Category Archives: human rights

Myanmar Human Rights Commission

Myanmar’s National Human Rights Commission has just published a website. The site is quite sophisticated and contains a lot of information. Well worth checking out.

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Filed under Burma, human rights, MNHRC, Myanmar

Blaming the victim: (Myanmar/Burma)

Sadly, I’m starting to wonder if I should start a new section called “blame the victim” on Rule by Hukum. This week, two more Muslims have been arrested in connection to the communal riots in Okkan, near Yangon. One of the Muslim women allegedly accidentally bumped into a Buddhist monk, while another woman yelled at the monk for lying about the incident. The incident then caused a riot in which Muslim property was burned.

Of course, what happened to the monk is unfortunate. But the rioting against Muslims has gotten out of hand. Even more worrying has been the ineffective government response. According to The Irrawaddy“Burma has seen clashes between Buddhists and Muslims in several states this year, but so far only Muslims have been imprisoned.” This year, the government has convicted more than 10 Muslims but no Buddhists.

At Wilson Center event in D.C., Pyithu Hluttaw Speaker Shwe Mann recently reminded the audience that the 2008 Constitution bans religious discrimination. One can only hope the government finds a way to put that sentiment into practice.

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Filed under Burma, courts, human rights, Myanmar, religion

Is ATCA dead? (Myanmar/Burma)

I have published a short review of John T. Dale’s Free Burma in the Journal of World-Systems Research. Dale’s book explores the implications of transnational human rights litigation, focusing on the case that Burmese rights groups filed against UNOCAL under the Alien Tort Claims Act (ATCA).

One of my questions about the book is whether ATCA suits represent a viable tool for human rights advocates. According to the U.S. Supreme Court, probably not. In Kiobel v. Royal Dutch Petroleum Co., the majority, led by Chief Justice Roberts, declared that there should be a “presumption against extraterritoriality” in the application of the law. While this doesn’t bar future ATCA suits – and EarthRights notes the decision does not bar all ATCA suits against corporations – it certainly will discourage lower court judges from admitting them.

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Filed under ATCA, Burma, human rights, Myanmar

Favorable ruling re police custody (Myanmar/Burma)

As I’ve noted several times, aside from the Constitutional Tribunal, Myanmar’s judicial system hasn’t become notably more progressive or activist under President Thein Sein’s government. However, the Mayangone Township Court recently issued a decision questioning police brutality. According to a summary from Irrawaddy:

The Asian Human Rights Commission (AHRC) has hailed a Nov. 9 ruling by the Mayangone Township Court that found that the death of a man in police custody had not been natural. AHRC said the ruling, which it recently obtained, could be “a landmark case” as the post-mortem inquest would logically be followed by an investigation into which police officer was responsible for the death. “Very rarely [in Burma] have police officers been held to account for their crimes, and least of all, those committed on persons in custody,” it said. Myo Myint Swe, 19, was arrested for the murder of a woman in June and died in custody in July.

Stay tuned for more about this potentially landmark case.

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Filed under Burma, human rights, Myanmar

Beyond the anti-Arroyo?

Aquino’s legacy on the rule of law is still being determined. On the one hand, judges complain that the impeachment of Chief Justice Corona is becoming essentially trial by publicity. On the other hand, some human rights activists credit the president for going after former general Jovito Palparan, one of the masterminds behind extrajudicial killings against suspected leftists (although Palparan remains at large). Ironically, under the Puno Supreme Court had pushed for bringing human rights violators to justice while the Arroyo administration stalled. 

The central question for Aquino is whether he can get beyond the image as the “anti-Arroyo”. Mark Dern in Asia Times highlights the problems plaguing the Philippine criminal justice sector. Perhaps justice-sector reform could be a way for Aquino to demonstrate his reform credentials and leave a legacy beyond simply rectifying the sins of the previous administration.

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Filed under Aquino, Corona, human rights, palparan, Philippines