Current Practice of Victim Remedy in Myanmar Mr. Thet Lwin (on behalf of my Director General) Law Officer Grade-3 Union Attorney General’s Office Myanmar 1

Outlines I. Legal System of Myanmar II. Current Practice in Myanmar III. Challenges and Future Prospects in Myanmar 2

I. Legal System of Myanmar  Based on Common Law Legal System, but not a replica of Common Law Legal System  Legal principles of common law _ justice, equity and good consciousness to give the legal remedy and protection  Also, Section 13 (1) of the Burma Laws Act 3

Current Practice in Myanmar Statutory Basic _  Constitution _  Section 347 of the Constitution provides that _  “The Union shall guarantee any person to enjoy equal rights before the law and shall equally provide legal protection. ” 4

 Criminal Law _ Compensation Remedies for Trafficked Victims  In Section 33 of TIP Law 2005 _  (may) Pass an order to pay damages to the trafficked victim from the money confiscated or from the proceeds of sale of property or form the fine  Unless passing, can sue for civil suit for damages in accordance with Civil Procedure Code  The Court has to pass judgement/decision of the amount of damages upon the values of suit 5

In case of Penal Code - rush and negligence _ Section 279 (rush driving or riding on public way), Section 337 (causing hurt by act endangering life or personal safety of others), Section 338 (causing grievous hurt by act endangering life or personal safety of others), and Section 304-A (causing death by negligence)  In Section 23 of the Motor Vehicles Law 1964 _  The Court has to pass an order to pay damages to victims injured by the above-mentioned criminal cases  Moreover, can sue civil suit for damages - 6

 The above-mentioned provisions are only to provide remedies to the injured person  As of providing remedies to the accused person _  The Narcotic Drugs and Psychotropic Substances Law 1993 (rehabilitation) Section 10 and 11  The Child Law 1993 and Rules 2001  General Exceptions of the Penal Code _ See _ Chapter IV  The Prevention and Protection of Violence Against Women Law (Draft) _ related to provide the injured person (only women) See - Chapter 17 7

Precedential Basic _ Precedential Basic _  Selected judgement for 2014 law report _ It is one of the first and foremost ruling for Victim Remedies  Covers for all victims in criminal cases  In this case, the Supreme Court of the Union held that _  The victim has to be entitled to compensation/ damages  Not only for trafficking in persons case but also for other criminal cases. 8

Administrative Basic _  In accordance with the TIP Law 2005_  The Central Body shall carry out _  After coordination with the relevant department, organizations and non-governmental organizations  For _  The repatriation of trafficked victims,  The reintegration into the mainstream of the society  The resettlement and rehabilitation the trafficked victims 9

III. Challenges and Future Prospects in Myanmar  Need to practice effectively both existing statutory legal framework and precedential framework  Need to enact the clearly consolidated provisions for victim remedies  If practicing and enacting, surely will be good future prospects in Myanmar for victim remedies 10

Thank You 11