Legislation
Provision
Summary
Right at stake
turpitude.’
58
References in reports by the Special
Rapporteur on the situation of human
rights in Myanmar since 2011
A/HRC/22/58 para 56 and 94(h), A/67/383
para 65 and 94(f)
Allows the revocation of naturalized citizenship on vague grounds of
‘disaffection or disloyalty’ to the state or offences ‘involving moral
turpitude.’
Economic, social and cultural rights
Farmland Law (2012)
12, 15,
17, 19
Forms management bodies made up of representatives of Ministries who
are in charge of resolving land disputes and approving land use change.
Prohibits the farmer granted the right to use the land from various activities
without permission from the management bodies including growing other
crops or leaving the land to fallow. Breach of the requirement can lead to a
fine, eviction or the removal of buildings constructed without permission.
22, 29, 30 The Farmland Management Body and the Cabinet can authorise the use of
land for other purposes if it is deemed to be in the national interest, subject
to compensation. There is no right to appeal to an independent body.
Vacant, Fallow and
Virgin Lands
Management Law
(2012)
2-4, 25
Land Acquisitions Act
(1894)
4, 6 (1),
7, 16
Right to
A/70/412 para. 62; A/69/398 para. 57;
adequate
A/HRC/25/64 para. 27; A/68/397 para. 29;
standard of
A/67/383 paras. 38
living, including
the right to
adequate
housing, food,
water and
sanitation
Defines vacant, fallow and virgin land and creates a committee made up of
ministry personnel and other ‘suitable persons’, charged with authorising
the right to use vacant fallow and virgin land. It has the vague duty to work
with relevant government departments to protect farmers utilizing land
without formal recognition.
Right to
A/70/412 para. 62; A/68/397 para. 29;
adequate
A/HRC/25/64 para. 27
standard of
living, including
the right to
Allows the President to order the confiscation of land if in his opinion it ‘is adequate
A/70/412 para. 62
housing, food,
needed or is likely to be needed for any public purposes’ subject to a
water and
procedure and compensation.
sanitation
Other
Penal Code
Imposes penalties of up to ten years’ imprisonment for sexual intercourse
‘against the order of nature’, which includes consensual same sex conduct.
Right to
privacy,
equality and
nondiscrimination
497, 498
Imposes penalties of up to five years’ imprisonment for adultery when
committed by a man.
Right to privacy
10
Gives former Presidents immunity from judicial prosecution for measures
taken during their term of service ‘in accordance with the law’.
Right to remedy A/HRC/31/71 para. 12
and
accountability
A/68/397 paras. 43 and 89(a)
27
A/HRC/31/71
Former Presidents’
Security Law (2016)
377
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