Access to Justice in Myanmar: Land, Labor and Anti-Corruption Legislations · 2018-01-10 · The...

Access to Justice Initiative

Access to Justice in Myanmar: Land,

Labor and Anti-Corruption Legislations

Table of Contents

Introduction

Research Methodology

Key Findings: Land Law

Key Findings: Labor Organization Law

Key Findings: Anti-Corruption Law

Recommendations

Introduction

Access to justice means that citizens are able to use justice institutions to obtain solutions to

their common justice problems. For access to justice to exist, justice institutions must function

effectively to provide fair solutions to citizens’ justice problems. Every justice system should

provide citizens with access to justice. Access to justice means that citizens are able to use

justice institutions to obtain solutions to their common justice problems. Unless citizens can

do this, the rights enshrined in laws and constitutions are meaningless. For access to justice

to exist, justice institutions must function effectively to provide fair solutions to citizens’

justice problems.

An access to justice assessment analyzes whether citizens are able to use justice institutions

to solve their common justice problems, what factors affect whether they can do so, and what

reforms and programs could make justice institutions more responsive to citizens’ needs. An

access to justice assessment analyzes whether citizens are able to use justice institutions to

solve their common justice problems, what factors affect whether they can do so, and what

reforms and programs could make justice institutions more responsive to citizens’ needs.

There are a number of research techniques that can be used to assess access to justice.

One approach is to use surveys or focus groups to ask citizens how well justice institutions

serve their needs. Another method is to interview country experts to get their perspectives

on the strengths and weaknesses of a justice system. This research will analyze access to

justice in Myanmar by using Key Informant Interviews (KII) and Focus Group Discussion (FGD).

Research Methodology

Selected Laws

The research project will focus on three selected laws, mainly, Anti-Corruption Law (2013),

the Labor Organization Law (2011), and the Farmland Law (2012) and VFV Law (2012), as

selected by Access to Justice (Research Cluster).

Methodology

The methodology focuses on two components such as initial legal component and impact

study component. Initial legal review component is to establish the legal framework created

by the selected laws that provide for access to justice/remedies. This will be followed by an

impact analysis component to evaluate actual availability and use of access to

justice/remedies under the selected laws. Impact analysis component will include key

informant interviews, focus groups, and desk research.

1) Content review of selected three laws – Anti-Corruption Law (2013), the Labor Organization

Law (2011), and the Farmland Law (2012) and VFV Law (2012) – to outline access to

justice/remedies provisions made available in each law.

2) At least 150 Key Informant Interviews (KII) with a wide range of diverse people such as local

leaders, social workers, lawyer, judicial staff, political party members, CSOs leaders and

specific stakeholders of selected laws.

3) At least 15 Focus Group Discussions (FGD) with key stakeholders of selected laws from

various geographic areas.

Geographic Coverage

1. Anti-Corruption Law Myitkyina (Kachin State), Mawlamyaing (Mon State), Lashio (Shan State), Dawei (Tannintharyi Division), Pa-O Self- Administrative Areas

2. Land Law Thandaung Gyi (Karen State) Pyay (Bago Division)

Demoso (Kayah State) Myitthar (Mandalay Division) Angapu (Irrawaddy Division)

3. Labour Organization Law Pyigyitagon (Mandalay Division), Bagan (Mandalay Division), Shwepyithar (Yangon Division), Hlaingtharyar (Yangon Division) Dagon Seikhan (Yangon Division)

Data Collection and Database Management

For data collection, 15 enumerators are selected from Basic Research Skills training in

November, 2015 and given research orientation in January, 2016 to be deployed in 15

townships. Collected data will have input to the database management system for further

analysis.

Reporting

Interim Report, Draft Report and Final Report will be delivered.

Timeline

Nov, 2015 to Mar, 2016

Key Research Questions for selected laws

Legal Framework

• What state laws, if any, exist that create clear legal rights for citizens within the formal justice

system?

• What customary laws and practices, if any, exist that create clear legal rights for citizens within the

informal justice system?

• Are they simple and easy to understand?

• Are they consistently enforced and applied?

• What mechanisms does the law provide to citizens to allow them to enforce their rights?

• Are informal justice institutions given the power, by law, to solve justice problems or provide a

remedy?

Legal Knowledge

• How would you rate citizens’ level of familiarity (i.e., good, average, not good, do not know) with:

— how to access legal information?

— functions of the formal justice system?

— functions of the informal justice system?

— functions of lawyers?

— functions of paralegals?

— functions of the court?

— functions of the prosecutor?

• What are the amount and quality of legal information available to citizens?

• What is the extent to which legal information is produced in local languages?

• What activities do state and non-state actors undertake to enhance legal knowledge among

citizens?

• How would you rate the level of information dissemination by the state (i.e., good, average, not

good, do not know)?

• What media are used to communicate legal awareness messages?

• What are the main obstacles to raising legal awareness of citizens?

Legal Advice and Representation

• What is the availability of lawyers off ering legal advice and representation to citizens?

• What is the availability of lawyers’ services that are free of charge?

• What is the availability of services by paralegals and non-lawyers?

• How would you assess the quality of the above (i.e., quality service, low quality because it is free of

charge/from a non-lawyer, unsatisfactory, cannon make assessment)?

• What roles do paralegals play in resolving justice problems?

Access to a Justice Institution

• In your opinion, what justice institutions do citizens use in resolving disputes, and why?

• What is the approximate time citizens take to travel to and return from the justice institution?

• What are the costs of accessing the justice institution?

• How quickly are justice problems resolved?

• What obstacles prevent citizens from bringing justice institutions before the justice institution?

• What activities are state or non-state actors undertaking to make access to the justice institution

easier?

Fair Procedures

• What is the extent to which citizens can present arguments and call witnesses before the justice

institution?

• What are the procedures for presenting arguments and calling witnesses?

• What is the extent to which laws give citizens a right to a reasoned decision that can be reviewed

by

a higher tribunal?

• How much must a party pay to lodge an appeal?

• What is the average time taken for an appeal to be heard?

• What activities are state or non-state actors undertaking to address problems in the procedure

used by the justice institution to resolve justice problems?

Enforceable Solutions

• What procedures, if any, exist, established by law, to provide for decisions to be enforced?

• What is the amount of costs a party must pay to enforce a decision?

• To what extent does corruption affect whether decisions are enforced?

• What obstacles prevent a decision from being enforced?

• What activities are state or non-state actors undertaking to make decisions easier to enforce?

Key Findings: Land Law

Background Information of Key Informants

Survey on the awareness of the Farmland law and Vacant, Fallow and Virgin land management Law

was conducted in two states and three regions making up 20% from Demauso and Loikaw township

in Kayah state, 20% from Pyay township in Bago region, 22% from Ingapu in Ayeyawaddy region,

18% from Myitthar township in Mandalay region and 20% from Thantaunggyi in Kayin state

respectively. A total of 50 respondents were interviewed by trained enumerators.

Majoirty 74% of respondents are male and 26% are female respondents. By looking at age, the

highest 32% of respondents are age between 41 and 50, the second highest groups are age 31-40

and 51-60 making up each 20%. As 15% of respondents are age under 30 and another 14% are aged

61 and above.

Townships

Townships Frequency Percentage

Demauso 9 18

Loikaw 1 2

Pyay 10 20

Ingapu 11 22

Myitthar 9 18

Thantaunggyi 10 20

Total 50 100

Age of Respondent

Age Frequency Percentage

18-24 2 4%

25-30 5 10%

31-40 10 20%

41-50 16 32%

51-60 10 20%

61 and above 7 14%

Total 50 100%

States/Regions

Response Frequency Percentage

Kayah State 10 20%

Bago Region 10 20%

Ayeyawaddy Region

11 22%

Mandalay Region

9 18%

Kayin State 10 20%

Total 50 100%

Gender of Key Informants

Gender Frequency Percentage

Female 13 26

Male 37 74

Total 50 100

By respondents’ occupations, the biggest group 26% are farmers and members of farmers union, the

second is village/ward administrators making up 18% and the third group is leaders of CSOs

accounting for 12%. Besides, relegious leaders and political party members also took part in the

survey contributing each 10%. There are also 8% respondents from community based social

organizations and 6% of respondents are lawyers. As another 4% of justice staff responded the

survey, 4% are also from business persons and their representatives. However, only 2% accounts for

labors/labour unions. By ethnic backgound, majoirty 50% are Bamar, 24% are Kayin and 16% are

Kayah. In addition, Mon, Chinese, India, Pa-Oh and repondents who stated themselves as Islam

made up of 2% respectively.

Female, 26%

Male, 74%

Gender of Respondents (n=50)

Occupations Frequency Percentage

Village/Ward Administrators 9 18

Religious Leaders 5 10

Community Based Social Organization 4 8

Lawyers 3 6

Justice Staff 2 4

Political Party Members/ Members of Parliament 5 10

CSO leaders 6 12

Labors/Labor Union 1 2

Farmers/Farmer Union 13 26

Business Persons and representative 2 4

Total 50 100

Ethnicity of Key Informants

Ethnicity Frequency Percentage

Kayar 8 16

Kayah 12 24

Mon 1 2

Bamar 25 50

Chinese 1 2

Islam 1 2

India 1 2

Pa-Oh 1 2

Total 50 100

Looking at instituional backgrounds of respondents, the biggest group of 30% are not associated in

any organizations. The second largest group are CSOs/CBOs adding up 28%, political party 18% and

government 14%. The rest 10% are from religious institutions namely Christian 6%, Buddhist 2% and

Islam 2%. By positions at work, most of respondents can be assumed as leaders or senior staff in

their organizations. As 18% of chairman/president, 2% general secretary, 12% of In-charges took

part in the survey, 26% are also business owners self-employing. Besides, there are scholar 1%,

founder 2%, members of parliament 4% and pastor/religious staff 6% responded the survey. On the

other hand, 18% of members of organizations, 4% staff and 4% labours also answered the

questionnaire.

Kayar16%

Kayah24%

Mon2%

Bamar50%

Chinese2%

Islam2%

India2%

Pa-Oh2%

Ethnicity of Respondents (n=50)

Key Informants by affiliated Organizations

Organizations Frequen

cy Percentag

e

Christian 3 6

Buddhist 1 2

Islam 1 2

Government 7 14

Political Party 9 18

CSO/CBO 14 28

No Organization 15 30

Total 50 100

Positions Frequenc

y Percentag

e

Chairman/President 9 18

General Secretary 1 2

Members 9 18

Labors 2 4

Scholar 1 2

Volunteer 1 2

In Charge 6 12

Founder 1 2

Members of Parliament 2 4

Pastors and Religious Staff 3 6

Staff 2 4

Self-Employed/ Business Owner 13 26

Total 50 100

General Questions

1. Legal Framework

According to the survey result, majoirty 58% said that there are laws clearly protecting the rights of

citizen while only 4% said there is no. The rest 38% did not know the existance of laws protecting

citizen’s right. Nevertheless, only 34% of respondents could mention names of laws. Among them,

10% stated as 2008 constitutions, another 10% mentioned as constitution and other laws and

another 2% mentioned 1982 citizenship law. Beside, 12% selected “other” category to describe the

existance of other laws protecting citizen rights.

However, oly 36% of respondents said that there are customary laws/practices clearly protecting

citizens’ rights while 14% said that there is no. The rest majority 50% did not know whether such

customary laws/practices are existing or not. Besides, only 8% could mention as Myama customary

law, 2% religious law and another 2% indiginous customary law.

1.1. Are there any laws that clearly

protect rights of citizen?


Yes 29 58

No 2 4

Don’t Know 19 38

Total 50 100

1.2.Are there any customary laws

and practices that clearly protect

citizens’ rights?


Yes 18 36

No 7 14

Don’t Know 25 50

Total 50 100

1.1.1. If exists, which laws do you

know?


2008 Constitution 5 10

Constitution and other laws

5 10

1982 Citizenship Law 1 2

Other laws 6 12

Don’t Know 33 66

Total 50 100

1.2.1.If yes, which customary laws

and practices do you know?


Myanmar Customary Law 4 8

Religious Law 1 2

Indigenous Customary Law 1 2

Don’t Know 40 80

Other 4 8

Total 50 100

Regarding the comfortableness in reading laws, majoirty 58% said that it is not easy to read laws

while only 14% responded as it is easy. Another 20% said that they do not even know if it is easy or

not and 8% did not respond the question. Giving the reasons of uncomfortableness in reading laws,

20% of respondents said that using the complicated words or terms as vital and 18% pointed out

lack of clarity and simplicity. 10% selected “other” category and the majoirty 52% did not answer.

1.3.Is it easy to read laws?


Easy 7 14

Not easy 29 58

Don’t know 10 20

No Response 4 8

Total 50 100

1.3.1. If not easy, why?


Usage of complicated words or terms 10 20

No clarity and simplicity 9 18

Other 5 10

No Response 26 52

Total 50 100

Furthermore, most of respondents 48% said that currents laws are not atively being applied while

only 18% said it is being applied. Another 16% responded that laws are being misused. Insterestingly,

majority 52% of respondents siad there is informal justice institution to resolve the justice problem

while 38% said that there is no such informal instituion to settle the justice problem. Only 8% said

they do not know whether informal justice institution are existing or not.

1.4.Do you think laws are active and

being applied?


Apply 9 18

Not apply 24 48

laws abused 8 16

Other 9 18

Total 50 100

1.5.Is there any informal justice institution to solve the justice problem?


Yes 26 52

No 19 38

Don’t know 4 8

No Response 1 2

Total 50 100

2. Legal Knowledge

Regarding sources of legal information, print media is the most used sources to access legal

information as described by 44% of respondents. The second most used source is television stated

by 24% and the third source is acquaintaces/workplaces by 16%. One good point is that 14% of

respondents had trainings to access legal information. Only 12% said they received legal information

through internet and few 6% also mentioned radio as one source of legal information. However,

there still are 16% of respondents who do not know what sources to describe.

2.1. How do you know or access legal information?

Legal Information Access through Internet

Answer Frequency Percentage

No 44 88

Yes 6 12

Total 50 100

Through Use of Printed Media


No 28 56

Yes 22 44

Total 50 100

Through Radio


No 47 94

Yes 3 6

Total 50 100

Access through Television


No 38 76

Yes 12 24

Total 50 100

Access through Awareness Raising


No 43 86

Yes 7 14

Total 50 100

Access through Acquaintances/Environment


No 42 84

Yes 8 16

Total 50 100

Those who answered “Don’t Know”

Answer Freque

ncy Percen

tage

Know 42 84

Don’t Know 8 16

Total 50 100

Those who respond the question


Repondents 49 98

No Response 1 2

Total 50 100

Sources of Legal Information

Answer Frequenc

y Percentag

e

Internet 6 12%

Print Media 22 44%

Radio 3 6%

Television 12 24%

Trainings 7 14%

Acquaintances/Workplace

8 16%

Don’t Know 8 16%

No Response 1 2%

Regarding awareness on functions of justice actors, functions of lawyers is the most aware of by 18%

and next is the court by 14% of respondents. Lower 10% know the functions of paralegals and 12%

know slightly about functions of paralegals while only 8% said they know functions of formal justice

system. In contrast, 78% said they don’t know functions of the court and each 74% do not know the

functions of lawyers and paralegals.

2%

6%

12%

14%

16%

16%

24%

0% 10% 20% 30%

No Response

Radio

Internet

Trainings

Acquaintances/…

Don’t Know

Television

Sources of legal information (n=50)

8%

18%

10%14%

68%

74% 74%78%

20%

4% 4% 4%4%2%

12%

4%

0%

10%

20%

30%

40%

50%

60%

70%

80%

90%

Formal Justice Systme Lawyers Paralegals The court

Awareness on Justice Actors (n=50)

Know Don't Know No Response Know Slightly

2.2.Do you know functions of formal justice system?


I Know 4 8

Don’t Know 34 68

No Response 10 20

Know Slightly 2 4

Total 50 100

2.3.Do you know functions of lawyers?


I Know 9 18

Don’t Know 37 74

No Response 2 4

Know Slightly 2 4

Total 50 100

2.4.Do you know functions of paralegals?


I Know 5 10

Don’t Know 37 74

No Response 2 4

Know Slightly 6 12

Total 50 100

2.5.Do you know functions of the court?


I Know 7 14

Don’t Know 39 78

No Response 2 4

Know Slightly 2 4

Total 50 100

Regarding the conducts of legal educations, 36% of respondents said that there are state and non-

state actors undertaking to enhance legal knowledge while majority 42% said no undertakings to

enhance legal knowledge. Likewise, majority 68% of respondents said that there is no legal

educations provided in local languages while only few 12% said that there is legal education in local

languages. Each 12% do not know neither the legal education program by state and non-state actors

nor legal education in local languages.

2.6.Are there legal educations provided in local languages?


Yes 6 12

No 34 68

Slightly 1 2

Don’t know 6 12

No Response 3 6

Total 50 100

2.7.Are there state and non-state actors undertaking to enhance legal

knowledge?


Yes 18 36

No 21 42

Don’t Know 6 12

No Response 5 10

Total 50 100

Looking at opinions on the information dissemination by the state, majority 42% said it is not good

and the second majority 34% said that they don’t know how to appraise. Nevertheless, there are

14% of respondents who think it is good and 14% who think that the level of information

dissemination by the state is average. Only 4% did not respond this question.

2.8.How would you rate the level of legal information dissemination by the state?


Good 3 6

Average 7 14

Not Good 21 42

Don’t Know 17 34

No Response 2 4

Total 50 100

Regarding media used to disseminate legal information, 30% said they don’t know which media is

used by the state to disseminate legal information. Unlike in sources of legal information question,

television is said the most used to disseminate legal information as stated by 26% of respondents. It

is followed by print media with selections of 24% respondents. Awareness raising, radio and internet

followed the print media with each 8% respondents.

Good6%

Average14%

Not Good42%

Don’t Know34%

No Response

4%

Level of Legal information dissemination by the state

(n=50)

8%

8%

8%

24%

26%

30%

0% 5% 10% 15% 20% 25% 30% 35%

Internet

Radio

Awareness raising

Print Media

Television

Don’t Know

Media used to disseminate legal information (n=50)

According to the survey result, respondents mentioned various obstacles faced in raising legal

awareness of citizens. Among obstacles mentioned, lack of awareness raising/uneffective education

is the most stated obstacle and by 28% of respondents. It is followed by departmental blocking/ not

functioning 26%. Besides, another 12% of respondents stated unaccessibility of legal books as one

obstacle and 4% mentioned “fear” as one obastacle. However, there are only 4% who pointed out

“language barrier” and another 4% who stated “bribery” as obstacles.

2%

4%

4%

8%

12%

16%

26%

28%

0% 5% 10% 15% 20% 25% 30%

Bribery

Language Barrier

Fear

Other

Unassessibility of Legal Books

No Response

Departmental Blocking/ Not Functioning

No Awareness Raising/ Uneffective Education

2.11. What are the main obstacles to raising legal awareness of citizens? How to overcome obstacles? (n=50)

2.9.What media are used to disseminate legal information?

Internet Frequency Percentage

No 46 92

Yes 4 8

Total 50 100

Radio Frequency Percentage

No 46 92

Yes 4 8

Total 50 100

Television Frequency Percentage

No 37 74

Yes 13 26

Total 50 100

Don’t Know Frequency Percentage

No Response 35 70

Don’t Know 15 30

Total 50 100

Print Media Frequency Percentage

No 38 76

Yes 12 24

Total 50 100

Awareness Raising

Frequency Percentage

No 46 92

Yes 4 8

Total 50 100

Mobile Phone


No 49 98

Yes 1 2

Total 50 100

2.11. What are the main obstacles to raising legal awareness of citizens? How to overcome obstacles?


Departmental Blocking/ Not Functioning 13 26

Bribery 1 2

No Awareness Raising/ Uneffective Education 14 28

Unassessibility of Legal Books 6 12

Language Barrier 2 4

Fear 2 4

Other 4 8

No Response 8 16

Total 50 100

Although there are many obstacles mentioned, 54% of respondents advised ways to overcome those

obstacles. Among them, to conduct awarness raising is recommanded by majoirty 36% of

respondents and it is the highest. Besides, 8% mentioned again the importance of awarenss raising

in village/ward level. 4% pointed out to enhance media coverage and another 4% mentioned to

combat bribery. Insterestingly, there is, though very few, 2% of respondents who pointed out

“library” as one solution to overcome current obstacles.

How to overcome obstacles?

No Response Frequency Percentage

Library 1 2

Awareness Raising 18 36

Awareness Raising from Ward/Village Level

4 8

Combatting Bribery 2 4

Media Coverage 2 4

No Response 23 46

Total 50 100

2%

4%

4%

8%

36%

46%

0% 5% 10% 15% 20% 25% 30% 35% 40% 45% 50%

Library

Combatting Bribery

Media Coverage

Awareness Raising from Ward/Village Level

Awareness Raising

No Response

How to overcome obstacles? (n=50)

3. Legal Advice and Representation

According to the survey result, it is found out that the availability of legal advice and representation

is weak. 52% of respondents said that free lawyers service is not available and each 48% said neither

organization offering legal advice nor service by paralegals and non-lawyers are available.

Alternatively looking at the result, 42% of respondents said organization offering legal advice is

available and 40% also said that lawyers service offering legal advice and representation is available.

Likewise, there are 38% who think that free lawyers’ service is available and 36% who also think that

service by paralegals and non-lawyers is available. And there are not more than 10% who selected “I

dont know” and not more than 8% who did not respond these questions.

3.1.What is the vailability of organizations offering legal advice?


Available 21 42

Not Available 24 48

Don’t Know 3 6

No Response 2 4

Total 50 100

3.3.What is the availability of lawyers’ services that are free of charge?


Available 19 38

Not Available 26 52

Don’t Know 3 6

No Response 2 4

Total 50 100

3.2.What is the availability of lawyers offering legal advice and representation

to citizens?


Available 20 40

Not Available 23 46

Don’t Know 5 10

No Response 2 4

Total 50 100

3.4.What is the availability of services by paralegals and non-lawyers?


Available 18 36

Not Available 24 48

Don’t Know 4 8

No Response 4 8

Total 50 100

42%40%

38%36%

48%46%

52%48%

6%10%

6%8%

4% 4% 4%8%

0%

10%

20%

30%

40%

50%

60%

Orgnizatation Offeringlegal advice

Lawyers offering legaladvice and representation

Lawyers service that arefree of charge

Service by paralegals andnon-lawyers

Availability of Legal Advice and Representation (n=50)

Available Not available Don't Know No Response

Regarding the roles of paralegals play in resolving justice problems, majority of respondents 72% did

not know what roles paralegals are playing in resolving justice problems. Nontheless, there are 10%

of respondents who think “ensuring justice” as a role of paralegal, 4% who think “providing legal

advice” as a role and 2% who think “providing awareness raising” as a role of paralegals. There are

also 12% who did not respond this question.

3.5.What roles do paralegals play in resolving justice problems?

Roles of Paralegals Frequency Percentage

Providing Legal Advice 2 4

Ensuring Justice 5 10

Don’t Know 36 72

No Response 6 12

Providing Awareness Raising 1 2

Total 50 100

4. Access to Justice Institution

Regarding questions under access to justice institution, majority 88% of respondents said they have

heard about the cost of accessing justice institution while only 12% said that they have never heard.

Among them 88%, 44% said that they themselves have experienced. With regards to time taken,

majority 68% said that it does not take long time to resolve justice problems while 10% thinks that it

takes a long time. There are also 4% who think that justice problems are quickly resolved and 12%

did not respond the question.

4.1.Have you ever heard about the costs of accessing the justice institution? Have you

ever experienced?


Never Heard 6 12

I Heard 44 88

Total 50 100

4.2.How quickly are justice problems resolved?


Take a long time 5 10

Does not take time 34 68

Normal 2 4

Quick 2 4

Don’t Know 6 12

No Response 1 2

Total 50 100

Having Experience of Cost accessing The Justice Institution


No 28 56

Yes 22 44

Total 50 100

In addition, there are various obstacles that prevent citizens from bringing justice before the justice

institution. Among those obstacles, most of respondents 26% pointed out money as obstacle.

Likewise, each 12% respondents mentioned lack of legal knowledge and fear as obstacles preventing

citizens. Another 8% stated bribery and each 2% of respondents also pointed out power/authority

and weakness of the court as obstacles preventing citizens from bringing justice before the justice

institution.

4.3.What obstacles preventing citizens from bringing justice before the justice institution?

Obstacles Frequency Percentage

Money 13 26

Power Authority 1 2

Bribery 4 8

Lack of Legal Knowledge 6 12

Fear 6 12

Don’t Know 15 30

No Response 4 8

Weakness of the Court 1 2

Total 50 100

5. Fair Procedure

Relating to fair procedures, majority 78% said they know that citizens have the right to present

arguments and call witness before the justice system while only 4% said no. Similarly, majority 74%

of respondents said that they have right also to make an appeal after the case is judged. Only few 6%

said no and 16% did not respond this question. However, although those rights are granted, majority

64% also said that they have heard about paying money to lodge an appeal. Regarding the time

taken for an appeal to be heard, majority 66% said that they don’t know how long it takes and 10%

did not respond this question. However, there are 8% of respondent who said one month, 6% who

2%

2%

8%

8%

12%

12%

26%

30%

0% 5% 10% 15% 20% 25% 30% 35%

Power Authority

Weakness of the Court

Bribery

No Response

Lack of Legal Knowledge

Fear

Money

Don’t Know

4.3.What obstacles preventing citizens from bringing justice before the justice institution? (n=50)

said two month and another 4% said 3 months. Each 2% also responded that it takes 4 months, 6

months and 12 months respectively for appeal to be heard.

5.1. Do citizens have the right to present arguments and call witnessess

before the justice system?


Yes 39 78

No 2 4

Don’t Know 7 14

No Response 2 4

Total 50 100

5.2.Is there the right to make an appeal after the case is judged?


Yes 37 74

No 3 6

Don’t Know 8 16

No Response 2 4

Total 50 100

5.3.Have you ever heard about paying money to lodge an appeal?


Yes 32 64

No 6 12

Don’t now 8 16

No Response 4 8

Total 50 100

5.4.What is the time taken for an appeal to be heard?


Don’t Know 33 66

1-Month 4 8

2-Month 3 6

3-Month 2 4

4-Month 1 2

6-Month 1 2

12-Month 1 2

No Response 5 10

Total 50 100

Knowledge on Farmland Law and The Vacant, Fallow and Virgin Lands Management Law

6. Legal Framework

According to the survey result, majority 72% said that there are laws dealing with lands in Myanmar

and only 22% said there are no laws to deal with lands. However, only 24% could mention 2012

Farmland law and 8% stated 1963 the disposal of tenancies law. 6% selected “other laws” option and

4% said just as they know many laws. 22% did not know and majoirty 34% did not respond this

question.

6.1.Are there laws dealing with lands in Myanmar? If yes, what are they?


Yes 36 72

No 11 22

No Response 3 6

Total 50 100

What are laws relating to lands?


2012 Farmland Law 12 24

Tenancy Law 1963 4 8

Other Laws 3 6

Knows many laws 2 4

No Response 17 34

Don’t Know 12 24

Total 50 100

Nevertheless when asking respondents by mentioning the name of the law, majority 74% said they

have heard about the farmland law while only 12% have not heard about farmland law. Among

those who have heard about the farmland law, 12% said they know this law thouroughly and 16%

said that they know slightly. However, most of respondents 46% did not know about the law and

26% did not respond this question.

6.2. Have you ever heard about the farmland law? If yes, what do you know

about the law?


Yes 37 74

No 3 6

Don’t Know 6 12

No Response 4 8

Total 50 100

If yes, what do you know about the law?


Know Thoroughly 6 12

Don’t Know 23 46

No Response 13 26

Know Slightly 8 16

Total 50 100

Awareness on Vacant, fallow and virgin land management law is lower than awareness on the

farmland law. However, majoirty 58% said that they have heard about the vacant, fallow and virgin

lands management law while 22% have never heard about this law. Nevertheless, only 12% know

thouroughly about the law and 8% know slightly. As 36% of respondents said that they don’t know

and majority 44% did not respond the question.

6.3.Have you heard about the vacant, fallow and virgin lands management

law? If yes, what do you know about the law?


Yes 29 58

No 6 12

Don’t Know 11 22

No Response 4 8

Total 50 100

If yes, what do you know about the law?



Don’t Know 18 36

No Response 22 44

Know Slightly 4 8

Total 50 100

It is found out that majority of respondents 74% thinks that the formation of farmers union or

farmers organizations is legally allowed. But, 6% thinks it is not legally allowed and 16% said they

don’t know.

6.4.The formation of farmers union or organizations are legally allowed?


Yes 37 74

No 3 6

Don’t Know 8 16

No Response 2 4

Total 50 100

2012 the farmland law has revoked the 1963 tenancies law and 1963 laws safguarding the peasant

right. However, 10% of respondents still think the 1963 tenancies law is still in force and 12% also

thinks that the law safeguading peasants’s right is still in force. However, majoirty 44% said the

tenancy act is not active anymore while 42% do not know if it is still active or not. Likewise, majority

44% said they also did not know whether safeguarding farmers law is still in force or not where as

38% said that it is not in force any more.

6.5. Is the tenancy Law (1963) still in force?


In Force 5 10

Not in force 22 44

Don’t Know 21 42

No Response 2 4

Total 50 100

6.6. Is the law safeguarding peasant right (1963) still in force?


In force 6 12

Not in force 19 38

Don’t Know 22 44

No Response 3 6

Total 50 100

7. Legal Knowledge

Assessing legal knowledge of respondents, only 10% said that they know the definition of land

thoroughly and 20% said they know slightly. Majoirty 64% did not know the definition of land. It is

even lower in knowing the definition of farmer. Only 6% know thouroughly and 10% know slightly.

The majority 78% said that they don’t know the definition of farmer as per section 3(c) of the

farmland law.

7.1. Do you know the definition of land? (3a, farmland law)



Not understand 32 64

Don’t know 3 6

Know Slightly 10 20

Total 50 100

7.2. Do you know the definition of farmer? (3c, farmland law)


Know Thoroughly 3 6

Not understand 39 78

Don’t know 3 6

Know Slightly 5 10

Total 50 100

According to the survey, majority of respondents do not know matters regarding land use certificate.

82% of respondents do not know where to apply for the land use certificate and 80% do not also

know who is responsible to issue the land use certificate. Only 14% said that they know where to

apply for and 16% said that they know responsible body to issue the land use certificate. However,

64% of respondents know the requirement to apply for land use certificate for landuse right

obatained by buying, exchanging and inheriting as per section 8 of the farmland law. Nevertheless,

there still are 24% who don’t know and 8% those said not required.

7.3. Where shall the person permitted to use land apply for the Land Use Certificate?

(4, Farmland Law)


Know thoroughly 7 14

Don’t Know 41 82

No Response 2 4

Total 50 100

7.4. Who shall issue the Land Use Certificate? (6, farmland law)


Know thoroughly 8 16

Don’t Know 40 80

No Response 2 4

Total 50 100

7.5.For the landuse right obtained by buying, exchanging or inheriting, is it required to apply for the Land Use Certificate? (8, farmland law)


Required to apply 32 64

Not required 4 8

Don’t Know 12 24

No Response 2 4

Total 50 100

Despite the section 9(f) of the farmland land allows joint-venture with foreigners or organizations

consistes of foreigners, only 24% of respondents knows the right to work joint-venture. As 32%

responded as “I don’t know” and 40% said that there is no that right. Only 4% did not respond the

question.

7.6.Is there the right to work joint-venture with foreigner or organization consists of foreigners?

(9f, farmland law)


Yes 12 24

No 20 40

Don’t Know 16 32

No Response 2 4

Total 50 100

In addition, 50% of respondents know the requirement to register at relevant township office for

purchasing land, pawning, exchanging and donating landuse right as per section 12(c) of the

farmland law. 28% did not know while 18% responded as it is not required.

7.7. Is it required to register at relevant township office for purchasing, pawning, exchaning and donating the landuse

right? (12c, farmland law)


Required to register 25 50

Not required to register 9 18

Don’t Know 14 28

No Response 2 4

Total 50 100

According to the survey result, majority 64% know the legal right to pawn the landuse right while

10% said it is not allowed to pawn. However, 20% did not know the existence of legal rights to pawn.

Besides, majoirty 58% know that it is not allowed without permission to use farmland for non-

agriculture purpose while 36% did not know that fact. However, regarding the crops, only 34% of

respondents know that it is not allowed without permission to grow other crops from regular

growing crops. 28% thinks that it is allowed to grow other crops without permission and 26% said

that they don’t know. Likewise, mojority 60% of respondents did not know that it is not allowed to

leave the land unplanted without sound reasons and only 14% know that the law does not allow it

without permission. As in other question, 20% said that they do not know this as well.

7.8. Is it allowed to pawn the landuse right? (12e)


Yes 32 64

No 5 10

Don’t Know 10 20

No Response 3 6

Total 50 100

7.9 Is it allowed to use farmland for non-agriculture purpose without permission? (12g)


Yes 5 10

No 29 58

Don’t Know 13 26

No Response 3 6

Total 50 100

7.10. Is it allowed to grow other crops from regular growing crops without

permission? (12h)


Yes 14 28

No 17 34

Don’t Know 13 26

No Response 6 12

Total 50 100

7.11. Is it allowed to leave the land unplanted without a sound reason? (12i)


Yes 30 60

No 7 14

Don’t Know 10 20

No Response 3 6

Total 50 100

64%

10%

28%

60%

10%

58%

34%

14%20%

26% 26%20%

6% 6%12%

6%

0%

10%

20%

30%

40%

50%

60%

70%

Is it allowed to pawn thelanduse right?

Is it allowed to usefarmland for non-

agriculture purposewithout permission?

Is it allowed to grow othercrops from regular growingcrops without permission?

Is it allowed to leave theland unplanted without a

sound reason?

Rights allowed in the farmland law (n=50)

Yes No Don't Know No Response

In order to receive lawful resolution for land disputes, section 13 requires registration for the land.

And majority 60% also noted the requirement to register while 8% insisted that registration is not

necessary to obtain lawful resolution for land disputes. However, 24% said they did not know if

registration is required or not to have lawful resolution when land disputes arise.

7.12. Is registration required to receive legal resolution when land disputes

arise? (section 13)


Yes 30 60

No 4 8

Don’t Know 12 24

No Response 4 8

Total 50 100

According to the survey, majority 56% know the central farmland management body while only 4%

know slightly that who are included in the central management body. As 38% of respondents did not

know the central farmland management body, majority 60% also do not know who are in the

management body. Furthermore, 44% of respondents do not know that the formation of township,

ward and village level farmland management body is in line with law. Only 38% thinks it is legally

formed and 10% still think that township, ward and villager level farmland management bodies are

illgally formed.

7.13. Do you know the central farmland management body? If yes, who are

comprised of? (section 15)


Yes 28 56

No 8 16

Don’t Know 11 22

No Response 3 6

Total 50 100

Who are comprised of in the central farmland management body?


Know Slightly 2 4

Don’t Know 30 60

No Response 18 36

Total 50 100

7.14. Is the formation of township, ward and village level farmland management body in accordance with the law? (section 16,21)


Legally formed 19 38

Illegally formed 5 10

Don’t Know 22 44

No Response 4 8

Total 50 100

Regarding education on the farmland law, there are 32% who said that they are aware of educating

knowlege on farmland law through media while majority 50% said that they are not aware of that.

Besides, educating in local laguages on the farmland law also is said not available by majority 68% of

respondnets. However, there are 10% who said that there is enhancing knowledge in local laguages

on the farmland law. 14% did not know and 8% did not respond the question.

7.15. Are you aware of educating knowledge on farmland law through

media?


Yes 16 32

No 25 50

Don’t Know 6 12

No Response 3 6

Total 50 100

7.16. Is there enhancing knowledge in local language on farmland law?


Yes 5 10

No 34 68

Don’t Know 7 14

No Response 4 8

Total 50 100

Obstacles in enhancing public legal knowledge is quite similar. As in other laws, 38% mentioned lack

of education programs, 20% stated departmental weakness/disturbance. Besides, 16% of

respondents selected “other” to point out other obstacles not covered in the survey. Each 4% also

said language barrier and fear as obstacles. However, there are also various ways to overcome

obstacles according to the respondents. Though 48% could not respond the question, 36%

mentioned the conducts of education training and 8% restated the need to conduct training from

village/ward level. As another 6% mentioned to combat bribery and 2% said to hold seminars to

overcome those obstacles.

8%

10%

38%

44%

0% 10% 20% 30% 40% 50%

No Response

Ilegally formed

Legally formed

Don’t Know

7.14. Is the formation of township, ward and village level farmland management body in accordance with the law?

(section 16,21) (n=50)

7.17. What are obstacles in enhancing public knowledge on farmland law? How

can these be overcome?


Departmental Weakness/ Disturbance 10 20

No Education 19 38

Language Barrier 2 4

Fear 2 4

Other 8 16

No Response 9 18

Total 50 100

How can obstacles be overcome?


Seminars 1 2

Educating Training 18 36

Legal Education From village/ward level 4 8

Combatting bribery 3 6

No Response 24 48

Total 50 100

According to the survey, majority 70% said that they do not know the definition of vacant land and

fallow land. Only 18% said that they know well and 12% did not respond the question. Likewise,

majority 78% said they also do not know the definition of virgin land while only 10% said that they

know the difinition of the virgin land well. There are also 12% who did not respond the question.

7.18. Do you know the definition of vacant land and fallow land?


Know well 9 18

Don’t Know 35 70

No Response 6 12

Total 50 100

7.19. Do you know the definition of the virgin land?


Know Well 5 10

Don’t Know 39 78

No Response 6 12

Total 50 100

Regarding the central committee for management of vacant, fallow and virgin lands, only 30% of

respondents have heard the existance of the committee and 36% said they have never heard about

the central committee. Moreover, majority 56% do not know who are included in the central

committee for management of vacant, fallow and virgin lands. 44% did not respond the question.

7.20. Have you ever heard about the central committee for managment of

vacant, fallow and virgin land? If yes, who are comprised of? (section 3, VFVM)


Yes 15 30

No 18 36

Don’t Know 14 28

No Response 3 6

Total 50 100

Who are included in the central committee for managment of vacant,

fallow and virgin land?


Don’t Know 28 56

No Response 22 44

Total 50 100

Regarding businesses, majority 78% do not know which kind of busineses can be permitted to utilize

the vacant, fallow and virgin lands. Only 2% know well and 6% said they know kind of busineses

slightly as per section 4 of the vacant, fallow and virgin lands management law. Moreover, 44% do

not know whether it is allowed to foreign investments to apply for the right to utilize the vacant,

fallow and virgin lands while 30% said that it is allowed and 20% said it is not allowed to foreign

investments to permit landuse right.

7.21. Which businesses can be permitted to utilize the vacant, fallow

and virgin lands? (section4)


Know Well 1 2

Don’t Know 39 78

No Response 7 14

Know Slightly 3 6

Total 50 100

7.22. Is it allowed to foreign investments to apply for the right to utilize vacant,

fallow and virgin lands? (section 7)


Yes 15 30

No 10 20

Don’t Know 22 44

No Response 3 6

Total 50 100

Regarding permitable maximum land size for cultivation of perennial plants, majority 52% said they

do not know maximum size of land allowed for perennial plants. Although 42% answered this

question only 4% who said 50,000 acres, could respond correctly as described in law. Likewise,

majority 56% do not know permitable maximum size of land for orchard. Besides, no respondents

could mention that 3,000 acres can be permitted for the first time application and only 4% could

mention maximum size of 50,000 acres for orchards. Similarly in industrial seasonal crops, only 4%

could mention maximum permitable size of land 50,000 acres and majority 58% said that they did

not know the maximum size of land allowed for cultivations of industrial seasonal crops.

7.23. What is maximum acres of vacant, fallow and virgin land permittable to

culitvate perennial plant? (section 10a1)


Don’t Know 26 52

8 Acre 2 4

10 Acre 5 10

30 Acre 2 4

50 Acre 5 10

No Response 4 8

100 Acre 2 4

500 Acre 2 4

50000 Acre 2 4

Total 50 100

7.24. What is maximum acres of vacant, fallow and virgin land permittable for

orchard? (section 10a2)


Don’t Know 28 56

10 Acre 6 12

50 Acre 7 14

Response 4 8

500 Acre 2 4

5000 Acre 1 2

50000 Acre 2 4

Total 50 100

7.25. What is maximum acres of vacant, fallow and virgin land permittable for

industrial seasonal crops? (section 10a3)


Don’t Know 29 58

10 Acre 4 8

50 Acre 5 10

No Response 5 10

100 Acre 2 4

500 Acre 3 6

50000 Acre 2 4

Total 50 100

7.26. What is maximum acres of vacant, fallow and virgin lands permitable to rural cultivators and for manageable family-sized scales? (section 10a4)


Don’t Know 30 60

5 Acre 1 2

10 Acre 8 16

30 Acre 2 4

50 Acre 6 12

No Response 3 6

Total 50 100

Regarding maximum landsize permitable to rural farmers and for manageable family-sized scales,

majoirty 60% do not know the maximum size of land permitable under this category and only 12%

could describe 50 acres as maximum size of vacant, fallow and virgin land allowed by law to rural

farmers and for manageable family-sized scales.

60%

2%

16%

4%

12%6%

0%

10%

20%

30%

40%

50%

60%

70%

Don’t Know 5 Acre 10 Acre 30 Acre 50 Acre No Response

7.26. What is maximum acres of vacant, fallow and virgin lands permitable to rural cultivators and for manageable

family-sized scales? (section 10a4) (n=50)

Similarly, there are also desinaged maximum size of land for livestock breeding, poultry farming and

aquaculture businesses. For the breeding of fish, prawn and crabs, maximum 1,000 acre can be

permitted by law. However, only 2% know the exact maximum size and majority 62% said that they

did not know. For raising buffalo, cattle and horse, majority 64% did not know maximum size of

vacant, fallow and virgin land permitable and only 2% stated correctly as 2,000 acres. And 4% thinks

more than 2,000 acres can be permittable for rasing buffalo, cattle and hourse. In addtion, maximum

land size for rasing sheeps and goats is even more smaller than baffalo, cattle and horse. However,

equally 2% could say the exact acres of 500 as per law and majority 58% did not know. There are 4%

who thinks more than 500 acres and another 20% stated fewer acre than 500. Regarding breeding of

poultry, pig, duck and quail, no respondents cound say the exact maximum acres of land

permittable, that is 300 acres. However, 6% of respondents believed thousands acres are

permittable though it is only hundreds of acres are allowed by law.

7.27. How many acres of vacant, fallow and virgin lands may be permitted for the breeding of fish, prawn and crabs?

(section 10b1)


Don’t Know 31 62

10 Acre 2 4

20 Acre 1 2

30 Acre 1 2

50 Acre 7 14

No Response 5 10

300 Acre 1 2

2000 Acre 1 2

10000 Acre 1 2

Total 50 100

7.28. How many acres of vacant, fallow and virgin lands may be permitted for raising

buffalo, cattle and horse? (section 10b2-aa)


Don’t Know 32 64

5 Acre 2 4

20 Acre 1 2

30 Acre 1 2

50 Acre 2 4

No Response 6 12

100 Acre 3 6

2000 Acre 1 2

5000 Acre 1 2

50000 Acre 1 2

Total 50 100

7.29. How many acres of vacant, fallow and virgin lands may be permitted for

raising sheep and goat? (section 10b2-bb)


Don’t Know 29 58

6 Acre 2 4

10 Acre 1 2

20 Acre 1 2

30 Acre 1 2

50 Acre 3 6

No Response 8 16

100 Acre 2 4

500 Acre 1 2

5000 Acre 1 2

50000 Acre 1 2

Total 50 100

7.30. How many acres of vacant, fallow and virgin lands may be permitted for breeding poultry, pig, duck and quail?

(section 10b2-cc)


Don’t Know 31 62

7 Acre 2 4

10 Acre 2 4

20 Acre 2 4

30 Acre 1 2

50 Acre 3 6

No Response 7 14

100 Acre 1 2

50000 Acre 1 2

Total 50 100

Furthermore, there are also designated time limitation for permitted lands depending on the

purpose of landuse, for instance, 30 years for perennial plant. However, only 44% of respondents

said yes and 8% said that there is no period limited. There are also 38% who did not know period

designated for any landuse rights.

7.31. Is there length of time limitation for land tenure to agriculture, livestocks

and affiliated businesses? (11)


Yes 22 44

No 4 8

Don’t Know 19 38

No Response 5 10

Total 50 100

The vacant, fallow and virgin land mamangment law requires to pay for both security fees and land

revenue. Nevertheless, only 34% of respondents think it is required to pay security fees and 12%

think it is not required to pay security fees. Majoirty 40% said that they don’t know if it is required or

not to pay security fees. But, regarding land revenue, majority 58% of respondents said it is required

to pay land revenue as described in law. Only 2% said no and 26% said “I don’t know” to the

question.

7.32. Is it required to pay security fees for vacant, fallow and virgins landuse

right? (13)


Yes 17 34

No 6 12

Don’t Know 20 40

No Response 7 14

Total 50 100

7.33. Is it required to pay land revenue for vacant, fallow and virgins landuse

rights? (15a)


Yes 29 58

No 1 2

Don’t Know 13 26

No Response 7 14

Total 50 100

34%

58%

40%

26%

14% 14%

0%

10%

20%

30%

40%

50%

60%

70%

7.32. Is it required to pay security fees for vacant,fallow and virgins landuse right? (13)

7.33. Is it required to pay land revenue for vacant,fallow and virgins landuse rights? (15a)

Requirements to pay for security fees and land reveue (n=50)

Yes No Don't know No Response

As per section 19 of the vacant, fallow and virgin land management law, part of the permitted land

can be acquired for certain conditions described in section 19. However, only 38% said that there is

such obtainable conditions. Equally, 38% said they did not know that permitted land can be acquired

and only 10% said that there is no such obtainable conditions of land already pertmitted.

7.34. Is there right to acquire part of land area from permitted vacant,

fallow and virgin lands? (section 19)


Yes 19 38

No 5 10

Don’t Know 19 38

No Response

7 14

Total 50 100

Regarding legal educations on the vacant, fallow and virgin land management law, only 10% said

that they are aware of educations through media and majority 62% said not aware of. Likewise, legal

education in local languages is said not provided by majority 68% of respondents. Only 8% said that

they are aware of enhacing legal education in local languages on the vacant, fallow and virgin land

law. Obstacles faced in educating the VFVLM law are mainly lack of education as stated by 50%,

departmental weakness/ disturbance according to 14% respondents and langage barrier by 2% of

respondents. Similarly, 38% of respondents also recommanded again to conduct awareness raising

and to start carrying out from ward/village level to overcome obstacles and another 4% said to

increase media coverage. Holding literature talks, carrying out by setting up national plan and

combatting bribery are aslo mentioned to overcome obstacles by each 2% respectively.

7.35. Are you aware of enhancing knowledge on VFVLM law through

media?


Yes 5 10

No 31 62

Don’t Know 10 20

No Response 4 8

Total 50 100

7.36. Are you aware of enhancing knowledge in local languages on VFVLM

law?


Yes 2 4

No 34 68

Slightly 2 4

Don’t Know 7 14

No Response 5 10

Total 50 100

Yes38%

No10%

Don’t Know38%

No Response14%

7.34. Is there right to acquire part of land area from permitted vacant,

fallow and virgin lands? (section 19) (n=50)

Yes No Don’t Know No Response

7.37. What are obstacles in educating the

public on VFVLM Laws? How can

obstacles be overcome?

Obstacles Frequenc

y Percentag

e

Departmental Weakness/ Disturbance

7 14

No Education 25 50

Language Barrier

1 2

Other 6 12

No Response 11 22

Total 50 100

How to overcome?

Response Frequency Percentag

e

Literature Talks 1 2

Awareness Training

16 32

Educating from village/ ward level

3 6

Combatting bribery

1 2

Media Coverage 2 4

No Response 26 52

Carry out with national plan

1 2

Total 50 100


Yes10%

No62%

Don’t Know20%

No Response8%

7.35. Are you aware of enhancing knowledge on VFVLM law through media? (n=50)

Regarding legal advice and representations on cases relevant with the vacant, fallow and virgin land,

44% of respondents said that services by paralegals and non-lawyers are available while 36% said it

is not available. However, only 28% said that free lawyers service are available while 50% said not

available. And only 16% said that legal advice regarding this law are accessible while 54% believed it

is not accessible. Nevertheless, 46% of respondents said that they know who to contact to take legal

advice on the vacant, fallow and virgin land management law. Majoirty 76% also said that there is no

financial support available for legal representation on land cases. However, there are 4% of

respondents who said that financial support is available for legal representation on land cases.

8.1.What is the accessiblity of legal advice on Vacant, Fallow and Virgin Land law?


Accessilble 8 16

Not Accessible 27 54

Don’t Know 9 18

No Response 6 12

Total 50 100

8.2.What is the availability of lawyer’s service that is free of charge for land

cases?


Available 14 28

Not Available 25 50

Don’t Know 8 16

No Response 3 6

Total 50 100

8.3. What is the availibility of services by paralegals and non-lawyers on vacant,

fallow and virgin land law?


Available 22 44

Not Available 18 36

Don’t Know 8 16

No Response 2 4

Total 50 100

8.4. Do you know who to contact to receive legal advices?


Yes 23 46

No 23 46

No Response 4 8

Total 50 100

8.5. Is there financial supports available for legal representation?


Yes 2 4

No 38 76

Don’t Know 7 14

No Response 3 6

Total 50 100

9. Access to a Justice Institution

According to the survey result, most of respondents 34% think that farmland committee is

responsible to file the case, to investigate, to hear the case and to judge for land disputes. 12%

thinks that the land record department is responsible and 8% of respondents said that general

administration department is responsible. Besides, there are 6% who think the court is responsible

and 4% who think the irrigation department is responsible. There are also 22% who did not know

who is responsible for filing the case, investigating, hearing and resolving the case.

9.1.What is responsible body to carry out investigation filing case, hearing and decision making for disputes relating landuse right? (22, farmland law)


Don’t Know 42 84

Land Record 6 12

No Response 2 4

Total 50 100


Don’t Know 44 88

General Administration

4 8

No Response 2 4

Total 50 100


Don’t Know 48 96

Irrigation 2 4

No Response 50 100


Don’t Know 45 90

Court 3 6

No Response 2 4

Total 50 100


Don’t Know 31 62

Farmland Committee

17 34

No Response 2 4

Total 50 100


Other 37 74

Don’t Know 11 22

No Response 2 4

Total 50 100

According to the farmland law, appeal can be made within 30 days up to district level farmland

management body and within 60 days to region or state level farmland managment body. However,

majority 54% did not know that. Although 26% mentioned 30 days and 6% mentioned 60 days, it is

not obvious if the respondents actually know exactly as described in the farmland law. Besides,

majority of 54% said that they do not know responsible body to make final judgement for land

disputes. And although there is 14% who mentioned famland committee as reponsible body to give

final decision, whether district or state/region farmland managemet comittee is not clarified.

Besides, there are also 14% who think government and 12% who think the court as responsible body

to make final judgement on land disputes.

9.2. Within how many days can the appeal be made? (section 23,24,25)


Don’t Know 27 54

7 Days 2 4

17 Days 1 2

30 Days 13 26

60 Days 3 6

No Response 4 8

Total 50 100

9.3. Who is responsible to make final decision in resolving land disputes? (25c)


Government 7 14

Court 6 12

Farmland Committee

7 14

Don’t Know 27 54

No Response 3 6

Total 50 100

According to the survey, only 2% know that the central committee is responsible to coordinate

between local cultivators and the enterprises granted landuse when complaints regarding

obstruciton, trespass and mischefs arises. However, majority 88% do not know that the central

committee is responsible to coordinate. Besides, majority 84% do not know how to settle the

disputes between farmers cultivating on the land for long without holding offical permission and the

latter permited person or business on the same land. According to section 25(c), it is to be resolved

by law with bi-lateral aggrement between the two parties or organizations. However, only 2% know

that thoroughly.

6%

12%

14%

14%

54%

0% 10% 20% 30% 40% 50% 60%

No Response

Court

Government

Farmland Committee

Don’t Know

9.3. Who is responsible to make final decision in resolving land disputes? (25c) (n=50)

9.4. Who is responsible to coordinate between local cultivators and the business granted landuse when

complaints regarding obstruction, trespass and mischiefs arises. (25a,

VFVLM Law)


Know Thoroughly

1 2

Don’t Know 44 88

No Response 5 10

Total 50 100

9.5. How will the dispute be settled if part of the permitted vacant, fallow and

virgin lands is in the farmland being ulitlized for long by farmers though not

holding official permission? (25c)


Know Thoroughly

1 2

Don’t Know 42 84

No Response 7 14

Total 50 100

Regarding orders issued to evict from farmland due to violating rules and orders issued to remove

building constructed without permission, majority 54% of respondents said that there is right to

make an appeal in this kind of cases and 10% said there is no right to appeal. Moreover, majoirty

66% of respondents said that it can be imprisoned for failing to follow orders issued as per section

19 of the farmland law while only 6% said no and 22% did not know.

Know Thoroughly2%

Don’t Know84%

No Response14%

9.5. How will the dispute be settled if part of the permitted vacant, fallow and virgin lands is in the

farmland being ulitlized for long by farmers though not holding official permission? (25c) (n=50)

10.1. Is there right to make an appeal for order evicting from farmland due to

violating rules and for order removing buildings constructed without permission? (19 farmland law)


Yes 27 54

No 5 10

Don’t Know 14 28

No Response 4 8

Total 50 100

10.2. Can it be imprisoned for failing to follow orders issued under section 19 of

the farmland law? (35, 36)


Yes 33 66

No 3 6

Don’t Know 11 22

No Response 3 6

Total 50 100

According to section 40 of the farmland law, it is stated that members of farmland management

bodies can not be sued for carrying out in line with the law. However, 40% of respondents said those

members can be sued and only 16% said that those can not be sued. The rest 38% did not know if

those can be sued or not. Regarding mischiefs, obstructions and trespass on the permitted land,

majoirty 42% said that it is cognisable offense and 28% think it is non-cognisable offense. And there

are also 22% who do not know if it is cognisable or not and 8% did not respond the question.

10.3. Can members of farmland mamagement bodies in various level be

sued? (section 40, farmland law)


Yes 20 40

No 8 16

Don’t Know 19 38

No Response 3 6

Total 50 100

10.4. Are accusations regarding mischiefs, obstructions and trespass on the permitted

land cognisable offense?


Cognisable offense 21 42

Non-cognisable offense

14 28

Don’t Know 11 22

No Response 4 8

Total 50 100

............................................................................................................................. ..............................

Key Findings: Labour Organization Law

Yes40%

No16%

Don’t Know38%

No Response6%

10.3. Can members of farmland management bodies in various level be sued? (n=50)

Yes No Don’t Know No Response


Survey on the awareness of labour organization law was conducted in Yangon and Mandalay regions

which can be assumed as labor populated areas. Total sample of 50 key informants/ respondents

had been interviewed in person by well trained interviewvers.

Respondents from industrial townships of Yangon and Mandalay regions were assessed equally.

Most of the respondents, 30% are from Mandalay city and 20% are from Bagan/Nyaungoo. The rest

50% are from Yangon region accounting Shwepyithar 16%, Hlaingtharyar 16%, Dagon Seikkan 14%

and Innsein township 4%. Genderly looking, the majority (29) respondents, which accounts for 58%

are male and the rest 42 % are female. Respondents are from all age groups and majority of them

are age between 31 and 40 (22%) and age between 51 and 60 (22%). 6% of age above 60 also took

part in this survey.

Numbers of Key Informants by Townships


Mandalay 15 30

Shwepyithar 8 16

Dagon Seikkan

7 14

Bagan/ Nyaungoo

10 20

Hlaingtharyar 8 16

Innsein 2 4

Total 50 100

Age of Key Informants


18 1 2

23 3 6

24 2 4

25 3 6

27 2 4

30 2 4

31 2 4

32 2 4

34 2 4

35 2 4

36 1 2

37 1 2

38 2 4

39 1 2

40 1 2

42 2 4

Gender of Key Informants


Female 21 42

Male 29 58

Total 50 100

Respondents by Age Group

Age Group Frequency Percent

(18-24) 6 12%

(25-30) 9 18%

(31-40) 11 22%

(41-50) 9 18%

(51-60) 11 22%

61 and above 3 6%

No Response 1 2%

50 100%

43 1 2

44 1 2

45 2 4

46 2 4

50 1 2

51 1 2

53 3 6

54 3 6

55 1 2

60 2 4

62 1 2

65 1 2

80 1 2

No Response

1 2

Total 50 100

By looking at occupations, majority 32 % are labourers and members of labour unions and only 2%

are from farmer/farmer unions. Besides, the second largerst group are people working as lawyers

(18%) and combined with 2% justice staff, it can be said 20% are justice relevent employments.

However, only 12 %, as the third largest group, are businessmen and their representatives. Other

respondents includes village/wards level administrators/elders (6%), members of political parties

(10%) and respondents from civil society such as social workers/CSOs leaders accounts for 12% in

total. Religious leaders (6%) also took part in the survey.

Organizational Background

Analysing those respondents by their affiliated organizations/institutions and postions in their

organizations, it is found out that majority 42% are not from any organization or institutions. But,

32% are from CSOs/CBOs and 10% from political parties. Religious institution namely christian

instituion (2%) and Islam institutions (4%) also took part in the survey. 8% from government

instituions or departments also particiated in the survey. Positionally looking at respondents,

member level of those organizatons make up 26% in total and labors 18%. And it can be also

assumed that leader level in total in this survey is 36% that consists of Islamic leader(2%), business

owner (14%), chairman and secreatry (12%), in-charge (4%) and members of parliament 4%

respectively.

Organization/Institution of Respondents

Organizations Frequen

cy Percenta

ge

Christian Organization

1 2

Islam Organization

2 4

Government 4 8

Politcal Party 5 10

CSOs and CBOs

17 34

No Organization

21 42

Total 50 100

Key Informants by position in organizations

Positions in Organizations




Members 13 26

Labors 9 18

Volunteer 1 2

In Charge 2 4

Members of Parliament

2 4

Pastors and Religius Affliated Staff

1 2

Staff 5 10

Business Owners 7 14

Islamic Religious Leaders

1 2

No Position 3 6

Total 50 100

When looking at the ethnic background of respondents, Bama as the largest size makes up 92% and

Kayin 4% . Respondents who expressed themselves as Islam account for 4% as well.

Ethnicity of Key Informants

Ethnicity Frequen-

cy Percen-

tage

Kayin 2 4

Bamar 46 92

Islm 2 4

Total 50 100

General Awareness

1. Legal Framework

According to the survey, 66% of respondents agreed with the existence of laws that clearly protect

rights of citizen while 14% said that there is no law aimed to protect citizen rights. However, 20%

said that they don’t know whether the law exists or not. Although as mentioned above 66% said

there is law protecting citizen rights, only 44% mentioned the name of laws. Among 44%, those who

described as 2008 constitution are 12%, who mentioned “constituion and other laws” are 6% and

1982 Citizenship law is 2% respectively. And those who replied as “other laws” make up 24% out of

44% who mentioned the specific law. 56% said I dont know and this 56% embraces people who

really don’t know the existence of laws, who could not specicaly mention existing laws and those

who said no to the existence of laws protecting citizen rights.

1.1.Are there any laws that clearly protect rights of citizen?


Yes 33 66

No 7 14

Don’t Know 10 20

Total 50 100

1.1.1.If exists, which laws do you know?


2008 Constitution 6 12


3 6

1982 Citizenship Law 1 2

Other laws 12 24

Don’t Know 28 56

Total 50 100

Regarding the existence of customary laws and practices, 64% said there is customary law protecting

citizen rights and 10% said there is no. There are 24% in total who don’t know whether the

customary law and practice to protect citizen’s right exist or not. Among who said yes to the

existence of customary laws and practices, 26% of respondents mentioned religious laws where as

16% mentioned as customary law. Besides, 2% said other and another 2% said those laws/practices

are not alive and distrustful. There also is 54% who could mention and reply as I don’t know to

mentioning specical name of customary laws/practices.

1.2. Any customary laws and pratices that clearly protect citizens’ rights?


Yes 32 64

No 5 10

Don’t Know 12 24

No Response 1 2

Total 50 100

1.2.1. If yes, which customary laws and practices do you know?


Customary Law

8 16

Religious Law 13 26

Don’t Know 27 54

Not Alive/ Distrust

1 2

Other 1 2

Total 50 100

According to the result, 68% of respondents said that it is not easy to read laws and only 12% that

accounts for 6 respondents said that it is easy. There are also 18% who don’t know whether it is easy

or not to read laws. When asking why it is not easy to read laws, 36% mentioned the usage of

complicated words and 14% pointed out the lack of clarity and simplicity. Another 7% chose “other”

option and a lot of respondents 36% did not respond this question.

1.3. Is it easy to read laws?


Easy 6 12

Not easy 34 68

Don’t know 9 18

No Response 1 2

Total 50 100

If not easy, why?


Usage of complicated words or terms

18 36

No clarity and simplicity

7 14

Other 7 14

No Response 18 36

Total 50 100

Besides, majority 42% of respondents think that existing laws are not actively applied and another

10% think that laws are being abused. However, the second largest group of respondents 38% think

that laws are being applied and only 8% stated as I don’t know. Interestingly, majority 52% of

respondents said that there are informal justice institution to solve the justice problem while 42%

said there are no that kind of informal institution. Only 6% of respondents answered as they don’t

know the existence of informal justice institution.

1.4. Do you think laws are active and being applied?


Apply 19 38

Not apply 21 42

laws abused 5 10

Other 1 2

Don’t know 4 8

Total 50 100

1.5. Is there any informal justice institution to solve the justice problem?


Yes 26 52

No 21 42

Don’t know 3 6

Total 50 100

2. Legal Knowledge

There are 7 sources of legal information and more than one sources are used by respondents to

access legal information. Among which, it is found out that printed media is the most used to access

legal information. According to the respondents, 64% of respondents received legal information

through printed media and television media also stands as the second most used (46%) and followed

by radio 16%. People who access legal information through internet and accquantances/workplaces

make up each 12% respectively. It is found out that there are only 6% who knows from awareness

trainings. Despite various sources are out there, there still are 14% who don’t know where to find

legal information.

2.1. How do you know or access legal information?

Legal Information Access through Internet


No 44 88

Yes 6 12

Total 50 100



No 18 36

Yes 32 64

Total 50 100

Through Radio


No 42 84

Yes 8 16

Total 50 100

Access through Television

Answe

r Frequency Percentage

No 27 54

Yes 23 46

Total 50 100

Through Education Trainings


No 47 94

Yes 3 6

Total 50 100

Access through Accquantances/Business

Answe

r Frequency Percentage

No 44 88

Yes 6 12

Total 50 100

Sources of Legal Information


Internet 6 12%

Print Media 32 64%

Radio 8 16%

Television 23 46%

Trainings 3 6%

Acquantaces/ Workplace

6 12%

Don’t Know 7 14%

No Respponse 1 2%

Thouse who answered “Don’t Know”


No Response 43 86

Don’t Know 7 14

Total 50 100

Apparently, more than 60% of respondents do not know functions of any of justice systems, lawyers,

paralegals and the court. Regarding knowledge on functions of formal justice system, majority 64%

do not know and only 20% know functions of formal justice system, knowing functions of the court is

higher making up 26% who know and 10% slightly know. Besides, knowing functions of lawyer also is

slightly higher than the court with 28% who knows and 12 % who slighly know functions of lawyers.

Nevertheless, knowledge on functions of any justice institutions and actors is lower than 60% as

mentioned above. The poorest rate is not knowing functions of paralegals which may still be new to

most of respondents and to most citizens. 70% said they don’t know, but 24% of respondents which

is higer than knowing formal justice system said they know functions of paralegals.

2.2. Do you know functions of formal justice system?


I Know 10 20

Don’t Know 32 64

No Response 7 14

Know Slightly 1 2

Total 50 100

2.3. Do you know functions of lawyers?


I Know 14 28

Don’t Know 30 60

Know Slightly 6 12

Total 50 100

2.4. Do you know functions of paralegals?


I Know 12 24

Don’t Know 35 70

Know Slightly 3 6

Total 50 100

2.5. Do you know functions of the court?


I Know 13 26

Don’t Know 31 62

No Response 1 2

Know Slightly 5 10

Total 50 100

According to the survey, there are 54% of respondents who said that the state and non-state actors

are undertaking to enhance legal knowledge while 36% said not undertaking and 6% do not know.

However, only 10% of respondents said that legal educations are provided in local languages and

majority 82% stated that there are no legal educations provided in local laguages. Few 8% do not

know if it is provided or not.

2.6. Are there legal educations provided in local languages?


Yes 5 10

No 41 82

Don’t Know 4 8

Total 50 100

2.7. Are there state and non-state actors undertaking to enhance legal knowledge?


Yes 27 54

No 18 36

Don’t Know 3 6

No Response 2 4

Total 50 100

Most of key informants 42% responded as not good to the level of legal information dissemitation by

the state. However, 32 % rated the level as average and only 16% said good to legal information

dissemitation by the state. It is beleived by respondents 64% that print media is used most to

dissiminate legal knowledge. Internet and radio are used by each 12% respondents respectively and

it is followed by awareness training mentioned by 4% of respondents. Interesting finding is that 4%

of respondents mentioned legal information dissemitation through telephone. On the other hand,

there still are 22% of respondents who said they don’t know.

2.8.How would you rate the level of legal information dissemitation by the state?


Good

8 16

Average

16 32

Not Good

21 42

Don’t Know

5 10

Total

50 100

According to the survey result, respondents think that legal information is disseminated by 5 ways.

And 64% mentioned dissemination through print media and radio 12%, internet 12% respectively.

However, there are only 4% who said legal information are disseminated by wareness raising

training. One interesting way is dissemination via telephone and 4% of respondents mentioned.

There are also 22% who don’t know what media are used to disseminate legal information.

2.9. What media are used to dissiminate legal information?


No 44 88

Yes 6 12

Total 50 100


No 18 36

Yes 32 64

Total 50 100


No 44 88

Yes 6 12

Total 50 100

Awareness Raising Frequency Percentage

No 48 96

Yes 2 4

Total 50 100

Mobile Phone Frequency Percentage

No 48 96

Yes 2 4

Total 50 100

Don’t Know Frequency Percentage

No Response 39 78

Don’t Know 11 22

Total 50 100

It is observed that main obstacle in raising legal awarenedd of citizens is departmental weakness

and 35% of respondents mentioned this cause and 22% stated lack of awareness raisings. 6% of

respondents mentioned bribery as one obstacle. Only each 2% mentioned language diversity/

wording and fear as obstacles. 16% also chose the “other” option.

2.10.What are the main obstacles to

raising legal awareness of citizens? How to

overcome obstacles?


Departmental Weakness 19 38

Bribery 3 6

No Awareness Raising 11 22

Language diversity/ Wording 1 2

Fear 1 2

Other 8 16

No Response 6 12

Total 50 100



Awareness Trainings 12 24

legal Information Dissimination From Village/Ward Level 6 12

Fighting against corruption 1 2

Media Courage 5 10

No Response 18 36

State’s Approval without pressure 8 16

Total 50 100

3.Legal Advice and Representation

In looking at the availability of legal services, 74% of respondents said that organization offering legal

advice are available and 22% said not available. Besides, 54% believes that lawyers offering legal

advice and representation to citizens are available and 38% still think not available on this case.

Likewise, 58% of respondents believes there is the availability of lawyers service that are free of

charge while 38% still think no available. Regarding services by paralegals and non-lawyers, 60%

thinks it is available and 26% said it is not. When accessing further information about roles of

paralegals in resolving justice problems, 68% said that they don’t know the roles played by

paralegals in resolving justice problems. However, 14% said ensuring justice, 4% thinks providing

legal advice and 2% thinks providing awareness raisings as roles of paralegals.

3.1. What is vailability of organizations offering legal advice?


Available 37 74

Not Available 11 22

Don’t Know 2 4

Total 50 100

3.2. What is the availability of lawyers offering legal advice and representation to citizens?


Available 27 54

Not Available 19 38

Don’t Know 4 8

Total 50 100

3.3. What is the availability of lawyers’ services that are free of charge?


Available 29 58

Not Available 19 38

Don’t Know 2 4

Total 50 100

3.4. What is the availability of services by paralegals and non-lawyers?


Available 30 60

Not Available 13 26

Don’t Know 7 14

Total 50 100

3.5. What roles do paralegals play in resolving justice problems?

Roles of Paralegals Frequency Percentage

Providing Legal Advice 2 4

Ensuring Justice 7 14

Don’t Know 34 68

No Response 6 12

Prividing awareness raising 1 2

Total 50 100

4.Access to a Justice Institution

Regarding access to justice institution, 44% responded that it is not easily accessible to the court

where as 40% siad it is eaisly accessible to the court. Moreover, majority 84% of respondents have

heard about paying for accessing the justice institution and 37% of respondents have experience

regarding payment of accessing the justice institution. However, there are also 16% of respondents

who have never heard about the cost and 66% also did not experience that. Regarding time taken to

resolve justice problem, only 2% said it is quick and 12% said it is normal. Although majority of

respondents 76% respondend that it does not take vey long to resolve, 8% said it takes a long time.

4.1. Is it accessible to the court in resolving justice disputes or problem?


Accessible 20 40

Not Accessible 22 44

Don’t Know 8 16

Total 50 100

4.2. Have you ever heard about the costs of accessing the justice institution? Have you ever experienced?


Never Heard 8 16

I Heard 42 84

Total 50 100

4.3. How quickly are justice problems resolved?


Takes A long Time 4 8

Don’t Take A long Time 38 76



No 33 66

Yes 17 34

Total 50 100

Normal 6 12

Quick 1 2

Don’t Know 1 2

Total 50 100

Respondents also mentioned many obstacles preventing citizens from bringing justice before the

justice institution. Among various obstacles, money is believed as main obstacle by 22% of

respondents and the second main obstacles stated are fear and weakness of the court according to

each 12% response. Besides, delay or suspension is described as one obstacle by 10% of respondents.

However, bribery is mentioned only by 6% of respondents and power/authority is stated by only 2%.

Another intresting finding is that 6% of respondents said that lack of legal knowledge is main obstacle

preventing citizens from bringing justice before the justice institution. Nevertheless, 22% of key

informants still respondeded that they have no idea regarding obstacles.

4.4. What obstacles prevent citizens from bringing justice before the justice institution?


Money 11 22

Power /Authority 1 2

Bribery 3 6

Delay 5 10

Lack of Legal Knowledge 3 6

Fear 6 12

Don’t Know 11 22

No Response 4 8

Weakness of the court 6 12

Total 50 100

5.Fair Procedures

Almost all of respondents, 96%, believes that citizens have the right to present arguments and call

witnessess before the justice system. And only 2% think that there is no such right. Likewise, 90% of

respondents believes that citizens have right to reasoned decision that can be reviewed by higher

tribunal. And 4% thinks that there is no that right and 6% said they don’t know. Similarly to the cost

of accessing justice institution, majority 62% of respondents have heard about paying money to lodge

an appeal. And 26% said they have never heard and 12% said they have no idea. Regarding the time

taken for an appeal to be heard, majoirty 60% said that they don’t know how long it takes for an appeal

to be heard and only 40% could respond month taken for appeal to be heard. Thoroughly looking at

those 40%, 2% said it takes 1 month, another 12% said 2 months and another 10% said it takes 3

months. Each 2% aslo stated that it takes 4 months, 5 months and 6 months respectively.

5.1. Do citizens have the right to present arguments and call witnessess before the justice system?


Yes 48 96

No 1 2

Don’t Know 1 2

Total 50 100

5.2. Have you ever heard about paying money to lodge an appeal?


Yes 31 62

No 13 26

Don’t Know 6 12

Total 50 100

5.3. Do citizens have a right to reasoned

dicision that can be reviewd by a

higher tribunal? Or Do citizens have

right to lodge an appeal after

judgement?


Yes 45 90

No 3 6

Don’t Know 2 4

Total 50 100

5.4. What is the time taken for an appeal to be heard?


Don’t Know 30 60

A Month 6 12

Two Month 6 12

Three Month 5 10

Four Month 1 2

Five Month 1 2

Six Month 1 2

Total 50 100

The Labour Organization Law

6.Legal Framework

90% of respondents said that Myanmar has laws protecting labor’s rights although only 10% of

respondents know section 24 of 2008 Constitution that assigns government to enact necessary laws

to protect the rights of workers. 6% of respondents do not know the existence of laws protecting

labours rights and majority 86% do not know the section 24 of Myanmar constituion.

6.1. Does Myanmar has laws protecting labours’ rights?


Exist 45 90

Not exist 2 4

Don’t Know 3 6

Total 50 100

6.2. Do you know section 24 of Constitution?


I Know 5 10

Don’t Know 43 86

No Response 2 4

Total 50 100

Despite 74% of respondents have heard about the labour organization law, only 6% know the law well

and 5% know slightly. As 68% of respondents do not know the law, 14% have not ever even heard

about the existence of the labour organization law.

6.3. Have you ever heard about the Labour Organization Law?


Yes 37 74

No 5 10

Don’t Know 7 14

No Response 1 2

Total 50 100

Knowing Labor Organization Law


Know 3 6

Know Slightly 5 10

Don’t Know 34 68

No Response 8 16

Total 50 100

Although only 74% have ever heard about the labour organization law, 88% responded that the

formation of labor organization is legally allowed. Besides, 68% of respondents said they know that

internal labor unions can connect and cooperate with international labors federations. Only 8% do not

know that the formation of labor organization is legally allowed and 6% of respondets do not know

that internal labor unions can connect and cooperate with international labors federations. 26% did

not respond the question of knowing that internal labor unions can connect and cooperate with

international labors federations.

6.4. Is formation of labor organizations legally allowed?


Allowed 44 88

Not Allowed 1 2

Don’t Know 4 8

No Response 1 2

Total 50 100

6.5. Do you know that internal labor unions can connect and cooperate with

international labors federations?


Know 34 68

Don’t Know 3 6

No Response 13 26

Total 50 100

Majority 82% of respondents said they did not know the withdrawal of 1926 The Trade Unions Act and

only 8% said that they were aware of repealing 1926 The Trade Unions Act as in section 58 of the

labour organization law. Likewise, only 10% of respondents said that they are aware of contitnued

application of the Trade Dispute Act. With 52% of those who did not know this ongoing application of

some sections of the Trade Dispute Act, 4% also said they were not aware of that.

6.6. Are you aware of withdrawal of 1926 The Trade Unions Act?


Withdraw 4 8

Not Withdrawn 4 8

Dont Know 41 82

No Response 1 2

Total 50 100

6.7. Are you aware of that the trade dispute act can still be applied?


Aware 5 10

Not aware 2 4

Don’t Know 26 52

No Response 17 34

Total 50 100

7.Legal Framework

Regarding the definiton of lobor stated in section 2(a) of the Labor Organization Law, 22% of

respondnets said they know the definition and 8% said they know slightly. However, majority 66% of

respondents said they did not know the definition as described in the law and 4% did not respond the

question.

In assessing respondents’ understanding on public utility services, most of respondents which is more

than 50%, did not understand public utility services defined in the labour ogranzations law according

to the survey. The highest percent is transportation as 36% of respondents mentioned transportation

as one of businesses embraced in public utility services. The second busines 32% of respondent could

mention is business relating to communication and the third one that 26% stated is buniness of

production, transmission and distribution of electricity or fuel energy to the public. Night Solid

Disposal or Sanitation Business (Municipal Affairs and Public Health) also is described by 18% of

respondents as public utility service. However, other important businesses namely Pulic Financial

Services and Petroleum or Petroleum Products Distribution Business for the public were mentioned

only by each 6% respondents. The lowest awareness is on business stipulated occasionally by the

Union government as the public utility service that is responded by 2%.

As section 3(b) of the labor organization describes that every workers have the right to join as a

member in labor organization formed according to the category of trade or activity relating to them,

48% of respondents said they know that right and 20% said they don’t know. The rest 32% did not

respond the question. As mentioned above, though 48% know the right to join as member in relevent

labor organization, only 24% know that minmum 30 members is required by law to form the labor

organization. And only 12% of respondnets know minimum requirement of recommendations from

10% of all related workers. The rest over 76% did not know those requirements in forming labor

organization.

7.3. Do you know that every workers have

the right to join as a member in labor

organization formed according to the

category of trade or activity relating to

them? (3b)


I Know 24 48

Don’t Know 10 20

No Response 16 32

Total 50 100

7.4. How does basic labor organization can be formed? What is minimum members requirement? What is required minimum recommendations? (4a)


Don’t Know 38 76

Know 12 24

Total 50 100

What is minimum members requirement?


No Response 38 76

30 Members 12 24

Total 50 100

Minimum Recommendations required


Don’t Know 44 88

10% of all related workers 6 12

Total 50 100

There are two national organizations concering labors, Labour Federation and Myanmar Labour

Organization. However, majority 82% of respondents did not know the difference between these two

bodies. Only 8% know well and 4% said they know just slightly.

7.5. What is the difference between Lablour Federation and Myanmar labour

confederation?


Know Well 4 8

Don’t Know 41 82

Know Slightly 2 4

No Response 3 6

Total 50 100

Section 11(a) of labour organization law mentions any labour organization formed under the category

of relating trade or activity need to register in township register. And most of respondents which is

64% said they are aware of this and 36% said they don’t know. Furthermore, if desirous to seperate

from labour organization joined, section 15 requires to register in township register. As mentioned in

the law, 64% also said they know and 34% said they don’t know this requirement to register in

township level if desirous to seperate from labour organization joined.

7.6. Does labor organization need to register in township level? (11a)


Yes 32 64

Don’t Know 18 36

Total 50 100

7.7. Does it need to apply to township register if a lobour organization desire

to re-secess from the labour organization joined? (15)


Require 32 64

Not require 1 2

Don’t Know 17 34

Total 50 100

Regarding requirement to submit annual financial report after froming labour organization, 62% of

respondents said it is required and 34% said that they don’t know. Only 4% said it is not required.

7.8. Is labor organizations required to submit annual finacial report?


Reqire 31 62

Not Require 2 4

Don’t Know 17 34

Total 50 100

Another important section protecting labour right is section 18 which grantees members of labour

organization not to be dismissed with the reason of joining labour organization. 80% of respondents

said they lobour organizations have the right to demand employer to reappoint the worker dismissed.

But, 4% said not having such right and 16% said they don’t know to the question.

7.9. If a member of lobor union is dismissed by the employer, does the union has right demand to reappoint? (18)


Have Right to demand 40 80

No Right to demand 2 4

Don’t Know 8 16

Total 50 100

Regarding going on strike, 44% of respondents are aware of the requirement to inform beforehand.

But, only 4% could mention employer as one place to inform and 2% mentioned township labour

organization as another place to inform although it is described in law to inform to employer and to

relevant conciliation body. The rest 50% said they don’t know where to inform and 44% even did not

respond the question. However, there are many obstacles preventing workers to prior inform to go

on strike. 18% of respondents said one obstacle as section 18 ( of Peaceful Procession and Assembly

Law) and another 18% mentioned governmetal departments’ blocking. Other obstacles stated

includes fear by 6%, police by 4% and employer 1%. Nevertheless, majoirity of respondents 30% did

not respond and 20% said they don’t know the obstacle.

Notice: Most of respondents who answered “don’t know” are confused this with section 18 of

peaceful procession and assembly law. Therefore, they responded that it needs to inform and seek

permission to go on strike from ward administrators, township administrator and police office.

7.10. Do you know that it is required to inform in advance for labor organization desirous to go on strike? Where does it be informed? (39) (Not included public utility service)


Required 22 44

Not Required 2 4

Don’t Know 10 20

No Response 16 32

Total 50 100

Where does it be informed?


Township Labour Organization 1 2

Don’t Know 25 50

No Response 22 44

Employer 2 4

Total 50 100

7.11. What are obstalces preventing to inform beforehand to go on strike?


Employer 1 2

Government Departments’ blocking 9 18

Fear 3 6

Don’t Know 11 22

No Response 15 30

Section 18 9 18

Police 2 4

Total 50 100

Regarding undertanding strike and demonstration, only 26% of respondents said they know the

difference bwteen demonstration and strike while 40% of respondents did not know the difference.

Besides, 32% of respondents did not respond this question. As stated in the section 41 of the labour

organization law, those who said they know illegal strike or lock-out are 34% and who know slightly

are 12%. However, there still are 48% who did not know what is illegal strike and lock-out described

in the law.

7.12. Do you know difference between demonstration and strike?


Know 13 26

Don’t Know 20 40

No Response 16 32

Know Slightly 1 2

Total 50 100

7.13. Do you know illegal strike or lock-out? (41)


I Know 17 34

Don’t Know 24 48

Response 3 6

Know Slightly 6 12

Total 50 100

According to the survey, only 22% of respondents said enhancing knowledge on the labour

organization is availble and 58% thinks it is not available. Besides, only 26% were aware of legal

education on the labour organization law through media while 60% were not aware of that. The result

is even worse for legal education in local language because there are only 2% who said enhancing

knowledge on the labour organization law in local language is available. Majority 76% of respondents

said enhancing knowledge in local language is not available and 20% did not know the existence of

such program. In researching obstacles faced, 26% said the governemnt itself is obatacle in providing

legal knowledge on the labour organizationlaw to the public. Another 16% mentioned lack of provider

of such service and nother 14% said employers are one obstacle in providing knowledge on the labour

organization law. While 12% mentioned “other obstacle” not included in the categories, 8% of

respondents stated financial hurdle as one obstacle. Nevertheless, respondents also provided some

suggestions to solve those obstacles. 36 % of respondents said raising awareness on the relevant law,

16 % mentioned to increase media coverage and 10% said cooperation with the state on this issue.

2% suggested to take multiple actions at the same time to enhance legal knowledge on the labour

organization law.

7.14. What is the availability enhancing knowledge on the lobour organization law?


Available 11 22

Not available 29 58

Don’t Know 9 18

No Response 1 2

Total 50 100

7.15. Are you aware of legal education on the labor organization

law through media?


Aware 13 26

Not aware 30 60

Don’t Know 7 14

Total 50 100

7.16. Is it available legal education on the labor organization law in local language?


Available 1 2

Not Available 38 76

Don’t Know 10 20

No Response 1 2

Total 50 100

7.17. What are obstacles in providing legal education on the labour organization law

to the public? How could it be worked out?


Employer 7 14

Government 12 24

Other 6 12

Lack of Provider 8 16

Don’t Know 8 16

No Response 4 8

Financial hurdle 4 8

Lack of interest 1 2

Total 50 100

How could it be worked out?


Rasing Awareness 18 36

Covering through media 8 16

Don’t Know 4 8

No Response 14 28

Apply multiple actions 1 2

Cooperation with the State 5 10

Total 50 100


Regarding accessiblity of legal advice on the labour organization law, 46% siad it is easily accessible to

obtain while 44% said not accessible to obtain such advice. However, regarding lawyers service that is

free of charge for labour affairs, majority 56% said it is availalble. Likewise, service by paralegals and

non-lawyers also responded as available by 68% of respondnets.

8.1. Is it easily accessible to obtain legal

advice on the labor organization law?


Accessible 23 46

Not accessible 22 44

Don’t Know 5 10

Total 50 100

8.2. What is availability of lawyers service that are free of charge for labour affairs?


Available 28 56

Not available 17 34

Don’t Know 5 10

Total 50 100

8.3. What is the availibility of services regarding the labour organization law by paralegals and non-lawyers?


Available 34 68

Not available 9 18

Don’t Know 7 14

Total 50 100

9. Access to Justice

Concering access to justice, most of respondendts 62% believed that labour disputes are resolvable

by reconciliation tribunal while only 20% said not resolvable. On the other hand, only 30% of

respondents thougth that disputes are resolvable in informal/civil court or justice institution. Though

18% said it is resolvable in informal court, majority of respondents 53% selected “don’t know” and

“No Response” options. Furthermore, another important finding is 76% of respondents, which is

majority, did not know what can be carried out if someone is dissatisfied with the decision of chief

register rejecting register or nullyfying register. Only 6% know thoroughly and 16% know slightly what

to carry on in this situation.

9.1. Are labour disputes resolvable by reconciliation tribunal?


Resolvable 31 62

Not resolvable 10 20

Don’t Know 8 16

No Response 1 2

Total 50 100

9.2. Do you know that labour disputes are resolvable in informal/civil court or

informal justice institution?


Resolvable 15 30

Not resolvable 9 18

Don’t Know 10 20

No Response 16 32

Total 50 100

9.3. Do you know what can be continued doing for dissatisfaction with the chief register’s decision of

rejecting register and nullifying register?


Know thoroughly 3 6

Don’t Know 38 76

Know Slightly 8 16

No Response 1 2

Total 50 100

According to the respondents, 42% said they know well to what can be carried on if a worker is

dismissed from work because of joining the labour organziation or forming labour organization or

going on strike. There are also 18% who know what to carry on slightly. However, there are also 38%

who do not know what to do in this situation.

Likewise, 44% said they know well to what shall be legally carried out if employer in non-public

utility services dismisses a worker without 14 days prior notice. 18% also know this slightly.

However, 34% of respondents do not know what can be legally acted in this situation.

9.4. What shall be legally carried out if employer in non-public utility services

dismisses a worker without 14 days prior notice? (37)


Know Well 22 44

Don’t Know 17 34

Know Slightly 9 18

No Response 2 4

Total 50 100

9.5. What can be carried on if it is believed that a worker is dismissed from work because of joining labor organization

or forming labour organization or going on strike?


Know Throughly 21 42

Don’t Know 19 38

Know Slightly 9 18

No Response 1 2

Total 50 100

10. Fair Procedure

Regarding a worker going on strike, although majority of respondents know that a worker shall not be

dismissed for going on strike, there still are 10% who said that worker shall be dissmissed. And another

16% did not know if the worker shall be dismissed or not for going on strike. Concering the situation

where employer taken action send an appeal, 32% did not say anything to the question of who will be

responsible person for the loss or sufferings while 20% did not know the responsible person in the

situation. Nevertheless, 26% of respondents said employer himself/herself is responsible for the loss

and sufferings and another 8% said government is responsible. Intesresting finding is that another 8%

also mentioned the fact that there is no one taking responsibility. However, there are also 4% who

think labour unions as responsible body and 2% think that social welfare and security department is

responsible for the loss and sufferings.

10.1. Shall a worker be dismissed for going on strike?


Yes 5 10

No 36 72

Don’t Know 8 16

No Response 1 2

Total 50 100

10.2. Who will be responsible for the loss or sufferings of labours when employer taken action send an appeal?


Employer 13 26

Government 4 8

Social Welfare/Security 1 2

No one take responsible 4 8

Don’t Know 10 20

No Response 16 32

Labour Unions 2 4

Total 50 100

According to law, reconciliation tribunal can decide to compensate or to reappoint a worker dismissed

if the dismissal is found unfair. Majority of respondents,72%, said decision to give compensation to

the worker unfairly discharged is more upright decision. Howver, 28% did not think compensation as

a more decent decision. Regarding reappointment, 60% of respondents which is lower than 72% of

respondent supporting compensation decision said reappointment is more upright. However, 40% did

not think it is upright judgement.

............................................................................................................................. ..................................

Key Findings: Anti-Corruption Law


Survey on the awareness on the anti-corruption law was conducted in Dawei township in Taninthari

region, Myitgyina township in Kachin State, Mawlamyine in Mon state and Taunggyi, Pinlon, Lashio,

Sisai, Hopone, Kyaukme and Naungcho townships in Shan state respectively. Total sample of 49 key

informants/respondents from 10 townships have been interviewed in person by well-trained

interviewers.

As survey was conducted in 3 states and 1 region making up majority 43% from Shan state, 20%

from Kachin state and each 18% from Taninthayi region and Mon state. Tenderly looking at

respondents, percent of male respondents are larger than female respondents, 69% male and 31%

female. By age, most of the respondents are middle age between 31 to 50 years making up 47% and

young people under age 30 accounts for 16% of all. Besides, 30% of respondents aged above 51 also

took part in the survey.

Township


Dawei 9 18

Myitgyina 10 20

Taunggyi 2 4

Pinlon 4 8

Sisai 3 6

Mawlamyine 9 18

Lasho 5 10

Hopone 2 4

Kyautme 3 6

Naungcho 2 4

Total 49 100

Age of Respondent


18-24 4 8%

25-30 4 8%

31-40 10 20%

41-50 13 27%

51-60 8 16%

61 and above 7 14%

No Response 3 6%

Total 49 100%

Township

Region/ State Frequency Percentage

Taninthayi Region 9 18%

Kachin State 10 20%

Shan State 21 43%

Mon State 9 18%

Total 49 100%

Gender


Female 15 30.6

Male 34 69.4

Total 49 100.0

By respondent’s occupation, the biggest group 20% are business persons and their repsresentatives

or staff, 16% are political leaders/members of parliaments and another 16% are leaders of social

groups or communitiy based organization. Farmers/farmer unions and labors/labor unions comprise

8% in total. lawyers and justice staff making up 8% and village administrators/elders 8% also

represented in this survey. Interesting thing is that 8% of eligious leader also paticipated in the

study.

When looking at respondents by their affiliated organization, total 70% of respondents are affiliated

with one of these organizations described in the list of category. Among them, the largest group 28%

are from civil society organizations or community based organizations, and it is followed by

governemnt institutions 14% and political parties 14%. A total of 8% are from the three main

religious organizations specifically christian, buddhist and islam organizations respectively. There are

also 4% who are self-employed in the study. Concerning postions at work, they survey included all

respondents with various level of positions at work making up staff 18%, business owners 16% and

members in organizations 16%. Together with members of parliament 6%, ledearship level namely

chairman/president/founders and general secretary of organizations represented 14 % of total

respondents.

2%

2%

2%

6%

6%

6%

8%

14%

16%

16%

20%

0% 5% 10% 15% 20% 25%

Judicial Staff (n=1)

Farmers and Farmer Union (n=1)

No Response (n=1)

Village Administrators and Elders (n=3)

Lawyer (n=3)

Labors and Labor Union (n=3)

Religious Leaders (n=4)

Leaders of Civil Society Organizations (n=7)

Leader of Social Groups or CBO (n=8)

Political Party Leader/ Members of…

Business Person and Staff (n=10)

Occupation of Respondents(n=49)

Organizatons of Key Informants

Organizations Frequency Percentage


2 4

Budhist Organization

1 2

Islam Organization

1 2

Government 7 14

Politcal Party 7 14

CSOs and CBOs 14 28

Self-employed 2 4

No Organization

15 30

Total 49 100

Positions at Work

Position at Work Frequency Percentage



Members 8 16

Labors 2 4

Local In Charge 4 8

Founders 3 6

Members of Parliament

3 6

Pastors and Religius Affliated Staff

2 4

Staff 9 18

Business Owners 8 16

Abbot or Head of Monastry

1 2

No Position 5 10

Total 49 100


4%

Budhist Organization

2%Islam

Organization2%

Government14%

Politcal Party14%

CSOs and CBOs29%

Self-employed4%

No Organization31%

ORGANIZATION OF RESPONDENTS (N=49)

By looking at the ethnic background of respondents, it is found out that respondents from 13 ethnic

groups were surveyed. And majority ethnic groups in the survey are bamar and kachin each

accounting for 20% and the second biggest group dawei 16% is followed by the particiation of mon

ethnic respondents 12%. Besides, a numbers of ethnic minorities namely Taung-yo, Myaung-si, Da-

nu, Wa, Pa-Oh, Shan and Karen also took part in the survey totalling 14% of all respondents.

General Awareness

2. legal frameworks

In assessing general legal awareness of respondents, majoirty 76% of respondents said that there

are laws clearly protecting rights of citizen. Nevertheless, only 41% could mention the laws and

majority 57% did not know which laws are out there to protect rights of citizens. Besides, laws they

mentioned are “constitutions”stated by 18%, “constitution and other laws” are stated by 6% and

“other laws” are by 18% of respondents. Therefore, it can be concluded that most of respondents

could not express the laws which they think clearly protect the rights of citizens.

1.1. Are there any laws that clearly protect rights of citizen?


Yes 37 76

1.1.1. If exists, which laws do you know?


Constitution 9 18

2%

2%

2%

2%

2%

2%

2%

6%

10%

12%

16%

20%

20%

0% 5% 10% 15% 20% 25%

Kayin (n=1)

Shan (n=1)

Wa (n=1)

Da-Nu (n=1)

Myaung-Zi (n=1)

Taung-Yo (n=1)

Mon Bamar Mixed (n=1)

Islam (n=3)

Pa-O (n=5)

Mon (n=6)

Dawei (n=8)

Kachin (n=10)

Bamar (n=10)

Ethnicity Of Respondents(Total=49)

No 5 10

Don’t Know 7 14

Total 49 100


3 6

Other laws 9 18

Don’t Know 28 57

Total 49 100

Similarly in the existence of customary pratices, although 67% of respondents said that there are

customary law and practices protecting rights of citizen, 51% could not state the name. 20%

mentioned Myanma Customary law, 16% pointed out indiginous customary laws and another 8%

stated relegion related laws as customary pratices/laws protecting rights of citizens. However, there

still are 14% of respondents who said there is no such customary laws to protect citizen rights.

1.2.Are there any customary laws and pratices that clearly protect citizens’

rights?


Yes 33 67.3

No 7 14.3

Don’t know 9 18.4

Total 49 100.0

1.2.1.If yes, which customary laws and practices do you know?


Myanmar Customary Law

10 20.4

Religion related Laws

4 8.2

Indiginous Customary Laws

8 16.3

Don’t Know 25 51.0

Other 2 4.1

Total 49 100.0

Regarding comfortableness of reading laws, majority 82% said it is not easy to read and only 10%

said that it is easy. Reasons of diffculty reading laws are described as usuage of complicated words

by 27% of respondents and lack of clarity and simplicity by 22% of respondents. There are also

another 20% who selected “other” options for reason not described specifically in the category.

Furthermore, 29% of respondents which also is a big group in the survey did not even know if it is

easy or not reading laws.

1.3.Is it easy to read laws?


Easy 5 10.2

Not easy 40 81.6

Don’t know 3 6.1

No Response

1 2.0

Total 49 100.0

If not easy, why?

Reasons Frequency Percentage

Usage of difficult words or terms

14 28.6

No clarity and simplicity

11 22.4

Other 10 20.4

No Response 14 28.6

Total 49 100.0

It is found out that 37% of respondents think that laws are being actively applied and equally

another 37% also believes that laws are not being actively applied. Interesting finiding is that

majority 84% of respondents said there is informal justice institution to solve the justice problems

while only 7% said there is no informal justice institution. Besides, unlike in previous question, there

is only 2% who responded that they did not know to the availability of informal justice institution

that solves the justice problems.

1.4.Do you think laws are active and being applied?


Apply 18 36.7

Not apply 18 36.7

laws illused or abused

7 14.3

Other 3 6.1

Don’t know 3 6.1

Total 49 100.0

1.5.Is there any informal justice institution to solve the justice problem?


Yes 41 83.7

No 7 14.3

Don’t know 1 2.0

Total 49 100.0

Easy10%

Not easy82%

Don’t know

6%

No Response 2%

IS IT EASY TO READ LAW?(=49)

20%22%

29% 29%

0%

5%

10%

15%

20%

25%

30%

Other No clarityand

simplicity

Usage ofdifficult

words orterms

NoResponse

If not easy, why? (n=49)

3. legal knowledge

Assessing general legal knowledge of respondents, it is found out that there are six sources of

accessing legal information. Among them, print media rated the highest by 57% of respondents’

selections. Radio and televison followed as the second highest rated source by each 27%

respondents. And internet source also is agreed with 22% of respondents as one source of legal

information. Then 20% of respondents said that education training as well is a source of legal

information for the respondents. Though it is few, 10% of respondents also choose the catagoy of

acquantances and busineses as their one source of legal information.

2.1 How do you know or access legal information?

Access through Internet


No 38 77.6

Yes 11 22.4

Total 49 100.0



No 21 42.9

Yes 28 57.1

Total 49 100.0

Access through Radio


No 36 73.5

Yes 13 26.5

Total 49 100.0

Through Use of Television


No 36 73.5

Yes 13 26.5

Total 49 100.0

Through Education Trainings


No 39 79.6

Yes 10 20.4

Total 49 100.0

Through Accquantances/Business


No 44 89.8

Yes 5 10.2

Total 49 100.0

Regarding knowlege on functions of justice system and justice actors, functions of lawyers is the

most known and total 39% of respondents said they know the functions of lawyers well and 35% of

respondents said that they also know the functions of formal justice system and the court. Functions

of paralegal is the least known among other functions and stated by 27%. Alternatatively, majority of

71% of respodents do not know the functions of paralegals, 61% do not know the functions of

formal justice system. Besides, 57% siad they aslo do not know even functions of lawyers which is

the most known questions. Similiarly, there are 55% who do not know the functions of the court

acoording to the result.

22%

57%

27%

27%

20%

10%

16%

Sources of legal Information (n=49)

Internet(n=11)

Print Media (n=28)

Radio (n=13)

Television (n=13)

Trainings (n=10)

Acquantaces/Workplace(n=5)

35%39%

27%

35%

61%57%

71%

55%

0%

10%

20%

30%

40%

50%

60%

70%

80%

Functions of the formalJustice system

Functions of lawyers Functions of the paralegals Functions of the court

Knowledge on Functions of Justice Institution and Actors (n=49)

I Know Don't know

22. Do you know functions of formal

justice system?

Response Frequency

Percentage

I Know 17 34.7


No Response 1 2.0

Know Slightly 1 2.0

Total 49 100.0

2.3.Do you know functions of lawyers?


I Know 19 38.8


No Response 2 4.1

Total 49 100.0

2.4.Do you know functions of paralegals?

Response Frequency

Percentage

I Know 13 26.5


Know Slightly 1 2.0

Total 49 100.0

2.4. Do you know functions of the court?

Response Frequency

Percentage

I Know 17 34.7


Know Slightly 5 10.2

Total 49 100.0

With regard to enchancing knowledge by state and non-state actors, majority 67% of respondents

said that there is enhancing legal knowledge by state and non-state actors. And only 27% said no.

However, regarding educating in local laguages, only 29% of respondents said that legal educations

are provided in local languages and majority 67% said no training are available in local languages.

2.5 Are there legal educations provided in local languages?

Response Frequency

Percentage

Yes 14 28.6

No 33 67.3

Don’t Know 2 4.1

Total 49 100.0

2.6. Are there state and non-state actors undertaking to enhance legal knowledge?

Response Frequency

Percentage

Yes 33 67.3

No 13 26.5

Don’t Know 3 6.1

Total 49 100.0

Furthermore, level of legal information disseminated by the state was rated as not good by majority

of respondents 57%. 25% of respondents rated the level as average and only 8% said good to the

level of the state’s distribution of information. There are also 10% who did not know what to rate to

the level of government’s dissemination of information according to the survey result.

2.7. How would you rate the level of legal information dissimitation by the

state?

Response Frequency

Percentage

Good 4 8.2

Average 12 24.5

Not Good 28 57.1

Don’t Know

5 10.2

Total 49 100.0

Regarding media used to dissiminate legal information, print media is the most selected by 76% of

respondents which is the highest rate among other sources. And radio and television also have the

high rate of response accountingfor 51% televion and 50% radio. The third highest media used to

dissiminate legal information is internet and makes up 22% of respondents. Besides, 10% of

respondents said that awareness raising trainings are also used to dissiminate legal information.

There are only 12% of those answered “I don’t know” in the survey.

2.8. What media are used to dissiminate legal information?


No 38 77.6

Yes 11 22.4

Total 49 100.0


No 12 24.5

Yes 37 75.5

Total 49 100.0

Good8%

Average25%

Not Good57%

Don’t Know10%

HOW WOULD YOU RATE THE LEVEL OF LEGAL INFORMATION

DISSIMINATION BY THE STATE? (N=49)

Awareness Raising Frequency

Percentage

No 44 89.8

Yes 5 10.2

Total 49 100.0


No 26 53.1

Yes 23 46.9

Total 49 100.0

Television Frequency Percent

No 24 49.0

Yes 25 51.0

Total 49 100.0

Don’t Know Frequency Percent

No Response 43 87.8

Don’t Know 6 12.2

Total 49 100.0

Main obstacles to raising legal awarness of citizens are discovered as mainly as lack of awareness

raisings and it is responded by most 37%, departmental weakness or disturbance is mentioned by

25% of respondents, language by 6%, difficulty accessing legal books is by 4% and bribery is

mentioned by 4%. 10% of respondents also selected “other” category to express obstacles not

included in the categories. There are also 14% who could not respond this question. Despite

obstacles exist, majority 57% of respondents believed that obstacles can be resolved to some extent

by creating awareness trainings said by 27% , enhancing rule of law by 10%, and free from

intervention or disturbance of government that was answered by another 10% of respondents.

Moreover, 6% of respondents also believed that legal information dissimination from ward/village

level as one way to overcome obstacles and another 4% aslo suggested to hold “talks” on the issue

to overcome obstacles.

Internet(n=11)

Print Media(n=37)

Radio(n=23) Television

(n=25) AwarenessTrainings

(n=5)

Don’t Know (n=6)

22%

76%

47% 51%

10% 12%

Media Used to Disseminate Knowledge of Anti-Corruption (n=49)

2.10. What are the main obstacles to raising

legal awareness of citizens? How to

overcome obstacles?

Obstacles Frequenc

y Percen

t

Departmental Weakness/Disturbance

12 24.5

Bribery 2 4.1

No Awareness Raising 18 36.7

Difficult Access to legal books

2 4.1

Language 3 6.1

Other 5 10.2

No Response 7 14.3

Total 49 100.0


Response Frequency Percent

Talks 2 4.1

Awareness Trainings

13 26.5

legal Information Dissimination From Village/Ward Level

3 6.1

No Response 21 42.9

Free from Governmennt’s Disturbance or Intervention

5 10.2

Enhancing Rule of Law

5 10.2

Total 49 100.0

4%

4%

6%

10%

14%

24%

37%

0% 5% 10% 15% 20% 25% 30% 35% 40%

Bribery

Difficult Access to legal books

Language

Other

No Response

Departmental Weakness/ Disturbance

No Awareness Raising

What are main obstacles to raising legal awareness of citizens? (n=49)


Regarding the availability of legal advice and representation, more than half of respondents

answered positively. According to the study, majority 67% of key informents responded that

organizatons offering legal advice are existing and only 22% said not existing. Likewise, 65% of

respondents also think that lawyers offering legal advice and representation to citizens are available

and only 29% thinks not available. Similarly, response to the availability of services by paralegals and

non-lawyers are also positive with 57% who responded available and 25% those who said not

available. Regarding lawyers serive that is free of charge, although there is 51% who think that it free

lawyers service are available, there are also 41% who don’t think that such free service by the

lawyers are available.

3.1.What is the availability of organizations offering legal advice to

citizens?


Available 33 67.3

Not Available 11 22.4

Don’t Know 4 8.2

No Response 1 2.0

Total 49 100.0

3.2.What is the availability of lawyers offering legal advice and

representation to citizens?


Available 32 65.3


Don’t Know 3 6.1

Total 49 100.0

3.3. What is the availability of lawyers’ services that are free of

charge?


Available 25 51.0


Don’t Know 4 8.2

Total 49 100.0

3.4. What is the availability of services by paralegals and non-

lawyers?


Available 28 57.1


Don’t Know 9 18.4

Total 49 100.0

On the subject of the roles of paralegals played in resolving justice problems, the largest 47% said

that they do not know the roles the paralegals play. On the other hand, 25% of respondents think

that providing legal advice is the role of paragal and another 20% also think that ensuring justice as

the role of paralegals. One interesting finding is that fighting against bribery is said to be a role of

paralegals and it is responded by 4% . There is only 4% who did not respond this question.

3.5. What roles do paralegals play in resolving justice problems?


Providing Legal Advice 12 24.5

Ensuring Justice 10 20.4


No Response 2 4.1

Fighting against bribery 2 4.1

Total 49 100.0

5. Access to a Justice Institution

Regarding accessibility to justice institution, majority 61% of respondents said that it is accessible to

the court in resolving justice disputes while 37% said the court is not accessible. Besides, almost all

of respondents 98% said they have heard about the cost accessing the justice institution although

only 20% had experienced. With regard to the time taken in resolving justice problem, 16% of

respondent said that it takes a long time while majority 63% said that it does not take a long time.

There are also 14% who said it takes normal and 6% who did not know.

4.1.Is it accessible to the court in resolving justice disputes or problem?


Accessible 30 61.2

Not Accessible 18 36.7

Don’t Know 1 2.0

Total 49 100.0

4.2.Have you ever heard about the costs of accessing the justice

institution? Have you ever experienced?


Never Heard 1 2.0

I Heard 48 98.0

Total 49 100.0

4.3. How quickly are justice problems resolved?


Takes A long Time 8 16.3

Doesn’t Take A long Time

31 63.3

Normal 7 14.3

Don’t Know 3 6.1

Total 49 100.0



No 39 79.6

Yes 10 20.4

Total 49 100.0

It is found out by 33% of respondents that money is main obastacle preventing citizens from bringing

justice before the justice institution. Lack of knowlege and mistrust also were mentioned as obstacles

by each 16% of respondents. Other obstalces mentioned includes bribery by 10% respondents, the

delay in the process by 6% respondents, power or authority by 4% respondents and fear by 2%

respectively. There are also 12% of respondents who did not know the obstacles protecting citizens

from bringing justice before justice institution.

4.4. What obstacles prevent citizens from bringing justice before the justice institution?


Money 16 32.7

Power /Authority 2 4.1

Bribery 5 10.2

Delay 3 6.1

Lack of Legal Knowledge 8 16.3

Fear 1 2.0

Don’t Know 6 12.2

Mistrust 8 16.3

Total 49 100.0

6. Fair Procedures

Regarding fair procedures in the justice system, almost all of respondents that is 98% believes that

citizens have the right to present arguments and call witnessess before the justice system and there

was no respondents anwered against with this. Likewise, 94% of respondents also think that citizens

have a right to reasoned decision that can be reviewed by a higher tribunal or lodge an appeal.

However, 65% of respondents siad that they have ever heard about paying money to lodge an appeal.

Nevertheless, there are also 20% who have never heard about paying money to lodge an appeal and

14% those who do not know about that. Concerning the time taken for an appeal to be heard, majority

of respondents 67% said they do not know the time taken while 8% said one month, another 8% said

two month and another 8% responded three month. Another 4% responded that it takes six month

for an appeal to be heard and every 2% also said that it takes four month and five month respectively.

5.1.Do citizens have the right to present arguments and call witnessess

before the justice system?


Yes 48 98.0

Don’t Know 1 2.0

Total 49 100.0

5.3.Have you ever heard about paying money to lodge an appeal?


Yes 32 65.3

No 10 20.4

Don’t Know 7 14.3

Total 49 100.0

5.2. Do citizens have a right to reasoned dicision that can be reviewd

by a higher tribunal? Or Do citizens have right to lodge an appeal after

judgement?


Yes 46 93.9

No 2 4.1

Don’t Know 1 2.0

Total 49 100.0

5.4. What is the time taken for an appeal to be heard?



A Month 4 8.2

Two Month 4 8.2

Three Month 4 8.2

Four Month 1 2.0

Five Month 1 2.0

Six Month 2 4.1

Total 49 100.0

Knowledge on Anti-Corruption Law

7. Legal Framework

Regarding the legal framework of anti-corruption law, although majority of respondents 84% believes

that corruption is legally prohibited in Myanmar, fewer than 84%, 63% said laws fighting against

corruption are available in Myanmar. As 6% said that corruption is not legally prohibited and 10% of

respondents also did not know if it is legally prohibited or not. Besides, 25% of respondents also did

not know whether laws against corruption are available in Myanmar.

6.1.Is corruption legally prohibited in Myanmar?


Yes 41 83.7

No 3 6.1

Don’t Know 5 10.2

Total 49 100.0

6.2.Are laws available to fight against corruption?


Available 31 63.3



Total 49 100.0

Moreover, majority 60% of respondents said they have heard about anti-corruption law and only 25%

of respondents have never heard about anti-corruption law. However, there are only 8% who knows

about anti-corruption law thoroughly and 10% who know the law slightly. Majority 51% said they don’t

know about the law and 31% did not even respond the question.

6.3.Have you ever heard about anti-corruption law? If yes, what do you

know about anti-corruption law?


Yes 29 59.2

What do you know about anti-corruption law?


KnowThoroughly 4 8.2

No 12 24.5

Don’t Know 6 12.2

No Response 2 4.1

Total 49 100.0



No Response 15 30.6

Total 49 100.0

According to the survey, majority of respondents 61% said that they are aware of the existence of

anti-corruption comission while 31% said that they are not aware of that. Among 61% who are aware

of the existence of anti-corruption comission, 10% know thoroughly about the commission and 14%

know slightly. There are also 30% who did not respond this question. Likewise, 45% said that they do

not know their level of awareness on anti-corruption commission.

6.4. Are you aware of the existence of Anti-Corruption Commission? If yes, please tell your level of awareness?


Yes 30 61.2

No 15 30.6

Don’t Know 4 8.2

Total 49 100.0

Level of Awareness


Know Throughly

5 10.2



No Response 15 30.6

Total 49 100.0

It is believed by majority 53% of respondents that there is corruption case resolved outsite the court

while 16% said no to the question. 31% of respondents said that they don’t know whether there is

KnowThoroughly8%

Don’t Know51%Know Slightly

10%

No Response31%

What do you know about anti-corruption law? (n=49)

coruption case settled out of the court. Regarding the 1948 Suppression of Corruption Act, question

asked mainly to lawyers and justice staff only, 6% of respondents said they know well that the 1948

Suppresson of Corruption Act is still alive. And the rest 80% who are not relevant with the question.

6.5. Is there any corruption case resolving outside the court?


Yes 26 53.1

No 8 16.3


Total 49 100.0

6.6. Is the 1948 Suppression of

Corruption Act still alive? (To ask

lawyers and justice staff only)


Know Well 3 6.1

Don’t Know 7 14.3

No Need To Respond

39 79.6

Total 49 100.0

7. Legal Knowledge

The definition of bribery is descbribed in section 2(a) as “ Bribery means after misusing his designation, and authorized person to do something, to refrain from doing legally, to give benefit legally to someone or to prohibit untruly the benefit deem right legally or doing directly or indirectly the bribes from relevant person for giving, receiving, obtaining, attempt to obtain, offering, promising, discussing for him or for other person or for organization;”. According to the survey, 89% of respondents said that they know the definition of corruption or bribery well and only 12% of respondents said they don’t know. Furthermore, majoirty of 78% said that they know also the definition of bribe well while only 18% did not know the definition. However, the definition they know might not be exactly the same as described in the law.

Yes53%

No16%

Don’t Know31%

Is there any corruption case resolving outside the court? (n=49)

7.1.Do you know the definition of corruption/bribery?


Know Well 43 87.8

Don’t Know 6 12.2

Total 49 100.0

7.2.Do you know the definition of bribe?


Know well 38 77.6

Don’t Know 9 18.4

Know Slightly 1 2.0

No Response 1 2.0

Total 49 100.0

It is also found out that majority 92% of respondents think that corruption can prosper or make wealth

and only 8% was aganist with this. Regarding the declaration of properties, 43% of respondents think

that authorized personnels and political power holders do not have to declare or submit their money

and properties while 33% think they have to declare their properties. There are also 25% of

respondents who do not know that it has to be done. However, it is described to declare properties in

section 49(a) of anti-corruption law.

7.3. Can corruption prosper or make wealth?


Yes 45 91.8

No 4 8.2

Total 49 100.0

7.4. Do authorized personnals and political power holders have to declare or submit their money

and properties? (49a)


Yes 16 32.7

No 21 42.9


Total 49 100.0

With regard to enhancing knowledge on anti-corruption law, majority 80% of respondents said that

there are no any awareness rasings or educaiton training on anti-corruption law while only 10% said

there was awareness raising on this law. Besides, 74% of respondents said that they are not also aware

of enhancing knowledge on anti-corruption law through media. 16% of key informants reponded that

they were aware of hightening legal knowledge on this anti-corruption law through media. Each 10%

did not know both awareness rasing and knowledge improving on this law through media.

7.5. Is there any awareness raising or education training on anti-

corruption laws?


Yes 5 10.2

No 39 79.6

Don’t Know 5 10.2

Total 49 100.0

7.6. Are you aware of enhancing knowledge on Anti-Corruption Law

through media?


Yes 8 16.3

No 36 73.5

Don’t Know 5 10.2

Total 49 100.0

Futhermore, knowledge enhancing on anti-corruption law in local languages was responded by

majority 84% as not existing and only few percent of 4% said that it is existig. Another 12% also said

they do not know whether traninings on local laguages are provided or not.

92% 33%8% 43% 25%0%

10%

20%

30%

40%

50%

60%

70%

80%

90%

100%

Can corruption prosper or make wealth? Do authorized personnals and political power holdershave to declare or submit their money and properties?

Opinion on Declaration of Propertities and Corruption's ability to make wealth

Yes No Don't Know

7.6. Is there enhancing knowledge in local languages on anti-

corruption law?


Yes 2 4.1

No 41 83.7

Don’t Know 6 12.2

Total 49 100.0

Regarding obstacles faced in enhancing knowledge on anti-corruption law, the main obstacle that 41%

of respondents mentioned is authority. Another 18% pointed out lack of understanding on law and it

is followed by 14% of lack of intrest. Another 6% also mentioned money as one obstacle and the most

interesting answer is livelihood difficulty as one obstacle, however it is mentioned only by 2% of

respondents. In overcoming those obstacles, most of the respondents 37% did not respond this

question and 6% said they do not know. On the other hand, 26% of respondents mentioned to resolve

this with national level plan and 22% stated to conduct awareness raisings. Another 8% mentioned to

increase media coverage and few 2% suggested enhancing legal knowledge through library.

7.7. What are obstacles in enhancing knowledge on anti-corruption law? How do you think to solve them?


Authority 20 40.8

Livelihood Difficulity

1 2.0

Not Undertanding Law

9 18.4

Don’t Know 3 6.1

No Response 6 12.2

No Interest 7 14.3

Money 3 6.1

Total 49 100.0

How do you think to solve them?


Awareness Raising Trainings

11 22.4

Don’t Know 3 6.1

No Response 18 36.7

Covering in media

4 8.2

By National level Solution or Plan

12 24.5

Library 1 2.0

Total 49 100.0

Yes4%

No84%

Don’t Know12%

Is there enhancing knowledge in local laguages on anti-corruption law? (n=49)


According to the finding, 41% of respondents said there is no accesibility of legal services in lodging

the corruption complaint while majoirty 53% said there is accessiblity of legal services in lodging the

corruption complaint. Nethertheless, regarding the avilalibility of lawyer’s free serives for corruption

complaints, majority of respondents 65% said it is not available and only 18% said that it is available.

16% of respondents stated that they do not know whether lawyer’s free services are available for

corruption complaints.

8.1.What is the accessibility of legal services in lodging the corruption

complaint?


Access 26 53.1

8.2.What is the availability of lawyer’s service that is free of charge

for corruption complaints?


Available 9 18.4

2%

6%

6%

12%

14%

18%

41%

0% 5% 10% 15% 20% 25% 30% 35% 40% 45%

Livelihood Difficulity

Don’t Know

Money

No Response

No Interest

Not Undertanding Law

Authority

What is obstacles in enhancing knowledge on anti-corruption law? (n=49)

2%

6%

8%

22%

24%

37%

0% 5% 10% 15% 20% 25% 30% 35% 40%

Library

Don’t Know

Covering in media

Awareness Raising Trainings

By National level Solution or Plan

No Response

How do you think to solve obstacles? (n=49)

No Access 20 40.8

Don’t Know 3 6.1

Total 49 100.0


Don’t Know 8 16.3

Total 49 100.0

Similarly, 49% of respondents said that there is no availability of serives by paralegals and non-lawyers

on anti-corruption law. And 29% of respondents said it is available. However, there are 20% who do

not know the availability of services by paralegals and non-lawyers on anti-corruption law.

8.3. What is the availibility of services regarding anti-corruption law by

paralegals and non-lawyers?


Available 14 28.6



No Response 1 2.0

Total 49 100.0

9. Access to Justice Institution

Regarding access to justice institution, majority of respondents 69% said that corruption cases can be

lodged and 14% said it can not be lodged. Besides, there are 16% who do not know whether corruption

cases can be lodged or not. However, only 31% of respondents said that they know well about how to

lodge the corruption complaints and 6% said they know slightly. Nevertheless, there is 25% who did

not know how the corruption complaint can be sent.

9.1. Can corruption cases be lodged? (16L, 44)


Can be lodged 34 69.4

Cannot be lodged 7 14.3

Don’t Know 8 16.3

Total 49 100.0

9.2.If it can be complaind, how can the information be sent and the complaints be

lodged? (44)


Know Well 15 30.6

Dont’t Know 12 24.5

No Need ToRespond 9 18.4

No Response 10 20.4

Know Slightly 3 6.1

Total 49 100.0

29%

49%

20%

2%

0%

10%

20%

30%

40%

50%

60%

Available NotAvailable

Don’t Know NoResponse

Availability of Service Rearding Anti-Corruption Law by Paralegals

and Non-Lawyers (n=49)

Majoirty 69% of respondents said that there are obstacles and 10% said there are difficulities in

complaining about corruption case. Few 4% of respondents said thare is no obstacles and 14% said

they do not know whether there is obstacle or difficulties in complaining about corruption cases.

Regarding Hluttaw representatives misusing the power to the designation, 74% of respondents said

that they do not know how to lodge the complaint. And only 20% of respondent could mention as to

relevant Hluttaw for the complaint regarding Hluttaw representatives to be lodged as it is described

in section 43(b) of anti-corruption.

9.3. Are there obstacles and difficulities in complaining about corruption case?

Reponse Frequency Percent

Have Obstacles 34 69.4

No Obstacles 2 4.1

Don’t Know 7 14.3

Know Slightly 1 2.0

Have Difficulty 5 10.2

Total 49 100.0

9.4.How can the complaint be lodged for Hluttaw representaives misusing the

power relating to the designation? (43b)

Relevant Hluttaw Frequency Percent

No Response 39 79.6

To Relevant Hluttaw

10 20.4

Total 49 100.0

Don’t Know


No Response 13 26.5


Total 49 100.0

If political post holders and authorized personnels commit bribery, 65% of respondents said those

political post holders and authorized personnels committing bribery can be imprisoned and only 6%

of respondents said those can not be imprisoned. However, there are also 39% of respondents who

do not know whether political post holders and authorized personnels shall be imprisoned or not if

they commit bribery.

9.5.If political post holders and authorized personnels commit bribery, can they be punished

with imprisonment?

Response Frequency

Percent

Can be imprisoned

32 65.3

Cannot be imprisoned

3 6.1

Don’t Know

14 28.6

Total 49 100.0

0% 20% 40% 60% 80%

Can be imprisoned

Cannot be imprisoned

Don’t Know

65%

6%

29%

If political post holders and authorized personnels committ bribery, can they be

punished with imprisonment? (n=49)

10. Fair Procedures

Regarding fair procedures, 49% of respondents do not think the complaint will be taken the real action

if the sufferer himself/herself lodges the complaint. 35%, however, think that the complaint shall be

taken action. There are also 16% who can not respond the question of whether the complaint will be

acted or not. Nevertheless, 71% of respondents said that they know well how the false complaint sent

to defame others will be tackled while only 25% said they do not know about how the false complaint

to be decided.

10.1.Do you think the complaint will be taken real action if the sufferer inform?


Yes, I think 17 34.7

No I don’t Think 24 49.0

Don’t Know 8 16.3

No Response 49 100.0

10.2. How will it be tackled if the false complaint is sent to defame others?


Know Well 35 71.4


No Response 2 4.1

Total 49 100.0

Regarding an appeal sent by those taken action, majority 82% of respondents said that those who are

taken action have the right to make an appeal while only 8% said that those have no such right of

making an appeal. There are aslo 10% who do not know if there is such right for those taken action.

10.3. Is there right to make an appeal after being taken action?


Yes 40 81.6

No 4 8.2

Don’t Know 5 10.2

Total 49 100.0

Know Well71%

Don’t Know25%

No Response4%

How will it be tackled if the false complaint is sent to defame other? (n=49)

Know Well Don’t Know No Response

11. Enforceable Solution

According to the finding relating to enforceable solution, most of respondents 41% do not know that

bribery case is cognizable offence under section 69 of the anti-corruption law. Besides, 20% of

respondents think that it is non-cognizable offence. However, there are 39% who know that the

bribery case is cogziable offcense as it is stated in the anti-corruption law.

Regarding the authorities or powers of the Anti-corruption Commission, majority respondents 78%

said they know that the commision has the right to form investigation team. However, with regard to

the power to pass an order for sealing money and property during investigation period, fewer

respondents, 47%, said that the commission the right to pass such order to seal the money and

property. Again with the another power of the commission that is to pass an order to confiscate the

money and property as the state property, only 31% know that the commission has the power to pass

order to confiscate the money and the property as the state property. Alternatively, the percent of

respondents who do not know the powers of the commission increases as the questions get more

difficult. 18% do not know the power to form investigation team, 33% do not know the power to pass

sealing order on the property and 41% do not know the authority of the commission to pass order for

confiscating the property as the state property.

11.2.Do you think that Anti-corruption Commission has the power to form

investigation team? (16a)


Yes, I think 38 77.6

No, I don’t 2 4.1

Don’t Know 9 18.4

Total 49 100.0

11.3.Does the commision has the authority to pass order for sealing money and property during investigating period?

( 17d )


Yes 23 46.9

No 10 20.4


Total 49 100.0

11.1.Are bribery or corruption cases cognisable offense or non-cognisable

offense? (69)


Cognisable offense

19 38.8

Non-cognisable offense

10 20.4


Total 49 100.0

11.3.Does the ACC has the power to pass order for confiscating money and property

as state property? (17i)


Yes 15 30.6

No 14 28.6


Total 49 100.0

The most interesting finding is obstacles and difficulities that the anti-corruption law shall not resolve.

According to the survey result, 33% of respondents said that they agree with the presense of obstacles

and difficulities that can not be taken action by the anti-corruption law. 22% of respondents

mentioned fear and 16% stated abuse of law as obstacles. Another 12% described the issue of lack of

legal knowledge and 4% said money as an obstacle and difficulity. Only a very few 2% raised the

important issue of security/safty of Complainant. However, 10% of respondents said they are not

aware of obstacles and difficulities that the anti-corruption law can not fulfil.

4%

20%

29%

18%

33%

41%

0%

5%

10%

15%

20%

25%

30%

35%

40%

45%

Power to form investigation team Power to pass order for sealing theproperty

Power to pass order for confiscatingthe property as the state property

Knowing The Power of Anti-Corruption Commission

No Don't know

11.4. Are there obstacles and difficulities that can not be taken action or solved by

Anti-Corruption Law?


Fear 11 22.4

Lack of Legal Knowlege

6 12.2

Don’t Know 5 10.2

Money 2 4.1

Abuse of Law 8 16.3

Agree with the question

16 32.7

Security/Safty of Complainants

1 2.0

Total 49 100.0

............................................................................................................................. ....................................

0% 5% 10% 15% 20% 25%30%

35%

Security/Safty of Complainants

Money

Don’t Know

Lack of Legal Knowlege

Abuse of Law

Fear

Agree with the question

2%

4%

10%

12%

16%

22%

33%

Are there obstacles and difficulities that can not be resolved by Anti-Corruption Law? (n=4)

Recommendations

On Justice

Ensure that rights and correlative legal protections are recognized and incorporated in

the law, improving the responsiveness of the justice system;

Improve unhindered access to justice systems and thereby empower them to achieve

de jure and de facto equality;

Ensure that the professionals of justice systems handle cases in a fair manner;

Ensure the independence, impartiality, integrity and credibility of the judiciary and the

fight against impunity;

Tackle corruption in justice systems as an important element;

Revise the rules on the burden of proof in order to ensure equality between the parties

Cooperate with civil society and community-based organizations to develop

sustainable mechanisms;

On availability of Justice Systems

Ensure the creation, maintenance and development of courts, tribunals and

additional entities, as needed, that guarantee the rights of access to justice

without discrimination on the whole territory of the State party, including in

remote, rural and isolated areas.

Ensure that rules on standing allowed groups and civil society organizations

with an interest to lodge petitions and participate in the proceedings; and

Establish an oversight mechanism by independent inspectors to ensure the

proper functioning of the justice system

On accessibility of Justice Systems

Remove economic barriers to justice by providing legal aid and by ensuring

that fees for issuing and filing documents as well as court costs are reduced for

people with low income and waived for people living in poverty;

Remove linguistic barriers by providing independent and professional

translation and interpretation services when needed; provide individualized

assistance for illiterate people in order to guarantee their full understanding of

the judicial or quasi-judicial processes;

Develop targeted outreach activities and distribute information about available

justice mechanisms, procedures and remedies in various formats, and also in

community languages such as through specific units

Establish justice access centres, such as “one-stop centers”, which include a

range of legal and social services, in order to reduce the number of steps that

a person has to take to access justice

On Good Quality

Ensure that justice systems are of good quality and adhere to international

standards of competence, efficiency, independence and impartiality, as well as

to international jurisprudence;

Adopt indicators to measure access to justice;

Ensure an innovative and transformative justice approach and framework

including, when necessary, investing in broader institutional reforms

Implement mechanisms to ensure that evidentiary rules, investigations and

other legal and quasi-judicial procedures are impartial and not influenced by

stereotypes or prejudice

On Accountability

Create a specific entity to receive complaints, petitions and suggestions about

all personnel supporting the work of the justice system, including social, welfare

and health workers as well as technical experts;

Ensure that cases of identified discriminatory practices and acts by justice

professionals are effectively addressed through disciplinary and other

measures;

Develop effective and independent mechanisms to observe and monitor

access to justice in order to ensure that justice systems are in accordance with

the sound principles that include the periodical audit/review of the autonomy,

efficiency and transparency of the judicial, quasi-judicial and administrative

bodies taking decisions affecting civilian rights;

On Provision of Remedies

Provide and enforce appropriate, timely remedies for discrimination against any person

and ensure that all persons have access to all available judicial and non-judicial

remedies;

Ensure that remedies are adequate, effective, promptly attributed, holistic and

proportional to the gravity of the harm suffered.

Access to Justice in Myanmar: Land, Labor and Anti-Corruption Legislations · 2018-01-10 · The...

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