Publications

Issuing publications and making presentations is the other main way (apart from training) in which BLC assists in educating, implementing and improving human rights and the rule of law in Burma.

BLC issues two regular publications: Legal Issues on Burma Journal (ISSN 1513-9174) and Journal of Constitutional Affairs (ISSN 1513-9182). These are funded by the German organization, Friedrich Neumann Stiftung.

Regular Publications
Legal Issues on Burma Journal (No. 1 to 23) (Published in English)
...contains academic articles relevant to legal and political issues in Burma including: constitutional reform, rule of law, federalism, refugees, judicial independence, martial law, and religious freedom. Articles are written by practising lawyers, academics, and experienced Burmese opposition activists from Thailand, India, Ireland, South Africa and other countries.

Journal of Constitutional Affairs (No. 1 to 24)(Published in Burmese)
...contains articles on Burmese legal issues, with a particular emphasis on constitutional reform and the rule-of-law. The journal report on developments in the military junta's 'Constitutional Convention' process and also the democratic/opposition's draft constitution for a future Burma. Some articles provide an international perspective, comparing the constitutional situation and background in other countries.

Lawka Pala (Journal of Constitutional Affairs)

Issuing publications and making presentations is the other main way (apart from training) in which BLC assists in educating, implementing and improving human rights and the rule of law in Burma.

Journal of Constitutional Affairs No. 3

The 3rd issue contains the following articles:

  • Introduce to Constitution
  • The book The Union of Burma, which refer to the 1947 Constitution and the 8888 uprising
  • The study of the system of the parliamentary government and the presidential government
  • The lost of Ma Nar Plaw and the Political Knowledge of the People
  • The report of the DAB's Constituitonal Drafting Commmittee concerning the Drafting of the (Future) Federal Union of Burma Constituitonal (Draft)
  • The Parliament
  • Justice and Law in Burma (English)
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Journal of Constitutional Affairs No. 5

The 5th issue contains the following articles:

  • Drafting a constitution: a relationship between texts and the drafting process;
    an observation on the 1996 South African Constitution;
  • Solving ethnic conflicts:Sri-Lanka experiences;
  • Pyidaungzu (Union), Federalism and Burman Elites;
  • An introduction to 1997 Thai constitution - A brief observation;
  • Record of constitutional seminars - Bangkok seminar 1998 (May) and New Delhi seminar (1998 December)
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Journal of Constitutional Affairs No. 6

The 6th issue contains the following articles:

  • Lessons form the Past (Prof. Josef Silverstein) (Translation);
  • Constitution and the Constitutional Court - Thailand's experience;
  • Judicial Independence;
  • Amending the Constitution - the Philippines experience;
  • The June 1999 General Elections of Indonesia;
  • The 1998 Cambodian General Elections and Rule of Law;
  • Bureaucracy
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Journal of Constitutional Affairs No. 7

The 7th issue contains the following articles:

  • Drawing up a Constitution and selecting government systems, (Burma Lawyers' Coucil)
  • South Africa's courts - beyond Apartheid: the structure and role of the Constitutional Court, (Professor Jeremy Sarkin), translated in Burmese by Cho Cho Tun Nyein.
  • Limited government, (Bo Mote Seit)
  • Human rights law, (Khin Maung Win)
  • The meaning of human rights, (Khin maung Win)
  • Anti-corruption experiences in Thailand, Indonesia and Burma, (Aung Htoo)
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Journal of Constitutional Affairs No. 8

The 8th issue contains the following articles:

  • Discussion on Constitutional Affaris;
  • Duties emerging out of the Constitution;
  • Brief news on Constitutions;
  • Human Rights and Constitutional Affairs;
  • Naitonal Huamn Rights Commissions;
  • Human Rights Commission and Human Rights in Burma;
  • Australian Policy and Human Rights in Burma;
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Journal of Constitutional Affairs No. 9

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Journal of Constitutional Affairs No. 10

The 10th issue contains the following articles:

  • Constitutional discussion articles (Khin Maung Win)
  • Brief News and Commentaries Relating to Constitutional Matters (BLC’s Documentation Centre)
  • New Government and Past Human Rights Violations (Jeremy Sarkin)(Translation)
  • Consoiation Democracy (Khin Maung Win)
  • The Tatmadaw(Army) and Transition (Tin Maung Than)
  • Politics of the Phlippine and People Power Revolution (Khin Maung Win)
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Journal of Constitutional Affairs No. 11

The 11th issue contains the following articles:

  • The Presidential System (Khin Maung Win)
  • Women Rights and abortion (Aung Htoo)
  • Brief News and Commentaries Relating to Constitutional Matters (BLC’s Documentation Centre)
  • The Dialouge and Transition (Tin Maung Than)
  • Law and Religion in Burma (Peter Gutter) (Translation)
  • Introduction (Dam)(Min Lwin Oo)
  • Lack of Transparency in Burmese Judgment (Win Maung)
  • Milosevic and War Crime Charge (Khin Maung Win)
  • Racial Discrimination and Asean (Khin Maung Win)
  • Khamer Rouge Trial (Khin Maung Win)
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Journal of Constitutional Affairs No. 12

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Journal of Constitutional Affairs No. 13

The 13th issue contains the following articles:

  • The Electroal Systems (Part 2) (Khin Maung Win)
  • Sri Lanka Constitution and Implementation (Win Maung)
  • Brief News and Commentaries Relating to Constitutional Matters (BLC’s Documentation Centre)
  • Introduction to The Internatinonal Criminal Court (Sai Soe Win Latt)
  • The History of the Development of Human Rights Treaties (Khin Maung Win)
  • The Union Members (Burma Lawyers' Council)
  • The Election and Politics Complication (Khin Maung Win)
  • Nigerian Women Rights (Ba Maung Zin)
  • Geneva Agreements or Law of International Humanitarian Law (Ba Maung Zin)
  • The Tamil Tiger and prospect of Peace in Sri Lanka (Ba Maung Zin)
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Journal of Constitutional Affairs No. 14

The 14th issue contains the following articles:

  • Electoral system - part three (Khin Maung Win)
  • Federal Union and Upper House (Win Maung)
  • Brief News and Commentaries Relating to Constitutional Matters (BLC’s Documentation Centre)
  • John Doe and Others vs. Unocal Corporation and Others (John Southalan)
  • Democracy and Rule of Law (Sai Soe Win Latt)
  • Interview: This was by leading Karen leader, Pado Man Shar, and it brought out the commitment of Karen national ethnicities to the Federal Union of Burma.
  • Prospect for the Democratic Transition in Burma (Prof. Joseph Silverstein)
  • Need to consider on the Supreme Court's rulings (Min Lwin Oo)
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Journal of Constitutional Affairs No. 15

The 15th issue contains the following articles:

  • Burmese Customary Law and Ethnic Buddhism (Hla Htay)
  • Freedom and Protection of Constitution ( Win Maung)
  • The Constitution and the role of Independent Peoples' Organizations (Ye Min Htat)
  • Brief News and Commentaries Relating to Constitutional Matters (BLC’s Documentation Centre)
  • Global Criminal Court's turning a new page historically, ( Alfred)
  • Women Rights (Daw Molly)
  • Rule of Law and the role of People ( by Sai Soe Win Latt)
  • Interview: The President of Karenni State Khu Bya Reh gave this interview stated his opinion on the Federation, Future
  • Constitution, and State Structure
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Journal of Constitutional Affairs No. 16

The 16th issue contains the following articles:

  • Independent Judiciary (Min Lwin Oo)
  • Ways of Access to Justice (Hla Htay)
  • Brief News and Commentaries Relating to Constitutional, Trial, Election and judicial Matters (BLC’s Documentation Centre)
  • Cambodia, A step to Democracy ( Win Maung)
  • Interview: Perspective on Federalism and the Future Constitution of Burma: Interview with Colonel Zin Kyone: A conversation with the Colonel Zin Kyone, the General Secretary of the National Democratic Front (NDF).
  • A Warning for Children (Min Myat Kyaw)
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Journal of Constitutional Affairs No. 17

The 17th issue contains the following articles:

  • Ethnic Problems and Constitutional Solution (Dr. Alan Smith)
  • Law and Mass Communication (Hla Htay)
  • Brief News (BLC's Documentation Centre)
  • Which Destination SPDC's National Convention Leads to; ( Win Maung)
  • Saddam Hussen and the difficulty of trial (Salai Paceu - Mezar)
  • Interview:Interview with Daw San San (Member of Parliament).
  • Lack of Protection of Violence Against Burmese Women (Daw Molly)
  • Episode behind the Depayin Massacre and Justice (Min Lwin Oo)
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Journal of Constitutional Affairs No. 18

The 18th issue contains articles on the following articles:

A Brief Analysis on the National Convention (The Burma Lawyers' Council)

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Journal of Constitutional Affairs No. 19

The 19th issue contains articles on the following issues:

  • Secession and Self Determination (B.K. Sen)
  • Drafting Constitution and Public's Contribution (Win Maung)
  • Burma and National Reconceliation: Ethnic Conflict and State-Society Dysfunction (Chao_Tzang Yawnghwe)
  • Writ of Habeas Corpus (Min Lwin Oo)
  • Brief News and Commentaries Relating to Constitutional, Trial, Election and judicial Matters (BLC's Documentation Centre)
  • Discussion on Civil Society and Constitution (Aung Htoo)
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Journal of Constitutional Affairs No. 20

The 20th issue contains articles on the following issues:

  • Democracy in Afghanistan (Win Maung)
  • Women's Role in Constitution (Daw Molly)
  • Discussion on Civil Society and Constitution (Aung Htoo)
  • National Convention - Burma's Road Map (BLC)
  • Federalism and Self-Determination (Dr. Venkat Iyer)
  • Ukraine's Election (Win Maung Maung)
  • Trial and Justice (B.K. Sen)
  • Brief News and Commentaries Relating to Constitutional, Trial, Election and judicial Matters (BLC's Documentation Centre)
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Journal of Constitutional Affairs No. 21

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Journal of Constitutional Affairs No. 22

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Journal of Constitutional Affairs No. 23

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Journal of Constitutional Affairs No. 24

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Journal of Constitutional Affairs No. 25

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Journal of Constitutional Affairs No. 27

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Journal of Constitutional Affairs No. 28

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Journal of Constitutional Affairs No. 29

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Journal of Constitutional Affairs No. 30

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Journal of Constitutional Affairs No. 31

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Journal of Constitutional Affairs No. 32

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Journal of Constitutional Affairs No. 33

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Journal of Constitutional Affairs No. 34

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Journal of Constitutional Affairs No. 35

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Journal of Constitutional Affairs No. 36

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Lawka Pala (Legal Journal on Burma)

Issuing publications and making presentations is the other main way (apart from training) in which BLC assists in educating, implementing and improving human rights and the rule of law in Burma.

Legal Issues on Burma Journal No. 1

The first issue of the Legal Issues on Burma Journal contains 4 articles within 4 different scopes:

  • Legitimacy Issue, Modernization, Democracy and Constitutional Reform in Burma
  • Issues on Constitution Drafting Processes, Comparative Constitution Drafting Process in the Philippines, Thailand and Burma
  • Refugee Issue, Legal Protection for Refugees from Burma
  • Environmental Issue, Constitution Protection of Environment in Burma
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Legal Issues on Burma Journal No. 2

The second issue of the Legal Issues on Burma Journal contains 10 articles.

  • Preface
  • Presentation by U Tin Oo
  • Rule of law in Burma under SLORC/SPDC
  • Myo Myint Nyein and the 21 prisoners' case
  • The rule of law and the advocate's role
  • The protection of law from the rule of law
  • Rule of law or rule of the military regime?
  • The rule of law and unjust laws and orders
  • The rule of law and retrospective laws
  • Just laws required for the rule of law
  • The independence of the judiciary
  • Martial law in Burma
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Legal Issues on Burma Journal No. 3

The third issue contains articles on the following matters:

  • Drafting a constitution in Burma - Struggle for participatory process; (Burma Lawyers' Council)
  • Drafting a constitution in Burma - Lessons from the past; (Prof Josef Silverstein)
  • Drafting a constitution in Burma - Pyidaungzu, Federalism and Burman elites; (Chao-Tzang Yawnghwe)
  • Burma, Southeast Asia and the road to democratic constitution; (Vitit Muntarbom)
  • Convening People's Assembly in Burma - A legal analysis; (Burma Lawyers' Council)
  • NLD's position regarding the convening of People's Parliament; Appeal to the People Regarding the Convening and Formation of the Peoples Parliament (NLD, Rangoon, August 18, 1998)
  • Statements of Committee Representing People's Parliament; The Committee Representing the People's Parliament
  • (Statement No. 2 - 28 September 1998)
  • (Statement No. 3 - 2 October 1998)
  • (Statement No. 4 - 13 October 1998)(Statement No. 5 - 16 October 1998)
  • (Statement No. 7 - 8 December 1998)
  • Judicial system of Burma - Trial of 18 Foreigners; (V Joel Greer et al)
  • Judicial system of Burma - An urgent need for reform; (Burma Lawyers' Council)
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Legal Issues on Burma Journal No. 4

The fourth issue of the Legal Issues on Burma Journal contains six articles within four scopes:

  • Federalism and the protection of minority rights - some lessons for a new democratic Burma; (Dr. Venkat Iyer)
  • Federalism - the best option for national reconciliation and peace in Burma; (Dr. Thaung Htun)
  • Religious freedom in Burma - a devisive and repressive practice of the military regime; (Khin Maung Win)
  • Burma and the 1999 Commission on Human Rights; (John Southalan)
  • Where to from here? An interview with Professor Josef Silverstein; (Professor Josef Silverstein)
  • Comparing and contrasting two draft Burmese constitutions. (Professor Jeremy Sarkin)
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Legal Issues on Burma Journal No. 6

No. 6 of Legal issues on Burma Journal contains 5 articles within 4 different scopes:

  • Some thoughts on Burma- Thai relations, an article within the scope of international relations, written by Professor Josef Silverstein. This article analyses the historical basis for the present state of relations between Burma and Thailand. The author explores the various tensions and mutual interests that have been forged and experienced throughout modern history, with a view to acknowledging that history often tells a lot about future relations between nations.
  • Burma human rights body is not all that is needed, an article within the scope of the proposed Human Rights Commission in Burma, written by Khin Maung Win. This article seeks to explore some outstanding issues regarding the proposal for a National Human Rights Commission in Burma, such as the Rule of Law, the military culture and the violations of fundamental freedoms. The author argues the resolution of these issues should take precedence over the proposal for such a commission.
  • Australia takes the wrong road to Rangoon, an article within the same scope, written by Ye Htut. This article is critical towards current Australian government policy to provide human rights training to Burmese government representatives. It also comments on the proposal to establish a Human Rights Commission in Burma.
    Forced Labour, the ILO and Burma, an article within the scope of International Labour Organization, written by Louise Southalan. This article provides a detailed background to the issue of forced labour, Burma's legal obligations under international law and the activities of he ILO regarding forced labour in Burma. It provides detailed information pertaining to the workings of the ILO while analysing the conduct of Burma and the other member states of this international agency.
  • NLD proposed litigation - commentary, an article in the journal's section "In Brief", written by B.K. Sen. This commentary provides an analysis of the recent legal proceedings initiated by the National League for Democracy and further commentary regarding current and pertinent international incidents.
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Legal Issues on Burma Journal No. 7

No. 7 of Legal Issues on Burma Journal counted 71 pages and contained 8 articles within 6 different scopes:

  • Dealing with Past Human Rights Abuses: Promoting National Reconciliation in Future Democratic Burma, an article within the scope of justice in transition, written by Professor Jeremy Sarkin. He explains three models of transition and the possible choice for Burma. Truth, Justice and National REconciliation are to be kept in mind, when Burma's new democratic government deals with human rights abuses committed by past authoritarian regimes.
  • A Case for Humanitarian Intervention, an article within the scope of humanitarian intervention?, written by B. K. Sen. Author observes internal law from the perspective of the grounds for humanitarian intervention by the international community, in domestic affairs. He concludes that Burma is a case where the international community needs to consider intervention on humanitarian grounds, as gross human rights violations are evident.
  • Rival Constitution Writing Process: A Problem in National Reconciliation in Burma, an article within the scope of constitution writing, written by Khin Maung Win. Author introduces the ongoing rival constitution writing processes on both national and state levels. He argues that if these rival processes cannot be reconciled into one common national level, thereby harmonizing national and state constitution, the chances for national reconciliation in Burma will remain far away.
  • The International Labour Organization Makes History, an article within the scope of forced labour, written by Jane Carter. Author analyses post-ILO sanctions and the future of possible forced labour in Burma. She examines the requirement that Burma needs to fulfill before the next ILO Governing Body meeting, which is scheduled for March 2001.
  • law making and Law Enforcement in Burma: Junta's Failure in Regard to Forced Labour, an article within the same scope, written by Janelle Saffin. Author points out that the military Junta's Law making and enforcement, does not match the ILO's requirements to end forced labour.
  • Constructive Engagement: A Critical Evaluation, written by Minn Naing Oo. The author examines the weakness of both constructive engagement and sanction policies. Both equally fail to bring about changes, and to restore human rights and democracy in rough state, particularly Burma. A middle way is suggested to bring about changes in such states.
  • Shadow over Daw Aung San Suu Kyi's Inheritance Case, an article within the scope of the due process of the law, in which authors B.K. Sen and Khin Maung Win look into the background of the civil suit filed by Aung San Suu Kyi's brother for half ownership of the property of their late mother. Aung San Suu Kyi currently occupies the property. The main theme of the article is the collusion between the SPDC and Aung San Suu Ky's brother to remove Aung San Suu Kyi from the property, and to deny her the use of the property a a NLD Head Office. They conclude that the lawsuit against Aung San Suu Kyi is politically motivated.
  • Constructive Engagement with Burma Sees Red Light, a brief article by BLC about a joint venture between a Singapore-based company and the Ministry of Industry No. 1 of the SPDC.
  • Burma's Election and Constitutional History: A Snapshot, which is an outline of a speech given by Janelle Saffin, BLC Executive Member, at a seminar on Burma and its path towards independence and democracy, hosted by the New Zealand Asia Institute on 18 and 19 August 2000.
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Legal Issues on Burma Journal No. 8

No. 8 of Legal Issues on Burma Journal contains 8 articles within 6 different scopes:

  • Law and Religion in Burma
  • Toward Transition with Rule of Law
  • Ensuring Free and Fair Elections in a Democratic Burma
  • Human Rights and Legal Issues for a Democratic Transition of Burma
  • New Lawsuit Against Daw Aung San Suu Kyi: Hidden Agenda?
  • Law Reporting in Burma: Lack of Transparency
  • Designing Constitution as Policy Formulation to Stop Human Rights Violations
  • Burma's Transition to Rule of Law in Different Contexts
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Legal Issues on Burma Journal No. 9

No. 9 of Legal Issues on Burma Journal contains 6 articles within 6 different scopes:

  • Environment and Law in Burma
  • Women and Law in Burma
  • The Burmese Junta's Abuse of Investment Laws
  • The Burmese Junta's Impediment to Thai-Burma Relations
  • Federalism and Burma
  • About Constitutions, Economics, and Talks
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Legal Issues on Burma Journal No. 10

No. 10 of Legal Issues on Burma Journal contains 7 articles within 5 different scopes:

  • Burma and National Reconciliation: Ethnic Conflict and State-Society Dysfunction
  • Secession and Self-Determination in the Context of Burma's Transition
  • Law and Money Laundering in Burma
  • Burmese Migrant Workers in Thailand: Policy and Protection
  • Burmese Children in Thailand: Legal Aspects
  • Burma's Democratic Transition: Justice, Legitimacy, and Past Political Violence
  • Transition, Talks, and Terrorism
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Legal Issues on Burma Journal No. 11

No. 11 of Legal Issues on Burma Journal contains 7 articles.

  • Federalism in Burma: A Special Issue
  • Federalism as a Solution to the Ethnic Problem in Burma
  • In Search of a Constitution for Burma
  • Federalism With a New Twist: Burma's Only Option
  • Federalism and Self-Determination: Some Reflections
  • Interview With Sao Seng Suk
  • Burma's Ethnic Problem is Constitutional
  • Federalism: Putting Burma Back Together Again
  • Federalism, Burma and How The International Community Can Help
  • Coups, Dialogue and Transition
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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.
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Legal Issues on Burma Journal No. 13

No. 13 of Legal Issues on Burma Journal contains 8 articles.

  • John Doe and Others vs. Unocal Corporation and Other (by John Southalan): This a judgment of U.S. Court confirming human rights abuses of the ruling junta, Burma SPDC associated with constraints of a pipeline in Southern Burma. The villagers were subjected to forced labor by the company and the military provided building infrastructure.
  • Anti-Trafficking Human Law in Burma -Need of the Hour- (by B.K. Sen): The article brought out the differences in former legal definition of the term. It focused on the magnitude of the problem and set out the recommended guidelines of human rights commission. The emphasis of the article was to put in place immediately an anti-human trafficking law.
  • "The controlling money Laundering Law" significance of the Press Briefing (by Legal Aid Section): In this article, the latest press briefing on the subject by the SPDC was analyzed. The significance of the press conference was to give assurance to the potential offenders not to panic.
  • Special Features: Charter of Legal Reforms in Burma (by Thein Oo and Janelle Saffin): It is set out in the project the preamble, its description, objectives, and approach. It traces the legal history it marks the legal areas for reform, the need for new laws, the reform process as part of restoration of rule of law. However, this article does not reflect the official platform of the BLC.
  • Interview with Pado Man Shar: This was by leading Karen leader, Pado Man Shar, and it brought out the commitment of Karen national ethnicities to the Federal Union of Burma.
  • Sri Lanka Peace talks: The peace talks in Sri Lanka Between ethnic minorities and majority were mentioned; also what reflection it has on Burma.
  • "Regime change" Burma and Iraq: The differences in situations of the two countries were brought out, although both needed changes.
  • Judicial Laws Exposed, China: This article gives a glimpse as to how China was trying to reform its legal system contrary to Burma.
  • Law Journal in Burma Attorney General or Prosecutor General (Burma)?
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Legal Issues on Burma Journal No. 14

No. 14 of Legal Issues on Burma Journal contains 10 articles.

  • Thoughts on the U.N. Special Rapporteur to Burma (by Prof Joseph Silverstein): A critical review of the U.N.'s outgoing Special Rapporteur to Burma, Paulo Pinhiero, and an account of his activities in regards to Burma over the past five years. Silverstein asserts that despite his lack of visible success as the Special Rapporteur, Pinheiro's efforts have built a strong foundation for his successor that will most definitely lead to future gains for the Union of Burma.
  • Unocal's Destructive Engagement in Burma- the Lawsuit Ensues (by Danya Marshman): An account of the Unocal/Total pipeline project in Burma, from its beginning stages to the present. Marshman focuses on the legal process undertaken by several human and environmental NGO's in prosecuting the multinational corporations, commenting on the delayed progress of the lawsuit.
  • Criminal Case for a Cause: India's Democracy on Trial (by B.K. Sen): Sen recalls the 1990 hijacking of a Thai Airways flight en route to Rangoon. While the criminal proceedings against alleged hijacker Soe Myint have yet to begin, Sen dictates the statutes of Indian law under which the defendant will be tried and the implications involved.
  • Need for Legal Aid Law in Burma: Problems and Prospects (by B.K. Sen): A historical account of Burma's problems in implementing legal aid contributions. Recommendations are offered on how this assistance can be implemented more effectively.
  • Institutional Legal Aid: Trends and Challenges in the Asian Region (by B. Payoyo, LL.M, Ph.D.): Discusses the legal aid landscape in the developing world and the changing idea of an openly political inspiration to legal assistance. Specific emphasis is placed on legal aid organizations as defenders of human rights.
  • Workshop on Mutual Legal Assistance and the Office of the Attorney General (by Dr. Tun Shein): A caveat is raised. B.K. Sen asks, "Will the Office of the Attorney General convene a workshop on legal aid in Burma and end up with a conclusion recognizing the dire necessity of legal aid law? A representation and critique of Burma's Office of the Attorney General.
  • Interview with Khu Bya Reh: A conversation with the influential Karenni State President on past, present, and future state constitutions. Also discussed is the tripartite dialogue within the transition process.
  • The SPDC and Burma's Constitution: General Than Shwe's Union Day message and the hypocrisy that has preceded it.
  • Comments on how General Than Shwe must act in order to truly follow his promises.
  • The Bank Run in Burma & A Legal Issue: An account of Burma's most recent economic crisis and the additional struggles the government now faces. The need for transparency is highlighted in managing the nation's financial state.
  • The 1973 Interpretation of Expressions Law: Dissecting the outdated statute that allows the junta a centralized grip on the legal system of Burma, making no separation of power between the executive and legislative authorities.
  • The Bar Council Under the SPDC: Shedding light on the selection process of Burma's government advocates.
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Legal Issues on Burma Journal No. 15

No. 15 of Legal Issues on Burma Journal contains 5 articles.

  • The State Protection Law Protects The Junta (by Aung Naing Oo): Aung Naing Oo explains the plight of U Kyaw San to illustrate Burma's notorious state Protection Law. Discusses the judicial Procedures and lack of protection or representation and includes that its abolition is a necessary condition for national reconciliation.
  • Ethnic Problems and Constitutional Solutions (by Dr. Alan Smith): Alan Smith gives an erudite exposition of politics of ethnicity in the context of Burma's perennial ethnic problems. The making of a future Constitution of Burma has been made difficult by the military. He has stated that the ethnic leaders in exile have made serious efforts in discussing a Federal Constitution including State Constitutions. Alan Smith has explained lucidly the problem of regional autonomy and federalism. This issue of 8 state formula Vs 14 State formula with diagrams, the rights of minorities. Alan Smith underscores the need for a consensus model of decision making at the national lever rather than pursue a pure form of federalism.
  • Securing Media Freedom in a Democratic Burma: Some Reflection (by Dr. Venkat Iyer): Dr. Venkat argues that Burma's post-independence need of despotism is an obstacle to clear and hard-heading thinking to evolution of a free media.
  • Constitutional, Legal, political and practical protections are needed to guarantee Freedom of Media. Dr. Venkat also elaborates as to whether media should enjoy any special privileges under the law.
  • Preliminary Report of The Ad hoc Committee on Dapayin Massacre (Burma) (by The Ad hoc Committee on Dapayin Massacre): It contains ten items tracing the formation of the Ad-hoc Commission on Depayin Massacre background of the event and the event itself and analysis as to why such event happened. As evidences, affidavits of eye-witnesses interviews, photo exhibits have been included. List of victims, list of persons arrested has also been given to lend authenticity.
  • Dapayin Massacre, Crime Against Humanity, National Reconciliation and Democratic Transition (by Aung Htoo): This is a special article "Depayin Massacre, Crime Against Humanity, National Reconciliation and Democratic Transition", by the
  • General Secretary U Aung Htoo. He has explained the motive behind the crime, namely to deny result of 1990 may election. The fact that is well-planned and directed against a specific "Certain population", he argued, constituted crime against humanity and perpetrators should be brought to justice. Further he submitted that within accountability, genuine dialogue with SPDC was not a reality.
  • Perspective on Federalism and the Future Constitution of Burma:Interview with Colonel Zin Kyone, the General Secretary of the National Democratic Front (NDF)
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Legal Issues on Burma Journal No. 16

No. 16 of Legal Issues on Burma Journal contains 4 articles.

  • A Brief Analysis on SPDC's Constitutional Principle (by Burma Lawyers' Council)
  • Analysis of National Convention Procedural Code (by Khin Maung Win)
  • Road Map or Road Trap? (by BK Sen)
  • Clash of the Titans (by Aung Naing Oo)
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Legal Issues on Burma Journal No. 17

No. 17 of Legal Issues on Burma Journal contains 4 articles.

  • Moving in Two Direction: Where is Burma Headed? (by Prof. Josef Silverstein)
  • Freedom of Expression and Transition (by B.K. Sen)
  • Human Rights Norms in Burmese Society (by Khin Maung Win)
  • Impunity and Judicial Independence (by John Southalan):
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Legal Issues on Burma Journal No. 18

No. 18 of Legal Issues on Burma Journal contains 4 articles.

  • A Brief Analysis on the Judiciary of Burma
  • Judiciary & Social Justice (by B.K. Sen)
  • Reflection on the Naitonal Convention (the Road Map in Burma)
  • Case of Nine Innocent Persons Condemned to Death
  • Burmese Migrant Workers (A Question of Human Rights)
  • Family Law of Thailand
  • With a Deep Desire to promote Judiciary
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Legal Issues on Burma Journal No. 19

No. 18 of Legal Issues on Burma Journal contains 4 articles.

  • A Brief Analysis on the Judiciary of Burma
  • Judiciary & Social Justice (by B.K. Sen)
  • Reflection on the Naitonal Convention (the Road Map in Burma)
  • Case of Nine Innocent Persons Condemned to Death
  • Burmese Migrant Workers (A Question of Human Rights)
  • Family Law of Thailand
  • With a Deep Desire to promote Judiciary
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Legal Issues on Burma Journal No. 20

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Legal Issues on Burma Journal No. 21

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Legal Issues on Burma Journal No. 22

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Legal Issues on Burma Journal No. 23

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Legal Issues on Burma Journal No. 24

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Legal Issues on Burma Journal No. 26

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Legal Issues on Burma Journal No. 27

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Legal Issues on Burma Journal No. 28

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Legal Issues on Burma Journal No. 29

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Legal Issues on Burma Journal No. 30

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Legal Issues on Burma Journal No. 31

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Legal Issues on Burma Journal No. 35

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Burma: The Military and Its Constitution (May 1999)

This is special publication of BLC focusing on the monopoly of military in constitution drafting process. Although the international community generally knows that the constitution drafting process in Burma is undemocratic, it still requires to be explored in more detail how the military systematically excludes participation of the people, which is the key for emergence of any popular constitution. The main purpose of this publication is to let the international community examine whether to support SPDC constitution drafting process and its outcome.

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