Myanmar Bar Council
မြန်မာနိုင်ငံ ရှေ့နေများကောင်စီ | |
| Formation | 1926 |
|---|---|
| Type | Bar association |
| Purpose | Regulation and oversight of the legal profession; admission and discipline of advocates |
| Headquarters | Yangon, Myanmar |
| Location | |
| Membership | All enrolled advocates in Myanmar |
| Affiliations | Supreme Court of the Union, Office of the Attorney General |
The Myanmar Bar Council (Burmese: မြန်မာနိုင်ငံရှေ့နေများကောင်စီ) is the bar association responsible for the oversight, regulation, and discipline of advocates in Myanmar. Established during the British colonial era, its history reflects the changing political landscape and the fluctuating independence of the legal profession in the country.
History
The Myanmar Bar Council was originally established under the Indian Bar Councils Act of 1926, which came into effect in Burma in September 1926.[1] The Act provided for the formation of a Bar Council for the High Court at Yangon (then Rangoon), consisting of fifteen members: the Attorney-General, four members nominated by the High Court, and ten members elected by advocates of the High Court. This structure, which emphasized representation by members of the legal profession through elections, remained largely unchanged for nearly six decades. From 1929 to 1988, ten of the fifteen Bar Council members continued to be elected by practicing lawyers.[2]
Following the 8888 Uprising, in which many lawyers and law students were actively involved, the military junta (then the State Law and Order Restoration Council, SLORC) amended the Bar Council Act in 1989.[3] These amendments significantly curtailed the independence of the Bar Council by abolishing the right of lawyers to elect their representatives, instead vesting the power of appointment in the Chief Justice of the Union.[3] This effectively brought the Bar Council under tighter governmental control.[3]
In 2019, under the civilian National League for Democracy-led government, the Bar Council Act was amended again, restoring the right of all licensed lawyers to elect the council's members.[3][4] In 2020, eleven members were elected, marking the first time in decades that the council had elected representation.[3]
However, after the 2021 Myanmar coup d'état, the military regime once again amended the Bar Council Act in October 2021, effectively re-establishing junta control over the council.[5] The amendments abolished the right of lawyers to elect the council, and instead, members are now appointed by the Attorney General and Chief Justice of the Union.[5] Lawyers defending political detainees face increased threats, arbitrary arrests, and difficulties in performing their duties, including restrictions on communicating with the media, diplomats, and international agencies. Many lawyers have been charged with terrorism and incitement for their alleged links to the National Unity Government or for participating in anti-regime protests.
Structure and functions
Currently, the Myanmar Bar Council is a statutorily mandated institution primarily focused on the registration and discipline of advocates. Its composition and functioning are widely viewed as lacking independence from the executive branch. As of recent amendments, the council's members are now appointed by the Attorney-General and Chief Justice of the Union.
The Myanmar Bar Council oversees the process by which individuals are admitted to practice law and maintaining a roll of advocates; regulates lawyer conduct, by establishing and upholding ethical standards, conduct, and discipline within the legal profession; investigates and pursues legal action against advocates who breach the code of conduct; and provides legal opinions to the Supreme Court of the Union on matters of ethical misconduct by advocates.[6]
Challenges and controversies
The Myanmar Bar Council has long faced significant challenges and controversies, primarily concerning its independence and effectiveness in upholding the rule of law and protecting the rights of lawyers.[2] Decades of military rule have deeply eroded the autonomy of the country's legal institutions, and the Bar Council has often been seen as a tool of the government rather than an independent professional body.[2] The most recent amendments after the 2021 coup further solidified government control.[4]
Lawyers in Myanmar frequently encounter impediments in their professional functions, particularly in politically sensitive cases. This includes difficulties in accessing and representing clients, registration of power of attorney, and instances of monitoring and harassment by intelligence officers.[7] Disciplinary proceedings and criminal charges, including contempt of court, have reportedly been used to harass and silence lawyers.[7]
Historically, and particularly during military regimes, numerous lawyers, especially those involved in human rights or political activism, have had their licenses revoked or suspended for what appear to be politically motivated reasons.[8] While some licenses were restored during periods of reform, many activist lawyers continue to face challenges in regaining their right to practice.
References
- ^ Su Wai Mon; Karim, Md. Ershadul (September 2021). "The Legal System of the Republic of the Union of Myanmar". GlobaLex. Retrieved 2025-05-31.
- ^ a b c "Myanmar: Independence of the legal profession | ICJ". International Commission of Jurists. Retrieved 2025-06-05.
- ^ a b c d e Mon, Ye (2020-08-24). "Elections are back at the Bar Council". Frontier Myanmar. Retrieved 2025-06-05.
- ^ a b "Myanmar Junta Places Lawyers Back Under Control of Military Regime". The Irrawaddy. 2021-11-01. Retrieved 2025-06-05.
- ^ a b Khattab, Asser (2022-02-10). "Myanmar: A year after military takeover, no rule of law or judicial independence | ICJ". International Commission of Jurists. Retrieved 2025-06-05.
- ^ "Litigation & Dispute Resolution Laws & Regulations | Myanmar". GLI. Retrieved 2025-06-05.
- ^ a b "Myanmar's Lawyers Face Increasing Junta Threats". The Irrawaddy. 2022-11-03. Retrieved 2025-06-05.
- ^ Michaels, Samantha (2013-12-03). "Myanmar Lawyers See Greater Freedom, but Still Far to Go". The Irrawaddy. Retrieved 2025-06-05.