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.
Category Archives: Burma
Human Rights education – Burmese style
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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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Constitutional Tribunal hears a case!
Myanmar’s Constitutional Tribunal finally accepted a case yesterday. It appears this is only the second case it has heard, although I know almost nothing about the first case, which was accepted back on July 2. The second case deals with the minister for national races affairs. The case was brought by the Amyotha Hluttaw speaker. Unfortunately, beyond that The New Light of Myanmar gives few details. Hopefully NLM will also announce the outcomes of these cases.
NAY PYI TAW, 28 Nov-The tribunal comprising chairman of Constitutional Tribunal and members heard the case No. 2/2011 opened by 23 persons including Amyotha Hluttaw Representative Dr Aye Maung to scrutinize and decide whether or not the provisions for set rank of national races affairs minister prescribed in Cash Award, Expenses and Insignia of Region or State Level Persons Law are in conformity with the provisions of the constitutional laws, at room No. 1 this morning. The case was brought before the tribunal through the Amyotha Hluttaw Speaker in accord with Section 15 (d) of constitutional tribunal law.-MNA
NAY PYI TAW, 1 July-The State Constitutional Tribunal comprising the Chairman of the State Constitutional Tribunal and members heard the submission No. 1/2011 in accord with the Article 13 of the State Constitutional Tribunal at Office No. 1 at 10.30 am today.
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More tribunalations
The New Light of Myanmar has yet another article about the debate in the Hluttaw over the Constitutional Tribunal. Two things stand out. First, the Hluttaw Speaker, Khin Aung Myint, seems to be arguing that the tribunal is less a court and more like a legislature, meaning that tribunal review over draft laws would be appropriate. Second, he seems to be retreating a bit and suggesting that only questionable laws be submitted. The full article is below:
NAY PYI TAW, 18 Nov-The fourth day session of Pyidaungsu Hluttaw continued at Pyidaungsu Hluttaw Hall in Hluttaw Building here today, attended by Pyidaungsu Hluttaw Speaker U Khin Aung Myint, Pyithu Hluttaw Speaker Thura U Shwe Mann and 584 Pyidaungsu Hluttaw representatives.
At the session, one bill was approved; Hluttaw representatives were informed to register for discussion; jointcommittee members were co-opted; and one bill was recorded.
First, the Pyidaungsu Hluttaw Speaker explained measures of Pyithu Hluttaw and Amyotha Hluttaw with regard to decision of Pyidaungsu Hluttaw that bills approved by the Pyidaungsu Hluttaw or deemed to be approved by the Pyidaungsu Hluttaw, if suspected to be not in line with the constitution , are to be sent to the Constitutional Tribunal of the Union to undergo a scrutiny before sending to the President for his approval.
The Pyidaungsu Hluttaw Speaker continued that the Pyithu Hluttaw proposed to the Pyidaungsu Hluttaw on 2 November to let Pyithu Hluttaw reject the decision made at the Pyidaungsu Hluttaw on 28 October that “bills approved by the Pyidaungsu Hluttaw or deemed to be approved by the Pyidaungsu Hluttaw, if suspected to be not in line with the constitution, are to be sent to the Constitutional Tribunal of the Union to undergo a scrutiny before sending to the President for his approval” is neither in accordance with the constitution nor Pyidaungsu Hluttaw Rules and By-laws and asked to cancel the decision.
It is enacted in laws that bills approved by the Pyidaungsu Hluttaw are to be sent to the President for his approval and promulgation of the laws.
That bills suspected of violation of the constitution are to be sent to the Constitutional Tribunal of the Union before sending to the President is not a case which is not allowed by law. As only the constitutional tribunal can define and make comment to the bill, it does so with genuine goodwill to ensure there is no mistake. If the constitutional tribunal remarks that a particular fact is not in conformity with the constitution, Pyidaungsu Hluttaw can reconsider the fact and make the final decision.
The Pyidaungsu Hluttaw Speaker in his explanation of the legal outlook on the constitutional tribunal can scrutinize the enacted laws only said that responsibilities of the Constitutional Tribunal of the Union is stated in Article 322 (a) of the constitution as interpreting the provisions under the Constitution; Articles 325 and 326 of the constitution state describe persons who have the right to summit matters directly to obtain the interpretation, resolution and opinion of the Constitutional Tribunal and they can ask the remark from the Constitutional Tribunal with regard to the proposed bill; like the president who can ask the remark of the Constitutional Tribunal concerning particular bill before he signs, the Hluttaw speaker can also do so for suspicious facts. So, the responsibility of the tribunal is not only scrutinizing the existing laws but defining the bill and making remarks upon requests.
According to Article 326 of the constitution, representatives that represent at least 10 per cent of all Pyithu Hluttaw representatives or Amyotha Hluttaw representatives can ask the Constitutional Tribunal to define a particular bill. As the main responsibility of the representatives is to legislate, they can ask the opinion of the constitutional tribunal in analyzing the bills whether or not they are in line with the constitution.
The provision concerning the Constitutional Tribunal is included under the Chapter VI Legislation of the constitution, but the constitutional tribunal is not the court.
In addition, it is only to seek the remarks of the constitutional tribunal in case the bills are suspected of violating the constitution and not to send every bill to the constitutional tribunal, thus it cannot be translated that the decision of the constitutional tribunal is a must-to-do step in legislative process, but it is just to control the reckless actions.
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Law Committee
An interesting article in The New Light of Myanmar about the new Hluttaw Law Committee that was created to review existing and new laws:
NAY PYI TAW, 16 Nov-
…
The Pyithu Hluttaw Speaker reported the Hluttaw that Assessment Commission of Existing Laws formed on 28 August will be renamed to Studying, Examining and Reviewing Commissions on Legal Affairs and Special Cases. The commission will be formed with 15 members, including Chairman Deputy Speaker of Pyithu Hluttaw, Vice-Chairman U Thein Swe of An Constituency and U Htay Myint of Myeik Constituency, members Ambassador (Retd) U Lin Myaing, Director-General (Retd) U Than Tun from Ministry of Foreign Affairs, Professor (Retd) Dr Aung Tun Thet, Lt-Col Aung Khin Thein of Judge Advocate-General Office of the Commander-in-Chief (Army) Office, Professor Dr Tin May Tun, Prfessor Dr Thida Oo, Director (Retd) U Tin Win of Supreme Court, Region Law Officer (Retd) U Khin Maung Oo, Advocate U Myint Lwin, Advocate U Than Maung, Deputy Director (Retd) Daw Than Than Yi of Union Attorney-General Office.
The secretary will be announced separately. Duties, authorities, rights and terms are as follow:-
Duties and rights of the commission
(1) The commissiona.
a. will have to suggest amendment, revoking and drafting of laws after studying existing laws to the Hluttaw through the Pyithu Hluttaw Speaker.
b. will have to report to the Hluttaw through the Hluttaw Speaker after studying special cases, if any, from legal standpoint.
c. will have to accomplish duties assigned by the Hluttaw Speaker within designated period.
d. will have to share duties within the commission for special cases categorized by the Pyithu Hluttaw Speaker.
e. will have to make suggestions if requested by the Pyithu Hluttaw.
(2) The commission shall invite responsible persons of related organizations and discuss with them.
(3) The commission members could freely make discussions if not contrary to provisions in the Constitution of the Republic of the Union of Myanmar and Pyithu Hluttaw Laws.
(4) Behaviours and words of a member in the commission meeting are not to be publicized. The commission will have to approve the meeting record with detailed
discussions. The records shall not be distributed. Copy of the report of the Hluttaw will have to be sent to the Hluttaw Office to file as a case.
(5) The commission meeting could be convened as and when necessary and the meeting is valid if half of the members attend it.
Rights and opportunities of the commission
(1) The commission members shall enjoy allowances of Hluttaw representatives in addition to rights designated by the Hluttaw when they are in the commission-based region to perform the duty of the commission and to attend commission meeting and whey they are traveling on duty.
(2) The commission members are immune from other laws regarding discussions in commission meetings apart from Pyithu Hluttaw Law.
The commission is Union-level institution in accord with Sub-section (h) of Section (2) of Pyithu Hluttaw Law and its term is not more than one year.
The Pyithu Hluttaw Speaker explained that the commission has done its functions about five months ago. In so doing, occasionally encountering with irregular cases such as legal affairs, political and international affairs, economic and social affairs is very likely. With regard to legal affairs, it has been tried to include retired personnel and currently discharging personnel from judicial departments, personnel discharging at and retired from the Attorney-General Office of the Union and courts at different levels, advocates and lawyers, and instructors giving lectures on law in the commission.
Likewise, ambassadors, directors-general, and officials from the Ministry of Foreign Affairs Ministry who have experience in political and international affairs are assigned to the commission to be able to deal with political and international affairs.
So, the commission thanks to its comprehensive organizational structure can contribute greatly in analyzing special cases which emerge occasionally.
Hluttaws are mainly promoting the interests of the nation and the public. The commission was formed with selected members for it is assumed that the commission
members can contribute to not only the Hluttaw but also the national and public interests with their knowledge, experience and goodwill.
Dominic J. Nardi, Jr. 
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