Category Archives: judicial reform

February 16, 2012 · 15:38

A test for Myanmar’s courts?

According to DVB, a group of farmers in Mingalardon Township is filing a lawsuit against USDP MP Khin Shwe. Khin Shwe was a business tycoon before entering the Hluttaw. The farmers accuse him of conspiring with local officials to seize 815 acres of land. The farmers were forced off their land in April 2010 and are now seeking compensation.

Just a year ago, a lawsuit like this would have been thought a hopeless cause. Now though, as Naypyitaw introduces radical changes to other areas of political life, this case could be a key test. So far, the reforms have not actually threatened to introduce accountability into the political system. Moreover, the judiciary has been a weak link in the reform process. I have yet to see any judicial reform program or serious move to guarantee judicial independence. If the courts provide the villagers with some relief – or even take the case seriously – it might indicate that judges received a signal that they can and should rule independently. Unlikely perhaps, but so was the thought of Aung San Suu Kyi in parliament just a year ago.

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Filed under Burma, judicial reform, land, Myanmar

January 9, 2012 · 17:46

Hluttaw oversight of courts

Normally, I’m not one to advocate for infringements on judicial independence. However, one of the biggest mistakes with Indonesia’s reformasi period was to give judges independence without accountability, arguable entrenching judicial corruption up to the present day.

In that light, I’m glad to see that Myanmar’s parliament (Hluttaw) has formed a committee to review and assess controversial judicial verdicts. According to two Myanmar Times articles (here and here), the Pyithu Hluttaw Judicial and Legislative Committee has invited defendants who believe their case was decided unfairly to submit complaints. The committee can then request the court to reassess the case.

The committee asks for “irrefutable evidence” of bias, which on its face sounds like an impossible standard. Yet, according to committee chairman Thura U Aung Ko, of the 100 complaints received 69 have been granted. This is not only a high rate of success, but also a clear and bold condemnation of the judicial system, arguable one of the least independent in the world.

Usually, when Myanmar’s leaders talked about judicial reform, it was in the context of cracking down on corruption. This is the first time I can recall when the discussion has seriously turned to independence and impartiality. It’s definitely an encouraging sign. However, judicial reform is a long process and it’s not yet clear to me that it’s getting the attention it deserves. In particular, we’ll need to see more efforts to retrain or even replace current judges with fresh blood.

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Filed under Burma, Hluttaw, judicial reform, Myanmar

November 15, 2011 · 06:48

Suu Kyi speech about courts

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.

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Filed under Aung San Suu Kyi, Burma, judicial reform, Myanmar

November 14, 2011 · 05:32

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

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Filed under Burma, China, judicial reform, Myanmar

June 10, 2011 · 03:51

Commentary on Indonesian Judicial Reform

Hikmahanto Juwana, professor of law at the University of Indonesia, recently penned a commentary in The Jakarta Post about judicial reform in Indonesia. He makes a distinction between system reforms, which he believes are on path, and personnel reform, which is floundering. In essence, he sees the major problem to judicial reform as recruiting qualified and honest judges, as well as gathering sufficient evidence to punish corrupt judges. He advocates more administrative mechanisms to punish wayward judges. Lisa Hilbink’s book about judges under Chile shows the danger that senior judges can manipulate internal disciplinary mechanisms in order to influence the rulings of lower judges. Still, given how desperate the situation in Indonesia’s judiciary has become, such measures might be warranted. At the very least, it appears this latest judicial corruption scandal has more people talking about the problem at higher levels.

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Filed under indonesia, judicial reform