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Law and Constitution
Most of the areas below are divided into "texts" i.e. the actual statute, decree, legislation, treaty etc. and "commentary" i.e. analysis, discussion etc. on the area of law in question. The text sections contain bills (laws proposed but not yet enacted), laws (acts) and rules/regulations.

  • Links to sources of Burma/Myanmar laws, bills, regulations etc.
    If you cannot find the legislation in OBL or the source pages below, 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. 10 full texts in English. No Burmese
    Language: English
    Source/publisher: ALTSEAN-Burma
    Format/size: html
    Date of entry/update: 09 April 2013


    Title: BLC archive
    Description/subject: The BLC site is not online at present, and it has not been updated for a year or two but its large archive of laws and other legal texts is accessible through archive.org
    Language: English, Burmese/ ျမန္မာဘာသာ
    Source/publisher: Burma Lawyers' Council via Archive.org
    Format/size: html
    Date of entry/update: 16 May 2013


    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: Myanmars. net - Myanmar Laws
    Description/subject: Full texts of laws from the British period to November 2012. Lots of full texts of laws in Burmese from April 2011. 7 in English
    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 text
    Language: English
    Source/publisher: Myanmarvisa.com
    Format/size: html
    Date of entry/update: 09 April 2013


    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
    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


  • Key documents of Burmese law

    Individual Documents

    Title: Bill Amending the Code of Civil Procedure / တရားမ က်င့္ထံုးဥပေဒကို ျပင္ဆင္သည့္ ဥပေဒၾကမ္း (Burmese)
    Date of publication: 09 July 2012
    Language: Burmese/ ျမန္မာဘာသာ
    Source/publisher: "Myanmar Alin"
    Format/size: pdf (200K)
    Date of entry/update: 22 September 2012


    Title: Constitution of the Republic of the Union of Myanmar (2008) - English & Burmese
    Date of publication: September 2008
    Description/subject: The official bilingual version.
    Language: English, Burmese
    Source/publisher: State Peace and Development Council
    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: 1979
    Description/subject: Scanned from "The Burma Code" 1979 edition
    Language: English
    Source/publisher: "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 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 Myanmar Code, Vol. XII
    Format/size: pdf (1.6MB)
    Date of entry/update: 30 April 2013


    Title: The Penal Code
    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


  • Legal sources and literature

    • Burmese legal history

      Individual Documents

      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: 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: 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: 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
      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 (1.28MB)
      Date of entry/update: 10 March 2009


    • Legal studies and articles

      Individual Documents

      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://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://www.burmalibrary.org/docs08/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


  • Rule of Law

    Websites/Multiple Documents

    Title: Rule of law (Wikipedia)
    Description/subject: "The rule of law is a legal maxim whereby governmental decisions are made by applying known legal principles. Such a government can be called a nomocracy, from the Greek nomos (law) and kratos (power or rule). The phrase can be traced back to 17th century and 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. It stands in contrast to the idea that the ruler is above the law, for example by divine right. Despite wide use by politicians, judges and academics, the rule of law has been described as "an exceedingly elusive notion" giving rise to a "rampant divergence of understandings ... everyone is for it but have contrasting convictions about what it is." At least two principal conceptions of the rule of law can be identified: a formalist or "thin" and a substantive or "thick" definition of the rule of law. Formalist definitions of the rule of law do not make a judgment about the "justness" of law itself, but define specific procedural attributes that a legal framework must have in order to be in compliance with the rule of law. Substantive conceptions of the rule of law go beyond this and include certain substantive rights that are said to be based on, or derived from, the rule of law..."
    Language: English
    Source/publisher: Wikipedia
    Format/size: html
    Date of entry/update: 21 July 2012


    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: 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


  • International Law

    • Principles of international law

      Websites/Multiple Documents

      Title: Audio-Visual Library of International Law
      Description/subject: "...The Audiovisual Library is a unique, multimedia resource which provides the United Nations with the unprecedented capacity to provide high quality international law training and research materials to an unlimited number of recipients on a global level. The Audiovisual Library consists of three pillars: (1) the Historic Archives containing documents and audiovisual materials relating to the negotiation and adoption of significant legal instruments under the auspices of the United Nations and related agencies since 1945; (2) theLecture Series featuring a permanent collection of lectures on virtually every subject of international law given by leading international law scholars and practitioners from different countries and legal systems; and (3) theResearch Libraryproviding an on-line international law library with links to treaties, jurisprudence, publications and documents, scholarly writings and research guides. The Audiovisual Library is available to all individuals and institutions around the world for free via the Internet..."
      Language: English (Also available in Arabic, Chinese, French, Russian and Spanish)
      Source/publisher: United Nations
      Format/size: html
      Date of entry/update: 21 December 2010


    • 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
        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: 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/khrg2011/khrg1105.html
        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)
        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


  • Laws impacting on Economic, Social and Cultural Rights

    • Labour laws and decrees (commentary)

      Websites/Multiple Documents

      Title: International Labour Organisation (OBL main section)
      Description/subject: Several hundred documents on the labour situation in Burma/Myanmar - Observations of the Committee of Experts, International Labour Conference and Governing Body debates and documents etc.
      Language: English (French and Spanish also available)
      Source/publisher: Online Burma/Myanmar Library
      Format/size: html, pdf
      Date of entry/update: 28 April 2013


      Title: Normlex (ILO) Myanmar profile
      Description/subject: See also the main OBL section on the ILO
      Language: English (French and Spanish also available)
      Source/publisher: International Labour Office
      Format/size: html
      Date of entry/update: 28 April 2013


      Individual Documents

      Title: Observation (CEACR) - adopted 2011, published 101st ILC session (2012) Forced Labour Convention, 1930 (No. 29) - Myanmar (Ratification: 1955)
      Date of publication: March 2012
      Description/subject: Concluding remarks: "The Committee fully endorses the conclusions concerning Myanmar made by the Conference Committee and the Governing Body, as well as the general evaluation of the forced labour situation by the ILO Liaison Officer. The Committee welcomes the positive developments, such as submission to Parliament of the draft legislation repealing the Towns Act and the Village Act of 1907; the expanded awareness-raising activities; the improvements in dealing with under-age recruitment by the military, including release of children and imposition of disciplinary and penal sanctions on military personnel; cooperation in the functioning of the SU complaints mechanism and its further extension for another year. However, the Committee observes that, in spite of the efforts made towards the implementation of the recommendations of the Commission of Inquiry, the Government has not yet fully implemented these recommendations. Besides the steps taken towards the amendment of the legislation, the Government still has to ensure that, in actual practice, forced labour is no longer imposed by the authorities, in particular by the military; and it still has to ensure that penalties for the exaction of forced labour under the Penal Code are strictly enforced against civil and military authorities. While noting the positive developments referred to above, the Committee urges the Government to redouble its efforts towards the full implementation of the recommendations of the Commission of Inquiry, by implementing the concrete practical requests addressed by the Committee to the Government. It expresses the firm hope that all the necessary measures will be taken without delay to achieve full compliance with the Convention, both in law and in practice, so as to ensure that all use of forced or compulsory labour in Myanmar is completely eliminated."
      Language: English
      Source/publisher: International Labour Office
      Format/size: html
      Date of entry/update: 05 March 2012


    • Labour laws and decrees (texts)

      Individual Documents

      Title: Labour Disputes Settlement Act - Pyidaungsu Hluttaw Law No. 5/2012 - အလုပ္သမားေရးရာ အျငင္းပြားမႈေျဖရွင္းေရး ဥပေဒ
      Date of publication: 29 March 2012
      Description/subject: Adopted 28 March 2012...(၂၀၁၂ ခုႏွစ္၊ ျပည္ေထာင္စုလႊတ္ေတာ္ ဥပေဒအမွတ္ ၅။)၁၃၇၃ ခုႏွစ္၊ တန္ခူးလဆန္း ၆ ရက္ (၂၀၁၂ ခုႏွစ္၊ မတ္လ ၂၈ ရက္) နိဒါန္း- အလုပ္သမားမ်ား၏ အခြင့္ အေရးကို ကာကြယ္ေစာင့္ေရွာက္ရန္ လည္ေကာင္း၊ အလုပ္ရွင္ႏွင့္ အလုပ္သမားမ်ားအၾကား ဆက္ဆံေရး ေကာင္းမြန္ၿပီး လုပ္ငန္းခြင္ ေအးခ်မ္းသာယာေစရန္ လည္းေကာင္း၊ အလုပ္ရွင္ႏွင့္ အလုပ္သမားအျငင္းပြားမႈအား တရားမွ်တစြာ ေျဖရွင္းေဆာင္ရြက္ေပးျခင္းျဖင့္ ရပိုင္ခြင့္မ်ားကို မွ်တမွန္ကန္စြာႏွင့္ ျမန္ဆန္စြာ ရရွိခံစားေစႏိုင္ရန္လည္းေကာင္း ျပည္ေထာင္စု လႊတ္ေတာ္သည္ ဤဥပေဒကိုျပ႒ာန္းလိုက္သည္။ ...Its relationship with the 1929 Trade Disputes Act is rather confusing - although that Act is apparently repealed by this new legislation, Law 5/2012 provides that some regulations, procedures and orders in the 1929 Act may be practiced as long as they do not contradict the new Act.
      Language: Burmese/ ျမန္မာဘာသာ, English
      Source/publisher: "The Mirror" ("Kyemon") ေၾကးမံု 29 March 2012
      Format/size: pdf (147K-Burmese; 66K-English)
      Alternate URLs: http://www.burmalibrary.org/docs13/Labour_Disputes_Settlement_Act-2012-en.pdf
      Date of entry/update: 31 March 2012


      Title: Labour Disputes Settlement Act (Pyidaungsu Hluttaw Law No. 5/2012) (English)
      Date of publication: 28 March 2012
      Description/subject: Official translation...The law repeals the Trade Disputes Act of 1929
      Language: Burmese/ ျမန္မာဘာသာ English
      Source/publisher: Pyidaungsu Hluttaw via Ministry of Labour
      Format/size: pdf (66K)
      Alternate URLs: http://www.mol.gov.mm/en/wp-content/uploads/downloads/2012/06/Settlement-dispute-lawEng.pdf
      http://www.burmalibrary.org/docs13/Trade_disputes_act-2012(bu).pdf
      Date of entry/update: 06 July 2012


      Title: The Law Revoking the 1964 Law Defining the Fundamental Rights and Responsibilities of the People’s Workers - Pyidaungsu Hluttaw Law No. 12/2011 (Burmese)
      Date of publication: 22 November 2011
      Description/subject: Adopted 21 November 2011... ၁၉၆၄ ခုႏွစ္၊ ျပည္သူ့အလုပ္သမားမ်ား၏ အေျခခံရပိုင္ခြင့္ႏွင့္ တာဝန္မ်ားျပ႒ာန္းသည့္ ဥပေဒကို ႐ုပ္သိမ္းသည့္ ဥပေဒ... (၂ဝ၁၁ ခုႏွစ္၊ ျပည္ေထာင္စုလႊတ္ေတာ္ဥပေဒအမွတ္၁၂။)... ၁၃၇၃ ခုႏွစ္၊ တန္ေဆာင္မုန္းလျပည္႕ေက်ာ္ ၁၁ ရက္... (၂ဝ၁၁ ခုႏွစ္၊ ႏိုဝင္ဘာလ ၂၁ ရက္)...
      Language: Burmese/ ျမန္မာဘာသာ
      Source/publisher: "The Mirror" ("Kyemon") ေၾကးမံု 22 November 2011
      Format/size: pdf (123K)
      Date of entry/update: 03 May 2012


      Title: The Law Revoking the 1964 Law Defining the Fundamental Rights and Responsibilities of the People’s Workers - Pyidaungsu Hluttaw Law No.12/2011 (English)
      Date of publication: 22 November 2011
      Description/subject: (The 2011 Pyidaungsu Hluttaw Law No.12), 11th Waning of Tazaungmon 1373 ME (21 November, 2011)
      Language: English
      Source/publisher: Pyidaungsu Hluttaw via "The New Light of Myanmar"
      Format/size: pdf (47K)
      Date of entry/update: 30 November 2011


      Title: The Labour Organization Law - Pyidaungsu Hluttaw Law No. 7/2011 အလုပ္သမားအဖြဲ႔အစည္း ဥပေဒ (Burmese)
      Date of publication: 12 October 2011
      Description/subject: (၂ဝ၁၁ ခုႏွစ္၊ ျပည္ေထာင္စုလႊတ္ေတာ္ ဥပေဒအမွတ္ ၇။)... ၁၃၇၃ ခုႏွစ္၊ သီတင္းကြၽတ္လဆန္း ၁၄ ရက္... (၂ဝ၁၁ ခုႏွစ္၊ ေအာက္တုိဘာလ ၁၁ ရက္)... This law was adopted on the 11th of October 2011 and came into force on the 9th of March 2012, though it is unclear whether the Legislature has adopted all enabling regulations (an amended Trade Disputes Act was enacted 28 March 2012) containing elements like the conciliation mechanisms referred to in the LOL. ...Apologies for the poor graphic quality of the Burmese text. There are also some errors in translation in the (official) English version --- Para 5 should read: ".......carry out its activities under its ....." and Para 48 should read: "....shall not be used for any other purpose than the matters provided....." These mistakes will no doubt be corrected in a future version.....The Alternate URL contains the same text, but as transmitted to the ILO with cover letter from the Myanmar Mission, Geneva.
      Language: Burmese/ ျမန္မာဘာသာ
      Source/publisher: Pyidaungsu Hluttaw
      Format/size: pdf (118K)
      Alternate URLs: http://www.burmalibrary.org/docs12/Labour_Organization_Law%20No.7-2011(bu)-ocr-red.pdf
      Date of entry/update: 23 December 2011


      Title: The Labour Organization Law - Pyidaungsu Hluttaw Law No. 7/2011 (English)
      Date of publication: 11 October 2011
      Description/subject: Official version (on the site of the Ministry of labour)... This law came into force on the 9th March 2012, though it is not entirely clear to the Librarian whether the Legislature has adopted the enabling regulations and whether the amended Trade Disputes Act (now called The Settlement of Labour Dispute Law) contains all the conciliation mechanisms referred to in the LOL.
      Language: English
      Source/publisher: Pyidaungsu Hluttaw
      Subscribe: http://www.mol.gov.mm/en/wp-content/uploads/downloads/2012/05/Labour-Org-Law-ENG.pdf
      Format/size: pdf (62K)
      Date of entry/update: 23 December 2011


      Title: LAW DEFINING THE FUNDAMENTAL RIGHTS AND RESPONSIBILITIES OF THE PEOPLE'S WORKERS.
      Date of publication: 1964
      Description/subject: Some parts missing or illegible, but the thrust is clear.
      Language: English
      Source/publisher: Revolutionary Council (Revolutionary Council Law No. 6, 1964) via ILO
      Format/size: pdf (436K)
      Alternate URLs: http://www.burmalibrary.org/docs13/Law_Defining_the_Fundamental_Rights_and_Responsibilitie_of_the_P...
      Date of entry/update: 03 May 2012


      Title: Trade Disputes Amending Law, 1963
      Date of publication: 1963
      Language: English
      Source/publisher: Revolutionary Council (Law No. 20, 1963)
      Format/size: pdf (172K)
      Date of entry/update: 23 April 2012


      Title: THE TRADE DISPUTES ACT. [INDIA ACT VII, 1929.]
      Date of publication: 08 May 1929
      Description/subject: Contains amendments made in 1947, 1948, 1950, 1954
      Language: English
      Source/publisher: Government of the Union of Burma via "The Burma Code" Vol. V
      Format/size: pdf (411K)
      Date of entry/update: 23 April 2012


      Title: The Trade Unions Act (India Act XVI, 1926)
      Date of publication: 1926
      Language: English
      Source/publisher: Government of the Union of Burma via "The Burma Code" Vol. V
      Format/size: pdf (73K)
      Date of entry/update: 03 May 2012


  • Laws impacting on civil and political rights

    • Association and Assembly

      • Laws, decrees and regulations related to association and assembly (texts)

        Individual Documents

        Title: Regulations relating to the Right to Peaceful Assembly and Peaceful Procession, 5 July 2012 (Burmese)
        Date of publication: 10 July 2012
        Description/subject: Government of the Republic of the Union of Myanmar, Ministry of Interior, Order No. 364/ 2012, Nay Pyi Daw, 5 July 2012..... ၿငိမ္းခ်မ္းစြာ စုေ၀းခြင့္ ႏွင့္ ၿငိမ္းခ်မ္းစြာ စီတန္းလွည့္လည္ခြင့္ ဆိုင္ရာ နည္းဥပေဒမ်ား - ျပည္ေထာင္စု သမၼတ ျမန္မာႏိုင္ငံ ေတာ္အစိုးရ၊ ျပည္ထဲေရးဝန္ႀကီးဌာန၊ အမိန္႔ ေၾကာ္ျငာစာအမွတ္ ၃၆၄/၂ဝ၁၂၊ ေနျပည္ေတာ္၊ ၁၃၇၄ ခုႏွစ္၊ ပထမဝါဆုိလျပည့္ေက်ာ္ ၂ ရက္၊ (၂ဝ၁၂ ခုႏွစ္၊ ဇူလိုင္လ ၅ ရက္)
        Author/creator: Myanmar Ministry of the Interior
        Language: Burmese/ ျမန္မာဘာသာ
        Source/publisher: "The Mirror" ("Kyemon") ေၾကးမံု 10 July 2012
        Format/size: pdf (118K)
        Date of entry/update: 08 September 2012


        Title: Regulations relating to the Right to Peaceful Assembly and Peaceful Procession 5 July 2012 (English)
        Date of publication: 05 July 2012
        Description/subject: "...1. These By-Laws shall be cited as the Regulations relating to the Right to Peaceful Assembly and Peaceful Procession 2. The Terms mentioned in these By-Laws must follow the same definitions as in the Right to Peaceful Assembly and Peaceful Procession Act and the terms mentioned below must be defined as follows: (a) The term Act refers to the Right to Peaceful Assembly and Peaceful Procession Act..."
        Language: English (unofficial translation)
        Source/publisher: Government of the Republic of the Union of Myanmar, Ministry of Home Affairs (Order No. 364/2012)
        Format/size: pdf (84K)
        Date of entry/update: 18 May 2013


        Title: Right to Peaceful Assembly and Peaceful Procession Act - Pyidaungsu Hluttaw Law No. 15/2011 (Burmese)
        Date of publication: 03 December 2011
        Description/subject: ၿငိမ္းခ်မ္းစြာ စုေ၀းခြင့္ ႏွင့္ ၿငိမ္းခ်မ္းစြာ စီတန္းလွည့္လည္ခြင့္ဆိုင္ရာ ဥပေဒ Approved by the Pyidaungsu Hluttaw on 2 December 2011
        Language: Burmese/ ျမန္မာဘာသာ
        Source/publisher: "The Mirror" ("Kyemon") ေၾကးမံု
        Format/size: pdf (101K)
        Date of entry/update: 17 March 2012


        Title: Right to Peaceful Assembly and Peaceful Procession Act - Pyidaungsu Hluttaw Law No. 15/2011 (English)
        Date of publication: 02 December 2011
        Description/subject: "...In Article 354 Section (B) of the Union Republic of Myanmar Constitution Law, it is prescribed that if not contrary to the laws enacted for Union security, rule of law, community peace and tranquility, or public morality, every citizen shall be at liberty to assemble and hold a procession peacefully without arms. So that citizens can exercise these rights legally, Pyidaungsu Hluttaw has enacted this law... 1. This law shall be called the law of peaceful assembly and peaceful procession..." ... Approved by the Pyidaungsu Hluttaw on 2 December 2011
        Language: English (unofficial translation?)
        Source/publisher: Pyidaungsu Hluttaw
        Format/size: pdf (69K)
        Date of entry/update: 18 May 2013


        Title: SLORC Law No. 5/96 of 7 June, 1996: "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"
        Date of publication: 07 June 1996
        Description/subject: Repealed, January 2013 (see Commentary and Alternate URL
        Language: English, Burmese
        Source/publisher: State Law and Order Restoration Council
        Format/size: pdf (English, 15K; - Burmese 33K), html (article on repeal)
        Alternate URLs: http://www.ibiblio.org/obl/docs4/SLORC-Law5-96-Bu..pdf
        http://www.irrawaddy.org/archives/24300 (law repealed, January 2013)
        Date of entry/update: 03 June 2003


        Title: Law Relating to the Sangha Organization
        Date of publication: 31 October 1990
        Description/subject: State LORC Law No. 20/90 of Oct. 31, 1990
        Language: English
        Source/publisher: SLORC
        Date of entry/update: 03 June 2003


        Title: Form for registration of associations and organizations (Directive No. 1/88 of the Ministry of Home and Religious Affairs)
        Date of publication: 01 October 1988
        Description/subject: "Directive No. 1/88 of the Ministry of Home and Religious , signed by Maj-Gen. Phone Myint, prescribes the following Form for registration of associations and organizations, to be submitted to the Township LORC under the State/Division LORC where the organization is located: Form (A) Application for formation of associations in accordance with the Law for Formation of Associations or Organizations..."
        Language: English
        Source/publisher: SLORC
        Format/size: html (6K)
        Date of entry/update: 03 June 2003


        Title: Law relating to Forming of Organizations (State LORC Law No. 6/88 of Sept. 30, 1988)
        Date of publication: 30 September 1988
        Description/subject: The State Law and Order Restoration Council hereby enacts the following Law— Chapter I Title and Definitions 1. This Law shall be called the Law relating to Forming of Organizations. 2. The following expressions in this Law shall have the following meanings-- (a) an organization means an association, society, union, party, committee, federation, group of associations, front, club and similar organization that is formed with a group of people for an objective or a programme either with or without a particular name. (b) a political organization means an organization that has a political movement based upon a certain political ideology..."
        Language: English
        Source/publisher: SLORC
        Format/size: html (13K)
        Alternate URLs: http://www.blc-burma.org/html/Myanmar%20Law/lr_e_ml88_06.html
        Date of entry/update: May 2003


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


        Title: The Unlawful Associations Act
        Date of publication: 11 December 1908
        Description/subject: [India Act XIV, 1908.] (11th December 1908)] 1-14. PART II. Unlawful Associations.
        Language: English
        Source/publisher: Government of the Union of Burma
        Format/size: pdf (25K) html
        Alternate URLs: http://www.blc-burma.org/html/Suppressive%20Law/ulaa_e.html
        Date of entry/update: 03 June 2003


      • Laws, decrees, regulations and bylaws related to association and assembly (commentaries)

        Individual Documents

        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


    • Laws related to nationality, citizenship and immigration

      • Laws and decrees related to nationality, citizenship and immigration (commentary)

        Websites/Multiple Documents

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


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


        Individual Documents

        Title: 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 and decrees related to nationality, citizenship and immigration (texts)

        Websites/Multiple Documents

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


        Individual Documents

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


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


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


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


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


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


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


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


        Title: The Burma Immigration (Emergency Provisions) Act, 1947
        Date of publication: 13 June 1947
        Description/subject: [This is the official text of the Act, Burma Act XXXI of 1947]... Though not originally intended to curb freedom of opinion and expression this law, along with the Electronics Act, the Import/Export Act and the Unlawful Associations Act, has been used against video journalists
        Language: English
        Source/publisher: Govt. of Burma ("The Burma Code" Vol. I)
        Format/size: pdf (81K)
        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


    • Martial law decrees, States of Emergency etc.

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

        Individual Documents

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


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


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


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


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

        Individual Documents

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


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


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


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


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


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


        Title: State Protection Law (The Law to Safeguard the State Against the Dangers of Those Desiring to Cause Subversive Acts) - English
        Date of publication: 05 February 1975
        Description/subject: Pyithu Hluttaw Law No. 3, 1975. "The People’s Assembly enacts the following Law in order to prevent the infringement of the sovereignty and security of the Union of Burma against any threat to the peace of the people, and against the threat of those desiring to cause subversive acts causing the destruction of the country, without impeding citizens’ fundamental rights..." The 1991 amendment, Law No 11/91 of Aug. 9, 1991 is included in the document.
        Language: English
        Source/publisher: Pyithu Hluttaw
        Format/size: pdf (22K) ; html
        Alternate URLs: http://blc-burma.org/html/Suppressive%20Law/spl_e.html
        Date of entry/update: 2001


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


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


        Title: THE PUBLIC ORDER (PRESERVATION) ACT [BURMA ACT XVI, 1947] (3rd April, 1947)
        Date of publication: 03 April 1947
        Language: English
        Source/publisher: "Burma Code, Vol. II, Government of the Union of Burma via Burma Lawyers Council
        Format/size: html, pdf (97K)
        Alternate URLs: http://www.burmalibrary.org/docs12/Public_Order_Preservation_Act_(1947).pdf
        Date of entry/update: 11 October 2011


    • Opinion and expression

      • Bills, laws and decrees related to opinion and expression (texts)

        Websites/Multiple Documents

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


        Individual Documents

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


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


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


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


        Title: The Electronic Transactions Law (SPDC Law No. 5/2004)
        Date of publication: 30 April 2004
        Description/subject: The Union of Myanmar: The State Peace and Development Council - The Electronic Transactions Law (The State Peace and Development Council Law No. 5/2004)... The 12th Waxing of Kason 1366 M.E. (30th April, 2004)
        Language: English
        Source/publisher: SPDC
        Format/size: html (46K)
        Date of entry/update: 02 May 2004


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


        Title: The Motion Picture Law (SLORC Law No.9/96)
        Date of publication: 20 August 1996
        Description/subject: The State Law and Order Restoration Council... The Motion Picture Law (The State Law and Order Restoration Council Law No.9/96)... The 6th Waxing Day of Wagaung, 1358 M.E. (20th August, 1996)
        Language: English
        Source/publisher: The State Law and Order Restoration Council
        Format/size: pdf (28K); html (38K)
        Alternate URLs: http://www.blc-burma.org/html/Myanmar%20Law/lr_e_ml96_09.html
        http://www.ibiblio.org/obl/docs3/Motion_picture_law.html
        Date of entry/update: 17 July 2005


        Title: The Television and Video Law (SLORC Law No. 8/96)
        Date of publication: 29 July 1996
        Description/subject: (The State Law and Order Restoration Council Law No. 8/96) The 14th Waxing Day of 2nd Waso, 1358 M.E. (29th July, 1996)
        Language: English
        Source/publisher: The State Law and Order Restoration Council
        Format/size: pdf (30K); html
        Alternate URLs: http://www.blc-burma.org/html/Myanmar%20Law/lr_e_ml96_08.html
        Date of entry/update: 31 May 2005


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


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


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


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


        Title: The Burma Immigration (Emergency Provisions) Act, 1947
        Date of publication: 13 June 1947
        Description/subject: [This is the official text of the Act, Burma Act XXXI of 1947]... Though not originally intended to curb freedom of opinion and expression this law, along with the Electronics Act, the Import/Export Act and the Unlawful Associations Act, has been used against video journalists
        Language: English
        Source/publisher: Govt. of Burma ("The Burma Code" Vol. I)
        Format/size: pdf (81K)
        Date of entry/update: 03 June 2003


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


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


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


      • Bills, laws, decrees, bylaws and regulations related to opinion and expression (commentary)

        Individual Documents

        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: 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


    • Religion

      • Laws and decrees related to religion (commentary)

        Individual Documents

        Title: Law and Religion in Burma
        Date of publication: April 2001
        Description/subject: "Burma was annexed by the British through the three wars in 1824-1826, 1852-1853 and 1885-1886. When colonial rule started, it was British policy (as in other British colonies) not to interfere with local religion. The British did not want to create further confrontations. If they had not adopted this policy, there would have been more uprisings and more discontent among the people. And that would have endangered the position of the British. The policy reflected the experience of the colonial administrators in the implementation of colonial rule in India in the 18th century...Although according to the regime there is religious freedom in Burma, the reality is that there is religious discrimination. The junta is suppressing Muslims and Christians in order to disperse them, while it pretends to promote Buddhism. Buddhism is promoted by the military at the expense of other religions to increase SPDC?s nationalism. The generals systematically use propaganda in their attempts to falsely convince the Buddhists that the military regime is representing their interests.49 Such is the state of Law and Religion in Burma today. Under the cloak of law, Buddhists are suppressed and the Sangha curtailed, as these are among the most active in the struggle for the restoration of democracy and human rights."
        Author/creator: Peter Gutter
        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


  • Judiciary

    • Laws and decrees relating to the judiciary (commentaries)

      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


    • Laws and decrees relating to the judiciary (texts)

      Individual Documents

      Title: Bill Amending the Code of Civil Procedure / တရားမ က်င့္ထံုးဥပေဒကို ျပင္ဆင္သည့္ ဥပေဒၾကမ္း (Burmese)
      Date of publication: 09 July 2012
      Language: Burmese/ ျမန္မာဘာသာ
      Source/publisher: "Myanmar Alin"
      Format/size: pdf (200K)
      Date of entry/update: 22 September 2012


      Title: Bill Amending the Contempt of Court Act / တရားရံုးမ်ား မထီမဲ့ျမင္ ျပဳမႈ ဥပေဒၾကမ္း (Burmese)
      Date of publication: 09 July 2012
      Description/subject: Revoking the Contempt of Courts Act, 1926 by this Law... the Contempt of Courts Act, 1926 ကို ဤဥပေဒ ျဖင့္ ရုပ္သိမ္းလုိက္သည္...
      Language: Burmese/ ျမန္မာဘာသာ
      Source/publisher: "Myanmar Alin"
      Format/size: pdf (168K)
      Date of entry/update: 22 September 2012


      Title: Bill Amending the Limitation Act / ကာလစည္းကမ္းသတ္ အက္ဥပေဒကို ျပင္ဆင္သည့္ ဥပေဒၾကမ္း (Burmese)
      Date of publication: 09 July 2012
      Language: Burmese/ ျမန္မာဘာသာ
      Source/publisher: "Myanmar Alin"
      Format/size: pdf (53K)
      Date of entry/update: 22 September 2012


      Title: Bill Amending the Penal Code / ရာဇသတ္ႀကီးဥပေဒကို ျပင္ဆင္သည့္ ဥပေဒ (Burmese)
      Date of publication: 09 July 2012
      Language: Burmese/ ျမန္မာဘာသာ
      Source/publisher: "Myanmar Alin"
      Format/size: pdf (360K)
      Date of entry/update: 22 September 2012


      Title: Bill Amending the Code of Criminal Procedure / ရာဇ၀တ္က်င့္ထံုး ဥပေဒကို ျပင္ဆင္သည့္ ဥပေဒၾကမ္း (Burmese)
      Date of publication: 2012
      Language: Burmese/ ျမန္မာဘာသာ
      Source/publisher: "Myanmar Alin"
      Format/size: pdf (632K)
      Date of entry/update: 22 September 2012


      Title: The Law Amending the Attorney General Law, 2001 (SPDC Law No. 3/2003)
      Date of publication: 02 February 2003
      Description/subject: The Union of Myanmar... The State Peace and Development Council... The Law Amending the Attorney General Law, 2001 (The State Peace and Development Council Law No. 3/2003) The 1st Waxing Day of Tabodwe, 1364 ME (2nd February 2003)
      Language: English
      Source/publisher: SPDC via BLC
      Format/size: pdf (55K)
      Date of entry/update: 16 July 2005


      Title: Attorney General Law, 2001
      Date of publication: 27 February 2001
      Description/subject: SPDC Law 1/2001
      Language: English
      Source/publisher: State Peace and Development Council
      Format/size: pdf (65K)
      Date of entry/update: 03 June 2003


      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: The Contempt of Courts Act
      Date of publication: 01 May 1926
      Language: English
      Source/publisher: "The Burma Code" Vol. I (Govt. of the Union of Burma)
      Format/size: pdf (11K)
      Date of entry/update: 17 March 2009


      Title: The Code of Criminal Procedure
      Date of publication: 01 July 1898
      Language: English
      Source/publisher: Government of the Union of Burma 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 Myanmar Code, Vol. XII
      Format/size: pdf (1.6MB)
      Date of entry/update: 30 April 2013


      Title: The Penal Code
      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


  • Civil and administrative law

    • Environmental laws, decrees, regulations etc.

      • Environmental laws and decrees (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: 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 and constitutional provisions related to land, property and planning (analysis, commentary)

        Websites/Multiple Documents

        Title: Displacement Solutions
        Description/subject: NGO working on housing, land and property rights (HLP)
        Language: English
        Source/publisher: Displacement Solutions
        Format/size: html
        Date of entry/update: 29 August 2009


        Individual Documents

        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: 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: 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: 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: 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)
        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


      • Laws, decrees and constitutional provisions related to land, property and planning (texts)
        Most 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

        Individual Documents

        Title: Law Amending 1955 Government Housing (Expelling) Act - Pyidaungsu Hluttaw Law No. 16/2012 (Burmese)
        Date of publication: 02 September 2012
        Description/subject: Adopted: 31, August 2012 ... ၁၉၅၅ခုႏွစ္၊ အစိုးရအိမ္ဥပစာ (ႏွင္ထုတ္ျခင္း) အက္ဥပေဒကို ျပင္ဆင္သည့္ ဥပေဒ (၂၀၁၂ ခုႏွစ္ ျပည္ေထာင္စု လႊတ္ေတာ္ ဥပေဒ အမွတ္ ၁၆။) ၁၃၇၄ ခုႏွစ္၊ ဝါေခါင္လဆန္း ၁၄ ရက္ (၂ဝ၁၂ ခုႏွစ္၊ ၾသဂုတ္လ ၃၁ ရက္)
        Language: Burmese/ ျမန္မာဘာသာ
        Source/publisher: "The Mirror" ("Kyemon") ေၾကးမံု 2 September 2012
        Format/size: pdf (63K)
        Date of entry/update: 08 September 2012


        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: 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: Farmland Act - Pyidaungsu Hluttaw Law No. 11/2012 / လယ္ယာေျမ ဥပေဒ (၂၀၁၂ ခုႏွစ္ မတ္လ ၃၀ ရက္) (Burmese)
        Date of publication: 03 April 2012
        Description/subject: Adopted 30 March 2012...This law repeals: (a) The Land Nationalization Act of 1953; (b) The 1963 Tenancy Law; (c) The Law Safeguarding Peasant Rights, 1963. / ၂၀၁၂ ခုႏွစ္၊ ျပည္ေထာင္စု လႊတ္ေတာ္ ဥပေဒ အမွတ္ ၁၁။... ၁၃၇၃ ခုႏွစ္၊ တန္ခူးလဆန္း ၈ ရက္... (၂၀၁၂ ခုႏွစ္ မတ္လ ၃၀ ရက္)... ေအာက္ပါဥပေဒမ်ားကို ဤဥပေဒျဖင့္ ႐ုပ္သိမ္းလိုက္သည္- (က) ၁၉၅၃ ခုႏွစ္၊ လယ္ယာေျမႏိုင္ငံပိုင္ျပဳလုပ္ေရးအက္ဥပေဒ၊ (ခ) ၁၉၆၃ ခုႏွစ္၊ သီးစားခ်ထားေရးဥပေဒ၊ (ဂ) ၁၉၆၃ ခုႏွစ္၊ ေတာင္သူလယ္သမား အခြင့္အေရးကာကြယ္သည့္ ဥပေဒ။
        Language: Burmese/ ျမန္မာဘာသာ
        Source/publisher: "The Mirror" ("Kyemon") ေၾကးမံု 3 April 2012
        Format/size: pdf (143K-"Mirror" version; 125K, Alternate URL))
        Alternate URLs: http://www.burmalibrary.org/docs13/Farmland_Act%28bu%29.pdf
        Date of entry/update: 05 April 2012


        Title: Vacant, Fallow and Virgin Land Management Act - Pyidaungsu Hluttaw Law No. 10/2012 /ေျမလြတ္၊ ေျမလပ္ႏွင့္ ေျမ႐ိုင္းမ်ား စီမံခန္႔ခြဲေရးဥပေဒ (၂၀၁၂)
        Date of publication: 02 April 2012
        Description/subject: (၂၀၁၂ ခုႏွစ္၊ ျပည္ေထာင္စုလႊတ္ေတာ္ဥပေဒ အမွတ္ ၁၀။)... ၁၃၇၃ ခုႏွစ္၊ တန္ခူးလဆန္း ၈ ရက္ (၂၀၁၂ ခုႏွစ္၊ မတ္လ ၃၀ ရက္)... Enacted 30 March 2012 and published in "The Mirror" ("Kyemon") and "Myanmar Alin" of 2 April 2012...No official English version yet.
        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: Environment Conservation Law - Pyidaungsu Hluttaw Law No. 9/2012 (English and Burmese)
        Date of publication: 01 April 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
        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: Environment Conservation Law - Pyidaungsu Hluttaw Law No. 9/2012 /ပတ္ဝန္းက်င္ထိန္းသိမ္းေရးဥပေဒ(Burmese and English)
        Date of publication: 01 April 2012
        Description/subject: Adopted 30 March 2012... (၂ဝ၁၂ ခုႏွစ္၊ ျပည္ေထာင္စုလႊတ္ေတာ္ဥပေဒအမွတ္ ၉။) ၁၃၇၃ ခုႏွစ္၊ တန္ခူးလဆန္း ရက္ (၂ဝ၁၂ ခုႏွစ္၊ မတ္လ ၃ဝ ရက္)
        Language: Burmese/ ျမန္မာဘာသာ English
        Source/publisher: "The Mirror" ("Kyemon") ေၾကးမံု 1 April 2012
        Format/size: pdf (205K-Burmese; 58K-English)
        Alternate URLs: http://www.burmalibrary.org/docs13/Environment_Conservation_Act-bu.pdf
        http://www.burmalibrary.org/docs15/2012-environmental_conservation_law-PH_law-09-2012-en.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 (36K)
        Date of entry/update: 14 May 2013


        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 (Burmese)
        Date of publication: 30 March 2012
        Description/subject: Adopted 30 March 2012... ရပ္ကြက္ သို႔မဟုတ္ ေက်းရြာအုပ္စု အုပ္ခ်ဳပ္ေရးဥပေဒကို ျပင္ဆင္သည့္ ဥပေဒ... (၂ဝ၁၂ ခုႏွစ္၊ ျပည္ေထာင္စုလႊတ္ေတာ္ဥပေဒအမွတ္ ၇။)... ၁၃၇၃ ခုႏွစ္၊ တန္ခူးလဆန္း ၆ ရက္... (၂ဝ၁၂ ခုႏွစ္၊ မတ္လ ၂၈ ရက္)...
        Language: Burmese/ ျမန္မာဘာသာ
        Source/publisher: "Myanmar Alin" 30. 3. 2012 ျမန္မာ့အလင္းသတင္းစာ
        Format/size: pdf (191K)
        Alternate URLs: http://www.burmalibrary.org/docs13/Ward_and_Village_Administration_Amending_Act(bu).pdf
        Date of entry/update: 29 April 2012


        Title: Ward or Village Administration Law - Pyidaungsu Hluttaw Law No. 1/2012 (English
        Date of publication: 25 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.
        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: 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: 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: 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 (1993)
        Date of publication: 24 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..."
        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)
        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: City of Yangon Development Law
        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). The State Law and Order Restoration Council hereby enacts the following...
        Language: English
        Source/publisher: The State Law and Order Restoration Council (SLORC Law No.11/90)
        Format/size: pdf (19K)
        Date of entry/update: 25 May 2011


        Title: THE LAW AMENDING THE ELECTRICITY LAW (1990)
        Date of publication: 07 March 1990
        Description/subject: The State Law and Order Restoration council Law No. 3/90... The 12th Waxing Day of Tabaung, 1351 M.E.... 7 March 1990
        Language: English
        Source/publisher: State Law and Order Restoration Council
        Format/size: pdf (63K)
        Date of entry/update: 25 May 2011


        Title: PROCEDURES RELATING TO THE UNION OF MYANMAR FOREIGN INVESTMENT LAW (1988)
        Date of publication: 07 December 1988
        Description/subject: THE GOVERNMENT OF THE UNION OF MYANMAR NOTIFICATION NO.11/88 The 14th waning day of Tazaungmon, I350 B.E. (7th December, 1988)
        Language: English
        Source/publisher: State Law and Order Restoration Council
        Format/size: pdf (89K)
        Date of entry/update: 25 May 2011


        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)
        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 LAW SAFEGUARDING PEASANT RIGHTS, 1963.
        Date of publication: 1963
        Description/subject: (THE UNION OF BURMA REVOLUTIONARY COUNCIL LAW NO. 9 OF 1963)
        Language: English
        Source/publisher: Union of Burma Revolutionary Council
        Format/size: pdf (50K)
        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 IX 1955
        Language: English
        Source/publisher: Government of the Union of Burma
        Format/size: pdf (30K)
        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: Replaced the Land Nationalization Act of 1948
        Language: Burmese
        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: 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
        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 I
        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


    • Laws related to foreign relations (texts)

      Individual Documents

      Title: Law revoking the Foreign Relations Act - Pyidaungsu Hluttaw Law No. 14/2012 (English)
      Date of publication: 30 August 2012
      Description/subject: Adopted: 12th Waxing of Wagaung, 1374 ME (29th August, 2012)
      Language: English
      Source/publisher: "The New Light of Myanmar"
      Format/size: pdf (144K)
      Date of entry/update: 15 September 2012


      Title: Law revoking the Foreign Relations Act, Pyidaungsu Hluttaw Law No. 14/2012 / ႏုိင္ငံျခားဆက္ဆံေရး အက္ဥပေဒကို ႐ုပ္သိမ္းသည့္ ဥပေဒ (Burmese)
      Date of publication: 30 August 2012
      Description/subject: Adopted in 29 August 2012: .... (၂ဝ၁၂ ခုႏွစ္၊ ျပည္ေထာင္စုလႊတ္ေတာ္ ဥပေဒအမွတ္ ၁၄။) ၁၃၇၄ ခုႏွစ္၊ ဝါေခါင္လဆန္း ၁၂ ရက္ (၂ဝ၁၂ ခုႏွစ္၊ ၾသဂုတ္လ ၂၉ ရက္)
      Language: Burmese/ ျမန္မာဘာသာ
      Source/publisher: "The Mirror" ("Kyemon") 30 August 2012
      Format/size: pdf (34K)
      Date of entry/update: 15 September 2012


      Title: The Mutual Assistance in Criminal Matters Law (SPDC Law No. 4/2004)
      Date of publication: 28 April 2004
      Description/subject: The Union of Myanmar: The State Peace and Development Council - The Mutual Assistance in Criminal Matters Law (The State Peace and Development Council Law No. 4/2004)... The 10th Waxing of Kason 1366 ME (28th April, 2004)... The State Peace and Development Council hereby enacts the following Law:- "..This Law shall apply to providing assistance in criminal proceedings with States parties to an international convention or regional agreement to which the Union of Myanmar is a State party or with the State that has entered into bilateral agreement or with the State that will provide reciprocal assistance though not a State party to the international convention or regional agreement or bilateral agreement with respect to investigation, prosecution and judicial proceedings in criminal matters..."
      Language: English
      Source/publisher: SPDC
      Format/size: html (38K)
      Date of entry/update: 02 May 2004


  • Criminal law

    • Criminal law (commentary)

      Individual Documents

      Title: Law and Money Laundering in Burma
      Date of publication: December 2001
      Description/subject: "Money laundering is the most significant economic phenomenon of organized crime. Containing the influence of organized crime requires the elimination of its livelihood, which in Burma is mainly the illicit drug trade. Under the rule of the military junta, Burma has become the worlds biggest producer of heroin and methamphetamines. Burmas drug lords are now major investors in the countrys economy and have considerable cash reserves at their disposal. In many countries nowadays, tighter banking controls make it difficult for criminals to launder money for use in the legitimate economy. However, banking control in Burma is not very tight, legislation is ineffective, and the military junta is clearly benefiting from the drug trade. The Organization for Economic Cooperation and Development has added Burma to its blacklist of countries deemed uncooperative in fighting money laundering. As a result of this, the Burmese junta is currently in the process of drafting an Illicit Proceeds and Property Control Law..."
      Author/creator: Peter Gutter
      Language: English
      Source/publisher: "Legal Issues on Burma Journal" No. 10 (Burma Lawyers' Council)
      Alternate URLs: The original (and authoritative) version of this article may be found in http://www.ibiblio.org/obl/docs/Legal_Issues_on%20Burma_Journal_10.pdf
      Date of entry/update: 03 June 2003


    • Criminal law (texts)

      • The Code of Criminal Procedure (Burmese)

        Individual Documents

        Title: Article 401 of the Code of Criminal Procedure (Burmese)/ ျပစ္မႈဆိုင္ရာက်င့ ္ထံုးဥပေဒပုဒ္မ ၄ဝ၁၊
        Date of publication: 01 July 1898
        Description/subject: အက်ဥ္းသား၊ အက်ဥ္းသ ူ (၆၅၁)ဦးအား ျပစ္မႈဆိုင္ရာက်င့ ္ထံုးဥပေဒပုဒ္မ ၄ဝ၁၊ ပုဒ္မခြဲ(၁)အရ လြတ္ၿငိမ္းခ်မ္းသာခြင့ ္ျပဳ ခဲ့သည္ဟု ေရးသားေဖၚျပခဲ့... ျပစ္မႈဆိုင္ရာက်င့ ္ထံုးဥပေဒပုဒ္မ ၄ဝ၁၊ အျပည့္အစံု ကို ေဖၚျပပါသည္။ (ျပစ္ဒဏ္မ်ားကို ဆိုင္းငံ့ထားျခင္း၊ လြတ္ၿငိမ္းသက္သာခြင့္ေပးျခင္းႏွင့္ ေလွ်ာ့ေပါ့ ေျပာင္းလဲျခင္း)...This legislation was cited in the release of prisoners, 13 June 2012
        Language: Burmese/ ျမန္မာဘာသာ
        Source/publisher: Government of the Union of Burma
        Format/size: pdf (286.89K)
        Date of entry/update: 14 January 2012


      • The Code of Criminal Procedure (English)

        Individual Documents

        Title: Article 401 of the Code of Criminal Procedure (English)
        Date of publication: 01 July 1898
        Description/subject: Legislation cited in the release of prisoners, 13th January, 2012
        Language: English
        Source/publisher: Government of the Union of Burma
        Format/size: pdf (37.48K)
        Date of entry/update: 14 January 2012


        Title: The Code of Criminal Procedure of Burma/Myanmar (including schedules)
        Date of publication: 01 July 1898
        Description/subject: Search or navigate from The Table of Contents
        Language: English
        Source/publisher: Government of the Union of Burma
        Format/size: pdf (1.1MB)
        Date of entry/update: 08 December 2012


        Title: The Code of Criminal Procedure: Schedules II, III, IV
        Date of publication: 01 July 1898
        Description/subject: The Code of Criminal Procedure, [India Act V, 1898, 1st July 1898]..... SCHEDULE I: REPEALED (OMMITTED)... SCHEDULE II: TABULAR STATEMENT OF OFFENCES... SCHEDULE III: ORDINARY POWERS OF MAGISTRATES... SCHEDULE IV: ADDITIONAL POWERS WITH WHICH MAGISTRATES MAY BE INVESTED .
        Language: English
        Source/publisher: Union of the Union of Burma via "The Burma Code"
        Format/size: pdf (343K)
        Date of entry/update: 08 December 2012


      • The Penal Code

        Individual Documents

        Title: Articles from the Penal Code which have been used in political cases
        Date of publication: 01 May 1861
        Language: English
        Source/publisher: Government of the Union of Burma
        Format/size: pdf (83K-articles; 784K-Penal Code full text)
        Alternate URLs: http://www.burmalibrary.org/docs6/MYANMAR_PENAL_CODE-corr.1.pdf
        Date of entry/update: 28 May 2012


        Title: The Penal Code
        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


      • Other crime-related laws (texts)

        Individual Documents

        Title: Anti-bribery Bill (English)
        Date of publication: 02 August 2012
        Description/subject: The Bill was approved by the Amyotha Hluttaw on 1 August 2012 (see alternate URL), but I do not know if it has gone further (OBL Lib).
        Language: English
        Source/publisher: Amyotha Hluttaw
        Format/size: pdf (106K)
        Alternate URLs: http://www.burmalibrary.org/docs13/AH-NLM2012-08-02-day19.pdf
        Date of entry/update: 28 April 2013


        Title: Anti-Bribery Bill / လဒ္ေပးလဒ္ယူမႈ ပေပ်ာက္ေရး ဥပေဒၾကမ္း (Burmese)
        Date of publication: 02 August 2012
        Description/subject: Revoking Anti-Corruption Act of 1948 by this law.... ၁၉၄၈ ခုႏွစ္ အဂတိလိုက္စားမႈ တားျမစ္ေရး အက္ဥပေဒ (ဥပေဒ အမွတ္ ၆၇ / ၄၈) ကို ဤဥပေဒ ျဖင့္ ရုပ္သိမ္းလိုက္သည္
        Language: Burmese/ ျမန္မာဘာသာ
        Source/publisher: "Myanmar Alin"
        Format/size: pdf (1.15MB)
        Date of entry/update: 22 September 2012


        Title: The Mutual Assistance in Criminal Matters Law (SPDC Law No. 4/2004)
        Date of publication: 28 April 2004
        Description/subject: The Union of Myanmar: The State Peace and Development Council - The Mutual Assistance in Criminal Matters Law (The State Peace and Development Council Law No. 4/2004)... The 10th Waxing of Kason 1366 ME (28th April, 2004)... The State Peace and Development Council hereby enacts the following Law:- "..This Law shall apply to providing assistance in criminal proceedings with States parties to an international convention or regional agreement to which the Union of Myanmar is a State party or with the State that has entered into bilateral agreement or with the State that will provide reciprocal assistance though not a State party to the international convention or regional agreement or bilateral agreement with respect to investigation, prosecution and judicial proceedings in criminal matters..."
        Language: English
        Source/publisher: SPDC
        Format/size: html (38K)
        Date of entry/update: 02 May 2004


        Title: The Control of Money Laundering Law
        Date of publication: 17 June 2002
        Description/subject: The Union of Myanmar. The State Peace and Development Council. The Control of Money Laundering Law (The State Peace and Development Council Law No. 6/2002). The 7th Waxing Day of Nayon, 1364 M.E. (17th June, 2002)
        Language: English
        Source/publisher: The State Peace and Development Council
        Format/size: html
        Alternate URLs: http://www.myanmar.gov.mm/ministry/home/default.htm
        http://www.myanmar.com/
        Date of entry/update: 08 September 2010


  • Constitutional and parliamentary processes

    • National and State constitutions, draft constitutions, amendments and announcements (texts)

      Individual Documents

      Title: Shan State Constitution (2nd Draft)
      Date of publication: 20 September 2008
      Description/subject: Contents: Foreword for the second draft (A- C)... Preamble... Chapter One Chief Characteristics ... Chapter Two Bill of Rights, Guarantees and Duties ... Chapter Three Member sub-states of Shan State ... Chapter Four Shan State Congress ... Chapter Five Shan State Legislation ... Chapter Six Shan State President ... Chapter Seven Shan State Government ... Chapter Eight Shan State Judiciary ... Chapter Nine Citizenship ... Chapter Ten State Defense and Security Forces ... Chapter Eleven State of Emergency ... Chapter Twelve General Provisions ... Chapter Thirteen Transitional Provisions ... Chapter Fourteen Amendment of the Constitution ... Appendix (1) Shan State Flag (Article 76)... Appendix (2) Shan State Anthem (Article 179) - 3 -... Appendix (3) Structure of Shan State.
      Language: Burmese, English
      Source/publisher: Shan State Constitution Drafting Commission (SSCDC)
      Format/size: pdf (681K)
      Date of entry/update: 06 May 2009


      Title: Constitution of the Republic of the Union of Myanmar (2008) - English
      Date of publication: September 2008
      Description/subject: The official English version.
      Language: English
      Source/publisher: State Peace and Development Council
      Format/size: pdf (748K)
      Date of entry/update: 26 October 2008


      Title: Constitution of the Republic of the Union of Myanmar (2008) - English & Burmese
      Date of publication: September 2008
      Description/subject: The official bilingual version.
      Language: English, Burmese
      Source/publisher: State Peace and Development Council
      Format/size: pdf (698K)
      Date of entry/update: 11 November 2010


      Title: Constitution of the Republic of the Union of Myanmar (2008) - Burmese
      Date of publication: April 2008
      Description/subject: The official Burmese version...The Alternate URL contains a correction to Article 436a.
      Language: Burmese
      Source/publisher: State Peace and Development Council (SPDC)
      Format/size: pdf (468K, 27K)
      Alternate URLs: http://burmalibrary.org/docs4/Draft_Constitution-Burmese-Art436-corr..pdf
      Date of entry/update: 28 March 2008


      Title: Referendum Monitoring Handbook
      Date of publication: April 2008
      Language: Burmese
      Source/publisher: National Coalition Government of the Union of Burma (NCGUB)- Burma Fund
      Format/size: pdf (552K - OBL version; 629MB - original)
      Alternate URLs: http://www.ncgub.net/NCGUB/mediagallery/download7791.pdf?mid=20080411161234549
      Date of entry/update: 14 April 2008


      Title: The Referendum Law for the Approval of the Draft Constitution of the Republic of the Union of Myanmar, 2008 (SPDC Law No. 1/2008)
      Date of publication: 28 February 2008
      Description/subject: The Union of Myanmar The State Peace and Development Council The Referendum Law for the Approval of the Draft Constitution of the Republic of the Union of Myanmar, 2008 (The State Peace and Development Council Law No 1/2008) The 5th Waning Day of Tabodwe 1369ME (26th February,2008)
      Language: English
      Source/publisher: State Peace and Development Council
      Format/size: pdf (English - 37K), (Burmese - 164K)
      Alternate URLs: http://www.ibiblio.org/obl/docs4/Referendum_Law-2008-02-26-Bu.pdf
      Date of entry/update: 27 February 2008


      Title: Announcements 1/2008 and 2/2008
      Date of publication: 11 February 2008
      Description/subject: "...it is most appropriate to transform the administration of Tatmadaw into democratic administration of the people. Thus, in accordance with the forthcoming State Constitution, the multi-party democracy general elections will be held in 2010...Approval of the Constitution draft will be sought in a National Referendum to be held in May 2008... In accordance with the forthcoming State Constitution, the multi-party democracy general elections will be held in 2010...NAY PYI TAW, 10 Feb—The State Peace and Development Council of the Union of Myanmar issued Announcement Nos 1/2008 and 2/2008 yesterday. The following is the full text of the announcements—..."
      Language: English
      Source/publisher: "The New Light of Myanmar"
      Format/size: pdf (285K)
      Date of entry/update: 13 February 2008


      Title: The Fifth Draft of Chinland Constitution
      Date of publication: 2008
      Description/subject: PART ONE:(1)Preamble..(2)Part One:The territory of Chinland..(3)Part Two:Presiding Ideals..(4) Part Three:Individual Rights..(5) Part Four:Individual Duties..(6) Part Five:Language..(7) Part Six:Chin Ethnicity and Culture..(8) Part Seven:Citizenship..(9) Part Eight:Suffrage.. (10) Part Nine:The Legislature (11)Part Ten:The Executive..(12)Part Eleven:The Judiciary..(13)Part Twelve:Administration..(14)Part Thirteen:The Civil Service Commission..(15)Part Fourteen:Impeachment..(16)Part Fifteen:Local Government..(17)Part Sixteen:Finance, Revenue, and Taxation..(18)Part Seventeen:Public Education..(19)Part Eighteen:Public Health..(20)Part Nineteen:Public Welfare..(21)Part Twenty:Culture and Media..(22)Party Twenty-One:State Armed Forces..(23)Part Twenty-Two:State of Emergency..(24)Part Twenty-Three:General Provision..(25)Part Twenty-Four:Inter-State and State-Federal Relations..(26)Part Twenty-Five:Amendment of Constitution..(27)Part Twenty-Six:Ratification..... PART TWO:Suppression of Chin National Movement for Federalism..... PART THREE:(i)The Chin Forum Managing Board (CFMB)... (ii) Chin Forum Chronology of Events
      Language: English
      Source/publisher: The Chin Forum
      Format/size: pdf (1.11 MB)
      Date of entry/update: 16 September 2010


      Title: The Fundamental Principles and Detailed Basic Principles (Burmese)
      Date of publication: 10 September 2007
      Description/subject: The 15 chapters of principles adopted by the National Convention which the SPDC has said will form the basis of a new constitution.
      Language: Burmese
      Source/publisher: "The New Light of Myanmar" via Khin Kyaw Han
      Format/size: pdf (1MB)
      Date of entry/update: 03 October 2007


      Title: The Fundamental Principles and Detailed Basic Principles (English)
      Date of publication: 10 September 2007
      Description/subject: The 15 chapters of principles adopted by the National Convention which the SPDC has said will form the basis of a new constitution.
      Language: English
      Source/publisher: "The New Light of Myanmar" via Khin Kyaw Han
      Format/size: pdf (546K)
      Date of entry/update: 14 September 2007


      Title: Karenni State: Second Draft Constitution
      Date of publication: 2007
      Description/subject: 1. The Emergence of Karenni State Constitution; 2. Introduction; 3. Preamble; 4. The Attributes of the Karenni State; 5. The Basic rights; 6. The Structure of the Karenni State; 7. The Chambers of the State Parliament; 8. The Karenni State Legislation Process; 9. The State Government; 10. The Judiciary; 11. Financial Ordinances; 12. Citizenship; 13. Maintaining Customs its Chieftains; 14. Institution of the Commissions; 15. Amending of the Constitution; 16. National Emergency Law; 17. National Defense; 18. Police Force; 19. National Economy. N. B. the text is undated. We have guessed at a date in 2007.
      Language: English, Burmese
      Source/publisher: Karenni State Constitution Drafting Committee
      Format/size: pdf (522K)
      Date of entry/update: 23 September 2007


      Title: Draft Constitution of Future Rahmonya Mon State
      Date of publication: December 2006
      Description/subject: THE FORMATION OF RAHMONYA MON STATE; THE RIGHTS OF THE PEOPLE; THE STATE PARLIAMENT AND THE FEDERAL PARLIAMENT; ELECTION OF REPRESENTATIVES OF THE HOUSE OF RAHMONYA MON STATE PARLIAMENT; RELATIONSHIP BETWEEN RAHMONYA MON STATE AND FEDERAL UNION; RAHMONYA MON STATE GOVERNMENT; LEGISATION (MAKING LAWS); THE JUDICIALSYSTEM OF RAHMONYA MON STATE; PUBLIC SERVANTS; NATURAL RESOURCES AND THE ENVIRONMENT; EDUCATION; WORKERS; HEALTH; FINANCE AND TREASURY; TAXATION AND REVENUES; THE ECONOMY; DEFENCE AND SECURITY; SOCIAL SECURITY; FARMERS (INCLUDING GARDENERS, CULTIVATORS ETC.); ETHNIC GROUPS OR RACES OF RAHMONYA MON STATE; PUBLIC RELATIONS; AMENDMENT OF THE CONSTITUTION;
      Language: Burmese and English
      Format/size: pdf (361K)
      Date of entry/update: 18 September 2007


      Title: The Second Proposed Draft of Future Constitution of Kawthoolei (Karen State)
      Date of publication: 08 August 2006
      Description/subject: Table of Contents: Bill of Rights; General Provisions; Legislature; Executive; Judiciary; Suffrage and Elections; Local Government; Finance and Taxation; Education; Amendments; Miscellaneous.
      Language: English, Burmese
      Source/publisher: Karen State Constitution Drafting Committee (SCDC)
      Format/size: pdf (222K)
      Date of entry/update: 23 September 2007


      Title: Shan State Constitution, First Draft
      Date of publication: 24 May 2006
      Description/subject: CONTENT Forward; Preamble; Founding Provision; Supremacy of Constitution... CHAPTER [1] Characteristics; Name: Shan State; Supremacy of Constitution; Citizenship; National Flag; National Anthem; National Capital; Nation Seals; A multi-ethnic Nation/State... CHAPTER [2] Bill of Rights; Human dignity; Freedom and Security; Religion and belief; Freedom of expression and information; Freedom of Assembly; Freedom of Association; Freedom of movement and residence; Freedom of trade; Labor Rights; Land and property ownership rights; Right to environmental protection; The right to informed choice; The right to be served by the Public Institutions; Rights Abuse Prevention Measure; Human Rights Promotion Measure; The rights to recall and impeachment; Duty and Responsibility of Citizens and Civil Society Organizations; Duty of Media and its Responsibility; Rights of differently able people; Rights of people to initiate legislation... CHAPTER [3] Legislature... CHAPTER [4] Legislative Powers; National Congress; Legislative Powers of National Congress; Formation of House of Nationalities; Exclusive legislative power; Ordinary Bills; Formation of House of People’s Representatives; Legislative Power of House of People’s Representatives; State Constitution (Constituent State); Special Provision; Formation of the State Legislature; Legislative Power [Const State]; House of National Ethnics; Formation of State House of People’s Representatives; Legislative powers provided for the State House of People’s ; Representatives; Legislative powers provided for the Sub-States and ; Autonomous Regions; Local Government; Municipal of Township Administration; Village Tract Administration; Village Administration... CHAPTER [5] National Executive. Federal Union Executive; Constituent State’s Executive... CHAPTER [6] Judicial Power [Judiciary]... CHAPTER [7] General Provisions; Note: Spread out to other chapters/provisions... CHAPTER [8] The amendment of the constitution.
      Language: English
      Source/publisher: Shan State Constitution Drafting Commission
      Format/size: pdf (244K)
      Date of entry/update: 18 September 2007


      Title: The Constitution of the Federal Union of Burma (First Draft)
      Date of publication: April 2006
      Description/subject: Commentary and text. This text, based on the draft adopted by the Democratic Alliance of Burma (DAB) in 1993, was adopted by the National Council of the Union of Burma (NCUB) as its First Draft, at the Fourth Conference of the NCUB, May 16-23, 1996..." We the peoples of the Federal Republic of the Union of Burma, with complete faith in the universal principles of freedom, equality and justice, do hereby adopt this Constitution for the Federal Republic of the Union of Burma in order to establish a multi-national country that is peaceful, prosperous, and enduring. In the land of this Federal Union, many different nationalities have lived, each with their own sovereignty and independence, ever since ancient times. Although each nationality lived independently for most of its history, they all fell under the long occupation and servitude of the British colonialists. In order to regain its own freedom more quickly, each nationality joined with the others so as to obtain independence from the colonial power together, and they thus formed a Federal Union at the Panglong Conference in the year 1947. The Conference unanimously adopted the Panglong Agreement which guaranteed ethnic equality, self-determination, and democratic rights. Although the Agreement promised that the new states of the union could govern themselves, those in power failed to implement the Agreement. Civil war ensued for more than half a century, during which countless lives were sacrificed and natural resources wasted. Since 1962, the peoples of Burma have suffered under a series of dictatorial regimes with different names but a common history of denying democratic rights, human rights, and the rights of self-determination for ethnic nationalities who joined the Union as equal partners in 1947. We shall never forget the heart-breaking experiences that the people of the Federal Union have had to endure. In order to prevent a recurrence of the mistakes of the past and to realize the future aspirations of all our peoples, we based this Constitution on the fundamental principles of political equality for all ethnic nationalities, the rights of self-determination for all member states of the Federal Union,and the democratic rights for all citizens. This Constitution further provides guarantees for human rights and gender equality; minority rights for all religious and ethnic groups; and the separation of politics and religion. In order to prevent the recurrence of military dictatorship, this Constitution enshrines civilian control of the armed forces. We establish this Constitution so as to secure the blessings of liberty to ourselves and future generations. Banishing all the past outrages, shattering the dark, shining the light, and establishing the dignity of the Federal Union among the family of nations, this Constitution shall become the highest law of the Federal Republic of the Union of Burma. We the peoples of the Republic of the Federal Union of Burma, with complete faith in the universal principles of freedom, equality and justice, do hereby adopt this Constitution for the Federal Republic of the Union of Burma in order to establish a multi-national country that is peaceful, prosperous, and enduring. In the land of this Federal Union, many different nationalities have lived, each with their own sovereignty and independence, ever since ancient times. Although each nationality lived independently for most of its history, they all fell under the long occupation and servitude of the British colonialists. In order to gain its own freedom more quickly, each nationality joined with the others so as to obtain independence from the colonial power together, and thus they formed a federal union at the Panglong Conference in the year 1947. The Conference unanimously adopted the Panglong Agreement which guaranteed ethnic equality, self-determination, and democratic rights. Although the Agreement promised that the states of the union could govern themselves, those in power failed to implement the Agreement. Civil war ensued for more than half a century, during which countless lives were sacrificed and natural resources wasted. Since 1962, the peoples of Burma have suffered under a series of dictatorial regimes with different names but a common history of denying democratic rights, human rights, and the rights of self-determination for ethnic nationalities who joined the Union as equal partners in 1947. We shall never forget the heart-breaking experiences that the people of the Federal Union have had to endure. In order to prevent a recurrence of the mistakes of the past and to realize the future aspirations of all our peoples, we based this Constitution on the fundamental principles of political equality for all ethnic nationalities, the rights of self-determination for all member states of the Federal Union; and the democratic rights for all citizens. This Constitution further provides guarantees for human rights and gender equality; minority rights for all religious and ethnic groups; and the separation of politics and religion. In order to prevent the recurrence of military dictatorship, this Constitution enshrines civilian control of the armed forces. We establish this Constitution so as to secure the blessings of liberty to ourselves and future generations. Banishing all the past outrages, shattering the dark, shining the light, and establishing the dignity of the Federal Union among the family of nations, this Constitution shall become the highest law of the Republic of the Federal Union of Burma..."
      Language: English, Burmese
      Source/publisher: Ethnic Nationalities Council
      Format/size: PDF (493K)
      Alternate URLs: http://www.burmalibrary.org/docs09/ENC-draft-bur.pdf (Burmese)
      http://www.blc-burma.org/lr_con.html#ncub
      Date of entry/update: 08 December 2010


      Title: Kachin State Constitution (Draft)
      Date of publication: 2006
      Description/subject: Contents: Chapter (1) Kachin State; Chapter (2) Fundamental Rights and Freedoms; Chapter (3) Kachin State Legislative Assembly; Chapter (4) Kachin State Government; Chapter (5) Suffrage and Elections; Chapter (6) Judiciary; Chapter (7) Inter-Governmental Relations; Chapter (8) Emergencies; Chapter (9) General Provisions; Chapter (10) Transitional Provisions; Chapter (11) Amendment of the Constitution.
      Language: English, Burmese
      Source/publisher: Kachin State Constitution Drafting Committee
      Format/size: pdf (513K)
      Date of entry/update: 03 October 2007


      Title: THE FOURTH INITIAL DRAFT OF CONSTITUTION OF CHINLAND
      Date of publication: May 2004
      Description/subject: ချင်းလဲန်းဖွဲ့စည်းပုံအခြခံမူကြမ်း(၄): "အပိုင်း(၁)ချင်းအမျိုးသားများ၏နောက်ခံသမိုင်းများ" (၁)ချင်းအမျိုးသားများ၏နိုင်ငံရေးနှင့်လူမှုရေး နောက်ခံသမိုင်းအကျဉ်း (၂)နိုင်ငံရေးနောက်ခံသမိုင်း (၃)ချင်းလူမျိုးတို့၏လွတ်လပ်သောနိုင်ငံတည်ထောင်ပိုင်ခွင့် (၄)ပြည်ထောင်စုမြန်မာနိုင်ငံ ဖွဲ့စည်းမှု အဖွဲ့ဝင်အဖြစ်ချင်းလူမျိုးများပါဝင်ခြင်း (၅)အင်္ဂလိပ်အုပ်ချုပ်မှုမတိုင်ခင်လွတ်လပ်သော ချင်းလဲန်းနှင့် ယနေ့ချင်းလဲန်း (၆)ချင်းလူမှုရေးနှင့်ယဉ်ကျေးမှုနောက်ခံသမိုင်း "အပိုင်း(၂)ဖက်ဒရယ်ပြည်ထောင်စုပြန်လည်တည်ဆောက်ရန် ချင်းအမျိုးသားများ၏တောင်းဆိုချက်များ" (၁)ပြည်ထောင်စုမြန်မာနိုင်ငံအားဖက်ဒရယ်ပြည်ထောင်စုအဖြစ် ပြန်လည် ဖွဲ့စည်းခြင်း (၂)ဖက်ဒရယ်ပြည်ထောင်စုပြန်လည်ဖွဲ့စည်းနိုင်ရေး အခြေခံသဘောတရားများ (၃)ချင်းလဲန်းဖွဲ့စည်းပုံအခြေခံဥပဒေနှင့်အစိုးရဖွဲ့စည်းပုံများ "အပိုင်း(၃)ချင်းလဲန်းဖွဲ့စည်းအုပ်ချုပ်ပုံမူကြမ်း" (၁)ချင်းလဲန်းဖွဲ့စည်းအုပ်ချုပ်ပုံအခြေခံဥပဒေနိဒါန်း (၂)ချင်းလဲန်းပိုင်နက်နယ်မြေ (၃)ချင်းပြည်သူတို့၏ဆန္ဒ (၄)တသီးပုဂ္ဂလအခွင့် အရေးများ (၅)တသီးပုဂ္ဂလတာဝန်များ (၆)ချင်းနိုင်ငံသားဖြစ်မှုနှင့် အမျိုးသားရေး (၇)ရွေးကောက်တင်မြောက်ခြင်း (၈)ဥပဒေပြုရေး (၉)အုပ်ချုပ်ရေး (၁၀)တရားစီရင်ရေး (၁၁)အုပ်ချုပ်ရေး (စီမံခန့်ခွဲရေး) (၁၂)ပြည်သူ့ဝန်ထမ်းကော်မရှင် (၁၃)ရာထူးမှဖယ်ရှားခြင်း (၁၄)ဒေသန္တရအစိုးရ (၁၅)ဘဏ္ဍာရေး၊အကောက်ခွန်နှင့် ဘဏ္ဍာတော် (၁၆)ပြည်သူ့ပညာရေး (၁၇)ပြည်သူ့ကျန်းမာရေး (၁၈)ပြည်သူ့လူမှုဖူလုံရေး (၁၉)ယဉ်ကျေးမှုနှင့် လူထု ဆက်သွယ်ရေး (၂၀)ချင်းလဲန်းလက်နက်ကိုင်အဖွဲ့ (၂၁)အထွေထွေဥပဒေများ (၂၂)ပြည်နယ်များနှင့် ပြည်နယ်ဖက်ဒရယ်ဆက်ဆံမှု (၂၃)ပြင်ဆင်ဖြည့်စွက်ခြင်း၊အချက်ပို (၁)
      Language: မြန်မာဘာသာ/အင်္ဂလိပ်ဘာသာ
      Source/publisher: The Chin Forum
      Format/size: pdf (434 KB)
      Alternate URLs: http://www.chinforum.org/cfconstitutions/4th_cc_eng_bur.pdf (Burmese&English)
      http://www.chinforum.org/cfconstitutions/4th_chin_con.pdf (English)
      Date of entry/update: 15 September 2010


      Title: Arakan State Constitution (The First Proposed Draft)
      Date of publication: 2004
      Description/subject: Preamble: The Constitution of Arakan State is instituted for the preservation of a united and durable Arakan Nation; and for every citizen to be fulfilled in justice, life, liberty, prosperity, respect, dignity, kindness, tradition, and faith... Part One: Bill of Rights; Part 2: Formation of the State;Part 3: Provision of citizenship; Part 4: Provision of Voting Rights and Creation of Constituency: Part 5: Administrative power; procedure for the transfer of power; Part 6: Legislative Power; Part 7: Judicial; Part 8: State Government Administration.
      Language: Burmese, English
      Source/publisher: Arakan State Constitution Drafting Committee (Arakan National Council)
      Format/size: pdf (662K)
      Date of entry/update: 03 October 2007


      Title: Federalism, State Constitutions And Self-Determination in Burma_Report on State Constitutions Drefting Process
      Date of publication: 2003
      Description/subject: Part One: Burmese Section:ပြည်နယ်များ၏ဖွဲ့စည်းပုံအခြေခံဥပဒေရေးဆွဲရေးလုပ်ငန်းစဉ်နှင့်ပတ်သတ်သောအစီရင်ခံစာ (ဆလိုင်းလျန်မှုန်းဆာခေါင်း) Part Two: English Section 1.Introduction:(i)Foreword (Chao-Tzang Yawnghwe)(ii)Report on State Constitutions Drafting Process(Lian H. Sakhong) 2.Federalism, State Constitutions and Self-Determination:(i)Federalism, State Constitutions and Ethnic Self-Determination (Chao-Tzang Yawnghwe)(ii)Burma:State Constitutions and the Challenges Facing the Ethnic Nationalities (Chao-Tzang Yawnghwe) 3.The Role of State Constitutions in the Protection of Nationality and Monitority Rights:Lessons From Other Countries (i)Australian Federalism, State Constitutions and the Protection of minority Rights (Cheryl Saunders)(ii)Federalism, Diversity and Minority Rights: What can we learn from India (Yogendra Yadav) (iii)Nigeria'sExperience in Managing the Challenges of Ethnic and Religious Diversity through Constitutional Provisions (Otive Igbuzor) 4.American Model Of State Constitutions:(i)Model State Constitution 5.German Model Of Local Governments: (i)Federalism and Local Self-Governmennt in Germany (Harald Hofmann)
      Author/creator: Chao-Tzang Yawnghwe and Lian H.Sakhong
      Language: အင်္ဂလိပ်ဘာသာ/မြန်မာဘာသာ
      Source/publisher: ENC "PEACEFUL CO-EXISTENCE: Towards Federal Union of Burma [Series No.5]"
      Format/size: pdf (942 KB)
      Date of entry/update: 14 September 2010


      Title: The original chapters on Fundamental Principles and Detailed Basic Principles
      Date of publication: 1996
      Description/subject: The original chapters on Fundamental Principles and Detailed Basic Principles adopted by the National Convention These chapters, 1. State fundamental principles; 2. State Structure; 3. Head of State; 4. Legislature; 5. Executive; 6. Judiciary were adopted by the National Convention between 1993 and 1996. In 2007, in the process of completing the National Convention, some changes were made to the original versions and incorporated into the document issued as “Fundamental Principles and Detailed Basic Principles” (Adopted by the National Convention), online at http://www.ibiblio.org/obl/docs4/DBP-KKH-2.pdf For the record, and in case anyone wants to compare the versions, they are presented here, along with the section on Self-Administered Divisions and Self-Administered Zones which was not allocated to a specific chapter. Sources: “The New Light of Myanmar” -- see http://www.burmalibrary.org/show.php?cat=1314&lo=d&sl=0
      Language: English
      Source/publisher: "The New Lilght of Myanmar"
      Format/size: pdf (323K)
      Date of entry/update: 03 October 2007


      Title: NLD Interim Constitution
      Date of publication: 28 July 1990
      Description/subject: Amendments to the 1947 Original Law of the Constitution
      Language: English
      Source/publisher: National League for Democracy
      Format/size: html
      Date of entry/update: 15 December 2010


      Title: The Constitution of the Socialist Republic of the Union of Burma ("The 1974 Constitution")
      Date of publication: 03 January 1974
      Language: English
      Source/publisher: Government of the Union of Burma
      Format/size: html, pdf (150K)
      Alternate URLs: http://www.unhcr.org/refworld/country,LEGAL,,,MMR,,3ae6b5b64,0.html
      http://www.blc-burma.org/html/Constitution/1974.html
      Date of entry/update: 03 June 2003


      Title: Shan Federal Proposal, 1961
      Date of publication: 25 February 1962
      Description/subject: Document containing proposals For the REVISION of the CONSTITUTION OF THE UNION OF BURMA submitted by THE SHAN STATE, translated by Sao Singha. This document was ratified by the Convention, attended by delegates from the entire Shan State, which was held in Taunggyi on Saturday, 25th of February, 1961.
      Language: English
      Format/size: html
      Date of entry/update: 08 December 2010


      Title: The Constitution of the Union of Burma, 1947 ("The 1947 Constitution")
      Date of publication: 24 September 1947
      Description/subject: html version plus a facsimile version
      Language: English
      Source/publisher: Constituent Assembly of Burma
      Format/size: html, pdf (2.7MB - facsimile)
      Alternate URLs: http://www.burmalibrary.org/docs07/1947Constitution-facsimile-red.pdf
      Date of entry/update: 03 June 2003


      Title: Government of Burma Act, 1935 ("The 1937 Constitution")
      Date of publication: 02 August 1935
      Description/subject: "An Act to make further provision for the government of Burma. [2nd August 1935.] Be it enacted by the King’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:- PART I. INTRODUCTORY 1. This Act may be cited as the Government of Burma Act, 1935. 2. (1) All rights, authority and jurisdiction heretofore belonging to His Majesty the King, Emperor of India, which appertain or are incidental to the government of the territories in Burma for the time being vested in him and all rights, authority and jurisdiction exercisable by him by treaty, grant, usage, sufferance or otherwise in, or in relation to, any other territories in Burma, are exercisable by His Majesty, except in so far as may be otherwise provided by or under this Act, or as may be otherwise directed by His Majesty. (2) The said rights, authority and jurisdiction shall include any rights, authority or jurisdiction heretofore exercisable in relation to any territories in Burma by the Secretary of State, the Secretary of State in Council, the Governor-General of India, the Governor-General of Indian in Council, the Governor of Burma or the Local Government of Burma, whether by delegation from His Majesty or otherwise..."
      Language: English
      Source/publisher: HMSO
      Format/size: pdf (407K)
      Date of entry/update: 16 March 2010


      Title: PROPOSALS OF THE GOVERNMENT OF INDIA FOR A NEW CONSTITUTION FOR BURMA.
      Date of publication: 1920
      Description/subject: 1. Letter from the Government of India to the Secretary of state for India, No. 1 (Reforms), dated 25th March, 1920: Enclosures in No. 1.: 1. Resolution by tbe Government of Burma, No. 1 L—7, dated 17th December, 1918, publishing for discussion and criticism a provisional scheme of reform ... Annexures to Enclosure No. 1. 1. Budget Committee under the proposed scheme; 2. (1) Board for Home Affairs; (2) Board of Revenue and Finance; (3) Board of Development ; (4) Board of Local Self-Government... 3. Summary of Recommendations..... 2. Government of Burma's first scheme.: Letter from the Government of Burma to the Government of India, No. 21—1—L—1. dated 2 June, 1919.... Annexures to Enclosure No. 2. 1. Speech by Sir Reginald Craddock, Lieutenant-Governor of Burma, 19th April, 1919, (Extract); 2. Proposed grouping of towns for purpose of representation on the Burma Legislative Council; 3. Budget Committee under the proposed scheme; 4. (1) Board for Home Affairs... (2) Board of Revenue and Finance; (3) Board of Development; (4) Board of Local Self-Govermnent ….. 3. Criticism by the Government of India of the first scheme of the Government of Burma. Letter from the Government of India to the Government of Burma, No. 2425, dated 18th November, 1919; 4. Second scheme of the Government of Burma; Letter from the Government of Burma to the Government of India, No. 59 T—1—L—8, dated 22nd January, 1920 .
      Language: English
      Source/publisher: Government of India via His Majesty's Stationary Office
      Format/size: pdf (3.4MB)
      Date of entry/update: 04 September 2012


    • National and State constitutions, draft constitutions and amendments (commentary)

      Individual Documents

      Title: Institutional Design for Divided Societies: A Blue-print for a multi-ethnic Burma
      Date of publication: May 2012
      Description/subject: "The retrospective analysis of an institutional breakdown – democratic breakdown – in the union of Burma demonstrates that over six decades of conflict in Burma is rooted in a constitutional arrangement that fails to recognize the existence of ethno-cultural cleavages, resulting in the denial of power to territorially concentrated ethnic national minorities. Therefore, in this article, I argue that an asymmetrical federation with a written constitution is the most viable governance framework for a democratic future Burma due to its multi-ethnic segmental cleavages such as ethnicity, language, religion, culture, and territory. Such a constitutional federation will ensure shared rule for a common Union and self-rule for federating states drawn upon ethnic lines. To contextualize an institutional design for future Burma in a comparative international perspective, I examine the core arguments put forward by the integrationist and accommodationist camps as a theoretical framework within which to discuss the management of societal divisions, including their implications and applicability to Burma. To prove that a constitutional federation that draws together elements of both integrationist and accommodationist theory, I revisit and analyse reasons behind the constitutional crises of Burma, the basis upon which Burma emerged as a country, the composition of its ethnic fragmentations, and competing visions of the Union of Burma itself. With respect to an institutional design for a future Burma, there are two main components in my proposal: a disproportional upper chamber in the union legislature, whereby I envision an equal number of representatives from each constituent state; and separate legislatures and constitutions for each federating unit, dividing power between central and state governments along the line of US states and Canadian provinces. Lastly, I look at the current provisional constitution drafted by leaders of a democratic opposition – seven ethnic national minorities - in anticipation of a future federal Union of Burma..."
      Author/creator: Zaceu Lian
      Language: English
      Source/publisher: Burma Centre for Ethnic Studies (Working Paper No. 1)
      Format/size: pdf (377K - OBL version; 868K - original)
      Alternate URLs: http://burmaethnicstudies.net/pdf/BCES-WP-1.pdf
      Date of entry/update: 17 May 2012


      Title: Preliminary Analysis of Myanmar’s 2010 Electoral Laws
      Date of publication: 31 March 2010
      Description/subject: "This briefing paper is intended to give a concise overview of the main provisions of the electoral laws and bylaws issued by the Myanmar authorities in March 2010, and to discuss some of the implications of the most important provisions. These laws establish the detailed framework for the first elections in Myanmar for 20 years, which will take place later this year on a date yet to be announced. These elections, while they will not be free and fair, nevertheless represent the most important political shift in a generation. A new political space will be created – however constrained it may be – along with a set of new State institutions. The ageing military leadership will also hand over the reins of power to a new generation. It is therefore vital to have a clear understanding of this legislation and its likely consequences; however, much of the debate so far has been based on a hasty and often erroneous reading of the laws..."
      Author/creator: Richard Horsey
      Language: English
      Source/publisher: Conflict Prevention and Peace Forum
      Format/size: pdf (149K)
      Date of entry/update: 03 April 2010


      Title: Major flaws in the 2008 constitution
      Date of publication: 06 March 2010
      Description/subject: "Burma’s constitution was ratified in the days following cyclone Nargis in May 2008 by an alleged 92 percent of the population, out of a total 98 percent who turned out to vote, the ruling junta asserted. International observers have said however that voter intimidation and corruption, not to mention the deaths of 140,000 people from the cyclone, distorted the real picture, particularly as the cyclone prevented millions from accessing polling booths. The constitution will play a key role in the results of elections this year; several clauses bar opposition leader Aung San Suu Kyi from participating, while other deliberately vague laws appear to permit use of intimidation and threats against opposition by the government. Critics of the ruling junta have already said that the elections will be a charade aimed at cementing military rule in Burma..."
      Author/creator: Aung Htoo
      Language: English
      Source/publisher: Democratic Voice of Burma (DVB)
      Format/size: html
      Date of entry/update: 26 October 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: Above the Law
      Date of publication: November 2009
      Description/subject: Burma’s rulers will continue to lean heavily on the judiciary to impose their vision of a “discipline-flourishing democracy”... "After decades of military rule, many Burmese are no longer aware that their country had one of the most progressive judicial systems in the region after independence in 1948. Judges had secure salaries and could only be removed for misbehavior or incapacity. The courts were not afraid to challenge the executive, and the Supreme Court proclaimed that the 1947 Constitution should be interpreted in a “liberal and comprehensive spirit.” Even at the height of insurgencies against Rangoon in the late 1940s, the Supreme Court ordered police to release men who had been detained illegally. ILLUSTRATION: HARN LAY/THE IRRAWADDY The slide from a judiciary with integrity to its present role as defender of the military began when the late Gen Ne Win seized power and imprisoned Chief Justice Myint Thein for six years—longer than he imprisoned former Prime Minister U Nu. When Ne Win drafted the 1974 Constitution, he removed any remaining separation between the judiciary and the government. He packed the Council of People’s Justice, which replaced the Supreme Court, with members of the Burma Socialist Programme Party. The Constitution required the court to “protect the socialist system” rather than the rights of Burmese citizens. Although the military revived the Supreme Court in 1988, Human Rights Watch maintains that judges still “serve at the whim of the SPDC and must follow the directives of the military.”..."
      Author/creator: Arnold Corso
      Language: English
      Source/publisher: "The Irrawaddy" Vol. 17, No. 8
      Format/size: html
      Date of entry/update: 28 February 2010


      Title: MYANMAR: Institutionalized denial of fundamental rights and the 2008 Constitution of Myanmar -- Human Rights Council, 12th Session
      Date of publication: 07 September 2009
      Description/subject: "...The deeply flawed 2008 Constitution further entrenches arrangements for abuses of the sorts outlined above, and any serious attempts from the international community to take up issues of concern to the people of Myanmar in the lead up to and after the anticipated election must respond to the peculiar variety of unconstitutional constitutionalism that it envisages. In particular, the following aspects of the charter must be brought to the foreground and addressed before it is possible to proceed to more in-depth discussion about human rights in Myanmar under a government operating according to its parameters:..."
      Language: English
      Source/publisher: Asian Human Rights Commission via UN Human Rights Council (A/HRC/12/NGO/21)
      Format/size: pdf (36K)
      Alternate URLs: http://www.ahrchk.net/statements/mainfile.php/2006statements/2201/
      Date of entry/update: 04 December 2009


      Title: MYANMAR: TOWARDS THE ELECTIONS
      Date of publication: 20 August 2009
      Description/subject: Executive Summary: "The bizarre prosecution and conviction of opposition leader and Nobel Peace laureate Aung San Suu Kyi for violating her house arrest has returned attention to repression in Myanmar, as preparations were underway for the first national elections in twenty years, now scheduled for 2010. This further undermined what little credibility the exercise may have had, especially when based on a constitution that institutionalises the militaryâ�" a number of prominent regime opponents have been arrested and sentenced to prison terms over the last year â�" the constitution and elections together will fundamentally change the political landscape in a way the government may not be able to control. Senior Generals Than Shwe and Maung Aye may soon step down or move to ceremonial roles, making way for a younger military generation. All stakeholders should be alert to opportunities that may arise to push the new government toward reform and reconciliation. At first glance, the obstacles to change seem over­whelming. The 2008 constitution entrenches military power by reserving substantial blocs of seats in the national and local legislatures for the army, creating a strong new national defence and security council and vesting extraordinary powers in the commander-in-chief. It prevents Aung San Suu Kyi from standing for president, even if she were not imprisoned. It is extremely difficult to amend. And while not all regulations relating to the administration of the elections have been an­nounced, they are unlikely to offer much room for manoevre to opposition parties. But the elections are significant because the controversial constitution on which they are based involves a complete reconfiguration of the political structure â�" establishing a presidential system of government with a bicameral legislature as well as fourteen regional governments and assemblies â�" the most wide-ranging shake-up in a generation. The change will not inevitably be for the better, but it offers an opportunity to influence the future direction of the country. Ultimately, even assuming that the intention of the regime is to consolidate military rule rather than begin a transition away from it, such processes often lead in unexpected directions. This report looks at the elections in the context of Myan­mar�s constitutional history. It examines key provisions of the 2008 constitution and shows how many of the controversial articles were simply taken from its 1947 or 1974 predecessors. Noteworthy new provisions include strict requirements on presidential candidates, the establishment of state/regional legislatures and governments, the reservation of legislative seats for the military, military control of key security ministries, the authority granted to the military to administer its own affairs (in particular military justice) and the creation of a constitutional tribunal. Criticism of the constitution from groups within Myan­mar has focused on military control, ethnic autonomy, qualifications for political office, and the very difficult amendment procedures. The main reaction of the populace to it and the forthcoming elections is indifference, rooted in a belief that nothing much will change. Some of the so-called ceasefire groups â�" ethnic minorities that have ended their conflicts with the government â�" are endorsing ethnic political parties that will take part in the polls. These groups take a negative view of the constitution but feel that there may be some limited opening of political space, particularly at the regional level, and that they should position themselves to take advantage of this. There are increased tensions, however, as the regime is pushing these groups to transform into border guard forces partially under the command of the national army. The National League for Democracy (NLD), winner of the 1990 elections, has said it will only take part if the constitution is changed, and it is given the freedom to organise. Assuming this will not happen, it is not yet clear if it will call for a complete boycott in an attempt to deny the elections legitimacy or urge its supporters to vote for other candidates. A boycott could play into the hands of the military government, since it would not prevent the election from going ahead and would mainly deprive non-government candidates of votes, potentially narrowing the range of voices in future legislatures. The Myanmar authorities must make the electoral process more credible. Aung San Suu Kyi and all other political prisoners must be released now and allowed to participate fully in the electoral process; politically-motivated arrests must cease. It also critical that key electoral legislation be promulgated as soon as possible, in a way that allows parties to register without undue restriction, gives space for canvassing activities and ensures transparent counting of votes. The international community, including Myanmar�s ASEAN neighbours, must continue to press for these measures while looking for opportunities that the elections may bring. This will require a pragmatic and nuanced strategy towards the new government at the very time, following a deeply flawed electoral process, when pressure will be greatest for a tough stance. The new Myanmar government, whatever its policies, will not be capable of reversing overnight a culture of impunity and decades of abuses and political restrictions. But following the elections, the international community must be ready to respond to any incremental positive steps in a calibrated and timely fashion. To have any hope of inducing a reform course, it is critical to find ways to communicate unambiguously that a renormalisation of external relations is possible..."
      Language: English
      Source/publisher: International Crisis Group (Asia Report N°174)
      Format/size: pdf (2.5MB)
      Alternate URLs: http://www.crisisgroup.org/~/media/Files/asia/south-east-asia/burma-myanmar/174_myanmar___towards_t...
      Date of entry/update: 24 August 2009


      Title: Comparative Studies: Constitution of the Republic of the Union of Myanmar (2008)
      Date of publication: August 2009
      Language: Burmese
      Source/publisher: National Union of the Union of Burma (NCGUB)
      Format/size: pdf (971K)
      Date of entry/update: 12 February 2010


      Title: An Independent Analysis of the Principal Elements of the 2008 Constitution
      Date of publication: 2009
      Description/subject: Reproduced, with the author’s permission, from “The State in Myanmar” by Robert H Taylor published in 2009 by Hurst & Company, London..."The 2008 constitution contains a number of points that attempt to address issues that had grown out of the state in Myanmar’s post-colonial history. Among these, most prominently and controversially, in addition to the power and autonomy of the armed forces under the constitution, and the complex issue of political autonomy for ethnicallydesignated groups, was the distribution of power between the executive, legislature and judiciary at various levels of government. The constitution is the army government’s attempt to cast these issues in terms that will be politically resolvable and will avoid in the future both the severe conflicts of the civil war and the popular upheaval of 1988. Whether the constitution proves to be more durable and adaptable than its two predecessors, of course, is a question that future historians will answer..."
      Author/creator: Robert Taylor
      Language: English
      Source/publisher: Network Myanmar
      Format/size: pdf (124K)
      Date of entry/update: 10 March 2010


      Title: Constitutionalism Before Constitutions: Burma's Struggle to Build a New Order
      Date of publication: 2009
      Description/subject: "In at least some cases - and Burma is one - seeking trust, integration, and unity in the abstract may be neither useful nor even possible. Instead, a reconciliation process should seek, quite specifically, to find constitutional common ground well before drafting begins; it should be oriented toward developing a shared constitutional vision that will provide the warring sides with reason to commit to the new proposed regime. As the contending sides come to realize that they might share specific and concrete constitutional desires, they also come to realize that cohabitation might be possible. The moral of the story is that constitution making (broadly defined) is part and parcel of the creation of social integrity and not merely its consequence...Part I offers an overview of the constitutional history of Burma to the year 2000. Part II explains the constitutional processes going on today-not only the military government's "roadmap to democracy" but also the democracy movement's alternative process (or processes, depending on your perspective). As will become plain, the two processes are very different: the junta's roadmap has yielded a written constitution that will shortly become the law of the land but which lacks all legitimacy.6 By contrast, the democracy movement's alternative will not become sovereign law anytime soon, but it has set in train social dynamics that might, in the long run, build the conditions necessary for genuine constitutional rule..."
      Author/creator: David C. Williams
      Language: English
      Source/publisher: Indiana University Maurer School of Law Faculty Publications. Paper 492.
      Format/size: pdf (740K-OBL version; 2.42K - original)
      Alternate URLs: http://www.repository.law.indiana.edu/cgi/viewcontent.cgi?article=1492&context=facpub
      Date of entry/update: 17 May 2012


      Title: The 2008 Myanmar Constitution: Analysis and Assessment
      Date of publication: December 2008
      Description/subject: Contents: I Purposes of constitutions and constitution making processes . 1 II Context of Constitutional Reform .. 4 III Process .. 6 Process for the preparation of the Constitution .. 7 IV Constitution. 11 Objectives and Basic Principles of the Constitution 11 Overview of the structure of the Constitution .. 12 Electoral system ... 16 Legislative bodies 20 State and Regional legislatures 22 Union territory legislature 22 Self-administered zone or division legislature . 23 Executives and Presidency ... 23 Constituting the Union government . 24 Powers and responsibilities of the President 25 Accountability of the President 26 Tatmadaw and Commander in Chief ... 26 Judiciary ... 28 Constitutional Tribunal 29 The relationship between the Union, States and Regions, and Self-Administered Areas . 31 Compatibility of laws ... 32 Finance and resources: relations between the Union and State, Regions and Self-Administered Areas . 33 Executive: relations between the Union and State, Regions and Self-Administered Areas 33 Emergency Powers... 34 Amendment Procedure. 36 Transitional Provisions 36 V Assessment ... 37
      Author/creator: Yash Ghai
      Language: English
      Source/publisher: Yash Ghai
      Format/size: pdf (217K)
      Date of entry/update: 19 December 2008


      Title: NEUE VERFASSUNG: Burmas Militärherrscher jubeln über ihr Referendum
      Date of publication: 15 May 2008
      Description/subject: Hunderttausende Menschen in Burma leiden - doch die Militärjunta verkündet Erfolgsmeldungen: Den Generälen zufolge wurde die neue Verfassung mit über 92 Prozent Zustimmung angenommen. Ausländische Hilfe lassen die Machthaber weiter nur eingeschränkt zu - die Uno ist frustriert; referendum 2008; cyclone Nargis; UN aid programmes;
      Language: German, Deutsch
      Source/publisher: Spiegel Online
      Format/size: Html (82 kb)
      Date of entry/update: 15 May 2008


      Title: Chronology of Burma's Constitutional Process
      Date of publication: 01 May 2008
      Description/subject: 1947-2008
      Language: English
      Source/publisher: Human Rights Watch
      Format/size: pdf (88K)
      Date of entry/update: 01 May 2008


      Title: Vote to Nowhere - The May 2008 Constitutional Referendum in Burma
      Date of publication: 01 May 2008
      Description/subject: "...On May 10, 2008, the Burmese military government will hold a referendum on a draft constitution that it claims will usher in a new era of “discipline-flourishing genuine multiparty democracy.” However, the generals’ referendum, reflecting 46 years of brutal military rule, will not bring the people of Burma any closer to a democratic and rights-respecting government they so desperately seek, and for which they have courageously struggled. Instead, the draft constitution that the generals are demanding the Burmese people approve is designed to perpetuate military control in Burma, and obstruct any steps toward a meaningful multiparty democracy that upholds human rights. The environment in Burma prior to the referendum has been one of continuing intimidation of the political opposition and general populace, denial of basic freedoms of expression, association, and assembly, and arbitrary arrests and detention. Under such widespread repression and a pervasive climate of fear, no free and fair referendum can take place in Burma. Since the military crackdown on monks and pro-democracy protestors in August-September 2007, foreign governments and intergovernmental bodies have responded in varying ways. International criticism may be partly responsible for the referendum being announced, in February 2008, but it will not ensure that the vote is conducted freely. Concerted public pressure and targeted sanctions by the military government’s international supporters as well as its detractors is needed if there is to be any hope that real democratic progress, rather than further constitutional travesties, can be achieved..."
      Language: English
      Source/publisher: Human Rights Watch
      Format/size: html, pdf (536K)
      Alternate URLs: http://www.hrw.org/en/reports/2008/04/30/vote-nowhere-0
      Date of entry/update: 01 May 2008


      Title: Burma - schon vergessen? Diktatorische Volksabstimmung
      Date of publication: 29 April 2008
      Description/subject: Am 10. Mai wird Burmas Bevölkerung an die Urne gerufen, um über die neue Verfassung abzustimmen. Dabei legt die burmesische Militärjunta ein kleines Lehrstück vor, wie Demokratie bei einer Volksabstimmung zur Farce wird. politische Gefangene; referendum 2008; political prisoners
      Author/creator: Christine Pluess, Arbeitskreis Tourismus & Entwicklung
      Language: German, Deutsch
      Source/publisher: Fairunterwegs
      Date of entry/update: 03 May 2008


      Title: Constitutional Conundrum
      Date of publication: April 2008
      Description/subject: As analysts and activists debate how to respond to the regime’s draft constitution, others ask if it will cement the generals’ hold on power or trigger a popular uprising... "FOR the generals who rule Burma, it is a step closer to the coveted goal of permanent military control of the country’s politics. For its detractors, it is a potential lightning rod for decades of pent-up discontent. But for most, it is still a mystery, as they wonder if this is really a distant light at the end of the tunnel or the headlights of an impending disaster. The Burmese regime’s draft constitution, which Burmese voters will be asked to endorse or reject in a referendum in May, has drawn many reactions from people both inside and outside the country. Although there is little consensus on the constitution, which was 14 years in the making, few doubt that the referendum, if it actually goes ahead, will be the junta’s most significant political move since elections in 1990, when voters unequivocally signaled a desire for an end to military rule..."
      Author/creator: Kyaw Zwa Moe
      Language: English
      Source/publisher: "The Irrawaddy" Vol. 16, No. 4
      Format/size: html
      Date of entry/update: 27 April 2008


      Title: Framing the Future
      Date of publication: April 2008
      Description/subject: Burma has always been cursed by its constitutions. So, is the upcoming referendum a chance for progress or a step back for the people?
      Author/creator: Dominic Faulder
      Language: English
      Source/publisher: "The Irrawaddy" Vol. 16, No. 4
      Format/size: html
      Date of entry/update: 27 April 2008


      Title: Essay on The Government of India Act 1935
      Date of publication: 01 February 2008
      Description/subject: 1. Introduction 2. Genesis of the Act 3. Some Features of the Act 4. Provincial Part of the Act 5. Federal Part of the Act 6. Gambles Taken by the British Government 7. Indian Reaction to the Proposed Federation 8. The Working of the Act 9. Postscript
      Author/creator: David Steinberg
      Language: English
      Source/publisher: House of David
      Format/size: html
      Date of entry/update: 17 March 2010


      Title: DESIGNING FEDERALISM IN BURMA
      Date of publication: 2005
      Description/subject: CONTENTS:Forewords (David Williams)... PART ONE:THE BASIC PRINCIPLES: 1. Federalism, Constitution Making and State Building in Burma (Lian H. Sakhong) Introduction ... Federalism: Theoretical Analysis... Federalism in Burmese Contexts: Lessons from 1947... Nation-Building and the Problem of Forced Assimilation ... State-Building and Unity in Diversity: An Option for the Future... Conclusion: Finding Equilibrium between Nation-Building and State Building .... 2. The Basic Principles for Future Federal Union of Burma (Lian H. Sakhong)... Preamble ... The Basic Principles of Federalism at the time of Union Formation ... Proposal for the Future .... PART TWO:CONSTITUTIONAL DESIGN FOR BURMA... 3. Constitutional Design for Burma:The First Lecture (2003) (David C. Williams)... A. The Purpose of a Constitution ... (i) Electoral Systems ... (ii) Separation of Powers ... (iii) Federalism .... (iv) Individual Rights ... B. Securing the Basis of Consent ... C. Federalism ... D. Electoral Systems ... E. The Union Constitution ... F. Judicial Review ... 4. Constitutional Design for Burma:The Second Lecture (2004) (David C. Williams)... A. Introduction ... B. State-Building and Nation-Building ... (i) States ... (ii) Nations ... (iii) States and Nations ... C. Federalism ... D. Federalism in Foreign Affairs ... (i) The States’ Ability to Make Their Own Foreign Policy ... (ii) The States’ Participation in Foreign Policy ... (iii) Political Pressure ... (iv) Implementation ... (v) Direct Participation ... (vi) Permanent Staffs ...E. Electoral Systems ... (i) Majoritarian Systems ... (ii) Proposal Systems ... (iii) Combing Systems ... F. Conclusion .... PART THREE:CONSTITUTIONAL DESIGN AND FUNDAMENTAL RIGHTS... 5. Constitutional Drafting and Fundamental Rights:The Example of Religious Freedom (Susan H. Williams) ... 6. Constitutional Drafting and Fundamental Rights:The Example of Gender Equality (Susan H. Williams) ....
      Author/creator: David C.Williams, Lian H.Sakhong, Susan H.Williams
      Language: English
      Source/publisher: ENC "PEACEFUL CO-EXISTENCE: Towards Federal Union of Burma [Series No.10]"
      Format/size: pdf (723.41 KB)
      Date of entry/update: 30 August 2010


      Title: Burma's Ethnic Problem is Constitutional
      Date of publication: April 2002
      Description/subject: Federalism in Burma: "...Has Burma really been on the brink of fragmentation since independence? Are the ethnic nationalities and the politics of ethnicity the root cause of the problem? Was General Ne Win correct when he claimed in 1962 that he had to seize state power to prevent Burma from disintegration? The current State Peace and Development Council also claims that there are 135 languages and 8 major races in Burma requiring a strong centralized military to keep the country together. Is this true? ..."
      Author/creator: Harn Yawnghwe and B. K. Sen
      Language: English
      Source/publisher: "Legal Issues on Burma Journal" No. 11 (Burma Lawyers' Council)
      Format/size: PDF
      Alternate URLs: The original and authoritative version of this article may be found in "Legal Issues on Burma Journal" No. 11 at
      http://www.blc-burma.org/activity_pub_liob.html
      Date of entry/update: 03 June 2003


      Title: Federalism and Self-Determination: Some Reflections
      Date of publication: April 2002
      Description/subject: Federalism in Burma: "Federalism has, for many decades now, been seen an answer to the challenges posed by multi-ethnic societies the world over. In some cases, the idea has worked, while in others it manifestly has not. Where it has failed, the reasons have often lain as much with human deficiencies as with systemic shortcomings..."
      Author/creator: Venkat Iyer
      Language: English
      Source/publisher: "Legal Issues on Burma Journal" No. 11 (Burma Lawyers' Council)
      Format/size: PDF
      Alternate URLs: The original and authoritative version of this article may be found in "Legal Issues on Burma Journal" No. 11 at
      http://www.blc-burma.org/activity_pub_liob.html
      Date of entry/update: 03 June 2003


      Title: Federalism as a Solution to the Ethnic Problem in Burma
      Date of publication: April 2002
      Description/subject: Federalism in Burma: "From January 4, 1948, the day the Union of Burma came into existence as an independent nation, the people and their leaders have been divided over how to achieve national unity and structure their state. Until 1988, it was federal in name and theory, but unitary in practice. After five decades of political discussion, peaceful movements for secession or autonomy and warfare, the majority Burmans and most of the ethnic minorities remain disunited. From time to time efforts have been made by the Government of Burma and the minorities, either alone or in groups, to end revolt and disunity, but none have succeeded. Today, the basic problem is the same as the one the nation's founding fathers faced fifty years ago: how to construct a political system wherein diverse peoples feel free and equal, able to govern themselves in their own areas, protect and preserve their languages, cultures and traditions, while at the same time give their political loyalty to the nationstate..."
      Author/creator: Josef Silverstein
      Language: English
      Source/publisher: "Legal Issues on Burma Journal" No. 11 (Burma Lawyers' Council)
      Format/size: PDF
      Alternate URLs: The original and authoritative version of this article may be found in "Legal Issues on Burma Journal" No. 11 at
      http://www.blc-burma.org/activity_pub_liob.html
      Date of entry/update: 03 June 2003


      Title: Federalism With A New Twist: Burma's Only Option
      Date of publication: April 2002
      Description/subject: Federalism in Burma: "The author of the article "The Panglong Spirit Lives On" (Chao-Tzang Yawnghwe in The Irrawaddy, July 2001) argued that the guiding principle of the Panglong Accord is "unity in diversity". He raised the question as to whether there is a formula for ending Burma's decades of ethnic strife, and answered it himself with "Yes, and it is none other than the political vision that brought modern Burma into existence half a century ago". This is begging the question: what is this political vision, which is abstract in terms of people's understanding? The meaning of terminology such as "unity in diversity" is academically attractive, but in the understanding of the activists it helps little. However, Yawnghwe retrieved much of the ground lost in the struggle evolving a viable concept for the establishment of a stable Burma by stating that the major goal is the establishment of a democratic, federal Union of Burma, to be composed of self-determining states living together in equality and peace. It is argued that core issues must be addressed, and the debate has to be brought to a fruitful end..."
      Author/creator: B. K. Sen
      Language: English
      Source/publisher: "Legal Issues on Burma Journal" No. 11 (Burma Lawyers' Council)
      Format/size: PDF
      Alternate URLs: The original and authoritative version of this article may be found in "Legal Issues on Burma Journal" No. 11 at
      http://www.blc-burma.org/activity_pub_liob.html
      Date of entry/update: 03 June 2003


      Title: Federalism, Burma and How The International Community Can Help
      Date of publication: April 2002
      Description/subject: Federalism in Burma: "International Community can help via systematic study and consideration of the world's federations, in pursuit of an understanding of what federalism can achieve when presented with a range of entrenched political and/ or ethnic problems. The international community thus provides and becomes the backdrop, and the actor/ participants can research, inform, educate, and consider whether and in what ways federalism can provide some solutions to the crisis of governance in which they flounder. Burma has never progressed past the polarised and prevailing view of federalism, yet for so long an aspiration of many of Burma's leaders, notably the National Democratic Front (NDF) since its formation in 1976, and still today. 1 The United Nationalities League for Democracy (UNLD) an umbrella political organisation of non-Burman nationalities that formed in 1989 likewise embraces federalism as a path to political, therefore constitutional settlement, that will bring peace and prosperity. 2 Until the political actors in and of Burma have this debate, its ability to resolve its political differences by political means to effect a constitutional settlement will elude them. National reconciliation will remain a catch cry..."
      Author/creator: Janelle Saffin
      Language: English
      Source/publisher: "Legal Issues on Burma Journal" No. 11 (Burma Lawyers' Council)
      Format/size: PDF
      Alternate URLs: http://www.blc-burma.org/activity_pub_liob.html
      Date of entry/update: 03 June 2003


      Title: Federalism: Putting Burma Back Together Again
      Date of publication: April 2002
      Description/subject: Federalism in Burma: "This paper deals with the absence or the non-existence of a functional relation between the state in Burma and broader society which is also made up of non-Burman 1 ethnic segments that inhabit the historical-territorial units comprising the Union of Burma. 2 Introduction: Putting the Country Back Together Again The paper looks into the problems related to the task, as yet to be accomplished, of "putting the country back together again", in contrast to the claim of the military and its state is "keeping the country together". It is here argued that although the military has, in a manner of speaking, "kept the country together", it has also distorted the relation between the state in Burma and broader society by monopolizing power and excluding societal elements and forces from the sphere of the state and from the political arena. The military's centralist, unitary impulse, informed by it ethnocentric (Burmanization) national unity formula, has contributed to a dysfunctional state-society relation, that has in turn brought about the present crisis of decay and general breakdown, making Burma a failed state..."
      Author/creator: Chao-Tzang Yawnghwe
      Language: English
      Source/publisher: "Legal Issues on Burma Journal" No. 11 (Burma Lawyers' Council)
      Format/size: PDF
      Alternate URLs: http://www.blc-burma.org/activity_pub_liob.html
      Date of entry/update: 15 July 2010


      Title: In Search of a Constitution for Burma
      Date of publication: April 2002
      Description/subject: Federalism in Burma: "Constitution can be a strong foundation for every country to be established as a just, free, peaceful and developed society. Burma is in the process of producing a new constitution. By amalgamating lessons from previous historical experiences and current practical situation of the country, it is hoped that a proper constitution for future Burma might be produced. Major concern is that without finding ways and means to resolve the underlying issues of a country, production of constitution superficially is meaningless and constitution might not be effective from positive aspect in our future society. In this account, the constitution making process or the way, how a constitution will be produced, is of paramount importance. In attempting to produce a constitution, onesided or unproper guidance to the people should be avoided. In a genuine constitution making process, the people, regardless of race, social origin, gender and etc, should be allowed to uncover their sufferings frankly, propose possible solutions positively, and express their will to restructure the society freely thereby leading the process to be more and more participatory. Any kind of discrimination should not be exercised within a genuine constitution making process whether be it federal or state constitution making processes..."
      Author/creator: Aung Htoo
      Language: English
      Source/publisher: "Legal Issues on Burma Journal" No. 11 (Burma Lawyers' Council)
      Format/size: PDF
      Alternate URLs: http://www.blc-burma.org/activity_pub_liob.html
      Date of entry/update: 03 June 2003


      Title: Interview With Sao Seng Suk
      Date of publication: April 2002
      Description/subject: Federalism in Burma: (Sao Seng Suk is the Chairman of the Shan State Constitution Drafting Committee. Following is a literal transcript of the interview he had with U Aung Htoo and B. K. Sen). "Do you consider the constitution to be the core issue in a peaceful political settlement in Burma?" Sao Seng Suk: "Yes, I certainly do. Because all problems arose since Pyidaungzu was established in 1947 from the then constitution. If all accept democratic constitution, historical problems can be settled peacefully and the country rebuilt according to constitution, as there will be many kinds of freedom, freedom of expression, freedom of activities, etc." "What type of Constitution will be viable?" Sao Seng Suk: "Federal type constitution, federal is suitable for us..."
      Author/creator: U Aung Htoo, B. K. Sen
      Language: English
      Source/publisher: "Legal Issues on Burma Journal" No. 11 (Burma Lawyers' Council)
      Format/size: PDF
      Alternate URLs: The original and authoritative version of this article may be found in "Legal Issues on Burma Journal" No. 11 at
      http://www.blc-burma.org/activity_pub_liob.html
      Date of entry/update: 03 June 2003


      Title: Secession and Self-Determination in the Context of Burma's Transition
      Date of publication: December 2001
      Description/subject: "The word 'secession' has originated from the concept of 'self-determination'. Apart from its historical context, 'self-determination' can also be seen in its plain meaning. The Oxford Dictionary defines 'self-determination as, 'The right of a nation or people to decide what form of government it will have or whether it will be independent of another country or not'. The second part of this definition is easy to understand. A nation or people has the right to be independent of another country when under subjugation of that country. But sometimes it is difficult to determine whether a nation striving for selfdetermination is actually a nation..."
      Author/creator: B.K. Sen
      Language: English
      Source/publisher: "Legal Issues on Burma Journal" No. 10 (Burma Lawyers' Council)
      Alternate URLs: The original (and authoritative) version of this article may be found in http://www.ibiblio.org/obl/docs/Legal_Issues_on%20Burma_Journal_10.pdf
      Date of entry/update: 03 June 2003


      Title: Designing Constitution as Policy Formulation
      Date of publication: April 2001
      Description/subject: "An intensive people's movement for the restoration of democracy and human rights has been existing in Burma for more than a decade. In the meantime, both government and opposition groups have been drafting constitutions, to be put into force during the transition to a more open and democratic system of government..."
      Author/creator: 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: Burma's Election and Constitutional History: A Snapshot
      Date of publication: December 2000
      Description/subject: "...The nation's constitutional and election history highlights the difficulties that have been encountered in securing peace with the people, particularly as the armed forces (Tatmadaw) have long ruled Burma. There is no culture of consent between the governed and the government and this is a constant of political life. Until this is remedied, the country embroiled in its own civil war for 52 years will stay at war in one form or another..."
      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: Rival Constitution Writing Processes: A Problem in National Reconciliation in Burma
      Date of publication: December 2000
      Description/subject: "One of the major issues proving to be an obstacle to the achievement of national reconciliation in Burma is the rival constitution writing processes initiated by opposing forces. As the competing political forces use the constitutional drafting process as a political football, the chance for dialogue and prospects for national reconciliation remain dim. The State Peace and Development Council's (SPDC) constitution drafting process, which started in January 1993, emerged as a method utilized by the junta to deter the National League for Democracy (NLD) from taking power. As the junta strictly controls the entire constitution writing process, other forces including the NLD and ethnic organizations who have signed ceasefire agreements with the junta, have been denied the right to freely participate in the junta initiated process..."
      Author/creator: 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: Issues of self-determination in Burma
      Date of publication: April 2000
      Description/subject: "This paper seeks to provide an introduction to the concept of self-determination, and to suggest the importance of this concept in Burma. A comprehensive analysis of either topic is beyond the scope of this paper, which is aimed at readers without great familiarity with either area. Suggestions for further reading may be found in the references. The paper begins by discussing the concept of self-determination, and its varied meanings. A brief history of the development of the concept follows, in which the meaning of self-determination beyond decolonisation is touched upon. The situation of minorities within a state is then considered. The second section of the paper is a discussion of the particular case of Burma..."
      Author/creator: Louise Southalan
      Language: English
      Source/publisher: Legal Issues on Burma Journal No. 5 (Burma Lawyers' Council)
      Date of entry/update: 03 June 2003


      Title: Burma's Future Constitution: Comparing and contrasting democracy and human rights provisions in two draft Burmese constitutions from an international perspective
      Date of publication: October 1999
      Description/subject: "...This article has discussed the draft constitutions for Burma proposed by the National Convention, the body established by the ruling party, and that proposed by the opposition National Council of the Union of Burma. It has reviewed aspects such as the process of constitution of drafting, the electoral system, constitutional supremacy and amendments and appointments to and function of the courts, as well as a Bill of Rights, a Human Rights Commission and declarations of states of emergency. The National Convention's constitution contains many strongly anti-democratic provisions and is silent on several key issues. In contrast, the NCUB's constitution attempts to create a democratic system, but includes several provisions that should be reworked to strengthen democratic checks and balances and prevent future state abuse of power."
      Author/creator: Jeremy Sarkin
      Language: English
      Source/publisher: Legal Issues on Burma Journal No. 4 (Burma Lawyers' Council)
      Date of entry/update: 03 June 2003


      Title: Burma, South-East Asia and The Road to Democratic Constitution
      Date of publication: May 1999
      Description/subject: Drafting a constitution in Burma. Comparison of the constitutional history of Burma and Thailand and a list of elements needed in a new Burmese constitution.
      Author/creator: Vitit Muntarbhorn
      Language: English
      Source/publisher: Legal Issues on Burma Journal No. 3 (Burma Lawyers' Council)
      Date of entry/update: 03 June 2003


      Title: Convening the People's Assembly: A Legal Analysis
      Date of publication: May 1999
      Description/subject: "According to Burma's two supposedly superseded constitutions, that of 1947 and 1974, the Pyithu Hluttaw (the People's Assembly) is the body charged with exercising State power. The 1989 Pyithu Hluttaw Election Law (called the Election Law), under which the 1990 elections were conducted, also provides that the duty of representatives elected in accordance with the Election Law is to form the Pyithu Hluttaw (Section 3). The ruling military junta, the people of Burma and the international community acknowledged without qualification that the May 1990 general election was free, fair and lawful. It then follows that those representatives elected by the people in the 1990 election have the lawful right to form a Pyithu Hluttaw that exercises legislative power and appoints a government in accordance with the legal norms of Burma..."
      Author/creator: Burma Lawyers' Council
      Language: English
      Source/publisher: Legal Issues on Burma Journal No. 3 (Burma Lawyers' Council)
      Date of entry/update: 03 June 2003


      Title: Drafting a Constitution in Burma: A Struggle for Participatory Process
      Date of publication: May 1999
      Description/subject: Critique of the National Convention. Comparison between the constitution-drafting processes and principles of the Burmese military, the NLD and the NCUB, with additional comparison with the constitution-drafting processes in the Philippines and Thailand.
      Author/creator: Burma Lawyers' Council
      Language: English
      Source/publisher: Legal Issues on Burma Journal No. 3 (Burma Lawyers' Council)
      Date of entry/update: 03 June 2003


      Title: Lessons From the Past
      Date of publication: May 1999
      Description/subject: Drafting a constitution in Burma "As the peoples and leaders of Burma approach the task of writing a third constitution, a good place to begin is by asking the question, why did the previous constitutions fail to unite the indigenous ethnic minorities and the government in peaceful viable polity. At the heart of the problem is the questions which vexed the founding fathers-how to construct a union in which people who formerly were separated could be joined together so as to benefit from unity while remaining nominally autonomous in their own areas on matters of political rule, economy and culture. Probably the clearest and most direct statement on the question was made by the AFPFL- the nationalist party which led the nation to independence- just before Aung San went to England to discuss Burma's future with the British Prime Minister..."
      Author/creator: Josef Silverstein
      Language: English
      Source/publisher: Legal Issues on Burma Journal No. 3 (Burma Lawyers' Council)
      Date of entry/update: 03 June 2003


      Title: The Pyidaungzu, Federalism and Burman Elites: A Brief Analysis
      Date of publication: May 1999
      Description/subject: Drafting a constitution in Burma. "Federalism is not quite understood in Burma. In fact, it would not be wrong to say it is grossly misunderstood by -- among many others -- the Burman population segment, or at least by its armed elites (or elites in uniform). To armed Burman elites, Federalism is synonomous with the destruction or the disintegration of the Union. The Burman-dominated military led by General Ne Win introduced and entrenched this idea when they usurped power in 1962..."
      Author/creator: Chao-Tzang Yawnghwe
      Language: English
      Source/publisher: Legal Issues on Burma Journal No. 3 (Burma Lawyers' Council)
      Format/size: html
      Date of entry/update: 03 August 2004


      Title: THE WILL OF THE PEOPLE; HUMAN RIGHTS AND CONSTITUTION MAKING IN BURMA
      Date of publication: 14 December 1991
      Description/subject: by Janelle M. Diller, Legal Director International Human Rights Law Group, December 14, 1991 Oxford, England. "We find ourselves in an era of accelerated change. Many nations around the world, including Mongolia, Nepal and the countries of Eastern Europe, are thrusting themselves into the process of democratization and democratic constitution-making. Such momentum persists even though, in many cases, democracy has not been a part of the political, social, economic or legal infrastructures of the changing countries. Yet in Burma, nearly one and a half years after the peaceful election of a People's Assembly, the people of Burma continue to be governed by the ruling military State Law and Order Restoration Council ("SLORC"). The awarding of the Nobel Peace Prize to Aung San Suu Kyi this week has helped dispel the prevailing complacency in the international arena with regard to the current situation in Burma. However, just and equitable governance continues to evade the people of Burma. Into the SLORC-controlled environment in which an electoral mandate continues to be withheld and reports of human rights abuses appear with disturbing frequency, the SLORC has announced a plan for arriving at a national consensus which will pave the way for a new constitution to be drafted. How can the Burmese people exercise such a supreme act of popular sovereignty under these conditions? And what international legal standards govern the constitution-making process and its result? Let me briefly review events leading up to the present scenario in order to provide insight into the complexities involved in the establishment of a constitutional culture in Burma. The term 'constitutional culture' here refers to the capacity of political, social and legal infrastructures to cultivate and practice a respect for some sort of supreme law of the land that governs both rulers and governed. Such a culture nurtures both individual and institutional respect for the rule of law..."
      Author/creator: Janelle M. Diller
      Language: English
      Format/size: html (184K)
      Date of entry/update: 03 June 2003


      Title: Report of the Government Advisory Committee on the Amendment of the Constitution as Proposed by the Shan State Government and its People, 1962
      Date of publication: 08 January 1962
      Language: English
      Source/publisher: Shanland
      Format/size: html
      Date of entry/update: 13 December 2010


    • The 1990 elections and the National Convention process
      In the wake of the SLORC's refusal to transfer power following the 1990 elections, it claimed that a new constitution would first have to be written. The National Convention, most of whose members were hand-picked by SLORC, first met in January 1993 with the goal of drafting the basic elements for such a constitution. However, "the representatives elected by the people are those who have the responsibility to draw up the constitution of the future democratic State" (para 20 of Declaration 1/90).

      • The 1990 elections and the National Convention (commentaries, chronologies etc.)

        Websites/Multiple Documents

        Title: Language on the National Convention in UN General Assembly and Commission on Human Rights resolutions
        Date of publication: 27 February 2004
        Description/subject: The UN bodies expressed grave doubts expressed about the process.
        Language: English
        Source/publisher: United Nations
        Format/size: html (20K)
        Date of entry/update: 27 February 2004


        Title: Chronology of the National Convention/roadmap
        Description/subject: "The Irrawaddy" presents a chronology of the developments and setbacks in Burma’s National Convention/roadmap since 1992." Updated August 2006
        Language: English
        Source/publisher: "The Irrawaddy"
        Format/size: html
        Date of entry/update: 30 January 2004


        Title: Paragraphs on the National Convention from the reports of the Special Rapporteurs on Myanmar to the UN General Assembly and Commission on Human Rights
        Description/subject: Analysis by the Speical Rapporteurs of the procedure of the National Convention (NC) which began in January 1993.
        Language: English
        Source/publisher: United Nations
        Format/size: html
        Date of entry/update: 03 June 2005


        Title: Search results for "National Convention" from "The Irrawaddy"
        Description/subject: Several hundred articles and news pieces on the National Convention from "The Irrawaddy", from a site-specific Google search (July 2004)
        Language: English
        Source/publisher: "The Irrawaddy" (2003-2004)
        Format/size: html
        Date of entry/update: 06 July 2004


        Title: Search results for "National Convention" from Shanland.org
        Description/subject: From a site-specific Google search (July 2004)
        Language: English
        Source/publisher: Shanland.org
        Format/size: html
        Date of entry/update: 09 July 2004


        Title: Search results for "National Convention" from the NCGUB site
        Description/subject: From a site-specific Google search (July 2004)
        Language: English
        Source/publisher: National Coalition Government of the Union of Burma (NCGUB)
        Format/size: html
        Date of entry/update: 09 July 2004


        Title: Search results for ' "National Convention" Myanmar' from the Amnesty International site
        Description/subject: Results of a site-specific Google search
        Language: English
        Source/publisher: Amnesty International
        Format/size: html
        Date of entry/update: 09 July 2004


        Title: Search results for ' "National Convention" Burma' from the US State Dept. website
        Description/subject: From a site-specific Google search
        Language: English
        Source/publisher: US Dept. of State
        Format/size: html
        Date of entry/update: 09 July 2004


        Title: Search results for '"National Convention" Myanmar' from the website of the Office of the UN High Commissioner for Human Rights
        Description/subject: From a site-specific Google search (July 2004)
        Language: English
        Source/publisher: United Nations
        Format/size: html
        Date of entry/update: 09 July 2004


        Individual Documents

        Title: NATIONAL CONVENTION: ROADMAP TO INSTABILITY
        Date of publication: 17 July 2007
        Description/subject: "• The National Convention is part of the problem and not the solution to Burma’s troubles. The results will intensify the root causes of the ethnicbased conflicts perpetuated by Burma’s successive military regimes. • The National Convention, which is tasked with producing detailed principles for a new constitution, remains a fundamentally flawed and inherently illegitimate process aimed at formalizing and prolonging military rule in Burma. • Ethnic groups and the National League for Democracy have consistently proposed steps to salvage the National Convention and transform it into a venue for dialogue; however these recommendations have been rejected. • Originally devised by the military regime as a tactic to avoid convening Parliament after it lost the 1990 elections, the National Convention was mothballed in March 1996, and then revived in 2004 as part of the “7-point roadmap to democracy”. The roadmap was a response to heightened regional and international pressure following the Depayin Massacre..."
        Language: English
        Source/publisher: ALTSEAN-Burma
        Format/size: pdf (138K), Word (177K)
        Alternate URLs: http://www.altsean.org/Docs/DOC%20Format/Thematic%20Briefers/National%20Convention%20-%20Roadmap%20...
        Date of entry/update: 17 July 2007


        Title: Burma’s Sham National Convention
        Date of publication: July 2007
        Description/subject: The following 2 articles examine Burma’s National Convention process and its implications: Return to arms? By Mark Farmaner...Boots in Suits By Yvette Mahon
        Author/creator: Mark Farmaner, Yvette Mahon
        Language: English
        Source/publisher: The Burma Campaign UK
        Format/size: html
        Date of entry/update: 03 September 2007


        Title: Beyond the National Convention
        Date of publication: September 2004
        Description/subject: "Burma’s ceasefire groups look ahead... It is never wise to try and second-guess the turn of events in Burma, but it’s safe to say that the current constitution-drafting National Convention is widely perceived as illegitimate—both inside Burma and abroad. This perception won’t change unless the process is broadened to include meaningful participation on the part of the National League for Democracy, or NLD, and the United Nationalities Alliance, or UNA, a coalition of ethnic nationality parties elected in 1990, which has always worked closely with the NLD. Despite the legitimacy deficit of the constitution-drafting exercise, the convention has emerged as the most important political arena since the 1990 election—and perhaps even since the military takeover of 1962. For Burma’s ethnic nationalist communities in particular, it represents a milestone in efforts to have their concerns registered on the national political stage..."
        Author/creator: Ashley South
        Language: English
        Source/publisher: "The Irrawaddy" Vol. 12, No. 8
        Format/size: html
        Date of entry/update: 11 November 2004


        Title: UN Secretary-General calls for immediate release of Daw Aung San Suu Kyi - ENGAGEMENT IN 'SUBSTANTIVE DIALOGUE' WITH NLD. OTHER POLITICAL PARTIES
        Date of publication: 17 August 2004
        Description/subject: The following statement was issued today by the Spokesman for Secretary-General Kofi Annan: "...It is the Secretary-General's judgement that the National Convention does not currently adhere to the recommendations made by successive resolutions of the General Assembly. The Secretary-General believes that, unless and until the views of the National League for Democracy (NLD) and other political parties are sought and considered, the National Convention and the road map process will be incomplete, lacking in credibility and, therefore, unable to gain the full support of the international community, including the countries of the region..."
        Language: English
        Source/publisher: United Nations
        Format/size: html (8K)
        Date of entry/update: 18 August 2004


        Title: Regulations of the National Convention (updates)
        Date of publication: 17 May 2004
        Description/subject: "The following is translation of clarification on procedures for convening the National Convention made by Secretary of the National Convention Convening Commission Minister for Information Brig-Gen Kyaw Hsan:..."
        Language: English
        Source/publisher: "The New Light of Myanmar"
        Format/size: html (20K)
        Date of entry/update: 18 May 2004


        Title: Burma’s National Convention: The Detailed Basic Principles
        Date of publication: 29 April 2004
        Description/subject: "One aspect of the National Convention (NC) I have not seen widely discussed is the Detailed Basic Principles (DBPs). Step 3 of Gen. Khin Nyunt's "roadmap" is "Drafting of a new constitution in accordance with basic principles and detailed basic principles [emphasis added] laid down by the National Convention". Discussion critical of the "roadmap" has so far focussed largely on the "6 Objectives", especially the 6th one on continued military dominance of the political life of the country, the basic principles (the "104 principles") and procedure, but has generally neglected the DBPs..."
        Author/creator: David Arnott
        Language: English
        Format/size: html (13K)
        Date of entry/update: 11 May 2004


        Title: Burma/Myanmar: How to read the generals' "roadmap" - a brief guide with links to the literature
        Date of publication: 18 April 2004
        Description/subject: N.B. THIS TEXT IS IN A CONSTANT STATE OF UPDATING. CHECK http://www.ibiblio.org/obl/docs/how10.htm FOR THE LATEST VERSION...Introduction: "This guide is not so much an analysis – political, legal or other -- of the “roadmap” as an introduction to some of the elements, in particular the National Convention process, which the “roadmap” is based on. For analyses, see Roadmaps/National Convention in the Online Burma/Myanmar Library. This guide has a limited scope and makes three main points: * The first and most crucial stage of the "roadmap" announced by Gen. Khin Nyunt on 30 August 2003 is the re-launch, scheduled for May 17 2004, of the 1993-1996 National Convention, and there is no indication by Burmese military spokesmen that the resumed Convention will differ substantially in structure or procedure from its earlier form; * The abundant commentaries and documentation on the 1993-1996 National Convention apply equally to this stage of the "roadmap"; * International, regional and national actors should take these into account when assessing the "roadmap" and developing their policies. A frequent comment on the “roadmap” is that details are lacking. If, however, as seems likely, the reconvened National Convention follows its 1993-1996 pattern, we actually know a great deal about the first, crucial step of the “roadmap” by way of documentation and commentary. The present guide sets the “roadmap” within this process, itself a stage in the events which followed the collapse of the Burma Socialist Programme Party (BSPP) in 1988, the coming of the SLORC[2], the 1990 elections and their aftermath. The guide: 1) Provides a chronology and documentation of the shifting positions of the Burmese military from 1988 onwards with regard to handing over power to the party which won the elections -- from the 1988 promise of unconditional transfer of power, to the NLD’s apparent exclusion in August 2003 from any authority or responsibility at all deriving from the electoral mandate of 1990; 2) Provides introductions and hyperlinks to a substantial collection of commentaries and documentation on the National Convention process, which the “roadmap” is intended to complete (something not denied by the SPDC[3]); 3) Recommends that international, regional and national actors recognise the “roadmap” as an integral part of the National Convention process and that they study the purpose, principles and procedure of the whole process when developing their policies..."
        Author/creator: David Arnott
        Language: English
        Source/publisher: David Arnott
        Format/size: html (54K)
        Alternate URLs: http://www.ibiblio.org/obl/docs/how9.html
        Date of entry/update: 18 April 2004


        Title: Roadmap to autocracy
        Date of publication: 25 March 2004
        Description/subject: "...The “roadmap” envisages a resumed National Convention based on the 104 Principles and the Detailed Basic Principles (which incorporate the six “objectives”, including the “Participation of the Tatmadaw in the leading role of national politics of the State in (the) future”) and the task is presumably to draft the remaining chapters of the Detailed Basic Principles. There is no mention in the “roadmap” of any role for the elected representatives. According to the “roadmap”, after the constitution is completed, it will be put to a referendum and new elections held. There is no reference whatsoever to the 1990 elections... The “roadmap” therefore conflicts with the UN General Assembly and Commission on Human Rights resolutions adopted by consensus for more than a decade which affirm, in various formulations, that "the will of the people is the basis of the authority of government and that the will of the people of Myanmar was clearly expressed in the elections held in 1990" (UNGA, December 2003). It is difficult to understand how international actors can justify support for a process so clearly in conflict with these resolutions which embody the international consensus."
        Author/creator: David Arnott
        Language: English
        Source/publisher: David Arnott
        Format/size: html (11K)
        Date of entry/update: 24 March 2004


        Title: The 1990 Elections in Myanmar (Burma): Broken Promises or a Failure of Communications?
        Date of publication: 23 March 2004
        Description/subject: “Whoever is elected will first have to draw up a constitution that will have to be adopted before the transfer of power. They haven’t said how the constitution will be adopted. It could be through a referendum, but that could be months and months, if not years.” ... Daw Aung San Suu Kyi, interview with Dominic Faulder in ‘Asiaweek’ 1 July 1989 ( reproduced in Aung San Suu Kyi: "Freedom from Fear", p225) ... A thoughtful study by a former British Ambassador to Vietnam..." Synopsis · The National League for Democracy (NLD) won a resounding victory in the May 1990 general elections, but was unable to persuade the ruling military junta to agree to a transfer of power. · The junta (the State Law and Order Restoration Council or SLORC) had initially promised when they took control in September 1988 that whichever party won the elections could form the new government. · But within months they backtracked as democracy activists, led by the NLD, pursued a vigorous campaign for basic civil rights, including freedom of expression, publication and assembly. · Even before NLD leader Daw Aung San Suu Kyi was confined to house arrest in July 1989, the junta had redefined their position, which was that they would continue to govern until a new constitution, approved by the people, had been promulgated and a new government based on that constitution appointed. · When the NLD won the elections with over 80% of the seats in the People’s Assembly, they argued that they now had a strong mandate for assuming power without delay. But the regime reaffirmed in a formal Declaration its pre-election stance that the main purpose of the new Assembly must be to draft a new Constitution. · Deprived of strategic guidance from Daw Aung San Suu Kyi, the NLD nonetheless decided to confront the junta which had already shown that it would ruthlessly suppress dissent. · Internationally, the junta could not compete for the world’s affections with the iconic, charismatic personality of the daughter of the leader of Burma’s independence. Accordingly no-one listened to what the junta had to say. · In short, from mid 1989 onwards, the SLORC made it abundantly clear that they would retain power until a new constitution had been adopted and a government set up according to that constitution. Even so, there were hopes that the SLORC might relent in the face of the overwhelming expression of the will of the people. They have not yet done so..."
        Author/creator: Derek Tonkin
        Language: English
        Source/publisher: Derek Tonkin
        Format/size: html (101K), Word (143K)
        Alternate URLs: http://www.ibiblio.org/obl/docs/DT-1990_Elections.doc
        Date of entry/update: 24 March 2004


        Title: SPECIAL REPORT: ON THE ROAD TO DEMOCRACY?
        Date of publication: 29 February 2004
        Description/subject: A Summary of Political & Human Rights Developments in Burma September 1 2003 - February 29, 2004... Prepared for the 60th Session of the UN Commission on Human Rights, March 2004... CONTENTS: 2 ON THE ROAD TO DEMOCRACY? 4 Context of the Roadmap; 5 Nation-Wide Crackdown; 5 No Justice - No Accountability; 6 Rise of the Hardliners; 6 Forced Military Training; 8 Dissecting the Roadmap; 9 'Moderate' vs 'Hardline'? 10 Democratisation or Delay Tactic? 13 Broken Promises; 15 Lessons from the National Convention 1990-1996; 16 SPDC Actions Thus Far to Implement the Roadmap; 17 Bangkok Process - Dialogue with One Side; 17 USDA PIan to Destroy Democratic Movement; 19 Ethnic & Pro-Democracy Groups Reject Roadmap; 20 NLD: Dialogue or Detente; 21 Ethnic Nationalities Seminar's Common Position; 22 Ceasefire Groups: Conditional Support, Misrepresentation; 23 Pushed to the Ceasefire Table at Gunpoint; 26 Rethinking the Roadmap; 26 A Starting Point, Not a Fait Accompli; 28 OVERVIEW: HUMAN RIGHTS: 29 Arbitrary Detention; 31 Miscarriage Of Justice; 32 Update on Depayin Victims; 32 Arbitrary Detentions May 31 -Aug 31, 2003; 34 Torture; 36 Exlrajudicial Killings & Summary Executions; 37 Freedom of Expression; 37 Religious Intolerance; 38 Update on Ethnic Nationality Relations; 39 Forced Labor; 41 Forced Relocation & Displacemt; 42 Landmines; 44 Violence Against Women; 45 Child Soldiers; 47 Abuse of Economic Rights.
        Language: English
        Source/publisher: Altsean-Burma
        Format/size: pdf (371K), html (341K)
        Alternate URLs: http://www.ibiblio.org/obl/docs/roadmap-SR.htm
        http://www.ibiblio.org/obl/docs/OnThe%20Road2DemocracyA4.pdf
        Date of entry/update: 24 March 2004


        Title: Language on the 1990 elections and transfer of power in Burma extracted from UN General Assembly and Commission on Human Rights resolutions
        Date of publication: 27 February 2004
        Description/subject: "Affirming that the will of the people is the basis of the authority of government and that the will of the people of Myanmar was clearly expressed in the elections held in 1990" -- a consistent message from the UN bodies from 1991.
        Language: English
        Source/publisher: United Nations
        Format/size: html (46K)
        Date of entry/update: 27 February 2004


        Title: THE NATIONAL CONVENTION
        Date of publication: 21 October 2003
        Description/subject: "Tabayin (Depayin) Massacre which occurred on May 30 diminished all the expectations for the progress of a homegrown national reconciliation process as an aftermath of confidence building talks between Daw Aung San Suu Kyi and the State Peace and Development Council (SPDC) since October, 2000 and her subsequent release in July, 2003. Evidences and testimonies of eyewitnesses confirmed conclusively that it was a premeditated attack by the pro-military thugs under the instructions of authorities and thus, the SPDC is accountable for it. Daw Aung San Suu Kyi, the key dialogue partner for the military if a substantive political dialogue takes place, narrowly escaped from the attack but was immediately detained by the regime. The entire National League for Democracy (NLD) leadership was either put under house arrest or detained in prisons and all NLD offices were closed down. Tabayin (Depayin) Massacre was the biggest violent suppression of political dissidents after 8888 democratic uprising. In response to such a situation, there has been growing international pressure including countries from the region. Since the possibility for a homegrown national reconciliation process was no longer valid, consideration was given to formulate a framework or roadmap for democratic transition in Burma with the coordination of the UN Special Envoy, taking into account the visions of all parties concerned. Thailand joined the process and took unilateral initiative to outline its proposal and started to consult with SPDC and some countries in the region. To encounter international efforts to formulate a roadmap for transition with a particular time frame and build up more pressure to materialize the democratic transition, SPDC made a reshuffle within its establishment and appointed intelligence chief, “Gen. Khin Nyunt” who was perceived as a pragmatist among Burmese generals by the international community, as the new Prime Minister. Immediately, Gen. Khin Nyunt delivered a policy speech on 30 August and announced a seven-point roadmap for transition to a "disciplined democracy"..."
        Language: English
        Source/publisher: National Coalition Government of the Union of Burma
        Format/size: html (49K), Word (58K)
        Alternate URLs: http://www.ibiblio.org/obl/docs/briefing-paper-ncgub.doc
        Date of entry/update: 24 October 2003


        Title: Burma’s National Convention: New Resolve, Same Hurdles
        Date of publication: 18 September 2003
        Description/subject: "On August 30, Burmese Prime Minister Gen Khin Nyunt announced that Burma would reconvene the long-suspended National Convention, the first step in the "road map of Myanmar" he laid out in his inaugural address. A week later, a panel of high-ranking army officers was appointed to the National Convention Convening Committee. Rangoon has tried for the past eight years to produce a junta-friendly constitution through the National Convention. Clearly, it has failed. But the new moves—the decision to resume the convention and the reorganization of the Convention Committee—may signal that the junta is more resolute about achieving the goals of the convention. Nevertheless, the Burmese generals will face the same hurdles experienced in the previous efforts to draft a constitution..."
        Author/creator: Aung Naing Oo
        Language: English
        Source/publisher: "The Irrawaddy"
        Format/size: html
        Date of entry/update: 20 September 2003


        Title: Revisiting the National Convention
        Date of publication: 03 September 2003
        Description/subject: "Let’s talk about drafting a new constitution for Burma which guarantees democracy and the rights of citizens in all communities of the country. Let’s convene a National Convention which is fair and workable and gives equal voice to all representatives of the people. It sounds much like the rhetoric that proceeded the first National Convention, when the regime ordered a constitution be drawn up under their direction in 1993. With Gen Khin Nyunt as Prime Minister, the National Convention has been given a new lease of life, but what has changed over the past ten years?..."
        Author/creator: Aung Moe Zaw
        Language: English
        Source/publisher: "The Irrawaddy"
        Format/size: html
        Date of entry/update: 20 September 2003


        Title: New Approach to Combat the Rhetoric
        Date of publication: 02 September 2003
        Description/subject: "Barely had the speculation formed over Gen Khin Nyunt’s first public speech as Burma’s prime minister when the junta’s mouthpiece newspaper Kyemon blamed the opposition for the country’s political impasse. The opposition National League for Democracy’s (NLD) boycott of the National Convention constitution drafting assembly in 1995 "has been the reason why a parliamentary democracy government has still not emerged 13 years after the election was held," the paper argued, referring to the 1990 elections which the NLD won, but the military ignored. Khin Nyunt has made clear his intentions to restart the stalled 1993 National Convention, followed by the drafting of a State Constitution, holding a referendum and finally, holding a nationwide election. The only trouble is that no timeframe was specified in his policy declaration..."
        Author/creator: Sai Wansai
        Language: English
        Source/publisher: "The Irrawaddy"
        Format/size: html
        Date of entry/update: 20 September 2003


        Title: In Search of a Constitution for Burma
        Date of publication: April 2002
        Description/subject: Federalism in Burma: "Constitution can be a strong foundation for every country to be established as a just, free, peaceful and developed society. Burma is in the process of producing a new constitution. By amalgamating lessons from previous historical experiences and current practical situation of the country, it is hoped that a proper constitution for future Burma might be produced. Major concern is that without finding ways and means to resolve the underlying issues of a country, production of constitution superficially is meaningless and constitution might not be effective from positive aspect in our future society. In this account, the constitution making process or the way, how a constitution will be produced, is of paramount importance. In attempting to produce a constitution, onesided or unproper guidance to the people should be avoided. In a genuine constitution making process, the people, regardless of race, social origin, gender and etc, should be allowed to uncover their sufferings frankly, propose possible solutions positively, and express their will to restructure the society freely thereby leading the process to be more and more participatory. Any kind of discrimination should not be exercised within a genuine constitution making process whether be it federal or state constitution making processes..."
        Author/creator: Aung Htoo
        Language: English
        Source/publisher: "Legal Issues on Burma Journal" No. 11 (Burma Lawyers' Council)
        Format/size: PDF
        Alternate URLs: http://www.blc-burma.org/activity_pub_liob.html
        Date of entry/update: 03 June 2003


        Title: Burma's Future Constitution: Comparing and contrasting democracy and human rights provisions in two draft Burmese constitutions from an international perspective
        Date of publication: October 1999
        Description/subject: "...This article has discussed the draft constitutions for Burma proposed by the National Convention, the body established by the ruling party, and that proposed by the opposition National Council of the Union of Burma. It has reviewed aspects such as the process of constitution of drafting, the electoral system, constitutional supremacy and amendments and appointments to and function of the courts, as well as a Bill of Rights, a Human Rights Commission and declarations of states of emergency. The National Convention's constitution contains many strongly anti-democratic provisions and is silent on several key issues. In contrast, the NCUB's constitution attempts to create a democratic system, but includes several provisions that should be reworked to strengthen democratic checks and balances and prevent future state abuse of power."
        Author/creator: Jeremy Sarkin
        Language: English
        Source/publisher: Legal Issues on Burma Journal No. 4 (Burma Lawyers' Council)
        Date of entry/update: 03 June 2003


        Title: Burma: Military and Its Constitution
        Date of publication: May 1999
        Description/subject: The Military's Constitutional Principles: Strenthening Military Authoritarianism; Bachground Facts on the 1990 General Election and the National Convention; Detailed Constitutional Principles Approved by the National Convention; National Convention Procedural Code.
        Language: English
        Source/publisher: Burma Lawyers' Council
        Format/size: PDF (554K) 67 pages
        Date of entry/update: 08 December 2010


        Title: Drafting a Constitution in Burma: A Struggle for Participatory Process
        Date of publication: May 1999
        Description/subject: Critique of the National Convention. Comparison between the constitution-drafting processes and principles of the Burmese military, the NLD and the NCUB, with additional comparison with the constitution-drafting processes in the Philippines and Thailand.
        Author/creator: Burma Lawyers' Council
        Language: English
        Source/publisher: Legal Issues on Burma Journal No. 3 (Burma Lawyers' Council)
        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: The National Convention in Burma (Myanmar): An Impediment to the Restoration of Democracy
        Date of publication: 02 April 1996
        Description/subject: This important 1996 analysis of Burma's National Convention , which has not convened in plenary since 1996, may be of interest to those who are concerned about the military regime's intention to resurrect it, in a renewed effort to bypass the results of the 1990 elections... "Rather than moving Burma toward democracy, the National Convention is impeding the democratization process by failing to create structures of accountability and transparency and by obstructing processes for growth of independent political life... The National Convention and the SLORC's repression of political freedoms and genuine political dialogue violate Burma's UN Charter obligations, illuminated by the Universal Declaration [of human rights] ..."...OVERVIEW AND SUMMARY; I DEVELOPMENTS LEADING TO THE NATIONAL CONVENTION; II. THE NATIONAL CONVENTION: A. Supplanting the Will of the People expressed by Electoral Mandate; 1. Permanent Minority Role for Elected Representatives; 2. Restrictions on Freedoms of Convention Delegates ... B. Obstructing Genuine Dialogue... C. Dismantling Political Structures and Suppressing Independent Activity: 1. Nullification of Elected Candidates' Status; 2. De-registration of Political Parties; 3. Political Restrictions on Parties and Activists... D. Ensuring Permanent Military Control over Law and Politics: 1. Constitutional Principles that Entrench Military Control; 2. Development of a Nationwide Patronage System for Political Support... II. CONCLUSIONS OF LAW: 1. Obstruction of Political and Associational Rights; 2. Violations of Economic and Social Rights... III. RECOMMENDATIONS... ANNEXES: I Pyithu Hluttaw Election Law, State Law and Order Restoration Council Law No. 14/89, 31 May 1989; II Letter from Aung Shwe, Chairman of the National League for Democracy, to Senior General Than Shwe, Chairman of the State Law and Order Restoration Council, dated 25 March 1996 (to arrange for convening of the first Pyithu Hluttaw (legislature)) (official translation); III Law Amending the Pyithu Hluttaw Election Law, State Law and Order Restoration Council Law No. 10/91,10 July 1991; IV Letter from Aung Shwe, Chairman of the National League for Democracy, to Senior General Than Shwe, Chairman of the State Law and Order Restoration Council, dated 28 March 1996 (protest against lawless proceedings) (official translation).
        Author/creator: Janelle M. Diller
        Language: English
        Source/publisher: International League for Human Rights, Rights and Democracy (International Centre for Human Rights and Democratic Development)
        Format/size: html (237K)
        Date of entry/update: 03 September 2003


        Title: The observations of the National League for Democracy on the National Convention (22 November 1995)
        Date of publication: 22 November 1995
        Description/subject: Full text of the statement delivered by Aung San Suu Kyi at her press conference of 22 November 1995... "...The National Convention in its present form is not acceptable to the people of Burma and because it not acceptable to the majority of our people it is not acceptable to the National League for Democracy. And a constitution that is drawn up by a National Convention that does not enjoy the confidence of the people will itself not get the support of the people. And a constitution that is not supported by the people will be nothing more than a piece of paper. So we call upon all those concerned to discuss the matter of bringing about a National Convention that is truly acceptable to the people and that will be able to draw up a constitution that will create a lasting democratic Union of Burma. It is for this reason that we have now put out this statement because the National League for Democracy has a duty to proclaim its position to the people who voted for it in 1990. We believe that our statement, our stance will be supported by the great majority of the people of Burma and it is our intention to continue along a path that is always consonant of the will of the people."
        Author/creator: Aung San Suu Kyi
        Language: English
        Source/publisher: National League for Democracy
        Format/size: html (12K)
        Date of entry/update: 19 April 2004


        Title: Lack of Democracy, Lack of Equality: Political analysis of Constitutional Principles Laid down by the SLORC National Convention
        Date of publication: October 1995
        Description/subject: Internet Version (English) November, 2002 English-Burmese Dual Version October 1995
        Language: English
        Source/publisher: Burma Lawyers' Council
        Format/size: pdf (214K) html (80K)
        Alternate URLs: http://www.ibiblio.org/obl/docs/BLC-lack_of_democracy.htm
        Date of entry/update: 03 June 2003


        Title: Lack of Democracy, Lack of Equality: Political analysis of Constitutional Principles Laid down by the SLORC National Convention
        Date of publication: October 1995
        Description/subject: Internet Version November, 2002 English-Burmese Dual Version October 1995
        Language: Burmese
        Source/publisher: Burma Lawyers' Council
        Format/size: pdf (464K)
        Date of entry/update: 03 June 2003


        Title: The National Convention
        Date of publication: July 1995
        Description/subject: Extract on the National Convention from "Burma: Entrenchment or Reform? Human Rights Developments and the Need for Continued Pressure" (Human Rights Watch/Asia, July 1995)
        Language: English
        Source/publisher: Human Rights Watch/Asia
        Format/size: html (33K)
        Alternate URLs: http://www.ibiblio.org/obl/docs/entrenchment.html (full text of the HRW report)
        Date of entry/update: 09 March 2004


        Title: The Manifesto of the National League for Democracy
        Date of publication: 06 November 1989
        Description/subject: "1. Throughout the Union of Burma in 1988 there was an extraordinary and unprecedented uprising of all people. They rose up to demand Democracy. Thus, a democratic state was established in order to be liberated from the bitter experience of the society. 2. Now, a chance to establish a democratic system began to emerge that would totally change society. Hence, all the people of Burma, with active spirit and strong determination, would have to elect the peoples' representatives. Those representatives would form a democratic government in accordance with the aspiration of the people and draw up the state constitution that will enable a successful reconstruction of the country. 3. The National League for Democracy firmly believes that, today, in Burma, the masses of people are earnestly aspiring for the formation of a Democratic government that will guarantee basic human rights. 4. The National League for Democracy clearly understands that all the people of Burma are very keen to establish a firmly united "Union" in the near future with equal rights for all ethnic nationalities who cherish democracy. 5. In order to bring about the aims and aspirations of the people successfully, the National League for Democracy, consisting of people wishing to represent farmers, workers, merchants and entrepreneurs, students, youths, women, technicians, academicians, artists and ethnic nationalities, shall let their members participate in this multi-party General Election and pledges to accept the decision of the people. 6. The National League for Democracy, while declaring its principles and policy below, shall accept the wishes of the people and establish a democratic state as desired by the people..."
        Language: English, Burmese
        Source/publisher: National League for Democracy
        Format/size: html (78K), Word (67K), pdf (32K)
        Alternate URLs: http://www.ibiblio.org/obl/docs/NLDElectionManifesto1989.doc
        http://www.ibiblio.org/obl/docs/NLDmanifestoBur.pdf (Burmese)
        Date of entry/update: 20 April 2004


      • The National Convention (preparations, procedures, proceedings, legislation, statements etc.)
        The material for the sessions of the National Convention beginning 17 May 2004 is taken from the online versions of "The New Light of Myanmar". The files for the 1993-1996 sessions are extracted from Hugh MacDougall's "The Burma Press Summary" (BPS), 1987-1996 (for the complete BPS archive, click the link on this library's home page). The reports are transcribed or summarised from the SLORC and SPDC press, "The Working People's Daily" (WPD), re-named "The New Light of Myanmar" (NLM) in 1993. The record is therefore ultimately from SLORC and SPDC sources. It is incomplete and cannot be taken as entirely unbiased. However, there are many full text documents, including speeches and official announcements, which makes the archive extremely useful, and perhaps the only source for those who do not have access to the original newspapers. The "Reports on meetings of the National Convention Convening Commission" are from the SPDC website. There is a gap in the record from end 1996 when the BPS ceased, to early 1998. It is interesting to note that, apart from the reports of the statements by military leaders, the reports of the 2004 sessions are almost entirely lacking in substance (the bulk of the reporting is devoted to lists of names and organisations and what the general topic was, but no detail) whereas the reports of the sessions between 1993 and 1996 contain summaries and even full texts of the statements of the various delegates -- as well, of course, as full texts of the SLORC statements. The versions of the 2004 sessions in OBL have had the photos removed for speedier downloading. To see the very revealing photos, click on the Source at the foot of each report or group of reports.

        Websites/Multiple Documents

        Title: The National Convention page of the Myanmar Mission, Geneva
        Description/subject: Check here for updates. This page will probably comprise a full record of those parts of the National Convention published in "The New Light of Myanmar" and other military-controlled media. Photos, speeches etc.
        Language: English
        Source/publisher: Myanmar Mission Geneva
        Format/size: html
        Alternate URLs: http://mission.itu.ch/MISSIONS/Myanmar/n-convention/n-convenindex.htm
        Date of entry/update: 23 December 2005


        Individual Documents

        Title: The Fundamental Principles and Detailed Basic Principles (English)
        Date of publication: 10 September 2007
        Description/subject: The 15 chapters of principles adopted by the National Convention which the SPDC has said will form the basis of a new constitution.
        Language: English
        Source/publisher: "The New Light of Myanmar" via Khin Kyaw Han
        Format/size: pdf (546K)
        Date of entry/update: 14 September 2007


        Title: The original chapters on Fundamental Principles and Detailed Basic Principles adopted by the National Convention
        Date of publication: 08 September 2007
        Description/subject: These chapters, 1. State fundamental principles; 2. State Structure; 3. Head of State; 4. Legislature; 5. Executive; 6. Judiciary were adopted by the National Convention between 1993 and 1996. In 2007, in the process of completing the National Convention, some changes were made to the original versions and incorporated into the document issued as “Fundamental Principles and Detailed Basic Principles” (Adopted by the National Convention), online at http://www.ibiblio.org/obl/docs4/DBP-KKH-2.pdf... For the record, and in case anyone wants to compare the versions, they are presented here, along with the section on Self-Administered Divisions and Self-Administered Zones which was not allocated to a specific chapter.
        Language: English
        Source/publisher: "The New Light of Myanmar"
        Format/size: pdf (323K)
        Date of entry/update: 14 September 2007


        Title: Proceedings of the National Convention, 3 September 2007
        Date of publication: 04 September 2007
        Description/subject: Gen Thein Sein delivers concluding speech at plenary session of National Convention. Delegates adopted fundamental principles and detailed basic principles that are vital for perpetual existence of the Union of Myanmar and peace and prosperity of national races -- Yangon, 3 Sept - The following is the concluding speech delivered by Chairman of the National Convention Convening Commission Secretary-1 of the State Peace and Development Council Lt-Gen Thein Sein at the plenary session of the National Convention at Nyaunghnapin Camp today...National Convention successfully concludes with closing address by Chairman of NCCC Secretary-1 Lt-Gen Thein Sein -- Yangon, 3 Sept - The Plenary Session of the National Convention continued at Pyidaungsu Hall in Nyaunghnapin Camp, Hmawby Township, Yangon Division, at 9 am today and it successfully concluded with the closing address by Chairman of National Convention Convening Commission Secretary-1 of the State Peace and Development Council Lt-Gen Thein Sein.
        Language: English
        Source/publisher: "The New Light of Myanmar"
        Format/size: html
        Date of entry/update: 07 September 2007


        Title: Proceedings of the National Convention, 1 September 2007
        Date of publication: 03 September 2007
        Description/subject: The Supreme Court of the Union shall have the exclusive original jurisdiction in all matters arising under any treaty made by the Union -- Yangon, 1 Sept - The Panel of Chairmen of the Plenary Session of the National Convention presented Fundamental Principles and Detailed Basic Principles adopted by the National Convention in drafting the State Constitution to the Plenary Session of the National Convention. The following is detailed basic principles regarding sharing of the judicial power in the chapter Judiciary, and the chapters the Tatmadaw, Citizenship, Fundamental Rights and Duties of Citizens read out by U Maung Hla (a) U Hla Myint of Delegate Group of National Races...Every citizen who is eligible to vote and who has the right to vote by the law shall cast only a vote for each Hluttaw at a constituency -- Yangon, 1 Sept. The Panel of Chairmen of the Plenary Session of the National Convention presented Fundamental Principles and Detailed Basic Principles adopted by the National Convention in drafting the State Constitution to the Plenary Session of the National Convention. The following is detailed basic principles regarding the chapters Election' and Political Parties' read out by U Kan Nyunt of Delegate Group of Peasants.
        Language: English
        Source/publisher: "The New Light of Myanmar"
        Format/size: html
        Date of entry/update: 07 September 2007


        Title: Proceedings of the National Convention, 31 August 2007
        Date of publication: 02 September 2007
        Description/subject: National Convention continues Fundamental Principles and Detailed Basic Principles adopted by NC read out - Yangon, 31 Aug - The Plenary Session of the National Convention continued at Pyidaungsu Hall in Nyaunghnapin Camp, Hmawby Township, Yangon Division, at 9 am today. The Panel of Chairmen presented the Fundamental Principles and Detailed Basic Principles adopted by National Convention...The head of the Supreme Court of the Union shall be called Chief Justice of the Union -- Yangon, 31 Aug - The Panel of Chairmen of the Plenary Session of the National Convention presented Fundamental Principles and Detailed Basic Principles adopted by the National Convention in drafting the State Constitution to the Plenary Session of the National Convention. The following is detailed basic principles regarding Formation of Judiciary in the chapter Judiciary' read out by U Maung Gyi of Delegate Group of Representatives-elect...The President shall be responsible to the Pyidaungsu Hluttaw -- Yangon, 31 Aug - The Panel of Chairmen of the Plenary Session of the National Convention presented Fundamental Principles and Detailed Basic Principles adopted by the National Convention in drafting the State Constitution to the Plenary Session of the National Convention. The following is detailed basic principles regarding Sharing of the executive power in the chapter ?Executive' read out by U Saw Philip (a) U Philip Sam of Delegate Group of Political Parties...Presentation on fundamental principles and detailed basic principles to be published.
        Language: English
        Source/publisher: "The New Light of Myanmar"
        Format/size: html
        Date of entry/update: 07 September 2007


        Title: Proceedings of the National Convention, 30 August 2007
        Date of publication: 31 August 2007
        Description/subject: National Convention continues Fundamental Principles and Detailed Basic Principles adopted by NC read out -- Yangon, 30 Aug - The Plenary Session of the National Convention continued at Pyidaungsu Hall in Nyaunghnapin Camp, Hmawby Township, Yangon Division, at 9 am today. The Panel of Alternate Chairmen presented the Fundamental Principles and Detailed Basic Principles adopted by National Convention...In connection with the term referring to the Attorney-General of the Region or State, it shall be called the Advocate-General of the Region or State -- Yangon, 30 Aug - The Panel of Chairmen of the Plenary Session of the National Convention presented Fundamental Principles and Detailed Basic Principles adopted by the National Convention in drafting the State Constitution to the Plenary Session of the National Convention. The following is detailed basic principles regarding Region or State Attorney-General, Auditor-General of the Region or State, Self-Administered Division or Self-Administered Zone Administrative Body, Self-administered Division or Self-administered Zone, General Administration Department and Administration of Nay Pyi Taw that is Union territory of Formation of Executive in the chapter Executive' by U Myo Thant (Maung Hsu Shin) of the National Convention Convening Work Committee...In connection with the term of the Auditor-General, it shall be called Pyidaungsu Auditor-General -- Yangon, 30 Aug - The Panel of Chairmen of the Plenary Session of the National Convention presented Fundamental Principles and Detailed Basic Principles adopted by the National Convention in drafting the State Constitution to the Plenary Session of the National Convention. The following is detailed basic principles regarding Union Auditor-General and Deputy Auditor-General, Formation of Union Civil Service Board, Region or State Government and Region or State General Administration Department of Formation of Executive in the chapter Executive' by Dr Ma Nan Tu Ja of Delegate Group of Other Invited Persons.
        Language: English
        Source/publisher: "The New Light of Myanmar"
        Format/size: html
        Date of entry/update: 03 September 2007


        Title: Proceedings of the National Convention, 28 August 2007
        Date of publication: 29 August 2007
        Description/subject: National Convention continues Fundamental Principles and Detailed Basic Principles laid down by NC read out -- Yangon, 28 Aug - The Plenary Session of the National Convention continued at Pyidaungsu Hall in Nyaunghnapin Camp, Hmawby Township, Yangon Division, at 9 am today. The Panel of Chairmen presented the Fundamental Principles and Detailed Basic Principles adopted by National Convention...Legislative powers of the State are distributed among Pyidaungsu Hluttaw, region hluttaws and state hluttaws -- Yangon, 28 Aug - The Panel of Chairmen of the Plenary Session of the National Convention presented Fundamental Principles and Detailed Basic Principles adopted by the National Convention in drafting the State Constitution to the Plenary Session of the National Convention. The following is the 'Formation of Legislature' in the Chapter 'Legislature' read out by Member of the Panel of Chairmen of the Plenary Session of the National Convention U Maung Gyi of Delegate Group of Representatives-elect...Region or State Hluttaw representatives shall elect one okkahta and one deputy okkahta from amongst Region or State Hluttaw representatives -- Yangon, 28 Aug - The Panel of Chairmen of the Plenary Session of the National Convention presented Fundamental Principles and Detailed Basic Principles adopted by the National Convention in drafting the State Constitution to the Plenary Session of the National Convention. The following is the ?Formation of Legislature and Sharing of Legislative Power' in the Chapter ?Legislature' presented by Member of the Panel of Chairmen of the Plenary Session of the National Convention U Maung Hla (a) UHla Myint of Delegate Group of National Races...The financial Commission, if need be, may seek advice from financial experts -- Yangon, 28 Aug - The Panel of Chairmen of the Plenary Session of the National Convention presented Fundamental Principles and Detailed Basic Principles adopted by the National Convention in drafting the State Constitution to the Plenary Session of the National Convention. The following is detailed basic principles regarding the formation of financial commission and duties and priviledges in the chapter ?legislature' and basic principles regarding the Pyidaungsu Hluttaw in the section of legislation of Hluttaws at different levels by U Kan Nyunt of Delegate Group of Peasants...National Convention Convening Work Committee holds coord meeting -- Yangon, 28 Aug -The National Convention Convening Work Committee held its coordination meeting at the meeting hall of the NCCWC in Nyaunghnapin Camp in Hmawby Township this morning...To be published -- Yangon, 27 Aug - Fundamental Principles and detailed basic principles regarding Pyithu Hluttaw and Amyotha Hluttaw to be included in the Chapter of Legislation and formation of executive in the Chapter of Executive adopted by National Convention will be published in the dailies.
        Language: English
        Source/publisher: "The New Light of Myanmar"
        Format/size: html
        Date of entry/update: 03 September 2007


        Title: Proceedings of the National Convention, 27 August 2007
        Date of publication: 28 August 2007
        Description/subject: National Convention continues Fundamental Principles and Detailed Basic Principles adopted by NC read out -- Yangon, 27 Aug - The Plenary Session of the National Convention continued at Pyidaungsu Hall in Nyaunghnapin Camp, Hmawby Township, Yangon Division, at 9 am today. The Panel of Chairmen presented the Fundamental Principles and Detailed Basic Principles adopted by National Convention...Nay Pyi Taw, that is the Capital of the Union, is designated as Union territory placed under direct administration of the President of the Union -- Yangon, 27 Aug - The Panel of Chairmen of the Plenary Session of the National Convention presented Fundamental Principles and Detailed Basic Principles adopted by the National Convention in drafting the State Constitution to the Plenary Session of the National Convention. The following is "The State Structure" and The Head of State read out by Member of the Panel of Chairmen of the Plenary Session of the National Convention U Saw Philip (a) U Philip Sam of Delegate Group of Political Parties...Myanmar Naing-Ngan is a sovereign, independent nation -- Yangon, 27 Aug - The Panel of Chairmen of the Plenary Session of the National Convention presented Fundamental Principles and Detailed Basic Principles adopted by the National Convention in drafting the State Constitution to the Plenary Session of the National Convention. The following is the State Fundamental Principles' read out by Member of the Panel of Chairmen of the Plenary Session of the National Convention U Myo Thant (Maung Hsu Shin) of the National Convention Convening Work Committee.
        Language: English
        Source/publisher: "The New Light of Myanmar"
        Format/size: html
        Date of entry/update: 03 September 2007


        Title: Proceedings of the National Convention, 23 August 2007
        Date of publication: 24 August 2007
        Description/subject: Nay Pyi Taw, the Capital of the Union, is designated as Union territory placed under direct administration of the President of the Union -- Yangon, 23 Aug - The following is the clarification of Chairman of the National Convention Convening Work Committe Chief Justice U Aung Toe yesterday on matters regarding the amendments, the additions and the repeals out of the fundamental principles and detailed basic principles that have been adopted by the National Convention.
        Language: English
        Source/publisher: "The New Light of Myanmar"
        Format/size: html
        Date of entry/update: 03 September 2007


        Title: Proceedings of the National Convention, 22 August 2007
        Date of publication: 23 August 2007
        Description/subject: National Convention continues NCCWC Chairman makes clarifications on amendments, additions and repeals -- YANGON, 22 Aug - The Plenary Session of the National Convention continued at Pyidaungsu Hall in Nyaunghnapin Camp, Hmawby Township, Yangon Division, at 9 am today. Chairman of National Convention Convening Work Committee Chief Justice U Aung Toe made clarification on matters concerning the amendments, the additions, the repeals and the transfer out of the fundamental principles and detailed basic principles that have been adopted by the NC and Vice-Chairman of the NCCWC Attorney-General U Aye Maung and Secretary U Thaung Nyunt continued to read out the clarification made by the NCCWC Chairman...Clarification of the Chairman of NCCWC to be published -- YANGON, 22 Aug - The clarification of the Chairman of the National Convention Convening Work Committee on matters concerning the amendments, the additions and the repeals out of the fundmental principles and detailed basic principles that have been adopted by the National Convention will be published in the dailies...Adoption of the amendments, additions and repeals -- YANGON, 22 Aug - The following is the clarification of Chairman of the National Convention Work Committe Chief Justice U Aung Toe on matters regarding the amendments, the additions and the repeals out of the fundamental principles and detailed basic principles that have been adopted by the National Convention.
        Language: English
        Source/publisher: "The New Light of Myanmar"
        Format/size: html
        Date of entry/update: 03 September 2007


        Title: Proceedings of the National Convention, 21 August 2007
        Date of publication: 22 August 2007
        Description/subject: With regard to the judicial matter, Mandalay Region High Court is the high court of the courts situated in Nay Pyi Taw -- Yangon, 21 Aug - The following is the compilation presented by member of the Panel of Chairmen of the Plenary Session of the National Convention U Maung Gyi of Delegate Group of Representatives-elect on suggestions made by Delegate Groups on matters concerning the amendments, the additions and the repeals and the transfer out of the fundamental principles and detailed basic principles that have been adopted by the National Convention...Agitators taken into custody for undermining stability and security of the nation, attempting to disrupt National Convention -- Nay Pyi Taw, 21 Aug - The government is striving for the emergence of a peaceful, modern, developed and discipline-flourishing democratic nation and proper evaluation of the market-oriented economic system desired by the entire people...The 15 points the Work Committee has explained should be transferred to relevant chapters -- Yangon, 21 Aug - The following is the compilation presented by member of the Panel of Chairmen of the Plenary Session of the National Convention U Maung Hla (a) U Hla Myint of Delegate Group of National Races on suggestions made by the Delegate Groups on matters concerning the amendments, the additions and the repeals and the transfer out of the fundamental principles and detailed basic principles that have been adopted by the National Convention...Para 15, sub-para 5 in sharing of legislative power no longer needs to be prescribed, and it should be revoked -- Yangon, 21 Aug - The following is the compilation presented by member of the Panel of Chairmen of the Plenary Session of the National Convention U Kan Nyunt of Delegate Group of Peasants on suggestions made by Delegate Groups on matters concerning the amendments, the additions and the repeals and the transfer out of the fundamental principles and detailed basic principles that have been adopted by the National Convention...Delegate groups and many delegates expressed their support of amending, adding suitable words to, and repealing some basic principles and detailed basic principles explained by Work Committee Chairman -- Yangon, 21 Aug - The following is the compilation presented by member of the Panel of Chairmen of the Plenary Session of the National Convention U Kyaw Win Tun of Delegate Group of Workers on suggestions made by Delegate Groups on matters concerning the amendments, the additions and the repeals and the transfer out of the fundamental principles and detailed basic principles that have been adopted by the National Convention...Seven delegate groups of National Convention organize group meetings -- Yangon, 21 Aug - The Delegate Groups of Representatives-elect, National Races, Peasants, Workers, Intellectuals and Intelligentsia, State Service Personnel and Other Invited Persons held group meetings at the designated places of Nyaunghnapin Camp in Hmawby Township this morning.
        Language: English
        Source/publisher: "The New Light of Myanmar"
        Format/size: html
        Date of entry/update: 03 September 2007


        Title: Proceedings of the National Convention, 20 August 2007
        Date of publication: 21 August 2007
        Description/subject: National Convention continues Compilation of suggestions on amendments, additions, repeals and transfer presented -- Yangon, 20 Aug - The Plenary Session of the National Convention continued at Pyidaungsu Hall in Nyaunghnapin Camp, Hmawby Township, Yangon Division, at 9 am today. The Panel of Chairmen presented compilation on suggestions of Delegate Groups on matters concerning the amendments, the additions, the repeals and the transfer out of the fundamental principles and detailed basic principles that have been adopted by National Convention...Meetings of delegate groups of National Convention held...The term, Chairman of Yangon Council, prescribed in sub-para (c) 6 of para 16 of detailed basic principle for Formation of Financial Commission should be replaced with the term , Chairman of Nay Pyi Taw Council -- Yangon, 20 Aug - The following is the compilation presented by member of the Panel of Chairmen of the Plenary Session of the National Convention U Saw Philip (a) U Philip Sam Delegate Group of Political Parties on suggestions made by Delegate Groups on matters concerning the amendments, the additions and the repeals and the transfer out of the fundamental principles and detailed basic principles that have been adopted by the National Convention...The designation of Yangon as a Union territory under direct administration of the president should be revoked -- Yangon, 20 Aug - The following is the compilation presented by member of the Panel of Chairmen of the Plenary Session of the National Convention U Myo Thant (Maung Hsu Shin) of National Convention Convening Work Committee on suggestions made by Delegate Groups on matters concerning the amendments, the additions and the repeals and the transfer out of the fundamental principles and detailed basic principles that have been adopted by the National Convention...The word the respective should be added to the word Union territories for the usage to be more precise -- Yangon, 20 Aug - The following is the compilation presented by member of the Panel of Chairmen of the Plenary Session of the National Convention Dr Ma Nan Tu Ja of Delegate Group of Other Invited Persons on suggestions made by Delegate Groups on matters concerning the amendments, the additions and the repeals and the transfer out of the fundamental principles and detailed basic principles that have been adopted by the National Convention...The Hluttaw to be formed with Hluttaw representatives elected on the basis of township as well as on the basis of population -- Yangon, 20 Aug - The following is the compilation presented by member of the Panel of Chairmen of the Plenary Session of the National Convention U Tin Kha of Delegate Group of State Service Personnel on suggestions made by Delegate Groups on matters concerning the amendments, the additions and the repeals and the transfer out of the fundamental principles and detailed basic principles that have been adopted by the National Convention.
        Language: English
        Source/publisher: "The New Light of Myanmar"
        Format/size: html
        Date of entry/update: 03 September 2007


        Title: Proceedings of the National Convention, 16 August 2007
        Date of publication: 17 August 2007
        Description/subject: The State means a body or a person that exercises legislative and executive powers according to this Constitution -- Yangon, 16 Aug -The following is the suggestions of Delegate Group of Workers on matters concerning the amendments, the additions, the repeals and the transfer out of the fundamental principles and detailed basic principles that have been adopted by National Convention...The Auditor-General of the Region or State is responsible to the President through the Chief Minister of the Region or State concerned -- Yangon, 16 Aug - The following is the suggestions of Delegate Group of Intellectuals and Intelligentsia on matters concerning the amendments, the additions, the repeals and the transfer out of the fundamental principles and detailed basic principles that have been adopted by National Convention...The State fundamental principles are the guidelines to be followed by the legislative Hluttaws in enacting laws and interpreting provisions of the State Constitution and of other laws -- Yangon, 16 Aug - The following is the suggestions of Delegate Group of State Service Personnel on matters concerning the amendments, the additions, the repeals and the transfer out of the fundamental principles and detailed basic principles that have been adopted by National Convention...The application of these principles in legislation and administration shall be the care of the State but shall not be enforceable in any court or law -- Yangon, 16 Aug - The following is the suggestions of Delegate Group of Other Invited Persons on matters concerning the amendments, the additions, the repeals and the transfer out of the fundamental principles and detailed basic principles that have been adopted by National Convention.
        Language: English
        Source/publisher: "The New Light of Myanmar"
        Format/size: html
        Date of entry/update: 03 September 2007


        Title: Proceedings of the National Convention, 15 August 2007
        Date of publication: 16 August 2007
        Description/subject: National Convention continues Suggestions on the amendments, the additions, the repeals and the transfer presented; The term discipline-flourishing genuine multiparty democracy? should be used in drafting the Constitution; The State means a body or a person that exercises legislative and executive powers according to this Constitution; The President of the State shall exercise relaxation of stipulation on age limit.
        Language: English
        Source/publisher: Myanmar Mission, Geneva
        Format/size: html
        Date of entry/update: 17 August 2007


        Title: Proceedings of the National Convention, 14 August 2007
        Date of publication: 15 August 2007
        Description/subject: National Convention continues Suggestions on the amendments, the additions, the repeals and the transfer presented; The President of the State shall exercise relaxation of stipulation on age limit; Nay Pyi Taw, that is the Capital of the Union, is designated as Union territory placed under direct administration of the President of the Union; The Advocate-General of the Region or State is responsible to the President of the State through the Chief Minister of the Region or State concerned; Making the adopted basic principles and detailed principles more complete is practical and reasonable; Mandalay Region High Court is the high court of the courts situated in Nay Pyi Taw.
        Language: English
        Source/publisher: Myanmar Mission, Geneva
        Format/size: html
        Date of entry/update: 17 August 2007


        Title: Proceedings of the National Convention, 9 August 2007
        Date of publication: 10 August 2007
        Description/subject: Meetings of delegate groups of National Convention continue
        Language: English
        Source/publisher: Myanmar Mission, Geneva
        Format/size: html
        Date of entry/update: 17 August 2007


        Title: Proceedings of the National Convention, 7 August 2007
        Date of publication: 08 August 2007
        Description/subject: Meetings of delegate groups of National Convention continue.
        Language: English
        Source/publisher: Myanmar Mission, Geneva
        Format/size: html
        Date of entry/update: 17 August 2007


        Title: Proceedings of the National Convention, 6 August 2007
        Date of publication: 07 August 2007
        Description/subject: National Convention continues Clarification on the amendments, additions, repeals and transfer made; The State fundamental principles are the guidelines to be followed by the legislative Hluttaws in enacting laws and interpreting provisions of State Constitution and of other laws: Yangon, 6 Aug - The following is the clarification made by the Chairman of the National Convention Convening Work Committee on the amendment, the repeal, the transfer and the addition at the Plenary Session of the National Convention at Nyaunghnapin Camp in Hmawby Township today.
        Language: English
        Source/publisher: Myanmar Mission, Geneva
        Format/size: html
        Date of entry/update: 17 August 2007


        Title: Proceedings of the National Convention, 5 August , 2007
        Date of publication: 06 August 2007
        Description/subject: NCC Work Committee Chairman's clarification on detailed basic principles that should be adopted for Chapter "General Provisions" presented
        Language: English
        Source/publisher: Myanmar Mission, Geneva
        Format/size: html
        Date of entry/update: 17 August 2007


        Title: Proceedings of the National Convention, 4 August 2007
        Date of publication: 05 August 2007
        Description/subject: Detailed basic principles that should be adopted for Chapter “Transitory Provisions” clarified: YANGON, 4 Aug — The following is the clarification of the National Convention Convening Work Committee on the detailed basic principles that should be adopted in the chapter “Transitory Provisions” to be included in drawing the State constitution at Nyaunghnapin Camp in Hmawby Township on 2-8- 2007.
        Language: English
        Source/publisher: Myanmar Mission, Geneva
        Format/size: html
        Date of entry/update: 17 August 2007


        Title: Proceedings of the National Convention, 1 August 2007
        Date of publication: 02 August 2007
        Description/subject: Plenary Session of National Convention continues at Nyaunghnapin Camp in Hmawby Township: "YANGON, 1 Aug — The plenary session of the National Convention continued at Pyidaungsu Hall in Nyaunghnapin Camp, Hmawby Township, here, at 9 am today..." ... NCC Work Committee Chairman’s clarification on detailed basic principles that should be adopted for Chapter “Election” presented: "YANGON, 1 Aug — The following is the clarification on the detailed basic principles that should be adopted in the chapter “Election” out of chapters“Election”, “Political Parties”, and “Provisions on State of Emergency” to be included in drawing the State constitution at the Plenary Session of the National Convention at Nyaunghnapin Camp in Hmawby Township today..."... Members of the National Convention Convening Work Committee (NCCWC) presented clarification of the Chairman of the NCCWC on laying down detailed basic principles for the chapters“Election”, “Political Parties” and “Provisions on State of Emergency” to be included in the State Constitution to the plenary session of the National Convention..."...Detailed basic principles that should be adopted for Chapter “Political Parties” clarified: "YANGON, 1 Aug — The following is the clarification on the detailed basic principles that should be adopted in the chapter “Political Parties” out of chapters “Election”, “Political Parties”, and “Provisions on State of Emergency” to be included in drawing the State constitution at the Plenatry Session of the National Convention at Nyaunghnapin Camp in Hmawby Township today..."
        Language: English
        Source/publisher: Myanmar Mission, Geneva
        Format/size: html
        Date of entry/update: 10 August 2007


        Title: Proceedings of the National Convention, 30 July 2007
        Date of publication: 31 July 2007
        Description/subject: Delegate group of Intellectuals and Intelligentsia of National Convention meets: "YANGON, 30 July - The Meeting of Delegate group of Intellectuals and Intelligentsia of National Convention was held at hall-6 of Nyaunghnapin Camp, Hmawby Township, at 9 am today..."
        Language: English
        Source/publisher: Myanmar Mission, Geneva
        Format/size: html
        Date of entry/update: 10 August 2007


        Title: Proceedings of the National Convention, 27 July 2007
        Date of publication: 28 July 2007
        Description/subject: Delegate groups of National Convention meet in group discussions: "Yangon, 27 July - Delegate groups of Representatives-elect, National Races, Peasants, Workers and State Service Personnel organized the group meetings at the designated places of Nyaunghnapin Camp in Hmawby Township this morning..."
        Language: English
        Source/publisher: Myanmar Mission, Geneva
        Format/size: html
        Date of entry/update: 10 August 2007


        Title: Proceedings of the National Convention, 25 July 2007
        Date of publication: 26 July 2007
        Description/subject: National Convention Convening Commission holds meeting No 5/2007 Some proposals deserve serious consideration Entire people are aspiring for emergence of a State constitution. Yangon, 25 July-The National Convention Convening Commission held its meeting No 5/2007 at Nyaunghnapin Camp in Hmawby Township here this morning, with an address by NCCC Chairman Secretary-1 of the State Peace and Development Council Lt-Gen Thein Sein...A Constitution is the main law that reflects a nation's history and portrays the structure of that nation Yangon, 23 July - The following is the collection of suggestions made by NC delegates on the Chapter General Provisions submitted to the Plenary Session of the National Convention held at the Pyidaungsu Hall of Nyaunghnapin Camp in Hmawby Township on 23 July 2007.
        Language: English
        Source/publisher: Myanmar Mission, Geneva
        Format/size: html
        Date of entry/update: 10 August 2007


        Title: Proceedings of the National Convention, 24 July 2007
        Date of publication: 25 July 2007
        Description/subject: “Existing laws shall remain in force until and unless they are repealed or amended by the Pyidaungsu Hluttaw” The following is the collection of suggestions made by NC delegates on the “Transitory Provisions” submitted to the Plenary Session of the National Convention held at the Pyidaungsu Hall of Nyaunghnapin Camp in Hmawby Township.
        Language: English
        Source/publisher: "The New Light of Myanmar"
        Format/size: pdf (175K)
        Date of entry/update: 25 July 2007


        Title: Proceedings of the National Convention, 23 July 2007
        Date of publication: 24 July 2007
        Description/subject: Panel of Alternate Chairmen presents collections of suggestions made by NC delegates on laying down detailed basic principles for Chapters “Amendment of the Constitution”, “State Flag, State Seal, National Anthem and the Capital”, “Transitory Provisions” and “General Provisions” to be included in State Constitution..."The detailed basic principles are suitable to be adopted" : YANGON, 23 July — The following is the collection of suggestions made by NC delegates on the Chapters “Amendment of the Constitution” and “State Flag, State Seal, National Anthem and the Capital” s u b m i t t e d to the Plenary Session of the National Convention held at the Pyidaungsu Hall of Nyaunghnapin Camp in Hmawby Township today.
        Language: English
        Source/publisher: "The New Light of Myanmar"
        Format/size: pdf (363K)
        Alternate URLs: http://www.ibiblio.org/obl/docs4/Proc2007-07-23.pdf
        Date of entry/update: 24 July 2007


        Title: Proceedings of the National Convention, 20 July 2007
        Date of publication: 21 July 2007
        Description/subject: Panel of Alternate Chairmen presents collections of suggestions made by NC delegates on laying down detailed basic principles for Election, Political Parties and Provisions on State of Emergency to be included in State Constitution; "Every citizen shall have the right to vote and to stand for election according to law" - "YANGON, 20 July— The following is the collection of suggestions made by NC delegates on “Election” submitted to the Plenary Session of the National Convention held at the Pyidaungsu Hall of Nyaunghnapin Camp in Hmawby Township today."
        Language: English
        Source/publisher: "The New Light of Myanmar"
        Format/size: pdf (361K)
        Date of entry/update: 21 July 2007


        Title: Proceedings of the National Convention, 18 July 2007
        Date of publication: 19 July 2007
        Description/subject: National Convention reconvenes at Nyaunghnapin Camp in Hmawby Township; "Those with negative views about NC just a handful of people, whereas those supporting the NC majority" - opening speech delivered by Chairman of the National Convention Convening Commission Secretary-1 of the State Peace and Development Council Lt-Gen Thein Sein at the Plenary Session of the National Convention which resumed today; Secretary of National Convention Convening Commission explains procedures of the National Convention) - the clarification on procedures of the National Convention made by Secretary of the National Convention Convening Commission Minister for Information Brig-Gen Kyaw Hsan at the Plenary Session of the National Convention that resumed today.
        Language: English
        Source/publisher: "The New Light of Myanmar"
        Format/size: pdf (62K)
        Date of entry/update: 21 July 2007


        Title: The KIO proposal for constitutional provisions and clauses
        Date of publication: July 2007
        Description/subject: "...The KIO strongly urges the adoption of the following amendments in the Constitution..."
        Language: English
        Source/publisher: Kachin Independence Organization (KIO)
        Format/size: pdf (25K)
        Date of entry/update: 17 August 2007


        Title: Reports on meeetings of the National Convention from October 2006 to June 2007
        Date of publication: 22 June 2007
        Description/subject: Reports on meetings of the National Convention from October 2006 to June 2007 not yet uploaded to this Library may be found here, on the website of the Myanmar Mission, Geneva.
        Language: English
        Source/publisher: Myanmar Mission, Geneva
        Format/size: html
        Date of entry/update: 21 July 2007


        Title: Proceedings of the National Convention, 5 June 2007
        Date of publication: 07 June 2007
        Description/subject: National Convention final session begins on 18 July After thoroughly reviewing all adopted basic principles, detailed basic principles,some amendments, additions and nullification to some of the points are to be made to ensure that the Constitution is free from flaws and weaknesses
        Language: English
        Source/publisher: "The New Light of Myanmar" via The Myanmar Mission, Geneva
        Format/size: html
        Date of entry/update: 21 July 2007


        Title: Proceedings of the National Convention, 29 December, 2006
        Date of publication: 30 December 2006
        Description/subject: Referendum will be held after the committee for drawing the State Constitution completes its work according to the principles adopted through collective discussions of delegates of all national races (full text of speech by Chairman of the National Convention Convening Commission Secretary-1 of the State Peace and Development Council Lt-Gen Thein Sein.)
        Language: English
        Source/publisher: "The New Light of Myanmar" via The Myanmar Mission, Geneva
        Format/size: html
        Date of entry/update: 21 July 2007


        Title: Proceedings of the National Convention, 2 December, 2006
        Date of publication: 03 December 2006
        Description/subject: The following is the proposals submitted by independent representatives-elect Dr Hmu Htan of Thantlang Township Constituency in Chin State, U Aung Thein of Ywangan Township Constituency in Shan State (South) and U Tun Kyaw of Namhsan Township Constituency in Shan State (North) on the detailed basic principles for the Chapter “Election”, the Chapter “Political Parties” and the Chapter “Provisions on State of Emergency” to be included in State constitution at the Plenary Session of the National Convention in Nyaunghnapin Camp in Hmawby Township, Yangon Division on 29-11-2006.
        Language: English
        Source/publisher: "The New Light of Myanmar" via The Myanmar Mission, Geneva
        Format/size: html
        Date of entry/update: 21 July 2007


        Title: Proceedings of the National Convention, 14 November, 2006
        Date of publication: 15 November 2006
        Description/subject: On detailed basic principles for the Chapter “General Provisions” ... “This Constitution is the basic law of laws of the State.”...covering language, economic enterprises, treaties, the Constitutional Tribunal.
        Language: English
        Source/publisher: "The New Light of Myanmar" via The Myanmar Mission, Geneva
        Format/size: html
        Alternate URLs: http://www.ibiblio.org/obl/docs2/NLM2006-11-15.pdf
        Date of entry/update: 21 July 2007


        Title: Proceedings of the National Convention,10 November, 2006
        Date of publication: 11 November 2006
        Description/subject: On detailed basic principles for "Amendment of the Constitution" and "State Flag, State Seal, National Anthem and the Capital"
        Language: English
        Source/publisher: "The New Light of Myanmar" via The Myanmar Mission, Geneva
        Format/size: html
        Date of entry/update: 21 July 2007


        Title: Proceedings of the National Convention, 1 November, 2006
        Date of publication: 02 November 2006
        Description/subject: Presentations on laying down detailed basic principles for Chapter "Provisions on State of Emergency"...Delegate groups of National Convention hold group meetings on compilation of proposals.
        Language: Englsh
        Source/publisher: "The New Light of Myanmar" via The Myanmar Mission, Geneva
        Format/size: html
        Date of entry/update: 21 July 2007


        Title: Proceedings of the National Convention, 30 and 31 October 2006
        Date of publication: 01 November 2006
        Description/subject: On detailed basic principles for "Provisions on State of Emergency", "Political Parties" and "Provisions on State of Emergency"
        Language: English
        Source/publisher: "The New Light of Myanmar" via The Myanmar Mission, Geneva
        Format/size: html
        Date of entry/update: 21 July 2007


        Title: Proceedings of the National Convention, 30 October 2006
        Date of publication: 31 October 2006
        Description/subject: On detailed basic principles for the Chapters "Election" and "Political Parties" ...Social systems, values said to be best for certain countries may not be valuable for Myanmar Secretary-1 Lt-Gen Thein Sein addresses conclusion of special refresher course No 10 for faculty members
        Language: English
        Source/publisher: "The New Light of Myanmar" via The Myanmar Mission, Geneva
        Format/size: html
        Date of entry/update: 21 July 2007


        Title: Proceedings of the National Convention, 28 October 2006
        Date of publication: 29 October 2006
        Description/subject: On detailed basic principles for the Chapter “The Role of the Tatmadaw” for drafting the State Constitution...On detailed basic principles for the Chapter “Citizenship, Fundamental Rights & Duties of Citizens”
        Language: English
        Source/publisher: "The New Light of Myanmar"
        Format/size: html
        Date of entry/update: 21 July 2007


        Title: Proceedings of the National Convention, 27 October 2006
        Date of publication: 28 October 2006
        Description/subject: Clarification made on adoption of detailed basic principles for Chapter “Citizenship, Fundamental Rights & Duties of Citizens” for drafting the State Constitution Plenary Session of National Convention continues...It is appropriate that members of Region or State Hluttaw have freedom of speech and voting at the Region or State Hluttaw as well as at Region or State Hluttaw committee and body...detailed basic principles for legislative functions of the Region or State Hluttaw to be included in the chapter “Legislation”
        Language: English
        Source/publisher: "The New Light of Myanmar"
        Format/size: html
        Date of entry/update: 21 July 2007


        Title: Proceedings of the National Convention, 26 October 2006
        Date of publication: 27 October 2006
        Description/subject: Clarification on laying down the detailed basic principles for legislation of Region or State Hluttaw and the Tatmadaw Chapter made Plenary Session of National Convention continues...clarification on laying down the detailed basic principles for legislation of Region or State Hluttaw and the Tatmadaw
        Language: English
        Source/publisher: "The New Light of Myanmar"
        Format/size: html
        Date of entry/update: 21 July 2007


        Title: Proceedings of the National Convention, 25 October 2006
        Date of publication: 26 October 2006
        Description/subject: NC Plenary Session continues... Members of the National Convention Convening Work Committee read out the clarification on laying down the detailed basic principles for legislation of Pyidaungsu Hluttaw, Pyithu Hluttaw and Amyotha Hluttaw to be included in the chapter Legislation in drafting the State Constitution...
        Language: English
        Source/publisher: "The New Light of Myanmar"
        Format/size: html
        Date of entry/update: 21 July 2007


        Title: PROCEEDINGS OF THE NATIONAL CONVENTION 19 October 2006
        Date of publication: 20 October 2006
        Description/subject: Delegate groups of National Convention hold meetings.
        Language: English
        Source/publisher: "The New Light of Myanmar"
        Format/size: html (8.5K)
        Alternate URLs: http://myanmargeneva.org/n-convention/NC_19oct06Continues.htm
        Date of entry/update: 07 February 2007


        Title: PROCEEDINGS OF THE NATIONAL CONVENTION 18 October 2006
        Date of publication: 19 October 2006
        Description/subject: All are to strive for success of National Convention in accordance with adopted procedures - Secretary-1 Lt-Gen Thein Sein addresses Meeting No 11/2006 of NCCC.
        Language: English
        Source/publisher: "The New Light of Myanmar"
        Format/size: html (5.3K)
        Alternate URLs: http://myanmargeneva.org/n-convention/NC_meeting%20No.11_2006.htm
        Date of entry/update: 07 February 2007


        Title: PROCEEDINGS OF THE NATIONAL CONVENTION 17 October 2006
        Date of publication: 18 October 2006
        Description/subject: Delegate groups of National Convention hold meetings.
        Language: English
        Source/publisher: "The New Light of Myanmar"
        Format/size: html (12K)
        Alternate URLs: http://myanmargeneva.org/n-convention/NC_17oct06Continues.htm
        Date of entry/update: 07 February 2007


        Title: PROCEEDINGS OF THE NATIONAL CONVENTION 14 October 2006
        Date of publication: 15 October 2006
        Description/subject: The Chief Ministers should have the right to send their opinions and hold discussions on the bills passed by the Region or State Hluttaws Suggestions of delegates concerning detailed basic principles for the chapter “Region or State Hluttaws” presented to NC Plenary Session.
        Language: English
        Source/publisher: "The New Light of Myanmar"
        Format/size: html (39K)
        Date of entry/update: 07 February 2007


        Title: PROCEEDINGS OF THE NATIONAL CONVENTION 13 October 2006
        Date of publication: 14 October 2006
        Description/subject: Suggestions of delegates concerning detailed basic principles for the chapters “Pyithu Hluttaw” and “Amyotha Hluttaw” presented to NC Plenary Session.
        Language: English
        Source/publisher: "The New Light of Myanmar"
        Format/size: html (51K)
        Date of entry/update: 07 February 2007


        Title: PROCEEDINGS OF THE NATIONAL CONVENTION 12 October 2006
        Date of publication: 13 October 2006
        Description/subject: Plenary Session of National Convention continues at Nyaunghnapin Camp in Hmawby Township; Presentations on Pyithu Hluttaw, Amyotha Hluttaw and Region or State Hluttaws to be published; Every citizen has the duty to cherish and value the national cultural heritage; Presentation of the Panel of Chairmen on suggestions of delegates to the national Convention for adoption of detailed basic principles to be included in drawing the State Constitution for the chapter “The Role of the Tatmadaw”;
        Language: English
        Source/publisher: "The New Light of Myanmar"
        Format/size: html (72K)
        Date of entry/update: 07 February 2007


        Title: Proceedings of the National Convention, 11 October 2006
        Date of publication: 12 October 2006
        Description/subject: Plenary Session of the National Convention continues: Pyidaungsu Hluttaw members have the duty to regularly attend the meeting; A person who is not entitled to attend the Pyidaungsu Hluttaw sat, voted, or had participated in the proceedings of the Hluttaw should not happen; Delegate groups of National Convention hold meetings;
        Language: English
        Source/publisher: "The New Light of Myanmar"
        Format/size: html (68K)
        Date of entry/update: 07 February 2007


        Title: PROCEEDINGS OF THE NATIONAL CONVENTION 10 October 2006 (a)
        Date of publication: 11 October 2006
        Description/subject: Plenary Session of National Convention resumes at Nyaunghnapin Camp in Hmawby Township; NC delegates openly submit their true desires as they feel bitter about accusation and evil acts of US against the country Special Plenary Session of National Convention held at Nyaunghnapin Camp in Hmawby Township; Myanmar an ideal in abiding by the Law of the United Nations; With prevalence of peace and stability coupled with national development, all are to get rid of any act to impede the process of transition to democracy; US using the UN as a tool is making attempt to interfere in Myanmar’s internal affairs; All are to protect sovereignty and independence of the State, prevent destructive acts; It is necessary for a country to be free from outside instigation in building a new one; Myanmar people are determined to defend nation at risk of their lives; Accusations made by the US are totally contrary to the present situation of Myanmar; Mediamen cover news on NC Plenary Session.
        Language: English
        Source/publisher: "The New Light of Myanmar"
        Format/size: html (69K)
        Date of entry/update: 07 February 2007


        Title: PROCEEDINGS OF THE NATIONAL CONVENTION 10 October 2006 (b)
        Date of publication: 11 October 2006
        Description/subject: The Plenary Session of National Convention Speech of S1-Thein Sein 10 oct 06: Unprecedented achievements made on self-reliance basis with the people’s strength by overcoming various hardships and difficulties National development in various sectors highlights that foundations for democratic transition are getting stronger.
        Language: English
        Source/publisher: "The New Light of Myanmar"
        Format/size: html (10K)
        Date of entry/update: 07 February 2007


        Title: Proceedings of the National Convention, 10 October 2006 (c)
        Date of publication: 11 October 2006
        Description/subject: Internal and external destructive elements resorting to various means to disrupt and obstruct the National Convention... We will protect the National Convention and delegates from any forms of danger..."The following is the full text of clarification made by Secretary of National Convention Convening Commission Minister for Information Brig-Gen Kyaw Hsan..."
        Language: English
        Source/publisher: "The New Light of Myanmar"
        Format/size: html (23K)
        Date of entry/update: 25 November 2006


        Title: Proceedings of the National Convention, 8 October 2006
        Date of publication: 09 October 2006
        Description/subject: Press conference on matters related to National Convention held.
        Language: English
        Source/publisher: "The New Light of Myanmar"
        Format/size: html (3.5K)
        Date of entry/update: 25 November 2006


        Title: Proceedings of the National Convention, 3 October 2006
        Date of publication: 04 October 2006
        Description/subject: Secretary-1 inspects arrangements for National Convention...Shan State (North)’s delegates to NC arrive.
        Language: English
        Source/publisher: "The New Light of Myanmar"
        Format/size: html (4.4K)
        Date of entry/update: 25 November 2006


        Title: Proceedings of the National Convention, 22 September 2006
        Date of publication: 23 September 2006
        Description/subject: Coord meeting of NCC Management Committee held
        Language: English
        Source/publisher: "The New Light of Myanmar"
        Format/size: html (5K)
        Date of entry/update: 25 November 2006


        Title: Proceedings of the National Convention, 9 September 2006
        Date of publication: 10 September 2006
        Description/subject: National Convention will resume at Nyaunghnapin Camp on 10 October...All the NC delegates are to report not later than 7 October... Secretary-1 Lt-Gen Thein Sein attends work coordination meeting, 3/2006 of NCCC, NCC Work Committee, NCC Management Committee.
        Language: English
        Source/publisher: "The New Light of Myanmar"
        Format/size: html (5.5K)
        Date of entry/update: 24 November 2006


        Title: Proceedings of the National Convention, 17 June 2006
        Date of publication: 18 June 2006
        Description/subject: NCC Commission will scrutinize papers presented by NCC Work Committee for laying detailed basic principles at coming National Convention; National Convention Convening Commission holds 4/2006 meeting
        Language: English
        Source/publisher: The New Light of Myanmar 18 June 2006
        Format/size: html (6.3K)
        Date of entry/update: 24 November 2006


        Title: Proceedings of the National Convention, 31 January 2006
        Date of publication: 01 February 2006
        Description/subject: The Plenary Meeting of National Convention Concluded: People in all states, divisions witnessing progress in adopting detailed basic principles unanimously support National Convention... NCCC Chairman gives concluding remarks at NC plenary session...Secretary-1 Lt-Gen Thein Sein sees off NC delegates.
        Language: English
        Source/publisher: "The New Light of Myanmar"
        Format/size: html (19K)
        Date of entry/update: 04 February 2006


        Title: Proceedings of the National Convention, 30 January 2006
        Date of publication: 31 January 2006
        Description/subject: Plenary Session of National Convention continues: Delegate Groups of State Service Personnel, Other Invited Persons present suggestions on detailed basic principles to be laid down for the Chapters on Citizenship, Fundamental Rights and Duties of Citizens and the Role of the Tatmadaw...Citizens have to be loyal to the State, and in return the State has to care them...Delegates of other invited persons group pledge to march together with Tatmadaw till reaching discipline-flourishing democratic state... Citizenship, naturalization and revocation of citizenship shall be prescribed by the law... State shall help national businessmen have access to technologies, investments, machinery, and raw materials...Tatmadaw, core armed forces for national defence.
        Language: Engish
        Source/publisher: "The New Light of Myanmar"
        Format/size: html (70K)
        Date of entry/update: 01 February 2006


        Title: Proceedings of the National Convention, 29 January 2006
        Date of publication: 30 January 2006
        Description/subject: Plenary Session of the National Convention continues: Occupying strategic position Myanmar has to take great care in laying down policies on national defence, security and military affairs...As soldiers are born of the people, they have to ensure public security and serve public interest...48 detailed basic principles and 29 paras should be adopted...Tatmadaw has right to independently administer all affairs concerning the force.
        Language: English
        Source/publisher: "The New Light of Myanmar"
        Format/size: html (39K)
        Date of entry/update: 01 February 2006


        Title: Proceedings of the National Convention, 28 January 2006
        Date of publication: 29 January 2006
        Description/subject: Plenary Session of the National Convention continues... Right of religious freedom should cover not only citizens but also foreign registration citizens...Mostly, State security and defence task involves secrets that need urgent action and swift accomplishment...High literacy rate plays important role in building modern developed nation.
        Language: English
        Source/publisher: "The New Light of Myanmar"
        Format/size: html (30K)
        Date of entry/update: 01 February 2006


        Title: Proceedings of the National Convention, 27 January 2006
        Date of publication: 28 January 2006
        Description/subject: Plenary Session of the National Convention continues...Delegate Groups of Peasants, Workers and Intellectuals and Intelligentsia present suggestions on detailed basic principles to be laid down for Chapters Citizenship, Fundamental Rights and Duties of Citizens and Role of the Tatmadaw ... Discussions held by delegates at National Convention with unity will go down in the annals of history...The delegate group of national races support adoption of detailed basic principles explained by the Work Committee Chairman...Tatmadaw will strive together with other forces to steer nation towards democracy in accord with new constitution...Abuse of religion for political purposes forbidden...Six points on protection of the State according to the Constitution explained by the Work Committee Chairman should be adopted...Obedience serves as system to control entire Tatmadaw
        Language: English
        Source/publisher: "The New Light of Myanmar"
        Format/size: html (59K)
        Date of entry/update: 28 January 2006


        Title: Proceedings of the National Convention, 26 January 2006
        Date of publication: 27 January 2006
        Description/subject: Plenary Session of the National Convention continues... Delegate Group of Representatives-elect, Delegate Group of National Races submit suggestions...Only when the Tatmadaw is strong, will it be able to discharge State security and defence duties and protect and safeguard sovereignty and lives and property of the people...The 14 detailed basic principles explained by the Work Committee should be adopted...Independent representatives-elect support adoption of detailed basic principles for Citizen and Tatmadaw...State shall enable any citizen to enjoy equal rights before the law and shall equally provide legal protection...
        Language: English
        Source/publisher: "The New Light of Myanmar"
        Format/size: html (50K)
        Date of entry/update: 28 January 2006


        Title: Proceedings of the National Convention, 25 January 2006
        Date of publication: 26 January 2006
        Description/subject: Plenary Session of the National Convention continues... Delegates of political parties, Representatives-elect submit suggestions on detailed basic principles for the Chapters Citizenship, Fundamental Rights and Duties of Citizens and the Role of Tatmadaw to be included in the State Constitution...Fourteen points for the Role of the Tatmadaw appropriate to be adopted as detailed basic principles...Union Kayin League supports adoption of all detailed basic principles of chapters concerning citizens and Tatmadaw
        Language: English
        Source/publisher: "The New Light of Myanmar"
        Format/size: html (28K)
        Date of entry/update: 28 January 2006


        Title: Proceedings of the National Convention, 24 January, 2006
        Date of publication: 24 January 2006
        Description/subject: Plenary Session of the National Convention continues. Delegates of political parties submit suggestions on detailed basic principles for the chapters Citizenship, Fundamental Rights and Duties of Citizens and the Role of Tatmadaw to be included in the State Constitution...The principles No 1 to 14 for Role of Tatmadaw the Work Committee discussed should be adopted...NUP finds detailed basic principles for Citizenship, Rights and Duties of Citizens and Role of Tatmadaw within framework of 104 basic principles.
        Language: English
        Source/publisher: "The New Light of Myanmar"
        Format/size: html (41K)
        Date of entry/update: 28 January 2006


        Title: Proceedings of the National Convention, 20 January 2006
        Date of publication: 21 January 2006
        Description/subject: NC