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Legal sources and literature

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

    Individual Documents

    Title: Remembering the work of Professor Andrew Huxley
    Date of publication: 08 December 2014
    Description/subject: "It is with sadness I heard this week of the passing of Professor Andrew Huxley of the School of Oriental and African Studies (SOAS), London...Professor Huxley spent part of his academic career expanding our understanding of Burmese Buddhist law and locating it in the context of the literature on Buddhist law in Southeast Asia. For readers looking for a concise overview of the literature on Burmese Buddhist law published from the 1980s to 2001, his review offers an excellent introduction. Professor Huxley highlighted the way in which the dhammathats are evidence of the important role that law played under the kings, and that it was not the British who first introduced the rule of law in Burma. He argued that Burmese Buddhist law is relevant and needs to be understood by historians, Pali scholars and lawyers, because it remains the source of personal law for most Buddhists in Myanmar. His work has advocated for the view that the legal system that existed in Burma prior to colonialism was well-developed..."
    Author/creator: Melissa Crouch
    Language: English
    Source/publisher: "New Mandala"
    Format/size: html
    Date of entry/update: 14 December 2014


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


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


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


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


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


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


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


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


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


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


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


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


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


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


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


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


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


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


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


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


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


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


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


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


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


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


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


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


  • State constitutions drafted by non-Burman nationalities

    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: 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: 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: 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


  • Legal codes developed by non-Burman nationalities
    These would be in addition to, or in some cases incorporating, customary law.

    Individual Documents

    Title: Kawtholei Forestry Acts (Burmese/ ျမန္မာဘာသာ)
    Description/subject: သစ္ေတာ၊ ေရ၊ ေျမ၊ ႏွင့္အျခားေသာသက္ရွိမ်ိဳးစိတ္မ်ားအပါအဝင္ ေဒသအတြင္းရွိသဘာဝအရင္းအျမစ္မ်ား ကို ေက်းလက္ေဒသရွိ ဌာေနကရင္တုိင္းရင္းသားမ်ာႏွင့္ ေဒသခံျပည္သူလူထုမ်ားမွ ပိုမိုစီမံအုပ္ခ်ဳပ္ အသံုးျပဳ ႏိုင္ရန္၊ ၎တို႕၏အသက္ေမြးဝမ္းေၾကာင္းလုပ္ငန္းမ်ားလံုၿခံဳမႈရွိေစရန္၊ ဆင္းရဲႏြမ္းပန္းမႈကိုေလ်ာ့ခ်ႏိုင္ရန္ ရည္ရြယ္ၿပီး ဤေကာ္သူးေလသစ္ေတာဥပေဒ(ျမန္မာဘာသာ)ကို ေကအဲန္ယူ(ဗဟုိ)သစ္ေတာဌာနမွ ျပဳစုျပ ဌာန္းျခင္းျဖစ္သည္။ ....."The forestry act (Burmese vision) aims to educate indigenous and local communities to gain greater control of, and access to, natural resources that are significant to livelihood security and poverty reduction in the rural areas, including land, forests, water, and agricultural biodiversity"
    Language: Burmese/ ျမန္မာဘာသာ
    Source/publisher: KESAN
    Format/size: pdf (876K-reduced version; 999K-original) )
    Alternate URLs: http://www.kesan.asia/index.php/resources/publications-media/policy-laws/viewdownload/7/50
    Date of entry/update: 13 December 2014


    Title: Kawtholei Forestry Acts (Karen language)
    Description/subject: သစ္ေတာ၊ ေရ၊ ေျမ၊ ႏွင့္အျခားေသာသက္ရွိမ်ိဳးစိတ္မ်ားအပါအဝင္ ေဒသအတြင္းရွိသဘာဝအရင္းအျမစ္မ်ား ကို ေက်းလက္ေဒသရွိ ဌာေနကရင္တုိင္းရင္းသားမ်ာႏွင့္ ေဒသခံျပည္သူလူထုမ်ားမွ ပိုမိုစီမံအုပ္ခ်ဳပ္ အသံုးျပဳ ႏိုင္ရန္၊ ၎တို႕၏အသက္ေမြးဝမ္းေၾကာင္းလုပ္ငန္းမ်ား လံုၿခံဳမႈရွိေစရန္၊ ဆင္းရဲႏြမ္းပန္းမႈကို ေလ်ာ့ခ်ႏိုင္ရန္ ရည္ရြယ္ၿပီး ဤေကာ္သူးေလသစ္ေတာဥပေဒ(ကရင္ဘာသာ)ကို ေကအဲန္ယူ(ဗဟုိ)သစ္ေတာဌာနမွ ျပဳစုျပ ဌာန္းျခင္းျဖစ္သည္။ ....."The forestry act (Karen language) aims to educate indigenous and local communities to gain greater control of, and access to, natural resources that are significant to livelihood security and poverty reduction in the rural areas, including land, forests, water, and agricultural biodiversity "
    Language: Karen
    Source/publisher: KESAN
    Format/size: pdf (787K-reduced version; 855K-original)
    Alternate URLs: http://www.kesan.asia/index.php/resources/publications-media/policy-laws/viewdownload/7-policy-laws...
    Date of entry/update: 13 December 2014


  • Customary laws of non-Burman peoples of Burma

    • Customary laws - general

      Individual Documents

      Title: THE ECONOMICS OF THE CENTRAL CHIN TRIBES
      Date of publication: 01 March 1943
      Description/subject: CHAPTER I. The Application of Economic Theory to Chin Culture ... CHAPTER II. The Social Background ... CHAPTER III. Agriculture ... CHAPTER IV. Animal Husbandry ... CHAPTER V. Hunting and Fishing... CHAPTER VI. Forest Products ... CHAPTER VII. Land Tenure ... CHAPTER VIII. Trade and Wage-earning ... CHAPTER IX. The Economics of the Household ... CHAPTER X. The Economics of Social Obligations ... CHAPTER XI. The Economics of Justice ... CHAPTER XII. The Economics of Religious Ritual ... CHAPTER XIII. Wealth, Poverty, and Debt ... CHAPTER XIV. Conclusion ... GLOSSARY ... INDEX.
      Author/creator: H. N. C. STEVENSON, F.R.A.I., Burma Frontier Service
      Language: English
      Source/publisher: Government of Burma
      Format/size: pdf (6.8MB) - other formats in the Alternate URL
      Alternate URLs: http://archive.org/details/economicsofthece033105mbp
      Date of entry/update: 21 July 2013


    • Customary laws related to justice

      Individual Documents

      Title: The Economics of Justice - Chapter XI of "The Economics of the Central Chin Tribes"
      Date of publication: 1943
      Description/subject: CHAPTER XI. The Economics of Justice: "The motivation of obedience to custom - objective examination of the Chin viewpoint essential - the three types of offences: offences against the person, offences against property and property rights, offences against the spirits and against spiritual values - the traditional Zahau fines - disposal of fines - simple process of execution of legal decrees - the local effect of application of the Penal Code - the necessity of understanding local economy as pre-requisite of evaluating Chin Justice".
      Author/creator: H.N.C. Stevenson F.R.A.I., Burma Frontier Service
      Language: English
      Source/publisher: The Government of Burma
      Format/size: pdf (281K)
      Date of entry/update: 06 December 2014


    • Customary laws related to land

      Individual Documents

      Title: Land Tenure: Burma - Chapter VII of "The Economics of the Central Chin Tribes"
      Date of publication: 1943
      Description/subject: CHAPTER VII. Land Tenure: "Salient differences between tenures in autocratic and democratic groups rights and claims in autocratic group of chief, headman, specialists, the whole community, the individual resident and the individual cultivator the principles governing these rights and claims the rights and principles of tenure in democratic group land tenure in practice the "bul ram" individual tenure and its effects communal land possible solutions to land problems".
      Author/creator: H.N.C. Stevenson F.R.A.I., Burma Frontier Service
      Language: English
      Source/publisher: Government of Burma
      Format/size: pdf (718K)
      Date of entry/update: 06 December 2014


  • Statutory law applicable to non-Burman or non-Buddhist peoples

    Individual Documents

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


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


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


  • Legal studies and articles

    Websites/Multiple Documents

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


    Individual Documents

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


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


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


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


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


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


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


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


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


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


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


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


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


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


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


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


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


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


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


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


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


    Title: Hard cases: bringing human rights violators to justice abroad - A guide to universal jurisdiction
    Date of publication: October 1999
    Description/subject: "In late 1998 the Chilean Senator Augusto Pinochet was arrested in London, following a request for extradition by a Spanish prosecutor. He was charged under Spanish law for grave human rights abuses, under a universal jurisdiction rule that had rarely been used. Anticipating that this case would trigger others, in early 1999 the Council convened a meeting of human rights experts to discuss the implications of using the universal jurisdiction rule more widely. Hard cases is based on the meeting. Written for use by NGOs and for individuals interested in the ethical and legal issues, it sets out the arguments that support its use and examines some of the ethical, practical and legal problems that arise when it is applied..."
    Author/creator: Peggy Hicks and David Petrasek.
    Language: English
    Source/publisher: International Council for Human Rights Policy
    Format/size: PDF (235K)
    Date of entry/update: 03 June 2003


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


  • Burma Lawyers' Council (BLC)

    Websites/Multiple Documents

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


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


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

    Individual Documents

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


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


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


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


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


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


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


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


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


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


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


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


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


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


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


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


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


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


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


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


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


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


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


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


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


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


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


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


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


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


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


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


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


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


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


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


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


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


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


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

    Individual Documents

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


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


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


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


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


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


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


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


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


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


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


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


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


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


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


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


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


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


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


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


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


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


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


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


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


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


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


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


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


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


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


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


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


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


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


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


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