News / Asia

Report Urges Reform for Burma's Hobbled Justice System

FILE - A Buddhist monk walks near the High Court in Rangoon, Nov. 26, 2011.
FILE - A Buddhist monk walks near the High Court in Rangoon, Nov. 26, 2011.
TEXT SIZE - +
VOA News
— A new report warns that although Burma has made progress in improving its legal system in the past two years, lawyers still face restrictions in their work, especially when it comes to politically sensitive cases.  

This week's report from the International Commission of Jurists (ICJ) warns about a legal system that erodes the independence of lawyers in Burma.

Although lawyers reported their independence had improved since Burma's political reforms started in 2010, outside analysts says there are still serious gaps including pervasive corruption and intimidation of lawyers who are representing politically sensitive cases.

Sam Zarifi, the regional director of the ICJ in Asia says that the government has shown willingness to address its shortcomings, but has yet to take concrete action.

"As we go into a very political year I think that's going to be a real challenge in terms of strengthening the judiciary in terms of strengthening the independence of lawyers and clearly the need to reform parts of the constitution," he said.

Burma still considers itself a common law country, a legal system largely based on the judgments of courts over the years. Much of its penal code dates to the law books of the British Raj, from when it was still a British colony.

Under Burma's former military dictatorship the legal system was reduced to a political tool of the government. Now, parliament is considering reforms, but it's still unclear how far they will go.

Thein Than Oo is a lawyer and former political prisoner whose license was revoked for over 11 years after he took on numerous politically sensitive cases. Recently, he represented Muslims accused of killing a Buddhist monk, a high-profile case at a time of sectarian tensions.

He says a major structural flaw in the legal system lies in the powerful role of the attorney general, who is appointed rather than elected, and also heads the Bar Council, which is not independent.

"Attorney general in person is very good and very famous Dr. Tun Shin, but as attorney general he is also the puppet of the government," he said.

Others point out that structural injustices present in the legal system have put minority groups at a great disadvantage. For example, in the aftermath of communal violence, Muslims are often sentenced more severely for minor crimes than their Buddhist neighbors.

Many in Burma lobbying for legal reforms argue that the country needs a system based on “rule of law.” But many factions interpret the meaning of that term differently, creating confusion about what reforms they actually support.

Matt Walton, the Aung San Suu Kyi Senior Research fellow in modern Burmese studies at Oxford University says the “rule of law” term has become so overused, that it has become meaningless. Walton says the term is already used to defend unjust legal decisions.

"Rule of law is presumed to be this neutral vehicle but it doesn’t take into account what are more positive mechanisms of justice which recognizes structural and historical injustice as well,” he said.

In the aftermath of communal violence, for example, Muslims have often been punished more harshly than Buddhists for crimes related to sparking riots. Vague laws are often interpreted to the disadvantage of Muslims, in particular the section which criminalizes insult to religion.

Sam Zarifi says improving the legal system will require amending the constitution in 2014, but that is just one of several high profile amendments under consideration.

The government has stressed amendments to create a clear investment law that benefits the economy. The opposition has focused on a constitutional amendment that would change the clause that currently prohibits Nobel Peace Laureate Aung San Suu Kyi from running for president.

Any such changes require a 75 percent majority of the parliament's approval. And under Burma's 2008 constitution, 25 percent of the parliamentary seats remain reserved for the military.

Military members of parliament intend to submit their suggestions for amending the constitution by December 15.

You May Like

Abuja Blast Impacts Lives, Livelihoods

Officials say they are looking at ways to help bombing victims and boosting security More

Cambodia Technology Adviser Criticizes Cybercrime Draft Law

Phu Leewood says current criminal code can be used to prosecute offenders and that there is no need for a separate law More

Photogallery A Year Later, Boston Remembers Deadly Marathon Bombings

City pauses to honor victims and salute emergency workers who came to their assistance in frantic moments after blasts More

Featured Videos

Your JavaScript is turned off or you have an old version of Adobe's Flash Player. Get the latest Flash player.
Google Buys Drone Companyi
|| 0:00:00
...
 
🔇
X
George Putic
April 15, 2014
In its latest purchase of high-tech companies, Google has acquired a manufacturer of solar-powered drones that can stay in the air almost indefinitely, relaying broadband Internet connection to remote areas. It is seen as yet another step in the U.S. based Web giant’s bid to bring Internet to the whole world. VOA’s George Putic reports.
Video

Video Google Buys Drone Company

In its latest purchase of high-tech companies, Google has acquired a manufacturer of solar-powered drones that can stay in the air almost indefinitely, relaying broadband Internet connection to remote areas. It is seen as yet another step in the U.S. based Web giant’s bid to bring Internet to the whole world. VOA’s George Putic reports.
Video

Video Ray Bonneville Sings the Blues and More on New CD

Singer/songwriter Ray Bonneville has released a new CD called “Easy Gone” with music that reflects his musical and personal journey from French-speaking Canada to his current home in Austin,Texas. The eclectic artist’s fan base extends from Texas to various parts of North America and Europe. VOA’s Greg Flakus reports from Austin.
Video

Video Millions Labor in Pakistan's Informal Economy

The World Bank says that in Pakistan, roughly 70 percent work in the so-called informal sector, a part of the economy that is unregulated and untaxed. VOA's Sharon Behn reports from Islamabad on how the informal sector impact's the Pakistani economy.
Video

Video Passover Celebrates Liberation from Bondage

Jewish people around the world are celebrating Passover, a commemoration of their liberation from slavery in Egypt more than 3,300 years ago. According to scripture, God helped the Jews, led by Moses, escape bondage in Egypt and cross the Red Sea into the desert. Zlatica Hoke reports that the story of the Jewish Exodus resonates with other people trying to escape slave-like conditions.
Video

Video Police Pursue Hate Crime Charges Against Kansas Shooting Suspect

Prosecutors are sifting through the evidence in the wake of Sunday’s shootings in a suburb of Kansas City, Missouri that left three people dead. A suspect in the shootings taken into custody is a white supremacist. As VOA’s Kane Farabaugh reports, he was well-known to law enforcement agencies and human rights groups alike.
Video

Video In Eastern Ukraine, Pro-unity Activists Emerge from Shadows

Amid the pro-Russian uprisings in eastern Ukraine, there is a large body of activists who support Ukrainian unity and reject Russian intervention. Their activities have remained largely underground, but they are preparing to take on their pro-Moscow opponents, as Henry Ridgwell reports from the eastern city of Donetsk.
Video

Video Basket Maker’s Skills Have World Reach

A prestigious craft show in the U.S. capital offers one-of-a-kind creations by more than 120 artists working in a variety of media. As VOA’s Julie Taboh reports from Washington, one artist lucky enough to be selected says sharing her skills with women overseas is just as significant.
Video

Video UN Report Urges Speedier Action to Avoid Climate Disaster

A new United Nations report says the world must switch from fossil fuels to cleaner energy sources to control the effects of climate change. The Intergovernmental Panel on Climate Change released the report (Sunday) following a meeting of scientists and government representatives in Berlin. The comprehensive review follows two recent IPCC reports that detail the certainty of climate change, its impacts and in this most recent report what to do about it. VOA’s Rosanne Skirble has the details.
AppleAndroid