Access to Justice in Myanmar: Land, Labor and Anti-Corruption Legislations · 2018-01-10 · The...
Transcript of Access to Justice in Myanmar: Land, Labor and Anti-Corruption Legislations · 2018-01-10 · The...
Access to Justice Initiative
Access to Justice in Myanmar: Land,
Labor and Anti-Corruption Legislations
Table of Contents
Introduction
Research Methodology
Key Findings: Land Law
Key Findings: Labor Organization Law
Key Findings: Anti-Corruption Law
Recommendations
Introduction
Access to justice means that citizens are able to use justice institutions to obtain solutions to
their common justice problems. For access to justice to exist, justice institutions must function
effectively to provide fair solutions to citizens’ justice problems. Every justice system should
provide citizens with access to justice. Access to justice means that citizens are able to use
justice institutions to obtain solutions to their common justice problems. Unless citizens can
do this, the rights enshrined in laws and constitutions are meaningless. For access to justice
to exist, justice institutions must function effectively to provide fair solutions to citizens’
justice problems.
An access to justice assessment analyzes whether citizens are able to use justice institutions
to solve their common justice problems, what factors affect whether they can do so, and what
reforms and programs could make justice institutions more responsive to citizens’ needs. An
access to justice assessment analyzes whether citizens are able to use justice institutions to
solve their common justice problems, what factors affect whether they can do so, and what
reforms and programs could make justice institutions more responsive to citizens’ needs.
There are a number of research techniques that can be used to assess access to justice.
One approach is to use surveys or focus groups to ask citizens how well justice institutions
serve their needs. Another method is to interview country experts to get their perspectives
on the strengths and weaknesses of a justice system. This research will analyze access to
justice in Myanmar by using Key Informant Interviews (KII) and Focus Group Discussion (FGD).
Research Methodology
Selected Laws
The research project will focus on three selected laws, mainly, Anti-Corruption Law (2013),
the Labor Organization Law (2011), and the Farmland Law (2012) and VFV Law (2012), as
selected by Access to Justice (Research Cluster).
Methodology
The methodology focuses on two components such as initial legal component and impact
study component. Initial legal review component is to establish the legal framework created
by the selected laws that provide for access to justice/remedies. This will be followed by an
impact analysis component to evaluate actual availability and use of access to
justice/remedies under the selected laws. Impact analysis component will include key
informant interviews, focus groups, and desk research.
1) Content review of selected three laws – Anti-Corruption Law (2013), the Labor Organization
Law (2011), and the Farmland Law (2012) and VFV Law (2012) – to outline access to
justice/remedies provisions made available in each law.
2) At least 150 Key Informant Interviews (KII) with a wide range of diverse people such as local
leaders, social workers, lawyer, judicial staff, political party members, CSOs leaders and
specific stakeholders of selected laws.
3) At least 15 Focus Group Discussions (FGD) with key stakeholders of selected laws from
various geographic areas.
Geographic Coverage
1. Anti-Corruption Law Myitkyina (Kachin State), Mawlamyaing (Mon State), Lashio (Shan State), Dawei (Tannintharyi Division), Pa-O Self- Administrative Areas
2. Land Law Thandaung Gyi (Karen State) Pyay (Bago Division)
Demoso (Kayah State) Myitthar (Mandalay Division) Angapu (Irrawaddy Division)
3. Labour Organization Law Pyigyitagon (Mandalay Division), Bagan (Mandalay Division), Shwepyithar (Yangon Division), Hlaingtharyar (Yangon Division) Dagon Seikhan (Yangon Division)
Data Collection and Database Management
For data collection, 15 enumerators are selected from Basic Research Skills training in
November, 2015 and given research orientation in January, 2016 to be deployed in 15
townships. Collected data will have input to the database management system for further
analysis.
Reporting
Interim Report, Draft Report and Final Report will be delivered.
Timeline
Nov, 2015 to Mar, 2016
Key Research Questions for selected laws
Legal Framework
• What state laws, if any, exist that create clear legal rights for citizens within the formal justice
system?
• What customary laws and practices, if any, exist that create clear legal rights for citizens within the
informal justice system?
• Are they simple and easy to understand?
• Are they consistently enforced and applied?
• What mechanisms does the law provide to citizens to allow them to enforce their rights?
• Are informal justice institutions given the power, by law, to solve justice problems or provide a
remedy?
Legal Knowledge
• How would you rate citizens’ level of familiarity (i.e., good, average, not good, do not know) with:
— how to access legal information?
— functions of the formal justice system?
— functions of the informal justice system?
— functions of lawyers?
— functions of paralegals?
— functions of the court?
— functions of the prosecutor?
• What are the amount and quality of legal information available to citizens?
• What is the extent to which legal information is produced in local languages?
• What activities do state and non-state actors undertake to enhance legal knowledge among
citizens?
• How would you rate the level of information dissemination by the state (i.e., good, average, not
good, do not know)?
• What media are used to communicate legal awareness messages?
• What are the main obstacles to raising legal awareness of citizens?
Legal Advice and Representation
• What is the availability of lawyers off ering legal advice and representation to citizens?
• What is the availability of lawyers’ services that are free of charge?
• What is the availability of services by paralegals and non-lawyers?
• How would you assess the quality of the above (i.e., quality service, low quality because it is free of
charge/from a non-lawyer, unsatisfactory, cannon make assessment)?
• What roles do paralegals play in resolving justice problems?
Access to a Justice Institution
• In your opinion, what justice institutions do citizens use in resolving disputes, and why?
• What is the approximate time citizens take to travel to and return from the justice institution?
• What are the costs of accessing the justice institution?
• How quickly are justice problems resolved?
• What obstacles prevent citizens from bringing justice institutions before the justice institution?
• What activities are state or non-state actors undertaking to make access to the justice institution
easier?
Fair Procedures
• What is the extent to which citizens can present arguments and call witnesses before the justice
institution?
• What are the procedures for presenting arguments and calling witnesses?
• What is the extent to which laws give citizens a right to a reasoned decision that can be reviewed
by
a higher tribunal?
• How much must a party pay to lodge an appeal?
• What is the average time taken for an appeal to be heard?
• What activities are state or non-state actors undertaking to address problems in the procedure
used by the justice institution to resolve justice problems?
Enforceable Solutions
• What procedures, if any, exist, established by law, to provide for decisions to be enforced?
• What is the amount of costs a party must pay to enforce a decision?
• To what extent does corruption affect whether decisions are enforced?
• What obstacles prevent a decision from being enforced?
• What activities are state or non-state actors undertaking to make decisions easier to enforce?
Key Findings: Land Law
Background Information of Key Informants
Survey on the awareness of the Farmland law and Vacant, Fallow and Virgin land management Law
was conducted in two states and three regions making up 20% from Demauso and Loikaw township
in Kayah state, 20% from Pyay township in Bago region, 22% from Ingapu in Ayeyawaddy region,
18% from Myitthar township in Mandalay region and 20% from Thantaunggyi in Kayin state
respectively. A total of 50 respondents were interviewed by trained enumerators.
Majoirty 74% of respondents are male and 26% are female respondents. By looking at age, the
highest 32% of respondents are age between 41 and 50, the second highest groups are age 31-40
and 51-60 making up each 20%. As 15% of respondents are age under 30 and another 14% are aged
61 and above.
Townships
Townships Frequency Percentage
Demauso 9 18
Loikaw 1 2
Pyay 10 20
Ingapu 11 22
Myitthar 9 18
Thantaunggyi 10 20
Total 50 100
Age of Respondent
Age Frequency Percentage
18-24 2 4%
25-30 5 10%
31-40 10 20%
41-50 16 32%
51-60 10 20%
61 and above 7 14%
Total 50 100%
States/Regions
Response Frequency Percentage
Kayah State 10 20%
Bago Region 10 20%
Ayeyawaddy Region
11 22%
Mandalay Region
9 18%
Kayin State 10 20%
Total 50 100%
Gender of Key Informants
Gender Frequency Percentage
Female 13 26
Male 37 74
Total 50 100
By respondents’ occupations, the biggest group 26% are farmers and members of farmers union, the
second is village/ward administrators making up 18% and the third group is leaders of CSOs
accounting for 12%. Besides, relegious leaders and political party members also took part in the
survey contributing each 10%. There are also 8% respondents from community based social
organizations and 6% of respondents are lawyers. As another 4% of justice staff responded the
survey, 4% are also from business persons and their representatives. However, only 2% accounts for
labors/labour unions. By ethnic backgound, majoirty 50% are Bamar, 24% are Kayin and 16% are
Kayah. In addition, Mon, Chinese, India, Pa-Oh and repondents who stated themselves as Islam
made up of 2% respectively.
Female, 26%
Male, 74%
Gender of Respondents (n=50)
Occupations Frequency Percentage
Village/Ward Administrators 9 18
Religious Leaders 5 10
Community Based Social Organization 4 8
Lawyers 3 6
Justice Staff 2 4
Political Party Members/ Members of Parliament 5 10
CSO leaders 6 12
Labors/Labor Union 1 2
Farmers/Farmer Union 13 26
Business Persons and representative 2 4
Total 50 100
Ethnicity of Key Informants
Ethnicity Frequency Percentage
Kayar 8 16
Kayah 12 24
Mon 1 2
Bamar 25 50
Chinese 1 2
Islam 1 2
India 1 2
Pa-Oh 1 2
Total 50 100
Looking at instituional backgrounds of respondents, the biggest group of 30% are not associated in
any organizations. The second largest group are CSOs/CBOs adding up 28%, political party 18% and
government 14%. The rest 10% are from religious institutions namely Christian 6%, Buddhist 2% and
Islam 2%. By positions at work, most of respondents can be assumed as leaders or senior staff in
their organizations. As 18% of chairman/president, 2% general secretary, 12% of In-charges took
part in the survey, 26% are also business owners self-employing. Besides, there are scholar 1%,
founder 2%, members of parliament 4% and pastor/religious staff 6% responded the survey. On the
other hand, 18% of members of organizations, 4% staff and 4% labours also answered the
questionnaire.
Kayar16%
Kayah24%
Mon2%
Bamar50%
Chinese2%
Islam2%
India2%
Pa-Oh2%
Ethnicity of Respondents (n=50)
Key Informants by affiliated Organizations
Organizations Frequen
cy Percentag
e
Christian 3 6
Buddhist 1 2
Islam 1 2
Government 7 14
Political Party 9 18
CSO/CBO 14 28
No Organization 15 30
Total 50 100
Positions Frequenc
y Percentag
e
Chairman/President 9 18
General Secretary 1 2
Members 9 18
Labors 2 4
Scholar 1 2
Volunteer 1 2
In Charge 6 12
Founder 1 2
Members of Parliament 2 4
Pastors and Religious Staff 3 6
Staff 2 4
Self-Employed/ Business Owner 13 26
Total 50 100
General Questions
1. Legal Framework
According to the survey result, majoirty 58% said that there are laws clearly protecting the rights of
citizen while only 4% said there is no. The rest 38% did not know the existance of laws protecting
citizen’s right. Nevertheless, only 34% of respondents could mention names of laws. Among them,
10% stated as 2008 constitutions, another 10% mentioned as constitution and other laws and
another 2% mentioned 1982 citizenship law. Beside, 12% selected “other” category to describe the
existance of other laws protecting citizen rights.
However, oly 36% of respondents said that there are customary laws/practices clearly protecting
citizens’ rights while 14% said that there is no. The rest majority 50% did not know whether such
customary laws/practices are existing or not. Besides, only 8% could mention as Myama customary
law, 2% religious law and another 2% indiginous customary law.
1.1. Are there any laws that clearly
protect rights of citizen?
Response Frequency Percentage
Yes 29 58
No 2 4
Don’t Know 19 38
Total 50 100
1.2.Are there any customary laws
and practices that clearly protect
citizens’ rights?
Response Frequency Percentage
Yes 18 36
No 7 14
Don’t Know 25 50
Total 50 100
1.1.1. If exists, which laws do you
know?
Response Frequency Percentage
2008 Constitution 5 10
Constitution and other laws
5 10
1982 Citizenship Law 1 2
Other laws 6 12
Don’t Know 33 66
Total 50 100
1.2.1.If yes, which customary laws
and practices do you know?
Response Frequency Percentage
Myanmar Customary Law 4 8
Religious Law 1 2
Indigenous Customary Law 1 2
Don’t Know 40 80
Other 4 8
Total 50 100
Regarding the comfortableness in reading laws, majoirty 58% said that it is not easy to read laws
while only 14% responded as it is easy. Another 20% said that they do not even know if it is easy or
not and 8% did not respond the question. Giving the reasons of uncomfortableness in reading laws,
20% of respondents said that using the complicated words or terms as vital and 18% pointed out
lack of clarity and simplicity. 10% selected “other” category and the majoirty 52% did not answer.
1.3.Is it easy to read laws?
Response Frequency Percentage
Easy 7 14
Not easy 29 58
Don’t know 10 20
No Response 4 8
Total 50 100
1.3.1. If not easy, why?
Response Frequency Percentage
Usage of complicated words or terms 10 20
No clarity and simplicity 9 18
Other 5 10
No Response 26 52
Total 50 100
Furthermore, most of respondents 48% said that currents laws are not atively being applied while
only 18% said it is being applied. Another 16% responded that laws are being misused. Insterestingly,
majority 52% of respondents siad there is informal justice institution to resolve the justice problem
while 38% said that there is no such informal instituion to settle the justice problem. Only 8% said
they do not know whether informal justice institution are existing or not.
1.4.Do you think laws are active and
being applied?
Response Frequency Percentage
Apply 9 18
Not apply 24 48
laws abused 8 16
Other 9 18
Total 50 100
1.5.Is there any informal justice institution to solve the justice problem?
Response Frequency Percentage
Yes 26 52
No 19 38
Don’t know 4 8
No Response 1 2
Total 50 100
2. Legal Knowledge
Regarding sources of legal information, print media is the most used sources to access legal
information as described by 44% of respondents. The second most used source is television stated
by 24% and the third source is acquaintaces/workplaces by 16%. One good point is that 14% of
respondents had trainings to access legal information. Only 12% said they received legal information
through internet and few 6% also mentioned radio as one source of legal information. However,
there still are 16% of respondents who do not know what sources to describe.
2.1. How do you know or access legal information?
Legal Information Access through Internet
Answer Frequency Percentage
No 44 88
Yes 6 12
Total 50 100
Through Use of Printed Media
Answer Frequency Percentage
No 28 56
Yes 22 44
Total 50 100
Through Radio
Answer Frequency Percentage
No 47 94
Yes 3 6
Total 50 100
Access through Television
Answer Frequency Percentage
No 38 76
Yes 12 24
Total 50 100
Access through Awareness Raising
Answer Frequency Percentage
No 43 86
Yes 7 14
Total 50 100
Access through Acquaintances/Environment
Answer Frequency Percentage
No 42 84
Yes 8 16
Total 50 100
Those who answered “Don’t Know”
Answer Freque
ncy Percen
tage
Know 42 84
Don’t Know 8 16
Total 50 100
Those who respond the question
Response Frequency Percentage
Repondents 49 98
No Response 1 2
Total 50 100
Sources of Legal Information
Answer Frequenc
y Percentag
e
Internet 6 12%
Print Media 22 44%
Radio 3 6%
Television 12 24%
Trainings 7 14%
Acquaintances/Workplace
8 16%
Don’t Know 8 16%
No Response 1 2%
Regarding awareness on functions of justice actors, functions of lawyers is the most aware of by 18%
and next is the court by 14% of respondents. Lower 10% know the functions of paralegals and 12%
know slightly about functions of paralegals while only 8% said they know functions of formal justice
system. In contrast, 78% said they don’t know functions of the court and each 74% do not know the
functions of lawyers and paralegals.
2%
6%
12%
14%
16%
16%
24%
0% 10% 20% 30%
No Response
Radio
Internet
Trainings
Acquaintances/…
Don’t Know
Television
Sources of legal information (n=50)
8%
18%
10%14%
68%
74% 74%78%
20%
4% 4% 4%4%2%
12%
4%
0%
10%
20%
30%
40%
50%
60%
70%
80%
90%
Formal Justice Systme Lawyers Paralegals The court
Awareness on Justice Actors (n=50)
Know Don't Know No Response Know Slightly
2.2.Do you know functions of formal justice system?
Response Frequency Percentage
I Know 4 8
Don’t Know 34 68
No Response 10 20
Know Slightly 2 4
Total 50 100
2.3.Do you know functions of lawyers?
Answer Frequency Percentage
I Know 9 18
Don’t Know 37 74
No Response 2 4
Know Slightly 2 4
Total 50 100
2.4.Do you know functions of paralegals?
Answer Frequency Percentage
I Know 5 10
Don’t Know 37 74
No Response 2 4
Know Slightly 6 12
Total 50 100
2.5.Do you know functions of the court?
Answer Frequency Percentage
I Know 7 14
Don’t Know 39 78
No Response 2 4
Know Slightly 2 4
Total 50 100
Regarding the conducts of legal educations, 36% of respondents said that there are state and non-
state actors undertaking to enhance legal knowledge while majority 42% said no undertakings to
enhance legal knowledge. Likewise, majority 68% of respondents said that there is no legal
educations provided in local languages while only few 12% said that there is legal education in local
languages. Each 12% do not know neither the legal education program by state and non-state actors
nor legal education in local languages.
2.6.Are there legal educations provided in local languages?
Response Frequency Percentage
Yes 6 12
No 34 68
Slightly 1 2
Don’t know 6 12
No Response 3 6
Total 50 100
2.7.Are there state and non-state actors undertaking to enhance legal
knowledge?
Response Frequency Percentage
Yes 18 36
No 21 42
Don’t Know 6 12
No Response 5 10
Total 50 100
Looking at opinions on the information dissemination by the state, majority 42% said it is not good
and the second majority 34% said that they don’t know how to appraise. Nevertheless, there are
14% of respondents who think it is good and 14% who think that the level of information
dissemination by the state is average. Only 4% did not respond this question.
2.8.How would you rate the level of legal information dissemination by the state?
Response Frequency Percentage
Good 3 6
Average 7 14
Not Good 21 42
Don’t Know 17 34
No Response 2 4
Total 50 100
Regarding media used to disseminate legal information, 30% said they don’t know which media is
used by the state to disseminate legal information. Unlike in sources of legal information question,
television is said the most used to disseminate legal information as stated by 26% of respondents. It
is followed by print media with selections of 24% respondents. Awareness raising, radio and internet
followed the print media with each 8% respondents.
Good6%
Average14%
Not Good42%
Don’t Know34%
No Response
4%
Level of Legal information dissemination by the state
(n=50)
8%
8%
8%
24%
26%
30%
0% 5% 10% 15% 20% 25% 30% 35%
Internet
Radio
Awareness raising
Print Media
Television
Don’t Know
Media used to disseminate legal information (n=50)
According to the survey result, respondents mentioned various obstacles faced in raising legal
awareness of citizens. Among obstacles mentioned, lack of awareness raising/uneffective education
is the most stated obstacle and by 28% of respondents. It is followed by departmental blocking/ not
functioning 26%. Besides, another 12% of respondents stated unaccessibility of legal books as one
obstacle and 4% mentioned “fear” as one obastacle. However, there are only 4% who pointed out
“language barrier” and another 4% who stated “bribery” as obstacles.
2%
4%
4%
8%
12%
16%
26%
28%
0% 5% 10% 15% 20% 25% 30%
Bribery
Language Barrier
Fear
Other
Unassessibility of Legal Books
No Response
Departmental Blocking/ Not Functioning
No Awareness Raising/ Uneffective Education
2.11. What are the main obstacles to raising legal awareness of citizens? How to overcome obstacles? (n=50)
2.9.What media are used to disseminate legal information?
Internet Frequency Percentage
No 46 92
Yes 4 8
Total 50 100
Radio Frequency Percentage
No 46 92
Yes 4 8
Total 50 100
Television Frequency Percentage
No 37 74
Yes 13 26
Total 50 100
Don’t Know Frequency Percentage
No Response 35 70
Don’t Know 15 30
Total 50 100
Print Media Frequency Percentage
No 38 76
Yes 12 24
Total 50 100
Awareness Raising
Frequency Percentage
No 46 92
Yes 4 8
Total 50 100
Mobile Phone
Frequency Percentage
No 49 98
Yes 1 2
Total 50 100
2.11. What are the main obstacles to raising legal awareness of citizens? How to overcome obstacles?
Response Frequency Percentage
Departmental Blocking/ Not Functioning 13 26
Bribery 1 2
No Awareness Raising/ Uneffective Education 14 28
Unassessibility of Legal Books 6 12
Language Barrier 2 4
Fear 2 4
Other 4 8
No Response 8 16
Total 50 100
Although there are many obstacles mentioned, 54% of respondents advised ways to overcome those
obstacles. Among them, to conduct awarness raising is recommanded by majoirty 36% of
respondents and it is the highest. Besides, 8% mentioned again the importance of awarenss raising
in village/ward level. 4% pointed out to enhance media coverage and another 4% mentioned to
combat bribery. Insterestingly, there is, though very few, 2% of respondents who pointed out
“library” as one solution to overcome current obstacles.
How to overcome obstacles?
No Response Frequency Percentage
Library 1 2
Awareness Raising 18 36
Awareness Raising from Ward/Village Level
4 8
Combatting Bribery 2 4
Media Coverage 2 4
No Response 23 46
Total 50 100
2%
4%
4%
8%
36%
46%
0% 5% 10% 15% 20% 25% 30% 35% 40% 45% 50%
Library
Combatting Bribery
Media Coverage
Awareness Raising from Ward/Village Level
Awareness Raising
No Response
How to overcome obstacles? (n=50)
3. Legal Advice and Representation
According to the survey result, it is found out that the availability of legal advice and representation
is weak. 52% of respondents said that free lawyers service is not available and each 48% said neither
organization offering legal advice nor service by paralegals and non-lawyers are available.
Alternatively looking at the result, 42% of respondents said organization offering legal advice is
available and 40% also said that lawyers service offering legal advice and representation is available.
Likewise, there are 38% who think that free lawyers’ service is available and 36% who also think that
service by paralegals and non-lawyers is available. And there are not more than 10% who selected “I
dont know” and not more than 8% who did not respond these questions.
3.1.What is the vailability of organizations offering legal advice?
Response Frequency Percentage
Available 21 42
Not Available 24 48
Don’t Know 3 6
No Response 2 4
Total 50 100
3.3.What is the availability of lawyers’ services that are free of charge?
Response Frequency Percentage
Available 19 38
Not Available 26 52
Don’t Know 3 6
No Response 2 4
Total 50 100
3.2.What is the availability of lawyers offering legal advice and representation
to citizens?
Response Frequency Percentage
Available 20 40
Not Available 23 46
Don’t Know 5 10
No Response 2 4
Total 50 100
3.4.What is the availability of services by paralegals and non-lawyers?
Response Frequency Percentage
Available 18 36
Not Available 24 48
Don’t Know 4 8
No Response 4 8
Total 50 100
42%40%
38%36%
48%46%
52%48%
6%10%
6%8%
4% 4% 4%8%
0%
10%
20%
30%
40%
50%
60%
Orgnizatation Offeringlegal advice
Lawyers offering legaladvice and representation
Lawyers service that arefree of charge
Service by paralegals andnon-lawyers
Availability of Legal Advice and Representation (n=50)
Available Not available Don't Know No Response
Regarding the roles of paralegals play in resolving justice problems, majority of respondents 72% did
not know what roles paralegals are playing in resolving justice problems. Nontheless, there are 10%
of respondents who think “ensuring justice” as a role of paralegal, 4% who think “providing legal
advice” as a role and 2% who think “providing awareness raising” as a role of paralegals. There are
also 12% who did not respond this question.
3.5.What roles do paralegals play in resolving justice problems?
Roles of Paralegals Frequency Percentage
Providing Legal Advice 2 4
Ensuring Justice 5 10
Don’t Know 36 72
No Response 6 12
Providing Awareness Raising 1 2
Total 50 100
4. Access to Justice Institution
Regarding questions under access to justice institution, majority 88% of respondents said they have
heard about the cost of accessing justice institution while only 12% said that they have never heard.
Among them 88%, 44% said that they themselves have experienced. With regards to time taken,
majority 68% said that it does not take long time to resolve justice problems while 10% thinks that it
takes a long time. There are also 4% who think that justice problems are quickly resolved and 12%
did not respond the question.
4.1.Have you ever heard about the costs of accessing the justice institution? Have you
ever experienced?
Response Frequency Percentage
Never Heard 6 12
I Heard 44 88
Total 50 100
4.2.How quickly are justice problems resolved?
Response Frequency Percentage
Take a long time 5 10
Does not take time 34 68
Normal 2 4
Quick 2 4
Don’t Know 6 12
No Response 1 2
Total 50 100
Having Experience of Cost accessing The Justice Institution
Response Frequency Percentage
No 28 56
Yes 22 44
Total 50 100
In addition, there are various obstacles that prevent citizens from bringing justice before the justice
institution. Among those obstacles, most of respondents 26% pointed out money as obstacle.
Likewise, each 12% respondents mentioned lack of legal knowledge and fear as obstacles preventing
citizens. Another 8% stated bribery and each 2% of respondents also pointed out power/authority
and weakness of the court as obstacles preventing citizens from bringing justice before the justice
institution.
4.3.What obstacles preventing citizens from bringing justice before the justice institution?
Obstacles Frequency Percentage
Money 13 26
Power Authority 1 2
Bribery 4 8
Lack of Legal Knowledge 6 12
Fear 6 12
Don’t Know 15 30
No Response 4 8
Weakness of the Court 1 2
Total 50 100
5. Fair Procedure
Relating to fair procedures, majority 78% said they know that citizens have the right to present
arguments and call witness before the justice system while only 4% said no. Similarly, majority 74%
of respondents said that they have right also to make an appeal after the case is judged. Only few 6%
said no and 16% did not respond this question. However, although those rights are granted, majority
64% also said that they have heard about paying money to lodge an appeal. Regarding the time
taken for an appeal to be heard, majority 66% said that they don’t know how long it takes and 10%
did not respond this question. However, there are 8% of respondent who said one month, 6% who
2%
2%
8%
8%
12%
12%
26%
30%
0% 5% 10% 15% 20% 25% 30% 35%
Power Authority
Weakness of the Court
Bribery
No Response
Lack of Legal Knowledge
Fear
Money
Don’t Know
4.3.What obstacles preventing citizens from bringing justice before the justice institution? (n=50)
said two month and another 4% said 3 months. Each 2% also responded that it takes 4 months, 6
months and 12 months respectively for appeal to be heard.
5.1. Do citizens have the right to present arguments and call witnessess
before the justice system?
Response Frequency Percentage
Yes 39 78
No 2 4
Don’t Know 7 14
No Response 2 4
Total 50 100
5.2.Is there the right to make an appeal after the case is judged?
Response Frequency Percentage
Yes 37 74
No 3 6
Don’t Know 8 16
No Response 2 4
Total 50 100
5.3.Have you ever heard about paying money to lodge an appeal?
Response Frequency Percentage
Yes 32 64
No 6 12
Don’t now 8 16
No Response 4 8
Total 50 100
5.4.What is the time taken for an appeal to be heard?
Response Frequency Percentage
Don’t Know 33 66
1-Month 4 8
2-Month 3 6
3-Month 2 4
4-Month 1 2
6-Month 1 2
12-Month 1 2
No Response 5 10
Total 50 100
Knowledge on Farmland Law and The Vacant, Fallow and Virgin Lands Management Law
6. Legal Framework
According to the survey result, majority 72% said that there are laws dealing with lands in Myanmar
and only 22% said there are no laws to deal with lands. However, only 24% could mention 2012
Farmland law and 8% stated 1963 the disposal of tenancies law. 6% selected “other laws” option and
4% said just as they know many laws. 22% did not know and majoirty 34% did not respond this
question.
6.1.Are there laws dealing with lands in Myanmar? If yes, what are they?
Response Frequency Percentage
Yes 36 72
No 11 22
No Response 3 6
Total 50 100
What are laws relating to lands?
Response Frequency Percentage
2012 Farmland Law 12 24
Tenancy Law 1963 4 8
Other Laws 3 6
Knows many laws 2 4
No Response 17 34
Don’t Know 12 24
Total 50 100
Nevertheless when asking respondents by mentioning the name of the law, majority 74% said they
have heard about the farmland law while only 12% have not heard about farmland law. Among
those who have heard about the farmland law, 12% said they know this law thouroughly and 16%
said that they know slightly. However, most of respondents 46% did not know about the law and
26% did not respond this question.
6.2. Have you ever heard about the farmland law? If yes, what do you know
about the law?
Response Frequency Percentage
Yes 37 74
No 3 6
Don’t Know 6 12
No Response 4 8
Total 50 100
If yes, what do you know about the law?
Response Frequency Percentage
Know Thoroughly 6 12
Don’t Know 23 46
No Response 13 26
Know Slightly 8 16
Total 50 100
Awareness on Vacant, fallow and virgin land management law is lower than awareness on the
farmland law. However, majoirty 58% said that they have heard about the vacant, fallow and virgin
lands management law while 22% have never heard about this law. Nevertheless, only 12% know
thouroughly about the law and 8% know slightly. As 36% of respondents said that they don’t know
and majority 44% did not respond the question.
6.3.Have you heard about the vacant, fallow and virgin lands management
law? If yes, what do you know about the law?
Response Frequency Percentage
Yes 29 58
No 6 12
Don’t Know 11 22
No Response 4 8
Total 50 100
If yes, what do you know about the law?
Response Frequency Percentage
Know Thoroughly 6 12
Don’t Know 18 36
No Response 22 44
Know Slightly 4 8
Total 50 100
It is found out that majority of respondents 74% thinks that the formation of farmers union or
farmers organizations is legally allowed. But, 6% thinks it is not legally allowed and 16% said they
don’t know.
6.4.The formation of farmers union or organizations are legally allowed?
Response Frequency Percentage
Yes 37 74
No 3 6
Don’t Know 8 16
No Response 2 4
Total 50 100
2012 the farmland law has revoked the 1963 tenancies law and 1963 laws safguarding the peasant
right. However, 10% of respondents still think the 1963 tenancies law is still in force and 12% also
thinks that the law safeguading peasants’s right is still in force. However, majoirty 44% said the
tenancy act is not active anymore while 42% do not know if it is still active or not. Likewise, majority
44% said they also did not know whether safeguarding farmers law is still in force or not where as
38% said that it is not in force any more.
6.5. Is the tenancy Law (1963) still in force?
Response Frequency Percentage
In Force 5 10
Not in force 22 44
Don’t Know 21 42
No Response 2 4
Total 50 100
6.6. Is the law safeguarding peasant right (1963) still in force?
Response Frequency Percentage
In force 6 12
Not in force 19 38
Don’t Know 22 44
No Response 3 6
Total 50 100
7. Legal Knowledge
Assessing legal knowledge of respondents, only 10% said that they know the definition of land
thoroughly and 20% said they know slightly. Majoirty 64% did not know the definition of land. It is
even lower in knowing the definition of farmer. Only 6% know thouroughly and 10% know slightly.
The majority 78% said that they don’t know the definition of farmer as per section 3(c) of the
farmland law.
7.1. Do you know the definition of land? (3a, farmland law)
Response Frequency Percentage
Know Thoroughly 5 10
Not understand 32 64
Don’t know 3 6
Know Slightly 10 20
Total 50 100
7.2. Do you know the definition of farmer? (3c, farmland law)
Response Frequency Percentage
Know Thoroughly 3 6
Not understand 39 78
Don’t know 3 6
Know Slightly 5 10
Total 50 100
According to the survey, majority of respondents do not know matters regarding land use certificate.
82% of respondents do not know where to apply for the land use certificate and 80% do not also
know who is responsible to issue the land use certificate. Only 14% said that they know where to
apply for and 16% said that they know responsible body to issue the land use certificate. However,
64% of respondents know the requirement to apply for land use certificate for landuse right
obatained by buying, exchanging and inheriting as per section 8 of the farmland law. Nevertheless,
there still are 24% who don’t know and 8% those said not required.
7.3. Where shall the person permitted to use land apply for the Land Use Certificate?
(4, Farmland Law)
Response Frequency Percentage
Know thoroughly 7 14
Don’t Know 41 82
No Response 2 4
Total 50 100
7.4. Who shall issue the Land Use Certificate? (6, farmland law)
Response Frequency Percentage
Know thoroughly 8 16
Don’t Know 40 80
No Response 2 4
Total 50 100
7.5.For the landuse right obtained by buying, exchanging or inheriting, is it required to apply for the Land Use Certificate? (8, farmland law)
Response Frequency Percentage
Required to apply 32 64
Not required 4 8
Don’t Know 12 24
No Response 2 4
Total 50 100
Despite the section 9(f) of the farmland land allows joint-venture with foreigners or organizations
consistes of foreigners, only 24% of respondents knows the right to work joint-venture. As 32%
responded as “I don’t know” and 40% said that there is no that right. Only 4% did not respond the
question.
7.6.Is there the right to work joint-venture with foreigner or organization consists of foreigners?
(9f, farmland law)
Response Frequency Percentage
Yes 12 24
No 20 40
Don’t Know 16 32
No Response 2 4
Total 50 100
In addition, 50% of respondents know the requirement to register at relevant township office for
purchasing land, pawning, exchanging and donating landuse right as per section 12(c) of the
farmland law. 28% did not know while 18% responded as it is not required.
7.7. Is it required to register at relevant township office for purchasing, pawning, exchaning and donating the landuse
right? (12c, farmland law)
Response Frequency Percentage
Required to register 25 50
Not required to register 9 18
Don’t Know 14 28
No Response 2 4
Total 50 100
According to the survey result, majority 64% know the legal right to pawn the landuse right while
10% said it is not allowed to pawn. However, 20% did not know the existence of legal rights to pawn.
Besides, majoirty 58% know that it is not allowed without permission to use farmland for non-
agriculture purpose while 36% did not know that fact. However, regarding the crops, only 34% of
respondents know that it is not allowed without permission to grow other crops from regular
growing crops. 28% thinks that it is allowed to grow other crops without permission and 26% said
that they don’t know. Likewise, mojority 60% of respondents did not know that it is not allowed to
leave the land unplanted without sound reasons and only 14% know that the law does not allow it
without permission. As in other question, 20% said that they do not know this as well.
7.8. Is it allowed to pawn the landuse right? (12e)
Response Frequency Percentage
Yes 32 64
No 5 10
Don’t Know 10 20
No Response 3 6
Total 50 100
7.9 Is it allowed to use farmland for non-agriculture purpose without permission? (12g)
Response Frequency Percentage
Yes 5 10
No 29 58
Don’t Know 13 26
No Response 3 6
Total 50 100
7.10. Is it allowed to grow other crops from regular growing crops without
permission? (12h)
Response Frequency Percentage
Yes 14 28
No 17 34
Don’t Know 13 26
No Response 6 12
Total 50 100
7.11. Is it allowed to leave the land unplanted without a sound reason? (12i)
Response Frequency Percentage
Yes 30 60
No 7 14
Don’t Know 10 20
No Response 3 6
Total 50 100
64%
10%
28%
60%
10%
58%
34%
14%20%
26% 26%20%
6% 6%12%
6%
0%
10%
20%
30%
40%
50%
60%
70%
Is it allowed to pawn thelanduse right?
Is it allowed to usefarmland for non-
agriculture purposewithout permission?
Is it allowed to grow othercrops from regular growingcrops without permission?
Is it allowed to leave theland unplanted without a
sound reason?
Rights allowed in the farmland law (n=50)
Yes No Don't Know No Response
In order to receive lawful resolution for land disputes, section 13 requires registration for the land.
And majority 60% also noted the requirement to register while 8% insisted that registration is not
necessary to obtain lawful resolution for land disputes. However, 24% said they did not know if
registration is required or not to have lawful resolution when land disputes arise.
7.12. Is registration required to receive legal resolution when land disputes
arise? (section 13)
Response Frequency Percentage
Yes 30 60
No 4 8
Don’t Know 12 24
No Response 4 8
Total 50 100
According to the survey, majority 56% know the central farmland management body while only 4%
know slightly that who are included in the central management body. As 38% of respondents did not
know the central farmland management body, majority 60% also do not know who are in the
management body. Furthermore, 44% of respondents do not know that the formation of township,
ward and village level farmland management body is in line with law. Only 38% thinks it is legally
formed and 10% still think that township, ward and villager level farmland management bodies are
illgally formed.
7.13. Do you know the central farmland management body? If yes, who are
comprised of? (section 15)
Response Frequency Percentage
Yes 28 56
No 8 16
Don’t Know 11 22
No Response 3 6
Total 50 100
Who are comprised of in the central farmland management body?
Response Frequency Percentage
Know Slightly 2 4
Don’t Know 30 60
No Response 18 36
Total 50 100
7.14. Is the formation of township, ward and village level farmland management body in accordance with the law? (section 16,21)
Response Frequency Percentage
Legally formed 19 38
Illegally formed 5 10
Don’t Know 22 44
No Response 4 8
Total 50 100
Regarding education on the farmland law, there are 32% who said that they are aware of educating
knowlege on farmland law through media while majority 50% said that they are not aware of that.
Besides, educating in local laguages on the farmland law also is said not available by majority 68% of
respondnets. However, there are 10% who said that there is enhancing knowledge in local laguages
on the farmland law. 14% did not know and 8% did not respond the question.
7.15. Are you aware of educating knowledge on farmland law through
media?
Response Frequency Percentage
Yes 16 32
No 25 50
Don’t Know 6 12
No Response 3 6
Total 50 100
7.16. Is there enhancing knowledge in local language on farmland law?
Response Frequency Percentage
Yes 5 10
No 34 68
Don’t Know 7 14
No Response 4 8
Total 50 100
Obstacles in enhancing public legal knowledge is quite similar. As in other laws, 38% mentioned lack
of education programs, 20% stated departmental weakness/disturbance. Besides, 16% of
respondents selected “other” to point out other obstacles not covered in the survey. Each 4% also
said language barrier and fear as obstacles. However, there are also various ways to overcome
obstacles according to the respondents. Though 48% could not respond the question, 36%
mentioned the conducts of education training and 8% restated the need to conduct training from
village/ward level. As another 6% mentioned to combat bribery and 2% said to hold seminars to
overcome those obstacles.
8%
10%
38%
44%
0% 10% 20% 30% 40% 50%
No Response
Ilegally formed
Legally formed
Don’t Know
7.14. Is the formation of township, ward and village level farmland management body in accordance with the law?
(section 16,21) (n=50)
7.17. What are obstacles in enhancing public knowledge on farmland law? How
can these be overcome?
Obstacles Frequency Percentage
Departmental Weakness/ Disturbance 10 20
No Education 19 38
Language Barrier 2 4
Fear 2 4
Other 8 16
No Response 9 18
Total 50 100
How can obstacles be overcome?
Response Frequency Percentage
Seminars 1 2
Educating Training 18 36
Legal Education From village/ward level 4 8
Combatting bribery 3 6
No Response 24 48
Total 50 100
According to the survey, majority 70% said that they do not know the definition of vacant land and
fallow land. Only 18% said that they know well and 12% did not respond the question. Likewise,
majority 78% said they also do not know the definition of virgin land while only 10% said that they
know the difinition of the virgin land well. There are also 12% who did not respond the question.
7.18. Do you know the definition of vacant land and fallow land?
Response Frequency Percentage
Know well 9 18
Don’t Know 35 70
No Response 6 12
Total 50 100
7.19. Do you know the definition of the virgin land?
Response Frequency Percentage
Know Well 5 10
Don’t Know 39 78
No Response 6 12
Total 50 100
Regarding the central committee for management of vacant, fallow and virgin lands, only 30% of
respondents have heard the existance of the committee and 36% said they have never heard about
the central committee. Moreover, majority 56% do not know who are included in the central
committee for management of vacant, fallow and virgin lands. 44% did not respond the question.
7.20. Have you ever heard about the central committee for managment of
vacant, fallow and virgin land? If yes, who are comprised of? (section 3, VFVM)
Response Frequency Percentage
Yes 15 30
No 18 36
Don’t Know 14 28
No Response 3 6
Total 50 100
Who are included in the central committee for managment of vacant,
fallow and virgin land?
Response Frequency Percentage
Don’t Know 28 56
No Response 22 44
Total 50 100
Regarding businesses, majority 78% do not know which kind of busineses can be permitted to utilize
the vacant, fallow and virgin lands. Only 2% know well and 6% said they know kind of busineses
slightly as per section 4 of the vacant, fallow and virgin lands management law. Moreover, 44% do
not know whether it is allowed to foreign investments to apply for the right to utilize the vacant,
fallow and virgin lands while 30% said that it is allowed and 20% said it is not allowed to foreign
investments to permit landuse right.
7.21. Which businesses can be permitted to utilize the vacant, fallow
and virgin lands? (section4)
Response Frequency Percentage
Know Well 1 2
Don’t Know 39 78
No Response 7 14
Know Slightly 3 6
Total 50 100
7.22. Is it allowed to foreign investments to apply for the right to utilize vacant,
fallow and virgin lands? (section 7)
Response Frequency Percentage
Yes 15 30
No 10 20
Don’t Know 22 44
No Response 3 6
Total 50 100
Regarding permitable maximum land size for cultivation of perennial plants, majority 52% said they
do not know maximum size of land allowed for perennial plants. Although 42% answered this
question only 4% who said 50,000 acres, could respond correctly as described in law. Likewise,
majority 56% do not know permitable maximum size of land for orchard. Besides, no respondents
could mention that 3,000 acres can be permitted for the first time application and only 4% could
mention maximum size of 50,000 acres for orchards. Similarly in industrial seasonal crops, only 4%
could mention maximum permitable size of land 50,000 acres and majority 58% said that they did
not know the maximum size of land allowed for cultivations of industrial seasonal crops.
7.23. What is maximum acres of vacant, fallow and virgin land permittable to
culitvate perennial plant? (section 10a1)
Response Frequency Percentage
Don’t Know 26 52
8 Acre 2 4
10 Acre 5 10
30 Acre 2 4
50 Acre 5 10
No Response 4 8
100 Acre 2 4
500 Acre 2 4
50000 Acre 2 4
Total 50 100
7.24. What is maximum acres of vacant, fallow and virgin land permittable for
orchard? (section 10a2)
Response Frequency Percentage
Don’t Know 28 56
10 Acre 6 12
50 Acre 7 14
Response 4 8
500 Acre 2 4
5000 Acre 1 2
50000 Acre 2 4
Total 50 100
7.25. What is maximum acres of vacant, fallow and virgin land permittable for
industrial seasonal crops? (section 10a3)
Response Frequency Percentage
Don’t Know 29 58
10 Acre 4 8
50 Acre 5 10
No Response 5 10
100 Acre 2 4
500 Acre 3 6
50000 Acre 2 4
Total 50 100
7.26. What is maximum acres of vacant, fallow and virgin lands permitable to rural cultivators and for manageable family-sized scales? (section 10a4)
Response Frequency Percentage
Don’t Know 30 60
5 Acre 1 2
10 Acre 8 16
30 Acre 2 4
50 Acre 6 12
No Response 3 6
Total 50 100
Regarding maximum landsize permitable to rural farmers and for manageable family-sized scales,
majoirty 60% do not know the maximum size of land permitable under this category and only 12%
could describe 50 acres as maximum size of vacant, fallow and virgin land allowed by law to rural
farmers and for manageable family-sized scales.
60%
2%
16%
4%
12%6%
0%
10%
20%
30%
40%
50%
60%
70%
Don’t Know 5 Acre 10 Acre 30 Acre 50 Acre No Response
7.26. What is maximum acres of vacant, fallow and virgin lands permitable to rural cultivators and for manageable
family-sized scales? (section 10a4) (n=50)
Similarly, there are also desinaged maximum size of land for livestock breeding, poultry farming and
aquaculture businesses. For the breeding of fish, prawn and crabs, maximum 1,000 acre can be
permitted by law. However, only 2% know the exact maximum size and majority 62% said that they
did not know. For raising buffalo, cattle and horse, majority 64% did not know maximum size of
vacant, fallow and virgin land permitable and only 2% stated correctly as 2,000 acres. And 4% thinks
more than 2,000 acres can be permittable for rasing buffalo, cattle and hourse. In addtion, maximum
land size for rasing sheeps and goats is even more smaller than baffalo, cattle and horse. However,
equally 2% could say the exact acres of 500 as per law and majority 58% did not know. There are 4%
who thinks more than 500 acres and another 20% stated fewer acre than 500. Regarding breeding of
poultry, pig, duck and quail, no respondents cound say the exact maximum acres of land
permittable, that is 300 acres. However, 6% of respondents believed thousands acres are
permittable though it is only hundreds of acres are allowed by law.
7.27. How many acres of vacant, fallow and virgin lands may be permitted for the breeding of fish, prawn and crabs?
(section 10b1)
Response Frequency Percentage
Don’t Know 31 62
10 Acre 2 4
20 Acre 1 2
30 Acre 1 2
50 Acre 7 14
No Response 5 10
300 Acre 1 2
2000 Acre 1 2
10000 Acre 1 2
Total 50 100
7.28. How many acres of vacant, fallow and virgin lands may be permitted for raising
buffalo, cattle and horse? (section 10b2-aa)
Response Frequency Percentage
Don’t Know 32 64
5 Acre 2 4
20 Acre 1 2
30 Acre 1 2
50 Acre 2 4
No Response 6 12
100 Acre 3 6
2000 Acre 1 2
5000 Acre 1 2
50000 Acre 1 2
Total 50 100
7.29. How many acres of vacant, fallow and virgin lands may be permitted for
raising sheep and goat? (section 10b2-bb)
Response Frequency Percentage
Don’t Know 29 58
6 Acre 2 4
10 Acre 1 2
20 Acre 1 2
30 Acre 1 2
50 Acre 3 6
No Response 8 16
100 Acre 2 4
500 Acre 1 2
5000 Acre 1 2
50000 Acre 1 2
Total 50 100
7.30. How many acres of vacant, fallow and virgin lands may be permitted for breeding poultry, pig, duck and quail?
(section 10b2-cc)
Response Frequency Percentage
Don’t Know 31 62
7 Acre 2 4
10 Acre 2 4
20 Acre 2 4
30 Acre 1 2
50 Acre 3 6
No Response 7 14
100 Acre 1 2
50000 Acre 1 2
Total 50 100
Furthermore, there are also designated time limitation for permitted lands depending on the
purpose of landuse, for instance, 30 years for perennial plant. However, only 44% of respondents
said yes and 8% said that there is no period limited. There are also 38% who did not know period
designated for any landuse rights.
7.31. Is there length of time limitation for land tenure to agriculture, livestocks
and affiliated businesses? (11)
Response Frequency Percentage
Yes 22 44
No 4 8
Don’t Know 19 38
No Response 5 10
Total 50 100
The vacant, fallow and virgin land mamangment law requires to pay for both security fees and land
revenue. Nevertheless, only 34% of respondents think it is required to pay security fees and 12%
think it is not required to pay security fees. Majoirty 40% said that they don’t know if it is required or
not to pay security fees. But, regarding land revenue, majority 58% of respondents said it is required
to pay land revenue as described in law. Only 2% said no and 26% said “I don’t know” to the
question.
7.32. Is it required to pay security fees for vacant, fallow and virgins landuse
right? (13)
Response Frequency Percentage
Yes 17 34
No 6 12
Don’t Know 20 40
No Response 7 14
Total 50 100
7.33. Is it required to pay land revenue for vacant, fallow and virgins landuse
rights? (15a)
Response Frequency Percentage
Yes 29 58
No 1 2
Don’t Know 13 26
No Response 7 14
Total 50 100
34%
58%
40%
26%
14% 14%
0%
10%
20%
30%
40%
50%
60%
70%
7.32. Is it required to pay security fees for vacant,fallow and virgins landuse right? (13)
7.33. Is it required to pay land revenue for vacant,fallow and virgins landuse rights? (15a)
Requirements to pay for security fees and land reveue (n=50)
Yes No Don't know No Response
As per section 19 of the vacant, fallow and virgin land management law, part of the permitted land
can be acquired for certain conditions described in section 19. However, only 38% said that there is
such obtainable conditions. Equally, 38% said they did not know that permitted land can be acquired
and only 10% said that there is no such obtainable conditions of land already pertmitted.
7.34. Is there right to acquire part of land area from permitted vacant,
fallow and virgin lands? (section 19)
Response Frequency Percentage
Yes 19 38
No 5 10
Don’t Know 19 38
No Response
7 14
Total 50 100
Regarding legal educations on the vacant, fallow and virgin land management law, only 10% said
that they are aware of educations through media and majority 62% said not aware of. Likewise, legal
education in local languages is said not provided by majority 68% of respondents. Only 8% said that
they are aware of enhacing legal education in local languages on the vacant, fallow and virgin land
law. Obstacles faced in educating the VFVLM law are mainly lack of education as stated by 50%,
departmental weakness/ disturbance according to 14% respondents and langage barrier by 2% of
respondents. Similarly, 38% of respondents also recommanded again to conduct awareness raising
and to start carrying out from ward/village level to overcome obstacles and another 4% said to
increase media coverage. Holding literature talks, carrying out by setting up national plan and
combatting bribery are aslo mentioned to overcome obstacles by each 2% respectively.
7.35. Are you aware of enhancing knowledge on VFVLM law through
media?
Response Frequency Percentage
Yes 5 10
No 31 62
Don’t Know 10 20
No Response 4 8
Total 50 100
7.36. Are you aware of enhancing knowledge in local languages on VFVLM
law?
Response Frequency Percentage
Yes 2 4
No 34 68
Slightly 2 4
Don’t Know 7 14
No Response 5 10
Total 50 100
Yes38%
No10%
Don’t Know38%
No Response14%
7.34. Is there right to acquire part of land area from permitted vacant,
fallow and virgin lands? (section 19) (n=50)
Yes No Don’t Know No Response
7.37. What are obstacles in educating the
public on VFVLM Laws? How can
obstacles be overcome?
Obstacles Frequenc
y Percentag
e
Departmental Weakness/ Disturbance
7 14
No Education 25 50
Language Barrier
1 2
Other 6 12
No Response 11 22
Total 50 100
How to overcome?
Response Frequency Percentag
e
Literature Talks 1 2
Awareness Training
16 32
Educating from village/ ward level
3 6
Combatting bribery
1 2
Media Coverage 2 4
No Response 26 52
Carry out with national plan
1 2
Total 50 100
8. Legal Advice and Representation
Yes10%
No62%
Don’t Know20%
No Response8%
7.35. Are you aware of enhancing knowledge on VFVLM law through media? (n=50)
Regarding legal advice and representations on cases relevant with the vacant, fallow and virgin land,
44% of respondents said that services by paralegals and non-lawyers are available while 36% said it
is not available. However, only 28% said that free lawyers service are available while 50% said not
available. And only 16% said that legal advice regarding this law are accessible while 54% believed it
is not accessible. Nevertheless, 46% of respondents said that they know who to contact to take legal
advice on the vacant, fallow and virgin land management law. Majoirty 76% also said that there is no
financial support available for legal representation on land cases. However, there are 4% of
respondents who said that financial support is available for legal representation on land cases.
8.1.What is the accessiblity of legal advice on Vacant, Fallow and Virgin Land law?
Response Frequency Percentage
Accessilble 8 16
Not Accessible 27 54
Don’t Know 9 18
No Response 6 12
Total 50 100
8.2.What is the availability of lawyer’s service that is free of charge for land
cases?
Response Frequency Percentage
Available 14 28
Not Available 25 50
Don’t Know 8 16
No Response 3 6
Total 50 100
8.3. What is the availibility of services by paralegals and non-lawyers on vacant,
fallow and virgin land law?
Response Frequency Percentage
Available 22 44
Not Available 18 36
Don’t Know 8 16
No Response 2 4
Total 50 100
8.4. Do you know who to contact to receive legal advices?
Response Frequency Percentage
Yes 23 46
No 23 46
No Response 4 8
Total 50 100
8.5. Is there financial supports available for legal representation?
Response Frequency Percentage
Yes 2 4
No 38 76
Don’t Know 7 14
No Response 3 6
Total 50 100
9. Access to a Justice Institution
According to the survey result, most of respondents 34% think that farmland committee is
responsible to file the case, to investigate, to hear the case and to judge for land disputes. 12%
thinks that the land record department is responsible and 8% of respondents said that general
administration department is responsible. Besides, there are 6% who think the court is responsible
and 4% who think the irrigation department is responsible. There are also 22% who did not know
who is responsible for filing the case, investigating, hearing and resolving the case.
9.1.What is responsible body to carry out investigation filing case, hearing and decision making for disputes relating landuse right? (22, farmland law)
Response Frequency Percentage
Don’t Know 42 84
Land Record 6 12
No Response 2 4
Total 50 100
Response Frequency Percentage
Don’t Know 44 88
General Administration
4 8
No Response 2 4
Total 50 100
Response Frequency Percentage
Don’t Know 48 96
Irrigation 2 4
No Response 50 100
Response Frequency Percentage
Don’t Know 45 90
Court 3 6
No Response 2 4
Total 50 100
Response Frequency Percentage
Don’t Know 31 62
Farmland Committee
17 34
No Response 2 4
Total 50 100
Response Frequency Percentage
Other 37 74
Don’t Know 11 22
No Response 2 4
Total 50 100
According to the farmland law, appeal can be made within 30 days up to district level farmland
management body and within 60 days to region or state level farmland managment body. However,
majority 54% did not know that. Although 26% mentioned 30 days and 6% mentioned 60 days, it is
not obvious if the respondents actually know exactly as described in the farmland law. Besides,
majority of 54% said that they do not know responsible body to make final judgement for land
disputes. And although there is 14% who mentioned famland committee as reponsible body to give
final decision, whether district or state/region farmland managemet comittee is not clarified.
Besides, there are also 14% who think government and 12% who think the court as responsible body
to make final judgement on land disputes.
9.2. Within how many days can the appeal be made? (section 23,24,25)
Response Frequency Percentage
Don’t Know 27 54
7 Days 2 4
17 Days 1 2
30 Days 13 26
60 Days 3 6
No Response 4 8
Total 50 100
9.3. Who is responsible to make final decision in resolving land disputes? (25c)
Response Frequency Percentage
Government 7 14
Court 6 12
Farmland Committee
7 14
Don’t Know 27 54
No Response 3 6
Total 50 100
According to the survey, only 2% know that the central committee is responsible to coordinate
between local cultivators and the enterprises granted landuse when complaints regarding
obstruciton, trespass and mischefs arises. However, majority 88% do not know that the central
committee is responsible to coordinate. Besides, majority 84% do not know how to settle the
disputes between farmers cultivating on the land for long without holding offical permission and the
latter permited person or business on the same land. According to section 25(c), it is to be resolved
by law with bi-lateral aggrement between the two parties or organizations. However, only 2% know
that thoroughly.
6%
12%
14%
14%
54%
0% 10% 20% 30% 40% 50% 60%
No Response
Court
Government
Farmland Committee
Don’t Know
9.3. Who is responsible to make final decision in resolving land disputes? (25c) (n=50)
9.4. Who is responsible to coordinate between local cultivators and the business granted landuse when
complaints regarding obstruction, trespass and mischiefs arises. (25a,
VFVLM Law)
Response Frequency Percentage
Know Thoroughly
1 2
Don’t Know 44 88
No Response 5 10
Total 50 100
9.5. How will the dispute be settled if part of the permitted vacant, fallow and
virgin lands is in the farmland being ulitlized for long by farmers though not
holding official permission? (25c)
Response Frequency Percentage
Know Thoroughly
1 2
Don’t Know 42 84
No Response 7 14
Total 50 100
Regarding orders issued to evict from farmland due to violating rules and orders issued to remove
building constructed without permission, majority 54% of respondents said that there is right to
make an appeal in this kind of cases and 10% said there is no right to appeal. Moreover, majoirty
66% of respondents said that it can be imprisoned for failing to follow orders issued as per section
19 of the farmland law while only 6% said no and 22% did not know.
Know Thoroughly2%
Don’t Know84%
No Response14%
9.5. How will the dispute be settled if part of the permitted vacant, fallow and virgin lands is in the
farmland being ulitlized for long by farmers though not holding official permission? (25c) (n=50)
10.1. Is there right to make an appeal for order evicting from farmland due to
violating rules and for order removing buildings constructed without permission? (19 farmland law)
Response Frequency Percentage
Yes 27 54
No 5 10
Don’t Know 14 28
No Response 4 8
Total 50 100
10.2. Can it be imprisoned for failing to follow orders issued under section 19 of
the farmland law? (35, 36)
Response Frequency Percentage
Yes 33 66
No 3 6
Don’t Know 11 22
No Response 3 6
Total 50 100
According to section 40 of the farmland law, it is stated that members of farmland management
bodies can not be sued for carrying out in line with the law. However, 40% of respondents said those
members can be sued and only 16% said that those can not be sued. The rest 38% did not know if
those can be sued or not. Regarding mischiefs, obstructions and trespass on the permitted land,
majoirty 42% said that it is cognisable offense and 28% think it is non-cognisable offense. And there
are also 22% who do not know if it is cognisable or not and 8% did not respond the question.
10.3. Can members of farmland mamagement bodies in various level be
sued? (section 40, farmland law)
Response Frequency Percentage
Yes 20 40
No 8 16
Don’t Know 19 38
No Response 3 6
Total 50 100
10.4. Are accusations regarding mischiefs, obstructions and trespass on the permitted
land cognisable offense?
Response Frequency Percentage
Cognisable offense 21 42
Non-cognisable offense
14 28
Don’t Know 11 22
No Response 4 8
Total 50 100
............................................................................................................................. ..............................
Key Findings: Labour Organization Law
Yes40%
No16%
Don’t Know38%
No Response6%
10.3. Can members of farmland management bodies in various level be sued? (n=50)
Yes No Don’t Know No Response
Background Information of Key Informants
Survey on the awareness of labour organization law was conducted in Yangon and Mandalay regions
which can be assumed as labor populated areas. Total sample of 50 key informants/ respondents
had been interviewed in person by well trained interviewvers.
Respondents from industrial townships of Yangon and Mandalay regions were assessed equally.
Most of the respondents, 30% are from Mandalay city and 20% are from Bagan/Nyaungoo. The rest
50% are from Yangon region accounting Shwepyithar 16%, Hlaingtharyar 16%, Dagon Seikkan 14%
and Innsein township 4%. Genderly looking, the majority (29) respondents, which accounts for 58%
are male and the rest 42 % are female. Respondents are from all age groups and majority of them
are age between 31 and 40 (22%) and age between 51 and 60 (22%). 6% of age above 60 also took
part in this survey.
Numbers of Key Informants by Townships
Townships Frequency Percentage
Mandalay 15 30
Shwepyithar 8 16
Dagon Seikkan
7 14
Bagan/ Nyaungoo
10 20
Hlaingtharyar 8 16
Innsein 2 4
Total 50 100
Age of Key Informants
Age Frequency Percentage
18 1 2
23 3 6
24 2 4
25 3 6
27 2 4
30 2 4
31 2 4
32 2 4
34 2 4
35 2 4
36 1 2
37 1 2
38 2 4
39 1 2
40 1 2
42 2 4
Gender of Key Informants
Gender Frequency Percentage
Female 21 42
Male 29 58
Total 50 100
Respondents by Age Group
Age Group Frequency Percent
(18-24) 6 12%
(25-30) 9 18%
(31-40) 11 22%
(41-50) 9 18%
(51-60) 11 22%
61 and above 3 6%
No Response 1 2%
50 100%
43 1 2
44 1 2
45 2 4
46 2 4
50 1 2
51 1 2
53 3 6
54 3 6
55 1 2
60 2 4
62 1 2
65 1 2
80 1 2
No Response
1 2
Total 50 100
By looking at occupations, majority 32 % are labourers and members of labour unions and only 2%
are from farmer/farmer unions. Besides, the second largerst group are people working as lawyers
(18%) and combined with 2% justice staff, it can be said 20% are justice relevent employments.
However, only 12 %, as the third largest group, are businessmen and their representatives. Other
respondents includes village/wards level administrators/elders (6%), members of political parties
(10%) and respondents from civil society such as social workers/CSOs leaders accounts for 12% in
total. Religious leaders (6%) also took part in the survey.
Organizational Background
Analysing those respondents by their affiliated organizations/institutions and postions in their
organizations, it is found out that majority 42% are not from any organization or institutions. But,
32% are from CSOs/CBOs and 10% from political parties. Religious institution namely christian
instituion (2%) and Islam institutions (4%) also took part in the survey. 8% from government
instituions or departments also particiated in the survey. Positionally looking at respondents,
member level of those organizatons make up 26% in total and labors 18%. And it can be also
assumed that leader level in total in this survey is 36% that consists of Islamic leader(2%), business
owner (14%), chairman and secreatry (12%), in-charge (4%) and members of parliament 4%
respectively.
Organization/Institution of Respondents
Organizations Frequen
cy Percenta
ge
Christian Organization
1 2
Islam Organization
2 4
Government 4 8
Politcal Party 5 10
CSOs and CBOs
17 34
No Organization
21 42
Total 50 100
Key Informants by position in organizations
Positions in Organizations
Frequency Percentage
Chairman/President 3 6
General Secretary 3 6
Members 13 26
Labors 9 18
Volunteer 1 2
In Charge 2 4
Members of Parliament
2 4
Pastors and Religius Affliated Staff
1 2
Staff 5 10
Business Owners 7 14
Islamic Religious Leaders
1 2
No Position 3 6
Total 50 100
When looking at the ethnic background of respondents, Bama as the largest size makes up 92% and
Kayin 4% . Respondents who expressed themselves as Islam account for 4% as well.
Ethnicity of Key Informants
Ethnicity Frequen-
cy Percen-
tage
Kayin 2 4
Bamar 46 92
Islm 2 4
Total 50 100
General Awareness
1. Legal Framework
According to the survey, 66% of respondents agreed with the existence of laws that clearly protect
rights of citizen while 14% said that there is no law aimed to protect citizen rights. However, 20%
said that they don’t know whether the law exists or not. Although as mentioned above 66% said
there is law protecting citizen rights, only 44% mentioned the name of laws. Among 44%, those who
described as 2008 constitution are 12%, who mentioned “constituion and other laws” are 6% and
1982 Citizenship law is 2% respectively. And those who replied as “other laws” make up 24% out of
44% who mentioned the specific law. 56% said I dont know and this 56% embraces people who
really don’t know the existence of laws, who could not specicaly mention existing laws and those
who said no to the existence of laws protecting citizen rights.
1.1.Are there any laws that clearly protect rights of citizen?
Response Frequency Percentage
Yes 33 66
No 7 14
Don’t Know 10 20
Total 50 100
1.1.1.If exists, which laws do you know?
Response Frequency Percentage
2008 Constitution 6 12
Constitution and other laws
3 6
1982 Citizenship Law 1 2
Other laws 12 24
Don’t Know 28 56
Total 50 100
Regarding the existence of customary laws and practices, 64% said there is customary law protecting
citizen rights and 10% said there is no. There are 24% in total who don’t know whether the
customary law and practice to protect citizen’s right exist or not. Among who said yes to the
existence of customary laws and practices, 26% of respondents mentioned religious laws where as
16% mentioned as customary law. Besides, 2% said other and another 2% said those laws/practices
are not alive and distrustful. There also is 54% who could mention and reply as I don’t know to
mentioning specical name of customary laws/practices.
1.2. Any customary laws and pratices that clearly protect citizens’ rights?
Response Frequency Percentage
Yes 32 64
No 5 10
Don’t Know 12 24
No Response 1 2
Total 50 100
1.2.1. If yes, which customary laws and practices do you know?
Response Frequency Percentage
Customary Law
8 16
Religious Law 13 26
Don’t Know 27 54
Not Alive/ Distrust
1 2
Other 1 2
Total 50 100
According to the result, 68% of respondents said that it is not easy to read laws and only 12% that
accounts for 6 respondents said that it is easy. There are also 18% who don’t know whether it is easy
or not to read laws. When asking why it is not easy to read laws, 36% mentioned the usage of
complicated words and 14% pointed out the lack of clarity and simplicity. Another 7% chose “other”
option and a lot of respondents 36% did not respond this question.
1.3. Is it easy to read laws?
Response Frequency Percentage
Easy 6 12
Not easy 34 68
Don’t know 9 18
No Response 1 2
Total 50 100
If not easy, why?
Response Frequency Percentage
Usage of complicated words or terms
18 36
No clarity and simplicity
7 14
Other 7 14
No Response 18 36
Total 50 100
Besides, majority 42% of respondents think that existing laws are not actively applied and another
10% think that laws are being abused. However, the second largest group of respondents 38% think
that laws are being applied and only 8% stated as I don’t know. Interestingly, majority 52% of
respondents said that there are informal justice institution to solve the justice problem while 42%
said there are no that kind of informal institution. Only 6% of respondents answered as they don’t
know the existence of informal justice institution.
1.4. Do you think laws are active and being applied?
Response Frequency Percentage
Apply 19 38
Not apply 21 42
laws abused 5 10
Other 1 2
Don’t know 4 8
Total 50 100
1.5. Is there any informal justice institution to solve the justice problem?
Response Frequency Percentage
Yes 26 52
No 21 42
Don’t know 3 6
Total 50 100
2. Legal Knowledge
There are 7 sources of legal information and more than one sources are used by respondents to
access legal information. Among which, it is found out that printed media is the most used to access
legal information. According to the respondents, 64% of respondents received legal information
through printed media and television media also stands as the second most used (46%) and followed
by radio 16%. People who access legal information through internet and accquantances/workplaces
make up each 12% respectively. It is found out that there are only 6% who knows from awareness
trainings. Despite various sources are out there, there still are 14% who don’t know where to find
legal information.
2.1. How do you know or access legal information?
Legal Information Access through Internet
Answer Frequency Percentage
No 44 88
Yes 6 12
Total 50 100
Through Use of Printed Media
Answer Frequency Percentage
No 18 36
Yes 32 64
Total 50 100
Through Radio
Answer Frequency Percentage
No 42 84
Yes 8 16
Total 50 100
Access through Television
Answe
r Frequency Percentage
No 27 54
Yes 23 46
Total 50 100
Through Education Trainings
Answer Frequency Percentage
No 47 94
Yes 3 6
Total 50 100
Access through Accquantances/Business
Answe
r Frequency Percentage
No 44 88
Yes 6 12
Total 50 100
Sources of Legal Information
Answer Frequency Percentage
Internet 6 12%
Print Media 32 64%
Radio 8 16%
Television 23 46%
Trainings 3 6%
Acquantaces/ Workplace
6 12%
Don’t Know 7 14%
No Respponse 1 2%
Thouse who answered “Don’t Know”
Answer Frequency Percentage
No Response 43 86
Don’t Know 7 14
Total 50 100
Apparently, more than 60% of respondents do not know functions of any of justice systems, lawyers,
paralegals and the court. Regarding knowledge on functions of formal justice system, majority 64%
do not know and only 20% know functions of formal justice system, knowing functions of the court is
higher making up 26% who know and 10% slightly know. Besides, knowing functions of lawyer also is
slightly higher than the court with 28% who knows and 12 % who slighly know functions of lawyers.
Nevertheless, knowledge on functions of any justice institutions and actors is lower than 60% as
mentioned above. The poorest rate is not knowing functions of paralegals which may still be new to
most of respondents and to most citizens. 70% said they don’t know, but 24% of respondents which
is higer than knowing formal justice system said they know functions of paralegals.
2.2. Do you know functions of formal justice system?
Response Frequency Percentage
I Know 10 20
Don’t Know 32 64
No Response 7 14
Know Slightly 1 2
Total 50 100
2.3. Do you know functions of lawyers?
Answer Frequency Percentage
I Know 14 28
Don’t Know 30 60
Know Slightly 6 12
Total 50 100
2.4. Do you know functions of paralegals?
Answer Frequency Percentage
I Know 12 24
Don’t Know 35 70
Know Slightly 3 6
Total 50 100
2.5. Do you know functions of the court?
Answer Frequency Percentage
I Know 13 26
Don’t Know 31 62
No Response 1 2
Know Slightly 5 10
Total 50 100
According to the survey, there are 54% of respondents who said that the state and non-state actors
are undertaking to enhance legal knowledge while 36% said not undertaking and 6% do not know.
However, only 10% of respondents said that legal educations are provided in local languages and
majority 82% stated that there are no legal educations provided in local laguages. Few 8% do not
know if it is provided or not.
2.6. Are there legal educations provided in local languages?
Response Frequency Percentage
Yes 5 10
No 41 82
Don’t Know 4 8
Total 50 100
2.7. Are there state and non-state actors undertaking to enhance legal knowledge?
Response Frequency Percentage
Yes 27 54
No 18 36
Don’t Know 3 6
No Response 2 4
Total 50 100
Most of key informants 42% responded as not good to the level of legal information dissemitation by
the state. However, 32 % rated the level as average and only 16% said good to legal information
dissemitation by the state. It is beleived by respondents 64% that print media is used most to
dissiminate legal knowledge. Internet and radio are used by each 12% respondents respectively and
it is followed by awareness training mentioned by 4% of respondents. Interesting finding is that 4%
of respondents mentioned legal information dissemitation through telephone. On the other hand,
there still are 22% of respondents who said they don’t know.
2.8.How would you rate the level of legal information dissemitation by the state?
Response Frequency Percentage
Good
8 16
Average
16 32
Not Good
21 42
Don’t Know
5 10
Total
50 100
According to the survey result, respondents think that legal information is disseminated by 5 ways.
And 64% mentioned dissemination through print media and radio 12%, internet 12% respectively.
However, there are only 4% who said legal information are disseminated by wareness raising
training. One interesting way is dissemination via telephone and 4% of respondents mentioned.
There are also 22% who don’t know what media are used to disseminate legal information.
2.9. What media are used to dissiminate legal information?
Internet Frequency Percentage
No 44 88
Yes 6 12
Total 50 100
Print Media Frequency Percentage
No 18 36
Yes 32 64
Total 50 100
Radio Frequency Percentage
No 44 88
Yes 6 12
Total 50 100
Awareness Raising Frequency Percentage
No 48 96
Yes 2 4
Total 50 100
Mobile Phone Frequency Percentage
No 48 96
Yes 2 4
Total 50 100
Don’t Know Frequency Percentage
No Response 39 78
Don’t Know 11 22
Total 50 100
It is observed that main obstacle in raising legal awarenedd of citizens is departmental weakness
and 35% of respondents mentioned this cause and 22% stated lack of awareness raisings. 6% of
respondents mentioned bribery as one obstacle. Only each 2% mentioned language diversity/
wording and fear as obstacles. 16% also chose the “other” option.
2.10.What are the main obstacles to
raising legal awareness of citizens? How to
overcome obstacles?
Obstacles Frequency Percentage
Departmental Weakness 19 38
Bribery 3 6
No Awareness Raising 11 22
Language diversity/ Wording 1 2
Fear 1 2
Other 8 16
No Response 6 12
Total 50 100
How to overcome obstacles?
Response Frequency Percentage
Awareness Trainings 12 24
legal Information Dissimination From Village/Ward Level 6 12
Fighting against corruption 1 2
Media Courage 5 10
No Response 18 36
State’s Approval without pressure 8 16
Total 50 100
3.Legal Advice and Representation
In looking at the availability of legal services, 74% of respondents said that organization offering legal
advice are available and 22% said not available. Besides, 54% believes that lawyers offering legal
advice and representation to citizens are available and 38% still think not available on this case.
Likewise, 58% of respondents believes there is the availability of lawyers service that are free of
charge while 38% still think no available. Regarding services by paralegals and non-lawyers, 60%
thinks it is available and 26% said it is not. When accessing further information about roles of
paralegals in resolving justice problems, 68% said that they don’t know the roles played by
paralegals in resolving justice problems. However, 14% said ensuring justice, 4% thinks providing
legal advice and 2% thinks providing awareness raisings as roles of paralegals.
3.1. What is vailability of organizations offering legal advice?
Response Frequency Percentage
Available 37 74
Not Available 11 22
Don’t Know 2 4
Total 50 100
3.2. What is the availability of lawyers offering legal advice and representation to citizens?
Response Frequency Percentage
Available 27 54
Not Available 19 38
Don’t Know 4 8
Total 50 100
3.3. What is the availability of lawyers’ services that are free of charge?
Response Frequency Percentage
Available 29 58
Not Available 19 38
Don’t Know 2 4
Total 50 100
3.4. What is the availability of services by paralegals and non-lawyers?
Response Frequency Percentage
Available 30 60
Not Available 13 26
Don’t Know 7 14
Total 50 100
3.5. What roles do paralegals play in resolving justice problems?
Roles of Paralegals Frequency Percentage
Providing Legal Advice 2 4
Ensuring Justice 7 14
Don’t Know 34 68
No Response 6 12
Prividing awareness raising 1 2
Total 50 100
4.Access to a Justice Institution
Regarding access to justice institution, 44% responded that it is not easily accessible to the court
where as 40% siad it is eaisly accessible to the court. Moreover, majority 84% of respondents have
heard about paying for accessing the justice institution and 37% of respondents have experience
regarding payment of accessing the justice institution. However, there are also 16% of respondents
who have never heard about the cost and 66% also did not experience that. Regarding time taken to
resolve justice problem, only 2% said it is quick and 12% said it is normal. Although majority of
respondents 76% respondend that it does not take vey long to resolve, 8% said it takes a long time.
4.1. Is it accessible to the court in resolving justice disputes or problem?
Response Frequency Percentage
Accessible 20 40
Not Accessible 22 44
Don’t Know 8 16
Total 50 100
4.2. Have you ever heard about the costs of accessing the justice institution? Have you ever experienced?
Response Frequency Percentage
Never Heard 8 16
I Heard 42 84
Total 50 100
4.3. How quickly are justice problems resolved?
Response Frequency Percentage
Takes A long Time 4 8
Don’t Take A long Time 38 76
Having Experience of Cost accessing The Justice Institution
Response Frequency Percentage
No 33 66
Yes 17 34
Total 50 100
Normal 6 12
Quick 1 2
Don’t Know 1 2
Total 50 100
Respondents also mentioned many obstacles preventing citizens from bringing justice before the
justice institution. Among various obstacles, money is believed as main obstacle by 22% of
respondents and the second main obstacles stated are fear and weakness of the court according to
each 12% response. Besides, delay or suspension is described as one obstacle by 10% of respondents.
However, bribery is mentioned only by 6% of respondents and power/authority is stated by only 2%.
Another intresting finding is that 6% of respondents said that lack of legal knowledge is main obstacle
preventing citizens from bringing justice before the justice institution. Nevertheless, 22% of key
informants still respondeded that they have no idea regarding obstacles.
4.4. What obstacles prevent citizens from bringing justice before the justice institution?
Obstacles Frequency Percentage
Money 11 22
Power /Authority 1 2
Bribery 3 6
Delay 5 10
Lack of Legal Knowledge 3 6
Fear 6 12
Don’t Know 11 22
No Response 4 8
Weakness of the court 6 12
Total 50 100
5.Fair Procedures
Almost all of respondents, 96%, believes that citizens have the right to present arguments and call
witnessess before the justice system. And only 2% think that there is no such right. Likewise, 90% of
respondents believes that citizens have right to reasoned decision that can be reviewed by higher
tribunal. And 4% thinks that there is no that right and 6% said they don’t know. Similarly to the cost
of accessing justice institution, majority 62% of respondents have heard about paying money to lodge
an appeal. And 26% said they have never heard and 12% said they have no idea. Regarding the time
taken for an appeal to be heard, majoirty 60% said that they don’t know how long it takes for an appeal
to be heard and only 40% could respond month taken for appeal to be heard. Thoroughly looking at
those 40%, 2% said it takes 1 month, another 12% said 2 months and another 10% said it takes 3
months. Each 2% aslo stated that it takes 4 months, 5 months and 6 months respectively.
5.1. Do citizens have the right to present arguments and call witnessess before the justice system?
Response Frequency Percentage
Yes 48 96
No 1 2
Don’t Know 1 2
Total 50 100
5.2. Have you ever heard about paying money to lodge an appeal?
Response Frequency Percentage
Yes 31 62
No 13 26
Don’t Know 6 12
Total 50 100
5.3. Do citizens have a right to reasoned
dicision that can be reviewd by a
higher tribunal? Or Do citizens have
right to lodge an appeal after
judgement?
Response Frequency Percentage
Yes 45 90
No 3 6
Don’t Know 2 4
Total 50 100
5.4. What is the time taken for an appeal to be heard?
Response Frequency Percentage
Don’t Know 30 60
A Month 6 12
Two Month 6 12
Three Month 5 10
Four Month 1 2
Five Month 1 2
Six Month 1 2
Total 50 100
The Labour Organization Law
6.Legal Framework
90% of respondents said that Myanmar has laws protecting labor’s rights although only 10% of
respondents know section 24 of 2008 Constitution that assigns government to enact necessary laws
to protect the rights of workers. 6% of respondents do not know the existence of laws protecting
labours rights and majority 86% do not know the section 24 of Myanmar constituion.
6.1. Does Myanmar has laws protecting labours’ rights?
Response Frequency Percentage
Exist 45 90
Not exist 2 4
Don’t Know 3 6
Total 50 100
6.2. Do you know section 24 of Constitution?
Response Frequency Percentage
I Know 5 10
Don’t Know 43 86
No Response 2 4
Total 50 100
Despite 74% of respondents have heard about the labour organization law, only 6% know the law well
and 5% know slightly. As 68% of respondents do not know the law, 14% have not ever even heard
about the existence of the labour organization law.
6.3. Have you ever heard about the Labour Organization Law?
Response Frequency Percentage
Yes 37 74
No 5 10
Don’t Know 7 14
No Response 1 2
Total 50 100
Knowing Labor Organization Law
Response Frequency Percentage
Know 3 6
Know Slightly 5 10
Don’t Know 34 68
No Response 8 16
Total 50 100
Although only 74% have ever heard about the labour organization law, 88% responded that the
formation of labor organization is legally allowed. Besides, 68% of respondents said they know that
internal labor unions can connect and cooperate with international labors federations. Only 8% do not
know that the formation of labor organization is legally allowed and 6% of respondets do not know
that internal labor unions can connect and cooperate with international labors federations. 26% did
not respond the question of knowing that internal labor unions can connect and cooperate with
international labors federations.
6.4. Is formation of labor organizations legally allowed?
Response Frequency Percentage
Allowed 44 88
Not Allowed 1 2
Don’t Know 4 8
No Response 1 2
Total 50 100
6.5. Do you know that internal labor unions can connect and cooperate with
international labors federations?
Response Frequency Percentage
Know 34 68
Don’t Know 3 6
No Response 13 26
Total 50 100
Majority 82% of respondents said they did not know the withdrawal of 1926 The Trade Unions Act and
only 8% said that they were aware of repealing 1926 The Trade Unions Act as in section 58 of the
labour organization law. Likewise, only 10% of respondents said that they are aware of contitnued
application of the Trade Dispute Act. With 52% of those who did not know this ongoing application of
some sections of the Trade Dispute Act, 4% also said they were not aware of that.
6.6. Are you aware of withdrawal of 1926 The Trade Unions Act?
Response Frequency Percentage
Withdraw 4 8
Not Withdrawn 4 8
Dont Know 41 82
No Response 1 2
Total 50 100
6.7. Are you aware of that the trade dispute act can still be applied?
Response Frequency Percentage
Aware 5 10
Not aware 2 4
Don’t Know 26 52
No Response 17 34
Total 50 100
7.Legal Framework
Regarding the definiton of lobor stated in section 2(a) of the Labor Organization Law, 22% of
respondnets said they know the definition and 8% said they know slightly. However, majority 66% of
respondents said they did not know the definition as described in the law and 4% did not respond the
question.
In assessing respondents’ understanding on public utility services, most of respondents which is more
than 50%, did not understand public utility services defined in the labour ogranzations law according
to the survey. The highest percent is transportation as 36% of respondents mentioned transportation
as one of businesses embraced in public utility services. The second busines 32% of respondent could
mention is business relating to communication and the third one that 26% stated is buniness of
production, transmission and distribution of electricity or fuel energy to the public. Night Solid
Disposal or Sanitation Business (Municipal Affairs and Public Health) also is described by 18% of
respondents as public utility service. However, other important businesses namely Pulic Financial
Services and Petroleum or Petroleum Products Distribution Business for the public were mentioned
only by each 6% respondents. The lowest awareness is on business stipulated occasionally by the
Union government as the public utility service that is responded by 2%.
As section 3(b) of the labor organization describes that every workers have the right to join as a
member in labor organization formed according to the category of trade or activity relating to them,
48% of respondents said they know that right and 20% said they don’t know. The rest 32% did not
respond the question. As mentioned above, though 48% know the right to join as member in relevent
labor organization, only 24% know that minmum 30 members is required by law to form the labor
organization. And only 12% of respondnets know minimum requirement of recommendations from
10% of all related workers. The rest over 76% did not know those requirements in forming labor
organization.
7.3. Do you know that every workers have
the right to join as a member in labor
organization formed according to the
category of trade or activity relating to
them? (3b)
Response Frequency Percentage
I Know 24 48
Don’t Know 10 20
No Response 16 32
Total 50 100
7.4. How does basic labor organization can be formed? What is minimum members requirement? What is required minimum recommendations? (4a)
Response Frequency Percentage
Don’t Know 38 76
Know 12 24
Total 50 100
What is minimum members requirement?
Response Frequency Percentage
No Response 38 76
30 Members 12 24
Total 50 100
Minimum Recommendations required
Response Frequency Percentage
Don’t Know 44 88
10% of all related workers 6 12
Total 50 100
There are two national organizations concering labors, Labour Federation and Myanmar Labour
Organization. However, majority 82% of respondents did not know the difference between these two
bodies. Only 8% know well and 4% said they know just slightly.
7.5. What is the difference between Lablour Federation and Myanmar labour
confederation?
Response Frequency Percentage
Know Well 4 8
Don’t Know 41 82
Know Slightly 2 4
No Response 3 6
Total 50 100
Section 11(a) of labour organization law mentions any labour organization formed under the category
of relating trade or activity need to register in township register. And most of respondents which is
64% said they are aware of this and 36% said they don’t know. Furthermore, if desirous to seperate
from labour organization joined, section 15 requires to register in township register. As mentioned in
the law, 64% also said they know and 34% said they don’t know this requirement to register in
township level if desirous to seperate from labour organization joined.
7.6. Does labor organization need to register in township level? (11a)
Response Frequency Percentage
Yes 32 64
Don’t Know 18 36
Total 50 100
7.7. Does it need to apply to township register if a lobour organization desire
to re-secess from the labour organization joined? (15)
Response Frequency Percentage
Require 32 64
Not require 1 2
Don’t Know 17 34
Total 50 100
Regarding requirement to submit annual financial report after froming labour organization, 62% of
respondents said it is required and 34% said that they don’t know. Only 4% said it is not required.
7.8. Is labor organizations required to submit annual finacial report?
Response Frequency Percentage
Reqire 31 62
Not Require 2 4
Don’t Know 17 34
Total 50 100
Another important section protecting labour right is section 18 which grantees members of labour
organization not to be dismissed with the reason of joining labour organization. 80% of respondents
said they lobour organizations have the right to demand employer to reappoint the worker dismissed.
But, 4% said not having such right and 16% said they don’t know to the question.
7.9. If a member of lobor union is dismissed by the employer, does the union has right demand to reappoint? (18)
Response Frequency Percentage
Have Right to demand 40 80
No Right to demand 2 4
Don’t Know 8 16
Total 50 100
Regarding going on strike, 44% of respondents are aware of the requirement to inform beforehand.
But, only 4% could mention employer as one place to inform and 2% mentioned township labour
organization as another place to inform although it is described in law to inform to employer and to
relevant conciliation body. The rest 50% said they don’t know where to inform and 44% even did not
respond the question. However, there are many obstacles preventing workers to prior inform to go
on strike. 18% of respondents said one obstacle as section 18 ( of Peaceful Procession and Assembly
Law) and another 18% mentioned governmetal departments’ blocking. Other obstacles stated
includes fear by 6%, police by 4% and employer 1%. Nevertheless, majoirity of respondents 30% did
not respond and 20% said they don’t know the obstacle.
Notice: Most of respondents who answered “don’t know” are confused this with section 18 of
peaceful procession and assembly law. Therefore, they responded that it needs to inform and seek
permission to go on strike from ward administrators, township administrator and police office.
7.10. Do you know that it is required to inform in advance for labor organization desirous to go on strike? Where does it be informed? (39) (Not included public utility service)
Response Frequency Percentage
Required 22 44
Not Required 2 4
Don’t Know 10 20
No Response 16 32
Total 50 100
Where does it be informed?
Response Frequency Percentage
Township Labour Organization 1 2
Don’t Know 25 50
No Response 22 44
Employer 2 4
Total 50 100
7.11. What are obstalces preventing to inform beforehand to go on strike?
Response Frequency Percentage
Employer 1 2
Government Departments’ blocking 9 18
Fear 3 6
Don’t Know 11 22
No Response 15 30
Section 18 9 18
Police 2 4
Total 50 100
Regarding undertanding strike and demonstration, only 26% of respondents said they know the
difference bwteen demonstration and strike while 40% of respondents did not know the difference.
Besides, 32% of respondents did not respond this question. As stated in the section 41 of the labour
organization law, those who said they know illegal strike or lock-out are 34% and who know slightly
are 12%. However, there still are 48% who did not know what is illegal strike and lock-out described
in the law.
7.12. Do you know difference between demonstration and strike?
Response Frequency Percentage
Know 13 26
Don’t Know 20 40
No Response 16 32
Know Slightly 1 2
Total 50 100
7.13. Do you know illegal strike or lock-out? (41)
Response Frequency Percentage
I Know 17 34
Don’t Know 24 48
Response 3 6
Know Slightly 6 12
Total 50 100
According to the survey, only 22% of respondents said enhancing knowledge on the labour
organization is availble and 58% thinks it is not available. Besides, only 26% were aware of legal
education on the labour organization law through media while 60% were not aware of that. The result
is even worse for legal education in local language because there are only 2% who said enhancing
knowledge on the labour organization law in local language is available. Majority 76% of respondents
said enhancing knowledge in local language is not available and 20% did not know the existence of
such program. In researching obstacles faced, 26% said the governemnt itself is obatacle in providing
legal knowledge on the labour organizationlaw to the public. Another 16% mentioned lack of provider
of such service and nother 14% said employers are one obstacle in providing knowledge on the labour
organization law. While 12% mentioned “other obstacle” not included in the categories, 8% of
respondents stated financial hurdle as one obstacle. Nevertheless, respondents also provided some
suggestions to solve those obstacles. 36 % of respondents said raising awareness on the relevant law,
16 % mentioned to increase media coverage and 10% said cooperation with the state on this issue.
2% suggested to take multiple actions at the same time to enhance legal knowledge on the labour
organization law.
7.14. What is the availability enhancing knowledge on the lobour organization law?
Response Frequency Percentage
Available 11 22
Not available 29 58
Don’t Know 9 18
No Response 1 2
Total 50 100
7.15. Are you aware of legal education on the labor organization
law through media?
Response Frequency Percentage
Aware 13 26
Not aware 30 60
Don’t Know 7 14
Total 50 100
7.16. Is it available legal education on the labor organization law in local language?
Response Frequency Percentage
Available 1 2
Not Available 38 76
Don’t Know 10 20
No Response 1 2
Total 50 100
7.17. What are obstacles in providing legal education on the labour organization law
to the public? How could it be worked out?
Response Frequency Percentage
Employer 7 14
Government 12 24
Other 6 12
Lack of Provider 8 16
Don’t Know 8 16
No Response 4 8
Financial hurdle 4 8
Lack of interest 1 2
Total 50 100
How could it be worked out?
Response Frequency Percentage
Rasing Awareness 18 36
Covering through media 8 16
Don’t Know 4 8
No Response 14 28
Apply multiple actions 1 2
Cooperation with the State 5 10
Total 50 100
8. Legal Advice and Representation
Regarding accessiblity of legal advice on the labour organization law, 46% siad it is easily accessible to
obtain while 44% said not accessible to obtain such advice. However, regarding lawyers service that is
free of charge for labour affairs, majority 56% said it is availalble. Likewise, service by paralegals and
non-lawyers also responded as available by 68% of respondnets.
8.1. Is it easily accessible to obtain legal
advice on the labor organization law?
Response Frequency Percentage
Accessible 23 46
Not accessible 22 44
Don’t Know 5 10
Total 50 100
8.2. What is availability of lawyers service that are free of charge for labour affairs?
Response Frequency Percentage
Available 28 56
Not available 17 34
Don’t Know 5 10
Total 50 100
8.3. What is the availibility of services regarding the labour organization law by paralegals and non-lawyers?
Response Frequency Percentage
Available 34 68
Not available 9 18
Don’t Know 7 14
Total 50 100
9. Access to Justice
Concering access to justice, most of respondendts 62% believed that labour disputes are resolvable
by reconciliation tribunal while only 20% said not resolvable. On the other hand, only 30% of
respondents thougth that disputes are resolvable in informal/civil court or justice institution. Though
18% said it is resolvable in informal court, majority of respondents 53% selected “don’t know” and
“No Response” options. Furthermore, another important finding is 76% of respondents, which is
majority, did not know what can be carried out if someone is dissatisfied with the decision of chief
register rejecting register or nullyfying register. Only 6% know thoroughly and 16% know slightly what
to carry on in this situation.
9.1. Are labour disputes resolvable by reconciliation tribunal?
Response Frequency Percentage
Resolvable 31 62
Not resolvable 10 20
Don’t Know 8 16
No Response 1 2
Total 50 100
9.2. Do you know that labour disputes are resolvable in informal/civil court or
informal justice institution?
Response Frequency Percentage
Resolvable 15 30
Not resolvable 9 18
Don’t Know 10 20
No Response 16 32
Total 50 100
9.3. Do you know what can be continued doing for dissatisfaction with the chief register’s decision of
rejecting register and nullifying register?
Response Frequency Percentage
Know thoroughly 3 6
Don’t Know 38 76
Know Slightly 8 16
No Response 1 2
Total 50 100
According to the respondents, 42% said they know well to what can be carried on if a worker is
dismissed from work because of joining the labour organziation or forming labour organization or
going on strike. There are also 18% who know what to carry on slightly. However, there are also 38%
who do not know what to do in this situation.
Likewise, 44% said they know well to what shall be legally carried out if employer in non-public
utility services dismisses a worker without 14 days prior notice. 18% also know this slightly.
However, 34% of respondents do not know what can be legally acted in this situation.
9.4. What shall be legally carried out if employer in non-public utility services
dismisses a worker without 14 days prior notice? (37)
Response Frequency Percentage
Know Well 22 44
Don’t Know 17 34
Know Slightly 9 18
No Response 2 4
Total 50 100
9.5. What can be carried on if it is believed that a worker is dismissed from work because of joining labor organization
or forming labour organization or going on strike?
Response Frequency Percentage
Know Throughly 21 42
Don’t Know 19 38
Know Slightly 9 18
No Response 1 2
Total 50 100
10. Fair Procedure
Regarding a worker going on strike, although majority of respondents know that a worker shall not be
dismissed for going on strike, there still are 10% who said that worker shall be dissmissed. And another
16% did not know if the worker shall be dismissed or not for going on strike. Concering the situation
where employer taken action send an appeal, 32% did not say anything to the question of who will be
responsible person for the loss or sufferings while 20% did not know the responsible person in the
situation. Nevertheless, 26% of respondents said employer himself/herself is responsible for the loss
and sufferings and another 8% said government is responsible. Intesresting finding is that another 8%
also mentioned the fact that there is no one taking responsibility. However, there are also 4% who
think labour unions as responsible body and 2% think that social welfare and security department is
responsible for the loss and sufferings.
10.1. Shall a worker be dismissed for going on strike?
Response Frequency Percentage
Yes 5 10
No 36 72
Don’t Know 8 16
No Response 1 2
Total 50 100
10.2. Who will be responsible for the loss or sufferings of labours when employer taken action send an appeal?
Response Frequency Percentage
Employer 13 26
Government 4 8
Social Welfare/Security 1 2
No one take responsible 4 8
Don’t Know 10 20
No Response 16 32
Labour Unions 2 4
Total 50 100
According to law, reconciliation tribunal can decide to compensate or to reappoint a worker dismissed
if the dismissal is found unfair. Majority of respondents,72%, said decision to give compensation to
the worker unfairly discharged is more upright decision. Howver, 28% did not think compensation as
a more decent decision. Regarding reappointment, 60% of respondents which is lower than 72% of
respondent supporting compensation decision said reappointment is more upright. However, 40% did
not think it is upright judgement.
............................................................................................................................. ..................................
Key Findings: Anti-Corruption Law
Background Information of Key Informants
Survey on the awareness on the anti-corruption law was conducted in Dawei township in Taninthari
region, Myitgyina township in Kachin State, Mawlamyine in Mon state and Taunggyi, Pinlon, Lashio,
Sisai, Hopone, Kyaukme and Naungcho townships in Shan state respectively. Total sample of 49 key
informants/respondents from 10 townships have been interviewed in person by well-trained
interviewers.
As survey was conducted in 3 states and 1 region making up majority 43% from Shan state, 20%
from Kachin state and each 18% from Taninthayi region and Mon state. Tenderly looking at
respondents, percent of male respondents are larger than female respondents, 69% male and 31%
female. By age, most of the respondents are middle age between 31 to 50 years making up 47% and
young people under age 30 accounts for 16% of all. Besides, 30% of respondents aged above 51 also
took part in the survey.
Township
Townships Frequency Percentage
Dawei 9 18
Myitgyina 10 20
Taunggyi 2 4
Pinlon 4 8
Sisai 3 6
Mawlamyine 9 18
Lasho 5 10
Hopone 2 4
Kyautme 3 6
Naungcho 2 4
Total 49 100
Age of Respondent
Age Frequency Percentage
18-24 4 8%
25-30 4 8%
31-40 10 20%
41-50 13 27%
51-60 8 16%
61 and above 7 14%
No Response 3 6%
Total 49 100%
Township
Region/ State Frequency Percentage
Taninthayi Region 9 18%
Kachin State 10 20%
Shan State 21 43%
Mon State 9 18%
Total 49 100%
Gender
Gender Frequency Percentage
Female 15 30.6
Male 34 69.4
Total 49 100.0
By respondent’s occupation, the biggest group 20% are business persons and their repsresentatives
or staff, 16% are political leaders/members of parliaments and another 16% are leaders of social
groups or communitiy based organization. Farmers/farmer unions and labors/labor unions comprise
8% in total. lawyers and justice staff making up 8% and village administrators/elders 8% also
represented in this survey. Interesting thing is that 8% of eligious leader also paticipated in the
study.
When looking at respondents by their affiliated organization, total 70% of respondents are affiliated
with one of these organizations described in the list of category. Among them, the largest group 28%
are from civil society organizations or community based organizations, and it is followed by
governemnt institutions 14% and political parties 14%. A total of 8% are from the three main
religious organizations specifically christian, buddhist and islam organizations respectively. There are
also 4% who are self-employed in the study. Concerning postions at work, they survey included all
respondents with various level of positions at work making up staff 18%, business owners 16% and
members in organizations 16%. Together with members of parliament 6%, ledearship level namely
chairman/president/founders and general secretary of organizations represented 14 % of total
respondents.
2%
2%
2%
6%
6%
6%
8%
14%
16%
16%
20%
0% 5% 10% 15% 20% 25%
Judicial Staff (n=1)
Farmers and Farmer Union (n=1)
No Response (n=1)
Village Administrators and Elders (n=3)
Lawyer (n=3)
Labors and Labor Union (n=3)
Religious Leaders (n=4)
Leaders of Civil Society Organizations (n=7)
Leader of Social Groups or CBO (n=8)
Political Party Leader/ Members of…
Business Person and Staff (n=10)
Occupation of Respondents(n=49)
Organizatons of Key Informants
Organizations Frequency Percentage
Christian Organization
2 4
Budhist Organization
1 2
Islam Organization
1 2
Government 7 14
Politcal Party 7 14
CSOs and CBOs 14 28
Self-employed 2 4
No Organization
15 30
Total 49 100
Positions at Work
Position at Work Frequency Percentage
Chairman/President 3 6
General Secretary 1 2
Members 8 16
Labors 2 4
Local In Charge 4 8
Founders 3 6
Members of Parliament
3 6
Pastors and Religius Affliated Staff
2 4
Staff 9 18
Business Owners 8 16
Abbot or Head of Monastry
1 2
No Position 5 10
Total 49 100
Christian Organization
4%
Budhist Organization
2%Islam
Organization2%
Government14%
Politcal Party14%
CSOs and CBOs29%
Self-employed4%
No Organization31%
ORGANIZATION OF RESPONDENTS (N=49)
By looking at the ethnic background of respondents, it is found out that respondents from 13 ethnic
groups were surveyed. And majority ethnic groups in the survey are bamar and kachin each
accounting for 20% and the second biggest group dawei 16% is followed by the particiation of mon
ethnic respondents 12%. Besides, a numbers of ethnic minorities namely Taung-yo, Myaung-si, Da-
nu, Wa, Pa-Oh, Shan and Karen also took part in the survey totalling 14% of all respondents.
General Awareness
2. legal frameworks
In assessing general legal awareness of respondents, majoirty 76% of respondents said that there
are laws clearly protecting rights of citizen. Nevertheless, only 41% could mention the laws and
majority 57% did not know which laws are out there to protect rights of citizens. Besides, laws they
mentioned are “constitutions”stated by 18%, “constitution and other laws” are stated by 6% and
“other laws” are by 18% of respondents. Therefore, it can be concluded that most of respondents
could not express the laws which they think clearly protect the rights of citizens.
1.1. Are there any laws that clearly protect rights of citizen?
Response Frequency Percentage
Yes 37 76
1.1.1. If exists, which laws do you know?
Response Frequency Percentage
Constitution 9 18
2%
2%
2%
2%
2%
2%
2%
6%
10%
12%
16%
20%
20%
0% 5% 10% 15% 20% 25%
Kayin (n=1)
Shan (n=1)
Wa (n=1)
Da-Nu (n=1)
Myaung-Zi (n=1)
Taung-Yo (n=1)
Mon Bamar Mixed (n=1)
Islam (n=3)
Pa-O (n=5)
Mon (n=6)
Dawei (n=8)
Kachin (n=10)
Bamar (n=10)
Ethnicity Of Respondents(Total=49)
No 5 10
Don’t Know 7 14
Total 49 100
Constitution and other laws
3 6
Other laws 9 18
Don’t Know 28 57
Total 49 100
Similarly in the existence of customary pratices, although 67% of respondents said that there are
customary law and practices protecting rights of citizen, 51% could not state the name. 20%
mentioned Myanma Customary law, 16% pointed out indiginous customary laws and another 8%
stated relegion related laws as customary pratices/laws protecting rights of citizens. However, there
still are 14% of respondents who said there is no such customary laws to protect citizen rights.
1.2.Are there any customary laws and pratices that clearly protect citizens’
rights?
Response Frequency Percentage
Yes 33 67.3
No 7 14.3
Don’t know 9 18.4
Total 49 100.0
1.2.1.If yes, which customary laws and practices do you know?
Response Frequency Percentage
Myanmar Customary Law
10 20.4
Religion related Laws
4 8.2
Indiginous Customary Laws
8 16.3
Don’t Know 25 51.0
Other 2 4.1
Total 49 100.0
Regarding comfortableness of reading laws, majority 82% said it is not easy to read and only 10%
said that it is easy. Reasons of diffculty reading laws are described as usuage of complicated words
by 27% of respondents and lack of clarity and simplicity by 22% of respondents. There are also
another 20% who selected “other” options for reason not described specifically in the category.
Furthermore, 29% of respondents which also is a big group in the survey did not even know if it is
easy or not reading laws.
1.3.Is it easy to read laws?
Response Frequency Percentage
Easy 5 10.2
Not easy 40 81.6
Don’t know 3 6.1
No Response
1 2.0
Total 49 100.0
If not easy, why?
Reasons Frequency Percentage
Usage of difficult words or terms
14 28.6
No clarity and simplicity
11 22.4
Other 10 20.4
No Response 14 28.6
Total 49 100.0
It is found out that 37% of respondents think that laws are being actively applied and equally
another 37% also believes that laws are not being actively applied. Interesting finiding is that
majority 84% of respondents said there is informal justice institution to solve the justice problems
while only 7% said there is no informal justice institution. Besides, unlike in previous question, there
is only 2% who responded that they did not know to the availability of informal justice institution
that solves the justice problems.
1.4.Do you think laws are active and being applied?
Response Frequency Percentage
Apply 18 36.7
Not apply 18 36.7
laws illused or abused
7 14.3
Other 3 6.1
Don’t know 3 6.1
Total 49 100.0
1.5.Is there any informal justice institution to solve the justice problem?
Response Frequency Percentage
Yes 41 83.7
No 7 14.3
Don’t know 1 2.0
Total 49 100.0
Easy10%
Not easy82%
Don’t know
6%
No Response 2%
IS IT EASY TO READ LAW?(=49)
20%22%
29% 29%
0%
5%
10%
15%
20%
25%
30%
Other No clarityand
simplicity
Usage ofdifficult
words orterms
NoResponse
If not easy, why? (n=49)
3. legal knowledge
Assessing general legal knowledge of respondents, it is found out that there are six sources of
accessing legal information. Among them, print media rated the highest by 57% of respondents’
selections. Radio and televison followed as the second highest rated source by each 27%
respondents. And internet source also is agreed with 22% of respondents as one source of legal
information. Then 20% of respondents said that education training as well is a source of legal
information for the respondents. Though it is few, 10% of respondents also choose the catagoy of
acquantances and busineses as their one source of legal information.
2.1 How do you know or access legal information?
Access through Internet
Response Frequency Percentage
No 38 77.6
Yes 11 22.4
Total 49 100.0
Through Use of Printed Media
Response Frequency Percentage
No 21 42.9
Yes 28 57.1
Total 49 100.0
Access through Radio
Response Frequency Percentage
No 36 73.5
Yes 13 26.5
Total 49 100.0
Through Use of Television
Response Frequency Percentage
No 36 73.5
Yes 13 26.5
Total 49 100.0
Through Education Trainings
Response Frequency Percentage
No 39 79.6
Yes 10 20.4
Total 49 100.0
Through Accquantances/Business
Response Frequency Percentage
No 44 89.8
Yes 5 10.2
Total 49 100.0
Regarding knowlege on functions of justice system and justice actors, functions of lawyers is the
most known and total 39% of respondents said they know the functions of lawyers well and 35% of
respondents said that they also know the functions of formal justice system and the court. Functions
of paralegal is the least known among other functions and stated by 27%. Alternatatively, majority of
71% of respodents do not know the functions of paralegals, 61% do not know the functions of
formal justice system. Besides, 57% siad they aslo do not know even functions of lawyers which is
the most known questions. Similiarly, there are 55% who do not know the functions of the court
acoording to the result.
22%
57%
27%
27%
20%
10%
16%
Sources of legal Information (n=49)
Internet(n=11)
Print Media (n=28)
Radio (n=13)
Television (n=13)
Trainings (n=10)
Acquantaces/Workplace(n=5)
35%39%
27%
35%
61%57%
71%
55%
0%
10%
20%
30%
40%
50%
60%
70%
80%
Functions of the formalJustice system
Functions of lawyers Functions of the paralegals Functions of the court
Knowledge on Functions of Justice Institution and Actors (n=49)
I Know Don't know
22. Do you know functions of formal
justice system?
Response Frequency
Percentage
I Know 17 34.7
Don’t Know 30 61.2
No Response 1 2.0
Know Slightly 1 2.0
Total 49 100.0
2.3.Do you know functions of lawyers?
Response Frequency Percentage
I Know 19 38.8
Don’t Know 28 57.1
No Response 2 4.1
Total 49 100.0
2.4.Do you know functions of paralegals?
Response Frequency
Percentage
I Know 13 26.5
Don’t Know 35 71.4
Know Slightly 1 2.0
Total 49 100.0
2.4. Do you know functions of the court?
Response Frequency
Percentage
I Know 17 34.7
Don’t Know 27 55.1
Know Slightly 5 10.2
Total 49 100.0
With regard to enchancing knowledge by state and non-state actors, majority 67% of respondents
said that there is enhancing legal knowledge by state and non-state actors. And only 27% said no.
However, regarding educating in local laguages, only 29% of respondents said that legal educations
are provided in local languages and majority 67% said no training are available in local languages.
2.5 Are there legal educations provided in local languages?
Response Frequency
Percentage
Yes 14 28.6
No 33 67.3
Don’t Know 2 4.1
Total 49 100.0
2.6. Are there state and non-state actors undertaking to enhance legal knowledge?
Response Frequency
Percentage
Yes 33 67.3
No 13 26.5
Don’t Know 3 6.1
Total 49 100.0
Furthermore, level of legal information disseminated by the state was rated as not good by majority
of respondents 57%. 25% of respondents rated the level as average and only 8% said good to the
level of the state’s distribution of information. There are also 10% who did not know what to rate to
the level of government’s dissemination of information according to the survey result.
2.7. How would you rate the level of legal information dissimitation by the
state?
Response Frequency
Percentage
Good 4 8.2
Average 12 24.5
Not Good 28 57.1
Don’t Know
5 10.2
Total 49 100.0
Regarding media used to dissiminate legal information, print media is the most selected by 76% of
respondents which is the highest rate among other sources. And radio and television also have the
high rate of response accountingfor 51% televion and 50% radio. The third highest media used to
dissiminate legal information is internet and makes up 22% of respondents. Besides, 10% of
respondents said that awareness raising trainings are also used to dissiminate legal information.
There are only 12% of those answered “I don’t know” in the survey.
2.8. What media are used to dissiminate legal information?
Internet Frequency Percentage
No 38 77.6
Yes 11 22.4
Total 49 100.0
Print Media Frequency Percentage
No 12 24.5
Yes 37 75.5
Total 49 100.0
Good8%
Average25%
Not Good57%
Don’t Know10%
HOW WOULD YOU RATE THE LEVEL OF LEGAL INFORMATION
DISSIMINATION BY THE STATE? (N=49)
Awareness Raising Frequency
Percentage
No 44 89.8
Yes 5 10.2
Total 49 100.0
Radio Frequency Percentage
No 26 53.1
Yes 23 46.9
Total 49 100.0
Television Frequency Percent
No 24 49.0
Yes 25 51.0
Total 49 100.0
Don’t Know Frequency Percent
No Response 43 87.8
Don’t Know 6 12.2
Total 49 100.0
Main obstacles to raising legal awarness of citizens are discovered as mainly as lack of awareness
raisings and it is responded by most 37%, departmental weakness or disturbance is mentioned by
25% of respondents, language by 6%, difficulty accessing legal books is by 4% and bribery is
mentioned by 4%. 10% of respondents also selected “other” category to express obstacles not
included in the categories. There are also 14% who could not respond this question. Despite
obstacles exist, majority 57% of respondents believed that obstacles can be resolved to some extent
by creating awareness trainings said by 27% , enhancing rule of law by 10%, and free from
intervention or disturbance of government that was answered by another 10% of respondents.
Moreover, 6% of respondents also believed that legal information dissimination from ward/village
level as one way to overcome obstacles and another 4% aslo suggested to hold “talks” on the issue
to overcome obstacles.
Internet(n=11)
Print Media(n=37)
Radio(n=23) Television
(n=25) AwarenessTrainings
(n=5)
Don’t Know (n=6)
22%
76%
47% 51%
10% 12%
Media Used to Disseminate Knowledge of Anti-Corruption (n=49)
2.10. What are the main obstacles to raising
legal awareness of citizens? How to
overcome obstacles?
Obstacles Frequenc
y Percen
t
Departmental Weakness/Disturbance
12 24.5
Bribery 2 4.1
No Awareness Raising 18 36.7
Difficult Access to legal books
2 4.1
Language 3 6.1
Other 5 10.2
No Response 7 14.3
Total 49 100.0
How to overcome obstacles?
Response Frequency Percent
Talks 2 4.1
Awareness Trainings
13 26.5
legal Information Dissimination From Village/Ward Level
3 6.1
No Response 21 42.9
Free from Governmennt’s Disturbance or Intervention
5 10.2
Enhancing Rule of Law
5 10.2
Total 49 100.0
4%
4%
6%
10%
14%
24%
37%
0% 5% 10% 15% 20% 25% 30% 35% 40%
Bribery
Difficult Access to legal books
Language
Other
No Response
Departmental Weakness/ Disturbance
No Awareness Raising
What are main obstacles to raising legal awareness of citizens? (n=49)
4. Legal Advice and Representation
Regarding the availability of legal advice and representation, more than half of respondents
answered positively. According to the study, majority 67% of key informents responded that
organizatons offering legal advice are existing and only 22% said not existing. Likewise, 65% of
respondents also think that lawyers offering legal advice and representation to citizens are available
and only 29% thinks not available. Similarly, response to the availability of services by paralegals and
non-lawyers are also positive with 57% who responded available and 25% those who said not
available. Regarding lawyers serive that is free of charge, although there is 51% who think that it free
lawyers service are available, there are also 41% who don’t think that such free service by the
lawyers are available.
3.1.What is the availability of organizations offering legal advice to
citizens?
Response Frequency Percent
Available 33 67.3
Not Available 11 22.4
Don’t Know 4 8.2
No Response 1 2.0
Total 49 100.0
3.2.What is the availability of lawyers offering legal advice and
representation to citizens?
Response Frequency Percent
Available 32 65.3
Not Available 14 28.6
Don’t Know 3 6.1
Total 49 100.0
3.3. What is the availability of lawyers’ services that are free of
charge?
Response Frequency Percent
Available 25 51.0
Not Available 20 40.8
Don’t Know 4 8.2
Total 49 100.0
3.4. What is the availability of services by paralegals and non-
lawyers?
Response Frequency Percent
Available 28 57.1
Not Available 12 24.5
Don’t Know 9 18.4
Total 49 100.0
On the subject of the roles of paralegals played in resolving justice problems, the largest 47% said
that they do not know the roles the paralegals play. On the other hand, 25% of respondents think
that providing legal advice is the role of paragal and another 20% also think that ensuring justice as
the role of paralegals. One interesting finding is that fighting against bribery is said to be a role of
paralegals and it is responded by 4% . There is only 4% who did not respond this question.
3.5. What roles do paralegals play in resolving justice problems?
Response Frequency Percent
Providing Legal Advice 12 24.5
Ensuring Justice 10 20.4
Don’t Know 23 46.9
No Response 2 4.1
Fighting against bribery 2 4.1
Total 49 100.0
5. Access to a Justice Institution
Regarding accessibility to justice institution, majority 61% of respondents said that it is accessible to
the court in resolving justice disputes while 37% said the court is not accessible. Besides, almost all
of respondents 98% said they have heard about the cost accessing the justice institution although
only 20% had experienced. With regard to the time taken in resolving justice problem, 16% of
respondent said that it takes a long time while majority 63% said that it does not take a long time.
There are also 14% who said it takes normal and 6% who did not know.
4.1.Is it accessible to the court in resolving justice disputes or problem?
Response Frequency Percent
Accessible 30 61.2
Not Accessible 18 36.7
Don’t Know 1 2.0
Total 49 100.0
4.2.Have you ever heard about the costs of accessing the justice
institution? Have you ever experienced?
Response Frequency Percent
Never Heard 1 2.0
I Heard 48 98.0
Total 49 100.0
4.3. How quickly are justice problems resolved?
Response Frequency Percent
Takes A long Time 8 16.3
Doesn’t Take A long Time
31 63.3
Normal 7 14.3
Don’t Know 3 6.1
Total 49 100.0
Having Experience of Cost accessing The Justice Institution
Response Frequency Percent
No 39 79.6
Yes 10 20.4
Total 49 100.0
It is found out by 33% of respondents that money is main obastacle preventing citizens from bringing
justice before the justice institution. Lack of knowlege and mistrust also were mentioned as obstacles
by each 16% of respondents. Other obstalces mentioned includes bribery by 10% respondents, the
delay in the process by 6% respondents, power or authority by 4% respondents and fear by 2%
respectively. There are also 12% of respondents who did not know the obstacles protecting citizens
from bringing justice before justice institution.
4.4. What obstacles prevent citizens from bringing justice before the justice institution?
Response Frequency Percent
Money 16 32.7
Power /Authority 2 4.1
Bribery 5 10.2
Delay 3 6.1
Lack of Legal Knowledge 8 16.3
Fear 1 2.0
Don’t Know 6 12.2
Mistrust 8 16.3
Total 49 100.0
6. Fair Procedures
Regarding fair procedures in the justice system, almost all of respondents that is 98% believes that
citizens have the right to present arguments and call witnessess before the justice system and there
was no respondents anwered against with this. Likewise, 94% of respondents also think that citizens
have a right to reasoned decision that can be reviewed by a higher tribunal or lodge an appeal.
However, 65% of respondents siad that they have ever heard about paying money to lodge an appeal.
Nevertheless, there are also 20% who have never heard about paying money to lodge an appeal and
14% those who do not know about that. Concerning the time taken for an appeal to be heard, majority
of respondents 67% said they do not know the time taken while 8% said one month, another 8% said
two month and another 8% responded three month. Another 4% responded that it takes six month
for an appeal to be heard and every 2% also said that it takes four month and five month respectively.
5.1.Do citizens have the right to present arguments and call witnessess
before the justice system?
Response Frequency Percent
Yes 48 98.0
Don’t Know 1 2.0
Total 49 100.0
5.3.Have you ever heard about paying money to lodge an appeal?
Response Frequency Percent
Yes 32 65.3
No 10 20.4
Don’t Know 7 14.3
Total 49 100.0
5.2. Do citizens have a right to reasoned dicision that can be reviewd
by a higher tribunal? Or Do citizens have right to lodge an appeal after
judgement?
Response Frequency Percent
Yes 46 93.9
No 2 4.1
Don’t Know 1 2.0
Total 49 100.0
5.4. What is the time taken for an appeal to be heard?
Response Frequency Percent
Don’t Know 33 67.3
A Month 4 8.2
Two Month 4 8.2
Three Month 4 8.2
Four Month 1 2.0
Five Month 1 2.0
Six Month 2 4.1
Total 49 100.0
Knowledge on Anti-Corruption Law
7. Legal Framework
Regarding the legal framework of anti-corruption law, although majority of respondents 84% believes
that corruption is legally prohibited in Myanmar, fewer than 84%, 63% said laws fighting against
corruption are available in Myanmar. As 6% said that corruption is not legally prohibited and 10% of
respondents also did not know if it is legally prohibited or not. Besides, 25% of respondents also did
not know whether laws against corruption are available in Myanmar.
6.1.Is corruption legally prohibited in Myanmar?
Response Frequency Percent
Yes 41 83.7
No 3 6.1
Don’t Know 5 10.2
Total 49 100.0
6.2.Are laws available to fight against corruption?
Response Frequency Percent
Available 31 63.3
Not Available 6 12.2
Don’t Know 12 24.5
Total 49 100.0
Moreover, majority 60% of respondents said they have heard about anti-corruption law and only 25%
of respondents have never heard about anti-corruption law. However, there are only 8% who knows
about anti-corruption law thoroughly and 10% who know the law slightly. Majority 51% said they don’t
know about the law and 31% did not even respond the question.
6.3.Have you ever heard about anti-corruption law? If yes, what do you
know about anti-corruption law?
Response Frequency Percent
Yes 29 59.2
What do you know about anti-corruption law?
Response Frequency Percent
KnowThoroughly 4 8.2
No 12 24.5
Don’t Know 6 12.2
No Response 2 4.1
Total 49 100.0
Don’t Know 25 51.0
Know Slightly 5 10.2
No Response 15 30.6
Total 49 100.0
According to the survey, majority of respondents 61% said that they are aware of the existence of
anti-corruption comission while 31% said that they are not aware of that. Among 61% who are aware
of the existence of anti-corruption comission, 10% know thoroughly about the commission and 14%
know slightly. There are also 30% who did not respond this question. Likewise, 45% said that they do
not know their level of awareness on anti-corruption commission.
6.4. Are you aware of the existence of Anti-Corruption Commission? If yes, please tell your level of awareness?
Response Frequency Percent
Yes 30 61.2
No 15 30.6
Don’t Know 4 8.2
Total 49 100.0
Level of Awareness
Response Frequency Percent
Know Throughly
5 10.2
Don’t Know 22 44.9
Know Slightly 7 14.3
No Response 15 30.6
Total 49 100.0
It is believed by majority 53% of respondents that there is corruption case resolved outsite the court
while 16% said no to the question. 31% of respondents said that they don’t know whether there is
KnowThoroughly8%
Don’t Know51%Know Slightly
10%
No Response31%
What do you know about anti-corruption law? (n=49)
coruption case settled out of the court. Regarding the 1948 Suppression of Corruption Act, question
asked mainly to lawyers and justice staff only, 6% of respondents said they know well that the 1948
Suppresson of Corruption Act is still alive. And the rest 80% who are not relevant with the question.
6.5. Is there any corruption case resolving outside the court?
Response Frequency Percent
Yes 26 53.1
No 8 16.3
Don’t Know 15 30.6
Total 49 100.0
6.6. Is the 1948 Suppression of
Corruption Act still alive? (To ask
lawyers and justice staff only)
Response Frequency Percent
Know Well 3 6.1
Don’t Know 7 14.3
No Need To Respond
39 79.6
Total 49 100.0
7. Legal Knowledge
The definition of bribery is descbribed in section 2(a) as “ Bribery means after misusing his designation, and authorized person to do something, to refrain from doing legally, to give benefit legally to someone or to prohibit untruly the benefit deem right legally or doing directly or indirectly the bribes from relevant person for giving, receiving, obtaining, attempt to obtain, offering, promising, discussing for him or for other person or for organization;”. According to the survey, 89% of respondents said that they know the definition of corruption or bribery well and only 12% of respondents said they don’t know. Furthermore, majoirty of 78% said that they know also the definition of bribe well while only 18% did not know the definition. However, the definition they know might not be exactly the same as described in the law.
Yes53%
No16%
Don’t Know31%
Is there any corruption case resolving outside the court? (n=49)
7.1.Do you know the definition of corruption/bribery?
Response Frequency Percent
Know Well 43 87.8
Don’t Know 6 12.2
Total 49 100.0
7.2.Do you know the definition of bribe?
Response Frequency Percent
Know well 38 77.6
Don’t Know 9 18.4
Know Slightly 1 2.0
No Response 1 2.0
Total 49 100.0
It is also found out that majority 92% of respondents think that corruption can prosper or make wealth
and only 8% was aganist with this. Regarding the declaration of properties, 43% of respondents think
that authorized personnels and political power holders do not have to declare or submit their money
and properties while 33% think they have to declare their properties. There are also 25% of
respondents who do not know that it has to be done. However, it is described to declare properties in
section 49(a) of anti-corruption law.
7.3. Can corruption prosper or make wealth?
Response Frequency Percent
Yes 45 91.8
No 4 8.2
Total 49 100.0
7.4. Do authorized personnals and political power holders have to declare or submit their money
and properties? (49a)
Response Frequency Percent
Yes 16 32.7
No 21 42.9
Don’t Know 12 24.5
Total 49 100.0
With regard to enhancing knowledge on anti-corruption law, majority 80% of respondents said that
there are no any awareness rasings or educaiton training on anti-corruption law while only 10% said
there was awareness raising on this law. Besides, 74% of respondents said that they are not also aware
of enhancing knowledge on anti-corruption law through media. 16% of key informants reponded that
they were aware of hightening legal knowledge on this anti-corruption law through media. Each 10%
did not know both awareness rasing and knowledge improving on this law through media.
7.5. Is there any awareness raising or education training on anti-
corruption laws?
Response Frequency Percent
Yes 5 10.2
No 39 79.6
Don’t Know 5 10.2
Total 49 100.0
7.6. Are you aware of enhancing knowledge on Anti-Corruption Law
through media?
Response Frequency Percent
Yes 8 16.3
No 36 73.5
Don’t Know 5 10.2
Total 49 100.0
Futhermore, knowledge enhancing on anti-corruption law in local languages was responded by
majority 84% as not existing and only few percent of 4% said that it is existig. Another 12% also said
they do not know whether traninings on local laguages are provided or not.
92% 33%8% 43% 25%0%
10%
20%
30%
40%
50%
60%
70%
80%
90%
100%
Can corruption prosper or make wealth? Do authorized personnals and political power holdershave to declare or submit their money and properties?
Opinion on Declaration of Propertities and Corruption's ability to make wealth
Yes No Don't Know
7.6. Is there enhancing knowledge in local languages on anti-
corruption law?
Response Frequency Percent
Yes 2 4.1
No 41 83.7
Don’t Know 6 12.2
Total 49 100.0
Regarding obstacles faced in enhancing knowledge on anti-corruption law, the main obstacle that 41%
of respondents mentioned is authority. Another 18% pointed out lack of understanding on law and it
is followed by 14% of lack of intrest. Another 6% also mentioned money as one obstacle and the most
interesting answer is livelihood difficulty as one obstacle, however it is mentioned only by 2% of
respondents. In overcoming those obstacles, most of the respondents 37% did not respond this
question and 6% said they do not know. On the other hand, 26% of respondents mentioned to resolve
this with national level plan and 22% stated to conduct awareness raisings. Another 8% mentioned to
increase media coverage and few 2% suggested enhancing legal knowledge through library.
7.7. What are obstacles in enhancing knowledge on anti-corruption law? How do you think to solve them?
Response Frequency Percent
Authority 20 40.8
Livelihood Difficulity
1 2.0
Not Undertanding Law
9 18.4
Don’t Know 3 6.1
No Response 6 12.2
No Interest 7 14.3
Money 3 6.1
Total 49 100.0
How do you think to solve them?
Response Frequency Percent
Awareness Raising Trainings
11 22.4
Don’t Know 3 6.1
No Response 18 36.7
Covering in media
4 8.2
By National level Solution or Plan
12 24.5
Library 1 2.0
Total 49 100.0
Yes4%
No84%
Don’t Know12%
Is there enhancing knowledge in local laguages on anti-corruption law? (n=49)
8. Legal Advice and Representation
According to the finding, 41% of respondents said there is no accesibility of legal services in lodging
the corruption complaint while majoirty 53% said there is accessiblity of legal services in lodging the
corruption complaint. Nethertheless, regarding the avilalibility of lawyer’s free serives for corruption
complaints, majority of respondents 65% said it is not available and only 18% said that it is available.
16% of respondents stated that they do not know whether lawyer’s free services are available for
corruption complaints.
8.1.What is the accessibility of legal services in lodging the corruption
complaint?
Response Frequency Percent
Access 26 53.1
8.2.What is the availability of lawyer’s service that is free of charge
for corruption complaints?
Response Frequency Percent
Available 9 18.4
2%
6%
6%
12%
14%
18%
41%
0% 5% 10% 15% 20% 25% 30% 35% 40% 45%
Livelihood Difficulity
Don’t Know
Money
No Response
No Interest
Not Undertanding Law
Authority
What is obstacles in enhancing knowledge on anti-corruption law? (n=49)
2%
6%
8%
22%
24%
37%
0% 5% 10% 15% 20% 25% 30% 35% 40%
Library
Don’t Know
Covering in media
Awareness Raising Trainings
By National level Solution or Plan
No Response
How do you think to solve obstacles? (n=49)
No Access 20 40.8
Don’t Know 3 6.1
Total 49 100.0
Not Available 32 65.3
Don’t Know 8 16.3
Total 49 100.0
Similarly, 49% of respondents said that there is no availability of serives by paralegals and non-lawyers
on anti-corruption law. And 29% of respondents said it is available. However, there are 20% who do
not know the availability of services by paralegals and non-lawyers on anti-corruption law.
8.3. What is the availibility of services regarding anti-corruption law by
paralegals and non-lawyers?
Response Frequency Percent
Available 14 28.6
Not Available 24 49.0
Don’t Know 10 20.4
No Response 1 2.0
Total 49 100.0
9. Access to Justice Institution
Regarding access to justice institution, majority of respondents 69% said that corruption cases can be
lodged and 14% said it can not be lodged. Besides, there are 16% who do not know whether corruption
cases can be lodged or not. However, only 31% of respondents said that they know well about how to
lodge the corruption complaints and 6% said they know slightly. Nevertheless, there is 25% who did
not know how the corruption complaint can be sent.
9.1. Can corruption cases be lodged? (16L, 44)
Response Frequency Percent
Can be lodged 34 69.4
Cannot be lodged 7 14.3
Don’t Know 8 16.3
Total 49 100.0
9.2.If it can be complaind, how can the information be sent and the complaints be
lodged? (44)
Response Frequency Percent
Know Well 15 30.6
Dont’t Know 12 24.5
No Need ToRespond 9 18.4
No Response 10 20.4
Know Slightly 3 6.1
Total 49 100.0
29%
49%
20%
2%
0%
10%
20%
30%
40%
50%
60%
Available NotAvailable
Don’t Know NoResponse
Availability of Service Rearding Anti-Corruption Law by Paralegals
and Non-Lawyers (n=49)
Majoirty 69% of respondents said that there are obstacles and 10% said there are difficulities in
complaining about corruption case. Few 4% of respondents said thare is no obstacles and 14% said
they do not know whether there is obstacle or difficulties in complaining about corruption cases.
Regarding Hluttaw representatives misusing the power to the designation, 74% of respondents said
that they do not know how to lodge the complaint. And only 20% of respondent could mention as to
relevant Hluttaw for the complaint regarding Hluttaw representatives to be lodged as it is described
in section 43(b) of anti-corruption.
9.3. Are there obstacles and difficulities in complaining about corruption case?
Reponse Frequency Percent
Have Obstacles 34 69.4
No Obstacles 2 4.1
Don’t Know 7 14.3
Know Slightly 1 2.0
Have Difficulty 5 10.2
Total 49 100.0
9.4.How can the complaint be lodged for Hluttaw representaives misusing the
power relating to the designation? (43b)
Relevant Hluttaw Frequency Percent
No Response 39 79.6
To Relevant Hluttaw
10 20.4
Total 49 100.0
Don’t Know
Response Frequency Percent
No Response 13 26.5
Don’t Know 36 73.5
Total 49 100.0
If political post holders and authorized personnels commit bribery, 65% of respondents said those
political post holders and authorized personnels committing bribery can be imprisoned and only 6%
of respondents said those can not be imprisoned. However, there are also 39% of respondents who
do not know whether political post holders and authorized personnels shall be imprisoned or not if
they commit bribery.
9.5.If political post holders and authorized personnels commit bribery, can they be punished
with imprisonment?
Response Frequency
Percent
Can be imprisoned
32 65.3
Cannot be imprisoned
3 6.1
Don’t Know
14 28.6
Total 49 100.0
0% 20% 40% 60% 80%
Can be imprisoned
Cannot be imprisoned
Don’t Know
65%
6%
29%
If political post holders and authorized personnels committ bribery, can they be
punished with imprisonment? (n=49)
10. Fair Procedures
Regarding fair procedures, 49% of respondents do not think the complaint will be taken the real action
if the sufferer himself/herself lodges the complaint. 35%, however, think that the complaint shall be
taken action. There are also 16% who can not respond the question of whether the complaint will be
acted or not. Nevertheless, 71% of respondents said that they know well how the false complaint sent
to defame others will be tackled while only 25% said they do not know about how the false complaint
to be decided.
10.1.Do you think the complaint will be taken real action if the sufferer inform?
Response Frequency Percent
Yes, I think 17 34.7
No I don’t Think 24 49.0
Don’t Know 8 16.3
No Response 49 100.0
10.2. How will it be tackled if the false complaint is sent to defame others?
Response Frequency Percent
Know Well 35 71.4
Don’t Know 12 24.5
No Response 2 4.1
Total 49 100.0
Regarding an appeal sent by those taken action, majority 82% of respondents said that those who are
taken action have the right to make an appeal while only 8% said that those have no such right of
making an appeal. There are aslo 10% who do not know if there is such right for those taken action.
10.3. Is there right to make an appeal after being taken action?
Response Frequency Percent
Yes 40 81.6
No 4 8.2
Don’t Know 5 10.2
Total 49 100.0
Know Well71%
Don’t Know25%
No Response4%
How will it be tackled if the false complaint is sent to defame other? (n=49)
Know Well Don’t Know No Response
11. Enforceable Solution
According to the finding relating to enforceable solution, most of respondents 41% do not know that
bribery case is cognizable offence under section 69 of the anti-corruption law. Besides, 20% of
respondents think that it is non-cognizable offence. However, there are 39% who know that the
bribery case is cogziable offcense as it is stated in the anti-corruption law.
Regarding the authorities or powers of the Anti-corruption Commission, majority respondents 78%
said they know that the commision has the right to form investigation team. However, with regard to
the power to pass an order for sealing money and property during investigation period, fewer
respondents, 47%, said that the commission the right to pass such order to seal the money and
property. Again with the another power of the commission that is to pass an order to confiscate the
money and property as the state property, only 31% know that the commission has the power to pass
order to confiscate the money and the property as the state property. Alternatively, the percent of
respondents who do not know the powers of the commission increases as the questions get more
difficult. 18% do not know the power to form investigation team, 33% do not know the power to pass
sealing order on the property and 41% do not know the authority of the commission to pass order for
confiscating the property as the state property.
11.2.Do you think that Anti-corruption Commission has the power to form
investigation team? (16a)
Response Frequency Percent
Yes, I think 38 77.6
No, I don’t 2 4.1
Don’t Know 9 18.4
Total 49 100.0
11.3.Does the commision has the authority to pass order for sealing money and property during investigating period?
( 17d )
Response Frequency Percent
Yes 23 46.9
No 10 20.4
Don’t Know 16 32.7
Total 49 100.0
11.1.Are bribery or corruption cases cognisable offense or non-cognisable
offense? (69)
Response Frequency Percent
Cognisable offense
19 38.8
Non-cognisable offense
10 20.4
Don’t Know 20 40.8
Total 49 100.0
11.3.Does the ACC has the power to pass order for confiscating money and property
as state property? (17i)
Response Frequency Percent
Yes 15 30.6
No 14 28.6
Don’t Know 20 40.8
Total 49 100.0
The most interesting finding is obstacles and difficulities that the anti-corruption law shall not resolve.
According to the survey result, 33% of respondents said that they agree with the presense of obstacles
and difficulities that can not be taken action by the anti-corruption law. 22% of respondents
mentioned fear and 16% stated abuse of law as obstacles. Another 12% described the issue of lack of
legal knowledge and 4% said money as an obstacle and difficulity. Only a very few 2% raised the
important issue of security/safty of Complainant. However, 10% of respondents said they are not
aware of obstacles and difficulities that the anti-corruption law can not fulfil.
4%
20%
29%
18%
33%
41%
0%
5%
10%
15%
20%
25%
30%
35%
40%
45%
Power to form investigation team Power to pass order for sealing theproperty
Power to pass order for confiscatingthe property as the state property
Knowing The Power of Anti-Corruption Commission
No Don't know
11.4. Are there obstacles and difficulities that can not be taken action or solved by
Anti-Corruption Law?
Response Frequency Percent
Fear 11 22.4
Lack of Legal Knowlege
6 12.2
Don’t Know 5 10.2
Money 2 4.1
Abuse of Law 8 16.3
Agree with the question
16 32.7
Security/Safty of Complainants
1 2.0
Total 49 100.0
............................................................................................................................. ....................................
0% 5% 10% 15% 20% 25%30%
35%
Security/Safty of Complainants
Money
Don’t Know
Lack of Legal Knowlege
Abuse of Law
Fear
Agree with the question
2%
4%
10%
12%
16%
22%
33%
Are there obstacles and difficulities that can not be resolved by Anti-Corruption Law? (n=4)
Recommendations
On Justice
Ensure that rights and correlative legal protections are recognized and incorporated in
the law, improving the responsiveness of the justice system;
Improve unhindered access to justice systems and thereby empower them to achieve
de jure and de facto equality;
Ensure that the professionals of justice systems handle cases in a fair manner;
Ensure the independence, impartiality, integrity and credibility of the judiciary and the
fight against impunity;
Tackle corruption in justice systems as an important element;
Revise the rules on the burden of proof in order to ensure equality between the parties
Cooperate with civil society and community-based organizations to develop
sustainable mechanisms;
On availability of Justice Systems
Ensure the creation, maintenance and development of courts, tribunals and
additional entities, as needed, that guarantee the rights of access to justice
without discrimination on the whole territory of the State party, including in
remote, rural and isolated areas.
Ensure that rules on standing allowed groups and civil society organizations
with an interest to lodge petitions and participate in the proceedings; and
Establish an oversight mechanism by independent inspectors to ensure the
proper functioning of the justice system
On accessibility of Justice Systems
Remove economic barriers to justice by providing legal aid and by ensuring
that fees for issuing and filing documents as well as court costs are reduced for
people with low income and waived for people living in poverty;
Remove linguistic barriers by providing independent and professional
translation and interpretation services when needed; provide individualized
assistance for illiterate people in order to guarantee their full understanding of
the judicial or quasi-judicial processes;
Develop targeted outreach activities and distribute information about available
justice mechanisms, procedures and remedies in various formats, and also in
community languages such as through specific units
Establish justice access centres, such as “one-stop centers”, which include a
range of legal and social services, in order to reduce the number of steps that
a person has to take to access justice
On Good Quality
Ensure that justice systems are of good quality and adhere to international
standards of competence, efficiency, independence and impartiality, as well as
to international jurisprudence;
Adopt indicators to measure access to justice;
Ensure an innovative and transformative justice approach and framework
including, when necessary, investing in broader institutional reforms
Implement mechanisms to ensure that evidentiary rules, investigations and
other legal and quasi-judicial procedures are impartial and not influenced by
stereotypes or prejudice
On Accountability
Create a specific entity to receive complaints, petitions and suggestions about
all personnel supporting the work of the justice system, including social, welfare
and health workers as well as technical experts;
Ensure that cases of identified discriminatory practices and acts by justice
professionals are effectively addressed through disciplinary and other
measures;
Develop effective and independent mechanisms to observe and monitor
access to justice in order to ensure that justice systems are in accordance with
the sound principles that include the periodical audit/review of the autonomy,
efficiency and transparency of the judicial, quasi-judicial and administrative
bodies taking decisions affecting civilian rights;
On Provision of Remedies
Provide and enforce appropriate, timely remedies for discrimination against any person
and ensure that all persons have access to all available judicial and non-judicial
remedies;
Ensure that remedies are adequate, effective, promptly attributed, holistic and
proportional to the gravity of the harm suffered.