PREVIEW
How might the three branches of government relate to minority rights?
Countries demonstrate their commitments to protect the rights of minority groups by writing and adopting fair constitutions, national laws and policies. It is also essential that countries enforce their constitutions, national laws and policies and fund and implement programmes that protect, promote and strengthen minority rights.
Minority rights can be protected in national laws and policies in different ways. They can be protected in general, such as by principles of equality and non-discrimination being included in laws.
Minority rights can also be protected by specific laws for particular minority groups, such as for persons with disabilities.
However, having minority rights written into national laws and policies does not guarantee their protection. This also requires effective implementation and enforcement by government institutions. The legislative branch of government creates laws. The executive branch of government implements laws. The judicial branch of government interprets and enforces laws.
There may be barriers and challenges to realising minority rights that a country has enshrined in law.
Barriers and challenges in the legislative branch include:
- Disagreements within the legislative branch over laws affecting minority rights.
- Lack of decentralisation so that local legislative branches cannot make laws that are relevant to their geographic areas of the country.
- Abuse of decentralised powers, so that local legislative branches make laws and policies that are oppressive against minority groups.
Barriers and challenges in the executive branch include:
- Laws may be written by the legislative branch but the executive branch does not implement them.
- Lack of capacity or resources in the executive branch to implement laws.
- Lack of deconcentration so that local executive branches cannot implement laws that are relevant to their geographic area of the country.
- Lack of ways to hold the executive branch accountable if laws are not implemented.
- Local government officials are not aware of how to implement laws.
- Local government officials choose not to implement the laws.
- Fear about implementing laws and fear of accountability.
Barriers and challenges in the judicial branch include:
- Judges at local courts are not aware of how to interpret the laws.
- Lack of rule of law so that the laws are not applied equally to everyone.
- Lack of respect for fair trial principles, including the right to interpretation and the right to have an independent and impartial trial.
Barriers and challenges in all branches of government:
- Corruption in any of the three branches of government.
- Pressure, coercion or bribery by groups that want to influence the work of the government
Barriers and challenges posed by people:
- People might want to influence the government to keep it from creating and implementing minority rights laws.
- People might have prejudiced attitudes against minority groups and therefore be unwilling to follow laws that protect minority rights.
- People might discourage others to follow laws that protect minority rights or encourage action to remove minority rights included in these laws.
- People might not hold the government accountable for the laws the government creates, implements and interprets.
REFLECTION/DISCUSSION
- How common do you think these barriers and challenges are in Myanmar?
- Have you ever seen, heard about or experienced any of these barriers and challenges?
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