PROMOTING THE RULE OF LAW PROJECT (PRLP) FINAL REPORT OCTOBER 1, 2013 – SEPTEMBER 30, 2018 December 2018 This publication was produced for review by the United States Agency for International Development. It was prepared by ARD, Inc., through its operating unit Tetra Tech DPK. Contract: 267-C-00-10-00006-00 PROMOTING THE RULE OF LAW PROJECT (PRLP) FINAL REPORT OCTOBER 1, 2013 – SEPTEMBER 30, 2018 Contract No.: AID-486-TO-13-00008 DISCLAIMER This publication was produced by Tetra Tech DPK for review by the United States Agency for International Development. The author’s views expressed in this publication do not necessarily reflect the views of the United States Agency for International Development or the United States Government. CONTENTS ABBREVIATIONS & ACRONYMS ..................................................................................... 2 EXECUTIVE SUMMARY ..................................................................................................... 2 PROGRAM ACCOMPLISHMENTS BY OBJECTIVE & COMPONENT ..................... 2 METHODS OF WORK USED ............................................................................................... 2 RECOMMENDATIONS FOR UNFINISHED & ONGOING ACTIVITIES ................... 2 FINANCIAL STATUS OF THE CONTRACT .................................................................... 2 ANNEX A: GRANTEE TRAINING, LEGAL SERVICES & AWARENESS RESULTS2 ANNEX B: TRAINING/WORKSHOPS PROVIDED BY PRLP ....................................... 2 ANNEX C: PRLP PERFORMANCE INDICATORS .......................................................... 2 ANNEX D: MAP OF PRLP GRANTEES & COUNTERPARTS ....................................... 2 ANNEX E: INDEX OF REPORTS AND PRODUCTS ....................................................... 2 PROMOTING THE RULE OF LAW PROJECT (PRLP) | 1 ABBREVIATIONS & ACRONYMS A2J1 Access to Justice Initiative AAPTIP Australia Asia Program to Combat Trafficking in Persons ACC Anti-corruption Commission ACMS Automated Case Management System CATZ Chan Aye Tharzan Township CCF Child Care Foundation CEC Central Executive Committee CEDAW Convention on the Elimination of All Forms of Discrimination Against Women CLE Clinical Legal Education CMP Case Management Plan COP Chief of Party CSG Community Support Group CSO Civil Society Organization DCOP Deputy Chief of Party FED Foundation of Education Development Center FSW Female Sex Workers GAP Gender Action Plan GBV Gender-based Violence GEN Gender-focused Organizations GPI Green Peasant Institute GPS Genuine People’s Servants HI Humanity Institute Htoi Htoi (Win Let) Gender and Development Foundation IBAHRI International Bar Association’s Human Rights Institute ICESCR International Covenant on Economic, Social, and Cultural Rights ICT Information and Communications Technology IDEA Integrated Development Executive Association IDLO International Development Law Organization IDP Internally Displaced Persons IFRAC Issues, Facts, Rules, Analysis, Conclusion FINAL REPORT (OCTOBER 1, 2013 – SEPTEMBER 30, 2018) | 2 ILAM Lawyer’s Association of Myanmar IMNA Independent Mon News Agency IOM International Organization for Migration IT Information Technology JCSDO Jeepyah Civil Society Development Organization JFA Justice for All JSP Judicial Strategic Plan KAP Knowledge Attitude and Practice KMSS Karuna Mission Social Solidarity KNOW Karenni National Women’s Organization KWEG Karen Women’s Empowerment Group LAMS Legal Aid Case Management System LCM Legal Clinic Myanmar LGBT Lesbian Gay Bisexual and Transgender MATA Myanmar Alliance for Transparency and Accountability MCRB Myanmar Center for Responsible Business MDC Migration Development Center MJA Myanmar Justice Association MJC Mawlamyaing Justice Center MKLDO Mawk Kon Local Development Organization ML Myitta Lan MLAA Mahawthadha Legal Aid Association MLM Mawlamyaing MNA Myitmakha News Agency MNHRC Myanmar National Human Rights Commission MP Member of Hluttaw (Parliament) NCMP National Case Management Plan NDI National Democratic Institute OGP Open Government Partnership OSCU Office of the Supreme Court of the Union PEA Political Economy Analysis PIO Public Information Office POL Pyin Oo Lwin PRLP Promoting the Rule of Law Project/Myanmar RMO Ratana Metta Organization ROLCB Rule of Law Coordination Body SCVG Social Care Volunteer Group SGBV Sexual and Gender-based Violence SOP Standard Operating Procedure SRYN Sagaing Regional Youth Network STRO Second Tap Root Organization PROMOTING THE RULE OF LAW PROJECT (PRLP) | 3 TCDN Thwee Community Development Network TIP Trafficking in Persons TOT Training-of-Trainers UAGO Union Attorney General’s Office UKMLF U Kyaw Myint Law Firm ULAB Union Legal Aid board UN United Nations UPR Universal Periodic Review US United States USAID United States Agency for International Development WON Women’s Organization Network FINAL REPORT (OCTOBER 1, 2013 – SEPTEMBER 30, 2018) | 4 EXECUTIVE SUMMARY Over the past 5 years, the USAID/Myanmar Promoting the Rule of Law Project (PRLP) provided technical assistance, capacity development, and grants to: 1. Promote more effective, accountable, and accessible justice sector institutions 2. Increase legal literacy, access to justice, and the participation of marginalized populations in target regions/states. PRLP support included technical assistance to the Office of the Supreme Court of the Union (OSCU), the Union Attorney General’s Office (UAGO), the Union Legal Aid Board (ULAB), and civil society organizations (CSO). Over the project life, PRLP provided 41 grants to 34 different organizations totaling more than US$2.5 million to improve access to justice, raise awareness of legal rights, and protect human rights. PRLP focused on two main objectives. Objective 1: To Promote More Effective, Accountable, and Accessible Justice Sector Institutions Component 1: Support the development of a comprehensive strategy for national rule of law reform PRLP provided significant support to the OSCU resulting in a 3-year (2015-2017) judicial strategic plan (JSP) with the theme “Advancing Justice Together.” The JSP included several key performance measures to align judicial personnel towards a common goal including an 80 percent court user satisfaction target, and efficiency measures such as clearance rates and trial date certainty. Following the JSP, PRLP supported the OSCU planning team to review progress and develop a 5-year (2-18-2022) JSP with the theme of “Towards Improving Justice for All.” The OSCU conducted consultations with stakeholders, other courts, CSOs, and international experts before finalizing and presenting the JSP publicly, including a question and answer session. PRLP conducted two study tours for justice sector actors, one to Washington DC and one to San Francisco, California, and Reno, Nevada. The first tour addressed key reform areas including resolution of commercial disputes, continuing legal education for judges, prosecutorial roles during pretrial investigation, and justice sector reform and strategic planning. Building on those themes, the second trip focused on critical topics such as ethics, training, legal aid, specialized courts, and the importance of collaboration among justice sector actors. Justice sector tour participants gained an understanding on how their work is inter-related and of the importance of collaboration. PRLP worked in close collaboration with the National Democratic Institute (NDI) to deliver a series of roundtable discussions for members of parliament/hluttaw (MP). Topics covered PROMOTING THE RULE OF LAW PROJECT (PRLP) | 5 included anti-trafficking, legal aid, anti-corruption, women’s rights, sentencing, and human rights. Component 2: Enhance the capacities of the Union Attorney General’s Office PRLP worked with the UAGO to conduct and analyze criminal justice system work flow and cases in 2016, identifying weaknesses and areas for improvement. This resulted in the establishment of three pilot law offices. PRLP worked with these offices to upgrade facilities and resources, provide training, and develop new procedures. In late 2017, PRLP developed and introduced an automated data collection and case tracking/assignment and management process, replacing manual case registry. The system included the use of tablets and a case tracking, assignment, and management tool to organize and store incoming and outgoing emails from police, courts, and attorneys. Physical office upgrades provided a private space to interview victims and witnesses. In April 2018 the attorney general led the first coordination meeting at the UAGO for key justice sector institutions. The event significantly discussed common issues, built collaboration among the various justice sector actors to increase efficiency, and encouraged speedy justice. This milestone meeting resulted primarily from PRLP assistance to improve trafficking in persons (TIP) prosecutions. PRLP worked with the UAGO to develop a victim-focused and collaborative approach to handling TIP prosecutions that the UAGO identified as valuable for all prosecutions. Component 3: Support to judicial self-governance and judicial reform PRLP supported development of 8 pilot courts that initiated new case management procedures ultimately expanded to 18 additional courts as part of a National Case Management Plan (NCMP). Closed case and court user surveys and trial monitoring were used to evaluate pilot courts, providing data and lessons learned to develop the NCMP. This led to the creation of user and training manuals now utilized to continue expansion of the NCMP.