International law provides a model to improve often outdated domestic laws.

Burma is party to many treaties, including the Convention on the Elimination of All Forms of Discrimination against Women, the Convention on the Rights of the Child, the Genocide Convention and the Geneva Conventions. International law requires states to comply with their treaty obligations in “good faith” regardless of whether domestic laws conflict with the treaty. These obligations often include requirements that states modify their domestic laws to ensure compliance with international human rights and humanitarian standards and obligations. For example, the Genocide and Geneva Conventions, ratified by Burma, both require as a part of their fundamental mandates that states pass domestic laws to comply with their treaty obligations. Burma currently has no domestic laws implementing any of its human rights treaty obligations, with the possible exception of its laws against human trafficking.

This document examines Burma’s domestic criminal laws addressing abortion and rape and compares them with the international law standards binding on Burma. These case studies are examples of how international law can be used to reform of Burma’s domestic law to comport with international human rights and humanitarian standards.

Download PDF

GJC President, Janet Benshoof's PowerPoint for Training Women Lawyers in Burma, "Enforcing International Law for Radical Change."

Download PDF

Download PDF

The 2008 Constitution Establishes a Civilian Government Without Full Sovereign Powers

Under the 1947 Constitution, in place when Burma applied for United Nation (UN) membership in 1948, Burma was a sovereign state. The Union of the Republic of Myanmar, as established under the 2008 Constitution (the “Constitution”), is not a sovereign state as defined by international law. A “sovereign” state must have supreme power to make laws that are applicable to all institutions and citizens of the state “without accountability” to any other body. To be considered a sovereign state, the civilian government must have “paramount control of the constitution and frame of government and its administration” as well as be the person or body of persons which has no political superior.

The Constitution is unlike any in the world in that it grants the Defense Forces complete autonomy and supremacy over the civilian government.No branch of the “sovereign” state (consisting of the legislative, executive and judicial branches) may exercise oversight over the military. The Constitution reserves 25% of Parliamentary seats for the military and Constitutional amendments require more than 75% majority for passage. This essentially reserves a veto over Constitutional amendments for the military. The civilian government under these limitations does not have full sovereign powers as defined by international law.

Download PDF