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[2].
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 interest.
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 in Jakarta Legal Aid Institute, Indonesia and Participants
Exchanges Lawyer of FK Norway in Posting on Yangon- Myanmar 2014.
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