Saturday, February 23, 2013

And the justices come rolling in... (Myanmar/Burma)

Almost six months after the Constitutional Tribunal members resigned, Myanmar looks like it will get new tribunal members. The President, Pyithu Hluttaw, and Amyotha Hluttaw have submitted nominations. The list includes:
  • Retired Attorney-General’s Office Deputy Director-General U Myint Win (P);
  • Legal Advisor to the President U Than Kyaw (P);
  • Deputy Director-General of the Ministry of Foreign Affairs Daw Hla Myo Nwe (P);
  • Retired Director-General of the Union Supreme Court U Mya Thein (PH);
  • Notary Public Advocate and Supreme Court advocate U Mya Thein (PH);
  • Notary Public Advocate and Supreme Court advocate U Myint Lwin (PH);
  • Retired Director-General of Union Attorney-General’s Office U Tin Myint (AH);
  • Retired Deputy Director-General of Union Attorney-General’s Office Daw Kyin San (AH);
  • Retired Director of the Union Attorney-General’s Office U Myo Chit (AH).
According to Radio Free Asia, the first Mya Thein will likely be the court's chief justice (although RFA's article lists him as a former Supreme Court chief justice, so I would treat its report with some skepticism). RFA does quote a Pyithu Hluttaw MP as stating that the (first) Mya Thein should become the new chief justice due to his experience managing the Supreme Court.


While we're awaiting more details about the nominees' backgrounds, it seems that each nominating branch had very specific standards for its nominees. The president nominated executive branch officials, including an official from the Ministry of Foreign Affairs. The Pyithu Hluttaw seems to have sought individuals with experience in the Supreme Court, while the Amyotha Hluttaw nominated individuals who served in the Attorney-General's office. 

As expected, the president drew heavily from the executive branch, but why did the two chambers of the legislature differ so drastically in their appointments? Did the speakers of the Amyotha and Pyithu Hluttaw coordinate their nominations, or do the nominations represent the different institutions of the two chambers? Perhaps we'll learn more once the tribunal begins functioning again.

The last case on the tribunal's docket was a petition from the Mon chief minister. We'll see if the tribunal takes that case up again.

Here is the original New Light of Myanmar article:

Proposed members of constitutional tribunal unveiled

Nay Pyi Taw, 21 Feb-Thura U Shwe Mann, Speaker of Pyithu Hluttaw, notified the parliament of the President’s message to the Pyidaungsu Hluttaw Speaker on formation of the Constitutional Tribunal of the Union.

The proposed members-three by the President, three by the Pyithu Hluttaw Speaker and three others by the Amyotha Hluttaw-of the new tribunal are retired Attorney-General’s Office Deputy Director-General U Myint Win, Legal Advisor to the President U Than Kyaw, Deputy Director-General of the Ministry of Foreign Affairs Daw Hla Myo Nwe, Retired Director-General of the Union Supreme Court U Mya Thein, Notary Public Advocate U Mya Thein, Notary Public Advocate U Myint Lwin, Retired Director-General of Union Attorney-General’s Office U Tin Myint, Retired Deputy Director-General of Union Attorney-General’s Office Daw Kyin San and Retired Director of the Union Attorney-General’s Office U Myo Chit.

Parliamentarians are to file complaints, if any, with firm evidences by 23 February afternoon.-NLM

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