At the institutional level, international standards make clear that it is the duty of the State to provide adequate resources to enable the judiciary to properly perform its functions.[52] As a safeguard of judicial independence, the courts’ budget shall be prepared “in collaboration with the judiciary having regard to the needs and requirements of judicial administration”.[53]
Furthermore, the remuneration and pensions of judges must be secured by law at an adequate level that is consistent with their status[54] and is sufficient to safeguard against conflict of interest and corruption.
Myanmar’s Executive branch exercises considerable control over the judicial budget. The Supreme Court is tasked with submitting a budget for the judiciary to the Government each year,[55] for inclusion in the Union Budget Bill that is placed before the parliament by the President.[56] The proposals for salaries and allowances for senior judges and members of the Constitutional Tribunal and those institutions’ expenditures can be discussed by Parliament, but not “refused or curtailed”. [57]
As to the remuneration of judges, a number of lawyers who spoke with the ICJ pointed out that among other things judges’ low pay, which they considered insufficient, makes them susceptible to corruption. Members of international civil society have recommended an increase of judicial salaries as a way to combat corruption.[58]
- 52. UN Basic Principles on the Independence of the Judiciary, [expand title=”Principle 7;”]It is the duty of each Member State to provide adequate resources to enable the judiciary to properly perform its functions[/expand] Draft Universal Declaration on the Independence of Justice (also known as the Singhvi Declaration), [expand title=”Article 33.”]It shall be a priority of the highest order for the State to provide adequate resources to allow for the due administration of justice, including physical facilities appropriate for the maintenance of judicial independence, dignity and efficiency; judicial and administrative personnel; and operating budgets.[/expand]↵
- 53. Draft Universal Declaration on the Independence of Justice (also known as the Singhvi Declaration), [expand title=”Article 34.”]The budget of the courts shall be prepared by the competent authority in collaboration with the judiciary having regard to the needs and requirements of judicial administration.[/expand]↵
- 54. UN Basic Principles on the Independence of the Judiciary, [expand title=”Principle 11;”]The term of office of judges, their independence, security, adequate remuneration, conditions of service, pensions and the age of retirement shall be adequately secured by law.[/expand] Draft Universal Declaration on the Independence of Justice (also known as the Singhvi Declaration), Article 16(a) [expand title=”Article 16(a);”]The term of office of the judges, their independence, security, adequate remuneration and conditions of service shall be secured by law and shall not be altered to their disadvantage.[/expand] Universal Charter of the Judge, Approved by the International Association of Judges on 17 November 1999, [expand title=”Article 13.”]The judge must receive sufficient remuneration to secure true economic independence. The remuneration must not depend on the results of the judges work and must not be reduced during his or her judicial service. The judge has a right to retirement with an annuity or pension in accordance with his or her professional category. After retirement a judge must not be prevented from exercising another legal profession solely because he or she has been a judge.[/expand]↵
- 55. Constitution, [expand title=”S. 297.”]The Supreme Court of the Union shall submit judiciary budget to the Union Government in order to include and present in the Annual Budget Bill of the Union in accord with the provisions of the Constitution.[/expand]↵
- 56. Constitution, [expand title=”S. 103(a).”]The President or the person assigned by him, on behalf of the Union Government, shall submit the Union Budget Bill to the Pyidaungsu Hluttaw.[/expand]↵
- 57. Constitution, [expand title=”S. 103(b)(i).”](b) The following matters included in the Union Budget Bill shall be discussed at the Pyidaungsu Hluttaw but not refused or curtailed : (i) salary and allowance of Heads and Members of the Union level organizations formed under the Constitution and expenditures of those organizations;[/expand]↵
- 58. IBAHRI, The Rule of Law in Myanmar: Challenges and Prospects (December 2012), p. 59; DLA Piper, Perseus Strategies and Jacob Blaustein Institute, Myanmar Rule of Law Assessment (March 2013), p. 31↵
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