October 10, 2011 · 17:06

Just say no

The Jakarta Post has an interesting profile of David Tobing, a consumers’ rights lawyer. Tobing’s latest crusade is to stop companies from sending unwanted cellphone text messages. Alas, lawyers with Tobing’s zest seems to be a rare breed in Indonesia, as even the response of the Indonesian Consumer Protection Foundation in the article would indicate.

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October 10, 2011 · 17:02

Burma’s HR Commission now open for business

According to DVB, Burma’s new Human Rights Commission is now accepting complaints. It’s perhaps somewhat surprising that the commission will hear and decide actual cases, however it is in line with President Thein Sein’s mini-glasnost. Cases already filed in the regular courts will not be transferred, but from this point on the commission should be the primary point institution for human rights cases. Some critics worry that the commission will essentially act as a Trojan horse, turning on complainants once they reveal themselves to the commission. Indeed, Burma’s courts have often “blamed the victim” by allowing government officials to countersue complainants for defamation (the Su Su Nwe case was a particularly blatant example of this). However, the commission could also represent the new government’s attempt to bypass the corrupted judiciary completely.

In other interesting news, the Pyithu Hluttaw passed a law that would allow peaceful protests. Interestingly, according to Myanmar Times, the Hluttaw Bill Committee struck down one amendment for not conforming to the 2008 Constitution. This might be a sign that this committee will begin exercising legislative constitutional review even before cases reach the Constitutional Tribunal.

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Filed under Burma, human rights, Human Rights Commission, Myanmar

October 1, 2011 · 17:17

Long wait for Marcos

PhilStar has an interesting article about the long delay in resolving the graft cases against Marcos. Some of the cases still haven’t been resolved after all these years. The Supreme Court seems to take even longer to resolve cases appealed from the Sandiganbayan, taking an average of six years and sometimes as long as 21. For more details click here.

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September 30, 2011 · 15:01

More Money Madness

The Philippine Supreme Court and Aquino administration are at odds again, this time over money. First, the administration cut the judiciary’s proposed budget in half, from P 27.1 billion to P 14.65 billion. Now, according to PhilStar, the administration is seeking to set aside P 1.98 billion for a new Miscellaneous Personnel Benefits Fund (MPBF). The judiciary – through spokesman Marquez – has lambasted the shortchange as a violation of the constitution as the government cannot reduce the court’s budget. Allies of former president Arroyo, including Senator Joker Arroyo, have criticized the Aquino administration’s actions. It’s an unfortunate development in that now the judiciary seems to have to fight for its budget every year, which could drain the court’s resources and undermine the justices’ willingness to make difficult rulings.

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September 20, 2011 · 03:39

Judicial facelift

The Indonesian Supreme Court recently issued a regulation that would organize the court into five chambers and permit consultations on cases within chambers. According to Sebastiaan Pompe in The Jakarta Post, the Court is framing this reform as a way to handle its caseload. However, Pompe rightly questions whether separate chambers will improve the quality of adjudication. In particular, he notes that the regulation will allow religious judges to sit on civil cases, including complex commercial transactions. Moreover, nothing in the regulation mentions giving the Court the power to refuse to hear cases, even though that particular reform does seem to have been discussed in the DPR. Sadly, Pompe concludes that this new regulation might simply be a way for the Supreme Court to extend its control over lower court judges.

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