BURMA/MYANMAR: No Rule of Law via Special Branch, Militarised Police

On 11 March 2014 a presidential commission of inquiry into the latest violence in the far west of Burma, or Myanmar, presented its findings. According to the commission, which is the latest in a series examining violence around the country, numbers of security forces in some areas need to be significantly increased […]

The 2014 Census, Identity and Citizenship in Burma/Myanmar

The 2014 Population and Housing Census is likely to undertake the most significant ethnic and political boundary-making in Burma/Myanmar since the last British census in 1931. However, by using flawed designations from the colonial era and ignoring the complexity of the present political landscape, the census is likely to raise ethnic tensions at precisely the moment that peace negotiations are focused on building trust […]

Not a Rubber Stamp: Myanmar’s Legislature in a Time of Transition

Myanmar’s new legislature, the Union Assembly formed in 2011 on the basis of elections the previous year, has turned out to be far more vibrant and influential than expected. Both its lower and upper houses have a key role in driving the transition process through the enactment and amendment of legislation needed to reform the outdated legal code and are acting as a real check on the power of the executive.

Yet, some bills moving through the legislature have raised concerns that the authorities, both legislative and executive, may not be ready to give up authoritarian controls on the media, on civil society organisations and on the right to demonstrate. More broadly, the role of the 25 per cent military bloc and its impact on the legislature have been questioned. Serious individual and institutional capacity constraints and unclear procedures serve as a brake on effective, efficient lawmaking […]

Right to Counsel: The Independence of Lawyers in Myanmar

Lawyers continue to encounter impediments to the exercise of their professional functions and freedom of association, as well as pervasive corruption, although they have been able to act with greater independence, says the ICJ in a new report launched today.

Right to Counsel: The Independence of Lawyers in Myanmar – based on interviews with 60 lawyers in practice in the country – says authorities have significantly decreased their obstruction of, and interference in, legal processes since the country began political reforms in 2011 […]

Rule By Law: An Analysis of the Use of Legislation to Stifle Civil Society Space in Burma

This paper is primarily an analysis of the raft of legislation that is in the process of being pushed through parliament to target HRDs, activists, protestors and CSOs, and the threat that such legislation poses to their fundamental rights – which Burma is legally bound to respect and protect under the 2008 Constitution. This paper will also look at the current situation of political prisoners to demonstrate how the legislation is being misused in collaboration with a compliant judiciary and the Myanmar National Human Rights Commission […]

Myanmar: Public Service Media Needed but Proposed Bill Inadequate

Establishing a genuine public service media is desperately needed in Myanmar to provide an independent, impartial and balanced source of information, and to encourage pluralism. Unfortunately, the proposed bill on public service media would if adopted continue state control of the media and the disenfranchisement of ethnic minorities. ARTICLE 19 urges parliament to make significant changes before adopting it […]

Explanation About Article 401 of the Criminal Code of Procedure

401.(1) When any person has been sentenced to punishment for an offence, the President of the Union may at any time, without conditions or upon any conditions which the person sentenced accepts, suspend the execution of his sentence or remit the whole or any part of the punishment to which he has been sentenced […]

Myanmar: Analysis of Government Press Law

The Centre for Law and Democracy (CLD) and International Media Support (IMS) today released Comments on the draft Printing and Publishing Enterprises Law (draft Law) released by the Ministry of Information of Myanmar in early March 2013. In August 2012, the Ministry tasked the Interim Press Council with preparing a draft Press Law, and the release of the draft Law by the Ministry came as a surprise to many observers. As the Comments make clear, the draft Law fails in important ways to conform to international standards regarding media freedom […]

The Foreign Investment Law (2012)

The full text of the Foreign Investment Law in English and Burmese.

The Decree on the Right to Peaceful Assembly and Peaceful Procession

The Decree on the Right to Peaceful Assembly and Peaceful Procession is one of the first laws governing civil and political rights to be adopted since the election of a quasi-civilian government in November 2010. ARTICLE 19’s analysis of the law finds the law to be inconsistent with the right to freedom of expression and the right to assembly.

In the analysis, ARTICLE 19 appreciates the Decree’s recognition of the state’s duty to protect assembly participants. However, the requirement for permission to hold an assembly, the grounds for denying permission, the lack of a court appeal and the absence of guarantees for media access to assemblies are problematic and must be urgently revised […]