When an authoritarian regime claims that it needs to educate its people about human rights, the reaction of most outsiders is to laugh or scoff. After all, human rights are universal. However, a Democratic Voice of Burma interview with Dr. Than Nwe, a member of Burma’s new Human Rights Commission, actually raises an important point. According to Dr. Than Nwe, the commission has begun receiving petitions. However, most of the petitions ask for help resolving issues clearly outside the commission’s jurisdiction, such as family issues. Of course, this is just one anecdote from an admittedly partial source, but it is certainly worth thinking carefully about how and when to conduct human rights education. Hopefully, now that the U.S. is engaging with the new regime, U.S. NGOs might – one day – be able to provide this education.
Human Rights education – Burmese style
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Filed under Burma, Human Rights Commission, Myanmar
Crisis time!
While there has been much talk about a final showdown between the Aquino administration and the Corona Court, I was shocked to hear from BBC yesterday that the Congress actually impeached Chief Justice Corona. Just a few hours before I had read an article in which Corona talked of a secret conspiracy to oust him. Normally I’d have dismissed such talk, but at this point I’ve really got to wonder what the Aquino administration is thinking. The Philippines Supreme Court has been relatively independent since the EDSA. It has waded into a variety of politically charged questions, including term limits for President Ramos, the legality of EDSA II, and extrajudicial killings. The impeachment against Corona is the first time a Philippine justice has been impeached on blatantly political grounds. Even the impeachment against Davide nominally focused on the Court’s alleged misappropriation of funds. Sadly, even if the Senate refuses to convict Corona the whole imbroglio might make Philippine justices think twice about taking on political cases.
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Filed under Aquino, Corona, Philippines, Supreme Court
Legal review commission
New Light of Myanmar posted an article today about the Commission on Legal Affairs and Special Cases. One of its tasks is to check whether existing laws conform with the constitution. On its face, it’s a bit unclear whether the Hluttaw wouldn’t just ask the Constitutional Tribunal to handle these issues – that is after all the whole point of constitutional review. It’s also noteworthy that Pyithu Hluttaw Speaker Thura Shwe Mann met with this commission, but was adamantly opposed to giving the tribunal abstract review. Why? Sadly, it’s yet another question that only the mosquitos on the wall in Naypyidaw can probably answer at this point.
YANGON, 10 Dec—The Studying, Examining and Reviewing Commission on Legal Affairs and Special Cases was constituted with 15 members at the 48th day second regular session of the first Pyithu Hluttaw held on 16 November 2011.
Speaker of Pyithu Hluttaw Thura U Shwe Mann yesterday morning met members of the commission at the commission office (Yangon branch) at room 209-210 of No. 66/B at Yuzana Condo Tower at the corner of Shwegondine and Kaba Aye Pagoda Roads in Bahan Township.
It was also attended by Deputy Speaker of Pyithu Hluttaw Chairman of the Commission U Nanda Kyaw Swa and commission members, chairmen of Pyithu Hluttaw committees, Yangon Region Chief Minister U Myint Swe, the speaker of Yangon Region Hluttaw and members and guests.
In his address, Speaker of Pyithu Hluttaw Thura U Shwe Mann said that the commission is a Union level organization that was formed under section 2, subsection (h) of the Pyithu Hluttaw Law with experienced persons in legal, international and economic fields to be able to serve the interests of the Hluttaw and the State.
The commission is responsible for scrutinizing the existing laws whether they can be conformity with the constitution and Our Three Main National Causes—Nondisintegration of the Union, Non-disintegration of National Solidarity and Non-disintegration of Sovereignty, whether they can serve the interests of the State and the citizens, and whether they can be in conformity with the international convention and for submitting the reports on amendment, revocation and new promulgation to the Hluttaw through the Speaker of the Pyithu Hluttaw.
The suggestions and assessments of the commission will contribute much towards undertakings of the Hluttaw in serving the interests of the State and the people. Moreover, the commission is to assess the laws concerning economic sector and give suggestions for economic reform of the State.
He called on the commission to take up its tasks dutifully for the Hluttaw and the State interests.
Chinese Ambassador Mr Li Junhua donated computer accessories for the Hluttaw Office. Chairman of the Pyithu Hluttaw International Relations Committee U Hla Myint Oo accepted the donations. The Ambassador explained the purpose of donation.
Speaker Thura U Shwe Mann spoke words of thanks.
The Studying, Examining and Reviewing Commission on Legal Affairs and Special Cases is formed with Deputy Speaker of Pyithu Hluttaw U Nanda Kyaw Swa of Dagon Township Constituency as Chairman, U Thein Swe of An Constituency and U Htay Myint of Myeik Constituency as Vice-Chairmen. Commission members are retired Ambassador (Retd) U Lin Myaing, Director-General (Retd) U Mya Thein of the Supreme Court of the Union, Director- General (Retd) U Than Tun of the Ministry of Foreign Affairs, Professor (Retd) Dr Aung Tun Thet, Lt-Col Aung Khin Thein of Judge Advocate-General’s Office of the Commander-in- Chief (Army), Professors Dr Tin May Tun and Dr Thida Oo of the Ministry of Education, Director (Retd) U Tin Win of the Supreme Court of the Union, Region Law Officer (Retd) U Khin Maung Oo, Advocates U Myint Lwin and U Than Maung, and Deputy Director (Retd) Daw Than Than Yi of Attorney-General’s Office.
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Filed under Burma, constitutional tribunal, Myanmar
More fighting words
On Monday, President Aquino attended a justice cooperation summit with many of the serving Supreme Court justices. Usually, these are rather formal and stiff affairs. However, Aquino gave a speech lambasting Chief Justice Corona for ruling against the administration and being beholden to Arroyo.
Of course Aquino had criticized the justice before, but this particular speech was shocking for its directness and confrontation with the justices in the same room. Several constitutional law experts have attacked Aquino for his “tirade,” one going so far as to compare him to Fidel Castro.
For his part, Corona confirmed that he is not resigning. He has rarely participated in the “debate” directly, but rather spoken through Supreme Court Spokesman Midas Marquez. On Tuesday, Marquez stated that, “It is just unfortunate that the Chief Justice was appointed by someone that many do not like. Now they are attacking him. It’s not his fault.”
It’ll be interesting to see what polls say about Aquino’s attacks on the judiciary. I haven’t been in the country in a while so I unfortunately don’t have a sense on the ground.
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Filed under Aquino, Philippines, Supreme Court
Updates on the Arroyo imbroglio
Apologies for not writing more about the current imbroglio with former Philippine president Arroyo and the Supreme Court. This is easily one of the biggest tests of the court’s independence over the past decade. News coverage has been wall-to-wall in the Philippines of course. Here are some excepts from an Asia Times piece – I’ll write more when I can:
The DoJ justified its move on the legal argument it had not yet received the Supreme Court’s temporary restraining order when Arroyo arrived at the airport. The Supreme Court has since suggested it could file contempt charges against DoJ Secretary Leila de Lima, while pro-Arroyo attorneys are seeking de Lima’s disbarment for apparently flouting the Supreme Court’s decision.
…
In the court of public opinion, however, sentiment seems to be on Aquino’s side. Opinion polls show that both Arroyo and the Supreme Court are unpopular and suffer from credibility issues in the public eye. “It is no less corrupt than the rest of the Philippine judicial system,” quipped Pacific Strategies and Assessments, a risk analysis firm, in recent reference to the Supreme Court’s apparent role in protecting Arroyo from prosecution.While the Supreme Court insists its decisions are consistent with the letter of the law, its record when ruling on cases involving the Arroyos has been overwhelmingly in the former first couple’s favor. Chief Justice Corona has voted 19 times in favor of the Arroyos and never in dissent since taking over the Supreme Court’s leadership. Two senators and a number of prominent individuals have recently asked Corona to inhibit himself from any future deliberations involving Arroyo to concerns of his impartiality.
The Supreme Court is currently holding oral arguments on petitions filed on the constitutionality of the DOJ-Commission on Elections (Comelec) joint panel, which recommended Arroyo’s prosecution for alleged electoral fraud in 2007. Based on that recommendation, an arrest warrant was issued by the Pasay Regional Trial Court (RTC) judge against Arroyo, which puts to rest for now the question of whether she should be allowed to travel abroad.
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Filed under Philippines, Supreme Court
Dominic J. Nardi, Jr. 
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