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Burma Lawyers' Council (BLC) - "Legal Issues on Burma" - individual articles

Individual Documents

Title: ACTION IN BURMA: THE INTERNATIONAL RULE OF POLITICS
Date of publication: August 2011
Description/subject: "This article considers whether international intervention by the United Nations in Burma can be justified according to principles of current international law (jus ad bellum as distinguished from the jus in bello). Those propositions which are put forward as principle but do not as yet form part of positive law are assessed and distinguished from current international norms. It is argued that in reaching impasse and political stagnation, the Security Council has undermined principles of legal certainty and consistency extant, and held sacrosanct, by the international community as well as within many domestic jurisdictions including Burma itself1. The article considers that while Security Council Resolution 1973 (2011) may have shifted the language of intervention to “responsibility” nevertheless this remains a matter of semantics. Indeed, the international community only exercises powers, as opposed to duties, in respect of other individual states. However, certain reforms of the relationship between the organs of the United Nations are put forward which would help to better enforce the international rule of law, rather than perpetuating the international rule of politics and bowing to the political will of the Permanent Members. Moreover, whilst action with regards to Burma is crucial not only as a moral necessity, should such a reform be recognised, it would become a matter of legal necessity..."
Author/creator: Pia Dutton
Language: English
Source/publisher: "LawKa PaLa - Legal Journal on Burma" - No. 39 (August 2011)
Format/size: pdf (196K)
Date of entry/update: 23 May 2018


Title: “The 2010 Election in Burma – A Hopeless Avenue for Human Rights”
Date of publication: August 2011
Description/subject: "Burma’s military junta, the State Peace and Development Council (SPDC), recently approved The Republic of the Union of Myanmar Constitution in a sham referendum held on May 10 and 24, 2008. According to the SPDC’s roadmap, elections will be held in 2010 to provide for a “discipline-flourishing genuine multiparty democracy” as outlined in the Constitution. The Burma Lawyers’ Council contends that any optimism about the election’s prospects is ill-founded for two reasons: (1) the elections will be held in accordance with the constitution, which was produced and passed by the regime in an undemocratic drafting process and illegitimate referendum; and (2) the Constitution’s provisions demonstrate the government’s blindness to the entitlement of the people of Burma to their basic human rights – providing more reason to weep than to hope..."
Language: English
Source/publisher: "LawKa PaLa - Legal Journal on Burma" - No. 30 (August 2008) - Burma Lawyers' Council (BLC)
Format/size: pdf (326K)
Date of entry/update: 13 June 2018


Title: Burma’s System of Impunity: A Legal Argument for Why Burma Cannot Find a Domestic Resolution for its Heinous Crimes
Date of publication: August 2011
Description/subject: "As a variety of international actors, including over a dozen countries and a score of civil-society organizations, increase their calls for a United Nationsmandated Commission of Inquiry to be established for the purpose of investigating the systematic violation of human rights in Burma, the Burmese regime has repeatedly argued that “An independent investigation in international law requires the exhaustion of local remedies.”1 This statement is accurate to the point that, if Burma were both able and willing to impartially and effectively investigate human rights violations through domestic mechanisms and to appropriately act on the results of such investigations, the international community would be obliged to wait for domestic judicial systems to run their course before initiating an international investigation of heinous crimes within Burma. If, however, Burma cannot or will not hold its human rights violators accountable, it becomes both the right and the responsibility of the international community to intervene..."
Author/creator: James Tager
Language: English
Source/publisher: "LawKa PaLa - Legal Journal on Burma" - No. 39 (August 2011)
Format/size: pdf (144K)
Date of entry/update: 23 May 2018


Title: The Burmese Government in Exile: Outcast but not Irrelevant
Date of publication: August 2011
Description/subject: "The National Coalition Government of the Union of Burma (NCGUB) is one of the world’s approximately two-dozen self-proclaimed governments in exile. Traditionally, the term “government in exile” has been used to refer to a political entity that has been forcibly deposed and claims legitimate governmental authority over its home state with the consent and recognition of the hosting state from which it conducts its activities..."
Author/creator: Stephanie Swigert
Language: English
Source/publisher: "LawKa PaLa - Legal Journal on Burma" - No. 39 (August 2011)
Format/size: pdf (96K)
Date of entry/update: 23 May 2018


Title: The Dangers of Soldiers Judging Soldiers
Date of publication: August 2011
Description/subject: "Burma’s Constitutional court can protect some civilians from the dangers of the Courts-martial system, if it is brave enough. But for others, there is currently no legal protection from military impunity..."
Author/creator: U Myo and James Tager
Language: English
Source/publisher: "LawKa PaLa - Legal Journal on Burma" - No. 39 (August 2011)
Format/size: pdf (119K, 89K - reduced versions)
Alternate URLs: http://www.burmalibrary.org/docs24/BLC_No.39_2011_08_00_The_Dangers_of_Soldiers_Judging_Soldiers.pdf
Date of entry/update: 23 May 2018


Title: The Elements Necessary for the Development of a Free Market Economic System in Burma
Date of publication: August 2011
Description/subject: "For a market economy system to succeed, it must be based on the rule of law and protected by an impartial judiciary. To a large extent, a successful market economy depends on the trust the market participants have in the legal system to uphold their rights and fairly adjudicate their disputes. There must be an efficient, just and affordable judicial mechanism to resolve disputes, including the disputes involving governments. The mechanism must have strong, enforceable safeguards to ensure that the parties are treated fairly. Disputes must be adjudicated based solely on the facts and the law, not on the identity of the party or the relationship the party has to the government. For example, if a business enters into a contract to purchase goods, it must know that it can obtain a legal remedy if the supplier fails to deliver the goods. Businesses justifiably avoid markets that lack fair, efficient and unbiased courts because of the risk of uncompensated loss. In the Yaung Chi Oo case in Burma, for example, a private Singapore company made a joint venture with the Burmese government to manufacture beer. The government attempted to nationalize the company before the expiration of their contract. When the parties went to court, the judge ignored the Singapore company’s arguments and unjustifiably used its broad discretion under the law to rule for the government. A free market economy cannot succeed in such an environment..."
Language: English
Source/publisher: "LawKa PaLa - Legal Journal on Burma" - No. 39 (August 2011)
Format/size: pdf (122K)
Date of entry/update: 23 May 2018


Title: THE NEW REGIME’S JUDICIARY UNDER THE 2008 CONSTITUTION
Date of publication: August 2011
Description/subject: "Chapter 6 of the 2008 Constitution of Myanmar addresses the judiciary and outlines the formation of the courts. There are three types of courts created under the Constitution, namely the Union Supreme Court with its lower domestic courts, the Military Court and the Constitutional Tribunal. The Supreme Court has no jurisdiction over the Constitutional or Military Courts. The three institutions are independent of one another but, ironically, the Constitution states that the Supreme Court is the highest court of the Union. Matters in the Military Court or Constitutional Tribunal cannot be referred to the Supreme Court, so it is patently wrong to say that it is the highest court. This lack of authority is made clearer in Article 295 which sets out the disputes the Supreme Court can handle, including appellate/provisional jurisdiction and other original judicial powers that are vested in the Supreme Court. Thus, the presentation of the Supreme Court as a high court equivalent to that of other countries is misleading since most foreign supreme courts do not have such limitations. Referring to the Supreme Court as the highest court in the Union is appropriate only in relation to its ability to issue enumerated writs and act as a court of final appeal for domestic legal matters..."
Author/creator: B.K Sen
Language: English
Source/publisher: "LawKa PaLa - Legal Journal on Burma" - No. 39 (August 2011)
Format/size: pdf (54K)
Date of entry/update: 23 May 2018


Title: The USDP: An Unlawful Association
Date of publication: August 2011
Description/subject: "For decades, Burma’s ruling elites have committed atrocities against many segments of the Burmese population. Ethnic minorities have been violently suppressed, political dissidents have been imprisoned and small landowners have been subject to arbitrary land confiscations. Despite occasional power struggles within the military controlled government and periodic reshuffling of its leadership, these atrocities have continued unabated..."
Author/creator: Lane Weir
Language: English
Source/publisher: "LawKa PaLa - Legal Journal on Burma" - No. 39 (August 2011)
Format/size: pdf (89K)
Date of entry/update: 23 May 2018


Title: Burma’s System of Impunity: A Legal Argument for Why Burma Cannot Find Resolution for its Heinous Crimes Domestically
Date of publication: April 2011
Description/subject: "As a variety of international actors, including over a dozen countries and a score of civil-society organizations, increase their calls for a United Nationsmandated Commission of Inquiry to be established for the purpose of investigating the systematic violation of human rights in Burma, the Burmese regime has repeatedly argued that “An independent investigation in international law requiresthe exhaustion of local remedies.”1 This statement, made by the Burmese delegation at its Universal Periodic Review in January 2011, is accurate to the point that, if Burma were both able and willing to impartially and effectively investigate human rights violations through domestic mechanisms, and to appropriately act on the results of such investigations, the international community would be obliged to wait for domestic judicial systems to run their course before initiating an international investigation of heinous crimes within Burma. If Burma cannot or will not hold its human rights violators to account, however, it becomes both the right and the responsibility of the international community to intervene..."
Author/creator: James Tager
Language: English
Source/publisher: "LawKa PaLa - Legal Journal on Burma" - No. 38 (April 2011)
Format/size: pdf (107K)
Date of entry/update: 24 May 2018


Title: Burmese government land grabs: Farmers without rights
Date of publication: April 2011
Description/subject: "The Burmese authorities are selling off plots of Burma’s land to the highestbidder. In 2002, Saytoktaya Township farmlands were illegally occupied so thatthe government could build a military service factory. Fields and crops werebulldozed and no compensation was provided. In May 2009, authorities in Arakan State confiscated farms for the purpose of providing land for a Chinese gas pipeline construction project from the Indian Ocean to Mainland China. The promised compensation never materialized In December 2010, the government permitted a large Chinese company, Two Diamond Dragon, to confiscate hundreds of acres of farmland from local people in Kachin State..."
Author/creator: U Myo and Lane Weir
Language: English
Source/publisher: "LawKa PaLa - Legal Journal on Burma" - No. 38 (April 2011)
Format/size: pdf (46K)
Date of entry/update: 24 May 2018


Title: How the 2008 Constitution restricts multi-party democracy in Burma
Date of publication: April 2011
Description/subject: "Burma’s 2008 Constitution, touted as bringing ‘democratic’ reforms to the country, has instead institutionalized bias in favour of the army and the ruling elite. Heralded as a crucial part of the military government’s ‘roadmap to democracy’,the 2008 Constitution was put to a referendum on 10 May, 2008. Though many reputable Burmese groups and international organizations claimed the process was fraudulent, the government hailed the referendum as a success that showed high approval for the new Constitution..."
Author/creator: U Myo
Language: English
Source/publisher: "LawKa PaLa - Legal Journal on Burma" - No. 38 (April 2011)
Format/size: pdf (41K)
Date of entry/update: 24 May 2018


Title: Militarized development is always unsustainable
Date of publication: April 2011
Description/subject: "Decades of military rule have fostered a repressive political environment in which democratic principles are flouted, public resources are exploited for the benefit of the military elite and human rights and the rule of law enjoy little respect. Without basic rights, the voiceless people of Burma suffer the consequences of economic mismanagement that undermines the environment and retards sustainable development. Burma urgently needs strong democratic institutions that promote sustainable development, public participation and accountability..."
Author/creator: Leslie Choi
Language: English
Source/publisher: "LawKa PaLa - Legal Journal on Burma" - No. 38 (April 2011)
Format/size: pdf (56K)
Date of entry/update: 24 May 2018


Title: The Burmese Constitution: "A Discipline- Flourishing Democracy" Is No Democracy At All
Date of publication: April 2011
Description/subject: "The Constitution "approved" by the people of Burma in a May 2008 referendum has been widely condemned for being drafted by an unelected, unaccountable military government and imposed on Burmese citizens. Burma's "State Peace and Development Council" (SPDC) - the military regime which rules Burma-drafted the Constitution in part as a response to pressure from the international community to establish a more democratic political system. The regime also held a referendum on the Constitution as part of its "road map to democracy." Yet the SPDC's commitment to democracy is tepid at best..."
Author/creator: Dustin Milligan
Language: English
Source/publisher: "LawKa PaLa - Legal Journal on Burma" - No. 38 (April 2011)
Format/size: pdf (119K)
Date of entry/update: 24 May 2018


Title: Undemocratic November, 2010 Election in Burma
Date of publication: April 2011
Description/subject: "On November 7, 2010, Burma had its first election in two decades. In 1990, the opposition party National League for Democracy (NLD), led by Nobel Peace Prize winning activist and recently released political prisoner Aung Sun Suu Kyi, recorded a landslide electoral victory, surprising even the ruling military junta. Unfortunately, the junta, or State Peace and Development Council (SPDC), refused to yield the reigns of power and has continued to control the state through oppressive tactics over the course of the past twenty years. In the runup to the 2010 election, the SPDC repeatedly violated human rights as it worked to ensure its continued dominance over the Burmese state..."
Author/creator: Lane Weir
Language: English
Source/publisher: "LawKa PaLa - Legal Journal on Burma" - No. 38 (April 2011)
Format/size: pdf (38K)
Date of entry/update: 24 May 2018


Title: Under Review: Burma’s Failure to Comply with the Convention on the Rights of the Child
Date of publication: April 2011
Description/subject: "In 1991, Burma ratified the Convention on the Rights of the Child (CRC). Every seven years, the Committee for the CRC (Committee) does a review to assess whether member states have adhered to the principles of the Convention. Burma will come up for review in 2012. After the government submitted a report to the Committee in 2009, a group of organizations called the Child Rights Forum of Burma submitted a "Shadow Report" detailing the challenges currently facingchildren in Burma. Subsequently, the Child Rights Forum requested that the Burma Lawyers’ Council do a legal analysis of the status of children in Burma..."
Author/creator: Lane Weir
Language: English
Source/publisher: "LawKa PaLa - Legal Journal on Burma" - No. 38 (April 2011)
Format/size: pdf (88K)
Date of entry/update: 24 May 2018


Title: Accountability and the Future A Commission of Inquiry into War Crimes in Burma
Date of publication: December 2010
Description/subject: "There have been many calls for a Commission of Inquiry into crimes against humanity and war crimes in Burma. These calls often focus on the need to bring the ruling military regime to justice for the egregious human rights abuses it has committed over the past four decades. While the actions of the military regime in its various guises are thoroughly deplorable, it must be recognised that war crimes have been perpetrated by many parties to the conflicts in Burma. This article argues that for the sake of real national reconciliation, any such Commission of Inquiry should investigate the commission of war crimes by all parties. It is held that this could have both immediate preventative effects and help future relations between ethnic groups in Burma..."
Author/creator: Kirsty
Language: English
Source/publisher: "LawKa PaLa - Legal Journal on Burma" - No. 37 (December 2010)
Format/size: pdf (99K)
Date of entry/update: 24 May 2018


Title: Excerpt from paper on the National Convention's Principles of a Constitution
Date of publication: December 2010
Description/subject: The NC Principles also over-concentrate power in the president. In new democracies, the greatest danger comes from the executive branch, especially presidents, because they often over-extend their own power. Sometimes they even take over the government altogether and reign as dictator. The solution is to limit the power of the president in three ways: first, choose the president in such a way that he will feel accountable to many different groups; second, give the other branches power to balance the president; third, make sure that the president’s own powers would not make it easy for him to seize control. Unfortunately, the NC Principles do none of these things. The principles would create a very powerful president—clearly the dominant power in the country. No democracy has succeeded with a president this powerful.
Language: English
Source/publisher: "LawKa PaLa - Legal Journal on Burma" - No. 37 (December 2010)
Format/size: pdf (152K)
Date of entry/update: 24 May 2018


Title: Ministry of Labor vows to control alien migrants –no pregnancy or they will be sent back.
Date of publication: December 2010
Description/subject: [LEAD] Being afraid that Thailand will be flooded by the huge number of migrant’s children, the Minister of Labor has proposed a birth control plan [for the migrants]—sending the pregnant labor back. The remark was made without fear to be condemned. It was revealed that the number of illegal labor force is not less than 1 million. [The government] should speed up the framing guideline.NGO slams[the idea] for going backward, suggest better family planning campaigns. [Body] Mr. Chalermchai Sri-on. The Labour Minister is preparing to set up a measure to control the unregistered migrant labor. The Minister revealed thatthe Migrant Labour Administration Committee had considered to seek appropriate measures and set up principle [to deal with migrant workers
Author/creator: Saw Ku from IRC
Language: English
Source/publisher: "LawKa PaLa - Legal Journal on Burma" - No. 37 (December 2010)
Format/size: pdf (74K)
Date of entry/update: 25 May 2018


Title: SPDC'S 2010 ELECTION RESULT
Date of publication: December 2010
Description/subject: Seats declared in the Burma 2010 election
Language: English
Source/publisher: "LawKa PaLa - Legal Journal on Burma" - No. 37 (December 2010)
Format/size: pdf (217K)
Date of entry/update: 24 May 2018


Title: Suu Kyi says she is seeking: A Non-Violent Revolution
Date of publication: December 2010
Description/subject: "In an interview with the BBC, Burma’s newly freed opposition leader Aung San Suu Kyi said she sought ‘a non-volent revolution’ and offered some reassuring words for the military. ‘I don’t want to see the military falling. I want to see the military rising to dignified heights of professionalism and true patriotism,’ she said. The British-educated Suu Kyi also said she did not fear being detained again. “I’m not scared,” she said. “I know that there is always a possibility, of course. They’ve done it back in the past, they might do it again.”..."
Author/creator: AGNCIES, Rangoon
Language: English
Source/publisher: "LawKa PaLa - Legal Journal on Burma" - No. 37 (December 2010)
Format/size: pdf (46K)
Date of entry/update: 24 May 2018


Title: The Issue on the Stability of Society in Thailand: Judicial Review and the Role of Courts
Date of publication: December 2010
Description/subject: "Mr. Bowornsak Uwanno, the former Dean of the Chulalongkong University Faculty of Law selected to serve as Secretary of the Constitution Drafting Committee for the 1997 Constitution of Thailand (“1997 Constitution”), described the primary deficiencies of the then existing Thai political system: “Politics were dominated by the politicians rather than the people, who enjoyed only few rights and liberties..."
Language: English
Source/publisher: "LawKa PaLa - Legal Journal on Burma" - No. 37 (December 2010)
Format/size: pdf (79K)
Date of entry/update: 25 May 2018


Title: Supreme Court Rejects NLD Appeal to be Reinstated
Date of publication: 23 November 2010
Description/subject: "The Burmese Supreme Court in Naypyidaw on Monday rejected the lawsuit by pro-democracy leader Aung San Suu Kyi’s National League for Democracy (NLD) challenging its disbandment for failing to register as a political party.A senior official in Naypyidaw said the lawsuit had been rejected, according to Deutsche Presse Agentur (DPA). However, Tin Oo, the NLD vice chairman, said, “ We still haven’t received any information about the rejection.” Normally, the court’s rulings are posted publicly, said also NLD lawyers..."
Author/creator: KO HTWE
Language: English
Source/publisher: "LawKa PaLa - Legal Journal on Burma" - No. 37 (December 2010)
Format/size: pdf (41K)
Date of entry/update: 25 May 2018


Title: Freedom address calls for cooperation and democracy
Date of publication: 16 November 2010
Description/subject: "I have to begin by thanking you for your support. We haven’t seen each other for a long time, but I am happy to see that our mutual faith remains strong; it fortifies me. In order to do our work, we must know what the people want - you do know what you want, don’t you? Well, it’s fine to know what you want, but you must also know how you are going to achieve what you want. I believe that politics must be learned. I have often said, in my talks with the youth, I don’t believe there is such a thing as good people or bad people, or smart or stupid people. I only believe that there are people who can learn and people who can’t. I believe that we, the people, can learn very well. It’s not enough to know what you want, but also to know how to achieve it with integrity. I say this not to patronise, I say from experience that no matter what the goal, if the path is without integrity, it will lose its way and be destroyed. This is why we must achieve what we want with integrity..."
Language: English
Source/publisher: "LawKa PaLa - Legal Journal on Burma" - No. 37 (December 2010)
Format/size: pdf (84K)
Date of entry/update: 24 May 2018


Title: Demand for the Unconditional Release of Daw Aung San Suu Kyi
Date of publication: 12 November 2010
Description/subject: "Daw Aung San Suu Kyi is currently in detention by an order given under Article 10 (b) of the State Protection Act, which enables “the Central Board, in the protection of the State against dangers,” to “implement” a “restrictive order”. The Article then states, “The movements of a person against whom action is taken can be restricted for a period of up to one year”. After the arrival of an uninvited person to where she was being held under detention,Daw Aung San Suu Kyi was charged with an offence under Article 22 of the State Protection Act, which says that “any person against whom action is taken, who opposes, resists or disobeys any order passed under this Law shall be liable to imprisonment for a period of up to three years.”..."
Language: English
Source/publisher: "LawKa PaLa - Legal Journal on Burma" - No. 37 (December 2010)
Format/size: pdf (43K)
Date of entry/update: 24 May 2018


Title: A Comparative Study: Seeking Judicial Power With a Special Focus on Burma's Judiciary
Date of publication: August 2010
Description/subject: "In today’s world, the rule of law has become the dominant legitimizing slogan, despite the fact that universal agreement has not yet been reached on the nature of the doctrine. Even governments that reject or express reservations about democracy and human rights as cultural and political inventions of the West..." nonetheless claim that they abide by or are working towards achieving the rule of law.2 It is also evident that, with the existence of an independent, competent and impartial judiciary, the rule of law will be entrenched.
Language: English
Source/publisher: "LawKa PaLa - Legal Journal on Burma" - No. 36 (August 2010)
Format/size: pdf (268K)
Date of entry/update: 25 May 2018


Title: ANALYSES OF THE SITUATION IN BURMA
Date of publication: August 2010
Description/subject: "The SPDC has proven its unwillingness to relinquish power. The regime repeatedly promises one thing, and then reneges on what it has stated to serve its own purposes. In 2005, the SPDC established Naypyidaw as the new capital of Burma. Located approximately 320 km north of Rangoon, the move attests to the SPDC’s intent to maintain political control. In contrast to Rangoon, Naypyidaw is relatively undeveloped and unpopulated (except for by government officials). The area is void of mobile phone service and private landlines are prohibited for civil servants. The top military generals themselves live hidden from the public eye in mansions 11 km from the main government offices. Naypyidaw represents less of a capital city where a citizen would go to petition a government, and more of what it really is—a military base with pitiful civilian trappings..."
Language: English
Source/publisher: "LawKa PaLa - Legal Journal on Burma" - No. 36 (August 2010)
Format/size: pdf (50K)
Date of entry/update: 25 May 2018


Title: DISENFRANCHISED DEMOGRAPHICS: MIGRANT WORKERS, REFUGEES, INTERNALLY DISPLACED PERSONS, AND POLITICAL PRISONERS
Date of publication: August 2010
Description/subject: "The question of “equal voting power for all citizens” is very controversial in Burma’s situation. Burma is and has been a nation in crisis for nearly fifty years. Harsh military rule has resulted in a scattered population due to either economic or security reasons. Thus, disenfranchised populations exist both outside and inside of Burma. Though a registration was compiled for the 1990 election,the worst internal fighting occurred after that, necessitating an updated registration roll..."
Language: English
Source/publisher: "LawKa PaLa - Legal Journal on Burma" - No. 36 (August 2010)
Format/size: pdf (190K)
Date of entry/update: 25 May 2018


Title: Federalism in Multiethnic Societies: A Look at Accommodative Institutions
Date of publication: August 2010
Description/subject: "Multiethnic societies contain groups of people with varied traditions, languages, and cultural backgrounds. Frequently, the sociological development of the ethnic identities predates the political development of the state unit that governs that society. Whether the state was created as a result of a series of historical battles, a consensual coming together, or as part of an ill-designed decolonization process, many multiethnic states struggle with ethnic differences and face the choice of fragmentation or redesigning the government to better hold it together. Federalism is a form of governance increasingly recommended for multethnic societies..."
Author/creator: C.Rubi
Language: English
Source/publisher: "LawKa PaLa - Legal Journal on Burma" - No. 36 (August 2010)
Format/size: pdf (149K)
Date of entry/update: 25 May 2018


Title: THE 2010 ELECTIONS: POLITICAL PARTIES AND ETHNIC ORGANIZATIONS
Date of publication: August 2010
Description/subject: "Chapter 10 of the 2008 Constitution outlines requirements for political parties. Paramount among the goals of political parties is "non-disintegration of the Union, non-disintegration of national solidarity and perpetuation of sovereignty".1 Additionally, the 2008 Constitution predetermines a set of unalterable party objectives. In liberal democracies, however, political parties are formed precisely to represent an array of viewpoints and offer different options to voters. The issue of set objectives is significant in the case of Burma because the majority of political parties disagree with the 2008 Constitution and will not comply with it. The regime cannot force a political party to change its agenda, but if a political party cannot adhere to the constitution, then it automatically disqualifies itself. Thus, objections to the constitution and failure to register as a political party under its guidelines may lead to cancellation of the legal status of the party. Without official legal status, the SPDC can effectively bar these groups from elections and government. This can be interpreted as a deliberate attempt to restrict the role of the opposition in political participation,which then renders the possibility of true multi-party democracy obsolete..."
Language: English
Source/publisher: "LawKa PaLa - Legal Journal on Burma" - No. 36 (August 2010)
Format/size: pdf (69K)
Date of entry/update: 25 May 2018


Title: The Burma Lawyers’ Council Applauds the United States for Its Support for a United Nations Commission of Inquiry
Date of publication: August 2010
Description/subject: "The Burma Lawyers’ Council welcomes the public support of the United States for a United Nations Commission of Inquiry (COI) to investigate crimes against humanity and war crimes in Burma. The Obama administration announced its support for a COI on August 17, 2010, which marked the government’s departure from its previous policy of engagement with the regime..."
Language: English
Source/publisher: "LawKa PaLa - Legal Journal on Burma" - No. 36 (August 2010)
Format/size: pdf (31K)
Date of entry/update: 25 May 2018


Title: THE IMPOSSIBILITY OF FREE FAIR ELECTIONS UNDER EXISTING DRACONIAN LAWS
Date of publication: August 2010
Description/subject: "Free elections are characterized by the right of access to political information; freedom to organize for political purposes and the right to campaign; regular holding of elections that are decided by the freely cast vote of the majority;and equal voting power for all citizens.1 The SPDC has restricted each of these tenets with the use of draconian laws and, with the new constitution, will be able to permanently deny free elections under various pretenses..."
Language: English
Source/publisher: "LawKa PaLa - Legal Journal on Burma" - No. 36 (August 2010)
Format/size: pdf (178K)
Date of entry/update: 25 May 2018


Title: THE NEXUS BETWEEN THE 2008 CONSTITUTION AND 2010 ELECTION
Date of publication: August 2010
Description/subject: "The international community has repeatedly called for the junta to hold free and fair elections in 2010, as well as allow international monitors to observe, but this alone is an inadequate response to the overall political situation. Before focusing on the future, the international community must turn to the past and address the aspects of the 2008 Constitution that intrinsically flout democracy. First, the constitution was written without the consensus of stakeholders.1 Second,it was presented to a population where 69 percent claimed to have "no awareness of the details of the proposed constitution".2 Third, though the UN has documented a multitude of human rights violations on the parts of SLORC and the SPDC, Article 445 promises impunity for military.3 Thus, the very premise of the 2010 election as a step towards democracy is already compromised..."
Language: English
Source/publisher: "LawKa PaLa - Legal Journal on Burma" - No. 36 (August 2010)
Format/size: pdf (104K)
Date of entry/update: 25 May 2018


Title: Kosovo decision by the International Court of Justice: a landmark verdict on separatism
Date of publication: 22 July 2010
Description/subject: "On 22 July 2010, the International Court of Justice (ICJ) ruled in a 10-4 decision that the unilateral declaration of independence by Kosovo in February 2008 did not violate international law.1 Kosovo, a region in the Former Yugoslavia that Serbia considers to be within its sovereign territory, had been under transitional UN administration since 1999. Kosovo was first declared a UN protectorate on the alleged ground that Slovakia perpetrated acts of genocide there, however there are allegations of violations against both sides involved in the conflict in the region throughout the 1990s..."
Author/creator: Mr. B. K. Sen
Language: English
Source/publisher: "LawKa PaLa - Legal Journal on Burma" - No. 37 (December 2010)
Format/size: pdf (81K)
Date of entry/update: 25 May 2018


Title: 2010 Election in Burma from the perspective of Rule of Law
Date of publication: April 2010
Description/subject: "2010 has at last arrived. The momentous event of the decade, in fact in the country’s history, will be the election to be held under the 2008 constitution. It will provide a historic opportunity to put the military rulers in the dock as per their promise for fair and free elections to elect a new civilian democratic government according to the Constitution ratified in 2008. Perhaps we will witness a great turning point in the history of Burma. In 2008 the ruling military junta held a referendum on the Constitution drafted by its appointed National Convention.Having done that, which took 14 years, it was time to have a general election to elect a government according to the provisions of the constitution. It is of paramount importance that we bear in mind the process which gave birth to the 2008 constitution. A National Convention was established through the direct appointment of the overwhelming majority of its members. At the outset the National League for Democracy, the main opposition party, was given a small space. But eventually it was forced to leave the Convention because of the ways in which the proceedings were carried out. In effect the 2008 constitution was devoid of the will of the people and the draft was created without the mandate of the people. It was a prudent exercise in power politics by those who hold guns to stick to power to rule the people..."
Author/creator: BK Sen
Language: English
Source/publisher: "LawKa PaLa - Legal Journal on Burma" - No. 35 (April 2010) - Burma Lawyers' Council (BLC)
Format/size: pdf (69K)
Date of entry/update: 26 May 2018


Title: BLC statement on the false accusations against the organization
Date of publication: April 2010
Description/subject: "On 27 January 2010, the SPDC Ministry of Home Affairs held a press conference in which it accused the Burma Lawyers’ Council (BLC) of being involved in several explosions inside Burma. We the BLC denounce the SPDC for falsely and groundlessly accusing the BLC of those violent events. Contrary to the SPDC statement, the BLC does not have any communication whatsoever with any individual or group involved in the explosions. Since the BLC was formed over 15 years ago, we have not been involved in any sort of violent activities of any kind. Likewise, in the future we would not become involved in any acts of such violence..."
Language: English
Source/publisher: "LawKa PaLa - Legal Journal on Burma" - No. 35 (April 2010) - Burma Lawyers' Council (BLC)
Format/size: pdf (81K)
Date of entry/update: 26 May 2018


Title: Civil Society Formation and Rule of Law
Date of publication: April 2010
Description/subject: "Though governments should facilitate “economic sufficiency”, this should not be incorrectly interpreted to mean that the government should assume all economic power and regulate the economy of the entire society. In myriad cases, the government has usurped power and aggrandized its role more than necessary while eschewing its aforementioned obligations. History has already shown how the Soviet Union collapsed mainly because the ruling regime usurped both political and economic power simultaneously to exercise rigid centralization, rejected political checks and balances, and ignored the promotion of economic sufficiency for people. The government became reactionary, abusive, and corrupt, leading to a forfeiture of transparency and accountability..."
Language: English
Source/publisher: "LawKa PaLa - Legal Journal on Burma" - No. 35 (April 2010) - Burma Lawyers' Council (BLC)
Format/size: pdf (83K)
Date of entry/update: 26 May 2018


Title: Democratic Election Standards
Date of publication: April 2010
Description/subject: "An independent election commission must be created to oversee the elections. The 2008 Constitution mandates the formation of the Union Election Commission (UEC) for this purpose, but the parameters of the commission leave little room for independence.1 According to the constitution, the President appoints each member of the commission and does not need approval from parliament.2 This is an irregular practice as it allows one person to determine and appoint a supposedly unbiased committee. Additionally, since there is currently no president, one can infer that the SPDC will choose the members of the first election commission..."
Language: English
Source/publisher: "LawKa PaLa - Legal Journal on Burma" - No. 35 (April 2010) - Burma Lawyers' Council (BLC)
Format/size: pdf (156K)
Date of entry/update: 25 May 2018


Title: The Economic Development and Rule of Law
Date of publication: April 2010
Description/subject: "There are presumptions that elections in 2010 and the following period may bring gradual economic development in Burma. Elections are often processes for democratic change, which in turn usually facilitates an open market economic system. After the elections, however, Burma’s 2008 Constitution will certainly be implemented. This Constitution contains numerous flaws that will prevent true democracy to flourish and will allow the military to continue its control over the country. As of now, the governing State Peace and Development Council (SPDC) has given no indication that it will revise its highly flawed constitution..."
Language: English
Source/publisher: "LawKa PaLa - Legal Journal on Burma" - No. 35 (April 2010) - Burma Lawyers' Council (BLC)
Format/size: pdf (491K)
Date of entry/update: 26 May 2018


Title: The Role of Judiciary In Promoting Human Rights And The Rule of Law
Date of publication: April 2010
Description/subject: "In Burma, the ruling State Peace and Development Council (SPDC) has institutionalized human rights abuses through what has been commonly characterized as Burma’s “injustice system.”1 Arbitrary arrests and unlawful prosecutions, used by the regime to silence its critics and discriminate against ethnic minorities and women, are perpetuated by the state’s judiciary, which serves merely as “an appendage of executive authority.”..."
Language: English
Source/publisher: "LawKa PaLa - Legal Journal on Burma" - No. 35 (April 2010) - Burma Lawyers' Council (BLC)
Format/size: pdf (158K)
Date of entry/update: 26 May 2018


Title: Statement on the Parliamentarian’s Request to the UN Security Council on the Formation of a Commission of Inquiry
Date of publication: 11 December 2009
Description/subject: "The Burma Lawyers' Council (BLC) supports the over 400 parliamentarians from 29 countries who singed a letter to the United Nations Security Council (UNSC) urging the establishment of a Commission of Inquiry regarding the heinous crimes that have been occurring in Burma. The BLC was recently invited by the Coalition for the International Criminal Court (CICC) to attend the Eighty Session of the Assembly of States Parties (ASP). During a meeting with the Court’s prosecutors at the ASP, civil society groups were urged to continue campaigning for the UNSC to form a Commission of Inquiry. The letter from parliamentarians from all over the world demonstrates the strength of the campaign to end impunity for war crimes and crimes against humanity in Burma..."
Language: English
Source/publisher: "LawKa PaLa - Legal Journal on Burma" - No. 35 (April 2010) - Burma Lawyers' Council (BLC)
Format/size: pdf (60K)
Date of entry/update: 26 May 2018


Title: ASEAN Snubs Civil Society Groups, Dashes Hopes for Effective Human Rights Mechanism
Date of publication: December 2009
Description/subject: "All eyes were on Cha-Am, Thailand on October 23, 2009, when Association of Southeast Asian Nations (ASEAN) leaders met to inaugurate the ASEAN Intergovernmental Commission on Human Rights (AICHR). The Commission is fraught with serious problems such as a lack of independence from member states – Burma’s representative to the AICHR, for example, staunchly defends the military regime and its dismal human rights record. The AICHR also adheres to a non-interference policy, promotes “promotion” as opposed to protection of human rights, and has no enforcement powers. Despite these obstacles, human rights groups in the region were hopeful that input from civil society would help to give teeth to the fledgling AICHR. Civil society groups from ASEAN member states met..."
Author/creator: Andrea Gittleman
Language: English
Source/publisher: "LawKa PaLa - Legal Journal on Burma" - No. 34 (December 2009) - Burma Lawyers' Council (BLC)
Format/size: pdf (47K)
Date of entry/update: 26 May 2018


Title: Burma and National Reconciliation: Ethnic Conflict and State-Society Dysfunction
Date of publication: December 2009
Description/subject: "It is maintained that Burma’s ‘ethnic conflict’ is not per se ethnic, nor that of the kind faced by indigenous peoples of, for example, North America, but a conflict rooted in politics. Following the collapse of Burma’s General Ne Win’s military-socialist regime in 1988, the issue of ethnic conflict has attracted the attention from both observers and protagonists. This attention became heightened following the unraveling of the socialist bloc and the emergence of ethnic wars in those hitherto (presumed) stable socialist nation-states..."
Author/creator: Chao-Tzang Yawnghwe
Language: English
Source/publisher: "LawKa PaLa - Legal Journal on Burma" - No. 34 (December 2009) - Burma Lawyers' Council (BLC)
Format/size: pdf (115K)
Date of entry/update: 26 May 2018


Title: BURMA: Many Crises, No Response
Date of publication: December 2009
Description/subject: "LEAD: Under the ruling Junta, the Burmese people live with perpetual crises, whether related to the economy, politics, food or the environment. These have combined to create a situation of extreme poverty, lack of basic rights and increasingly deteriorating social conditions. People’s organizations, which may constitute a part of civil society in the future, are underdeveloped, banned or persecuted by the Government. Rights are reserved only for the military elite and their cronies, while the most vulnerable citizens are disproportionately affected by crises and disaster..."
Language: English
Source/publisher: "LawKa PaLa - Legal Journal on Burma" - No. 34 (December 2009) - Burma Lawyers' Council (BLC)
Format/size: pdf (87K)
Date of entry/update: 26 May 2018


Title: Constructive Engagement: A Critical Evaluation
Date of publication: December 2009
Description/subject: "“Constructive Engagement is a euphemism for doing business with thugs,” so proclaimed former Senator Daniel Patrick Moynihan in referring to the US policy towards China. While this may be the view of its outspoken opponents, the proponents of Constructive Engagement defend it with equal fervor as an enlightened approach, and one that is frequently the only realistic option, in dealing with rouge states in the post-Cold War era of globalization. In essence, Constructive Engagement is a policy which advocates the maintenance of an economic and diplomatic relationship with an authoritarian state as opposed to imposing sanctions and embargoes on it. It has been described as “promoting economic and political ties, while at the same time pressing for democracy, open markets and human rights”...."
Author/creator: Minn Naing Oo
Language: English
Source/publisher: "LawKa PaLa - Legal Journal on Burma" - No. 34 (December 2009) - Burma Lawyers' Council (BLC)
Format/size: pdf (110K)
Date of entry/update: 26 May 2018


Title: Interface Burma: TO PROMOTE AWARENESS ON THE INTERNATIONAL CRIMINAL COURT
Date of publication: December 2009
Description/subject: "For decades, the people in Burma have suffered extreme oppression under the ruling military regime, the State Peace and Development Council (SPDC). The acts of the military regime in Burma have been widespread and systematically committed, such as murder, rape, torture, forcible displacements, deprivation of physical liberty of individuals and land confiscations without consent or compensation. Furthermore, the regime has forced the judges to jail persons who are active in politics, lacking of fair trial and ignoring due process of law. The acts of the authority are not only human rights violations. These acts are international crimes. These crimes should be subject to the international justice mechanisms, particularly through referral to the International Criminal Court. Therefore, we need to increase cooperation among Burmese Human Rights Organizations, Non-governmental organizations and individuals. We should promote awareness of the International Criminal Court (ICC). This article will highlight the BLC’s trip to The Hague in order to promote knowledge of the ICC..."
Language: English
Source/publisher: "LawKa PaLa - Legal Journal on Burma" - No. 34 (December 2009) - Burma Lawyers' Council (BLC)
Format/size: pdf (78K)
Date of entry/update: 09 June 2018


Title: The ICG Recommendations Urging Support for the 2010 Elections in Burma Conflict with States’ Erga Omnes Obligations Under International Law
Date of publication: December 2009
Description/subject: "The International Crisis Group plays a unique and critical role in resolving and preventing conflict globally. Central to the ICG mission is its commitment to ensuring respect for the principles of international humanitarian law. We are writing this letter to call your attention to ICG’s radical departure from those principles in its August 2009 Report (the Report), “Myanmar: Towards the Elections.” The Report urges that States and the United Nations endorse the military drafted Constitution of the Republic of the Union of Myanmar (2008) (hereinafter 2008 constitution), assist Senior General Than Shwe with the 2010 elections, and engage as fully as possible with any “new” government in Burma. These recommendations are fundamentally incompatible with jus cogens rules requiring States to take all possible measures to stop the ongoing violations of the Geneva Conventions and other serious breaches of peremptory norms in Burma..."
Language: English
Source/publisher: "LawKa PaLa - Legal Journal on Burma" - No. 34 (December 2009) - Burma Lawyers' Council (BLC)
Format/size: pdf (139K)
Date of entry/update: 09 June 2018


Title: The Landmark Trial of Daw Aung San Suu Kyi
Date of publication: December 2009
Description/subject: "In legal history we see many trials that are both historical and political. The recent trial of Daw Aung San Suu Kyi was one such trial. From a legal standpoint, the trial has surpassed expectations of dishonesty and unfairness. Never had the judiciary in any country been so under the control of its military rulers. Never had there been such a sham trial where a representative of the military government entered a courtroom to reverse the court’s verdict. Although it is known throughout the world that the military in Burma is manipulating the judiciary and undermining its independence, Suu Kyi’s trial pushes these issues to the forefront. The long story of Suu Kyi’s non-violent struggle for democracy has become more complicated and more important after this landmark trial. Both Suu Kyi and the democracy movement are now facing new challenges in the future...."
Language: English
Source/publisher: "LawKa PaLa - Legal Journal on Burma" - No. 34 (December 2009) - Burma Lawyers' Council (BLC)
Format/size: pdf (59K)
Date of entry/update: 09 June 2018


Title: THE RULE OF LAW AND DEMOCRATIZATION: AN ANALYSIS OF THE FORTHCOMING 2010 ELECTION IN BURMA FROM A HUMAN RIGHTS PERSPECTIVE
Date of publication: December 2009
Description/subject: "For the past fifty years, military dictators have ruled Burma destroying the economy, abolishing the rule of law, and perpetuating thousands of human rights violations against its own population. The military regime known as the State Peace and Development Council (SPDC) regularly enlists child soldiers, uses sexual violence against the civilian population, has forcibly displaced and destroyed over 3,000 ethnic villages, and carries out executions with impunity.1 The state currently holds over 2,000 political prisoners, including Nobel Peace Prize Laureate Daw Aung San Suu Kyi, and has refused repeated calls for release or trials. The international community’s efforts to both isolate and engage the military junta have failed to produce results. The regime has announced that elections will assuredly be held in 2010 to implement its military-dominated Constitution, which was forcefully approved in May 2008..."
Language: English
Source/publisher: "LawKa PaLa - Legal Journal on Burma" - No. 34 (December 2009) - Burma Lawyers' Council (BLC)
Format/size: pdf (110K)
Date of entry/update: 26 May 2018


Title: Position of UN Special Repporteur on Human Rights in Burma and 2008 Constitution and 2010 Election
Date of publication: 18 November 2009
Description/subject: "The Global Justice Center (GJC) and the Burma Lawyer’s Council (BLC)1 acknowledge the dedicated efforts of the various Special Rapporteurs on the Situation of Human Rights in Myanmar. Central to the mandate of your office is furthering the international human rights and humanitarian precepts under the UN Charter. The human rights initiatives that currently frame your interaction with the military rulers of Burma are based on fully embracing the Constitution of the Republic of the Union of Myanmar (2008) (hereinafter the 2008 constitution).2 We are writing this letter as a matter of urgency to alert you to the fact that by supporting the 2008 constitution, which facilitates Burma’s serious and continuing breaches of peremptory norms, you are at risk of violating your mandate. Any acceptance of the 2008 constitution violates jus cogens rules3 and the UN’s established policy4 since the constitution embodies permanent amnesties and other serious breaches in violation of Common Article 3 of the Geneva Conventions..."
Author/creator: Mr. Tomas Ojea Quintana
Language: English
Source/publisher: "LawKa PaLa - Legal Journal on Burma" - No. 34 (December 2009) - Burma Lawyers' Council (BLC)
Format/size: pdf (118K)
Date of entry/update: 26 May 2018


Title: The Security Council should address the situation in Burma and the protection of civilians in armed conflict.
Date of publication: 11 November 2009
Description/subject: "The International Federation for Human Rights (FIDH) is writing to you to urge the United Nations Security Council to address the gravity of the situation in Myanmar/Burma. As you may recall, Tomás Ojea Quintana, the Special Rapporteur on the situation of human rights in Myanmar, in addressing the 64th session of the United Nations General Assembly expressed his concerns that the widespread and systematic violations of civilians' rights continue in Myanmar/ Burma. Moreover, Mr. Quintana urged the General Assembly to act against impunity in the country by putting in place measures to establish responsibility for theses violations.The human rights violations, potentially amounting to crimes against humanity and war crimes,perpetrated by the State Peace and Development Council (SPDC) are escalating in number and taking place in a context where the junta enjoys complete impunity and is gaining legitimacy in the eyes of the international community merely for undertaking superficial, cosmetic reforms. At the same time, the new constitution of Burma will only further entrench the power of theSPDC while it refuses to undertake any actions in favor of national reconciliation..."
Language: English
Source/publisher: "LawKa PaLa - Legal Journal on Burma" - No. 34 (December 2009) - Burma Lawyers' Council (BLC)
Format/size: pdf (71K)
Date of entry/update: 09 June 2018


Title: Existing obligations erga omnes require the Conference of Chief Justices of the Asia Pacific region to publicly exclude Chief Justice U Aung Toe of Myanmar as a Conference participant.
Date of publication: 10 November 2009
Description/subject: "We are writing you in your capacity as Chair of the Judicial Section of LAWASIA regarding the Conference of Supreme Court Chief Justices from the Asia Pacific region (the Conference), which, we believe, is meeting in Ho Chi Minh, Vietnam this week of November 9, 2009. We want to preface this letter by expressing our admiration and respect for the powerful initiatives taken by the Chief Justices of the Asia Pacific region (Chief Justices). The Beijing Statement of Principles of the Independence of the Judiciary in the LAWASIA Region (Beijing Statement), publicly affirming constitutionalism, judicial independence, and the universality of international humanitarian and human rights law, is a singular example of how Chief Justices can act together to advance respect for the rule of law..."
Language: English
Source/publisher: "LawKa PaLa - Legal Journal on Burma" - No. 34 (December 2009) - Burma Lawyers' Council (BLC)
Format/size: pdf (97K)
Date of entry/update: 09 June 2018


Title: Appeal to Take Action on the SPDC Military Regime in Burma In Regard to Its Recent Oppression of Reporters and Journalists who Exercise Freedom of Expression
Date of publication: 03 November 2009
Description/subject: "The 2nd Southeast Asia Media Legal Defense Network Conference was held in Cebu City, the Philippines, on Oct 27-27, 2009. The representatives from the international organizations, which are fighting for freedom of expression, and media related associations from Southeast Asia, and legal academicians, including those from the Burma Lawyers' Council, numbering over 90, participated there. 2. In addition to the fact that freedom of expression is basic human rights of individuals, it is also foundation for all democratic states. Oppression of media enterprises, reporters and journalists, who exercise freedom of expression systematically, means commission of human rights violations. As a negative result, people's right to know is denied and element for the emergence of a democratic state is ruined..."
Language: English
Source/publisher: "LawKa PaLa - Legal Journal on Burma" - No. 34 (December 2009) - Burma Lawyers' Council (BLC)
Format/size: pdf (57K)
Date of entry/update: 09 June 2018


Title: Seeking Criminal Accountability, the Rule of Law and Democratic Transition for Burma
Date of publication: 13 August 2009
Description/subject: "The international community, as well as the majority of people in Burma, has an expectation to transform the country from the rule of dictatorship to democracy by peaceful means, including political dialogue.1 The National League for Democracy (NLD) has repeatedly called for unconditional dialogue, based on principles of mutual respect and national reconciliation.2 However, with reference to over two decades of experiences in Burma, it is time to scrutinize whether political dialogue, based on genuine national reconciliation that addresses previous human rights abuses effectively and properly, can become a reality under the current circumstances. More importantly, it is also time to observe how peaceful democratization of Burma can be achieved in a way that criminal accountability is sought while laying down a foundation for the rule of law, for long term protection of human rights..."
Language: English
Source/publisher: "LawKa PaLa - Legal Journal on Burma" - No. 33 (August 2009) - Burma Lawyers' Council (BLC)
Format/size: pdf (142K)
Date of entry/update: 09 June 2018


Title: A Toothless Tiger, or an Important Step Forward for the Region?
Date of publication: 09 August 2009
Description/subject: "On July 20, 2009, the ASEAN Ministerial Meeting in Phuket, Thailand, adopted the Terms of Reference (TOR) for the long-awaited human rights arm of the Association of Southeast Asian Nations (ASEAN).1 ASEAN Secretary General Dr. Surin Pitsuwian proclaimed that "Democracy and human rights are two basic principles enshrined in the [ASEAN] Charter and we are now taking steps towards the fulfillment of these principles for our peoples."2 However, the extent to which this new body will be able to effectively address human rights concerns in the region is an issue of great disagreement among ASEAN’s member nations, the international media and civil society organizations. While some feel that any progress at all in the area of human rights protection in Southeast Asia should be lauded, others have claimed that the new body is essentially powerless to enforce a minimum standard of human rights, or even to investigate and bring to light any human rights violations that may occur in the region. This article seeks to review the initial reaction of interested parties to the TOR, to review the TOR themselves to determine what powers and restraints the new body will be operating under, and to highlight a few of the ongoing human rights dilemmas that the new body will face. Finally, it is concluded that while the TOR certainly could have been stronger and the new body will start out without the power to investigate violations or enforce rights, it should not be dismissed as altogether useless, and its future utility will depend on ASEAN’s ability to follow through on its promise to strengthen the body in an "evolutionary" manner..."
Language: English
Source/publisher: "LawKa PaLa - Legal Journal on Burma" - No. 33 (August 2009) - Burma Lawyers' Council (BLC)
Format/size: pdf (83K)
Date of entry/update: 09 June 2018


Title: Putting Burma's Junta on Trial
Date of publication: 07 August 2009
Description/subject: "Last month two famous defendants — one adored, the other despised — appeared in courts nearly 10,000 km apart. Charles Taylor, the former president of Liberia, is being tried by a special tribunal in The Hague for murder, rape, torture, and other war crimes allegedly committed during the decade-long conflict in neighboring Sierra Leone. Taylor — known as "Pappy" to child soldiers who, say prosecutors, were abducted, drugged and dispatched to commit atrocities on his orders — used his first appearance on the stand on July 14 to dismiss the charges as "disinformation, misinformation, lies, rumors." (Read "'Lies and Rumors': Liberia's Charles Taylor on the Stand.")..."
Language: English
Source/publisher: "LawKa PaLa - Legal Journal on Burma" - No. 33 (August 2009) - Burma Lawyers' Council (BLC)
Format/size: pdf (64K)
Date of entry/update: 09 June 2018


Title: WLB open letter to UN Secretay General Ban Ki-moon
Date of publication: 07 August 2009
Description/subject: "The Women's League of Burma (WLB) joined by sixty four leading women's or ganizations sent a letter to the Secretary General and members of the United Nations Security Council calling f or the prosecution of Senior General Than Shwe at the International Criminal Court (ICC), and an immediate end to the longstanding impunity that has been afforded to the brutal military junta in Burma..."
Language: English
Source/publisher: "LawKa PaLa - Legal Journal on Burma" - No. 33 (August 2009) - Burma Lawyers' Council (BLC)
Format/size: pdf (51K)
Date of entry/update: 09 June 2018


Title: An Analysis of Article 2(d) of the ILO Convention on Forced Labour, 1930
Date of publication: August 2009
Description/subject: "In the Spring of 2009, a partnership of the Emergency Assistance Team (EAT) and John Hopkins University published a report on the human rights abuses that continue in the Irrawaddy Delta a year after Cyclone Nargis. The report is entitled After the Storm: Voices from the Delta and it principally contends that the military government of Burma has continued to use Cyclone Nargis as an excuse for the perpetuation of human rights abuses. After the Storm was swiftly responded to with a virulent dismissal by a union of numerous aid organizations working in the Delta region. A group of 21 aid organizations working in the Irrawaddy region publicly issued "Joint Response to After the Storm: Voices from the Delta "on April 8th , 2009. While the different groups disagreed over several issues, one point of contention falls on an important and rarely-discussed question of international law, which merits fur- ther examination..."
Language: English
Source/publisher: "LawKa PaLa - Legal Journal on Burma" - No. 33 (August 2009) - Burma Lawyers' Council (BLC)
Format/size: pdf (72K)
Date of entry/update: 11 June 2018


Title: Appeal to Take Action on Prosecution of Daw Aung San Su Kyi Under the Rome Statute of the International Criminal Court 1.
Date of publication: August 2009
Description/subject: "Recently, the president of East Timor and Nobel Peace Prize laureate Jose Ramos-Harto claimed that, if the SPDC does not immediately release Daw Aung San Su Kyi, he will urge the Office of the Prosecutor of the International Criminal Court (ICC) to investigate and prosecute Sen. Gen. Than Shwe and other responsible leaders of the SPDC for the crimes they have committed over the years. The Burma Lawyers’ Council welcomes and fully supports Mr. Ramos- Harto’s statement..."
Language: English
Source/publisher: "LawKa PaLa - Legal Journal on Burma" - No. 33 (August 2009) - Burma Lawyers' Council (BLC)
Format/size: pdf (56K)
Date of entry/update: 09 June 2018


Title: BLC Statement on Depayin Massacre
Date of publication: August 2009
Description/subject: "The Depayin Massacre took place in Burma on May 30, 2003. Despite that it has already been six years, the perpetrators have not yet been taken into legal action effectively. As a result, the Rule of Law does not prevail and a genuine national reconciliation has not yet come into existence. Given that the perpetrators enjoy impunity, they have continued committing the heinous crimes repeatedly..."
Language: English
Source/publisher: "LawKa PaLa - Legal Journal on Burma" - No. 33 (August 2009) - Burma Lawyers' Council (BLC)
Format/size: pdf (71K)
Date of entry/update: 09 June 2018


Title: Crimes in Burma A Report From the International Human Rights Clinic, Harvard University
Date of publication: August 2009
Description/subject: "In May, 2009, five leading international jurists released an immensely thorough report on the numerous violations of international law that have been committed by Burma’s ruling military junta, the State Peace and Development Council (SPDC). The report entitled Crimes in Burma was commissioned by five of the world’s most renowned jurists (Justice Richard J. Goldstone (South Africa); Patricia M. Wald (United States); Sir Geoffrey Nice QC (United Kingdom); Judge Pedro Nikken (Venezuela); Hon. Ganzorig Gombosuren (Mongolia)), on behalf of the International Human Rights Clinic at Harvard University, the United States’ wealthiest and most prestigious academic institution. The jurists each represent a different continent—Africa, Asia, Europe, and North and South America—and each has extensive experience in international human rights law. At the outset of the report, they write: “Each of us has dealt directly with severe human rights abuses in the international system, and we have seen the painful consequences of inaction"...."
Language: English
Source/publisher: "LawKa PaLa - Legal Journal on Burma" - No. 33 (August 2009) - Burma Lawyers' Council (BLC)
Format/size: pdf (46K)
Date of entry/update: 09 June 2018


Title: Current Situation of Burmese Migrant Workers and their Children in Thailand
Date of publication: August 2009
Description/subject: "Abstract. It is estimated that over 2.2 million people from Myanmar have decided to flee the tyranny of the military government in their home country and cross the porous Thai-Burmese border.1 Upon doing so, most Burmese migrants find work that most Thais refuse to partake in. These jobs, known to many as "dirty, dangerous, and degrading" or "3-D jobs," include working in garment factories, fisheries, and sweatshops in which beating and modern-day slavery are hardly uncommon.2 In 2005, Burmese migrant workers comprised 80% of all migrant workers in Thailand.3 Yet by 2009, Burmese migrant workers earned less than half of Thailand’s legal minimum wage (133 baht per day).4 Given the dire conditions that Burmese migrant workers face in Thailand one might expect the Thai government to step in and enforce national worker protection standards.5 Yet while the Thai Royal Government has established a number of registration processes in order to provide a path to legalization and protection under national law for migrant workers, these processes are poorly designed, feebly administered, and rarely implemented.6 In the aftermath of the 2008 economic downturn and with the appreciation of the kyat in comparison to the baht, Burmese migrant workers may begin to face even harsher working conditions, lower wages, and higher pressures to join the "3-D job market." Burmese migrant workers’ children fare no better than their parents in Thailand, as educationcontinues to remain limited to them..."
Language: English
Source/publisher: "LawKa PaLa - Legal Journal on Burma" - No. 33 (August 2009) - Burma Lawyers' Council (BLC)
Format/size: pdf (100K)
Date of entry/update: 11 June 2018


Title: New Era for the Rule of Law: Economic Development and the Rule of Law in Burma (Myanmar)
Date of publication: August 2009
Description/subject: "Burma, my country, has proved that political stability is essential for economic development as well as that the lack of the rule of law will also create political instability. For genuine democracy and sustainable economic development to exist in Burma once there has been a successful transition of power from the military regime to the democratic opposition, an understanding and respect for judicial independence will be the corner stone for a new democratic society governed by the rule of law. Unfortunately, the rule of law is in dire straits in Burma today..."
Language: English
Source/publisher: "LawKa PaLa - Legal Journal on Burma" - No. 33 (August 2009) - Burma Lawyers' Council (BLC)
Format/size: pdf (70K)
Date of entry/update: 11 June 2018


Title: Seminar on Criminal Accountability in Burma: “Advancing Human Rights and Ending Impunity in Burma: Which External Leverages?”
Date of publication: August 2009
Description/subject: "The Burma Lawyers’ Council (BLC) and International Federation for Human Rights (FIDH) organized a seminar on Advancing Human Rights and Ending Impunity in Burma for key Burmese and international organizations from 4-5 May, 2009 in Bangkok, Thailand..."
Language: English
Source/publisher: "LawKa PaLa - Legal Journal on Burma" - No. 33 (August 2009) - Burma Lawyers' Council (BLC)
Format/size: pdf (42K)
Date of entry/update: 09 June 2018


Title: Trial of Daw Aung San Su Kyi
Date of publication: August 2009
Description/subject: "Burma’s leader Daw Aung San Su Kyi was first put under house arrest 20 years ago. In 1990, 19 years ago, her National League for Democracy (NLD) swept the last elections winning over 87.69 % of the seats it had contested, or 392 out of 447 seats. Other ethnic parties were sympathetic to the NLD won 65 seats taking the tally to 485 out of a total of 492 constituencies. The highlight of the election was that it was held by SLORC, State Law & Order Restoration Council that is the military government at that time which had seized power in a Coup. Also it had set up its stooge party to contest the election .The result of the election was a clear repudiation of the military rule. Instead of governing the country whose people had given her party an overwhelming mandate, she had been under virtual detention for last two decades. This was done under its own law, The State Protection Law. It enables detention for a period of 5 years. But from that time on detention was extended in violation of its own law as she was considered a threat to the State..."
Language: English
Source/publisher: "LawKa PaLa - Legal Journal on Burma" - No. 33 (August 2009) - Burma Lawyers' Council (BLC)
Format/size: pdf (59K)
Date of entry/update: 09 June 2018


Title: UN ACTION ON BURMA
Date of publication: 24 July 2009
Description/subject: "Dear Mr Secretary-General, We, Burmese democratic and human rights activists in Europe, welcome the leadership you have shown during your recent visit to Burma. We express our appreciation for your long-standing support to improvement of human-rights and humanitarian situations in Burma, and are grateful to you for strongly conveying of the messages of the international community to Burmese military regime..."
Language: English
Source/publisher: "LawKa PaLa - Legal Journal on Burma" - No. 33 (August 2009) - Burma Lawyers' Council (BLC)
Format/size: pdf (188K)
Date of entry/update: 09 June 2018


Title: BLC and GJC's open letter to UN Secretary General Ban Ki-moon
Date of publication: 01 July 2009
Description/subject: "Dear Secretary General Ban Ki-moon: Your upcoming visit to Myanmar is a historic opportunity to underscore to Senior General Than Shwe the utmost seriousness with which the United Nations regards Myanmar’s failure to address violations of international humanitarian law. You should make clear that ending impunity is necessary to ensure the maintenance of peace and security..."
Language: English
Source/publisher: "LawKa PaLa - Legal Journal on Burma" - No. 33 (August 2009) - Burma Lawyers' Council (BLC)
Format/size: pdf (74K)
Date of entry/update: 09 June 2018


Title: Impunity No More
Date of publication: 01 July 2009
Description/subject: "THE HAGUE — In 1998, more than 100 states adopted the Rome Statute to end impunity for those crimes that we had thought, over and over, would never happen again, only to see them occur, again and again: genocide, crimes against humanity and war crimes. The states accepted their shared duty to punish massive atrocities and created a new actor, a judicial actor, on the international scene: a permanent International Criminal Court, which would step in when national courts failed to act..."
Language: English
Source/publisher: "LawKa PaLa - Legal Journal on Burma" - No. 33 (August 2009) - Burma Lawyers' Council (BLC)
Format/size: pdf (49K)
Date of entry/update: 09 June 2018


Title: 13th Conference of the Forum of Burmese in Europe
Date of publication: 21 June 2009
Description/subject: "13th FBE conference rejects the SPDC military regime's 2008 constitution, which strengthens the military rule and the military dictatorship in Burma and which provides self-amnesty to SLORC/SPDC authorities, who have committed international crimes. 13th FBE conference rejects the 2010 election, which will implement 2008 Constitution. 13th FBE conference condemns the recent attack of Democratic Karen Buddhists Association (DKBA) to KNU, with the background support of the SPDC, which will lead to ethnic cleansing..."
Language: English
Source/publisher: "LawKa PaLa - Legal Journal on Burma" - No. 35 (April 2010) - Burma Lawyers' Council (BLC)
Format/size: pdf (171K)
Date of entry/update: 09 June 2018


Title: End Burma’s System of Impunity
Date of publication: 27 May 2009
Description/subject: "SAO PAULO, BRAZIL — The Nobel Peace Prize laureate, Daw Aung San Suu Kyi, has spent 13 years under house arrest in Myanmar. This week, the Burmese junta is likely to extend her detention for up to five years under the trumped-up charge of allowing a visitor into her compound. During eight years as United Nations Special Rapporteur on Myanmar, I repeatedly called on the Burmese junta to release Mrs. Aung San Suu Kyi and Burma’s 2,100 other political prisoners, to no avail. It is imperative that she be released immediately for the country’s process of reconciliation to move forward..."
Language: English
Source/publisher: "LawKa PaLa - Legal Journal on Burma" - No. 33 (August 2009) - Burma Lawyers' Council (BLC)
Format/size: pdf (44K)
Date of entry/update: 09 June 2018


Title: BURMA LAWYERS’ COUNCIL PROGRESS REPORT ON PEACE LAW ACADEMY
Date of publication: May 2009
Description/subject: "The Advanced Internship Program in Human Rights and Law of Peace Law Academy was officially opened on 12 February 2009. The Program is a two year diploma course; after completion of the course, the successful interns will be awarded a “Diploma in Law” certificate. The opening ceremony of the Peace Law Academy was attended by 25 interns of different ethnic nationalities who passed the written and the oral examinations conducted by the Executive Board members of BLC.The Advanced Internship Program in Human Rights and Law of Peace Law Academy was officially opened on 12 February 2009. The Program is a two year diploma course; after completion of the course, the successful interns will be awarded a “Diploma in Law” certificate. The opening ceremony of the Peace Law Academy was attended by 25 interns of different ethnic nationalities who passed the written and the oral examinations conducted by the Executive Board members of BLC..."
Language: English
Source/publisher: "LawKa PaLa - Legal Journal on Burma" - No. 33 (August 2009) - Burma Lawyers' Council (BLC)
Format/size: pdf (700K)
Date of entry/update: 11 June 2018


Title: Statement on the SPDC Government Ministries’ Offenses Relating to Elections
Date of publication: 20 April 2009
Description/subject: "SPDC Foreign Minister U Nyan Win traveled to villages in eastern Zegon Township, Bago Division, where he distributed cash to villagers in exchange for them voting in his favor as a parliamentary representative in the 2010 elections.12) Rangoon Mayor Brigadier General Aung Thein Lin distributed funds to citizens living in the countryside in exchange for their votes for him in the 2010 elections. The money with which he bribed them was taken from Rangoon municipal funds..."
Language: English
Source/publisher: "LawKa PaLa - Legal Journal on Burma" - No. 32 (April 2009) - Burma Lawyers' Council (BLC)
Format/size: pdf (146K)
Date of entry/update: 11 June 2018


Title: Statement on the Unlawful Confiscation of Land in Burma
Date of publication: 08 April 2009
Description/subject: "In all areas of Burma, military officials, authorized persons and their respective families forcefully occupy buildings and land used by citizens, in most cases farmers, of Burma. In most cases, the land is confiscated and sold for a profit with no compensation to the inhabitants who have been evicted. Moreover, those evicted are in no way assisted and are rendered homeless (Naw Say Phaw, DVB, 28.01.09)..."
Language: English
Source/publisher: "LawKa PaLa - Legal Journal on Burma" - No. 32 (April 2009) - Burma Lawyers' Council (BLC)
Format/size: pdf (146K)
Date of entry/update: 11 June 2018


Title: Analysis of the SPDC Constitution from the Perspective of Ethnic Nationalities
Date of publication: April 2009
Description/subject: "A monarchy ruled Burma for centuries with various nationalities living under the nominal suzerainty of the kings who were of Barman nationality. The ethnic nationalities lived in a self-governance system under the control of their nobles and lords known as Swabs, Dumas, etc. They wielded power over their people and were virtually sovereign. The British then came and ruled Burma. They made Burma distinctly British. The Federation of States (frontier areas) was constituted from among the ethnic nationalities such as Shan, Kachin, Chin, and Karen. Burmans were the major ethnic nationality and they formed British Burma. Under colonial rule, the division between the majority nationality and the others widened, harpened and took the form of nationalism. On the eve of Independence, there was great danger that the country would be partitioned like India and several sovereign States would emerge on the assertion of their right to self-determination..."
Language: English
Source/publisher: "LawKa PaLa - Legal Journal on Burma" - No. 32 (April 2009) - Burma Lawyers' Council (BLC)
Format/size: pdf (325K)
Date of entry/update: 12 June 2018


Title: Burma's Judiciary What changes will be required to create a new system?
Date of publication: April 2009
Description/subject: "In order to promote human rights with the background of the Rule of Law, the role of the judiciary, as a rights protection mechanism, is of pivotal importance. During transition periods from the rule of dictators to new democracies, people as well as civil society organizations usually attempt to use their respective judiciaries to protect their own basic rights and facilitate gradual changes in society. It was the case for the Philippines, Indonesia, Cambodia and particularly South Korea. Currently, the judiciary in Thailand, despite its controversial status, has been playing an instrumental role in checking the power of the government while protecting the rights of individual citizens. The role of the judiciary should not be underestimated in any effort to bring about gradual changes in a society toward a peaceful, just, free and developed one, including in the development and strengthening of civil society..."
Language: English
Source/publisher: "LawKa PaLa - Legal Journal on Burma" - No. 32 (April 2009) - Burma Lawyers' Council (BLC)
Format/size: pdf (308K)
Date of entry/update: 11 June 2018


Title: Excerpt from Paper on the National Convention’s Principles for a Constitution (Part 2)
Date of publication: April 2009
Description/subject: "Power-sharing in the union government will go some distance toward giving the minorities a stake in the system, but it is not enough: the constitution must also decentralize power to Burma’s states. If the ethnic minorities as a group have power in the capital, then they will be able to participate in national level decisions, but those decisions will still be made by the nation as a whole for local communities that each has its own range of cultures, traditions, styles of government, languages, and religions. When the constitution decentralizes power to the states, then each state may make decisions for itself over those things that matter most to it. When States have influence only by working through the Union government, then they have power only when they can persuade the rest of the Union government to go along with them. If they cannot do so, then they will feel oppressed when national policy trammels on their particular values and life-ways. In other words, power-sharing at the center is not an adequate substitute for local self determination..."
Language: English
Source/publisher: "LawKa PaLa - Legal Journal on Burma" - No. 32 (April 2009) - Burma Lawyers' Council (BLC)
Format/size: pdf (333K)
Date of entry/update: 12 June 2018


Title: Housing, Land and Property Rights in Burma: Towards New Strategies
Date of publication: April 2009
Description/subject: "One day, the much maligned military machine in Burma will give way to new ways of governing this truly extraordinary country. In a nation where good news is rarely forthcoming, there is at least some solace in knowing that perhaps that most quintessential of all Buddhist truths - impermanence - applies as much to dominant political regimes as it does to everything else. No government lasts forever, and clearly there will come a time when the Generals now ruling Burma will no longer be in power, and when more open forms of governance will begin to take root in this nation of over 50 million rights-holders. Of this we can be certain. What remains unknown, of course, are the questions of when and even more vitally, how? What might have appeared to have been the when moment in September 2007, quickly became yet another Oh no, not again refrain as it became clear that Than Shwe and his backers were as far as ever from relinquishing power. The human tragedies and gross ineptitude shown following Cyclone Nargis provided a stage for additional expectations that structural change might be near, but this too failed to materialise..."
Author/creator: Scott Leckie
Language: English
Source/publisher: "LawKa PaLa - Legal Journal on Burma" - No. 32 (April 2009) - Burma Lawyers' Council (BLC)
Format/size: pdf (290K)
Date of entry/update: 11 June 2018


Title: Statement on the Abolishment of the Union Solidarity and Development Association
Date of publication: April 2009
Description/subject: "We, the Burma Lawyers' Council demand that the State Peace and Development Council immediately abolish the Union Solidarity and Development Association due to its ambitions to transform into a political party in contravention to Myanmar's domestic laws..."
Language: English
Source/publisher: "LawKa PaLa - Legal Journal on Burma" - No. 32 (April 2009) - Burma Lawyers' Council (BLC)
Format/size: pdf (148K)
Date of entry/update: 11 June 2018


Title: Statement on Unlawful Imprisonment of Lawyers Sentenced under 1926 Contempt of Courts Act
Date of publication: April 2009
Description/subject: "Experienced lawyers U Aung Thein and U Khin Maung Shein were sentenced to four months imprisonment, and junior lawyers U Nyi Nyi Htway and U Saw Kyaw Kyaw Min to six months imprisonment under the antiquated 1926 Contempt of Courts Act, Section 3 (India Act XII, 1926)1 for fulfilling their duties as lawyers. Their convictions were clearly politically motivated to intimidate other lawyers from defending political activists and as revenge for the lawyers’ dedication to seeking justice for their political activist clients. The Contempt of Courts Act, Section 3 (India Act XII, 1926) has only been applied once in the past 22 years. During the case of Daw Aye Kyi v. U Win Thaung, et al., Criminal General Applicant No. 122 (1986), a reporter wrote and published an article regarding the facts, allegations, and likely decision of the case. As this article was published before the judge had rendered a verdict, it influenced public opinion, and in the judge’s opinion, disturbed the judicial process. Because the damage to public opinion could not be retracted, the judge charged the reporter under Section 3 of the Contempt of Courts Act and ordered him to pay a fine of 500 Kyats or serve one month in prison without hard labor..."
Language: English
Source/publisher: "LawKa PaLa - Legal Journal on Burma" - No. 32 (April 2009) - Burma Lawyers' Council (BLC)
Format/size: pdf (198K)
Date of entry/update: 11 June 2018


Title: Report Calls For Burma's Leaders to be Investigated for Human Rights Abuses Over Nargis Response
Date of publication: 27 February 2009
Description/subject: "Bangkok, Thailand (27 February 2009) – Burma's ruling State Peace and Development Council (SPDC) should be referred by the United Nations Security Council for investigation by the International Criminal Court for its human rights abuses in the wake of Cyclone Nargis last year, the first independent report assessing the response to the disaster says..."
Language: English
Source/publisher: "LawKa PaLa - Legal Journal on Burma" - No. 32 (April 2009) - Burma Lawyers' Council (BLC)
Format/size: pdf (196K)
Date of entry/update: 12 June 2018


Title: Opening Ceremony of Advanced Internship Program in Human Rights and Law
Date of publication: 12 February 2009
Description/subject: "On 12 February 2009, the Burma Lawyers’ Council held an Opening Ceremony for its second batch of students in the Advanced Internship Program in Human Rights and Law. The Advanced Internship Program is a two-year program focused on educating activist youth in law and related subjects. It is part of the BLC’s Peace Law Academy, established in 2005. There are twenty-five students in this year’s class, thirteen women and twelve men. They represent eleven different ethnic groups and are affiliated with several democratic organizations, both inside Burma and in exile..."
Language: English
Source/publisher: "LawKa PaLa - Legal Journal on Burma" - No. 32 (April 2009) - Burma Lawyers' Council (BLC)
Format/size: pdf (707K)
Date of entry/update: 11 June 2018


Title: Statement on Issuance of Passports to Burmese Migrant Workers under an Agreement between Thailand and Burma
Date of publication: 04 February 2009
Description/subject: "On 1 September 2008, the Thailand Department of Employment released an official statement that the Burmese government has agreed to work with the Thai government to issue passports for Burmese migrant workers from September 2008 until February 2009. Thai employers must submit the names of their Burmese workers to the Thailand Ministry of Labour through the administrative offices of the applicable provinces. These lists of Burmese workers will be forwarded to the Burmese Embassy. The Burmese government will then determine which applicants are Burmese citizens eligible to receive a passport..."
Language: English
Source/publisher: "LawKa PaLa - Legal Journal on Burma" - No. 32 (April 2009) - Burma Lawyers' Council (BLC)
Format/size: pdf (109K)
Date of entry/update: 11 June 2018


Title: Legal Statement on the Sentencing and Miscarriage of Ma Kay Thi Aung in Oh Bo Jail, Mandalay Division
Date of publication: 27 January 2009
Description/subject: "Ma Kay Thi Aung was arrested on 14 September 2008 at 1:00 p.m. The police entered her house intending to arrest her husband, All Burma Federation of Students Unions leader Ko Htun Htun, who had fled beforehand. When they could not find him, the police arrested Ma Kay Thi Aung instead. At the time, she was two-months pregnant. The police have been using her as a hostage by conditioning her release on her husband’s surrender..."
Language: English
Source/publisher: "LawKa PaLa - Legal Journal on Burma" - No. 32 (April 2009) - Burma Lawyers' Council (BLC)
Format/size: pdf (213K)
Date of entry/update: 11 June 2018


Title: Burma Lawyers’ Council Statement on the Failure of the 2008 SPDC Constitution to Protect Judicial Independence
Date of publication: 04 December 2008
Description/subject: "The independence of Thailand’s judiciary was on display Tuesday when the Thai Constitutional Court unanimously ordered the People Power Party to disband due to vote-buying. Dozens of the PPP's executive members, including Prime Minister Somchai Wongsawat, were also found guilty of personal involvement and banned from politics for five years. Despite great pressure from pro-government supporters who surrounded the courthouse, the judges remained independent of the ruling party. The ruling by the court has generally been accepted by the disputing parties and the people of Thailand. Mr. Somchai himself acknowledged the court’s verdict, saying he was now "an ordinary citizen". This respect for the court’s decision is only possible because of the independent, objective, and impartial nature of Thailand’s judiciary..."
Language: English
Source/publisher: "LawKa PaLa - Legal Journal on Burma" - No. 32 (April 2009) - Burma Lawyers' Council (BLC)
Format/size: pdf (179K)
Date of entry/update: 12 June 2018


Title: A Discussion of Five Burmese Cases from the Perspective of the Rule of Law
Date of publication: December 2008
Description/subject: "Throughout its twenty-year tenure, the State Law and Order Restoration Council (SLORC)/State Peace and Development Council (SPDC) has demonstrated a consistent contempt for the rule of law. Any analysis of the junta’s violation of this abstract principle cannot be considered complete without its application to concrete fact. The cases of Honey Oo, Ko Thiha, Ma Thanda, Htin Kyaw and U Ohn Than, reviewed in the context of domestic law and procedure, as well as international legal principles, will help illustrate how the Burmese regime’s disrespect for the rule of law is manifest in government action..."
Language: English
Source/publisher: "LawKa PaLa - Legal Journal on Burma" - No. 31 (December 2008) - Burma Lawyers' Council (BLC)
Format/size: pdf (363K)
Date of entry/update: 12 June 2018


Title: A Legal Analysis on the Plight of Ethnic Nationalities in Burma
Date of publication: December 2008
Description/subject: "Burma is composed of various ethnic nationalities, including the majority Burman people. The situation of the non-Burman ethnic nationalities has been an underlying political and legal question in Burma for hundreds of years. The successive ruling military juntas in Burma manipulated this issue to prolong their rule for almost five decades..."
Author/creator: Aung Htoo
Language: English
Source/publisher: "LawKa PaLa - Legal Journal on Burma" - No. 31 (December 2008) - Burma Lawyers' Council (BLC)
Format/size: pdf (558K)
Date of entry/update: 12 June 2018


Title: BLC Collaborates with Democratic Voice of Burma to Film Television Program on Legal Topics
Date of publication: December 2008
Description/subject: "From November 11 – 12, the Burma Lawyers’ Council (BLC), Democratic Voice of Burma (DVB), Palaung Youth Network Group (PYNG) and All Arakan Student and Youth Congress (ASYC) collaborated to create a television program entitled “Rule of Law Discussion”. The program, which consisted of three parts on constitutional matters and three on rule of law, will be broadcast in 2009 inside Burma. The BLC is the first organization to take advantage of the power of television inside Burma to educate viewers on legal issues..."
Language: English
Source/publisher: "LawKa PaLa - Legal Journal on Burma" - No. 31 (December 2008) - Burma Lawyers' Council (BLC)
Format/size: pdf (662K)
Date of entry/update: 12 June 2018


Title: BLC Supports the UN Credentials Challenge and Urges United Opposition to the SPDC Roadmap
Date of publication: December 2008
Description/subject: "On 9 September 2008, Members of Parliament Union, National Council of the Union of Burma and International Burmese Monks Association submitted a petition to the United Nations challenging the right of the State Peace and Development Council (SPDC) to represent Burma in the UN General Assembly. If successful, the challenge could replace the SPDC representatives at the UN with democratically elected representatives of MPU..."
Language: English
Source/publisher: "LawKa PaLa - Legal Journal on Burma" - No. 31 (December 2008) - Burma Lawyers' Council (BLC)
Format/size: pdf (210K)
Date of entry/update: 12 June 2018


Title: Burma Lawyers’ Council Challenges Unlawful Detention by the SPDC Judiciary, Attorney General and Police Force in the Case of Min Ko Naing and 21 Other Democracy Leaders
Date of publication: December 2008
Description/subject: "Throughout the summer of 2007, the price of general commodities was soaring in conjunction with the military government’s increase in fuel prices. This had a disproportionately large effect on ordinary people in Burma, who earn less than a dollar per day. In August of 2007, Min Ko Naing, Ko Ko Gyi, Ko Pyone Cho, Jimmy, Htay Kywe, Mya Aye, Pannait Tun, Kyaw Kyaw Htwe, and Min Zeya, all leaders of the ’88 generation uprising, protested by marching from Shwe Gone Daing Traffic Point to Tarmwe Market..."
Language: English
Source/publisher: "LawKa PaLa - Legal Journal on Burma" - No. 31 (December 2008) - Burma Lawyers' Council (BLC)
Format/size: pdf (206K)
Date of entry/update: 12 June 2018


Title: Burmese Lawyers Sent to Prison for Demanding Fair Trials
Date of publication: December 2008
Description/subject: "For the first time in Burmese history, political detainees and their lawyers are fighting for fair trials, including the right to control defense witness lists, hold private attorney-client meetings and have a trial open to the public. This article describes the courageous struggles, at great personal risk, of some of these lawyers fighting for justice inside Burma..."
Language: English
Source/publisher: "LawKa PaLa - Legal Journal on Burma" - No. 31 (December 2008) - Burma Lawyers' Council (BLC)
Format/size: pdf (223K)
Date of entry/update: 12 June 2018


Title: Dictators Cannot Bury Democracy
Date of publication: December 2008
Description/subject: "Burma appears to be calm and in a vicious cycle. The military crack-down on Buddhist monks, the devastation caused by Cyclone Nargis, the refusal of the junta to accept humanitarian assistance in the face of millions of deaths, the systematic violation of human rights for decades, the brute force used in refusing to restore democracy in terms of the mandate of 1990 Election - all these tragedies seem to have never happened. The desperate attempt to earn respectability and legitimacy continues. Unfurling a Constitution defying all norms and making a show of acceptance in an equally fraudulent referendum were only signs of the junta's bankruptcy. The junta is running out of options. Fixing 2010 as the time to hold elections is the last card. The day of democratic reckoning is inevitable..."
Author/creator: B.K. Sen
Language: English
Source/publisher: "LawKa PaLa - Legal Journal on Burma" - No. 32 (April 2009) - Burma Lawyers' Council (BLC)
Format/size: pdf (128K)
Date of entry/update: 12 June 2018


Title: Momentum Building for Criminal Accountability Campaign
Date of publication: December 2008
Description/subject: "For decades, the people of Burma have suffered extreme oppression under the rule of the military regime, the State Peace and Development Council (SPDC). The most horrific of the regime's acts, such as murder, rape, and torture, have been widespread and part of government policy. They are not merely human rights violations; rather they are crimes against humanity and war crimes that must be brought to justice..."
Language: English
Source/publisher: "LawKa PaLa - Legal Journal on Burma" - No. 31 (December 2008) - Burma Lawyers' Council (BLC)
Format/size: pdf (201K)
Date of entry/update: 12 June 2018


Title: The International Criminal Court's Indictment of the Sudanese President for Genocide in Darfur and its Relevance to Burma
Date of publication: December 2008
Description/subject: "Burma is a country that has been under military rule for decades. Human rights violations, crimes against humanity and systematic aggression against ethnic minorities have been widespread. Those who have been fighting for change, political reform and good governance have been thrown in prison. Inhuman conditions prevail in prisons and selective torture is carried out. To hold the perpetrators accountable is not an easy matter. The Darfur example shows the challenges that the activists of Burma will confront in their pursuit to realize transitional justice..."
Author/creator: B.K. Sen
Language: English
Source/publisher: "LawKa PaLa - Legal Journal on Burma" - No. 31 (December 2008) - Burma Lawyers' Council (BLC)
Format/size: pdf (168K)
Date of entry/update: 12 June 2018


Title: Victims, Representation, Remedies, Legal Status, and Accountability: Key Legal Questions and Concerns Raised by the Suffocation of 54 Burmese Migrant Workers in Ranong Province, Thailand
Date of publication: December 2008
Description/subject: "The suffocation of 54 Burmese migrant workers in the back of a truck while being transported to work in Phuket is both horrific and yet sadly indicative of systemic problems plaguing migrant laborers in Thailand. Without major reform of the ways in which Thai society interacts with Burmese migrant workers, incidents such as this will certainly continue to occur. Among the many systemic problems underlying the tragedy, 5 key concerns are (1) the tendency to treat the migrant victims as criminal violators of immigration law rather than as victims of tragic crime, (2) the inadequate representation of victims throughout the process, (3) the inadequacy of the remedies available to the injured victims, (4) the impact of Thai migrant labor laws on the tragedy, and (5) the problem of adequate criminal prosecution in the transnational context..."
Language: English
Source/publisher: "LawKa PaLa - Legal Journal on Burma" - No. 31 (December 2008) - Burma Lawyers' Council (BLC)
Format/size: pdf (580K)
Date of entry/update: 12 June 2018


Title: LAWASIA CONCERNED ABOUT RECENT ARRESTS AND CONVICTION OF MYANMAR LAWYERS.
Date of publication: 21 November 2008
Description/subject: "LAWASIA expresses serious concern about the recent arrest and conviction of lawyers in Myanmar as they attempt to perform their professional duties as lawyers. It understands that U Nyi Nyi Htwe and Saw Kyaw Kyaw Min, lawyers for 11 NLD youth members charged with instigating public unrest, were recently charged under Section 228 of the Penal Code and subsequently convicted each receiving sentences of six months in prison. LAWASIA understands that the arrests followed the submission of a complaint to the courts, by the lawyers and defendants, noting concern that the lawyers had been unable to meet with their clients private as they prepared for trial, not been allowed sufficient time by the trial judge to cross-examine prosecution witnesses and that the defendants’ family members had been prevented from attending their trials. LAWASIA is further advised that two lawyers, U Aung Thein and U Khin Maung Shein, were recently charged and convicted under the Contempt of Courts Act and sentenced to four months in prison. It is understood that this followed the action of U Aung Thein and U Khin Maung Shein informing the court of the decision of their clients, several student leaders and activists, to revoke power of attorney to the lawyers in protest of what they felt what unsatisfactory action from the courts..."
Language: English
Source/publisher: "LawKa PaLa - Legal Journal on Burma" - No. 31 (December 2008) - Burma Lawyers' Council (BLC)
Format/size: pdf (135K)
Date of entry/update: 12 June 2018


Title: Unlawful Convictions of Burmese Political Prisoners are Crimes Against Humanity – U.N. Security Council Should Refer Burma to the International Criminal Court
Date of publication: 19 November 2008
Description/subject: "Certain judges in Burma, acting under the orders of Chief Justice U Aung Toe and Senior General Than Shwe, are themselves criminally liable as coconspirators to crimes against humanity for their acts in "trying" and "convicting" 60 political activists last week. "These acts are the latest from the junta which uses the judiciary as one of its key weapons to commit grave crimes," says Global Justice Center President Janet Benshoof. Judges including those listed below are criminally culpable and must be referred to the International Criminal Court..."
Language: English
Source/publisher: "LawKa PaLa - Legal Journal on Burma" - No. 31 (December 2008) - Burma Lawyers' Council (BLC)
Format/size: pdf (165K)
Date of entry/update: 12 June 2018


Title: BLC Lawyers and Staff Provide Legal Training to Karenni Refugees
Date of publication: 08 November 2008
Description/subject: "From November 6 – 8, the BLC offered training on fair trial, criminal law, criminal procedure and administrative matters to Karenni refugees in Karenni Camp, Lansue Village, Mae Hong Song District, Thailand. The training was in response to a request by the Karenni Camp Committee, which was notified by Thai authorities that they could implement their own justice system so long as it was consistent with Thai laws..."
Language: English
Source/publisher: "LawKa PaLa - Legal Journal on Burma" - No. 31 (December 2008) - Burma Lawyers' Council (BLC)
Format/size: pdf (642K)
Date of entry/update: 12 June 2018


Title: Conclusive Recommendations of the General Secretary of the Burma Lawyers'Council at the 21st Conference of LawAsia
Date of publication: 01 November 2008
Description/subject: "On October 14, 2007, the Chairperson of ASEAN, the Singapore Foreign Minister, raised the issue of stability in Burma, mentioning his concern with anarchism, with reference to the existence of various ethnic armed organizations in Burma, seemingly supporting the military might of the SPDC army..."
Language: English
Source/publisher: "LawKa PaLa - Legal Journal on Burma" - No. 31 (December 2008) - Burma Lawyers' Council (BLC)
Format/size: pdf (4.1MB)
Date of entry/update: 12 June 2018


Title: Struggle of Democracy Activists and Lawyers in Burma to Achieve Fair Trial Rights and Justice During Unjust Court Proceedings
Date of publication: 24 October 2008
Description/subject: "The trial took place at the Northern District Court presided over by two judges. The layout of the court had been changed. About 30 uniformed policemen were seated behind the area reserved for the ‘88 students, not on either side of the students as usual (the policewomen were dressed in civilian clothes). Four trucks loaded with policemen bearing shields were placed around the court. Fifteen minutes later, the ‘88 students appeared in the court..."
Language: English
Source/publisher: "LawKa PaLa - Legal Journal on Burma" - No. 31 (December 2008) - Burma Lawyers' Council (BLC)
Format/size: pdf (309)
Date of entry/update: 12 June 2018


Title: International Lawyers Call for Criminal Accountability for Myanmar Regime
Date of publication: 27 September 2008
Description/subject: "The Burma Lawyers’ Council and the Global Justice Center urge the United Nations Security Council to take all actions necessary to stop the murders of innocent people in Burma and hold the military junta commanders criminally accountable. This includes authorizing peacekeeping forces and creating an independent commission of inquiry to investigate on-going crimes. Violence is a tool of the military junta, the State Peace and Development Council (SPDC), to retain control over the people of Burma who are prisoners, not citizens. The latest massacre in Burma must be the last, no more impunity for criminal actions such as the massacre of student protestors in 1988 and of supporters of pro-democracy leader Daw Aung San Sui Kyi in 2003 in Depayin. It is the obligation of the international community to stop the junta from using murder, torture, and rape as tools to maintain power. The Security Council has an obligation to act under its Chapter VII mandate to maintain international peace and security as well as UNSCR 1674 on the Responsibility to Protect, UNSCR1325 on Women, Peace and Security, and the Genocide Convention..."
Language: English
Source/publisher: "LawKa PaLa - Legal Journal on Burma" - No. 28 (December 2007) - Burma Lawyers' Council (BLC)
Format/size: pdf (74K)
Date of entry/update: 15 June 2018


Title: Activities conducted by the Burma Lawyers’ Council on SPDC Constitution and Referendum
Date of publication: August 2008
Description/subject: "In response to the SPDC’s announcement of the May 10 constitutional referendum, the Burma Lawyers’ Council undertook an intensive campaign to educate, prepare and energize eligible voters on why they should vote "no" to the constitution. This article summarizes some of the BLC’s primary activities..."
Language: English
Source/publisher: "LawKa PaLa - Legal Journal on Burma" - No. 30 (August 2008) - Burma Lawyers' Council (BLC)
Format/size: pdf (862K)
Date of entry/update: 13 June 2018


Title: Analysis of the Rome Statute and the Rules of Procedure and Evidence with Considerations and Recommendations for NGOs Involved in Evidence Gathering
Date of publication: August 2008
Description/subject: "Understanding these rules of evidence is far more important for prosecutors than for evidence gathering NGOs. Generally, NGOs should keep detailed records of information the prosecutor may find, and how and where the prosecutor may find it. However, NGOs should not usually record detailed witness testimony or remove physical evidence because NGO errors could stop prosecutors from being able to use a witness or evidence at trial. Instead, NGOs should focus on recording details of crimes into a database that the prosecutor can use to conduct an official investigation, and to help the prosecutor understand relevant local cultural issues..."
Language: English
Source/publisher: "LawKa PaLa - Legal Journal on Burma" - No. 30 (August 2008) - Burma Lawyers' Council (BLC)
Format/size: pdf (300K)
Date of entry/update: 13 June 2018


Title: Analysis of the SPDC's Constitution from the Perspective of Human Rights
Date of publication: August 2008
Author/creator: U Aung Htoo
Language: English
Source/publisher: "LawKa PaLa - Legal Journal on Burma" - No. 30 (August 2008) - Burma Lawyers' Council (BLC)
Format/size: pdf (261K)
Date of entry/update: 13 June 2018


Title: Burma Lawyers' Council Report on the Campaign for Criminal Accountability
Date of publication: August 2008
Description/subject: "This issue of the Lawka Pala focuses largely on criminal accountability. There is overwhelming evidence that under the military regime, the people of Burma have suffered from widespread and systematic atrocities. In September 2007, the Burma Lawyers’ Council (BLC) formally teamed up with U.S.-based Global Justice Center (GJC) to begin a campaign to hold perpetrators of these crimes responsible. Since then, many other organizations have endorsed the campaign and joined the BLC and GJC in calling for accountability. This brief report answers some of the most frequently asked questions about the Campaign..."
Language: English
Source/publisher: "LawKa PaLa - Legal Journal on Burma" - No. 30 (August 2008) - Burma Lawyers' Council (BLC)
Format/size: pdf (178K)
Date of entry/update: 13 June 2018


Title: Letter from United Nationalities Alliance on Political Situation in Burma
Date of publication: August 2008
Description/subject: "Your Excellency, We, United Nationalities Alliance (UNA), have the honor to present this letter of suggestions to help you work out for future political processes which comply with the mandates of the United Nations Organization and real desires of people of Burma/ Myanmar and international community. Our organization (UNA) is a coalition alliance of (12) ethnic nationalities political parties which have contested and won (67) seats altogether in 1990 general elections. The political objective of our organization (UNA) is to set up a genuine Federal Union in which democracy, equality, self-determination and human right are prevailed among all nationalities..."
Language: English
Source/publisher: "LawKa PaLa - Legal Journal on Burma" - No. 30 (August 2008) - Burma Lawyers' Council (BLC)
Format/size: pdf (160K)
Date of entry/update: 13 June 2018


Title: Responding to the Human Rights Situation in Burma: A UN Framework for Non-Forcible Measures
Date of publication: August 2008
Description/subject: "The United Nations, among whose proclaimed objectives is the universal promotion of human rights,1 has long endeavored to address gross and systematic violations of the same by Burma’s ruling military regime. After years of valiant but mostly futile UN efforts to improve the overall situation for human rights in Burma, hopes were raised in September 2006, when the issue of human rights and democracy was for the first time placed on the agenda of the Security Council, a body invested with broad powers of enforcement. However, subsequent efforts to pass a Security Council resolution addressing human rights violations in Burma, though supported by a sizable majority of the Security Council’s members, was defeated by veto. Events in Burma since then, such as the violent suppression of the Saffron Revolution, the refusal at initial (and thus critical) stages of the deastation caused by Cyclone Nargis to permit international relief efforts and the extension of Aung San Suu Kyi’s detention, have added urgency to the need for an effective international response to the human rights situation in the country..."
Language: English
Source/publisher: "LawKa PaLa - Legal Journal on Burma" - No. 30 (August 2008) - Burma Lawyers' Council (BLC)
Format/size: pdf (388K)
Date of entry/update: 13 June 2018


Title: Response to Kyaw Ye Min regarding the Extension of Daw Aung San Suu Kyi’s Detention
Date of publication: August 2008
Description/subject: "On 11 June, the state-run New Light of Myanmar published an editorial by Kyaw Ye Min, defending the SPDC’s continued detention of Daw Aung San Suu Kyi. Min, however, should be viewed as a mouthpiece of the regime, and his editorial must be interpreted as a policy statement from the SPDC itself. The proper media for such a message is a government office such as the Attorney General’s Office and not the New Light of Myanmar. The argument insists that Daw Suu’s six-year-old house arrest is the proper application of a valid and just law. With dangerously flawed reasoning, the regime indicates that any law is defensible so long as it serves the good of the nation. Using a disturbing comprehension of legal principles, the SPDC then attempts to show that Daw Suu’s house arrest follows the 1975 Law to Safeguard the State Against the Dangers of Those Desiring to Cause Subversive Acts (also called the 1975 State Protection Act or simply the Act) to the letter. Curiously, the argument concludes by pointing to controversial and widely condemned legislation elsewhere as proof that the SPDC is following the example of other jurisdictions. The following is a rebuttal to the New Light of Myanmar editorial that wholeheartedly condemns both the Act itself and the illegal restriction of Daw Suu’s liberty..."
Language: English
Source/publisher: "LawKa PaLa - Legal Journal on Burma" - No. 30 (August 2008) - Burma Lawyers' Council (BLC)
Format/size: pdf (244K)
Date of entry/update: 13 June 2018


Title: The Junta's Criminal Constitution
Date of publication: August 2008
Description/subject: "Burma’s military dictators now say Nobel laureate Aung San Suu Kyi, under house arrest or in prison for 12 of the past 18 years, can cast her vote in the May 10 constitutional referendum—a bitter irony if ever there was one. Ms. Suu Kyi and her National League for Democracy are calling on voters to reject the military-backed constitution, calling it “undemocrat ic.” Meanwhile, the U.N. Security Council perpetuates the charade that the referendum is legitimate by asking the ruling junta to respect “fundamental political freedoms” at the polls..."
Author/creator: Janet Benshoof and U Aung Htoo
Language: English
Source/publisher: "LawKa PaLa - Legal Journal on Burma" - No. 30 (August 2008) - Burma Lawyers' Council (BLC)
Format/size: pdf (201K)
Date of entry/update: 13 June 2018


Title: In the Wake of Historic Resolution 1820 on Sexual Violence in Armed ConflictWomen of Burma and International Lawyers Call on the Security Council to Refer the Situation inBurma to the International Criminal Court
Date of publication: 20 June 2008
Description/subject: "The United Nations Security Council took a historic step with the passage of Resolution 1820 on Sexual Violence in Armed Conflict. Resolution 1820 recognizes the importance of full implementation of Resolution 1325 on women, peace and security and reaffirms the Security Council’s commitment to end sexual violence as a weapon of war and a means to terrorize populations and destroy communities. For this commitment to be meaningful, the Security Council must provide justice for victims of sexual violence in armed conflict even when it is not politically convenient..."
Language: English
Source/publisher: "LawKa PaLa - Legal Journal on Burma" - No. 30 (August 2008) - Burma Lawyers' Council (BLC)
Format/size: pdf (166K)
Date of entry/update: 13 June 2018


Title: Appeal to UN Secretary General to Take Immediate Action for the Release of Zagana
Date of publication: 05 June 2008
Description/subject: "To take immediate action for the release of comedian Za Ga Na and to propose that the Security Council refer the situation in Burma to the International Criminal Court..."
Author/creator: Aung Htoo
Language: English
Source/publisher: "LawKa PaLa - Legal Journal on Burma" - No. 30 (August 2008) - Burma Lawyers' Council (BLC)
Format/size: pdf (212K)
Date of entry/update: 13 June 2018


Title: Special Announcement on the Fifth Anniversary of the Depayin Massacre (30 May 2008) Burma Lawyers’ Council Urges the United Nations Security Council to Refer the Heinous Crimes in Burma to the International Criminal Court
Date of publication: 30 May 2008
Language: English
Source/publisher: "LawKa PaLa - Legal Journal on Burma" - No. 30 (August 2008) - Burma Lawyers' Council (BLC)
Format/size: pdf (122K)
Date of entry/update: 13 June 2018


Title: Daw Aung San Suu Kyi’s Detention Should Be Added to the List of the SPDC’s Crimes Against Humanity
Date of publication: 28 May 2008
Description/subject: "On May 27, the SPDC extended Daw Aung San Suu Kyi’s house arrest. She was originally detained in May 2003 pursuant to the 1975 State Protection Act, which has a maximum detention period of five years. The five-year period has expired and thus she must be released immediately. Continuing to detain her is a flagrant violation of the SPDC’s own law. Moreover, there is no other applicable Burmese law under which the SPDC can continue to hold her, such as the Penal Code, because she has not committed any crime..."
Language: English
Source/publisher: "LawKa PaLa - Legal Journal on Burma" - No. 30 (August 2008) - Burma Lawyers' Council (BLC)
Format/size: pdf (179K)
Date of entry/update: 13 June 2018


Title: EU RESOLUTION URGES UK TO USE PRESIDENCY OF THE SECURITY COUNCIL TO REFER BURMA TO THE INTERNATIONAL CRIMINAL COURT
Date of publication: 27 May 2008
Description/subject: "The United Kingdom should follow the recommendation of the Parliament of the European Union and use the presidency of the UN Security Council to press for justice and accountability for the people of Burma by referring Senior General Than Shwe and his military regime to the International Criminal Court. The denial of humanitarian aid to the victims of Cyclone Nargis should serve as a wake-up call to the international community to the brutality and indifference of a military regime that for four decades has systematically used torture, gang rape of ethnic women, slavery, murder, mass imprisonment, and child soldiers to consolidate its power..."
Language: English
Source/publisher: "LawKa PaLa - Legal Journal on Burma" - No. 30 (August 2008) - Burma Lawyers' Council (BLC)
Format/size: pdf (148K)
Date of entry/update: 13 June 2018


Title: Catastrophe in Burma a Wake Up Call to the International Community: Time to End Impunity for Heinous Crimes by the Military Regime
Date of publication: 22 May 2008
Description/subject: "Senior General Than Shwe’s denial of international humanitarian aid to the victims of Cyclone Nargis should come as no surprise to the international community. This negligence and refusal of access is part and parcel of the criminal nature of the regime and reflects their fear that the entire world will see first hand the results of decades of systematic human rights violations, crimes against humanity and war crimes. Today, the Parliament of the European Union made an important statement in the Joint Motion for Resolution on the tragic situation in Burma and recognized that those responsible for the crimes committed in Burma should be brought before the International Criminal Court. We applaud this step forward, however, any referral to the International Criminal Court must include the on-going use of torture, gang rape of ethnic women, forced labour, murder, mass imprisonment, and abduction of children to fill military quotas..."
Language: English
Source/publisher: "LawKa PaLa - Legal Journal on Burma" - No. 30 (August 2008) - Burma Lawyers' Council (BLC)
Format/size: pdf (166K)
Date of entry/update: 13 June 2018


Title: Dealing with Burma's Criminal Accountability Issue Trip Report of the BLC General Secretary to Australia and Japan (April 30 to May 16, 2008)
Date of publication: 16 May 2008
Description/subject: "With the invitations of the Joint Action Committees in Australia and Japan, I made trips there, as the General Secretary of the BLC. I was in Australia between April 30 and May 4 and in Japan between May 7 and May 15, 2008. Joint Action Committees are the political alliances of all Burmese democratic and ethnic organizations in their respective countries. The objective of their invitation was to gain knowledge on the constitution and referendum from the BLC. While sharing such knowledge in a series of meetings attended by the activists and political leaders from Burma in those countries, I took advantage to conduct advocacy on Burma's criminal accountability issue, with the objective of creating legal and political pressure on the UN Security Council for a possible referral of the situation of Burma to the International Criminal Court. This is my trip report..."
Language: English
Source/publisher: "LawKa PaLa - Legal Journal on Burma" - No. 30 (August 2008) - Burma Lawyers' Council (BLC)
Format/size: pdf (787K)
Date of entry/update: 13 June 2018


Title: INTERNATIONAL LAWYERS DENOUNCE ATTEMPT BY MYANMAR REGIME TO GIVE THEMSELVES IMMUNITY FROM CRIMINAL PROSECUTIONS AND RENEW CALL FOR CRIMINAL INVESTIGATION
Date of publication: 14 April 2008
Description/subject: "The Myanmar regime, guilty of the most serious crimes of concern to the international community, has revealed that it is seeking to give itself constitutional immunity from prosecution for those crimes. The Burma Lawyers’ Council, the Global Justice Center and the Burma Justice Committee denounce this attempt by the regime to avoid accountability. The recently distributed final version of the Constitution being put to a “referendum” on May 10th, 2008 now includes in Chapter XIV “Transitory Provisions,” Article No. 445, stating, “No legal action shall be taken against those (either individuals or groups who are members of SLORC and SPDC) who officially carried out their duties according to their responsibilities.” This immunity is invalid under international law and cannot be accepted by the international community..."
Language: English
Source/publisher: "LawKa PaLa - Legal Journal on Burma" - No. 29 (April 2008) - Burma Lawyers' Council (BLC)
Format/size: pdf (64K)
Date of entry/update: 14 June 2018


Title: Letter to Chief Justices regarding U Aung Toe
Date of publication: 10 April 2008
Description/subject: "Dear Chief Justice Gleeson: This letter is to inform you that the Honorable U Aung Toe, Chief Justice of the Supreme Court of The Union of Myanmar (Burma), has violated the Statement of Principles of the Independence of the Judiciary that he signed with the Chief Justices of Asia and the Pacific on August 19, 1995 in Beijing, China. We, the Burma Lawyers’ Council, urge you to hold him accountable for his actions. Specifically, we ask you to call upon the Honorable U Aung Toe to resign from his post as the Chief Justice of the Supreme Court..."
Language: English
Source/publisher: "LawKa PaLa - Legal Journal on Burma" - No. 29 (April 2008) - Burma Lawyers' Council (BLC)
Format/size: pdf (63K)
Date of entry/update: 14 June 2018


Title: Letter to ILO regarding Migrant Worker Voting in Referendum
Date of publication: 10 April 2008
Language: English
Source/publisher: "LawKa PaLa - Legal Journal on Burma" - No. 29 (April 2008) - Burma Lawyers' Council (BLC)
Format/size: pdf (29K)
Date of entry/update: 14 June 2018


Title: Statement protesting the unlawful issuance by the SPDC of temporary national registration cards for voting in the referendum
Date of publication: 04 April 2008
Description/subject: "Casting a vote is a special right of a citizen. This right is clearly prescribed in Article 25 of the International Covenant on Civil and Political Rights. Government authorities have no right to permit unknown persons living inside Burma to vote. Under the 1974 National Referendum laws, only citizens of Burma could vote..."
Language: English
Source/publisher: "LawKa PaLa - Legal Journal on Burma" - No. 29 (April 2008) - Burma Lawyers' Council (BLC)
Format/size: pdf (24K)
Date of entry/update: 14 June 2018


Title: The Burma Lawyers’ Council demands that the SPDC officially announce and release their confirmed Draft of the Constitution
Date of publication: 01 April 2008
Description/subject: "Little more than one month remains before the referendum on the Constitution (Draft) of the Union of Burma, based on the principles adopted by the SPDC National Convention, is to be held in May 2008. The people will only be able to vote for or against the Constitution (Draft) after they have had an opportunity to study it. Thus, the SPDC has the duty to promptly distribute their Constitution (Draft) to the people..."
Language: English
Source/publisher: "LawKa PaLa - Legal Journal on Burma" - No. 29 (April 2008) - Burma Lawyers' Council (BLC)
Format/size: pdf (29K)
Date of entry/update: 14 June 2018


Title: A Brief Description of the Recent Work of the Legal Aid Section of the Burma Lawyers’ Council
Date of publication: April 2008
Description/subject: "Today, there are Burmese people who work in foreign countries with legal permission from the Burmese military junta, as well as those who leave the country and work illegally as migrant workers. Currently, as a result of Burma’s economic crisis, the rise in prices and the lack of work opportunities, the number of people who come to neighboring countries has been increasing. Especially in Thailand, people from Burma come regularly to work, where they are recorded as migrant workers. Regardless of how they arrive in Thailand, legally or illegally, they are migrant workers in Thailand. Burmese migrant workers are covered by international and Thai migrant worker laws, and thus should be protected by these laws. Therefore, the Burmese migrant workers need legal assistance to be able to work legally and get the protection of laws. To meet this need, the Legal Aid Section of Burma Lawyers’ Council is providing legal assistance to Burmese migrant workers..."
Language: English
Source/publisher: "LawKa PaLa - Legal Journal on Burma" - No. 29 (April 2008) - Burma Lawyers' Council (BLC)
Format/size: pdf (519K)
Date of entry/update: 14 June 2018


Title: Analysis on the status of the economic, social, cultural and environmental rights of people in Burma ( 2007 )
Date of publication: April 2008
Description/subject: "This report analyzes the extent to which the expansion of globalization and government policies have impacted the economic, social, cultural and environmental rights of the people in Burma and contributed to the increase in poverty. Due to corrupt and unqualified government administration, foreign companies that invested in Burma following the transition in 1988 to a market driven economy have destroyed people’s livelihoods, resulting in human rights abuses and poverty. This report also analyzes how the lack of government accountability, rule of law, freedom, transparency and security has caused human rights violations..."
Language: English
Source/publisher: "LawKa PaLa - Legal Journal on Burma" - No. 29 (April 2008) - Burma Lawyers' Council (BLC)
Format/size: pdf (106K)
Date of entry/update: 14 June 2018


Title: Graduation Ceremony of the Advanced Internship Program In Human Rights and Law
Date of publication: April 2008
Description/subject: "On 12 December 2007, the BLC held a graduation ceremony for the seventeen successful students of the 2006-2007 Advanced Internship Program in Human Rights and Law. Parents and relatives of the students, members of the Peace Law Academy Academic Board, leaders of political organizations on the Thai- Burma border area, members of the BLC Executive Board, invited guests and the staff of the BLC attended the ceremony to honor the program and the students..."
Language: English
Source/publisher: "LawKa PaLa - Legal Journal on Burma" - No. 29 (April 2008) - Burma Lawyers' Council (BLC)
Format/size: pdf (708K)
Date of entry/update: 14 June 2018


Title: MEMORANDUM OF UNDERSTANDING Between The Burma Lawyers’ Council & Network for Human Rights Documentation - Burma
Date of publication: April 2008
Description/subject: "This Memorandum of Understanding (MOU) is made through the cooperation of two organizations, the Burma Lawyers’ Council (BLC) and Network for Human Rights Documentation - Burma (ND-Burma). Our objective is to prevent human rights abuses, promote human rights and justice, and eliminate impunity for the crimes committed against the people of Burma, in particular children, women, and ethnic groups. We would also like to educate people on how to collect accurate and high-quality information. Furthermore, the people should understand how legal analysis is important when collecting data about human rights abuses. This MOU also aims to help the BLC and ND-Burma understand each other, the benefits of cooperation, and how to collaborate at individual and organizational levels..."
Author/creator: U Aung Htoo and U Tate Naing
Language: English
Source/publisher: "LawKa PaLa - Legal Journal on Burma" - No. 29 (April 2008) - Burma Lawyers' Council (BLC)
Format/size: pdf (169K)
Date of entry/update: 14 June 2018


Title: Possible crimes against humanity: prosecuting the Burmese military before the International Criminal Court (ICC)?
Date of publication: April 2008
Description/subject: "[The following is an excerpt from “Burma’s ‘Saffron Revolution’ is not over: Time for the international community to act”, issued by the International Federation of Human Rights and the International Trade Union Confederation in December 2007. It has been reprinted here with permission. The entire publication can be found at http://www.ituc-csi.org/ IMG/pdf/Birmania_FIDH_ITUC_101107.]..."
Language: English
Source/publisher: "LawKa PaLa - Legal Journal on Burma" - No. 29 (April 2008) - Burma Lawyers' Council (BLC)
Format/size: pdf (58K)
Date of entry/update: 14 June 2018


Title: September Uprising
Date of publication: April 2008
Description/subject: "As a result of the economic and social crisis in Burma, on April 22, 2007, Ko Kyaw Htin and Ko Thein Aung Myit, leaders of Myanmar Development Committee (MDC), and Ko Thein Myit Htun, Ko Aye Lwin, Ko Myit Sein, Ko Then Zaw Myit and Ko Tin Maung Gyi, members of the National League for Democracy (NLD), were holding posters and demonstrating in front of the Sanpyazail Market in Thain Gam Jun Township. They had five demands for the military regime: (1) to decrease the price of the food (2) to provide electricity 24 hours a day (3) to reduce unemployment (4) to defend and protect the youth of good families (5) to grant the rights to free trade..."
Language: English
Source/publisher: "LawKa PaLa - Legal Journal on Burma" - No. 29 (April 2008) - Burma Lawyers' Council (BLC)
Format/size: pdf (49K)
Date of entry/update: 14 June 2018


Title: Chief Justice under Attack and Independence of the Judiciary: What Lessons are there for Burma’s Legal Profession?
Date of publication: 30 March 2008
Description/subject: "This article focuses on the 2007 judicial crisis in the Islamic Republic of Pakistan. In particular, the ability of its legal profession to work collectively to protect the independence of the judiciary, and lead a popular movement towards the successful reinstatement of the country’s Chief Justice. The experience of Pakistan’s legal professionals in struggling for judicial independence, human rights and democratic values under General Musharaff’s military dictatorship is instructive in drawing parallels with the not incomparable situation in Burma. Why is it that Burma’s bar association and legal professionals have fallen silent, and have been unable to stand up and defend the rule of law and rights of their people? What lessons can be learnt from the Pakistani lawyers’ experience and applied to the Burmese context?..."
Language: English
Source/publisher: "LawKa PaLa - Legal Journal on Burma" - No. 29 (April 2008) - Burma Lawyers' Council (BLC)
Format/size: pdf (98K)
Date of entry/update: 14 June 2018


Title: Accepting Statements made before Police or Military Intelligence in Court Violates the Principle of an Independent Judiciary
Date of publication: 25 March 2008
Description/subject: "An essential part of justice is finding the truth. Only with the truth can a fair and just decision be made according to the law. Justice cannot be attained if it is based on untrue facts. The main duties of judges are to reveal the truth, ensure that proper evidence is admitted, and obtain authentic testimonials in court. The courts play an important role in revealing true and complete evidence and developing facts during the hearing of a case. By weighing the submitted evidence and facts, a court can see more clearly how the case should be decided in accordance with the law. Thus, the evidence and facts are essential to the proper functioning of the judiciary..."
Language: English
Source/publisher: "LawKa PaLa - Legal Journal on Burma" - No. 29 (April 2008) - Burma Lawyers' Council (BLC)
Format/size: pdf (58K)
Date of entry/update: 14 June 2018


Title: The Referendum Law for the Approval of the Draft Constitution of the Republic of the Union of Myanmar, 2008 (
Date of publication: 26 February 2008
Description/subject: "The Commission for Drafting the State Constitution has drafted the State Constitution of the Republic of the Union of Myanmar leading to non-disintegration of the Union, non-disintegration of the national solidarity and perpetuation of sovereignty; building of the modern, developed and well-disciplined democratic State for which the entire people are longing; and for the long-term interest of all nationalities who are residing in the Union in accordance with the basic principles and detailed basic principles adopted by the National Convention..."
Language: English
Source/publisher: "LawKa PaLa - Legal Journal on Burma" - No. 29 (April 2008) - Burma Lawyers' Council (BLC)
Format/size: pdf (118K)
Date of entry/update: 14 June 2018


Title: BLC's Efforts for the attention of the UN Security Council and the International Criminal Court on Criminal Accountability Issue of Burma
Date of publication: December 2007
Description/subject: "A Consultation on the International Criminal Court and the Rule of Law: Burma and Thailand, was held on November 22-23 at the SASA International House in Bangkok, Thailand. Organized by the Burma Lawyers’ Council (BLC) and the Union for Civil Liberty (UCL), the Consultation featured presentations by organizations and individuals such as the International Federation of Human Rights, Mr. Harry Roque, Jr., International Criminal Court Counsel, Mr. Teerapat Asavasungsidhi, Legal Adviser of the International Committee of the Red Cross, Ms. Evelyn Balais-Serrano, Coordinator for Coalition for the International Criminal Court – Asia, Mr. Sarawut Pratoomraj, ICC Coordinator of the UCL, as well as Mr. Aung Htoo, General Secretary, and Mr. Stewart Manley, Staff Attorney, of the BLC..."
Language: English
Source/publisher: "LawKa PaLa - Legal Journal on Burma" - No. 28 (December 2007) - Burma Lawyers' Council (BLC)
Format/size: pdf (106K)
Date of entry/update: 15 June 2018


Title: Burma Justice Committee of UK present petitions to the UN
Date of publication: December 2007
Description/subject: "The Burma Justice Committee will be launched today in the House of Lords. The Committee has been formed against the backdrop of continuing human rights abuses within Burma, as the military junta continues to repress anyone who questions their regime. Following the recent uprisings in protest at the doubling of fuel prices, many have been killed, imprisoned, and beaten by representatives of the junta..."
Language: English
Source/publisher: "LawKa PaLa - Legal Journal on Burma" - No. 28 (December 2007) - Burma Lawyers' Council (BLC)
Format/size: pdf (72K)
Date of entry/update: 16 June 2018


Title: On Criminal Accountability Issue in Burma and Possible Referral of the UN Security Council to the International Criminal Court
Date of publication: December 2007
Description/subject: "The Burma Lawyers’ Council represents the legal arm of the pro-democracy movement seeking justice, accountability, and the rule of law in Burma. The Global Justice Center is a legal International Non-Governmental Organization, whose expertise is enforcement of international law focusing on emerging democracies and transitional justice fora. The Burma Lawyers’ Council and the Global Justice Center by this document enter into a collaborative partnership for the Project to bring Justice for Victims of Heinous Crimes in Burma, as more fully defined below..."
Language: English
Source/publisher: "LawKa PaLa - Legal Journal on Burma" - No. 28 (December 2007) - Burma Lawyers' Council (BLC)
Format/size: pdf (115K)
Date of entry/update: 15 June 2018


Title: THE ELEMENTS NECESSARY FOR THE DEVELOPMENT OF A FREE MARKET ECONOMIC SYSTEM IN BURMA
Date of publication: December 2007
Description/subject: "For a market economy system to succeed, it must be based on the rule of law and protected by an impartial judiciary. To a large extent, a successful market economy depends on the trust the market participants have in the legal system to uphold their rights and fairly adjudicate their disputes. There must be an efficient, just and affordable judicial mechanism to resolve disputes, including the disputes involving governments. The mechanism must have strong, enforceable safeguards to ensure that the parties are treated fairly. Disputes must be adjudicated based solely on the facts and the law, not on the identity of the party or the relationship the party has to the government. For example, if a business enters into a contract to purchase goods, it must know that it can obtain a legal remedy if the supplier fails to deliver the goods. Businesses justifiably avoid markets that lack fair, efficient and unbiased courts because of the risk of uncompensated loss. In the Yaung Chi Oo case in Burma, for example, a private Singapore company made a joint venture with the Burmese government to manufacture beer. The government attempted to nationalize the company before the expiration of their contract. When the parties went to court, the judge ignored the Singapore company’s arguments and unjustifiably used its broad discretion under the law to rule for the government. A free market economy cannot succeed in such an environment. The almost complete lack of a judicial system means that domestic and foreign companies must negotiate directly with the government to resolve disputes..."
Language: English
Source/publisher: "LawKa PaLa - Legal Journal on Burma" - No. 28 (December 2007) - Burma Lawyers' Council (BLC)
Format/size: pdf (88K)
Date of entry/update: 15 June 2018


Title: The Burma Lawyers' Council's Call for Justice for the Burmese Military Junta's Violent Crackdown of the Peaceful Civilian and Monk Demonstrations
Date of publication: 05 October 2007
Description/subject: "By late September, the streets of Burmese towns and cities had swelled with popular mass demonstrations expressing the Burmese people’s desire for democracy and basic human rights. These peaceful demonstrations were a legitimate expression of the Burmese people’s frustrations with the lack of political and civil freedoms in their nation and increasing hardships that ordinary Burmese people face in their daily lives. Specifically, the sudden and unannounced gas price hike had compounded the financial miseries of the Burmese population that already suffers with one of lowest economic standards of living in the developing world. The military junta’s decision to unilaterally raise gas prices not only left millions unable even to simply travel to their jobs but also caused the costs of nearly all goods to suddenly soar. As the Foreign Minister of Malaysia stated before the United Nations, these demonstrations were a “justified” response to decades of abuse at the hands of an unelected military dictatorship..."
Language: English
Source/publisher: "LawKa PaLa - Legal Journal on Burma" - No. 28 (December 2007) - Burma Lawyers' Council (BLC)
Format/size: pdf (61K)
Date of entry/update: 16 June 2018


Title: BLC's Participation in ICC Meeting for criminal accountability issue
Date of publication: 26 September 2007
Description/subject: "The Burma Lawyers’ Council (BLC) is pleased to announce the successful completion of a Consultation on the International Criminal Court and the Rule of Law in Burma and Thailand, held on November 22 - 23 at the SASA International House of Chulalongkorn University in Bangkok, Thailand. The Consultation was organized by the BLC and the Union for Civil Liberty (UCL), and supported by the Coalition for the International Criminal Court - Asia (CICCAsia) and the International Federation for Human Rights (FIDH)..."
Language: English
Source/publisher: "LawKa PaLa - Legal Journal on Burma" - No. 28 (December 2007) - Burma Lawyers' Council (BLC)
Format/size: pdf (46K)
Date of entry/update: 15 June 2018


Title: "IBA's Letter to the military regima in Burma on Constitutional Drafting Process"
Date of publication: 17 September 2007
Description/subject: "The Constitutional drafting process and the ‘basic detailed principles’ recently outlined by the National Convention We are writing on behalf of the International Bar Association’s Human Rights Institute (IBAHRI) in connection with the Constitutional drafting process and the ‘basic detailed principles’ recently outlined by the National Convention. In its role as a dual membership organisation, comprising 30,000 individual lawyers and over 195 Bar Associations and Law Societies, the International Bar Association (IBA) influences the development of international law reform and shapes the future of the legal profession. Its Member Organisations cover all continents. The IBA’s Human Rights Institute works across the association, helping to promote, protect and enforce human rights under a just rule of law, and to preserve the independence of the judiciary and legal profession world wide..."
Author/creator: Ambassador Emilio Càrdenas and Justice Richard J. Goldstone
Language: English
Source/publisher: "LawKa PaLa - Legal Journal on Burma" - No. 28 (December 2007) - Burma Lawyers' Council (BLC)
Format/size: pdf (103K)
Date of entry/update: 15 June 2018


Title: Demand that the SPDC Take Immediate Action Against Security Forces for SHOOTING PEACEFULLY DEMONSTRATING MONKS.
Date of publication: 06 September 2007
Description/subject: "Throughout the past few weeks, the people of Burma have been demonstrating against the recent increase in commodity prices. The SPDC has violently suppressed the demonstrations through the use of its civilian criminals from the Union Solidarity and Development Association (USDA) and the Swan-Ar Shin Association. When people face difficulties to show up on the street, in replace of them, hundreds of monks have also taken to the streets and demanded the reduction of commodity prices..."
Language: English
Source/publisher: "LawKa PaLa - Legal Journal on Burma" - No. 28 (December 2007) - Burma Lawyers' Council (BLC)
Format/size: pdf (96K)
Date of entry/update: 15 June 2018


Title: Request for ILO's Intervention in Burma for Violations of ILO Principles by the Ruling Military Regime.
Date of publication: 03 September 2007
Language: English
Source/publisher: "LawKa PaLa - Legal Journal on Burma" - No. 28 (December 2007) - Burma Lawyers' Council (BLC)
Format/size: pdf (55K)
Date of entry/update: 16 June 2018


Title: A CRITIQUE OF THE SPDC CONSTITUTIONAL PRINCIPLES
Date of publication: September 2007
Description/subject: "This paper provides a critique of the proposed constitution that has emerged from the National Convention process in Burma (Myanmar).2 The Constitution will be referred to as the ‘SPDC Constitutional Principles’, on account of the fact that themilitary junta, the self-claimed State Peace and Development Council (SPDC), has dominated the drafting of this constitution and sidelined all other political voices..."
Language: English
Source/publisher: "LawKa PaLa - Legal Journal on Burma" - No. 27 (September 2007) - Burma Lawyers' Council (BLC)
Format/size: pdf (117K)
Date of entry/update: 16 June 2018


Title: BBC Interview of BLC GS and U Aung Naing Oo on SPDC's Constitutional principles
Date of publication: September 2007
Description/subject: "The following is a transcript of a radio conversation among U Aung Naing Oo, an observer and analyst of Burmese affairs, Burma Lawyers’ Council General Secretary U Aung Htoo and BBC Burmese program presenter Daw Yin Yin May, addressing the questions, “To what extent will decisions from the National Convention be acceptable?” and “Who will accept these decisions?”..."
Language: English
Source/publisher: "LawKa PaLa - Legal Journal on Burma" - No. 27 (September 2007) - Burma Lawyers' Council (BLC)
Format/size: pdf (76K)
Date of entry/update: 16 June 2018


Title: BLC'S SOCIAL SECURITY REPORT FOR 2007 Analysis on the Social Security Status of People in Burma
Date of publication: September 2007
Description/subject: "As a country that has prioritised military expenditure over welfare provision for its people during the past four decades, Burma has succumbed to an acute economic and social crisis. The ruling State Peace and Development Council (SPDC) continues to spend over 40% of the national budget on the military, while International Monetary Fund (IMF) figures estimate that under one percent of the gross domestic product (GDP) is spent on health and education combined.1Consequently, the people of Burma are systematically denied their basic economic and social rights, whether it is access to employment, healthcare, education, livelihood, or other fundamental needs..."
Language: Burmese (ျမန္မာဘာသာ)
Source/publisher: "LawKa PaLa - Legal Journal on Burma" - No. 27 (September 2007) - Burma Lawyers' Council (BLC)
Format/size: pdf (101K)
Date of entry/update: 18 June 2018


Title: Cease fire issue and SPDC’s National Convention
Date of publication: September 2007
Description/subject: "The majority of the Kachin people live in Northern Burma as their own ethnic group and with their own leaders. When the British colonial government invaded this area in 1885, the Kachin lost countless lives fighting back for many years. Under the organizing power of General Aung San, the leader of the Anti-Fascist People’s Freedom League (AFPFL), the Kachin agreed to sign the Pinlon Agreement on 12 February 1947. Captain Naw Saing of Kachin Armed Force No. (1), dissatisfied with the political corruption and dishonesty of the AFPFL government with ethnic minority groups, established the Pawng Yawng National Defence Force (PNDF) on 15 November 1949. With the support of the PNDF force, Captain Naw Saing started revolting against the AFPFL government..."
Language: English
Source/publisher: "LawKa PaLa - Legal Journal on Burma" - No. 27 (September 2007) - Burma Lawyers' Council (BLC)
Format/size: pdf (61K)
Date of entry/update: 16 June 2018


Title: THE NATIONAL CONVENTION THROUGH THE PRISM OF THE RULE OF LAW
Date of publication: September 2007
Description/subject: "The SPDC National Convention (NC) is now in its final stage, which means that subsequent steps in the road map are to follow. The 6 basic principles and 104 principles on which the constitution is to be drafted have been given a rubber stamp of approval. The constitution thereafter can be marketed as legitimate..."
Author/creator: B.K Sen
Language: English
Source/publisher: "LawKa PaLa - Legal Journal on Burma" - No. 27 (September 2007) - Burma Lawyers' Council (BLC)
Format/size: pdf (19K)
Date of entry/update: 16 June 2018


Title: THE POLITICAL CRISIS IN TURKEY AND THE ROLE OF THE CONSTITUTIONAL COURT An example for the Burmese judiciary?
Date of publication: September 2007
Description/subject: "The political crisis in Turkey shows how a constitutional court contributes to the country stability and its economic progress. Since Burma does not know any court similarity empowered, one could ask, whether the Burmese judiciary should be completed with a comparable constitutional court. This article analyses the political crisis in Turkey and how the Turkish judicial system dealt with it, evaluating whether B urma would benefit from the establishment of such a court..."
Language: English
Source/publisher: "LawKa PaLa - Legal Journal on Burma" - No. 27 (September 2007) - Burma Lawyers' Council (BLC)
Format/size: pdf (104K)
Date of entry/update: 18 June 2018


Title: STATEMENT OF THE BURMA LAWYERS' COUNCIL ON THE NECESSITY OF DECLARING THE VIOLENT AND LAW-BREAKING UNION SOLIDARITY AND DEVELOPMENT ASSOCIATION AS AN UNLAWFUL ASSOCIATION
Date of publication: 24 August 2007
Description/subject: "The Union Solidarity and Development Association, led by top SPDC military personnelwho occupy positions at every level of the USDA, was established and commencedactions on 15 September 1993.1 Their stated aim when registering at the Home and Religious Affairs Ministry was focused solely on social activities.2 In practice, however, the USDA is committing violence and, even today, continuously breaking the law (someof the specific criminal acts of USDA will be described separately)..."
Language: English
Source/publisher: "LawKa PaLa - Legal Journal on Burma" - No. 27 (September 2007) - Burma Lawyers' Council (BLC)
Format/size: pdf (52K)
Date of entry/update: 16 June 2018


Title: THE CHANGING LANDSCAPE OF INTERNATIONAL LAW: THE GLOBAL RESPONSIBILITY TO PROSECUTE PERPETRATORS OF GRAVE CRIMES INFLICTED ON THE PEOPLE OF BURMA
Date of publication: 16 August 2007
Description/subject: "The Burmese military junta, the State Peace and Development Council (SPDC) continues to exercise dictatorial control over the lives of the people of Burma as it has done with impunity for over forty years. The SPDC, under its various guises, routinely employs torture, rape, slavery, murder, and mass imprisonment as tools to consolidate its power and silence any dissent.2 These acts go far beyond a repudiation of democracy; they are crimes against humanity and war crimes, including grave breaches of the Geneva Conventions..."
Author/creator: Professor Janet Benshoof
Language: English
Source/publisher: "LawKa PaLa - Legal Journal on Burma" - No. 27 (September 2007) - Burma Lawyers' Council (BLC)
Format/size: pdf (114K)
Date of entry/update: 16 June 2018


Title: On Foreign Investment Issue and Relevant Economic Laws in Burma
Date of publication: 18 July 2007
Description/subject: "On 11 November 1998, the Burmese military forcefully occupied the Mandalay Beer factory and froze all the company’s bank accounts. The case, an important dispute between the Burmese government and a foreign investor, was brought before Judge Sd. Aung Ngwe, Yangon Divisional Court, to apply the law and adjudicate the dispute fairly. This paper will examine whether Judge Aung Ngwe stood by his own words quoted above and objectively “abided by the current existing laws,” or whether his biases and the influence of the military regime resulted in favorable treatment for the government..."
Language: English
Source/publisher: "LawKa PaLa - Legal Journal on Burma" - No. 28 (December 2007) - Burma Lawyers' Council (BLC)
Format/size: pdf (143K)
Date of entry/update: 15 June 2018


Title: LEGAL ANALYSIS OF THE BURMA LAWYERS' COUNCIL ON HEINOUS CRIMES IN BURMA
Date of publication: 29 May 2007
Description/subject: "Article 6 of the Rome Statute delineates the crimes over which the International Criminal Court shall have jurisdiction. They are considered the most serious violations of international humanitarian law as formulated throughout the history of human society. The military regime has violated a litany of these crimes as delineated in Article 5 with complete impunity and therefore the military regime in Burma falls squarely under the jurisdiction of the International Criminal Court..."
Language: English
Source/publisher: "LawKa PaLa - Legal Journal on Burma" - No. 27 (September 2007) - Burma Lawyers' Council (BLC)
Format/size: pdf (55K)
Date of entry/update: 16 June 2018


Title: THE STATUS OF THE RULE OF LAW IN BURMA
Date of publication: 13 May 2007
Description/subject: "U Win Naing Oo (moderator): Today we will discuss how authorities are interfering with the legal process for political reasons and aims. We will also discuss how the public must be aware of the law and its effect. I understand that the law aims to protect the people. The people must be protected against this dangerous government. The present government said that no one should be above the law. For the lawyers, which facts should be looked at to decide whether the country follows the rule of law or not?..."
Author/creator: U Nyan Win, U Myo Swe, and U Thein Nyunt
Language: English
Source/publisher: "LawKa PaLa - Legal Journal on Burma" - No. 27 (September 2007) - Burma Lawyers' Council (BLC)
Format/size: pdf (60K)
Date of entry/update: 16 June 2018


Title: Brief Biographies and Comments of Exiled Parliamentary Members on the SPDC Sham National Convention Presented at a Press Conference Held at the NCUB Headquarters
Description/subject: "Khun Mar Ko Ban was elected as a Member of Parliament for Pekon Township in the 1990 multi-party elections, representing the Democratic Organization for Kayan National Unity (DOKNU). The DOKNU is part of the Union Nationalities League for Democracy (UNLD) alliance. He attended the sham National Convention organized by the State Law and Order Restoration Committee (SLORC) on 9 January 1993 as part of an elected representatives group. At the National Convention, NC procedures, bylaws, and rules for delegates concerning presentation in the convention were not distributed in advance..."
Author/creator: Khun Mar Ko Ban
Language: English
Source/publisher: "LawKa PaLa - Legal Journal on Burma" - No. 27 (September 2007) - Burma Lawyers' Council (BLC)
Format/size: pdf (69K)
Date of entry/update: 16 June 2018


Title: Press Release: BLC's Participation in the Assembly of State Parties to the International Criminal Court
Description/subject: "With the invitation from the Coalition for the International Criminal Court (CICC), a network of over 2,500 non- goverment organizations working for the International Criminal Court (ICC) across the world, U Aung Htoo, General Secretary of the Burma Lawyers'Council is to attend the upcoming meetings at the Assembly of States Parties to the ICC, to be held in the Heague, the Netherlands, on Nov 17-25, 2009, as an NGO delegatefrom Burma..."
Language: English
Source/publisher: "LawKa PaLa - Legal Journal on Burma" - No. 34 (December 2009) - Burma Lawyers' Council (BLC)
Format/size: pdf (52K)
Date of entry/update: 09 June 2018