Law and conflict in Myanmar

Description: 

"...in Myanmar, while law has at times been used to manage and avoid conflict, it can also exacerbate it. This is evident when looking at three areas of legal reform between 2010 and 2015: structural, economic and social reforms. Structural reforms established the country?s new constitutional and legal system. Many of these laws were intended to avoid conflict between institutions, primarily by giving the President and the executive significant control, including over the courts. And while many offices and institutions may sound new, they are rather old institutions or positions that have been rebranded, such as references to the former chairman of the State Peace and Development Council (SPDC) being replaced with the President. Further, the new laws passed since 2010 continue to subordinate the courts to executive and parliamentary control. In fact, the courts are the branch of the government that has been least affected by the transition process. Meanwhile, Myanmar?s economic reforms have been geared towards greater foreign investment and the market economy, including the banking sector, the establishment of special economic zones, and potential reform of the Company Law. These economic reforms generally prevent individuals from challenging government decisions in court, and have also generated conflict between local stakeholders and foreign investors. One of the first and most significant laws passed in terms of economic reforms was the Foreign Investment Law. This raised tension between local and foreign interests include rights to land use, tax concessions, and standards in terms of labour requirements for skilled positions..."

Creator/author: 

Melissa Crouch

Source/publisher: 

"New Mandala"

Date of Publication: 

2015-08-11

Date of entry: 

2015-08-27

Grouping: 

  • Individual Documents

Category: 

Language: 

English

Format: 

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