Legal Resources
CONSTITUTIONS
1) Constitutions of Burma  
Burma gained independence from Britain in 1948. Since then it has had two constitutions, the first proclaimed in 1947 and the second in 1974.
  The Constitution of The Union of Burma, 1947  
 
The 1947 Constitution, though rooted in a strong democratic tradition, suffered from shortcomings, notably in the area of ethnic rights, as a result of which it engendered considerable dissatisfaction among sections of the population, espectially the ethnic nationalities. In 1962, the Burmese military, then headed by General Ne Win, took advantage of the growing dissatisfaction and staged a coup d'etat which effectively tolled the death-knell of the 1947 Constitution.
  The Constitution of The Socialist Republic of The Union of Burma, 1974  
 
The military junta headed by General Ne Win proclaimed this new Constitution in 1974 which held sway for 14 years until it too was abrogated by another military regime, the State Law and Order Restoration Council (SLORC) headed by General Saw Maung, which seized power in September 1988.
 
2) NCUB's Future Constitutions of Burma
  (Future) Constitution of The Federal Union of Burma
(Drafted by National Council of Union of Burma)
 
 

The NCUB Proposed First Draft Constitution is published by National Council of the Union of Burma (NCUB) in December 1997.

    The Commentary on The (Future) Constitution of The Federal Union of Burma
 
 
The Commentary prepared and published by National Council of the Union of Burma in November 1998.
 
3) The National Convention
  The National Convention Procedural Code
 (1993-1996)
 
 
  The Constitutional Principles Approved by The SLORC's National Convention (1993-1996)  
 
4) Analysis
  Lack of Democracy, Lack of Equality  
 
Political analysis of Constitutional Principles Laid down by the SLORC National Convention
  Burma: The Military and Its Constitution  
 
An introduction to the military controlled constitution drafting process and the military's constitutional principles. Published by BLC in May 1999.
  A Brief Analysis on SPDC's Constitutional Principles (PDF)  
 

This Analysis article is an attempt of the BLC to scrutinize the aforementioned 104 principles. It aims to inform the international community and the people inside the country on whether the junta is attempting to lawy down the foundations for the emergence of another authoritatian state, or that of a democratice society in which the individual rights of every citizen are protected and collective rights are preserved for all ethnic communities in Burma.Published in Dec 2003 in the BLC's Legal Issues on Burma Journal No. 16.

  Analysis of The National Convention Procedural Code (PDF)  
 
Published in Dec 2003 in the BLC's Legal Issues on Burma Journal No. 16.
 
5) The State Constituions
  The State Constitution of the Chin Land  
  The State Constituton of Shan State  
 
6) Links
  World Constitutions  
  International Constitution Laws  
LAW
1) Laws of burma (English)  
  Burma Code Volumes (I-XII) (1818-1954)  
  Parliament Acts (1955-1961)  
  Revolutionary Council Laws (1962-1974)  
  Myanmar Law (1988-2006)  
  The Code of Criminal Procedure  
  The Penal Code  
 
2) Laws of burma (Burmese)
  Burma Code Volumes (I-XII) (1818-1954)  
  Parliament Acts (1955-1961)  
  Revolutionary Council Laws (1962-1974)  
  People Parliamentary Act (1974-1988)  
  Myanmar Law (1988-2006)  
  The Code of Criminal Procedure  
  The Penal Code  
 
3) Suppressive Law
    (1) State Protection Law, 1975  
 
1975 "The Law to safeguard the State against the dangers of those desiring to cause subversive acts" also known as "State Protection Law was amended in August 1991 and increased to maximun permissible term of imprisonment from three to five years. BLC published an analysis of this Broadest law in December 2001.
  (2) Unlawful Association Act  
  (3) The Printers and Publishers Registration Law,1962  
 
S.3 Subsection (2) , S.4 Subsection (1), S.5 Subsection (1 and 2), S.12 and S.21 were amended by Law No. 1/71 on (5/2/1971). S.16, S.18, S.17, S.19 and S.20 were amended by Law No. 16/89 on the (16/8/1989).
  (4) Law Amending The Printers and Publishers Registration Law,1962 (SLORC Law No. 16/89)  
 
According to this law Anyone who break this law will get imprisonment up to seven years and/or fines of up to 30,000 Kyats.
  (5) Emergency Provision Act, 1950  
 
It allows anyone who causes or intend to distrupt the morality or the behavior of a group of people or the general public, or to distrupt the security or the reconstruction of stability of the Union shall be sentenced to seven years in prison, a fine or both.
    (6) The Official Secrets Act  
 
It constitutes the offence of "handing over classified state secret documents of national interest to unauthorized person."
  (7) 1985 Video Law  
 
A breach of the law leads to imprisonment for up to three years. Those involved in the making, copying or distribution of even amatuer videos of NLD's rally and western news reports on Burma have been threatened with this law.
 
4) Burmese Law Related Articles and analysis Paper
    (1) BURMA'S STATE PROTECTION LAW
An Analysis of the Broadest Law in the World (PDF)
 
   
5) WORLD LAW DBASE
      (1) WORLD LAW DBASE  

COURT & JUDICIARY

There was Union Judiciary Act 10/48 which laid down the structure, functions and powers of the respective Courts, The Apex Court was the Supreme Court. Importantly, it was the Constitution of 1946 which made the provisions of judicial and legal systems. Also the Courts Manual laid down the structure and powers of Civil and Criminal Courts There are some special laws which created some special courts. The recruitment of judges in all courts up to the level of District was through an Examination of legally qualified persons.

THE COURT MANUAL (VOL-I)
(English), (Burmese)
The Court Manual formulated out of the 1947 Constitution delineates the procedural and structural functions of the Burmese courts and are contained which are within the codes. For information in regards to the Burmese judicial system and the formation of the courts of Burma under the original 1947 Constitution please Click on this link.

SUPREME COURT
(English)
The Supreme Court established after Burma's independence in 1948 is the apex of the Burmese judicial system and is the final court of appeals. To access information on the make up of Supreme Court justices in both Mandalay and Yangon click on this link.

JUDICIAL SYSTEM OF BURMA
(English)
For a description of the history and current judicial system in Burma, specifically the emasculation of the principles of fair trial and due process by the military regime. This link also contains case studies highlighting the denial of fundamental judicial principles.

JUDICIARY LAW (5/2000-2/1988)
(English), (Burmese)
In 2000 the Judiciary Law was enacted which further removed any shred of independence left in the Burmese Judicial System and further restricted the access to a fair trial and due process.

ATTORNEY GENERAL LAW
(1/2001-3/1988)
(English), (Burmese)

INTERNATIONAL COURT

 

International Criminal Court (ICC)

International Criminal Tribunal for former Yugoslavia (ICTY)

International Criminal Tribunal for Rwanda (ICTR)

International Court of Justice (ICJ)

 
LANDMARK AGREEMENTS / DECLARATIONS
1) LANDMARK AGREEMENTS  
  The Panglong Agreement, 1947  
  The Mae Tha Raw Hta Agreement  
  The Thoo Mweh Klo Agreement  
    The Marnapalaw Agreement (Burmese) (PDF)  
  The Law Khii Lah Agreement (English)    
 
2) LANDMARK DECLARATIONS
  The Bommersvik Declaration II (English)  
  The Bo Aung Kyaw Lan Delcaration (Burmese) (PDF)  
 
 
 

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