Until now there has been no standard definition of the law. where each expert has a different opinion on the law defines. But in general when it interpreted the law is to regulate the behavior or actions of the person in society. Regulation contains commands and prohibitions to do something or not do something.
By Maruli tua exchanged to Myanmar (Burma) Posted:22 October 2014
Writer: Marulitua Rajagukguk[1]
Until now there has been no standard definition of the law. where each expert has a different opinion on the law defines. But in general when it interpreted the law is to regulate the behavior or actions of the person in society. Regulation contains commands and prohibitions to do something or not do something. It is intended to regulate human behavior in order not to intersect and harm the public interest[1].
From the above definition, that the laws are made to protect every citizen, with the purpose of providing benefits and fairness to everyone without exception. So simple law was made to eliminate discrimination and provide justice for everyone, and the benefits to the public inetrest.
Discrimination and injustice for Women of Myanmar by Law
As the description above, that the law was made to eradication discrimination and provide justice for everyone, and the benefits for the public interest. In fact differently in Myanmar. In Myanmar law becomes a tool for the government in specially law enforcement officers to discrimination, violence and injustice for women in Myanmar.
The above opinion is based on my visits and interviews with the organization’s Equal in Yangon Myanmar. Equal is an organization established to advocacy for female sex workers and men, dependence on drugs, and then advocacy of the Lesbian, Gay Bisexual and Transsexual (LGBT) Rights. The interview I did at the time of the visit on Friday, September 19th 2014. Where I met with the staff, lawyers and paralegals of the organization’s Equal. In first my visit, many of discussions related to the advocacy done Organization’s Equal and legal framework in myanmar.
According to the workers in Equal, that there are many legal reforms have not been carried out since 2008. Where in 2008 a new chapter began with a revision of Myanmar Constitution. Before Myanmar had earlier in 1947 the Constitution was amended in 1974. New Constitution’s of Myanmar at least have the spirit in protecting and promoting human rights than the previous constitution, although not perfectly such as the international human rights instruments.
After a change of the constitution, begins the direct election of the president on held 2 Februari 2011 by the Parlement and elected President Thein Sein. He was a former army general myanmar. Myanmar President Thein Sein is committed to respect and fulfill the human rights of Myanmar citizens, especially in the improvement of the economy in myanmar. And the country of Myanmar was opening up to other countries in diplomacy, before other countries to boycott Myanmar.
During the democratic transition stands Equal Organization, which was established on August 1, 2012. Before the organization’s equal established, the founder or activists of Organization equal study visits to South Africa in June 2012, with funding supported by the British Council through the organization pyoe pin, aims that they have description in designing and building a model of a paralegal can be applied to legal aid in Myanmar and encourage and for effectively legal assistance in Myanmar.
Although the organization Equal is still new organization, but Since this Equal stood until August 2014, has been helping a lot of people estimated as many as 3594 people, not to mention the consultation via hotline number estimated 209 people.
According to the Equal activists many achievements already accomplished such as: 1) The Sex Workers have confidence when dealing with the court that they are not criminals. 2) many Sex Workes already know their rights especially the right to legal aid. 3) Empowerment of Paralegal, where now Paralegals are free to visit the prisoners at the police 3) Reduced bribery.
Furthermore Equal workers said that the biggest obstacle is the change in the law. which have now valid until prostitution laws 1949. Which have now valid until prostitution laws. Where in the prostitution law stipulates that offenders was a woman punished, sentenced to prison where about 1-3 years. Sadly the majority of female sex workers was trapped by the police or others. While waiting for the trial of this female sex workers detained in Police Station. The majority of the Judges adjudicate guilt of female sex workers, the average prison sentence for 2 years.
Actually Organization Equal to protest the application of Prostitution Act, because prison is not the solution to eradication prostitution in Myanma. If Seen the background of the sex workers in Myanmar are from poor families, lack of education, so there is no other job. Equal Organization believes that sex workers did not want to be a sex worker if the government provides decent works and accesible to those for female sex workers. Punishment of female sex workers This is discrimination and injustice for women. The fundamental argument why discrimination and violence against women because of application of of this Act applies only to women, for men who use sex workers did not do punishment also companies that recruit women sex workers.
Future plans Equal encourage changes in policy and law reform to protect against HIV / AIDS as well as the elimination of the Prostitution Act and Strengthening a network of professional paralegal. Hopefully.
[1] Public Interest Lawyer, on Jakarta Legal Aid Institute, Indonesia and Participants Exchanges Lawyer of FK Norway in Posting Yangon- Myanmar on 2014.
[2] See. http://id.wikipedia.org/wiki/Hukum. Downloaded 21 October 2014.
