Law of Myanmar

Burmese law is based on common law, and is characterised by significant legal pluralism, with state law coexisting with various customary justice systems across the diverse nation. The legal system of Myanmar (formerly Burma) is a complex, due to significant historical influences, including ancient customary laws, British colonial imprints, and post-independence legislative and judicial developments. Myanmar stands out as the only majority Buddhist country to have developed and maintained a court-enforced system of family law (called Burmese customary law) for Buddhists.

Decades of Socialist and military rule has eroded the country's legal institutions. Myanmar's legal system has been characterised by a severe and systematic absence of the rule of law, rampant corruption, and human rights abuses, particularly since the 2021 Myanmar coup. In 2024, it ranked 138th across 142 countries, in the World Justice Project's Rule of Law Index. Beyond state law, ethnic armed organisations (EAOs) often apply their own justice systems and laws in contested areas.

History

The foundations of Myanmar's legal system can be traced back to the Bagan dynasty (9th to 13th centuries), primarily transmitted through palm-leaf manuscripts:

• Dhammathat (ဓမ္မသတ်, customary laws): These ancient legal treatises, often influenced by Buddhist and traditional principles, governed family matters such as marriage, divorce, and inheritance.
• Yazathat (ရာဇသတ်, royal edicts): These were decrees issued by the monarchs, reflecting the centralised authority of the pre-colonial kingdoms.
• Phyat-hton (ဖြတ်ထုံးjudicial decisions): Records of legal decisions made by judges and monarchs also contributed to the legal framework.

Pre-colonial Burma had one of the most advanced legal systems in Asia, as "the only country between Japan and the Middle East to develop a legal profession independently of European influence." Lawyers, known as shay-nay (ရှေ့နေ့, lit. 'placed in front'), emerged between the 800s to 1550. Beginning in the 16th century, King Anaukpetlun issued royal edicts to regulate the legal profession.

British rule in Burma (1824-1948) fundamentally reshaped the legal landscape. British common law principles were introduced, leading to the codification of laws, many of which mirrored those in British India. The Myanmar Penal Code, enacted in 1861, is largely identical to the Indian Penal Code. The Burma Laws Act of 1898 mandated that courts apply the religious law of the parties — for Buddhists, Hindus, Muslims, and Christians —to civil matters like succession, inheritance, and marriage. From this development, Burmese customary law (then known as Burmese Buddhist law) emerged. This colonial imposition, often created a disjuncture with existing indigenous legal traditions.

After gaining independence in 1948, Burma (now Myanmar) inherited the common law legal system as its basis. In 1962, after the 1962 Burmese coup d'état, the socialist Revolutionary Council abolished the post-independence judicial system and re-aligned it with socialist principles. In 1974, under the new Constitution, a new system of courts under the Central Court, was established. This system was designed to be subservient to the socialist state and the Burma Socialist Programme Party (BSPP), which became the country's sole legal political party.

In 1988, the military junta, the State Law and Order Restoration Council transformed the socialist judicial system, by enacting the Judiciary Law, and re-established the Supreme Court and High Courts. In 2000, the military junta reformed the court system was yet again. In 2010, under the 2008 constitution, the country adopted its present-day judicial system.

Following the 2021 Myanmar coup d'état, the Burmese military introduced a number of measures that further eroded rule of law and an independent judiciary, including a suspension of habeas corpus, the right to legal due process. After declaring martial law in large parts of the country, the military has used military tribunal courts to try civilians, despite prohibition of this practice by international law. Lawyers have also been threatened, intimidated and arbitrarily arrested by officials.

Legal system and institutions

In 2023, Myanmar had 492 courts, 1,497 judicial officers, and 4,470 staff. The Burmese judicial system is structured with four tiers of courts:

• Union Supreme Court: the court of final appeal
• High Courts of the Regions and States: regional appellate courts.
• Courts of Self-administered Division, Courts of Self-administered Zone, and District Courts: intermediate courts

• Township Courts: the lowest tier of the state judiciary, handling most civil and criminal cases

The country also has special courts, including the Constitutional Tribunal of Myanmar, to resolve constitutional matters, as well as juvenile and motor vehicle courts.

The procedural aspects of civil and criminal cases are largely governed by the Code of Civil Procedure 1909 and the Code of Criminal Procedure 1898, respectively. The Evidence Act outlines the principles for evidence in judicial proceedings.

Legal professions

The Burmese legal system comprises judges, judicial officers, and lawyers (advocates and pleaders). Lawyers in Myanmar are certified and regulated by the Myanmar Bar Council (MBC) and Regional Bar Councils. Burmese universities offer 5-year Bachelor of Laws (LL. B) programs, alongside master and doctorate programs.

Law enforcement

Main articles: Law enforcement in Myanmar and Myanmar Police Force

After the 2021 military coup, the Office of the Attorney General was reconstituted as the Ministry of Legal Affairs.

International treaties

Myanmar is party to several multilateral treaties, including the UN Charter and human rights treaties, including Convention on the Elimination of all Forms of Discrimination against Women; the International Covenant on Economic, Social and Cultural Rights; the Convention on the Rights of the Child and its Optional Protocols; and the Genocide Convention.

See also

• Constitution of Myanmar
• Burmese customary law
• Human rights in Myanmar