Myanmar Legal Profile

Myanmar has a unique legal system consisting of a combination of English common law, customary law and post-independence Burmese legislation. Article 198 of the Constitution affirms the Constitution as Myanmar’s supreme national law and states that laws inconsistent with it are effectively void. National legislation enacted by the Assembly of the Union is subsequent to the Constitution, followed by legislation enacted by the Regional and State Assemblies.

In the absence of statutory law, Myanmar’s general law is applied, which is based upon English common law and thus moulded by Burmese case law. The judiciary is hierarchical, with the Supreme Court of the Union at its apex, followed by the regional and state High Courts and district courts. The Constitutional Tribunal of the Union is separate and is responsible for interpreting the Constitution; its rulings are final and conclusive, as well as applied to all cases that relate to the ruling.

Judicial independence is guaranteed by Article 19 of the Constitution. Nevertheless, it is not autonomous. Judges are appointed and approved by the government, which may also decide which cases are brought to court, as it maintains oversight with the Myanmar Police forces which files court cases.

The giving of bribes, payments and gifts to judges in exchange for favourable judicial rulings are common. Similarly, these corrupt practices exist across all political and economic sectors, including natural resources, public procurement and the security apparatus. Anti-corruption legislation exists, but enforcement remains poor and anti-corruption institutions are largely chaired by former-military officers or members of the ruling party. As such, impunity is widespread.

A number of Myanmar’s laws originate from the British Burma Code. Contract law is governed by the Contract Act 1872, although judicial interpretations have also shaped contract law.

There are a number of further major commercial laws which include: the Myanmar Companies Law 2017, which has modernised regulatory frameworks regarding companies and seeks to build an attractive investment climate, as does the Myanmar Investment Law; the Private Industrial Enterprise Act meanwhile regulates entrepreneurship in industrial activities as well as the rights and duties of the entrepreneur.

The since updated 1861 Penal Code is the primary criminal law in Myanmar and define a range of crimes and punishments, including forms of corruption; the Anti-Corruption Law further builds upon the Penal Code and together they cover most forms of bribery in the public sector. Also, the Electronic Transactions Law effectively criminalises political activism online and mandates fines or prison for acts deemed detrimental to state security, national culture and the economy.

Myanmar has a signatory to several international treaties and agreements. These include the Framework Convention on Climate Change, the Geneva Conventions and the Covenant on Economic, Social and Cultural rights.

Myanmar is also a member of a number of international organisations including the Association of Southeast Asian Nations, World Trade Organisation and World Health Organisation. Myanmar has repeatedly faced criticism for systematic human rights violations, most recently over the Rohingya crisis which has also seen accusations of genocide levelled against the country.

References

https://www.constituteproject.org/constitution/Myanmar_2008.pdf?lang=en.

http://www.nyulawglobal.org/globalex/Myanmar1.html#2s8eyo1; https://www.state.gov/e/eb/rls/othr/ics/investmentclimatestatements/index.htm?year=2017&dlid=269803#wrapper.

https://www.constituteproject.org/constitution/Myanmar_2008.pdf?lang=en.

https://www.business-anti-corruption.com/country-profiles/myanmar.

https://www.bti-project.org/fileadmin/files/BTI/Downloads/Reports/2016/pdf/BTI_2016_Myanmar.pdf.

https://www.law.ox.ac.uk/sites/files/oxlaw/briggsburrowsbook_-_thelawofcontractinmyanmar.pdf.

https://www.dica.gov.mm/sites/dica.gov.mm/files/document-files/mcl_english_version_june_2017_abc_comments_clean.pdf; http://www.myanmartradeportal.gov.mm/kcfinder/upload/files/Myanmar%20Investment%20Law_English.pdf; http://www.burmalibrary.org/docs15/1990-SLORC_Law1990-22-Private_Industrial_Enterprise_Law-en.pdf.

http://www.ilo.org/dyn/natlex/natlex4.detail?p_lang=en&p_isn=61342&p_country=MMR&p_count=110&p_classification=01.04&p_classcount=9.

http://www.imf.org/external/datamapper/PCPIPCH@WEO/MMR.

https://atlas.media.mit.edu/en/profile/country/mmr/.

http://www.doingbusiness.org/Rankings.

https://www.export.gov/article?id=Burma-market-challenges.

https://www.gov.uk/government/publications/exporting-to-burma/doing-business-in-burma-burma-trade-and-export-guide#growth-potential.

https://www.export.gov/article?id=Burma-energy-oil-and-gas.

https://www.export.gov/article?id=Burma-mining-and-minerals.

https://www.export.gov/article?id=Burma-construction-and-design.

https://www.cia.gov/library/publications/the-world-factbook/geos/bm.html.

https://globaledge.msu.edu/countries/burma/risk.

https://www.transparency.org/news/feature/corruption_perceptions_index_2017.

http://www.imf.org/external/datamapper/NGDPD@WEO/MMR; http://www.imf.org/external/datamapper/NGDP_RPCH@WEO/MMR.

https://www.cia.gov/library/publications/the-world-factbook/geos/bm.html.