11th November, Nay Pyi Taw
H.E. Dr. Thida Oo, the Union Minister for Ministry of Legal Affairs and Attorney General of the Union, as well as the Chairperson of the ASEAN Law Association (ALA)(Myanmar) attended the 42nd ASEAN Law Association Governing Council meeting virtually on 11th November. U San Lwin, the Deputy Minister and Deputy Attorney General, as well as the Vice-Chairperson of the ALA (Myanmar), U Kyaw Kyaw Naing, the Secretary of ALA (Myanmar) and Director General, Dr. Swe Swe Aung, the Joint-secretary of ALA (Myanmar) and Director General, Daw Tin Nwe Soe, member of ALA (Myanmar) and Director General of the Supreme Court of the Union, Dr. Khin Chit Chit, member of ALA (Myanmar) and Pro-rector of Yangon University, Dr. Khin Phone Myint Kyu, member of ALA (Myanmar) and Professor of the Department of Law from Yangon University and responsible persons from ALA (Myanmar) also attended the meeting.
During the meeting, H.E. Dr. Thida Oo, the Union Minister for Ministry of Legal Affairs and Attorney General of the Union, discussed that being a member state of the ASEAN, Myanmar respects for ASEAN Charter and adheres to its responsibilities; in order to implement ASEAN aims: strengthening rule of law, judiciary systems and legal infrastructures, Myanmar joined ASEAN Law Association in 2012 and ASEAN Law Association(ALA) (Myanmar) was formed in 2013 and reformed in 2021; the ALA(Myanmar) is chaired by the Union Minister for Ministry of Legal Affairs and Attorney General of the Union and it is formed with judicial officers, law officers, lawyers and professors of the department of law from universities; the State Administration Council reformed the Union Coordinating Body for Rule of Law and Justice Sector Affairs chaired by the Union Minister for Mimstry of Legal Affairs and Attorney General of the
Union and comprising 14 members; the Union Coordinating Body for Rule of Law and Justice Sector Affairs implements Strategic Plans 2019-2022 for “Justice for People”; the Bar Council Law is amended on 28th October and the Bar Council of Myanmar is chaired by the Union Minister for Ministry of Legal Affairs and Attorney General of the Union. In addition, she said that Myanmar collaborates with ASEAN countries to develop ASEAN Community-building and regional cooperation and actively participates in ASEAN Law Ministers Meeting (ALAWMM) and ASEAN Senior Law Officials Meeting (ASLOM).
On 3 August 2021, the Office of the Attorney General of the Union was, under section 419 of the Constitution of the Republic of the Union of Myanmar, reformed as the Ministry of Legal Affairs in order to manage legal matters effectively in Myanmar; the Ministry of Legal Affairs vets and advises on drafts of laws, rules, regulations, by-laws, orders, directives and procedures submitted b the Union Level Organisations and the relevant Ministries; after receiving legal advice from the Ministry of Legal Affairs, the Union Level Organisations and the relevant Ministries have to submit the drafts to the Security, Peace and Stability and Rule of Law Committee and discuss them to obtain the approval from the Union Government meeting; after obtaining approval, the State Administration Council promulgates the law; the Ministry of Legal Affairs publishes Code of Ethic for e Law Officers, Fair Trial Standards Guidebook, Legislative Drafting Guidance and Guideline on Scrutinizing Joint Venture Agreement and Land Lease Agreement; Myanmar Law Information System (MLIS) website was established in 2018 in order that public can easily access legal information; the Arbitration Law was enacted in 2016 that covers domestic and international arbitration; the Supreme Court of the Union issued the Procedures on application for Authentication or Certified Copy regarding Domestic Arbitration by Notification no. 42/2021; Myanmar ratified ASEAN E-commerce Agreement in 2018; Myanmar is implementing Digital Economy Road Map 2018-2025, E-commerce Association of Myanmar has been formed and E-commerce Law is being drafted as a part of implementation process of ASEAN Economic Community Visions.
It is noted that the approval for the minutes of 41st ALA Governing Council Meeting; determination of the proposal to extend the terms of the President and the Secretary-General of ASEAN Law Association; the approval for ASnLI Annual Report 2021 and ASnLI Workplan 2022; presentation on the best practice for enforcing Arbitration in ASEAN countries; and enhancing implementation of ASEAN legal instruments are closely discussed in the 42nd ASEAN Law Association Governing Council meeting.
(MOLA’s News)