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. Supporting the NCMP, PRLP developed an automated case management system (ACMS) tested and installed on a PRLP provided server at the OSCU IT Unit. It is now available for nationwide rollout. PRLP training programs included customer service, TIP, judicial skills, media relations, public outreach, and IT operations. Through training-of-trainers (TOT), PRLP provided the OSCU with the means to further expand both customer service and media training for judges and court personnel throughout the country. PRLP supported consultations and workshops on the development of the legal aid law adopted in 2016 and amended in 2017. After appointment of the ULAB in late 2017, PRLP worked closely with members to develop their roles and work plans and provided furniture and equipment. The PRLP Legal Advisor served as the International Advisor to the ULAB, providing significant technical support and mentoring. Component 4: Develop the capacity of civil society to engage in public policy development and advocacy PRLP worked to promote greater public policy engagement and advocacy including developing the Access to Justice Initiative (A2JI) in July 2015. This is a civil society-led initiative, with more than 40 CSOs, designed to support adoption of structural and policy changes to strengthen access to justice in Myanmar. PRLP supported the development of the Independent Lawyer’s Association of Myanmar (ILAM) to build organizational capacity, open law libraries, and conduct continuing legal education programs. PRLP developed and launched the Legal Aid Toolkit for Myanmar, a dual-language self-education resource designed to improve skills and
FINAL REPORT (OCTOBER 1, 2013 – SEPTEMBER 30, 2018) | 6 capacity of legal aid providers. An accompanying curriculum and TOT program augmented the toolkit by building a cadre of legal trainers. PRLP developed a comprehensive legal aid case management system (LAMS) for legal aid providers based on toolkit forms. PRLP provided user training, in-house training at CSO offices, and an online video to help users efficiently navigate the LAMS. Objective 2: Increase Legal Literacy, Access to Justice for Marginalized Populations in Target Regions/States Over the project, PRLP awarded 41 grants to improve access to justice, raise awareness of legal rights, and protect human rights. Achievements included improving access to justice for over 5,000 marginalized community members through direct legal aid services, reaching 57,320 individuals with legal rights awareness, and developing the capacity of 998 community paralegals. Grantees trained 23,986 individuals (61 percent female and 31 percent male) on legal awareness, human rights, women’s rights, advocacy, legal service skills, child protection referral systems, and lesbian, gay, bisexual, and transgender (LGBT) rights.
PROMOTING THE RULE OF LAW PROJECT (PRLP) | 7
PROGRAM ACCOMPLISHMENTS BY
OBJECTIVE & COMPONENT
Objective 1: To Promote More Effective, Accountable, and Accessible Justice Sector Institutions Component 2: Enhance the capacities of the Union Attorney General’s Office The Promoting the Rule of Law Project (PRLP) Project in Myanmar supported activities to improve justice sector effectiveness, accountability, and accessibility. Key among these were 2 judicial strategic plan (JSP; 3-year and 5-year) for the Office of the Supreme Court of the Union (OSCU), a Political Economy Analysis, 2 US study tours, support for the Rule of Law Coordinating Body (ROLCB) forum, cross-cutting efforts to address trafficking in persons (TIP), and roundtable discussions with members of parliament/hluttaw (MP). JSP 2015-17. PRLP supported the OSCU to develop a 3-year JSP with the theme “Advancing Justice Together.” JSP priorities included: ▪ Protect public access to justice ▪ Enhance judicial independence and accountability ▪ Maintain commitment to ensuring equality, fairness and integrity of the judiciary ▪ Strengthen efficiency and timeliness of case
processing ABOVE: The OSCU’s 3-year JSP, based on the theme PRLP conducted multiple planning workshops “Advancing Justice Together” during 2014 including during August and September with senior OSCU officials to develop the JSP. This process invoked broad rule of law principles and gave the Supreme Court an important opportunity to review international models and experiences. The planning team was very receptive to including proven initiatives focused on access to justice, citizen outreach, judicial integrity, and court efficiency. In December 2014, the OSCU publicly launched the JSP, with PRLP printing support. The December monthly judicial meeting served to present the JSP to ABOVE: The OSCU’s 4-year JSP (2018-2022) judges, and it was summarized in a session
FINAL REPORT (OCTOBER 1, 2013 – SEPTEMBER 30, 2018) | 8 of the hluttaw in November. The JSP included several key performance measures to help align judicial personnel towards a common goal. These included a target for 80 percent court user satisfaction, and several efficiency measures such as clearance rates and trial date certainty. JSI 2018-2022. PRLP supported the OSCU in a consultative process to develop a follow-on JSI with the theme “Towards Improving Justice for All.” The OSCU appointed a planning team, which reviewed JSI 2015- 2017 progress before embarking on the new JSP. They further reviewed court performance based on customer surveys, closed case data compiled by PRLP, and other statistics, and consulted stakeholders, other ABOVE: The Supreme Court presents the JSP 2018-2022 courts, civil society organizations (CSO), and international experts. The planning team conducted regular drafting meetings over the course of six months to systematically develop JSP components. The final draft was presented to international donors for input on their technical and financial assistance. After revisions and approval from the Chief Justice, the JSP was launched on January 30, 2018. During a launch event in Nay Pyi Taw, OSCU leadership explained the process and strategy, action areas, and targets for improving justice services to the public. To increase transparency, the OSCU conducted a press conference before the launch, engaged media organizations and participants in a question and answer session during the event, and issued a press release after the launch. This marked the first time the OSCU took such an interactive approach, allowing the media to participate in a major event and illustrating significant steps towards increased transparency and willingness to engage with the public. The launch presentation outlined the vision,1 mission, and values embraced by the courts. JSP tasks were ranked by priority for implementation timing. Targets included a 100 percent clearance rate, reducing criminal cases pending more than 1 year by 5 percent and civil cases pending more than 3 years by 2 percent, and reducing postponement rates by 20 percent in criminal cases and 12 percent in civil cases. The OSCU also set a goal for 80 percent customer satisfaction. The current 5-year JSP seeks to promote the rule of law, foster regional peace, enhance public trust and integrity, and adjudicate cases fairly and efficiently in accordance with the law. It is available online here. Political economy analysis (PEA). In late 2017, PRLP conducted a rule of law PEA to outline the current context in Myanmar and develop recommendations for improvements. The process involved a data review and analysis, interviews with key actors and focus group participants. The PRLP Chief of Party (COP), Deputy COP (DCOP), and senior justice program manager
1 Vision: To provide the highest quality of justice for all, promote public trust and confidence in the courts, and achieve effective rule of law.
PROMOTING THE RULE OF LAW PROJECT (PRLP) | 9 participated, providing feedback and data to inform the process. PEA analysis addressed why things happen rather than how they happen, to inform future justice sector activities. It sought to improve understanding of political and economic processes and interactions that guide power dynamics, and of the relationships that shape the Myanmar context and influence rule of law actors. The four levels of analysis included reviewing: ▪ Foundational conditions ▪ Institutional arrangements ▪ Developments that constitute the here and now ▪ The dynamics of how these factors interact Judicial visits to Myanmar. PRLP worked to bolster relationships and dialogue between the US and Myanmar justice sectors, exposing the Myanmar judiciary to international best practices. Judge Allyson Duncan, US 4th Circuit Court of Appeals and Chair of the International Justice Resource Center, visited in early 2017. During this visit, Judge Duncan met with a variety of Myanmar organizations and individuals, including the chief justice, attorney general, and the US Ambassador to Myanmar. Judge Duncan’s work in Myanmar included: ▪ A judicial education workshop with the OSCU ABOVE: Judge Duncan meeting with judges at the Judicial Training Center ▪ Visits to the USAID pilot court in Hlaing Tharyar, the judicial training center, and Yangon University ▪ A prosecution priorities and challenges meeting with the Union Attorney General’s Office (UAGO) ▪ Legal ethics meeting with Independent Lawyer’s Association of Myanmar (ILAM) ▪ Addressing the law studies club ▪ Alternative dispute resolution meeting with Union of Myanmar Federation of Chambers of Commerce and Industry ▪ Reception for women in the legal profession ▪ Anti-corruption discussions with MPs as part of the National Democratic Institute (NDI) roundtable program Following the visit, PRLP continued supporting the judiciary through a series of workshops entitled Judging in a Democratic Society, conducted in collaboration with the CEELI Institute (refer to Component 3 for more detail). PRLP fielded three judges to participate in the program, including 2 US retired judges and 1 Croatian judge. They worked closely with Myanmar district court judges to conduct a 3-day training in 3 locations. This visit served to share experiences from both the US and Croatia, a post conflict country, to build better practices and enhance professionalism of the judiciary.
FINAL REPORT (OCTOBER 1, 2013 – SEPTEMBER 30, 2018) | 10 Study tours to the United States. In March 2017, PRLP conducted a study tour with Myanmar justice sector participants to Washington DC. The tour addressed the 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. Participants included Supreme Court Justice U Tha Htay, UAGO Permanent Secretary Daw Nu Nu Yin, another key UAGO staff member, two OSCU representatives, Head of the Yangon University Law Faculty Dr. Khin Mar Yee, and a member of the ILAM Central Executive Committee (CEC). The group visited a variety of justice sector institutions ABOVE: Study tour delegates at the US Supreme Court including the US attorney’s office in Maryland, the Maryland State’s attorney’s training coordinator (a prosecutor), a Maryland prosecutor’s office, a crime victim’s resource center, a state public defender’s office, a police training center, the Federal Judicial Center, the American Bar Association, and one of the newest commercial courts in the US. The group observed portions of an ongoing murder trial in Rockville, Maryland. Building on this tour, PRLP completed a two-week US study tour in February 2018 that focused on ethics, training, legal aid, specialized courts, and the importance of collaboration among various justice sector actors. Ten participants, including representatives from the UAGO, Union Legal Aid Board (ULAB), ILAM, and the Hluttaw Legal Affairs Committee participated, visiting locations in San Francisco, California, and Reno, Nevada. Participants were exposed to collaborative courts and modern prosecution practices, and visited legal aid clinics, a public defender’s office, and a bar association. Participants focused on training and ethics when visiting the National Judicial College, federal courts, and the California Judicial Commission. Participants met with prosecutors, law enforcement, and pre-trial services staff. A meeting with the California District Attorneys Association provided valuable information about pre-trial investigation, working collaboratively with witnesses and victims, and prosecutor training. Legal aid clinics and the public defender office offered various models for the ULAB to ABOVE: Participants engage with the California Judicial Commission to learn about disciplinary procedures and consider in their implementation of the new compliance with ethics codes legal aid law.
PROMOTING THE RULE OF LAW PROJECT (PRLP) | 11 Rule of Law Forum. PRLP, in collaboration with other international donors, supported the Rule of Law Coordination Body (ROLCB) to conduct a rule of law forum on March 7-8, 2018, in Nay Pyi Taw. The 400 participants included members of regional and state rule of law coordinating bodies, CSOs, government officials, other justice sector institutions, and international donors. The first day featured international and national speakers, while the second day included a series of working group sessions on: ▪ Access to justice and legal aid ▪ Justice for children and vulnerable groups ▪ Empowerment for women ▪ Legal education and professional development ▪ Law enforcement and crime prevention ▪ Accountability and efficiency in all justice sectors This event marked the first step toward development of a comprehensive Justice Sector Reform Strategy. State Councilor Aung San Suu Kyi delivered the opening remarks and emphasized the need to combat corruption and protect citizen’s rights. Justice Sector Best Practices Report. In 2015, PRLP prepared a report on justice sector best practices in the Asia Region and globally, in both English and Myanmar. The report is structured around primary pillars required for rule of law reform to take hold. For each pillar, the report provides substantial information on international justice sector standards and practices. Pillar 1: Independent, professional, self-governed, and accountable judiciary Pillar 2: Justice actors are of the highest competence and integrity and remunerated accordingly Pillar 3: Modern and fair criminal justice system Pillar 4: Public confidence and access to justice for all regardless of income or status Pillar 5: Modern legal framework that enjoys public support The report is designed to facilitate stakeholder ability to analyze for themselves how the Myanmar justice sector compares to regional and international norms and models and identify solutions from global experience that might be effectively adapted in Myanmar. PRLP organized a civil society consultation meeting with more than 40 justice sector stakeholders including lawyers, retired judges, CSO leaders, business representative, activists, academics, and the media to do just this. The meeting concluded with a discussion of reform priorities and next steps for CSOs on justice sector reform. Access to Justice and Administrative Law Report. PRLP engaged a respected comparative law expert based in Singapore, Dr. Melissa Crouch, to develop a comparative law study focused on administrative law policies and procedures. Her report, completed in mid-September 2014, covered several topics including: ▪ Judicial review of administrative agencies, including explanation of the judicial review process in Myanmar, and how judicial review of administrative decisions in other countries provides a point of comparison ▪ Non-judicial mechanisms of review that exist in Myanmar, and recent global trends in non- judicial mechanisms of review that may be suitable
FINAL REPORT (OCTOBER 1, 2013 – SEPTEMBER 30, 2018) | 12 ▪ The broader system of legal education and legal practice, including legal non-government organizations To help promote an informed application of administrative law and writ procedures, the report provides short- and long-term recommendations on substantive and procedural aspects of administrative law, and recommendations affecting the broader legal system. Raising awareness of justice sector issues with MPs. PRLP conducted a series of roundtable discussions for MPs on justice-related issues, in collaboration with the National Democratic Institute (NDI). These discussions included three meetings with a focus on TIP led by PRLP consultant Albert Moskowitz during his three TIP training visits in December 2016, June 2017, and November 2017. These ABOVE: TIP expert Albert Moskowitz addresses MPs at the Parliamentary Resource discussions focused on the Center. ASEAN Convention Against Trafficking in Persons and the Myanmar TIP Law, including proposed amendments. They provided MPs with substantive information to inform law revisions and address human rights issue from an international perspective. As noted above, during Judge Duncan’s visit in February of 2017 she led a discussion on anti- corruption issues with MPs. In October 2017, PRLP joined with Access to Justice Initiative (A2JI) to lead a roundtable discussion with the upper and lower hluttaw. Approximately 50 MPs from bill, public administration, women and child rights, judiciary and legal affairs, and public complaints committees participated. A2JI presented UNCAC findings and 14 points for improving the Anti- Corruption Law and led discussions of rights pursuant to the International Covenant on Economic, Social, and Cultural Rights (ICESCR).
PROMOTING THE RULE OF LAW PROJECT (PRLP) | 13 In January 2018, PRLP hosted another roundtable discussion in Nay Pyi Taw for 61 (47 male and 14 female) MPs. Led by PRLP Anti-Corruption Consultant Ellen Seats, the presentation included a review of anti-corruption efforts in Myanmar since 2008. The presentation focused on areas where further action is needed by the hluttaw, executive branch, and civil society to attain international standards including the Open Government Partnership (OGP) criteria. Such areas of further action included more robust asset disclosure requirements, budget transparency, procedural improvements in ABOVE: Anti-corruption expert Ellen Seats conducts roundtable the complaint process, and strengthened with PMs. citizen engagement. Ms. Seats emphasized that civil society is a critical liaison between public and private sectors in the fight against corruption. PRLP conducted a roundtable discussion with 34 MPs (29 men and 5 women) in January. Alex Moodie and Aung Khaing Min of Progressive Voice led the discussion. Progressive Voice is a policy, research, and advocacy organization working closely with Myanmar civil society. The program focused on areas where the Myanmar National Human Rights Commission (MNHRC) can improve, particularly in light of the Global Alliance of National Human Rights Institutions study ranking numerous human rights commissions. Participants received copies of Progressive Voice’s report Suspicious Minds: The Myanmar National Human Rights Commission’s Trust Deficit (2017), a candid appraisal of the current state of the MNHRC. A question and answer session followed, which led to further discussion around recommendations for legislative and executive actions that could be employed to strengthen the MNHRC. PRLP conducted 3 roundtable discussions with 55 MPs (28 women and 27 men) around issues in sentencing. The discussion, led by the PRLP DCOP, occurred in Nay Pyi Taw on May 22-24, 2018. Three judges from the US and Croatia attended, providing judicial perspective and international best practices. Each session contained a discussion of the various sentencings, sentencing policies (focusing on retribution, rehabilitation, incapacitation, and deterrence), sentencing guidelines and mandatory sentencings, and the importance of judicial discretion and sentence individualization. It emphasized challenges judges encounter in imposing sentences, and the importance of community input and academic and social science research. MPs were encouraged to consider a cost-benefit analysis in setting sentencing policy. The sessions concluded with MPs discussing appropriate sentences utilizing hypothetical situations accounting for the criminal activity severity, victim rights, and characteristics of the accused. These sessions helped MPs consider sentencing implications based on human rights and judge roles. The event emphasized the importance of fact-based considerations to develop intelligent and responsible sentencing policy that meets the needs of a democratic society.
FINAL REPORT (OCTOBER 1, 2013 – SEPTEMBER 30, 2018) | 14 Component 2: Enhance the capacities of the Union Attorney General’s Office During 2016-2017, PRLP and the UAGO developed a pilot law office program to provide technical and material assistance. This program strengthened prosecutor capacity and developed new and effective legal procedures. PRLP also supported the UAGO’s Public Information Office (PIO) and TIP training for law officers to better manage these cases. Support led to the first coordination meeting for various justice sector actors and procedural changes that garnered cabinet level approval. UAGO pilot law office program. Noting PRLP pilot court program successes (see Component 3 below), the attorney general expressed interest in establishing a similar pilot program for law offices. This resulted in PRLP conducting an analysis of cases in the criminal justice system in 2016, and assessment of UAGO workflow, to identify weaknesses and areas to improve in processing of criminal cases. PRLP analyzed data collected through criminal procedure mapping and closed case surveys, revealing inadequate trial preparation and unnecessarily cumbersome administrative processes. Results were presented to the UAGO, along with a series of preliminary recommendations to reduce prosecution time, decrease the duration of pre-trial custody, and improve investigative procedures. PRLP designed and piloted test interventions at three law offices. PRLP then developed an implementation plan for the pilot program in December 2016 and began implementing activities later in 2017. PRLP conducted a launch event and held an orientation in Nay Pyi Taw for more than 20 representatives of the first 3 pilot law offices in Pyin Oo Lwin (POL) District and Chan Aye Tharzan Township (CATZ) in the Mandalay Region and Mawlamyaing (MLM) Township in Mon State. PRLP collected data to establish distinct baselines, ultimately used for evaluation once reforms were in place. PRLP conducted a follow-up assessment during February and March of 2017 resulting in discussions with members of the UAGO Pilot Law Office Supervisory and Management Committee and leadership of the three pilot law offices. Subsequent meetings between PRLP, the attorney general, and high-level staff led to an approval for five primary areas of activity. These areas included: 1. Greater law officer and police interaction and coordination during the investigative state 2. Victim-witness support and outreach by law offices 3. Vertical case assignment in certain cases 4. Modern automated case registration and data collection 5. Developing a more efficient and effective law office work-space (including a general assessment and recommendations for the township and district law offices)
PROMOTING THE RULE OF LAW PROJECT (PRLP) | 15 Pilot law office automated case registration and data collection. To provide the initial foundation for implementing automated case registration and data collection and management at the law office level, PRLP procured equipment for the pilot law offices. These included desktop computers, printers, and essential peripherals. PLRP conducted basic computer skills training including keyboarding and use of Microsoft ABOVE: Pilot Law Office Program Orientation Participants in Nay Suite applications. More advanced Pyi Taw. information and communications technology (ICT) training was as automation advanced. In late 2017, PRLP IT and case management consultants developed and introduced an automated data collection and case tracking/assignment and management process. The goal was to modernize the current paper-based law office practice of hand-writing entries into various case registrars. The system involves two distinct aspects: ▪ Recording daily case activity from the court ▪ A case tracking, assignment, and management tool to organize and store incoming and outgoing emails from the police, courts, and attorneys The daily case activity tool uses a simple wireless cellular network involving the law officer in court entering information on case activity via remote wireless tablets. Data storage is on a cloud drive and shared in real time between the law officers in court, law office clerical staff, and the chief law officer. The pilot law office in Chan Aye Tharzan successfully tested this daily case activity tool with the use of two tablets. The UAGO is preparing to purchase more tablets and install appropriate network set-up to expand the daily case activity tool process to all three pilot law offices. The case tracking, assignment, and management tool process is now utilized in all three pilot law offices. Both tools provide quick and organized information to the chief law officer, facilitating more effective case management and oversight. PRLP’s IT and case management consultants evaluated automation progress in July 2018. They provided technical advice for expanded implementation and recommend software adjustments and gave a comprehensive briefing to personnel at the US Embassy on this UAGO automation effort. Pilot law office workspace upgrades. An inspection of pilot law office facilities during 2017 led BEFORE & AFTER: Library improvements at law office. PRLP to support improvements to
FINAL REPORT (OCTOBER 1, 2013 – SEPTEMBER 30, 2018) | 16 furnishings, layout and design. Each of the three offices had different circumstances and layouts, but all benefited from upgrades to their libraries, furniture, meeting spaces, individual work areas, and equipment. In consultation with BEFORE & AFTER: Remodeled victim/witness interview room the chief law officers, legal texts and books were purchased (51 for MLM, 35 for CATZ, and 39 for POL) for their libraries. PRLP provided new desks and chairs, and space partitions for more efficient configurations. Floorplans were adjusted to allow for individualized workspaces for law officers and administrative staff. Desktop computers were provided to each law officer and administrative staff, and printers for the offices. Each office set up a public information counter, conference meeting space, and dedicated an area for victim-witness meetings. Shelving and cabinets were provided to better organize files and documents. See before and after pictures below. At UAGO’s request, PRLP developed a model office floor plan for replication at all law offices. The plan is simple and adaptable to existing physical conditions. It contains basic elements of a well-functioning prosecutor’s office including a public information counter, individual workspace for law officers, a conference room, a reception/waiting area, a resource/library area, an office for the chief law officer, and a self- contained room for private meetings and victim/witness interviews. The design promotes a BEFORE AND AFTER: Case file improvements in Chan Aye Tharzan Law Office. more professional and efficient work environment, supports recent procedural changes, and allows law officers to properly carry out their duties. It improves in particular victim-witness engagement and pretrial preparation interviews. UAGO’s expressed interest in developing and utilizing this design further demonstrates a forward-looking vision for Myanmar’s law officers, and willingness to better support the human rights of victims and witnesses.
PROMOTING THE RULE OF LAW PROJECT (PRLP) | 17 First coordination meeting for justice sector institutions. On April 24, 2018 the Union Attorney General led the first ever coordination meeting at the UAGO for key justice sector institutions. In total, 38 individuals participated including from the OSCU, Ministry of Home Affairs (various police units including the TIP unit, CID, anti-narcotics, and police chief’s office), Department of Social Welfare, Department of Health, and PRLP. The event discussed common issues, build collaboration among the various justice sector actors to increase efficiency, and ensure ABOVE: Attorney General leading the first justice sector coordination meeting. speedy justice. It featured opening remarks by the attorney general, and a presentation by the director general about pilot law offices supported by PRLP. The attorney general outlined new procedural steps at the pilot law officers, including pre-trial coordination with the police recently approved by the presidential cabinet. The chief law officers from each of the three pilot law offices described to the group how their efficiency improved with the new procedures and noting that almost all cases are now less than 6 months old. A roundtable discussion focused to develop steps to ensure witnesses attend court as scheduled, identified as a major obstacle to timely case resolution. This coordination meeting was significant for bringing justice sector actors to agreement on collaborative efforts needed to improve the justice system and improve public trust. It was agreed that the pilot law offices would support improvements. Participants expressed appreciation that a well-functioning criminal justice sector requires communication and coordination between all institutions. Support to the UAGO’s Public Information Office (PIO) and UAGO public outreach work plan. The project trained 433 members of the UAGO and OSCU to engage with the media and public. The program held mock press conferences to build practical skills. PRLP then supported the PIO to develop their first Media Disclosure Guidelines, and a 3-year workplan for public information officers.
FINAL REPORT (OCTOBER 1, 2013 – SEPTEMBER 30, 2018) | 18 Following up, PRLP organized a media expert to conduct training-of-trainers (TOT) in late 2017 to continue building public presentation skills, provide templates and sample media documents, and ensure workplan implementation. PRLP Media Expert Stephanie Gruner Buckley spent several weeks in November following up on her previous work with both the UAGO and the OSCU (see Component 3 below). The media expert met with the UAGO to review ABOVE: Mock press conferences help UAGO officials hone their media engagement skills. progress toward the previously developed UAGO Public Outreach Work Plan: October 1, 2016 - October 1, 2019, building on those efforts. Media training and TOTs for 35 UAGO participants followed this assistance. the training, the media expert conducted mock press conferences and videotaped interviews to build the skills of law officers charged with media relations for the UAGO. A common theme was ensuring that officials responsible for public information provided timely and accurate information to media outlets and improved their capacity to engage in awareness raising activities. The training included one day of TOT to build sustainability and ensure that PIOs can train other personnel at law offices to improve their communication skills and enhance the justice sector’s public image. Based on the training program and requests from partners, the media expert provided various translated materials to the UAGO. These included frequently asked questions, a sample press release, and a checklist for speaking with the media. Anti-trafficking in persons initiatives. During 2017, PRLP expanded efforts to address trafficking in persons, including collaboration with other implementers. PRLP conducted site visits to source areas and trafficking corridors, and met with various international and local organizations to: ▪ Assess needs and determine appropriate interventions ▪ Understand sources and destination areas for internal and cross-border trafficking ▪ Understand the intersection of sex trafficking, forced marriages, and forced labor in fisheries, construction, and manufacturing industries Based on this information, PRLP outlined two key program areas: 1. Grants to support anti-TIP programming in prevention, protection, and legal support 2. Training programs for judges, prosecutors, and lawyers, and technical capacity building for other state stakeholders PRLP collaborated with the Australia Asia Program to Combat Trafficking in Persons (AAPTIP) to conduct practical TIP ABOVE: TIP expert Albert Moskowitz addresses MPs at the trainings for UAGO law officers. This parliamentary resource center.
PROMOTING THE RULE OF LAW PROJECT (PRLP) | 19 included developing a specialized course focused on international and national TIP law, victim protection strategies, interview techniques, corroborative evidence, direct examination, cross examination, and summation. The first course, which held June 2017, developed practical skills for TIP law officers during the pretrial phase, including recommended topics to cover, use of open and closed questions, and how to recognize and avoid coaching. PRLP conducted TIP training again in November 2017. Training consultant Albert Moskowitz led both primarily with law officers assigned to district level law offices. PRLP developed Prosecutor Guidelines for Pretrial Preparation Interview of Victims in TIP Cases, emphasizing the need for a modern and advanced judicial systems to address the specific needs of victims/survivors and witnesses. Trainings emphasized the importance of conducting pre-trial interviews with TIP victims, and coordinating with police during investigative and pre- trial stages. The November trainings included an advanced 2-day session for 20 law officers who discussed their experiences in conducting the new pre-trial interview procedures introduced in June. The second workshop, with 25 participants, was a 3-day session exposing less experienced law officers to the new pre-trial interview procedures. Both training workshops emphasized the importance of adhering to internationally recognized pre-trial interview guidelines adopted by the UAGO. Prosecution development and enhanced skills training. PRLP conducted a series of training programs to strengthen the pilot court and other law office capacity to deliver effective justice services. RPLT programs offered included: ▪ Basic computer training (June 2017) for all pilot law officers and administrative staff, followed by advanced training for selected staff. ▪ Automation training and monitoring by the IT consultant beginning in January, with follow- up assessment by IT and case management consultants. ▪ Refresher training for experienced law officers on issues in effective prosecution case management (February 2018). At the invitation of the UAGO, PRLP conducted a 1-day training at the UAGO building for 35 experienced law officers from various district law offices, regional advocate general’s offices, and representatives from several UAGO departments undergoing a 2-week refresher training session in Nay Pyi Taw. This session, presented by the DCOP, covered well-established, internationally accepted prosecution practices including: 1. Establishing regularized police-prosecutor interactions and coordination during the investigative stage for more serious and victim-intensive cases 2. Highlighting the benefits of proactive victim and witness outreach to answer questions, alleviate uncertainty, and assure attendance at court hearings, and promote better case preparation 3. Emphasizing the values in the recently adopted Law Officer’s Code of Ethics.
FINAL REPORT (OCTOBER 1, 2013 – SEPTEMBER 30, 2018) | 20 The afternoon session used interactive problem-solving exercises focused on the positive role that a law officer/prosecutor can play in working with police investigators to build a case during the investigative phase. Themes pending approval for pilot court implementation were emphasized. ▪ Training on effective prosecution for today’s law officers (May 2018). Law officers and staff from the three ABOVE: PRLP provided practical skills training for UAGO law pilot law offices met in Nay Pyi Taw officers. to attend 2-day training sessions on new prosecution procedures and techniques, including issues and approaches. PRLP’s DCOP led sessions covering the role of the modern prosecutor, adopting internationally recognized practices with an emphasis on developing law officer investigative skills, and strengthening the relationship between law officers, police, and victims and witnesses. Professional and ethical duties of law officers, outlined in the recently adopted Law Officers Code of Ethics, were incorporated into sessions that used a combination of lecture, participatory group discussion, and team problem solving from case scenarios. During breakout sessions, participants provided suggestions for strengthening law officer and police cooperation and enhance victim-witness outreach. Thirty individuals representing staff at the three pilot law offices attended, as well as representatives from the Mon State and Mandalay Region advocates general offices. ▪ Law officer trial preparation and interview skills (August 2018). As follow-up to the May training workshop, PRLP provided training to law officers from the pilot law offices on properly conducting pre-trial preparation interviews with victims and witnesses. Led by Albert Moskowitz and PRLP’s DCOP, the Law Officer Interviewing Guidelines for TIP Victim Pre-trial Preparation Interviews was modified to a multi-purpose guide applicable to general criminal cases. ▪ UAGO participation in US study tours. UAGO leaders participated in two study tours to the US conducted: Washington DC in March 2017, and San Francisco and Reno in February-March 2018 (see Component 1 for details). These study tours offered participants exposure to high quality US justice sector institutions, both state and federal, and input from bar associations, academia, training . institutions, and public defender ABOVE: Study tour participants visit a San Francisco court offices.
PROMOTING THE RULE OF LAW PROJECT (PRLP) | 21 Component 3: Support to judicial self-governance and judicial reform PRLP collaborated with the OSCU to build more efficient and effective justice sector institutions through provision of material and technical assistance. PRLP directly supported an initial 3, and then an additional 5, pilot courts. These pilot courts were evaluated using closed case and court user surveys and trial monitoring, providing data and lessons learned to build a National Case Management Plan (NCMP). To support the NCMP, PRLP developed and tested the automated case management system (ACMS) and, with the installation of a server at the OSCU IT Unit in Nay Pyi Taw, is available for national rollout. PRLP provided training programs including customer service, TIP, judicial skills, and IT. As noted above in Component 1, PRLP supported the OSCU to develop two JSPs that incorporated judicial reforms and recommendations for the NCMP and ACMS. Development of Pilot Courts. In July 2015, PRLP launched its pilot court program at three initial courts, namely Hlaing Tharyar and Hpa-an Township Courts, and Taungoo District Court, followed by five other courts in September 2016, namely MLM and Monywa district courts, and Chan Aye Tharzan, Magwe, and Pathein township courts. PLRP pilot court coordinators made regular visits to the eight pilot courts to assist and mentor, and monitor progress and ensure compliance with new procedures. During these standardized visits, coordinators facilitated question and answer sessions with judges and staff and reviewed the case tracking system and intake procedures with clerks. Coordinators monitored compliance with OSCU’s case management plan, under development at the time to modernize practices. In late 2016, PRLP developed a best practices implementation guide designed to help judges and key justice stakeholders replicate case management techniques and processes proven successful in the initial three pilot courts. The guide focuses on conducting court performance surveys, implementing case management procedures such as pretrial conferences, and guiding use of automated case tracking systems. The OSCU established coordinating ABOVE: Participants review results from the initial pilot courts 2-year evaluation workshop held in Nay Pyi Taw, August 2017. committees composed of representatives from the OSCU, high courts, and other justice stakeholders at each pilot court site to ensure effective implementation. PRLP facilitated on-the-job trainings for pilot court staff and judges to impart case management skills. Typically, judges are transferred to a different court each year, creating a loss of talent and experience in the pilot courts, and causing significant retraining time. This on-the-job training helped speed up the transition for newly assigned judges. PRLP worked with the OSCU to introduce the first practical skills training to the
FINAL REPORT (OCTOBER 1, 2013 – SEPTEMBER 30, 2018) | 22 “recruitment judge” orientation course. The course is now a permanent part of the new judge curriculum. PRLP worked with the pilot courts to design color-coded file folders with pre-printed sections for capturing key case information. Folders will protect case file documents and enable vertical file storage. Vertical storing saves time in retrieving case files and fosters a more organized and professional working environment.
48% 50% 38% 40% 33% 26% 30% 15% 20% 13% 12% 12% 10% 0% Very + somewhat very+ somewhat Neutral Do not know positive negative
Baseline Endline
Figure 1: Public opinion of the courts in PRLP pilot courts (Source: PRLP household mini survey) PRLP conducted user surveys semi-annually in each pilot court to measure program performance. Findings indicated that initial pilot court user satisfaction increased from 61.5 percent (2015 baseline) to 68 percent, and postponement rates reduced in criminal cases from 62 percent to 31 percent, and in civil cases from 44 percent to 16 percent. A notable and important increase was that 75 percent of people reported they were treated equally (up 62 percent over baseline 2 years before), and 76 percent say that court personnel treated them with courtesy and respect (up 62 percent over baseline). The courts are achieving new time standards with 76 percent of criminal cases on time (defined as 85 percent disposed of within 180 days), up from 59 percent. Overall clearance rates, though slightly less than last year, are still higher than the 2013 baseline (98 percent of criminal cases and 99 percent of civil cases). PRLP household mini- survey findings in Figure 1 showed an increase in positive public perception of courts. NCMP. Based on pilot program successes, the OSCU, with PRLP support, developed the NCMP. This plan includes a multi-stage introduction to new court procedures beginning with an additional 18 courts in mid-2018. PRLP staff completed a 3-day TOT for 20 NCMP trainers in April 2018. The training program focused on data collection methods for closed and pending cases, and court user surveys. PRLP court and monitoring and evaluation staff elaborated their knowledge and experience with data collection and analysis during the pilot court program and conducted hands-on computer training. The trainers who completed this program were assigned to the various regions and states to conduct training for judges and district/township court staff NCMP implementers. This program provides sustainability for NCMP’s future and builds professional competence to ensure a more effective and accountable court system.
PROMOTING THE RULE OF LAW PROJECT (PRLP) | 23 This training program was followed by development of a training guide in collaboration with NCMP trainers to conduct court surveys (May 2018). It was designed for use by regional and state trainers. PRLP staff worked with a national trainer at each of the 18 courts, training personnel in the first stage of NCMP expansion. Following development of the court survey training guide, PRLP conducted replication trainings in ABOVE: PRLP completed TOT for national case management program. June 2018 for regional coordinators and focal groups from the 18 courts. PRLP supported national NCMP trainers and pilot court judges to develop the NCMP Manual “users guide.” This important reference tool is key to successful nationwide application of the new case management process. A key milestone was when NCMP trainers and PRLP staff collaborated in late June 2018 to develop the NCMP Training Guide. This guide will assist regional trainers to provide thorough and consistent guidance in leading implementation efforts. During July 2018, PRLP supported the transition from pilot court program to NCMP. Over the course of the next 5 years, all trial courts in Myanmar will implement case management procedures pursuant to the NCMP. Apart from the eight pilot courts (now designated as CMP Courts), 18 additional courts in all 14 states and regions implemented the NCMP. To facilitate the transition, PRLP conducted an intensive two-day program in July 2018 led by PRLP’s case management consultant Rick Callanan. The first day was an evaluation workshop attended by Director General Tin Nwe Soe, the OSCU case management committee, five national NCMP trainers, and judges from the three initial pilot courts. The second day included a roundtable work session attended by the director general, the 14 regional case management coordinators, and the national trainers. Challenging areas were identified for special ABOVE: PRLP consultant conducts case management training. attention including: ▪ Dealing with judicial staff turnover and the effect on the CMP ▪ Specific roles and duties of regional case management coordinators ▪ Adjusting case management procedures as circumstances warrant
FINAL REPORT (OCTOBER 1, 2013 – SEPTEMBER 30, 2018) | 24 The OSCU, under forward-looking leadership and with PRLP support, demonstrated its commitment to fully implement the NCMP, and took ownership in meeting the challenges of nationwide implementation. Further support for NCMP rollout was provided in late August through procurement and delivery of 102 printers to the courtrooms of the 18 newly designated CMP courts. This material support provided a boost to implemention efforts as printers are a key tool in day-to-day operations. The new procedures generate a number of new forms (case management orders, pretrial conference orders, and scheduling orders) all of which are quickly completed, executed, printed, and delivered to the appropriate parties during planning conferences in court. The value of printers was highlighted during the pilot court program. Development of an automated case management system. Cumbersome manual ABOVE: PRLP ICT Consultant reviews the ACMS with court personnel. case processing procedures are a factor in case delays and result in a lack of accessible, comprehensive, and verifiable data for justice sector management decision-making. In the initial pilot courts, PRLP developed an Excel-based case tracking system to support new case management procedures and performance management reporting. While functional and an improvement over manual record keeping, the system lacked comprehensive data and functionality needed by the courts. To address this, PRLP IT consultant Dr. Lobaza worked in collaboration with OSCU’s case management committee and IT department to develop the ACMS. In early 2017, PRLP worked with the OSCU to develop a CMS Development and Deployment Plan, allowing them to assume oversight for the system. This plan includes a 3-year (2018-2020) implementation process and a national rollout strategy, as well as budgetary and IT requirements. In May 2017, PRLP began testing the ACMS in two pilot courts in Pathein Township (civil) and Chan Aye Tharzan Township (criminal). In September 2017, Dr. Lobaza returned to Myanmar to finalize the system, validate testing, meet with judges and court personnel, and conduct site visits to identify any issues and obtain feedback. Final adjustments to the system were based on that feedback. In June 2018, PRLP provided a server and firewall to house the ACMS at the supreme court building, as well as perpetual licensing. Dr. Lobaza continued working with the OSCU IT team on-site during July 2018 to set up the server and firewall, and to train them on implementation and system maintenance. During August and September of 2018, he continued with remote follow-up support ensuring a solid start to the ACMS process.
PROMOTING THE RULE OF LAW PROJECT (PRLP) | 25 Improving Customer Service. PRLP provided customer service training at the Supreme Court of the Union and in pilot courts in the first half of 2017. Then, the court replicated the training throughout the country with more than 1100 judges and court personnel including conducting TOTs so that court personnel continue to replicate the training. The training program aimed to create a culture of customer service, providing new ABOVE: The OSCU utilized interactive techniques to train on customer techniques and communication service. skills for court personnel to improve service quality and overcome negative public perceptions. Participants quickly realized the benefit not only for the public, but for improving their skills and enhancing court perceptions. Public information desks were established at pilot courts, helping the public to better understand court processes and to navigate the courthouses. Brochures on procedures and the court system were developed and made available to the public. PRLP worked with OSCU leadership to develop model blueprints for courthouses that efficiently serve public court needs. The models included public spaces, meeting rooms for lawyers and litigants, public information counters, and adequate courtroom facilities. The plans are helping in the design and construction of new courthouses. In mid-2018, the OSCU conducted court user surveys using the Tetra Tech DPK Q10 questionnaire. The Q10 measures perceptions through 10 questions. The OSCU initially began using Q10 surveys in the first three pilot courts, conducting a baseline, 6-month, and years 1, 2, and 3 court surveys, and measuring progress over these years. As the pilot court program expanded, a baseline and year 1 survey were conducted for comparison at the 5 additional pilots courts. Figure 2 shows a steady a steady increase in citizen satisfaction with the pilot courts in the areas of access to justice and efficiency over a three-year period based on the surveys taken in the last three years of PRLP. Performance. details the increase in customer satisfaction:
FINAL REPORT (OCTOBER 1, 2013 – SEPTEMBER 30, 2018) | 26 80% Year Three, 75% 70% Year Two, 68% Year One, 66% 60% Baseline , 62%
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Figure 2: Citizen Satisfaction with the Pilot Courts Performance in Access to Justice and Efficiency
Media training/PIO support. The OSCU assigned court information officers to all courts in late 2015 and issued general guidelines for their work focused principally on fielding media requests. The chief justice made clear that expanding public information services was a top priority and requested PRLP’s support to train the newly designated court information officers. Over 6 workshops, PRLP trained 400 judges with limited relevant knowledge and experience to act as court information officers. Trainings focused on the role of public information services in improving access, public trust, and confidence in courts. They sought to prepare court information officers in the practical aspects of their job duties, including media management, court brochures, websites, outreach programs, overseeing information desk operations and court user surveys, improving language access and court signage, and conducting effective media interviews and press conferences. In mid-2015, PRLP initiated a two-prong approach to promoting public awareness, namely policy development nationally, and public information training for court officials locally. PRLP supported the launch of the OSCU’s public relations department, offering significant technical assistance in drafting a 1-year action plan. Key elements of the department’s work included preparing OSCU’s annual report, developing a relevant language policy for court information, and conducting public outreach programs. PRLP conducted media training for both the OSCU and UAGO public information officers (see Component 2 above) in late 2017. During these training sessions, the PRLP media expert conducted mock press conferences and videotaped interviews to build the skills of participating judges, law officers, and court personnel charged with media relations. These programs built on previous trainings and technical support provided to the OSCU. A common theme was to ensure that those officials responsible for public information provided timely and accurate information to media outlets and had strengthened capacity to engage in community awareness raising
PROMOTING THE RULE OF LAW PROJECT (PRLP) | 27 activities. The training included a 1-day TOT for PIOs to further the training with other judges and court personnel and improve communication skills to engage with the media. The OSCU utilized these new skills by engaging in a question and answer session with media and participants at the January 2018 launch of the 5-year strategic plan. As part of launch activities, OSCU issued a press release and conducted a press conference before the launch event. Similarly, judges in Mandalay conducted a press conference, and used Facebook Live, to address issues raised in recently completed high-profile cases. Then in March 2018, the Mandalay High Court conducted a press conference with 55 members of the media (television, print, and internet), and 22 justice sector representatives including members of the private bar. The Mandalay press conference was recorded and used by the OSCU as a teaching tool in media skills training conducted throughout the country. Courts utilize new skills to augment transparency and responsiveness, improving public perceptions of the judiciary. Judging in a democratic society training. PRLP completed 3-day workshops with District Court Judges in a program entitled Judging in a Democratic Society. The training held late May 2018 in Nay Pyi Taw, Mandalay, and Yangon, included 35 judges in each session. It addressed several key issues common to judges everywhere, especially in challenging environments and in countries aspiring for a more democratic order. Topics included discussion on judicial independence, relations with other branches of government, relations of the judiciary with the public and the media, and judicial ethics. Trainers emphasized human rights law, both domestic and international, and challenges faced by judges in struggling with increasingly onerous mechanisms designed to ensure judicial accountability. The CEELI Institute facilitated, with support from two US and one Croatian judge. ABOVE: Mandalay participants in the judging in a democratic society program. TIP roundtable discussion with the OSCU. In late 2016, PRLP conducted a roundtable discussion chaired by the Director General and including judges and members of the criminal department who had dealt with TIP cases. The discussion focused on an enhanced role for law officers during pretrial investigation, which was a key recommendation from the UAGO Law Office Case Management Assessment. PRLP included the OSCU in joint training/roundtables on TIP issues, despite some reluctance to participate. Law on legal aid. The Law on Legal Aid, enacted January 2016, created the first comprehensive legal aid scheme for Myanmar and placed oversight responsibility for new system under the OSCU. While objectives outlined were admirable, passage of the law was not preceded by a legislative policy or fiscal impact analysis, or even consultation with the legal aid community, and the resulting law provided insufficient guidance on how the new system should be implemented.
FINAL REPORT (OCTOBER 1, 2013 – SEPTEMBER 30, 2018) | 28 The UAGO held a consultation during drafting in spring 2015, but limited participation to government attendees and a single legal aid lawyer. The overall response to this consultation was poor. PRLP worked with the OSCU to conduct a second more inclusive consultation on the law to help with implementation. PRLP encouraged the OSCU to engage more broadly, advocating greater participation by civil society and the legal aid community, as these providers are most directly affected by the law and the most knowledgeable regarding the current state of legal aid in the country. PRLP pushed for greater inclusion of MPs as well to improve to make for a more deliberative process. Bringing together representatives from different branches of government is difficult in Myanmar. In particular, the willingness of the judiciary to engage with the hluttaw, or the government to engage with civil society leaders, is limited. PRLP worked with the OSCU leadership throughout the process, most notably with the Director General, to convince the Chief Justice of the value of this approach. The consultation was held in late July 2016 and included the Amyotha Hluttaw’s bills committee chair and other MPs, the rector of Yangon University’s law faculty, and representatives from the UAGO, the ministries of home affairs, relief and resettlement, and finance and national planning. Most encouraging was that a quarter of the participants represented lawyers and legal aid providers, including the paralegal community. Three well-known legal aid experts supported consultation design and facilitation. Over two days, participants mapped Myanmar’s legal aid stakeholders and addressed a wide range of issues including approaches to establishing various bodies required by the law, prioritizing beneficiaries identified by the law as appropriate for state-funded legal aid services and enabling legal aid provision to persons already in custody. Following the consultation, PRLP reconvened with the OSCU Legal Aid Working Group to discuss next steps for implementation. The OSCU and PRLP developed a draft 6-month implementation plan, which included data collection needs, and a further consultation to discuss specific and appropriate legal aid mechanisms (an assigned counsel system, for example, versus a public defender’s office). In September 2016, the Pyithu Hluttaw discussed significant revisions to the law and settled on minor amendments. Nominees for the ULAB were presented to the cabinet in May 2016, but only in November 2017 were (different) nominees finally appointed. The ULAB did not start operations for several more months awaiting resolution of issues related to their civil service status and the provision of office space in Nay Pyi Taw. In May 2018, the ULAB inaugurated offices in Nay Pyi Taw with a ribbon cutting ceremony and reception. Attendees included all 13 ULAB members, members of the hluttaw (speakers of both lower and upper houses, and chairman of the bill committee), the attorney general and deputy attorney general, the chief justice of the supreme court, three other justices, and international donors. In early 2018, PRLP undertook a mapping of legal aid providers throughout the country to determine the breadth of resources available to the ULAB and the OSCU. The list of providers, including CSOs, bar associations, and private attorneys, was compiled and developed into a countrywide map with visual diagram to highlight gaps. The ULAB is using this map to assist in determining the model of legal aid that will best serve Myanmar’s citizens. The PRLP monitoring and evaluation team analyzed information from the pilot courts to develop charts of criminal case representations by court and case type. Findings indicate that only slightly more than 20 percent of criminal defendants have attorney representation. Some of the most serious
PROMOTING THE RULE OF LAW PROJECT (PRLP) | 29 crimes include murder and rape. This information helps the ULAB determine the scope of legal aid needs. ULAB support. The legal aid advisor participated in a Legal Aid Operational Models Workshop organized by the ULAB in collaboration with MyJustice in May 2018. All 13 board members took part in the event, intended to plan for implementation of the Legal Aid Law. During this event, the ULAB decided to adopt a mixed model of legal aid delivery best suited for Myanmar, and to establish pilot locations for legal aid services. They determined that all accused criminals who could not afford a lawyer would receive legal aid. Following that event, the board requested a 2-day event in Nay Pyi Taw to finalize the roles and responsibilities of 8 recently formed ULAB committees and develop a 90-day draft action plan for each committee. On June 4-5, 2018, PRLP and the board hosted a roundtable discussion, opened by Chairman Nyan Win. Breakout groups developed goals and activities for the committees including time frames, resources, and follow-up for 90 days to jumpstart critical activities. Board members actively participated in ABOVE: ULAB members work together in breakout groups. developing next steps and showed a strong commitment to move forward to ensure they could provide legal aid Myanmar citizens. PRLP gave a demonstration of legal aid case management system (LAMS). Following the event, the ULAB appointed PRLP Legal Aid Advisor Geralyn Busnardo to serve as one of the board’s international advisors, providing technical support and expert advice on legal aid systems. In June 2018, Ms. Busnardo provided comments on the eight policies developed by the policy making committee during the roundtable event. She supplied sample contracts for legal aid services, administrative organograms, and job descriptions for the office structure of township legal aid bodies who manage grassroots legal aid services. PRLP provided the board with a structure to coordinate with local and international organizations to implement the 90-day workplans, and proposed organizational structures between the u, state, regional, and township bodies. PRLP developed a draft methodology to collect court data, providing information for ULAB consideration in determining where and what type of legal aid services model to implement in the states, regions and townships. The chief justice approved the proposed methodology in late May, and data collected in June and July 2018. Compiled data detailed the number of represented clients according to court and type of crime. Overall, the survey showed that most cases resulted in convictions, while more than half of accused are not represented by an attorney. More than 75 percent of juveniles were in custody during their cases, and bail was often not given as an option. During the final quarter, PRLP continued to support the ULAB in organizing operations in Nay Pyi Taw. PRLP’s legal aid advisor provided technical support to the ULAB, drafting and reviewing organization charts, department roles and responsibilities, and job descriptions. PRLP
FINAL REPORT (OCTOBER 1, 2013 – SEPTEMBER 30, 2018) | 30 provided the ULAB with a model government and legal aid provider contract to ease the process of contracting with CSOs, individual lawyers, and/or firms. PRLP provided the ULAB with 400 books of the Legal Aid Law and Rules for distribution to all legal aid boards, and furniture and equipment for the training room in Nay Pyi Taw. Component 4: Develop the capacity of civil society to engage in public policy development and advocacy PRLP worked to promote greater CSO public policy engagement and advocacy through grants and capacity strengthening opportunities. The project supported ILAM, a national paralegal network, organized by grantee Namati, and the A2JI. A2JI. A2JI is a consortium of more than 40 CSOs focused on a wide range of issues including access to justice, research-based advocacy efforts for reform of specific laws, and promotion of transparency and citizen oversight of public justice actors through monitoring activities. PRLP supported A2JI organization in July 2015 as a civil society-led initiative designed to support adoption of structural and policy changes to strengthen access to justice. They sought to form a unified platform for constructive advocacy efforts as Myanmar prepared for its first truly open election in decades. A2JI organized their work into three clusters, research, advocacy, and monitoring and oversight, to collaboratively pursue research-based advocacy for reform of specific laws and promote transparency and citizen oversight of public justice actors. Through these clusters, A2JI pursues the following objectives: Research: To conduct research and analysis to inform policy and advocacy programs Advocacy: To identify effective, issue-relevant advocacy strategies based on evidence gathered through research Monitoring and oversight: To monitor government performance and reform efforts to evaluate the government, hluttaw, and judiciary’s respective performance in guaranteeing access to and adherence to internationally-accepted standards, including those for fair trials A2JI conducted legal review and impact analysis research on the Farmland Law, Virgin, Fallow and Vacant Land Law, Labor Organization Law, and Anti-Corruption Law. This research included 150 interviews and 15 focus group discussions across 11 states and regions to determine public and community knowledge of these 4 laws. It evaluated civil society’s participation in advocacy processes, determining capacity to influence and change policy and practice in a variety of sectors including: ▪ Anti-corruption ▪ Association rights ▪ Disability rights ▪ Education reforms ▪ Freedom of assembly ▪ Labor and union rights ▪ Land reform and land rights ▪ Legal aid ▪ Media rights ▪ Religions laws ▪ Prisoner’s rights
PROMOTING THE RULE OF LAW PROJECT (PRLP) | 31 To evaluate the quality of court proceedings, A2JI analyzed data from more than 300 courtroom observations. They trained 10 observers who partnered with senior lawyers to evaluate compliance with international and domestic fair trial standards, supported by Justice Base. During 2017, PRLP supported A2JI to implement a multi-year strategic planning process that created a comprehensive activity framework and annual work plans for each of A2JI’s three cluster areas. It further strengthened organizational skills and strategic partnerships. PRLP supported A2JI to develop their website (https://www.a2ji.org/). A2JI worked to build strategic partnerships promoting access to justice among CSOs, policy makers, and development partners including the Myanmar Center for Responsible Business and the Anti-Corruption Commission. In August 2017, A2JI conducted their first collaboration with the pilot court in Hlaing Thar Yar to improve their understanding of court procedures and avenues of corruption. In August, A2JI presented at a community forum on corruption in southern Shan State, an event organized by the Rule of Law Centers, and implemented by the ABOVE: A2JI technical expert explains provision of the anti- International Development Law Organization. corruption law. A2JI worked with the hluttaw to identify and engage in advocacy efforts with the new government and hluttaw. With support from PRLP, they partnered with NDI to conduct roundtable discussions on 22 different laws, including a focus on the need for public consultation in the drafting and adoption of laws. A2JI and NDI brought together 49 MPs to present civil society analyses and recommendations on the TIP law. In May 2018, several A2JI members participated in a public hearing concerning Anti-Corruption Law amendments held by the Public Affairs Administrative Committee of the Pyithu Hluttaw. A2JI members provided research results and expertise during discussions on proposed amendments to the law. In June 2017, A2JI partnered with a legal aid law firm to conduct an Anti-Corruption Law Analysis Workshop that identified 13 sections of the law needing clarification and revision. In September, A2JI and the Local Resource Center partnered to deliver anti-corruption training to 45 participants in MLM. The training resulted in increased community awareness of corruption issues in various government sectors including health, education, and immigration, and how corrupt practices threaten the rule of law. It improved understanding of the Myanmar Anti- Corruption Law and UN Convention Against Corruption.
FINAL REPORT (OCTOBER 1, 2013 – SEPTEMBER 30, 2018) | 32 PRLP supported A2JI to develop a curriculum and a 3-day TOT for 13 focal points and steering committee members in January 2018 on citizen engagement to combat corruption. The training explored forms of corruption defined in the UNCAC and Myanmar context, examining recent reforms and remaining gaps in the current legislative framework. Participants learned how to strategically design and implement trainings to help citizens recognize corruption and empower them to resist it. The TOT resulted in a model curriculum that the A2JI focal points used to deliver training in their respective regions, reaching more than 600 participants in 19 programs. Trainings built society capacity to fight corruption, engage in public policy development, and promote more accountable justice sector institutions that protect human rights. Participants requested follow-upon ABOVE: A2JI participants interact during a TOT program. trainings to build advocacy skills including drafting complaint or request letters. PRLP supported A2JI and various grantees to conduct these trainings throughout the country. In mid-2018, A2JI began collaborating with the Anti-Corruption Commission (ACC) to expand CSO engagement. The ACC specifically requested assistance from A2JI to develop a website focused on bribery. A2JI will work together with the Myanmar Center for Responsible Business (MCRB) to develop this website, where the public can report claims of corruption and access resources for better institutional monitoring. A2JI will provide information gathered by members of watch
ABOVE: Participants practice advocacy skills with complaint groups formed due to PRLP-supported anti- letter writing training in Mandalay. corruption advocacy and citizen engagement training. New commission members show increased transparency and willingness to collaborate with CSOs and address corruption in Myanmar. A2JI, with support from PRLP, conducted their annual meeting on July 13-14, 2018. The event included an annual review of activities, election of leadership, and a review of mission and objectives. Members approved registration of A2JI as an official entity. Figure 3 highlights A2JI’s achievement over the past two years and future priorities.
PROMOTING THE RULE OF LAW PROJECT (PRLP) | 33 Figure 3: A2JI Achievements Accomplishments Future Priorities (2016 – June 2018) (July 2018 to December 2019) ▪ Conducted TOTs and developed curriculum for ▪ Officially register anti-corruption training to build capacity of A2JI ▪ Develop long-term Strategic Plan (3 years) focal Points ▪ Review/develop policies what we need ▪ Conducted Citizen Engagement in Combating ▪ Review/develop advocacy strategies Corruption Together awareness training in states and regions ▪ Develop strategies for sustainability ▪ Conducted Complaint Letter writing training for ▪ Develop Risk reduction plan/M&E plan follow up activity at Yangon, Mandalay and ▪ Capacity building to key stakeholders Taunggyi ▪ Knowledge/experience sharing among network ▪ Networking among key stakeholders and CSOs ▪ Meeting with potential strategic partners ▪ Exposure trip for learning experience. (UNODC, MCRB, JSCB, MATA, IDLO and ▪ Advanced trainings for each cluster ACC) ▪ Regular consultation and meeting with members ▪ Workshops with international & local experts ▪ Regular Steering Committee Meeting ▪ Review & analysis on existing Anti-Corruption ▪ Research activity Law and by law ▪ ▪ Submitted shadow report for UPR report Support in country report to UNCAC. ▪ ▪ Consultation meetings. Participation in UNCAC Review Cycle ▪ Provide necessary support to the country for ▪ Conducted public awareness event on Anti- access to justice corruption day, Dec. 9, 2017 ▪ Marketing to international communities/funding ▪ Collaborated with anti-corruption commission in agencies for applying Proposal symposium and documentary film ▪ Participated in advocacy meeting/workshop with hluttaw and government (Yangon Region Hluttaw, Amyothar and Pyithu Hluttaw). ▪ Publication / IEC development on Combating corruption booklets, pamphlets, T shirt, cups. ▪ Developed website ▪ Conducted Strategic Plan workshop ▪ Conducted regular Steering Committee meetings ▪ Held Annual Meeting (2018) (centered)
FINAL REPORT (OCTOBER 1, 2013 – SEPTEMBER 30, 2018) | 34 Objective 2: Increase Legal Literacy, Access to Justice for Marginalized Populations in Target Regions/States PRLP focused on strengthening the capacity of Myanmar’s legal aid providers, increasing legal literacy, and improving access to justice. These efforts included development of the Legal Aid Toolkit and Legal Aid Toolkit The Legal Aid Toolkit features guidelines for legal Curriculum, with ILAM support, and the aid lawyers and clinics, including: establishment of a national paralegal ▪ Case analysis network. PRLP implemented a grants ▪ Interviewing witnesses program to further raise awareness, provide legal advice and representations, ▪ Alternative dispute resolution and encourage advocacy efforts to ▪ Trial skills promote human rights, particularly ▪ What it means to be a legal aid provider related to TIP. ▪ Legal aid management Legal aid toolkit and curriculum. ▪ Sample application and intake forms PRLP developed and launched the Legal • Statutory interpretation skills Aid Toolkit, a dual-language self-education resource designed to improve legal aid provider skills and capacities. Based on PRLP legal aid trainings delivered to Myanmar’s legal professionals, the toolkit includes skills-based topics including case analysis, witness interviewing, alternative dispute resolution, trial preparation and presentation skills, techniques concerning the management of legal aid organizations, and working with vulnerable groups and judicial counterparts. Sample operational tools provided in hard copy and soft copy formats include sample case intake policies, case intake and closing forms, a case management database, and a checklist for client consultations. The toolkit includes additional information forms and guides to defenses to assist legal aid attorneys in their analysis and preparation of cases involving the 30 most common charges against criminal defendants. PRLP launched the toolkit in November 2017 at an event and subsequent networking reception that attracted over 200 lawyers, paralegals, law students, CSO representatives, and USAID staff. The event featured the Project’s short film, The Free Lawyers: Promoting Legal Aid in Myanmar, highlighting skills training alumni and the impact trainings have on legal aid providers. USAID Mission Director Teresa McGhie delivered opening remarks, stressing the importance of ABOVE: USAID Mission Director, Teresa McGhie, opens launch of lawyers and the provision of legal aid the Legal Aid Toolkit. in protecting human rights, and the US government’s commitment to innovative approaches that support democratic reform. Yangon University Law Department Chair Dr. Khin Mar Yee emphasized that support from USAID was critical for legal reform in Myanmar and hoped future lawyers would have access to this invaluable resource. Since then, PRLP distributed 750 Myanmar and 500 English toolkits to
PROMOTING THE RULE OF LAW PROJECT (PRLP) | 35 CSOs, legal aid providers, bar associations, universities, international organizations, and the ULAB. PRLP developed a training curriculum that mirrors the toolkit and provides skills-based practical activities, handouts, agenda outlines, and pre- and post-assessments. In July 2018, PRLP conducted a TOT on the Legal Aid Toolkit Curriculum. Professor Cynthia Alkon from Texas A&M University School of Law led the training, attended by 24 participants representing the Independent Lawyers’ Association of Myanmar, university law departments and various civil society organizations. The objective was to build a cadre of trainers experienced in interactive techniques and modern teaching methodologies to expand use of the curriculum to others. The curriculum contains lesson plans designed to guide trainers through toolkit modules with content, activities, and handouts. It is intended to build staff capacity delivering legal aid, and to encourage bar association members to share information to their wider networks of partners and beneficiaries. The training was videotaped for future use. It is available in both English and Myanmar versions. The toolkit, curriculum, and TOT are helping build the capacity of legal aid lawyers to deliver effective services to the public and protect human rights. Legal aid management system. PRLP developed a comprehensive case management system for legal aid providers. PRLP worked with Zwenexsys, one of the leading ICT developers in Myanmar and a core member of the USAID-supported Phaandeyar community tech hub, to develop this comprehensive legal aid management system. The LAMS design is based on the Legal Aid Toolkit. PRLP provided user training, in-house training at CSO offices, and an online video to help users learn how to efficiently navigate the LAMS. PRLP then provided LAMS free of charge to interested legal aid providers. Below is a screenshot of the client intake form:
ABOVE: LAMS client intake form
Intake forms allow legal aid providers to manage case information, witnesses, court dates, attorney caseloads, and other important processes. Demographic data can easily be inserted into
FINAL REPORT (OCTOBER 1, 2013 – SEPTEMBER 30, 2018) | 36 reports to illustrate the impact of legal services in each region or state. LAMS advantages include: ▪ Internet-based for easy access, and available for offline use in areas with limited bandwidth ▪ User-friendly with fill-in forms and drop-down menus ▪ Disaggregates data ▪ Develops various reports ▪ Collects and keeps data efficiently ▪ Available in English and Myanmar ▪ Captures demographic data and case information ▪ Applicable in civil, criminal, and family law cases ILAM Support. PRLP supported ILAM through a grant to the International Bar Association’s Human Rights Institute (IBAHRI). The grant focused on three major activities: 1. Establishment of ILAM’s secretariat 2. Opening pilot legal libraries 3. Delivering continuing legal education Notably, ILAM developed 25 standard operating procedures (SOP) on organizational development topics as informed by international practices to guide further development and ABOVE: ILAM inaugurated a new office and law library in Monywa. expansion of ILAM. ILAM launched the first issue of the ILAM Newsletter and the ILAM website (www.ilam.org.mm) in September 2017. Since inception in 2014, ILAM has nearly doubled its membership as they work to develop an inclusive, independent, and sustainable national bar association. Several ILAM membership events and continuing education programs focused on the importance of an independent bar that not only supports the rights of clients, but serves as a check on democratic institutions. ILAM officially registered in November 2016, and continues to expand, opening offices and libraries around the country, and building relations with other justice sector actors. Using PRLP’s Legal Aid Toolkit, ILAM completed several continuing professional development workshops, building trial skills and helping lawyers better represent their clients. ILAM’s chairman participated in one of the project’s US study tours, learning more about the role of independent bar associations. Support to a paralegal network. In Myanmar, where access to legal services is limited, paralegals can play a vital role in providing grassroots level legal services. PRLP achieved a major milestone in increasing access to justice by launching the national paralegal network on April 7, 2017. Conducted in conjunction with project grantee Namati, the launch included paralegals from throughout Myanmar, and international donors. Namati established the network by providing targeted technical assistance to community paralegals using a grassroots approach, including the development of local working groups. Many volunteers worked to increase awareness among citizens unfamiliar with their rights unsure how to hold the government accountable. When necessary, they refer clients to lawyers who can handle their cases in court.
PROMOTING THE RULE OF LAW PROJECT (PRLP) | 37 Gender activities. Gender equality was integral in all PRLP components. PRLP initially developed a Gender Action Plan (GAP) in May 2014, updated in 2017 based on legislative changes and knowledge acquired through 3-years of partnering with the Myanmar justice sector and civil society. The GAP made comparisons with international norms and provided an overview of existing laws and customs that disproportionately and adversely affect women. The GAP reflected on gender-related monitoring and evaluation materials and indicators tracked by PRLP. To develop the GAP, PRLP collected data from 64 female judges, law clerks, and court staff in pilot courts, and 298 female court users, on barriers women face when accessing the justice system. PRLP utilized information collected to promote gender equality more fully into programming, providing recommendations for activities and innovations that similarly promote gender equality but are outside PRLP’s scope. PRLP participated in working groups and meetings focused specifically on gender, anti- trafficking, and women’s rights, and integrated gender into training programs with counterparts. PRLP staff participated in both sessions of the Universal Periodic Review (UPR) on human rights in February and March 2018. The UPR report focuses on violations of human rights in Myanmar and addresses earlier comments from the UN Human Rights Council. Sixteen CSOs from Myanmar participated in the review, developing a draft UPR report by thematic group. PRLP provided expertise on access to justice, anti-corruption and rule of law, gender equality, human trafficking, and migrant workers in Myanmar. In early 2018, PRLP participated, along with various gender-focused organizations (GEN), Women’s Organization Network (WON), and NGO Gender Group (Thingaha), in a Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) Action Myanmar meeting focused on developing strategic goals and plans to advocate with key stakeholders about meeting CEDAW recommendations for Myanmar within the next two years. In 2017, PRLP collaborated with NDI to conduct two roundtable discussions with MPs on amendments to the 2005 Trafficking-in-Persons Law, and to present findings from the CSO shadow report on CEDAW. The CEDAW roundtable included eight representatives from the CEDAW Alliance who presented to 42 attending MPs from various committees. The CEDAW Alliance consists of three CSOs (WON, CEDAW Action Myanmar, and Women’s League of Burma) partnered to address issues of common concern regarding gender rights and equality. Together, they conducted and presented research in 2016 to MPs on five topics, and highlighted shortfalls in Myanmar’s efforts to end gender discrimination, and areas where opportunities for women continue to be suppressed. PRLP supported CSOs to develop a law on violence against women, including participation in the working group led by the Department of Social Welfare within the Ministry of Relief and Resettlement, and the UN Gender Theme Group. PRLP worked closely with other donors, including several UN agencies, to implement a national consultation strategy. During these sessions, an estimated 40-50 participants and speakers from ministries and state/regional governments reviewed the draft law, discussed its potential impact, and considered improvements for the law. The Project supported two consultation sessions, one in Hpa-An (Kayin State) and a second in western Yangon. Over the life of the project, various amendments were made to the law and CSOs continued a strong advocacy, but the law has not yet been adopted and at last report remained with the UAGO legal department for review.
FINAL REPORT (OCTOBER 1, 2013 – SEPTEMBER 30, 2018) | 38 Grants program. PRLP provided 41 grants to 34 different organizations totaling more than US$2.5 million dollars over project implementation. Grants focused on improving access to justice, raising awareness of legal rights, and protecting human rights. Results included improved access to justice for marginalized communities by providing direct legal aid services to more than 5,000 individuals, with legal rights awareness reaching 57,320 individuals, and capacity development provided to 998 community paralegals. Grantees have trained 23,986 individuals (61 percent female and 31 percent male) on legal awareness, human rights, women’s rights, advocacy, legal service skills, child protection referral systems, and LGBT rights. Key achievements are featured below. Targeted Region/State Initiatives – Grants Awarded in 2014 ▪ Equality Myanmar identified paralegals in Pyay, MLM, and Hlaing Thayar townships, and completed a 9- day paralegal and human rights training for 23 paralegals. They organized a lesbian gay bisexual and transgender (LGBT) network in these three townships and facilitated monthly network meetings. They provided legal aid support on 264 cases that benefited 806 people and distributed 6,000 pamphlets and posters. In a follow-on grant, Equality Myanmar provided court ABOVE: Equality Myanmar event representation for 10 cases, legal advice for 140 cases, and documentation support for 78 cases. They organized 3 paralegal experience sharing meetings, 5 monthly coordination meetings, and 1 lawyer meeting for the LGBT community. They produced 2 documentary films and published paralegal and lawyer guidebooks, distributing 71 sets of the film and guidebooks to targeted LGBT groups. ▪ Karenni National Women’s Organization (KNWO) established a safe house for victims in Loikaw Township, Kayah State, where they provided psychosocial support, counseling, and community reintegration to 63 gender-based violence (GBV) survivors. KNWO conducted 8 coordination meetings with local women’s organizations, NGOs, and government departments such as the Department of Social Welfare and the Department of Health. In coordination with local partners, KNWO organized an international women's day event for 568 people (149 men and 419 women) from the 7 townships in Kayah State. They completed TOT on GBV, CEDAW, and human rights for 425 participants (141 men and 284 women) from 28 villages in the 7 townships. They conducted a GBV campaign in 28 villages with 937 people (380 men and 557 females). ▪ EQUAL focused on legal literacy, awareness of rights, legal aid, policy change, and law reform, especially for female sex workers (FSW) in Yangon, Bago Region, and Mon State. EQUAL provided legal representation in 90 cases, and legal advice in another 190. EQUAL
PROMOTING THE RULE OF LAW PROJECT (PRLP) | 39 trained 6 paralegals who conducted 1,020 outreach visits for pre-trial mediations and helped 36 clients access HIV-related treatment while in police custody. EQUAL completed 3 FSW research reports presented at regional stakeholder meetings. ▪ Phoenix Association’s Promoting Knowledge and Changing Public Attitudes Project focused on enhancing human rights awareness among local communities and improving access to ABOVE: EQUAL event. justice through stakeholder dialogues. Phoenix conducted 100 civic education training sessions reaching 2,500 participants, and 20 basic legal knowledge training sessions for 500 participants. They conducted a baseline and endline KAP (knowledge, attitude and practice) survey in Hlaing Thayar Township on human rights. In a follow-on activity, Phoenix extended their activities to Shwe Pyi Thar Township, organizing 40 civic education trainings for 953 people (454 men and 499 women), and 10 basic legal awareness sessions for 260 people (139 men and 121 women). The conducted a legal related KAP baseline and endline survey in Shwe Pyi Thar, which they combined with the previous findings from Hlaing Thayar and presented to 225 people (147 men and 78 women). Additionally, Phoenix provided informational materials including civic education handbooks and legal service mapping booklets to the public. ▪ BABSEA enhanced clinical legal education (CLE) programs to strengthen legal education reform and support marginalized communities. BABSEA facilitated the placement of 10 final year law students from Queensland University of Technology in Myanmar universities for 2 weeks to conduct legal English training with over 400 participants including law teachers and students. BABSEA placed 3 international clinicians in ABOVE: BABSEA staff with students residence, 1 in each university for 6 weeks in Taungoo and MLM, and University of Distance Education in Yangon. Three International Mentors were assigned to teach strategic planning, grant writing, and provide English language and CLE development support. BABSEA organized mock trial workshops, a CLE summer school event, interviewing and counseling skill workshops, a CLE mock trial curriculum development workshop, and an ethical practice of client centered lawyering workshop for 423 participants (95 men and 328 females). ▪ Ratana Metta Organization (RMO) provided legal aid to 50 clients and established a community support group (CSG) with 30 members in Hlaing Tharyar Township. The CSG
FINAL REPORT (OCTOBER 1, 2013 – SEPTEMBER 30, 2018) | 40 strengthened legal literacy, improved access to justice, and increased legal awareness of children and women. RMO conducted 13 events for 203 youth (74 men and 129 women) on legal, child, and human rights, health knowledge, special marriage law, drug law, and anti- trafficking in person law. Legal and human rights awareness trainings were conducted for CSG members to promote their knowledge and capacities. ▪ U Kyaw Myint Law Firm (UKMLF) founded the Yangon Justice Center to provide free legal services, including representation, counseling and advice, and mediation for poor and vulnerable populations in Hlaing Tharyar Township. UKMLF provided representation in 380 criminal cases for 439 beneficiaries, legal advice for 345 persons, ABOVE: UKMLF case management training and negotiated 16 cases for 37 people. They provided community-based paralegal training for 62 people and capacity building trainings for junior lawyers and paralegals. In a follow-on grant, UKMLF provided representation in 354 cases, legal advice in 614 cases, and mediation/counselling services for 12 people in 6 cases. They organized 6 legal awareness events for 115 family members of clients (32 male and 83 female), 6 community-based paralegal training programs for 139 people (72 male and 67 female), capacity building training for 31 junior lawyers and paralegals (12 male and 19 female), and case management training for 20 people (8 male and 12 female). ▪ MLM Justice Center (MJC) focused on community outreach, raising legal awareness, and building community capacity to support access to justice. MJC organized 6 community awareness raising meetings in MLM, Thaton, Kyaikmaraw, Mudon, Paung, and Chaung Zone townships on issues such as GBV, land law, rights upon arrest, child rights, rights and obligations when borrowing money, and human trafficking for a total of 527 participants (269 male and 258 female). They developed and distributed informational materials on these issues, including 900 posters and 9,000 pamphlets. MJC completed a follow-on grant that organized 14 community legal awareness meetings in MLM, Thaton, Kyaikmaraw, Mudon, Paung, Chaung Zone, Thanbyuzayat, and Billin townships on issues including human trafficking, traffic law, land law, drug law, rights upon arrest, GBV, gambling law, borrowing money, and child protection, which reached 1,473 people (809 men and 664 women). They provided court representation in 80 cases and distributed 2,100 legal awareness promotional posters, as well as 21,000 pamphlets, 2,818 exercise books, 1,217 key chains, and 1,268 T-shirts. ▪ Independent Mon News Agency (IMNA) trained 33 citizen journalists (23 male and 10 female) and 13 investigative journalists (8 male and 5 female) from MLM, Mudon, and Ye townships. IMNA produced 43 investigative media reports, 70 citizen journalists’ media reports, and 7 in-depth investigative reports. They distributed 1,000 copies of a report on the
PROMOTING THE RULE OF LAW PROJECT (PRLP) | 41 rule of law and another on accountability and transparency to citizens in focus regions. IMNA organized 3 advocacy meetings with Mon State government officials, and 5 meetings with community leaders to seek recommendations about promoting the rule of law, transparency and accountability, and building community engagement. National Justice Sector Policy Research nd and Advocacy Initiatives – 2 Round of ABOVE: Journalist training by INMA Grants 2014 ▪ Justice for All (JFA) focused on research and service delivery in the Bago Region. They conducted a survey with 1,525 respondents, producing a report that highlighted strengths and weaknesses in the criminal justice sector. JFA provided representation in court for 120 cases. They produced 6 newsletters, distributing more than 1,000 copies of each, with information on legal news, the research findings, principles of law, and how to exercise legal rights. ▪ Myanmar Alliance for Transparency and Accountability (MATA) reviewed laws and regulations related to extractive industries with CSOs and affected communities. They conducted legal reviews workshops on environmental conservation law, mining law, and tax law in Kayah, Shan, and Karen states. MATA conducted 15 community awareness raising sessions and established 12 community feedback mechanisms in Hpa-an, Demoso, Ywangan, and Hopong, in Loikaw Township. MATA organized consultation meetings with policy makers including MPs from both the upper and lower house. Kayin State Initiative – 3rd Round of Grants in 2015 ▪ Thwee Community Development Network (TCDN) emphasized political rights, civil rights, economic and social rights, land rights and women rights with the Legal Awareness and Advocacy Initiatives Project. TCDN increased legal awareness and knowledge through trainings, cluster workshops, and rule of law advocacy meetings organized in villages in Kawkareik Township, Kayin State. TCDN developed a baseline survey report and a project evaluation report. ▪ WON conducted village-level legal awareness trainings on human rights, women’s rights, and preventing GBV in Hpa-An, Haling Bwe, and Kyar Inn Seik Gyi townships. They provided a legal awareness TOT for 28 participants (2 men and 26 ABOVE: WON staff conducting a legal awareness training women). WON conducted village-
FINAL REPORT (OCTOBER 1, 2013 – SEPTEMBER 30, 2018) | 42 level legal awareness trainings on human rights and women’s rights with 13 sessions in Hpa An, 3 in Hlaing Bwe, and 4 in Kyar Inn Seik Gyi for 530 participants (142 men and 388 females). ▪ Myitta Lan (ML) provided legal aid services in 20 cases, including 4 court representations. Most cases were resolved at community levels based on customary and local laws. ML conducted 3 legal awareness trainings and 16 community legal awareness forums in Leik Tho and Pyasakan areas in Thandaung Township, and Paing Yan area in Hpa An Township, for 677 people (294 men and 383 females). ▪ Karen Women’s Empowerment Group (KWEG) strengthened local capacity and governance through legal awareness/literacy trainings, and campaigns and forums in the townships of Hlaingbwe, Hpa An, and Kawkareik. KWEG completed a legal system and human rights awareness capacity assessment survey with 120 respondents from 9 villages, and 3 special forums for 1,000 participants (450 men and 550 women) to discuss human rights, women rights, GBV, gambling issues, land law, and marriage law. KWEG conducted special events campaigns for 1,013 participants (450 men and 563 women) that included a film screening of The Sun, the Moon & the Truth highlighting land, drug, and gambling issues, and the drama show Youth Power. Panel discussions addressed women’s rights, child rights, and case reporting mechanisms. Additional Grants Awarded in 2015 ▪ International Development Law Organization (IDLO). PRLP supported personal and administrative costs of local staff for rule of law centers in Mandalay and Myitkyina. IDLO conducted rule of law training courses and continuing legal education/professional workshops for 323 justice sector professionals, CSOs, and community leaders. They provided public legal awareness activities for more than 1,500 community members through community forums, legal discussions, and mobile trainings. IDLO established 4 rule of law centers in Mandalay, Myitkyina, Taunggyi, and Yangon. ▪ Namati developed the National Paralegal Network, which conducted various workshops including a national paralegal design workshop, paralegal network launch, meeting with journalists, and fundraising workshops in Yangon. Namati conducted 20 regional workshops in 18 townships for 610 participants (338 men and 272 women) including MPs, government officials, CSOs, lawyers, paralegals, and political parties. Namati conducted 13 community paralegal trainings in 12 townships for 212 trainees (102 men and 110 women) including ABOVE: Namati workshop youth and community leaders.
PROMOTING THE RULE OF LAW PROJECT (PRLP) | 43 ▪ IBAHRI provided technical support to establish the independent ILAM. The grant focused on 3 major activities: 1. Establishing the ILAM secretariat 2. Opening pilot legal libraries 3. Delivering CLE The grant helped ILAM establish a 3-person secretariat team; open 3 legal libraries in Monywa, Pathein, and Yangon; and conduct 2 membership events in Yangon and Taunggyi. ILAM ABOVE: IBAHRI opening a legal library conducted executive committee meetings in Mawlamyine, Loikaw, Monywa, and Nay Pyi Taw and completed CLE workshops in Daweii and Pathein. As part of these workshops, ILAM disseminated and utilized the PRLP Legal Aid Toolkit focusing on case analysis, the IFRAC (issues, facts, rules, analysis, conclusion) method, elements of various causes of action, how to structure pleadings, and court procedures. Legal Aid Grants – Awarded in 2017 ▪ Myitmakha News Agency (MNA) handled 70 legal representation cases in Lashio and Nawnghkio townships in Northern Shan State focusing on land seizure, drug trafficking, human trafficking, and related human rights violations. MNA provided legal advice to 14 people dealing with GBV, land dispute issues, and drugs through 2 legal aid centers. MNA published a report highlighting their success with stakeholders at township and district levels and presented their achievements to the Pyithu Hluttaw. ▪ Sagaing Regional Youth Network (SRYN) represented 30 clients and organized 10 legal awareness sessions that focused on the Prevention and Protection of Women Against Violence Law, and the Child ABOVE: Legal aid clients Protection and Abuse Law and the Convention on the Rights of the Child. They provided legal advice, counseling, and consultation services to 121 clients, and worked to increase legal literacy, access to justice, and the participation of marginalized populations in the justice sector. Support focused on victims of child rape, providing pre-trial and witness preparation, and transportation
FINAL REPORT (OCTOBER 1, 2013 – SEPTEMBER 30, 2018) | 44 assistance to court. Their legal awareness activities reached 1,570 people (646 men and 924 women) from schools and villages, provided 80 billboards to raise awareness of rape, and included the distribution of 200 booklets in Yinmarpin, Salingyi, Ayadaw, and Monywar townships. ▪ Myanmar Justice Association (MJA) worked to raise awareness on the criminal justice system and empower people to access their rights. MJA conducted 6 legal awareness workshops for 179 people (31 men and 148 women) on gender, human rights, rule of law, child rights, and CEDAW in local townships in the Mandalay Region. MJA provided legal advice to 24 clients and represented 75 marginalized persons in 7 townships. At the end of the grant, MJA organized a project review meeting and presented their achievements and challenges to partner CSOs, lawyers, and the media. They distributed an updated booklet on Myanmar’s penal code to improve legal literacy. ▪ Social Care Volunteer Group (SCVG) represented 23 rape victims including supporting litigation costs. They raised awareness of child protection issues, and improved access to justice for children. With the support of 21 trained paralegals, SCVG conducted 20 legal education sessions for 1006 people (460 males and 546 women). They utilized paralegal network meetings to increase legal knowledge and awareness of children’s rights. SCVG conducted visits to the pilot court supported by PRLP in Magway ABOVE: SCVG raising awareness among children Township. ▪ Green Peasant Institute (GPI) improved access to justice services by identifying weaknesses in land laws, advocating for law reform with the Hluttaw Farmers’ Affairs Inquiry Committee, and raising legal awareness through trained paralegals. They established a legal aid center in Pathein with 11 trained paralegals who provided legal consultations on land rights and land ownership issues to 406 farmers (352 males and 54 women) in the Ayeyarwaddy Region with a special focus on the Chaung Thar and Ngwe Thaung Yan areas. GPI organized a policy advocacy training for staff and a community legal awareness workshop for 69 people (49 males and 20 women) in Chaung Thar. ▪ Jeepyah Civil Society Development Organization (JCSDO) offered a comprehensive, local response to the access to justice needs of marginalized women and girls in 7 townships of Mon Sate. JCSDO represented 20 ABOVE: JCSDO case work report in English clients and provided legal advice and
PROMOTING THE RULE OF LAW PROJECT (PRLP) | 45 counseling services to 125 people. Their safe house provided shelter for 35 women. JCSDO organized a consultation meeting for 24 village women in Kyaikmayaw Township; 4 legal awareness sessions in Mudon, Thanbyuzayut, Ye, and Kyaikmayaw townships for 110 people (13 males and 97 women); and 2 paralegal workshops in Mawlamyine for 45 people (4 males and 41 women). JCSDO published a report on their case work in 3 languages (English, Myanmar, and Mon) and distributed 300 copies to various stakeholders. ▪ Phoenix Association represented 8 clients in sexual and GBV (SGBV) cases, and supported 12 victims including travel, documentation fees, and allowances. Phoenix provided legal advice to 500 people through 50 community legal aid mobilizers who provide legal aid referrals, prepare legal documents, and conducts community legal literacy workshops. Phoenix conducted 3 coordination meetings with anti-trafficking police, the Township Administrative Department, and partner organizations (2 in Mandalay and 1 in Yangon). They prepared and distributed 1000 booklets with contact information for the police, hospital, and public service institutions in Hlaing Thar Yar and Mandalay. ▪ Mahawthadha Legal Aid Association (MLAA) worked to increase legal literacy and access to justice in the Ayeyarwaddy Division, providing legal advice and mediation support in 25 cases, and legal representation in 16 court cases including land cases, criminal cases, and appeals. MLAA improved legal literacy by installing 54 vinyl banners at 13 townships in Pathein, Hinthada, and Maubin Districts.
▪ Legal Clinic Myanmar (LCM) ABOVE: MLAA staff increased access to justice for women, children, and disadvantaged people in 7 townships in the Ayeyarwaddy Division and 2 townships in Kachin State. LCM provided legal representation on 50 cases, counseling and mediation services on 221 cases, legal advice through their telephone hotline to 230 people, and social support to 20 survivors of SGBV. LCM conducted 9 roundtable discussions in Yaykyi, Pyapon, Kangyidaunt, Pathein, Dedaye, Kyeiklatt, Kyaungkone, Myitkyina, and Winemaw townships for 272 participants (194 males and 78 women). LCM organized 36 access to justice group meetings with 361 participants (183 males and 178 women), and a strategic planning workshop with 54 participants (16 male and 38 women). ▪ Genuine People’s Servants (GPS) provided legal advice, assistance, and representation for marginalized people and human trafficking victims in Sagaing Region (Salingyi Township), Yangon Region (Hlaing Tharyar Township), and Mon State (Bilin Township). GPS handled 90 legal representations cases, provided legal assistance in 100 procedures, provided legal advice to 180 people, and submitted 20 complaint letters utilizing 10 paralegals. GPS improved their capacity and internal controls by organizing 4 quarterly staff meetings, 1 organizational development workshop, 1 paralegal training, and 10 monitoring trips.
FINAL REPORT (OCTOBER 1, 2013 – SEPTEMBER 30, 2018) | 46 ▪ Humanity Institute (HI) developed their project with the collaboration of the Kachin Lawyers Group and Shingnip Kachin Legal Aid Network to support victims of human rights violations. HI provided legal representation in 20 cases, and legal advice to 100 people. They increased public awareness of legal rights and legal aid services through distribution of 1,000 legal aid pamphlets in local languages. ▪ Second Tap Root Organization (STRO) worked to improve access to justice for poor children, supporting 50 children and their families through the legal process. Focusing on children age 11 to 18, STRO conducted a research survey with 220 children from the juvenile training center at Aung Myay Tharzan Township in Mandalay that resulted in a report on the situation for children and the rule of law. They distributed 500 copies of the report. To raise awareness, STRO distributed 460 t-shirts with rule of law messages. They conducted a paralegal training for 42 participants (20 males and 22 women) and a media ABOVE: STRO staff interviewing youth advocacy meeting with 58 representatives (29 males and 39 women) of CSOs, hluttaw, lawyers, and paralegals. ▪ Integrated Development Executive Association (IDEA) worked in Nawnghkio and Taunggyi townships in Shan State to form 4 legal watch groups utilizing extended community consultations, engagement on local legal issues, and stakeholder coordination. IDEA improved access to justice for marginalized people in Shan State by addressing the lack of legal literacy, land confiscation issues, weakened justice systems, and scarce financial resources to pursue legal recourse. IDEA provided legal representation in 20 cases, conducted 12 legal consultations, and supported 10 survivors. They organized consultation meetings with legal watch groups and local CSOs to share successes and challenges resulting in problem solving and future coordination. At the end of the grant, IDEA shared their achievements and experiences through a review workshop to 72 participants (38 males and 34 women) from partner CSOs and government personnel.
PROMOTING THE RULE OF LAW PROJECT (PRLP) | 47 Trafficking in Person Grants – Awarded in 2017 ▪ TCDN worked to prevent human trafficking through protection services, awareness trainings, legal and human rights awareness raising activities, counseling, and a safe house. TCDN conducted 6 legal and anti-human trafficking trainings in Myawaddy for 205 participants (95 males and 110 women). They ABOVE: TCDN training conducted a capacity building training in Myawaddy for 6 staff members (4 males and 2 women), an organizational development training in Kawkareik for 16 participants (11 males and 21 women), and 2 case analysis workshops in Myawaddy for 45 participants (24 males and 21 women) people. TCDN organized a human trafficking day campaign in Myawaddy with 240 attendees (97 males and 143 women). With the participation and coordination of anti- trafficking working groups from Thailand, the International Organization for Migration (IOM), the Migration Development Center (MDC), the Foundation of Education Development Center (FED), the Child Care Foundation (CCF), and government departments. TCDN conducted an advocacy meeting in Myawaddy Township with 130 participants (53 males and 77 women). ▪ Mawk Kon Local Development Organization (MKLDO) provided services for children, youth, and women in the Kengtung and Tachileik township areas of Eastern Shan State. They conducted 3 TIP TOTs for 83 participants (42 males and 41 women), 2 trafficking and migration issues exploration workshops for 62 participants (24 males and 38 women), and 3 township multi-stakeholder workshops for 96 participants (67 males and 29 women) from Kengtung and Tachileik townships. MKLDO ABOVE: MKLDO event organized a Human Trafficking Day Campaign in Kengtung Township for 373 participants (138 males and 235 women) including the deputy state general administrator, state deputy people’s police force, state anti- trafficking task force commander, political parties, MPs, state and district level officers, and CSOs. MKLDO conducted 28 TIP awareness raising sessions in 18 villages in Kengtung Township and 10 villages in Tachileik Township with a total participation of 1,242 (429
FINAL REPORT (OCTOBER 1, 2013 – SEPTEMBER 30, 2018) | 48 males and 813 women). MKLDO produced awareness raising materials including 400 vinyl posters, 1095 pamphlets, 400 hats, 350 t-shirts, 350 bags, and 400 planners, distributed at training programs and awareness events. ▪ GPS promoted awareness about human rights, TIP, and legal mechanisms for internally displaced persons (IDP) in armed conflict areas in Kutkai and Lashio townships. GPS trained 20 local dialect TIP trainers (5 males and 15 women) who then conducted 18 awareness raising events in Gonegyan, Zutaung, Mine Yu Lay, and KBC IDP camps in Kutkai Township; Khan Taing, Kaung Lauk Sauk, and Kaung Kaw IDP camps in Hseni Township; Monesee IDP Camp in Muse, and Nay Win Ni IDP Camp in Namhkam Township in Northern Shan State for 540 participants (149 males and 391 women). GPS provided legal representation for 10 TIP cases, including 3 from Lashio and 7 from Muse townships. ▪ Htoi (Win Let) Gender and Development Foundation (Htoi) focused on gender issues in the Kachin community and provided protection and survivor assistance through peer group meetings and psycho-social support. Htoi conducted TIP awareness and TOT training, distributed awareness materials, and provided legal ABOVE: Htoi at Human Trafficking and Migrant Day support. During the grant, Htoi provided legal representation in 10 cases, and legal advice for an additional 10 persons. Their TIP TOT included 21 participants (6 males and 15 women) from partner organizations and churches. They organized a Human Trafficking and Migrant Day in Myitkyina for 576 attendees (94 males and 482 women) representing 7 IDP camps, 21 CSOs and NGOs, community leaders, and government personnel. Htoi conducted 8 trafficking awareness sessions in Momauk, Bhamo, Mansi, and Waingmaw in Myitkyina townships.
PROMOTING THE RULE OF LAW PROJECT (PRLP) | 49 ▪ Karuna Mission Social Solidarity (KMSS) promoted safe labor migration in Shwe Bo, Aunglan and Kengtung townships. They organized 6 coordination meetings at 3 project locations for CSOs and government agencies. KMSS conducted 3 community leaders mainstreaming courses in Kengtung, Aunglan, and Shwe Bo townships for 90 participants (61 males and 29 women). They conducted 50 community awareness raising events with 1,455 participants (574 males and 884 women), and 146 community working groups sessions in 25 villages with 1,305 participants (653 males and 652 women). They observed Myanmar Anti- ABOVE: KMSS awareness event Human Trafficking Day with 130 attendees (76 males and 54 women) in Shwe Bo Township, and 133 (92 males and 41 women) in Aunglan Township. KMSS produced awareness raising materials including 4,000 pamphlets, 4,000 writing pens, 175 t-shirts, 195 bags, and 175 notebooks, distributed at various training and awareness events.
FINAL REPORT (OCTOBER 1, 2013 – SEPTEMBER 30, 2018) | 50
METHODS OF WORK USED
PRLP success is founded in a participatory approach with counterparts including crucial relationship building at all levels. Building relationships in a development context is always difficult, but acutely so in Myanmar given its history and culture. PRLP personnel worked closely to establish strong contacts at the OSCU, UAGO, and the ULAB. Once these relationships began to take shape, PRLP remained in regular contact and listened carefully to the needs of these institutions rather than trying to dictate reforms. Over the life of the project, PRLP worked to ensure that partners took ownership of the reforms and would be able to move forward in a productive way beyond the life of the project. For example, PRLP worked with the OSCU in 2014 to develop the first 3-year JSP, providing significant input, and shepherding the process through to finality. Three years later when the OSCU decided to develop a 5-year plan, they were much more prepared to lead the process, given PRLP facilitated capacity strengthening. The OSCU organized a committee that included PRLP personnel under OSCU leadership. The OSCU worked diligently to develop and finalize the 5-year JSP in a timely manner. Throughout PRLP implementation, this strategic planning process moved from one of heavy reliance by the OSCU, to them taking ownership and using technical expertise as needed. Likewise, the OSCU and the UAGO organized coordination committees to manage implementation of the pilot courts and pilot law offices. With support from PRLP and regular capacity building and mentoring, these committees ensured that new procedures were implemented and revised as necessary to meet institutional needs. PRLP ensured sustainability of training efforts by conducting TOTs and providing co-training opportunities. Two strong examples are the customer service and media training programs, replicated throughout the country by OSCU personnel to reach hundreds of court staff. Similarly, with the NCMP, PRLP worked with the OSCU to build a cadre of trainers, produce a user and trainer’s manual and a training video, which the OSCU utilized to expand the CMP to 18 additional courts with plans to reach all courts over the next 5 years. US study tours served to encourage reforms amongst a wide range of Myanmar justice sector leaders, providing opportunities to strengthen relationships and collaboration with one another. These programs were furthered in-country with the Judging in a Democratic Society Training, led by the CEELI Institute that has strong global experience in justice sector reforms. The panel of trainers included a Croatian judge who offered perspectives for transitioning to democratic norms. This input was particularly appreciated by Myanmar judges. Through the grants program, PRLP worked to build financial, technical, and operational skills to ensure activity sustainability. PRLP personnel made regular visits to grantee offices to review both financial and technical progress and offer mentoring. PRLP provided a series of training
PROMOTING THE RULE OF LAW PROJECT (PRLP) | 51 programs to build skills that would allow CSOs to perform more effectively and access funding sources for future activities. A results workshop allowed CSOs to discuss successes and challenges and determine future priorities. The development of A2JI served to multiply CSO advocacy and awareness raising capacity by building a strong network of organizations with influence over leaders, and close community ties. PRLP produced three final project videos to highlight the work of the courts, grantees, and the overall PRLP success and these are included in the accompanying CD-ROM to this report.
FINAL REPORT (OCTOBER 1, 2013 – SEPTEMBER 30, 2018) | 52
RECOMMENDATIONS FOR
UNFINISHED & ONGOING
ACTIVITIES
Continuity is a significant challenge for the follow-on project, with the aim to further expand the NCMP and build a UAGO pilot law office program. PRLP developed a strong relationship with the ULAB, but it remains new and fragile. It will be important to continue to engage closely with ULAB members and advise them on implementing their mandate. The regular rotation of judges hampered implementation of the pilot court program, requiring additional training for new judges and a loss of time for them to get up to speed. Once the entire country utilizes this system (possibly in five years) the impact will be less noticeable. We recommend engaging with the OSCU to retain judges in positions for longer periods of time. The ACMS system is developed, tested, and installed on a server at the OSCU. It is essential to now train judges and court personnel throughout the country and roll out the system, which will improve efficiency and offer significant and more reliable data. The internet infrastructure in Myanmar remains inconsistent and presents a future challenge to the full and timely implementation of the ACMS. Timely attention to internet access is needed in certain areas of Myanmar. PRLP recommends utilizing visiting and retired judges to address case backlogs. These judges could sit for a few days each month or for specified periods on a “rocket docket” to address older cases and move them through the system. This would free up time for local judges to hear more current cases and maintain compliance with time standards. PRLP recommends expanding the pilot law office program to other district law offices. Township offices handle more minor offenses and have junior lawyers, so a focus on district level offices and courts would offer more benefits until procedures are rolled out nationwide. Automation services developed should be expanded to other pilot law offices and eventually throughout the country to provide real time data to improve efficiency and ensure better prosecution systems. To implement procedural reforms in victim and witness pretrial preparation, victim and witness engagement, and enhanced law officer and police collaboration, protocols between pilot law offices and local police authorities need developed. In addition, the pilot law offices are advised to consider creating a victim/witness coordinator position to support outreach efforts. US federal judges are not always the most appropriate example to offer in Myanmar. They are difficult to schedule given their workload and obligations as well. State judges perform more of the practical work and face similar challenges and offer a more workable perspective for Myanmar judges.
PROMOTING THE RULE OF LAW PROJECT (PRLP) | 53 PRLP recommends that future study tours be more focused. The two conducted during PRLP were a great foundation, and now the focus should be on specific topics with targeted groups. Participants should be leaders who will implement learnings. Given the success of the Judging in a Democratic Society Program, we recommend additional training programs with the CEELI Institute. Their corruption prevention training would be a good next step. For grantees, we recommend an organizational assessment to provide baselines scores and identify strengths and weaknesses at the beginning of the grant and at regular intervals. The baseline can serve to monitor and review skills to gauge improvements and the impact of training and mentoring. It can identify areas where capacity building is needed and allow the follow-on project to target those needs. It is critical for A2JI to take more ownership of network management, to become officially registered, and to diversify their funding sources. While all grants have ended, there is an ongoing need for legal aid services for pending cases. Several cases were not finalized before the end of the grants and the need for legal aid services in general remains high. In most cases, grants provided a flat fee per case, so lawyers retained should finish cases. With the project ended, it will be difficult to monitor this. Going forward, PRLP recommends that grantees be required to have lawyers on staff to handle cases as opposed to outsourcing legal work.
FINAL REPORT (OCTOBER 1, 2013 – SEPTEMBER 30, 2018) | 54
PROMOTING THE RULE OF LAW PROJECT (PRLP) | 55
ANNEX A
GRANTEE TRAINING, LEGAL
SERVICES & AWARENESS RESULTS
Legal Aid Services Provided by Grantees
Mediations , Safe house , 82 91 Referrals , 479
Free legal Legal representati advices, ons , 1984 3391
FINAL REPORT (OCTOBER 1, 2013 – SEPTEMBER 30, 2018) | 56
Legal Awareness Materials and Outreach by Grantees News stories published on lines media 124 Manuals / booklets 315 Direct outreach contact to citizens 984 Mon State rule of law report 2,000 Legal service mapping 4,450 Newsletters 6,000 Other information education and communication materials 9.380 Pamphlets 34,067 TOTAL 57,320
PROMOTING THE RULE OF LAW PROJECT (PRLP) | 57
ANNEX B
TRAINING/WORKSHOPS PROVIDED
BY PRLP
FINAL REPORT (OCTOBER 1, 2013 – SEPTEMBER 30, 2018) | 58
ANNEX C
PRLP PERFORMANCE INDICATORS
Performance Indicators – Targets and Achievements Indicators Type of Indicators Target Achieved Proportion of court users satisfied with their Outcome 60.3% 67.8% experience in court Number of individuals receiving USG training Output 22,246 32,620 to increase access to justice
Public perception of gender equality in Outcome 51.3% 73.2% criminal or civil trials Proportion of observed trials in compliance Outcome 72.7% - with fair trial standards Number of strategic plans, procedures, and Output 11 12 policies for justice sector reform amended/adopted with project assistance
Proportion of trained prosecutors applying Outcome 50% - modern investigation and case management methods Number of USG-assisted courts with Outcome 15 26 improved case management systems Mean case disposition time (civil cases; Outcome 155.8 days; 150 days; criminal cases) 78.5 days 68.2 days
Number of CSOs engaging in public policy Outcome 12 20 dialogue and advocacy because of USG assistance Public perception of justice sector fairness and Outcome 2.4 2.96 accessibility
Public awareness of trafficking in persons Outcome 2.7 2.8
Number of individuals from low income or Outcome 5,336 6,027 marginalized groups who received legal aid/victim’s assistance with USG support
Knowledge of key rights and how to access Outcome 2.9 2.9 justice
PROMOTING THE RULE OF LAW PROJECT (PRLP) | 59 Average change in CSO grantee capacity Impact 86% 86% following PRLP assistance
Performance Indicators – Targets and Achievements Indicator Targets vs. Achievements Notes
67.8% 60.3% Court user survey in 3 initial pilot courts Proportion of court users satisfied conducted in July 2018 was compared with their experience in court with baseline, showing court user 0.0% 20.0% 40.0% 60.0% 80.0% satisfaction rate exceeding the target. Achievement Target
32,620 Altogether 32,620 individuals (19,127 22,246 women and 13,934 men) received Number of individuals receiving USG trainings from the project. PRLP training to increase access to justice conducted 247 trainings, and grantees 0 10,000 20,000 30,000 40,000 did 681. The total number exceeds the Achievement Target target.
73.2% Baseline household mini-surveys were 51.3% conducted in Feb 2017. The endline Public perception of gender equality survey was in May 2018. The target is 5 in criminal or civil trials 0.0% 20.0% 40.0% 60.0% 80.0% percent over baseline, and the actual achievement exceeds the target. Achievement Target
A baseline court trial monitoring survey Achievement was in October to November 2017. As the project closed out in September 2018 Proportion of observed trials meeting and doing the survey again in July to selected fair trial standards Target 72.7% August 2018 was too early to see the impact, a second survey was not 0.0% 25.0%50.0%75.0%100.0% conducted.
FINAL REPORT (OCTOBER 1, 2013 – SEPTEMBER 30, 2018) | 60 Judicial 3-Year Strategic Plan Judicial National Case Management Plan Pilot court case tracking procedures and database Unified judiciary budget process and database 12 OSCU Public Information Office one Number of strategic plans, 11 Year Action Plan procedures, and policies for justice Pilot court manual/best practices, sector reform amended or adopted Model courthouse design and building with project assistance 0 1 2 3 4 5 6 7 8 9 10 11 12 13 guideline Achievement Target Judicial Strategic Plan (2018-2022) ACMS database Judicial National Case Management Plan Manual Judicial National Case Management Plan Trainer Guide Manual Media handbook
The project was able to implement a Proportion of trained prosecutors series of prosecutor trainings in recent applying modern investigation and months. It is too early for the project to case management methods measure the appliance of the methods they learned from the trainings.
26 15 In addition to the current 8 pilot courts, Number of USG-assisted courts with the OSCU selected 18 news courts to improved case management systems 0 4 8 12 16 20 24 28 implement NCMP.
Achievement Target
68.2 Criminal case 78.5 Closed case survey data from 3 initial pilot courts was collected in July 2018 to Civil Case 150.0 compare with the baseline. The mean Mean case disposition time (in days) 155.8 cases disposition time of both civil and 0 50 100 150 200 criminal cases reduced more than the targets. Achievement Target
20 The total number included 14 A2JI Number of CSOs engaging in public 12 members plus 6 CSOs, namely IDEA, policy dialogue and advocacy because TCDN, CEDAW Alliance, MKLDO, of USG assistance 0 5 10 15 20 25 LCM, and KMSS. Achievement Target
PROMOTING THE RULE OF LAW PROJECT (PRLP) | 61 2.96 Baseline household mini-surveys were 2.4 conducted in Feb 2017. The target was 5 Public perceptions of justice sector percent over the baseline. The endline fairness and accessibility 0 1 2 3 4 survey was in May 2018. The results are shown by 0-4 scale and meet the target. Achievement Target
2.8 Baseline Household Mini-Surveys were 2.7 conducted in Feb 2017. The target was 5 Public awareness of TIP percent over baseline. The endline 2.0 2.2 2.4 2.6 2.8 3.0 survey was in May 2018. The results are shown by 0-4 scale and meet the target. Achievement Target
6,027 PRLP provided 41 grants to 34 different Number of individuals from 5,336 organizations that provided legal marginalized groups who received assistance to 6,027 people (3,205 men legal aid or victim’s assistance with and 2,822 women) through August 2018. USG support 0 2,000 4,000 6,000 8,000 The project provided legal assistance Achievement Target more than the target.
2.9 Baseline household mini-surveys were 2.9 conducted in Feb 2017. The target was 5 Knowledge of key rights and how to percent over baseline. The endline access justice survey was in May 2018. The results are 0 1 2 3 4 shown by 0-4 scale and meet the target. Achievement Target
85% Baseline capacity index scores were 86% taken in April 2017 at the start of grant Average change in CSO grantee program, and endline in August 2018 capacity following PRLP assistance 0% 25% 50% 75% 100% after grant conclusion to compare with baseline. It fails to meet the target by 1 Achievement Target percent.
FINAL REPORT (OCTOBER 1, 2013 – SEPTEMBER 30, 2018) | 62
ANNEX D
MAP OF PRLP GRANTEES &
COUNTERPARTS
PROMOTING THE RULE OF LAW PROJECT (PRLP) | 63
1.
FINAL REPORT (OCTOBER 1, 2013 – SEPTEMBER 30, 2018) | 64
FINAL REPORT (OCTOBER 1, 2013 – SEPTEMBER 30, 2018) | 66