Legislation under consideration, adopted, amended or repealed
Websites/Multiple Documents
Description:
Stopped October 2016. The Archive survives.
Source/publisher:
Various sources via "BurmaNet News"
Date of entry/update:
2015-03-08
Grouping:
Websites/Multiple Documents
Category:
Politics, Government and Governance - Burma/Myanmar - general studies, Parliament - general articles and reports, Legislation under consideration, adopted, amended or repealed
Language:
English
more
Description:
Link to an OBL section on Burma?s legislature
Source/publisher:
Online Burma/Myanmar Library
Date of entry/update:
2016-06-04
Grouping:
Websites/Multiple Documents
Language:
English, Burmese (မြန်မာဘာသာ)
more
Individual Documents
Topic:
2020 Election, Democracy, disenfranchisement, Electoral Law, Ethnic groups, ethnic nationalities, fairness, franchise, Migrant Workers, Military, National League for Democracy, NLD, overseas workers, Union Election Commission, vote, voters, voting, voting rights
Topic:
2020 Election, Democracy, disenfranchisement, Electoral Law, Ethnic groups, ethnic nationalities, fairness, franchise, Migrant Workers, Military, National League for Democracy, NLD, overseas workers, Union Election Commission, vote, voters, voting, voting rights
Description:
"There are about 3 million migrant workers from Myanmar in Thailand, with perhaps an additional million dependent family members. Some 2 million of these people are officially registered with the Thai authorities. A large proportion are from ethnic nationality communities, such as the Mon, Karen, Karenni and Shan, who have suffered disproportionately from decades of conflict and violence in Myanmar. In many cases, they fled to neighboring Thailand in desperation, because their livelihoods and basic security were threatened at home.
In the 2015 elections, only 20,000 overseas Myanmar citizens voted—of whom 19,000 were living in Singapore; only 600 people voted in Bangkok and Chiang Mai, where there is a Myanmar consulate. Myanmar overseas workers were effectively disenfranchised. In 2015 this fact was little noted, amid the euphoria of a National League for Democracy (NLD) win after decades of military rule in Myanmar. In the interests of equity, and to ensure that the 2020 election results are deemed credible by minority communities, it is crucial that the forthcoming polls are seen to be free and fair.
Therefore, the Union Election Commission (UEC) should establish procedures for overseas-based Myanmar citizens to vote. At a minimum, arrangements should be made for them to vote at Myanmar embassies abroad. In order that the elections are seen as just and inclusive, such an initiative should be broader and permit migrant workers to vote in or near their place of work, as it is expensive and potentially illegal and risky for migrant workers in Thailand (for example) to travel to Bangkok, if they are not based there..."
Source/publisher:
"The Irrawaddy" (Thailand)
Date of publication:
2020-01-29
Date of entry/update:
2020-02-04
Grouping:
Individual Documents
Category:
The 2020 General Elections in Burma/Myanmar, The Military's political role, Politics, Government and Governance - Burma/Myanmar - general studies, Legislation under consideration, adopted, amended or repealed
Language:
more
Topic:
2008 Constitution, Constitution Amendment Committee, Democracy, Kokang Democracy and Unity Party, Military, National League for Democracy, NLD, Tatmadaw, U Myat Nyana Soe, veto
Topic:
2008 Constitution, Constitution Amendment Committee, Democracy, Kokang Democracy and Unity Party, Military, National League for Democracy, NLD, Tatmadaw, U Myat Nyana Soe, veto
Description:
"Myanmar’s parliamentary committee tasked with proposing changes to the 2008 Constitution has finished drafting two amendment bills.
Nearly 30 members from the National League for Democracy (NLD) and various ethnic parties on the committee approved the amendment bills on Monday. But all military representatives on the committee were absent from the meeting, said the committee’s secretary U Myat Nyana Soe, an Upper House lawmaker from the NLD. The Constitution Amendment Committee — the mechanism that the NLD and ethnic parties chose for reforming the military-drafted Constitution — was formed last February with 45 members from 14 political parties, independent representatives and members of the military bloc in Parliament.
The NLD holds 18 seats on the committee, the military has eight and the military-backed Union Solidarity and Development Party (USDP) was given two.
The USDP, Arakan National Party and the National United Democratic Party quit the committee late last year. The military rejected the existence of the committee and its works as unconstitutional. Meanwhile, the military members submitted two amendment bills and three bills jointly with the USDP to the Parliament last year..."
Source/publisher:
"The Irrawaddy" (Thailand)
Date of publication:
2020-01-20
Date of entry/update:
2020-01-21
Grouping:
Individual Documents
Category:
National and State constitutions, draft constitutions and amendments (commentary), Legislation under consideration, adopted, amended or repealed, The Military's political role, Politics, Government and Governance - Burma/Myanmar - general studies
Language:
more
Sub-title:
Uncertainty and confusion over Myanmar’s proposed oil and gas law risk alienating existing investors and could undermine the next crucial bidding round, according to companies and experts in the sector.
Description:
"Time is running out for the Ministry of Electricity and Energy to launch the round by the end of the year, having initially planned to start the process in the first half of 2019.
The government published the revised text of the draft oil and gas law for public consultation in August with the aim of reforming the legal framework and replacing the 1957 petroleum resources act. But the association representing oil and gas investors has highlighted its objections to parliament in a letter, of which The Myanmar Times has seen extracts.
Gas produced offshore in Myanmar is delivered to the domestic market and exported to Thailand and China, forming a major source of government revenues. In 2017-18, natural gas exports accounted for US$3.1 billion, or around 50 percent of total export revenues.
But 2019 is a far cry from the heydays of 2013-2014, when in the space of 12 months the country enjoyed a rapid increase in foreign direct investment with the award of 16 onshore and 20 offshore blocks. There has been no international bidding under Daw Aung San Suu Kyi’s administration.
State-owned Myanma Oil and Gas Enterprise (MOGE), the de facto regulator, has pledged to go ahead with the release of 15 offshore and 18 onshore blocks to international bidders this year, leaving open the possibility of a bidding round without a new law. At present, there are 38 offshore and 27 onshore joint ventures in Myanmar, which are structured as production sharing contracts (PSCs)..."
Source/publisher:
"Myanmar Times" (Myanmar)
Date of publication:
2019-10-14
Date of entry/update:
2019-10-14
Grouping:
Individual Documents
Category:
Legislation under consideration, adopted, amended or repealed, Natural Resource Use, Burma/Myanmar - policy and law, Natural Resource Use, Burma/Myanmar - reports, articles etc., Government of Myanmar (oil and gas)
Language:
more
Description:
"What are trademarks?
Under the new Myanmar Trademark Law 2019, trademarks are defined as any visually perceptible sign that distinguishes the goods or services of one undertaking from those of other undertakings. This includes an individual’s personal name, letters, numerals, graphical representations, and combinations of colors. Nevertheless, it is important to note that not all trademarks are registrable. For example, an application to register trademarks that are deemed to lack distinctiveness, or are directly descriptive of goods or services, will be refused. An application may also be rejected if the trademark is applied for in bad faith, or is identical or confusingly similar to a third party’s trademark.
I have already registered my trademarks in my home country. Why do I need to file new applications in Myanmar?
Trademark rights are territorial in nature. This means that the ownership of a registered trademark in another country will not be sufficient for you to establish grounds for trademark infringement, if your trademark is used by an unauthorized third party in Myanmar. If you are using (or if you are planning to use) your trademark in Myanmar, it is highly recommended for trademark protection to be sought here. You may also wish to consult your trademark agent on the possibility of claiming the priority date of your foreign trademark applications in Myanmar..."
Source/publisher:
"LEXOLOGY"
Date of publication:
2019-09-25
Date of entry/update:
2019-09-25
Grouping:
Individual Documents
Category:
Laws, decrees, bills and regulations relating to the judiciary (commentaries), Legislation under consideration, adopted, amended or repealed, Laws and regulations governing investment, Burma/Myanmar's Foreign relations, general
Language:
more
Description:
"Burma Human Rights Network calls upon the Burmese Government to repeal the antiquated and anti-democratic laws that have resulted in the one-year prison sentence with hard labor against filmmaker U Min Htin Ko Ko Gyi for a Facebook post that was critical of the Military. According to the verdict, U Min Htin Ko Ko Gyi was found guilty of causing military personnel to “mutiny” or “otherwise disregard or fail in their duty.” The post in question criticized the role of the military in politics and Burma’s 2008 constitution which gives the military a mandatory 25% of Parliament and veto power.
“This verdict clearly shows Burma has no interest in democratic principles or the fundamental rights of their citizenship but rather functions intentionally to allow the military dominate the political system and punish anyone who is critical of their record of brutality against their own people. Burma, particularly the National League for Democracy, need to make significant efforts to reverse all oppressive laws which violate the fundamental rights of their citizens. In concert with that, it is vital that those who are imprisoned under such draconian laws be pardoned immediately,” said BHRN Executive Director Kyaw Win.
U Min Htin Ko Ko Gyi recently had surgery for liver cancer. His lawyer, Robert San Aung, told the Irrawaddy Magazine, “U Min Htin Ko Ko Gyi is so sick that he only has a slim chance of surviving. The sentence is unfair and inhumane; it’s an inappropriate sentence for an ailing person.”
U Min Htin Ko Ko Gyi’s criticisms of the Military are valid and vital to helping Burma become a more democratic country that respects the rights of its citizens. Burma must release him immediately out of respect for human rights and compassion for his condition. All laws which violate the fundamental rights of citizens in Burma must be repealed. The international community has an obligation to intervene with the tools at their disposal, including sanctions, to correct the wrongs of the military and Government of Burma. It is critical that steps are taken to ensure a safe place for citizens like U Min Htin Ko Ko Gyi whose contributions are essential to Burma’s progress and betterment as a democratic nation..."
Source/publisher:
"Progressive Voice" via Burma Human Rights Network
Date of publication:
2019-08-30
Date of entry/update:
2019-09-06
Grouping:
Individual Documents
Category:
Legislation under consideration, adopted, amended or repealed, Freedom of opinion and expression: - the situation in Burma/Myanmar - reports, analyses, recommendations
Language:
more
Description:
"Myanmar rolled out a new Companies Law in 2018 to attract more foreign direct investment (FDI) into the country. The new law, which replaced rules made more than a century ago, was one of several initiatives to reform the economy. While the economy had picked up pace, experts cautioned that Myanmar’s FDI targets in 2019 might fall short..."
Source/publisher:
"CNA"
Date of publication:
2019-08-01
Date of entry/update:
2019-09-06
Grouping:
Individual Documents
Category:
Lists, Directories of Foreign Companies in Burma, International Relations, Legislation under consideration, adopted, amended or repealed
Language:
more
Sub-title:
Child Rights Law Needs Further Reform, Effective Enforcement
Description:
"After years of discussion and debate, Myanmar has finally enacted a law to protect the rights of children.
Consistent with the United Nations Convention on the Rights of the Child, which Myanmar has ratified, the law defines a child as anyone younger than 18 and provides all children born in Myanmar have the right to birth registration.
This is important, but other shortcomings need to be addressed. Myanmar should revise the law to provide all children with the right to a nationality and not be stateless – therefore, full citizenship rights. The children of parents Myanmar does not recognize as citizens, notably Rohingya Muslims, or who face discriminatory application of the law, such as Kaman Muslims or women trafficked to China, are denied Myanmar citizenship. Without citizenship, children have difficulty entering school, obtaining health care, and traveling inside the country as well as abroad. Those born in Myanmar often will be stateless, which international law tries to prevent..."
Source/publisher:
"Human Rights Watch"
Date of publication:
2019-08-27
Date of entry/update:
2019-08-28
Grouping:
Individual Documents
Category:
Children, Children's rights: reports of violations in Burma against more than one ethnic group, Legislation under consideration, adopted, amended or repealed
Language:
more
Sub-title:
Ruling NLD’s bid to legally amend a military-drafted constitution aims to win votes at 2020 polls but likely won’t succeed
Description:
"In a move that could put Myanmar’s civilian government on a collision course with the powerful military, a parliamentary committee submitted this week proposed amendments to the country’s constitution.
The anticipated report contains more than 3,700 recommendations for proposed changes to the military-drafted charter, which carves out a strong political role for the armed forces including via control of the defense, home and border affairs ministries.
In 2015, the National League for Democracy (NLD) scored a landslide electoral victory, capturing 135 of the 168 seats up for grabs in the upper house and 255 of 323 in the lower.
Despite the heavily touted transition from direct military to quasi-democratic rule, the military controls 25% of all seats in each legislative chamber through constitutionally allowed appointments of its khaki-wearing representatives.
The NLD’s resounding election victory was won partly on a promise to amend the unpopular charter – and the party is now making the politically sensitive moves as it prepares for pivotal 2020 elections.
The NLD has long advocated for changes to the charter’s article 436, which requires approval from more than 75% of MPs to amend crucial articles, and 59(f), which states that the president and vice president must be born of Myanmar citizens and cannot have foreign spouses or children..."
Source/publisher:
"Asia Times"
Date of publication:
2019-07-17
Date of entry/update:
2019-07-17
Grouping:
Individual Documents
Category:
Legislation under consideration, adopted, amended or repealed, National and State constitutions, draft constitutions and amendments (commentary)
Language:
more
Description:
"Myanmar needs to enact 48 laws as a matter of priority, the Legal Affairs and Special Cases Assessment Commission has told parliament, with legislation aimed at tackling violence against women at the top of that list.
The commission presented its findings in Nay Pyi Taw yesterday.
?We have presented 48 laws that can develop the prosperity of the country and citizens, which can protect citizens, which can ensure law enforcement and justice,” said commission vice chair U Ko Ko Naing.
?[These laws] are suitable for the present day, to be enacted as a priority while the country is reforming,” he added.
U Ko Ko Naing read out a list of the 48 laws that the commission is recommending be pushed through, starting with the National Prevention of Violence Against Women Law..."
Swan Ye Htut
Source/publisher:
"Myanmar Times"
Date of publication:
2016-09-13
Date of entry/update:
2016-09-14
Grouping:
Individual Documents
Language:
English
more
Description:
"A commission headed by former parliament speaker Thura U Shwe Mann has been reviewing the nation?s laws, but some say more clarity ? and consultation ? is needed from the government on its legal reform plans..."
Thomas Kean, Nyan Hlaing Lynn
Source/publisher:
"Frontier Myanmar"
Date of publication:
2016-08-11
Date of entry/update:
2016-08-11
Grouping:
Individual Documents
Language:
English
more
Description:
Lists Burma/Myanmar laws, and recommends which should be removed, revised, rewritten or replaced
Source/publisher:
Cooperative [Joint?] Committee on Drafts via "Myanmar Alin" 3-4 June, 2014
Date of publication:
2014-06-04
Date of entry/update:
2014-07-03
Grouping:
Individual Documents
Language:
Burmese မြန်မာဘာသာ, some English
Format :
pdf
Size:
270.07 KB
Local URL:
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Description:
The State Law and Order Restoration Council -
The Law for the Repeal of Laws -
(The State Law and Order Restoration Council Law No. 1/92) -
The 1st Waning Day of Tabodwe, 1353 ME
(19th February, 1992)
Source/publisher:
State Law and Order Restoration Council (SLORC)
Date of publication:
1992-02-19
Date of entry/update:
2013-06-13
Grouping:
Individual Documents
Category:
Legislation under consideration, adopted, amended or repealed, Burma/Myanmar laws, decrees and regulations (State Law and Order Restoration Council), 1992
Language:
English
Format :
pdf
Size:
64.88 KB
more
Description:
The State Law and Order Restoration Council...
The Law for the (Second Time) Repeal of Laws...
(The State Law and Order Restoration Council Law No. 4/93)...
The 9th Waning Day of Hnaung Tagu, 1354 ME.
(31st March, 1993
Source/publisher:
State Law and Order Restoration Council (SLORC)
Date of publication:
1993-03-31
Date of entry/update:
2013-06-13
Grouping:
Individual Documents
Category:
Legislation under consideration, adopted, amended or repealed, Burma/Myanmar laws, decrees and regulations (State Law and Order Restoration Council), 1993
Language:
English
Format :
pdf
Size:
55.35 KB
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