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"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