This document proposes a work plan to address three issues in Burma: 1) the 2008 constitution, 2) elections in 2010, and 3) the issue of impunity. For the constitution, it recommends pressuring the UN to declare it null/void or revising impunity provisions and military power. For elections, it recommends promoting freedoms and democratic standards if the constitution remains. For impunity, it recommends an international inquiry commission and national reforms to provide accountability, reparations, and end the culture of impunity in Burma. Detailed strategies and plans are outlined for lobbying the UN/international bodies and raising awareness on these issues.
INTRODUCTION
In the absence of an elected parliament that expresses the people and their concerns. In light of the growing awesome network of exceptional laws, which violating the Egyptian constitution of 2014 and the Egyptian successive Constitutions and violating of all international conventions signed by the Egyptian government, is getting the brunt of these laws that the Egyptian citizen burned.
In the light of this legislative vacuum there are many laws that restricted of the rights and freedoms of citizens, until it be more than 800 law and decision issued by individual decision from the president.
The important question is whether the country and its citizens really need this vast amounting of restricted law for freedom of its people and shackled the progress of society.
Does the law on terrorism and the law terrorist entities are able to stop this intellectual extremism creeping armed US?
Does Egypt need to have issue laws or it need to coherence of the Community intellectually and politically to stand in front of this wave of abnormal thought?
Can the Egypt deter a criminal by the laws or the government creates more extremists who find in violating of their rights field to force this country and continue to face?
Egypt is in dire need of wise now to take it towards the right path away from the fossilized minds or extremist ideas.
Therefore, we need to stop in front of these violations that Egypt was suffering in the human right's file in an unprecedented way in all the previous eras. The current power desires liquidation of all its opponents inside and outside prisons in the light of continued killings and torture.
We need to stop for a cessation of all manifestations of Industry extremism. We seek to build a nation afford all his sons. Egypt will not progressing by the cuffed law that was fallen what is remain of Egypt institutions which created a new tyrants by the law!
METHODOLOGY OF THE REPORT
These reports methodology has adopted to collect information, through direct monitoring to researchers of ECRF for the cases and asked all the associated of the incident under discussion. In this report we have adopted on all investigations and press releases that have been issued over the past months, as well as asked lawyers, experts and jurists.
South Africa, the Rome Statute and the International Criminal Court Implicati...paperpublications3
Abstract: The May 2015 pulsating development in South Africa’s international legal history has shown the world that for almost all African states, signing and ratifying statutes is one thing, and implementation is another. South Africa was the last state standing, all international hopes being on South Africa that the government would arrest Omar al Bashir if he sets foot in that country. Other African states that are signatories and ratifiers of the Rome Statute had flinched from arresting and surrendering Bashir to the International Criminal Court, such as Chad, Nigeria, Ethiopia, Eritrea, Djibouti, Malawi and Kenya. South Africa, which is regarded as a mature and stable democracy in Africa, astonishingly followed the African Union’s unity in defiance action by surreptitiously letting Omar al Bashir off the legal apocalyptic hook, violating its municipal and international legal provisions. Considering that the African Union had openly disassociated itself from the International Criminal Court, and South Africa speaking louder with actions rather than words, this paper moves that South Africa’s defiant action finally exposed Africa’s legal decadence and constituted a dreadful miscarriage of international justice. Politically, what the South African government did was commendable, but legally the government violated its municipal and international law provisions. This action has also finally led to the death of the International Criminal Court in Africa.
Ghetnet Metiku - The african court of justice and human rightsGhetnet Metiku
The planned merger of the human rights court and the yet to be established court of justice into an African Court of Justice and Human Rights is the focus of this paper. More specifically the potential challenges of establishing such a court are explored in some detail.
INTRODUCTION
In the absence of an elected parliament that expresses the people and their concerns. In light of the growing awesome network of exceptional laws, which violating the Egyptian constitution of 2014 and the Egyptian successive Constitutions and violating of all international conventions signed by the Egyptian government, is getting the brunt of these laws that the Egyptian citizen burned.
In the light of this legislative vacuum there are many laws that restricted of the rights and freedoms of citizens, until it be more than 800 law and decision issued by individual decision from the president.
The important question is whether the country and its citizens really need this vast amounting of restricted law for freedom of its people and shackled the progress of society.
Does the law on terrorism and the law terrorist entities are able to stop this intellectual extremism creeping armed US?
Does Egypt need to have issue laws or it need to coherence of the Community intellectually and politically to stand in front of this wave of abnormal thought?
Can the Egypt deter a criminal by the laws or the government creates more extremists who find in violating of their rights field to force this country and continue to face?
Egypt is in dire need of wise now to take it towards the right path away from the fossilized minds or extremist ideas.
Therefore, we need to stop in front of these violations that Egypt was suffering in the human right's file in an unprecedented way in all the previous eras. The current power desires liquidation of all its opponents inside and outside prisons in the light of continued killings and torture.
We need to stop for a cessation of all manifestations of Industry extremism. We seek to build a nation afford all his sons. Egypt will not progressing by the cuffed law that was fallen what is remain of Egypt institutions which created a new tyrants by the law!
METHODOLOGY OF THE REPORT
These reports methodology has adopted to collect information, through direct monitoring to researchers of ECRF for the cases and asked all the associated of the incident under discussion. In this report we have adopted on all investigations and press releases that have been issued over the past months, as well as asked lawyers, experts and jurists.
South Africa, the Rome Statute and the International Criminal Court Implicati...paperpublications3
Abstract: The May 2015 pulsating development in South Africa’s international legal history has shown the world that for almost all African states, signing and ratifying statutes is one thing, and implementation is another. South Africa was the last state standing, all international hopes being on South Africa that the government would arrest Omar al Bashir if he sets foot in that country. Other African states that are signatories and ratifiers of the Rome Statute had flinched from arresting and surrendering Bashir to the International Criminal Court, such as Chad, Nigeria, Ethiopia, Eritrea, Djibouti, Malawi and Kenya. South Africa, which is regarded as a mature and stable democracy in Africa, astonishingly followed the African Union’s unity in defiance action by surreptitiously letting Omar al Bashir off the legal apocalyptic hook, violating its municipal and international legal provisions. Considering that the African Union had openly disassociated itself from the International Criminal Court, and South Africa speaking louder with actions rather than words, this paper moves that South Africa’s defiant action finally exposed Africa’s legal decadence and constituted a dreadful miscarriage of international justice. Politically, what the South African government did was commendable, but legally the government violated its municipal and international law provisions. This action has also finally led to the death of the International Criminal Court in Africa.
Ghetnet Metiku - The african court of justice and human rightsGhetnet Metiku
The planned merger of the human rights court and the yet to be established court of justice into an African Court of Justice and Human Rights is the focus of this paper. More specifically the potential challenges of establishing such a court are explored in some detail.
THE INTERNATIONAL CRIMINAL COURT (ICC) AND MYANMAR-BANGLADESHMYO AUNG Myanmar
The International Criminal Court (ICC) investigates and, where warranted, tries individuals charged with the gravest crimes of concern to the international community: genocide, war crimes, crimes against humanity and the crime of aggression.
The Court is participating in a global fight to end impunity, and through international criminal justice, the Court aims to hold those responsible accountable for their crimes and to help prevent these crimes from happening again.
The Court cannot reach these goals alone. As a court of last resort, it seeks to complement, not replace, national Courts. Governed by an international treaty called the Rome Statute, the ICC is the world’s first permanent international criminal court.
https://www.icc-cpi.int/rohingya-myanmar
Preliminary examination Bangladesh/Myanmar(ONGOING)
https://www.icc-cpi.int/Pages/item.aspx?name=180918-otp-stat-Rohingya
Related Documents
18 September 2018
Statement of ICC Prosecutor, Mrs Fatou Bensouda, on opening a Preliminary Examination concerning the alleged deportation of the Rohingya people from Myanmar to Bangladesh
https://www.youtube.com/watch?v=DBDakDv9s2o&feature=youtu.be
https://www.dropbox.com/s/mszr5ktqh7a8ta0/Statement_of_ICC_Prosecutor_on_opening_a_Preliminary_Examination_concerning_the_Rohingya.mp4?dl=0
https://www.dropbox.com/s/xjfulzz77bl3nf5/Statement_of_ICC_Prosecutor_on_opening_a_Preliminary_Examination_concerning_the_Rohingya.mp3?dl=0
https://www.icc-cpi.int/Pages/record.aspx?docNo=ICC-RoC46(3)-01/18-1
https://www.icc-cpi.int/CourtRecords/CR2018_02057.PDF
https://www.icc-cpi.int/Pages/record.aspx?docNo=ICC-RoC46(3)-01/18-36
Notice of the Public Statement Issued by the Government of Myanmar
ICC-RoC46(3)-01/18-36
17 August 2018 | Office of the Prosecutor | Notice
https://www.icc-cpi.int/Pages/record.aspx?docNo=ICC-RoC46(3)-01/18-28
Decision Inviting the Competent Authorities of the Republic of the Union of Myanmar to Submit Observations pursuant to Rule 103(1) of the Rules of Procedure and Evidence on the “Prosecution’s Request for a Ruling on Jurisdiction under Article 19(3) o
ICC-RoC46(3)-01/18-28
21 June 2018 | Pre-Trial Chamber I | Decision
https://www.icc-cpi.int/Pages/record.aspx?docNo=ICC-RoC46(3)-01/18-31
The International Criminal Court (commonly referred to as the ICC or ICCt)
is the world's first permanent, international judicial body capable of bringing
perpetrators to justice and providing redress to victims when states are unable or
unwilling to do so.1
The International Criminal Justice and the international judicial mechanisms such as the Transitional Justice are far away to promote impunity for crimes against humanity or war crimes. This is inferred from the analysis carried out by Jhon Cubbon, Senior Legal Officer of the International Criminal Tribunal for the former Yugoslavia, on these kinds of Tribunales established for the prosecution and punishment of those responsible or these serious crimes.
The Burma United Through Rigorous Military Accountability Act (h.r. 3190)MYO AUNG Myanmar
The Burma United through Rigorous Military Accountability Act (H.R. 3190)
ENGEL, CHABOT INTRODUCE BURMA SANCTIONS ACT
https://engel.house.gov/latest-news/engel-chabot-introduce-burma-sanctions-act/
The Burma United through Rigorous Military Accountability Act (H.R. 3190)
https://foreignaffairs.house.gov/_cache/files/a/9/a938d8f0-9724-4ad0-9442-6924ff846b35/3FA2746182AB6F063236F870544F6DE5.hr-3091-burma-act---as-introduced.pdf
ENGEL BURMA SANCTIONS BILL CLEARS FOREIGN AFFAIRS COMMITTEE
05/17/18
ENGEL BURMA SANCTIONS BILL CLEARS FOREIGN AFFAIRS COMMITTEE
https://engel.house.gov/latest-news/engel-burma-sanctions-bill-clears-foreign-affairs-committee/
U.S. lawmakers move to add new sanctions on Myanmar
http://mizzima.com/article/us-lawmakers-move-add-new-sanctions-myanmar
Bipartisan lawmakers on the U.S. House Foreign Affairs Committee joined forces Thursday to advance legislation adding new sanctions on Myanmar's leaders for what was described as its violent purge of ethnic minorities, The Hill reported.
The proposal, sponsored by Reps. Eliot Engel (D-N.Y.) and Steve Chabot (R-Ohio), is designed to punish Myanmar's leaders for their long-running campaign against the Rohingya, the report said
Supporters are hoping the new restrictions — including trade, travel and financial sanctions against Myanmar's top leaders — will check the violence and ultimately lead to war crimes charges against those behind the attacks.
House backs measure to clamp down on Myanmar over Rohingya rights
https://www.reuters.com/article/us-usa-myanmar-congress/house-backs-measure-to-clamp-down-on-myanmar-over-rohingya-rights-idUSKCN1IO3D8
Engel, Chabot Introduce Burma Sanctions Act
June 12, 2019
https://foreignaffairs.house.gov/2019/6/engel-chabot-introduce-burma-sanctions-act
The Burma United through Rigorous Military Accountability Act (H.R. 3190)
ျမန္မာစစ္တပ္အေပၚ ဒဏ္ခတ္မယ့္ ဥပေဒၾကမ္း ကန္ေအာက္လႊတ္ေတာ္ေကာ္မတီ အတည္ျပဳ
https://burmese.voanews.com/a/burma-act-clears-foreign-affairs-committee/4968230.html
ကန္နဲ႔ ၂ ႏိုင္ငံ ဆက္ဆံေရးေကာင္းေအာင္ ျမန္မာဆက္လက္ေဆာင္ရြက္
https://burmese.voanews.com/a/us-myanmar/4969098.html
This guide aims to help journalists understand their rights at protests and avoid arrest when reporting on these events. It summarizes the legal landscape and provides strategies and tools to help journalists avoid incidents with police and navigate them successfully should they arise. Credit RCFP.Org
Credit is due to all original authors and no financial gain was made from the blog, Simply sharing an interesting story for educational purposes,
THE INTERNATIONAL CRIMINAL COURT (ICC) AND MYANMAR-BANGLADESHMYO AUNG Myanmar
The International Criminal Court (ICC) investigates and, where warranted, tries individuals charged with the gravest crimes of concern to the international community: genocide, war crimes, crimes against humanity and the crime of aggression.
The Court is participating in a global fight to end impunity, and through international criminal justice, the Court aims to hold those responsible accountable for their crimes and to help prevent these crimes from happening again.
The Court cannot reach these goals alone. As a court of last resort, it seeks to complement, not replace, national Courts. Governed by an international treaty called the Rome Statute, the ICC is the world’s first permanent international criminal court.
https://www.icc-cpi.int/rohingya-myanmar
Preliminary examination Bangladesh/Myanmar(ONGOING)
https://www.icc-cpi.int/Pages/item.aspx?name=180918-otp-stat-Rohingya
Related Documents
18 September 2018
Statement of ICC Prosecutor, Mrs Fatou Bensouda, on opening a Preliminary Examination concerning the alleged deportation of the Rohingya people from Myanmar to Bangladesh
https://www.youtube.com/watch?v=DBDakDv9s2o&feature=youtu.be
https://www.dropbox.com/s/mszr5ktqh7a8ta0/Statement_of_ICC_Prosecutor_on_opening_a_Preliminary_Examination_concerning_the_Rohingya.mp4?dl=0
https://www.dropbox.com/s/xjfulzz77bl3nf5/Statement_of_ICC_Prosecutor_on_opening_a_Preliminary_Examination_concerning_the_Rohingya.mp3?dl=0
https://www.icc-cpi.int/Pages/record.aspx?docNo=ICC-RoC46(3)-01/18-1
https://www.icc-cpi.int/CourtRecords/CR2018_02057.PDF
https://www.icc-cpi.int/Pages/record.aspx?docNo=ICC-RoC46(3)-01/18-36
Notice of the Public Statement Issued by the Government of Myanmar
ICC-RoC46(3)-01/18-36
17 August 2018 | Office of the Prosecutor | Notice
https://www.icc-cpi.int/Pages/record.aspx?docNo=ICC-RoC46(3)-01/18-28
Decision Inviting the Competent Authorities of the Republic of the Union of Myanmar to Submit Observations pursuant to Rule 103(1) of the Rules of Procedure and Evidence on the “Prosecution’s Request for a Ruling on Jurisdiction under Article 19(3) o
ICC-RoC46(3)-01/18-28
21 June 2018 | Pre-Trial Chamber I | Decision
https://www.icc-cpi.int/Pages/record.aspx?docNo=ICC-RoC46(3)-01/18-31
The International Criminal Court (commonly referred to as the ICC or ICCt)
is the world's first permanent, international judicial body capable of bringing
perpetrators to justice and providing redress to victims when states are unable or
unwilling to do so.1
The International Criminal Justice and the international judicial mechanisms such as the Transitional Justice are far away to promote impunity for crimes against humanity or war crimes. This is inferred from the analysis carried out by Jhon Cubbon, Senior Legal Officer of the International Criminal Tribunal for the former Yugoslavia, on these kinds of Tribunales established for the prosecution and punishment of those responsible or these serious crimes.
The Burma United Through Rigorous Military Accountability Act (h.r. 3190)MYO AUNG Myanmar
The Burma United through Rigorous Military Accountability Act (H.R. 3190)
ENGEL, CHABOT INTRODUCE BURMA SANCTIONS ACT
https://engel.house.gov/latest-news/engel-chabot-introduce-burma-sanctions-act/
The Burma United through Rigorous Military Accountability Act (H.R. 3190)
https://foreignaffairs.house.gov/_cache/files/a/9/a938d8f0-9724-4ad0-9442-6924ff846b35/3FA2746182AB6F063236F870544F6DE5.hr-3091-burma-act---as-introduced.pdf
ENGEL BURMA SANCTIONS BILL CLEARS FOREIGN AFFAIRS COMMITTEE
05/17/18
ENGEL BURMA SANCTIONS BILL CLEARS FOREIGN AFFAIRS COMMITTEE
https://engel.house.gov/latest-news/engel-burma-sanctions-bill-clears-foreign-affairs-committee/
U.S. lawmakers move to add new sanctions on Myanmar
http://mizzima.com/article/us-lawmakers-move-add-new-sanctions-myanmar
Bipartisan lawmakers on the U.S. House Foreign Affairs Committee joined forces Thursday to advance legislation adding new sanctions on Myanmar's leaders for what was described as its violent purge of ethnic minorities, The Hill reported.
The proposal, sponsored by Reps. Eliot Engel (D-N.Y.) and Steve Chabot (R-Ohio), is designed to punish Myanmar's leaders for their long-running campaign against the Rohingya, the report said
Supporters are hoping the new restrictions — including trade, travel and financial sanctions against Myanmar's top leaders — will check the violence and ultimately lead to war crimes charges against those behind the attacks.
House backs measure to clamp down on Myanmar over Rohingya rights
https://www.reuters.com/article/us-usa-myanmar-congress/house-backs-measure-to-clamp-down-on-myanmar-over-rohingya-rights-idUSKCN1IO3D8
Engel, Chabot Introduce Burma Sanctions Act
June 12, 2019
https://foreignaffairs.house.gov/2019/6/engel-chabot-introduce-burma-sanctions-act
The Burma United through Rigorous Military Accountability Act (H.R. 3190)
ျမန္မာစစ္တပ္အေပၚ ဒဏ္ခတ္မယ့္ ဥပေဒၾကမ္း ကန္ေအာက္လႊတ္ေတာ္ေကာ္မတီ အတည္ျပဳ
https://burmese.voanews.com/a/burma-act-clears-foreign-affairs-committee/4968230.html
ကန္နဲ႔ ၂ ႏိုင္ငံ ဆက္ဆံေရးေကာင္းေအာင္ ျမန္မာဆက္လက္ေဆာင္ရြက္
https://burmese.voanews.com/a/us-myanmar/4969098.html
This guide aims to help journalists understand their rights at protests and avoid arrest when reporting on these events. It summarizes the legal landscape and provides strategies and tools to help journalists avoid incidents with police and navigate them successfully should they arise. Credit RCFP.Org
Credit is due to all original authors and no financial gain was made from the blog, Simply sharing an interesting story for educational purposes,
Meeting & workshop test report & remedial work february 2016Mr Bounab Samir
Meeting and workshop " Test report and remedial work"
thet meeting was about :
1- How to test correction
2- How to make and evaluation sheet and gather data?
3- How to learners erors and mistakes?
4- How to make a test report?
6- How to plan a remedial work lesson plan
Thank You
By
Mr Samir Bounab ( Teacher trainer at MONE)
The Rule of Law in Myanmar Challenges and Prospects CapacityMYO AUNG Myanmar
http://www.myjusticemyanmar.org/resources/
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.
http://www.myjusticemyanmar.org/wp-content/uploads/2016/12/IBAHRI20Report.pdf
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.
http://www.myjusticemyanmar.org/wp-content/uploads/2016/12/BCLA-ROL-Survey-Report-Final-in-A4.pdf
CONTACT INFORMATION
The Strand Mansion
No. 24, 1st Floor (left), 39th Street
Kyauktada Township
Yangon, MYANMAR
T: 95 1370933 Ext 3111 and 3112
E: myjustice@mm.britishcouncil.org
W: www.myjusticemyanmar.org
RULE OF LAW IN MYANMAR AND ROLE OF THE MILITARY
http://moemaka.com/archives/63287
ဇင္လင္း ● ႏိုင္ငံတကာေရွ႕ေနမ်ား လူ႔အခြင့္အေရးဆိုင္ရာ အစည္းအ႐ုံး (IBAHRI) ၏ “ျမန္မာႏိုင္ငံ စစ္ဖက္ဆိုင္ရာနယ္ပယ္ႏွင့္ တပ္မေတာ္အခန္းက႑” အေပၚ ေလ့လာေတြ႕ရွိခ်က္
March 17, 2018
https://www.biicl.org/documents/466_symposium_paper_-_andrew_mcleod_constitutional_transitions_and_the_role_of_the_military_nov_2014_english.pdf?showdocument=1
https://www.ibanet.org/Search/Search.aspx?query=myanmar
The Rule of Law in Myanmar: Challenges and Prospects
https://www.ibanet.org/Document/Default.aspx?DocumentUid=DE0EE11D-9878...
Briefing on the Rule of Law in Myanmar - mypilar
https://www.mypilar.org/sites/mypilar.org/files/.../rol_report_emref_09.06.16.pdf
The Rule of Law in Myanmar: Challenges and Prospects
www.burmapartnership.org/2012/.../the-rule-of-law-in-myanmar-challenges-and-pros.
we are here to help you in the duration of your preparation
feel free to contact us for any query regarding your exam
contact us at : 9454721860, 0522-4241011
or log on to our website : www.iasnext.com
SC/ST (PoA) Act Monitoring at the state levelOpenSpace
Monitoring the SCs and STs (Prevention of Atrocities) Act 1989 at the state level.
Part of a comprehensive set of monitoring tools available here: http://openspace.org.in/SCSTPOAMonitoringTools
International standards for the independence of the judiciaryJamaity
The independence of the judiciary gives concrete expression
to two essential elements of democracy, namely the rule of
law and the separation of powers. In a constitutional
democracy, the political process and any state function must
take place within the confines of the law. Judges are tasked to
uphold the rule of law. To ensure that they do so without
improper influence, they must be independent from the
executive and legislative branch of power. Their role for
democracy is particularly important in safeguarding human
rights.
Public International Law by Yury Fontão VieiraYury Fontão
Public International Law by Yury Fontão Vieira
This presentation brings with it a brief notion of Public International Law and its principles; some of its constituent elements and also a brief history of the International Criminal Court (ICC), of the international crimes tried by the ICC and other topics related to the topic presented.
Hope you like it!
Feel free to criticize, suggest and praise, I am available.
It is very important to have the functioning parliament in Burma which is an essential part of flourishing democracy. Burma needs to address land and property rights and government must return all confiscated lands to rightful owners.
Corruption is endemic in Burma and posing one of the most serious challenges to the reform process, democratization, and economic liberalization. Transparency and accountability in matters of public finance must also be promoted and limit the effects of Dutch Disease.
The Police Force must be reformed so as to effectively exercise safeguarding rule of law. Respecting rule of law must be fundamental of all reforms and all oppressive laws must be replaced with democratic laws. Judiciary must be independent to strengthen the rule of law.
About 90% of the Burmese people follow Theravada Buddhism. With the arrival of Buddhism, Burma underwent major changes in various phases of her life especially in language, culture, art, literature, and civilisation. Buddhism has played an important role in unifying the people of Burma that ultimately brought the racial groups into one united whole under one religious banner.
Buddhist monks' rights to vote are ignored in junta’s 2008 constitution but Buddhist monks should have the voting rights in Burma. Burmese culture, a sense of deep history and a largely inward-looking national perspective, can be indirectly contributed for the growth of Burma's economy if not directly.
To sustain national security, particular attention must be given to the Arakan State which shares border with Bangladesh. Burmese see anyone calling for to amend Burmese Citizenship Law as the act of infringing Burma’s sovereignty.
International community should increase more direct engagement with the Burmese government, as well as broader societal groups, to improve the practical framework for human rights protection, poverty alleviation and working to achieve sustainable development but pressure must be kept to end all human rights abuses and permit democracy as well as to offset China’s influence over Burma.
The principled engagement combines pressure for reform with positive support, typically through a mix of advocacy, technical cooperation and financial support, as well as programs aimed at empowering local agents of change. For successful re-engagement, Burma needs to implement comprehensive economic and political reforms that are characterized by human-centred, rights respecting, sustainable, inclusive, and balanced economic growth.
Sanctions inevitably infringe Burmese people right to development due to the spillover effect and reputation risk.
Burma (Myanmar): Since the beginning, it is wrong to have active-duty soldiers occupied quarter of the seats in the parliament directly appointed by military commander-in-chief.
Burma Democratic Concern (BDC)
27 November 2014
Self-identification Clarification
Recently, we have seen some lobbyists are saying self-identification is the human right when they are lobbying for Bengali (so-called Rohingya) when Burmese government is conducting census or when Burmese are refusing to recognize the term using so-called Rohingya.
We would like to highlight that these lobbyists have omitted important fact of information.
Self-identification can be done if group of people are the indigenous to the land but not immigrant or migrant since they have their own ancestral roots of ethnic identity.
Definition of the indigenous means originating or occurring naturally in a particular place; native.
Immigrants or migrant who are not native to Arakan cannot do self-identification since they belong to their ancestral root ethnic background.
For example, in USA any Spanish or Spanish speaking background people are called Hispanics by US government and sometimes US government is referring them with their countries of origin such as Cuban-Hispanic, Mexican-Hispanic or Colombian-Hispanic.
If international community including USA keep on offending Burmese by using the term so-called Rohingya referring to Bengali which Burmese don't agree might push Burmese closer towards China.
[Burma Democratic Concern (BDC)]
18 November 2014
Democratization: to make countries or organizations use democratic ways of making decisions.
Good Governance: There is no single and exhaustive definition of “good governance,” nor is there a delimitation of its scope, that commands universal acceptance. Good governance has been said at various times to encompass: full respect of human rights, the rule of law, effective participation, multi-actor partnerships, political pluralism, transparent and accountable processes and institutions, an efficient and effective public sector, legitimacy, access to knowledge, information and education, political empowerment of people, equity, sustainability, and attitudes and values that foster responsibility, solidarity and tolerance. The key attributes of good governance: transparency, responsibility, accountability, participation and responsiveness (to the needs of the people).
We are going to study BURMA as a case study the effects of Democratization, Bad Governance, Dictatorship, Democratization and Indicators of Good Governance.
• Burma has the population of 60 millions mainly Buddhists. Burma shares border with China, India, Bangladesh, Laos and Thailand.
• Human beings live in the world but they have the different religions, faiths, perceptions, beliefs, traditions, customs and languages. We are part of the family of humans but all humans are not Burmese.
• Neither the U.N. nor any country's government has the right to impose laws or regulations on us. Our entire Constitution describes how to function as one nation.
• For example, private property has boundaries called property lines. The property owner is responsible for everything within those lines. No unauthorized persons have the right to cross over those lines. Likewise, no unauthorized persons have the right to enter our country. We have a responsibility to limit how many people may enter. We have the responsibility to determine whether or not they will be an asset to our nation.
• If I, as a property owner, protect animals on my property, I will prevent a hunter from trespassing and hunting them. It's the same situation with our country's immigration laws. If my personal property is so large that I can't protect it from unwanted people or animals from coming in, then I fence it off.
• Burma is facing illegal immigrants intruding from Bangladesh for decades. These illegal Bengalis from Bangladesh created fake ethnic name called (so-called Rohingya) unlawfully claiming part of Burma as theirs, committing crimes against humanity and massacring on local indigenous Arakanese of Burma because we can’t control the border securely in the past.
• Tackling corruption of immigration officials, proper and effective patrolling of borders and erecting a barrier along with Bangladesh is recommended. The defence of our citizens is the very first obligation of our government. It must be done at any cost. So, I personally support that there should be the borders between nations and I strongly believe in national sovereignty.
1. Proposed Work Plan
For
1. Burma’s 2008 Constitution
2. Elections in 2010 and the Following Period
3. The Issue of Impunity in Burma
Submitted by
Burma Constitutional Conference
Conducted by Forum of Burmese in Europe (U.K)
Held at London South Bank University (Dec 19-20, 2009)
Part I: Burma’s 2008 Constitution
Strategy Objective
Pressure on the United Nations Security Council (UNSC) will be imposed until it declares
Burma’s 2008 Constitution as null and void.
It is reasonable to request the nullification of the 2008 Constitution by the UN Security Council.
Precedence for such a move can be found in UNSC Resolution 554 regarding South Africa’s 1983
apartheid-entrenching constitution.[1]
1. Declares that the so-called "new constitution" is contrary to the principles of the Charter of the United
Nations, that the results of the referendum of 2 November 1983 are of no validity whatsoever and that the
enforcement of the "new constitution" will further aggravate the already explosive situation prevailing inside
apartheid South Africa.
2. Strongly rejects and declares as null and void the so-called "new constitution" and the "elections" to be
organized in the current month of August for the "coloured" people and people of Asian origin as well as all
insidious manoeuvres by the racist minority regime of South Africa further to entrench white minority rule
and apartheid;
(or)
The 2008 Constitution must be revised by cancelling
(a) the impunity provision[2], and
(b) other provisions which solidify the rule of the military dictatorship.
In order to reject the rule of the military dictatorship to be applied in accordance with the
constitution, Burma’s 2008 Constitution must be revised as follows:
2. 1. The limitation clauses (or the exception clauses) in the provisions relevant to three basic freedoms -
freedom of expression, association and assembly - shall be limited.
2. The participation of the military in the various levels of the legislative bodies and the executives
shall be rejected completely.
3. Appointment and dismissal of the Supreme Court judges shall not be made by the executives (the
military); independence of the judiciary shall be instituted; civilian Supreme Court shall be the highest
court of the state; and people shall enjoy the right to seek judicial protection at any time, including a
state of emergency.
4. The permanent military tribunals, separated from the oversight of civilian justice mechanism, must
be terminated.
5. Armed Forces, police, intelligent forces, and other security forces of the state shall be instituted
separately and be placed under the direct command of the democratically elected government.
6. The democratically elected government shall protect people against all internal and external dangers.
Under the command of the democratically elected government, the Armed Forces shall safeguard the
Union against external dangers.
7. All articles in the 2008 constitution shall be scrutinized and those, which contradict the equality
principles, shall be revised.
Part II: Election in 2010 and the Following Period
Strategy Objective
(1) So long as the 2008 Constitution continues to exist, elections in 2010 and
the following period will not be adopted as legitimate elections.
(2) Under any circumstances, awareness on democratic election norms will be
promoted.
Work Plan
The following working plan is to be implemented:
(1) Promoting three basic freedoms - freedom of expression, freedom of association and freedom of
assembly;
(2) Cancellation of draconian laws;
(3) Education on electoral systems;
(4) Asking for national and international election observers and that of relevant organizations;
(5) Raising awareness on democratic election standards;
(6) Implementation of Out-of- Country Voting system for migrant workers, refugee and internally
displaced people, and political prisoners;
(7) Seeking way for transforming the ethnic armed organizations in accordance with the constitution
and asking for their right to participate in the election.
Part III: Impunity Issue of Burma
The most problematic and disturbing barrier to genuine democratization in Burma is the existing
culture of impunity.
Strategy Objective
The campaign to end impunity in Burma, by the name of ‘Ending impunity Burma Campaign’, is
to be implemented world-wide. Pressure on UN Security Council is to be imposed for the
formation of an international commission of inquiry.
National awareness raising program
To end impunity in Burma for the long term, in addition to the abovementioned work plans, the
following programs should also be implemented.
(1) Institutional reform for Armed Forces, Police, Intelligent Forces, Security forces, and Judiciary
shall be implemented;
(2) Reparation, including reasonable compensation, shall be provided to the victims;
3. (3) Memorial services shall be done for the victims;
Work Plan
To deal with the impunity issue of Burma, in line with the strategy objective, the following work plan
is to be implemented:
(1) Seek cooperation of the international human rights organizations such as the International
Federation of Human Rights (FIDH), the Amnesty International (AI), Human Rights Watch, the
International Committee for the Red Cross (ICRC), the International Commission of Jurist (ICJ), etc;
(2) Seek support of the International, regional and national legal institutions such as the International
Bar Association, the Lawasia, the UK Bar Association, etc. in order for them to urge the UN Security
Council to form an International Commission of Inquiry and send it to Burma;
(3) Request the International Labor Organization (ILO) to file a case for Burma in the International
Court of Justice (ICJ);
(4) Raise impunity and other human rights relating to Burma at the ASEAN Intergovernmental
Commission on Human Rights (AICMR);
(5) Support 442 parliamentarians from 29 countries who urged the UN Security Council to form an
International Commission of Inquiry and send it to Burma (Note: other similar calls will also be
included here later);
(6) Lobby the member states of the UN Security Council;
(7) Find information about a citizen or citizens that belong to one of the 110 states that have signed and
ratified the Rome Statute of the International Criminal Court if there is evidence brought forward
against that citizen which show that that citizen has cooperated with and supported the SPDC which
itself has committed international crimes – crimes against humanity, war crimes and violation of
Geneva Convention; and they can be sent to the ICC Prosecutor Office.
(8) Find information about the multinational corporations that belong to one of the 110 states that have
signed and ratified the Rome Statute of the International Criminal Court if there is evidence brought
forward against that citizen which prove that that citizen has cooperated with and supported the SPDC
which itself has committed international crimes – crimes against humanity, war crimes and violation of
Geneva Convention; and implement international campaign against those multinational corporations;
(9) Lobby the EU to pay attention to the issue of impunity in Burma, including the implementation of
the May 22, 2008 EU Parliament Resolution;
(10) Request that the UN Secretary General (UNSG) deals with the issue of impunity in Burma from
the aspect of the international human rights laws and humanitarian laws and to implement the
Responsibility to Protect in the case of Burma;
(11) Request that the UN Special Rapporteur on the Situation of Human Rights in Burma to submit a
report asking for an International Commission of Inquiry to be formed by the UN Security Council;
(12) Request the political leaders inside Burma to be mindful that, in order to prevent repeated crimes
and seek genuine national reconciliation, state institutions should be reformed and the rights of victims
of crimes be respected;
(13) Encourage the Burmese democratic and ethnic organizations existing in various states across the
world to raise the issue of impunity in Burma in their respective states;
(14) Send a clear message to the army personnel in Burma that commission of crimes shall cease,
individual accountability for those who committed crimes will be sought, and all orders provided by the
Senior General Than Shwe and its elite military leaders to commit crimes against international human
rights laws and humanitarian laws must be refused;
(15) Systematically uncover the issues of the under age children who are forcefully conscripted by the
SPDC army for military service; and, exert efforts to take action on the increasing issues of political
prisoners who are systematically tortured, oppressed and killed in the prisons by the government
authorities; and,
4. (16) Implement a world-wide letter campaign with the objective that individual citizens, who love
human rights, send letters to the UN Security Council in order for that the UNSC forms an International
Commission of Inquiry to investigate the international crimes taking place in Burma.
1
[1] UNSC Res 554 (15 November 1983) UN Doc A/RES/38/11.
[2] Article 445 of the SPDC’s 2008 Constitution