Rule of Law - global and regional

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Description: "IDLO is the only intergovernmental organization exclusively devoted to promoting the rule of law. Governments, multilateral organizations, private foundations and the private sector support our work. We are headquartered in Rome, where we were first founded, and where we continue to enjoy strong support from the Italian government. We are present in The Hague, a city whose hospitality connects us with an unrivaled legal tradition. And we are represented at the United Nations in New York and Geneva, where we help shape the debate about human rights and development."
Source/publisher: International Development Law Organization
Date of entry/update: 2015-07-28
Grouping: Websites/Multiple Documents
Language: English
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Description: "The rule of law (also known as nomocracy) is the legal principle that law should govern a nation, as opposed to arbitrary decisions by individual government officials. It primarily refers to the influence and authority of law within society, particularly as a constraint upon behavior, including behavior of government officials. The phrase can be traced back to 16th century England, and it was popularized in the 19th century by British jurist A. V. Dicey. The concept was familiar to ancient philosophers such as Aristotle, who wrote "Law should govern". Rule of law implies that every citizen is subject to the law, including law makers themselves. In this sense, it stands in contrast to an autocracy, collective leadership, dictatorship, or oligarchy where the rulers are held above the law (which is not necessary by definition but which is typical). Lack of the rule of law can be found in democracies and dictatorships, and can happen because of neglect or ignorance of the law, corruption, or lack of corrective mechanisms for administrative abuse, such as an independent judiciary with a rule-of-law culture, a practical right to petition for redress of grievances, or elections..."
Source/publisher: Wikipedia
Date of entry/update: 2012-07-21
Grouping: Websites/Multiple Documents
Language: English
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Description: "...The principle of the rule of law applies at the national and international levels. At the national level, the UN supports a rule of law framework that includes a Constitution or its equivalent, as the highest law of the land; a clear and consistent legal framework, and implementation thereof; strong institutions of justice, governance, security and human rights that are well structured, financed, trained and equipped; transitional justice processes and mechanisms; and a public and civil society that contributes to strengthening the rule of law and holding public officials and institutions accountable. These are the norms, policies, institutions and processes that form the core of a society in which individuals feel safe and secure, where legal protection is provided for rights and entitlements, and disputes are settled peacefully and effective redress is available for harm suffered, and where all who violate the law, including the State itself, are held to account..."
Source/publisher: United Nations
Date of entry/update: 2014-08-17
Grouping: Websites/Multiple Documents
Language: English (other languages available)
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Description: Working Definition of the Rule of Law: The WJP uses a working definition of the rule of law based on four universal principles: The government and its officials and agents are accountable under the law... The laws are clear, publicized, stable, and fair, and protect fundamental rights, including the security of persons and property... The process by which the laws are enacted, administered, and enforced is accessible, efficient, and fair... Justice is delivered by competent, ethical, and independent representatives and neutrals who are of sufficient number, have adequate resources, and reflect the makeup of the communities they serve.
Source/publisher: World Justice Project (WJP)
Date of entry/update: 2012-07-20
Grouping: Websites/Multiple Documents
Language: English
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Description: "From the first imposed sanctions against Myanmar in 1997, the United States takes a historical stride by passing the Burma Act 2021 as a law before 2022 ended. President Biden signed the Act into a law on Dec. 23, that has been passed by both the House and Senate. Originally, the bill was a response to the military coup in Myanmar, however, the initial version of it got rejected in the Senate back then. Myanmar has been listed as a “country of particular concern (CPC)” under US policy. The Southeast Asian nation’s infamous reputation is a result of its history of violating human rights and religious freedom. As Myanmar transitioned gradually to democracy under the leadership of Aung San Suu Kyi, such “concerns” began to see a new beginning. But in February of 2021, the military imprisoned the state counselor Suu Kyi, overthrew the elected government NLD, and seized control of the country, reversing the hard-won progress. The Burma Act is an acknowledgment of the bravery of Myanmar’s people, who have been rebelling against the military’s repression, quitting their jobs, and taking the fight to the streets for nearly two years since then and could prove to be a game changer for them. Answer to Junta’s intransigence The United States has traditionally maintained a “democracy first” approach in its involvement with Myanmar, and the newly enacted legislation provides the Biden administration with three prospects for advancing the restoration of democracy in Myanmar. First, the Act permits the United States to provide assistance and communicate directly with anti-junta groups such as NUG, the Committee Representing Pyidaungsu Hluttaw, PDF, and EAOs. Potential consultations with EAOs are very necessary, as their altercations with the military and democratic institutions have been superficial at best, and the US has overlooked them all along; without their involvement, the speech for ethnic reconciliation in the Burma Act will remain rhetorical. Under the Act, $450 million will be provided in financial aid to help with humanitarian needs, sustain the civil disobedience movement, protect the political prisoners, support activists, media, and military defectors along with financial support to the civil society organizations in Myanmar who have been essential in the pro-democracy movement reaching the pleas of people of Myanmar to the international stage. Second, the law mandates the administration to impose sanctions on senior army officials and entities which operate in the defense sector, state-owned commercial businesses, and individuals linked with the junta’s economic backing within six months. This will place considerable pressure on the Junta, which has repeatedly demonstrated its economic ineptitude in dealing with financial crises. Lastly, the legislation has also taken into account of the Rohingya issue, the US has to facilitate international justice mechanisms to hold the military accountable for their campaign of 2017 against the Rohingyas. Humanitarian assistance has been ensured for the Rohingya refugees even prior to the Act, as in 2021, $205 million has been provided for the community. Is it enough? The Burma Act is packed with optimism and assurances, but whether it will hold water or not, is a discussion that will fuel itself in the coming times. Although an honest attempt, it does have its flaws. Most sanction measures are discretionary, not mandatory which is a letdown at a moment when the civilians are preparing for a spring revolution against the military. Even the most anticipated sanction measures against Myanmar’s state-owned oil and gas company, MOGE, haven’t also been finalized stating that such action needs reports of cost and benefit, when cutting it out would have been a huge blow to the regime as it’s their main financial asset. The fact that US oil conglomerate Chevron is involved with MOGE’s operations in a particular gas field, Yadana, doesn’t help US cause. Leaving Junta’s dominant hand free, it will be hard for any other measures to free Myanmar from Junta’s claws. The act also posits to provide “non-lethal” aid to the anti-junta movement meaning no support of arms and weaponry. But when countries like China and Russia are supplying Junta with weapons, a more robust policy to support the training of the anti-Junta forces could have been expected. Although the US has also called for a denunciation of China and Russia’s cooperation with Myanmar through the UN, in light of the current situation in Ukraine, such a demand is unlikely to amount to anything. It’s also frustrating that in comparison with Ukraine, the aid to Myanmar is insignificant. The US efforts for Myanmar’s freedom ask for more in the existing context where countries like China, Russia, India, Japan, Thailand, and Vietnam are cutting US strategy to isolate the Junta. The US needs a more coherent implementation strategy for Burma Act if it really wants to get above the geopolitics and support the people of Myanmar in their fight to reconstitute democracy..."
Creator/author:
Source/publisher: The Geopolitics
2023-02-12
Date of entry/update: 2023-02-12
Grouping: Individual Documents
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Description: "We welcome today’s news that the United States House of Representatives has passed the BURMA Act of 2021. This bill, first introduced last October, is the result of months of negotiations between Republicans and Democrats in the House. The bill’s provisions bring together the four primary threads of US policy towards Myanmar: targeting military revenues through sanctions, supporting the pro-democracy movement, authorizing humanitarian assistance, and pursuing accountability for the military’s atrocities. “This bill is a big step forward in the US response to the coup in Myanmar,” said Hanna Hindstrom, Senior Myanmar Campaigner Global Witness. “The fact that the House could come together and pass this bill in a bipartisan manner demonstrates that the situation in Myanmar remains firmly on the US agenda.” The BURMA Act’s key elements include authorizing over $450 million in humanitarian aid and support for the pro-democracy movement in Myanmar over five years, expanding sanctions authorisations, and creating a coordinator position to oversee Myanmar policy in the US. The bill also calls for the US to support international justice mechanisms in response to the military’s targeted campaign against the Rohingya people in 2017, which the the U.S. recognized last month as genocide. “The bill provides desperately needed aid to the people of Myanmar while also strengthening the sanctions tools available to the US,” added Hindstrom. “The US should continue to use these tools to place pressure on Myanmar’s military regime, especially by targeting Myanmar’s offshore gas industry, which is the largest source of revenue for the junta.” To this end, the bill calls for a comprehensive report on how sanctions on Myanmar’s state-owned oil and gas company, MOGE, would support US interests and the people of Myanmar. This will place additional pressure on President Biden’s administration to follow the EU’s lead and finally sanction MOGE. The US has so far resisted calls to impose sanctions on Myanmar’s gas industry from the pro-democracy movement in Myanmar, including hundreds of civil society organizations and the Myanmar National Unity Government. Even Total, the largest oil and gas multinational operating in Myanmar, began calling for the industry to be sanctioned in January before announcing that it would begin its withdrawal from the country. The passage of the BURMA Act marks important progress, but additional hurdles remain. The Senate must also pass the BURMA Act - a process currently being held up by Senator Todd Young of Indiana. “We call on the Senate to move quickly to resolve its differences and move this bill forward,” said Hindstrom. “The future of Myanmar is on the line and the time for gamesmanship is over.”..."
Source/publisher: "Global Witness" (London)
2022-04-06
Date of entry/update: 2022-04-06
Grouping: Individual Documents
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Description: "On this day in 2008, less than one month after over 100,000 people were killed by Cyclone Nargis in Myanmar, military dictator Senior General Than Shwe announced the promulgation of the 2008 Constitution. Nargis struck the coast of Myanmar on the evening of May 2, 2008, smashing almost all the buildings in the Irrawaddy delta and affecting millions of people, especially in Yangon and Bago regions and Mon and Karen states. The junta, however, decided to proceed with the vote, holding the constitutional referendum in most of Myanmar on May 10 and in the more severely affected areas on May 24, 2008. While people were still in desperate trouble, the regime reported a heavy turnout and said 98.12 percent of eligible voters took part and 92.48 percent voted in favor. The constitution thus earned the satirical name, the Nargis constitution. After refusing to recognize the results of the 1990 general election, which brought a landslide victory to the National League for Democracy (NLD), the military regime took 14 years from 1993 to 2007 to design the constitution which guarantees its political leadership and bars NLD leader Daw Aung San Suu Kyi from becoming president. The first general election since the 1990 poll was held in 2010 based on the 2008 Constitution, which saw the military’s proxy Union Solidarity and Development Party winning the vote and taking the office. However, no significant changes could be introduced under both the USDP and NLD, which came to power at the 2015 general election. Military chief Senior General Min Aung Hlaing, who was handpicked by his predecessor Than Shwe, seized power from the NLD government in February after the party repeated its electoral victory in the November 2020 general election. Constitutions were scrapped when military chief General Ne Win seized power in 1962 and Gen Saw Maung took power in 1988. However, coup leader Min Aung Hlaing said he would act in line with the 2008 Constitution..."
Source/publisher: "The Irrawaddy" (Thailand)
2021-05-29
Date of entry/update: 2021-05-30
Grouping: Individual Documents
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Topic: Myanmar Police Force, Aung San Suu Kyi, child abuse, Tatmadaw, constitution
Sub-title: The “Victoria” child rape case has laid bare the institutional failings of the Myanmar Police Force at a time when the government is also asking questions about the force’s conduct.
Topic: Myanmar Police Force, Aung San Suu Kyi, child abuse, Tatmadaw, constitution
Description: "Tthere have been demonstrations in Yangon, Mandalay and other cities amid public disgust at a Myanmar Police Force news conference held after charges were dismissed against the defendant in the “Victoria” toddler rape case. The case concerns the rape of a two-year-old girl at a private nursery school in Nay Pyi Taw last year, who was later dubbed Victoria as part of a social media campaign. There has been dissatisfaction over the way the police had handled the case since it came to light last May, but this turned to anger when senior officers revealed at the December 19 news conference the name and address of the victim and her parents, in apparent breach of the Child Rights Law. The news conference came a day after the Dekkhina District Court in Nay Pyi Taw dismissed charges against Ko Aung Kyaw Myo (aka Aung Gyi), a driver employed by the supervisor at the school the girl attended, because of a lack of evidence. There was also public anger that documents relating to the case were posted on the MPF’s “Ye Zarni” Facebook page on the day of the news conference, before being taken down. The public protests against the MPF came after State Counsellor Daw Aung San Suu Kyi met senior MPF officers in Nay Pyi Taw on December 18 and urged them to be loyal to the government. In a wide-ranging speech, Aung San Suu Kyi also spoke about the deterioration of law and order in Rakhine State, the different roles of the MPF and the Tatmadaw, corruption within the MPF, narcotics trafficking, and the need for the MPF to take steps to build public confidence in its ability to provide security and peace..."
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Source/publisher: "Frontier Myanmar" (Myanmar)
2020-01-09
Date of entry/update: 2020-01-13
Grouping: Individual Documents
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Description: "Myanmar government has formed a Special Unit on international criminal justice in order to strengthen internal capacity and expertize and provide legal opinion to relevant ministries on issues related to international criminal law, according to a press statement of the Ministry of the State Counselor's Office late Tuesday. The special unit will be led by the Union Attorney General's Office and comprises of legal experts from the Ministry of Foreign Affairs, the Union Attorney General's Office and the Office of the Judge Advocate General, the statement said. The formation of the special unit came after Myanmar government announced on last Thursday that State Counselor Aung San Suu Kyi, in her capacity as foreign minister, will lead a legal team to Hague, Netherlands to defend the country's national interest at the International Court of Justice (ICJ) concerning Rakhine issue, filed by Gambia against Myanmar. Myanmar has retained the services of top most legal experts to contest the case. Gambia, on behalf of the Organization of the Islamic Cooperation (OIC), has submitted an application to the ICJ against Myanmar with regard to the displaced persons from Rakhine state..."
Source/publisher: "Xinhua" (China)
2019-11-27
Date of entry/update: 2019-11-27
Grouping: Individual Documents
Language:
Format : http://www.xinhuanet.com/english/2019-11/27/c_138586243.htm
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Description: "The government will take responsive measures against the lawsuit filed by The Gambia against Myanmar at the International Court of Justice (ICJ) in accord with the international laws, President Office Spokesperson Zaw Htay said. He replied to the question about the lawsuit during a press conference of the President Office held in Nay Pyi Taw on November 15. He said the government had expected over a month before that Myanmar could face a suit at ICJ. "Myanmar is a signatory to many international conventions. This is the mandate of ICJ. It has its procedures as well. The international laws are related to each other. So we will respond in line with the international laws," Zaw Htay said. Representing the 57-member Organization of Islamic Cooperation, The Gambia filed a lawsuit at the ICJ against Myanmar for allegedly violating its obligations under the Genocide Convention..."
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Source/publisher: "Eleven Media Group" (Myanmar)
2019-11-16
Date of entry/update: 2019-11-16
Grouping: Individual Documents
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Description: "WILLIAMS MEDIA spoke with Colliers International Myanmar who understands that foreign institutions are most likely to choose Grade A or Grade B quality office space as the Central Bank of Myanmar plans to allow more foreign banks to provide services. Demand for quality office spaces is predicted to rise given the reforms regarding the easing of sanctions for foreign banks and foreign insurance providers. SoeThein, deputy governor of the Central Bank of Myanmar (CBM), said Myanmar’s financial sector reforms gaining momentum; this will further the country plans to allow more foreign banks in to provide limited services. Click here to see profiles of Leading Yangon Office Buildings Eleven Myanmar reported that he said the third round of issuances of licences for foreign banks would be opened by the end of this year. The CBM’s foreign banks selection committee already approved 15 criteria for the selection of an eligible consulting firm to provide advisory services for the process of awarding licences to foreign banks that already have a representative office in Myanmar. SoeThein said the CBM would finalise the selection of the consultancy firm by early next month. Myanmar will select only one consultancy firm among the four finalists, Deloitte Touche Myanmar Vigour Advisory Ltd; PricewaterhouseCoopers (PWC) Myanmar Co; EY UTW Advisory Ltd; and Roland Berger Co. “In late May, we invited a total of eight consultancy services to submit proposals for providing advice on the selection of foreign banks. Half of them submitted RFP [request for proposal] on June 24,” he said. According to Colliers demand for quality office spaces is predicted to rise given the reforms regarding the easing of sanctions for foreign banks and foreign insurance providers..."
Source/publisher: "RETALK ASIA"
Date of entry/update: 2019-09-14
Grouping: Individual Documents
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Creator/author: SIR HENRY SUMNER MAINE
Source/publisher: JOHN MURRAY (Publ) 16th Edition (1st Edition, 1861)
1897-00-00
Date of entry/update: 2015-04-09
Grouping: Individual Documents
Language: English
Format : pdf
Size: 7.34 MB
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