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Analysis of the Federal Democracy Charter

The emergence of the Federal Democracy Charter (FCD), produced under the initiative of the Committee Representing Pyidaungsu Hluttaw (CRPH), which was formed mostly by the NLD leaders, elected in the 2020 elections, has been two years now. In struggling against the State Administration Council, also known as the Military Council, and attempting to lay foundations for federalism, the NLD, CRPH, NUCC and NUG generally articulate, refer to, or invoke, the FDC whenever it is necessary. Unfortunately, for all Myanmar and non-Myanmar ethnic nationalities, the road to freedom, justice and peace is still vague. It is time to scrutinize the major factors that hinder unyielding efforts of people, in terms of various ethnic nationalities, who have been sacrificing their countless lives.

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Posted on 1 April 2023

A legal analysis of the citizenship issue surrounding Rohingya in connection with the congress hearing, where lawmakers stressed that they cannot support National Unity Government unless it recognizes the citizenship of the Rohingya minority; and, why the Rohingya should be granted Myanmar citizenship

On Tuesday, Myanmar’s ambassador to the United Nation, U Kyaw Moe Tun, called for increased sanctions against the military council at the Congress hearing. Legal Aid Network (LAN) acknowledged his bold step. Nevertheless, he was unable to provide a comprehensive answer about whether the citizenship rights of Rohingya minority would be granted. 1 To their dismay, some members of the Congress expressed that they will oppose efforts for the United States to support the NUG unless it recognizes the citizenship of Rohingya minority.2 In this regard, we submit a brief analysis paper from the perspectives of International Human Rights Law, International Law, Constitutionalism and domestic laws.

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Posted on 25 April 2021

Legal Analysis of the Case of Naw Mu Naw, a Karen female who was shot and killed by the two Myanmar Army soldiers in Karen State on 16 July 2020

The above case1 must be addressed from the aspect of seeking justice in addition to legal and political perspectives. Legally, regarding this type of case, a court-martial, being operated by the Myanmar Army (MA), does not have any jurisdiction. The MA soldiers committed the said crime against a civilian while they were not on active service. Hence, their criminal action is irrelevant to any of the three exception clauses provided for in Article 72 of the Burma Defence Services/Army Act (1959). 2 In the stated act, there is also no explicit provisions on the offences of murder, culpable homicide, and rape whereas civil offenses set out in Article 71 are quite vague. As such, the MA must transfer this case to a competent civilian court immediately

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Posted on 3 May 2020

Hell Hound at Large in Burma: Objection against the Threat of Myanmar Army to Increase the Momentum of Civil War in Kachin, and Eastern and Northeastern Parts of Shan States, In Additional to Rakhine State, Amidst the Peril of the COVID-19 in the Entire Country

Today, almost all human beings and states have serious concerns about how to survive and fight against COVID-19—making it the most critical issue globally. While this global pandemic will undoubtedly bring an incredibly high death toll exacerbated by insufficient public healthcare systems, other severe negative consequences have also emerged: For instance, inter alia, humanity, human dignity, human expectations, and human rights are being challenged in connection with inefficient, belated, unfair and opaque management of some governments as well as the rising economic recession; and the lives of those in marginalized societies—including internally displaced persons (IDPs), refugees, returning refugees and migrant workers, poor social strata, low-income workers and farmers, and those living hand to mouth for daily survival —are being desperately threatened. Cumulatively, these consequences mean that global peace is now seriously challenged.

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Posted on 6 April 2020

Analysis of President U Win Myint’s Congratulatory Speech on the Fourth Anniversary of the Second Hluttaw

There is one foremost priority when it comes to making laws. The Legislative body is responsible to enact laws in compliance with State Policy. If by the legislative body enact the laws recklessly contrary to the policy of the State, the policy being implemented by the State would be one thing while the law produced by the Hluttaw would be another. If so, it would be merely unproductive. That is why State Policy is of paramount importance in legislation.

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Posted on 28 February 2020

An Analysis of the Military Justice System in Burma and the Potential Implementation of the ICJ’s Decision on Provisional Measures

On 23 January 2020, the International Court of Justice (ICJ) rendered a remarkable decision by which the Court indicated four items of provisional measures1 in favor of Gambia in the proceedings instituted by Gambia against Burma/Myanmar2 for alleged non-compliance of the Genocide Convention.
Should the ICJ‘s decision on provisional measures be sincerely complied with by the ruling regime, an initial stage may likely facilitate establishing the foundation for the Rule of Law to end the vicious circle of impunity that prevails in the entire country, particularly in all ethnic States/Provinces, thereby leading to the achievement of genuine peace.

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Posted on 24 February 2020

Legal Analysis Statement on 70 Years Anniversary of Emergence of the Universal Declaration on Human Rights

On December 10, 2018, it will already have been 70 years since the emergence of the UDHR. In today’s world, human rights, as a crucial component of globalization, have been gaining momentum on one hand. On the other, in a number of fields, as well as countries, human rights have clearly regressed. In Burma, the influence of the extreme Buddhist nationalist movement -- primarily led by the religious organization known as MaBaTha or the Buddha Dhamma Parahita Foundation -- has caused blatant infringement of the right to freedom of thought, conscience and religion; the rule of law is being totally obstructed; and social stability has been under constant threat, to an alarming extent. .

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Posted on 10 Dec 2018.