J. Myanmar Acad. Arts Sci. 2021 Vol. XVIV. No.

THE SIGNIFICANCE OF INTERNATIONAL LAW FOR THE MINIMUM

AGE OF MARRIAGE IN MYANMAR
Zin Mar Htoo1

Abstract
Child marriage or early marriage is a phenomenon that affects many countries. The causes of child
marriage are various and complex. The impacts of child marriage which threaten child’s health,
growth, education, social development and increase the risk of exposure to violence and abuse. Child
marriage is a violation of human rights and is prohibited by various international conventions such
as the Convention on the Rights of the Child (CRC) and the Convention on the Elimination of All
Forms of Discrimination against Women (CEDAW). The State parties need to take into account the
best interest of the child. Then it is necessary to establish a minimum age of marriage in order to
reduce the occurrence of early marriage. Domestic Laws should comply with international
conventions ratified by the country. Myanmar is a member of CRC and CEDAW. This paper will
explain how Myanmar’s domestic laws on minimum age of marriage address Myanmar’s
international legal obligations in child marriage.
Keywords: Child, Child marriage, International Law and Minimum age of marriage.

Introduction
The legal framework of marriage in Myanmar is complex. According to Section 13 of the
Burma Laws Act, 1898, the customary laws have the force of law. The Burma Laws Act included
customary law for religious communities: Buddhists, Christians, Mahomedans and Hindus. All of
these customary laws establish a marriageable age but they are not identical. The definitions of
child are different under the various areas of law in Myanmar. Pursuant to the Article 1 of the
Convention on the Rights of the Child (CRC), 1989, a child means every human being below the
age of eighteen years unless under the law applicable to the child, majority is attained earlier.
Regarding child marriage, Art.16(2) of CEDAW states that the marriage of a child shall have no
legal effect, and all necessary action, including legislation, shall be taken to specify a minimum
age for marriage. Under the old Child Law, 1993, the definition of child is not conformity with the
CRC and CEDAW. Myanmar has ratified both CRC and CEDAW. In order to specify a uniform
minimum age of marriage in Myanmar, the new Child Rights Law was enacted by the Pyidaungsu
Hluttaw in 2019. This research will examine Myanmar’s domestic laws on minimum age of
marriage and enforcement of laws relating to child marriage in practice and compare with relevant
international conventions.

Materials & Methods

In drawing up this research, the domestic laws of Myanmar relevant to issues of minimum
age of marriage including the Child Rights Law, 2019, the Myanmar Buddhist Women’s Special
Marriage Law, 2015, Myanmar Customary Law, The Christian Marriage Act, 1872, The Hindu
Marriage Act, 1955 and Principles of Mahomedan Law are studied together with the relevant
International Conventions such as Convention on the Elimination of All Forms of Discrimination

1
Dr., Associate Professor, Department of Law, University of Yangon.
192 J. Myanmar Acad. Arts Sci. 2021 Vol. XVIV. No.8

against Women (CEDAW) 1979 and Convention on the Rights of the Child (CRC) 1989 which
were ratified by Myanmar.

Causes and Impacts of Child Marriage

According to The United Nations Children’s Fund (UNICEF)’s June 2019 report,
12 million girls are married before they turn 18 every year, and, in the developing world, one in
nine girls is married before they turn 15. Around the world, 650 million girls and women alive
today were married before they were 18.1
Child marriage is a far-reaching issue that affects not only the lives of the children who are
married, but also the lives of those around them. When girls marry young, before their minds and
bodies are fully developed, they often become pregnant long before they are ready. Pregnancy is
the number one cause of death among girls aged 15-19 worldwide. Child marriage also reinforces
the gendered nature of poverty, with limited education and skills bringing down the potential of
the girl, her family, her community and her country. These impacts extend throughout a girl’s adult
life and into the next generation.2
In all regions of the world, the causes of child, early and forced marriage (CEFM) are
complex, interrelated and tightly interwoven with social and economic circumstances and the
cultural context. Gender inequality, poverty and insecurity in the face of war and conflict are some
of the conditions identified as drivers of CEFM.3
Changes in circumstances, such as natural disasters and other emergencies, can lead to the
increasing rate of child marriage in the practice. Weak and sometimes contradictory legislation,
poor enforcement of existing laws and the coexistence of multiple legal systems within countries
quite often make the fight to eliminate the causes of child, early and forced marriage (CEFM) even
more challenging. In some countries, including several in the Asia-Pacific region, both statutory
and religious law regulates marriage, in often inconsistent or contradictory ways.4
Similarly, there are causes of child marriage in Myanmar. In order to prevent child
marriage, there should be a full and comprehensive approach which addresses the root causes of
child marriage and an effective legal system for the reduction of child marriage.
When early marriage occurs to girls, they tend to miss important aspects of their lives
particularly education and development. There are various aspects that girl children are expected
to attend to, that are deemed more important to them, other than schooling. For instance, girls are

1
Katie Taylor, (2019), Child Marriage: Facts from around the World, (World Health Organization).
https://www.worldvisionadvocacy.org/2019/07/31/the-facts-on-child-marriage/ [accessed 27 July 2020]
2
Ravi Verma, Tara Sinha & Tina Khanna, (2013), Asia Child Marriage Initiative: Summary of
Research in Bangladesh, India and Nepal, P.5, (Plan Asia Regional Office).
https://www.icrw.org/publications/asia-child-marriage-initiative-summary-of-research-
findings-in-bangladesh-india-and-nepal/ [accessed 10 August 2019]
3
Inter-Parliamentary Union (IPU) and World Health Organization (WHO), (2016), Child, Early and
Forced Marriage Legislation in 37 Asia-Pacific Countries, P.8. https://www.girlsnotbrides.org/resource-
centre/child-early-forced-marriage-legislation-37-asia-pacific-countries/ [accessed 20 August 2018]
4
Pablo Diego-Rosell & Jacqueline Joudo Larsen, (October 25, 2017), Child Marriage Rates in Pakistan, Myanmar
and Cambodia. https://news.gallup.com/opinion/gallup/221000/child-marriage-rates-pakistan-
myanmar-cambodia.aspx, [accessed 10 August 2019]
J. Myanmar Acad. Arts Sci. 2021 Vol. XVIV. No.8 193

expected to perform domestic chores and other responsibilities that end them to being married at a
very young age.1
In some situations, adolescent girls may be unable to refuse unwanted sex or resist coerced
sex, which tends to be unprotected. Sexual violence is widespread and particularly affects
adolescent girls: about 20% of girls around the world experience sexual abuse as children and
adolescents. Inequitable gender norms and social norms that condone violence against women put
girls at greater risk of unintended pregnancy.2
In Myanmar, early sexual experience and accidental pregnancy were also found to be
drivers of early marriage. In case that an unmarried girl becomes pregnant (whether as a result of
consensual sex or rape) the primary response is to arrange for her marriage.3
As mentioned above facts, early marriage has a strong physical, intellectual, psychological
and emotional impact, cutting off educational opportunities and chances of personal growth for
girls.

The Legal Issues on Minimum Age of Marriage in Myanmar

The definitions of child are not same under the various areas of law in Myanmar. Before
the Child Rights Law, 2019, Section 2 (a) of the Child Law, 1993 defines that “child” means a
person who has not attained the age of 16 years. Section 2 (b) of the Child Law states that “youth”
means a person who has attained the age of 16 years but has not attained the age of 18 years.
Additionally, this law guarantees a large spectrum of rights to children. In the Child Law, 1993,
there was no provision for the minimum age for marriage.
According to section 3 of the Majority Act, 1875, a person shall be deemed to have attained
his majority when he shall have completed his age of 18 years and not before, and, a person for
whom a guardianship is appointed by the court shall be deemed to have attained his majority when
he shall have completed his age of 21 years and not before.
However, Section (2) (a) of the Majority Act specifically excludes the issues under the
family law from its purview as follows;
“Nothing herein contained shall affect the capacity of any person to act in the following
matters (namely) – marriage, dower, divorce and adoption; the religion or religious rites and usages
of any class of person”. So, there is no restriction on the marriageable age under this section.
In Myanmar, according to section 362 of the Constitution of the Republic of the Union of
Myanmar, 2008 the Union recognizes Christianity, Islam, Hinduism and Animism as the religions
existing in the Union. Therefore, there are four main religious communities: Buddhists,
Mahomedans, Hindus and Christians.

1
Vhangani Richard Mafhala, (2016) Child Marriage Practice: A Cultural Gross Violation of Human
Rights of Girls in a Free South Africa, P.25. https://repository.up.ac.za/handle/2263/53428.
[accessed 1 August 2019]
2
Adolescent pregnancy, WHO, (2018) https://www.who.int/news-room/fact-sheets/detail/adolescent-pregnancy
[accessed 7 May 2018)]
3
Elizabeth Yarrow, (2016), The Causes & Consequences of Young People’s Sexual, Reproductive &
Maternal Health Behaviors, Northern Shan, Myanmar, P.30, Coram International at Coram
Children’s Legal Centre (CCLC). https://coraminternational.org/wp-content/uploads/Myanmar-
Report-Young-Parents-SRMH- behaviours.pdf. [accessed 5 July 2019]
194 J. Myanmar Acad. Arts Sci. 2021 Vol. XVIV. No.8

According to section 13(1) of the Burma Laws Act, 1898, customary and religious codes
have the force of law and can be relied upon by the courts in decisions concerning succession,
inheritance, marriage or caste, or any religious usage or institution.1
Regarding the marriageable age of Myanmar Buddhist boy, the court was decided in the
case of Mg Thein Mg vs. Ma Saw2 that a Myanmar Buddhist boy of any age can enter into a valid
marriage without the consent of his parents or guardians when he attains puberty i.e. physically
competent to marry.
Concerning with the marriageable age of Myanmar Buddhist girl, Full Bench decision of
Rangoon High Court in Ma Aye Sein vs. Maung Hla Min3 case, which declared that, except in the
case of widows or divorcees, a girl under 20 years of age cannot contract a valid marriage without
the consent, either express or implied, of her parents or guardians. These cases are still in force and
there are no other leading cases regarding on these points up to now.
According to the above-mentioned facts, except in the case of widows or divorcees, a girl
under 20 years of age cannot contract a valid marriage without the consent, either express or
implied of her parents or guardians. A boy reaches his majority when he attains puberty and a girl
child, except in the case of widow or divorcee, reaches her majority when she completes 20 years
of age for the purpose of marriage under Myanmar Customary Law.
However, under section 4 of the Myanmar Buddhist Women’s Special Marriage Law, 2015
a non-Buddhist man, who has attained the age of 18, and a Buddhist woman, who has attained the
age of 18, may contract a valid marriage under this Law if the following facts are fulfilled:
(a) both parties shall not be of unsound mind;
(b) consent to marry shall be voluntary and free from seduction, inducement, coercion,
undue influence, fraud or misrepresentation;
(c) if the woman has not attained the age of twenty, the consent of parents, or if they are
dead, of the guardian de facto or of the guardian de jure, if any, shall be obtained;
(d) in the case of a woman, no valid marriage shall subsist;
(e) in the case of a man, no valid marriage shall subsist.4
Therefore, under the Myanmar Buddhist Women’s Special Marriage Law, 2015, non-
Buddhist boy can marry when he attains the age of 18 years and girl can marry when she completes
20 years of age but girl under 20 years of age needs the consent of her parents or guardians to
contract a valid marriage.
With regard to the marriageable age of Christian, section 60 of the Christian Marriage Act,
1872 provides that the age of the man intending to be married shall exceed sixteen years, and the

1
Melissa Crouch, (2015). "Constructing Religion by Law in Myanmar," The Review of Faith & International
Affairs, Taylor & Francis Journals, Vol. 13(4), pages 1-11, December.
https://www.tandfonline.com/doi/full/10.1080/15570274.2015.1104961[accessed 7 August 2019]
2
6 Ran (Indian Law Reports, 1928), p. 340.
3
3 Ran (Indian Law Reports, 1925), p.455.
4
Section 4 of the Myanmar Buddhist Women’s Special Marriage Law, 2015.
J. Myanmar Acad. Arts Sci. 2021 Vol. XVIV. No.8 195

age of the woman intending to be married shall exceed fifteen years (Amendment of the Christian
Marriage Act, 2017).
Provided that no marriage shall be certified under this Part when either of the parties
intending to be married has not completed his or her eighteenth year, unless such consent as is
mentioned in section 19 (consent of guardians for marriage) has been given to the intended
marriage, or unless it appears that there is no person living authorized to give such consent.
As mentioned above, marriageable age of Christian girl is over 15 years and boy is over 16
years. However, either of the parties to which is a minor, the consent of the parents or guardians is
necessary to become a valid marriage.
The old Hindu Law, not by the Hindu Code, governs the Hindu women in Myanmar. Hindu
Customary Law gives no limit for the age of men to marry. However, this is not the case for women:
the age of sixteen is defined as mature. Hindu parents sometimes arrange marriages for their
children before puberty (at the ages of 10 or 12).1According to section 5 of the Hindu Marriage
Act, 1955, adopted in India a man must be 21 and a woman must be 18 in order to marry. However,
the Hindu Marriage Act, 1955 shall not be applicable to Hindu marriage in Myanmar.
Concerning with the Muslims’ marriage, every Muslim of sound mind, who has attained
puberty, may enter into a contract of marriage. No particular age has been fixed for the marriage
however it has been recognized that the age of maturity is the same as the age of puberty. Where
there is no evidence of the date of puberty, most of the schools accept a boy or a girl who reaches
fifteen years of age shall be recognized as having the capacity of marriage. The Hanafi School of
law presumes that unless there is no evidence to show the date of puberty, both parties either male
or female complete the age of fifteen years may enter into the marriage contract.2
Though each of personal law consists marriageable age, there is no minimum age of
marriage. According to these personal laws, every boy and girl can marry with the consent of their
parents or guardians even though the boy and girl have not the capacity of marriageable age.
Therefore, personal laws cannot reach the uniform minimum age of marriage.
The primary legislation in Myanmar concerning crimes and violence and the punishments
associated with them is the Penal Code, 1860, which defines “women” as female persons of any
age.3 Section 375 of the Penal Code, which was revised in January 2016, raised the minimum age
at which an individual can legally consent to sex with an adult from 14 to 16 years old (and from
13 to 15 years old if the couple are married). According to the amendment of Penal Code, it can be
assumed that the minimum age of marriage is 16 years in Myanmar.
The laws relating to the marriage vary according to the personal law of the man and the
woman and statutory law. A single standard age for consent by the parties would help to prevent
coerced and underage marriages. In order to prevent child marriages, legislation should specify a
uniform minimum age of marriage for personal laws in Myanmar.

1
Legal Issues on Burma Journal No. 9, August 2001, Burma Lawyers’ Council, Women and Law in
Burma, B.K.Sen, http://www.burmalibrary.org/docs/LIOB09-women_and_law_in_burma.htm.
2
Mar Lar Than, Dr., Administration of Islamic Law of Marriage in Myanmar, 2017, p.2.
https://www.academia.edu/8972861/The_Administration_on_Islamic_Law_of_Marriage_in_Myanmar
[accessed 29 September 2019]
3
Section 10 of the Penal Code, 1860.
196 J. Myanmar Acad. Arts Sci. 2021 Vol. XVIV. No.8

New Domestic Law on Minimum Age of Marriage in Myanmar

Unfortunately, nationally representative surveys on child marriage are scarce, and
measuring progress toward Sustainable Development Goals (SDG) Target 5.3 and other child
marriage indicators is not easy. One major challenge is that many of the official surveys on child
marriage are dated. To date, there are no official figures on the prevalence of child marriage in 74
countries, including large ones such as Argentina, China, Myanmar and Russia.1
According to the 2014 Myanmar population and housing census, some 1.4 per cent of
children aged 10-17 were reported as having ever been married in Myanmar, with this proportion
being slightly higher in rural areas (1.6 per cent) than in urban areas (1.1 per cent) and generally
higher for females (2.3 per cent) than for males (0.6 per cent). There was little variation across
States/Regions. The proportion ever-married was highest among females in rural Shan (3.7 per
cent) and lowest among males in urban Kayah and Tanintharyi (0.3 per cent).2
Therefore, early marriage is more common in rural areas than in urban areas and, of course,
more common for females than males under 2014 census of Myanmar.
Myanmar is not the country with the highest rate of child marriage, but still a country with
the problems of it. As mentioned above, legislation should specify a uniform minimum age of
marriage that applies to all citizens of Myanmar in order to prevent child marriage. Therefore, the
Child Rights Bill was submitted by the Ministry of Social Welfare, Relief and Resettlement in
2017 to amend the minimum age at which boys and girls can marry shall be defined by existing
laws.
After years of discussion, Myanmar has finally enacted the Child Rights Law in 23 July
2019 with the following objectives:
(a) To implement the rights of the child recognized in the United Nations Convention on
the Rights of the Child;
(b) To carry out measures for the best interests of the child and protect in order that children
enjoy fully their rights in accordance with law;
(c) To carry out necessary measures for the all-round development of children including
primary health, adequate nutrition and right to education.
(d) To protect and care of children who are felt neglect, abuse, atrocity and exploitation by
the State or voluntary social workers or non-governmental organization;
(e) To enable a separate trial of a juvenile offence and to carry out measures with the
objective of reforming the character of the child who has committed an offence;
(f) To enjoy the right to equality before the law and equal protection of the law without
discrimination.

1
Pablo Diego-Rosell & Jacqueline Joudo Larsen, (October 25, 2017), Child Marriage Rates in Pakistan, Myanmar
and Cambodia, https://news.gallup.com/opinion/gallup/221000/child-marriage-rates-pakistan-myanmar-cambodia.
aspx,[ accessed 10 August 2019]
2
Department of Population, Ministry of Labour, Immigration and Population, (2017), The 2014 Myanmar Population
and Housing Census, Thematic Report on Children and Youth, Census Report Volume 4- M, Pages 117-118,
https://reliefweb.int/report/myanmar/2014-myanmar-population-and- housing-census-thematic- report- children-
and-youth-census. [accessed 7 August 2019]
J. Myanmar Acad. Arts Sci. 2021 Vol. XVIV. No.8 197

Consistent with the United Nations Convention on the Rights of the Child, the new Child
Rights Law defines a child as anyone younger than 18 years old. 1 This law provides that the
minimum age of marriage is 18 years, regardless of gender in order to prevent early and forced
marriage and protect traditional customs.2 Regarding the penalty of early and forced marriage, the
Child Rights Law provided as follows:
“Whoever commits early and forced marriage shall, on conviction be punished with
imprisonment from a minimum term of one year to a maximum term of seven years. In addition to
imprisonment, fine can be imposed from the minimum amount of 10 lakhs to the maximum amount
of 20 lakhs.”3
As the Child Rights Law is a special law on children, it will have an influence on the other
laws relating to marriage. Therefore, if a person allows boys and girls to marry before the legal
minimum age of marriage, the injured party may sue him/her who shall be punished in accordance
with the Child Rights Law, 2019.

The Role of International Law on Minimum Age of Marriage in Myanmar

Like all other countries, Myanmar has duties under international human rights law to
respect, protect and fulfill the human rights of all persons in its territory or otherwise within its
jurisdiction, without discrimination on any grounds, including child, early and forced marriage
(CEFM).4
Myanmar is party to four of the principal international human rights treaties: The
Convention on the Elimination of All Forms of Discrimination against Women, 1979 (CEDAW);
the Convention on the Rights of the Child, 1989 (CRC); the Convention on the Rights of Persons
with Disabilities, 2006 (CRPD); and the International Covenant on Economic, Social and Cultural
Rights, 2008 (ICESCR). These treaties enshrine international law obligations binding on
Myanmar, and the treaty bodies monitoring implementation of each of these treaties interpret and
provide guidance on their provisions, including through the adopting of concluding observations
and general comments. Many of the rights reflected in the Universal Declaration of Human Rights,
1948 (UDHR). 5
The right to “free and full” consent to marriage is recognized in Article 16 of the Universal
Declaration of Human Rights, which specifies that marriage shall be entered into only with the free
and full consent of the intending spouses.
The other human rights law instruments which address child marriage that will be
scrutinized in this section are the CEDAW and the CRC. Myanmar acceded to the Convention on

1
Section 3(b) of the Child Rights Law, 2019.
2
Section 23 of the Child Rights Law, 2019.
3
Section 105 (a) (5) of the Child Rights Law, 2019.
4
International Commission of Jurists (ICJ), June 2019, Citizenship and Human Rights in Myanmar: Why Law
Reform is Urgent and Possible, A Legal Briefing, p.5.
https://www.icj.org/wp-content/uploads/2019/06/Myanmar-Citizenship-law-reform-Advocacy-Analysis-Brief-
2019-ENG-pdf. [accessed 7 September 2019]
5
International Commission of Jurists (ICJ), June 2019, Citizenship and Human Rights in Myanmar: Why Law
Reform is Urgent and Possible, A Legal Briefing, p.5.
https://www.icj.org/wp-content/uploads/2019/06/Myanmar-Citizenship-law-reform-Advocacy-Analysis-Brief-
2019-ENG-pdf. [accessed 7 September 2019]
198 J. Myanmar Acad. Arts Sci. 2021 Vol. XVIV. No.8

the Elimination of All Forms of Discrimination against Women (CEDAW) in 1997. The CEDAW
addresses marriage in Article 16. Article 16 (1) requires state parties to take all appropriate
measures to eliminate discrimination against women in all matters relating to marriage and family
relations and in particular to ensure on a basis of equality of men and women the same right to
enter into marriage and the same right freely to choose a spouse and to enter into marriage only
with their free and full consent. The CEDAW also provides in Article 16 (2) that the betrothal and
the marriage of a child shall have no legal effect, and all necessary action, including legislation,
shall be taken to specify a minimum age for marriage and to make the registration of marriages in
an official registry compulsory.1
The UN Committee on the Elimination of All Forms of Discrimination against Women
(CEDAW), paragraph 36 of CEDAW General Recommendation No.21 on Equality in Marriage
and Family Relations, 1994 stated as follows:
“In the Vienna Declaration and Programme of Action adopted by the World Conference on
Human Rights, held at Vienna from 14 to 25 June 1993, States are urged to repeal existing laws
and regulations and to remove customs and practices which discriminate against and cause harm
to the girl child. Article 16 (2) and the provisions of the Convention on the Rights of the Child
preclude States parties from permitting or giving validity to a marriage between persons who have
not attained their majority. In the context of the Convention on the Rights of the Child, “a child
means every human being below the age of eighteen years unless, under the law applicable to the
child, majority is attained earlier”. Notwithstanding this definition, and bearing in mind the
provisions of the Vienna Declaration, the Committee considers that the minimum age for marriage
should be 18 years for both man and woman.”2
Myanmar ratified the CRC in 1991. Article 1 of the CRC states that for the purpose of the
present Convention a child means every human being below the age of 18 years unless, under the
law applicable to the child, majority is attained earlier. Under Article 4 of CRC, parties need to
undertake all appropriate legislative, administrative, and other measures, for the implementation
of the rights recognized in this Convention. Therefore, setting minimum age of marriage is the
obligations of state parties.
Additionally, paragraph 55 (f) of Joint general recommendation No. 31 of the Committee
on the Elimination of Discrimination against Women and general comment No. 18 of the
Committee on the Rights of the Child on harmful practice recommends on the minimum age for
marriage as follows:
“A minimum legal age of marriage for girls and boys, with or without parental consent, is
established at 18 years. When a marriage at an earlier age is allowed in exceptional circumstances,
the absolute minimum age must not be below 16 years, the grounds for obtaining permission must
be legitimate and strictly defined by law and the marriage must be permitted only by a court of law
upon the full, free and informed consent of the child or both children, who must appear in person

1
Article 16 of CEDAW, 1979.
2
UN Committee on the Elimination of All Forms of Discrimination Against Women (CEDAW), CEDAW General
Recommendation No. 21: Equality in Marriage and Family Relations, 1994,par.36, https://www.refworld.org/docid
/48abd52c0.html. [accessed 16 August 2019]
J. Myanmar Acad. Arts Sci. 2021 Vol. XVIV. No.8 199

before the court.”1As stated before that child is below 18 years of age and a minimum legal age of
marriage for girls and boys are 18 years under CRC and CEDAW.
The enactment of the Child Rights Law demonstrates Myanmar’s commendable efforts to
align national policies and regulatory frameworks with the CRC and the CEDAW. Under the newly
enacted Child Rights Law, a child is defined as anyone under the age of 18 and a minimum age of
marriage is 18 years.2 Therefore, it can be clearly seen that the provisions of Child Rights Law,
2019 relating to minimum age of marriage comply with CRC and CEDAW.

Conclusion
The new Child Rights Law, 2019 constitutes an important step towards preventing child
marriage in Myanmar. The international human rights instruments could be applied to prohibit
child marriage. However, they do not exactly identify child marriage in those provisions.
Additionally, they cannot implement and enforce to each individual State. The implementation and
enforcement of the Child Rights Law in Myanmar is part of Myanmar’s obligation. The future
practice of the new law is to be scrutinized by Government, members of Parliament, civil society
and all citizens. Therefore, the Government, members of Parliament, civil society and all citizens
have a duty to cooperate with each other in order to make an effective enforcement of the law for
all citizens of Myanmar.

Acknowledgement
My sincere gratitude goes to Professor Dr. Khin Chit Chit, Head of Law Department, University of Yangon,
for her kind advice and encouragement. I wish also to express my gratitude to Dr. Khin Phone Myint Kyu, Professor,
Department of Law, University of Yangon, for her valuable guidance given for this paper. Special thanks are due to
Professor Dr. Khin Khin Oo, Department of Law, University of Yangon, for her kind advice and suggestions during
the course of the studies. I am greatly indebted to The Danish Institute for Human Rights (DIHR) for its supports and
providing necessary guidance concerning implementation of my paper.

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