the police, lack the training and capacity to enforce the rule of law (though the EU has
been providing training to improve the human rights performance of Myanmar’s police). 618
The Government has also taken a number of actions to provide non-judicial grievance
mechanisms to the public in the absence of a fully functioning judiciary (see Table 40
below). However, these mechanisms are already overloaded with complaints and
hindered by limited mandates. Since the reform process began, these committees and the
Myanmar National Human Rights Commission have received thousands of complaints
from the public about abuses at the hands of the Government and military, but, as noted
above, many of these people still await a resolution to their problems.
Many businesses commonly seek to incorporate safeguards into their investment
contracts by ensuring access to international – rather than domestic – arbitration tribunals
in the event of an investment dispute. 619 Myanmar acceded to the 1958 New York
Convention on the Recognition and Enforcement of Arbitral Awards in April 2013, which
entered into force July 2013. 620 This solidifies the ability of foreign investors to submit
disputes with Myanmar Government and commercial partners to international arbitration.
The Myanmar legislature is now reportedly considering a new law based on the 1985
UNCITRAL Model Law on International Commercial Arbitration to replace the 1944
Arbitration Act, which would enable Myanmar courts to recognise and enforce
international arbitral awards. 621
An equivalent assurance of access to remedies for most Myanmar people affected by
private sector operations is still a practical impossibility. Accountability in Myanmar is a
new phenomenon and one that will take time to become established. Given the
inefficiencies and acknowledged corruption in the judiciary and the inability of even the ad
hoc commissions to resolve complaints, there is a clear lack of access to effective
avenues for individuals and communities to express their grievances, engage with
responsible parties in the Government or to seek redress if harms have occurred –
especially at the local level.
Table 40: Existing Non-Judicial Grievance Mechanisms in Myanmar
Daw Aung San Suu Kyi was appointed to head up a new parliamentary Rule of
Law and Stability Committee formed in August 2012 to serve as a mechanism for
the general public to lodge complaints about Government departments. In one month
it received over 10,000 complaint letters regarding courts within the Yangon Division
alone. 622
The President’s Office opened a public access portal for people to submit
opinions and complaints directly to the President. 623
A non-judicial labour dispute settlement system to resolve disputes between
618
EU Delegation to Myanmar, “EU Crowd Management Training Supports Reform of Myanmar Police Force”
(Feb 2014).
619 More recently, the EU and Myanmar have begun discussions on an investor-state dispute settlement
mechanism with Myanmar. See for example: Herbert Smith Freehills, “Myanmar and the European Union to
enter into an investment protection agreement” (13 March 2014).
620 New York Convention on the Recognition of Foreign Arbitral Awards (1958) (last accessed August 2015).
621 Singapore International Arbitration Blog, “Draft Arbitration Bill in Myanmar” (June 2014).
622 Regarding the various bodies noted, see further: Hnin Wut Yee, “Business & Human Rights in ASEAN – A
baseline study: Myanmar chapter” (April 2013).
623 Government of Myanmar, “FESR - Policy Priorities for 2012-2015 towards the Long-Term Goals of the
National Comprehensive Development Plan” (January 2013), para 114.
CHAPTER 4.9: STAKEHOLDER ENGAGEMENT & GRIEVANCE MECHANISMS
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