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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Title: Report on laws to be repealed or amended or new laws drafted - ရုပ္သိမ္း၊ ျပင္ဆင္၊ အသစ္ေရးဆြဲသင့္သည့္ဥပေဒမ်ားအစီရင္ခံစာ
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/asset/ASA16/019/2003/en/be1bd333-d6b2-11dd-ab95-a13b602c0642/asa1...
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