• Who interprets the law? The case of the Privacy Law and the Attorney General

    Posted in Legislative Research on Dec 05, 2019

    Although Prosecution and Prosecutor Directive No. 1/2019 issued by the Union Attorney General’s Office may be welcomed, whether the issuance of such a Directive is in line with correct procedure, under the concept of separation of powers, is open to question. In this article we examine this question.

  • Backgrounder: Marine Fisheries Bill

    Posted in Legislative Research on Nov 28, 2019

    This Bill is intended to replace the Fishing Rights of Foreign Fishing Vessels Law (1989) and Myanmar Marine Fisheries Law (1990), and to support sustainable development of the fishery sector, conserve marine ecosystems for fish and support research and technology relating to fisheries.

  • Parliamentary Ethics Series – 3 of 3 : Enforcing Parliamentary Ethics

    Posted in Legislative Research on Nov 18, 2019

    Potential breaches of the rules may be referred to the Speaker in the first instance, or directly to the regulatory body, whether external or an internal parliamentary committee. Investigations may follow and sanctions may vary form a period of suspension from parliament, to permanent exclusion, fines or even criminal proceedings.

  • Parliamentary Ethics Series – 2 of 3: From principles to practice

    Posted in Legislative Research on Nov 15, 2019

    Often, conflicts of interest are recorded in a register which is periodically updated. MPs are often also required to declare any interests at the start of a meeting. Sometimes rules may dictate that a conflict requires an MP to remove themselves from a particular meeting or vote.

  • Parliamentary Ethics Series – 1 of 3: Defining Ethical Principles

    Posted in Legislative Research on Nov 13, 2019

    Hluttaw Rights Committee set out their definitions of six principles of parliamentary ethics. However, in many ways the definitions were somewhat confusing or carried an emphasis that diverges from what we find as accepted ethical principles in other parliaments. Set out below, we take a look at the definitions offered by the committee, and below each have offered alternatives based on the UK’s ‘7 Principles of Public Life'.

  • A Step Forward for Democracy with the Electoral By-law Amendment

    Posted in Legislative Research on Nov 07, 2019

    Whilst neither the 2008 Constitution nor the Electoral Law stipulate the establishment of separate polling stations for military personnel and their families, previous elections have seen polling stations established in army compounds. An amendment is proposed to change this, requiring military personnel and their families to vote at the regular polling stations determined by the township election commission. This amendment creates a fair and equal platform for all citizens, military or civilian, to cast their vote without undue influence.

  • Bill Summary: Marine Fisheries Bill

    Posted in Legislative Research on Nov 05, 2019

    The Bill includes the processes for identifying fishing grounds, applying for fishery licences and issuance of fishery worker certificates, and includes various penalties for contravention.

  • Bill Analysis: Myanmar Telecommunication Commission Bill

    Posted in Legislative Research on Nov 04, 2019

    Does creating a Commission with a ‘Union Minister level’ Chair effectively create a new Ministry, and therefore contradict the NLD manifesto commitment to “reduce the number of government ministries in order to decrease government expenditure and establish a lean and efficient government.”?

  • Backgrounder: The Microfinance Business Bill

    Posted in Legislative Research on Oct 31, 2019

    During the 12th regular session of Second Hluttaw, the Pyithu Hluttaw Banking and Financial Development Committee submitted a report about microfinance. It was a post-legislative scrutiny study, and in the report (dated 21/05/2019), the committee suggested a new updated law be drafted. The report included observations, findings and analysis, that emphasise the need for a new law.

  • Bill Summary: The Microfinance Business Bill

    Posted in Budget Transparency, Legislative Research on Oct 29, 2019

    The organisations which wish to run microfinance business must be those established with Myanmar Companies Law and Partnership Law. Issuing or suspending or revoking licence for the microfinance organisation has to be announced in the Myanmar Gazette.