Law Society And Transition In Myanmar: The Journey Towards Democracy

Myanmar, formerly known as Burma, has undergone significant changes in recent years. After decades of military rule, the nation embarked on a path towards democracy. One key aspect of this transition has been the reform and development of the law society in Myanmar.

A Historical Perspective

Myanmar's legal system has its roots in colonial times when it was under British rule. The country gained independence in 1948 and established a legal framework based on common law principles. However, military rule in 1962 drastically limited the rule of law and resulted in a judicial system that lacked independence and transparency.

The Challenges Faced

With the military junta holding power for several decades, the legal system in Myanmar suffered greatly. Judicial corruption and political interference were rampant, making it challenging for citizens to rely on the courts for justice. The lack of legal education and training opportunities further compounded these issues.

Law, Society and Transition in Myanmar

by Garrett Ham (1st Edition, Kindle Edition)

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Language	:	English
File size	:	3726 KB
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Throughout this period, human rights abuses were prevalent, and any form of dissent or opposition faced severe consequences. Activists, journalists, and the legal community were silenced, resulting in a climate of fear and repression.

The Role of the Law Society

As Myanmar transitioned towards democracy, the law society played a crucial role in reestablishing the rule of law and promoting human rights. The Law Society of Myanmar, an independent professional body, emerged as a driving force behind legal reform.

Recognizing the need for an independent judiciary, the Law Society actively advocated for the restoration of judicial independence and transparency. Through various initiatives, they aimed to rebuild trust in the legal system and enhance public confidence.

Legal Education and Training

One of the significant challenges in Myanmar's legal community was the lack of access to quality legal education and training. Recognizing this, the Law Society collaborated with international partners to develop training programs and workshops for lawyers and judges.

These programs sought to enhance legal knowledge, ethical standards, and professionalism among legal practitioners. By empowering lawyers and judges, the Law Society aimed to improve the overall capacity of the legal system and ensure fair and just outcomes.

Advocacy for Human Rights

The Law Society of Myanmar has been at the forefront of advocating for human rights and access to justice. By condemning human rights violations, they have brought international attention to the plight of the people in Myanmar.

Through legal clinics, the Law Society provides free legal advice and representation to marginalized communities, victims of human rights abuses, and individuals facing discrimination. This ensures that justice is accessible to all, regardless of their socio-economic status.

Challenges Ahead

While progress has been made, Myanmar's transition towards a fully democratic legal system is far from complete. The military still holds significant power, and there continue to be human rights concerns. The Law Society faces ongoing challenges in promoting the rule of law and safeguarding human rights.

Addressing issues such as judicial corruption, ensuring the independence of the judiciary, and providing equal access to justice remain significant obstacles. The Law Society continues to work with various stakeholders, including the government, civil society organizations, and international partners, to overcome these challenges and foster a fair and inclusive legal system.

The Road Ahead

Myanmar's journey towards a democratic law society is a long and complex one. However, the efforts of the Law Society and other like-minded organizations have paved the way for positive change. They continue to inspire hope and resilience in the face of adversity.

As Myanmar strives to build a society based on the rule of law, it is crucial for the international community to support these efforts. By providing technical assistance, capacity building, and advocating for human rights, we can contribute to Myanmar's long-term transition and the establishment of a just and inclusive legal system.

Law, Society and Transition in Myanmar

by Garrett Ham (1st Edition, Kindle Edition)

5 out of 5

Language	:	English
File size	:	3726 KB
Text-to-Speech	:	Enabled
Screen Reader	:	Supported
Enhanced typesetting	:	Enabled
Word Wise	:	Enabled
Print length	:	444 pages

FREE

This edited volume addresses the dynamics of the legal system of Myanmar/Burma in the context of the dramatic but incomplete transition to democracy that formally began in 2011. It includes contributions from leading scholars in the field on a range of key legal issues now facing Myanmar, such as judicial independence, constitutional law, human rights and institutional reform. It features chapters on the legal history of Myanmar; electoral reform; the role of the judiciary; economic reforms; and the state of company law. It also includes chapters that draw on the experiences of other countries to contextualise Myanmar's transition to democracy in a comparative setting, including Myanmar's participation in regional bodies such as ASEAN. This topical book comes at a critical juncture in Myanmar's legal development and will be an invaluable resource for students and teachers seeking greater understanding of the legal system of Myanmar. It will also be vital reading for a wide range of government, business and civil society organisations seeking to re-engage with Myanmar, as it navigates a difficult transition toward democracy and the rule of law.