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LEGAL ISSUES TO CONSIDER IN LIGHT OF THE STATE OF EMERGENCY IMPOSED BY THE MILITARY (Myanmar)

NO&T Asia Legal Review

Author
Win Shwe Yi Htun
Publisher
Nagashima Ohno & Tsunematsu
Journal /
Book
NO&T Asia Legal Review No.32 (February, 2021)
Reference
Practice Areas
*Please note that this newsletter is for informational purposes only and does not constitute legal advice. In addition, it is based on information as of its date of publication and does not reflect information after such date. In particular, please also note that preliminary reports in this newsletter may differ from current interpretations and practice depending on the nature of the report.

Background
The President Office of the Republic of the Union of Myanmar issued an Ordinance 1/2021 under the authority of Vice-President U Myint Swe and declared a state of emergency in accordance with Article 417 of the Constitution of Myanmar 2008 (the “Constitution”) after arbitrary detention of the members of the Government, including state Counsellor Daw Aung San Suu Kyi, President U Win Myint and other officials of the National League for Democracy (“NLD”) on early morning of 1 February 2021. Under the Ordinance 1/2021, the state of emergency is effective nationwide and the duration of the state of emergency is one year effective from 1 February 2021.

Ordinance 1/2021 stated that Vice-President U Myint Swe will serve as the Acting President during the state of emergency and the legislative, judicial and executive power is handed over to Min Aung Hlaing, the Military’s Commander-in-Chief of Defense Services, in accordance with the Article 418 of the Constitution. According to Ordinance 1/2021, the reason to declare a state of Emergency was due to failure to ensure free, fair and transparent general elections held on 8 November 2020 by the Union Election Commission (“UEC”), which had lost of sovereignty and national solidarity among the various ethnic groups in Myanmar. The Office of the Commander-in-Chief of Defense Services issued the Notification 1/2021 on 2 February 2021 which provides that UEC will be re-constituted and following the end of the state of emergency, a free and fair multiparty general elections will be held and power will be transferred to the government formed by the winning party.

Set out below is a summary of key issues and considerations with respect to the situation on the ground in Myanmar.

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