Monthly Archives: October 2012

We don’t have no corruption here… (Myanmar/Burma)

One thing I’ve said repeatedly is that I’m worried Myanmar’s judiciary is going the way of Indonesia’s, at least to the extent that Reformasi did not tackle judicial corruption when they had the chance. This is why I worry when I saw Justice U Soe Nyunt’s testimony in the Pyithu Hluttaw last week. According to The New Light of Myanmar, the justice claimed that allegations of corruption were merely hearsay. Perhaps, but only because researchers and journalists haven’t ben able to do the type of rigorous research needed to expose corruption.

Fortunately, the Hluttaw Rule of Law Committee is allegedly working on a judicial reform bill, so the issue isn’t being completely ignored. However, much of what we’re heard publicly from the NLD focuses on “judicial independence”. I hope the government recognizes that courts need both independence and accountability.

The New Light of Myanmar reprinted below:

Alleged cases of corruption at different levels of courts not hold water: Supreme Court Judge

Nay Pyi Taw, 25 Oct- As the Pyithu Hluttaw session continued for the sixth day, U Than Tun of Debayin Constituency raised a question about measures for fighting against corruption at court at different levels and U Myint Tun of Kawthoung Constituency about measures of the Supreme Court of the Union for strengthening of judicial pillar, a proposal approved by Pyithu Hluttaw.

Judge of the Supreme Court of the Union U Soe Nyunt described the alleged corruption at different levels of courts from the ground as misleading hearsay without creditability. The Supreme Court of the Union he said has issued instructions to prevent against bribery, corruption, fraud and negligence of judges and personnel at different levels of courts. Such measures as multi-level enforcement, punitive actions against failure to observe instructions and investigation and punishment on receiving complaints are in practice to enforce the instructions. As regards the question of U Myint Tun, he replied that the Supreme Court of the Union has prepared itself to take advices as necessary if the other three pillars are to support the judicial branch. He reckoned that the Supreme Court of the Union would not need to issue law, by-law, order and instruction with regard to proposal passed by the Pyithu Hluttaw. -NLM

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Another Philippine TRO saga? (Philippines)

Just under a year ago, the Philippine Supreme Court issued a TRO preventing authorities from detaining former president Arroyo. Now, Arroyo stands accused of plunder along with 9 other defendants in a trial before the Sandiganbayan (anticorruption court). Arroyo and her co-defendants are accused of misusing funds from the Philippine Charity Sweepstakes Office.

According to reports yesterday, the Supreme Court issued a TRO enjoining the court from issuing an arrest warrant for Arroyo. Allegedly, a TRO for one of Arroyo’s co-defendnats was to have covered her claims as well. 
Today, according to PhilStar, the Supreme Court backtracked and has said Arroyo’s request for a TRO must be considered separately. Regardless, the Sandiganbayan had already continued the trial assuming the TRO did not cover Arroyo.

Of course, given the impeachment of former Chief Justice Renato last year, it’s hard to believe that a TRO against the Arroyo corruption trial won’t produce a backlash. However, the Aquino administration seems less confrontational – at least at this point. Presidential spokesman Edwin Lacierda even reacted to the bizarre news by stating, “Well, we respect, again, that is a decision coming from the Supreme Court and as always we respect the jurisdiction of the SC.”

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Blog post summarizing Constitutional Tribunal dispute (Myanmar/Burma)

I have a post for Tom Ginsburg’s new I-Connect Constitutional Law blog about the Myanmar Constitutional Tribunal impeachment saga. It’s basically just a summary of recent events for American constitutional law scholars who might not have followed news in Myanmar closely. Here is the link:

http://www.iconnectblog.com/2012/10/will-democracy-and-constitutionalism-mix-in-myanmar/

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Rule of Law Committee (Myanmar/Burma)

Aung San Suu Kyi’s Rule of Law Committee has already received 1,700 complaints about land rights and judicial cases. Mizzima has a brief article summarizing recent developments.

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Thein Sein Speech (Burma/Myanmar)

A speech by President Thein Sein about rule of law as it relates to foreign investment from The New Light of Myanmar:


Judicial reform to be made in real time for ensuring Rule of Law, basis for sustainability of favourable economic environment

NAY PYI TAW, 9 Oct – President U Thein Sein made a speech at Myanmar Investment Forum held at the headquarters of Korea Trade- Investment Promotion Agency (KOTPA) at 9:30 local time today.

In was also attended by delegation members Union ministers, chief ministers, deputy ministers and departmental heads, UMFCCI Vice-President Dr Mya Han and executives, officials of the Ministry of National Planning and Economic Development and Ministry of Construction, Minister for Knowledge Economy Mr. Hong Sukwoo of the Republic of Korea, KOTPA President Mr. Oh Young Ho and executives.

The KOTRA President and Knowledge Economy Minister extended greetings.

In his speech, President U Thein Sein said he was very glad to have an opportunity for delivering a speech at KOTPA that plays a key role in the sectors of investment and international trade for economic development of the Republic of Korea. He said his country was trying to develop a market-oriented economic system in connection with international economic communities. He said Myanmar is in urgent need of foreign investments and technological aids that could assist in development of Inclusive Economic Institutions which are very important for democratic transition and in the alreadyachieved political process.

Myanmar’s location makes strategically important to two global economic engines and its strategic location has become a place for flow of commodities between developing ASEAN countries and two global economic engines. Myanmar, a focal point of highways that can improve transportation of goods in Asia, was winning a special interest of international investors.

Myanmar’s youthful population has become human resources for the move towards economic development. Myanmar is rich in natural resources importantly required for economic growth. Having economic sectors with small investments when the country possesses good prospects for development has become advantages for the future of the national economy. With the aim of rejuvenating its image in international community, Myanmar is trying to create a favorable economic environment.

He said his government understood that Rule of Law is the basis for sustainability of favorable economic environment. Judiciary reform would be made in real time for ensuring Rule of Law.

He said investments mainly in labour-intensive manufacturing and agriculture sector and infrastructural development that could create rapidly job opportunities for the grassroots are needed. Investment in private sector and changes in government policy are moving towards, he added.

Foreign investments not only contribute to economic development in Myanmar but also assist in democratization and internal peace processes.

The President said he warmly welcomed investments of the Republic of Korea that would be mutually beneficial for the countries and for the peoples, enhancing friendly relations between the two countries.

Next, the President cordially greeted those present and viewed round the booth on activities of KOTRA.

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