Legal Issues on Burma Journal No. 12
No. 12 of Legal Issues on Burma Journal contains 9 articles.
- Prospect for the Democratic Transition in Burma , (by Josef Silverstein).This article deals with the military's undisclosed plans for the nation's political future. The Prospects of dialogue are dim and the nightmare of military rule will continue.
- The military rulers have to take four important steps.
- Proposed Mass Media Law (by BLC). It contains an introductory explanation about the crucial role of the media in transformation of a society from the rule of dictatorship to democracy. Proposed DRAFT of Burma Mass Media Law was given with chapters and Articles. This Draft was debated in the DVB Seminar in Oslo with participation of Thompson Foundation for Media. More Seminars are envisaged before finalization.
- New win's Family Conspiracy Trial and Some Questions, (by B. K. Sen). In this article the issues of "open trial", the issue of all being equal before law have been discussed. The modus operandi to convict on evidence of and approver has also been deal with.
- Burma's toothless money Laundering Law, ( by BLC legal aid section). In this article the enactment of a new "Control Money Laundering Law" Law No. 6/2002 has been discussed. It did not meet international standards and was a Law onto itself. The ineffective law enforcement is an added hurdle to have rule of law.
- Special Features: Transitional Justice article: "Justice or Punishment: Forgiveness or Vengeance: Amnesty or Amnesia: Is there a Middle Path for Burma?", (by Thein Oo & Ms. Jenelle Saffin). In this article the most compelling consideration to be factored into transitional Justice has been discussed. It is the means by which the transition is to take place. It has argued that Spain's transition experience has familiarity to Burma with a caveat. It has outlined five policy options for transitional Justice. It has also discussed the pros and cons of a policy of Amnesty. It has opined that the not only the most likely transition but may be necessary for Burma is that of trans-placement.
- Forgotten: Political prisoners in the context of transitional Justice, (by Danya Marshman). The article has argued the case for political prisoners who have suffered under the repressive regime and also of the political prisoners undergoing prison life which the transition is on the article also exposes the prison system and political prisoners being victims of torture and trauma. The article ends with suggestion that successful transition depends on bridging the gap between military and civil society.
- Seeking Justice for previous Human Right abuses and democratic transition in Burma, (by Zulma Niranda). The article considered both judicial and non – judicial accountability mechanism to seek Justice for human Rights violations. It has also discussed experience of other countries and then lessons for Burma. Truth and Reconciliation and prosecution, the two aspects in a transition have been briefly discussed.
- Collapse of transitional strategy. In this the on-going Israel-Palestine conflict has been commented and the dangers it poses to dialogue/ negotiation concepts.
- International Criminal Courts; It has shortly pointed out that the exemption given to UN peace-Keeping from the court's jurisdiction is not correct. ICC is the only deterrent for the impunity with which human rights crimes are committed.