Legislation under consideration, adopted, amended or repealed

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Description: Stopped October 2016. The Archive survives.
Source/publisher: Various sources via "BurmaNet News"
Date of entry/update: 2015-03-08
Grouping: Websites/Multiple Documents
Language: English
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Description: Link to an OBL section on Burma?s legislature
Source/publisher: Online Burma/Myanmar Library
Date of entry/update: 2016-06-04
Grouping: Websites/Multiple Documents
Language: English, Burmese (မြန်မာဘာသာ)
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Description: "Although Islamic personal law is applicable in Myanmar for Muslim families, there are a lot of challenges in application. One of the fundamental challenges facing application of Islamic personal law in Myanmar could be seen in solemnisation of marriage. Main challenges in application of Islamic personal law in the country is no legal framework governing the solem- nization of marriage. Matters, relating with marriage are often decided based on precedents. Therefore, judicial pronouncements are used both to decide disputes brought before the civil courts and to define the scope of the application of Islamic personal law. In the case of Maung Kyi and others v. Ma ShweBaw[1] , “The essentials of valid marriage stipulated as the proposal made by or on behalf of one of the parties, acceptance of the proposal by or on behalf of the other in the presence of two male witnesses or one male and two female witnesses who must be sane and adult Muslims. The proposal and acceptance must be expressed at one meeting; however, the religious ceremony is not mandatory at all. In the absence of direct proof like the fact in this case, a marriage can still be presumed where a man and a woman have lived as husband and wife for a long term and acknowledgement of children as legitimate children of the husband.” It was similarly held in the case of Imambandi v. Mutssadi[2] that: “The oral testimony regarding the solemnization of marriage was unsatisfactory, but that the marriage was nevertheless proved by the subsequent acknowledge- ment by the husband of the legitimacy of his children.” Academia Letters, August 2021 Corresponding Author: Dr. Marlar Than, [email protected] Citation: Than, D.M. (2021). Challenges in application of Islamic personal law of Myanmar: Solemnization of marriage. Academia Letters, Article 2835. https://doi.org/10.20935/AL2835. 1 ©2021 by the author — Open Access — Distributed under CC BY 4.0 These cases are leading authorities on essentials of valid marriage in Islamic personal law of Myanmar and they have been referred to in other cases such as Ma Khatoon v. Ma Mya and others[3], U Ba Pe v. Ma Saw Yin[4]and Abdul Malik v. Ma Aye[5]. According to the Islamic personal law, it shall be considered that if there is no evidence of Nikah, there is no marriage and the children shall not be legalized. However the principle of marriage stipulated in Maung Kyi V Ma Shwe Baw is totally different from the prescription of Quran and Sunna, basic principle of Islamic personal law, Muslims of Myanmar have to accept that. Another challenge in application of Islamic personal law in Myanmar can be seen in Maung Musa v. Ma Win Myint [6], Ma Win Myint and Maung Musa are Muslims and they married at the Chaung Oo Township Court on 5.7.1975. Ma Win Myint married again with Qurban @ Maung Hla Pe according to the Islamic personal law, on 30.12.75. When Maung Musa got to know this marriage, he accused Maung Hla Pe and 2 others according to Criminal law section 497/114 on 31.12.75. Then Ma Win Myint filed a suit against Maung Musa to declare that she and Maung Musa were not husband and wife, alleging that their marriage which was done at Chaung Oo Township court was not valid because it was not performed according to the Islamic personal law. Maung Musa defended that both of them were matured and it was performed in accordance with their mutual consent, therefore it was valid and they were legally married couple. In this civil case, the main issue is: “Is this true that the marriage which was done on 5.7.75 at Chaung Oo Town- ship court is not valid because it was not performed according to the Islamic personal law?” The learned court decided in the favour of Ma Win Myint and Maung Musa appealed first to the High Court and then to the appellate court where it was held that; “If the parties are Muslims, disputes for marriage between them shall be decided according to the Islamic personal law as prescribed in Sec 13 (1) of Burma Laws Act. In this case, there is no dispute that both parties are Muslims. So to decide their marriage is valid or not shall be decided in accordance with the Islamic personal law. According to the Islamic personal law, these facts are needed to be a valid marriage. These are; - proposal on one side and acceptance of an- other, these must be done at the same mass and in the presence of sane, adult and Muslim two male witnesses or one male and two female witnesses. Therefore, ac- cording to the defendant Maung Musa’s testimony, the ordinary court decision that this marriage cannot be decided as a valid marriage is not wrong. Because Academia Letters, August 2021 Corresponding Author: Dr. Marlar Than, [email protected] Citation: Than, D.M. (2021). Challenges in application of Islamic personal law of Myanmar: Solemnization of marriage. Academia Letters, Article 2835. https://doi.org/10.20935/AL2835. 2 ©2021 by the author — Open Access — Distributed under CC BY 4.0 he admitted that there are two witnesses; one female and one male. Though the female is a Muslim, but the male is Buddhist.” Therefore, although married parties are Muslims and married at the court, it was not con- structed as a valid marriage because it did not fulfil the essentials of marriage in accordance with Islamic personal law of Myanmar. This kind of contradiction is a common feature in the administration of Islamic personal law in Myanmar. This challenge worthy to be noted for registration of marriage under Islamic personal, ap- ply in Myanmar that Muslim marriages can enter into contract legally without being endorsed by the government officials. There is legal disparity in the registration of Islamic personal law of marriage between Muslims and other types of marriage in Myanmar. Though Islamic marriage is recognized as a civil contract, it cannot be registered at the court or government office, however, it can be registered at any Muslim community. Every Muslim community has a marriage register book which is recognized by the government and the deed of marriage issued can used as a valid document in the government courts and offices. Besides, it has a binding force on contracting parties. Where, however, the marriage solemnization takes place between a Muslim man and a Buddhist woman, the marriage can be registered either in the court or government office. Although Muslim marriages used to be solemnised at the court or government office some- times ago, no Muslim marriage is allowed to be performed at the court or government offices anymore..."
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Source/publisher: Academia.edu (San Francisco)
2021-08-00
Date of entry/update: 2021-10-16
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Description: "When lawyers, law professors or government officials in Myanmar today are asked what kind of legal system Myanmar has, the resounding response is that it is a ‘common law’ system.1 This advice is received as music to the ears of donors and investors from common law countries, who presume that the ‘common law’ has the same meaning everywhere and that this will facilitate future legal transplants of common law models. Although Myanmar has a legal system derived from a British colonial model, it has developed significantly since then. There remain some similarities with its common law heritage, such as that judges and lawyers follow judicial precedent where it exists, but in many areas of law it is virtually nonexistent (see Tun Zaw Mra, this volume; Tun, this volume). To really understand what kind of legal system Myanmar has and how it operates today, it is necessary to look beyond the ‘common law’ label. There is a need to carefully reconsider the wider history of its legal institutions, the patterns of law making and the role of law makers. In this chapter, I respond to this challenge by surveying the layered legal history of Myanmar. This is not to suggest that Myanmar is somehow less than a common law legal system but, rather, to emphasise the diversity of legal institutions and legal practice within the common law world and recognise that Myanmar has not always been a part of it. My approach stresses multiple, and at times conflicting, layers of development in order to refute the perception that law reform has occurred alongside what has been perceived by some outsiders as the ‘big bang’ of political reforms since 2011. This allows us to consider the complexity inherent in the legal institutions within an ostensibly ‘common law’ system, and the ruptures, road bumps and sharp bends that obstruct the road to reform. Like many other colonies, Burma experienced the devastating effects of British imperialism. Its experience of British colonialism was the shortest in Southeast Asia,2 and this meant that the colonial legal system did not evolve over a long period of time but was largely imported from British India. The legal system also developed in ways distinct from other former British colonies because at independence it was one of only two former colonies to reject the British Commonwealth, and this severed ties with the courts and legal profession in England. The fact cited most often to emphasise Myanmar’s distinct context is, however, that its military has dominated the political sphere for decades (Egreteau and Jagan 2013: 9), which means that the armed forces have exerted significant influence over the legal system since 1962. Keeping this in mind, I seek to explore how judicial and legal institutions relate to political developments, as many other Asian legal studies scholars such as Lev have done (Lev 2000: 161). Specifically I examine the origins of the law in Myanmar, the key influences on the development of the modern system and the direction it has taken. While each successive regime issued reassurances about the continuity of laws, the reality is that, following independence, laws were often superimposed on a fragile constitutional order and used to justify violence, exploitation and military rule. This does not mean that law was irrelevant or meaningless but rather that we need to take a closer look in order to understand what law means in authoritarian settings (Ginsburg and Simpser 2014; Ginsburg and Moustafa 2008) and the ways in which remnants of these legal nightmares overshadow the present reform efforts. The Origins of Burmese Law The area that we know today as Myanmar was ruled by a series of different kingdoms. The first to be established by the Burmans was known as the Kingdom of Bagan. While there were interregnums between some kingdoms, the period of the kings clearly ended with the downfall of the Konbaung dynasty in 1885. Prior to this, a distinct legal culture had developed over time in Burma (Huxley 2008: 184). The primary sources relevant to our understanding of pre-colonial legal culture in the area date to the twelfth century and contain inscriptions with records of judicial disputes.3 These sources indicate that a body of written law known in Burmese as dhammathat was used in the adjudication of cases.4 Lammerts has classified the dhammathat into two types: ‘manual texts’, or compilations of bodies of knowledge; and, ‘narrative texts’ that contain a full legal story from beginning to end (Lammerts 2010: 208–28). It was the second style of narrative texts that characterised the dhammathat and distinguished it from other types of written law in pre-modern Burma (Lammerts 2010: 366). The dhammathat have been described as a ‘manual of instruction’ for judges, whose legal authority was derived from their ‘moral and educational’ credentials (Lammerts 2010: 434, 492). They do not easily equate to a common law understanding of law reports, legislation, codifications of law or religious texts (Huxley 1988–89: 24). In addition, records and texts from the fifteenth and sixteenth centuries demonstrate that court cases and other literature also made reference to other recognised sources of law. These include pyat-hton, which were essentially compilations of judge-made precedent; yazathat, that is, law made by the king (Lammerts 2010: 3); canonical and non-canonical Jātaka and related Buddhist narratives; and vinaya, monastic law, which in pre-modern Burma was, in certain instances, applied also to the laity (see generally Lammerts 2010).5 The dhammathats are generally structured around 18 major titles of law. These 18 titles comprise criminal, personal and economic matters; dhammathats also contain extensive rules on legal procedure, kingship and monastic law (see generally Lammerts 2010). The history of their reception is complex6 but until the eighteenth century dhammathat was generally regarded as a form of law that originated in Buddhist tradition and was preserved and passed down unaltered by legists and kings. After the eighteenth century Burmese legal scholars increasingly argued that dhammathat should also be understood as a product of human law making to foster social prosperity so that merit making could be undertaken. Up until the colonial era dhammathat was regarded as authoritative Buddhist literature, on a par with, and, according to some authors, even included in, the Buddhist canon (Lammerts 2013). The kings, some of whom are now memorialised in imposing statutes at the capital city of Naypyidaw, sought to conquer local kingdoms and propagate Buddhism. They included the first main king, Anawratha (1044–77); King Bayinnaung (1551–81), who achieved unrivalled expansion of power; and King Alaungpaya (1752–60), who was the first to sign an agreement with a foreign power, England (Steinberg 1982: 18–24). The king was the head of the Hluttaw, the Supreme Council of State. The Hluttaw fulfilled numerous roles, including as a legislative chamber, a ministerial cabinet, and a court that had civil and criminal jurisdiction, and could hear appeals from lower courts (Kyaw Yin 1968: 62). Some kings have been noted for the significant legal reforms they undertook, such as King Mindon (1853–78), who initiated changes to the court system of administration and improved social infrastructure (Thant Myint U 2004: 109–29). King Mindon also introduced regulations to combat corruption, and facilitate greater specialisation by the courts, dividing them into civil and criminal jurisdictions (Yi Yi 1962: 11–19). As this legal tradition developed, a unique legal profession emerged, 7 which was already established in at least the twelfth century (E Maung 1951: 15). Law advocates were known by the term she-ne, which aptly captures the role of lawyers as advocating on behalf of their clients because it literally means ‘those who stand in front’ (Huxley 1994: 219). This rich legal tradition and its profession of ‘tradition bearers’ came to an abrupt end in the 1880s (Huxley 2008: 199). The onset of colonialism led to the intentional decimation of a highly literate and professional legal culture (Huxley 1998). The social, political and legal customs and traditions established and developed during the period of the kings was profoundly disrupted and displaced by the Anglo-Burmese Wars (1824–26, 1852–53 and 1885), which were the result of both internal factors and external developments in the region. In the early 1800s, tensions rose between British and French colonial powers in Southeast Asia, and their rivalry and battle for ‘supremacy’ in the region led to the Anglo-Burmese Wars (Furnivall 1948: 70). The British embarked on what became known as the First Anglo-Burmese War in order to cement the boundaries of British India. This led to the signing of the Treaty of Yandabo, ceding parts of southern and western Burma to the British, and the annexation of the Rakhine and Tenasserim regions. Mr Maingy, the first Commissioner of Tenasserim, set about establishing a judicial system but proceeded on the misguided assumption that all decisions of the Burmese courts were merely ‘arbitrary’ (Furnivall 1991: 22). The British were not content with the Yandabo concessions, and after launching the Second Anglo-Burmese War of 1852, Rangoon and other parts of Lower Burma were ceded to them. British authorities then began to take steps to flesh out a legal system that they intended would consolidate territorial rule. In 1866 the Chief Commissioner was given power to enforce the laws of India in Burma but did not have power to promulgate laws (Donnison 1953: 29). It was not until 1872, however, that the first Judicial Commissioner of Burma, Douglas Sandford, was appointed and took over judicial powers from the Chief Commissioner (Furnivall 1960: 12). In the same year, court decisions began to be reported for the first time, with the publication of the Selective Lower Judgements of Lower Burma. The ultimate demise of the monarchy and its system of law in Burma occurred as a result of the Third Anglo-Burmese War in 1885. King Thibaw, the last king of the Konbaung dynasty (1752–1885), and his family were captured by the British and shipped off to India. One effect of this final stage of the annexation of Burma to British India was to subsume it under the foreign common law tradition..."
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Source/publisher: Melissa Crouch
2014-00-00
Date of entry/update: 2021-10-16
Grouping: Individual Documents
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Description: "Myanmar’s coup leader Senior General Min Aung Hlaing signed an amendment to the Counterterrorism Law on Monday, introducing harsher penalties for supporting anti-regime activities. Under the amendment, the jail term is increased from three to seven years for “acts of exhortation, persuasion, propaganda and recruitment of any person to participate in any terrorist group or activities of terrorism”. Legal analysts said the amendment is a threat to media reports in support of the National Unity Government (NUG) and the People’s Defense Force (PDF) because it allows the military junta to prosecute outlets under the false pretext of propaganda. They also said the different nature of the Counterterrorism Law makes it harder for the accused to prove innocence. In other criminal cases, the prosecution is responsible to prove the defendant guilty. But under the Counterterrorism Law, the accused has to prove their innocence. In May, the military regime branded the NUG, its parliamentary committee and their offshoot civilian defense forces as “terrorist groups” for alleged acts of incitement against the junta. The NUG designated the military and its affiliated organizations as terrorist groups on June 7 for perpetrating acts of terrorism towards innocent civilians, creating public fear for political motives to control the country. A total of 945 people, including children, were killed between February and August 2 by the regime with 5,474 people under detention and arrest warrants issued for 1,964 people, according to the Assistance Association for Political Prisoners..."
Source/publisher: "The Irrawaddy" (Thailand)
2021-08-03
Date of entry/update: 2021-08-03
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Description: "H.E. Dr Sasa, Union Minister of the Ministry of International Cooperation and Spokesperson of the National Unity Government of Myanmar welcomes with deepest gratitude the response of the world leaders of the G7 Summit.."
Source/publisher: Ministry of International Cooperation Myanmar
2021-06-14
Date of entry/update: 2021-06-15
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Description: " ပြည်ထောင်စုသမ္မတမြန်မာနိုင်ငံတော်၊ အမျိုးသားညီညွတ်ရေးအစိုးရ၊ စီမံကိန်း၊ ဘဏ္ဍာရေးနှင့် ရင်းနှီးမြှုပ်နှံမှု ဝန်ကြီးဌာနက အောက်ပါရည်ရွယ်ချက်များဖြင့် ပေးပို့လာသော''ပြည်သူ့ကြွေးမြီ စီမံခန့်ခွဲမှု ဥပဒေကို တတိယ အကြိမ် ပြင်ဆင်သည့် ဥပဒေ'' အား ပြည်ထောင်စုလွှတ်တော်က အတည်ပြုထုတ်ပြန်လိုက်သည်။ '' ပြည်သူ့ကြွေးမြီစီမံခန့်ခွဲမှုဥပဒေကို တတိယအကြိမ်ပြင်ဆင်ရခြင်း ရည်ရွယ်ချက်'' ၁) ပြည်သူ့ကြွေးမြီဆိုသည်မှာ ပြည်သူလူထု၏ကိုယ်စား အစိုးရအဖွဲ့က တာဝန်ယူ၊ တာဝန်ခံ၍ချေးငွေများကိုရယူပြီး ပြည်သူလူထုအကျိုးစီးပွားအတွက် အစိုးရအဖွဲ့က စီမံခန့်ခွဲသုံးစွဲခြင်းကြောင့်တင်ရှိလာသည့် ကြွေးမြီများသာဖြစ်ပါသည်။ ၂) ပြည်သူလူထုကို ကိုယ်စားပြုခြင်း အလျဉ်းမရှိသော တရားမဝင်အာဏာသိမ်းစစ်ကောင်စီက ပြည်သူလူထုထံမှ နိုင်ငံတော်အာဏာအား အတင်းအဓမ္မလုယူထားသည့်အပြင် ပြည်သူလူထုအားအကြမ်းဖက်နှိပ်စက်သတ်ဖြတ်ရန်အတွက် လိုအပ်သည့်ဘဏ္ဍာရန်ပုံငွေအား ဖြည့်ဆည်းရန်ပြည်တွင်းပြည်ပမှ ချေးငွေများကို ရယူခြင်းသည် ခွင့်လွှတ်လက်ခံနိုင်ဖွယ် လုံး၀မရှိသော လုပ်ရပ်ဖြစ်သည်။ ၃) ထိုကဲ့သို့သော လုပ်ရပ်များကို အမြန်ဆုံး ထိရောက်စွာ ကာကွယ်တားဆီးနိုင်ရန် ရည်ရွယ်၍ ဤဥပဒေကို ပြင်ဆင်ပြဌာန်းရခြင်း ဖြစ်သည်။ “Purpose of the Third Amendment to the Public Debt Management Law” 1) Public debts are liabilities incurred as a result of borrowing by the Government in the name of and on behalf of the people, and are managed and spent in the interest of the people. 2) It is unforgiveable and impermissible for the illegal military council, which has no claim to represent the people, and which has usurped State power by force from the people, to fund their apparatus of terror, persecution and slaughter by borrowing from domestic or foreign lenders under the guise of raising public debt. 3) This law was amended with the purpose to preclude, expeditiously and effectively, any such borrowing. ပြည်ထောင်စုလွှတ်တော်ကိုယ်စားပြုကော်မတီ..."
Source/publisher: Committee Representing Pyidaungsu Hluttaw (CRPH)
2021-06-14
Date of entry/update: 2021-06-15
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Description: " The Pyidaungsu Hluttaw hereby enacts this Law. 1. This Law shall be called the Law Amending the Public Debt Management Law (Third Amendment). 2. All references to the term “Ministry of Planning, Finance and Industry” in the Public Debt Management Law shall be replaced with the term “Ministry of Planning, Finance, and Investment of the National Unity Government.” 3. Section 2(b) of the Public Debt Management Law shall be substituted with the following: “(b) Government means the National Unity Government of the Republic of the Union of Myanmar, and any successor government thereof.” 4. The following definitions shall be inserted after section 2(u) as sections (v) and “(v) Illegal military council means the designated terrorist entity that has seized State power illegally and established itself as 'State Administration Council', or any successor entity thereof. “(w) Restricted Entity means any entity, company, enterprise, department, agency, ministry or a person under direct or indirect control or ownership of the illegal military council.” 5. The first sentence of section 3 of the Public Debt Management Law shall be substituted with the following: “3. No person may borrow money on behalf of the State from any lender, domestic or foreign, without the approval of the Government, for the following matters:" 6. Section 16 of the Public Debt Management Law shall be substituted with the following: “16. Borrowing through the issuance of government securities in the domestic market shall only be carried out with the written approval of the Government.” 7. Section 17 of the Public Debt Management Law shall be substituted with the following: “17. Borrowing through the issuance of government securities abroad shall only be carried out with the written approval of the Government.” 8. Section 18(a) of the Public Debt Management Law shall be substituted with the following: “(a) Borrowing through concluding loan agreements, whether within Myanmar or abroad, shall only be carried out with the written approval of the Government.” 9. The first sentence of section 18(b) of the Public Debt Management Law shall be substituted with the following: “(b) No person may undertake the following on behalf of the State without the approval of the Government.” 10. Section 44(a) of the Public Debt Management Law shall be substituted with the following: “(a) The Ministry may issue rules, regulations and by-laws with the approval of the Government.” 11. The following sections shall be inserted after section 45 of the Public Debt Management Law as Sections 46 and 47 respectively: “46. Any borrowing, debt or liability incurred by, or on behalf of, a Restricted Entity on or after 1 February 2021 shall not constitute a Government Debt or, Public Debt or Publicly Guarantee Debt. All agreements, instruments or guarantees entered into by, or on behalf of, a Restricted Entity in connection with such borrowing, debt or liability shall have no binding legal effect on the State or the Government. “47. No claims shall be made against the State or the Government or any successor body in connection with any borrowing, debt, liabilities or debt servicing of a Restricted Entity.”..."
Source/publisher: Committee Representing Pyidaungsu Hluttaw (CRPH)
2021-06-14
Date of entry/update: 2021-06-15
Grouping: Individual Documents
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Topic: 2020 Election, Democracy, disenfranchisement, Electoral Law, Ethnic groups, ethnic nationalities, fairness, franchise, Migrant Workers, Military, National League for Democracy, NLD, overseas workers, Union Election Commission, vote, voters, voting, voting rights
Topic: 2020 Election, Democracy, disenfranchisement, Electoral Law, Ethnic groups, ethnic nationalities, fairness, franchise, Migrant Workers, Military, National League for Democracy, NLD, overseas workers, Union Election Commission, vote, voters, voting, voting rights
Description: "There are about 3 million migrant workers from Myanmar in Thailand, with perhaps an additional million dependent family members. Some 2 million of these people are officially registered with the Thai authorities. A large proportion are from ethnic nationality communities, such as the Mon, Karen, Karenni and Shan, who have suffered disproportionately from decades of conflict and violence in Myanmar. In many cases, they fled to neighboring Thailand in desperation, because their livelihoods and basic security were threatened at home. In the 2015 elections, only 20,000 overseas Myanmar citizens voted—of whom 19,000 were living in Singapore; only 600 people voted in Bangkok and Chiang Mai, where there is a Myanmar consulate. Myanmar overseas workers were effectively disenfranchised. In 2015 this fact was little noted, amid the euphoria of a National League for Democracy (NLD) win after decades of military rule in Myanmar. In the interests of equity, and to ensure that the 2020 election results are deemed credible by minority communities, it is crucial that the forthcoming polls are seen to be free and fair. Therefore, the Union Election Commission (UEC) should establish procedures for overseas-based Myanmar citizens to vote. At a minimum, arrangements should be made for them to vote at Myanmar embassies abroad. In order that the elections are seen as just and inclusive, such an initiative should be broader and permit migrant workers to vote in or near their place of work, as it is expensive and potentially illegal and risky for migrant workers in Thailand (for example) to travel to Bangkok, if they are not based there..."
Creator/author:
Source/publisher: "The Irrawaddy" (Thailand)
2020-01-29
Date of entry/update: 2020-02-04
Grouping: Individual Documents
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Topic: 2008 Constitution, Constitution Amendment Committee, Democracy, Kokang Democracy and Unity Party, Military, National League for Democracy, NLD, Tatmadaw, U Myat Nyana Soe, veto
Topic: 2008 Constitution, Constitution Amendment Committee, Democracy, Kokang Democracy and Unity Party, Military, National League for Democracy, NLD, Tatmadaw, U Myat Nyana Soe, veto
Description: "Myanmar’s parliamentary committee tasked with proposing changes to the 2008 Constitution has finished drafting two amendment bills. Nearly 30 members from the National League for Democracy (NLD) and various ethnic parties on the committee approved the amendment bills on Monday. But all military representatives on the committee were absent from the meeting, said the committee’s secretary U Myat Nyana Soe, an Upper House lawmaker from the NLD. The Constitution Amendment Committee — the mechanism that the NLD and ethnic parties chose for reforming the military-drafted Constitution — was formed last February with 45 members from 14 political parties, independent representatives and members of the military bloc in Parliament. The NLD holds 18 seats on the committee, the military has eight and the military-backed Union Solidarity and Development Party (USDP) was given two. The USDP, Arakan National Party and the National United Democratic Party quit the committee late last year. The military rejected the existence of the committee and its works as unconstitutional. Meanwhile, the military members submitted two amendment bills and three bills jointly with the USDP to the Parliament last year..."
Creator/author:
Source/publisher: "The Irrawaddy" (Thailand)
2020-01-20
Date of entry/update: 2020-01-21
Grouping: Individual Documents
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Sub-title: Uncertainty and confusion over Myanmar’s proposed oil and gas law risk alienating existing investors and could undermine the next crucial bidding round, according to companies and experts in the sector.
Description: "Time is running out for the Ministry of Electricity and Energy to launch the round by the end of the year, having initially planned to start the process in the first half of 2019. The government published the revised text of the draft oil and gas law for public consultation in August with the aim of reforming the legal framework and replacing the 1957 petroleum resources act. But the association representing oil and gas investors has highlighted its objections to parliament in a letter, of which The Myanmar Times has seen extracts. Gas produced offshore in Myanmar is delivered to the domestic market and exported to Thailand and China, forming a major source of government revenues. In 2017-18, natural gas exports accounted for US$3.1 billion, or around 50 percent of total export revenues. But 2019 is a far cry from the heydays of 2013-2014, when in the space of 12 months the country enjoyed a rapid increase in foreign direct investment with the award of 16 onshore and 20 offshore blocks. There has been no international bidding under Daw Aung San Suu Kyi’s administration. State-owned Myanma Oil and Gas Enterprise (MOGE), the de facto regulator, has pledged to go ahead with the release of 15 offshore and 18 onshore blocks to international bidders this year, leaving open the possibility of a bidding round without a new law. At present, there are 38 offshore and 27 onshore joint ventures in Myanmar, which are structured as production sharing contracts (PSCs)..."
Creator/author:
Source/publisher: "Myanmar Times" (Myanmar)
2019-10-14
Date of entry/update: 2019-10-14
Grouping: Individual Documents
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Description: "What are trademarks? Under the new Myanmar Trademark Law 2019, trademarks are defined as any visually perceptible sign that distinguishes the goods or services of one undertaking from those of other undertakings. This includes an individual’s personal name, letters, numerals, graphical representations, and combinations of colors. Nevertheless, it is important to note that not all trademarks are registrable. For example, an application to register trademarks that are deemed to lack distinctiveness, or are directly descriptive of goods or services, will be refused. An application may also be rejected if the trademark is applied for in bad faith, or is identical or confusingly similar to a third party’s trademark. I have already registered my trademarks in my home country. Why do I need to file new applications in Myanmar? Trademark rights are territorial in nature. This means that the ownership of a registered trademark in another country will not be sufficient for you to establish grounds for trademark infringement, if your trademark is used by an unauthorized third party in Myanmar. If you are using (or if you are planning to use) your trademark in Myanmar, it is highly recommended for trademark protection to be sought here. You may also wish to consult your trademark agent on the possibility of claiming the priority date of your foreign trademark applications in Myanmar..."
Creator/author:
Source/publisher: "LEXOLOGY"
2019-09-25
Date of entry/update: 2019-09-25
Grouping: Individual Documents
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Description: "Burma Human Rights Network calls upon the Burmese Government to repeal the antiquated and anti-democratic laws that have resulted in the one-year prison sentence with hard labor against filmmaker U Min Htin Ko Ko Gyi for a Facebook post that was critical of the Military. According to the verdict, U Min Htin Ko Ko Gyi was found guilty of causing military personnel to “mutiny” or “otherwise disregard or fail in their duty.” The post in question criticized the role of the military in politics and Burma’s 2008 constitution which gives the military a mandatory 25% of Parliament and veto power. “This verdict clearly shows Burma has no interest in democratic principles or the fundamental rights of their citizenship but rather functions intentionally to allow the military dominate the political system and punish anyone who is critical of their record of brutality against their own people. Burma, particularly the National League for Democracy, need to make significant efforts to reverse all oppressive laws which violate the fundamental rights of their citizens. In concert with that, it is vital that those who are imprisoned under such draconian laws be pardoned immediately,” said BHRN Executive Director Kyaw Win. U Min Htin Ko Ko Gyi recently had surgery for liver cancer. His lawyer, Robert San Aung, told the Irrawaddy Magazine, “U Min Htin Ko Ko Gyi is so sick that he only has a slim chance of surviving. The sentence is unfair and inhumane; it’s an inappropriate sentence for an ailing person.” U Min Htin Ko Ko Gyi’s criticisms of the Military are valid and vital to helping Burma become a more democratic country that respects the rights of its citizens. Burma must release him immediately out of respect for human rights and compassion for his condition. All laws which violate the fundamental rights of citizens in Burma must be repealed. The international community has an obligation to intervene with the tools at their disposal, including sanctions, to correct the wrongs of the military and Government of Burma. It is critical that steps are taken to ensure a safe place for citizens like U Min Htin Ko Ko Gyi whose contributions are essential to Burma’s progress and betterment as a democratic nation..."
Source/publisher: "Progressive Voice" via Burma Human Rights Network
2019-08-30
Date of entry/update: 2019-09-06
Grouping: Individual Documents
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Description: "Myanmar rolled out a new Companies Law in 2018 to attract more foreign direct investment (FDI) into the country. The new law, which replaced rules made more than a century ago, was one of several initiatives to reform the economy. While the economy had picked up pace, experts cautioned that Myanmar’s FDI targets in 2019 might fall short..."
Creator/author:
Source/publisher: "CNA"
2019-08-01
Date of entry/update: 2019-09-06
Grouping: Individual Documents
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Sub-title: Child Rights Law Needs Further Reform, Effective Enforcement
Description: "After years of discussion and debate, Myanmar has finally enacted a law to protect the rights of children. Consistent with the United Nations Convention on the Rights of the Child, which Myanmar has ratified, the law defines a child as anyone younger than 18 and provides all children born in Myanmar have the right to birth registration. This is important, but other shortcomings need to be addressed. Myanmar should revise the law to provide all children with the right to a nationality and not be stateless – therefore, full citizenship rights. The children of parents Myanmar does not recognize as citizens, notably Rohingya Muslims, or who face discriminatory application of the law, such as Kaman Muslims or women trafficked to China, are denied Myanmar citizenship. Without citizenship, children have difficulty entering school, obtaining health care, and traveling inside the country as well as abroad. Those born in Myanmar often will be stateless, which international law tries to prevent..."
Creator/author:
Source/publisher: "Human Rights Watch"
2019-08-27
Date of entry/update: 2019-08-28
Grouping: Individual Documents
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Sub-title: Ruling NLD’s bid to legally amend a military-drafted constitution aims to win votes at 2020 polls but likely won’t succeed
Description: "In a move that could put Myanmar’s civilian government on a collision course with the powerful military, a parliamentary committee submitted this week proposed amendments to the country’s constitution. The anticipated report contains more than 3,700 recommendations for proposed changes to the military-drafted charter, which carves out a strong political role for the armed forces including via control of the defense, home and border affairs ministries. In 2015, the National League for Democracy (NLD) scored a landslide electoral victory, capturing 135 of the 168 seats up for grabs in the upper house and 255 of 323 in the lower. Despite the heavily touted transition from direct military to quasi-democratic rule, the military controls 25% of all seats in each legislative chamber through constitutionally allowed appointments of its khaki-wearing representatives. The NLD’s resounding election victory was won partly on a promise to amend the unpopular charter – and the party is now making the politically sensitive moves as it prepares for pivotal 2020 elections. The NLD has long advocated for changes to the charter’s article 436, which requires approval from more than 75% of MPs to amend crucial articles, and 59(f), which states that the president and vice president must be born of Myanmar citizens and cannot have foreign spouses or children..."
Creator/author:
Source/publisher: "Asia Times"
2019-07-17
Date of entry/update: 2019-07-17
Grouping: Individual Documents
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Description: "Myanmar needs to enact 48 laws as a matter of priority, the Legal Affairs and Special Cases Assessment Commission has told parliament, with legislation aimed at tackling violence against women at the top of that list. The commission presented its findings in Nay Pyi Taw yesterday. ?We have presented 48 laws that can develop the prosperity of the country and citizens, which can protect citizens, which can ensure law enforcement and justice,” said commission vice chair U Ko Ko Naing. ?[These laws] are suitable for the present day, to be enacted as a priority while the country is reforming,” he added. U Ko Ko Naing read out a list of the 48 laws that the commission is recommending be pushed through, starting with the National Prevention of Violence Against Women Law..."
Creator/author: Swan Ye Htut
Source/publisher: "Myanmar Times"
2016-09-13
Date of entry/update: 2016-09-14
Grouping: Individual Documents
Language: English
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Description: "A commission headed by former parliament speaker Thura U Shwe Mann has been reviewing the nation?s laws, but some say more clarity ? and consultation ? is needed from the government on its legal reform plans..."
Creator/author: Thomas Kean, Nyan Hlaing Lynn
Source/publisher: "Frontier Myanmar"
2016-08-11
Date of entry/update: 2016-08-11
Grouping: Individual Documents
Language: English
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Description: Lists Burma/Myanmar laws, and recommends which should be removed, revised, rewritten or replaced
Source/publisher: Cooperative [Joint?] Committee on Drafts via "Myanmar Alin" 3-4 June, 2014
2014-06-04
Date of entry/update: 2014-07-03
Grouping: Individual Documents
Language: Burmese မြန်မာဘာသာ, some English
Format : pdf
Size: 270.07 KB
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Description: The State Law and Order Restoration Council - The Law for the Repeal of Laws - (The State Law and Order Restoration Council Law No. 1/92) - The 1st Waning Day of Tabodwe, 1353 ME (19th February, 1992)
Source/publisher: State Law and Order Restoration Council (SLORC)
1992-02-19
Date of entry/update: 2013-06-13
Grouping: Individual Documents
Language: English
Format : pdf
Size: 64.88 KB
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Description: The State Law and Order Restoration Council... The Law for the (Second Time) Repeal of Laws... (The State Law and Order Restoration Council Law No. 4/93)... The 9th Waning Day of Hnaung Tagu, 1354 ME. (31st March, 1993
Source/publisher: State Law and Order Restoration Council (SLORC)
1993-03-31
Date of entry/update: 2013-06-13
Grouping: Individual Documents
Language: English
Format : pdf
Size: 55.35 KB
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