec Christie)
    Language: English
    Source/publisher: Government of the Union of Myanmar via "The Burma Code" (Myanmar Code), Vol. XII
    Format/size: pdf (1.6MB)
    Date of entry/update: 30 April 2013


    Title: The Penal Code (Burmese/ ျမန္မာဘာသာ)
    Date of publication: 01 May 1861
    Language: Burmese/ ျမန္မာဘာသာ
    Source/publisher: Government of the Union of Burma
    Format/size: pdf (12MB)
    Date of entry/update: 09 January 2014


    Title: The Penal Code (English & Burmese/ ျမန္မာဘာသာ )
    Date of publication: 01 May 1861
    Language: English, Burmese/ ျမန္မာဘာသာ
    Source/publisher: Government of the Union of Burma
    Format/size: pdf (20MB)
    Date of entry/update: 09 January 2014


    Title: The Penal Code (English)
    Date of publication: 01 May 1861
    Description/subject: Table of contents followed by all 511 articles, in one big document... (INDIA ACT XLV. 1860) (1st May. 1861) The pdf version is based on the BLC version. A spell-check was run on the BLC version and checked against a hard-copy version of the "Myanmar Code". The hard-copy version was taken as authoritative and the text amended accordingly. Some obvious mistakes exist in the hard-copy original. These are left as-is, followed by "[sic. "xxxx" is presumably intended"]". The BLC version does not contain all the footnotes which exist in the hard-copy version. These will be added in a Corr.2
    Language: English
    Source/publisher: Government of Burma via Burma Lawyers' Council via Online Burma/Myanmar Library
    Format/size: (pdf (785K); html (1.8MB)
    Date of entry/update: 16 March 2006


  • Rule of Law (international and Burma/Myanmar-specific)

    Websites/Multiple Documents

    Title: Rule of law (Wikipedia)
    Description/subject: "The rule of law (also known as nomocracy) is the legal principle that law should govern a nation, as opposed to arbitrary decisions by individual government officials. It primarily refers to the influence and authority of law within society, particularly as a constraint upon behavior, including behavior of government officials. The phrase can be traced back to 16th century England, and it was popularized in the 19th century by British jurist A. V. Dicey. The concept was familiar to ancient philosophers such as Aristotle, who wrote "Law should govern". Rule of law implies that every citizen is subject to the law, including law makers themselves. In this sense, it stands in contrast to an autocracy, collective leadership, dictatorship, or oligarchy where the rulers are held above the law (which is not necessary by definition but which is typical). Lack of the rule of law can be found in democracies and dictatorships, and can happen because of neglect or ignorance of the law, corruption, or lack of corrective mechanisms for administrative abuse, such as an independent judiciary with a rule-of-law culture, a practical right to petition for redress of grievances, or elections..."
    Language: English
    Source/publisher: Wikipedia
    Format/size: html
    Date of entry/update: 21 July 2012


    Title: United Nations Rule of Law
    Description/subject: "...The principle of the rule of law applies at the national and international levels. At the national level, the UN supports a rule of law framework that includes a Constitution or its equivalent, as the highest law of the land; a clear and consistent legal framework, and implementation thereof; strong institutions of justice, governance, security and human rights that are well structured, financed, trained and equipped; transitional justice processes and mechanisms; and a public and civil society that contributes to strengthening the rule of law and holding public officials and institutions accountable. These are the norms, policies, institutions and processes that form the core of a society in which individuals feel safe and secure, where legal protection is provided for rights and entitlements, and disputes are settled peacefully and effective redress is available for harm suffered, and where all who violate the law, including the State itself, are held to account..."
    Language: English (other languages available)
    Source/publisher: United Nations
    Format/size: html
    Date of entry/update: 17 August 2014


    Title: World Justice Project (WJP)
    Description/subject: Working Definition of the Rule of Law: The WJP uses a working definition of the rule of law based on four universal principles: The government and its officials and agents are accountable under the law... The laws are clear, publicized, stable, and fair, and protect fundamental rights, including the security of persons and property... The process by which the laws are enacted, administered, and enforced is accessible, efficient, and fair... Justice is delivered by competent, ethical, and independent representatives and neutrals who are of sufficient number, have adequate resources, and reflect the makeup of the communities they serve.
    Language: English
    Source/publisher: World Justice Project (WJP)
    Format/size: html
    Date of entry/update: 20 July 2012


    Individual Documents

    Title: MYANMAR Country Profile prepared by the ICJ Centre for the Independence of Judges and Lawyers
    Date of publication: June 2014
    Description/subject: "Myanmar has thus far failed to ratify most human rights treaties. Judicial independence is provided for in law, but not respected in practice. In particular, the degree of control exercised by the Executive over the appointment process and the lack of transparency over criteria for selection and promotion, insufficient security of tenure, executive control over the budget and insufficient pay and training are inconsistent with international standards. Lawyers lack a self-governing professional body that can defend the profession’s integrity and professional interests. Although their independence has increased substantially since 2011, on-going challenges remain, such as interference in politically sensitive and criminal cases. Structural problems such as the poor state of legal education have yet to be addressed."
    Author/creator: NA
    Language: English
    Source/publisher: International Commission of Jurists - Centre for the Independence of Judges and Lawyers
    Format/size: html (372K)
    Date of entry/update: 10 October 2014


    Title: Constitutional Reform in Myanmar: Priorities and Prospects for Amendment
    Date of publication: January 2014
    Description/subject: "...The Constitution of the Republic of the Union of Myanmar, Myanmar’s third and current constitution (“the Constitution”), was adopted following a referendum on 10 May 2008, held just eight days after Cyclone Nargis, the most devastating natural disaster in Myanmar’s history. There was little or no public participation in the production of the text of the Constitution; indeed the proposed text was published just one month before the referendum and was unavailable to a large part of the electorate.... 2. However, Myanmar has recently taken a significant step towards participatory democracy by inviting public views on the amendment of the Constitution. In July 2013 the Joint Committee for Reviewing the Constitution of the Republic of the Union of Myanmar (“the Committee”) was established with the aims of: guaranteeing the perpetuation, peace, stability and development of the Republic; bringing eternal peace to all national races and ethnic people by bringing unity between them; and carrying on democratic reforms for building the state. One of the Committee’s first actions was, on October 3 2013, to announce a nationwide consultation exercise aimed at garnering advice from a broad range of political parties, organizations and individuals as to how the Constitution might be amended. This exercise ran until December 31 2013. The Committee has stated that it received 28,247 letters in response.... 3. During the consultation period, the Bingham Centre for the Rule of Law (“the Bingham Centre”) took part in a project to encourage participation by the citizens of Myanmar in that consultation exercise. The Bingham Centre assisted in many well-attended workshops across different parts of Myanmar between October and December 2013. As a result of these workshops, over 500 people submitted responses to the Committee. A summary of the Bingham Centre’s experience of people’s priorities for reform is set out below.... 4. However, the immediate priority for reform identified by the overwhelming majority of delegates at the numerous workshops was to amend the onerous procedure for amending the Constitution, without which reform is likely to be extremely difficult. This paper seeks to put those popular concerns into context by comparing to other constitutions around the world the three elements of this procedure, which, in our view, combine to make it so onerous. Those three elements are:..."
    Author/creator: Naina Patel, Alex Goodman and Naomi Snider
    Language: English
    Source/publisher: Bingham Centre for the Rule of Law (Working Paper No 2014/01)
    Format/size: pdf (768K)
    Alternate URLs: http://www.burmalibrary.org/docs19/Bingham-2014-01-myanmar_constitutional_reform.pdf
    Date of entry/update: 20 October 2014


    Title: Burma and the Road Forward: Lessons from Next Door and Possible Avenues Towards Constitutional and Democratic Development
    Date of publication: 25 July 2013
    Description/subject: "The chapter of authoritarian rule may finally be ending in Burma’s complicated narrative. The Burmese government has taken visible steps towards democratic reform. Despite reports of military control and intimidation at the polls,the country transitioned to civilian rule in 20103 after fifty years of control by a military junta. The government also released the country’s preeminent democratic leader and icon, Aung San Suu Kyi, who has been on house arrest sporadically since 1989. Rapid political reforms soon followed. The ability to reconcile Burma’s political history and transition to a democracy will be a challenging one. A successful transformation requires more than legal formalism; legal formalism cannot work without the development of a civil society. However, legal formalism, as Suu Kyi has urged, ensures a rule of law that will allow Burmese citizens, including minority groups, to protect themselves from their government’s historical abuse of power. This Comment discusses how the expansion of legal rights for individuals and minorities is the direct way for Burma to secure a democratic future..."
    Author/creator: Connie Ng
    Language: English
    Source/publisher: Santa Clara Law Review (Vol 53, No. 1)
    Format/size: pdf (198K)
    Date of entry/update: 21 August 2014


    Title: BURMA: Criminalization of rights defenders and impunity for police
    Date of publication: 29 April 2013
    Description/subject: The Asian Human Rights Commission condemns in the strongest terms the announcement of the commander of the Sagaing Region Police Force, Myanmar, that the police will arrest and charge eight human rights defenders whom it blames for inciting protests against the army-backed copper mine project at the Letpadaung Hills, in Monywa. The commission also condemns the latest round of needless police violence against demonstrators there.
    Language: English
    Source/publisher: Asian Human Rights Commission (AHRC)
    Format/size: html (45K)
    Date of entry/update: 29 April 2013


    Title: Myanmar Rule of Law Assessment
    Date of publication: March 2013
    Description/subject: Executive Summary:- Background: • In June 2012, Perseus Strategies and New Perimeter, in partnership with the Jacob Blaustein Institute for the Advancement of Human Rights, initiated a broad rule of law assessment of Myanmar • Upon completion of this assessment, New Perimeter and Perseus Strategies will launch a program where potentially thousands of pro bono hours from the global law firm DLA Piper will be invested into a focused project to advance law reform efforts in Myanmar... Current situation: • On November 7, 2010, Myanmar held its first election in 20 years – much of the reaction to the reforms instituted by President Thein Sein, inaugurated in March 2011, reflects the hope that the country can break free of its authoritarian past that involves widespread human-rights abuses • Following by-elections in April 2012, Aung San Suu Kyi has joined the government as an elected MP, along with several dozen representatives of the National League for Democracy and ethnic political parties • Major reform efforts have been initiated by the government across an array of areas, which has reinforced these hopes, but there remains a large gap between public perception and the reality of the impact of reform efforts on the ground • There is a strong consensus across the political spectrum that advancing the rule of law and law reform efforts are a top priority, but the government, opposition, and other parties have different views as to the sequencing of specific efforts... Key findings: • President Thein Sein and his allies in the government are making genuine reforms; however, many government institutions are quite fragile and the role of the military remains opaque • For these changes to be permanent and irreversible, constitutional reform is important, but it is unclear if the government will undertake such efforts in the near term • Law reform is being implemented from the top‑down, but these efforts must be driven into government bureaucracies and down to the local level, and coupled with major grassroots efforts to educate people about their rights • The judicial system is in need of large‑scale reform – corruption is a serious issue and decisions are sometimes made by the executive branch • The parliament will be a significant player in law reform efforts, but requires major investment to build its capacity so its contributions can be meaningful • Myanmar requires unprecedented effort to create a criminal defense and legal aid system, reconstitute the Bar Association, and rebuild the legal education system • The Myanmar National Human Rights Commission has potential, but should be reconstituted by the parliament as an independent government agency, in accordance with the Paris Principles • The government has signed several new treaties, but reform efforts could also be advanced through the signing and ratification of the Int’l Covenant on Civil and Political Rights (ICCPR), Int’l Covenant on Economic, Social, and Cultural Rights (ICESCR), and Convention Against Torture and Other Cruel, Inhuman, and Degrading Treatment (CAT), which the government has indicated its intention to do.
    Language: English
    Source/publisher: DLA-Piper (New Perimeter), Perseus Strategies, Jacob Blaustein Institute for the Advancement of Human Rights
    Format/size: pdf (1.3MB)
    Date of entry/update: 14 March 2013


    Title: The Rule of Law in Myanmar: Challenges and Prospects
    Date of publication: 20 December 2012
    Description/subject: Report of the International Bar Association’s Human Rights Institute (IBAHRI) Supported by the IBAHRI Trust and the Open Society Foundations.....Contents: Executive Summary... 1. Introduction: 1.1 The IBAHRI delegation and its mandate; 1.2 Interviews and consultations; 1.3 The rule of law: an overview... 2. Background and History: 2.1 Myanmar in facts and figures; 2.2 Myanmar before 1988; 2.3 Myanmar in the two decades after the 1988 coup; 2.4 The 2008 Constitution; 2.5 Myanmar since 2008... 3. The Civil Sphere: Social, Economic, Cultural, Civil and Political Rights: 3.1 Background; 3.2 Current legal structure; 3.3 Findings; Access to courts and the administration of justice; Freedom of expression, association and assembly; Ethnic conflicts; 3.4 Conclusion ... 4. The Political Sphere: the Branches of Government: 4.1 Background; 4.2 Current legal structure; 4.3 Findings; 4.4 Conclusion... 5. The Legislative Sphere: Parliament and the Reform Process: 5.1 Background; 5.2 The structure of the legislature; 5.3 Findings; The Bill Committee of the Lower House; The Complaints Committee of the Upper House; Other perspectives; 5.4 Conclusion... 6. The Myanmar National Human Rights Commission: 6.1 Background; 6.2 Current legal structure; 6.3 Findings; 6.4 Conclusion... 7. The Military Sphere: the Role of the Army: 7.1 Background; 7.2 Current legal structure; 7.3 Findings; 7.4 Conclusion... 8. The Judicial Sphere (I): Courts and Judges: 8.1 Background; 8.2 Current legal structure; 8.3 Findings; 8.4 Conclusion... 9. The Judicial Sphere (II): the Legal Profession: 9.1 Background; 9.2 Current legal structure; 9.3 Findings; Former and current lawyers; The Attorney General and Justice Soe Nyunt; 9.4 Conclusion... 10. Conclusions and Recommendations... Annexes: A. General Assembly Resolution 66/102 on the Rule of Law at the National and International Levels... B. The Peaceful Demonstration and Gathering Act 2012... C. Principles Relating to the Status of National Institutions (The Paris Principles)... D. UN Basic Principles on the Independence of the Judiciary ... E. UN Basic Principles on the Role of Lawyers... F. IBA Standards for the Independence of the Legal Profession... G. UN Guidelines on the Role of Prosecutors... H. International Association of Prosecutors’ Standards of Professional Responsibility and Statement of the Essential Duties and Rights of Prosecutors... I. The Venice Commission Report’s Checklist for Evaluating the Rule of Law in Single States... List of Acronyms
    Language: English
    Source/publisher: International Bar Association’s Human Rights Institute (IBAHRI)
    Format/size: pdf (409K), html
    Alternate URLs: http://www.ibanet.org/Document/Default.aspx?DocumentUid=DE0EE11D-9878-4685-A20F-9A0AAF6C3F3E
    http://www.ibanet.org/Article/Detail.aspx?ArticleUid=DEBA1058-8D8D-47E3-B8DB-1BA2BA82E40E
    http://www.ibanet.org/Human_Rights_Institute/About_the_HRI/HRI_Activities/Buma.aspx
    http://www.ibanet.org/Article/Detail.aspx?ArticleUid=65664916-85C3-4B91-9FB1-FF4485EB4F40
    http://www.ibanet.org/Article/Detail.aspx?ArticleUid=FBDF2D5E-1631-48FC-A307-E4C13EBB71A1
    Date of entry/update: 20 December 2012


    Title: BURMA: Continued use of military-issued instructions denies rights
    Date of publication: 05 November 2012
    Description/subject: "Much has been made in recent times of the continued use in Burma of antiquated and anti-human rights laws from the country's decades of military rule, as well as from the colonial era. While legislators discuss the amendment or revocation of some laws, and the issue is debated in the public domain, much less is said of the superstructure of military-introduced administrative orders that officials around the country continue to employ in their day-to-day activities, invariably in order to circumscribe or deny human rights. Among these orders are some being used to restrict or prevent access to land of people who rightfully occupy or cultivate the land, as in the case of villagers from some 26 villages affected by the copper mining project in the Letpadaung Mountain range in Sagaing Region, on which the Asian Human Rights Commission has previously spoken (AHRC-PRL-044-2012). The AHRC has obtained copies of a series of orders issued by Zaw Moe Aung, chief administrator of Sarlingyi Township, where villagers have been fighting since mid-2012 against the expansion of copper mining in the region onto their farmlands. The orders, issued under section 144 of the Criminal Procedure Code, prohibit villagers from access to their farmlands or any form of use of the farmlands, such as for the grazing of cattle. The latest orders expired at the end of October; however, people in the region expect that they will be renewed, or that in any event they will simply be denied access to their land, which is being taken over by an army-owned company and its partner..."
    Language: English
    Source/publisher: Asian Human Rights Commission (AHRC)
    Format/size: html
    Date of entry/update: 05 November 2012


    Title: LSE discussion roundtable on "Rule of Law" with Daw Aung San Suu Kyi (Full Video)
    Date of publication: 19 June 2012
    Description/subject: "Burmese democracy campaigner Aung San Suu Kyi told an LSE audience that fairness and freedom can only be restored to her country under the rule of law. Speaking on her first visit to the UK for 24 years, the Nobel Peace Prize winner said that unity in Burma and a new constitution could only be achieved within a legal framework. “This is what we all need - unless we see that justice is to be done, we cannot proceed to genuine democracy”, she told an audience of students, staff and visitors. She said that she condemned violence wherever it occurred, but that a full understanding of its causes was key: “Resolving conflict is not about condemnation, it’s about finding the roots, the causes of that conflict and how they can be resolved in the best way possible.” The leader of the National League of Democracy in Burma, who has spent much of her life under house arrest on the orders of the country’s military rulers, was speaking as part of a round-table discussion at LSE featuring academic and legal experts. LSE Director Judith Rees reminded listeners that the event was taking place on Aung San Suu Kyi’s 67th birthday and that everyone wanted to celebrate that she was able to enjoy the day in freedom. Professor Rees said: “Your trip to the UK will go down in history and I’m sure that it’s an emotional trip for you.” She also invited the crowd to sing Happy Birthday, adding: “It’s a tribute not just to you but to all those who have campaigned for freedom in Burma.” Alex Peters-Day, General Secretary of LSE’s Students’ Union, presented the guest with a surprise present - a photograph of her late father taken in London in 1947 - and with an LSE baseball cap, a traditional gift for visiting leaders. The panel discussion also involved LSE professors Mary Kaldor and Christine Chinkin, Burmese activist and visiting fellow Dr Maung Zarni, Oxford professor Nicola Lacey and barrister Sir Geoffrey Nice QC. Professor Kaldor ended the event by passing on a question from a student who’d asked Aung San Suu Kyi how she had found her strength to continue her campaigning. She answered: “It’s all of you, and people like you, who give me the strength to continue. And I suppose I have a stubborn streak in me.” "..."... Speaker(s): Daw Aung San Suu Kyi, Professor Christine Chinkin, Professor Nicola Lacey, Sir Geoffrey Nice QC, Dr Maung Zarni Recorded on 19 June 2012 in Peacock Theatre, Portugal Street. Daw Aung San Suu Kyi is Chairman of the National League for Democracy (NLD) and Member of Parliament of Kawhmu constituency in Burma. She was awarded the Nobel peace prize in 1991. Christine Chinkin, FBA, is currently Professor in International Law at the London School of Economics. She has widely published on issues of international human rights law, law, including as co-author of The Boundaries of International Law: A Feminist Analysis. Nicola Lacey holds a Senior Research Fellowship at All Souls College, and is Professor of Criminal Law and Legal Theory at the University of Oxford, having previously held a chair at the London School of Economics. Nicola’s research is in criminal law and criminal justice, with a particular focus on comparative and historical scholarship. In 2011 she won the Hans Sigrist Prize for scholarship on the rule of law in modern societies. Sir Geoffrey Nice QC is a barrister; he is a signatory of Harvard’s Crimes in Burma report. Sir Geoffrey is a member of Burma Justice Committee and works with NGO's and other groups seeking international recognition of crimes committed in conflicts; represents government and similar interests at the ICC. A Burmese native, Dr Zarni is a veteran founder of the Free Burma Coalition, one of the Internet's first and largest human rights campaigns and a Visiting Fellow at the Civil Society and Human Security Research Unit, LSE. His forthcoming book, provisionally titled Life under the Boot: 50-years of Military Dictatorship in Burma, will be published by Yale University Press. Mary Kaldor is professor of Global Governance in the Department of International Development and Director of the Civil Society and Human Security Research Unit at LSE. She writes on globalisation, international relations and humanitarian intervention, global civil society and global governance, as well as what she calls New Wars. "
    Language: English
    Source/publisher: Democratic Voice of Burma (DVB) via Youtube
    Format/size: Adobe Flash (1 hour, 2 minutes)
    Date of entry/update: 20 June 2012


    Title: The ‘Rule of Law’ in Burma
    Date of publication: 01 February 2012
    Description/subject: "Over the past several months, Burma’s pro-democracy icon and opposition leader Aung San Suu Kyi has constantly repeated the refrain that the government must establish the “rule of law.” That’s a worthwhile goal, as well as a necessary achievement if Burma is going to raise the quality of life and standard of living for its 54 million long-oppressed and impoverished people. In the words of William H. Neukom, the president of the World Justice Project (WJP), “The rule of law is the foundation for communities of opportunity and equity—it is the predicate for the eradication of poverty, violence, corruption, pandemics and other threats to civil society.” But what does the “rule of law” mean?..."
    Author/creator: Stephen Bloom
    Language: English
    Source/publisher: "The Irrawaddy"
    Format/size: pdf (94K), html
    Alternate URLs: http://www2.irrawaddy.org/article.php?art_id=22960
    Date of entry/update: 21 July 2012


    Title: Thin Rule of Law or Un-Rule of Law in Myanmar?
    Date of publication: 2010
    Description/subject: "...In this article I examine the rule-of-law language and practices of the state in Myanmar in terms of the “thin” rule of law, which is sometimes described as “rule by law.” I am not advocating this type of rule of law. Rather, I am interested in how it can be used to explore the sort of authoritarian legality found in Myanmar, and to advance more critical study of Asian governments’ stated commitments to the rule of law..."
    Author/creator: Nick Cheesman
    Language: English
    Source/publisher: Pacific Affairs: Volume 82, No. 4 Winter 2009/2010
    Format/size: pdf (77K)
    Date of entry/update: 18 August 2014


    Title: THE RULE OF LAW AND COMMERCIAL LITIGATION IN MYANMAR
    Date of publication: 2000
    Description/subject: Abstract: "After nearly thirty years of self imposed isolation, Myanmar has re- emerged as a significant potential destination for foreign investment. One of the key attractions of Myanmar as a destination for foreign investment is its legal system and historical commitment to the rule of law. With ASEAN membership and increasing levels of foreign investment in Myanmar, use of its legal system by foreign investors and their counsel has grown. The aim of this article is to outline, for both investors and legal professionals in other countries throughout the region, Myanmar's legal system and its practical operation in the area of commercial litigation, including the enforcement of foreign judgments and arbitral awards"
    Author/creator: Alec Christie
    Language: English
    Source/publisher: Pacific Rim Law & Policy Journal Association
    Format/size: pdf (896K-original; 304K-OBL version)
    Alternate URLs: http://www.burmalibrary.org/docs15/Rule_of_Law_in_Myanmar-red.pdf
    Date of entry/update: 30 April 2013


  • Lists of laws in force or repealed

    Individual Documents

    Title: Myanmar laws which should be removed, revised, rewritten or replaced
    Date of publication: 04 June 2014
    Description/subject: Lists Burma/Myanmar laws, and recommends which should be removed, revised, rewritten or replaced
    Language: Burmese/ ျမန္မာဘာသာ , some English
    Source/publisher: Cooperative [Joint?] Committee on Drafts via "Myanmar Alin" 3-4 June, 2014
    Format/size: pdf (270K)
    Date of entry/update: 03 July 2014


    Title: The Law for the (Second Time) Repeal of Laws - SLORC Law No. 4/93 (English)
    Date of publication: 31 March 1993
    Description/subject: The State Law and Order Restoration Council... The Law for the (Second Time) Repeal of Laws... (The State Law and Order Restoration Council Law No. 4/93)... The 9th Waning Day of Hnaung Tagu, 1354 ME. (31st March, 1993
    Language: English
    Source/publisher: State Law and Order Restoration Council (SLORC)
    Format/size: pdf (55K)
    Date of entry/update: 13 June 2013


    Title: The Law for the Repeal of Laws - SLORC Law No. 1/92 (English)
    Date of publication: 19 February 1992
    Description/subject: The State Law and Order Restoration Council - The Law for the Repeal of Laws - (The State Law and Order Restoration Council Law No. 1/92) - The 1st Waning Day of Tabodwe, 1353 ME (19th February, 1992)
    Language: English
    Source/publisher: State Law and Order Restoration Council (SLORC)
    Format/size: pdf (65K)
    Date of entry/update: 13 June 2013


  • 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-inc...
        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


    • 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/ ျမန္မာဘာသာ
        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/asa1...
        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/ ျမန္မာဘာသာ
        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
        Author/creator: NA
        Language: Burmese/ ျမန္မာဘာသာ
        Source/publisher: Pyithu Hluttaw
        Format/size: pdf (743K)
        Alternate URLs: http://www.burmalibrary.org/docs19/1982-law-4-Burma_Citizenship_Law-ocr-tu-bal-bu-2.pdf
        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-exp...
        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-p...
        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%...
        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-inc...
        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


    • Other laws impacting on civil and political rights

      Individual Documents

      Title: 1950 Emergency Provisions Act (Burmese/ ျမန္မာဘာသာ )
      Date of publication: 09 March 1950
      Language: Burmese/ ျမန္မာဘာသာ
      Source/publisher: Government of the Union of Burma via "The Burma Code" Vol. II
      Format/size: pdf (343K)
      Date of entry/update: 06 November 2014


      Title: 1950 Emergency Provisions Act (English)
      Date of publication: 09 March 1950
      Description/subject: Probably an unoffical translation
      Language: English
      Source/publisher: Government of the Union of Burma via "The Burma Code" Vol. II
      Format/size: pdf (12K)
      Date of entry/update: 06 November 2014


      Title: The Burma Official Secrets Act
      Date of publication: 02 April 1923
      Description/subject: [INDIA ACT XIX, 1923] (2nd April, 1923)
      Language: English
      Source/publisher: Government of the Union of Burma
      Format/size: pdf (48K)
      Date of entry/update: 12 December 2008


  • Administration

    • Military, Police, Jails, Fire services etc.

      • Laws, decrees, bills and regulations relating to the Military, Police, Fire services etc (commentary)

        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


      • Laws, decrees, bills, regulations and manuals relating to the Military, Police, Fire services etc. (texts)

        Websites/Multiple Documents

        Title: Manual of Rules for the Superintendence and Management of Jails in Burma
        Date of publication: 1968
        Description/subject: Full text (28MB). Also divided into smaller sections for easier downloading
        Language: English
        Source/publisher: Government of Burma
        Format/size: pdf (45K)
        Date of entry/update: 21 November 2013


        Individual Documents

        Title: People's Military Service Law (State Peace and Development Council Law No. 27/ 2010)
        Date of publication: 04 November 2010
        Description/subject: Union of Myanmar State Peace and Development Council People's Military Service Law (State Peace and Development Council Law No. 27/ 2010) B. E. 1372 12th the Waning Moon Day of ThidinGyut (November 4, 2010)
        Language: English
        Source/publisher: State Peace and Development Council
        Format/size: pdf (75K)
        Date of entry/update: 17 March 2012


        Title: The Law Repealing the National Intelligence Bureau Law - SPDC Law No, 7/2004 (English)
        Date of publication: 22 October 2004
        Language: English
        Source/publisher: State Peace and Development Council (SPDC) via The Burma Lawyers' Council
        Format/size: pdf (55K), html
        Alternate URLs: http://web.archive.org/web/20110902222829/http://www.blc-burma.org/html/Myanmar%20Law/lr_e_ml04_07....
        Date of entry/update: 10 June 2013


        Title: The Law Amending the Myanmar Police Force Maintenance of Discipline Law - SPDC Law No. 3/97 (English)
        Date of publication: 30 December 1997
        Description/subject: The State Peace and Development Council... The Law Amending the Myanmar Police Force Maintenance of Discipline Law... (The State Peace and Development Council Law No. 3/97)... The 2nd Waxing Day of Pyatho , 1359 M.E. (30th December, 1997
        Language: English
        Source/publisher: State Peace and Development Council
        Format/size: pdf (86K)
        Date of entry/update: 11 June 2013


        Title: The Fire Services Law - SLORC Law No. 1/97 (English)
        Date of publication: 10 January 1997
        Description/subject: The State Law and Order Restoration Council... The Fire Services Law... (The State Law and Order Restoration Council Law No. 1/97)... The 2nd Waxing Day of Pyatho, 1358 M.E. (10th January, 1997)
        Language: English
        Source/publisher: State Law and Order Restoration Council (SLORC)
        Format/size: pdf (80K)
        Date of entry/update: 12 June 2013


        Title: The Myanmar Police Force Maintenance of Discipline Law - SLORC Law No. 4/95 (English)
        Date of publication: 26 April 1995
        Description/subject: The State Law and Order Restoration Council... The Myanmar Police Force Maintenance of Discipline Law... The State Law and Order Restoration Council Law No. 4/95... The 12th Waning of Oo Tagu, 1357 ME (26th April, 1995)
        Language: English
        Source/publisher: State Law and Order Restoration Council (SLORC)
        Format/size: pdf (118K)
        Date of entry/update: 12 June 2013


        Title: THE BURMA POLICE MANUAL VOLUME IV
        Date of publication: 1981
        Description/subject: FIPTH EDITION (REPRINT-1981) Original edition, 1953 RANGOON
        Language: English
        Source/publisher: GOVT. PRINTING AND STATIONERY, BURMA
        Format/size: pdf (4.5MB, 13MB))
        Alternate URLs: http://www.burmalibrary.org/docs17/Police_Manual-Vol.4-red-en.pdf
        Date of entry/update: 11 March 2014


        Title: The Defence Services Rules (English, Burmese/ ျမန္မာဘာသာ )
        Date of publication: 1960
        Description/subject: Accompanies The Defence Services Act of 1959.....OBL RECOMMENDS USING A DOWNLOAD MANAGER FOR LARGE FILES LIKE THIS, AND PRINTING OR READING OFFLINE
        Language: English, Burmese/ ျမန္မာဘာသာ
        Source/publisher: Government of the Union of Burma
        Format/size: pdf (12MB)
        Date of entry/update: 19 October 2014


        Title: The Defence Services Act
        Date of publication: 1959
        Description/subject: Accompanies the Defence Services Rules of 1960.....OBL RECOMMENDS USING A DOWNLOAD MANAGER FOR LARGE FILES LIKE THIS... Firefox took 3 minutes to download this 10MB file (some pages not displayed)...Chrome took 45 seconds (all pages displayed)...A Download manager (Flashget 3) took 23 seconds to download the file to a directory for offline use.
        Language: English, Burmese/ ျမန္မာဘာသာ
        Source/publisher: Government of the Union of Burma
        Format/size: pdf (10MB)
        Date of entry/update: 18 October 2014


        Title: 1950 Emergency Provisions Act (Burmese/ ျမန္မာဘာသာ )
        Date of publication: 09 March 1950
        Language: Burmese/ ျမန္မာဘာသာ
        Source/publisher: Government of the Union of Burma via "The Burma Code" Vol. II
        Format/size: pdf (343K)
        Date of entry/update: 06 November 2014


        Title: 1950 Emergency Provisions Act (English)
        Date of publication: 09 March 1950
        Description/subject: Probably an unoffical translation
        Language: English
        Source/publisher: Government of the Union of Burma via "The Burma Code" Vol. II
        Format/size: pdf (12K)
        Date of entry/update: 06 November 2014


        Title: The Police Act, 1945
        Date of publication: 19 March 1945
        Description/subject: ‘WHEREAS it is expedient to amend and re-enact the law relating to the police in order to make it a more efficient instrument for the prevention and detection of crime; * * * 2 It is hereby enacted as follows: —
        Language: English
        Source/publisher: Government of the Union of Burma via "The Burma Code" Vol. I
        Format/size: pdf (74K)
        Date of entry/update: 22 July 2013


        Title: BURMA POLICE MANUAL VOLUME II
        Date of publication: 1940
        Description/subject: CONTAINING ORDERS AND RULES MADE FOR THE BURMA POLICE WITH THE SANCTION OF GOVERNMENT VOLUME II FIFTH EDITION, 1940
        Language: English
        Source/publisher: Govt. Printing and Stationary, Rangoon
        Format/size: pdf (9MB)
        Date of entry/update: 11 March 2014


        Title: BURMA POLICE MANUAL VOLUME 1
        Date of publication: 01 April 1894
        Description/subject: ADMINISTRATION, CRIME AND INSTRUCTIONS FOR EXECUTIVE DUTIES... 1985 edition
        Language: English
        Source/publisher: Inspector-General of Police, Burma
        Format/size: pdf (6.1MB)
        Date of entry/update: 11 March 2014


    • Environmental laws, decrees, regulations etc.

      • Laws, decrees, bills and regulations relating to the environment (commentary)

        Websites/Multiple Documents

        Title: FAO Legal Office - Legislative Studies
        Description/subject: More than 100 full-text studies from 1971 on legal issues related, directly or indirectly, to the environment. Most in English; some also in French and Spanish.
        Language: English, French, Spanish
        Source/publisher: Food and Agriculture Organisation (FAO)
        Format/size: html, pdf
        Date of entry/update: 17 May 2013


        Individual Documents

        Title: Good Governance and the Extractive Industry in Burma: Complications of Burma’s Regulatory Framework (Burmese/ ျမန္မာဘာသာ )
        Date of publication: 16 July 2013
        Description/subject: ျမန္မာႏိုင္ငံ အစိုးရအတြက္ သဘာဝ ပတ္ဝန္းက်င္ေရးရာႏွင့္ ပတ္သက္၍ လူ႔အခြင့္အေရးႏွင့္ ပတ္သက္၍ ျမန္မာႏိုင္ငံအေနျဖင့္ လမ္းေၾကာင္းမွန္ေပၚသို႔ ေျခလွမ္းလွ်က္ရွိသည္ဟု ဆိုႏိုင္ေသာ္လည္း၊ ျမန္မာအစိုးရမွာ ေကာင္းမြန္သည့္ အစိုးရအုပ္ခ်ဳပ္ေရး စနစ္ ျဖစ္ရန္ အလွမ္းေဝးေနပါေသးသည္။ ျမန္မာအစိုးရအေနျဖင့္ ၎ကိုယ္၌က သဘာဝသယံဇာတမ်ား ကာကြယ္ထိန္းသိမ္းေရးႏွင့္ ေရရွည္ တည္တံ့ေစေရးအတြက္၊ ‘ေကာင္းမြန္သည့္ အစိုးရအုပ္ခ်ဳပ္ေရးစနစ္’ လမ္းညႊန္မူမ်ားႏွင့္ ကိုက္ညီသည့္၊ ေလ်ာ္ကန္ေသာ မူဝါဒအေျခခံ မူေဘာင္တစ္ခု မခ်မွတ္ႏိုင္သမွ် ကာလပတ္လံုး၊ ႏိုင္ငံတကာ စာခ်ဳပ္စာတမ္းမ်ားႏွင့္ ေကာ္ပိုေရးရွင္းႀကီးမ်ား၏ စည္းမ်ဥ္းမ်ားက သဘာဝသယံဇာတမ်ား အေဟာသိ ကံျဖစ္ရမႈ၊ ပ်က္စီး ဆံုးရႈံးေနရမႈကို ေလွ်ာ့နည္း က်ဆင္းေစလိမ့္မည္ မဟုတ္ေပ။ ေရႊသဘာဝ ဓာတ္ေငြ႔ စီမံကိန္းသည္လည္း ဤသို႔ပတ္ဝန္းက်င္ ဆံုးရႈံးထိခိုက္ ပ်က္စီးေစမည့္ စီမံကိန္းတစ္ခု ျဖစ္ပါသည္။ ျမန္မာႏိုင္ငံ၏ ျပည္တြင္း ဥပေဒမူေဘာင္မ်ားက အထူးသျဖင့္ သဘာဝသယံဇာတ ထုတ္လုပ္သည့္လုပ္ငန္းမ်ားတြင္ ဤသို႔ ႏိုင္ငံတကာ စံခ်ိန္စံႏႈန္း မ်ားကို ျပည့္မီသည့္အခါမွသာ၊ ႏိုင္ငံတကာ ရင္းႏွီးျမႇဳပ္ႏွံမႈမ်ား ျပဳသင့္ပါသည္။ ထိုသုိ႔မဟုတ္ပါက စဥ္းစားဖြယ္ပင္ မရွိပါ။ ဤအခ်က္မွာ ရင္းႏွီးျမႇဳပ္ႏွံ သူမ်ား၊ ေကာ္ပိုေရးရွင္းႀကီးမ်ား၊ ပါဝင္ပတ္သက္ေနသည့္ အစိုးရမ်ား၊ အစိုးရမ်ား အၾကား ပူးေပါင္းေဆာင္ရြက္ေရး အသင္းအဖြဲ႔မ်ားႏွင့္ ျမန္မာအစိုးရ အေပၚ နည္းလမ္းေပါင္းစံုႏွင့္ ဖိအား သက္ေရာက္ေစသည့္ အုပ္စုမ်ားအတြက္ သတိျပဳရမည့္ ေတာင္းဆိုခ်က္ပင္ ျဖစ္ပါသည္။ ေျပာင္းလဲရန္ လိုအပ္ ေနသည့္ မူဝါဒ ဆိုင္ရာအေရးကို ဆိုင္းငံ့ဖင့္ေလးထားပါက၊ ပါဝင္ပတ္သက္ေနသည့္ အင္အားစုအားလံုးအေနျဖင့္ ေကာင္းမြန္သည့္ ကမၻာလံုးဆိုင္ရာ အုပ္ခ်ဳပ္မႈစနစ္ ျဖစ္ေပၚေစရန္ လိုအပ္ခ်က္တာဝန္မ်ားကို လ်စ္လ်ဴရႈထားသည့္ သဖြယ္ ျဖစ္ေနေစပါလိမ့္မည္။ ေအာက္ေဖာ္ျပပါ အၾကံျပဳခ်က္မ်ားကို ကုလသမဂၢ၏ အခြင့္အေရးမ်ားဆိုင္ရာ ရႈေထာင့္မွ ခ်ည္းကပ္၍ အေကာင္အထည္ေဖာ္ ေဆာင္ရြက္သင့္ပါသည္။ ၎တို႔၏ ခ်ည္းကပ္မႈအရ ‘ျပည္သူမ်ားကို သူတို႔ကိုယ္ပိုင္ ဖြံ႔ၿဖိဳးတိုးတက္ေရးအတြက္ အေရးပါသည့္ လႈပ္ရွားေဆာင္ရြက္သူမ်ားဟု အသိအမွတ္ ျပဳၾကရမည္ ျဖစ္ပါသည္။ အေထာက္အပံ့ခံ အျပဳခံမ်ားဟူ၍ မသတ္မွတ္သင့္ပါ။’
        Language: Burmese/ ျမန္မာဘာသာ
        Source/publisher: Shwe Gas Movement
        Format/size: pdf (1.1MB)
        Alternate URLs: http://burmese.shwe.org/?p=1190
        http://burmese.shwe.org/wp-content/uploads/2013/07/Gov-EI-Burm-Web-Final.pdf
        Date of entry/update: 17 July 2013


        Title: Good Governance and the Extractive Industry in Burma: Complications of Burma’s Regulatory Framework (English)
        Date of publication: 16 July 2013
        Description/subject: "...While Burma may be taking steps in the right direction, the Burmese government is still far from being one of good governance. Until the Burmese government develops its own sound policy framework to protect and sustainably develop its natural resources in a way that meets ‘good governance’ guidelines, no amount of international treaties or corporate regulation will mitigate the damage of natural resource development projects like the Shwe Gas Project. Until Burma’s internal framework meets these standards, foreign direct investment, particularly in extractive industries, should not be an option. This is a call for all investors, corporations, stakeholder governments, intergovernmental groups, and various others to utilize their means and authority to pressure the Burmese government. Pending the necessary policy changes, all parties involved may be lacking the due diligence necessary to ensure good global governance. The following recommendations should be undertaken with the UN rights based approach as a basis, in which ‘people are recognized as key actors in their own development, rather than passive recipients of commodities and services.’..."
        Language: English
        Source/publisher: Shwe Gas Movement
        Format/size: pdf (1MB-OBL version; 4.5MB-original)
        Alternate URLs: http://www.shwe.org/wp-content/uploads/2013/07/Gov-EI-Final.pdf
        Date of entry/update: 17 July 2013


        Title: Overview of Forest Law Enforcement, Governance and Trade - Baseline Study 4 - Myanmar
        Date of publication: November 2011
        Description/subject: Table of Contents:- 1. EXECUTIVE SUMMARY AND MAJOR FINDINGS … 2. HISTORICAL OVERVIEW ... 3. NATIONAL FOREST STRATEGY, POLICIES AND REGULATIONS: 3.1 The Myanmar Selection System and Annual Allowable Cut; 3.2 Forest Law and Policy ; 3.3 Forest Land Categories; 3.4 Community Forestry; 3.5 Impact of Forest Law Enforcement on Local People... 4. DEMAND: DOMESTIC DEMAND AND WOOD EXPORTS: 4.1 Domestic Demand ; 4.2 Exports ... 5. TIMBER SUPPLY: DOMESTIC PRODUCTION AND WOOD IMPORTS: 5.1 Domestic Wood Production; 5.2 Plantation Production... 6. FOREST INDUSTRY: 6.1 Myanmar Timber Enterprise; 6.2 Non-MTE Harvesting; 6.3 Medium-Sized Companies and Traders; 6.4 Value-Added Processing... 7. ILLEGAL TIMBER TRADE AND MYANMAR STANDARDS, NATIONAL CODES, TIMBER CERTIFICATION AND VERIFICATION SYSTEMS: 7.1 Illegal Timber Trade; 7.2 Progress towards Standards, National Codes, Timber Certification and Verification Systems ... 8. STAKEHOLDER ANALYSIS : 8.1 Government; 8.2 Timber Processing Industry: Private Sector and Quasi-Private Sector; 8.3 Civil Society; 8.4 Bilateral Donor Programs... BIBLIOGRAPHY... APPENDIX 1: MYANMAR TIMBER EXPORT PROCESS .
        Author/creator: Kevin Woods and Kerstin Canby
        Language: English
        Source/publisher: Forest Trends for FLEGT Asia Regional Programme
        Format/size: pdf (1.6MB-OBL version; 1.78-original)
        Alternate URLs: http://www.forest-trends.org/documents/files/doc_3159.pdf
        Date of entry/update: 02 July 2013


        Title: Environment and Law in Burma
        Date of publication: August 2001
        Description/subject: "Environmental law in Burma under the current military regime is very weak. One of the main problems is that there are no up-to-date laws that regulate pollution. There are also no regulations for environmental impact assessments to examine the harmful effects of projects. Reasonably effective environmental laws were enacted under the British. The democratic period in Burma, from 1948 to 1962, did not improve these laws. After 1962, the military junta repealed and replaced the British laws. The current legislation is too general and has never significantly provided for the protection of the environment. Unfortunately, the Burmese junta shows little concern for the environment..".
        Author/creator: Peter Gutter
        Language: English
        Source/publisher: "Legal Issues on Burma Journal" No. 9 (Burma Lawyers' Council)
        Alternate URLs: The original (and authoritative) version of this article may be found in "Legal issues of Burma Journal" No. 9 at http://www.ibiblio.org/obl/docs/Legal%20Issues%20on%20Burma%20Journal%209.pdf
        Date of entry/update: 03 June 2003


        Title: Grave Diggers: A report on Mining in Burma
        Date of publication: 14 February 2000
        Description/subject: A report on mining in Burma. The problems mining is bringing to the Burmese people, and the multinational companies involved in it. Includes an analysis of the SLORC 1994 Mining Law.... 'Grave Diggers, authored by world renowned mining environmental activist Roger Moody, was the first major review of mining in Burma since the country's military regime opened the door to foreign mining investment in 1994. Singled out for special attention in this report is the stake taken up by Canadian mining promoter Robert Friedland, whose Ivanhoe Mines has redeveloped a major copper mine in the Monywa area in joint venture enterprise with Burma's military regime. There are several useful appendices with first hand reports from mining sites throughout the country. A series of maps shows the location of the exploration concessions taken up almost exclusively by foreign companies in the rounds of bidding that took place in the nineties.
        Author/creator: Roger Moody
        Language: English
        Source/publisher: Various groups
        Format/size: pdf (1.4MB) html
        Alternate URLs: http://www.miningwatch.ca/en/grave-diggers-report-mining-burma
        http://www.miningwatch.ca/sites/miningwatch.ca/files/Grave_Diggers.pdf
        Date of entry/update: 09 September 2010


        Title: ENVIRONMENTAL LAW DEVELOPMENTS IN THE UNION OF MYANMAR
        Date of publication: 1997
        Description/subject: "...Environmental Legislation in Myanmar: Even under the old laws which were made in the days when international concern for environmental matters was less recognized than today, various laws of Myanmar contained provisions relating to the environment. There are 53 legal instruments in Myanmar. Some of these laws have been recently formulated and contain wide ranging provisions for environmental protection and conservation. However, there is still a need to modify or amend some old laws and to formulate new laws that take into account the changing economic situation in the country, the prevailing global environmental concerns as well as the international environmental conventions and agreements to which Myanmar is a party. The several significant laws are as follows:-..."
        Author/creator: Tee Tee Cho (Department of Law, Dagon University, Yangon, Myanmar)
        Language: English
        Source/publisher: Singapore Journal of International and Comparative Law (1997 1 pp 609-614)
        Format/size: pdf (41K)
        Date of entry/update: 08 May 2013


    • Land, property and planning

      • Laws, decrees, bills and regulations relating to land, property and planning (commentary)

        Websites/Multiple Documents

        Title: Burma HLP Initiative
        Date of publication: November 2009
        Description/subject: "Since its establishment in 2006, Displacement Solutions has been active in exploring the housing, land and property rights situation in Burma. The Burma HLP Initiative aims to shed new light on the numerous HLP rights issues in Burma today by building capacity for enforcing these rights by citizens of the country. The Initiative works together with various groups within and outside Burma towards these ends. The Initiative explores key questions such as: * What are the characteristics and status of the legal regime in Burma as it relates to HLP rights issues? * How effective is the current legal regime in promoting human rights standards relevant to HLP rights? What are the key issues facing the HLP rights regime in Burma? * In what ways can the legal code more effectively address HLP rights in Burma, and how might it be reformed to avoid problems in the future transition process? This will draw on the many experiences of political transition since the end of the Cold War. * How can the capacity of the Burmese democratic opposition be enhanced to structurally address the HLP legal environment in Burma today? How can expert capacity be strengthened to better prepare the broader democratic opposition to address the HLP challenges that will arise during and after political transition?..." THIS LINK CONTAINS A HYPERLINKED SET OF BURMESE HLP-RELATED LAWS
        Language: English
        Source/publisher: Displacement Solutions
        Format/size: html
        Date of entry/update: 20 October 2010


        Title: HOUSING, LAND AND PROPERTY RIGHTS IN BURMA: THE CURRENT LEGAL FRAMEWORK
        Date of publication: November 2009
        Description/subject: A compilation of all of the existing housing, land and property laws in Burma, plus commentary... "The deplorable human rights record of Burma’s military junta has been a key focus of international attention for many years. The military has ruled the country for half a century, and has presided over a collapse of the economy and of social services. At the same time, successive military regimes have perpetuated an almost feudal governance system – where the population is seen as a resource at the disposal of the rulers – that is in many respects unchanged since pre-colonial times. A combination of deliberate abuse, a general climate of impunity, and out-dated and ineffective social policies all contribute to a fundamental absence of basic human rights in this country of 55 million people. To date, the bulk of attention has focused on important questions of political prisoners, denial of basic freedoms, forced labour, forced displacement, as well as the other abuses related to the army’s brutal counter-insurgency policies. However, there are additional types of rights abuses that are not as frequently mentioned, but that have a critical impact on the daily lives of millions of people across Burma. And it is these – housing, land and property (HLP) rights – that form the contents of this important new book. This volume contains all of the existing housing, land and property laws in Burma, and makes a vital contribution to understanding the impact that these legal structures have on communities across the country. Being able to view the HLP legal code in its entirety for the first time reveals more clearly than ever before that supporters of democratic and governance reform within Burma need to better understand – and place greater emphasis on – HLP issues than they have to date. Understanding how these issues are dealt with in both law and practice will enable more creative thinking about Burma’s HLP future, in order that the peoples of the country can most fully enjoy their legitimate housing, land and property rights."
        Author/creator: Scott Leckie and Ezekiel Simperingham (eds)
        Language: English
        Source/publisher: Displacement Solutions & The HLP Institute
        Format/size: pdf (3.42MB) - 1255 pages
        Date of entry/update: 30 December 2009


        Title: Displacement Solutions
        Description/subject: NGO working on housing, land and property rights (HLP) http://mebel-it.com.ua/shkafyi/dlya-odezhdyi http://getenergy.ru/?page_id=10
        Language: English
        Source/publisher: Displacement Solutions
        Format/size: html
        Date of entry/update: 29 August 2009


        Title: Results of a google search for agribusiness burma myanmar
        Language: English
        Source/publisher: Google
        Format/size: html
        Date of entry/update: 04 September 2013


        Individual Documents

        Title: Land Acquisition and Practice in Myanmar (Table of Contents)
        Date of publication: 20 October 2014
        Description/subject: "DS has just completed a 70-page legal study examining Land Acquisition and Practice in Myanmar. Requested by the International Finance Corporation to carry out this in-depth survey based on DS’ many years working on land issues in the country, the Study minutely analyses areas of Myanmar land acquisition laws against the comparatively strong provisions found in the IFC’s Performance Standards 1 and 5, the latter of which outlines rules on Land Acquisition and Involuntary Resettlement when the IFC engages with client companies investing in locations potentially involving land acquisition measures. Given Myanmar’s lengthy and controversial practices of land acquisition – both historical and present – the Study aims to assist companies to comply in full with the far more stringent IFC standards and, in turn, ensure that investments do not lead either to arbitrary land confiscation nor to any additional violations of the rights possessed by those living on affected land. The table of contents of the report, project objectives and methodology can be found here."
        Language: English
        Source/publisher: Displacement Solutions
        Format/size: pdf (106K); html
        Alternate URLs: http://displacementsolutions.org/new-ds-study-on-land-acquisition-law-and-practice-in-myanmar-augus...
        Date of entry/update: 19 November 2014


        Title: NOT JUST DEFENDING; ADVOCATING FOR LAW IN MYANMAR
        Date of publication: June 2014
        Description/subject: "...Through research on Myanmar, we argue that in authoritarian settings where legality has drastically declined, the starting point for cause lawyering lies in advocacy for law itself, in advocating for the regular application of law’s rules. Because this characterization is liable to be misunderstood as formalistic, particularly by persons familiar with less authoritarian, more legally coherent settings than the one with which we are here concerned, it deserves some brief comments before we continue...By insisting upon legal formality as a condition of transformative justice, cause lawyers in Myanmar advocate for the inherent value of rules in the courtroom, but also incrementally build a constituency in the wider society. In advocating for faithful application of declared rules, in insisting on formal legality in the public domain, lawyers encourage people to mobilize around law as an idea, essential for making law meaningful in practice. They promote a notion of the legal system as once more an arena in which citizens can set up interests that are not congruent with those of the state; an arena in which cause lawyering is made viable and in which the cause lawyer has a distinctive role to play..." Includes description and discussion of the Kanma land-grab case.....The digitised version may contain errors so the original is included an an Alternate URL.
        Author/creator: Nick Cheesman, Kyaw Min San
        Language: English
        Source/publisher: Wisconsin International Law Journal
        Format/size: pdf (226K-digitised version; 1.6MB-original)
        Alternate URLs: http://www.burmalibrary.org/docs19/Cheesman_KMS__Not_just_defending-orig.pdf
        Date of entry/update: 17 August 2014


        Title: The politics of the emerging agro-industrial complex in Asia’s ‘final frontier’ - The war on food sovereignty in Burma
        Date of publication: 03 September 2013
        Description/subject: "Burma's dramatic turn-around from 'axis of evil' to western darling in the past year has been imagined as Asia's 'final frontier' for global finance institutions, markets and capital. Burma's agrarian landscape is home to three-fourths of the country's total population which is now being constructed as a potential prime investment sink for domestic and international agribusiness. The Global North's development aid industry and IFIs operating in Burma has consequently repositioned itself to proactively shape a pro-business legal environment to decrease political and economic risks to enable global finance capital to more securely enter Burma's markets, especially in agribusiness. But global capitalisms are made in localized places - places that make and are made from embedded social relations. This paper uncovers how regional political histories that are defined by very particular racial and geographical undertones give shape to Burma's emerging agro-industrial complex. The country's still smoldering ethnic civil war and fragile untested liberal democracy is additionally being overlain with an emerging war on food sovereignty. A discursive and material struggle over land is taking shape to convert subsistence agricultural landscapes and localized food production into modern, mechanized industrial agro-food regimes. This second agrarian transformation is being fought over between a growing alliance among the western development aid and IFI industries, global finance capital, and a solidifying Burmese military-private capitalist class against smallholder farmers who work and live on the country's now most valuable asset - land. Grassroots resistances increasingly confront the elite capitalist class' attempts to corporatize food production through the state's rule of law and police force. Farmers, meanwhile, are actively developing their own shared vision of food sovereignty and pro-poor land reform that desires greater attention.... Food Sovereignty: a critical dialogue, 14 - 15 September, New Haven.
        Author/creator: Kevin Woods
        Language: English
        Source/publisher: Transnational Institute (TNI)
        Format/size: pdf (593K)
        Date of entry/update: 04 September 2013


        Title: Bridging the HLP Gap - The Need to Effectively Address Housing, Land and Property Rights During Peace Negotiations and in the Context of Refugee/IDP Return
        Date of publication: 02 June 2013
        Description/subject: Bridging the HLP Gap - The Need to Effectively Address Housing, Land and Property Rights During Peace Negotiations and in the Context of Refugee/IDP Return: Preliminary Recommendations to the Government of Myanmar, Ethnic Actors and the International Community.....Executive Summary: "Of the many challenging issues that will require resolution within the peace processes currently underway between the government of Myanmar and various ethnic groups in the country, few will be as complex, sensitive and yet vital than the issues comprising housing, land and property (HLP) rights. Viewed in terms of the rights of the sizable internally displaced person (IDP) and refugee populations who will be affected by the eventual peace agreements, and within the broader political reform process, HLP rights will need to form a key part of all of the ongoing moves to secure a sustainable peace, and be a key ingredient within all activities dedicated to ending displacement in Myanmar today. The Government Myanmar (including the military) and its various ethnic negotiating partners – just as with all countries that have undergone deep political transition in recent decades, including those emerging from lengthy conflicts – need to fully appreciate and comprehend the nature and scale of the HLP issues that have emerged in past decades, how these have affected and continue to affect the rights and perspectives of justice of those concerned, and the measures that will be required to remedy HLP concerns in a fair and equitable manner that strengthens the foundations for permanent peace. Resolving forced displacement and the arbitrary acquisition and occupation of land, addressing the HLP and other human rights of returning refugees and IDPs in areas of return, ensuring livelihood and other economic opportunities and a range of other measures will be required if return is be sustainable and imbued with a sense of justice. There is an acute awareness among all of those involved in the ongoing peace processes of the centrality of HLP issues within the context of sustainable peace, however, all too little progress has thus far been made to address these issues in any detail, nor have practical plans commenced to resolve ongoing displacement of either refugees or IDPs. Indeed, the negotiating positions of both sides on key HLP issues differ sharply and will need to be bridged; many difficult decisions remain to be made..."
        Author/creator: Scott Leckie
        Language: English
        Source/publisher: Displacement Solutions
        Format/size: pdf (1.6MB)
        Alternate URLs: http://displacementsolutions.org
        http://displacementsolutions.org/landmark-report-launch-bridging-the-housing-land-and-property-gap-in-myanmar/
        Date of entry/update: 17 June 2013


        Title: Access Denied - Land Rights and Ethnic Conflict in Burma
        Date of publication: May 2013
        Description/subject: The reform process in Burma/Myanmar by the quasi-civilian government of President Thein Sein has raised hopes that a long overdue solution can be found to more than 60 years of devastating civil war... Burma’s ethnic minority groups have long felt marginalized and discriminated against, resulting in a large number of ethnic armed opposition groups fighting the central government – dominated by the ethnic Burman majority – for ethnic rights and autonomy. The fighting has taken place mostly in Burma’s borderlands, where ethnic minorities are most concentrated. Burma is one of the world’s most ethnically diverse countries. Ethnic minorities make up an estimated 30-40 percent of the total population, and ethnic states occupy some 57 percent of the total land area and are home to poor and often persecuted ethnic minority groups. Most of the people living in these impoverished and war-torn areas are subsistence farmers practicing upland cultivation. Economic grievances have played a central part in fuelling the civil war. While the central government has been systematically exploiting the natural resources of these areas, the money earned has not been (re)invested to benefit the local population... Conclusions and Recommendations: The new land and investment laws benefit large corporate investors and not small- holder farmers, especially in ethnic minority regions, and do not take into account land rights of ethnic communities. The new ceasefires have further facilitated land grabbing in conflict-affected areas where large development projects in resource-rich ethnic regions have already taken place. Many ethnic organisations oppose large-scale economic projects in their territories until inclusive political agreements are reached. Others reject these projects outright. Recognition of existing customary and communal tenure systems in land, water, fisheries and forests is crucial to eradicate poverty and build real peace in ethnic areas; to ensure sustainable livelihoods for marginalized ethnic communities affected by decades of war; and to facilitate the voluntary return of IDPs and refugees. Land grabbing and unsustainable business practices must halt, and decisions on the allocation, use and management of natural resources and regional development must have the participation and consent of local communities. Local communities must be protected by the government against land grabbing. The new land and investment laws should be amended and serve the needs and rights of smallholder farmers, especially in ethnic regions.
        Language: English
        Source/publisher: Transnational Institute (TNI), Burma Centre Netherlands
        Format/size: pdf (161K-OBL version; 3.22MB-original)
        Alternate URLs: http://www.tni.org/sites/www.tni.org/files/download/accesdenied-briefing11.pdf
        Date of entry/update: 14 May 2013


        Title: Land grabbing as big business in Myanmar
        Date of publication: 08 March 2013
        Description/subject: "Inadequate land laws have opened rural Myanmar to rampant land grabbing by unscrupulous, well-connected businessmen who anticipate a boom in agricultural and property investment. If unchecked, the gathering trend has the potential to undermine the country's broad reform process and impede long-term economic progress. Under the former military regime, land grabbing became a common and largely uncontested practice. Government bodies, particularly military units, were able to seize large tracts of farmland, usually without compensation. While some of the land Land grabbing as big business in Myanmar By Brian McCartan Inadequate land laws have opened rural Myanmar to rampant land grabbing by unscrupulous, well-connected businessmen who anticipate a boom in agricultural and property investment. If unchecked, the gathering trend has the potential to undermine the country's broad reform process and impede long-term economic progress. Under the former military regime, land grabbing became a common and largely uncontested practice. Government bodies, particularly military units, were able to seize large tracts of farmland, usually without compensation. While some of the land was used for the expansion of military bases, new government offices or infrastructure projects, much of it was used either by military units for their own commercial purposes or sold to private companies. The threat of military force meant there was little grass roots opposition to these land seizures and few avenues to secure adequate compensation. That's changed under the new democratic order as local communities band together to fight back against seizure of their lands. Many of the current land disputes date to the period before the 2010 general elections that ushered in President Thein Sein's reformist quasi-civilian government...Two new land laws passed on March 30, 2012 - the Farmland Law and the Vacant, Fallow, and Virgin Land Management Law - were intended to clarify ownership under the constitution and provide protections to land owners. While the laws guaranteed more individual ownership rights, to date big businesses have profited most from the legislation. The new laws created a dysfunctional and opaque system of land registration and administration that reinforced a top-down decision-making process without local participation. The absence of adequate legal and judicial recourse for the protection of land rights has further exacerbated the situation. Rather than deter land rights violations, the laws have effectively facilitated more land grabbing and manipulation of the system..."
        Author/creator: Brian McCartan
        Language: English
        Source/publisher: "Asia Times Online"
        Format/size: html
        Date of entry/update: 01 June 2013


        Title: Business and Human Rights in Burma (Myanmar) - Testimony of Marco Simons
        Date of publication: 28 February 2013
        Description/subject: Testimony of Marco Simons to the Tom Lantos Human Rights Commission: "This submission describes the emerging landscape as U.S. businesses reengage in Burma and identifies specific human rights concerns associated with current and prospective corporate activities in Burma (Myanmar). A number of companies, including General Electric, have already invested in Burma, and U.S. oil supermajors are considering participation in upcoming auctions for oil blocks. Increased foreign investment has already been linked to large-scale displacement of local communities and loss of traditional livelihoods in Burma. The legal framework for land rights is inadequate to protect the fundamental human rights of those whose homes and fields stand in the way of economic development; indeed, it facilitates arbitrary and inadequately compensated alienation of land. Moreover, violence and gross human rights abuses continue to occur in association with natural resource development projects, as at the Letpadaung Copper Mine at Monywa, and in Shan State along the Shwe Gas Pipeline corridor. Having decided that public disclosure, rather than regulation, is a more appropriate tool to address the human rights and environmental concerns associated with Western investment in Burma, the U.S. Government has proposed Reporting Requirements for Responsible Investment in Burma that are expected to take effect prior to April 2013. While they may assist government and civil society to monitor the human rights implications of the relaxation of U.S. sanctions on Burma, these Reporting Requirements have a number of troubling weaknesses that may allow serious human rights risks to avoid detection. Moreover, while the U.S. is now allowing the World Bank and the Asian Development Bank to extend loans to Burma, such projects are already being met with complaints over lack of transparency and consultation..."
        Language: English
        Source/publisher: Tom Lantos Human Rights Commission
        Format/size: pdf (4,7MB)
        Date of entry/update: 17 July 2013


        Title: Legal Review of Recently Enacted Farmland Law and Vacant, Fallow and Virgin Lands Management Law - Improving the Legal & Policy Frameworks Relating to Land Management in Myanmar
        Date of publication: November 2012
        Description/subject: "The Farmland Law and the VFV Law were approved by Parliament on March 30th, 2012. There have been a few improvements compared to previous laws such as recognition of non-rotational taungya as a legitimate land-use and recognition that farmers are using VFV lands without formal recognition by the Government. However overall the Laws lack clarity and provide weak protection of the rights of smallholder farmers in upland areas and do not explicitly state the equal rights of women to register and inherit land or be granted land-use rights for VFV land. The Laws remain designed primarily to foster promotion of large-scale agricultural investment and fail to provide adequate safeguards for the majority of farmers who are smallholders. In particular tenure security for farmland remains weak due to the Government retaining power to rescind farm land use rights leaving smallholders vulnerable to dispossession of their land-use rights. In addition there remains some unnecessary de-facto government control over the crop choices of farmers. In particular it is recommended that recognition of land-use rights under customary law and the creation of mechanisms for communal registration of land-use rights, be included in the Farmland and VFV Laws. There needs to be a comprehensive process of re-classifying land in the country to reflect land-use changes resulting from conversion of forests and VFV land into agricultural land, loss of agricultural land due to development projects, urban expansion and population growth. This will serve to reduce land conflict in the countryside and provide genuine tenure security for smallholders. Furthermore the specific and independent rights of women must be explicitly stated in the Laws. Added to this the fundamental principle of free, prior and informed consent should be enshrined, especially in regard to removal of land-use rights in the national interest. It is also necessary that the Government works in partnership with civil society and farmers associations to revise the Farmland and VFV Laws..."
        Author/creator: Robert B. Oberndorf, J. D.
        Language: English
        Source/publisher: Forest Trends, Food Security Working Group’s Land Core Group
        Format/size: pdf (236K)
        Alternate URLs: http://www.burmalibrary.org/docs15/Legal_Review_of_Farmland_Law&VFV_Land_Law.pdf
        Date of entry/update: 01 July 2013


        Title: Myanmar at the HLP Crossroads (final version)
        Date of publication: 25 October 2012
        Description/subject: Executive Summary: "Few issues are as frequently discussed and politically charged in transitional Myanmar as the state of housing, land and property (HLP) rights. The effectiveness of the laws and policies that address the fundamental and universal human need for a place to live, to raise a family, and to earn a living, is one of the primary criterion by which most people determine the quality of their lives and judge the effectiveness and legitimacy of their Governments. Housing, land and property issues undergird economic relations, and have critical implications for the ability to vote and otherwise exercise political power, for food security and for the ability to access education and health care. As the nation struggles to build greater democracy and seeks growing engagement with the outside world, Myanmar finds itself at an extraordinary juncture; in fact, it finds itself at the HLP Crossroads. The decisions the Government makes about HLP matters during the remainder of 2012 and beyond, in particular the highly controversial issue of potentially transforming State land into privately held assets, will set in place a policy direction that will have a marked impact on the future development of the country and the day-to-day circumstances in which people live. Getting it right will fundamentally and positively transform the nation from the bottom-up and help to create a nation that consciously protects the rights of all and shows the true potential of what was until very recently one of the world's most isolated nations. Getting it wrong, conversely, will delay progress, and more likely than not drag the nation's economy and levels of human rights protections downwards for decades to come. Myanmar faces an unprecedented scale of structural landlessness in rural areas, increasing displacement threats to farmers as a result of growing investment interest by both national and international firms, expanding speculation in land and real estate, and grossly inadequate housing conditions facing significant sections of both the urban and rural population. Legal and other protections afforded by the current legal framework, the new Farmland Law and other newly enacted legislation are wholly inadequate. These conditions are further compounded by a range of additional HLP challenges linked both to the various peace negotiations and armed insurgencies in the east of the country, in particular Kachin State, and the unrest in Rakhine State in the western region. The Government and people of Myanmar are thus struggling with a series of HLP challenges that require immediate, high-level and creative attention in a rights-based and consistent manner. As the country begins what will be a long and arduous journey toward democratization, the rule of law and stable new institutions, laws and procedures, the time is ripe for the Government to work together with all stakeholders active within the HLP sector to develop a unique Myanmar- centric approach to addressing HLP challenges that shows the country's true potential. And it is also time for the Government to begin to take comprehensive measures - some quick and short-term, others more gradual and long-term - to equitably and intelligently address the considerable HLP challenges the country faces, and grounding these firmly within the reform process.Having thoroughly examined the de facto and de jure HLP situation in the country based on numerous interviews, reports and visits, combined with an exhaustive review of the entire HLP legislative framework in place in the country, this report recommends that the following four general measures be commenced by the Government of Myanmar before the end of 2012 to improve the HLP prospects of Myanmar:..."
        Language: English
        Source/publisher: Displacement Solutions
        Format/size: pdf (1.4MB-OBL version; 2.55MB-original)
        Alternate URLs: http://displacementsolutions.org/files/documents/MyanmarReport.pdf
        Date of entry/update: 26 October 2012


        Title: GUIDANCE NOTE ON DEVELOPING POLICY OPTIONS FOR ADDRESSING LAND GRABBING AND SPECULATION IN MYANMAR JULY 2012
        Date of publication: July 2012
        Description/subject: "Land grabbing and speculation, which can both manifest in a multitude of forms, are unfortunate, often-inter-twined, yet common practices in countries undergoing structural political transition. If unchecked, unregulated, or unintentionally encouraged by the very governments that replace formerly authoritarian regimes, these two land realities can serve to undermine democratic reforms, entrench economic and political privilege and seriously harm the human rights prospects of those affected, in particular internationally recognised housing, land and property (HLP) rights. Land grabbing and speculation can increase inequality, harm economic prospects and create conditions where social tensions and even violence may become inevitable. Unless law and policy explicitly address the negative consequences of these practices, land grabbing and speculation can erode citizen confidence in government, reduce incomes and livelihoods and increase poverty and broad declines in a range of vital social indicators. And yet, there is nothing inevitable or inherent about the inequitable acquisition and control of ever-larger quantities of land in fewer and fewer hands. Indeed, governments wishing to protect the HLP rights of rural and urban dwellers and properly regulate the land acquisition and transfer process can succeed in reducing the prevalence of both land grabbing and speculation, improve the human rights prospects of current landholders and ultimately strengthen both democratic processes and macro-economic perspectives. It is clear that these issues are affecting Myanmar at the moment, and that it is up to the Government to take steps to address these problems in a fair, effective and equitable manner Twelve possible steps that the Government may wish to consider, include:..."
        Author/creator: Displacement Solutions
        Source/publisher: Scott Leckie
        Format/size: pdf (270K)
        Date of entry/update: 14 October 2012


        Title: Land to the Tillers of Myanmar
        Date of publication: 13 June 2012
        Description/subject: "...with increasing frequency, land is taken from farmers, often with little or no compensation. Large swathes of farmland have already been made available to foreign-based companies in a process that appears to be accelerating. Government data show that the amount of land transferred to private companies increased by as much as 900 percent from the mid-1990s to mid-2000s and now totals roughly 5 percent of Myanmar’s agricultural land... Myanmar law requires farmers to grow what the government or the local military commander wants them to grow, and subjects farmers to production quotas. Policies like these also displace farmers and lead to food insecurity, as farm productivity suffers. This can push farmers into debt by forcing them to take out loans from money lenders or sell their land in an effort to meet an unrealistic planting directive. And now two new land laws — the Farmland Bill and the Vacant, Fallow, and Virgin Land Management Bill, recently passed by the legislature and awaiting action by President Thein Sein — are poised to give the government even more power to seize land without consultation or compensation..."
        Author/creator: Roy Prosterman and Darryl Vhugen
        Source/publisher: "New York Times"
        Format/size: html
        Date of entry/update: 14 June 2012


        Title: MYANMAR AT THE H.L.P. CROSSROADS (initial version)
        Date of publication: 12 June 2012
        Description/subject: "The HLP [Housing, Land and Property]choices the nation makes in the coming months will largely determine whether this unbelievably beautiful land, and its proud and wonderful people, will face the tumult, inequities and tragic HLP outcomes of so many other nations of transition; or whether Myanmar can chart an entirely new HLP path, which ushers in a truly new HLP dawn, whereby every one of the country’s 55 million citizens can – as rapidly as possible – enjoy growing security of tenure, improving housing and living conditions, ever greater access to clean water and regular supplies of electricity, and ultimately all of the HLP rights promised to citizens everywhere under human rights law and international best practice. Indeed, we need to dream of an HLP future that unfolds into sustainable cities and towns, where historical neighbourhoods are preserved, where HLP policy begins from a pro-poor perspective where justice follows and where the nations farmer’s experience ever growing levels of HLP rights protections enabling them to restore this land’s position as the world’s rice bowl. Securing HLP rights for all and not just the few is the way to build a strong economy, a stable society and a prosperous future. There is still every chance for the people of Myanmar to get it right and pursue a wholly original, forward-looking approach to these issues. But time is passing quickly and space for re-positioning legislative and policy initiatives on HLP issues is becoming ever smaller. And the HLP challenges facing Myanmar are nothing short of immense..."
        Author/creator: Scott Leckie
        Language: English
        Source/publisher: Displacement Solutions
        Format/size: pdf (132K)
        Date of entry/update: 14 October 2012


        Title: Examination and Critique of the 2012 Farmland Law
        Date of publication: May 2012
        Description/subject: N. B. The title of this article, published in the April-May issue of "The Mon Forum", uses the term "Bill" which implies that the law has not been adopted. Elsewhere in the article, however, it is clear that the analysis is of the adopted Law... "The Farmland Law was enacted and approved by Burma Pyi Daung Su Hluttaw (Burma Union Parliament) on March 30th, 2012. According to the Farmland Law section 3 (a), “farmland means paddy land, ya land, kiang land, shifting-cultivated land (taung ya), perennial plant land, dhani (coastal) land, orchards, and alluvial land.” Under section 3 (b), “farmland means the land which is mainly for boosting agricultural production, and producing naturally growing or man-made products that can be cultivated with an irrigation system.” Analysis: Because farmland is defined as land primarily for the growth of agricultural production, it is an obstacle for the farmers to cultivate their land freely. It gives the right to cultivate agricultural crops solely for the purpose of agricultural production. [Download PDF Version of Farmland Bill in Burmese]..."
        Language: English
        Source/publisher: Human Rights Foundation of Monland (HURFOM)
        Format/size: pdf (146K)
        Date of entry/update: 12 June 2012


        Title: More warnings over land bills
        Date of publication: 26 February 2012
        Description/subject: Experts say two pieces of draft legislation have 'major gaps' that could be exploited for land grab..."Harvard academics, farmers, activists, politicians, United Nations agencies and a Nobel Prize-winning economist have joined the debate on land rights reform, warning that two proposed land laws could lead to increased poverty and inequality if approved in their current form. The Farmland Bill and Vacant, Fallow and Virgin Land Management Bill were submitted to parliament during the second session but had not been passed when the session ended in late November. Activists and land rights experts say the bills are inadequate and require further consultation, and in late 2011 quietly began campaigning to have both of the draft laws amended. With as much as two-thirds of the population relying on agriculture for their livelihoods, the issue is considered critical to efforts to alleviate poverty and promote inclusive and sustainable development..."
        Author/creator: Thomas Kean
        Language: English
        Source/publisher: "Myanmar Times" Volume 31, No. 615
        Format/size: html
        Date of entry/update: 22 June 2012


        Title: BURMA: Draft land law denies basic rights to farmers
        Date of publication: 01 November 2011
        Description/subject: A Statement by the Asian Human Rights Commission... During the second sitting of the new semi-elected parliament in Burma this year, the government submitted a draft land law. The government gazette published the draft on September 16, and it is currently still before the parliament. Burma needs a new land law. The current legislation on land, either for reasons of content or because of institutional factors, lacks coherence. It is ineffectual in protecting the rights of cultivators. With the rise and rise of private businesses linked to serving and former army officers and bureaucrats, the incidence of land grabbing also is fast increasing, and is bound to increase even more dramatically in the next few years. Although a new law would not stop or perhaps even slow land grabbing of its own accord, one protecting cultivators' rights and situating powers of review over land regulations and cases in the hands of the judiciary and independent agencies could at least set some clear benchmarks against which to measure actual practices, and establish some groundwork for minimum institutional protections. Unfortunately, the draft bill before parliament is not the law that Burma needs. In fact, it is precisely the opposite of what the country needs. Rather than protecting cultivators' rights, it undercuts them at practically every point, through a variety of provisions aimed at enabling rather than inhibiting land grabbing. It invites takeover of land with government authorization for the purpose of practically any activity, not merely for other forms of cultivation. Under the draft, farmers could be evicted to make way for the construction of polluting factories, power lines, roads and railways, pipelines, fun parks, condominiums and whatever else government officials claim to be in "the national interest"..."
        Language: English
        Source/publisher: Asian Human Rights Commission
        Format/size: pdf (105K)
        Date of entry/update: 08 November 2011


        Title: Burmese government land grab: Farmers without rights
        Date of publication: 23 May 2011
        Description/subject: "...Life for farmers and workers in Burma is growing increasingly more difficult. The minimum wage fails to provide the ‘just and favourable remuneration’ that ensures ‘an existence worthy of human dignity’ that is guaranteed by Article 23 of the Universal Declaration of Human Rights. As a result, many Burmese citizens are forced to leave their families and communities to work as migrant labourers in neighbouring countries. Further, the government’s efforts to confiscate the land of small farmers in order to profit from foreign investors has increased the vulnerability of many Burmese citizens. These actions have been taken in sharp contrast to both Burmese domestic and international laws. The government has provided no reasonable justification for their actions and, therefore, the government is acting in an illegal manner inconsistent with their responsibilities to the Burmese population."
        Author/creator: U Myo and Lane Weir
        Language: English
        Source/publisher: Mizzima.com
        Format/size: html
        Date of entry/update: 23 May 2011


        Title: Upland Land Tenure Security in Myanmar - an Overview (Burmese/ ျမန္မာဘာသာ )
        Date of publication: February 2011
        Description/subject: "This report provides an overview of issues related to upland smallholder land tenure. The immediate objective of the report is to promote a shared understanding of land tenure issues by national-level stakeholders, with a longer term objective of improving the land tenure, livelihood and food security of upland farm families. The report is intended for government and non-government agencies, policy makers and those impacted by policy. The report covers four main areas: status of and trends in upland tenure security; institutions that regulate upland tenure security; mechanisms available to ensure access to land; and points for further consideration which could lead to increased effectiveness and equity. Trends in the uplands include increased population growth, resettlement and concentration of populations, fragmentation and degradation of agricultural lands, and increased loss of land to smallholder farmers or landlessness. Declining access to land for smallholder farmers results in the depletion of common forest resources, increased unemployment, outmigration for labor, and ultimately food insecurity for the people who live in these areas..."
        Language: Burmese/ ျမန္မာဘာသာ
        Source/publisher: Food Security Working Group
        Format/size: pdf (4.3MB; 11MB)
        Date of entry/update: 25 October 2013


        Title: Upland Land Tenure Security in Myanmar, an Overview (English)
        Date of publication: February 2011
        Description/subject: "This report provides an overview of issues related to upland smallholder land tenure. The immediate objective of the report is to promote a shared understanding of land tenure issues by national-level stakeholders, with a longer term objective of improving the land tenure, livelihood and food security of upland farm families. The report is intended for government and non-government agencies, policy makers and those impacted by policy. The report covers four main areas: status of and trends in upland tenure security; institutions that regulate upland tenure security; mechanisms available to ensure access to land; and points for further consideration which could lead to increased effectiveness and equity. Trends in the uplands include increased population growth, resettlement and concentration of populations, fragmentation and degradation of agricultural lands, and increased loss of land to smallholder farmers or landlessness. Declining access to land for smallholder farmers results in the depletion of common forest resources, increased unemployment, outmigration for labor, and ultimately food insecurity for the people who live in these areas..."
        Language: English
        Source/publisher: Food Security Working Group
        Format/size: pdf (2.6MB)
        Date of entry/update: 25 October 2013


        Title: Land Tenure: A foundation for food security in Myanmar’s uplands (Burmese/ ျမန္မာဘာသာ )
        Date of publication: December 2010
        Description/subject: "Access to land for smallholder farmers is a critical foundation for food security in Myanmar's uplands. Land tenure guarantees seem to be eroding and access to land becoming more difficult in some upland areas. If this trend continues it may have negative impacts for food security and undermine environmental and economic sustainability. This briefing paper explores the relationship between land tenure and food security, as well as key institutional and other factors that influence land access and tenure for smallholder farmers in the uplands today..."
        Language: Burmese/ ျမန္မာဘာသာ
        Source/publisher: Food Security Working Group
        Format/size: pdf (489K)
        Date of entry/update: 25 October 2013


        Title: Land Tenure: A foundation for food security in Myanmar’s uplands (English)
        Date of publication: December 2010
        Description/subject: "Access to land for smallholder farmers is a critical foundation for food security in Myanmar's uplands. Land tenure guarantees seem to be eroding and access to land becoming more difficult in some upland areas. If this trend continues it may have negative impacts for food security and undermine environmental and economic sustainability. This briefing paper explores the relationship between land tenure and food security, as well as key institutional and other factors that influence land access and tenure for smallholder farmers in the uplands today."
        Language: English
        Source/publisher: Food Security Working Group
        Format/size: pdf (458K)
        Date of entry/update: 25 October 2013


        Title: Status of Customary Land Rights in Burma (Myanmar)
        Date of publication: 10 July 2010
        Language: English
        Source/publisher: World Concern, Myanmar
        Format/size: pdf
        Alternate URLs: http://www.angoc.org (Asian NGO Coalition for Agrarian Reform and Rural Development)
        Date of entry/update: 04 September 2013


        Title: Status of Customary Land Rights in Burma (Myanmar)
        Date of publication: July 2010
        Description/subject: 30 pages for projection
        Language: English
        Source/publisher: World Concern
        Format/size: pdf (651K)
        Alternate URLs: http://www.angoc.org/portal/publications/CLR/A.%20Burma%20Customary%20Land-Rights.pdf
        Date of entry/update: 25 October 2013


        Title: Guidance Note on Land Issues (Myanmar)
        Date of publication: June 2010
        Description/subject: "This note is meant to serve as a quick reference for local authorities and NGOs to acquire an understanding of relevant land laws and the context of land-use in Myanmar. All land and all natural resources in Myanmar, above and below the ground, above and beneath the water, and in the atmosphere is ultimately owned by the Union of Myanmar. Although the socialist economic system was abolished in 1988, the existing Land Law and Directions were not changed in parallel, and thus these are still in use today in accordance with the ‘Adaptation of Expression of Law’ of the State Law and Order Restoration Council Law No 8/88..."
        Language: English
        Source/publisher: UN Habitat, UNHCR
        Format/size: pdf (1.7MB)
        Date of entry/update: 12 November 2011


        Title: Confronting the absence of law
        Date of publication: 28 December 2009
        Description/subject: Dec 28, 2009 (DVB)–Few countries’ legal systems are as corrupt and opaque as Burma’s. We spoke to Scott Leckie, director of Displacement Solutions, about their new book on housing, land and property rights (HLP) in Burma.
        Language: English
        Source/publisher: Democratic Voice of Burma
        Format/size: html
        Date of entry/update: 04 January 2010


        Title: A State-run "Market Economy"
        Date of publication: November 2009
        Description/subject: Without the rule of law, there are no guarantees the economy will be free of state interference under the 2008 Constitution... "The economic aspects of Burma’s 2008 Constitution have been notably absent from the recent written analysis of its implications for Burmese society. Though constitutions are not primarily economic documents, Burma’s latest Constitution does contain clauses that have economic import, and it is worth looking at them carefully. There is an important caveat, however, and this is that a regime that consistently honors the rule of law only in the breach and has many incentives (financial and otherwise) for maintaining the status quo is unlikely to change its behavior anytime soon; therefore, the Constitution may amount to little. Regardless of whether the military abides by its Constitution, however, the document can provide insight into the thinking of its drafters..."
        Author/creator: Sean Turnell
        Language: English
        Source/publisher: "The Irrawaddy" Vol. 17, No. 8
        Format/size: html
        Alternate URLs: http://www2.irrawaddy.org/print_article.php?art_id=17134
        Date of entry/update: 28 February 2010


        Title: Housing, Land and Property Rights in Burma: Towards New Strategies
        Date of publication: April 2009
        Description/subject: "...Burma's citizens and their international friends need to move beyond the advocacy efforts relied upon during the past decades and identify new and refreshing ways of promoting positive change that starts with the people in Burma. An increasing reliance on HLP rights as a foundation for change, grounded deeply in the daily experience of their denial by the vast majority of those living in the country, and the clear range of concrete actions that can be carried out beginning today to improve the HLP situation in the country, could provide a whole new way of transforming the landscape of the country. A novel vision of Burma is required; a vision where all are adequately housed, where all have secure tenure to their land, where displacement as a policy tool is relegated to history, where basic services are enjoyed by all and where Burma's towns and cities become the bustling, modern, vibrant pride and joy of all the peoples within Burma as they go about living lives of dignity, prosperity, equality and security. HLP strategies could provide the basis for transforming this vision into reality, and the time to commence this work is now"
        Author/creator: Scott Leckie
        Language: English
        Source/publisher: Burma Lawyers' Council, ("Lawkapala" No. 32) via Displacement Solutions
        Format/size: pdf (449K)
        Date of entry/update: 29 August 2009


        Title: A Guide to Housing, Land and Property Rights in Burma
        Date of publication: 2009
        Description/subject: Table of Contents:- Introduction: I. International Human Rights Law 1. What are human rights? 2. Where do human rights come from? 3. Human rights and government duties... II. The Right to Adequate Housing 1. Housing is a Human Right 2. What is the Right to Adequate Housing? 3. The Right to Adequate Housing and the Duties of Government... III.Forced Evictions 1. Evictions and Human Rights 2. Is an eviction a violation of human rights? 3. Is the eviction absolutely necessary? 4. The Government’s Duties before, during and after eviction 5. Government duties BEFORE an eviction 6. The government’s duties DURING an eviction 7. The government’s duties AFTER an eviction... IV. Housing, Land and Property Restitution Rights 1. What is Housing, Land and Property restitution? 2. International Human Rights standards on HLP Restitution: the “Pinheiro Principles”. 3. Who does the principle of HLP Restitution apply to? 4. The right to return 5. What is the right to restitution? 6. What about people who are occupying land of displaced persons? 7. What should be done to promote the right to return and restitution?
        Language: English
        Source/publisher: Centre on Housing Rights and Evictions (COHRE)
        Format/size: pdf (712K)
        Date of entry/update: 20 October 2010


        Title: EVERYONE HAS THE RIGHT TO RETURN HOME (English, Karen, Burmese)
        Date of publication: 2008
        Description/subject: Housing rights in Burma after the cyclone... Explaining the right to return and the right to housing, land and property restitution in Burma
        Language: English, Karen, Burmese
        Source/publisher: Centre on Housing Rights and Evictions (COHRE)
        Format/size: pdf (English - 56K; Karen - 126K; Burmese - 116K)
        Alternate URLs: http://www.cohre.org/sites/default/files/burma_-_factsheet_-_everyone_has_the_right_to_return_home_...
        http://www.cohre.org/sites/default/files/burma_-_factsheet_-_everyone_has_the_right_to_return_home_...
        Date of entry/update: 20 October 2010


        Title: Displacement and Dispossession: Forced Migration and Land Rights in Burma
        Date of publication: 05 December 2007
        Description/subject: "According to COHRE's new report, 'Displacement and Dispossession: Forced Migration and Land Rights in Burma', land confiscation by Government forces is responsible for many serious housing, land and property (HLP) rights violations in Burma. These abuses occur during military counter-insurgency operations; to clear land for the construction of new army bases; to make way for infrastructure development projects; to facilitate natural resource extraction; and to cater for the vested interests of business. 'Displacement and Dispossession: Forced Migration and Land Rights in Burma' also reveals that control of land is a key strategy for the military regime, and a means of promoting the on-going expansion of the Burmese Army (Tatmadaw). In 1998, the SPDC issued a directive instructing Tatmadaw battalions to become self-sufficient in rice and other basic provisions. This prompted the Tatmadaw to 'live off the land' by appropriating resources (food, cash, labour, land) from the civilian population. This policy has exacerbated conflict and displacement across much of rural Burma. The Thai Burma Border Consortium (TBBC) and its partners estimate that during 2007, approximately 76,000 people have been newly displaced by armed conflict and associated human rights abuses. The majority of new incidents of forced migration and village destruction were concentrated in northeast Karen State and adjacent areas of Pegu Division. The total number of internally displaced persons (IDPs) in Eastern Burma in October 2007 was 503,000. These included 295,000 people in ceasefire zones, 99,000 IDPs 'in hiding' in the jungle and 109,000 in relocation sites. The estimates exclude hundreds of thousands of IDPs in other parts of Burma (especially Kachin and Shan States, and the west of the country, as well as in some parts of Karen State). Including these figures would bring the total to over a million internally displaced people. COHRE's Du Plessis said, "More than one million people have been dispossessed and are internally displaced in Burma -- not because of a natural disaster, but due to their own government's calculated and brutal actions. We have here a state monopoly which forcibly transfers property, income and assets, from rural, non-Burman ethnic nationalities to an elite, military Government. The HLP violations found in Burma today are the result of short-sighted and predatory policies that date back to the early years of Independence, and to the period of colonial rule. These problems can only be resolved through substantial and sustained change in Burma. Political transition should include improved access to a range of fundamental rights, as enshrined in international law and conventions -- including respect for HLP rights."
        Language: English
        Source/publisher: Coalition on Housing Rights and Evictions (COHRE)
        Format/size: pdf (3.21MB)
        Alternate URLs: http://www.cohre.org/news/documents/burma-displacement-and-dispossession-forced-migration-and-land-...
        Date of entry/update: 01 December 2010


        Title: Housing, Land, and Property Rights in Burma
        Date of publication: October 2004
        Description/subject: "...The main objective of this research is to examine housing, land, and property rights in the context of Burma’s societal transition towards a democratic polity and economy. Much has been written and discussed about property rights in their various manifestations, private, public, collective, and common in terms of “rights”. When property rights are widely and fairly distributed, they are inseparable from the rights of people to a means of living. Yet in the contemporary world, millions of people are denied access to the land, markets, technology, money and jobs essential to creation of livelihoods (Korten, 1998). The most significant worldwide problems of unjust property rights remain those associated with landlessness, rural poverty, and inequality (Hudson-Rodd & Nyunt, 2000)..."
        Author/creator: Nancy Hudson-Rodd
        Language: English
        Source/publisher: Edith Cowan University, Centre for Housing Rights and Evictions (COHRE)
        Format/size: pdf (741K)
        Date of entry/update: 26 February 2007


        Title: State-induced violence and poverty in Burma
        Date of publication: April 2004
        Description/subject: "...The objective of this research paper is to describe specific ways in which the State Peace and Development Council (SPDC) deprives the people of Burma of their land and livelihood. Confiscation of land, labour, crops and capital; destruction of person and property; forced labour; looting and expropriation of food and possessions; forced sale of crops to the military; extortion of money through official and unofficial taxes and levies; forced relocation and other abuses by the State..."
        Author/creator: Dr Nancy Hudson-Rodd, Dr Myo Nyunt, Saw Thamain Tun, Sein Htay
        Language: English
        Source/publisher: Edith Cowan University, National Council of Union of Burma (NCUB), Federation of Trade Unions-Burma (FTUB)
        Format/size: pdf (448K)
        Date of entry/update: 26 February 2007


        Title: The Impact of the confiscation of Land, Labor, Capital Assets and forced relocation in Burma by the military regime
        Date of publication: May 2003
        Description/subject: 1. Introduction 1; 2. Historical Context and Current Implications of the State Taking Control of People, Land and Livelihood 2; 2.1. Under the Democratically Elected Government 2; 2.1.1. The Land Nationalization Act 1953 2; 2.1.2. The Agricultural Lands Act 1953 2; 3. Under the Revolutionary Council (1962-1974) 2; 3.1. The Tenancy Act 1963 3; 3.2. The Protection of the Right of Cultivation Act, 1963 3; 4. The State Gains Further Control over the Livelihoods of Households 3; 4.1. Under the Burma Socialist Programme Party (BSPP) Rule (1974 - 1988) 3; 4.1.1 Land Policy and Institutional Reforms 3; 4.2 Under the Military Rule II - SLORC/SPDC (1988 - present) 4; 4.2.1. Keeping it Together: Agriculture, Economy, and Rural Livelihood 5; 5. Militarization of Rural Economy 8; 5.1. Land confiscation 8; 5. 2. Land reclamation 11; 5.3. Military Agricultural Projects 13; 5.4. The Fleecing of Burmese Farmers 15; 5.5. Procurement 17; 5.5.1. Other crops 20; 5.5.2. Farmers tortured in Mon State 23; 6. Forced Relocation and Disparity of Income and wealth 25; 7. Conclusion 29... APPENDICES NOT YET ACQUIRED Appendix 1. Summary Report on Human Rights Violations by SPDC and DKBA Troops in 7 Districts of KNU ( 2000 to 2002) 31; Appendix 2. Forced labor by SPDC troops on road construction from Pa-pun to Kamamaung in 2003 38; Appendix 3. Survey Questionnaires (Ward/village and Household - in Burmese) 45.
        Author/creator: Dr Nancy Hudson-Rodd, Dr Myo Nyunt, Saw Thamain Tun, Sein Htay
        Language: English
        Source/publisher: NCUB, FTUB
        Format/size: html (19K) pdf (649K, 812K, 413K)
        Alternate URLs: http://www.burmalibrary.org/docs17/land_confiscation-NHR+al-en-red.pdf
        Date of entry/update: 12 August 2003


        Title: An Overview of the recognition of Native Title in the Commonwealth of Australia
        Date of publication: April 2000
        Description/subject: "..Rights to land in Burma are bound up with issues of ethnic conflict, militarisation and lack of democratic institutions. A future democratic Burma will need to seek ways to resolve competing claims to land, taking into account such issues as traditional ownership by particular ethnic nationalities, return of displaced persons, varying religious ties to land, development imperatives and agricultural demands. The chosen method of resolution will need to address, as much as possible, the needs for certainty, efficiency and a fair hearing for those concerned. The democratic opposition and its international supporters are seeking to explore and collect ideas for the construction of effective and fair ways of dealing with the many complex legal and social issues in Burma. As part of this exploration of ideas for the future, Burma Lawyers' Council encourages articles explaining relevant issues in other countries. The following article is kindly provided by the principle legal officer of an indigenous land council in Australia. The Australian experience offers an interesting perspective on possible judicial, legislative and administrative responses to the issue of indigenous ownership of land..."
        Author/creator: D L Ritter
        Language: English
        Source/publisher: Legal Issues on Burma Journal No. 5 (Burma Lawyers' Council)
        Date of entry/update: 03 June 2003


        Title: Land as a Free Gift of Nature
        Date of publication: 1920
        Description/subject: Use Google Chrome to read online - otherwise download and read offline
        Author/creator: J. S. Furnivall
        Language: English
        Source/publisher: Cambridge University Press
        Format/size: pdf (193K)
        Date of entry/update: 17 February 2014


      • Laws, decrees, bills and regulations relating to land, property and planning (texts)
        Many of these texts were taken (with permission) from the Displacement Solutions Book: "HOUSING, LAND AND PROPERTY RIGHTS IN BURMA: THE CURRENT LEGAL FRAMEWORK" http://www.displacementsolutions.org/files/documents/Burma_HLP_book.pdf

        Websites/Multiple Documents

        Title: Burma HLP Initiative
        Date of publication: November 2009
        Description/subject: "Since its establishment in 2006, Displacement Solutions has been active in exploring the housing, land and property rights situation in Burma. The Burma HLP Initiative aims to shed new light on the numerous HLP rights issues in Burma today by building capacity for enforcing these rights by citizens of the country. The Initiative works together with various groups within and outside Burma towards these ends. The Initiative explores key questions such as: * What are the characteristics and status of the legal regime in Burma as it relates to HLP rights issues? * How effective is the current legal regime in promoting human rights standards relevant to HLP rights? What are the key issues facing the HLP rights regime in Burma? * In what ways can the legal code more effectively address HLP rights in Burma, and how might it be reformed to avoid problems in the future transition process? This will draw on the many experiences of political transition since the end of the Cold War. * How can the capacity of the Burmese democratic opposition be enhanced to structurally address the HLP legal environment in Burma today? How can expert capacity be strengthened to better prepare the broader democratic opposition to address the HLP challenges that will arise during and after political transition?..." THIS LINK CONTAINS A HYPERLINKED SET OF BURMESE HLP-RELATED LAWS
        Language: English
        Source/publisher: Displacement Solutions
        Format/size: html
        Date of entry/update: 20 October 2010


        Title: HOUSING, LAND AND PROPERTY RIGHTS IN BURMA: THE CURRENT LEGAL FRAMEWORK
        Date of publication: November 2009
        Description/subject: A compilation of all of the existing housing, land and property laws in Burma, plus commentary... "The deplorable human rights record of Burma’s military junta has been a key focus of international attention for many years. The military has ruled the country for half a century, and has presided over a collapse of the economy and of social services. At the same time, successive military regimes have perpetuated an almost feudal governance system – where the population is seen as a resource at the disposal of the rulers – that is in many respects unchanged since pre-colonial times. A combination of deliberate abuse, a general climate of impunity, and out-dated and ineffective social policies all contribute to a fundamental absence of basic human rights in this country of 55 million people. To date, the bulk of attention has focused on important questions of political prisoners, denial of basic freedoms, forced labour, forced displacement, as well as the other abuses related to the army’s brutal counter-insurgency policies. However, there are additional types of rights abuses that are not as frequently mentioned, but that have a critical impact on the daily lives of millions of people across Burma. And it is these – housing, land and property (HLP) rights – that form the contents of this important new book. This volume contains all of the existing housing, land and property laws in Burma, and makes a vital contribution to understanding the impact that these legal structures have on communities across the country. Being able to view the HLP legal code in its entirety for the first time reveals more clearly than ever before that supporters of democratic and governance reform within Burma need to better understand – and place greater emphasis on – HLP issues than they have to date. Understanding how these issues are dealt with in both law and practice will enable more creative thinking about Burma’s HLP future, in order that the peoples of the country can most fully enjoy their legitimate housing, land and property rights."
        Author/creator: Scott Leckie and Ezekiel Simperingham (eds)
        Language: English
        Source/publisher: Displacement Solutions & The HLP Institute
        Format/size: pdf (3.42MB) - 1255 pages
        Date of entry/update: 30 December 2009


        Individual Documents

        Title: Farmland Rules - Notification No 62/2012 (English)
        Date of publication: 31 August 2012
        Description/subject: Notification No 62/2012 - 14 Waxing Wagaung 1374 ME (31, August, 2012) - Designating the Date of Coming into Force of Farm Land Law...The Ministry of Agriculture and Irrigation promulgated the following rules by using the power vested by the section-42, sub-section (a) of farm land law with the approval of Pyidaungsu Government.... 1. These rules shall be called farm land rules. 2. The words and expressions contained in these rules shall mean as contained in Farm Land Law. And the following words shall mean as described..."
        Language: English
        Source/publisher: The Republic of the Union of Myanmar President Office
        Format/size: pdf (159K)
        Date of entry/update: 14 January 2013


        Title: Farmland Rules - Notification No. 62/2012 ၂၀၁၂ ခုႏွစ္၊ ျပည္ေထာင္စုလႊတ္ေတာ္ ဥပေဒအမွတ္ ၆၂) ျမန္မာႏိုင္ငံ လယ္ယာစိုက္ပ်ိဳ
        Date of publication: 31 August 2012
        Language: Burmese/ ျမန္မာဘာသာ
        Source/publisher: Myanmar Ministry of Agriculture and Irrigation
        Format/size: pdf (189K-OBL version; 213K-original)
        Alternate URLs: http://myanmarpoliceforce.org/images/pdf/35.pdf
        Date of entry/update: 02 June 2013


        Title: Law Amending 1955 Government Housing (Expelling) Act - Pyidaungsu Hluttaw Law No. 16/2012 (၂၀၁၂ ခုႏွစ္ ျပည္ေထာင္စု လႊတ္ေတာ္ ဥပေဒ အမွတ္ ၁၆။)၁၉၅၅ ခုႏွစ္၊
        Date of publication: 31 August 2012
        Description/subject: 1955 Government Housing
        Language: Burmese/ ျမန္မာဘာသာ
        Source/publisher: "The Mirror" ("Kyemon") ေၾကးမံု 2 September 2012
        Format/size: pdf (63K,"Kyemon"; 114K)
        Alternate URLs: http://www.burmalibrary.org/docs16/2012-08-31-Pyidaungsu_Hluttaw_Law16-bu.pdf
        Date of entry/update: 08 September 2012


        Title: Vacant, Fallow and Virgin Lands Management Rules - Notification No. 1/2012 (English)
        Date of publication: 31 August 2012
        Description/subject: The Ministry of Agriculture and Irrigation, exercising its given rights, and with the approval of the Union Government, has issued the following rules in accordance with Section 34, Subsection (a) of the Vacant, Fallow and Virgin Lands Management Law - 1. These rules shall be called the Vacant, Fallow and Virgin Lands Management Rules. 2. The terms and expressions used in these rules shall have the same meaning as used in the Vacant, Fallow and Virgin Lands Management Law. In addition, the following expressions shall have the meanings as stated below:
        Language: English
        Source/publisher: The Republic of the Union of Myanmar Ministry of Agriculture and Irrigation (Unofficial Translation by UN-Habitat)
        Format/size: pdf (295K)
        Date of entry/update: 14 January 2013


        Title: Bill Amending the Transfer of Immoveable Property Act / ပစၥည္း လႊဲေျပာင္းျခင္း အက္ဥပေဒကို ျပင္ဆင္သည့္ ဥပေဒၾကမ္း (Burmese)
        Date of publication: 09 July 2012
        Language: Burmese/ ျမန္မာဘာသာ
        Source/publisher: "Myanmar Alin"
        Format/size: pdf (91K)
        Date of entry/update: 22 September 2012


        Title: Environment Conservation Law - Pyidaungsu Hluttaw Law No. 9/2012 (English)
        Date of publication: 30 March 2012
        Language: English
        Source/publisher: Pyidaungsu Hluttaw
        Format/size: pdf (58K)
        Date of entry/update: 22 June 2013


        Title: Environment Conservation Law - Pyidaungsu Hluttaw Law No. 9/2012 /ပတ္ဝန္းက်င္ထိန္းသိမ္းေရးဥပေဒ (၂ဝ၁၂ ခုႏွစ္၊ ျပည္ေထာင္စုလႊတ္ေတာ္ဥပေ
        Date of publication: 30 March 2012
        Language: Burmese/ ျမန္မာဘာသာ
        Source/publisher: Pyidaungsu Hluttaw Law, "The Mirror" ("Kyemon") ေၾကးမံု 1 April 2012
        Format/size: pdf (56K, 205K)
        Alternate URLs: http://www.burmalibrary.org/KN/9_2012_Enveronment_Conservation_Law_Mirror2012-04-01.pdf
        Date of entry/update: 29 April 2012


        Title: Farmland Act - Pyidaungsu Hluttaw Law No. 11/2012 (English)
        Date of publication: 30 March 2012
        Description/subject: Farmland Act (Pyidaungsu Hluttaw Law No.ll of 2012) Day of 8th Waxing of Tagu 1373 ME (30th March, 2012).....The translation has some notable shortcomings...
        Language: English
        Source/publisher: Government of the Republic of the Union of Myanmar (GRUM) via UN Habitat
        Format/size: pdf (62K)
        Date of entry/update: 14 May 2013


        Title: Farmland Act - Pyidaungsu Hluttaw Law No. 11/2012 / ၂၀၁၂ ခုႏွစ္၊ ျပည္ေထာင္စု လႊတ္ေတာ္ ဥပေဒ အမွတ္ ၁၁လယ္ယာေျမ ဥပေဒ (၂၀၁၂ ခုႏွစ္ မ
        Date of publication: 30 March 2012
        Description/subject: agrarian
        Language: Burmese/ ျမန္မာဘာသာ
        Source/publisher: "The Mirror" ("Kyemon") ေၾကးမံု 3 April 2012
        Format/size: pdf (44K, 143K-"Mirror" version; 125K, Alternate URL))
        Alternate URLs: http://www.burmalibrary.org/docs13/Farmland_Act%28bu%29.pdf
        http://www.burmalibrary.org/KN/30.3.12_Farmland_law-red.pdf
        Date of entry/update: 05 April 2012


        Title: Vacant, Fallow and Virgin Land Management Act - Pyidaungsu Hluttaw Law No. 10/2012 (၂၀၁၂ ခုႏွစ္ ျပည္ေထာင္စုလႊတ္ေတာ္ ဥပေဒအမွတ္ (၁၀) မလြတ္၊ ေျမလပ္ႏွ
        Date of publication: 30 March 2012
        Description/subject: Vacant, Fallow and Virgin Land Management
        Language: Burmese/ ျမန္မာဘာသာ
        Source/publisher: "The Mirror" ("Kyemon") ေၾကးမံု 2 April 2012
        Format/size: pdf (86K)
        Alternate URLs: http://www.burmalibrary.org/docs13/Vacant_Fallow_and_Virgin_Land_Management_Act%28bu%29.pdf
        Date of entry/update: 02 April 2012


        Title: Vacant, Fallow and Virgin Land Management Act - Pyidaungsu Hluttaw Law No. 10/2012 (English)
        Date of publication: 30 March 2012
        Description/subject: Unofficial translation by UN-Habitat
        Language: English
        Source/publisher: Pyidaungsu Hluttaw
        Format/size: pdf (292K)
        Date of entry/update: 17 June 2012


        Title: Ward and Village Administration Amending Act -Pyidaungsu Hluttaw Law No. 7/2012 (၂၀၁၂ ခုႏွစ္ျပည္ေထာင္စုလႊတ္ေတာ္ ဥပေဒအမွတ္ (၇) ရပ္ကြက္ သို့မဟုတ္
        Date of publication: 30 March 2012
        Description/subject: Ward and Village Administration Amending
        Language: Burmese/ ျမန္မာဘာသာ
        Source/publisher: "Myanmar Alin" 30. 3. 2012 ျမန္မာ့အလင္းသတင္းစာ
        Format/size: pdf (191K)
        Alternate URLs: http://www.burmalibrary.org/KN/7_2012_Ward_and_Village_Administration_Amending_Act_Mirror2012-03-30...
        Date of entry/update: 29 April 2012


        Title: Environment Conservation Law - Pyidaungsu Hluttaw Law No. 9/2012 (English and Burmese)
        Date of publication: 20 March 2012
        Description/subject: Adopted 20 March 2012, published 1 April 2012....."The objectives of this Law are as follows: (a) to enable to implement the Myanmar National Environmental Policy; (b) to enable to lay down the basic principles and give guidance for systematic integration of the matters of environmental conservation in the sustainable development process; (c) to enable to emerge a healthy and clean environment and to enable to conserve natural and cultural heritage for the benefit of present and future generations; (d) to reclaim ecosystems as may be possible which are starting to degenerate and disappear; (e) to enable to manage and implement for decrease and loss of natural resources and for enabling the sustainable use beneficially; (f) to enable to implement for promoting public awareness and cooperation in educational programmes for dissemination of environmental perception; (g) to enable to promote international, regional and bilateral cooperation in the matters of environmental conservation; (h) to enable to cooperate with Government departments, Government organizations, international organizations, non-government organizations and individuals in matters of environmental conservation..."
        Language: English, Burmese/ ျမန္မာဘာသာ
        Source/publisher: Pyidaungsu Hluttaw
        Format/size: pdf (58K-English; 215K-Burmese)
        Alternate URLs: http://www.burmalibrary.org/docs13/Environment_Conservation_Act-bu.pdf
        Date of entry/update: 17 May 2013


        Title: Ward or Village Administration Law - Pyidaungsu Hluttaw Law No. 1/2012 (English
        Date of publication: 24 February 2012
        Description/subject: Date of adoption, 24 February 2012. Date of publication 25 February...We are not 100% sure if this English version is of the adopted law or if there were amendments...this version is a bit blurry with Firefox. Try Chrome or IE.
        Language: English
        Source/publisher: Pyidaungsu Hluttaw
        Format/size: pdf (602K)
        Date of entry/update: 16 May 2013


        Title: 2011 Farmland Bill
        Date of publication: 20 September 2011
        Description/subject: The Draft land law
        Language: English
        Source/publisher: Hluttaws
        Format/size: pdf (34K)
        Date of entry/update: 10 January 2012


        Title: THE LAW AMENDING THE TRANSFER OF IMMOVEABLE PROPERTY RESTRICTION LAW (2005)
        Date of publication: 13 January 2005
        Description/subject: (State Peace and Development Council Law No. 1/2005) The 4th Waxing Day of Pyatho, 1366 M.E (13th January, 2005)
        Language: English
        Source/publisher: State Peace and Development Council
        Format/size: pdf (61K)
        Date of entry/update: 25 May 2011


        Title: The City of Mandalay Development Law - SPDC Law No. 8/2002 (English)
        Date of publication: 14 November 2002
        Language: English
        Source/publisher: State Peace and Development Council (SPDC) via The Burma Lawyers' Council
        Format/size: pdf (72K)
        Alternate URLs: http://web.archive.org/web/20110902222803/http://www.blc-burma.org/html/Myanmar%20Law/lr_e_ml02_08....
        Date of entry/update: 11 June 2013


        Title: PROCEDURES CONFERRING THE RIGHT TO CULTIVATE LAND/RIGHT TO UTILIZE LAND FOR AGRICULTURAL AND LIVESTOCK BREEDING PURPOSES (AMENDMENT) (1998)
        Date of publication: 28 September 1998
        Description/subject: THE GOVERNMENT OF THE UNION OF MYANMAR - THE CENTRAL COMMITTEEE FOR THE MANAGEMENT OF CULTURABLE LAND, FALLOW LAND AND WASTE LAND - NOTIFICATION NO 1/98 - Yangon, Thw Waxing Day of Thadingyut, 1360 ME - (28th September 1998)
        Language: English
        Source/publisher: State Peace and Development Council (SPDC)
        Format/size: pdf (57K)
        Date of entry/update: 25 May 2011


        Title: CITY OF YANGON DEVELOPMENT (AMENDMENT) LAW (1996)
        Date of publication: 25 January 1996
        Description/subject: The State Law and Order Restoration Council Law No. 1/96 - The 6th Waxing Day of Tabodwe, 1357 M.E.- 25 January 1996
        Language: English
        Source/publisher: State Law and Order Restoration Council
        Format/size: pdf (62K)
        Date of entry/update: 25 May 2011


        Title: THE CITY OF YANGON DEVELOPMENT (AMENDMENT) LAW (1995)
        Date of publication: 04 May 1995
        Description/subject: The State Law and Order Restoration Council Law No. 5/95 - The 6th Waxing of Kason, 1357 ME. - 4 May 1995
        Language: English
        Source/publisher: State Law and Order Restoration Council
        Format/size: pdf (64K)
        Date of entry/update: 25 May 2011


        Title: The Narcotic Drugs and Psychotropic Substances Law - SLORC Law No.1/93 (English)
        Date of publication: 27 January 1993
        Description/subject: The State Law and Order Restoration Council - The Narcotic Drugs and Psychotropic Substances Law - (The State Law and Order Restoration Council Law No.1/93) - The 5th Waxing Day of Tabodwe, 1354 ME. - 27th January, 1993
        Language: English
        Source/publisher: State Law and Order Restoration Council (SLORC)
        Format/size: pdf (96K); html
        Alternate URLs: http://www.ibiblio.org/obl/docs/Narcotic_Drugs_Act.htm
        Date of entry/update: 25 May 2011


        Title: THE FOREST LAW (1992)
        Date of publication: 03 November 1992
        Description/subject: The State Law and Order Restoration Council Law No. 8/92 - The 9th Waning Day of Tazaungmon, 1354 M.E. - 3 November 1992
        Language: English
        Source/publisher: State Law and Order Restoration Council (SLORC)
        Format/size: pdf (102K)
        Date of entry/update: 25 May 2011


        Title: THE LAW FOR THE REPEAL OF LAWS (1992)
        Date of publication: 19 February 1992
        Description/subject: The State Law and Order Restoration Council Law No. 1/92 - The 1st Waning Day of Tabodwe, 1353 ME - 19 February 1992 - "Whereas it is expedient to provide for the repeal of certain laws from among existing laws, which on scrutiny have been found to be no longer in conformity with the changing circumstances, laws which have not been in use for a very long time and laws for which there are no reasons for use in future, the State Law and Order Restoration Council hereby enacts this Law..." [137 laws repealed]
        Language: English
        Source/publisher: State Law and Order Restoration Council (SLORC)
        Format/size: pdf (74K)
        Date of entry/update: 25 May 2011


        Title: PROCEDURES CONFERRING THE RIGHT TO CULTIVATE LAND/ RIGHT TO UTILIZE LAND (1991) - Central Committee for the Management of Culturable Land, Fallow Land and Waste Land Notification No.1/91 (English)
        Date of publication: 12 December 1991
        Description/subject: The Government of the Union of Myanmar - The Central Committee for the Management of Culturable Land, Fallow Land and waste Land - Notification No. 1/91 - 6th waxing Day of Nadaw, 1353 M.E - (12th December, 1991)
        Language: English
        Source/publisher: State Law and Order Restoration Council
        Format/size: pdf (62K)
        Date of entry/update: 25 May 2011


        Title: DUTIES AND RIGHTS OF THE CENTRAL COMMITTEE FOR THE MANAGEMENT OF CULTURABLE LAND, FALLOW LAND AND WASTE LAND (1991)
        Date of publication: 13 November 1991
        Description/subject: The Union of Myanmar - The State Law and Order Restoration Council - Notification No. 44/91 - 7th Waxing Day of Tazaungmon, 1353 M.E. - (13th November, 1991)
        Language: English
        Source/publisher: State Law and Order Restoration Council
        Format/size: pdf (56K)
        Date of entry/update: 25 May 2011


        Title: THE LAW AMENDING THE CITY OF YANGON MUNICIPAL ACT (1991)
        Date of publication: 22 April 1991
        Description/subject: The State Law and Order Restoration Council Law No.8/91 The 10th Waxing Day of Kason, 1353 M.E. 22 April 1991
        Language: English
        Source/publisher: State Law and Order Restoration Council
        Format/size: pdf (70K)
        Date of entry/update: 25 May 2011


        Title: The City of Yangon Development Law - SLORC Law No. 11/90 (English)
        Date of publication: 14 May 1990
        Description/subject: The State Law and Order Restoration Council - The City of Yangon Development Law - (The State Law and Order Restoration Council Law No. 11/90) - The 6th Waning Day of Kason, 1352 M.E. (14th May, 1990)
        Language: English
        Source/publisher: State Law and Order Restoration Council (SLORC) via The Burma Lawyers' Council
        Format/size: pdf (69K)
        Date of entry/update: 25 May 2011


        Title: The Law Amending the Electricity Law - SLORC Law No. 3/90 (English)
        Date of publication: 07 March 1990
        Description/subject: The State Law and Order Restoration Council - The Law Amending the Electricity Law - (The State Law and Order Restoration council Law No. 3/90) - The 12th Waxing Day of Tabaung, 1351 M.E. (7th March, 1990)
        Language: English
        Source/publisher: State Law and Order Restoration Council (SLORC) via The Burma Lawyers' Council
        Format/size: pdf (54K, 63K)
        Alternate URLs: http://www.burmalibrary.org/docs11/Electricity-Amendment-Law-1990.pdf
        Date of entry/update: 25 May 2011


        Title: Procedures relating to the Union of Myanmar Foreign Investment Law - SLORC Notification No. 11/88 (English)
        Date of publication: 07 December 1988
        Description/subject: This document includes the forms used in the procedure...Procedures relating to the Union of Myanmar Foreign Investment Law - The Government of the Union of Myanmar Notification No. 11/88 - The 14th waning day of Tazaungmon, I350 B.E (7 December 1988)
        Language: English
        Source/publisher: State Law and Order Restoration Council (SLORC)
        Format/size: pdf (421K)
        Date of entry/update: 16 June 2013


        Title: THE UNION OF MYANMAR FOREIGN INVESTMENT LAW (1988)
        Date of publication: 30 November 1988
        Description/subject: The 7th waning day of Tazaungmon, 1350 B.E. (30th November, 1988).....Repealed by the Foreign Investment Law of 2 November 2012, The Pyidaungsu Hluttaw Law No. 21/2012.
        Language: English
        Source/publisher: State Law and Order Restoration Council
        Format/size: pdf (90K)
        Date of entry/update: 25 May 2011


        Title: TRANSFER OF IMMOVEABLE PROPERTY RESTRICTION ACT (1987)
        Date of publication: 1987
        Description/subject: Pyithu Hluttaw Act 1, 1987
        Language: English
        Source/publisher: Union of the Socialist Republic of Burma
        Format/size: pdf (63K)
        Date of entry/update: 25 May 2011


        Title: The 1963 Tenancy Law & the 1965 Amendment (English and Burmese)
        Date of publication: 1965
        Description/subject: Renting Land for Cultivation Law The Union of Burma Revolutionary Council Law 8, 1963 [Reprint 1963]....THE TENANCY LAW AMENDING LAW, 1965. (THE UNION OF BURMA REVOLUTIONARY COUNCIL LAW NO. 2 OF 1965)
        Language: English, Burmese
        Source/publisher: Union of Burma Revolutionary Council
        Format/size: pdf (1MB)
        Date of entry/update: 25 May 2011


        Title: THE TENANCY LAW AMENDING LAW, 1965.
        Date of publication: 1965
        Description/subject: (THE UNION OF BURMA REVOLUTIONARY COUNCIL LAW NO. 2 OF 1965)
        Language: English
        Source/publisher: Union of Burma Revolutionary Council
        Format/size: pdf (50K)
        Date of entry/update: 25 May 2011


        Title: THE LAW SAFEGUARDING PEASANT RIGHTS, 1963.
        Date of publication: 1963
        Description/subject: (THE UNION OF BURMA REVOLUTIONARY COUNCIL LAW NO. 9 OF 1963).....Repealed by the Farmland Act - Pyidaungsu Hluttaw Law No. 11/2012
        Language: English
        Source/publisher: Union of Burma Revolutionary Council
        Format/size: pdf (50K)
        Date of entry/update: 25 May 2011


        Title: THE TENANCY LAW (1963)
        Date of publication: 1963
        Description/subject: Renting Land for Cultivation Law... The Union of Burma Revolutionary Council Law 8, 1963
        Language: English
        Source/publisher: Union of Burma Revolutionary Council
        Format/size: pdf (56K)
        Date of entry/update: 25 May 2011


        Title: THE VILLAGE (AMENDMENT) ACT (1961)
        Date of publication: 02 October 1961
        Description/subject: ACT No. XXXIV OF 1961 The 2nd October 1961
        Language: English
        Source/publisher: Government of the Union of Burma
        Format/size: pdf (42K)
        Alternate URLs: http://displacementsolutions.org/?page_id=197 http://displacementsolutions.org/?p=20
        Date of entry/update: 25 May 2011


        Title: THE CITY OF YANGON MUNICIPAL (AMENDMENT) ACT (1961)
        Date of publication: 17 March 1961
        Description/subject: ACT NO. 1 OF 1961 THE 17th MARCH 1961
        Language: English
        Source/publisher: Government of the Union of Burma
        Format/size: pdf (49K)
        Date of entry/update: 25 May 2011


        Title: 1960 Urban Rent Control Act (1960, Act No.8)
        Date of publication: 1960
        Description/subject: This text also includes the 1960 Urban Rent Control (Amendment) Act (1960 Act Number 20)and the 1961 Urban Rent Control (Amendment) Act (1961 Act number 31)
        Language: English
        Source/publisher: Government of the Union of Burma
        Format/size: pdf (98K)
        Date of entry/update: 25 May 2011


        Title: THE CITY OF RANGOON MUNICIPAL (AMENDMENT) ACT (1960)
        Date of publication: 1960
        Description/subject: ACT No. XXXI OF I960
        Language: English
        Source/publisher: Government of the Union of Burma
        Format/size: pdf (73K)
        Date of entry/update: 25 May 2011


        Title: URBAN RENT CONTROL (AMENDMENT) ACT (1960)
        Date of publication: 1960
        Description/subject: Act No. 20, 1960
        Language: English
        Source/publisher: Government of the Union of Burma
        Format/size: pdf (101K)
        Date of entry/update: 25 May 2011


        Title: THE CITY OF YANGON MUNICIPAL (AMENDMENT) ACT (1958)
        Date of publication: 24 March 1958
        Description/subject: Act No. XVII OF 1958 The 24th March 1958
        Language: English
        Source/publisher: Government of the Union of Burma
        Format/size: pdf (66K)
        Date of entry/update: 25 May 2011


        Title: THE CITY OF RANGOON MUNICIPAL (AMENDMENT) ACT (1955)
        Date of publication: 1955
        Description/subject: Act No XLI 1955
        Language: English
        Source/publisher: Government of the Union of Burma
        Format/size: pdf (31K)
        Date of entry/update: 25 May 2011


        Title: THE VILLAGE (AMENDMENT) ACT (1955)
        Date of publication: 1955
        Description/subject: Act No XXV 1955
        Language: English
        Source/publisher: Government of the Union of Burma
        Format/size: pdf (29K)
        Alternate URLs: http://displacementsolutions.org/?page_id=197 http://displacementsolutions.org/?p=20
        Date of entry/update: 25 May 2011


        Title: Land Nationalization Act of 1953 (Burmese)
        Date of publication: 26 October 1953
        Description/subject: Repealed by the Farmland Act - Pyidaungsu Hluttaw Law No. 11/2012.....Replaced the Land Nationalization Act of 1948
        Language: Burmese/ ျမန္မာဘာသာ
        Source/publisher: Government of the Union of Burma
        Format/size: pdf (873K)
        Date of entry/update: 26 March 2011


        Title: The Land Nationalization Act of 1953 (English)
        Date of publication: 26 October 1953
        Description/subject: Repealed by the Farmland Act - Pyidaungsu Hluttaw Law No. 11/2012..... Appended with ACT NO. 75 of 1953 (October 26, 1953), Amendment ACT NO. 22 of 1954 (March 30, 1954), Amendment ACT NO. 54 of 1955 (October 19, 1955), Amendment ACT NO. 49 of 1957 (October 16, 1957)
        Language: English
        Source/publisher: Government of the Union of Burma
        Format/size: pdf (188K)
        Date of entry/update: 25 May 2011


        Title: Land Nationalization Act of 1948
        Date of publication: 1948
        Description/subject: No longer in force -- Replaced by the Land Nationalization Act of 1953 which in turn was replaced by the Farmland Law of 2012 - Pyidaungsu Hluttaw Law No. 11/2012
        Language: English
        Source/publisher: Government of the Union of Burma
        Format/size: pdf (94K)
        Date of entry/update: 14 August 2009


        Title: THE PUBLIC PROPERTY PROTECTION ACT (1947)
        Date of publication: 24 December 1947
        Description/subject: BURMA ACT LXXXIII, 1947] (24th December 1947)
        Language: English
        Source/publisher: Government of the Union of Burma
        Format/size: pdf (91K)
        Date of entry/update: 25 May 2011


        Title: THE TOWNS (AMENDMENT) ACT (1947)
        Date of publication: 08 November 1947
        Description/subject: Burma Act No LXVI 8 November 1947
        Language: English
        Source/publisher: Government of the Union of Burma
        Format/size: pdf (33K)
        Alternate URLs: http://displacementsolutions.org/?page_id=197 http://displacementsolutions.org/?p=20
        Date of entry/update: 25 May 2011


        Title: THE REQUISITIONING (EMERGENCY PROVISIONS) ACT (1947)
        Date of publication: 28 July 1947
        Description/subject: [BURMA ACT XXXVIII, 1947] (28th July, 1947)..... "WHEREAS it is expedient to make provisions for requisitioning lands and premises in certain respects; * * * * It is hereby enacted as follows : — ..."
        Language: English
        Source/publisher: Government of the Union of Burma
        Format/size: pdf (85K)
        Date of entry/update: 25 May 2011


        Title: THE CUSTODIAN OF MOVABLE PROPERTY ACT (1945)
        Date of publication: 01 November 1945
        Description/subject: BURMA Act X, 1945 1st November, 1945..... "WHEREAS it is expedient to make legislative provision for the recovery and return to the owners of movable property of which the owners have been deprived of possession by circumstances arising out of the war and for the appointment of Custodians of such property ; * * * * It is hereby enacted as follows: -..."
        Language: English
        Source/publisher: Government of the Union of Burma
        Format/size: pdf (64K)
        Date of entry/update: 25 May 2011


        Title: The Hindu Gains of Learning Act (1930)
        Date of publication: 25 July 1930
        Description/subject: India Act XXX, 1930 25th July, 1930..... "Whereas it is expedient to remove doubt, and to provide an uniform rule, as to the rights of a member of a Hindu undivided family in property acquiredby him by means of his learning ; It is hereby enacted as follow:-..."
        Language: English
        Source/publisher: Government of the Union of Burma
        Format/size: pdf (51K)
        Date of entry/update: 25 May 2011


        Title: The Hindu Law of Inheritance Amendment Act (1929)
        Date of publication: 21 February 1929
        Description/subject: INDIA Act II, 1929 21st February, 1929... "Whereas it is expedient to alter the order in which certain heirs of a Hindu male dying intestate are entitled to succeed to his estate ; It is hereby enacted as follows:-..."
        Language: English
        Source/publisher: Government of the Union of Burma
        Format/size: pdf (47K)
        Date of entry/update: 25 May 2011


        Title: THE HINDU INHERITANCE (REMOVAL OF DISABILITIES) ACT (1928)
        Date of publication: 20 September 1928
        Description/subject: India Act XII 1928 20th September, 1928... "Whereas it is expedient to amend the Hindu Law relating to exclusion from inheritance of certain classes of heirs, and to remove certain doubts; It is hereby enacted as follows:-..."
        Language: English
        Source/publisher: Government of the Union of Burma
        Format/size: pdf (45K)
        Date of entry/update: 25 May 2011


        Title: THE WATER POWER ACT (1927)
        Date of publication: 29 October 1927
        Description/subject: BURMA ACT XI, 1927 29th October, 1927
        Language: English
        Source/publisher: Government of the Union of Burma
        Format/size: pdf (58K)
        Date of entry/update: 25 May 2011


        Title: THE CANTONMENTS (HOUSE ACCOMMODATION) ACT (1923)
        Date of publication: 01 April 1923
        Description/subject: INDIA ACT VI 1923 1st April 1923
        Language: English
        Source/publisher: Government of the Union of Burma
        Format/size: pdf (77K)
        Date of entry/update: 25 May 2011


        Title: THE CITY OF RANGOON MUNICIPAL ACT (1922)
        Date of publication: 22 August 1922
        Description/subject: [Burma Act VI, 1922] [1 August, 1922]....."...1. This Act extends to the City of Rangoon [See clause (vii) of section 3 and Schedule VI] only: Provided that the President of the Union may, by notification, extend this Act or any part to any other local area in the Union of Burma...."
        Language: English
        Source/publisher: Government of the Union of Burma
        Format/size: pdf (315K)
        Date of entry/update: 25 May 2011


        Title: THE RANGOON DEVELOPMENT TRUST ACT (1921)
        Date of publication: 01 February 1921
        Description/subject: Burma Act V, 1920 1st February, 1921.....1. "...This Act shall extend to the City of Rangoon and to such areas in the neighbourhood thereof as the President of the Union may, by notification, specify in this behalf:..."
        Language: English
        Source/publisher: Government of the Union of Burma
        Format/size: pdf (161K)
        Date of entry/update: 25 May 2011


        Title: THE HINDU DISPOSITION OF PROPERTY ACT (1916)
        Date of publication: 28 September 1916
        Description/subject: India Act XV 1916 28th September 1916....Whereas it is expedient to remove certain existing disabilities in respect of the power of disposition of property by Hindus for the benefit of persons not in existence at the date of such disposition ; It is hereby enacted as follows:
        Language: English
        Source/publisher: Government of the Union of Burma
        Format/size: pdf (49K)
        Date of entry/update: 25 May 2011


        Title: THE EMBANKMENT ACT (1909)
        Date of publication: 15 October 1910
        Description/subject: BURMA ACT IV, 1909 15th October, 1910
        Language: English
        Source/publisher: Government of the Union of Burma
        Format/size: pdf (59K)
        Alternate URLs: http://displacementsolutions.org/?page_id=197 http://displacementsolutions.org/?p=20
        Date of entry/update: 25 May 2011


        Title: THE CODE OF CIVIL PROCEDURE (1909) (selections related to land))
        Date of publication: 01 January 1909
        Description/subject: [India Act, 1908] (1st January, 1909)-- selected articles
        Language: English
        Source/publisher: Government of the Union of Burma
        Format/size: pdf (81K)
        Alternate URLs: http://displacementsolutions.org/?page_id=197 http://displacementsolutions.org/?p=20
        Date of entry/update: 25 May 2011


        Title: THE REGISTRATION ACT (1909)
        Date of publication: 01 January 1909
        Description/subject: INDIA ACT XVI 1st JANUARY 1909
        Language: English
        Source/publisher: Government of the Union of Burma
        Format/size: pdf (132K)
        Alternate URLs: http://displacementsolutions.org/?page_id=197 http://displacementsolutions.org/?p=20
        Date of entry/update: 25 May 2011


        Title: THE VILLAGE ACT (1907)
        Date of publication: 01 January 1908
        Description/subject: BURMA ACT VI 1907 1st JANUARY 1908.....PRELIMINARY...DUTIES AND POWERS OF VILLAGE COMMITTEES, HEADMEN AND RURAL POLICEMAN...GENERAL DUTIES OF VILLAGERS...PROVISIONS RESPECTING RESIDENCE IN VILLAGE=TRACTS AND ERECTION OF HOUSES...PAWN SHOPS...PWES...SUPPLEMENTAL PROVISIONS
        Language: English
        Source/publisher: Government of the Union of Burma
        Format/size: pdf (90K)
        Alternate URLs: http://displacementsolutions.org/?page_id=197 http://displacementsolutions.org/?p=20
        Date of entry/update: 25 May 2011


        Title: THE TOWNS ACT (1907)
        Date of publication: 25 May 1907
        Description/subject: BURMA ACT III, 1907 25th May. 1907.....GENERAL DUTIES OF HEADMEN AND ELDERS...GENERAL DUTIES OF RESIDENTS...PWES, BILLIARDS SALOONS, PAWN-SHOPS, ETC.
        Language: English
        Source/publisher: Government of the Union of Burma
        Format/size: pdf (68K)
        Alternate URLs: http://displacementsolutions.org/?page_id=197 http://displacementsolutions.org/?p=20
        Date of entry/update: 25 May 2011


        Title: THE BURMA LAWS ACT (1898)
        Date of publication: 04 November 1898
        Description/subject: India Act XIII, 1898 4th November, 1898...."...5. The President of the Union may, for administrative including revenue purposes,- (q) divide Upper Burma into divisions and each of these divisions into districts, and vary the limits of those divisions and districts, and (b) divide each of those districts into sub-divisions, each of those sub-divisions into townships and each of those townships into circles, and vary the limits of these sub-divisions, townships and circles. 6. For the purpose of facilitating the application of any enactment for the time being in force in any part of Upper Burma, any Court may construe the enactment with such alterations, not affecting the substance, as may be necessary or proper to adapt it to the matter before the Court..."
        Language: English
        Source/publisher: Government of India
        Format/size: pdf (49K)
        Alternate URLs: http://displacementsolutions.org/?page_id=197 http://displacementsolutions.org/?p=20
        Date of entry/update: 25 May 2011


        Title: THE LOWER BURMA TOWN AND VILLAGE LANDS ACT (1899)
        Date of publication: 09 September 1898
        Description/subject: BURMA ACT IV 1898 9th SEPTEMBER 1899....."...1. This Act extends to Lower Burma and the Thayetmyo District of Upper Burma. 2. The provisions of this Act shall apply only to land in towns and villages..."
        Language: English
        Source/publisher: Government of Burma
        Format/size: pdf (90K)
        Alternate URLs: http://displacementsolutions.org/?page_id=197 http://displacementsolutions.org/?p=20
        Date of entry/update: 25 May 2011


        Title: THE LAND ACQUISITION ACT (1894)
        Date of publication: 01 March 1894
        Description/subject: INDIA ACT I, 1894 1st March 1894
        Language: English
        Source/publisher: Government of India
        Format/size: pdf (105K)
        Alternate URLs: http://displacementsolutions.org/?page_id=197 http://displacementsolutions.org/?p=20
        Date of entry/update: 25 May 2011


        Title: THE PARTITION ACT (1893)
        Date of publication: 09 March 1893
        Description/subject: INDIA Act IV, 1893 9th March, 1893....."...Whenever in any suit for partition in which, if instituted prior to the commencement of this Act, a decree for partition might have been made, it appears to the Court that, by reason of the nature of the property to which the suit relates, or of the number of the shareholders therein or of any other special circumstance, a division of the property cannot reasonably or conveniently be made, and that a sale of the property and distribution of the proceeds would be more beneficial for all the shareholders, the Court may, if it thinks tit, on the request of any of such shareholders interested individually or collectively to the extent of one moiety or upwards, direct a sale of the property and a distribution of the proceeds..."
        Language: English
        Source/publisher: Government of India
        Format/size: pdf (51K)
        Date of entry/update: 25 May 2011


        Title: THE UPPER BURMA LAND AND REVENUE REGULATION (1889)
        Date of publication: 13 July 1889
        Description/subject: [REGULATION III, 1889.] (13th July, 1889.)
        Language: English
        Source/publisher: Government of India
        Format/size: pdf (101K)
        Alternate URLs: http://displacementsolutions.org/?page_id=197 http://displacementsolutions.org/?p=20
        Date of entry/update: 25 May 2011


        Title: THE LAND ACQUISITION (MINES) ACT (1885)
        Date of publication: 16 October 1885
        Description/subject: INDIA ACT XVIII 1885. 16th October, 1885....."WHEREAS it is expedient to provide for cases in which mines or minerals are situate under land which it is desired to acquire under the Land Acquisition Act; It is hereby enacted as follows:-..."
        Language: English
        Source/publisher: Government of India
        Format/size: pdf (62K)
        Alternate URLs: http://displacementsolutions.org/?page_id=197 http://displacementsolutions.org/?p=20
        Date of entry/update: 25 May 2011


        Title: THE TRANSFER OF PROPERTY ACT (1882)
        Date of publication: 01 July 1882
        Description/subject: INDIA ACT IV 1882
        Language: English
        Source/publisher: Government of India
        Format/size: pdf (198K)
        Alternate URLs: http://displacementsolutions.org/?page_id=197 http://displacementsolutions.org/?p=20
        Date of entry/update: 25 May 2011


        Title: THE KAZIS ACT (1880)
        Date of publication: 09 July 1880
        Description/subject: INDIA ACT XII, 1880..... "Whereas by the preamble to Act No. XI of 18642 it was (among other things) declared that it was inexpedient that the appointment of the Kazi-ul- Kuzaat, or of City, Town or Pargana Kazis, should be made by the Government, and by the same Act the enactments relating to the appointment by the Government- of the said officers were repealed ; and Whereas by the usage of the Muhammadan community [ * * * * ] the presence of Kazis appointed by the Government is required at the celebration of marriages and the performance of certain other rites and ceremonies, and it is therefore expedient that the Government should again be empowered A to appoint persons to the office of Kazi; It is hereby enacted as follows:..."
        Language: English
        Source/publisher: Government of India
        Format/size: pdf (59K)
        Alternate URLs: http://displacementsolutions.org/?page_id=197 http://displacementsolutions.org/?p=20
        Date of entry/update: 25 May 2011


        Title: Land and Revenue Act (1879)
        Date of publication: 01 February 1879
        Description/subject: INDIA Act II 1876..... "WHEREAS it is expedient to declare the law relating to the acquisition by private persons of rights in land in the Union of Burma ; And whereas it is expedient also to consolidate and' amend the law relating to the assessment and collection of land-revenue, capitation-tax and certain other taxes ; It is hereby enacted as follows :--..."
        Language: English
        Source/publisher: Government of India
        Format/size: pdf (123K)
        Alternate URLs: http://displacementsolutions.org/?page_id=197 http://displacementsolutions.org/?p=20
        Date of entry/update: 25 May 2011


        Title: THE SPECIFIC RELIEF ACT (1877)
        Date of publication: 01 May 1877
        Description/subject: INDIA ACT 1877
        Language: English
        Source/publisher: Government of India
        Format/size: pdf (141K)
        Alternate URLs: http://displacementsolutions.org/?page_id=197 http://displacementsolutions.org/?p=20
        Date of entry/update: 25 May 2011


        Title: THE MARRIED WOMEN’S PROPERTY ACT (1874)
        Date of publication: 24 February 1874
        Description/subject: INDIA Act III, 1874....."Whereas it is expedient to make such provision as hereinafter appears for the enjoyment of wages and earnings by women married before the first day of January, 1866, and for insurances on lives by persons married before or after that day: And whereas by the Indian Succession Act, 1865, section 4,1 it is enacted that no person shall by marriage acquire any interest in the property of the person whom he or she marries, nor become incapable of doing any act in respect of his or her own property, which he or she could have done, if unmarried : · And whereas by force of the said Act all women to whose marriages it applies are absolute owners of all property vested in, or acquired by, them, and their husbands do not by their marriage acquire any interest in such property, but the said Act does not protect such husbands from liabilities on account of the debts of their wives contracted before marriage, and does not expressly provide for the enforcement of claims by or against such wives : It is hereby enacted as follows : -,,,"
        Language: English
        Source/publisher: Government of India
        Format/size: pdf (61K)
        Alternate URLs: http://displacementsolutions.org/?page_id=197 http://displacementsolutions.org/?p=20
        Date of entry/update: 25 May 2011


        Title: THE HINDU WIDOWS’ REMARRIAGE ACT (1856)
        Date of publication: 25 July 1856
        Description/subject: INDIA Act XV, 1856....."Whereas it is known that by the law as administered in the civil Courts, Hindu widows with certain exceptions are held to be, by reason of their having been once married, incapable of contracting a second valid marriage, and the offspring of such widows by any second marriage are held to be illegitimate and incapable of inheriting property;..."
        Language: English
        Source/publisher: Government of India
        Format/size: pdf (53K)
        Alternate URLs: http://displacementsolutions.org/?page_id=197 http://displacementsolutions.org/?p=20
        Date of entry/update: 25 May 2011


        Title: THE CASTE DISABILITIES REMOVAL ACT, I850
        Date of publication: 11 April 1850
        Description/subject: INDIA ACT XXI, 1850....."Whereas it is enacted by section 9, Regulation VII, 1832, of the Bengal Code, that “whenever in any civil suit the parties to such suit may be of different persuasions, when one party shall be of the Hindu and the other of the Muhammadan persuasion, or where one of more parties to the suit shall not be either of the Muhammadan or Hindu persuasions, the laws of those religions shall not be permitted to operate to deprive such party or parties of any property to which, but for the operation of such laws, they would have been entitled”; and whereas it will be beneficial to extend the principle of that enactment; It is enacted as follows:-..."
        Language: English
        Source/publisher: Government of India
        Format/size: pdf (34K)
        Alternate URLs: http://displacementsolutions.org/?page_id=197 http://displacementsolutions.org/?p=20
        Date of entry/update: 25 May 2011