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

Individual Documents

Title: Burundi’s Transition
Date of publication: January 2018
Description/subject: "The above article is a brilliant analysis of dynamics of democracy. Although it relates to Burundi, it is applicable by and large to all transition in democracy. It is very instructive for Burma also although it has not entered into a democratic transition which has been stalled. A survey of what the article conveys is necessary to be able to determine how far it is relevant to Burma..."
Language: English
Source/publisher: "LawKa PaLa - Legal Journal on Burma" - No. 24 (August 2006) - Burma Lawyers' Council (BLC)
Format/size: pdf (67K)
Date of entry/update: 19 June 2018


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: Burma’s junta’s loss of sense
Date of publication: August 2008
Description/subject: "Dr. Salai Tun Than was issued with a passport (tourist) for which a round trip air ticket is mandatory with that passport and air ticket he went to U.S.A, Japan and South Korea from Seoul he came to Bangkok on Thai visa. After a short stay, he went to the airport. He was refused Boarding Pass although he was with the passport and return air ticket. On asking the reason for refusal, he was toll that the Burmese Embassy in Bangkok had instructed the airline TG, Thai international air ways, not to allow him to board, Dr. Salai Tun Than contacted the immigration. It directed him to contact Foreign Ministry Thailand..."
Language: English
Source/publisher: "LawKa PaLa - Legal Journal on Burma" - No. 24 (August 2006) - Burma Lawyers' Council (BLC)
Format/size: pdf (47K)
Date of entry/update: 19 June 2018


Title: Interpretation of Statutes
Date of publication: August 2008
Description/subject: "Law Journal published by office of the Attorney general, Union of Myanmar in its issue Vo.6 2005 January, Number 2 had an article captioned “interpretation of Statutes” written by U Ba Kying, retired director of the said office and part time professor, law department, University of Yangon..."
Language: English
Source/publisher: "LawKa PaLa - Legal Journal on Burma" - No. 24 (August 2006) - Burma Lawyers' Council (BLC)
Format/size: pdf (46K)
Date of entry/update: 19 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: UN Human Rights Council
Date of publication: August 2008
Description/subject: "A new Human Rights Council has been formed in March. It would be a subsidiary body of the General Assembly. This would make it directly accountable to the full membership of the UN. Among 64 contested countries, the UN General Assembly elected 47 members for the new Human Rights Council in early May..."
Language: English
Source/publisher: "LawKa PaLa - Legal Journal on Burma" - No. 24 (August 2006) - Burma Lawyers' Council (BLC)
Format/size: pdf (42K)
Date of entry/update: 19 June 2018


Title: Waiting on the rule of law
Date of publication: August 2008
Description/subject: "From a legal perspective, there is a similar situation between southern Thailand and Burma,. In southern Thailand, the victims of the State of Emergency Act (SEA) have been waiting for years on the rule of law. In Burma, the State Protection Law (SPL) has dispensed with waiting as no trial is sought when persons are detained and detention is extended indefinitely..."
Language: English
Source/publisher: "LawKa PaLa - Legal Journal on Burma" - No. 24 (August 2006) - Burma Lawyers' Council (BLC)
Format/size: pdf (58K)
Date of entry/update: 19 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: Trip Report of the BLC General Secretary
Date of publication: 27 July 2007
Description/subject: "The General Secretary of the BLC, U Aung Htoo, made trips to Korea and Japan on March 15- 27, 2007, with the invitation of National League for Democracy- Liberated Area (NLD-LA) Korea Branch and the Japanese Environmental Lawyers’ Federation (JELF). The BLC General Secretary, accompanied by U Maung Maung Lwin, U Nay Tun Naing, U Zaw Moe Aung and other comrades from NLD(LA) Korea Branch, attended a series of meetings in Korea..."
Language: English
Source/publisher: "LawKa PaLa - Legal Journal on Burma" - No. 26 (April 2007) - Burma Lawyers' Council (BLC)
Format/size: pdf (186K)
Date of entry/update: 18 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: Justice is conscience, not a personal conscience but the conscience of the whole of humanity
Date of publication: April 2007
Description/subject: "The landmark judgment delivered by the International Court of Justice (ICJ) on genocide in the case of Bosnia and Herzegovina vs. Serbia and Montenegro is an example of judiciousness not always proving to be good judgment. This was the first time that a UN member of state has been tried for genocide, and the ICJ has lost the only remaining for an authoritative legal ruling on the Bosnian genocide and Serbia’s role, since Slobodan Milosevic’s death deprived the International Criminal Tribunal for former Yugoslavia (ICTY) of the possibility of ruling on his responsibility. The court ruled that although what occurred in 1995 in Srebernica was indeed an act of genocide, the Serbian state was not directly complicit in it. It is a flawed verdict, with a little in it for all sides. This compromise in judgment has done little but stoke old fires in the ethnically volatile Balkans. The faith in ICJ is undermined..."
Author/creator: BK Sen
Language: English
Source/publisher: "LawKa PaLa - Legal Journal on Burma" - No. 26 (April 2007) - Burma Lawyers' Council (BLC)
Format/size: pdf (64K)
Date of entry/update: 18 June 2018


Title: Legal comments of the Burma Lawyers' Council on U Khun Htun Oo and Eight Other Shan Leaders
Date of publication: April 2007
Description/subject: "The Union of Burma will be 60 years old on 12 February 2007; it was established after the signing of the Panglong Agreement on 12 February 1947. Nevertheless, the country still encounters a number of horrible problems and has not yet emerged as a genuine Union. Accusing the Shan leaders, who were attempting to re-establish the country into a genuine union by peaceful means, as secessionists, the military staged a coup in 1962, claiming that it was trying to prevent a collapse of the Union of Burma. Then, the military regime revoked the 1947 Constitution and has governed the country until today. As a result, the country’s situation has gradually deteriorated. Currently, the Union of Burma continues to exist in form, but the unity of the ethnic nationalities has completely collapsed in essence. As the country has no peace, the people live under atrocious conditions of impoverishment..."
Language: English
Source/publisher: "LawKa PaLa - Legal Journal on Burma" - No. 26 (April 2007) - Burma Lawyers' Council (BLC)
Format/size: pdf (238K)
Date of entry/update: 18 June 2018


Title: Statement of the Burma Lawyers’ Council Regarding the Threat of Legal Action Against U Aung Shwe, Chair of the National League for Democracy, and U Aye Tha Aung, Secretary of the Committee Representing People’s Parliament
Date of publication: 15 February 2007
Description/subject: "On February 15, 2007, the BBC reported that the Chief of Police of the State Peace and Development Council (SPDC), the military regime currently ruling Burma, threatened to take legal action against U Aung Shwe, Chair of the National League for Democracy (NLD) and U Aye Tha Aung, Secretary of the Committee Representing People's Parliament (CRPP), for the allegedly illegal formation of the CRPP. It is known that the objective of CRPP is to convene People’s Parliament as an implementation of the results of the May 1990 election, in which the NLD prevailed but the SPDC refused to honor..."
Language: English
Source/publisher: "LawKa PaLa - Legal Journal on Burma" - No. 26 (April 2007) - Burma Lawyers' Council (BLC)
Format/size: pdf (95K)
Date of entry/update: 18 June 2018


Title: Analysis on the Situation of the Refugee Camps From the Rule of Law Aspect
Date of publication: 27 January 2007
Description/subject: "This research paper has been produced to highlight the security situation within the refugee camps along the Thai/Burma border in Thailand. The objective of this paper is to give a comprehensiveoverview of the failings of the administrative, judicial and legislative structures within the camps and the consequences this has had on the individual security of camp residents. By analyzing the camps from the rule of law perspective this research indicates that without adequate institutional and structural reforms, too many individuals are vulnerable to violence and attack that deprives them of one of their most basic human rights..."
Language: English
Source/publisher: "LawKa PaLa - Legal Journal on Burma" - No. 26 (April 2007) - Burma Lawyers' Council (BLC)
Format/size: pdf (287K)
Date of entry/update: 18 June 2018


Title: Burma and the common law? An uncommon question.
Date of publication: December 2006
Description/subject: "What is the role of the common law in Burma’s current and future legal system? It is often assumed that common law concepts are relevant to, and applicable in, Burma’s legal system as they are in England and other former English colonies. However, closer analysis shows that such an assumption may be wrong in many respects. Various common law concepts have been negated by statutory laws in Burma’s legal history and developments in the country’s legal system between the mid 1960’s and 1980’s. The lack of judicial independence from 1962 onward has also been a serious impediment to the common law’s use and operation. However, even if Burma obtained judicial independence tomorrow, this article suggests that earlier developments have negated many common law concepts. It is difficult to see how the common law can provide much to Burma’s legal system unless there is specific legislative revival. This article also identifies areas where the common law is inadequate and constitutional or statutory arrangements should be considered for Burma’s future legal system..."
Author/creator: John Southalan
Language: English
Source/publisher: "LawKa PaLa - Legal Journal on Burma" - No. 25 (December 2006) - Burma Lawyers' Council (BLC)
Format/size: pdf (179K)
Date of entry/update: 19 June 2018


Title: Custody death
Date of publication: December 2006
Description/subject: "A 34 years old political prisoner Ko Thet Win Aung died in custody in Mandalay prison where he had been tortured and suffered from Malaria. He has been in prison from 1988 against peaceful student protests against educational system and for release of political prisoners. He was imprisoned under Emergency Provisions Act 5 (1) and (17 1-2) Unlawful Association Act. No enquiry has been instituted as to the cause of his death and to make finding public. There was international condemnation. .The Jail Manual has made it incumbent that all deaths in prison are investigated enquired into and paper published. The Junta’s insult to Rule of Law is abundant and this is one more case..."
Language: English
Source/publisher: "LawKa PaLa - Legal Journal on Burma" - No. 25 (December 2006) - Burma Lawyers' Council (BLC)
Format/size: pdf (74K)
Date of entry/update: 19 June 2018


Title: Junta and its New Constitution
Date of publication: December 2006
Description/subject: "The national convention convening commission claimed as far as late July that 75 percent of the new 15- chapters’ constitution had been drafted. Burma’s foreign minister said the “possible times” for accomplishing the National Convention would be announced in December. The program of Junta’s reform plan is transparent enough for anyone to conclude. That the motives of Junta are not honorable. It started in 1993 in the context of 1990 General Election. That context has changed. The momentum of mass upheaval and urgency for change are lost. Rule of Law has been buried substituted by rule of one man. Gen. Than Shwe, the opposition has been pushed with its back against the wall. Daw Aung Sun Suu Kyi continues to be in house arrest .The recently released student hero Min KO Naing has again be arrested. Nobody hear any thing about dialogue or national reconciliation. International Community is frustrated and UN/ Asean have become on lookers. Despite the fact that the Burma issue may be debated in the Security Council, there is no hope for the Burmese people. Burma’s profuse natural gas helps to keep the Junta in power by paying for weapons. Thailand, India and China are the biggest buyers..."
Language: English
Source/publisher: "LawKa PaLa - Legal Journal on Burma" - No. 25 (December 2006) - Burma Lawyers' Council (BLC)
Format/size: pdf (54K)
Date of entry/update: 19 June 2018


Title: Power Sharing and International Mediation in Ethnic Conflicts Timothy D. Sisk Publisher U.S. Institute of Peace. Policy Papers, Letters and Statements Ethnic Nationalities Council
Date of publication: December 2006
Description/subject: "The book is of great relevance to Burma democratic activists. It deals with ethnic Conflicts in divided Societies. Democratic governance is fundamental human rights and ethnic group claims for self-determination should ideally be accommodated in a democratic frame work within existing set up. It disapproves Secession and discusses power sharing as the effective way of resolving to disputes. At one stage of Burma’s political history, it appeared that ethnic problems were the prime reason for conflicts in Burma. However the ethnic nationalities have come to new understanding of the Situation as is succinctly reflected in the book “Policy papers letters and Statements published by Ethnic Nationalities Council (ENC), Union of Burma..."
Language: English
Source/publisher: "LawKa PaLa - Legal Journal on Burma" - No. 25 (December 2006) - Burma Lawyers' Council (BLC)
Format/size: pdf (80K)
Date of entry/update: 19 June 2018


Title: Thailand must steer clear from Burma junta’s way to Democracy
Date of publication: December 2006
Description/subject: "The military coup in Burma had taken place on March 2,1962 and its junta is in the seat of power till today ,over four decades .The military coup in Thailand took place while the premier was abroad on September 19,2006 and its junta is in power .The two are neighboring countries and a close study of the two coups is essential to draw lessons .Although they have fundamental differences ,there is danger of their congruence. A comparative study of the two will provide guidelines to the democratic activists of respective countries and steer the anti-democratic movements back to the path of democracy..."
Author/creator: B.K Sen
Language: English
Source/publisher: "LawKa PaLa - Legal Journal on Burma" - No. 25 (December 2006) - Burma Lawyers' Council (BLC)
Format/size: pdf (116K)
Date of entry/update: 19 June 2018


Title: UN & Burma
Date of publication: December 2006
Description/subject: "More than two years back and now recently, Mr. Gambari an emissary of UN. Secretary-General Kofi Anan visited Burma to oversee the political process for reform that the Junta had promised. Nothing happened except that he was the only foreigner allowed to see the 61 years old, democrat icon, Daw Aung San Suu Kyi..."
Language: English
Source/publisher: "LawKa PaLa - Legal Journal on Burma" - No. 25 (December 2006) - Burma Lawyers' Council (BLC)
Format/size: pdf (58K)
Date of entry/update: 19 June 2018


Title: UNDOC – Dangerous drug trend in Burma
Date of publication: December 2006
Description/subject: "The United Nations Office of Drugs and Crime (UNDOC) issued a new report... According to the UNODC, the cultivation of opium has dropped 29 per cent in the past year. Burma now has 21,500 hectares under opium cultivation (about 134,400 rai). That is down from 30, 900 hectares in 2004, which was a drop from 44,200 in 2003, and soon..."
Language: English
Source/publisher: "LawKa PaLa - Legal Journal on Burma" - No. 25 (December 2006) - Burma Lawyers' Council (BLC)
Format/size: pdf (62K)
Date of entry/update: 19 June 2018


Title: Ethnic Issues and Civil Society in Burm
Date of publication: 12 October 2006
Description/subject: "Almost every nation’s population includes within its composition different ethnic or cultural groups. Ethnicity has become one of the underlying issues of Burma for almost six decades. The international community does not generally encourage the establishment of independent states on the basis of ethnicity, in the interests of preserving or maintaining peace, stability and socioeconomic cohesion. However, to justly and peacefully resolve the stability and development issues within societies, the “minority rights” of different ethnic groups residing within nation states must be recognized in practice. National unity is emerging as a paramount issue within the boundaries of such states, particularly those developing nations that are emerging as liberal democracies subsequent to periods of authoritarian rule..."
Author/creator: Aung Htoo
Language: English
Source/publisher: "LawKa PaLa - Legal Journal on Burma" - No. 25 (December 2006) - Burma Lawyers' Council (BLC)
Format/size: pdf (152K)
Date of entry/update: 19 June 2018


Title: Burma’s Military Leaders and Freedom of Expression
Date of publication: August 2006
Description/subject: "Burma has been characterized as a pariah state, or a state “ruled by thugs”. Burma is said to be an outpost of tyranny that has reduced the country into such a poor state of affairs. And it is not difficult to find out why. It is the absolute power wielded by its rulers that has caused them to rule in the manner they are doing. Absolute power is not an abstract concept..."
Language: English
Source/publisher: "LawKa PaLa - Legal Journal on Burma" - No. 24 (August 2006) - Burma Lawyers' Council (BLC)
Format/size: pdf (115K)
Date of entry/update: 19 June 2018


Title: Daw Aung San Suu Kyi and her detention
Date of publication: August 2006
Description/subject: "On 30 May 2006, the military Junta passed a fresh order extending the house arrest of Daw Aung San Suu Kyi for another period of one year. She has been put under house arrest four times. This makes it the fifth. The total period of detention has been 10 out of the last 16 years. This essay attempts to give a legal analysis of the detention, i.e. whether it is arbitrary, illegal and unsustainable..."
Author/creator: B.K. Sen
Language: English
Source/publisher: "LawKa PaLa - Legal Journal on Burma" - No. 24 (August 2006) - Burma Lawyers' Council (BLC)
Format/size: pdf (92K)
Date of entry/update: 19 June 2018


Title: Four exile groups outlawed and threat to outlaw NLD
Date of publication: August 2006
Description/subject: "The Junta accused NCUB, NCGUB, FTUB, NLD(LA) and ABSDF of being responsible for bomb attacks since 2003 and declared them as unlawful association. NLD also was accused of having links with the exiled groups and threat was given to outlaw it as has firm evidence to declare NLD unlawful. All these have been under law that is Unlawful association Act..."
Language: English
Source/publisher: "LawKa PaLa - Legal Journal on Burma" - No. 24 (August 2006) - Burma Lawyers' Council (BLC)
Format/size: pdf (42K)
Date of entry/update: 19 June 2018


Title: Legal Analysis on the case of Advocate U Aye Myint
Date of publication: August 2006
Description/subject: "Sentence was seven years imprisonment under Emergency Provision Act Section 5(E), on charge of propagating false news There were 452.59 acres of pasture land for the cattle of the public in Phaung Daw Thi village, Daik-U township. This pasture land was divided and confiscated by the following organizations related to the ruling military junta..."
Author/creator: U Aung Htoo
Language: English
Source/publisher: "LawKa PaLa - Legal Journal on Burma" - No. 24 (August 2006) - Burma Lawyers' Council (BLC)
Format/size: pdf (91K)
Date of entry/update: 19 June 2018


Title: Open letter to UN General Security
Date of publication: August 2006
Description/subject: "BLC sent an open letter to Kofianan, UN, Security General on 16 June, 2006. It relates to the freeing Daw Aung San Suu Kyi from house arrest and appropriate action on Depayin episode which is supposed to be the reason for her continued detention. The letter made an analysis of the Depayin episode as a state. Sponsored terrorist attack on peaceful activity of the democracy icon, it requested the Secretary General to put the matter before Security Council for consideration and action..."
Language: English
Source/publisher: "LawKa PaLa - Legal Journal on Burma" - No. 24 (August 2006) - Burma Lawyers' Council (BLC)
Format/size: pdf (60K)
Date of entry/update: 19 June 2018


Title: SPDC’s assault on Humanitarian assistance
Date of publication: August 2006
Description/subject: "Acceptance of democracy promotion as a norm of practice within the international system is a new global trend. Humanitarian assistance is an integral part of democracy promotion. There is also a widespread agreement that democracy promotes human rights, development, and peace The practical manifestation of this trend has been a proliferation of democracy-assistance programs funded by governments, multilateral bodies such as the United Nations and the European Union, international financial institutions, and independent foundations. Such programs, which have gained broad international support, provide technical and material assistance to governments that are trying to consolidate democracy, as well as to nongovernmental groups that seek to monitor public institutions and processes, promote human rights and access to information, and encourage democratic participation..."
Language: English
Source/publisher: "LawKa PaLa - Legal Journal on Burma" - No. 24 (August 2006) - Burma Lawyers' Council (BLC)
Format/size: pdf (102K)
Date of entry/update: 19 June 2018


Title: A comparative approach to the Arbitration Act of Myanmar
Date of publication: April 2006
Description/subject: "The author’s attempt to write on the Arbitration Act of Myanmar is praise worthy but lacks analysis and has its short comings. The article is narrative and provides no data as to how many cases have been recorded in courts of law either as original applications or by way of appeals. It is a law which is almost dead as the courts never exhorts the litigants to settle their disputes by resorting to the provisions of the Act..."
Language: English
Source/publisher: "LawKa PaLa - Legal Journal on Burma" - No. 23 (April 2006) - Burma Lawyers' Council (BLC)
Format/size: pdf (73K)
Date of entry/update: 20 June 2018


Title: Asean’s sad policy on Burma
Date of publication: April 2006
Description/subject: "While it is clear to everyone that the Burmese junta does not care about Asean nor the international community, the point was rein forced once again this past week. When Malaysian Foreign Minister Syed Hamid Albar visited there recently, he cut short his three-day trip by one day and came home empty-handed. Of course he will file a report for the Asean ministers but so far he has put a brave face on the debacle because Malaysia is the current chair of Asean. Lie does not want to antagonise Burma any further..."
Language: English
Source/publisher: "LawKa PaLa - Legal Journal on Burma" - No. 23 (April 2006) - Burma Lawyers' Council (BLC)
Format/size: pdf (77K)
Date of entry/update: 20 June 2018


Title: Laws of the child in Burma
Date of publication: April 2006
Description/subject: ""Child" means "a person who is unable to maintain itself." It is the responsibility of the society, parents and guardians and those who are in charge of governance of the country to attend to children to make them appropriate citizens of tomorrow..."
Author/creator: B.K. Sen
Language: English
Source/publisher: "LawKa PaLa - Legal Journal on Burma" - No. 23 (April 2006) - Burma Lawyers' Council (BLC)
Format/size: pdf (208K)
Date of entry/update: 20 June 2018


Title: Lebanon spring forward
Date of publication: April 2006
Description/subject: "The author has brilliantly unfolded the story of transition in Lebanon. He has traced the coming into being of Lebanon in 1926 as an entity that European colonial powers cobbled together amidst A rab-speaking but competing religions minorities, the Christians and Muslims. The Turks during Ottoman Empire ruled but after its collapse when the First World War ended. France as mandate holder of League of Nations gave Lebanon a constitution..."
Language: English
Source/publisher: "LawKa PaLa - Legal Journal on Burma" - No. 23 (April 2006) - Burma Lawyers' Council (BLC)
Format/size: pdf (56K)
Date of entry/update: 20 June 2018


Title: Opening ceremony on Pyi-Daung-Su Law Academy ( BLC )
Date of publication: April 2006
Description/subject: "A Law Academy has been established by BLC named as "Pyidaungsu Law Academy." It has intensive programme in Law and Human rights for 2 years, 2006 and 2007 in 3 semesters each year. 25 students of high school level have been selected through open competition..."
Language: English
Source/publisher: "LawKa PaLa - Legal Journal on Burma" - No. 23 (April 2006) - Burma Lawyers' Council (BLC)
Format/size: pdf (242K)
Date of entry/update: 20 June 2018


Title: PREFACE
Date of publication: April 2006
Description/subject: "Legal Issue on Burma (L.I.O.B). turns 10 years old from this issue but in a different name “Legal Journal on Burma” We owe an explanation to our readers for the change in name and size and apology to its founders. The change in name has been propelled by changes that have taken effect since the birth of the first issuein 1997..."
Language: English
Source/publisher: "LawKa PaLa - Legal Journal on Burma" - No. 23 (April 2006) - Burma Lawyers' Council (BLC)
Format/size: pdf (72K)
Date of entry/update: 19 June 2018


Title: Rule of law on trial
Date of publication: April 2006
Description/subject: "Prominent Muslim lawyer Somchai Ndaphaijit of Thailand went missing in Bangkok in March 2004. The disappearance took place after he had accused police of torturing four of his clients while they were in police custody. His clients were standing trial as accused of belonging to regional extremist group Jemaoh Islami Yah and to have committed national security offence, conspiracy to commit rebellion but were acquitted in June 2005. Mr. Somchai had told colleagues and family members that he had received threats since alleging police torture of suspects arrested for alleged participation in the attack on an army camp in Jan 4, 2004..."
Language: English
Source/publisher: "LawKa PaLa - Legal Journal on Burma" - No. 23 (April 2006) - Burma Lawyers' Council (BLC)
Format/size: pdf (90K)
Date of entry/update: 20 June 2018


Title: Self-determination and the law
Date of publication: April 2006
Description/subject: "Given the prominence and frequency with which issues of selfdetermination feature in debates concerning a post-SPDC Burma, some reflections on the complex legal questions thrown up by this rather elusive concept are probably in order. Two recent collections of essays on the subject offer valuable food for thought..."
Author/creator: Venkat Iyer
Language: English
Source/publisher: "LawKa PaLa - Legal Journal on Burma" - No. 23 (April 2006) - Burma Lawyers' Council (BLC)
Format/size: pdf (105K)
Date of entry/update: 19 June 2018


Title: The Supreme court punts
Date of publication: April 2006
Description/subject: "The U.S. Supreme Court ducked its duty Monday. It declined to review a notorious case testing President George W. Bush’s sweeping claim to have the power to seize American citizens on American soil and toss them into indefinite detention out-side the normal legal process simply by declaring them to be “enemy coinbatants.” The justices were asked to rule on the case of Jose Padilla, an American citizen who was held for more than three years at a Navy brig in Charleston, South Carolina, supposedly on suspicion of being part of a plot by Al Qaeda to explode a radioactive “dirty bomb” in the United States..."
Language: English
Source/publisher: "LawKa PaLa - Legal Journal on Burma" - No. 23 (April 2006) - Burma Lawyers' Council (BLC)
Format/size: pdf (73K)
Date of entry/update: 20 June 2018


Title: A Brief Analysis on the Legitimacy of SPDC’s National Convention and its Constitution
Date of publication: 05 December 2005
Description/subject: "The Military Regime, now known as the State Peace and Development Council (SPDC), resumed its National Convention (NC) on December 5, 2005. Many analysts presume that the regime may complete its constitution making process in 2006, force the people to approve its constitution and attempt to prolong its military rule indefinitely..."
Language: English
Source/publisher: "LawKa PaLa - Legal Journal on Burma" - No. 22 (December 2005) - Burma Lawyers' Council (BLC)
Format/size: pdf (121K)
Date of entry/update: 20 June 2018


Title: Burma and its road map
Date of publication: December 2005
Description/subject: "Burma’s Constitution- drafting National Convention resumed after a break of 8 months. The exercise is going on since 1993. Now it is the fourth session scheduled to last two months. This is the first step of the seven steps envisaged in the “road map”. Even within 2 years, the first step could not be completed. The draft document includes 15 chapters, with 9 left to be finished..."
Language: English
Source/publisher: "LawKa PaLa - Legal Journal on Burma" - No. 22 (December 2005) - Burma Lawyers' Council (BLC)
Format/size: pdf (77K)
Date of entry/update: 21 June 2018


Title: Conviction and sentence of the Shan leaders
Date of publication: December 2005
Description/subject: "The SPDC in a sudden and surprise move arrested U Khun Tun Nu and others. These leaders were in Rangoon for the past ten years trying to facilitate the ongoing dialogue process. U Khun Tun is the leader of the SNLD ( Shan National League for Democracy ) elected Member of Parliament in 1990 election. He is also the leader of ethnic nationalities and has a good rapport with the N.L.D..."
Language: English
Source/publisher: "LawKa PaLa - Legal Journal on Burma" - No. 22 (December 2005) - Burma Lawyers' Council (BLC)
Format/size: pdf (77K)
Date of entry/update: 21 June 2018


Title: Law, Morality and Justice
Date of publication: December 2005
Description/subject: ''On the definition of “Law “, the author has quoted Holland, Woodron Wilson.Regarding rules of natural future the author sayes two: nemo Judex is Causa Sua (nobody is to be Judge in his own cause) and audi alteram partem (hear the other side, the parties are be given a fair hearing.) The question is the S.P.D.C is violator of both these rules and author makes no comment on these. For e.g. under State Protection Law, activists are put under detention by Security Board under Home Ministry. The dentening authority is the Home Ministry and decision made of detention is by the same body. It is judge of its own cause. About fair hearing, almost all trials are held in secrecy and hardly there is right of defense. The article is flawed as these fundamentals have not been brought out...''
Author/creator: U Ba Kyaing
Language: English
Source/publisher: "LawKa PaLa - Legal Journal on Burma" - No. 22 (December 2005) - Burma Lawyers' Council (BLC)
Format/size: pdf (91K)
Date of entry/update: 21 June 2018


Title: Political Offences in Burma
Date of publication: December 2005
Description/subject: "This publication is produced for the purpose of raising awareness of the legal situation regarding political prisoners in Burma. Around 1100 political prisoners are being detained in Burma under various political offence laws. Burma has a long history of the use of political offences, and a number of these are still on the statute books from the days of British colonialism, such as the offence of high treason. These have also been supplemented by the SPDC’s political offences laws, such as the State Protection Law..."
Author/creator: B.K.Sen
Language: English
Source/publisher: "LawKa PaLa - Legal Journal on Burma" - No. 22 (December 2005) - Burma Lawyers' Council (BLC)
Format/size: pdf (165K)
Date of entry/update: 21 June 2018


Title: The Administration of Justice and Court Procedure in Myanmar
Date of publication: December 2005
Description/subject: "This article is published verbatim with comments at the end of each theme. This will be a fair appraisal and enable readers to understand the mindset of the so-called legal reformers inside the junta ruled country..."
Author/creator: U Ba Kyaing
Language: English
Source/publisher: "LawKa PaLa - Legal Journal on Burma" - No. 22 (December 2005) - Burma Lawyers' Council (BLC)
Format/size: pdf (121K)
Date of entry/update: 21 June 2018


Title: U.N. Hears Case against Burma
Date of publication: December 2005
Description/subject: "Former Czech President Vaclav Havel and Nobel Laureate Desmond Tu Tu international notables have in their Report appealed to the UN Security Council (UNSC) for taking immediate action against Burma’s Junta. The report captioned “Threat to Peace. A Call for the UN Security Council to Act in Burma.” The report says the ongoing military dictatorship in Burma constitutes a potential threat to Southeast Asian Solidarity..."
Language: English
Source/publisher: "LawKa PaLa - Legal Journal on Burma" - No. 22 (December 2005) - Burma Lawyers' Council (BLC)
Format/size: pdf (74K)
Date of entry/update: 21 June 2018


Title: Six Migrant Workers Murder Case and Legal Status Issue of Burmese Migrant Workers in Thailand.
Date of publication: 29 September 2005
Description/subject: "On September 29, 2005, Thai Court in Maesod, Tak Province, sentenced death penalty to four accused - Mae-pa village headman and three others, local security officials - for they killed six Burmese migrant workers in 2003. This may be the first time in history of Thailand that Thai authorities were prosecuted for crimes they have committed against Burmese migrants, reducing a sense of impunity for those who commit crimes against Burmese nationals. It may also be a proof that justice can be sought within the existing legal and judicial system of Thailand which Thai nationalities can be proud of..."
Author/creator: U Aung Htoo
Language: English
Source/publisher: "LawKa PaLa - Legal Journal on Burma" - No. 22 (December 2005) - Burma Lawyers' Council (BLC)
Format/size: pdf (114K)
Date of entry/update: 21 June 2018


Title: Daw Aung San Suu Kyi
Date of publication: 27 September 2005
Description/subject: "Previous one-year detention order of Daw Aung San Suu Kyi under State Protection Law expired on November 27, 2005. Suu Kyi has spent 10 of the past 16 years in detention in house arrest. She was last taken into custody on May 30, 2003 after her motor cade was attacked by a pro-junta group with a gathered mob as she was making a political tour of northern Burma. She was held first by the military and later transferred to house arrest after undergoing an operation at a hospital in Rangoon..."
Language: English
Source/publisher: "LawKa PaLa - Legal Journal on Burma" - No. 22 (December 2005) - Burma Lawyers' Council (BLC)
Format/size: pdf (73K)
Date of entry/update: 21 June 2018


Title: Democracy will come to China - in 25 years
Date of publication: 13 September 2005
Description/subject: "China’s peaceful rise necessitates a “cultural revival”, democratic politics and the creation of a gently harmonious society Zhang Bijian is a close associate and adviser to Chinese President Hu Jintao. When Hu was director of the Central Party School, where much of the Communist Party’s ideas are shaped, just before becoming China’s president, Zhang was vice diretor. Since Hu came to power, Zhang has headed the China Reform Forum, a government-affiliated think tank that has been working to ensure China’s rise in the golbal community will be peaceful. He spoke to Jehangir S.Pocha, Global Viewpoint’s Beijing correspondent, in Beijing..."
Language: English
Source/publisher: "LawKa PaLa - Legal Journal on Burma" - No. 22 (December 2005) - Burma Lawyers' Council (BLC)
Format/size: pdf (102K)
Date of entry/update: 21 June 2018


Title: Position Paper of the Constitutional Committee on the Revelations of the People’s Aspirations
Date of publication: August 2005
Description/subject: "The Burma Lawyers’ Council (BLC) is an organization that publishes journals and booklets, provides training for the public, conducts workshops and educational sessions and also broadcasts radio programs, in regards to constitutional affairs throughout its work. The BLC consistently aims to promote and explain the constitutional drafting process to the people of Burma..."
Language: English
Source/publisher: "LawKa PaLa - Legal Journal on Burma" - No. 21 (August 2005) - Burma Lawyers' Council (BLC)
Format/size: pdf (65K)
Date of entry/update: 22 June 2018


Title: Sectional Presentation for Systematic Revelation
Date of publication: August 2005
Description/subject: "To establish freedom, peace and justice in a society, the rule of law is of paramount importance. Currently, there is no rule of law in Burma. In every country, having produced a constitution, the government itself is to obey it. The declaration of rules, laws and orders, which are contrary to the constitution, should be prohibited. For instance, Chapter 11 of the 1974 Constitution of the Union of Socialist Republic of Burma recognizes “The fundamental rights and duties of the citizens”. Furthermore, it is enshrined in section 159 (A) of this chapter that “The personal liberty and security of every citizen shall be guaranteed,” and in section (159) (B) that “Without the permission of the relevant judiciary, a citizen should not be kept in custody for more than 24 hours”. In reality, officials appointed by the Burmese Socialist Program Party (BSPP) can arrest and extend the detention periods of suspected persons at any time without sound proof. This case clearly demonstrates violations of the constitution and the absence of rule of law..."
Language: English
Source/publisher: "LawKa PaLa - Legal Journal on Burma" - No. 21 (August 2005) - Burma Lawyers' Council (BLC)
Format/size: pdf (182K)
Date of entry/update: 22 June 2018


Title: The Brief History of the Emergence of Burmese Constitutions
Date of publication: August 2005
Description/subject: "To date, there have been two constitutions in effect in Burma; one was drawn up in 1947 and lasted from 1948 to 1962, and the other one was produced in 1974 and lasted from 1974 to 1988..."
Language: English
Source/publisher: "LawKa PaLa - Legal Journal on Burma" - No. 21 (August 2005) - Burma Lawyers' Council (BLC)
Format/size: pdf (65K)
Date of entry/update: 22 June 2018


Title: The Constitution, People’s Aspirations and Participation
Date of publication: August 2005
Description/subject: "In order that the constitution accurately reflects the people’s needs, it is the belief of the CCPRA, that people should be provided with the opportunity to say what rights they would like, which authorities they think should be vested in the government, and how to best prevent the abuse of power by the state within a federal government. Only when a constitution is drafted, based upon the people’s wishes and demands, will the people trust that their nation’s constitution protects them and their rights. Only then will people be willing to make sacrifices in order to protect the constitution; which will eventually lend support and lead to the development of a free, peaceful, justice and developed civil society..."
Language: English
Source/publisher: "LawKa PaLa - Legal Journal on Burma" - No. 21 (August 2005) - Burma Lawyers' Council (BLC)
Format/size: pdf (79K)
Date of entry/update: 22 June 2018


Title: Work Schedule of the Emergence of the Constitution
Date of publication: August 2005
Description/subject: "The parliamentary members of the National League for Democracy (NLD), which won more than 82% of the total seats in the 1990 multiparty general election, gathered at Gandhi hall in Kyauktadar Township, Rangoon, on the 28th and 29th of July, 1990. They discussed the general affairs of the state, the calling of people’s parliament for the benefit of the people and unanimously decided and announced the “Gandhi Hall Declaration”... In this declaration concerning the transfer of power in accordance with the law (or) the power in accordance with the law, NLD had already drafted the constitution..."
Language: English
Source/publisher: "LawKa PaLa - Legal Journal on Burma" - No. 21 (August 2005) - Burma Lawyers' Council (BLC)
Format/size: pdf (77K)
Date of entry/update: 22 June 2018


Title: BRIEF SURVEY OF DEVELOPMENT OF LAWS IN BURMA
Date of publication: April 2005
Description/subject: "The legal system of a country usually accommodates with the changes of its political, administrative and economic systems. Where such system is changed into a new system, existing laws which are not consistent with the system are repealed, their entry into force is ceased, they are amended and they are inserted. Existing laws which are not inconsistent with the new system continue to be applicable. But those changes can be repealed if they are not in conformity with the changing situations. Therefore, in studying the legal history of a country her political, administrative and economic history cannot be excluded. This article will touch how the laws have changed from the era of Burma kings up to the present day with a brief background of Burma’s history..."
Language: English
Source/publisher: "LawKa PaLa - Legal Journal on Burma" - No. 20 (April 2005) - Burma Lawyers' Council (BLC)
Format/size: pdf (548K)
Date of entry/update: 22 June 2018


Title: Burma’s Junta Combating Corruption?
Date of publication: April 2005
Description/subject: "The “complete explanation on the developments in the Country, given by General Thura Shwe Mann, member of the State Peace and Development Council, Lt. Gen. Soe Win, Prime Minister, and Secretary 1, Lt. Gen. Than Shwe, chairman of the National Convention Convening Commission, on October 24, 2004" were received with cynicism in many circles. They related to the sacking of Prime Minister, Khin Nyunt ,and dismantling of the entire structure of Military Intelligence. The explanations given were that rampant corruption had pervaded the organization from top to bottom.* Annex 1. Although motives have been attributed to these actions, the abominable levels of corruption in the Country is utterly genuine. It has been long talked of that the Junta leaders and their families are deeply involved in economic activities, that there has been lack of probity in all walks of life is not a secret. Total absence of major public reforms eludes the public administration. The anti-graft strategy by the Junta has been followed by formal legal actions against the perpetrators and no more..."
Author/creator: B.K. Sen
Language: English
Source/publisher: "LawKa PaLa - Legal Journal on Burma" - No. 20 (April 2005) - Burma Lawyers' Council (BLC)
Format/size: pdf (572K)
Date of entry/update: 22 June 2018


Title: Current Legislations in Myanmar against AIDS
Date of publication: April 2005
Description/subject: "spread of HIV/AIDS. In Myanmar, there are some provisions of laws regarding the prevention of the lethal disease." And in conclusion it states "It can be noted that no specific law relating to HIV/AIDS is required because, according to section 21(a) and (b), the Ministry of Health may make necessary rules and procedures or issue orders and directives in combating the HIV/AIDS spread."..."
Language: English
Source/publisher: "LawKa PaLa - Legal Journal on Burma" - No. 20 (April 2005) - Burma Lawyers' Council (BLC)
Format/size: pdf (451K)
Date of entry/update: 22 June 2018


Title: Evolution of Law and Legal Concept in Burma: Challenges at the Transition
Date of publication: April 2005
Description/subject: "This paper examines some important historical documents and books dating back to publications of the late 1700s mostly written about the accounts of the early Burmese society. Early westerners, who arrived in Burma as missionaries and later as merchants and diplomatic appointees especially by the British India government, have recorded their own account of Burma as they saw it. In addition, cholarly works written in the period after Burma’s independence in 1948 by the Burmese and western historians are also examined. The purpose of this paper is two fold: (1) to interpret and analyze the conceptual unfolding of law in the context of Burmese Dhammathats as well as the traditional social and cultural elements; and (2) to analyze the current state of challenges at the transition..."
Author/creator: Tun Myint
Language: English
Source/publisher: "LawKa PaLa - Legal Journal on Burma" - No. 20 (April 2005) - Burma Lawyers' Council (BLC)
Format/size: pdf (598K)
Date of entry/update: 22 June 2018


Title: LEGAL COMMENTARY Kafkaism rules Burma judiciary
Date of publication: April 2005
Description/subject: "Burma celebrated its 57th Independence Day on January 4, 2005. There was a lot of back-patting, mutual backscratching and "pride in race and country" talk by the ruling military junta. The Burmese people found nothing to celebrate. They live in a lawless land which has been struck by the tsunami of illegality since 1962 when the army took power. Many organisations and writers have documented the lawlessness. One of the most prominent bodies which strongly opposes unjust and oppressive laws in Burma is the Burma Lawyers' Council (BLC). It is headquartered in Thailand, with branches there and an overseas office in New Delhi, India..."
Author/creator: Muhammad Yusuf
Language: English
Source/publisher: "LawKa PaLa - Legal Journal on Burma" - No. 20 (April 2005) - Burma Lawyers' Council (BLC)
Format/size: pdf (513K)
Date of entry/update: 22 June 2018


Title: New wave of democratic struggles - reflections on Burma
Date of publication: April 2005
Description/subject: "After the third wave of the movement for democracy from authoritarian rule, almost a decade passed, when a lull came in. It was a lull before a storm. Vibrant movements began, beginning with Georgia and encompassing a large number of countries, culminating in Kyrgystan. The focus is on restoration of Rule of Law, the overthrow of the tyrants and establishment of constitutional rule. Even in the quiet Islamic countries like Egypt, Lebanon and Palestine a new stir is discernible. In the eighties when the democratic wave was unleashed by Poland, Burma had already pioneered 8.8.88 uprising although it did not meet with success..."
Language: English
Source/publisher: "LawKa PaLa - Legal Journal on Burma" - No. 20 (April 2005) - Burma Lawyers' Council (BLC)
Format/size: pdf (455K)
Date of entry/update: 22 June 2018


Title: News And Notes
Date of publication: April 2005
Description/subject: "On 16.8.04, the NLD leaders went to the Supreme Court to file a petition under Section 45 of the Special Relief Act. It related to getting reliefs against the unlawful activities of SPDC, to release Daw Aung San Suu Kyi, her deputy Tin Oo and to reopen party offices. Usually, the petition has to be accompanied with an affidavit setting out all the facts of the case. The Commissioner of Oaths, the authorised person, was approached. Strangely he refused to administer oath to the petitioner as required under Oaths Act. He stated that section 8 of the Act disables him to administer Oath..."
Language: English
Source/publisher: "LawKa PaLa - Legal Journal on Burma" - No. 18 (August 2004) - Burma Lawyers' Council (BLC)
Format/size: pdf (80K)
Date of entry/update: 23 June 2018


Title: 2004 AMERICAN PRESIDENTIAL ELECTION;WIN, LOSS OR DRAW FOR RULE OF LAW IN BURMA
Date of publication: December 2004
Description/subject: "The question of whether the United States 2004 election result is a positive or negative event in regards to the restoration of the Rule of Law in Burma is a mixed bag. From the perspective of the Democracy Movement in Burma there are both pros and cons to the November 2nd election results which must be carefully weighted in order to answer this question..."
Language: English
Source/publisher: "LawKa PaLa - Legal Journal on Burma" - No. 19 (December 2004) - Burma Lawyers' Council (BLC)
Format/size: pdf (20K)
Date of entry/update: 22 June 2018


Title: A FACET OF BURMA’S CRIMINAL JUSTICE – BAIL, NOT JAIL
Date of publication: December 2004
Description/subject: ''Bail is a humane dimension of custodial justice in contrast to jail which is the harsher side of judicial confinement. Bail is the rule and judged from the philosophy of personal liberty is basic to Human Rights. So long as the presumption is of innocence in civilized criminal law, the right to bail has a better claim over judicial imprisonment. Only in those cases where justice will be defeated by the accused being enlarged can there be a denial of under trial freedom from incarceration. Indeed, the absence of this humanism in judicial practice has led to large-scale imprisonment of under trials. This is a gross injustice...''
Author/creator: B.K.Sen
Language: English
Source/publisher: "LawKa PaLa - Legal Journal on Burma" - No. 19 (December 2004) - Burma Lawyers' Council (BLC)
Format/size: pdf (96K)
Date of entry/update: 22 June 2018


Title: “The Administration of Justice and Court Procedure in Myanmar”
Date of publication: December 2004
Description/subject: "The learned writer has ably brought out the frame work of running of courts in Burma. But it is only narrative and fails to address the main issue, that the same is according to justice. Author knows that there is military rule in Burma and the administration of law has to be done in the context of the same. He is also aware of the fact that there has been lot of criticisms against the Judiciary and he should have defended the Judiciary. Just giving the frame work has no meaning, its commitment and to what extent Judiciary is fulfilling that commitment are more important. The allegation against the Judiciary is that it has become a tool to perpetuate the junta rule, that there is no separation of power and it is directly under Home Ministry..."
Author/creator: U Ba Kyaing
Language: English
Source/publisher: "LawKa PaLa - Legal Journal on Burma" - No. 19 (December 2004) - Burma Lawyers' Council (BLC)
Format/size: pdf (14K)
Date of entry/update: 22 June 2018


Title: BEYOND THE NATIONAL CONVENTION
Date of publication: December 2004
Description/subject: "The writer of the article has authored some books on Burma and is an authority in Burma affairs. The man focus of his article is on Burma’s cease-fire groups and ethnic nationalities’ struggle for self-determination. The article would have been a masterpiece had it combined the aspirations of the ethnic nationalities and the aspirations of the Burmese majority. The two are not separate as many western writers on Burma think and articulate. For the ethnic nationalities self determination means self-rule. For the Burman majority it is also self-determination which means empowerment of people at the grass root. Both are against centralization and for autonomy of the people..."
Author/creator: Ashley South
Language: English
Source/publisher: "LawKa PaLa - Legal Journal on Burma" - No. 19 (December 2004) - Burma Lawyers' Council (BLC)
Format/size: pdf (13K)
Date of entry/update: 22 June 2018


Title: BURMESE WORKERS IN A STATE OF FORCED LABOUR WITHIN AND WITHOUT BURMA
Date of publication: December 2004
Description/subject: "“What does labor want? We want more schoolhouses and less jails, more books and less arsenals, more learning and less vice, more constant work and less crime, more leisure and less greed, more justice and less revenge. In fact more of the opportunities to cultivate our better natures, to make manhood more noble, womanhood more beautiful and childhood more happy and bright.”..."
Author/creator: Jason Douglas Hoge
Language: English
Source/publisher: "LawKa PaLa - Legal Journal on Burma" - No. 19 (December 2004) - Burma Lawyers' Council (BLC)
Format/size: pdf (48K)
Date of entry/update: 22 June 2018


Title: ECONOMIC PRESSURE: THE POLITICAL CURRENCY OF THE BURMESE JUNTA. REFORM THROUGH DISENGAGEMENT
Date of publication: December 2004
Description/subject: "Arresting the systematic and widespread human rights abuses perpetrated by the Burmese military government1 against the disenfranchised and impoverished Burmese population presents as one of the more difficult challenges to the international community..."
Author/creator: Jane Carter
Language: English
Source/publisher: "LawKa PaLa - Legal Journal on Burma" - No. 19 (December 2004) - Burma Lawyers' Council (BLC)
Format/size: pdf (113K)
Date of entry/update: 22 June 2018


Title: Legal Commentary
Date of publication: December 2004
Description/subject: "Principal Act-The Rangon Police Act, Burma Act IV (15th June 1899) Section 51-three month limitiaton clause to take action for criminal acts Issue-Child Soldiers taken into the Armed Forces in violation of the law barred and/or their parents, from taking action due to Article 51 Applicable Acts-Limitations Act 1908-The Police Act 1945-Burma Interpretations Act 1948, Penal Code 1948 as amended 1954-Criminal Procedures Code 1948 as amended 1954-Burma Army Act 1948 as amended 1960, , and the Convention on the Rights of the Child accession 1991-the Child Law 1993..."
Author/creator: Janelle Saffin
Language: English
Source/publisher: "LawKa PaLa - Legal Journal on Burma" - No. 19 (December 2004) - Burma Lawyers' Council (BLC)
Format/size: pdf (23K)
Date of entry/update: 22 June 2018


Title: News And Notes
Date of publication: December 2004
Description/subject: "All the above detentions demonstrate a pattern in Junta’s handling of Daw Aung San Suu Kyi. On the eve of all important events which shaped Burma’s political history for the past decade, she had been put under house arrest. Not only was she denied any role, she was totally cut off from the main stream of events. According to Junta, she is a “danger”, but it does speak of the magnitude of her potentiality. One person alone can change the fate of Junta! Fine, keep her under detention life long and the Junta hopes to be in power life long. Junta has released the legendry figure Min Ko Naing. What is the logic then to keep Daw Aung San Suu Kyi in detention?..."
Language: English
Source/publisher: "LawKa PaLa - Legal Journal on Burma" - No. 19 (December 2004) - Burma Lawyers' Council (BLC)
Format/size: pdf (24K)
Date of entry/update: 22 June 2018


Title: WHERE IS BURMA HEADING?
Date of publication: December 2004
Description/subject: "After forty years of the Burma military in power, there are at least two things that remain unchanged: whether the members of the ruling group rose through the ranks and Officers Training School (OTS) or through appointment to and training at the Defense Services Academy (DSA), both produced officers who were considered hardliners and moderates. While Generals Ne Win and Than Shwe were seen as hardliners, those who served closely under them represented both groups..."
Author/creator: Josef Silverstein
Language: English
Source/publisher: "LawKa PaLa - Legal Journal on Burma" - No. 19 (December 2004) - Burma Lawyers' Council (BLC)
Format/size: pdf (37K)
Date of entry/update: 22 June 2018


Title: Press briefings October 22, 2004 on Khin Nyunt
Date of publication: 22 October 2004
Description/subject: "Burma’s glorified Prime Minister Gen Khin Nyunt and the Home Minister along with a few others were sacked in a recent sudden purge. Many from the top Military Intelligence met with the same fate. In fact all Khin Nyunt loyalists have been swept away totally, 186. In appearance it is of course a big shake-up. There is rejoicing in the Burmese public that the spy-master has gone although, Sr. Gen Than Shwe, the prime enemy of pro-democracy opposition has consolidated his power. The fact is that both Khin Nyunt and Than Shwe are against restoration of Rule of Law and the differences between the two – euphemistically called “Power Struggle” - were only in approach to consolidation of military power. The former preferred a line to contain opposition and the latter advocated a line of stand–off..."
Language: English
Source/publisher: "LawKa PaLa - Legal Journal on Burma" - No. 19 (December 2004) - Burma Lawyers' Council (BLC)
Format/size: pdf (19K)
Date of entry/update: 22 June 2018


Title: A Brief Analysis On The Judiciary Of Burma
Date of publication: August 2004
Description/subject: "“The importance of judiciary in political construction is rather profound than prominent. On the one hand in popular discussion of forms and changes of government, the judicial organ often drops out of sight: On the other hand, in determining a nation’s rank in political civilization, no test is more decisive than the degree in which justice as defined by the law, is actually realized in its judicial administration, both as between one private citizen and another, and as between private citizens and members of government”..."
Language: English
Source/publisher: "LawKa PaLa - Legal Journal on Burma" - No. 18 (August 2004) - Burma Lawyers' Council (BLC)
Format/size: pdf (194K)
Date of entry/update: 23 June 2018


Title: “Family Law of Thailand”
Date of publication: August 2004
Description/subject: "University has a very important role to play in educating the nation about family law in Thailand. The urgency of this issue has increased due to mounting tourism and rapid globalization. Family is the one institution which barbarism in human history had failed to destroy. It has survived the twists, turns, storms and stresses of history. It is more important in failed societies where families have broken up, large displacement has upturned the roots, children and women have become grave victims of the sex trade, human trafficking and even H.I.V..."
Author/creator: Wimolsiri Jamanarnwej
Language: English
Source/publisher: "LawKa PaLa - Legal Journal on Burma" - No. 18 (August 2004) - Burma Lawyers' Council (BLC)
Format/size: pdf (81K)
Date of entry/update: 23 June 2018


Title: Burmese Migrant Workers (A Question of Human Rights)
Date of publication: August 2004
Description/subject: "It is estimated that the number of Burmese migrants in Thailand is more than one million. Cross border migration into Thailand from Burma has been steadily increasing. Simultaneously, the Thai government has been passing regulation after regulation permitting Thai companies to employ foreign labor including registration of undocumented migrants in authorized sectors. Migrants have swelled into the roles of domestic servants and sex workers. In addition, human trafficking, drug dealers, child labor are other repulsive features of migration..."
Language: English
Source/publisher: "LawKa PaLa - Legal Journal on Burma" - No. 18 (August 2004) - Burma Lawyers' Council (BLC)
Format/size: pdf (54K)
Date of entry/update: 23 June 2018


Title: Case of Nine Innocent Persons Condemned to Death
Date of publication: August 2004
Description/subject: "Sometime last year, 9 persons were charged with high treason under Section 122 (1) of the Penal Code, High Treason, for having carried out activities against the security of the State. The case, Criminal Trial No. 111/2003 of the District Court of Northern Yangon, was tried by the Special Court in Insein Jail where members of the public could not be present. The judgment was delivered on November 24, 2003. Section 122 (1) is a case of high treason against the State..."
Language: English
Source/publisher: "LawKa PaLa - Legal Journal on Burma" - No. 18 (August 2004) - Burma Lawyers' Council (BLC)
Format/size: pdf (98K)
Date of entry/update: 23 June 2018


Title: JUDICIARY & SOCIAL JUSTICE
Date of publication: August 2004
Description/subject: "Burma has a population of 52 million people. Eighty percent are Buddhists and the remaining are Christians and Muslims. All these religions command that every citizen shall be compassionate toward all living creatures. Compassion means that there will be no vulgarity, violence, immorality, brutality, where each shall share and care for the rest of his or her community..."
Author/creator: B. K. Sen
Language: English
Source/publisher: "LawKa PaLa - Legal Journal on Burma" - No. 18 (August 2004) - Burma Lawyers' Council (BLC)
Format/size: pdf (131K)
Date of entry/update: 23 June 2018


Title: Preface
Date of publication: August 2004
Description/subject: "An examination of the Burmese Judiciary is a suitable topic for analysis by jurists rather than by activists or political scientists. This article is an attempt to highlight the important role of judiciary with the current political background of Burma where the National League for Democracy (NLD) and a number of common people have started to apply the judicial system. For instance, by filing law suits against the military authorities for the release of Daw Aung San Suu Kyi and opening of NLD’s offices, in order to protect the rights of individuals as well as a political party, in conjunction with the mass movement such as the signature campaign..."
Language: English
Source/publisher: "LawKa PaLa - Legal Journal on Burma" - No. 18 (August 2004) - Burma Lawyers' Council (BLC)
Format/size: pdf (50K)
Date of entry/update: 23 June 2018


Title: Reflection on the National Convention (The road map in Burma)
Date of publication: August 2004
Description/subject: "The National Convention is targeted to design the future constitution of Burma. By and large, the constitution evolves as the result of interactions of various forces of the society. The Constitution making process is vital to the evolution of the constitution. The more the process is participatory, the more it is debated, there is increasing probability of the evolution of a durable, sustainable and democratic constitution..."
Language: English
Source/publisher: "LawKa PaLa - Legal Journal on Burma" - No. 18 (August 2004) - Burma Lawyers' Council (BLC)
Format/size: pdf (88K)
Date of entry/update: 23 June 2018


Title: Freedom of Expression and Transition away from Authoritarian Rule
Date of publication: April 2004
Description/subject: "The article Media Law now named in this article Freedom of Expression is reproduction of the presentation made in media seminar sponsored by (Internews) in 2003. The resource person was esteemed Prof. Fowler. It is published in this journal in the context of serious situation prevailing in Burma. Freedom of Expression is the key step in the ongoing road map. All steps worked out in the road map for transition will be redundant without this first step. “Abrogate the "The Printers and Publishers Registration Act, 1962 [Revolutionary Council Law, No. 26]”..."
Author/creator: B.K. Sen
Language: English
Source/publisher: "LawKa PaLa - Legal Journal on Burma" - No. 17 (April 2004) - Burma Lawyers' Council (BLC)
Format/size: pdf (134K)
Date of entry/update: 26 June 2018


Title: Human Rights Norms in Burmese Society
Date of publication: April 2004
Description/subject: "Certain human rights norms exist in Burmese society. Human rights violations occurring in Burma would not have happened if there was greater opportunity for these human rights norms to be upheld or practiced. To understand this problem it is necessary to study the source of the norms before considering why the norms haven’t been respected..."
Author/creator: Khin Maung Win
Language: English
Source/publisher: "LawKa PaLa - Legal Journal on Burma" - No. 17 (April 2004) - Burma Lawyers' Council (BLC)
Format/size: pdf (237K)
Date of entry/update: 26 June 2018


Title: Impunity and Judicial Independence
Date of publication: April 2004
Description/subject: "Impunity means the impossibility of bringing the perpetrators of human rights violations to account... Impunity arises from a failure by States to meet their obligations to investigate violations...[and a failure] in respect of the perpetrators...[to] ensure that they are prosecuted, tried and duly punished...."
Author/creator: John Southalan
Language: English
Source/publisher: "LawKa PaLa - Legal Journal on Burma" - No. 17 (April 2004) - Burma Lawyers' Council (BLC)
Format/size: pdf (383K)
Date of entry/update: 26 June 2018


Title: Moving In Two Directions: Where Is Burma Headed?
Date of publication: April 2004
Description/subject: "The year, 2003, will be remembered for two events: the Depayin massacre and the Burma road map. In May, the junta permitted Daw Aung San Suu Kyi and members of her party to travel into northern Burma and engage in political activity; then, on May 30, as her party was peacefully returning to Rangoon, it was viciously attacked. The military rulers offered an unbelievable and unacceptable explanation of what had occurred. They accused the victims, Daw Aung San Suu Kyi and members of her party, the National League for Democracy (NLD), of initiating the attack to which the people who support the government retaliated..."
Author/creator: Josef Silverstein
Language: English
Source/publisher: "LawKa PaLa - Legal Journal on Burma" - No. 17 (April 2004) - Burma Lawyers' Council (BLC)
Format/size: pdf (142K)
Date of entry/update: 26 June 2018


Title: "Regime change" Burma and Iraq
Date of publication: December 2003
Description/subject: "“Regime Change” in Iraq as enunciated by US President George W. Bush has raised lot of debate and controversy. However it has provided an interesting case study in law specially in the context of Burma. US case was that Iraq regime was a threat to world peace arising out of Sadam Hussein’s refusal to allow inspection of alleged nuclear/chemical installations..."
Language: English
Source/publisher: "LawKa PaLa - Legal Journal on Burma" - No. 13 (December 2002) - Burma Lawyers' Council (BLC)
Format/size: pdf (153K)
Date of entry/update: 29 June 2018


Title: Acknowledgement
Date of publication: August 2003
Description/subject: "The Ad hoc Commission would like to express its sincere gratitude to the following organizations and individuals for their kind contribution to this report..."
Language: English
Source/publisher: "LawKa PaLa - Legal Journal on Burma" - No. 15 (August 2003) - Burma Lawyers' Council (BLC)
Format/size: pdf (15K)
Date of entry/update: 27 June 2018


Title: Victims of Depayin Massacre (Pictures)
Date of publication: August 2003
Language: English
Source/publisher: "LawKa PaLa - Legal Journal on Burma" - No. 15 (August 2003) - Burma Lawyers' Council (BLC)
Format/size: pdf (60K)
Date of entry/update: 27 June 2018


Title: Formation of Ad hoc Commission on Depayin Massacre
Date of publication: 25 June 2003
Description/subject: "The National Council of the Union of Burma and the Burma Lawyers' Council have formed a commission on June 25, 2003 to jointly deal with the alleged assassination attempt against the leaders of the National League for Democracy, including Nobel Peace Laureate Daw Aung San Suu Kyi, with the following programmes..."
Language: English
Source/publisher: "LawKa PaLa - Legal Journal on Burma" - No. 15 (August 2003) - Burma Lawyers' Council (BLC)
Format/size: pdf (16K)
Date of entry/update: 27 June 2018


Title: Affidavits of the Eyewitnesses on Depayin Massacre (Burma)
Date of publication: 30 May 2003
Description/subject: "I am a citizen of Burma, holding National Identification Card No-9/MCS- (N) 003840. I was born on March 16, 1977. My parents are U Kyaw Maung and Daw Tin Win. I live in Htundone Myo Thit, Chan Mya Thar Zi Township, Mandalay. I make this affidavit in support of my statement on Depayin Massacre, Burma, took place on May 30, 2003..."
Language: English
Source/publisher: "LawKa PaLa - Legal Journal on Burma" - No. 15 (August 2003) - Burma Lawyers' Council (BLC)
Format/size: pdf (112K)
Date of entry/update: 27 June 2018


Title: Appendix III - The list of the victims of Depayin Massacre48
Date of publication: 30 May 2003
Description/subject: "The Depayin Massacre that took place on May 30, 2003 is as particular as it was different from other crimes that have occurred in Burma previously. It was a wellorganized heinous crime, committed by about 5,000 perpetrators under the direct control of the authorities against unarmed civilians including a Nobel Peace Laureate, her supporters and other several innocent people. This attacked was perpetrated with complete impunity as it was publicly committed while the international community was closely monitoring the organizing tour of Daw Aung San Suu Kyi, a charismatic leader of the election winning party the National League for Democracy, who has been gaining enormous support of the people. The objective of the authorities in committing such an atrocious crime is to deny the 1990 May election result once and for all by gravely intimidating the whole people..."
Language: English
Source/publisher: "LawKa PaLa - Legal Journal on Burma" - No. 15 (August 2003) - Burma Lawyers' Council (BLC)
Format/size: pdf (242K)
Date of entry/update: 27 June 2018


Title: Explanatory Statement of the Ad hoc Commission
Date of publication: 30 May 2003
Description/subject: "The alleged assassination attempt against the leaders of the National League for Democracy, including Nobel Peace Laureate Daw Aung San Suu Kyi and U Tin Oo, the deputy Chairman of the NLD, took place near Kyi village, Depayin township, Shwe Bo District, Sagaing Division, Burma at about 8:00 p.m on May 30, 2003. In spite of the fact that Daw Aung San Suu Kyi and U Tin Oo escaped from that killing field, it is confirmed that some leaders of the NLD, its many members and sympathizers were massacred. Many supporters were injured; and, unaccountable numbers of people disappeared..."
Language: English
Source/publisher: "LawKa PaLa - Legal Journal on Burma" - No. 15 (August 2003) - Burma Lawyers' Council (BLC)
Format/size: pdf (79K)
Date of entry/update: 27 June 2018


Title: Translation of interview with Zaw Zaw Aung, head of NLD Youth Wing, Mandalay Division about the brutal attack on May 30, 2003.
Date of publication: 30 May 2003
Description/subject: "He was together with Daw Aung San Suu Kyi when they were attacked..."
Language: English
Source/publisher: "LawKa PaLa - Legal Journal on Burma" - No. 15 (August 2003) - Burma Lawyers' Council (BLC)
Format/size: pdf (27K)
Date of entry/update: 27 June 2018


Title: Statement of Ko Aung Aung from Democratic Party for New Society
Date of publication: 28 May 2003
Description/subject: "When Daw Suu requested me to repair the car during the break-time on 28 May 2003, I registered the car at the workshop, accompanied by NLD Headquarters (Youth) members named Ko Thet Htun, Ko Myint, Ko Khin Oo, Ko Htun Zaw Zaw. In the evening on the same day, in accordance with Daw Suu's request, Ko Tin Htun Oo and Ko Htun Zaw Zaw needed to follow to Monywa. But nevertheless Daw Suu told me not to follow up their principles because I was not an NLD member. I wore plain dress and went ahead as an indicator on the way to Monywa on 29 May 2003..."
Language: English
Source/publisher: "LawKa PaLa - Legal Journal on Burma" - No. 15 (August 2003) - Burma Lawyers' Council (BLC)
Format/size: pdf (25K)
Date of entry/update: 27 June 2018


Title: CRIMINAL CASE FOR A CAUSE India’s Democracy on Trial: The Government of India versus Ko Soe Myint & One
Date of publication: April 2003
Description/subject: "The concept of a criminal case relates to the nature of the crime and the punishment assessed for the commission of said crime. Crime has no fixed definition except for what the law prescribes. An act committed in exercise of the right of private defense, in causing injury or death of the aggressor, falls within the broad definition of “crime.” In the colonial days predating Burma’s nationhood, criticism of the government amounted to a crime, as did the non-violent resistance to a policeman’s barraging of bullets amongst an innocent population. Indeed, the case of a youth that vindicates his dissatisfaction of the government by hijacking an aircraft is considered a crime of serious nature. One man’s hijacker is another man’s freedom fighter..."
Author/creator: B.K. Sen and Thein Oo
Language: English
Source/publisher: "LawKa PaLa - Legal Journal on Burma" - No. 14 (April 2003) - Burma Lawyers' Council (BLC)
Format/size: pdf (122K)
Date of entry/update: 28 June 2018


Title: Institutional Legal Aid: Trends and Challenges in the Asian Region
Date of publication: April 2003
Description/subject: "The provision of legal aid for the poor, especially in criminal cases, is a universal feature of modern legal systems. It is founded on the general principle that everyone must have access to justice. In the conception of modern democratic societies, everyone has the right to the equal protection of the laws, and poverty cannot be regarded as providing a reason for defeating or diluting this entitlement..."
Author/creator: Peter B. Payoyo, LL.M., Ph.D.
Language: English
Source/publisher: "LawKa PaLa - Legal Journal on Burma" - No. 14 (April 2003) - Burma Lawyers' Council (BLC)
Format/size: pdf (209K)
Date of entry/update: 28 June 2018


Title: Interview With President of the Karenni State Khu Bya Reh
Date of publication: April 2003
Language: English
Source/publisher: "LawKa PaLa - Legal Journal on Burma" - No. 14 (April 2003) - Burma Lawyers' Council (BLC)
Format/size: pdf (127K)
Date of entry/update: 28 June 2018


Title: Need for Legal Aid Law in Burma: Problems and Prospects
Date of publication: April 2003
Description/subject: "The gross violation of human rights is a prominent concern in the current military-ruled Burma. As a direct result of these violations, hundreds of activists have fled the country in search of safer environs. Thousands of peaceful villagers have migrated to Thailand and other border countries to escape the forced labor which has brought Burma to the verge of expulsion from the august body of the International Labor Organization (ILO)..."
Author/creator: B.K. Sen
Language: English
Source/publisher: "LawKa PaLa - Legal Journal on Burma" - No. 14 (April 2003) - Burma Lawyers' Council (BLC)
Format/size: pdf (166K)
Date of entry/update: 28 June 2018


Title: Some Thoughts On The Special Rapporteur Paulo Pinheiro And His 2002 Final Report To The UN Human Rights Commission.
Date of publication: April 2003
Description/subject: "As the Special Rapporteur, Paulo Sergio Pinheiro, began his 2003 factfinding mission in Burma, he carried with him “harsh” criticism of his last report by U Lwin, spokesman for the National League for Democracy and similar comments made by others. He saw both Gen. Khin Nyunt and Daw Aung San Suu Kyi early in his visit and although there were no published accounts of what was discussed, it can be assumed that the criticism of his last report was raised..."
Author/creator: Josef Silverstein
Language: English
Source/publisher: "LawKa PaLa - Legal Journal on Burma" - No. 14 (April 2003) - Burma Lawyers' Council (BLC)
Format/size: pdf (145K)
Date of entry/update: 28 June 2018


Title: The 1973 Interpretation of Expressions Law
Date of publication: April 2003
Description/subject: "The Interpretation of Expressions Law (Law no. 22/73) was enacted by the Revolutionary Council of the Union of Myanmar on May 12, 1973. Regarded as a modern revision of The Burma General Clauses Act (1898), which continued to be in use after independence, the Expressions Law relates to the definitions of powers, functionaries and provisions for orders and rules made under enactments..."
Language: English
Source/publisher: "LawKa PaLa - Legal Journal on Burma" - No. 14 (April 2003) - Burma Lawyers' Council (BLC)
Format/size: pdf (78K)
Date of entry/update: 28 June 2018


Title: The Bank Run in Burma…A Legal Issue
Date of publication: April 2003
Description/subject: "The Junta’s move from a planned economy to the free market has been beset with formidable obstacles. The transition process is wrenching and complicated, and the state is uncertain of how much reform it must tolerate. The conflict is compounded by the repression of investigative media, which acts as a multi-faceted watchdog for sound development. Yet in Burma, freedom of expression continues to be suppressed by the government- run Press Scrutiny Board (GSB), regularly cutting news stories to divert public attention from national crises. In instituting any type of law reform, freedom of press is a fundamental need..."
Language: English
Source/publisher: "LawKa PaLa - Legal Journal on Burma" - No. 14 (April 2003) - Burma Lawyers' Council (BLC)
Format/size: pdf (82K)
Date of entry/update: 28 June 2018


Title: The Bar Council under the SPDC
Date of publication: April 2003
Description/subject: "In the law journal published by the SPDC’s Office of the Attorney General (issue no.1, 2000) there was a discussion regarding the increasing number of court cases in Burma, and the newly diversified appearance of both government and private advocates involved in the litigation process. In Burma’s legal arena, private lawyers tend to constitute higher grade leaders and advocates..."
Language: English
Source/publisher: "LawKa PaLa - Legal Journal on Burma" - No. 14 (April 2003) - Burma Lawyers' Council (BLC)
Format/size: pdf (86K)
Date of entry/update: 28 June 2018


Title: The SPDC and Burma’s Constitution
Date of publication: April 2003
Description/subject: "In his Union Day message, Junta leader General Than Shwe urged the nation “to strive in harmony for the emergence of a new State Constitution that would pave the way for the building of a new discipline— a flourishing democratic state.” Two legal issues arise from this hopeful, yet dubious, message to the nation— the type of state constitution he has in mind, and his definition of “discipline” and “a flourishing democratic state.” For the emergence of a state constitution, it is absolutely necessary for the participation of all classes, races, and nationalities. The entire population must be represented within each state, division, etc..."
Language: English
Source/publisher: "LawKa PaLa - Legal Journal on Burma" - No. 14 (April 2003) - Burma Lawyers' Council (BLC)
Format/size: pdf (121K)
Date of entry/update: 28 June 2018


Title: Unocal’s Destructive Engagement in Burmathe Lawsuit Ensues
Date of publication: April 2003
Description/subject: "Earlier this year, a San Francisco federal appeals court continued the saga of the Unocal-Yadana Pipeline case, now stretching into its 7th year of litigation. On February 14, the 9th U.S. Circuit Court of Appeals announced that it would reconsider its earlier ruling, which reinstated a lawsuit calling question to the Unocal Corporation’s involvement in the mistreatment and murder of several Burmese villagers during the pipeline’s construction. Granting Unocal’s request, a majority of the court’s 24 judges voted for a rehearing in front of an 11-judge panel..."
Author/creator: Danya Marshman
Language: English
Source/publisher: "LawKa PaLa - Legal Journal on Burma" - No. 14 (April 2003) - Burma Lawyers' Council (BLC)
Format/size: pdf (185K)
Date of entry/update: 28 June 2018


Title: Workshop on Mutual Legal Assistance and the Office of the Attorney General
Date of publication: April 2003
Description/subject: "The office of the Attorney General (hereinafter referred to OAG), under the Attorney General Law of 2001 is geared to make advancement not only in its basic conventional legal matters but also in the legal areas of the international legal arena. Such international areas and the role of the Office are interlinked. They not only form an extraordinary step forward but also an intellectual game of legal gymnastics. Thus, these areas that are undertaken throughout the years in the history of the Office, are given a new dimension through the new activities of the Office. One of such activities commenced as early as 1992..."
Author/creator: Dr. Tun Shein
Language: English
Source/publisher: "LawKa PaLa - Legal Journal on Burma" - No. 14 (April 2003) - Burma Lawyers' Council (BLC)
Format/size: pdf (106K)
Date of entry/update: 28 June 2018


Title: Anti - Human Trafficking Law In Burma - Need Of The Hour -
Date of publication: December 2002
Description/subject: "“States have a responsibility under international law to act with due diligence to prevent trafficking, to investigate and prosecute traffickers and to assist and protect trafficked persons.”.."
Author/creator: B.K. Sen
Language: English
Source/publisher: "LawKa PaLa - Legal Journal on Burma" - No. 13 (December 2002) - Burma Lawyers' Council (BLC)
Format/size: pdf (257K)
Date of entry/update: 29 June 2018


Title: “The Control of Money Laundering Law” Significance Of The Press Briefing
Date of publication: December 2002
Description/subject: "On 17 June 2002, the ruling junta enacted “The Control of Money Laundering Law” Law No. 6/2002. Far back in December 2001 the need for Money Laundering Law 1 in Burma was focused in this journal thus: “All economic activities in Burma have become instruments of drug money laundering. At least 50% of Burma’s economy is unaccounted for and extralegal: the earnings from heroin now exceed those from all of Burma’s legal exports.”..."
Author/creator: Legal Aid Section
Language: English
Source/publisher: "LawKa PaLa - Legal Journal on Burma" - No. 13 (December 2002) - Burma Lawyers' Council (BLC)
Format/size: pdf (175K)
Date of entry/update: 29 June 2018


Title: CHARTER OF LEGAL REFORM PROJECT
Date of publication: December 2002
Description/subject: "THE LEGAL PROFESSION IS A NOBLE PROFESSION So says the Law Journal’s motto. The Law Journal is a regular journal published by the Central Welfare Committee Office of the Attorney General Burma/Myanmar. We share this view of the legal profession and this project is our contribution to that noble profession..."
Author/creator: Thein Oo & Janelle Saffin
Language: English
Source/publisher: "LawKa PaLa - Legal Journal on Burma" - No. 13 (December 2002) - Burma Lawyers' Council (BLC)
Format/size: pdf (358K)
Date of entry/update: 29 June 2018


Title: Interview With Pado Man Shar
Date of publication: December 2002
Description/subject: "Pado Man Shar is the General Secretary of the Karen National Union (KNU). Following is a literal transcript of the interview he had given"
Language: English
Source/publisher: "LawKa PaLa - Legal Journal on Burma" - No. 13 (December 2002) - Burma Lawyers' Council (BLC)
Format/size: pdf (120K)
Date of entry/update: 29 June 2018


Title: Judicial Flaws Exposed, China
Date of publication: December 2002
Description/subject: "Beijing Review in its Vol. 45 No. 36, September 5, 2002 carried a news item in its Forum column. It is published verbatim and acknowledgement is duly made of its source. This is interesting as China has opened up and is serious about emergence of rule of law. Hopefully the ruling junta in Burma may draw lesson..."
Language: English
Source/publisher: "LawKa PaLa - Legal Journal on Burma" - No. 13 (December 2002) - Burma Lawyers' Council (BLC)
Format/size: pdf (178K)
Date of entry/update: 29 June 2018


Title: Sri Lanka Peace talks: Comparative Reflections on Burma
Date of publication: December 2002
Description/subject: "For those interested in democratic transition in Burma whether as activists, analysts or policy makers, there is a great need now than ever before to reconsider the legal means to push its democratic transition. Gen. Khin Nyunt had said, “Such a transition cannot be done in a haphazard manner because the world is full of examples where a hasty transition has led to unrest and instability.”..."
Language: English
Source/publisher: "LawKa PaLa - Legal Journal on Burma" - No. 13 (December 2002) - Burma Lawyers' Council (BLC)
Format/size: pdf (81K)
Date of entry/update: 29 June 2018


Title: John Doe & Others -v- Unocal Corporation & Others
Date of publication: 18 September 2002
Description/subject: "Decision of United States Court of Appeals for the Ninth Circuit 18 September 2002 The US Court of Appeal recently ruled on a procedural appeal in legal proceedings regarding human rights abuses associated with the construction of a pipeline in the Tenasserim region in southern Burma. The Court’s decision is not a final decision in the proceedings - they are still continuing with a trial to occur in the future. However, the Court’s decision is significant support for those seeking to improve human rights in Burma. The Court overturned the decision of the US District Court that the case could not be made out against Unocal, and the trial has been ordered to proceed..."
Author/creator: John Southalan
Language: English
Source/publisher: "LawKa PaLa - Legal Journal on Burma" - No. 13 (December 2002) - Burma Lawyers' Council (BLC)
Format/size: pdf (127K)
Date of entry/update: 29 June 2018


Title: Burma’s Toothless Money Laundering Law
Date of publication: August 2002
Description/subject: "Burma’s ruling junta has enacted a new “Control Money Laundering Law” (Law No 6/2002). The law’s objective, listed in chapter II, is to prevent individuals from controlling assets purchased with money from illegal exchanges. Importantly, it also maps out co-operation with international and regional organizations and neighboring countries for controlling money and property obtained by illegal means..."
Author/creator: Legal Aid Section
Language: English
Source/publisher: "LawKa PaLa - Legal Journal on Burma" - No. 12 (August 2002) - Burma Lawyers' Council (BLC)
Format/size: pdf (108K)
Date of entry/update: 30 June 2018


Title: Collapse of Transitional Strategy
Date of publication: August 2002
Description/subject: "The Israel-Palestine scenario has undergone a dramatic change. The Palestine Authority established under the mandate of the UN is being demolished. The State of Israel itself had emerged from a territory into Statehood after a grim struggle and supreme sacrifice over several decades. Ironically, its sworn rival, the Palestine Authority, coming almost on the threshold of statehood has swung back into wilderness, chaos and confusion. Out of 8 cities, 7 are under the occupation of Israel. Palestinian leader Yasser Arafat, himself, is within Israel’s grasp..."
Author/creator: B.K. Sen
Language: English
Source/publisher: "LawKa PaLa - Legal Journal on Burma" - No. 12 (August 2002) - Burma Lawyers' Council (BLC)
Format/size: pdf (82K)
Date of entry/update: 30 June 2018


Title: FOREWORD
Date of publication: August 2002
Description/subject: "This publication includes a special feature focusing on the issue of “Transitional Justice.” Burma’s military regime, the State Peace and Development Council (SPDC) has been forced to create some political space by way of agreeing to “talks” with the opposition leader. Burma is passing through a critical stage of its history. After a short period of constitutional rule (post-independence), it has been under military dictatorship for the past 40 years. Repression, coupled with the restriction of freedom and fundamental rights has not broken the spirit of the people. The 8.8.88 uprising demonstrated this invincible power..."
Language: English
Source/publisher: "LawKa PaLa - Legal Journal on Burma" - No. 12 (August 2002) - Burma Lawyers' Council (BLC)
Format/size: pdf (67K)
Date of entry/update: 30 June 2018


Title: Forgotten: Political Prisoners in the Context of Transitional Justice
Date of publication: August 2002
Description/subject: "As Burma strives for democracy, the society must facilitate a process of reconciliation by resolving divisive issues that have impeded its growth for the latter half of this century. Specifically, the crimes of humanity committed since the State Law Restoration Council (SLORC) and State Peace and Development Council (SPDC) assumed power need to be addressed and accounted for. Transitional justice refers to this process, the fair and just treatment by an incoming government of crimes committed by the previous regime..."
Author/creator: Danya Marshman
Language: English
Source/publisher: "LawKa PaLa - Legal Journal on Burma" - No. 12 (August 2002) - Burma Lawyers' Council (BLC)
Format/size: pdf (202K)
Date of entry/update: 30 June 2018


Title: International Criminal Court
Date of publication: August 2002
Description/subject: "The International Criminal Court (ICC) Statute has been signed by 139 countries and ratified by 76. USA has not ratified the Rome Treaty The treaty establishing the ICC took effect on July 1, 2002, perhaps being the most important new human rights institution in fifty years. But hopes raised in that the principle of universal justice had been established were only momentary.The USA submitted a proposal to the UN in respect of the peace-keeping mandated in Bosnia. The Security Council rejected it. Hopefully the goals of the Court— prosecuting future Poll Pots and preceptors of war crimes, genocide, and crimes against humanity, have not foundered..."
Author/creator: B.K. Sen
Language: English
Source/publisher: "LawKa PaLa - Legal Journal on Burma" - No. 12 (August 2002) - Burma Lawyers' Council (BLC)
Format/size: pdf (87K)
Date of entry/update: 30 June 2018


Title: Justice or Punishment: Forgiveness or Vengeance: Amnesty or Amnesia: Is There a Middle Path for Burma?
Date of publication: August 2002
Description/subject: "Our contribution to the topic, transitional justice, will address some key questions and considerations about Burma’s likely model of transition from its current State form of military dictatorship to that of democratic governance. We will look at the policy options generally available, commenting on their desirability, applicability, feasibility and the realpolitik that will frame decisions. It is our intention not so much as to produce a legal academic work (although we have critically reviewed much of the literature and are actively engaged in the debate), but rather to direct our observations to ways of dealing with the past in a manner that does not entrench already deep political divisions across Burmese society..."
Author/creator: Thein Oo & Janelle Saffin
Language: English
Source/publisher: "LawKa PaLa - Legal Journal on Burma" - No. 12 (August 2002) - Burma Lawyers' Council (BLC)
Format/size: pdf (288K)
Date of entry/update: 30 June 2018


Title: Ne Win’s Family Conspiracy Trial & Some Questions
Date of publication: August 2002
Description/subject: "On March 7, Ne Win’s son-in-law Aye Zaw Win, husband of his daughter Sanda Win, and three of his grand sons were arrested while dining at a Chinese restaurant with an unnamed former army commander. The charges were of planning to overthrow the military government and split the armed forces, eventually restoring the monarchy. Thus, Ne Win would be the uncrowned king with his dynasty in power for generations. The coup plan as described in court linked the kidnapping to the top three military generals on March 27..."
Author/creator: B.K. Sen
Language: English
Source/publisher: "LawKa PaLa - Legal Journal on Burma" - No. 12 (August 2002) - Burma Lawyers' Council (BLC)
Format/size: pdf (135K)
Date of entry/update: 30 June 2018


Title: Seeking Justice for Previous Human Rights Abuses and Democratic Transition in Burma
Date of publication: August 2002
Description/subject: "As a political transition unfolds after a period of violence or repression, a society is often confronted with a difficult legacy of human rights abuse. In attempting to come to terms with past crimes, both judicial and nonjudicial accountability mechanisms have been considered to seek justice for such violations..."
Author/creator: Zulma Niranda
Language: English
Source/publisher: "LawKa PaLa - Legal Journal on Burma" - No. 12 (August 2002) - Burma Lawyers' Council (BLC)
Format/size: pdf (131K)
Date of entry/update: 30 June 2018


Title: Proposed Mass Media Law
Date of publication: 17 July 2002
Description/subject: "Explanatory Statement on the Proposed Mass Media Act The Burma Lawyers’ Council is committed, from a legal perspective, to the efforts of transforming society into a just, free, peaceful and developed one. Freedom will be strengthened only when the independent Media emerges from the background of a society where the individuals are enabled to exercise the right of freedom of expression. However, we must be mindful that this freedom may need to be reasonably regulated and grounded within the framework of democratic principles; as absolute freedom of expression by people or news agencies may damage the liberty of individuals or the welfare of the society..."
Language: English
Source/publisher: "LawKa PaLa - Legal Journal on Burma" - No. 12 (August 2002) - Burma Lawyers' Council (BLC)
Format/size: pdf (125K)
Date of entry/update: 30 June 2018


Title: Brief Background of Depayin Massacre
Date of publication: 06 May 2002
Description/subject: "After her freedom from 19 months house arrest on May 6, 2002 Daw Aung San Suu Kyi began her organization trips outside of Rangoon. Her release from house arrest was unconditional and as approved by the SPDC she could freely travel throughout the country. Her first Rangoon precinct trip was to Shwe Pyi Thayar Township NLD head office on 17-5-2002 followed by trips to Daw-bon township NLD head office on 22-5-2002, on 24-5- 2002, Kamayut Township NLD head-office, on 13-6-2002, as her fifth trip in Rangoon precinct, she visited Thakayta NLD head office..."
Language: English
Source/publisher: "LawKa PaLa - Legal Journal on Burma" - No. 15 (August 2003) - Burma Lawyers' Council (BLC)
Format/size: pdf (57K)
Date of entry/update: 27 June 2018


Title: Depayin Massacre
Date of publication: 06 May 2002
Description/subject: "After her release from house arrest on May 6, 2002, Daw Aung San Suu Kyi journeyed to 95 townships during the time from June 11, 2002, to April 13, 2003, and reopened NLD offices..."
Language: English
Source/publisher: "LawKa PaLa - Legal Journal on Burma" - No. 15 (August 2003) - Burma Lawyers' Council (BLC)
Format/size: pdf (72K)
Date of entry/update: 27 June 2018


Title: Prospects for the Democratic Transition in Burma
Date of publication: 06 May 2002
Description/subject: "On May 6, 2002, the military government in Burma released Daw Aung San Suu Kyi from house arrest. Its official spokesman, Lt. Col. Hla Min, said “Today, marks a new page for the people of Myanmar and the international community…We shall recommit ourselves to allowing all of our citizens to participate freely in the life of our political process, while giving priority to national unity, peace and stability of the country as well as the region.” As the news flashed around the world and drew positive responses from political leaders, diplomats and newspaper editors, only in Burma did the state-controlled newspapers, radio and television ignore the event and statement and the people of Burma learned of it from international radio broadcasts and word of mouth..."
Author/creator: Josef Silverstein
Language: English
Source/publisher: "LawKa PaLa - Legal Journal on Burma" - No. 12 (August 2002) - Burma Lawyers' Council (BLC)
Format/size: pdf (146K)
Date of entry/update: 30 June 2018


Title: Burma’s Ethnic Problem is Constitutional
Date of publication: April 2002
Description/subject: "Dr David Steinberg of Georgetown University presented a paper, “Myanmar’s Minority Conundrum: Issues of Ethnicity and Authority”, at the Conference entitled “At the Front Lines of Conflict Prevention in Asia”, held in Tokyo on 6 and 7 July 2001. He said that, “The issue of the status and authority of one-third of the population of Myanmar’s population, composed of diverse indigenous non-Burman peoples, remains the most intractable of the problems facing the Burmese state since independence in 1948. The sharing of political power in some manner acceptable to the local populations, and social and economic equity among these diverse peoples are all related to, but even more fundamental and difficult of solution than, the issue of the political form of government that has bedevilled the state for decades. Myanmar has been on the brink of fragmentation because of the diffuse, often antithetical, perceptions of these issues by one or more ethnic groups since independence (…)”..."
Author/creator: Harn Yawnghwe and B.K. Sen
Language: English
Source/publisher: "LawKa PaLa - Legal Journal on Burma" - No. 11 (April 2002) - Burma Lawyers' Council (BLC)
Format/size: pdf (114K)
Date of entry/update: 19 July 2018


Title: Coups, Dialogue and Transition
Date of publication: April 2002
Description/subject: "The Burmese military junta, in the course of its rule for the last forty years, has adopted a range of strategies for its survival. Overthrowing the constitution, bringing in a fake constitution, martial law rule, then an attempt to install constitutional rule by holding elections, then initiating talks with the winning party… the list seems endless. These are just a few of the strategies adopted. These were the political exercises. Internally the junta carried out purges and reorganization of its different commands, at different levels, at different times. However, all these actions had one thing in common, namely the total denial of Rule of Law. The wellpublicized, attempted coup by the Ne Win family has been dramatized for the first time..."
Author/creator: B.K. Sen
Language: English
Source/publisher: "LawKa PaLa - Legal Journal on Burma" - No. 11 (April 2002) - Burma Lawyers' Council (BLC)
Format/size: pdf (103K)
Date of entry/update: 19 July 2018


Title: Federalism and Self-Determination: Some Reflections
Date of publication: April 2002
Author/creator: Venkat Iyer
Language: English
Source/publisher: "LawKa PaLa - Legal Journal on Burma" - No. 11 (April 2002) - Burma Lawyers' Council (BLC)
Format/size: pdf (123K)
Date of entry/update: 19 July 2018


Title: Federalism as a Solution to the Ethnic Problem in Burma
Date of publication: April 2002
Description/subject: "From January 4, 1948, the day the Union of Burma came into existence as an independent nation, the people and their leaders have been divided over how to achieve national unity and structure their state. Until 1988, it was federal in name and theory, but unitary in practice. After five decades of political discussion, peaceful movements for secession or autonomy and warfare, the majority Burmans and most of the ethnic minorities remain disunited. From time to time efforts have been made by the Government of Burma and the minorities, either alone or in groups, to end revolt and disunity, but none have succeeded..."
Author/creator: Josef Silverstein
Language: English
Source/publisher: "LawKa PaLa - Legal Journal on Burma" - No. 11 (April 2002) - Burma Lawyers' Council (BLC)
Format/size: pdf (110K)
Date of entry/update: 19 July 2018


Title: Federalism in Burma: A Special Issue
Date of publication: April 2002
Description/subject: "This is a special issue of Legal Issues on Burma Journal about federalism, while federalism itself is a special issue for Burma. This publication is intended to be a contribution to a broad-ranging discussion on governance options for the country. During the last century, Burma has undergone several regime changes: from British colonial rule and Japanese fascist rule to constitutional rule and military rule. However, unfortunately, misrule has eventually been the common fate of the people of Burma. The search for good governance continues but has yielded no results. A new consciousness over the years has grown in the feasibility of federal options..."
Language: English
Source/publisher: "LawKa PaLa - Legal Journal on Burma" - No. 11 (April 2002) - Burma Lawyers' Council (BLC)
Format/size: pdf (88K)
Date of entry/update: 19 July 2018


Title: Federalism With A New Twist: Burma’s Only Option
Date of publication: April 2002
Description/subject: "The author of the article “The Panglong Spirit Lives On” (Chao-Tzang Yawnghwe in The Irrawaddy, July 2001) argued that the guiding principle of the Panglong Accord is “unity in diversity”. He raised the question as to whether there is a formula for ending Burma’s decades of ethnic strife, and answered it himself with “Yes, and it is none other than the political vision that brought modern Burma into existence half a century ago”..."
Author/creator: B.K. Sen
Language: English
Source/publisher: "LawKa PaLa - Legal Journal on Burma" - No. 11 (April 2002) - Burma Lawyers' Council (BLC)
Format/size: pdf (149K)
Date of entry/update: 19 July 2018


Title: Federalism, Burma and How The International Community Can Help
Date of publication: April 2002
Description/subject: "International Community can help via systematic study and consideration of the world's federations, in pursuit of an understanding of what federalism can achieve when presented with a range of entrenched political and/or ethnic problems. The international community thus provides and becomes the backdrop, and the actor/participants can research, inform, educate, and consider whether and in what ways federalism can provide some solutions to the crisis of governance in which they flounder..."
Author/creator: Janelle Saffin
Language: English
Source/publisher: "LawKa PaLa - Legal Journal on Burma" - No. 11 (April 2002) - Burma Lawyers' Council (BLC)
Format/size: pdf (159K)
Date of entry/update: 19 July 2018


Title: Federalism: Putting Burma Back Together Again
Date of publication: April 2002
Description/subject: "This paper deals with the absence or the non-existence of a functional relation between the state in Burma and broader society which is also made up of non-Burman1 ethnic segments that inhabit the historical-territorial units comprising the Union of Burma..."
Author/creator: Chao-Tzang Yawnghwe
Language: English
Source/publisher: "LawKa PaLa - Legal Journal on Burma" - No. 11 (April 2002) - Burma Lawyers' Council (BLC)
Format/size: pdf (180K)
Date of entry/update: 19 July 2018


Title: In Search of a Constitution for Burma
Date of publication: April 2002
Description/subject: "Constitution can be a strong foundation for every country to be established as a just, free, peaceful and developed society. Burma is in the process of producing a new constitution. By amalgamating lessons from previous historical experiences and current practical situation of the country, it is hoped that a proper constitution for future Burma might be produced..."
Author/creator: Aung Htoo
Language: English
Source/publisher: "LawKa PaLa - Legal Journal on Burma" - No. 11 (April 2002) - Burma Lawyers' Council (BLC)
Format/size: pdf (199K)
Date of entry/update: 19 July 2018


Title: Interview With Sao Seng Suk
Date of publication: April 2002
Description/subject: "(Sao Seng Suk is the Chairman of the Shan State Constitution Drafting Committee. Following is a literal transcript of the interview he had with U Aung Htoo and B.K. Sen). “Do you consider the constitution to be the core issue in a peaceful political settlement in Burma?” Sao Seng Suk: “Yes, I certainly do. Because all problems arose since Pyidaungzu was established in 1947 from the then constitution. If all accept democratic constitution, historical problems can be settled peacefully and the country rebuilt according to constitution, as there will be many kinds of freedom, freedom of expression, freedom of activities, etc.”..."
Language: English
Source/publisher: "LawKa PaLa - Legal Journal on Burma" - No. 11 (April 2002) - Burma Lawyers' Council (BLC)
Format/size: pdf (72K)
Date of entry/update: 19 July 2018


Title: Attorney General or Prosecutor General (Burma) ?
Date of publication: January 2002
Description/subject: "Law Journal Vol. 2 January 2000 Issue No. 1 published by the Office of the Attorney General’s Office, Union of Myanmar. The Law journal issued by the Attorney General’s office, Myanmar is first of its kind. It says that it has been launched since January 1999 as a biyearly journal. Never before the Attorney General’s office had published any Journal simply because the State publishes Burma Law Reports (BLR) once in a year..."
Language: English
Source/publisher: "LawKa PaLa - Legal Journal on Burma" - No. 13 (December 2002) - Burma Lawyers' Council (BLC)
Format/size: pdf (147K)
Date of entry/update: 29 June 2018


Title: Burma and National Reconciliation: Ethnic Conflict and State-Society Dysfunction
Date of publication: December 2001
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.10 (December 2001) - Burma Lawyers' Council (BLC)
Format/size: pdf (176K)
Date of entry/update: 20 July 2018


Title: Burma’s Democratic Transition: About Justice, Legitimacy, and Past Political Violence
Date of publication: December 2001
Description/subject: "Burma is a nation in crisis. It faces severe economic stagnation, endemic poverty, and serious health and social welfare challenges, all within a context of significant international isolation. Burma’s status as an international pariah represents a global response to a history of gross violations of human rights as well as the refusal of the State Peace and Development Council (SPDC), the ruling military regime, to recognize the National League of Democracy (NLD) party’s overwhelming victory in the 1990 elections. It is difficult to imagine how Burma can respond to its current crisis without addressing its global political isolation, a process that will almost certainly require a political transition from authoritarian rule to a constitutionally-based electoral democracy. In this sense, the question facing Burma is not so much whether there needs to be a democratic transition, but rather how this transition will be managed and when it will take place..."
Author/creator: Daniel Rothenberg
Language: English
Source/publisher: "LawKa PaLa - Legal Journal on Burma" - No.10 (December 2001) - Burma Lawyers' Council (BLC)
Format/size: pdf (149K)
Date of entry/update: 20 July 2018


Title: Burmese Children in Thailand: Legal Aspects
Date of publication: December 2001
Description/subject: "People from Burma have become the major group of displaced persons in Thailand. Most of them are currently being sheltered along the Thai-Burma border, particularly in the Thai provinces of Mae Hong Son, Tak, Kanchanaburi and Ranong. It is estimated that there are some 40,000 children from Burma under the age of 15 accompanying their parents. In addition, thousands of unaccompanied children are driven across the border by the desperate circumstances in Burma..."
Author/creator: Nyo Nyo
Language: English
Source/publisher: "LawKa PaLa - Legal Journal on Burma" - No.10 (December 2001) - Burma Lawyers' Council (BLC)
Format/size: pdf (140K)
Date of entry/update: 20 July 2018


Title: Burmese Migrant Workers in Thailand: Policy and Protection
Date of publication: December 2001
Description/subject: "It is estimated that the overall number of Burmese migrants in Thailand is somewhere in between 800,000 and one million. Cross-border migration into Thailand has steadily increased in recent years. Since the 1960s, hundreds of thousands of Thais have gone to work abroad. Refugees from Burma, Laos and Cambodia have since filled this labour shortage in Thailand. However, many of them are undocumented, illegal workers and thus constitute the most vulnerable section of the work force. As illegal non-citizens, they are least protected by a national legal system. The Thai Cabinet recently announced a new policy on migrant workers..."
Author/creator: Darunee Paisanpanichkul
Language: English
Source/publisher: "LawKa PaLa - Legal Journal on Burma" - No.10 (December 2001) - Burma Lawyers' Council (BLC)
Format/size: pdf (163K)
Date of entry/update: 20 July 2018


Title: Law and Money Laundering in Burma
Date of publication: December 2001
Description/subject: "Money laundering is the most significant economic phenomenon of organized crime. Containing the influence of organized crime requires the elimination of its livelihood, which in Burma is mainly the illicit drug trade. Under the rule of the military junta, Burma has become the world’s biggest producer of heroin and methamphetamines. Burma’s drug lords are now major investors in the country’s economy and have considerable cash reserves at their disposal. In many countries nowadays, tighter banking controls make it difficult for criminals to launder money for use in the legitimate economy. However, banking control in Burma is not very tight, legislation is ineffective, and the military junta is clearly benefiting from the drug trade. The Organization for Economic Cooperation and Development has added Burma to its blacklist of countries deemed uncooperative in fighting money laundering.1 As a result of this, the Burmese junta is currently in the process of drafting an “Illicit Proceeds and Property Control Law”..."
Author/creator: Peter Gutter
Language: English
Source/publisher: "LawKa PaLa - Legal Journal on Burma" - No.10 (December 2001) - Burma Lawyers' Council (BLC)
Format/size: pdf (191K)
Date of entry/update: 20 July 2018


Title: Secession and Self-Determination in the Context of Burma’s Transition
Date of publication: December 2001
Description/subject: "The word ‘secession’ has originated from the concept of ‘self-determination’. Apart from its historical context, ‘self-determination’ can also be seen in its plain meaning. The Oxford Dictionary defines ‘self-determination’ as, “The right of a nation or people to decide what form of government it will have or whether it will be independent of another country or not”. The second part of this definition is easy to understand. A nation or people has the right to be independent of another country when under subjugation of that country. But sometimes it is difficult to determine whether a nation striving for selfdetermination is actually a nation. In this regard, the classic case is that of India..."
Author/creator: B.K. Sen
Language: English
Source/publisher: "LawKa PaLa - Legal Journal on Burma" - No.10 (December 2001) - Burma Lawyers' Council (BLC)
Format/size: pdf (169K)
Date of entry/update: 20 July 2018


Title: Transition, Talks, and Terrorism
Date of publication: December 2001
Author/creator: B.K. Sen
Language: English
Source/publisher: "LawKa PaLa - Legal Journal on Burma" - No.10 (December 2001) - Burma Lawyers' Council (BLC)
Format/size: pdf (128K)
Date of entry/update: 20 July 2018


Title: About Constitutions, Economics, and Talks
Date of publication: August 2001
Description/subject: "There are similarities and differences in the negotiation scenarios of Burma and Sri Lanka. Both countries emerged out of colonial rule and became sovereign independent republics. They framed their respective secular constitutions although both countries are predominantly Buddhist. Both entered into a course of democratic change with a constitution and a parliamentary system of governance. Burma eventually succumbed to military rule, while Sri Lanka wavered before the change and managed to forestall seizure of power by the military. Sri Lanka switched over to a presidential system that preserved democracy. But unfortunately, both countries plunged into ethnic turmoil..."
Author/creator: B.K. Sen
Language: English
Source/publisher: "LawKa PaLa - Legal Journal on Burma" - No.9 (August 2001) - Burma Lawyers' Council (BLC)
Format/size: pdf (131K)
Date of entry/update: 21 July 2018


Title: Environment and Law in Burma
Date of publication: August 2001
Description/subject: "Environmental law in Burma under the current military regime is very weak. One of the main problems is that there are no up-to-date laws that regulate pollution. There are also no regulations for environmental impact assessments to examine the harmful effects of projects. Reasonably effective environmental laws were enacted under the British. The democratic period in Burma, from 1948 to 1962, did not improve these laws. After 1962, the military junta repealed and replaced the British laws. The current legislation is too general and has never significantly provided for the protection of the environment. Unfortunately, the Burmese junta shows little concern for the environment..."
Author/creator: Peter Gutter
Language: English
Source/publisher: "LawKa PaLa - Legal Journal on Burma" - No.9 (August 2001) - Burma Lawyers' Council (BLC)
Format/size: pdf (274K)
Date of entry/update: 21 July 2018


Title: Federalism and Burma
Date of publication: August 2001
Description/subject: Despite the fact that Burma has a highly centralized unitary government system, the issue of federalism has been a major source of debate for decades. Ever since the formation of the independence movement, the various ethnic groups in Burma have wanted to transform the country into a federal union based on equality. The Panglong Agreement1 provided the basic foundation for this, but post-independence Burma did not become a federal union in spite of the urgent need for this..."
Author/creator: Khin Maung Win
Language: English
Source/publisher: Khin Maung Win
Format/size: pdf (140K)
Date of entry/update: 21 July 2018


Title: The Burmese Junta’s Abuse of Investment Laws
Date of publication: August 2001
Description/subject: "Burma continues to be a pariah state for its gross violations of human rights. The refusal of the Burmese military junta to honour the results of the May 1990 elections made its isolation complete: so much so that Burma was denied ASEAN membership for a long time. The junta has even gone so far as to abuse its own laws, including those regulating foreign investment. As there are already many international reports on the link between foreign investment and violations of human rights in Burma, this paper will mainly focus on the aspect of Burma’s investment laws itself—what kinds of investment laws there are in Burma and how these are being abused by the junta..."
Author/creator: B.K. Sen and Peter Gutter
Language: English
Source/publisher: "LawKa PaLa - Legal Journal on Burma" - No.9 (August 2001) - Burma Lawyers' Council (BLC)
Format/size: pdf (205K)
Date of entry/update: 21 July 2018


Title: The Burmese Junta’s Impediment to Thai-Burma Relations
Date of publication: August 2001
Description/subject: The recent border clashes between Burma and Thailand have brought the issue of Thai-Burma relations into focus. The earlier mass exodus of refugees from Burma to Thailand did not cause panic. The voluminous drug inflow into the kingdom also did not shake the Thais, although the sex trade and import of HIV and Aids roused Thai conscience. The on-and-off border clashes were taken in their strides. But the last straw in the camel’s back was the intentional insult hurled at the Thai monarchy, the most revered institution in Thailand, by allegations made through a series of articles published in the state-run The New Light of Myanmar. The Burmese junta has shown its complete contempt for Thai policy makers. No country has ever done that before. Prime Minister Thaksin said that his government is reviewing its Burmese policy. But does it have one? The ruling political party has one conception, the opposition has another, the bureaucracy yet another, and the military of course has the prime one—hence, four different approaches. When a nation’s national security is at stake, this situation is lamentable..."
Author/creator: B.K. Sen
Language: English
Source/publisher: "LawKa PaLa - Legal Journal on Burma" - No.9 (August 2001) - Burma Lawyers' Council (BLC)
Format/size: pdf (134K)
Date of entry/update: 21 July 2018


Title: Women and Law in Burma
Date of publication: August 2001
Description/subject: "Women in Burma are struggling under the military regime. There is no policy, law or programme for the development of women. Instead, women are often the target of particular abuse. Rape by soldiers is common. Military officers are even involved in the trafficking of Burmese women into prostitution in Thailand..."
Author/creator: B.K. Sen
Language: English
Source/publisher: "LawKa PaLa - Legal Journal on Burma" - No.9 (August 2001) - Burma Lawyers' Council (BLC)
Format/size: pdf (239K)
Date of entry/update: 21 July 2018


Title: Burma’s Transition to Rule of Law in Different Contexts
Date of publication: April 2001
Description/subject: "As Burma views the transition in Palestine, the first quarter of the 21st century has witnessed dramatic developments in the global scenario. The democratic community has been making an assessment of the situation in the context of Rule of Law. The Arab-Israel conflict has been raging for decades. Considerable progress to resolve the conflict peacefully gained momentum. But the negotiations have suddenly broken down with violence as the tragic result. This proves that conflict resolution is a difficult path of peaceful democratic transition..."
Author/creator: B.K. Sen
Language: English
Source/publisher: "LawKa PaLa - Legal Journal on Burma" - No. 8 (April 2001) - Burma Lawyers' Council (BLC)
Format/size: pdf (18K)
Date of entry/update: 22 July 2018


Title: Designing Constitution as Policy Formulation to Stop Human Rights Violations
Date of publication: April 2001
Description/subject: "An intensive people’s movement for the restoration of democracy and human rights has been existing in Burma for more than a decade. In the meantime, both government and opposition groups have been drafting constitutions, to be put into force during the transition to a more open and democratic system of government..."
Author/creator: Khin Maung Win
Language: English
Source/publisher: "LawKa PaLa - Legal Journal on Burma" - No. 8 (April 2001) - Burma Lawyers' Council (BLC)
Format/size: pdf (19K)
Date of entry/update: 22 July 2018


Title: Ensuring Free and Fair Elections in a Democratic Burma: Establishing an Electoral System and Election Processes
Date of publication: April 2001
Description/subject: "A country embarking on a transition to democracy has many issues to deal with. One of the most critical is the question of elections, the type of system chosen and the manner in which elections are conducted.1 Free and fair elections are necessary to establish a democratic, human rights-based society, and to ensure that the government and the state are legitimate.2 The right to vote is an instrument of power for both the voter and the state. When giving the people the right to vote, it is necessary to determine who is permitted to vote, and to regulate the exercise of the vote through a system which could include legislation and ways of verifying the identity of people. Such a system helps to prevent non-resident citizens from voting, and to exclude residents who do not qualify to vote. In some countries, for example, prisoners may not vote..."
Author/creator: Jeremy Sarkin
Language: English
Source/publisher: "LawKa PaLa - Legal Journal on Burma" - No. 8 (April 2001) - Burma Lawyers' Council (BLC)
Format/size: pdf (43K)
Date of entry/update: 22 July 2018


Title: Human Rights and Legal Issues for a Democratic Transition of Burma
Date of publication: April 2001
Description/subject: "Many people and organizations have commented that the event that never happened before in Burma has happened now. It refers to the current dialogue process between the military regime and the National League for Democracy (NLD). However, unfortunately, it is still not entirely certain whether it is an authentic process, which would successfully create a democratic transition of Burma, or a political strategy of the regime, prolonging its power. The NLD announced to resolve the issues of the country several times, by establishing a genuine political dialogue, and so did the major ethnic resistance organizations. Controversy is not attributed to the position of the NLD but to the previous actions of the military regime..."
Author/creator: Aung Htoo
Language: English
Source/publisher: "LawKa PaLa - Legal Journal on Burma" - No. 8 (April 2001) - Burma Lawyers' Council (BLC)
Format/size: pdf (49K)
Date of entry/update: 22 July 2018


Title: Law and Religion in Burma
Date of publication: April 2001
Description/subject: "Burma was annexed by the British through the three wars in 1824-1826, 1852- 1853 and 1885-1886. When colonial rule started, it was British policy (as in other British colonies) not to interfere with local religion. The British did not want to create further confrontations. If they had not adopted this policy, there would have been more uprisings and more discontent among the people. And that would have endangered the position of the British. The policy reflected the experience of the colonial administrators in the implementation of colonial rule in India in the 18th century..."
Author/creator: Peter Gutter
Language: English
Source/publisher: "LawKa PaLa - Legal Journal on Burma" - No. 8 (April 2001) - Burma Lawyers' Council (BLC)
Format/size: pdf (58K)
Date of entry/update: 22 July 2018


Title: Law Reporting in Burma: Lack of Transparency
Date of publication: April 2001
Description/subject: "Law reporting emerged from the doctrine of precedent, which requires that like cases should be decided in the same way. In most countries, leading cases decided by Supreme Courts are officially published in law reports, which contain the names of the persons appearing, pleas of the defendant, the judgment, and the reasons for judgment.1 Law reports should be reliable sources for those practicing in the legal field..."
Author/creator: Win Maung
Language: English
Source/publisher: "LawKa PaLa - Legal Journal on Burma" - No. 8 (April 2001) - Burma Lawyers' Council (BLC)
Format/size: pdf (30K)
Date of entry/update: 22 July 2018


Title: New Lawsuit against Daw Aung San Suu Kyi: Hidden Agenda?
Date of publication: April 2001
Description/subject: "The new lawsuit that U Aung San Oo has filed against Daw Aung San Suu Kyi is a suit filed after the Court had dismissed the first suit for inheritance. The defect in the earlier suit apparently has been taken care of. But it will have to go through rough water. Section 6 of the “Transfer of Immovable Property Restriction Law” of 1987 reads “(...) when any person leaves Myanmar for good (...), the Ministry concerned may after scrutiny case by case in respect of the immovable property owned by that person, carry out in conformity with the procedures as follows: (a) allowing right of inheritance in accordance with law; (b) confiscating by the State”. Section 7 of the Law reads, “If the Ministry concerned decides to allow right of inheritance under subsection 6, as to who should inherit the immovable property shall be by consensus of the heirs or by the decision of the Court in accordance with the relevant succession law”..."
Author/creator: B.K. Sen and Khin Maung Win
Language: English
Source/publisher: "LawKa PaLa - Legal Journal on Burma" - No. 8 (April 2001) - Burma Lawyers' Council (BLC)
Format/size: pdf (15K)
Date of entry/update: 22 July 2018


Title: Toward Transition With Rule of Law
Date of publication: April 2001
Description/subject: "The new political scenario in Burma has given hope for change. The scenario relates to the current talks between the Junta and Daw Aung San Suu Kyi, the leader of the democratic opposition. The scenario is new because the past has witnessed disastrous confrontation between the two forces. The Junta stated first that they wanted the annihilation of the National League for Democracy. Now the Junta has condescended to talks. Hope for change has come because an end to the long military rule since 1962 is in sight. The end of the military rule is pregnant with the expectations of the people that there will be a beginning of the Rule of Law. The transition from authoritarianism to democracy will be ambiguous if it is not founded on interim institutional changes on issues of Rule of Law..."
Author/creator: B.K. Sen
Language: English
Source/publisher: "LawKa PaLa - Legal Journal on Burma" - No. 8 (April 2001) - Burma Lawyers' Council (BLC)
Format/size: pdf (29K)
Date of entry/update: 22 July 2018


Title: Burma’s Election and Constitutional History: A Snapshot
Date of publication: December 2000
Description/subject: "This is an outline of a speech given by the Honourable Janelle Saffin MLC, BLC Executive Member, at a seminar on Burma and its path towards independence and democracy, hosted by the New Zealand Asia Institute on the 18th-19th August 2000. For the complete text of the speech and other Burma commentary please see in the upcoming New Zealand Asia Institute’s publication of the seminar’s proceedings. The Institute is housed at Auckland University Auckland New Zealand. The Institute Director is Professor Chris Tremewan who is also Pro Vice Chancellor of Auckland University. Ms Xin Chen is the Executive Officer..."
Language: English
Source/publisher: "LawKa PaLa - Legal Journal on Burma" - No. 7 (December 2000) - Burma Lawyers' Council (BLC)
Format/size: pdf (20K)
Date of entry/update: 24 July 2018


Title: Constructive Engagement with Burma Sees Red Light
Date of publication: December 2000
Description/subject: "A compelling case has emerged which is of concern and needs attention in the region. The case refers to a joint venture in the Union of Myanmar (Burma) between a Singapore-based company, Yaung Chi Oo Trading, and the Ministry of Industry No. 1 of the State Peace and Development Council (SPDC). In 1993, the Union of Myanmar opened up its doors to foreign investment. The bankrupt Mandalay Brewery bubbled back to life. Mandalay Beer became a recognised brand name. A network of 40 pubs operated nationwide and it became the largest domestic taxpayer, generating revenue for the dilapidated state coffers. On November 11, 1998 the joint venture came to an abrupt halt when armed soldiers seized the brewery on the orders of the SPDC. The bank accounts of the partner were frozen and it was threatened with arrest for alleged misappropriation of funds soon after its final payment of $5.3 million..."
Language: English
Source/publisher: "LawKa PaLa - Legal Journal on Burma" - No. 7 (December 2000) - Burma Lawyers' Council (BLC)
Format/size: pdf (52K)
Date of entry/update: 24 July 2018


Title: Constructive Engagement: A Critical Evaluation
Date of publication: December 2000
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..."
Author/creator: Minn Naing Oo
Language: English
Source/publisher: "LawKa PaLa - Legal Journal on Burma" - No. 7 (December 2000) - Burma Lawyers' Council (BLC)
Format/size: pdf (52K)
Date of entry/update: 24 July 2018


Title: Dealing With Past Human Rights Abuses: Promoting Reconciliation in a Future Democratic Burma
Date of publication: December 2000
Description/subject: "As the twenty-first century begins, transitions from repressive rule to democracy have become a worldwide phenomenon. In many cases, the displaced regimes have been characterized by massive violations of human rights. While it is unclear when Burma will be free, it is certain that it will eventually become a democracy. A critical challenge that will arise for the democratically-elected government when it comes to power will be how to deal with past human rights abuses.1 Burma is not alone – Czechoslovakia, El Salvador, Guatemala, Germany, Honduras, Chile, Columbia, Greece, Germany, Poland, Hungary, the Philippines, Rwanda, Ethiopia, Cambodia, East Timor, Nigeria, Northern Ireland, Sierra Leone and other countries have recently or are presently looking at ways of dealing with these issues..."
Author/creator: Jeremy Sarkin
Language: English
Source/publisher: "LawKa PaLa - Legal Journal on Burma" - No. 7 (December 2000) - Burma Lawyers' Council (BLC)
Format/size: pdf (49K)
Date of entry/update: 24 July 2018


Title: Law-Making and Law Enforcement in Burma: The Military Junta's Failure in Regard to Forced Labour
Date of publication: December 2000
Description/subject: "The Tatmadaw in Burma have control of executive, legislative and judicial power and the Parliament has not met since before the Tatmadaw seized power by military coup d’ etat on the 18th September 1988, installing the State Law and Order Restoration Council (SLORC), predecessor of the present State and Peace and Development Council (SPDC). The SPDC is the creature of the Tatmadaw (Burma’s Armed Forces), as was the Tatmadaw's Burmese Socialists Program Party's (BSPP) Revolutionary Council that ruled Burma for many years up until 1988. For functional purposes they are one and the same group, in essence a military junta exercising the power of dictatorship..."
Author/creator: Janelle Saffin
Language: English
Source/publisher: "LawKa PaLa - Legal Journal on Burma" - No. 7 (December 2000) - Burma Lawyers' Council (BLC)
Format/size: pdf (23K)
Date of entry/update: 24 July 2018


Title: Rival Constitution Writing Processes: A Problem in National Reconciliation in Burma
Date of publication: December 2000
Description/subject: "One of the major issues proving to be an obstacle to the achievement of national reconciliation in Burma is the rival constitution writing processes initiated by opposing forces. As the competing political forces use the constitutional drafting process as a political football, the chance for dialogue and prospects for national reconciliation remain dim..."
Author/creator: Khin Maung Win
Language: English
Source/publisher: "LawKa PaLa - Legal Journal on Burma" - No. 7 (December 2000) - Burma Lawyers' Council (BLC)
Format/size: pdf (16K)
Date of entry/update: 24 July 2018


Title: Shadow over Daw Aung San Suu Kyi's inheritance case
Date of publication: December 2000
Description/subject: "The lawsuit against Daw Aung San Suu Kyi filed by her brother Aung San Oo is for half ownership of the house where she now lives. As with most property disputes, and particularly in the very difficult situation Daw Aung San Suu Kyi is presently in, a private settlement would clearly have been preferred and would have been a more appropriate course of action for Aung San Oo to take. There would have been many options available, including negotiating a money equivalent of the half share or establishing a trust in which both interests could be held. However, he decided to file a suit against his sister without even affording her prior notice of his intentions. This approach reeks of a sinister attempt to publicly humiliate the acclaimed leader of the National League for Democracy (NLD), which overwhelmingly won the one and only democratic general election conducted by the military junta..."
Author/creator: B. K Sen and Khin Maung Win
Language: English
Source/publisher: "LawKa PaLa - Legal Journal on Burma" - No. 7 (December 2000) - Burma Lawyers' Council (BLC)
Format/size: pdf (20K)
Date of entry/update: 24 July 2018


Title: The Case for Humanitarian Intervention
Date of publication: December 2000
Description/subject: ""Count up the results of fifty years of human rights mechanisms, this is a failure of implementation in a scale that shames us all. "1 Mary Robinson, UNHRC, 10 December 1998 As the twenty first century begins, the argument that the human rights movement should become more assertive becomes more compelling. As one esteemed jurist put it “the past has been a matter of pleading with tyrants, writing letters and sending missions to beg them not to act cruelly. That will not be necessary of there is a possibility that they can be deterred by threats of humanitarian or United Nations intervention or with nemesis in the form of the International Criminal Court…”2 Burma provides an excellent case study for testing the viability of such an approach..."
Author/creator: Mr. B K Sen
Language: English
Source/publisher: "LawKa PaLa - Legal Journal on Burma" - No. 7 (December 2000) - Burma Lawyers' Council (BLC)
Format/size: pdf (26K)
Date of entry/update: 24 July 2018


Title: The International Labour Organisation Makes History
Date of publication: December 2000
Description/subject: ""The struggle of people against power is the struggle of memory against forgetting" Milan Kundera As a country that has long suffered extreme and systematic repression and isolation, Burma’s1 struggle against the power of its military regime has long appeared to have been shelved from the sights and respective minds of the international community. However, in the wake of the International Labour Organisation's recent and unprecedented resolution to support wide-ranging sanctions against the military regime, perhaps a glimmer of hope can be gleaned in this struggle against the systematic violations of human rights inside Burma..."
Author/creator: Jane Carter
Language: English
Source/publisher: "LawKa PaLa - Legal Journal on Burma" - No. 7 (December 2000) - Burma Lawyers' Council (BLC)
Format/size: pdf (49K)
Date of entry/update: 24 July 2018


Title: Australia takes the wrong road to Rangoon
Date of publication: September 2000
Description/subject: "Support for the Burmese regime means Australia is no longer a shining star for the persecuted. In the past it was the "ugly American" who sought to contain totalitarianism by pursuing overzealous policies. The United States has learnt dearly from its mistakes. Perhaps the politicians in Canberra haven't noticed..."
Author/creator: Ye Htut
Language: English
Source/publisher: "LawKa PaLa - Legal Journal on Burma" - No. 6 (September 2000) - Burma Lawyers' Council (BLC)
Format/size: pdf (145K)
Date of entry/update: 25 July 2018


Title: Burma human rights body is not all that is needed
Date of publication: September 2000
Description/subject: "The Rangoon junta's move to form a commission on human rights is a joke given that the military refuses to enforce current laws and is the perpetrator of gross violations. The Australian government has decided to cooperate with the Burmese junta in providing human rights training courses for government officials. The decision was in response to the ruling State Peace and Development Council's (SPDC) indication that it intends to establish a national Human Rights Commission. Canberra's underlying philosophy is that engagement with the Burmese regime will help improve the human rights situation in Burma..."
Author/creator: Khin Maung Win
Language: English
Source/publisher: "LawKa PaLa - Legal Journal on Burma" - No. 6 (September 2000) - Burma Lawyers' Council (BLC)
Format/size: pdf (147K)
Date of entry/update: 25 July 2018


Title: Commentary on the recent NLD litigation
Date of publication: September 2000
Description/subject: "We will take all possible measures to establish the necessity for the Rule of Law. It is in this spirit that we have notified the State Peace and Development Council and the Multi Party Election Commission of our own intention to file suits against them in accordance with the Specific Relief Act, although we are aware of the stranglehold that the military Junta has on Burma's judicial processes."
Author/creator: B.K Sen
Language: English
Source/publisher: "LawKa PaLa - Legal Journal on Burma" - No. 6 (September 2000) - Burma Lawyers' Council (BLC)
Format/size: pdf (175K)
Date of entry/update: 25 July 2018


Title: Forced labour, the ILO and Burma
Date of publication: September 2000
Description/subject: "Burma1 became a member of the International Labour Organisation (ILO) in 1948 and ratified the ILO's Forced Labour Convention 1930 (No. 29) in 1955. The subsequent decades, and particularly the past five years, have seen the ILO repeatedly seek action from Burma's rulers to comply with the country's obligations under the Convention, culminating in a significant resolution in the 88th session of the International Labour Conference, the annual meeting of ILO members, in June of this year..."
Author/creator: Louise Southalan
Language: English
Source/publisher: "LawKa PaLa - Legal Journal on Burma" - No. 6 (September 2000) - Burma Lawyers' Council (BLC)
Format/size: pdf (304K)
Date of entry/update: 25 July 2018


Title: Some Thoughts on Burma-Thai Relations
Date of publication: September 2000
Description/subject: "Any attempt to understand Burma-Thai relations today must begin by recognizing the existence of misunderstandings on both sides, open criticism of each other, friction and conflict. Why is this so? It is only a little more than a decade ago, that Thailand’s General Chaovalit opened a new period in the relations between the two nations by becoming the first official visitor to Burma after the military brutally seized power and suppressed the people. Thailand was rewarded with timber and fishing concessions which its military/business groups had been seeking. Until Thailand’s unexpected action, there was almost universal condemnation of the new Burma rulers and international calls for the restoration of democracy. The visit seemed to represent the beginning of a new stage in the long history in the relations between the two. However, since that meeting Burma-Thai relations have been fraught with misunderstandings, accusations, broken promises and interference by both states in the internal affairs of the other. No era of “good feeling” has yet emerged..."
Author/creator: Josef Silverstein
Language: English
Source/publisher: "LawKa PaLa - Legal Journal on Burma" - No. 6 (September 2000) - Burma Lawyers' Council (BLC)
Format/size: pdf (222K)
Date of entry/update: 25 July 2018


Title: “ With a Deep Desire to Promote Judiciary”
Date of publication: May 2000
Description/subject: "The above article states that “to develop and promote Judiciary in Myanmar, all the Judicial personnel should be efficient and well-versed in Judiciary” toward that end, it states that in-service training programmes are being conducted by the Supreme Court..."
Author/creator: U Soe Nyunt
Language: English
Source/publisher: "LawKa PaLa - Legal Journal on Burma" - No. 18 (August 2004) - Burma Lawyers' Council (BLC)
Format/size: pdf (73K)
Date of entry/update: 23 June 2018


Title: An Overview of the recognition of Native Title in the Commonwealth of Australia
Date of publication: April 2000
Description/subject: "Rights to land in Burma are bound up with issues of ethnic conflict, militarisation and lack of democratic institutions. A future democratic Burma will need to seek ways to resolve competing claims to land, taking into account such issues as traditional ownership by particular ethnic nationalities, return of displaced persons, varying religious ties to land, development imperatives and agricultural demands. The chosen method of resolution will need to address, as much as possible, the needs for certainty, efficiency and a fair hearing for those concerned..."
Author/creator: D L Ritter
Language: English
Source/publisher: "LawKa PaLa - Legal Journal on Burma" - No. 5 (April 2000) - Burma Lawyers' Council (BLC)
Format/size: pdf (57K)
Date of entry/update: 27 July 2018


Title: Ethnic issues in Burma
Date of publication: April 2000
Description/subject: "This is the first of three articles about issues of different ethnic peoples in Burma (parts two and three will be published in future issues of this journal). This part provides some basic history of ethnic peoples and assesses the military regime's relations with the non-Burman ethnic groups..."
Language: English
Source/publisher: "LawKa PaLa - Legal Journal on Burma" - No. 5 (April 2000) - Burma Lawyers' Council (BLC)
Format/size: pdf (67K)
Date of entry/update: 27 July 2018


Title: Issues of self-determination in Burma
Date of publication: April 2000
Description/subject: "This paper seeks to provide an introduction to the concept of self-determination, and to suggest the importance of this concept in Burma. A comprehensive analysis of either topic is beyond the scope of this paper, which is aimed at readers without great familiarity with either area. Suggestions for further reading may be found in the references..."
Author/creator: Louise Southalan
Language: English
Source/publisher: "LawKa PaLa - Legal Journal on Burma" - No. 5 (April 2000) - Burma Lawyers' Council (BLC)
Format/size: pdf (68K)
Date of entry/update: 27 July 2018


Title: Military Regime to Establish Base on Mars …or a Human Rights Commission
Date of publication: April 2000
Description/subject: "Recently, the military regime indicated it might establish a human rights commission in Burma. This proposal surprised many groups seeking democracy in Burma, and observers of Burmese politics. Indeed, some consider the regime would have as much success establishing a base on Mars!..."
Author/creator: John Southalan
Language: English
Source/publisher: "LawKa PaLa - Legal Journal on Burma" - No. 5 (April 2000) - Burma Lawyers' Council (BLC)
Format/size: pdf (83K)
Date of entry/update: 27 July 2018


Title: Burma and the 1999 Commission on Human Rights
Date of publication: October 1999
Description/subject: "The 55th session of the United Nations ('UN') Commission on Human Rights ('CHR') was held over six weeks in March and April 1999, in Geneva, Switzerland. This article provides an assessment of the CHR's 55th session and its relevance to Burma: what human rights issues were raised and what did relevant governments and NGOs say and do. Summarising the relevant parts of the 1999 CHR discussions and decisions, this article presents an overview of the meeting's deliberations on Burma. The article does not analyse every matter discussed but mainly summarises or extracts statements made, and documents distributed, at the CHR. This practice is followed even where the accuracy of the information may be questioned, for example, the military junta described Burma to the 1999 CHR as a "country experiencing peace and tranquillity..."
Author/creator: John Southalan
Language: English
Source/publisher: "LawKa PaLa - Legal Journal on Burma" - No. 4 (October 1999) - Burma Lawyers' Council (BLC)
Format/size: pdf (77K)
Date of entry/update: 28 July 2018


Title: Burma's Future Constitution Comparing and contrasting democracy and human rights provisions in two draft Burmese constitutions from an international perspective
Date of publication: October 1999
Author/creator: Jeremy Sarkin
Language: English
Source/publisher: "LawKa PaLa - Legal Journal on Burma" - No. 4 (October 1999) - Burma Lawyers' Council (BLC)
Format/size: pdf (51K)
Date of entry/update: 28 July 2018


Title: Federalism and the Protection of Minority Rights: Some lessons for a new democratic Burma
Date of publication: October 1999
Description/subject: "One of the most urgent problems in the world today is to preserve diversities either where they are worth preserving for themselves or where they cannot be eradicated even if they are not desirable, and at the same time to introduce such a measure of unity as will prevent and facilitate co-operation. Federalism is one way of reconciling these two ends..."
Author/creator: Dr. Venkat Iyer
Language: English
Source/publisher: "LawKa PaLa - Legal Journal on Burma" - No. 4 (October 1999) - Burma Lawyers' Council (BLC)
Format/size: pdf (30K)
Date of entry/update: 28 July 2018


Title: Federalism: The best option for national reconciliation and peace in Burma
Date of publication: October 1999
Description/subject: "This presentation by Dr. Thaung Htun, Representative of the NCGUB for UN Affairs, was made at the Panel Discussion "Can Federalism Work in Burma?" at the 51st Annual Meeting of Association for Asian Studies, March 11-14, 1999, Boston, United States of America..."
Author/creator: Dr. Thaung Htun
Language: English
Source/publisher: "LawKa PaLa - Legal Journal on Burma" - No. 4 (October 1999) - Burma Lawyers' Council (BLC)
Format/size: pdf (36K)
Date of entry/update: 28 July 2018


Title: Religious Freedom in Burma: A divisive and suppressive practice of the military regime
Date of publication: October 1999
Description/subject: "Burma1, which gained its independence from Britain on 4 January 1948, has a population of 45 million people with a high degree of ethnic diversity. While at least 50 percent of the total population is ethnic Burman, the remainder belongs to dozens of ethnic groups.2 While more than 85 percent of the population, mainly Burmans, practice Buddhism, the rest of the population practice other religions, such as Islam, Christianity, Hinduism, and Animism..."
Author/creator: Khin Maung Win
Language: English
Source/publisher: "LawKa PaLa - Legal Journal on Burma" - No. 4 (October 1999) - Burma Lawyers' Council (BLC)
Format/size: pdf (43K)
Date of entry/update: 28 July 2018


Title: Transitional Burma : Where to from here?
Date of publication: October 1999
Author/creator: An interview with Professor Josef Silverstein
Language: English
Source/publisher: "LawKa PaLa - Legal Journal on Burma" - No. 4 (October 1999) - Burma Lawyers' Council (BLC)
Format/size: pdf (28K)
Date of entry/update: 28 July 2018


Title: Appeal to the People Regarding the Convening and Formation of the People's Parliament
Date of publication: May 1999
Description/subject: "Firstly we pray that the citizens of Burma are well and prosperous. We send our greetings that you are filled with integrity. The military authority, who seized power, pledged in its Notification No. 1/88 that it was bound by four great responsibilities. The fourth of these responsibilities was "To hold a multiparty general election"..."
Language: English
Source/publisher: "LawKa PaLa - Legal Journal on Burma" - No. 3 (May 1999) - Burma Lawyers' Council (BLC)
Format/size: pdf (112K)
Date of entry/update: 29 July 2018


Title: Burma, South-East Asia and The Road to Democratic Constitution
Date of publication: May 1999
Description/subject: "In 1997 the destinies of Burma and other South-east Asia countries became intertwined when Burma became a member of the Association of South-east Asian Nations (ASEAN). In terms of inter-State solidarity, this was welcomed by the governments of the region. However, in terms of democracy, human rights and the constitutional process, it was a decidedly paradoxical affair..."
Author/creator: Vitit Muntarbom
Language: English
Source/publisher: "LawKa PaLa - Legal Journal on Burma" - No. 3 (May 1999) - Burma Lawyers' Council (BLC)
Format/size: pdf (169K)
Date of entry/update: 29 July 2018


Title: Convening the People's Assembly: A Legal Analysis
Date of publication: May 1999
Description/subject: "A ccording to Burma's two supposedly superseded constitutions, that of 1947 and 1974, the Pyithu Hluttaw (the People's Assembly) is the body charged with exercising State power. The 1989 Pyithu Hluttaw Election Law (called the Election Law), under which the 1990 elections were conducted, also provides that the duty of representatives elected in accordance with the Election Law is to form the Pyithu Hluttaw (Section 3)..."
Author/creator: Burma Lawyers' Council
Language: Burmese (ျမန္မာဘာသာ)
Source/publisher: "LawKa PaLa - Legal Journal on Burma" - No. 3 (May 1999) - Burma Lawyers' Council (BLC)
Format/size: pdf (152K)
Date of entry/update: 29 July 2018


Title: Drafting a Constitution in Burma: A Struggle for Participatory Process
Date of publication: May 1999
Description/subject: "Following the nation-wide demonstration in August-September 1988, the Burmese army on September 18 staged a coup, assumed all power and installed a military junta named the "State Law and Order Restoration Council" (SLORC), now known as the State Peace and Development Council (SPDC). The elections were held in May 1990 to form the Pyithu Hluttaw, (People's Assembly) that normally exercises legislative power and forms the government. This is according to Burmese constitutional conventions and supported by the 1989 Election Law under which the 1990 elections were conducted..."
Author/creator: Burma Lawyers' Council
Language: English
Source/publisher: "LawKa PaLa - Legal Journal on Burma" - No. 3 (May 1999) - Burma Lawyers' Council (BLC)
Format/size: pdf (154K)
Date of entry/update: 29 July 2018


Title: Drafting A Constitution in Burma: Lessons From the Past
Date of publication: May 1999
Description/subject: "As the peoples and leaders of Burma approach the task of writing a third constitution, a good place to begin is by asking the question, why did the previous constitutions fail to unite the indigenous ethnic minorities and the government in peaceful viable polity. At the heart of the problem is the questions which vexed the founding fathers-how to construct a union in which people who formerly were separated could be joined together so as to benefit from unity while remaining nominally autonomous in their own areas on matters of political rule, economy and culture..."
Author/creator: Josef Silverstein
Language: English
Source/publisher: "LawKa PaLa - Legal Journal on Burma" - No. 3 (May 1999) - Burma Lawyers' Council (BLC)
Format/size: pdf (162K)
Date of entry/update: 29 July 2018


Title: Preface
Date of publication: May 1999
Description/subject: "The constitution is a political as well as a legal framework, the main role of which is to protect the rights of people while restricting the powers of government. In producing such a document, which will become the supreme law of the land, a country's current political and legal background take on great significance..."
Language: English
Source/publisher: "LawKa PaLa - Legal Journal on Burma" - No. 3 (May 1999) - Burma Lawyers' Council (BLC)
Format/size: pdf (96K)
Date of entry/update: 29 July 2018


Title: The Committee Representing the People's Parliament
Date of publication: May 1999
Description/subject: "The Committee Representing the People's Parliament held a meeting on 28 September 1998 and made the following decisions. The Committee Representing the People's Parliament agreed to recommend that the Parliament adopt the following laws..."
Language: English
Source/publisher: "LawKa PaLa - Legal Journal on Burma" - No. 3 (May 1999) - Burma Lawyers' Council (BLC)
Format/size: pdf (183K)
Date of entry/update: 29 July 2018


Title: The Pyidaungzu, Federalism and Burman Elites: A Brief Analysis
Date of publication: May 1999
Author/creator: Chao-Tzang Yawnghwe
Language: English
Source/publisher: "LawKa PaLa - Legal Journal on Burma" - No. 3 (May 1999) - Burma Lawyers' Council (BLC)
Format/size: pdf (134K)
Date of entry/update: 29 July 2018


Title: The Trial of 18 Foreigners
Date of publication: May 1999
Description/subject: "It made international headlines at the time – the arrest, detention and subsequent trial of 18 foreigners in Burma. The Eighteen, 6 Americans, 3 Thais, 3 Indonesians, 3 Malaysians, 2 Filipinos and 1 Australian were convicted of "undermining the security of the union" and sentenced to five years imprisonment. Their trial provides a unique insight into Burma's legal system after 36 years of military dictatorship..."
Author/creator: V Joel Greer et al
Language: English
Source/publisher: "LawKa PaLa - Legal Journal on Burma" - No. 3 (May 1999) - Burma Lawyers' Council (BLC)
Format/size: pdf (147K)
Date of entry/update: 29 July 2018


Title: Just Law Required for the Rule of Law
Date of publication: June 1998
Description/subject: "When speaking about the rule of law, what kind of the rule of law are we talking about? Does it mean any “law” will do, no matter what kind of law it is? Are we required to respect and accept the rule of that law? The common understanding of the rule of law really means the rule of just law, not unjust law. Unjust laws subvert the peoples aspirations and the rule of law while they prevail. Nelson Mandela, for example, denounced the legal system apartheid in South Africa as one which served to protect racial discrimination, not the rights of people under the law..."
Language: English
Source/publisher: "LawKa PaLa - Legal Journal on Burma" - No. 2 (June 1998) - Burma Lawyers' Council (BLC)
Format/size: pdf (119K)
Date of entry/update: 31 July 2018


Title: Martial Law in Burma
Date of publication: June 1998
Description/subject: "The Burmese peoples have had a long tradition of adherence to legal formality. As well as the legislation inherited from the British, a complex web of post-independence statutes and, more recently, martial law decrees, orders and regulations govern almost every aspect of the country’s civil and political life. Despite this attachment to legal formalism, successive military governments have often impeded access to vital information, especially in matters touching on the politically sensitive issue of human rights, so that the precise state of the law on such matters is often difficult to ascertain..."
Language: English
Source/publisher: "LawKa PaLa - Legal Journal on Burma" - No. 2 (June 1998) - Burma Lawyers' Council (BLC)
Format/size: pdf (196K)
Date of entry/update: 31 July 2018


Title: Myo Myint Nyein and the 21 Prisoners’ Case
Date of publication: June 1998
Description/subject: "“there is essentially no freedom of thought opinion, expression or association in Myanmar. The absolute power of SLORC is exercised to silence opposition and penalise those holding dissenting views or beliefs ...” Judge Rajsoomer Lallah, United Nations Special Rapporteur of the Commission on Human Rights, October 1996..."
Language: English
Source/publisher: "LawKa PaLa - Legal Journal on Burma" - No. 2 (June 1998) - Burma Lawyers' Council (BLC)
Format/size: pdf (112K)
Date of entry/update: 30 July 2018


Title: Peace, freedom and justice are the basic qualities of life.
Date of publication: June 1998
Description/subject: "Peace, freedom and justice are the basic qualities of life which all peoples around the world art seeking to enjoy. These qualities are inter-related. The absence of peace and justice will inevitably lead to civil disturbance and conflict. There can be no peace without freedom and justice. Justice must be based on respect for the people, their freedom and their rights. Our challenge is to ensure that justice is fair and applied equally to all people in every community regardless of colour, religion, race, social status, language, culture, origin and historical background..."
Language: English
Source/publisher: "LawKa PaLa - Legal Journal on Burma" - No. 2 (June 1998) - Burma Lawyers' Council (BLC)
Format/size: pdf (64K)
Date of entry/update: 30 July 2018


Title: Presentation by U Tin Oo and the Central Legal Committee of the National League for Democracy
Date of publication: June 1998
Description/subject: "U Tin Oo, as Chairman of the National League for Democracy and Daw Aung San Suu Kyi. The General Secretary of the NLD, were placed under house arrest in July 1989 while actively campaigning for the restoration of democracy in Burma following the 1988 student uprising. In December of 1989 U Tin Oo was arrested by the military authorities arid sentenced to three years imprisonment, which was later extended to five years. Following U Tin Oo’s imprisonment. U Aung Shwe became the Chairman of the NLD, a position he continues to hold today. While U Tin Oo was being held in Insein Prison, the NLD won a landslide victory in the May 1990 elections..."
Language: English
Source/publisher: "LawKa PaLa - Legal Journal on Burma" - No. 2 (June 1998) - Burma Lawyers' Council (BLC)
Format/size: pdf (83K)
Date of entry/update: 30 July 2018


Title: Rule of Law in Burma under SLORC/SPDC
Date of publication: June 1998
Description/subject: "Rule of Law is amongst the foremost political objectives proclaimed by the State Peace and Development Council (formerly known as the State Law and Order Restoration Council). However the military authorities habitually treat members, supporters and sympathizers of the National League for Democracy, in a arbitrary manner which does not accord with The law..."
Author/creator: the Central Legal Committee of the National League for Democracy.
Language: English
Source/publisher: "LawKa PaLa - Legal Journal on Burma" - No. 2 (June 1998) - Burma Lawyers' Council (BLC)
Format/size: pdf (103K)
Date of entry/update: 30 July 2018


Title: Rule of Law or Rule of the Military Regime?
Date of publication: June 1998
Description/subject: "The whole purpose of law is to allow human societies to organise themselves in an orderly manner and to have rules that are just and clear for everybody to understand. Essentially, “law” deals with rules sanctioned by Parliament for the regulation of human society. Generally speaking, though social, religious, cultural, economic and political “rules” are important to a society or a culture, not all are translated into laws. Laws come to exist only when sanctioned by the Parliamentary process, and arc proclaimed..."
Language: English
Source/publisher: "LawKa PaLa - Legal Journal on Burma" - No. 2 (June 1998) - Burma Lawyers' Council (BLC)
Format/size: pdf (84K)
Date of entry/update: 31 July 2018


Title: The Independence of the Judiciary: The Need for Judicial Independence in a Future Democratic Burma
Date of publication: June 1998
Description/subject: "The principle of judicial independence has been recognised and endorsed by the international community a, both traditional proscriptive international instruments, such as international conventions, as well as various international normative-Setting texts. The Universal Declaration of Human Rights (1948) recognises that: “Everyone is entitled in fill equality to a fair and public hearing by an independent and impartial tribunal, in the determination of his rights and obligations and of any criminal charge against him.”..."
Author/creator: The recognition of judicial independence by the international community
Language: English
Source/publisher: "LawKa PaLa - Legal Journal on Burma" - No. 2 (June 1998) - Burma Lawyers' Council (BLC)
Format/size: pdf (104K)
Date of entry/update: 31 July 2018


Title: The Protection of Law for the Rule of Law
Date of publication: June 1998
Description/subject: "According to what we know about the history of human civilisation, human beings first lived in families. Later, they formed villages, towns, cities, and states and today live as larger groups based on geographical, racial, religious, political factors or other common purposes..."
Language: English
Source/publisher: "LawKa PaLa - Legal Journal on Burma" - No. 2 (June 1998) - Burma Lawyers' Council (BLC)
Format/size: pdf (85K)
Date of entry/update: 31 July 2018


Title: The Rule of Law and Retrospective Laws
Date of publication: June 1998
Description/subject: "The rule of law acts to deter those who have power in society from abusing their power. However, one insidious abuse of power where the rule of law is cast aside, is when those who usurp the role of law-making issue a “law” with retrospective effects. Retrospectively as a principle in law-making is to be avoided in civil society, where the rule of law remains paramount. When retrospectively is used as a powerful weapon by those who usurp the lawmaking process to entrap political opponents and their supporters, people who are targeted in such a society are condemned to live a life of total insecurity and constant fear of being arrested and punished..."
Language: English
Source/publisher: "LawKa PaLa - Legal Journal on Burma" - No. 2 (June 1998) - Burma Lawyers' Council (BLC)
Format/size: pdf (69K)
Date of entry/update: 31 July 2018


Title: The Rule of Law and the Advocate’s Role
Date of publication: June 1998
Description/subject: "It has long been recognised that a fundamental principle of the rule of law is the right of The accused to hire an advocate or a lawyer to defend them. The United Nations General Assembly resolution (No. 43/137) of December 9 1988 provides basic protection to those arrested, detained, or jailed. Paragraph 17 of that resolution makes two points. The first is that the accused must have an access to lawyers. Soon after the arrest the authority must inform the accused of this right. The second is that if the accused cannot afford to hire a lawyer, the prosecutor or other responsible authorities must arrange to hire a lawyer for the accused..."
Language: English
Source/publisher: "LawKa PaLa - Legal Journal on Burma" - No. 2 (June 1998) - Burma Lawyers' Council (BLC)
Format/size: pdf (68K)
Date of entry/update: 31 July 2018


Title: The Rule of Law and Unjust Laws and Orders
Date of publication: June 1998
Description/subject: "In a country without the rule of law, or in a county where its citizens no longer respect or obey the promulgated laws, no one in that country can expect to live in peace, prosperity, and with personal security. The citizens of such a county have to live a life of constant fear, at all times of the day and night, watching out for people in authority and surveying fellow citizens with distrust, like the Burmese saying “a frighten crow eating its dinner,” they feel they have to be constantly vigilant for any danger while carrying out the day-to-day basic functions of life..."
Language: English
Source/publisher: "LawKa PaLa - Legal Journal on Burma" - No. 2 (June 1998) - Burma Lawyers' Council (BLC)
Format/size: pdf (121K)
Date of entry/update: 31 July 2018


Title: A peaceful democratic country in future.
Date of publication: October 1997
Description/subject: "Justice is a necessary prerequisite of any law for the compliance of the people with the law. If natural justice and the law are incompatible , law looses all its’ moral force. Both the people and the government must comply with the law if the rule of law is to be said to genuinely apply. Without such compliance the actions of the state rapidly become random, selfserving and unpredictable..."
Language: English
Source/publisher: "LawKa PaLa - Legal Journal on Burma" - No. 1 (October 1997) - Burma Lawyers' Council (BLC)
Format/size: pdf (65K)
Date of entry/update: 31 July 2018


Title: A Seminar on Constitutional Protection of the Environment in Burma
Date of publication: October 1997
Description/subject: "A seminar on the Constitutional Protection of the Environment in Burma was held at Thammasat University, Bangkok, Thailand, from the 28th to the 30th July, 1997. The seminar was organised by Forum Asia, Images Asia, Union for Civil Liberty, and the Burma Lawyers Council. In attendance were delegates from various democratic ethnic nationality organisations from Burma, and legal and non-legal environmental experts from Thailand, Japan, the United States, Netherlands, Australia and New Zealand..."
Language: English
Source/publisher: "LawKa PaLa - Legal Journal on Burma" - No. 1 (October 1997) - Burma Lawyers' Council (BLC)
Format/size: pdf (121K)
Date of entry/update: 31 July 2018


Title: Comparative Constitution Drafting Processes in the Philippines, Thailand and Burma: Drafting Process plays Crucial Role for Contents
Date of publication: October 1997
Description/subject: "For a society where fundamental human rights and civil rights are guaranteed, laws that are made in a way without upholding the consent of governed may not be considered as fair. This ideas will apply most importantly in constitution making. It does not necessarily mean that all the people must be involved in all law making processes, but it is necessary that those who make laws have the people's mandate. While many are interested to debate the contents of the constitution, we should not neglect that the drafting process itself is the primary determiner of the contents of the constitution..."
Language: English
Source/publisher: "LawKa PaLa - Legal Journal on Burma" - No. 1 (October 1997) - Burma Lawyers' Council (BLC)
Format/size: pdf (111K)
Date of entry/update: 31 July 2018


Title: Legal Protection for Refugees from Burma
Date of publication: October 1997
Description/subject: "This article will examine the responsibilities and obligations of Burma, Thailand, and the United Nations High Commissioner for Refugees (UNHCR)in relation to the current refugee crisis of Burma, and makes comment on the position of Bangladesh. Thailand and Bangladesh's obligations and responsibilities, given that they are non-contracting parties to the 1951 Refugee Convention, will be commented on within the framework of their obligations at international law, both formal and customary..."
Language: English
Source/publisher: "LawKa PaLa - Legal Journal on Burma" - No. 1 (October 1997) - Burma Lawyers' Council (BLC)
Format/size: pdf (134K)
Date of entry/update: 31 July 2018


Title: Modernization, Democracy and Constitutional Reform in Burma
Date of publication: October 1997
Description/subject: "This is the report to mainly assess the ploy of the ruling military regime in Burma, self-claimed State Law and Order Restoration Council (SLORC), to achieve legitimacy to rule the country for the long term through the National Convention, their constitution making process. This paper will explore how the SLORC have manipulated the political process through legal device to gain legitimacy and credibility, domestically, but more importantly to them, regionally and internationally. Moreover, there will also be a brief analysis on the constitutional principles laid down by SLORC's National Convention..."
Language: English
Source/publisher: "LawKa PaLa - Legal Journal on Burma" - No. 1 (October 1997) - Burma Lawyers' Council (BLC)
Format/size: pdf (134K)
Date of entry/update: 31 July 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