Government of the Union of MyanmarThe Government of the Union of Myanmar
Myanmar and Australia sign the Cooperation Agreement to Combat
March 13, 2014 - Today's signature of an accord between the Union of Myanmar and the Government of Australia marked an important new beginning for anthrafficking in the area. The signature represents a landmark in the implementation of the new Australia-Asia Programme to Combat Human trafficking (AAPTIP) - a programme financed by the Government of Australia, which began in August 2013 with a five-year $50 million (AUD) pledge to reinforce the capacities of regional authorities to combat the traffic in humans through penal sanctions.
AAPTIP is built on a powerful relationship between Australia, Myanmar, Laos, Cambodia, Vietnam, Thailand, Indonesia and the Philippines to fight the trade in the area. Australia has accumulated more than $50 million (AUD) between 2003 and 2013 to help this work. Myanmar's response to the traffic in humans is co-ordinated by the Government Working Group on Legal Framework and Law Enforcement, under the chairmanship of the Union Deputy Prosecutor General.
The AAPTIP will work in close cooperation with the Government of Myanmar, in particular the Ministry of the Interior and the Public Prosecutor's Office, to establish domestic human traffic control benchmarks that AAPTIP can help with technology and education.
Up-to-date: The legal system of the Republic of Myanmar at a glance
Dr. Md. Ershadul Karim is a senior lecturer at the Law Faculty of the University of Malaya, Kuala Lumpur, Malaysia and a non-practicing attorney registered at the Bangladesh Supreme Court. Myanmar (hereinafter "Myanmar") is a sovereign state in Southeast Asia bordering Bangladesh, India, China, Laos and Thailand.
There are seven regions and states and areas of the Union, namely Kachin State, Kayah State, Kayin State, Chin State, Sagaing Region, Taninthayi Region, Bago Region, Magway Region, Mandalay Region, Mon State, Rakhine State, Yangon Region, Shan State, Ayeyawady Region and Nay Pyi Taw as areas of the Union.
Myanmar's present capitol is also Nay Pyi Taw[Sections 45 & 50, the Constitution of the Republic of Myanmar 2008]. Below "the 2008 Constitution"] and Yangon, the former, will remain the trading capitol. Myanmar is a country that, according to the Central Intelligence Agency, is full of abundant reserves of nature such as anti-money, carbon, copper, hydro, plumb, limestone, marmoreal, mineral oil, gems, wood, pewter, wolfram, zinc and more.
Myanmar is both multi-ethnic and multi-religious and Myanmar is the country's main foreign tongue. The three strands of sovereignty are divided between the Union, the regions, the States and the self-governing territories[Section 11, Constitution of 2008]. Prior to the UK invasion, Myanmar was governed by total monarchy [" Thet Oo San Pine" system in Burmese] and thus royalty has the highest authority in the law, legislature and judge.
He was the highest official in the government and was supported by Wonmin, Myosar, Thanbyin, Kalan, Ywarsar and Luhlin Kyaw. Exclusive legislature was given to the sovereign and he was supported by the Hluttaw (Parliament). He was also the highest instance of justice and was supported by the Supreme Queen, the Crown Prince, the Princes and the Parliamentary Ministries, the Magistrates nominated by the Queen, the Governors, the City Heads and the Presidents of the villages.
Myanmar's legal system dates back to the Bagan period (849-1287 AD). "The term "Dhammthat" is a derivation of the "Hindu Dharmashatra" (legal treaties), which later developed into a Myanmar customary right. 1 ] Phyat-htone refers to the court rulings of King Hluttaw and various benches and courts in the state.
Myanmar has continued to base itself on the principles of the ordinary laws since it became independent on January 4, 1984. 3 ] The Supreme Tribunal, the Supreme Tribunal and other lower tribunals were set up at various stages under the Union Judiciary Act of 1948. It was the highest and last appellate tribunal in the Union and its rulings were mandatory for all other tribunals.
The Revolutionary Council overthrew the former justice system in 1962 and created the Supreme Court to be consistent with nationalism. A new constitution was adopted in 1974, establishing the Central Court, State and District Court, Township Court, Wards and Village Tracts Court.
The State Law and Order Restoration Council passed the Justice Act in 1988 to reform the aforementioned SJC. Both the Supreme Court and the Supreme Court were re-established in the same year. This was rescinded in 2000 by the Justice Act of the State Peace and Development Council in the transformation of the judiciary.
4 ] Finally, in 2010 the Union's Justice Act was adopted to take over the present justice system in accordance with the 2008 EU Constitution. Bingham Center for the Rule of Law has produced a Optional Awareness Booklet containing the most important regulations of the present Myanmar Charter and possible areas of reporting. Myanmar's government consists essentially of the President, the Vice-Presidents, the Ministers of the Union and the Prosecutor General of the Union (Section 20 of the 2008 Constitution).
In accordance with the Constitution, the Union's powers are divided between the Union, the regions, the States and the self-governing territories. Director is the President, who has priority over all other people throughout the Union (§§ 58, 199, Constitution 2008). With the agreement of Pyidaungsu Hluttaw (sections 202, 232, 233, 234, 235, Constitution 2008), the President may nominate or recall the ministries of the Union government and determine the number of Union ministers.
It may also, with the agreement of Pyidaungsu Hluttaw, designate the Union Prosecutor General and the Deputy Prosecutor General to support the Prosecutor General (§§ 237, 239, Constitution 2008). You can find out more about the position of President of the Republic of Myanmar here.
Each of the regions and the regional government are constituted with the prime minister of the regions or the state, the ministers of the regions or the state, the advocate general of the regions or the state (§ 248 (a) and (b) of the 2008 constitution). In general, these regional or national authorities have the task of supporting the government of the Union in maintaining the Union's security, calm, peace and rule of law and order (Section 250, Constitution of 2008).
A Hluttaw official shall be appointed by the President as the Chief Minister of the region or state in charge of approving the region or state of Hluttaw (§ 261(c), Constitution 2008). A copy of the law of the region or state government, 2010 is available here. The Asia Foundation's report on the Myanmar state and regional government.
A self-governing division or zone management organ is referred to as a governing body[Section 275, the 2008 Constitution], which has at least 10 members[Section 276 (c), the 2008 Constitution]. To be appointed by the President, the President shall designate the individual appointed as Chairman of the self-governing division or the relevant self-governing zone[§ 276(f), Constitution 2008].
With regard to the management of Nay Pyi Taw, the territory of the Union, the President must establish a Nay Pyi Taw Council and nominate individuals with the skills required by the 2008 Constitution, as well as members of the Nay Pyi Taw Council (§§ 284 and 285, 2008 Constitution).
Part 2 du secteur pétrolier et gazier du Myanmar Rapport d'évaluation de l'impact sur la structure gouvernementale et le cadre juridique développé par le Myanmar Center for Responsible Business hier. Legislature lies with the "Pyidaungsu Hluttaw" ("The National Parliament"), which consists of the two Hluttaws, namely the "Pyithu Hluttaw" ("The People's Assembly or the House of Representatives") and the "Amyotha Hluttaw" ("The National Assembly or the Senate")[Section 74, the 2008 Constitution].
The Pyidaungsu Hluttaw makes legislation, authorizes the government to disburse government funds, reviews the government's actions and is a platform for discussion on topics of interest to the nation. Pyithu Hluttaw is made up of a total of 440 members and consists of no more than 330 members chosen on the base of the community and the people and no more than 110 members appointed by the Commander-in-Chief of the Defence Services[Section 109, Constitution 2008].
Hluttaw Amyotha is composed of 168 equally represented regional and state officials and 56 defence service officials appointed by the Commander-in-Chief of Defence Services[Section 141, Constitution 2008]. Pyidaungsu Hluttaw has the authority to legislate for the whole or part of the Union on issues included in the list of Union legislative acts (Section 96 of the 2008 Constitution).
The Pyidaungsu Hluttaw[Section 98, Constitution of 2008] has the right to legislate on other issues not included in the Union, regional or national legislation and in the self-governing section "Governing Body" or "Governing Board of the self-governing zone". The EU may also legislate in relation to the Union's territory if necessary[Section 99, the 2008 Constitution].
Every trade union law enforcement agency is empowered to bring to Pyidaungsu Hluttaw draft laws concerning issues on the Union's legislative list. Draft laws on domestic planning, yearly budget and taxes must, however, be submitted to Pyidaungsu Hluttaw (Section 100, Constitution 2008) only.
Pyidaungsu Hluttaw, with the exception of those under the Pyidaungsu Hluttaw's sole legal authority, is still authorized to either initiating and debating the Pyithu Hluttaw or the Amyotha Hluttaw[Section 101, Constitution 2008]. When a bill introduced in the Pyithu Hluttaw or the Amyotha Hluttaw is accepted by both Hluttaws, it is considered to have been accepted by the Pyidaungsu Hluttaw.
When there is a difference of opinion between the Pyithu Hluttaw and the Amyotha Hluttaw regarding a law, the law is debated and solved in the Pyidaungsu Hluttaw[Section 95, the 2008 Constitution]. Any bill endorsed or considered to be endorsed by Pyidaungsu Hluttaw shall be submitted to the President for signing.
The customer must return the invoice to Pyidaungsu Hluttaw within 14 working hours with his own personal signatures or a comment. Failing this within the specified time limit, the bill may be announced the next full working full working week and the bill becomes a law[§ 105, Constitution 2008].
If the President returns the bill together with his remarks within the time limit set, Pyidaungsu Hluttaw may agree to his remarks and decide to modify or authorize the bill as it stands without acceptance of his remarks. Failure by the President to sign the bill within seven workingdays will make it a bill as if it had been done on the last date of the deadline[§ 106, Constitution 2008].
Eventually, the bill itself becomes a bill on the date of promulgation, but without affecting the right of parliament to defer application of a bill or to pass retroactive laws[Art. 107, Constitution 2008]. Pyidaungsu Hluttaw is also empowered to take decisions on the ratification, annulment and revocation of any kind of treaty, whether ratification, cancellation or revocation of any treaty, whether national, provincial or multilateral; it may grant the President the right to enter into, annulment or revocation of any treaty without his consent (§ 107 of the Constitution of 2008).
Following the adoption of a statute, ordinance or statute by Pyidaungsu Hluttaw, the competent authority may circulate such statutes and present them to its Pyithu Hluttaw or Amyotha Hluttaw representative so that they may be repealed or amended within 90 workingdays of the day of their presentation and dissemination.
In the event of a difference of opinion between Pyithu Hluttaw and Amyotha Hluttaw regarding the repeal or amendment of laws, it shall be presented to Pyidaungsu Hluttaw (§§ 137 and 157 of the 2008 Constitution). Draft laws presented by an organisation at Union policy is considered to have been introduced in the Pyithu Hluttaw and to have been debated and adopted in the Pyithu Hluttaw if they are sent in accordance with the required Pyidaungsu Hluttaw procedures[§ 138 (a), Constitution 2008].
When a bill presented by an organisation at Union and sent to Amyotha Hluttaw in accordance with the required Pyidaungsu Hluttaw procedure, it is assumed that this bill is proposed in Amyotha Hluttaw and thus debated and adopted in Amyotha Hluttaw (Section 158 (a), Constitution 2008).
Draft laws concerning other issues, with the exception of those listed in the list of Union legislative acts, where the draft law is presented and adopted solely by Pyidaungsu Hluttaw, may be introduced either in Pyithu Hluttaw or Amyotha Hluttaw in accordance with the required procedure (sections 136 and 156 of the 2008 Constitution).
If a law adopted by one institution is to be sent to another institution for further discussion and resolution[§§ 138 (c) and 158 (c), the 2008 Constitution]. If the home from which the invoice originates agrees to changes made by the other home, it will forward the invoice to Pyidaungsu Hluttaw.
In the event of disagreements between two institutions regarding a draft law, the decision of Pyidaungsu Hluttaw (§§ 139 and 159 of the 2008 Constitution) shall be adopted. The Hluttaw region (Regional Assembly) or State Hluttaw (State Assembly)[ 49 and 161, Constitution 2008] are each of the fourteen large administration and states.
Hluttaw Region or State shall have the authority to legislate for the whole or part of the Region or State on issues specified in List 2 of the Region or State of Hluttaw Legislative List[Section 188, Constitution of 2008]. The Hluttaw region or state must, however, comply with the Constitution and the applicable Union law[§ 89 (b), Constitution 2008].
The self-governing division or the self-governing zone heads shall have the legislature to deal with the issues included in List Three for each division or zone (Section 196 of the 2008 Constitution). The Union's judiciaries are set up under the 2008 Constitution and comprise the Supreme Court of the Union, the Supreme Regional Jurisdictions, the Supreme Tribunals of the State, the Tribunals of the Self-governing Division, the Tribunals of the Self-governing Zone, the District Tribunals, the Local Authorities and the other Tribunals set up by statute; the War Tribunals and the Constitutional Court of the Union (Section 293 of the 2008 Constitution).
The Union Judiciary Law[the Union Judiciary Law 2010] was adopted on 28 October 2010 to give effect to the legal work of the above mentioned tribunals in the current justice system[Preamble, The Union Judiciary Law 2010]. You can find an information session on the justice system and trials in Myanmar here.
Here you can find an article about an introductory look at the laws and legal system of Myanmar. It is the supreme tribunal of the Union, without prejudice to the competence of the Constitutional Tribunal and the Courts of War[Section 294, Constitution 2008]. This is the culmination of Myanmar's judiciary, which operates as an autonomous institution "alongside the legislature and the executive".
" It is located in Nay Pyi Taw and is presided over by the Supreme Court of the Union. He may be appoined from a number of at least seven and at most eleven Supreme Court Justices, up to and including the Chief Justice (§§ 299 (a) and (b) of the 2008 Constitution). A Supreme Judge and Supreme Court Judge may be designated by the President after obtaining the consent of Pyidaungsu Hluttaw, who is not entitled to reject the nominee proposed by the President for nomination, unless it can be clearly demonstrated that the candidates do not fulfil the conditions for office[§§ 299 (c) and (d), Constitution 2008].
First and foremost, the Supreme Court has competence for issues resulting from agreements made by the Union; for litigation, with the exception of fundamental issues, between the government of the Union and the region or the government of States or between the regions, between States, between the region and the State and between the territory of the Union and the region or the State; for acts of terrorism and other crimes perpetrated on the surface or in cosmopolitan waters or air; and for other issues required by law[§ 295(a), the Constitution
Decisions of the Supreme Tribunals of the Regions or States and decisions of other tribunals in accordance with the law[Art. 295(d), Constitution 2008; Art. 12, Justice Act of the Union 2010 ]. The judiciary also has the authority to review all judgements and orders of a lower court[ 295(e), Constitution 2008; 13, Union Judiciary Act 2010] and to confirm the capital punishment and to challenge the capital punishment[14, Union Judiciary Act 2010].
Furthermore, it is competent to assign a case from a court to itself or another court[§ 15, Union Judiciary Law 2010]. This authority to make written submissions is, however, not available in areas where a state of exception is declared[Art. 296, Constitution 2008; Art. 16, Union Judiciary Law 2010 .
rulings of the Supreme Tribunal are both definitive and concluding and thus the last appellate tribunal in the whole Union[§ 295 (b) and (c), Constitution 2008; §§ 18 and 22, Union Judiciary Law 2010 . For each region and the State of the Union a Supreme Tribunal will be established[§ 305, Constitution 2008].
Every High Court is chaired by the Supreme Judge of the Supreme Court of the region or by the Supreme Judge of the Supreme Court of the State. He may be nominated from a number of at least three and at most seven magistrates, with the Supreme Judge of the Supreme Court included[Section 308(a), Constitution 2008].
After obtaining the consent of the region or State of Hluttaw, which has no right to reject the nominee appointed by the President for the nomination, the President may nominate the Supreme Judge and Judges of the Supreme Court in consultation with the Supreme Judge of the Union and the Supreme Minister of the region or State concerned, unless it can be clearly demonstrated that the individuals do not fulfil the conditions for the post[§ 308 (b), Constitution 2008].
Each Supreme Court of the region or state has the competence to decide on the initial case, the case of appeals, the case of appeals and other issues required by law[Section 308, the 2008 Constitution; Section 38, the 2010 Union Judiciary Act]. The judiciary is responsible for the decisions, enactments and orders of all other lower courts[ 39, Union Judiciary Laws 2010].
They also have the authority to oversee the district courts and local courts in the region or the state and the court of the self-governing department as well as the court of the self-governing zone if there are self-governing areas in the region or the state[Section 314, 2008 Constitution]. Furthermore, it is competent to assign a case from one court to itself or to another court within the region or state concerned[§ 40, Union Judiciary Law 2010].
For more information about the Supreme Court of the region and the Supreme Court of the State, click here..... Regional and local government tribunals and self-governing district and local government tribunals have competence in penal and civilian cases, appeals, appeals and other cases required by law[ 315 of the 2008 Constitution; 53, 54 of the Union Judiciary Act 2010].
Each Supreme Court of the region or state oversees the nomination of judges at that court level[Section 318(a), Constitution 2008]. The township courts have competence in penal, civilian and other legal matters[Art. 316, Constitution 2008; Art. 56, Union Judiciary Act 2010].
Each Supreme Court of the region or state oversees the nomination of judges at that court level[Section 318(a), Constitution 2008]. Most of these layers of court are court of the origin. More about Township Court here . War tribunals are set up under the 2008 Constitution to convict defence service personnel[Section 319, 2008 Constitution].
of the Constitutional Court of the Union consists of nine members, i.e. three members elected by the President, three members elected by the President of Pyithu Hluttaw and three members elected by the President of Amyotha Hluttaw, and one member appointed as Chairman (§§ 320, 321, Constitution 2008).
The main tasks are the interpretation of the Constitution's rules, the decision on constitution dispute within the Union and the verification of the compliance of the proclaimed legislation with the Constitution[Art. 322, Constitution 2008]. After Pyidaungsu Hluttaw's consent, the President may nominate the Chairman and his members, who has no right to reject the candidates proposed by the President for nomination, unless it can be clearly demonstrated that they are unqualified for the post[§§ 327, 328, Constitution 2008].
President, Pyidaungsu Hluttaw spokesman, Pyithu Hluttaw spokesman, Amyotha Hluttaw spokesman, the Union Chief Justice and the Chairman of the Union Electoral Commission have the right to bring any issue of the Constitution before the Court and to search for interpretations, resolutions and opinions[Section 325, Constitution 2008].
In addition, the Prime Minister of the region or state, the Spokesman of the region or state of Hluttaw, the Chairman of the Governing Body of the self-governing division or the Governing Body of the self-governing zone and Representative comprising at least ten per cent of all Pyithu Hluttaw or Amyotha Hluttaw members may also have the right to present any matter of a constitution to the Court in accordance with the required procedure and to obtain the interpret, the decision and the opinion[Section 326, Constitution 2008].
Any court which, in accordance with the procedure laid down for its position, presents any case of questions of a constitution to the Court shall remain in session until such a decision is received. Moreover, its decision is definitive and final[Section 323, the 2008 Constitution]. Other competent tribunals exist: juvenile justice for convicting crimes perpetrated by children, city justice for convicting local authority crimes and motor vehicle justice for convicting street crime.
Learn more about the judicial system and trial in Myanmar here. A handbook on media access to the judiciary with information on the constitution of the judiciary and case history can be found here. Myanmar's legal resources include constitutional, legal, constitutional, civil and ordinary laws.
UK commons laws created and adopted during the UK occupations in Myanmar are used when there are no laws in place to settle a particular issue before the courts. All laws, regulations, orders or ordinances adopted by Pyidaungsu Hluttaw and either ratified or considered to have been ratified by the President are posted in the Myanma Naingngan Pyantan (Myanmar Gazette).
It is edited by the News and Periodicals Enterprise (NPE) under the Ministry of Information of Myanmar. They also publish on a yearly basis legislation, regulation, ordinances or statutes issued in Burma and English in the year in question under the heading "Myanmar Laws". Some of the cases of the supreme tribunals are chosen by the Joint Selecting Committee, composed of the Supreme Court of the Union and Deputy Prosecutors General and the Director General of the Prosecutor General's Office of the Union, to be made public in the Union's Supreme Court's publication of the Joint Selecting Committee.
The cases ruled by the Supreme Court of the Union are made public on its formal website (see judgment). You can find the World Law Guide page about Myanmar with some legislation here. A lawyer is authorised to appear before any court of the Union, while a plea is admitted only before lower levels of court.
They are all under the authority of the Prosecutor General, whose authority and obligations are described in the Prosecutor General of the 2010 Union Law. 9 ] Lawyers are regulated by the Lawyers Act of 1879 and the Bar Association Act of 1926. Myanmar University offers Bachelor of Laws (LL. B) (five-year program), Master of Laws (LL. M) (two-year program), Master of Research (M. Res) (one-year program) and Doctor of Philosophy (Ph. D) (five-year program).
Here you can find an article about measures to prevent corruption in Myanmar in administrative and penal law. An article about copyright in Myanmar, here . The report of Human Rights Institute on the Rule of Law in Myanmar Challenges and Prospects, hier... Here Sie hier den Bericht des International Center for Transitional Justice Report on Navigating Paths to Justice in Myanmar's Transition (anglais).
The International Commission of Lawyers' Country Report on Myanmar can be found here. Here you can find an article about women's rights under Myanmar's common law. Here you can find an article about divorce proceedings according to Myanmar customary law. For the USAID report on access to justice and administrative law in Myanmar, click here.
Here you can find a paper on Myanmar's binding obligations under international law. One copy of the book "Private International Law in Myanmar", authored by Adrian Briggs and edited by the University of Oxford, is available here. Tapered Hats and Satchel", newsletter, issue 25, International Institute for Asian Studies (Leiden) (October 2001) available at http://www.iias.nl/iiasn/25/theme/25T7. html (accessed 30.06. 2013); Nyo Nyo Thinn, "The Legal System in Myanmar and the Foreign Legal Assistance", Law and Development Forum (2006) pp. 389-393.
3 ] See Tun Shin, "Since Myanmar is part of the Common Law system of justice, Myanmar's justice system is profoundly entrenched with juridical principles, court practices and precedent set out in the international principles of law applied by consecutive magistrates around the world," Vol. XX, No. 296, The New Light of Myanmar (February 10, 2013) p. 1 and 8.
5] Liam Cochrane, Aung San Suu Kyi becomes'Council of State' of Myanmar, ABCNet News (April 5, 2016). 6 ] Art. 61 (a) of the Constitution of the Republic of Myanmar 2008. Aung San Su Kyi becomes Councillor of State of Myanmar: 8 ] Siehe Htun Htun Htun Oo, "Current Development of Judicial System in Myanmar", Judicial Journal (28 novembre 2012) S. 3  Nang Yin KHAM, An introduction to the Law and Judicial System of Myanmar, NUS Centre for Asian Legal Studies Working Paper 14/02, erschienen am 30. Mai 2017.