Mizzima has excepts from a speech Daw Aung San Suu Kyi gave at a press conference marking the first anniversary of her release from house arrest. Perhaps not surprisingly given her experience, she lambasts the judicial system. It’s worth checking out to see how she prioritizes judicial reform.
Category Archives: Burma
Suu Kyi speech about courts
Comments Off on Suu Kyi speech about courts
Filed under Aung San Suu Kyi, Burma, judicial reform, Myanmar
Strange bedfellows?
More controversy between Burma’s two Hluttaw chambers. The two chambers are trying to resolve a bill regulating peaceful protests. According to The Myanmar Times, the Pyithu Hluttaw is seeking a stronger bill than the Amyotha Hluttaw. In particular, U Thein Nyunt of Thingangyun argued that protesters should be allowed to carry the national flag, and not just the flag of their organization or party.
A few things strike out at me. From a legal point of view, Thein Nyunt is using the 2008 Constitution to justify his arguments about the bill. It’s fascinating to see that the constitution – so maligned just a year ago – now becomes a platform for rights debates in the Hluttaw.
Politically, the amount of influence Thein Nyunt has over this issue is surprising. He is, after all, a former NLD member and current MP from the National Democratic Force. Yet, he is not only allowed to speak out, but Speaker Thura Shwe Mann approved his objections. I certainly wouldn’t have predicted this a year ago…
There is no reason to ask Constitutional Tribunal for opinions
For now, it seems the Pyithu Hluttaw has won and the Hluttaw will not forward laws to the Constitutional Tribunal for vetting before they’re enacted into legislation. However, I thought this passage from the November 14 edition of The New Light of Myanmar was interesting:
Bill Committee or Joint Bill Committee accomplished its duties after submitting bills to the Pyidaungsu Hluttaw. It is not responsible for scrutinizing bills approved or deemed to be approved by Pyidaungsu Hluttaw again as they have been scrutinized step by step. Any organization or person, which is responsible or has undertaken, has no right to reveal any doubt whether it is accorded with the Constitution or not. There is no reason to ask Constitutional Tribunal for opinions.
There is nothing else in the lengthy article about the Constitutional Tribunal, but it seems somebody at the editor’s office wanted to reemphasize that the new Joint Bill Committee is not exercising a constitutional review function. I’m a bit surprised at the negative attitude because the last NLM article I saw about this debate was somewhat more sympathetic to the Amyothat Hluttaw. We’ll see if this really is the end of the debate and whether, as NLM so boldly states, there is no reason to ask Constitutional Tribunal for opinions.
Comments Off on There is no reason to ask Constitutional Tribunal for opinions
Filed under Burma, constitutional tribunal, Myanmar
A visit from big brother
While The New Light of Myanmar often reports on foreign delegations, it’s not often that the exchange focuses on judicial affairs. Yesterday, a delegation from China arrived led by Bai Jingfu, Deputy Director of the Internal and Judicial Affairs Committee of the National People’s Congress. He was in Naypyitaw met by Chairman of the Pyithu Hluttaw Judiciary and Legal Affairs Committee Thura U Aung Ko.
I’d only heard rumors before that Burma was looking to China as a model for governance, but this latest report might suggest an actual exchange. While still authoritarian, China’s government has improved the capacity and efficiency of its judicial system, so Mr. Bai might have insights to share. On the other hand, China’s Communist law system is (or should be) very different from Burma’s common law heritage. I’d love to see what they end up discussing. Sadly, I doubt we’ll see leaks from their meetings reported in NLM anytime soon.
I’ve reprinted the brief news clipping below:
Chinese Dy Director of Internal & Judicial Affairs Committee of NPC arrives
NAY PYI TAW, 13 Nov – A Chinese delegation led by Mr. Bai Jingfu, Deputy Director of the Internal and Judicial Affairs Committee of the National People’s Congress of the People’s Republic of China, visited Maha Myatmuni Buddha Image and U Pein Bridge in Mandalay this morning.
They left Mandalay this evening by air for Nay Pyi Taw. They were seen off at Mandalay International Airport by Deputy Speaker of Mandalay Region Hluttaw U Aung Htay Kyaw and members.
The Chinese delegation was welcomed at Nay Pyi Taw Airport by Chairman of Pyithu Hluttaw Judiciary and Legal Affairs Committee Thura U Aung Ko, Chairman of International Relations Committee U Hla Myint Oo and officials.-MNA
Comments Off on A visit from big brother
Filed under Burma, China, judicial reform, Myanmar
The Lady and the Libel suit
According to The Myanmar Times, Daw Aung San Suu Kyi is filing a libel suit. Not as one might think against the government and its years of slandering her, but rather against her brother, U Aung San Oo. The two notoriously don’t get along and have disputed ownership of Daw Suu’s house on 54 University Ave. Recently, U Aung San Oo published an article in the Monitor in which he claimed that he won the dispute, even though the more recent case hasn’t been resolved. The Rangoon Region High Court decided to accept the case last week.
The case is interesting for two reasons. First, I think this is the first time a court has accepted a lawsuit initiated by Suu Kyi herself. Second, as I’ve mentioned before, Southeast Asian leaders love libel law (how’s that for alliteration). I don’t think Suu Kyi is coming anywhere close to Lee Kuan Yew, but I also haven’t heard her talk about the role of libel law in political life. How far would she go in balancing the right to information with the right to privacy? If I have another chance to ask her questions, I’ll try to get that one in.
Dominic J. Nardi, Jr. 
You must be logged in to post a comment.