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ICTJ: Navigating Paths to Justice in Myanmar’s Transition
This July 2014 article by the International Center for Transitional Justice argues that dealing with past abuses in Myanmar is essential to achieving progress on the peace process and economic development. It concludes with recommendations on how to incorporate transitional justice into programmatic reform and development efforts.
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IBAHRI The Rule of Law in Myanmar: Challenges and Prospects
This December 2012 report by the International Bar Association’s Human Rights Institute draws on interviews with over 100 participants by IBAHRI members in Yangon, Mandalay, Nay Pyi Taw, and Bago, including senior politicians, civil society activists, judges, lawyers, diplomats, and INGO workers. Much of its analysis remains relevant today.
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British Council & Loka Ahlinn Report on Public Perceptions of Rule of Law
The British Council Myanmar and CSO Loka Ahlinn co-administered the Capacity Building and Rule of Law Promotion Project, which aimed to develop a network of CSOs and legal professionals to raise awareness of legal and human rights. This August 2014 report draws on quantitative and qualitative research on public perceptions of rule of law effectiveness in Mawlamyaing, Bogalay, and Dawei townships. It concludes with recommendations for how to advance reform through advocacy and policy action.
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The Code of Judicial Ethics for Myanmar Judges
The Supreme court of the Republic of the Union of Myanmar published the Code of Judicial Ethics for Myanmar Judges on 2nd August 2017 in Nay Pyi Taw , available in Myanmar language. U Htun Htun Oo, Hon. Chief Justice said at the launch of the Code, “it is aiming at providing a standard to be able to assess the judicial activities by the Executive and Legislative branches of the State, and by the lawyers and the public. We eagerly anticipate that not only the Judges and Judicial Officers but also all the stakeholders in the judicial sector will be able to comprehend more about the judicial transactions and be able to contribute to developing a fair and strong judicial system.”
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Political Economy Analysis – Guidance for Legal Technical Assistance
This January 2017 report from ROLE UK gives a practical overview on how to conduct a political economy analysis in the legal sector. Political economy dynamics “determine the distribution of power and resources” and are thus essential to understanding how to sustainably support role of law and justice system reforms.
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ILO Guide to Myanmar Labour Law
Myanmar is currently undergoing rapid transformation. The legal framework regulating employment in Myanmar is found in a variety of different Laws and Rules enacted over the last century. This Guide brings together many of the sources of Myanmar labour law in a single, user-friendly guide. The Guide also provides useful information on the International Core Labour Standards to promote and inspire good practice on employment and labour in Myanmar.
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Understandings of Justice in Myanmar
The multitude of justice challenges confronting people in Myanmar means that there is significant scope for, and interest in, rule of law and access to justice programmes among both foreign and domestic actors. While attention to justice concerns is welcome, there is a danger of taking for granted that there are shared and agreed understandings about the meaning of justice and its role in society.
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Myanmar’s Plural Justice System
Understanding justice provision in Myanmar requires grappling with the universe of providers that people use to resolve disputes. There is no single justice provider with recognised authority to enforce the rule of law throughout Myanmar. Long-running political conflicts and plural power structures mean providers and systems are distinct in some places and overlap in others. This briefing maps the different justice chains people follow, providing an ‘end-user’ perspective on how they navigate justice providers.
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Debt Disputes in Myanmar
People in Myanmar face a wide range of justice problems, from land disputes to drug trafficking to violence against women. Yet in MyJustice research, debt disputes emerged as the most common dispute people spoke of, affecting large numbers of people in both Mon State and Yangon Region (Denney et al., 2016). Yet debt disputes have been largely overlooked to date. They highlight the importance and challenge of equitable access to credit in a transitioning country like Myanmar, without which there are both justice and developmental consequences. As with most justice problems, debt disputes and a lack of formal credit access affect the poor and vulnerable most acutely.
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Making big cases small and small cases disappear
This report documents the lowest, and most used, levels of dispute resolution in communities in two parts of Myanmar – Mon State and Yangon Region. Drawing on interviews and focus group discussions with 600 people, it sets out the common disputes, crimes and injustices that people speak of experiencing, the ways people seek to resolve these issues and why, as well as an assessment of the quality of the justice they are able to achieve.
