ANTI-CORRUPTION EFFORTS IN MYANM AR
Myo Khaing Swe

I. INTRODUCTION
After the Second World War,there had been poverty in M yanmar.So,the Government supplied thefacilities to the public, and theft and corruption cases relating to those facilities emerged.In order toprevent such cases, the Government formed the Civil Supplies Thefts Preventive Committee on 23
December 1947. M oreover,the Public Property Protection Police (P-4)was also formed and had done
investigations.
A. The Public Property Protection Police
P-4 took action on cases relating to bribery, corruption and failing to serve dutifully of public
servants in accordance with the section 161 to 165 of chapter (9)of Penal Code, 1861.
1. The Provisions of the Penal Code, 1861
The provisions of section 161 to 165 of chapter (9)of the Penal Code, 1861 are as follows:(a) Section 161. Whoever, being or expecting to be a public servant,accepts or obtains,or agrees
to accept, or attempts to obtain from any person, for himself or for any other person, any
gratification whatever, other than legal remuneration, as a motive or reward for doing orforbearing to do any official act or for showing or for bearing to show, in the exercise of his
official functions,favor or disfavor to any person,or for rendering or attempting to render any
service or disservice to any person with the Union Parliament or the Government or with any
public servant, as such, shall be punished with imprisonment of either description for a term
which may extend to three years, or with fine, or with both.
(b) Section 162.Whoever accepts or obtains,or agrees to accept,or attempts to obtain,from any
person,for himself or for any other person,any gratification whatever as a motive or reward
for inducing, by corrupt or illegal means, any public servant to do or to forbear to do any
official act, or in the exercise of the official functions of such public servant to show favor or
disfavor to any person,or to render or attempt to render any service or disservice to anypersonwith the Union Parliament or the Government or with any public servant, as such, shall bepunished with imprisonment of either description for a term which may extend to three years,
or with fine, or with both.
(c) Section 163.Whoever accepts or obtains,or agrees to accept,or attempts to obtain,from any
person,for himself or for any other person,any gratification whatever as a motive or reward
for inducing,by the exercise of personal influence,any public servant to do or to forever to do
any official act,or in the exercise of the official function of showing favor or disfavor to any
person,or to render or attempt to render any service or disservice to anyperson with the Union
Parliament or the Government or with any public servant, as such, shall be punished withsimple imprisonment for a term which may extend to one year, or with fine, with both.
(d) Section 164.Whoever,being a public servant,in respect of whom either of the offences definedin the last two preceding sections is committed, abets the offence, shall be punished withimprisonment of either description of a term which may extend to three years,or with fine,orwith both.
Director, Bureau of Special Investigation, Ministry of Home Affairs, The Republic of the Union of M yanmar.

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PARTICIPANTSʼPAPERS(e) Section 165. Whoever, being a public servant, accepts or obtains, or agrees to accept or
attempts to obtain,for himself,or for any other person,any valuable thing without consideration which he knows to be inadequate, from any person whom he knows to have been, or tobe, or to be likely to be, concerned in any proceeding or business transacted or about to betransacted by such public servant, or having any connection with the official functions ofhimself or of any public servant to whom he is subordinate,or from anyperson whom he knows
to be interested in or related to the person so concerned,shall be punished with simple imprisonment for a term which may extend to two years, or with fine, or with both.
2. The Suppression of Corruption Act of 1948
The Government of Myanmar enacted the Suppression ofCorruption Act of1948 separatelyin orderto prevent corruption effectively.There are six sections in the Act,and it had been amended four times
in total. According to section 4(1)of the Anti-corruption Law, 1948:(a) “
If public servants always accept any gratifications, other than legal remuneration from any
person”(b) “
If a public servant takes any valuable thing for himself or any other person from any
proceeding or business to be transacted by him or his superior”(c) “
If a public servant takes any valuable thing or money for him or any other person against thelaw in misuse of his position”(d) “
If a public servant is guilty of fraud, harming public interest or misuses public property
entrusted to him, he commits malpractices punishable by criminal law”
Such offenders shall be punished with imprisonment extending up to seven years and the proceedsof the crime shall be confiscated according to section 4(2).
B. The Bureau of Special Investigation
In 1951,the Special Investigation Administrative Board and the Bureau of Special Investigation Act
were promulgated and the Bureau of Special Investigation was formed with 31 staff members The
Bureau was placed under the direct control of the Prime M inister at this time.
C. The Special Investigation Department
In 1963, the Special Investigation Administrative Board was abolished and the Bureau was moved
under the supervision of the M inistry of Home Affairs. The name of the Bureau was also changed to
the Special Investigation Department in 1972.

II. SPECIAL LAWS RELATING TO ANTI-CORRUPTIONIn M yanmar,there are 23 special laws in total which contain provisions relating to anti-corruption:(a) Provisions relating to bribery in the Penal Code, 1861(b) The Commercial Tax Law, 1990(c) The Forest Law, 1992(d) The Narcotic Drugs and Psychotropic Substances Law, 1993(e) The M yanmar Police Force M aintenance of Discipline Law, 1995(f) The Fire Services Law, 1997(g) The Control of M oney Laundering Law, 2002

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RESOURCE MATERIAL SERIES No. 92(h) The Anti-Trafficking in Person Law, 2005(i) The Criminal Code of Procedure, 1898(j) The M yanmar Official Secrets Act, 1923(k) The Public Property Protection Act, 1947(l) The Amendment Act of the Criminal Law, 1951(m) The Defense Services Act, 1959(n) The Protection of Public Properties Law, 1963(o) The Law Taking Action against the Ownership of Sale of Property(p) Obtained by Illegal M eans, 1986(q) The M yanmar Financial Institutions Law, 1990(r) The Saving Bank Law, 1992(s) The Law Amending the Law Relating to the Fishing Rights of Foreign Fishing Vessels, 1993(t) The Law Amending the M yanmar M arine Fisheries Law, 1993(u) The Central Bank of M yanmar Law, 2013(v) Anti-Corruption Law, 2013 (The Suppression of Corruption Act, 1948 was repealed)

III. CURRENT SITUATION OF CORRUPTION
Even though every Government in M yanmar has conducted the fight against corruption,it has notdisappeared. Some of the public servants have been committing the offence by neglecting their own
dignity as public servants and the State and disregarding the laws. Therefore, corruption is now
expanding as a culture. M isappropriation of power and bribery are of key interest to the public.
Corruption hinders administration and human rights and degenerates the economy, the politicalprocess and the dignity of countries affected by it. Moreover,it spreads to all countries.So,corruption
is now a serious problem. Nowadays,the global economy is rapidly developing,and thus corruption
is evolving and growing as well. It is committed as a transnational and organized crime. It is said
that combating corruption is impossible by one country because it is committed not only in our country
but also in other foreign countries.
According to the Corruption Perception Index (CPI)issued by Transparency International (TI), a
monitoring and evaluating NGO organization, the rank of Myanmar is 170 among 176 countries.
Therefore,it is now required to emphasize the fight against corruption.Moreover the new Government
is now trying to develop domestic business in order to improve the national economy and also inviting
foreign direct investment.So,the Government is working to improve the rank of the State in the CPI.
M yanmar is now enhancing regional and international cooperation in fighting against corruption.

IV. ACTION COM MITTEE AGAINST BRIBERY
M yanmarʼs Presidentʼs Office had formed an action committee against bribery with the following
members.
(a) Dr. Sai M auk Khan
Vice ― President

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PARTICIPANTSʼPAPERS(b) Lieutenant Gen Ko Ko
Union M inister
For Home Affairs

M ember(c) U Thein Nyunt
Union M inister for
President Office (1)M ember(d) U Soe M aung
Union M inister for
President Office (2)M ember(e) U Soe Thein
Union M inister for
President Office (3)M ember(f) U Tin Naing Thein
Union M inister for
President Office (4)M ember(g) Dr. Tun ShinUnion Attorney-GeneralM ember(h) U Than Kyaw
Legal Advisory Board to the president

M ember(i) U Hla Tun
Director-General for President OfficeSecretary

A. Objectives of the Action Committee against Bribery
The Action Committee against Bribery was formed in order to eliminate bribery as national duty
to strive for the eradication of bribery and corruption in public organizations,to create good governance and clean government, to upgrade integrity and accountability in public administration, to takeeffective action of corrupted offenders to make law enforcement and administrative sector to betransparent and to sustain economic development and to achieve economic development by domestic
and foreign investments.
B. Receiving Complaints and Assigning Duty to Investigate
The bribery and corruption cases can be reported to the relevant departments by individual orgroup wide.After scrutinizing,the complaint letters required to take departmental actions are transferred to the relevant departments. The letters for which no action is needed are filed. The letters forwhich legal action is required are investigated in line with the provisions of laws with the approval ofhigher authority.
We have also to scrutinize accuracy of the above complaint letters by conducting preliminary
investigation. According to the findings, we take legal action, if it is required. Whenever we findfraudulent complaints,the person who sent it would be taken legal action. The investigation processes
are as follows:(a) Planning the investigation process and arrangement(b) Collection and confirmation of information(c) Interviewing witness(d) Interrogating the accused

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RESOURCE MATERIAL SERIES No. 92(e) Search and seizure by way of evidence, including documents, money and property(f) Taking expert opinion and taking handwriting expert opinion if required(g) Giving advice of the legal opinion(h) Prosecution
The bureau is always trying to recover the public properties that were lost in corruption cases andalso reports vulnerabilities to relevant departments.
C. Status of Taking Action
The Ministry of Home Affairs has declared rapidly in daily newspapers that any victim cancomplain to the Ministry in order to be a clean Government and to eliminate the briberyand corruptionof public servants by the cooperation of public. After the above announcements had been issued, theM inistry of Home Affairs has received 212 complaint letters in total. Among them, 18 are relating tocivil cases,93 are relating to administration,2 are relating to social affairs,47 are relating to criminalcases and 52 are relating to bribery.Also,450 offenders have had action taken against them under thesupervision of the action committee as follows:(a) Taken action under the State Service Personal Law, 2013(362)persons(b) Transfer to other department(69)persons(c) Force to retired(18)persons(d) Order of the sentence of imprisonment(1)person

V. INTERNATIONAL AND REGIONAL COOPERATION INCLUDING UNCAC
A. UNCACThe United Nations Convention against Corruption (UNCAC) was adopted in New York by
Resolution No.(58/4)of the United Nations General Assembly (UNGA)that was held on 31 October2003 and enter into force on 14 December 2005 in accordance with article 68(1). Myanmar signed theConvention on 2 December 2005 and was the 137th member.
According to the decision done at the Workshop on Pre-Ratification of the United Nations
Convention against Corruption for M yanmar sponsored by UNDP that was held at Aureum Palace
Hotel from 24 to 25 September 2013,UNODC and UNDP asked the legal advice on anti-corruption billfrom legal experts relating to anti-corruption. According to the records of the UNODC, M yanmar is
one of the UNCACʼ
s States Parties which performed the anti-corruption tasks immediately.
B. IAACAThe International Association of Anti-Corruption Authorities (IAACA)was formed on 22 October
2006 in order to implement the United Nations Convention against Corruption (UNCAC). The senior
officials from Union Attorney-General Office and Bureau of Special Investigation have regularly
attended the IAACAʼ
s annual meetings. Myanmar delegation including three members of Legal
Drafting Committee of the Parliament,have attended the 6th annual meeting of the(IAACA)held from4 to 7 October 2012 in Kuala Lumpur, Malaysia.
C. SEA-PAC
Countries of South East Asia also formed the South East Asia Parties against Corruption (SEAPAC)on 15 December 2004 to eliminate Corruption in the region.Nine countries of the region are now
members. M yanmar is now trying to join as a member in November 2013.

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VI. EFFORTS TO ENACT MODERNIZED LEGISLTIONThe Suppression of Corruption Act, 1948 had existed till July 2013 in Myanmar. The Government
decided to draft a new law in line with international standards in order to suppress the corruption forthe development of the country. Those standards are as follows:(a) To emerge as a clean government and good governance;(b) To prevent corruption;(c) To provide the procedures for the public servants;(d) To have international cooperation;and(e) To get the technical assistance and exchange information from foreign countries.
A. The Anti-Corruption Law
The Bureau of Special Investigation started drafting an anti-corruption bill in 2005 with theintention of international standards and had submitted it to the Attorney Generalʼs Office through the
M inistry of Home Affairs for legal advice. After the new Government was formed,a new anti-bribery
bill drafted by the relevant legal drafting committee had been submitted to the Parliament andannounced in newspapers.The Union Attorney-Generalʼs Office coordinated and informed the M inistryof Home Affairs that there would not be any action taken on the bill submitted by the M inistry ofHome Affairs.
The above anti-bribery bill had been endorsed by Amyotha Hluttaw and sent to the Pyithu Hluttaw,
and the Pyithu Hluttaw ratified the bill with amendments including the title ofthe bill.The bill had been
submitted to the sixth regular section of first Pyidaungsu Hluttaw M eeting and ratified it. After that,
the Speaker of the Pyidaungsu Hluttaw sent it to the President to enact the law in line with section 105of the Constitution and Rules ofPyidaungsu Hluttaw.The President sent it back with his(12)recommendations. The Pyidaungsu Hluttaw had discussed it and only agreed to two recommendations and therest were rejected, and sent it again to the President.
The President signed and enacted the anti-corruption law on 7 July 2013. It is included (11)Chapters and (73)Sections. The Chapters are as follows:(a) Chapter (1) Title, come into Force, Jurisdiction and Definition(b) Chapter (2) Objective(c) Chapter (3) Formation of Commission, Duties and Functions thereof(d) Chapter (4) Formation of Preliminary Scrutiny Body relating to M oney and Property obtainedby bribery(e) Chapter (5) Formation of Investigation Body and Functions thereof(f) Chapter (6) Formation of Secretariat of the Commission(g) Chapter (7) Information relating to bribery, Performed by the President, Speakers of Pyithu
Hluttaw and Amyotha Hluttaw(h) Chapter (8) Declaration of money,properties,liability and right owned by authorized persons.
(i) Chapter (9) Confiscation the Money and Property obtained bribery(j) Chapter (10) Offences and Penalties

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RESOURCE MATERIAL SERIES No. 92(k) Chapter (11) Miscellaneous
The name of the new anti-corruption law is the anti-corruption law and the law shall havejurisdiction over any person who commits any offence cognizable under this Law in the territory of
the Union of Myanmar,or over M yanmar citizens or any person residing permanently in the Union of
M yanmar who commits the said offence outside the country.
B. Anti-corruption Commission
I would like to explain the new anti-corruption law briefly. According to the law,an anti-corruption
commission would be formed and organized consisting of 15 members, of whom five persons are
selected by the President, Speaker of the Pyithu Hluttaw and Amyotha Hluttaw. When the membersof the commission are assigned, they must disclose money, property, assets and liabilities of theirfamily headed by them including beneficial ownership, to the President. The term of the commission
is like the term of the President and no member of the commission has the right to serve for two terms.
The age of a member of the commission must be between 45 and 70 years old. He or she shall not be
an official or servant of a government organization.
The duties and functions of the commission are forming of a preliminary scrutiny body andinvestigation body,forming the department by assigning the Chief Investigator,specifying the authority, cooperating with the government departments and agencies and State-owned enterprises inlaying plans and programmes in order to dispel corruption,implementing the suitable programmes for
public cooperation. It also has power to examine the records of banks and financial institutions,issue an order to responsible persons of banks and financial institutions to allow the seizure ofevidence
if necessary, issue a prohibitory order not to transfer,conceal,and disguise the accounts and money,order to do prosecution,pass and order confiscation the money and property with the recommendationof preliminary scrutiny body, give protection and set rewards for witnesses.
The president and speakers of relevant Hluttaw can assign the duty to investigate corruption cases,
and the complaints of victims or relevant government departments and agencies those are sent to thecommission or investigation bodies organized by the law will be investigate. The commission shallnot investigate the cases in which there is no evidence and the repeated cases in which there is no newsound evidence. Any person who is related to the complaint case shall not be assigned as an investigation authority. The accused person has a right to defend the accusation by himself or through anagent.
The chairperson of the commission shall call a meeting to make a decision on the investigated casewithin 30 days from the date on which the investigation report is received. The commission can rejector prosecute the case depending on the findings of the investigation. It is required to get the prioragreement of the Government whenever prosecuting a person who has a political position. The
approval of required the commission is for the prosecution on any other person except the representative of the Hluttaw and persons who have political post and to make a prosecution on the representativeof the Hluttaw.
According to the investigation report or other information,the preliminary scrutiny body shall beformed to scrutinize in order to confiscate the money and property obtained by corruption. At thistime, the accused person has also right to defend the accusation by himself or through an agent. The
preliminary scrutiny body shall submit a report on its finding by taking the other statements andevidence. The commission revises again the report and confiscates the money and property if it wascommitted. If it is not, the money and property shall be paid back.
A person in a political post who commits a corruption offence shall, on conviction,be punished withimprisonment for a term which may extend to 15 years and may also be liable to a fine. An authority
other than a person in a political post shall,on conviction,be punished with imprisonment for a term
which may extend to 10 years and may also be liable for a fine. Other persons shall,on conviction,bepunished with imprisonment for a term which may extend to 7 years and may also be liable to a fine.
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frame or submitting of false documents or omissions or refusing of any bank and financial institution
to grant permission to the investigation body to carry out official duty, releasing or transferring theprohibited money and property without the permission of the commission, obliterating, altering andamending the financial records or concealing or obliterating of money and property relating to any
offence under the law, so that action may not be taken, making false complaints, giving false
statements shall be punished on conviction with imprisonment for a term which may extend to 5 years
and may also be liable to a fine.
Any person who fails to comply with any order issued by the commission shall be punished onconviction with imprisonment for a term which may extend to 6 months or with a fine or with both.
Whoever incites, attempts, conspires or administers or abets in committing any offence containedin this Law shall be liable to the punishment provided in this Law for such offence.
The offences under the law are cognizable offences and no criminal, civil, or administrative
proceedings shall lie against the commission and organization formed under the commission and anyother persons who performs on behalf of the commission and the organization who in good faith
implements the provisions of the law.

VII. ENTER INTO FORCE OF NEW ANTI-CORRUPTION LAW
After enacting the Anti-Corruption Law, 2013, according to the law, the President has issued anorder which states that law is enforced on 17 September 2013. So, other required actions including
formation of the Anti-Corruption Commission are undergoing.

VIII. CONCLUSION
Corruption is frequently encountered in every sector of life including public and private circles.
Corruption is a sad thing for our Myanmar Society as a rooted culture as well as ignorance of existinglaws, self-dignity, dignity of the State and dignity of public servants.Corruption is spreading all over
the world and is related to the fields of good governance, such as transparency, accountability,
supervision, quality, law and order. Corruption is an issue not only related to the working
mechanism, income, salary and gratuity, individual ethics and capacity but also related to legal andhistorical background. That is why the corruption problem is very wide and deep-rooted. When we
look at the past events,the leading sector had been criticized that the government did not understandabsolute power can deteriorate management abilities. The current government must inherit goodthings and bad things. After forming the new government in Myanmar, it is now decentralizing bypracticing public-basedpolicy instead of centralization.
Whenever we discuss corruption,the salaries of service personnel should be considered. In the past,most of the public servants have rarely taken bribes because of salaries,prices of commodities,cost ofliving, gratuities after pension. Nowadays, most of the public servants have so many difficulties anddeterrence to take the pride of public servant. Recently, the Union of M yanmar hosted the World
Economic Forum (WEF). In this forum,most of the experts and technicians discussed that corruption
plays a vital role for economic development, least Foreign Direct Investment (FDI)and standing as a
Least Developed Country (LDC). The occurrence of corruption has many reasons such as freedom of
expression, freedom of forming organization, freedom of media, freedom of expression by the
citizens, easily access to enacted laws, rules and regulations.
Corruption cannot be rooted out by reforming only one person or group because of it has alreadyoccurred in so many decades. Every citizen has a duty to create a country in which there is no place
for corruption and should try to avoid it because it can destroy the future of our country. That is why
we have to be free from corruption not only in the economic sector but also in the political sector.
Combating corruption has to be participated in by every strata of life such as administration,legislation,jurisdiction and participation ofthe public. Right now,our government has been trying to combat
corruption.

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As for our country,the Union of M yanmar has already tried to combat corruption since 1948,as the137th member of UNCAC,as well as to be a member of SEA-PAC in November 2013. Our country istrying to transform to democratic process and to update our existing laws by means of renewal andamendments. As the new Anti-Corruption Law is enacted, the Union of Myanmar is ever trying toprotect human rights for our citizens as well as to become the least corrupt country in our region inline with the provisions of law.

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