Walking the road to “Rule of Law”

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Walking the road to “Rule of Law”

Myanmar Times, 09 Mar 2017

URL: http://www.mmtimes.com/index.php/special-features/educentre/25300-walking-the-road-to-rule-of-law.html
The legal profession is essential for rule of law in reforming Myanmar and for the people to live in full security in accordance with the laws
Myanmar has for many years been facing challenges with regards to the rule of law.

Under the present government led by Daw Aung San Suu Kyi proclaiming an agenda to instill rule of law in the land, it is necessary for the people to abide by the laws. To do that, one needs to know and understand it.

There is now a great need for more legal professionals to educate and protect the people as to their legal rights and limits. The road to becoming a legal practitioner begins at law schools.

If a student who has passed matriculation wants to be a legal professional, there are only two routes in Myanmar – either attending day universities or Distance University for five years majoring in law.

Law is one of the arts subjects taught in universities across Myanmar and only those who obtain total marks of over 300 in their matriculation exams are eligible to take law as a major subject. The exact entrance marks are not the same every year depending on the universities located in regions and states.

In this 2016-17 curriculum year, the entrance mark for day universities is set at 350, while that for distance learning is set at 300. There is no other pre-condition for a day student in a law major, but for a distance-learning student, he or she needs to get more than 50 marks for English in the matriculation exams.

In distance learning, a law student will have to do assignments and attend a 10-day intensive course every year but a law-major day student will have to learn the law subjects throughout the university semester.

There are 48 arts and science universities under the Ministry of Education in Myanmar. But law is only offered at 16 of them. Graduates who obtain more than 65 marks in all five subjects in the final year of the course will be entitled to continue their studies in the Masters course called LL.M. (Master of Law).

If a person is keen to learn about law, but not necessarily intent on practicing as a lawyer, there are two training courses that provide a “Diploma in Business Law”. One is the law training course jointly conducted by the Higher Education Department and Legal Affairs Department, and the other is a training course offered by the Human Resources Department.

“One extraordinary thing is that you can learn the law subject online only at Yangon Distance University where questions and answers [interactive teachings] are also conducted. One can learn the law subject as well as sit for exams via online,” said Sittwe University’s Deputy Head of Law Department U Kyaw Lwin.

“However, enrollment and paying books charges will have to be personally made at Yangon University of Distance Education.

“You can take exams online after asking for the questions. If you pass an online exam, you will obtain the degree.”

Yangon University and Mandalay University produce thousands of law graduates every year, but the number of law graduates from universities in other cities is small, said U Kyaw Lwin.

The total number of day law students and distance law students in Sittwe University in the 2016-17 academic year is only 76 students, while in Yangon University, there are 50 day law students and over 100 distance law students this year.

After getting an LL.B. (Bachelor of Law) degree, a law graduate will have to start working as an apprentice lawyer after submitting an application form to the Union Supreme Court.

“After getting a degree, we can work as legal interns at the chambers,” said second year law-major student Mg Aung Thu Hein.

A High Court lawyer, the highest ranked in Myanmar, can prosecute in all courts in the country.

The same holds true for lawyers from other countries who want to work in Myanmar, as they will need to register at the Union Supreme Court.

Work opportunities are plenty in Myanmar for law graduates. There are private law firms, or even jobs as legal advisors in companies, the media and high capital investment projects.

Universities across Myanmar are producing law graduates every year. There are over 40,000 advocates and over 11,000 high court lawyers now in Myanmar, according to statistics taken from advocate registration numbers and high court lawyer registration numbers.

The legal profession is essential for rule of law in reforming Myanmar and for the people to live in full security in accordance with the laws. Therefore, young people who will lead Myanmar in the future need to study the law, regardless of whether they are making a living with that profession or not.