Promoting the Rule of Law Project

FINAL REPORT

(1 December 2014 – 30 April 2016)

Promoting the Rule of Law Project Grant Number: PRL-G-001-05

Implemented by: Bridges Across Borders South East Asia Community Legal Education Initiative (BABSEACLE)

Myanmar Address: No. 16, 1st Floor, Mahar Baw Ga Street, Sanchaung Township, Yangon, Myanmar (+95) 95154630 (+95) 9400301999

Thailand Address: 41/1 Soi 1 Sirorot Road, Suthep, Muang, Chiang Mai Thailand 50200 (+66) 53273980 www.babseacle.org

Contact Person: Bruce Lasky Email: [email protected]

Project Name: Promoting the Rule of Law Project Grantee Name: BABSEACLE Grant No.: PRL-G-001-05

Table of Contents

Program Description ...... 3 Area of Operations in Myanmar ...... 4 Accomplishments ...... 5 General Objectives ...... 5 Activities/Outputs Achieved ...... 5 Challenges and Barriers ...... 20 Fostering Strong and Clear Communication ...... 20 Lack of Myanmar-Language CLE Teaching Materials ...... 20 Law Department Scheduling, Time Management and Availability of Law Teachers ... 21 Unintended Consequences of Other Legal Education Strengthening Initiatives ...... 21 Systemic Challenges ...... 22 Findings ...... 25 University Information...... 26 Impact of CLE in Myanmar...... 26 Understanding and Support of CLE ...... 27 Recommendations for Sustainability ...... 29 Activities Report ...... 33 Meetings / Conferences/ Ceremonies ...... 33 Trainings / Workshops / Presentations ...... 35 Activity Photos and Participants’ Quotes ...... 39 Annexes ...... 41 Annex 1: Newspaper article on Inaugural National Myanmar CLE Mock Trial Training Event at YUDE ...... 41 Annex 2 - ICIR Newsletter Article in the BABSEACLE Quarterly Newsletter ...... 44 Annex 3: Taungoo University’s article on the 2nd Myanmar National CLE Summer School ...... 46 Annex 4: Mawlamyaing University’s article on Interviewing and Counselling Training ...... 47 Annex 5: International Clinician in Residence Placement Report ...... 48 Annex 6 – A reflective report written by the teacher who attended the GAJE/IJCLE 8th worldwide conference in partnership with the 13th IJCLE conference and training of trainers workshop in Turkey ...... 56 Annex 7: 2016 Myanmar University CLE Development Interim Survey ...... 66 Annex 8: Agenda/Handouts/Report of the workshops attended and organized during the grant period ...... 78

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Project Name: Promoting the Rule of Law Project Grantee Name: BABSEACLE Grant No.: PRL-G-001-05 Program Description

This grant activity supports BABSEACLE and its university partners (a project currently co-funded by UNDP, subsequently referred to as the Myanmar CLE Program) to expand and enhance the Clinical Legal Education (CLE) programs designed to strengthen legal education reform and have a positive impact on marginalized communities, specifically in PRLP’s targeted regions and also more broadly. These innovative justice education programs will provide a key focus for research that can influence national reform in the justice and human rights sectors. The current Myanmar CLE program uses an established model of best practices, but each university will also create a specific approach tailored to their own community. In the past months this project successfully employed a CLE Trainer who was trained by BABSEACLE staff and international partners, as part of the Myanmar CLE Program. The Trainer is now able to continue supporting CLE programs throughout Myanmar beyond the end of this funding cycle. More specifically, BABSEACLE placed volunteer CLE experts (International Clinicians in- Residence) into Myanmar for 4 weeks at 3 universities. These clinicians worked with 3 target universities and also provided the opportunity for other universities, justice officials and community members to maximize the advantages of having these experts in the regions.

The Myanmar CLE program is funded to assist 14 of the 18 universities that have Law Departments. However, this funding and support is limited and is not able to provide essential support to all of the universities and the regions they operate in. The PLRP grants is enabling much greater assistance to be given to the four areas listed in the proposal through providing further essential support to 3 specific Myanmar universities; Taungoo University in the North Bago region and Mawlamyaing University in the Mon State. Legal education programs are offered to the Hlaing Thayar Township by the University of Distance Education Yangon. This funding is ensuring their CLE programs receive much greater and needed support than the Myanmar CLE program is able to offer to them.

The target populations include: 1. Marginalized communities seeking access to justice. The potential benefit is great as community members learn about the law and legal process through clinical programs and are able to pass on that knowledge to family and friends. Current university partners have identified specific groups within their communities with which they would like to engage using CLE methodologies such as CLE Community Teaching to marginalized communities including women and children experiencing violence, engaging young people through schools and community groups to understand the laws and procedures to achieve a civil society. 2. University law departments through increasing the skill level of law teachers to engage and motivate their students to give back to their communities through clinical programs. The number of law teachers that are engaging in the Myanmar CLE program training is small, but as they become more skilled, they will teach their department colleagues. This has already occurred as a direct result of the CLE Summer Schools held in Taunggyi and Taungoo as part of the Myanmar CLE program. 3. Law graduates as they will complete their law degree with knowledge and practical skills of being an ethical and responsible lawyer who are prepared to contribute to providing access to justice for all the community. 4. The justice system more generally as stronger relationships are built between the Universities and civil society organizations and governmental ministry, which have already demonstrated a comprehensive understanding of an agreement with the goals and values of CLE programs. 5. Helping Myanmar legal education institutions become an active participant in international CLE networks, forming a national CLE network association that is closely linked to others in the region and globally which applies best CLE practices

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Project Name: Promoting the Rule of Law Project Grantee Name: BABSEACLE Grant No.: PRL-G-001-05 Area of Operations in Myanmar

Dagon University Dawei University East Yangon University Magway University Mandalay University Mandalay University of Distance Education Mawlamyaing University* Monywa University Myitkyina University Pathein University Pinlong University Pyay University Sittwe University Taunggyi University Taungoo University* Yadanabon University Yangon University Yangon University of Distance Education*

*Activities related to these universities are supported in part under this grant

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Project Name: Promoting the Rule of Law Project Grantee Name: BABSEACLE Grant No.: PRL-G-001-05 Accomplishments

The following information shows the accomplishments achieved throughout the whole project.

General Objectives The university law departments in the designated regions were successfully assisted in the development of high quality Clinical Legal Education (CLE) programs. The USAID-PRLP funds has enabled the strengthening of each of the following goals:

Goal 1. To provide greater access to justice for marginalized communities with particular reference to women and children through the delivery of legal assistance. Goal 2. To develop ethical and responsible law graduates who will be directly participating in a legal system that upholds and strengthens the Rule of Law. Each university partner will participate in Legal Ethics training and how to incorporate legal ethics into their curriculum. Goal 3. To build capacity and strengthen relationships between the law departments, community service organizations and the justice sector through collaborative activities and workshops. This will occur through involvement of CSOs and justice sector workers being invited to participate in clinical workshops that address the development of CLE Externship Clinics or CLE Community Teaching Clinics. Goal 4. To offer assistance and support to these universities through regular CLE workshops run by BABSEACLE, its international partners and international clinicians who offer their time and skills pro bono. Goal 5. To build the capacity of teachers in all 18 law departments in Universities in Myanmar to develop CLE programs. As the current Myanmar CLE program can only fund a proportion of these law departments, the PRLP funding will substantially increase this goal becoming a reality. Goal 6. To assist each law department to develop CLE curriculum both by the inclusion of CLE interactive teaching methodologies into all law subjects and to set up CLE subjects that offer legal assistance to the community. This can involve different clinical models, including CLE Mock Trials, CLE Externships, CLE Community Teaching and CLE In-House Consultation clinics. By incorporating these subjects into the curriculum, the knowledge and skills of law students will be substantially higher than is currently the case.

Activities/Outputs Achieved

Activities/Outputs Achieved During the Project Period December 2014 Related goal – April 2016 (s) Activity 1: BABSEACLE and the local Program Management Team (PMT) will select and train a local Myanmar person as an Assistant CLE Trainer. Goal 1

Activity 1 Outputs: A local Myanmar law graduate was hired as an Assistant CLE Goal 2 Trainer to join the team. Immediately, after starting as the assistant CLE Trainer attended all the CLE trainings that were held under this project. In addition, the Goal 3 Assistant CLE Trainer attended other relevant justice sector trainings and workshops strengthening their understanding of the variety of ways CLE Goal 4 programmes can be developed in the University Law Departments in Myanmar.

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Project Name: Promoting the Rule of Law Project Grantee Name: BABSEACLE Grant No.: PRL-G-001-05 Activities/Outputs Achieved During the Project Period December 2014 Related goal – April 2016 (s) Goal 5 The following is a list of outputs per quarter: Goal 6 December 2014 – February 2015 • Assistant CLE Trainer, Hsar Moo Paw, a Myanmar law graduate was hired as a Legal Trainer in February 2015 • Assistant CLE Trainer, Hsar Moo Paw, received in-depth training by BABSEACLE staff members on how to conduct trainings; she attended all workshops and trainings organized or supported by BABSEACLE under this project.

March – May 2015 • Assistant CLE Trainer, Hsar Moo Paw, attended the 2nd National Myanmar CLE Summer School as a support CLE Legal Trainer (and participant during relevant sessions), to increase her knowledge of how trainings are conducted and increase her ability to conduct trainings in the future.

June – August 2015 • Assistant CLE Trainer, Hsar Moo Paw, attended CLE trainings at Mawlamyaing University (Interviewing & Counselling CLE Skills Workshop) and Taungoo University (ICIR Workshops), building up a deep understanding of the variety of ways CLE programs can be developed in the University Law Departments in Myanmar. • Assistant CLE Trainer, Hsar Moo Paw, assisted the University CLE programs with their strategic plans. • Assistant CLE Trainer, Hsar Moo Paw, attended a meeting to improve the collaboration between Mawlamyaing University (MLU) and Mawlamyaing Justice Center (MJC)

September – November 2015 • Assistant CLE Trainer, Hsar Moo Paw, worked with the University CLE programs reviewing university monthly reports and mentored the development of CLE methodology and pedagogy. • Assistant CLE Trainer, Hsar Moo Paw, conducted individual university CLE training workshops. • Assistant CLE Trainer, Hsar Moo Paw, participated in a training with the Ministry of Education on Clinical Legal Education activities.

December 2015 – February 2016 • Assistant CLE Trainer, Hsar Moo Paw, supported and provided technical advice to the Myanmar University CLE programs on new ways of strengthening CLE models. • Assistant CLE Trainer, Hsar Moo Paw, coordinated the training of 10 students from Queensland University of Technology (QUT) in Yangon at a workshop at YUDE on the CLE Mock Trial Curriculum Development. • Assistant CLE Trainer, Hsar Moo Paw, attended a Monitor & Evaluation training that was conducted by PRLP.

March – April 2016 • Assistant CLE Trainer, Hsar Moo Paw, attended an Advanced Case Analysis Training conducted by USAID. • Assistant CLE Trainer, Hsar Moo Paw, conducted the Myanmar University CLE Development Interim Survey.

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Project Name: Promoting the Rule of Law Project Grantee Name: BABSEACLE Grant No.: PRL-G-001-05 Activities/Outputs Achieved During the Project Period December 2014 Related goal – April 2016 (s)

Activity 2: 3-day CLE workshops were held in YUDE, Mawlamyaing University and Taungoo University. Goal 1

Activity 2 Outputs: YUDE, Mawlamyaing University and Taungoo University Goal 2 each organized and attended workshops (3 days) onsite with law teachers and teachers. Participants from community service organizations and/or the Goal 3 justice sector attended the trainings building the capacity of and strengthening relationships between these organizations. As well each Goal 4 training benefited from the experience of international experts trainers. Goal 5 The following is a list of outputs per quarter: Goal 6 Dec 2014 – Feb 2015 • 12-14 December 2014: Inaugural Lower Myanmar CLE Mock Trial Event Workshop, YUDE. Law Faculty teaching staff from each university in Lower Myanmar attended a two (2) day workshop to prepare them for the Inaugural Myanmar National CLE Mock Trial Event. International trainers from Herbert Smith Freehills and DLA Piper were supported by BABSEACLE staff and ICIRs in the trainings. Representatives from the Departments of Law of Mawlamyaing University, Taungoo University and YUDE attended the workshop. • 8-11 January 2015: 6 Law teachers from Mawlamyaing and Taungoo University joined the Access to Justice Weekend organized by BABSEACLE in Chiang Mai. Some examples of the topics taught during the workshop are: Legal Ethics, Professional Responsibility, Pro Bono and Access to Justice, Monitoring and Assessing CLE Programs. • 5-6 February 2015: Inaugural Myanmar National CLE Mock Trial Event Workshop, YUDE • 7-8 February 2015: Inaugural Myanmar National CLE Mock Trial Event, Dagon University. 50 University law students and 22 Law Teachers from each law department in Myanmar travelled to the event destination to collaborate with each other and form teams to undertake the CLE Mock Trial. The workshop focused on CLE mock trial and legal ethics and was led by DLA Piper lawyers from USA and UK. Articles on this event have been published in local Myanmar newspapers (Annex 1) • 3 day workshops were held in each of the three universities included in the grant: 3 day individual university trainings were held at Mawlamyaing University Department of Law on 12-14 September and Taungoo University Department of Law on 9-11 August. The 3 days focused on an introduction to CLE and 4 models of CLE (Externship, In-House Clinic, Community Teaching and CLE Mock Trial.) The trainings also included sessions on lesson planning and evaluations. • Training on writing a funding proposal and Micro grant proposals and 3 Year plans were worked on in collaboration with ICIRs (where available) and with BABSEACLE, PMT and mentor where there is no ICIR present.

March – May 2015 • 11-15 May 2015: The 2nd National Myanmar CLE Summer School was held at Taungoo University, with 60 participants in attendance. Three law teachers from Mawlamyaing University, fourteen law teachers from Taungoo University and two law teachers from YUDE joined the event. Sessions of the CLE Summer School included CLE Program proposals, Monitoring and Evaluation, Proposal

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Project Name: Promoting the Rule of Law Project Grantee Name: BABSEACLE Grant No.: PRL-G-001-05 Activities/Outputs Achieved During the Project Period December 2014 Related goal – April 2016 (s) Writing, Supervision and Mentoring, CLE Program Administrative Structures and Course Accreditation. BABSEACLE worked with Taungoo University to develop the agenda, provide support for funding and logistics and source international experts. Feedback from attendees of this event has been positive, and has indicated increased knowledge, skills and understanding of the importance of CLE teaching methodologies and programs. Taungoo University has written an article on this event (Annex 3)

June – August 2015 • 11-13 July 2015: Mawlamyaing University held an Interviewing and Counseling Skills Workshop. This workshop was attended by 35 participants, including law teachers and members of the justice sector and CSO. The sessions focused on Introduction on interviewing skill, listening skill, interview note taking skills and questioning skills with access to justice case scenarios. Mawlamyaing University has written an article on this workshop (Annex 4). • BABSEACLE and the PMT assisted Mawlamyaing University and Taungoo University developing agendas, providing workshop services, identifying international experts (Harrison Dickey and Ms. Thip Nouansyvong) and funding them to participate in several workshops, taking care of all the associated logistics.

September – November 2015 • During this quarter Taungoo University students participated in an externship program where they visited the courts to watch trials in order to gain experience and understanding about the court and the trial procedure. One lawyer and a prosecutor were there to assist the students, which shows relationships were established between the various levels of the legal community. • During this quarter BABSEACLE assisted YUDE in the management of their library system. BABSEACLE staff members held library trainings for the law department. This type of training has helped the law department to divide their books into categories, authors and edition numbers, and to develop a proper library system. The outcome of this training was extremely positive.

December 2015 – February 2016 • 19 December 2015: YUDE organized a Workshop on CLE Mock Trial Curriculum Development at the Sagawa Meeting Place in Yangon. The object of the workshop was to teach the participants how to develop a successful and instructive CLE Mock Trial and how to strengthen current curricula. BABSEACLE facilitated and financially supported the workshop • 2 February: Mawlamyaing University held a CLE Mock Trial Workshop. CLE Mock trial is a practical learning experience in which students simulate a local court trial of a minor civil dispute or criminal offence. The main objective of the workshop is to strengthen students’ legal, analytical and advocacy skills, increase students’ familiarity with CLE Mock Trial stages, and develop students understanding of legal ethics. • 9-10 February 2015: a workshop on Ethical Practice of Client Centered Lawyering was organized at the Mawlamyaing Justice Center, with 32 participants in attendance. The main goal of the workshop was to explore the concept of client-centered lawyering as a means of ensuring access to justice. The workshop was also really good networking opportunity to further strengthen the relationships between different actors of the legal system, and

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Project Name: Promoting the Rule of Law Project Grantee Name: BABSEACLE Grant No.: PRL-G-001-05 Activities/Outputs Achieved During the Project Period December 2014 Related goal – April 2016 (s) to improve the in-house clinics’ services. BABSEACLE sort additional finances and facilitated the workshop with technical support. • BABSEACLE facilitated the placement of 10 final year law students from Queensland University of Technology (QUT) in Mawlamyaing University (5 students) and Taungoo University (5 students) during January-February 2016. They firstly spent one week in Yangon where they participated in trainings and cultural activities and then they were placed for two weeks in the two universities, and held CLE English trainings with over 400 hundred participants including law teachers and law students.

March – April 2016 • Taungoo University, Mawlamyaing University and YUDE kept on planning CLE methodologies related trainings and workshops for the next months.

Activity 3: The workshops will address how to set up and maintain the most appropriate CLE programs for that region Goal 1

Activity 3 Outputs: YUDE, Taungoo University and Mawlamyaing University Goal 2 collaborated and held assessments and evaluations in their area to develop CLE programs suitable for their region. Goal 3

The following is a list of outputs per quarter: Goal 4

December 2014 – February 2015 Goal 5 • All trainings held and attended by the university partners included sessions on Legal Ethics, Access to Justice, Pro Bono and Professional Responsibility. Goal 6 • Each law department was assisted to develop agendas, provide conference services, identifying international experts and funding them to participate in the workshop, and all associated logistics. • University teachers participated in the ‘Integrating CLE Methods into Law Department Curricula’ workshop. • Mawlamyaing University shared its CLE Mock Trial program with other Myanmar universities. • Myanmar law teachers started using the CLE methodology and pedagogy in their regular law classes, such as family law, criminal law, and introduction to law as well as many others. The methodology includes reflective learning and learning by doing methods. • Myanmar law teachers trained colleagues at their university in CLE program methodology.

March – May 2015 • During the 2nd National Myanmar CLE Summer School, each Myanmar law faculty presented their CLE program strategic plans. The teachers then led a discussion on how certain aspects of their CLE program would provide supplemental legal services and increase access to justice through one or more of the CLE models they have chosen to employ. Additionally, receiving ideas and suggestions from their peers. • On May 15, BABSEACLE trainers and team members met with Taungoo University law teachers for an in-depth discussion of their CLE program, including their efforts to hold CLE Community Teaching sessions and CLE Mock Trial events. Taungoo University law teachers shared their intentions to hold CLE Community Teaching sessions for approximately 100 community members

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Project Name: Promoting the Rule of Law Project Grantee Name: BABSEACLE Grant No.: PRL-G-001-05 Activities/Outputs Achieved During the Project Period December 2014 Related goal – April 2016 (s) per session on the topic of human trafficking, a subject that is of great importance for their community. The CLE Community Teaching sessions will increase legal awareness and empower community members to seek legal assistance if they experience problems related to the topic. • Dr. Thida from YUDE worked on a book on legislative drafting programs to be used in the YUDE CLE curriculum. YUDE also created a textbook on introduction to law and customary law, which can be shared with all other university law departments. • Mawlamyaing University strengthened its CLE In-House Clinic Program and CLE Mock Trial Program. Two small rooms have been renovated for the Yamanya CLE In-House Clinics. The CLE In-House Clinic will focus on divorce and customary law. Mawlamyaing University will fit this accredited CLE program under the ‘Human Rights’ course, which was already approved some years ago by the Myanmar Board of Legal Studies.

June – August 2015 • BABSEACLE and the PMT assisted the universities with the development assessments and evaluations tools that will be conducted in each region. More specifically and Taungoo University received a series of trainings conducted by Ms. Thip Nouansyvong (ICIR) on developing community partnerships and trust for using these tools at CLE community teachings on Human Trafficking as part of their CLE program. • Taungoo University organized the first CLE Community Teaching program on the 1st of July 2015, and it was focused on Anti-Trafficking in Persons. 46 students participated. There were 6 law teachers who participated in the CLE program and received a training from legal scholars and officials that have worked with trafficked persons. The six teachers were: U Khin Maung Soe, Daw Aye Aye Myint, Daw Nwe Ni.

September – November 2015 • At Taungoo University, law students and teachers went on field trips to the local Court to study cases and engage in discussions with people working in the field of anti-trafficking of persons and listened to the experiences of trafficked persons and legal scholars. • In September Taungoo University organized trainings to teach the students/teachers how to use CLE methods. The focus was particularly on Community Teaching (CT) Programs. One of the topic discussed was Anti-Drug Trafficking. In October, as part of the CLE program in Taungoo, teachers also taught CLE Methods to the distance education students. • At the end of November, YUDE teachers took part in a Mock Trial Curriculum Development Workshop where the steps of the mock trial and ways and means of using a mock trial as part of the curriculum were introduced.

December 2015 – February 2016 1. Taungoo University and Mawlamyaing University organized trainings on CLE Mock Trial at the very beginning of February to prepare their students to attend the 2nd Myanmar National CLE Mock Trial Event. The students selected to join the CLE Mock Trial successfully attended the event. Two students, Ma Nandar Su Paing and Ma Nadi Win Lae, and one teacher, Dr. Myint Nandar Thein, from Taungoo University attended the 2nd Myanmar National Second CLE Mock Trial. Two students, Maung Moe Thu and Maung Aung Zin, and two teachers, Dr. Khin San Maw and Dr. Khin Htay Tint, from YUDE attended the 2nd Myanmar National Second CLE Mock Trial. Two students, Ma Zun Pan Nu Nu

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Project Name: Promoting the Rule of Law Project Grantee Name: BABSEACLE Grant No.: PRL-G-001-05 Activities/Outputs Achieved During the Project Period December 2014 Related goal – April 2016 (s) and Ma Saung Shin Moe, and one teacher, Daw Yin Yawai Phoo, from Mawlamyaing University attended the 2nd Myanmar National Second CLE Mock Trial. Dr. Khin San Maw from YUDE co-trained with International lawyers/teachers at the Myanmar National CLE Mock Trial Workshop using CLE interactive methodologies. The sessions she trained were “Case Planning and Case Theory” and “Witness Preparation Technique’.

March – April 2016 • YUDE, Taungoo and Mawlamyaing Universities continued implementing CLE program curricula, teaching modules and teaching syllabi with the support of the Consortium.

Activity 4: BABSEACLE will identify and invite international clinicians to spend a month as a Clinician-in-Residence at designated law departments. Goal 1

Activity 4 Outputs: Clinicians-in-Residence (ICIR) completed placements at all 3 Goal 2 universities (YUDE, Mawlamyaing University and Taungoo University) and worked with the university law teachers giving specific assistance in the Goal 3 development and sustainability of CLE programs using a range of CLE models, including Mock Trials, Externships, Community Teachings and In-house Goal 4 Consultation Clinic. All the CLE models provide assistance to disadvantaged communities. The ICIRs also collaborated with mentors to provide on the Goal 5 ground insight and information about each university. Goal 6 The following is a list of outputs per quarter:

December 2014 – February 2015: • 14 January – 7 March 2015: Don Peters was placed in Mawlamyaing University as an International Clinician in Residence. Topics taught: Strategic planning, CLE Mock Trial training, English Language Support, Teacher training. He worked with the teaching team at Mawlamyaing University Law Department to create and distribute knowledge assessment documents to measure the growth of students’ knowledge during the term. He also conducted a short workshop with the teaching team on feedback and sessions on strategic planning. Don Peters has written an article about his experience as ICIR (Annex 2) • 16 January – 22 February: Elizabeth (Bebs) Chorak was placed in YUDE (Yangon) as an International Clinician in Residence. Topics taught: Strategic planning, CLE Mock Trial training, English Language Support, Teacher training. She worked with the Law Department Professor Head at YUDE to develop a 3 year strategic plan, with goals for research, legislation drafting and lesson development for Mock Trial and Externship programs. • Jane Sanders was placed at Mawlamyaing University as an International Clinician in Residence. Topics taught: Juvenile practice and supervision for In House Clinic Program • 3 International Mentors were successfully placed from November: Jake Stevens at Mawlamyaing University, Lisa Bliss at Taungoo University and Elizabeth (Bebs) Chorak at YUDE. Topics taught: Online support for strategic planning, grant writing, proposals, English Language Support, CLE development.

March – May 2015:

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Project Name: Promoting the Rule of Law Project Grantee Name: BABSEACLE Grant No.: PRL-G-001-05 Activities/Outputs Achieved During the Project Period December 2014 Related goal – April 2016 (s) • Local Myanmar Mentors were appointed for Mawlamyaing University, Taungoo University and YUDE, providing support on strengthening strategic plans, grant writing, proposals, and CLE program development. Additionally, acting as liaison between the university and international mentor.

June – August 2015 • In August, Ms. Thip Nouansyvong, a member of the BABSEACLE team in Laos who works with the Faculty of Law and Political Science at the National University of Laos, was placed at Taungoo University. Ms. Nouansyvong has had more than 8 years of experience setting up CLE community teaching programs in Laos, mainly focused on Human Trafficking awareness raising. Her experience was very useful for Taungoo University, who have identified Human Trafficking as one of the main topic to address during the CLE Community Teachings, as this is an important issue for the region and the community. Thip wrote an article and a detailed report about her experience (Annex 5).

September – November 2015 • Ms. Elizabeth (Bebs) Chorak, CLE expert from Street Law Inc. South Carolina was in Chiang Mai for the month of September where she assisted in training the Myanmar law teachers at the BABSEACLE International Training Center/Externship Clinic. Bebs’ role was to train the teachers on various aspects to the law clinic, as well as the ways to set up an In-House clinic at their faculties. Daw Myint Nandar Thein from Taungoo University was part of this teacher placement, and she was able to learn exceptional skills varying from In-House clinics, to Mock Trials and lesson plans.

December 2015 – February 2016 • After her positive experience in Chiang Mai, Ms. Elizabeth (Bebs) Chorak, a CLE expert from Street Law Inc. South Carolina, decided to return and gave her technical support during the workshop organized by YUDE on the 19th of December. Don Peters attended and support the organization of the Mawlamyaing workshop on the Ethical Practice of Client-Centered Lawyering last February. Both the international clinicians came to Myanmar completely self-funded. Moreover, Lauren Donnison, BABSEACLE Externship coordinator, was placed at Taungoo University with the QUT students last February as an International Clinician.

March – April 2015 • Local and international mentors provided technical support for the Mawlamyaing University, Taungoo University and YUDE CLE programs.

Activity 5: Partner law departments will receive support in course accreditation processes for CLE programs. Goal 1

Activity 5 Outputs: All universities were provided ongoing technical support Goal 2 to develop and implement CLE program curriculums, teaching modules and teaching syllabi (including integration of legal ethics professional Goal 3 responsibility and pro-bono lawyering). YUDE focused on the development of materials, both written and electronic/videos that will be disseminated Goal 4 widely and will also be available for use by other justice sector actors. Goal 5

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Project Name: Promoting the Rule of Law Project Grantee Name: BABSEACLE Grant No.: PRL-G-001-05 Activities/Outputs Achieved During the Project Period December 2014 Related goal – April 2016 (s) The following is a list of outputs per quarter: Goal 6

December 2014 – February 2015 • With support from the Consortium, universities continued working to secure accreditation for CLE teaching methodologies and activities including CLE Mock Trial, externships, in house clinic and community teaching. Members of the PMT attended a curriculum development workshop at Yangon University and worked with international lawyers from DLA Piper and Herbert Smith Freehills to research and present on accreditation for legal drafting courses. • Most of the university teachers successfully implemented CLE teaching methodologies in their classrooms with positive results. Following the NMT, most teachers expressed their desire to train their students on CLE Mock Trial as an accredited course as they believe that this is an essential skill for their students. • Yangon University attended the Myanmar Board of Study meeting on December 29th where it was decided to develop a legal drafting subject (it is currently only a topic in one of the subjects.) It will become an accredited course once they receive approval from the MOE. All teachers have agreed to the compulsory use of CLE teaching methodologies in their teaching subjects. All the other Myanmar Universities were informed about the outcomes of this meeting.

March – May 2015: • During the 2nd National Myanmar CLE Summer School sessions were dedicated to course accreditation including problem solving on ways to seek accreditation, the benefits of course accreditation, as well as presentations from universities on their unique methods that can be replicated by other universities.

June – August 2015 • BABSEACLE and the PMT provided assistance on the development and implement CLE program curriculums, teaching modules and teaching syllabi (including integration of legal ethics professional responsibility and pro-bono lawyering). • Law teachers from YUDE, Mawlamyaing University and Taungoo University worked together to develop CLE Mock Trial case scenarios, the lesson plans on how to teach the CLE Mock Trial cases over a semester long period. This was led by the law teachers while on placement in Chiang Mai at the CLE International Legal Studies Clinic. The law teachers are then able to share this information, techniques and guidance with their colleagues at their universities. • Taungoo University organized the first CLE Community Teaching program on the 1st of July 2015, and it was focused on Anti-Trafficking in Persons. 46 students participated. There were 6 law teachers who participated in the CLE program and received a training from legal scholars and officials that have worked with trafficked persons. The six teachers were: U Khin Maung Soe, Daw Aye Aye Myint, Daw Nwe Ni Tun, Daw Nwe Yin Win, Daw Aye Aye Win and Daw Myat Thandar Soe • YUDE continued to use the CLE methodology and pedagogy in their on-line and Face to Face class room lectures. In addition, Mr. Hlaing Myint Kyaw, from the BABSEACLE team, continued to prepare instructional videos on CLE methodologies. YUDE used these instructional videos for on-line learning as demonstration pieces for the online students.

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Project Name: Promoting the Rule of Law Project Grantee Name: BABSEACLE Grant No.: PRL-G-001-05 Activities/Outputs Achieved During the Project Period December 2014 Related goal – April 2016 (s) • At Mawlamyaing University the law teachers continued to develop their lesson plans for both the CLE Mock Trial classes and the CLE legal in-house clinic. Every Thursday & Friday 12 law teachers and 23 law students participate in the CLE Mock Trial program and work the strengthen their teaching methodology and lesson plans.

September – November 2015 • BABSEACLE and the PMT continue to provide assistance on the development and implementation of the CLE program curriculums, teaching modules and teaching syllabi (including integration of legal ethics professional responsibility and pro-bono lawyering). • YUDE, Mawlamyaing University and Taungoo University furtherly worked on the implementation of their CLE programs.

December 2015 – February 2016 • BABSEACLE team members continue to assist law teachers from YUDE, Mawlamyaing University and Taungoo University in the development of CLE Mock Trial case scenarios and lesson plans. • In addition, Hlaing Myint Kyaw, from the BABSEACLE Myanmar team, is currently collaborating with other local Myanmar experts on video making for the development of videos on CLE Mock Trials. These instructional videos are and will be a precious source to furtherly strengthen the knowledge of students of YUDE, Mawlamyaing University and Taungoo Universities about the CLE Mock Trial process. Moreover, YUDE will continue to use these instructional videos for on-line learning.

March – April 2016 • All the three universities supported by the PRLP program continued to constantly develop their curricula with CLE methodology and pedagogy, and worked to secure the accreditation of these classes.

Activity 6: BABSEACLE will facilitate dialogue between CLE programs, university law departments Goal 1

Activity 6 Outputs: Over all the grant period, close relationships have been Goal 2 built between the Ministries, justice sector officials, lawyers, community sector workers and law departments, teachers and students. A significant Goal 3 increase in appreciation for CLE programs from all the above sectors is being seen in the various meetings and events being held. The awareness of the Goal 4 need for and benefits of CLE within universities, CSOs and the government has extremely increased. Goal 5

The following is a list of outputs per quarter: Goal 6

December 2014 – February 2015 • The Consortium has met with policy makers at the Ministry of Education (MOE) and the Union Attorney General’s Office (UAGO), as well as university rectors, law department heads, law officers and justice sector representatives to discuss the development of CLE programs in Myanmar and to build support and approval for the programs. Meetings were held with relevant stakeholders including universities, government officials and members of the legal

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Project Name: Promoting the Rule of Law Project Grantee Name: BABSEACLE Grant No.: PRL-G-001-05 Activities/Outputs Achieved During the Project Period December 2014 Related goal – April 2016 (s) profession to discuss policy and reform relevant to the nationwide operation of CLE programs. Each of these meetings focused on the need for stronger legal and justice education. University rectors and department heads expressed a need for support with training, resources and mentoring. The Consortium responded by conducting several CLE mock trial and legal ethics training events throughout the country. • At Mawlamyaing University, Professor Don Peters, ICIR, formed a working relationship with Debra Mercurio, an Adelaide lawyer consulting with the Justice Centre and built an initial framework for collaboration via referral of clinic cases and use of centered lawyers as consulting resources for team members. • The Consortium collaborated with the Myanmar UNDP office to review a national Legal Aid Act. The act mentions university law clinics as legal aid providers and recognizes the efforts of the CLE program. • The UNDP held a meeting in NPT in January 2015 for the Rule Of Law (ROL) project where they spoke to donors thus exposing more people to the CLE program, National CLE Mock Trial and accredited CLE program.

March – May 2015 • Numerous individuals from the government, education, and development sectors attended the 2nd National Myanmar CLE Summer School. These individuals learned and/or strengthened their understanding of the value of CLE for universities in Myanmar and built connections with the individual universities and the national CLE movement. Participants included: U Tin Win (Speaker, Bago Region), U Tin Tun (Rector Taungoo University), Dr. San San Mar (Pro Rector Taungoo University), Dr. Win Tint (Pro Rector Taungoo University), U Tin Oo (Chairman Taunggyi District Election Sub-Commission), Caitlin Reiger (Chief Technical Advisor, UNDP), Christina Beninger (Rule of Law and Access to Justice Officer, UNDP), Zaw Min Naung (National Field Officer, UNDP) and Jonathan Liljeblad (Lecturer, University of New England, Australia).

June – August 2015 • On the 13 July 2015 Mawlamyaing University and BABSEACLE signed a MOU to work collaboratively to continue to support and strengthen the CLE programs.

September – November 2015 • BABSEACLE and the PMT continued to attend meetings with relevant stakeholders including universities, government officials and members of the legal profession to discuss policy and reform relevant to the nationwide operation of CLE programs. Each of these meetings focused on the need for stronger legal and justice education. Participation in CLE events has grown steadily, reflecting the interest of law teachers and students in CLE programs. • In mid-October, BABSEACLE and the Consortium had a meeting with the Minister of Education. At this meeting, a strong bond was created between the MOE and the Consortium where there is now trust and a pathway for all to move forward with the CLE Program in Myanmar.

December 2015 – February 2016 • On the 3rd of February 2016, BABEACLE team and CLE Trainer, Hsar Moo, organized and held a productive meeting with the members of the Yangon Justice Center regarding the placement of students from YUDE’s CLE Externship program.

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Project Name: Promoting the Rule of Law Project Grantee Name: BABSEACLE Grant No.: PRL-G-001-05 Activities/Outputs Achieved During the Project Period December 2014 Related goal – April 2016 (s) March – April 2016 • BABSEACLE team members held a planning meeting on holding a CLE Externship Program Supervision and Report Writing workshop at the Yangon Justice Center.

Activity 7: Myanmar law teachers are supported in participating in study visits and exchange programs to other CLE programs, both regionally and globally Goal 1 (Supported through financial cost-share) Goal 2 Activity 7 Outputs: Myanmar law teachers from YUDE, Taungoo University and Mawlamyaing University attended numerous CLE events, regionally and Goal 3 globally. Upon returning to their own law departments from a CLE training they have immediately implemented and continue using the knowledge and Goal 4 skills in their own class, as well as train colleagues at their university in CLE program methodology. Goal 5

The following is a list of outputs per quarter: Goal 6

Dec 2014 – Feb 2015: • 8-11 January 2015: 6 law teachers from Taungoo and Mawlamyaing Universities joined the Access to Justice Weekend organized by BABSEACLE in Chiang Mai, Thailand. They participated to workshops related to Legal Ethics, Professional Responsibility, Pro Bono and Access to Justice, Monitoring and Assessing CLE Programs.

March – May 2015 • 11-15 May 2015: 3 Law teachers from Mawlamyaing University, 12 law teachers from Taungoo, and 2 law teachers from YUDE joined the 2nd National Myanmar CLE Summer School. Upon returning from the 2nd National Myanmar CLE Summer School, participants were able to share what they learned with their colleagues.

June – August 2015 • BABSEACLE provided assistance (including financial) for Mawlamyaing University teacher, Su Nandar, to participate at the Global Alliance of Justice Educators (GAJE)/International Journal of Clinical Legal Education (IJCLE) Conference and Training of Trainers in Turkey. Su Nadar has written a detailed report and an article on this experience (Annex 6) • Law teachers Ms. Myint Nandar Thein from Taungoo University, Ms. Khin San Maw from YUDE and Ms. Yin Yawai Poo from Mawlamyaing University were supported by BABSEACLE to participate in teacher placements in Chiang Mai. During these placements the law teachers collaborate with each other through CLE activities and workshops. The teachers were placed for approximately 2 months and attended other CLE workshops at Thai Universities, developed lesson plans on statelessness issues for Myanmar migrant workers staying at a local single mother’s home during their pregnancy, strengthening their own university curriculum through the development of materials and assessment using CLE pedagogy. All these activities were supervised and mentored with experienced CLE persons and the BABSEACLE Team and PMT.

September – November 2015

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Project Name: Promoting the Rule of Law Project Grantee Name: BABSEACLE Grant No.: PRL-G-001-05 Activities/Outputs Achieved During the Project Period December 2014 Related goal – April 2016 (s) • A Myanmar law teacher, Daw Myint Nandar Thein from Taungoo University took part in the teacher placement at the BABSEACLE International Training Centre/Externship Clinic in Chiang Mai, Thailand during this quarter. As part of her placement in Chiang Mai, she took part in the Phayao Mock Trail Training at the University of Phayao, Northern Thailand, where her skills were put to use in formulating reflective questions for the students based on the Mock Trial. She also took part in various skill development trainings such as, proposal writing, budgeting, English Language training, Mock Trial lesson planning as well as the workings of an In-House law clinic.

December 2015 – February 2016 • BABSEACLE continued to notify the universities on any upcoming regional events, and, whenever possible, help to find financial and technical support to have them attend.

March – April 2016 • BABSEACLE continued to notify the universities on any upcoming regional events, and, whenever possible, help to find financial and technical support to have them attend.

Activity 8: The 3 designated University law department CLE programs develop evaluation instruments and make specific plans to implement longitudinal Goal 1 studies Goal 2 Activity 8 Outputs: In order to evaluate the effect of the CLE programs, a base line study was carried out by each of the 18 Myanmar universities in Goal 3 2014, including YUDE, Mawlamyaing University and Taungoo University. At the beginning of 2016 another survey (the Myanmar University CLE Goal 4 Development Interim Survey) was elaborated and sent to all Myanmar Law Departments, to demonstrate the growth of CLE in Myanmar and the Goal 5 benefits of this growth. This survey is enclosed as Annex 7. Goal 6 The following is a list of outputs per quarter:

Dec 2014 – Feb 2015: • The base line study was sent to YUDE, Mawlamyaing University and Taungoo University.

June – August 2015 • Universities have identified various evaluation instruments and started working with BABSEACLE and the PMT to implement the plan to implement these tools.

September – November 2015 • Monitoring and Evaluation Tools have been developed by the Consortium, and assisted greatly by one of the BABSEACLE directors, Dr. Christopher Walsh of Torrens University. The BABSEACLE team have been trained in analyzing these important instruments in order to strengthen the program and the capacity of our team members.

December 2015 – February 2016

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Project Name: Promoting the Rule of Law Project Grantee Name: BABSEACLE Grant No.: PRL-G-001-05 Activities/Outputs Achieved During the Project Period December 2014 Related goal – April 2016 (s) • BABSEACLE and PMT have successfully collaborated on the development of the 2016 Myanmar University CLE Development Interim Survey, a monitoring and evaluation tool, which YUDE, Mawlamyaing University and Taungoo University have agreed to complete in the next quarter.

March – April 2016 • YUDE, Mawlamyaing University and Taungoo University sent back the survey, which was carefully analyzed by BABSEACLE staff members, to evaluate to what extent these three universities have benefitted from the growth of CLE programs in the past year and half.

Activity 9: Development of a peer-reviewed high quality knowledge product on CLE and prepare other communication materials including success stories and Goal 1 press releases etc. Goal 2 The following is a list of outputs per quarter: Goal 3 Activity 9 Outputs: Video footage of trainings, events and interviews with teachers and students has been captured over all the grant period. Various Goal 4 promotional and instructional videos were completed included ‘The Global Path and Future of CLE in Myanmar’. Goal 5

December 2014 – February 2015 Goal 6 • YUDE developed videos of lesson demonstrations for their ETV program, as well as a number of other instructional videos of CLE Mock Trial lessons and procedures that focus on social justice cases/issues. Hlaing Myint Kyaw, BABSEACLE’s multimedia coordinator, prepared a video of a CLE Mock Trial opening statement played by Rosie, a YUDE student, and a closing argument played by Sue, another YUDE student. YUDE used those materials for on-line learning. • A documentary is being developed on pro bono work in Myanmar to exhibit at the 4th Asia PBC/LEF. The Myanmar team have worked with the ICIRs to develop templates and plans for highlighting the outputs of the conference/forum in the videos.

March – May 2015 • YUDE keep on producing instructional videos for long-distance teaching programs. In this quarter, YUDE created a video to show the different CLE methodologies and lesson plans as well as CLE Mock Trial demonstrations for online students. • During the 2nd Myanmar CLE Summer School, various interviews to students, international trainers and law teachers from various universities were recorded. These interviews highlighted the successful stories of the CLE programs.

June – August 2015 • During this quarter, video footage for the knowledge product was captured.

September – November 2015 • The footage of the past quarters has been edited to create a peer-reviewed knowledge product, as well as various videos for the promotion of the CLE

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Project Name: Promoting the Rule of Law Project Grantee Name: BABSEACLE Grant No.: PRL-G-001-05 Activities/Outputs Achieved During the Project Period December 2014 Related goal – April 2016 (s) Program in Myanmar. This video was given to the Minister of Education in October this quarter.

December 2015 – February 2016 • Video footage of trainings, events and interviews with law teachers and students continues to be captured. This footage is in production stage being edited to create a peer-reviewed knowledge product, as well as various videos for the promotion of the CLE Program in Myanmar.

March – April 2016 • The knowledge product on the promotion of CLE programs in Myanmar was completed. The final name is ‘Global Path and Future of CLE in Myanmar’. It has been peer reviewed by BABSEACLE’s staff members and BABSEACLE’s partners, who have expressed extremely positive feedbacks. It is available on BABSEACLE YouTube video and advocacy paper (The Global Path and Future of CLE in Myanmar) was completed to use as ‘How-To’ guide for others wanting to learn how to create a CLE Programme, from the ground-up. The video includes footage of workshops, trainings, interviews of key stakeholders, as well as interviews of law teachers and students giving their opinions of the CLE Programme, and how the community teachings, TOTs and workshops have benefitted them. The advocacy paper supports and expands on the video, outlining the impact of the CLE activities in Myanmar and recommendations to strengthen this initial work. The advocacy paper is available upon request by emailing [email protected] the video can be viewed at the following link.

Video link on You Tube

Activity 10: Provide a multi-stakeholder and evidence-based peer reviewed end of project evaluation report of the project’s results to be used for advocacy Goal 1 purposes which includes providing recommendations for university law departments, the Government of Myanmar and other donors on further support Goal 2 to CLE programs in Myanmar through development cooperation Goal 3 Activity 10 Outputs: Evaluation reports of all trainings, events and interviews with law teachers and students were constantly collected, tallied and analyzed. Goal 4 The three universities supported under this grant also submitted monthly reports summarizing all the activities that they have held, participated in and/or Goal 5 organized. Law teachers or students also submitted newsletter articles regarding the workshops or trainings they attended. Goal 6

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Project Name: Promoting the Rule of Law Project Grantee Name: BABSEACLE Grant No.: PRL-G-001-05 Challenges and Barriers Throughout the past three years a number of lessons were learned, often coming from challenges faced by the Consortium and the university partners. The following are some examples of the detours that had to be addressed along the way. Fostering Strong and Clear Communication Throughout, and as expected, the Consortium encountered communication challenges, on both a technical level and programmatic level. Most universities have very limited internet bandwidth, making email correspondence, including gathering formalized updated information on their CLE activities, very difficult. However, the Consortium learned how to overcome these communication challenges. For example, during the Pilot project, it was often hard to communicate such things as deadlines despite diligent efforts and use of various methods of communication including phone, email and personal meetings. Rather than stringently enforcing these deadlines, the Consortium recognized that the Pilot project was more about relationship and capacity building. Thus, deadlines were used as a means to have the law teachers begin to appreciate the need to communicate and provide information in a timely manner. This minimized conflict between stakeholders and the Consortium and also helped to further foster program buy-in. As the program has continued onward, the issue of meeting deadlines by the partners has greatly diminished.

The Consortium also recognized that language barriers impeded some of its programmatic efforts. Initially, most of the materials and presentations were delivered solely in English. While there are good reasons to continue to utilize English, including the fact that this is the official language law is required to be taught in Myanmar law departments, the Consortium understood the importance of communicating core concepts and goals of CLE in the Myanmar Language to law department personnel. Thus, at times the project relied on informal translation and interpretation, and followed up with one-on-one meetings. Participants who struggled with English comprehension were directed to work with other university personnel with stronger English skills. Thus, the Consortium identified an obstacle to strong communication and began responding to that almost immediately.

The Consortium also tried to facilitate communication amongst university partners. To that end, the Consortium endeavored to compile a university quarterly newsletter, written in English, amongst the universities in Myanmar. This newsletter is a collection of articles written by each university about their CLE Program and the CLE activities that they have been involved in. This newsletter is currently being finalized and should soon be ready to be circulated around the region. The Consortium’s approach was completed predicated on fostering diverse stakeholder buy-in through mindful and culturally sensitive communication and dialogue.

Lack of Myanmar-Language CLE Teaching Materials A further challenge identified has been the lack of Myanmar-language CLE teaching materials for students. The Consortium has provided a body of teaching materials in both English and Myanmar- language related to the design and implementation of CLE Programmes, and these are used by all 18 Myanmar law departments. An example of these materials is the CLE Mock Trial Manuals that have been developed and strengthened over the years. Another example is the extensive legal/access to justice/rule of law training materials, all of which use CLE methodologies, which BABSEACLE has co-guided and co-assisted the ROLC Project in developing, and which a number of teachers and students have been trained with. But it has become clear, that to further strengthen CLE programmes at-scale, additional Myanmar-language CLE teaching materials, related specifically to the particular subjects and services associated with individual CLE Programmes, are needed. This can include a textbook specifically focusing on CLE as a subject.

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Project Name: Promoting the Rule of Law Project Grantee Name: BABSEACLE Grant No.: PRL-G-001-05 Law Department Scheduling, Time Management and Availability of Law Teachers Another particular issue has been the time availability for CLE programmes in the current academic calendar. Very often many teachers have very little down time for CLE preparation and handling due to both teaching and administrative tasks, during the course of the semester and during semester breaks. This is discussed in more detail in Uncertainty of University Official Recognition of CLE Law Teachers. Strategies developed to address this issue have included: formally scheduling times in the academic calendar to plan and implement CLE Programmes; forming dedicated committees; assigning individual faculty/champions to focus on CLE program implementation; and allocating specific days in the academic calendar specifically devoted to designing and implementing CLE Programmes. A key message shared highlighted that the initial phase of designing and implementing CLE Programmes did require some time and resources, but this steadily decreased once the CLE Programmes were in operation.

Unintended Consequences of Other Legal Education Strengthening Initiatives Throughout its support for CLE in Myanmar the Consortium has been tremendously supportive, open and encouraging for additional complementary legal education strengthening initiatives to support the universities. Rather than trying to keep the space to itself, the Consortium has taken the “go with others approach” approach and deeply encouraged others to provide assistance. The effect of this has for the most part been very positive, especially due to the fact that when the Consortium initially began working in Myanmar there was almost no focus by other legal education initiatives to support universities outside of Yangon and Mandalay. This is no longer the case and many law departments, although not enough of them, across the country are now engaging in collaborative, legal education strengthening partnership. There has been however an unforeseen consequence of all of this happening.

It is important to appreciate that CLE leads to both the fostering of a community service and pro bono ethic in students as well as many other positive educational outcomes. Some of these include CLE teaching methods achieve educational outcomes including the development of critical analysis, initiative, autonomy, and understanding of duties. All of these are important in professional clinical practice.

However, while these components are core elements of CLE pedagogy, which has consistently been stressed by the Consortium, some other legal education strengthening initiatives do not always fully utilize the interactive, student-centered, reflective educational methods that the university law departments are exposed to in the CLE programmes. Rather, at times, some of these other initiatives have employed a much more traditional, lecture style, pedagogy that the capacity development component of the CLE program has worked so hard to change in the teachers. What has happened on some occasions is that teachers, who have been well trained in the use of these CLE related methods, after being exposed to the methods employed by some of the other legal education initiatives, have returned to the use of the traditional, didactic, familiar methods of lecture. This results in the students applying rote memorization, failing to critically analyze issues, and not being given room for questions or discussion. In essence, the teacher becomes the “sage on the stage” and the students are simply note taking stenographers.

This reverting to traditional methods by the teachers has happened both within Myanmar, and when law teachers are placed abroad, often at universities without CLE programmes, and placed in large, lecture style classes to observe.

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Project Name: Promoting the Rule of Law Project Grantee Name: BABSEACLE Grant No.: PRL-G-001-05 Two additional challenges resulting from other educational strengthen initiatives included financial expenditures spent by the other initiatives on the universities and the somewhat lack of full reporting and accountability required by other initiatives. While financial support for the CLE programmes has been provided in a very frugal, cost effective manner, the same has not always been true for other initiatives. A good example of this can be seen in the accommodation standards and per diem levels sometimes provided to the teachers when attending events both within Myanmar and outside.

Furthermore, the Consortium has required monthly reporting standards by the university partners very often far and above what other initiatives have required of them.

To address many of these issues the Consortium is working to have strong communication, with other current, and soon to be planned, legal education initiatives in the hope that there can be more harmony between the approaches. Furthermore, to date it appears that most of the university partners now have a greater understanding and appreciation of the need to be financially frugal. This has been due to the Consortium openly demonstrating to them what financial resources are available and how the Consortium often provides greater support in this area, to many more partners than originally envisioned, due to this frugal approach.

In regard to the issue of reporting, due to much focus on report writing assistance to the universities by the Consortium, there is now a much improved reporting by the university partners in their providing of report and doing so in a professional, timely manner.

Systemic Challenges In order to fulfil its mandate of promoting the implementation of CLE Programmes in Myanmar, the Consortium worked with law departments to address a number of systemic challenges. Because CLE is new to Myanmar’s law departments and other advocates for justice, these challenges will require continued attention in order to maximize the future results of the Consortium’s mission. Specifically, these systemic challenges are:

1. the absence of CLE history in Myanmar legal education; 2. the management system of Myanmar higher education; 3. the unequal support of international development organizations and Myanmar law departments; and 4. the uncertainty of university official recognition for CLE law teachers

These systemic challenges are highlighted separately below.

Absence of CLE History CLE is a new concept for Myanmar law department teachers. There is a lack of institutional knowledge and a corresponding lack of institutional expertise. Moreover, it also meant a lack of familiarity on the part of Myanmar universities, legal professionals, or communities. This posed a burden for both the Consortium and Myanmar law departments, in that it created a preliminary challenge of introducing the concept of CLE and promoting its value as a pedagogical tool in law department curricula, an integral component of university reforms to meet global standards of legal education, an aid to rule-of-law reforms within the Myanmar legal profession, and as a service mission to local communities.

The Consortium and its partner law departments worked in collaboration to deal with these issues. The Consortium worked to provide technical assistance in the form of skills training directed at knowledge transfer and values gained, with the goal that the knowledge conveyed through the Consortium’s effort to build Myanmar law departments’ capacity to implement and strengthen CLE Programmes assisted these actors in further developing their expertise in CLE. From this

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Project Name: Promoting the Rule of Law Project Grantee Name: BABSEACLE Grant No.: PRL-G-001-05 perspective, the Consortium worked well to enable ex situ, or foreign, knowledge, values and skills to be conveyed to in situ, through the CLE Programmes’ stakeholders.

The absence of a history or knowledge of CLE in Myanmar highlights how CLE, as a new component of legal education, is still in the process of being learned, accepted and understood by the law departments, university leadership, legal professionals and local communities. As CLE becomes more institutionalized, the Consortium believes it will increasingly be viewed as a necessary component in legal education. The Consortium’s work with the project stakeholders has been the needed catalyst for universities to work in collaboration to accord CLE as a high priority in law department curriculum. For CLE to be institutionalized nationwide, law department faculty, through exposure to CLE, will hopefully realize its potential for enhancing legal education and promoting the rule-of-law among Myanmar universities, the legal profession and communities. The Consortium understands all too well that there is an urgent need to provide continuing support in the form of technical assistance and capacity building along with the already observed ongoing dedication and diligence from Myanmar law departments. This highlights the need to establish and document a history of CLE in Myanmar so that the Consortium’s mission will continue into the future and be supported.

Management Culture The traditional management culture of Myanmar universities created some challenges in the initial implementation of the CLE programmes and developing self-initiative. Myanmar’s university law departments exhibit a centralized hierarchical management structure. Decision-making processes have been portrayed wherein authority figures operate via decrees made with uni-directional, top- down flows of information, with subordinates expected to await orders from their superiors before acting and expected to defer to senior preferences.

This type of management culture poses a challenge to the implantation and strengthening of CLE, in that it leads faculty implementing CLE Programmes to constantly look to senior university leadership for approval not just to authorize development of CLE Programmes but also to authorize details regarding design, resources, integration into curricula, teaching materials, and services.

The Consortium addressed this challenge by viewing the implementation of CLE Programmes as a catalyst to foster environments conducive to consideration of access to justice and rule-of-law concerns, to open dialogue, transparency and reflective practice. Hence, under the strategy, of fostering these environments the Consortium focused first on establishing relationships with Myanmar law departments and university leadership with the goal of nurturing communication, familiarity, and trust sufficient to allow the introduction of CLE. Such an approach sought to build the social capital of stakeholders by assisting in the development of a robust network built on qualities of communication, familiarity, and trust within relationships between stakeholders to enable the exchange and learning of information. Once relationships had developed sufficient social capital to support the discussion of CLE, the Consortium then worked on promoting more formal design and implementation within Myanmar law departments. The CLE M&E workshops of 2014 and 2015 reflect the achievement of this stage in the Consortium’s relationships with Myanmar law departments and universities. The goal is that continued development and operation of CLE Programmes will expand an environment open to a corresponding inclusion of efforts regarding access to justice and rule-of-law in Myanmar.

Unequal Support by International Development Organizations The lack of substantive capacity-building relationships that university law department were able to forge with international development organizations has also been raised. The presence and role of education-focused development provided by foreign organizations was noted, acknowledging its utility in furthering efforts to implement and strengthen CLE programmes in Myanmar’s universities’ law departments. There was, however, some dissatisfaction with the unequal manner in which such aid was delivered: almost all participants claimed that foreign aid providers seemed

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Project Name: Promoting the Rule of Law Project Grantee Name: BABSEACLE Grant No.: PRL-G-001-05 to focus predominantly on Yangon University and Mandalay University at the expense of more remote schools. Many of the law departments have argued that as a result much of the capacity development efforts were being expended upon law departments at two universities, with little being made available for Myanmar’s remaining sixteen law departments, particularly those in remote locations inaccessible by plane. Several program participants noted the irony, in that some of the more remote law departments, had often exercised a greater level of initiative to engage in CLE experimentation.

The Consortium understands that decisions by foreign entities in the distribution of development support is not always fair and equal. Such actions can potentially act to foster situations of marginalization, not just between foreigners versus local partners but among the locals who receive foreign assistance versus those who do not. Cognizant of this, the Consortium, having worked for several years to nurture relationships with Myanmar law departments intentionally maintains an office with permanent team members in Myanmar. The Consortium also regularly visits and communicates with almost all of Myanmar’s law departments. Furthermore, the Consortium has sought to be inclusive and equal, in terms of reaching out and engaging all of Myanmar’s law departments, as well as sustained and responsive. The Consortium achieves this by being flexible and regularly adjusting and contextualizing its activities to the individual requests and feedback from each Myanmar law department. It is perhaps because of this that law departments have indicated that the Consortium was an exception to their other experiences with foreign aid and that The Consortium’s work had been effective.

Uncertainty of University Official Recognition of CLE Law Teachers There are structural constraints posed by Myanmar’s current university system that challenge attempts by Myanmar law departments to implement and strengthen CLE. Relative to their counterparts in the West, Myanmar faculty maintain a comparatively greater teaching load, with program participants indicating that they taught as many as four classes every semester, with classroom sessions meeting four times for each class for each week. In addition, Myanmar faculty work with little or no administrative support staff, with law departments entirely reliant upon their faculty to handle all operational duties. Furthermore, program participants also indicated that there was an unresolved question as to how participation in CLE Programmes connected to their prospects for promotion, raising the risk that their involvement in CLE might constitute a distraction from pursuing their professional ambitions. Beyond all of these issues is the larger uncertainty of reform in Myanmar’s education system itself, which is undergoing a comprehensive transformation as part of the country’s modernization efforts with unclear implications for the future of Myanmar universities and their law departments.

The Consortium’s mandate does not extend to changing Myanmar’s university system, but they have worked with Myanmar law departments to advance CLE Programmes within the context of these issues. Over the course of its mission in Myanmar, the Consortium has sought to promote CLE with the approval and support of all levels of Myanmar’s education system, from the Ministry of Education, to the Upper and Lower Myanmar Education Departments, to university leadership to law department management and faculty. The Consortium has strategized with law departments to mitigate the work demands of operating CLE Programmes. This resulted in an exploration of ways to have CLE included within the existing course offerings of the curriculum, such that CLE could be integrated into the teaching and administrative work loads of the faculty and thereby incorporated as a component of their professional promotion.

Myanmar Teacher Transfer System Twice a year some teachers based at particular Myanmar University are transferred to other universities. This has had some impact on the CLE programmes in a number of ways. Firstly, some of the university partners have had teachers transferred from their institutions but have not had alternative teachers transferred to their institutions. This has created a human resource shortage,

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Project Name: Promoting the Rule of Law Project Grantee Name: BABSEACLE Grant No.: PRL-G-001-05 leaving less teachers tasked with the same amount of work. As the CLE programmes are currently mostly voluntary, it is understandable that some of the work assigned to these programmes has gone undone or been delayed due to this. The Consortium has addressed this with patience and understanding as the universities are slowly realigning themselves including adjustments in human resources.

Secondly, when a teacher who has been part of a university’s CLE Champion Core Group is transferred this has raised the potential of creating a type of “brain drain” due to the amount of training and exposure that has been instilled. This situation has created less of an issue to date due to the fact that as the Consortium has been working with each of the law departments, the person is most likely going to be transferred to a university where s/he can effectively continue being involved in CLE. In fact, the data collected by the Consortium indicates that almost every teacher transferred from a university who was involved in CLE is currently still engaged in CLE at the new academic institution.

Findings

As was mentioned above, BABSEACLE and PMT have successfully collaborated on the development of the 2016 Myanmar University CLE Development Interim Survey, a monitoring and evaluation tool, which YUDE, Mawlamyaing University and Taungoo University have completed at the end of the grant period. The analysis of the results of this survey shows the benefits of CLE programs and the efforts that BABSEACLE and the three universities covered by the grant have put in the implementation and strengthening of these programs.

Some general results can be deduced also by the analysis of all the activities done in the past year and half. The work done during the grant period has brought various benefits:

1. The law graduates enter the legal profession with more skills in being ethical and responsible lawyers, who understand and are committed to providing pro bono services to disadvantaged communities and strengthening the Rule of Law in Myanmar. 2. A significant increase in appreciation for CLE programs from the government, the universities, civil society, NGOs and private companies is being seen in the various meetings and events being held. Increase awareness of the need for and benefits of CLE within universities, CSOs and the government. Moreover, the cooperation between the actors mentioned above for the improvement of the rule of law and access to justice in Myanmar has also been strengthened. 3. Most of the university law teachers successfully implemented CLE teaching methodologies in their classrooms with positive results. Law teachers report that students are increasingly interested and engaged in lessons and class discussions and are enthusiastic about the CLE programs. Myanmar law teachers were able to provide assistance and trainings to national CLE colleagues through attendance at workshops. YUDE, Mawlamyaing and Taungoo Universities have been holding teaching team meetings and workshops to share what they learned at CLE workshops and conferences. 4. Mawlamyaing University, Taungoo University and YUDE developed consistent and long term strategic plans and significantly improved their CLE programs. 5. With support from BABSEACLE, universities are getting closer to secure accreditation for CLE teaching methodologies and activities including CLE Mock Trial, CLE In-House Clinic and CLE Community Teaching.

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Project Name: Promoting the Rule of Law Project Grantee Name: BABSEACLE Grant No.: PRL-G-001-05 Additionally the survey was a valuable instrument to identify the demographics of each university as well as to evaluate the effect of the CLE programs on various stakeholders and beneficiaries including students, law department faculty, the legal profession, and poor and vulnerable communities serviced by the designated programs.

The analysis of the survey can be divided in three main categories: 1. University Information 2. Demographics of CLE in Myanmar 3. Impact and Support of CLE University Information Below is summarized the information regarding the amount of academic staff of each of the three universities that have benefitted of the PRLP grant, identifying the roles of the academic staff members.

Total personnel: - Mawlamyaing University: 22 - Taungoo University: 18 - YUDE: 21

Number and Roles of Academic Staff

YUDE

Taungoo University

Mawlamyaing University

0 1 2 3 4 5 6 7 8

Administrative Support Staff Tutors Assistant Lecturers Lecturers Associate Professors Professors Professor Head/ Department Head

Impact of CLE in Myanmar Mawlamyaing Taungoo YUDE University University How many teachers at your university have 15-24 15-24 15-24 participated in one or more CLE activities (including workshops, trainings, meetings, observations, study trips, conferences, etc.)? How many students at your university have 25-50 + 100 6-14 participated in one or more CLE activities (including

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Project Name: Promoting the Rule of Law Project Grantee Name: BABSEACLE Grant No.: PRL-G-001-05 Mawlamyaing Taungoo YUDE University University community teaching, CLE Mock trial trainings, externships, workshops, etc.)? How many community members have received legal 25-50 25-50 6-14 knowledge/ support from CLE activities with your university students and teachers? How many teachers at your university use CLE 1-5 6-14 6-14 teaching methods? How many law teachers at your university teach a CLE 6-14 1-5 1-5 class? How many hours per semester do students 15-24 1-5 15-24 participate in CLE activities? How many teachers trained in CLE at your law 6-14 1-5 1-5 department were transferred to other law departments? How many teachers trained in CLE at other law 1-5 0 1-5 departments were transferred to your law department? Following the question above, how many of these 1-5 6-14 1-5 teachers are actively engaged in CLE at your law department? How many persons, including International Clinicians 6-14 6-14 6-14 In-Residence and International CLE Extern Students, were placed in your law department?

Understanding and Support of CLE All the three universities - Mawlamyaing University, Taungoo University and YUDE – fully agree on the below statements: CLE methods provide law students with increased knowledge, skills and appreciation of the values related to the practice of law in Myanmar that they do not learn in other university law courses. AGREE Moreover, students improve their listening skill, speaking skill, problems solving skill, debate, critical thinking and legal practicing skill, connecting theory with practice. CLE programs, and/or the use of CLE methods, help to provide supplemental legal services for AGREE vulnerable people in Myanmar who would not otherwise have them. Teachers participating in CLE programs and/or those using CLE methods make important AGREE education contributions and bring closer relationship between the legal community and the universities. Teachers participating in CLE programs and/or those using CLE methods are brought close to, and AGREE make stronger relationships with, the legal community and the universities. Using CLE teaching methods inspires students to engage in learning the law in ways that lectures AGREE or readings often cannot. Requiring students to reflect on their learning is an effective means of assisting them in university AGREE learning. CLE programs and/or the use of CLE methods enhances the ethical development of individuals in AGREE the justice sector and encourage them to provide legal assistance and protection for underserved and vulnerable populations. AGREE CLE programs should be an elective course in my law department CLE teaching methods should be integrated into the classroom teaching of most courses in the AGREE law department In my university’s law department there have been positive changes/ growth / development – in AGREE our teachers and law students - since it has been applying CLE program/s and/or since it has been applying CLE methods in our law department classes.

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Project Name: Promoting the Rule of Law Project Grantee Name: BABSEACLE Grant No.: PRL-G-001-05 Regional/international study visits, placements and exchanges have benefited our law AGREE department in the development of our CLE programs and/or in our applying CLE methods in our law department classes. The survey also gathered information on the most important factors that, according to Mawlamyaing University, Taungoo University and YUDE, determined supported the successful development of CLE programs in their Law Department.

Regional and National Workshops

Study visits, Regional and International Clinician International in Residence, Externs, Conferences and Myanmar teacher Meetings placements

MOST IMPORTANT RESOURCES AND TOOLS FOR DEVELOPMENT OF CLE PROGRAMS

Various Equipment: Technical Trainings Book, Computers, (ex. video editig) Printers

Networking with other Law Departments, Organizationa and Institutions involved in the Justice Sector, Policy Makers

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Project Name: Promoting the Rule of Law Project Grantee Name: BABSEACLE Grant No.: PRL-G-001-05 Recommendations for Sustainability The findings and lessons learned from implementing and strengthening CLE programs in Myanmar illustrate there is a great depth of innovation and collaboration between the Consortium and the program’s diverse stakeholders when it comes to transforming legal education in Myanmar. The Consortium is sharing its practice-based policy, the guidance and practical strategies for fostering diverse stakeholder buy in to implement, strengthen and sustain CLE. The extent to which the Consortium’s recommendations are grounded in context-driven understanding, in which the voices of those intended as beneficiaries feature, provides unique and timely understandings that can be applied to similar and diverse contexts where the aim is to implement and/or strengthen and sustain CLE programs.

Firstly, there needs to be a growth of the understanding and appreciation of the goals, benefits and impact of CLE by both stakeholders and beneficiaries nationwide. As part of the Global Path of CLE in Myanmar, this information needs to be fit into a more comprehensive public awareness campaign which works to develop a stronger recognition and appreciation of the broad impact and reach of these justice education programs.

Effective public relations and outreach campaigns depend on sound strategic planning, an understanding of audiences and successful integration of outreach activities that drive positive outcomes and results. The CLE program should develop messages by understanding who is listening, what they ultimately hear the target say and the action they take as a result. Public opinion research, the use of new technologies (social media in primis), and a well-coordinated grassroots effort can have positive effects in getting the CLE programs message told.

Myanmar is a country in transition. Below are briefly summarized The Consortium’s recommendations to the main stakeholders involved in order to create long-term sustainable CLE programs.

Stakeholders involved in CLE Recommendations Programs Myanmar 1. Give more autonomy to law departments not only regarding finances, administration, Educational staff and faculty hiring, but also and especially regarding to the incorporation of CLE Policy Makers methodologies into current curriculum, their accreditation and development 2. Allow universities to accommodate and integrate CLE programs into their law department’s workload, to optimize law departments’ time and resources. 3. Include CLE as a component of the teacher promotion system, to incentivize teachers to apply CLE methods and to legitimize and acknowledge CLE’s value in legal education. 4. Ensure university students in CLE courses receive credit towards their law degree, to encourage their involvement. 5. Create a line item for CLE with university or law department budgets to ensure CLE program sustainability, to provide a constant economical support, so that CLE programs can effectively operate no matter what external financial supports are. 6. Develop policies to ensure that there is dedicated administrative staff in CLE Programs, to support CLE law teachers to handle the aforementioned tasks, so that law teachers have the available time and energy to carry out the substantive educational purpose of CLE. 7. Significantly improve the law department libraries, which are always in need of relevant and useful legal resources and materials.

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Project Name: Promoting the Rule of Law Project Grantee Name: BABSEACLE Grant No.: PRL-G-001-05 Stakeholders involved in CLE Recommendations Programs 8. Develop standards of best practices for CLE nationwide, to establish certain basic and ethical levels in a reasonable period of time. 9. Develop and approve new and revised curriculum and textbooks, to incorporate a reflective, student-centered, reflective practice and simultaneously focus on access to justice, ethical practice issues which develop knowledge, skills and values for effective and responsible participation in the legal profession. 10. Provide support for the development of a CLE course textbook, to provide academic substantive information and support for both teachers and students enrolled in CLE programs. Furthermore, these textbooks provide a foundation academic advocacy tool when and if the pedagogical value of CLE is brought into question. University Law 1. Develop a clear organizational CLE structure, leadership, distribution of duties, and Departments decision-making processes. Once law department teachers have a clear vision of their roles, the other actors involved, i.e., the local communities and legal practitioners, they will also have a better understanding of what their own roles are and increase the broader benefits of access to justice for all concerned. 2. Engage in information sharing and proactive outreach with other CLE Programs in Myanmar, regionally and internationally, to ensure their sustained growth. Such work should include sharing information about experiences, problems, and solutions unique to operating CLE Programs in Myanmar. 3. Develop a formal, institutionalized, CLE Association/Network, able to play a key role in promoting CLE in Myanmar, supporting CLE trainings & conference, developing and assuring quality of CLE materials and then distributing them to law schools, encouraging the creation of model CLE programs, providing opportunities for teacher exchanges. 4. Engage in proactive outreach with local communities to assess and address their legal needs of local communities. 5. Provide a specific room or space for the CLE program, by providing a specific classroom or office for the CLE program, creating a much more effective working environment. 6. Engage in proactive outreach with members of the legal profession. Such relationships infuse a practical element in the CLE curriculum and expose CLE teachers and students to the realities of legal practice. 7. Foster constructive engagement with university leadership and stress the need of the Professor Head, Rector and law department teachers in encouraging and praising student’s involved in CLE activities and their contribution to pro bono work. 8. Foster interdisciplinary collaboration among the law department and other university departments, such as social work and medicine. Such interdisciplinary programs also greatly assist in promoting greater institutional buy-in for both the CLE program and use of CLE methods. 9. Develop an open dialogue between law teachers which creates a policy environment more facilitative of teacher engagement in CLE activities. 10. Strengthen linkages and networking. Networking is required for exchange of information or services among individuals, groups, or institutions for improvement and learning from others experiences. Networking and linkages between all stakeholders is a condition precedent for effective CLE program sustainability. A concerted effort from all the stakeholders would improve access to justice to the poor. For networking with regional and international CLE programs, technology can be used and it would be inexpensive. Networking helps in adopting best practices among the stakeholders and also in learning from each other.

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Project Name: Promoting the Rule of Law Project Grantee Name: BABSEACLE Grant No.: PRL-G-001-05 Stakeholders involved in CLE Recommendations Programs Access to As core components of CLE are about justice and education, actors and institutions in the Justice/Rule of access to justice/rule-of-law sector plays a vital role in ensuring the further Law Sector strengthening and sustainability of CLE in Myanmar. Below, some recommendations to furtherly increase the support of this sector.

1. Recognize university CLE programs that provide various types of legal aid related services, including client consultation, community legal education outreach, as formal legal aid service providers 2. Incorporate partnerships with CLE programs into nationwide legal aid/access to justice/rule-of-law planning 3. Engage in proactive outreach to university law departments to explore potential partnerships 4. Dedicate an adequate amount of time as well as human and potentially financial resources to the law departments 5. Encouraging law teachers and students to participate in trainings, roundtable discussions and community outreach 6. Involve university law teachers as co-trainers in access to justice/rule-of-law related workshops 7. Work with the CLE programs to create and revised materials and curriculum related to access to justice and rule-of-law 8. Host CLE related events at their institutions or attending as resource persons CLE related events held at the universities 9. Develop justice related externships for university students 10. Base legal aid and/or Rule-of-law centers at the universities 11. Engage in access to justice/rule-of-law related research with the law teachers and possibly students 12. Develop and implement a case/client referral system with the university CLE programs 13. Collaborate on community legal education/legal literacy outreach campaigns 14. Guest lecturing with the university CLE programs 15. Become an adjunct/visiting law teacher with the university CLE programs Private Legal For the most part, recommendations for the access to justice/rule-of-law sector also Sector apply to the private legal sector. In addition: 1. Lawyers of the private sector engaged in pro bono legal work can engage university law students to work with them in Externships focusing on this area of work. 2. Private sector lawyers can also work as referral services for CLE In-house consultation clinic programs if the nature of the client issue transcends the ability or scope of the university legal clinic program. 3. Private sector lawyers can also provide lawyering skills training to both teachers and students engaged in CLE programs. 4. Finally, the private sector lawyering community can also assist in delivering much needed financial sponsorship and support for the CLE programs. International Because CLE is a relatively new development in Myanmar, its nascent growth requires the Donor continuing diligence and support from the international donor community. Without Community international support, the transformation of legal education pedagogy and Myanmar university management culture would not be possible during this early stage. This community should refuse to myopically view CLE simply as an educational initiative but instead see it as a core component of transformational change. Flexibility, patience and

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Project Name: Promoting the Rule of Law Project Grantee Name: BABSEACLE Grant No.: PRL-G-001-05 Stakeholders involved in CLE Recommendations Programs understanding on the part of the donor community, coupled with capacity building of the universities and their personnel is a mandatory element in achieving this success.

Within this context the international donor community should:

1. While it is fundamental at this stage for the international donor community to continue to provide support for the development of CLE, this must be done in a way that does not create a dependency nor hamper local sustainability of the programs. International donors should focus on providing financial and technical assistance that will develop local capacity sufficient to make Myanmar law departments able to operate their own respective CLE Programs independent of foreign assistance. Furthermore, and support must be sensitive to the inequalities in Myanmar amongst the various actors of CLE Programs, including university law departments, greater universities, government ministries, local communities, legal professionals, and foreign id providers. Moreover, the support for the programs should be provided in a manner that is sensitive to the Myanmar history of oppression and inequality brought about internally and through their colonial past. 2. Incorporate local perspectives in the provision of support by actively receiving and responding to local perspectives. This will allow for the provision of technical assistance to address the specific complexities facing each law department. 3. Develop a collaborative relationship with the Myanmar law departments that includes a collective sense of shared risks, shared responsibilities, and shared rewards constituting a shared experience in a common endeavor of promoting self-sustaining CLE as an institutional component of Myanmar legal education.

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Project Name: Promoting the Rule of Law Project Grantee Name: BABSEACLE Grant No.: PRL-G-001-05

Activities Report

Meetings / Conferences/ Ceremonies Number Names and Outcome Location Topic of Date(s) Titles of Discussed M Wo Facility (hotel, office, etc.) Participants District(s) Province en men Nwe Mar was able to share the reporting techniques and 25th-26th PRLP Financial requirements necessary for reporting BABSEACLE February Management Nwe Mar 0 1 Yangon on this grant with all other team Office 2015 Training members.

Team better understands the reporting requirements, expense PRLP Financial calculation and formats required for May 2015 Management Nwe Mar, Naw Ei Ei Chaw 0 2 reporting Bago Region Taungoo Mother House Hotel Training

1. Debra (MJC Legal MJC is eager to accept teachers and Consultant) students to visit the MJC in small 2. Daw Nwe Nwe Aung groups MJC will invite MLU University Collaboration (MJC Co- Director) teachers and students to participate in between 3. U Htun Naing (MJC trainings and community awareness Mawlamyaing Head of the Office) Deborah will support the clinic set up 14th July University 4. U Han Nyein (MJC Co- 2 4 at MLU Mon State Mawlamyaing MJC Office 2015 (MLU) and Director) Mawlamyaing 5. Nwe Mar (BABSEACLE Justice Center National Coordinator) (MJC) 6. Naw Hsar Moo Paw (BABSEACLE Legal Trainer) 1. Dr. Doe Win, Deeper understanding of the work Ministry (Permanent Secretary, BABSEACLE and the Consortium are support forMinister of Education) 2. doing to further strengthen justice 28th Oct Clinical Legal Bruce Lasky (BABSEACLE education throughout Myanmar. As 3 3 NPT NPT MOE Office 2015 Education Director) well providing support for the activities and 3. Freda Grealy (Lawyer, workshops, trainings and other trainings The Law Society of activities BABSEACLE and the Ireland) Consortium are undertaking.

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Project Name: Promoting the Rule of Law Project Grantee Name: BABSEACLE Grant No.: PRL-G-001-05 4. Hsar Moo, (BABSEACLE Legal Trainer) 5. Kyaw Htin, (BABSEACLE Program Officer) 6. Nang Doi, (BABSEACLE Assistant Legal Trainer) 1. Three Irish Lawyers 2. Need to strengthen the collaboration 5 Lawyers and 1 between the different universities and Paralegal from Yangon stakeholders on Externship programs. Justice Center Both Universities and YJC committed Meeting at 3. 2 Teachers from Dagon to sponsor and develop the Externship the Yangon University program in the different law Justice Center 4. 2 Teachers from EYU departments. BABSEACLE committed 3rd with several 5. 1 Teacher from YU 6. to support these initiatives. February 6 12 Yangon Yangon Yangon Justice Center stakeholders Hsar Moo, (BABSEACLE 2016 regarding the Legal Trainer) Externship 7. Nang Doi, (BABSEACLE program Assistant Legal Trainer) 8. Deng (BABSEACLE team member) 9. Helen Yandell (BABSEACLE Director) 1. Hsar Moo Develop participants’ M&E skills (BABSEACLE Legal PRLP Training Trainer) 25th-26th on Monitor 2. Dang (BABSEACLE February 2 1 and team member) 2016 Evaluation 3. Kyaw Htin, (BABSEACLE Program Officer) Meeting on 1. Hsar Moo Develop participants’ knowledge and CLE (BABSEACLE Legal skills regarding Externship Programs’ Externship Trainer) supervision and Report Writing 31st March Program 2. Nang Doi, Yangon Yangon Yangon Justice Center 2016 Supervision (BABSEACLE and Report Assistant Legal Writing Trainer) 1. Hsar Moo Develop participants’ knowledge on (BABSEACLE Legal case analysis USAID Trainer) 23rd-24th Advanced 2. Nang Doi, 0 2 Pyay April 2016 Case Analysis (BABSEACLE Training Assistant Legal Trainer)

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Project Name: Promoting the Rule of Law Project Grantee Name: BABSEACLE Grant No.: PRL-G-001-05 Trainings / Workshops / Presentations

Type of Participants Number of Location Start Date End Date Title of Training Topics Taught (community leaders, judges, Facility (hotel, MOJ staff, etc.) Men Women District(s) Province office, etc.) 12th 14th Inaugural CLE methodology, CLELaw faculty teaching staff from December December Lower Mock Trial, lesson plans, Lower Myanmar universities 2014 2014 Myanmar CLEevaluations 33 Yangon Yangon YUDE Mock Trial Event Workshop 8th January 11th Access to Legal Ethics, Professional 76 total - Law faculty teaching 2015 January Justice Responsibility, Pro Bono staff and students (6 from Amphoe Chiang Mai Hill 2015 Weekend and Access to Justice, Myanmar including 1 from0 6 Chiang Mai Muang Hotel Monitoring and Taungoo, 1 from Mawlamyaing Assessing CLE Programs and 1 from 5th 6th Inaugural CLE Mock Trial Law faculty teaching staff, law February February Myanmar students 2015 2015 National CLE 23 57 Yangon YUDE Mock Trial Event Workshop 7th 8th Inaugural CLE Mock Trial Law students, law faculty February February Myanmar teaching staff, international Dagon 2015 2015 National CLE CLE experts, Myanmar law29 61 Yangon University Mock Trial officers Event 11th May 15th May 2nd National CLE Program Law faculty teaching staff from 2015 2015 Myanmar CLEPresentations, all 18 universities including the Summer School Monitoring & Evaluation, Rector and Pro Rector of Grant Taungoo Writing, University and the Administrative Speaker of the Bago Region. Taungoo Structures, CLE 4 56 Bago Region Taungoo University Accreditation, Supervision and Mentoring and Interviewing and Counseling Skills 11th July 13th July Interviewing Introduction Law Teachers on 2015 2015 and Counseling interviewing Law skill, Students Skills Workshop listening skill, interview Mawlamyine e note taking skills, 4 31 Mon State Mawlamyaing University questioning skills with Classroom access to justice case scenarios. 19th 19th YUDE CLE Mock The object of 8 Law the Teacher December December Trial Curriculum workshop was to teach 2015 2015 Development the participants how to Sagawa Meeting Workshop develop a successful and 0 8 Yangon Yangon Place, Yangon instructive CLE Mock Trial and how to strengthen current curricula.

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Project Name: Promoting the Rule of Law Project Grantee Name: BABSEACLE Grant No.: PRL-G-001-05 Type of Participants Number of Location Start Date End Date Title of Training Topics Taught (community leaders, judges, Facility (hotel, Men Women District(s) Province MOJ staff, etc.) office, etc.) 4th January 31st January CLE Mock Trial Strengthen students’ 9 Law Teachers 2016 2016 Workshop legal, analytical and 50 Law Students advocacy skills, increase students’ familiarity with Taungoo 15 44 Bago Region Taungoo CLE Mock Trial stages, and University develop students’ understanding of legal ethics. 2nd 2nd CLE Mock Trial CLE Mock trial is a 4 Law Teachers February February Workshop practical learning 16 Law Students 2016 2016 experience in which students simulate a local court trial of a minor civil dispute or criminal Mawlamyaing offence. Strengthen 4 16 Mon State Mawlamyaing University students’ legal, analytical Classroom and advocacy skills, increase students’ familiarity with CLE Mock Trial stages, and develop students understanding of legal ethics. 9th 10th Ethical Practice The main goal of the Project Director Junior Lawyers February February of Client workshop was to explore Chamber Lawyers Assistant 2016 2016 Centered the concept of client- Lecturers Advocate Tutors Lawyering centered lawyering as a Paralegals Lecturers Senior Workshop means of ensuring access Lawyers Secretary of MBA to justice. The workshop Senior Capacity Development was also really good Expert Legal Supporters Mawlamyaing 16 16 Mon State Mawlamyaing networking opportunity Justice Center to further strengthen the relationships between different actors of the legal system, and to improve the in-house clinics’ services

Mentoring Type of Participants Number of Location (community leaders, Start Date End Date Title of Clinic Topics Taught judges, MOJ staff, Facility (hotel, etc.) Men Women District(s) Province office, etc.)

14th January 7th March International Clinician Strategic planning, CLE Mock Don Peters 1 0 Mon State Mawlamyaing 2015 2015 in Residence at Trial training, English Language University Mawlamyaing Support, Teacher training University

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Project Name: Promoting the Rule of Law Project Grantee Name: BABSEACLE Grant No.: PRL-G-001-05 Type of Participants Number of Location (community leaders, Start Date End Date Title of Clinic Topics Taught judges, MOJ staff, Facility (hotel, etc.) Men Women District(s) Province office, etc.)

16th January 22nd International Strategic planning, CLE Mock Elizabeth (Bebs) 0 1 Yangon YUDE 2015 February Clinician in Trial training, English Chorak 2015 Residence at YUDE Language Support, Teacher training International Juvenile practice and Jane 1 Mon Mawlamyaing Clinician in supervision for In House Clinic Sanders State University Residence at Program Mawlamyaing University August 2015 Ongoing International Mentor Online support for strategic Internation 0 7 Bago Region Taungoo Taungoo for Taungoo University planning, grant writing, al Mentor University proposals, English Language ICIR (Thip Online Support, CLE development Nouansyvo ng) Law Teachers BABSEACLE Legal Trainer November Ongoing International Mentor Online support for strategic Jake 1 0 Mon 2014 for Mawlamyaing planning, grant writing, Stevens State University proposals, English Language Support, CLE development November Ongoing International Mentor Online support for strategic Lisa Bliss 0 1 Bago 2014 for Taungoo University planning, grant writing, Region proposals, English Language Support, CLE development November Ongoing International Mentor Online support for strategic Elizabeth (Bebs) 0 1 Yangon 2014 for YUDE planning, grant writing, Chorak proposals, English Language Support, CLE development November Ongoing International Mentor Online support for strategic International Mentor 0 5 Yangon Yangon YUDE Online 2014 for YUDE planning, grant writing, former ICIR (Elizabeth proposals, English Language (Bebs) Chorak) Support, CLE development BABSEACLE Legal Trainer November Ongoing International Mentor Online support for strategic International Mentor 1 6 Mon State Mawlamyai Mawlamyaing 2014 for Mawlamyaing planning, grant writing, former ICIR (Don ng University University proposals, English Language Peters) Law Teachers Online Support, CLE development May 2015 Ongoing Local Mentor for Support for strategic planning, Laphai Nang Doi 0 1 Mon Mawlamyaing grant writing, proposals, and State University CLE development. Act as liaison between university and international mentor

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Project Name: Promoting the Rule of Law Project Grantee Name: BABSEACLE Grant No.: PRL-G-001-05 Type of Participants Number of Location (community leaders, Start Date End Date Title of Clinic Topics Taught judges, MOJ staff, Facility (hotel, etc.) Men Women District(s) Province office, etc.)

May 2015 Ongoing Local Mentor for Support for strategic planning, Laphai Nang Doi 0 1 Bago Taungoo University grant writing, proposals, and Region CLE development. Act as liaison between university and international mentor May 2015 Ongoing Local Mentor for YUDE Support for strategic planning, Hlaing Myint Kyaw 1 0 Yangon grant writing, proposals, and CLE development. Act as liaison between university and international mentor

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Project Name: Promoting the Rule of Law Project Grantee Name: BABSEACLE Grant No.: PRL-G-001-05 Activity Photos and Participants’ Quotes

Inaugural Myanmar National CLE Mock Trial, Dagon University, 7th-8th February 2015

“The Mock Trial event was a small idea two years ago. I am so proud that such a small idea has come such a long way”. – Helen Yandell, BABSEACLE

“This month, I returned to Myanmar to participate in the Inaugural Myanmar National CLE Mock Trial Event in Yangon. I was simply amazed at the continued progress made by the students, with the help of their teachers. They were so well-prepared, enthusiastic and confident. It was a privilege to watch them perform as advocates, work in teams and work with their law school teachers. I consider the CLE Mock Trial event a huge success and testament to the success of Clinical Legal Education in Myanmar.” – Andrew Valentine, DLA Piper/New Perimeter USA.

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Project Name: Promoting the Rule of Law Project Grantee Name: BABSEACLE Grant No.: PRL-G-001-05 2015 Taungoo University - ICIR Placement and CLE Class where Law Students Participate Using Interactive CLE Teaching Methods

Above, Participants at the 2nd National Myanmar CLE Summer School, Taungoo University, 11th – 15th May 2015

“My experience at CLE Summer School increased my understanding of teaching methods. In addition, I now feel that I can write successful program proposals and will spread this knowledge at my university.” – Myint Nandar Thein, Assistant Lecturer, Taungoo University

"CLE methods are good for students, especially at distance universities, where it is very important to keep in touch and supervise effectively. CLE methods are interesting and students are more engaged with CLE lessons. The CLE Summer School gave law teachers a chance to share our knowledge and our opinions with other universities and hear their views to improve our teaching methods.” – Dr. Khin Htay Tint, Assistant Lecturer, YUD

Taungoo University – Externship CLE Clinic YUDE – Inaugural Lower Myanmar Mock Trial participants attending presentation/training with Workshop, 5th-6th February 2015 Lauren Donnison (ICIR) and law students from Queensland University of Technology (QUT)

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Project Name: Promoting the Rule of Law Project Grantee Name: BABSEACLE Grant No.: PRL-G-001-05

Annexes

Annex 1: Newspaper article on Inaugural National Myanmar CLE Mock Trial Training Event at YUDE Appeared in the News Light of Myanmar on February 6th 2015.

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Project Name: Promoting the Rule of Law Project Grantee Name: BABSEACLE Grant No.: PRL-G-001-05

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Project Name: Promoting the Rule of Law Project Grantee Name: BABSEACLE Grant No.: PRL-G-001-05

Available online here: http://www.mm.undp.org/content/myanmar/en/home/presscenter/articles/2015/02/09/ myanmar-national-inaugural-mock-trial-event-a-success/

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Project Name: Promoting the Rule of Law Project Grantee Name: BABSEACLE Grant No.: PRL-G-001-05 Annex 2 - ICIR Newsletter Article in the BABSEACLE Quarterly Newsletter

By Don Peters, ICIR-Myanmar, Professor of Law Emeritus, and Director Emeritus, Civil Clinics, Levin College of Law at the University of Florida

Mawlamyaing, Myanmar’s fourth largest city, is nestled between the fast-flowing Salewa River and hills topped by beautiful Pagodas, near the Andaman Sea. During my multi-week International Clinician In-Resident (ICIR) placement at Mawlamyaing University, I found that its Law Department has ambitiously responded to the efforts of BABSEACLE made up of Bridges Across Borders South East Asia Community Legal Education Initiative (BABSEACLE), DLA Piper/New Perimeter and Herbert Smith Freehill’s plan to assist in the development of clinical legal education in Myanmar. This is being assisted, in large part, through the support of the ‘USAID Promoting the Rule of Law Project (PRLP)’ and the United Nations Development Program (UNDP).

Led by dynamic and visionary Professor Head Saw, twenty four Law Department faculty members, operating in two teams of twelve, participated in daily planning discussions and training activities, which led to the approval and adoption of a three year strategic plan and a detailed course syllabi, to begin the first day of their next academic year that begins December 7, 2015. The plan calls for the creation of two clinical legal education programs. This plan includes the launching of the first CLE In-House clinic in Myanmar, a program that will deliver consultation and referral services to low income clients with family law problems. It also includes starting a CLE Mock Trial clinic. These programmes will be offered as part of a human rights course, which is part of the approved curriculum, but is currently not offered to its student body. An important component of this plan is the commitment, by the Mawlamyaing Law Department, to teach these clinics as one-term courses, for credit. By offering each clinic as a one term, for credit, course Mawlamyaing will provide a clinical legal education experience to every final year law student.

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Project Name: Promoting the Rule of Law Project Grantee Name: BABSEACLE Grant No.: PRL-G-001-05 Each participating Mawlamyaing faculty members, in their respective section teams, assumes and shares the responsibility for developing and teaching the clinic program. These teams share responsibility for writing detailed syllabus-approved class lesson plans for each class in the syllabuses they approved. They are also responsible for the development of roleplays; and for assembling the required reading materials for the courses. In addition to promoting social justice values, Mawlamyaing’s CLE In-House clinic will provide intensive skills and learning opportunities, initially regarding interviewing and counseling and in later years, negotiating and mediation. The CLE Mock Trial clinic also will promote social justice awareness and provide intensive skills, learning opportunities in strategic case planning, witness examination, and persuasion.

Mawlamyaing University plans to remodel two small rooms, on the first floor of its Law Department building, so that CLE In-House Clinic students and teaching team members can meet, hold classes, and conduct interviews. Efforts are also being made to develop a collaborating relationship with the Mawlamyaing City Justice Center where practicing lawyers may accept referrals from the Mawlamyaing University CLE In-House Clinic, and may consult with the teaching team members regarding local legal issues. All of us are very excited about this ambitious, but doable, plan and we are eager to assist efforts to make this plan a reality.

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Project Name: Promoting the Rule of Law Project Grantee Name: BABSEACLE Grant No.: PRL-G-001-05 Annex 3: Taungoo University’s article on the 2nd Myanmar National CLE Summer School

“CLE Summer School, Taungoo University” By: Dr. Khin Khin Yi, Professor Head

The second Myanmar Clinical Legal Education (CLE) Summer School Workshop was held at Taungoo University on May 11, 2015. Those attending the opening ceremony included Speaker for Bago Region Hlut Ttaw; representatives from United Nations Development Program (UNDP) and Bridges Across Borders South East Asia Community Legal Education (BABSEACLE); The Rector, Pro-rectors, Professors, and the staffs and instructors from the law departments of 18 Universities throughout Myanmar. The ceremony commenced at 9 am with addresses by the Speaker, Bago Region Hlut Taw, the Rector and representatives from UNDP and BABSEACLE. This Workshop was sponsored jointly by the following: BABSEACLE, DLA Piper/ New Perimeter, Herbert Smith Freehills, UNDP, and USAID. It provided a platform to create opportunities for continuing development of a curriculum with syllabi to strengthen the CLE programmes of all 18 law departments present. This workshop could be conducted because Taungoo University has signed the Memorandum of Understanding (MOU) drawn up by BABSEACLE, 10th September 2014. Bruce Avery Lasky introduced and began the course and the subjects international trainers covered were as follows: Monitoring and Evaluating CLE Programmes, Data Collection, Report Writing, CLE Programmes, Administrative Structures, CLE Program Supervision and Monitoring, Client In-take, Interview, Counselling, CLE Program Proposal Writing, CLE Program Course Accreditation. The teaching staffs of all 18 Universities were given the opportunity to submit their three- year strategic plans respectively, and each submission was followed by a period of consultation and discussion. Much knowledge was acquired on the parts of all participants regarding skills and values that would enable them to pass on what they have gained both theoretical and practical. International BABSEACLE trainers came here to conduct this workshop with a view to create the understanding of how CLE programmes are developed and taught in a University setting which applies an interactive, reflective CLE method .The CLE Summer School provided an excellent opportunity for all participants to learn lessons from each other by sharing their experiences. We were very fortunate to be able to relate with personnel from BABSEACLE and acquire invaluable materials and techniques from them. The CLE international network has provided us with substantive knowledge and skills on how to design and teach a CLE course clearly and effectively. Both trainers and trainees benefited much from this workshop. Methods of interviewing and practical demonstration did much to enhance our understanding and knowledge needed to develop our skills more efficiently.

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Project Name: Promoting the Rule of Law Project Grantee Name: BABSEACLE Grant No.: PRL-G-001-05 Annex 4: Mawlamyaing University’s article on Interviewing and Counselling Training

Feeling After Interviewing and Counseling Workshop By: Law Department, Mawlamyaing University

The wonderful Interviewing and Counseling Workshop event was successfully completed in the Law Department of Mawlamyaing University from 11th July 2015 to 13th July 2015. The program aims to provide students access to observe and learn from practical experience. Students were trained to practice law skills through activities and role-plays. Although it was just for three days, students, teachers, and local and foreign CLE trainers actively participated and discussed in this workshop. The workshop aimed to share and support the implementing of the legal clinic in Mawlamyaing University. At the same time, the university signed a Memorandum of Understanding (MOU) with BABSEACLE in order to promote and extend the collaboration for CLE programs of the university in future.

The workshop hosted 38 teachers and students from different years. The workshop was organized using interactive teaching methods, group work and practical role plays. The trainers shared their experiences, offered useful advice, and the participants had lots of opportunities to ask questions. Interviewing and counseling skills taught at this workshop included interviewing clients, listening and recording, analyzing and discussing cases, negotiation and writing for counseling, as well as document preparation.

Three days studying and working with experts and trainers gave us the kind of experiences we couldn't possibly have gained from lectures in university. Now we understand why the workshop has so many activities, to learn and teach interactively, to learn from and to teach one another. We learned about planning, teaching the law, duties of the lawyers and duties to the clients. In-house consultation clinics hope to offer practical lawyering skills and give free legal advice in office.

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Project Name: Promoting the Rule of Law Project Grantee Name: BABSEACLE Grant No.: PRL-G-001-05 Annex 5: International Clinician in Residence Placement Report

International Clinician in Residence - Thip Nouansyvong

University – Taungoo University

Dates – 1 August 2015 – 16 August 2015

Planning Memorandum

To: CLE teaching team

From: Thip Nouansyvong

Re: Planning meeting schedule

Date: August 5, 2015

Please review the following proposed meeting schedule for training discussions during my visit. This schedule lists the topics, exercise, and data files, we will discuss each session. We will meet every day from Monday to Friday start at 3:30 p.m. to 4:30 p.m. and Saturday 9:00 am to 11:30 am; when we can meet each of these days. I think selecting and calendaring times now will help us conclude these important conversations and make effective plan for community teaching program in Taungoo University.

Each meeting description we will discuss broadly, share experiences and determine if the session/topics fit and work for your CLE program. Then we can start to revise and improve language.

Wednesday, August 5, 2015

Topics: • Office management (daily operation, rule and policy) • Budget planning, proposal writing • Report writing Tasks: • Identify needed office equipment; • Divide responsibilities to list of equipment needed; • Draft proposal for budget plan; • Submit draft proposal on budget plan on August 10, 2015

Thursday, August 6, 2015

Topics: • Observation on Anti-Human Trafficking In Person Class; • CLE student practice on how to community teaching focus on anti-human trafficking in person;

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Project Name: Promoting the Rule of Law Project Grantee Name: BABSEACLE Grant No.: PRL-G-001-05 Friday, August 7, 2015 Topics: • Organization structure; o Job Description; • Establish CLE program policies • Office Procedure; o File management and maintenance • File saving, file maintenance Task: • Draft job description;

Saturday, August 8, 2015

• Office Procedure: o Report writing, basis financial report; o Meeting Minute o Time management; o Teamwork; • Basis computer skills: • Gmail, Google calendar, Dropbox, Google drive;

Monday, August 10, 2015 Topics: • Review draft budget plan; • Introduction to community teaching program and basic elements; • What are the educational goals of community teaching; • Things to know before the first day of teaching Task: • Prepare lesson plan for CLE class;

Tuesday, August 11, 2015 Topics: • Presentation skills and techniques; - How to give an effective presentation; - Introduction to Interview Skill: • What is an interview? - What are the purpose and goal of an interview?

Wednesday, August 12, 2015 Topics: • Lesson Plan Development; • Student Lesson Plan Development: Practice Lesson Plan • Introduction to Interview Skill: (continue) - Role play: the importance of interviewing and gaining valuable information. - What are the steps in an interview: - Questions and answers activity: what is not an interview: • What are the steps in an interview? Tasks:

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Project Name: Promoting the Rule of Law Project Grantee Name: BABSEACLE Grant No.: PRL-G-001-05 • Prepare and Develop Lesson Plan;

Thursday, August 13, 2015 Topics: • Setting and Maintaining a Community Teaching Program; o What are community legal education program; o What are community legal advisor; o What are the duties of community legal advisor; o How to set up a community setting; o How to maintain a community legal teaching program;

Friday, August 14, 2015 Topics: • Establish Community Relationship; • Assessment of community needs, training objective and goals setting; - Interview Skills: • Introduction/lecture on questioning skills - Lesson on open questioning and closed questioning - Introduction to how and when open and closed questioning should be used

Saturday, August 15, 2015 Topics: • Interview Skills: - Large groups exercise: what are the advantages and disadvantages of open questioning and closed questioning? - Case scenarios: examples of finding out information through the use of open and closed questioning • Introduction/lecture on listening skills - Building block exercise: illustrating the strengths and weaknesses of oral communication - Lesson on active listening and passive listening – responding to feelings and responding to information - Case scenarios: active listening techniques that can be used in certain problem scenarios - Responding to vaguely expressed feelings - Responding to unstated feelings - Responding to clearly articulated feelings • Establishing partnership with community; • CLE community teaching resources;

Monday, September 7, 2015 Topics: • Supervision and Feedback;

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Project Name: Promoting the Rule of Law Project Grantee Name: BABSEACLE Grant No.: PRL-G-001-05 • Journaling; • Introduction/lecture on interview note taking skills - Case scenarios: practicing recording relevant information and keeping coherent notes with different sections - Telephone game: demonstrating the importance of note-taking and the problems with oral communication/memory - Interview group activity 1: Be Fair

Tuesday, September 8, 2015 Topics: • Monitoring and Evaluation CLE program;

Wednesday, September 9, 2015 Topics: • CLE course and materials design; • How to integrate CLE interactive teaching method into existing course; Tasks: • Design course syllabus;

Thursday, September 10, 2015 Topics: • CLE course and materials design; • How to integrate CLE interactive teaching method into existing course; Tasks: • Design course syllabus;

Friday, September 11, 2015 Topics: • Developing fundraising proposal; • How to connect university with local justice related personnel and other potential supporters for the university CLE Program

Saturday, September 12, 2015 Topics: • Introduction/lecture on decision making skills • Case scenario: Be fair • Counseling group activity 1: Be Fair • University Expectations and future plan

ICIR Weekly Report from Taungoo University – 3 – 9 August 2015

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Project Name: Promoting the Rule of Law Project Grantee Name: BABSEACLE Grant No.: PRL-G-001-05 • Held first meeting with CLE teacher teams, debrief and discuss about CLE program including their strategy planning. Taungoo University interest in starting two CLE initiatives, a community teaching program (focus on anti-human trafficking in person) and a mock trial program (will handle the case on community teaching program, i.e.; human trafficking case to conduct mock trail class). A community teaching program was start in 1 July 2015 which consist of five lessons on anti-human trafficking. The teaching team finished teaching five lesson with students without teaching students about what is clinical legal education, goals and necessary topics related to program; however, we plan to work and develop the lesson plan to teaching students more topics to students. • Currently, the program has 46 students who intent to work with teachers and they are active to attend the class; • Debrief about ICIR placement with university, university expectation and planning schedule to work together in every day. ICIR will meet with teachers everyday Monday to Friday 3:30 p.m. to 4:30 p.m. and Saturday 9:00 a.m. to 11:30 a.m. • Conducted meeting and discuss with teaching on basis establish CLE program which focus on office managements, organizational structure, right and responsibility of each person including budget plan and office equipment/materials needs for program; • Conducted a discussion with teaching team about organization structure in more detail, job description in each person/section of the program in order to ensure that everyone understand their own responsibility and program systems. Additionally, training sessions also focus on office procedure on file management and maintenance and file saving including program establish CLE program policies. ICIR given an example job description from FLP CLE program from Laos and CLE program policy and assign teaching team to make their job description. • First observation CLE class. This class, teachers allowed student to practice teaching on antihuman trafficking. There were 6 students leading practice teaching class and being facilitators under supervisors of all teaching team. The student teams were active and did very good job. Their practice teaching including many type of teaching methodologies, i.e.; ice-breaker, lecture, group discussion and role play. However, the lesson plan needed to develop due to it consist long content of law and it cannot achieve the goal of lesson plan. • Conducted a sessions with teaching team about introduction to clinical legal education program and basis element that use power point to discussion. The discussion focus on what is CLE and goal, in order to ensure that teaching understand the important of the program and the reason why we need to CLE program setting up in the university. This lessons need to train the students to understand the general and specific of the program. In this session, teacher agreed to make a lesson plan and assign teaching team to teach student on next CLE class which ICIR will support. We have exercise with teachers on how to teaching students on these topics and how to use ice- breaker and interactive teaching methods into lesson plan. Teaching team will use power point and prepare materials for next CLE class. Therefore, ICIR discussed with teaching team about effective/standard CLE program, the program must to work hard and work as team to ensure that the program has standard. This session allow teaching team to think about what standard should have in their program. The small group discussion allowed they to think what stand should have, require and how to make it success. ICIR show up the slide with eight standards which teaching team will review and work with department about their program. Additionally, ICIR also trained teaching team about “Things to know before first day of teaching”. This session include question and answer, brainstorm.

Teaching team will use this topic to teach students before they send student to community.

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Project Name: Promoting the Rule of Law Project Grantee Name: BABSEACLE Grant No.: PRL-G-001-05 Law Department Strengths: • The teaching team shows up commitment to starting the CLE program and work with ICIR. At the first meeting, all teaching team came up and discussed about their program, program planning and expectation from ICIR. This semester, the university is implement the CLE class focus on community teaching program. The teaching team design and development lesson plan to teaching 46 students which have six teaching staffs allocate to teach students from Monday to Thursday 3:30 p.m. to 4:30 p.m. The teaching team has their own organization structure and allocates responsibility to individual person and work as team.

Law Department Needs: • Office equipment, i.e.: laptop, printer, cabinet, LCD projector, etc. There is only one computer as the department which is everyone can use it. However, it is difficult for teaching staff to use when they have CLE class and need to show power point. • Teaching materials: A4, A0 papers, makers, etc. There is limited of teaching materials for teaching teams. It is important for them to use when they have CLE class, including when student conduct community teaching at community.

Note: ICIR asked teaching team to list the office equipment and materials needed for their program. It is one part of budget planning and proposal writing for their task.

Challenges (Including ways to overcome challenges): • Basis computer skills: teaching team has limited of basic computer skills. ICIR plans a session to teach on this basis needed. • English skills: these both for teaching team and ICIR. Many of words, the teaching team do not understand clearly about the meaning. What ICIR trying to explain and speak in simple and slowly in order to ensure that teaching team get to main point of each session. • Lace of experiences to implement the office procedure on CLE program and clearly on their own responsibility. ICIR work with teaching team to organize the small training session on basic office procedure, develop organizational structure and writing job each description of each individual person who work with CLE program; • Lack of experience to make plan on community teaching program, and conduct CLE class. Due to the first time of teaching team starting to teach CLE students. At first, they focus only lesson on anti-human trafficking in person without teach other necessary skills for students. ICIR and teaching team will work together to increase more lesson and work plan to develop and teach students before send them to communities.

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Project Name: Promoting the Rule of Law Project Grantee Name: BABSEACLE Grant No.: PRL-G-001-05 ICIR Weekly Report from Taungoo University – 10 – 16 August 2015

• Last week, I have been trained teacher on Introduction to Clinical Legal Education Program and Goals and assigned teaching team to prepare their own lesson plan to teach students on the same topic. Due to when university conducted first CLE class, they did not plan to teach students on CLE program and goal, interactive teaching methodologies and how people learn. These topics are important for students to learn and practices before university send students to community to provide community teaching. • ICIR developed materials and session in each day to train law teacher and law students. Following were topics that demonstrate on CLE class and train law teachers:

1. Topics for CLE class: - Introduction to CLE program, goals and benefits; - Interactive teaching methods and how people learn; - Time management and team work skills; and - How to make lesson plan; The topics above were delivered by law teaching together with ICIR. ICIR came up only when law teachers cannot explained to law students or not sure the meaning of each session. Additionally, each class law teacher developed lesson plan and used interactive teaching method into lesson plan such as energizer, question and answer, group discussion, role play and brainstorming.

2. Topics to train law teachers: • Office procedure: • Report writing, basis financial report, meeting minute, time management and team work skills; • Presentation skills and techniques and how to give an effective presentation; • Lesson plan development; • Setting and maintaining a community teaching program; - What are community legal education program; - What are community legal advisor; - What are the duties of community legal advisors; - How to set up a community setting; - How to maintain a community legal teaching program; • Establish community relationship; • Assessment of community needs, training objective and goals setting; • Interview skills;

In each day, ICIR had conversation with law teacher regarding each topic and how can fits to their university and class. Mostly, ICIR demonstrated on how to teach this lesson into CLE class and ask them to prepared and practice. ICIR used many type of teaching methodology to train them included question and answers, brainstorming, group discussion, role play and practiced as facilitators.

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Project Name: Promoting the Rule of Law Project Grantee Name: BABSEACLE Grant No.: PRL-G-001-05 Therefore, ICIR also had a meeting with teaching team regarding develop CLE syllabus and curriculum. ICIR show an example from Malaysia and Thailand and allowed teaching team to discuss among themselves to develop syllabus and curriculum which will use for next term. ICIR also explained that syllabus should be included time when student going to community too. All training sessions and materials, ICIR given to teaching team to study, prepare and adopt to use for their CLE program. Additionally, ICIR given task to teaching team regarding job description in each unit based on their own structure, and prepared their materials to develop their own syllabus and curriculum for community teaching which comply with university policy.

Law Department Strengths: The teaching team more comfortable and exiting to learn new things and develop themselves in particular teaching skills by using interactive teaching methods; Teaching team given clearly responsibility to each person and prepare their lesson plan before teaching CLE class including giving an opportunity to all members to teach at CLE class; Professor Head support CLE program and attend the CLE training and observed CLE class and provided guidance to teaching team to make their CLE program effectively.

Law Department Needs: • Office equipment and teaching materials.

Challenges (Including ways to overcome challenges): • Time management: Besides running CLE program, law teacher also has their class and work at department and make them busy every day. Even we set up time to meet 3:30 PM each day sometimes they seems very tired, and on Friday some of them travel back to Yangon to meet their family. IRIC did a training and provided materials to law teachers and allowed them to shared materials to team and if someone does not understand about the session/materials they can come to meet with IRIC and will have conversation with them in order to ensure the effective training; • Lesson Plan Development: law teacher developed their own lesson plan for community teaching which focus on an-human trafficking, and will hand over this lesson plan to students who are going to community. However, it seems that their lesson plan is too big and contains lots of laws; it will make their lesson weak and unsuccessful if they teach in community. IRIC organized a training which focus on how to make lesson plan with teaching team and explain to them why we need to have narrow, specific and relevance to community. This lesson plan, law teacher can teach at CLE class and teach student to develop lesson plan. • Experiences to develop CLE syllabus and curriculum for community teaching: law teacher lack of experiences to make CLE syllabus and curriculum. ICIR given an example to them and give task to law teaching to develop their own syllabus and will work closely with ICIR for next step.

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Project Name: Promoting the Rule of Law Project Grantee Name: BABSEACLE Grant No.: PRL-G-001-05 Annex 6 – A reflective report written by the teacher who attended the GAJE/IJCLE 8th worldwide conference in partnership with the 13th IJCLE conference and training of trainers workshop in Turkey

Su Nandar Mawlamyine University, Ministry of Education, Myanmar.

8.8.2015

REPORT DETAILS Write a brief introduction of yourself, about the GAJE 8th Worldwide Conference in Partnership with the 13th IJCLE Conference and Training of Trainers Workshop, and what this report is about.

I am Su Nandar and work as a tutor at the department of law, Mawlamyaing University. Our University tries to start the house clinic and running the mock trial. As I am the member of the lesson plan making in our department, I am enthuses to study “how to make the lesson plan and teaching methods to use in the class. I am reporting what I studied and practice in IJCLE Conference.

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Project Name: Promoting the Rule of Law Project Grantee Name: BABSEACLE Grant No.: PRL-G-001-05

INITIAL OBJECTIVES

What was your initial objective for participating in the GAJE 8th Worldwide Conference in Partnership with the 13th IJCLE Conference and Training of Trainers Workshop? (please write a minimum of 200 words).

I am one of the members of mock trial and liaison officer for both clinics. I am interested to study “how to make lesson plan for our clinic. I want to use the reflective and interactive in the class. Actually, it is my first time to prepare the lesson plan and debrief with timing. Therefore, I more interested the Training and Trainers Workshop than the Conference. I attended 4 classes for a day in the conference days. In some class, I can participate in the lecture of speaker but in some class, I don’t know what they teach. It is because of my poor knowledge about clinical legal education and language barrier. In the conference Day, I got the knowledge about “how to find the fund for one clinic. In my summer school, I learned how to find the donor and how to prepare one proposal for the financial and expert assistance for the clinic. But I have no idea for the fund after the proposal time. We only thought for the study from BABSEA and teaching to the students. We only rely on the BABSEA and others donors. Now, I understand to show what we can do for the community through our program. It may build the trust between the local authority and our department. If so, we can stand the budget from the local government and no need to worry for the permission problem. Therefore, I understand 2 things from this conference. First one is- we need to clear how to read the law and not to teach the sections and law only and the second idea is how to stand the clinic after the BABSEA programme.

INITIAL CONCERNS AND CHALLENGES

What were some of your initial concerns and challenges about participating in the GAJE 8th Worldwide Conference in Partnership with the 13th IJCLE Conference and Training of Trainers Workshop? (please write a minimum of 300 words)

At the conference days, I am only attended the class and discuss what I want to know more about Clinical Legal Education. Most of the countries have more experience than Myanmar and I stand as learner only. The one difficult thing for me in this conference is I forget my duty for my department as the liaison for the house clinic and sometime I attend the class as my profession. I study human trafficking issue, migrant issue and corruption issue of Myanmar. That why, I attend some class related with my study life and not related to my department need. But some classes are really useful for us to establish the

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Project Name: Promoting the Rule of Law Project Grantee Name: BABSEACLE Grant No.: PRL-G-001-05 house clinic and social justice. *To establish the street law firm will become the challenge for us, especially to get the permission and budget. In the discussion for street law, their main challenges are budget and migrant of the children. In Myanmar, movement of children that we target is not the problem one. In the category of children, most of the participant though the homeless person and orphan. But for me, we can focus on the one parentless child (father or mother). Some children are lucky though their one parent remarriage again, they have opportunity to go to school. But some children have no opportunity and they become unofficial worker at teashop, construction, agricultural sectors or sell flowers, journals, seasonal items or tricycle transportation service. Therefore, we can focus on those children. We can easily find them and some of them are still student or want to attend the school. In that activity, we can meet the challenges not only the permission from the child’s guardian and permission from the local authority. Most of our society though that it’s shame for them and prejudice to their dignity. They are hard to assistance from other for their child, even though they cannot send their children to school. Therefore, we need to pass their traditional view for this program. We need to discuss and explain to the guardian and support some financial assistance to their family. Some family rely on the earned of child.

SESSION SPECIFIC REFELCTION

Write a brief summary describing some of the activities that you found to be helpful and useful that you participated in during the conference and workshop. When describing them please explain how and why they were helpful and useful. Helpful and useful can include activities that were helpful and useful to you personally, professionally, others, society, etc. (Please write a minimum of 150 words for each activity) You are more than encouraged to write about more than three useful activities below. Please name each session that you participated in, where it says ‘session 1/2/3’ etc. Please also add photographs under the sessions you participated in, naming people in the photo and what session it was.

GAJE 8TH WORLDWIDE CONFERENCE IN PARTNERSHIP WITH THE 13TH IJCLE CONFERENCE DAY 1

SESSION 1 & 2

Describe one of the activities that you found to be helpful and useful that you participated in during the training workshop. When describing them please explain how and why they were helpful and useful to you.

Session 1 and 2 is discussed about the horizontal and vertical collaborations for clinic sustainability. There are 2 presenters and they discuss how to seek

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Project Name: Promoting the Rule of Law Project Grantee Name: BABSEACLE Grant No.: PRL-G-001-05 course credit and to develop the syllabus. In Myanmar, we more focusing to establish the Mock trail and it is difficult to establish the Clinic. We face the challenges to communicate the law firm and to get the permission from the rector. Ministry of Education (MOE) permits us what we want to do and the rector has to take all responsibility for us. Therefore, it becomes the responsibility problem between the MOE and the rector and we become reaching out of water. The presenters point us to focus the interest of the students and students are the actual participant and we are just guide for them. The other interesting topic in this class is how the clinic stands tall without the support of donor or NGOs. Our clinic needs to show what we can help to our university and prefecture. Then need to claim the official recognition from the prefecture and some budget. It is an interesting class for me. SESSION 3

Describe one of the activities that you found to be helpful and useful that you participated in during the training workshop. When describing them please explain how and why they were helpful and useful to you.

Actually, I cannot understand well the early lecture of session 3 because I cannot catch the words what they said. But the presenter uses the visual aid and distributes the hand out. Therefore, I can read at night. Moreover, presenter let us to discuss with him and most of the participants are law professor and lawyer. Therefore, I can understand more about the lecture and more interested to listen, even though I cannot discuss with them. They discuss about the corruption and how to encounter as the clinic. It is the big issue in Myanmar and I appreciate what they discuss. I got an idea how to teach and what materials what should we use. But most of the teachers in our country have technical barrier to use visual aids, though the power point presentation are very good to study and teach. Moreover, Most of the teachers have no personal computer and they only rely on the text books. Most of the teachers are not check their syllabus and reference book what they teach and we cannot understand how to make the lesson plan. Our lesson plan is depend on the content of the text books. The other things that I notice in that session is they are not discuss about the law and just discuss about the challenges and share their knowledge. Therefore, I found out the different between our law text books and what they teach. We need to change to study of law text. We need to study how to read the law and how to overcome the challenges what we meet. We don’t know how to make the program and confuse the outcomes and goal. Therefore, we cannot check which level that we reach.

SESSION 4

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Project Name: Promoting the Rule of Law Project Grantee Name: BABSEACLE Grant No.: PRL-G-001-05 Describe one of the activities that you found to be helpful and useful that you participated in during the training workshop. When describing them please explain how and why they were helpful and useful to you.

This session is discussion about the National wide Development of CLE in Laos and its strength and challenges. They present the participation of students and teachers. They run the program as non-credit system but held the examination for that program. Some of Myanmar University also met that challenge to get the permission. The other session is how did clinical program survive and develop in A Developing Country: A perspective from China. In this session professor Xuemei Hu presented that their students can appear before the court and represent on behalf of the client. It’s a good persuasion for students. As a teacher, we need to guide the critical skill and give the opportunity to show their ability to our students. DAY 2

SESSION 1

Describe one of the activities that you found to be helpful and useful that you participated in during the training workshop. When describing them please explain how and why they were helpful and useful to you.

In this session, we discuss about the women rights and how the clinic can help to them. Clinic is not only the place to study but also practice the law. Moreover, I understand how to make project for community teaching. It is a useful idea for me to us in our university. We thought that Community teaching is the sharing knowledge to the community. In that project, one or more teacher explains the legal knowledge to the community. The actual community teaching is made by the students and it is good opportunity to show what they can do and to understand their ability and value. SESSION 2 & 3

Describe one of the activities that you found to be helpful and useful that you participated in during the training workshop. When describing them please explain how and why they were helpful and useful to you.

This is the presentation about Myanmar. Ms. Nwe Mar point out the top down system permission of Myanmar. And we discuss the challenges with small group and large group. Moreover, we use debate our argument. Therefore, these small group discussion and present the argument in front of the class is the effective teaching method for me and I will use these two methods in my class.

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Project Name: Promoting the Rule of Law Project Grantee Name: BABSEACLE Grant No.: PRL-G-001-05

SESSION 4

Describe one of the activities that you found to be helpful and useful that you participated in during the training workshop. When describing them please explain how and why they were helpful and useful to you.

Evening session is the field trip to jail. It’s a good experience for me and can check the condition of the prisoners. DAY 3

SESSION 1 & 2

Describe one of the activities that you found to be helpful and useful that you participated in during the training workshop. When describing them please explain how and why they were helpful and useful to you.

In this session, we discuss about the street law at Indonesia and how they implement in their country. They use not only the power point but also singing song and give small present to the persons who discuss on behalf of the small group. Even though the small present, we love them and more excited when we received those present. It is surprise for me. That can be one way to persuade to my student. That present show the recognition of the teacher to her student. Moreover, singing the short poem make us relax and refresh from boring lecture. We listening many presentation and brain storming. Therefore, singing the song together make us relax. Small group discussion and present what we found before the class is an exciting one. But some peoples don’t dare to come up to the class and singing together is the forwarding step to listen their sound and it can more active to the class. I can study how to make a facilitator and to guide university students in community teaching. In the community teaching program, we can focus to the high school students,

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Project Name: Promoting the Rule of Law Project Grantee Name: BABSEACLE Grant No.: PRL-G-001-05 children in conflict with the law, street children and house wife. In our country, we only focus to the industrial zone and farmers. But sometime, their problems are sensitive issue and we cannot get the permission from the local authority. Therefore, we can target to the market. Market is the common place and it is the easy way to share the knowledge. It is the direct way to protect the domestic violence, force labor and human trafficking. SESSION 3

Describe one of the activities that you found to be helpful and useful that you participated in during the training workshop. When describing them please explain how and why they were helpful and useful to you.

In this session, I got one idea to train our students to speak before the class, from the presenter. We can use Roll play. The other is we need to collaborate with the department of psychology. In other country, they use actual psychologist to teach their students. SESSION 4

Describe one of the activities that you found to be helpful and useful that you participated in during the training workshop. When describing them please explain how and why they were helpful and useful to you.

This session is discussed about the prisoner rights. I can study the estimate of prisoner in Italy and their opinion over the prisoners. The presenters make a survey for the immigrant prisoners and interview to them. They classify two categories in their survey with the help of their students. Category one is the objective element and the other is subjective element. It is a good perspective for their students not to bias and not to think criminal early. We need to sympathize, seek for justice and jail is the school for repair moral. As for me, I want my student to visit not only to the court but also to the jail. DAY 4

SESSION 1

Describe one of the activities that you found to be helpful and useful that you participated in during the training workshop. When describing them please explain how and why they were helpful and useful to you.

SORRY, I ABSENT DAY 4 BECAUSE OF MY HEALTH CONDITION.

TRAINING OF TRAINERS WORKSHOP DAY 1

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Project Name: Promoting the Rule of Law Project Grantee Name: BABSEACLE Grant No.: PRL-G-001-05 Describe one of the activities that you found to be helpful and useful that you participated in during the training workshop. When describing them please explain how and why they were helpful and useful to you.

I got a lecture how to make the lesson plan and to be effective. We categorized the class and points in small group. Draw a horizontal line with 0 to 10 to evaluate student ability and which character are help to be good student and what are the learning outcomes. And we arrange for TOT context. In this day, I got the higher order thinking skills, to use knowledge, skill and value. The best thing that I got in day 2 is check and rethinks what we study for the whole day. Therefore, I will use this teaching method in my class. It can memorize that we miss during the lecture. DAY 2

Describe one of the activities that you found to be helpful and useful that you participated in during the training workshop. When describing them please explain how and why they were helpful and useful to you.

This is my first experience to make a lesson plan and really hard to draw it. We need to think timing, value, outcome, activity, goal, what, how and why, according to the morning lecture and group discussion of Mr. Bruce.

IMPROVEMENT IN SKILLS

Make a list of all the skills that have been increased since returning from the GAJE 8th Worldwide Conference in Partnership with the 13th IJCLE Conference and Training of Trainers Workshop. (You are not limited to five skills and may write more if needed) Teaching Skills Other Skills Small group discussion and Large group How to make facilitator discussion Pair and share Finishing thinking what we study for the whole day Each one teach one Debrief and snow ball. Roll play Quick write IDEAS FOR STRENGTHENING AND/OR IMPROVING MY CLE PROGRAM IN MYANMAR

Brief summary on ways you are now able to strengthen, improve or positively change things you can do with your CLE program in Myanmar NAME OF IDEA 1

Explain in detail what way you are now able to improve or positively change things you can do with your CLE program in Myanmar

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Project Name: Promoting the Rule of Law Project Grantee Name: BABSEACLE Grant No.: PRL-G-001-05 Before I attend this conference I use the lecture note and text books in my teaching life. We teach only law and we need to change that teaching style. I prefer to teach how to read law and how to apply law for social justice. If we can set up this new subject, we no more need the exam and parrot learning system. Student will understand how to use the law in practice. NAME OF IDEA 2

Explain in detail what way you are now able to improve or positively change things you can do with your CLE program in Myanmar

I want to use not only the group discussion but also debrief and each one teach one system. It can improve the ice brake between the teacher and students. As a teacher, I want to listen the student voice and want to evaluate the outcome. If I used debrief, I will be useful to listen what the students learn.

REFLECTION ON MY FUTURE IN THE LEGAL/EDUCATION PROFESSION IN MYANMAR

Write a short description on how and why participating in the program has helped you as a law student and your future legal/education profession.

CLE program can improve the teaching skill of teacher and well understand how to share between us. We are not sharing what we knew and that knowledge is stop in that person. Now, we have to share what we knew because we have to demonstrate before the students. So we become from theory and law teaching to legal practice for social justice.

CONCLUSION

Summarize and reflect on your experience while you were at the GAJE 8th Worldwide Conference in Partnership with the 13th IJCLE Conference and Training of Trainers Workshop. Please add pictures of the conference and workshop with a blurb of who is in the picture, as well as when and where the pictures were taken.

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Project Name: Promoting the Rule of Law Project Grantee Name: BABSEACLE Grant No.: PRL-G-001-05 We are more friendly not only other country but also between Myanmar. I got many friend and can share challenges and got the way to overcome that challenges. Some are similar challenges and they explain how they overcome their problem. But we have still some challenges. Friendship between GAJE participants is the good one to discuss the teaching method because we can contact through mail and face.

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Project Name: Promoting the Rule of Law Project Grantee Name: BABSEACLE Grant No.: PRL-G-001-05

Annex 7: 2016 Myanmar University CLE Development Interim Survey

1. Survey Participant Information Name: ______Position: ______Email: ______Phone: ______

Date: ______

2. University Information 2.1 Name of University: 2.2 Number of Academic Staff: Position Number

Professor Head Professors Associate Professors Lecturers Assistant Lecturers Tutors Administrative Support Staff

The Following CLE Programmes Currently Exist at Our University: CLE Program YES NO Do the students receive course credit (this can include the program being a part of an existing credited course?

Community Teaching YES NO

CLE Mock Trial YES NO

Externship YES NO

In-House Consultation (Client YES NO Services) Other - Specify YES NO

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Project Name: Promoting the Rule of Law Project Grantee Name: BABSEACLE Grant No.: PRL-G-001-05

3. Belief Statements on the Goals of CLE

Please indicate your answer to the below questions by Strongly Disagree Agree Strongly marking (X) in only one option. Disagree e Agree e

3.1. CLE programmes and/or the use of CLE methods provide law students with increased knowledge, skills and appreciation of the values related to the practice of law in Myanmar that they do not learn in other university law courses.

3.2. CLE programmes, and/or the use of CLE methods, help to provide supplemental legal services for vulnerable people in Myanmar who would not otherwise have them.

3.3. Teachers participating in CLE programmes and/or those using CLE methods make important education contributions, bring closer relationship between the legal community and the universities.

3.4 Teachers participating in CLE programmes and/or those using CLE methods are brought close to, and make stronger relationships with, the legal community and the universities.

3.5. Using CLE teaching methods inspires students to engage in learning the law in ways that lectures or readings often cannot.

3.6. Requiring students to reflect on their learning is an effective means of assisting them in university learning.

3.7. CLE programmes and/or the use of CLE methods enhances the ethical development of individuals in the justice sector and encourage them to provide legal assistance and protection for underserved and vulnerable populations.

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Project Name: Promoting the Rule of Law Project Grantee Name: BABSEACLE Grant No.: PRL-G-001-05 3.8. CLE programmes and/or the use of CLE methods can strengthen the rule and law and access to justice in Myanmar.

3.9. CLE teaching methods should be integrated into the classroom teaching of most courses in the law department.

Please indicate your answer to the below questions by Strongly Disagree Agree Strongly marking (X) in only one option. Disagree e Agree e

3.10 CLE programmes should be an elective course in my . law department.

3.11 CLE programmes should be a compulsory course in my . law department.

3.12 CLE programmes and/or the use of CLE methods will . lead to the ethical strengthening of the Myanmar legal community.

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Project Name: Promoting the Rule of Law Project Grantee Name: BABSEACLE Grant No.: PRL-G-001-05 4. Demographics on CLE in Myanmar (from 2013 to present) Please indicate your answer to the question by answers highlighting or circling the number that bests the Statement. 4.1. How many teachers at your university have participated 0 in one or more CLE activities (including workshops, 1-5 6-14 trainings, meetings, observations, study trips, 15-24 25-50 conferences, etc.)? 51-100 100+

4.2. How many students at your university have participated 0 in one or more CLE activities (including community 1-5 6-14 teaching, CLE Mock trial trainings, externships, 15-24 25-50 workshops, trainings, meetings, observations)? 51-100 100+

4.3. How many community members have received legal 0 knowledge/ support from CLE activities with your 1-5 university students and teachers? 6-14 15-24 25-50 51-100 100+

4.4. How many teachers at your university use CLE teaching 0 methods? 1-5 6-14 15-24 25-50 51-100 100+

4.5. How many law teachers at your university teach a CLE 0 class? 1-5 6-14 15-24 25-50 51-100 100+

4.6. How many hours per semester do students participate 0 in CLE activities? 1-5 6-14 15-24 25-50 51-100 100+

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Project Name: Promoting the Rule of Law Project Grantee Name: BABSEACLE Grant No.: PRL-G-001-05 4.7. How many teachers trained in CLE at your law 0 department were transferred to other law 1-5 Please indicate your answer to the question by answers highlighting or circling the number that bests the Statement. Departments? 6-14 15-24 25-50 51-100 100+

4.8. How many teachers trained in CLE at other law 0 departments were transferred to your law department? 1-5 6-14 15-24 25-50 51-100 100+

4.9. Following the question above (2.8), how many of these 0 teachers are actively engaged in CLE at your law 1-5 department? 6-14 15-24 25-50 51-100 100+

4.10 How many persons, including International 0 . Clinicians In-Residence and International CLE Extern 1-5 Students, were placed in your law department? 6-14 15-24 25-50 51-100 100+

5. The Impact of CLE and the Need for Support 5.1. In my university’s law department there have been positive changes/ growth / development since it has been applying CLE programme/s and/or since it has been applying CLE methods in our law department classes. To a Great Extent

Somewhat

A Little

Not at All

What were some of the changes, growth or development you observed?

______

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Project Name: Promoting the Rule of Law Project Grantee Name: BABSEACLE Grant No.: PRL-G-001-05

5.2. In my university’s law department there have been positive changes/ growth / development in our teachers since it has started a CLE programme/s and/or since it has been applying CLE methods in our law department classes. To a Great Extent

Somewhat

A Little

Not at All

What were some of the changes, growth or development you observed?

______

5.3. In my university’s law department there have been positive changes/ growth / development in our law students since it has started a CLE programme/s and/or since it has been applying CLE methods in our law department classes. To a Great Extent

Somewhat

A Little

Not at All

What were some of the changes, growth or development you observed?

______

5.4. The university’s local community has experienced access to justice benefits since our law department implemented a CLE program and/or since it has been applying CLE methods in our law department classes. To a Great Extent

Somewhat

A Little

Not at All

What were some of the benefits to your local community you observed?

______

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Project Name: Promoting the Rule of Law Project Grantee Name: BABSEACLE Grant No.: PRL-G-001-05 5.5. There has been an attitude change in teachers, students and others toward social justice in our law department since our law department has implemented CLE programmes, and/or since it has been applying CLE methods in our law department classes. To a Great Extent

Somewhat

A Little

Not at All

What were some of the attitude changes in teachers, students and others toward social justice that you observed?

______

5.6. There has been an attitude change toward vulnerable communities in teachers, students and others in our law department since our law department has implemented CLE programmes, and/or since it has been applying CLE methods in our law department classes. To a Great Extent

Somewhat

A Little

Not at All

What were some of the attitude changes in teachers, students and others toward vulnerable communities that you observed?

______

5.7. Vulnerable communities will benefit from a strengthening of our CLE program and/or by our applying CLE methods in our law department classes. Strongly Agree

Agree

Disagree

Strongly Disagree

Please explain your reasoning.

______

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Project Name: Promoting the Rule of Law Project Grantee Name: BABSEACLE Grant No.: PRL-G-001-05 5.8. Students, as future persons in the justice sector, benefit from being involved in the university’s CLE programmes, and/or by being in law department classes that apply CLE methods. Strongly Agree

Agree

Disagree

Strongly Disagree

Please explain your reasoning and what if any benefits you feel there may be.

______

5.9. For CLE to further develop and become sustainable at the university and in Myanmar, it needs ongoing support from the law department, the university, as well as policy makers, members of the justice sector, donors and/or others. Strongly Agree

Agree

Disagree

Strongly Disagree

Please explain your reasoning and what support you feel may be needed and by whom.

______

5.10. Working with the BABSEACLE national and international team members and BABSEACLE’s Consortium Partners (DLA Piper/New Perimeter and Herbert Smith Freehills) have benefited our law department in the development of CLE programmes and/or in applying CLE methods in our law department classes. Strongly Agree

Agree

Disagree

Strongly Disagree

Please explain your reasoning.

______

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Project Name: Promoting the Rule of Law Project Grantee Name: BABSEACLE Grant No.: PRL-G-001-05 5.11. Working with partner Myanmar universities has benefited our law department in the development of our CLE programmes and/or in applying CLE methods in our law department classes. Strongly Agree Strongly Agree

Agree

Disagree

Strongly Disagree

Please explain your reasoning.

______

5.12. Regional/international study visits, placements and exchanges have benefited our law department in the development of our CLE programmes and/or in our applying CLE methods in our law department classes. Strongly Agree

Agree

Disagree

Strongly Disagree

Please explain your reasoning.

______

5.13. The placement of an International Clinician In-Resident (ICIR) at our university law department has assisted in the development of our CLE programmes and/or in our applying CLE methods in our law department classes. Strongly Agree

Agree

Disagree

Strongly Disagree

Does not apply because we did not have an ICIR placed at our university Please explain your reasoning

______

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Project Name: Promoting the Rule of Law Project Grantee Name: BABSEACLE Grant No.: PRL-G-001-05 5.14. The placement of International CLE Extern Students to teach CLE English at our university law department has assisted in the development of our CLE programmes and/or in our applying CLE methods in our law department classes. Strongly Agree

Agree

Disagree

Strongly Disagree

Does not apply because we did not have CLE Extern Students placed at our university Please explain your reasoning

______

5.15. Please select the various kinds of technical support that have been useful in the development of your CLE program and/or your applying CLE methods in your law department classes? (please check ALL that apply) National CLE Workshops

CLE Workshops Held at Your University Regional Study Visits

International Study Visits

Signing of a Memorandum of Understanding (MOU) with Your University International Clinicians In-Residence Placement at Your University

Myanmar Law Teacher Placement in CLE Programmes Outside Myanmar

Books & Resources Connecting Your Law Department to Other Persons, Organizations, and Institutions Involved in the

Computers, Printers and other Equipment

Training on Video Filming of CLE Related Activities Strategic Planning Training

Advocating for Your Law Department with Your Rector, Asanya, MOE, the Board of Legal Studies and Other Policy Makers to Support CLE

Micro-grants

Support to Complete Monthly Activity Reports

Building and Supporting of the Myanmar CLE Network

Connecting to Regional and International Networks such as SEACLEA; GAJE; IJCLE; Asia Pro Bono Conference & Legal Ethics Forum Network, etc.

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Project Name: Promoting the Rule of Law Project Grantee Name: BABSEACLE Grant No.: PRL-G-001-05 Other Department Support for CLE

Other (Please List Below)

______

5.16. Please select the various kinds of technical support that you believe are necessary in the future to continue to implement and strengthen your CLE program and/or your applying CLE methods in your law department classes? (please check ALL that apply) National CLE Workshops and Events (National CLE Summer School, Myanmar National CLE Mock Trial, etc.)

CLE Workshops Held at Your University

Regional Study Visits

International Study Visits

Continuing the Memorandum of Understanding (MOU) with Your University

International Clinicians In-Residence Placement at Your University

Myanmar Law Teacher Placement in CLE Programmes Outside Myanmar

Books & Resources

Connecting Your Law Department to Other Persons, Organizations, and Institutions Involved in the Justice Sector

Computers, Printers and other Equipment

Strategic Planning Training

Advocating for Your Law Department with Your Rector, Asanya, MOE, the Board of Legal Studies, and Other Policy Makers to Support CLE

Micro-grants

Support to Complete Monthly Activity Reports

Training on Video Filming of CLE Related Activities

Building and Supporting of the Myanmar CLE Network

Connecting to Regional and International Networks such as SEACLEA; GAJE; IJCLE; Asia Pro Bono Conference & Legal Ethics Forum Network, etc.

Other Department Support for CLE

Other (Please List Below)

______

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Project Name: Promoting the Rule of Law Project Grantee Name: BABSEACLE Grant No.: PRL-G-001-05 5.17. Please select the various kinds of support your law department has received from your university, Asanya and/or MOE to develop and/or strengthen CLE in your law department? (please check ALL that apply) Permissions to attend or hold CLE activities and/or events Permissions to use CLE methods in law department classroom teachings

Room space for CLE activities and/or programmes

Financial support for CLE materials/supplies/equipment Financial support to hold/attend CLE activities and/or events Accommodations for International CLE Experts and/or CLE Interns placed in your law department

Travel support for teachers to go to Nay Pyi Taw or other parts of Myanmar report on CLE activities and/or to receive travel documents

Continued payment of salary for law teachers participating in CLE placements outside Myanmar

Other (Please List Below)

______

5.18. Please select the sources of support your law department has received to develop and/or strengthen CLE in your law department? (please check ALL that apply) BABSEACLE & BABSEACLE’s Consortium Partners (DLA Piper/New Perimeter and Herbert Smith Freehills)

UNDP USAID

EDULink

Myanmar Lawyers International Lawyers/Law

Firms Civil Society/NGO’s

Universities outside of Myanmar Other Donor organizations (Please list below)

______Others (Please list below)

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Project Name: Promoting the Rule of Law Project Grantee Name: BABSEACLE Grant No.: PRL-G-001-05 Annex 8: Agenda/Handouts/Report of the workshops attended and organized during the grant period

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Inaugural Lower Myanmar Mock Trial Workshop Agenda 12-14 December 2014

Time Session

Day 1

9.00am – 10.30am Opening Ceremony and Introduction

10.30am – 10.45 am Break

10.45am – 12.15pm Case Planning and Case Theory

12.15pm – 1.00pm Lunch

1.00pm – 2.30pm Opening Statements

2.30pm – 2.45 Break

2.45pm – 4.45 Examination Techniques

4.45pm – 5.00pm Reflection and wrap up

30361172 page 1 Day 2

9.00am – 10.30am Evidentiary Issues

10.30am – 10.45am Break

10.45am – 12.15pm Closing Statements

12.15pm – 1.00pm Lunch

1.00pm – 5.00pm Scoring and evaluation, run through of mock trial and reflection (including break)

Day 3

9.00am-12:00pm Mock Trial Demonstration and Debrief

12:00pm-1:00pm Lunch

1:00pm-2:15pm Introduction to Developing University Mock Trial CLE Programmes

2:15pm-2:30pm Break

2:30pm-4:30pm Developing Mock Trial CLE Programmes at Your University

4:30pm-4:45pm Workshop Evaluation

4:45pm-5:00pm Closing Ceremonies

30361172 Inaugural Lower Myanmar Mock Trial Manual 2014 page 2 The core components of case theory အမႈ သေဘာတရား၏ အဓိက ပါ၀င္ခ်က္မ်ား A basis in law ဥပေဒတြင္ အေျခခံ အခ်က္ A factual scenario and evidence which supports the legal principle ဥပေဒ စည္းမ်ဥ္းမ်ားကို အေထာက္အကူျပဳသည့္ ဇာတ္လမ္း ျဖစ္ရပ္ႏွင့္ အေထာက္အထား အခ်က္မ်ား What do you need to establish in order to build a solid case theory? ခိုင္မာေသာ အမႈ သေဘာတရားကို အစဥ္တက် တည္ေဆာက္ရန္ သင္ဘယ္ ဟာေတြကို သက္ေသထူမလဲ။ Purpose (ရည္ရြယ္ခ်က္)

• Understand the different types of examinations: • ကြဲျပားေသာ စစ္ေမးျခင္း ပံုစံမ်ားကို နားလည္ေစရန္ • Chief Examination - အဓိက စစ္ေမးျခင္း • Cross-Examination - ျပန္လွန္ စစ္ေမးျခင္း • Re-Examination - ထပ္မံ စစ္ေမးျခင္း • Re-Cross-Examination - ထပ္မံ ျပန္လွန္စစ္ေမးျခင္း • The reason to conduct examination is to enable effective determination of the Truth in an effective manner • စစ္ေမးျခင္း ျပဳလုပ္ရသည့္ အေၾကာင္းမွာ ထိေရာက္ေသာ နည္းလမ္း/ ဟန္ပန္ျဖင့္ အမွန္တရား၏ အက်ိဳးသက္ေရာက္ေသာ ျပဌာန္းမႈမ်ားကို ေဆာင္ရြက္ႏိုင္ရန္ ျဖစ္သည္။ Your opening statement should… သင့္၏ အဖြင့္ ေလွ်ာက္လဲခ်က္သည္ … • summarise your case and present your theory of the case • အမႈကို အက်ဥ္းခ်ဳပ္ပါ။ ၿပီး အမႈတြင္ သင္၏ ယူဆခ်က္ကို တင္ျပပါ။ • be interesting and persuasive – tell a story • စိတ္၀င္စားဖြယ္ ေကာင္းေအာင္/ဆြဲေဆာင္မႈရိွရွိ - ဇာတ္လမ္းေျပာျပပါ။ • build trust and communicate confidence and integrity • ယံုၾကည္မႈ တည္ေဆာက္ပါ။ ယံုၾကည္မႈ ရွိရွိႏွင့္ စုစုစည္းစည္း တင္ျပပါ။ • be clear, logical and concise • ရွင္းရွင္းလင္းလင္း၊ က်ိဳးေၾကာင္းဆီေလ်ာ္စြာျဖင့္ လိုရင္းတိုရွင္း ျဖစ္ပါေစ။ Deal with opposing evidence

• Do not ignore evidence that does not suit you • Point to weaknesses in opposing evidence (eg, admission by the opposing side’s witness) • Refer to common sense: ‘Does it make sense to you that an 80 year old woman provoked the 24 year old defendant into a fight?’ • Address conflicting evidence: explain why your witness should be believed INTRODUCTION – What will be TAUGHT? နိဒါန္း - ဘာေတြကို သင္ၾကားမလဲ။

What are the ‘rules of evidence’ သက္ေသခံ၏ စည္းမ်ဥ္းမ်ား ဆိုတာ ဘာလဲ။

Why do we have the ‘rules of evidence’ သက္ေသခံ၏ စည္းမ်ဥ္းမ်ား ဘာေၾကာင့္ရွိေနတာလဲ။

How are the ‘rules of evidence’ enforced သက္ေသခံ၏ စည္းမ်ဥ္းမ်ား ကို ဘယ္လို အက်ိဳးသက္ေရာက္ေစမလဲ။ Different Types of CLE Mock Trial Programmes: ကြဲျပားေသာ သရုပ္ျပ တရားရံုး အစီအစဥ္မ်ား • Mock Trial Course • သရုပ္ျပ တရားရံုး သင္ရိုး • Mock Trial Competition • သရုပ္ျပတရားရံုး ယွဥ္ၿပိဳင္မႈ • Mock Trial Component to an Existing or New Course • ရွိၿပီးသား သို႕ သင္ရိုးသစ္တြင္ သရုပ္ျပတရားရံုး ပါ၀င္ခ်က္မ်ား ထည့္သြင္းျခင္း • Others? • အျခား? Inaugural Myanmar National Mock Trial Workshop Agenda 5-6February 2015

Time Session

Day 1

9.00am – 10.30am Introduction, Mock Trial Rule Procedure, assessment process

10.30am – 10.45 am Break

10.45am – 12.15pm Case Planning and Case Theory

12.15pm – 1.00pm Lunch

1.00pm – 2.30pm Opening Statements

2.30pm – 2.45 Break

2.45pm – 4.45 Evidentiary issues

4.45pm – 5.00pm Reflection and wrap up

30361172 page 1 Day 2

9.00am – 10.30am Witness examination techniques

10.30am – 10.45am Break

10.45am – 12.15pm Closing Statements

12.15pm – 1.00pm Lunch

1.00pm – 3.00pm Assigning Roles of Mock Trial

3.00pm – 3.15pm Break

3:15pm – 4:30pm Scoring and Evaluation run through of Mock Trial and reflection

4:30pm – 5:00pm Workshop Evaluation

30361172 Inaugural Lower Myanmar Mock Trial Manual 2014 page 2 INAUGURAL MYANMAR NATIONAL CLE MOCK TRIAL EVENT AGENDA DAGON UNIVERSITY, YANGON, MYANMAR FEBRUARY 7-8, 2015

Time Session

Day 1 – 7th February, 2015

8:00 am – 8:30 am Registration

8:30 am – 9:30 am Opening Ceremony and Introduction

9:30 am – 12:30 pm Round I (4 Mock Trials)

12:30pm – 2:00pm Lunch & Preparation for Round II

2:00pm – 5:00pm Round II (2 Mock Trial)

5:00pm – 5:30 pm Teams Assigned for Round III

Day 2 – 8th February, 2015

8:00am – 8:30 am Registration

8:30 am – 9;30 am Opening for Final Round

9:30 am – 12:30 pm Round III (Final Round)

12:30 pm – 2:00 pm Closing Ceremony and Lunch

1 [www.babseacle.org] Model case theory အမႈ သေဘာတရား ပံုစံ

What happened? ဘာေတြ ျဖစ္ခဲ့လဲ။ Who was involved? ဘယ္သူေတြ ပါ၀င္လဲ။ When did it happen? ဘယ္အခ်ိန္က ျဖစ္ခဲတာလဲ။ Where did it happen? ဘယ္မွာ ျဖစ္ခဲ့တာလဲ။ Why did it happen? ဘာေၾကာင့္ ျဖစ္ခဲ့တာလဲ။ Are there any weaknesses in this theory? ဒီအယူအဆ မွာ ဘာအားနည္းခ်က္ေတြ ရွိေနလဲ။ Purpose ရည္ရြယ္ခ်က္ • Introduce your client’s case • သင္ အမႈသည္၏ အမႈကို နိဒါန္းပ်ိဳးျခင္း • Make a positive first impression • အျပဳသေဘာေဆာင္ေသာ သေဘာထား/ ထင္ျမင္ခ်က္ရရန္ ျပဳလုပ္ပါ။ How do you present? ဘယ္လို ေဖာ္ျပၾကမလဲ။

• Maintain eye contact အၾကည့္ခ်င္း ဆံုပါ။ • Posture ကိုယ္ဟန္အေနအထား • Volume, tone, speed, pitch, rhythm, pauses အသံ အတိုးအက်ယ္၊ ႏႈန္း၊ အနိမ့္အျမင့္၊ အတက္အက်၊ အသံ ဆိုင္းျခင္း။ • Avoid excessive repetition of evidence အေထာက္အထားကို လြန္ကဲစြာ ထပ္ခါထပ္ခါ ေဖာ္ျပမႈ ေရွာင္ၾကဥ္ပါ။ • Use plain, crisp and active language ရိုးရွင္း ျပတ္သားၿပီး စိတ္၀င္စားဖြယ္ စကားကို အသံုးျပဳပါ။ • Use short sentences with simple structures ရိုးရွင္းေသာ စာေၾကာင္း တိုမ်ားကို အသံုးျပဳပါ။ • Appeal to common sense ဆင္ျခင္တုံတရားရွိရွိ အယူခံ/အသနားခံပါ။ HEARSAY - တဆင့္ၾကား သက္ေသ

Hearsay evidence: တဆင့္ၾကား သက္ေသခံခ်က္ is indirect evidence; သြယ္၀ိုက္ သက္ေသခံခ်က္ ျဖစ္သည္။ refers to what a witness heard someone else say; and တျခားသူမွ ေျပာသည္ကို သက္ေသမွ ၾကားခဲ့ေသာ အေၾကာင္းကို ရည္ညႊန္းသည္။ is generally inadmissible. ေယဘူယ်အားျဖင့္ တင္ျပခြင့္ မရွိပါ။ Inaugural Myanmar National CLE Mock Trial Event Final Report Date: Activity Name: Location: 7-8 February 2015 Inaugural Myanmar National CLE Mock Trial Event Dagon University Status Successfully conducted with 50 students and 24 teaching staff from 18 law universities and 19 international and Myanmar law officers, CLE experts and trainers. Introduction The Inaugural Myanmar National CLE Mock Trial Event was hugely successful with close to 100 participants including students, law faculty teaching staff, International Clinicians in Residence, international trainers and legal experts, law officers, UNDP personnel and international lawyers attending as judges. The Event involved a minimum of two (2) LL.B. student participants from each of the eighteen (18) Myanmar law departments located nationwide. It was organised as a means to further strengthen each of these university law department’s CLE programs and their approaches to teaching. In order to participate in the event, students must be actively involved and committed to the university CLE programs. The students must also have a working knowledge of the English language as the Event was conducted in English, which is the required instructional language of all Myanmar university law departments. The judges came from the various parts of the justice sector (both local and international) including judges, advocates (lawyers), teachers, law officers (prosecutors), Government Administrative Department (GAD), and civil society members. All judges were required to have an English language working knowledge and ability

Activity Objectives CLE Mock trial is a practical learning experience in which students simulate a local court trial of a minor civil dispute or criminal offence. CLE mock trial allows students to develop legal, analytical and advocacy skills, thereby increasing familiarity with court process and enhancing participants’ appreciation and Overview: understanding of legal ethics. The focus of the event is the development of these clinical legal education (CLE) outcomes. As such, the structure used for this event will not strictly adhere to local procedure in Myanmar, but has been modelled to facilitate the development of CLE outcomes in a practical setting.

Participants: No. Name of Participants Position Email University 1 Hla Yadanar Win Student [email protected] Yangon University 2 Pyae Pyae Phyo Student [email protected] Yangon University 3 Tun Zaw Chit Student [email protected] Yangon University 4 Aye Chan Aung Student [email protected] Yangon University 5 Zin Nyi Nyi Maung Student [email protected] Dagon University 6 Thiha Naing Student [email protected] Dagon University 7 Thi Thi Han Student [email protected] Dagon University 8 Khin Nyein Wai Student [email protected] Dagon University 9 Htet Htet Han Student Dagon University

10 Kaung Myat Ahkar Student [email protected] Dagon University 11 Thwe Phue Zin Student [email protected] YUDE 12 San Haymar Win Student [email protected] YUDE 13 Khine Htar Hsu Student [email protected] YUDE 14 Saint Shoon Lei Thu Student [email protected] YUDE 15 Kyaw Zaw Linn Student [email protected] YUDE 16 Nanda Myo Aung Student [email protected] East Yangon University 17 Khine Yin Mon Thant Student [email protected] East Yangon University 18 Thu Thu Thant Student [email protected] Mandalay University 19 Aye Nyein Thu Student [email protected] Mandalay University 20 Thin Zar Theint Student [email protected] Mandalay University 21 Myat Thinzar Kyaw Student [email protected] Mandalay University 22 Razar Min Maw Student [email protected] Yadanabon University 23 Kyaw Phyo Thu Student [email protected] Yadanabon University 24 Zaw Phyo Aung Student [email protected] Yadanabon University 25 Yadanar Aung Student [email protected] MUDE 26 Nayya PyinnyarMyint Thein Student [email protected] MUDE 27 La Pyae Win Student [email protected] MUDE 28 La Gyi Zau Lawn Student [email protected] Myitkyina University 29 Roi Nan Student [email protected] Myitkyina University 30 Moe Win Student Monywa University

31 Soe Aung Student [email protected] Monywa University 32 Htet Myat Aung Student [email protected] Magway University 33 Doe Zaw Student Magway University

34 Myo Thiri Kyaw Student [email protected] Sittwe University 35 Saw Yadanar Hlaing Student [email protected] Sittwe University 36 Htoo Mon Student Taungoo University

37 Nan Cherry Khaing Student Taungoo University

38 Thiri Khit Student [email protected] Taunggyi University 39 Wint Thandar Myo Oo Student [email protected] Taunggyi University 40 Aung Hein Student [email protected] Mawlamyaing University 41 May Mon Kywe Student [email protected] Mawlamyaing University 42 Ye Yint Myat Student [email protected] Pyay University om 43 July Htoo Student [email protected] Pyay University 44 Ei Yadanar Aung Student [email protected] Pyay University 45 Sai Kyaw Zayar Lin Student [email protected] Pinlong University 46 Khin Zarchi Theint Student [email protected] Pinlong University 47 Zin Min Ko Student Pathein University

48 Htet Ko Maung Student Pathein University

49 Chu Pyae Pyae Kyaw Student [email protected] Dawei University

No. Name of Participants Position Email University 50 Zar Zar Min Aung Student [email protected] Dawei University 51 Daw Po Po Maung Assistant Lecturer [email protected] Yangon University 52 Daw Htet Htet Zaw Tutor [email protected] Dagon University 53 Daw Maw Maw Tun Lecturer [email protected] Dawei University 54 Daw Nlam Roija Tutor [email protected] East Yangon University 55 Daw Khin Hnin Wint Kyaw Tutor [email protected] East Yangon University 56 Daw San Moh Moh Thu Assistant Lecturer [email protected] Magway University 57 Daw Yu Ei Hlaing Assistant Lecturer [email protected] Magway University 58 Dr.Myo Thandar Kyaw Assistant Lecturer [email protected] Mandalay University 59 Daw Hnin Hnin Nge Assistant Lecturer [email protected] Mawlamyaing University 60 U YeYan Naing Tutor [email protected] Monywa University 61 Dr.Thida Aung Lecturer [email protected] Myitkyina University 62 Daw Moe Thu Lecturer [email protected] Pathein University 63 Daw Than Than Htwe Lecturer Pinlong University

64 Dr.Khin Thinn Thinn Oo Assistant Lecturer [email protected] Pyay University 65 Daw May Nwe Thein Lwin Assistant Lecturer Sittwe University

66 U Thin Oo P.T Lecturer [email protected] Taunggyi University 67 Daw Mie Mie Khine Tutor [email protected] Taunggyi University 68 Daw Aye Aye Myint Assistant Lecturer [email protected] Taungoo University 69 Daw Than Than Oo Assistant Lecturer [email protected] MUDE 70 Daw Yin Nyein Oo Tutor [email protected] MUDE 71 Dr.Tin Htay Ei Professor [email protected] YUDE 72 Dr.Aye Hla Mon Assistant Lecturer [email protected] YUDE 73 Daw Phyo Phyo Than Tutor Phyo Phyo [email protected] Yadanabon University 74 Daw Su Wai Myo Tutor Su Wai [email protected] Yadanabon University 75 Minn Naing Oo Managing [email protected] Allen & Gledhill Director om.mm (Myanmar) 76 Dustin Cambs Associate [email protected] BM m 77 Eugene Quah CEO Edulink

78 Andrew Valentine DLA Piper/New Perimeter 79 Michael Gill ICIR [email protected] DLA Piper/New M Perimeter 80 U Soe Naing Regional Law Mandalay Officer 81 Ban Aung Program [email protected] PRLP Specialist 82 Yein Myaw Justice Systems [email protected] PRLP Specialist 83 Daw Phyu Mar Wai Director UAGO

84 Daw Yu Yu Khin Deputy Director [email protected] UAGO 85 Allison Moore Program Specialist [email protected] UNDP 86 Christina Beninger Rule of Law UNDP Mandalay Officer 87 Helen Yandell Director BABSEA CLE

88 Bruce Lasky Director BABSEA CLE 89 Harrison (Tim) Dickey ICIR BABSEA CLE

90 Elizabeth (Bebs) Chorak ICIR BABSEA CLE

91 Don Peters ICIR BABSEA CLE

92 Marty Peters ICIR BABSEA CLE

93 Jane Sanders ICIR Herbert Smith Freehills

In addition to the active support of the participants from the various universities and organizations listed above, this activity was also supported by the following private firms, non-profit organizations and foundations: • UNDP • USAID • BABSEA CLE • DLA Piper/New Perimeter • Herbert Smith Freehills • Judges from Legal Sector • Law Society of New South Wales Methodology There were three CLE Mock Trial rounds which were conducted in the following manner: • Round 1: Round 1 had 8 teams (4 Prosecution and 4 Defence). The teams were made up of a mixture of students from different Myanmar university law departments. Scoring of each team occurred and members of the strongest four (4) teams advanced to Round 2. • Round 2: Round 2 had 4 teams (2 Prosecution and 2 Defence). The teams were made up of a mixture of students from different Myanmar university law departments. As much as possible, the teams had different members than those who participated together on the same team during Round 1. When at all reasonably possible, Round 2 team members were placed in different roles than they had during Round 1. Scoring of each team occurred and members of the strongest two (2) teams advanced to Round 3 (Final Round) • Round 3: Round 3 had 2 teams (1 Prosecution and 1 Defence). The teams were made up of a mixture of students from different Myanmar university law departments. As much as possible, the teams had different members than those who participated together on the same team during Round 1 and Round 2. When at all reasonably possible, Round 3 team members were placed in different roles than they had during Round 1 and Round 2. Scoring of each team occurred and members of the strongest team were declared the Strongest Inaugural National Myanmar CLE Mock Trial Event Team.

Round 3 was open to the public for viewing and included a post event debrief of the participants and audience. Each round was scored by an odd numbered panel of a minimum of three judges, who assessed the way each team used the facts of the case to their advantage, as well as the ways the teams and individual members performed.

Conclusion The Inaugural National Myanmar CLE Mock Trial Event was hugely successful. It served to strengthen the skills and knowledge of the students, understanding of the teachers, and fostered relations with local law officers. Feedback from all parties was very positive with most participating law faculty staff members stating that they would include CLE Mock Trial lessons into their teaching plans and law officers expressing their desire to aid local universities with their CLE needs into the future.

Access to Justice Weekend Date: Activity Name: Location: 8 January 2015 Workshop on Survey Design Chiang Mai Hills Hotel, Thailand Measuring and Reporting the Impact of CLE Programs to Strengthen Access to Justice Status

Successfully completed a half-day workshop and positive feedback received. 27 participants from 4 countries attended.

Introduction Dr Chris Walsh gave a great workshop on how to draft surveys and survey questions with the use of activities, group discussions and brain storming activities. The language barrier was a task however, the ability of some of the participants/facilitators to translate was extremely helpful.

The workshop was attended by 27 people from various countries including; Vietnam, Myanmar, Laos and Thailand. The workshop was part of the Access to Justice Weekend organised by BABSEA CLE

Activity Objectives Participants will learn to understand the importance of survey writing skills, and the importance of finding out whether the CLE program has made an impact on the participants of the workshop. They will learn how Overview: to formulate statements for the survey evaluation Students and lecturers will learn how to analyse the results of the survey Participants:

No Name Organization Email University, Vietnam

20 Suphawatchara Malannoud Prince of Songkla University, Thailand 21 Parinya Lumphakai Rangsit University, Thailand [email protected] 22 Nikorn Sriroikham Rangsit University, Thailand [email protected] 23 Wanlapha Pajanthasri Rangsit University, Thailand [email protected] 24 Wisarut Sanluon Rangsit University, Thailand [email protected] 25 Aye Aye Myint Taungoo University, Myanmar [email protected] 26 Prewpan Yemloea Ubon Ratchatani University, [email protected] Thailand 27 Chupaporn Chasen Ubon Ratchatani University, [email protected] Thailand In addition to the active support of the participants from the various universities and organizations listed above, this activity was also supported by the following private firms, non-profit organizations and foundations: • Australian Government Solicitors • Dr. Chris Walsh • Prince of Songkla University • DLA Piper/New Perimeter • Herbert Smith Freehills • Lux Development • Beacon Law Firm • UNDP Myanmar • USAID

Methodology • Ice breaker • Brainstorming • Group discussion • PowerPoint presentation • Individual discussion

Conclusion

The workshop was enthusiastically participated by students and lecturers from various countries, and seems to be thoroughly enjoyed by all. Students learnt how to conduct surveys and design specific questions in order to determine the success of the CLE program. The students also learnt the importance of these surveys and how to capture the results of a completed survey. Students and lecturers worked in groups and together formed great survey statements.

Bridges Across Borders Southeast Asia Community Legal Education Initiative

Access to Justice Weekend January 8-11, 2015 Chiang Mai, Thailand

Day 0 (Wednesday, 7 Jan 2015) Events Programme Outline Time *Event programme may be updated with additional speakers on a regular basis

 Meet and greet regional participants 1.00 pm – 9.00pm  Access to Justice Weekend task assignment and explanation

Day 1 Training Workshop (Thursday, 8 Jan 2015) Events Programme Outline Time *Event programme may be updated with additional speakers on a regular basis

Parallel Sessions

Pro Bono and Access to Justice Workshop Research Monitoring & Evaluation

9.00am-9.20am Introduction to the curriculum and Meet and Greet

9.20am-9.35am Energizer

What is Access to Justice, Why Is it Important and What Are Common Obstacles?

- Activity 1: Group Discussion 9.35am – 10.35am - Activity 2: Competitive Brainstorm

- Activity 3: Hypothetical Scenarios and Group Discussion

10.35am – 10.45am Morning Tea Break What Is Access to Justice, Why Is it Important and What Are Common Obstacles?

10.45am – 12.30pm - Activity 4: Case Study

- Activity 5: Silent Communication Game

- Activity 6: Case Study

12.30pm – 1.30pm Lunch

1.30pm – 1.45pm Themed Energizer

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Bridges Across Borders Southeast Asia Community Legal Education Initiative

Access to Justice Weekend January 8-11, 2015 Chiang Mai, Thailand

Why Do Pro Bono and How to Do Pro Bono? - Activity 1: Summary of why we should do pro bono 1.45pm – 2.45pm - Activity 2: Demonstration of key reasons for undertaking pro bono work - Activity 3: Discussion- what were some of the key reasons for doing pro bono work demonstrated by the role play?

2.45pm –3.00pm Afternoon Tea Break

Why Do Pro Bono and How to Do Pro Bono? - Activity 4: Recall personal experience for why to do pro bono - Activity 5: Participants read articles about some of the pro bono activities undertaken by 3.00pm – 4.30pm international/local law firms - Activity 6: How to get involved with not for profit organisations - Activity 7: Group discussion on the benefits of pro bono- i.e. tie in the why and how to do pro bono Wrap Up and Evaluation 4.30pm – 5.00pm Pick up Trio Packages (Bib + T-Shirt + Map + Information)

Day 2 Training Workshop (Friday, 9 Jan 2015) Events Programme Outline Time *Event programme may be updated with additional speakers on a regular basis Registration 8:30am-9:00am Pick up Trio Packages (Bib + T-Shirt + Map + Information)

9.00am – 9.15am Themed Energizer

What Are Ethics and Why Are They Important for Lawyers?

- Activity 1: Yes, No Game

9.15am – 10.50am - Activity 2: Where do your ethics come from?

- Activity 3: Introduction to the lawyer’s compass

10.50am –11.05pm Morning Refreshment Break

What Are Ethics and Why Are They Important for Lawyers? 11.05am –12.00pm - Activity 4: Which client would you act for? - Activity 5: How is the legal profession perceived? - Activity 6: Personal anecdote

12.00pm – 1.00pm Lunch

1.00pm – 1.15pm Themed Energizer

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Bridges Across Borders Southeast Asia Community Legal Education Initiative

Access to Justice Weekend January 8-11, 2015 Chiang Mai, Thailand Duties of a Lawyer to a Client - Activity 1: Group Discussion/Brainstorm 1.15pm – 3.15pm - Activity 2: Picture it - Activity 3: Listen to it

3.15pm – 3.30pm Afternoon Tea Break Confidentiality 3.30pm – 4.15pm - Activity 1: Role Play

4.15pm – 4.30pm Wrap up and Evaluation

4.30 – 8.00pm Access to Justice Weekend Preparation with Students and volunteers

Day 3 Access to Justice Public Interest Fair and 6th Trio For Justice (Saturday, 10 Jan 2015,) Events Programme Outline Time *Event programme may be updated with additional speakers on a regular basis

Registration Open 5.00am – 6.30am Access to Justice Public Interest Fair / Registration & Partner Poster Display. Set Up Tables.

 Warm up 6.30am – 7.00am  Welcome speech by judge and open 6th Trio For Justice

7.00am Half Marathon Begins

7.30am 10K Run/Walk Begins

8.00am 5K Run/Walk , 3K For Kids Begins

 Introduction of Each Organization (5 minutes each) 9.30am – 10.45am  A2J Raffle Drawn

 Evaluation 10.45am - 11.00am  Thank You Speech

11.00am - 11.15am Group Photos/ Promote Next Access to Justice Weekend

11.15am – 12.00pm Clean Up

Day 3 Access to Justice Dinner Celebration (Saturday, 10 Jan 2015,) Events Programme Outline Time *Event programme may be updated with additional speakers on a regular basis

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Bridges Across Borders Southeast Asia Community Legal Education Initiative

Access to Justice Weekend January 8-11, 2015 Chiang Mai, Thailand

Access to Justice Dinner Celebration Registration 5.30pm – 6.30pm Guests enjoy appetizers and drinks- self service

6.30pm – 6.45pm Welcome & Introduction to BABSEA CLE and Access to Justice Weekend

7.00pm – 7.15pm Guest Speaker

7.15pm – 7.30pm Guest Speaker

7.30pm – 9.00pm Dinner Service

9.00pm – 9.30pm Guest Speaker

9.30pm – 9.45pm Dessert Service

Cultural Performance 9.45pm – 10.45pm

10.45pm – 11.00pm Thank You & Closing Speech

11.00pm – 11.30pm Clean Up

Day 4 Access to Justice Movie Under the Stars (Sunday, 11 Jan 2015,) Events Programme Outline Time *Event programme may be updated with additional speakers on a regular basis

5.30pm – 6.45pm Access to Justice Movie Under the Stars Registration

6.45pm – 7.00pm Guests enjoy snacks and drinks- self service

7.00pm – 7.15pm Welcome Speech

7.15pm – 8.15pm Enjoy Access to Justice Movie Under the Stars Popcorn Service 8.15pm – 8.40pm Discussion

Thank You and Closing Speech 8.40pm – 9.00pm

Clean Up 9.00pm - 9.30pm

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Bridges Across Borders Southeast Asia Community Legal Education Initiative

Access to Justice Weekend January 8-11, 2015 Chiang Mai, Thailand

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2015 Myanmar Clinical Legal Education (CLE) Summer School Agenda Taungoo University Department of Law, Taungoo, Myanmar 11-15 May 2015 INTERNAL AGENDA

Time Day 1 Day 2 Day 3 Day 4 Day 5 Monday Tues Wednesday Thursday Friday 11 May 2015 12 May 2015 13 May 2015 14 May 2015 15 May 2015 8:00am - 8:30am Registration Registration Registration Registration Registration

8:30am – 9:30am Welcome & Opening Presentations of University Day Overview Day Overview Day Overview Partners CLE Programmes and Journals Due today Strategic Plans 9:30 – 10:30am Hsar Moo & Nang Doi CLE Programmes Administrative Structures Thip Nouansyvong 10:30am - 11:00am Meet and Greet Presentations of University CLE Programme Proposal Monitoring and Evaluating CLE Client In-Take, Interview, Counseling Ei Chaw Partners CLE Programmes and Writing Programmes, Data Collection Strategic Plans Max Abbott Jonathan Liljebad Thip Nouansyvong and Bruce Lasky 11:00am – 11:30am Overview and Goals of the CLE Hsar Moo & Nang Doi Summer School Nwe Mar 11:30am – 11:45pm Refreshment Break Refreshment Break Refreshment Break Refreshment Break Refreshment Break 11:45pm – 12:30pm Status of CLE Myanmar Presentations of University CLE Programme Proposal CLE Programme Supervision and Client In-Take, Interview, Counseling Programme Partners CLE Programmes and Writing Mentoring Thip Nouansyvong and Bruce Lasky Strategic Plans Max Abbott Wendy Morrish and Kyaw Htin Hsar Moo & Nang Doi 12:30pm – 1:30pm Lunch Lunch Lunch Lunch Lunch Monitoring and Evaluating CLE 1:30pm – 3:00pm Presentations of University Programmes, Data Collection, CLE Programme Proposal CLE Programme Supervision and Client In-Take, Interview, Counseling Partners CLE Programmes and Report Writing Writing Mentoring Thip Nouansyvong and Bruce Lasky Strategic Plans Jonathan Liljeblad Max Abbott Wendy Morrish and Kyaw Htin Hsar Moo & Nang Doi 3:00pm – 3:15pm Refreshment Break Refreshment Break Refreshment Break Refreshment Break 3:15pm – 3:30pm Presentations of University Refreshment Break CLE Programme Course CLE Programme Supervision and CLE Programme Next Steps and 3:30-4:30pm Partners CLE Programmes and Monitoring and Evaluating CLE Accreditation Mentoring Certificates Strategic Plans Programmes, Data Collection, Bruce Lasky Kyaw Htin Wendy Morrish and Kyaw Htin

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2015 Myanmar Clinical Legal Education (CLE) Summer School Agenda Taungoo University Department of Law, Taungoo, Myanmar 11-15 May 2015 INTERNAL AGENDA

Time Day 1 Day 2 Day 3 Day 4 Day 5 Hsar Moo & Nang Doi Report Writing Sophie Geoghegan 4:30pm – 5:00pm Daily Debrief & Evaluation Daily Debrief & Evaluation Daily Debrief & Evaluation Daily Debrief & Evaluation Daily Debrief & Evaluation

7:00pm - 9:30pm Welcome Dinner Closing Dinner

Time Session Facilitator Materials Teaching Methodology Remarks Monday 11th May 2015 8:00am - 8:30am Registration Ei Chaw

8:30am – 9:30am Welcome & Opening 9:30am - 10:30am 10:30am - 11:00am Meet and Greet Ei Chaw

11:00am – 11:30am Overview and Goals of the CLE Nwe Mar Summer School

11:45pm – 12:30pm Status of CLE Myanmar Programme 1:30pm – 3:00pm Presentations of University Hsar Moo & Nang Doi Partners CLE Programmes and Strategic Plans

3:15pm – 3:30pm Presentations of University Hsar Moo & Nang Doi Partners CLE Programmes and

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2015 Myanmar Clinical Legal Education (CLE) Summer School Agenda Taungoo University Department of Law, Taungoo, Myanmar 11-15 May 2015 INTERNAL AGENDA

Strategic Plans

4:30pm – 5:00pm Daily Debrief & Evaluation Kyaw Htin 7:00pm - 9:30pm Welcome Dinner

Tuesday 12th May 2015 8:00am - 8:30am Registration

8:30am –11:30am Presentations of University Hsar Moo & Nang Doi Partners CLE Programmes and Strategic Plans Presentations of University Partners CLE Programmes and Strategic Plans

11:30am – 11:45pm Refreshment Break 11:45pm – 12:30pm Presentations of University Hsar Moo & Nang Doi Partners CLE Programmes and Strategic Plans Hsar Moo & Nang Doi 12:30pm – 1:30pm Lunch 1:30pm – 3:15pm Monitoring and Evaluating CLE Jonathan Liljeblad Programmes, Data Collection, Report Writing

3:15pm – 3:30pm Refreshment Break 3:30 - 4:30pm Report Writing Sophie Geoghegan Powerpoint, hand outs of Role play, group discussion, monthly report (x9) yes/no question answer, powerpoint 4:30pm – 5:00pm Daily Debrief & Evaluation Hsar Moo

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2015 Myanmar Clinical Legal Education (CLE) Summer School Agenda Taungoo University Department of Law, Taungoo, Myanmar 11-15 May 2015 INTERNAL AGENDA

Wednesday 13th May 8:00am - 8:30am Registration

8:30am – 9:30am Day Overview 9:30 – 10:30am CLE Programmes Administrative Thip Nouansyvong Structures 10:30am - 11:30am CLE Programme Proposal Max Abbott Writing 11:30am – 11:45pm Refreshment Break 11:45pm – 12:30pm CLE Programme Proposal Max Abbott Writing 12:30pm – 1:30pm Lunch 1:30pm – 3:00pm CLE Programme Proposal Max Abbott Writing 3:00pm – 3:15pm Refreshment break 3:15pm – 4:30pm CLE Programme Course Accreditation 4:30pm – 5:00pm Daily Debrief & Evaluation Hsar Moo Thursday 14th May 8:00am - 8:30am Registration

8:30am – 10:30am Day Overview Journals Due today 10:30 – 11:30am Monitoring and Evaluating CLE Jonathan Liljebad Programmes, Data Collection

11:30am – 11:45pm Refreshment Break 11:45pm – 12:30pm CLE Programme Supervision and Wendy Morrish and Kyaw Htin Mentoring 12:30pm – 1:30pm Lunch 1:30pm – 3:00pm CLE Programme Supervision and Wendy Morrish and Kyaw Htin

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2015 Myanmar Clinical Legal Education (CLE) Summer School Agenda Taungoo University Department of Law, Taungoo, Myanmar 11-15 May 2015 INTERNAL AGENDA

Mentoring 3:00pm – 3:15pm Refreshment Break 3:15pm – 4:30pm CLE Programme Supervision and Wendy Morrish and Kyaw Htin Mentoring 4:30pm – 5:00pm Daily Debrief & Evaluation Hsar Moo Friday 15th May 8:00am - 8:30am Registration

8:30am – 9:30am Day Overview

9:30 – 11:30am Client In-Take, Interview, Thip Nouansyvong and Bruce Counseling Lasky 11:30am – 11:45pm Refreshment Break 11:45pm – 12:30pm Client In-Take, Interview, Thip Nouansyvong and Bruce Counseling Lasky 12:30pm – 1:30pm Lunch 1:30pm – 3:00pm Client In-Take, Interview, Thip Nouansyvong and Bruce Counseling Lasky 3:00pm – 3:15pm Refreshment Break 3:15pm – 4:30pm CLE Programme Next Steps and Certificates 4:30pm – 5:00pm Daily Debrief & Evaluation

7:00pm - 9:30pm Closing Dinner

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BRIDGES ACROSS BORDERS SOUTHEAST ASIA COMMUNITY LEGAL EDUCATION INITIATIVE SUPPORT FOR DEVELOPMENT OF CLINICAL LEGAL EDUCATION (CLE) IN MYANMAR 2nd National Myanmar CLE Summer School Taungoo University Department of Law 11-15 May 2015-05-11

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BRIDGES ACROSS BORDERS SOUTHEAST ASIA COMMUNITY LEGAL EDUCATION INITIATIVE SUPPORT FOR DEVELOPMENT OF CLINICAL LEGAL EDUCATION (CLE) IN MYANMAR 2nd National Myanmar CLE Summer School Taungoo University Department of Law 11-15 May 2015-05-11

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BRIDGES ACROSS BORDERS SOUTHEAST ASIA COMMUNITY LEGAL EDUCATION INITIATIVE SUPPORT FOR DEVELOPMENT OF CLINICAL LEGAL EDUCATION (CLE) IN MYANMAR 2nd National Myanmar CLE Summer School Taungoo University Department of Law 11-15 May 2015-05-11

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BRIDGES ACROSS BORDERS SOUTHEAST ASIA COMMUNITY LEGAL EDUCATION INITIATIVE SUPPORT FOR DEVELOPMENT OF CLINICAL LEGAL EDUCATION (CLE) IN MYANMAR 2nd National Myanmar CLE Summer School Taungoo University Department of Law 11-15 May 2015-05-11

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BRIDGES ACROSS BORDERS SOUTHEAST ASIA COMMUNITY LEGAL EDUCATION INITIATIVE SUPPORT FOR DEVELOPMENT OF CLINICAL LEGAL EDUCATION (CLE) IN MYANMAR 2nd National Myanmar CLE Summer School Taungoo University Department of Law 11-15 May 2015-05-11

Date: Reporting Session Title: Facilitator(s): 11 May 2015 Welcome and Opening Ceremony Time: 8:30am Reporter’s Name: Sophie Geoghegan Session Outcomes: Welcome to Summer School Partners give thanks to one another Lay out objective and goals of CLE and Summer School Thank all partiicpants Teaching Methodologies Used: Speeches Session Report: U N T(?), Speaker of Bago Region gave his wleomce speech in Myanmar including talking about th 3 branches of sovereign power, checks and balances and saying ‘the aim of law is to do justice’ Caitlin Reiger (UNDP) chief technical advisor on ROL and A2J: UNDP is pleased to have the rector, chairman and so many teachers. This really is a national impact – very few other programmes can show this level of success. Last year 400 teachers participated in a CLE workshop. Share your exoereinces and learn from one another. This CLE programme is a fundamental part of the overall ROL/A2J programme and crucial for democtratic government support. The law is a tool for ordinary people to protect this right. CLE helps this. Capacity building of justice officials and legal officers and civil society as well as legal awareness in the public. CLE doesboth capacity building and legal awareness which makes this partnership such a good fit. Bruce Lasky BABSEACLE Think about where we are today, where we came fro and where we are going. IT is important to reflect back. 2013 was the first national event in Yangon to test whether CLE could/should work in Myanmar – the answer was yes it could, should and will., We areat the begi=nning in Myanmar but ewe have already done so much –we are not ‘starting’ Advanced beginning-go deeper into developing and strengthening CLE programmes. The first summer school was aCLEbuffet and since then we have been building Cle teams . Thissummer school will help with advocacyshow the proof of the success and importanceof CLE. We will learn about supervision, administration and further build a national team. Younger teachers arehere to learn from the older.we are making a regioalteam bringin people in/taking people out toevents – PBC in mandalay will be big regiobnal event.

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BRIDGES ACROSS BORDERS SOUTHEAST ASIA COMMUNITY LEGAL EDUCATION INITIATIVE SUPPORT FOR DEVELOPMENT OF CLINICAL LEGAL EDUCATION (CLE) IN MYANMAR 2nd National Myanmar CLE Summer School Taungoo University Department of Law 11-15 May 2015-05-11

Prof Tin Tun Taungoo rector: warm welcome and thanks to everyone who came. Summer school is a great boost to the teaching staff. Taungoo and BABSEA CLE signed an MOU in September. Summer school has 65 law teacing staff from 17 universities. Please everyone share and contribute knowledge with students and colleagues/peers

Evaluation (taken from Evaluation Sheets):

Date: 11 May 2015 Reporting Session Title: Facilitator(s): Overview and Goals of the CLE Summer New Mar Time: 11:00-11:30 School and Goals of CLE Bruce Lasky

Reporter’s Name: Sophie Session Outcomes: Understand the goals of CLE and how they are achieved Link the goals to the activities for report writing Teaching Methodologies Used: Pumpkin seed analogy Small group brainstorm Correcting as a big group Group discussion Session Report: Spoke about the pumpkin see analogy and how everyone here is a pumpkin and will teach their students to be pumpkin seeds. Broke into groups to write down the 6 core CLE goals and any other goals they could think of. As a big group went through the goals and matched with their answers. Discussed the goals of CLE and which ones they forgot. Spoke about the importance of knowing the goals and linking this to report writing and data collection

Evaluation (taken from Evaluation Sheets):

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BRIDGES ACROSS BORDERS SOUTHEAST ASIA COMMUNITY LEGAL EDUCATION INITIATIVE SUPPORT FOR DEVELOPMENT OF CLINICAL LEGAL EDUCATION (CLE) IN MYANMAR 2nd National Myanmar CLE Summer School Taungoo University Department of Law 11-15 May 2015-05-11

Date: Reporting Session Title: Facilitator(s): 11 May 2015 Presentations of University Partners CLE New Mar and Hsar Moo Time: Programmes and Strategic Plans 13:30-15:00 Reporter’s Name: Sophie Geoghegan Session Outcomes: Each university presents their CLE programme and strategic plan Universities will see what every other university is doing and how/where they can collaborate/get ideas for their own programmes. Presentation skills Teaching Methodologies Used: Group Presentations Peer review Evaluation Student hat/teacher hat Session Report: Universities choose which order they will present in. Each university gives a 10-15 minute presentation on their CLE programmes and each will be graded by trainers on scale of 1-4. During presentation , other participants will write down the what, when, why, how, who, when of the plan and then will be asked to hold up yes/no signs to show if the presentation covered all of these items. If they missed one they have to come back and report on the questions they failed to answer. Link the ‘why’ to the 6 CLE goals. Dagon University: Mock trial using common criminal cases in the township. Opening statements, cross examination. Hold Moot court with Master students and then perform mock trial using a case form the supreme court. Take feedback and evaluate their knowledge. Invite experts and lawyers to share their expertise and experience with the students. Field trip to court to observe trial system and court procedures. Dawei University: Mock trial, community teaching and externship. Di mock trial at YUDE and Dagon event. Community teaching plan in 3 distance learning centres – main justice centre at dawei university, one in a village 50 miles north (2000 people) and one in a village (1000 people) 120 miles away from dawei, another on the popular island of Mae (1500 people). Have weekly syllabus for community teachgn and preparing students to conduct community teachings Externship -have lawyers/alumni etc to help with CLE, take students on and help with community teaching. They will be trained by professor head to work with communities and to help train the students.

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BRIDGES ACROSS BORDERS SOUTHEAST ASIA COMMUNITY LEGAL EDUCATION INITIATIVE SUPPORT FOR DEVELOPMENT OF CLINICAL LEGAL EDUCATION (CLE) IN MYANMAR 2nd National Myanmar CLE Summer School Taungoo University Department of Law 11-15 May 2015-05-11

East Yangon University: Phyoe Mock trial 10 days with UNHCR about gender violence and international human rights day. Mock trial in each semester (16 weeks). Training students for community teaching and setting up externship programme at factories. Magway University: Prepared for 2015-16 use CLE teaching methods – 10:. Supervision. 2nd,3rd.4th and masters year students will have community education teaching labour law and land law and mock trial. Go to community and write down a discussion and look at the feedback. Criminal law and labour law.for all law programmes. Group discussions about pro bono and how to do pro bono and Externship (10 students to the court) in 2016-17. For effective learning and give students practical skills. Mandalay University: Community teaching in 2015. Establish trust between community and university.promote legal ethics and justice of the students. Support the laymen with legal knowledge, help solve their problems. Challenges: not enough staff or funding and transportation issues \(permit from the university.) 6 month programme only (this is an activity NOT a programme- during this week we will work with MU to make a proper programme plan) MUDE Lesson plans with CLE methods. Mock Trial (have scenario already for mock trial), community teaching. Participate in CLE workshops and trainings. 13 teaching staff – have university organization chart for programme – group for communications, 3 year plan Mawlamyaing University: Su Mock trial. In house clinic. Target students 4t year LLB. 12 students for each team (omck trial an in house clinic.) case planning,opening/closing statements, cross examination, evidence and giving feedback after classes. Themes of the in house clinic are interviewing, questioning, listing, organizing , counseling, office procedures, supervising and programmes design.. renovated 2 small rooms for in house clinics. Course beginning knowledge assessment for all students, use feedback in ech class. Plan to establish the Yamanya legal clinic at yamanya building (same building as law department.) focus on divorce and customary law. Mock trial Teaching staff will meet twice a week – students will be divided among teachers into small groups of 3. In house clinic teaching staff will meet 3 tmies a week, One teacher supervises 2 students. The students will get credit for this course – how does mawlamyine get approval for this year – it is under the course ‘human rights’ which is approved and accredited by MBLS (but no one teaches it.) put clinic in human rights course and immediately have an accredited CLE course. Monywa University Myitkyina University: (Su Su Lat) 3 years. 1st year start from june 2015 to 31st may 2016 – make CLE programme

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BRIDGES ACROSS BORDERS SOUTHEAST ASIA COMMUNITY LEGAL EDUCATION INITIATIVE SUPPORT FOR DEVELOPMENT OF CLINICAL LEGAL EDUCATION (CLE) IN MYANMAR 2nd National Myanmar CLE Summer School Taungoo University Department of Law 11-15 May 2015-05-11

about CLE methods and will teach mock trials programme.In classrooms use interactive and reflective teaching methods. Teach students about methods and CLE programme for getting more students – leaflets to promote CLE classes.Get assistance rom external experts. Teach mock trial for students and invite lawyers from the region/state. For developing regional and national CLE network. Students are very interested in mock trial. Establish CLE office. Year 2 – maintain CLE office, train students and staff to go to local court. Relations with local lawyers and law department. Want to develop international and regional CLE network by inviting experts. Year 3 maintain promoting CLE programme, train staff and student,invite experts and lawyers and all teaching staffof law department will cooperate. Make an externship programme. Each year has 2 semesters, externship programmes for students – will contact local court and local experts. Students report to other students and supervisor. Improve research for students. Pathein University Pinlong University No plan to sign MOU, don’t have enough students (30), department will try to persuade them and then can join CLE programme in the future Pyay University Sittwe University: To implement CLE go to 4 selected schools and share legal knowledge once a month. Year 2 commnity teaching and mock trial – aiding poor people. Get advice from lecturers and law experts for mock trials. Year 3 teach community teaching and mock trial – contact with villagers to get help from justice centre and law student volunteer. Law students participate in training and international week and workshops for students interested in this programme. We have no clinical professor or associate professors at Sittwe University, also have language barriers, internet access. One student has been selected for international mock trial.

Taungoo University: Year 1 - Mock Trial 6 weeks meeting once a week. Year 2 community teaching in high schools. Mock Trial Taunggyi University: Mock Trial, Externship (3rd and 4th year students), Community Teaching. Externship groups of 25 students will go to court. Community teaching plan: 2 trips each year to 6 loactions around Taunggyi. Pickchon township in shan state, myamar women’s social affairs (divorce), Inlay Lake (environmental jobs(, Pimpet Steel Mll (waste management), Kakku for community teaching. Yadanabon University: Design the curriculum in jan, get room, choose topic (gambling law), choose volunteers (30 students) as approval from rector. Facilitate the necessary resources (furniture, equipment

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BRIDGES ACROSS BORDERS SOUTHEAST ASIA COMMUNITY LEGAL EDUCATION INITIATIVE SUPPORT FOR DEVELOPMENT OF CLINICAL LEGAL EDUCATION (CLE) IN MYANMAR 2nd National Myanmar CLE Summer School Taungoo University Department of Law 11-15 May 2015-05-11

etc.Train teachers and train stdents to understand and apply the relevant law. Lecture and practice twoce a month (start may finish September). Lectures in first class,practice calassin 3rd week. 4thyear students twice per month for 3 months oct-Dec – community teachin gin amarapura township. Improving CLE programme by keeping up to date info on website, being published in journals and newspaper and broadcast on national tv. Have evaluations to review the wholeprocess of the programme including experiences of students and difficulties in December.. 2nd year legal community teaching and moc trial. Choose new students and work off of feedback for community teaching. Mcok trial recruit volunteers and invite experts to help out with moot court. Field trip programme – field study trip to mandalay regional courts (final year students) led by tutors, studying the courts process and observing the trial processes. Yangon University: Po Po Know about mock trial, produce pro bono lawyers, do community legal service. Year one mock trial programmes. Year 2 learning actual trial in actual courts, Year 3 teaching community service and then practicing community service (on campus training other students with real clients on legal knowledge and legal advice). Visiting local courts,inviting judges, attorneys etc to take part in mock trial. YUDE: khin htay tint and daw zin mar thein Distance university so cannot meet students conventionally. 2015 research programme, (taught by Dean),legislative drafting programme (apply programme t YUDE curriculum – will research and think about application by august 205 – Dr Thida is working on a book on this topic), mock trial programme (hosted mock trial training and participated in NMT – students were prepared and trained. Developprogramme for online and distance learning students during face to fce programme – there is high interest n this programme and they will work with the student’s schedukes to find students to participate) and lesson development (supplement family law curriculum, develop video for teaching mock trial – using youtube and CD-Rom, 10 draft lessons by Feb 16, ield test 5 lessons in march, approval from Dean (after BEbs feedback), try new lessons with September class and on line learning.) 2016 – mock trial and lesson development (to supplement criminal law curriculum. 2017 – mock trial (write and preoare ½ day mock trial lesson for other students.) and lesson development. YUDe has so many online students all over Myanmar – goal number 6 of CLE –big impact. YUDe is making a textbook on – intro to study law, customary law (courses taught by other universities – they will be open source so other unis can use these books and resources for their own programmes.)

Magway University: uses reflective and interactive methods, community teachings, collects feedbacks from community teaching, teachings related to criminal and labor law, go to village supervisors, uses externships, did not mention where the community teachings are, will send

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BRIDGES ACROSS BORDERS SOUTHEAST ASIA COMMUNITY LEGAL EDUCATION INITIATIVE SUPPORT FOR DEVELOPMENT OF CLINICAL LEGAL EDUCATION (CLE) IN MYANMAR 2nd National Myanmar CLE Summer School Taungoo University Department of Law 11-15 May 2015-05-11

10 students to the courthouse for externship, will create an externship manual to facilitate the placements at the court, second, third and fourth year as well as masters students will take part in the externship; why - effective learning makes skillful students.

Monywa University: MT, CT, Field trip; already held CT within their university to other departments, will do MT 2nd semester 15 on crim law; want to have MT on defamation cases; focus on marriage law cases, interreligious marriage under customary law; field trip to the courts in the Monywa District; law firm is working with the university to supply real active cases for their MT scenarios;

Pathein University: wants to do MT; will engage lawyers; need to develop teacher capacity, need more funding; integrating CLE methods into other classes on topics like right of counsel in criminal law; has done CT? or just want to?; will target students native villages for CT; expand legal services through an in-house clinic in 17-18; need help from local lawyers;

Pyay University: MT, CT, integrate CLE methods in other law courses; MT have started already, CT not yet; 15 first semester, held MT, did legal ethics lessons; 15 2nd semester, continue MT while selecting students and training them for the CT, integrating CLE methods into other legal classes like Myanmar legal history in the era of Kings; will have students tells stories of ancient law in the legal history class; presentations on the differences of contracts and torts; will have evaluation sheets for students to use at the end of each course using CLE methods; MT skills such as opening statements, cross-x, objections, closing arguments; fully developed schedules for MT classes; results of MT will be knowledge of trial procedure, ethics, case analysis; evaluation will involve final exam, mock trial events, journals; 2016 1st semester: CT lesson plan and permission from authorities, engaging village leaders;2nd semester continue mock trial and CT; 17 1st semester, revise mock trial lesson plan following feedback, pick new topics for CT, engage new students in CT and MT; benefits to the community, legal procession etc.

Evaluation (taken from Evaluation Sheets):

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BRIDGES ACROSS BORDERS SOUTHEAST ASIA COMMUNITY LEGAL EDUCATION INITIATIVE SUPPORT FOR DEVELOPMENT OF CLINICAL LEGAL EDUCATION (CLE) IN MYANMAR 2nd National Myanmar CLE Summer School Taungoo University Department of Law 11-15 May 2015-05-11

Date: Reporting Session Title: Facilitator(s): 11 May 2015 Daily Debrief Hsar Moo Time: 16:55 Reporter’s Name: Sophie Geoghegan Session Outcomes: Wrap up the day and recap what was learnt. Teaching Methodologies Used: Questions and answer Review Consolidation of knowledge. Session Report: Assign reflective journal homework – collected on thursday

Evaluation (taken from Evaluation Sheets):

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BRIDGES ACROSS BORDERS SOUTHEAST ASIA COMMUNITY LEGAL EDUCATION INITIATIVE SUPPORT FOR DEVELOPMENT OF CLINICAL LEGAL EDUCATION (CLE) IN MYANMAR 2nd National Myanmar CLE Summer School Taungoo University Department of Law 11-15 May 2015-05-11

Date: 12 May 15 Reporting Session Title: Facilitator(s): Measuring and Reporting the Impact of CLE Jonathan Liljeblad Time: 1:00 – 3:20 Programs in Myanmar Reporter’s Name: Max Abbott

Session Outcomes: Participants understand and appreciate the importance of conducting monitoring and evaluation of CLE programs; participants are introduced to the basic concepts of monitoring and evaluation and begin to think about how they can use these concepts for their own programs

Teaching Methodologies Used: Presentation/large group exercises/small group exercises

Session Report: Facilitator discussed the importance of monitoring & evaluation in CLE to capture the details of local context. Facilitator stressed the importance of M&E for conveying value and impact of CLE programs to various audiences. Explained the differences between goals and outcomes that need to be measured by M&E tools.

Exercise connected the six goals of CLE to specific outcomes and measurements. Each table of participants was asked to write one outcome for each of the six goals of CLE. After discussion, each table was asked to identify a measurement that can be used to describe the outcomes they previously listed.

Facilitator explained the sources of data for monitoring and evaluating CLE projects and Key Performance Indicators.

Example: Goal 1: Structured Educational Opportunity – Outcome: Improve Student Skills/Knowledge – Measure: Students Have Knowledge of Specific Legal Subjects – Key Performance Indicator: Exam Scores

Small groups brainstormed a list of key performance indicators for one of their measurements previously listed.

The facilitator discussed research tools: surveys and interviews. Explained the relative benefits of surveys vs. interviews. Explained the importance of triangulation, using different research tools at different times to achieve the same result. Gave an overview of data triangulation, investigator triangulation, theory triangulation, and method triangulation and conveyed the importance of this for obtaining accurate and reliable data.

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BRIDGES ACROSS BORDERS SOUTHEAST ASIA COMMUNITY LEGAL EDUCATION INITIATIVE SUPPORT FOR DEVELOPMENT OF CLINICAL LEGAL EDUCATION (CLE) IN MYANMAR 2nd National Myanmar CLE Summer School Taungoo University Department of Law 11-15 May 2015-05-11

Explained M&E over time vs. at a specific moment by focusing on the concepts of longitudinal vs. cross-sectional analysis.

The facilitator provided instruction on how to conduct quality interviews including how to keep the subject focused and asking probing questions. Explained the importance of and methods for editing interview data into a presentable format.

Explained the Likert Scale for survey evaluation.

Distributed a homework assignment asking groups to make and administer interview questions to other groups. Questions must be related to CLE programs and those answering questions must give feedback to those making the questions.

Evaluation (taken from Evaluation Sheets):

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BRIDGES ACROSS BORDERS SOUTHEAST ASIA COMMUNITY LEGAL EDUCATION INITIATIVE SUPPORT FOR DEVELOPMENT OF CLINICAL LEGAL EDUCATION (CLE) IN MYANMAR 2nd National Myanmar CLE Summer School Taungoo University Department of Law 11-15 May 2015-05-11

Date: 12 May 15 Reporting Session Title: Facilitator(s): Report Writing Sophie Geoghegan Time: 3:45 – 4:30

Reporter’s Name: Max Abbott

Session Outcomes: Participants understand and appreciate the importance of report writing to record the activities and progress of their CLE programs; Participants know how to complete activity reports required by BABSEA CLE

Teaching Methodologies Used: Presentation/brainstorm/role play

Session Report: The facilitator gave an overview of various types of reports used by CLE programs: progress reports, activity reports, meeting minutes, financial reports, narrative reports. Emphasized that financial reports and narrative reports are the most important kinds of reports.

The facilitator conveyed the importance of writing monthly reports for BABSEA CLE by each university CLE program. Small groups at each table were asked to brainstorm reasons why writing monthly reports were important.

The facilitator discussed the content of narrative reports by asking the participants to consider who, what, where, when, why and how for each of their CLE activities.

The facilitator broke the participants into pairs and had one act out someone who had been to Summer School and the other act out someone who had not been to Summer School. The goal of the role play was to get participants thinking about key questions people will want to know about CLE activities and as well foster the ability to answer those questions. Volunteers then reenacted their role play in front of all participants and the whole group judged whether or not the role play covered all the questions about Summer School that would need to be addressed in an activity report.

The facilitator listed the content of a report: objectives and goals, data, analysis, obstacles, achievements, photos and visuals. The facilitator asked the group to study the monthly report template that each university must fill out and return to BABSEA CLE. The facilitator then asked the group to list the types of activities that must be included in the activity report.

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BRIDGES ACROSS BORDERS SOUTHEAST ASIA COMMUNITY LEGAL EDUCATION INITIATIVE SUPPORT FOR DEVELOPMENT OF CLINICAL LEGAL EDUCATION (CLE) IN MYANMAR 2nd National Myanmar CLE Summer School Taungoo University Department of Law 11-15 May 2015-05-11

The facilitator then presented a homework assignment asking each participant to draft a sample activity report on the Summer School.

The facilitator asked the participants to describe the difference between monthly activity reports and journals for the Summer School. The facilitator reemphasized the need for each university to complete an activity report to help the development of each respective program.

Evaluation (taken from Evaluation Sheets):

Date: Reporting Session Title: Facilitator(s): 13 May 2015 Day Overview Time: 08:30-09:30 Reporter’s Name: Sophie Session Outcomes: Get energized Team work in energizer Understand what will be covered in today’s sessions. Teaching Methodologies Used: Energizer Summary/debrief Session Report: 2 teachers were asked t lead an energizer – they chose the human knot. After the energizer they asked participants what this energizer taught and what CLE values, skills, knowledge were gained. Jonathan led a debrief of yesterday’s sessions and introduced the topics that will be covered today. Sophie recapped the report writing session and went through the homework assignment to ensure everyone understood.

Evaluation (taken from Evaluation Sheets):

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BRIDGES ACROSS BORDERS SOUTHEAST ASIA COMMUNITY LEGAL EDUCATION INITIATIVE SUPPORT FOR DEVELOPMENT OF CLINICAL LEGAL EDUCATION (CLE) IN MYANMAR 2nd National Myanmar CLE Summer School Taungoo University Department of Law 11-15 May 2015-05-11

Date: 13 May 2015 Reporting Session Title: Facilitator(s): Administrative structures Thip Nouansyvong Time: 09-30:10:30

Reporter’s Name: Sophie Session Outcomes: Learn about administrative structure of CLE All participants will leave and set up/improve organizational chart at their university Teaching Methodologies Used: Icebreaker Group work Case study of FLP CLE Questions Answer to participants Yes/no signs Session Report: Short icebreaker to introduce Thip. Questions to see what the participants already know about admin structures of CLE and why they are important. Everyone must be aware of their own responsibilities so they can work as an effective team. How does each university manage their organization charts? Group work to make organization charts for each university. Go through organizational chart of FLP CLE. Job descriptions and roles/responsibilities including administrative unit (for in house clinic and community teachings) Bruce asked participants if their university had been given books at the last summer school (all 18 universities were given books) he then asked how many teachers had read any of the books – only a handful had – when asked why the other hadn’t it was because they did not have access to the books (they are locked away.) He then asked whether the participants had seen the electronic materials that were also given out (most had not) when asked why they responded: most did not know about the electronic resources. What can we do to change this? In university groups come up with a plan to make sure everyone has access to the books when they return.

Evaluation (taken from Evaluation Sheets):

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BRIDGES ACROSS BORDERS SOUTHEAST ASIA COMMUNITY LEGAL EDUCATION INITIATIVE SUPPORT FOR DEVELOPMENT OF CLINICAL LEGAL EDUCATION (CLE) IN MYANMAR 2nd National Myanmar CLE Summer School Taungoo University Department of Law 11-15 May 2015-05-11

Date: 13 May 2015 Reporting Session Title: Facilitator(s): Writing Successful CLE Programme Max Abbott Time: 11:30-12:30 Proposals 13:30-15:00

Reporter’s Name: Sophie Session Outcomes: Know how to write a programme proposal The importance of getting to know your donor Teaching Methodologies Used: Powerpoint Question and answer Case studies Groupd work – identify legal problem from their communities – Pictionary and other particiapnts guess the drawn legal problem. Group work analyzing texts and offering feedback Roleplay on creating programme proposal Group presentation Session Report: Think back to previous sessions on evaluation, report writing, administrative structures etc. Yes/no has anyone written a programme proposal (100% No). Over view of programme proposals – request for support from another organization (partner org.) Why are programme proposals important? – budget in many answers – donors are not just for money – they will give advice, technical support, connect you to other orgs, give you in kind support and materials etc Donors have different roles and goals and require different approaches and proposals. Identify donors (who are the donors of CLE Summer School.) to get to know your donor you must do research before asking for their help: 1 way is through request for proposals, also look at the donor website, donor publications, other programmes they support (for comparison to your programme) or you can contact the donor directly. A request for proposal from MRLG was handed out and participants read through the hand out. Question and Answer related to comprehension of hand out (who are the donors? How would you contact them? 8 elements of a proposal (should be included in every proposal that you write – support each other- must be consistent): 1. History of the organization (full name,location, organization mission/goal, acheivements – keep it short and succinct) can include organization structure. Establish your credibility

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BRIDGES ACROSS BORDERS SOUTHEAST ASIA COMMUNITY LEGAL EDUCATION INITIATIVE SUPPORT FOR DEVELOPMENT OF CLINICAL LEGAL EDUCATION (CLE) IN MYANMAR 2nd National Myanmar CLE Summer School Taungoo University Department of Law 11-15 May 2015-05-11

2. Problem Statement – the reson why the programme is necessary. Should include: identification of the problem, history of the problem, why the problem is important, the victims of the problem (how many people, what demographic, what country(ies). The donor should see the same problem and CARE about it (make sure you know your donor. Problem doesn’t have to be a legal problem – it can be ‘there are not enough teaching staff etc.) Include more detail, multiple aspects of the problem and the ways it affects different populations. Look at the goals of the donor and think of the 6 goals of CLE. Who, what , when, where, why – shows the indicators of what the donor is looking for Assign homework – one representative from each university must sign up to be responsible for sending in the assignment by email to the BABSEACLE team. 3. Programme Methods – lists the activities and methods you will employ to achieve your goals and the resources and staff needed to operate the programme. How you will create the resources. Show how the activities effectively achieve the goals, objectives, and outcomes. Highlight the innovative, unique, and cost-effective aspects of the programme. 4. Organization of the organization – administrative structures 5. Monitoring and Evaluation – a means to determine whether a programme is achieving its outcomes. Show how the programme activities will be tracked and recorded in terms of the goals, objectives and outcomes. This can be done through report writing. 6. Budget – accurately reflect the costs and anticipated expenditures. Must show an efficient use of donor funding. Nwe Mar explained how to set out a budget – the appropriate format and what information needs to be in the budget and in what order including how to correctly label different expenses. 7. Cover Letter – appears at the beginning of the proposal but is written last. Introduces your organization and your programme proposal. Short and concise with a formal tone. Activity: groups given a good and a bad cover letter – must identify why one is good and one is bad and list suggestions for improvement.

Activity: separate into goups by table each is given 2 elements of a report which they must write to the MRLG example donor organization according to the call for proposals. Two team members must then to present their case to the ‘donors’ (another table group.) The donors will then ask questions which will be answered. The donors then choose who should get their support. Homework is to write an executive summary for a proposal for your university’s CLE programme to be emaild on Saturday to the whole team. Evaluation (taken from Evaluation Sheets):

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BRIDGES ACROSS BORDERS SOUTHEAST ASIA COMMUNITY LEGAL EDUCATION INITIATIVE SUPPORT FOR DEVELOPMENT OF CLINICAL LEGAL EDUCATION (CLE) IN MYANMAR 2nd National Myanmar CLE Summer School Taungoo University Department of Law 11-15 May 2015-05-11

Date: Reporting Session Title: Facilitator(s): 13 May 2015 Course Accreditation Process Bruce Lasky Time: 16:00-16:30 Reporter’s Name: Sophie Geoghegan Session Outcomes: Understand the importance of gathering and providing correct data Understand that individual work MUST be done individually and not in groups – everyone’s answers must be their own. Teaching Methodologies Used:

Session Report: Quick session on the importance of individual work (some people copied off others for the pre test evaluation.) The importance of gathering correct information for monitoring and evaluating. When collecting data you must make sure that the information you are receiving is correct.

Accredited CLE course means a CLE course that students get credit for taking. How can this be done in Myanmar. Each group gets 5 minutes to think about five different ways that students can get credit for taking a CLE course. Half of each table then rotates one table over and each table discusses their ideas. Continue to rotate and discuss until back at original table. Feedback to the class as whole. In Myanmar it is not easy to get a new class approved so all of the ideas (especially taking CLE and putting it into already existing courses) are very good ideas. Mawlamyine is started an accredited CLE course this year by putting it inside the already accredited Human Rights class. Soon, your universities will have more autonomy to create your own courses. Before you had MOE and MBLS as the main institutions in approving and creating courses for universities but going forward it will be easier as you might only need approval from your rector. You won’t have to go beyond your university to get a new course approved. While you are waiting for this to happen you can follow the Laos model. Don’t have accredited course in Laos (need national parliament assembly approval) but there is a CLE course (with two hours of reading per week, attendance records and examinations.) The faculty monitor how the course is going and demonstrate to the faculty how the course is implemented and then will propose the course to the faculty for approval. It is a test course, a pilot programme. Can use the evaluations to show to the policy makers for approval of the course so that it can be fully accredited. This is one idea/way to get accreditation – there are may available.

Evaluation (taken from Evaluation Sheets):

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BRIDGES ACROSS BORDERS SOUTHEAST ASIA COMMUNITY LEGAL EDUCATION INITIATIVE SUPPORT FOR DEVELOPMENT OF CLINICAL LEGAL EDUCATION (CLE) IN MYANMAR 2nd National Myanmar CLE Summer School Taungoo University Department of Law 11-15 May 2015-05-11

Date: Reporting Session Title: Facilitator(s): 13 May 2015 Day debrief Kyaw Htin Time: 17:00-17:15 Reporter’s Name: Sophie Geoghegan Session Outcomes: Recap all sessions of the day Answer questions from the participants Teaching Methodologies Used:

Session Report: Debrief the day’s sessions, remind all participants of homework and key points learnt. Take questions and ensure everyone is following along correctly. Make a plan for participants to video their interviews this evening with the multimedia coordinator (Hlaing Myint Kyaw)

Evaluation (taken from Evaluation Sheets):

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BRIDGES ACROSS BORDERS SOUTHEAST ASIA COMMUNITY LEGAL EDUCATION INITIATIVE SUPPORT FOR DEVELOPMENT OF CLINICAL LEGAL EDUCATION (CLE) IN MYANMAR 2nd National Myanmar CLE Summer School Taungoo University Department of Law 11-15 May 2015-05-11

Date: Reporting Session Title: Facilitator(s): 14 May 2015 Daily Debrief Time: 08:30 Reporter’s Name:

Session Outcomes:

Teaching Methodologies Used:

Session Report: Problems identified by teams as issues they will face as CLE supervisors in Myanmar in the next 3 years:  Students might not be persuaded to do CLE  Students might not be respectful  Even though you do lots of pro bono as teachers, the students might not care  The students might be disobedient to CLE supervisor in the trainings  Students won’t complete their responsibilities  Students won’t have tome to effectively talk to their tutors  Students might be uninterested in the clinic  Conflict between students and laymen  No communication between CLE team, students, law experts etc  Challenge getting the community on board  Some students may be a problem – have to select ‘good’ students.  Difficult to supervise at a placement  Time management for students  Unity of the group  If someone comes into clinic with criminal law but the students only know family law

Assigned team members to work with universities (each team member has an international expert supporting them.) It is too diffciult for the internationals to cnnect directly to the universities so the myanmar team will ease these communications and eventually step away. Dagon ---Ei Chaw Dawei ---- Kyaw Htin EYU ---Nang Doi Magway ---- Kyaw Htin Mawlamyine ---Nang Doi

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BRIDGES ACROSS BORDERS SOUTHEAST ASIA COMMUNITY LEGAL EDUCATION INITIATIVE SUPPORT FOR DEVELOPMENT OF CLINICAL LEGAL EDUCATION (CLE) IN MYANMAR 2nd National Myanmar CLE Summer School Taungoo University Department of Law 11-15 May 2015-05-11

Monywa ---- Kyaw Htin MU ---- Kyaw Htin MUDE ---- Kyaw Htin Myitkyina ---Nang Doi Pathein ---- Kyaw Htin Pinlon ---Hsar Moo Pyay ---- Kyaw Htin Sittwe---Hsar Moo Taungoo ---Nang Doi Taunggyi ---Hsar Moo Yadanabon ---- Kyaw Htin YU ---Hsar Moo YUDE ---- Dang Hlain Myint Kyaw

Evaluation (taken from Evaluation Sheets):

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BRIDGES ACROSS BORDERS SOUTHEAST ASIA COMMUNITY LEGAL EDUCATION INITIATIVE SUPPORT FOR DEVELOPMENT OF CLINICAL LEGAL EDUCATION (CLE) IN MYANMAR 2nd National Myanmar CLE Summer School Taungoo University Department of Law 11-15 May 2015-05-11

Date: 14 May 2015 Reporting Session Title: Facilitator(s): Recording Data and Ethics Jonathan Liljeblad Time: 9:00 – 12:30; 1:20 – 2:00 Reporter’s Name: Max Abbott

Session Outcomes: Participants understand the interviews and surveys and how they serve as the two principle forms of data collection for CLE monitoring and evaluation and how to record this data; Participants begin to consider the major ethical concerns in monitoring and evaluation

Teaching Methodologies Used: Recap/video presentation/group discussion

Session Report: The facilitator recapped the homework assignment which had participants role play interviews and record them on video. Participants were asked about their reactions to the assignment. The facilitator explained the importance of body language in interviews and analyzed the participant’s body language in the videos. Each video interview was played for the whole group and the facilitator led discussion on interviewing methods, techniques and body language. Problems of communication and ethics were also addressed. The facilitator discussed interviews on CLE subjects as well as more controversial subjects in law and culture.

The facilitator led a lesson on recoding data. The concept of a codebook was introduced for recoding data in an organized and easily accessible format. Participants discussed their homework assignment which asked them to develop survey questions using a Likert Scale. Participants broke into small groups to discuss problems they experienced with the homework assignment. Concepts such as ambiguous data, unipolar questions and the importance of numerical data.

The facilitator introduced core principles of ethics in collecting data in social sciences such as law/legal education. Principles addressed included voluntary participation/consent, confidentiality, research bias, providing information in plain language to subjects, providing consent forms.

Evaluation (taken from Evaluation Sheets):

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BRIDGES ACROSS BORDERS SOUTHEAST ASIA COMMUNITY LEGAL EDUCATION INITIATIVE SUPPORT FOR DEVELOPMENT OF CLINICAL LEGAL EDUCATION (CLE) IN MYANMAR 2nd National Myanmar CLE Summer School Taungoo University Department of Law 11-15 May 2015-05-11

Date: 14 May Reporting Session Title: Facilitator(s): 2015 Supervision and Assessment Wendy Morrish, Kyaw Htin Time: 2:00 – 5:00

Reporter’s Name: Max Abbott

Session Outcomes: Participants understand the methods and purposes of supervision, mentoring and assessment in the CLE context

Teaching Methodologies Used: Energizer/small group discussion/role plays/brainstorms

Session Report:

The facilitator explained the importance of mutual respect between teachers and students. Small groups then discussed how the importance of supervision from the point of view of universities, individual supervisors, externship placement centers and students themselves. The participants then broke into small groups and read scenarios about different cases where supervision of students is needed. They then participated in a role play which required them to respond to the scenarios.

The facilitator reviewed the key attributes of a good supervisor: approachable, respectful, knowledgeable, good communicator, gives constructive feedback, clinically competent. Groups then engaged in a role play that discussed the key attributes and ways they can embody them at their universities.

The facilitator asked the participants to break into small groups and brainstorm three major supervision challenges they foresee occurring during the expansion of CLE programs at their universities.

The facilitator discussed the role of supervision in the expansion of the CLE network in Myanmar. The facilitator explained how BABSEA CLE is currently the supervisor of the network but the long-term goal is the phase out of BABSEA CLE and the assumption of supervision roles by the local universities.

Evaluation (taken from Evaluation Sheets):

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BRIDGES ACROSS BORDERS SOUTHEAST ASIA COMMUNITY LEGAL EDUCATION INITIATIVE SUPPORT FOR DEVELOPMENT OF CLINICAL LEGAL EDUCATION (CLE) IN MYANMAR 2nd National Myanmar CLE Summer School Taungoo University Department of Law 11-15 May 2015-05-11

Date: 15 May 2015 Reporting Session Title: Facilitator(s): Questioning, Client Interviewing and Bruce Lasky, Thip Time: 9:00 – 12:00; Counseling Nouansyvong 1:00 – 4:00

Reporter’s Name: Sophie Geoghegan, Max Abbott

Session Outcomes: Participants learned about teaching methods they can use to instruct their students on interviewing and counseling skills.

Teaching Methodologies Used: video presentation/lecture/energizer/group discussion/reading in the round

Session Report:

Importance of trying in the Summer School – if you make mistakes it is ok. We want to talk to y ou about these mistakes so that everyone learns. 3 volunteers at the front of the class – a word is written behind them – they must guess what is written by asking the class a series of yes and no questions. Difference between open and closed questions – which are used when in the interviewing process. Why do we use open questions? Advantage and disadvantage of open questions. When to use open questions in interviewing process. Same for closed questions. Case scenario of limited info given to class- each table brainstorms the information they would want to find in the interview – written up suggestions on the board. Tables alternated between open questions and closed questions and think about questions to get this information. Share questions with the group to get specific information written on the board. Get into groups of 3 –law student, client and observer – everybody is given a handout to read, the client and observer gets a further handout to read. After lunch there will be interviews with the law student asking questions (15 minute interview following the 4 steps trying to get the information from the limited information they are given. The groups are given 15 minutes to conduct the interviews. The client and observer then give feedback to the law student. Brainstorm as class what kind of feedback is needed and how the feedback should be delivered. Participants were given another handout to read and then they get back into their groups and have 15 minutes to do another interview then 7 minutes for feedback. Groups then share their feedback with the whole group and get feedback on their feedback. How to use interviewing/counseling activities and skills in classes and for different CLE model programmes e.g in a mock trial programme at the start of a semester.

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BRIDGES ACROSS BORDERS SOUTHEAST ASIA COMMUNITY LEGAL EDUCATION INITIATIVE SUPPORT FOR DEVELOPMENT OF CLINICAL LEGAL EDUCATION (CLE) IN MYANMAR 2nd National Myanmar CLE Summer School Taungoo University Department of Law 11-15 May 2015-05-11

A video was shown to the participants recapping last year’s Myanmar Summer School. The video contained footage of interactive classroom sessions and interviews with individual professors explaining the advantages of CLE and how CLE is different than traditional styles of instruction in Myanmar.

The facilitator explained how client interviewing and counseling skills are useful in CLE models in-house consultation clinics, community teaching, mock trial, and externships. Differences in interview techniques, especially related to mock trial techniques, but the purpose of getting information is the same for all CLE models. The facilitator emphasized that interviewing and counseling skills are important for all CLE models, not just in-house consultation clinics.

The facilitator led an energizer exercise designed to highlight communication and listening skills. One student made a pattern with colored bowls while the other student looked away. The other student then recreated the design by listening to the instruction of the first student. The students repeated the exercise except the second student could only ask yes or no questions. Finally the two students repeated the exercise but were allowed to openly communicate.

Participants then read slides that explained the purpose and basic components of a successful interview. Participants discussed the four major steps of an interview: introduction, gathering the client’s history, questioning, agreement and closing. The facilitator stressed the importance of refraining from giving advice in the initial intake interview. Participants read slides explaining what should not be done in an initial interview: giving advice, failing to ask questions, failing to identify client’s issues.

The participants discussed the importance of note taking and recording cases for their CLE programs. The basic components of note taking were displayed on slides and read by different participants. Note taking strategies were discussed such as shorthand and leaving out unimportant pieces of information but focusing on all the different ways the problem affects the client.

Participants engaged in a “grab bag” exercise. Each participant pulled a slip of paper out of the bag which contained a piece of information. The participants then had to decide if the information was relevant to a land law case and provide explanation for their decision.

The facilitators led a session on questioning that focused on the differences between open and

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BRIDGES ACROSS BORDERS SOUTHEAST ASIA COMMUNITY LEGAL EDUCATION INITIATIVE SUPPORT FOR DEVELOPMENT OF CLINICAL LEGAL EDUCATION (CLE) IN MYANMAR 2nd National Myanmar CLE Summer School Taungoo University Department of Law 11-15 May 2015-05-11

closed styles of questions. Participants discussed the purpose of each type of question and when they should be used. The facilitator then led a game in which a word was written on the white board and students had to figure out what the word was without looking through asking questions to the rest of the class.

Participants were presented with a case scenario and discussed what kinds of information they would like to get from their clients in the scenario. After listing the information they would want on the board, different tables drafted lists of open and closed questions that could be used to obtain that information.

Participants broke into groups of three and engaged in a interview role play. One participant played the role of a client, one a student at an in-house clinic and one an observer. The participants were given a legal scenario and enacted a client intake interview.

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BRIDGES ACROSS BORDERS SOUTHEAST ASIA COMMUNITY LEGAL EDUCATION INITIATIVE SUPPORT FOR DEVELOPMENT OF CLINICAL LEGAL EDUCATION (CLE) IN MYANMAR 2nd National Myanmar CLE Summer School Taungoo University Department of Law 11-15 May 2015-05-11

Many thanks to all the supporters of the session:

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Interview and Counseling Workshop Agenda Mawlamyiang University, Myanmar 11th-13th, July 2015

Time Program Trainers DAY 1 CLE Skills 11 July Interviewing skills: listening, questioning, note taking/organization 2015 08:30 Registration 09:00 09:00 Session I: Hsar Moo, Thip, 09:45 Meet and greet Tim CLE general overview and introduction of trainers 09:45 Session II: Bruce, Tim, Hsar 10:45 Introduction to workshop / interviewing skills Moo. Nang Doi - Brainstorming activity: what is an interview? - What are the purposes and goals of interviewing? - Role play: the importance of interviewing and gaining valuable information - What are the steps in an interview? - Question and answer activity: what is not an interview? 10:45 Refreshment Break 11:00 11:00 Session III: Thip, Bruce 12:30 Introduction/lecture on questioning skills - Lesson on open questioning and closed questioning - Introduction to how and when open and closed questioning should be used - Large groups exercise: what are the advantages and disadvantages of open questioning and closed questioning? - Case scenarios: examples of finding out information through the use of open and closed questioning

1 Time Program Trainers 12:30 Lunch 13:30 13:30 Session IV: Bruce, Tim, Dang, 15:00 Introduction/lecture on listening skills Nang Doi - Building block exercise: illustrating the strengths and weaknesses of oral communication - Lesson on active listening and passive listening – responding to feelings and responding to information - Case scenarios: active listening techniques that can be used in certain problem scenarios - Responding to vaguely expressed feelings - Responding to unstated feelings - Responding to clearly articulated feelings 15:00 Refreshment Break 15:15

15:15 Session V: Thip, Hsar Moo, 16:15 Introduction/lecture on interview note taking skills Tim - Grab-bag exercise: demonstrating the importance of identifying and capturing relevant information - Lesson on client-intake form - General tips/checklists for note taking and taking minutes - Case scenarios: practicing recording relevant information and keeping coherent notes with different sections - Telephone game: demonstrating the importance of note-taking and the problems with oral communication/memory 16:15 Wrap Up/Evaluation Hsar Moo 16:45

DAY 2 CLE Skills 12 July Interviewing skills: listening, questioning, note taking/organization 2015 Counseling skills: client focus/options, supervision, decision making 08:30 Registration 09:00

9:00 Session I: All Trainers 10:30 Interview group activity 1: Be Fair Participants will be arranged into groups of 3 with each participants taking the role of lawyer, client or observer for each case scenario The activities will provide participants a chance to practice their

2 Time Program Trainers interviewing skills and also allow for feedback on their performance

10:30 Refreshment Break 10:45

10:45 Session II: All Trainers 12:00 Interview group activity 2: Who Gets the Fruit

12:00 Lunch 13:00

13:00 Session III: All Trainers 14:30 Interview group activity 3: Inhospitable Hospital

14:30 Refreshment Break 14:45 14:45 Session IV: Bruce, Tim 16:15 Introduction/lecture on decision making skills - Lesson on the elements of decision making and client counseling - Description - Discussion - Decision - Brainstorming activity: referral services - Tips and tricks of counseling - Giving bad news - Common mistakes - Decision checklists 16:15 Wrap Up/Evaluation Hsar Moo 16:45 DAY 3 CLE Skills 13 July Counseling skills: client focus/options, supervision, decision 2015 making 08:30 Registration 09:00 09:00 Session I: Bruce, Thip, Kyaw 10:30 Case scenario: Htin - Participants will be divided into 3 groups: - The lawyers from scenario 1 - The lawyers from scenario 2 - The lawyers from scenario 3

3 Time Program Trainers - Each group will be required to identify: - the different legal options available; - the consequences of each of those options; - the advantages and disadvantages of each options - Each group will then present their scenarios to the broader class for analysis 10:30 Refreshment Break 10:45 10:45 Session II: All Trainers 12:00 Counseling group activity 1: Be Fair Participants will be arranged into their same groups as day 1 - The activities will provide participants a chance to practice their counseling skills and also allow for feedback on their performance 12:00 Lunch time/Warm-up 13:00 13:00 Session III: All Trainers 14:30 Counseling group activity 2: Who Gets the Fruit 14:30 Refreshment Break 14:45 14:45 Session IV: All Trainers 16:15 Counseling group activity 3: Inhospitable Hospital 16:15 Session V: All Trainers 16:45 Steps Forward

16:45 Session VI: Hsar Moo 17:15 - Wrap-up for day 3 - Completion of evaluation forms Presentation of workshop certificates

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5

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8 Date: Activity Name: Interview and Location: Mawlamyiang University, 11th-13th Counseling Workshop Myanmar July 2015

Status Successfully Completed

Introduction The Interview and Counselling Workshop, which took place from July 11th to 13th, 2015, was a great success with a total of 35 participants. The participants included students, their lecturers, tutors as well as their Professor. The workshop helped teach the participants how to do interviews effectively and to equip the participants with the skills of listening, note taking, questioning and organisation.

The workshop was also aimed at equipping the participants

with the skill of counselling. The participants learnt the importance of supervision and decision-making skills. Many different CLE methodologies were used during the workshop, and the outcome was positive with the participants leaving with confidence of new skills learnt.

Activity Objectives The objectives of the workshop was to educate, inform and explain to the participants the ways in which to interview and counsel their clients effectively. With the use of CLE methodology, the facilitators aimed to equip Overview the participants with various skills, such as listening, note taking, : questioning and organisation.

Activity Participation and Support

Trainers from BABSEA CLE Myanmar, and former ICIR, Harrison (Tim) Dickie.

9 The following table lists the activity participants:

N Fema Email Name of Student Male Position Contact No. o. le

Professo r Head mikhinsaw24@gmai 1 Dr.Mi Khin Saw Aung √ of Law 095118771 l.com Departm ent [email protected] 2 Daw Thida Lwin √ Lecturer 09255800449 om

3 Daw Hla Hla Htay √ Lecturer 09401585339

Daw Seinn Lei Lei seinnleileiaung@gm 4 √ Lecturer 09421136783 Aung ail.com Assistan 5 U Hla Myo √ t 09449253834 Lecturer Daw Naw Thandar nawaung489@gmail 6 √ Tutor 09261541675 Aung .com

[email protected] 7 Daw Thin Thin Oo √ Tutor 09792424460 m

nyomesunaing211@ 8 Daw Nyome Su Naing √ Tutor 09973434813 gmail.com

eisandar749@gmail. 9 Daw Ei Sandar √ Tutor 09402595894 com

1 khinezarlin199066@ Daw Khing Zar Lin √ Tutor 0943197866 0 gmail.com

1 [email protected] Daw TinTin Hla √ Tutor 09402671485 1 m Assistan 1 minminapril@gmail. Daw Min Min Latt √ t 095680401 2 com Lecturer Assistan 1 Daw Khin Marlar dawkhinmarlarkyaw √ t 0933326756 3 Kyaw @gmail.com Lecturer 1 [email protected] Daw Lai War Oo √ Tutor 09420064583 4 m

10 1 yinyinmoe123@gma Daw Yin Yin Moe √ Tutor 09401564305 5 il.com

1 chawchawwai4@gm Daw Chaw Chaw Wai √ Tutor 09425271742 6 ail.com

1 babysmile1991@gm Daw Thin Thin Maw √ Tutor 09449249399 7 ail.com Assistan 1 littlesnow0988@gm Daw Hnin Hnin Nge √ t 09402541440 8 ail.com Lecturer 1 khinewailin@gmail. Daw Khine Wai Lin √ Tutor 09421157546 9 com Assistan 2 Daw Ohn Mar Nyo √ t 09425280981 0 Lecturer 2 dr.yinyinlatt@gmail. Dr.Yin Yin Latt √ Lecturer 943032527 1 com

2 nyeinnyein120@gm Daw Zin Mar Nyein √ Tutor 09444014065 2 ail.com

2 khinnyineaye1@gm Daw Khin Nyein Aye √ Tutor 09790470892 3 ail.com

2 aungwahlin@gmail. U Aung Zaw Lin √ Tutor 09401665486 4 com

2 everremember2013 Mg Aung Hein √ Student 9972514532 5 @gmail.com

2 activecoolgirl@gmai Sawng Shin Moe √ Student 9970152747 6 l.com

2 Mg Nyein Chan √ Student 9971402669 7 Maung

2 mayaminnge@gmail Ma Yamin Myat Soe √ Student 09425276132 8 .com

2 winthidar125@gmai Ma Ei Phyo Thu √ Student 09252515409 9 l.com

3 nyimalay.n1894@g Ma Sink Sink Ko √ Student 09255910171 0 mail.com

3 Ma Htoo Yee Nandar royalqueen1500@g √ Student 9425262103 1 Aung mail.com

11 3 zunpan.legalstudent Ma Zun Pan Nu Nu √ Student 9255985050 2 @gmail.com

3 Ma Theint Thu Thu √ Student 095191391 3 Paing

3 Ma San Mya Thida √ Student 09253078906 4

3 Daw Su Nandar √ Tutor 09420701851 5

36 Mr.Bruce Lasky √ Trainer (66)818843499 [email protected]

37 Mr.Harrison Dickey √ Trainer [email protected]

38 Ms.Thip Nounsyvong √ Trainer 8562023388065 [email protected]

pa.clefellow@babseac 39 Ms.Pavina Thephithuck √ Trainer 8562028988811 le National new.mar@babseacle. 40 New Mar √ Programme 95154630 org Coordinator hsar.moo@babseacle. 41 Naw Hsar Moo Paw √ Legal Trainer 973196788 org

Programm naweieichaw007@g 42 Ei Ei Chaw √ 09401533777 Assistant mail.com

Assistant nang.doi@babseacle. 43 Nang Doi √ 09420184341 Legal Trainer org

Project [email protected] 44 Hlaing Myint Kyaw √ 09796589731 Assistant m

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In addition to the active support of the participants from the various universities and organizations listed above, this activity was also supported by the following private firms, non-profit organizations and foundations:  USAID  Herbert Smith Freehills  DLA Piper/New Perimeter  UNDP  ‘Education Triangle’ Methodology Brainstorming Role Play Question and Answer activities Group exercises Case Scenarios Building block exercise: strengths and weaknesses Grab bag exercise Telephone game (broken telephone) – communication exercise Group activity: interviews

Conclusion The participants were enthusiastic about learning and participating in the workshop. From the results of the Pre and Post-test evaluations, we can see that their knowledge about interviewing and counselling increased dramatically from participating in the workshop (See Appendix A). This was a further step in the integration of CLE values and principles at law faculties across Myanmar.

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Appendix A – Pre and Post Test Results

14 Mock Trial Curriculum Development Workshop Internal Agenda 29 Nov'15 & 19 Dec'15

Time Session

Day 1

9.00am – Introducing Mock Trial and Ways and Means Mock Trial Can Be 10:30 am Used as Teaching Method to Learn Substantive and Procedural. Mock Trial Curriculum & introduce to scenario

10.30am – Break 10.45 am

10.45 am- Working in Group – Each Dealing with Separate in 1. Steps in the Mock 11:30 am Trial process 2. They begin adapting the workshop session plan into building blocks of the curriculum

11.30am – Continue Working in Group – Each Dealing with Separate in 1. Steps in 12.30pm the Mock Trial process 2. They begin adapting the workshop session plan into building blocks of the curriculum. Group Feedback.

12.30pm Lunch – 1.30 pm

30361172 page 1 1.30pm – Review Mock Trial Case Scenario and discuss in group how to 3.30pm embed in curriculum

3.30-4.45 Group Feedback

4.45pm – Reflection and wrap up & Home work 5.00pm

Day 2 19 Dec'15

9.00am – Examination In-Chief 10.00am

10.00am – Cross Examination 11.00am

11.00am – Break 11.15am

11.15am – Closing Argument 12.30pm

12.30pm- Lunch 1.30pm

1.30pm- Scoring/Evaluating a Mock Trial 2.15pm

2.15pm – Mock Trial Preparation and Rehearsal/Debrief 4.30pm

4.30pm – Reflection and wrap up 5.00pm

30361172 Mock Trial Manual 201410-11 2015 page 2 Mock Trial Curriculum Development Workshop

Babsea CLE & Yangon University of Distance Education 29 nov & 19 dec What are the steps involved?

• Step 1: Rationale? Understand why we are doing this? • Step 2: Complete our Curriculum Planning overview Template • Step 3: What material do we have to work on? • Step 4: Devise individual lesson plans for each module • Step 5: Complete the Curriculum Top Sheet • Step 6: Complete the Standard Curriculum Programme Document Step 1: Rationale? Why we are doing this? • Step 1: Activity 1: Brainstorm – The Curriculum Development Journey – Why is developing a Mock Trial curriculum a good idea? Step 1: Rationale? Why we are doing this? • Access to Justice • Develop CLE programme • Good planning for potential textbook too! • Quality Assurance • Constructive alignment & proper design • Programme Management • Standardization • Delivery: content & depth • Examinations Process • Sustainability and Maintenance • Buy-in of Teams/ Formality • Formal Validation – Board of Studies • Get outside Organisations & visitors to assist

BRIDGES ACROSS BORDERS SOUTHEAST ASIA COMMUNITY LEGAL EDUCATION INITIATIVE SUPPORT FOR DEVELOPMENT OF CLINICAL LEGAL EDUCATION (CLE) IN MYANMAR [Mawlamyine University] Monthly Project Status Report

Please note this report is due no later than the 5th day of the month for the previous month. (Example-August 2015 report is due no later than September 5th, 2015)

Please send this report to all of the following email addresses:, [email protected], [email protected] and [email protected], [email protected], [email protected], [email protected], [email protected] , [email protected], [email protected], [email protected], [email protected], [email protected]

Report Period: February Prepared By: Law Department, Mawlamyine University 2016

Status Summary: To implement and adopt the CLE methods in the class we used the theory of constructivism. It is because staffs in law department view that a single of power force or law staffs owned skill and technique cannot drive for long term CLE implementation.

Describe this month’s activities, including the project’s current status and any difficulties encountered.

 We did CLE Mock Trial at University with Law teachers and students.

 QUT Externship students spent two weeks at University and teaching CLE English to teachers and students.  In 4 to 7 February, two CLE students and one teacher participated in the 2nd National Myanmar CLE Mock Trial training and Event.  In 9 and 10 February, five teachers attended Client Centre Lawyering Training at Mawlamyine Justice Centre.

Describe plans for next month, including any expected challenges. Next month we have exam and students are preparation for their exam.We will not do the CLE activity.

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BRIDGES ACROSS BORDERS SOUTHEAST ASIA COMMUNITY LEGAL EDUCATION INITIATIVE SUPPORT FOR DEVELOPMENT OF CLINICAL LEGAL EDUCATION (CLE) IN MYANMAR University Monthly Project Status Report

Goals & Objectives: Rate the success of your CLE Programme in meeting its goals and objectives for this month (1 = not met at all; 10 = fully met). 1 2 3 4 5 6 7 8 9 10 Please explain your response in the space below.

Through QUT Externship programme,

Through 2nd Myanmar National CLE Mock Trial training and Event, good relationship among the university.The students got good experiences, understand about the rules of the Lawyers and procedure of the court.They have good preparation for their professional lifes.

List CLE activities actually performed this month. Please explain who conducted the activities and where, as well as how many other participants there were and their names and titles. Be as specific as possible. Include such activities as meeting clients, community teaching, training workshops, curriculum development, using CLE teaching methods in classes, and administrative-policy development. - Teachers and students attended 2nd Myanmar National CLE Mock Trial Event at EYU.BABSEACLE and international lawyers are giving the training to students and teachers. - CLE Mock Trial ( all teachers conducted the training and selected 14 students from 1st ,2nd and 3rd year students participate in the event) - QUT Externship ( all teachers and 3rd to master students participated in this activity )

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BRIDGES ACROSS BORDERS SOUTHEAST ASIA COMMUNITY LEGAL EDUCATION INITIATIVE SUPPORT FOR DEVELOPMENT OF CLINICAL LEGAL EDUCATION (CLE) IN MYANMAR University Monthly Project Status Report

Give an example of how an activity worked particularly well this month, and describe this month’s greatest success.

CLE mock trial at University because the students actively participate in the activity and they did all things the best.

If you run an Externship CLE Programme, describe advancements you have had with the programme, including but not limited to programme design/implementation, additional partners and/or other activities that have occurred. - If you run an Mock Trial CLE Programme, describe advancements you have had with the programme, including but not limited to programme design/implementation, additional partners who may be assisting with the Mock Trial CLE Programme and/ or other activities that have occurred.

CLE mock trial at University because the students actively participate in the activity and they did all things the best.

If you run an In-House Consultation CLE Programme, describe an interesting case from this month. (Please be mindful of confidentiality issues.) Not yet.

If you run an In-House Consultation CLE Programme, how many cases were opened this month and how many were closed? What were the results? What were the areas of law (please circle and add number of cases opened/closed): Contract law - HIV/AIDS Issues - Child Rights - Criminal Law and Statelessness and - - Constitutional Law - Procedure Identity Issues Family Law - Consumer Protection - Civil Law - Gender-Based Land Law & Housing Alternative Dispute - - - Violence Issues Rights Resolution Other (Please specify areas below): - -

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BRIDGES ACROSS BORDERS SOUTHEAST ASIA COMMUNITY LEGAL EDUCATION INITIATIVE SUPPORT FOR DEVELOPMENT OF CLINICAL LEGAL EDUCATION (CLE) IN MYANMAR University Monthly Project Status Report

Using the fields below, describe any community teachings your project performed this month (e.g., villages, migrant worker settings, universities)? Who was the Number of attendees & approximate ages (if community? Topics taught known), genders, & student/supervisor statuses Total Continue

M 10-18 18-30 30-50 50+ Location F 10-18 18-30 30-50 50+ Student Teachers Supervisors Describe any difficulties experienced with community outreach or teachings. If none, what did you find were effective ways to let the community know about your services and to encourage the community members to participate. -

Describe how you could have improved the activities you performed this month. -

If you have conducted community-needs assessments this month, describe your methodology.

-

In order of priority, list the greatest legal needs identified in your community-needs assessments. -

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BRIDGES ACROSS BORDERS SOUTHEAST ASIA COMMUNITY LEGAL EDUCATION INITIATIVE SUPPORT FOR DEVELOPMENT OF CLINICAL LEGAL EDUCATION (CLE) IN MYANMAR University Monthly Project Status Report

How are you meeting these needs and what are the challenges you’ve encountered?

-

CLE Activities to Be Performed This Month: What activities did you intend to perform this month? (Please note such activities whether or not you performed them.

 We did CLE Mock Trial at University with Law teachers and students

 In QUT Externship students spent two weeks at University and teaching CLE English to teachers and students.  In 4 to 7 February, two CLE students and one teacher participated in the 2nd National Myanmar CLE Mock Trial training and Event.  In 9 and 10 February, three teachers attended Client Centre Lawyering Training at Mawlamyine Justice Centre.

If applicable, why did you not perform or fully accomplish all your intended activities? Were there specific challenges? Include, for instance, problems with administration (including lack of procedures and policies); lack of resources (such as space, equipment, support staff); management; personnel (including clinicians); student participation; and relationships with key stakeholders. Please explain below.

- For the in house clinic , waiting for permission for renovation the clinic.

What, if anything, could you have done better to complete your intended activities? - If we will get the permission from rector we can run the in house clinic.

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BRIDGES ACROSS BORDERS SOUTHEAST ASIA COMMUNITY LEGAL EDUCATION INITIATIVE SUPPORT FOR DEVELOPMENT OF CLINICAL LEGAL EDUCATION (CLE) IN MYANMAR University Monthly Project Status Report

What further resources would have helped you complete your intended activities?

- Rector permission

What was your greatest CLE challenge this month?

-

If your programme encountered challenges, what strategies did you use to overcome them?

-

Describe whether you had sufficient administrative support (e.g., were there enough people to answer the phone, make lesson plans, buy supplies?). - We don’t have enough teachers to participate in CLE programme.

Human Resources How many students participated in your Programme this month? - CLE Mock Trial – Around 30 students - QUT Externship Programme- Around 70 students - 2nd Myanmar National CLE Mock Trial Event – 2 students

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BRIDGES ACROSS BORDERS SOUTHEAST ASIA COMMUNITY LEGAL EDUCATION INITIATIVE SUPPORT FOR DEVELOPMENT OF CLINICAL LEGAL EDUCATION (CLE) IN MYANMAR University Monthly Project Status Report

Did you have more or fewer students than you anticipated? If so, please explain (e.g., was there a lot of interest in the Programme, or were there many absences?). -

How many law teachers participated in your Programme this month? What were their levels (e.g., tutor, assistant lecturer, lecturer, assistant professor, professor, professor head)?

- CLE Mock Trial – All teachers - QUT Externship Programme- All teachers - 2nd Myanmar National CLE Mock Trial Event – One teacher

Did you have more or fewer law teachers than you anticipated? If so, please explain (e.g., was there a lot of interest in the Programme, or were there many absences?).

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Plans & Opportunities for the Future What are your CLE plans for next month?  Next month we have exam and student are preparation for their exam. We will not do the CLE activity.

What major CLE plans or activities for beyond next month are you now working on?

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BRIDGES ACROSS BORDERS SOUTHEAST ASIA COMMUNITY LEGAL EDUCATION INITIATIVE SUPPORT FOR DEVELOPMENT OF CLINICAL LEGAL EDUCATION (CLE) IN MYANMAR University Monthly Project Status Report

Training Describe any training sessions attended by your Programme’s staff or students, including the date, the trainer’s name, and the subject.

- Five teachers attended Client Centre Lawyering training at Mawlamyine Justice Center. The trainers are from BABSEACLE, Irish Lawyer, ASF Lawyers and Mawlamyine Justice Centre Lawyers. - One teachers and two students attended 2nd Myanmar National CLE Mock Trail Workshop at EYU on 4 and 5 February,2016.

Describe any training to perform higher duties or more complex tasks and any additional responsibilities that CLE Programme staff or students undertook this month.

-

Provide details about any local or foreign experts who visited your Programme this month.

- QUT Students and Catherin (the teacher from QUT) - Don Peter (ICIR) - Bruce Laskey (BABSEACLE)

Describe any further training needs you have identified.

We need technical support from BABSEACLE when writing report and preceding CLE programme.

Describe any study visits or exchanges to or from other regional and international university CLE programs that your students or law teachers undertook.

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BRIDGES ACROSS BORDERS SOUTHEAST ASIA COMMUNITY LEGAL EDUCATION INITIATIVE SUPPORT FOR DEVELOPMENT OF CLINICAL LEGAL EDUCATION (CLE) IN MYANMAR University Monthly Project Status Report

If previous CLE students run your programme or assist in its core functions, has this helped? If you don’t, would your Programme benefit from a former student’s help? Explain.

We got a former students’ help.

Please list any national or regional CLE workshops or conferences attended by a representative from your Programme. - 2nd Myanmar Naitonal CLE Mock Trial. - Client Centre Lawyering Training

Support Rate the support (including training materials, online support, training workshops, etc.) you received from the BABSEA CLE Consortium (including DLA Piper, New Perimeter, & HSF). (1 = not supported at all; 10 = fully supported): 1 2 3 4 5 6 7 8 9 10 Please explain below. That is very support when Don Peter, Catherine Cambell and Kyaw Htin came and work together with the teachers for the lesson plan of CLE classes.

Did your Programme need more support than it received? If so, why, and of what type?

-

If applicable, explain any new practices, procedures or policies that helped develop your organisational capacity and how you implemented them. Explain the problems they were intended to address.

- Not yet.

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BRIDGES ACROSS BORDERS SOUTHEAST ASIA COMMUNITY LEGAL EDUCATION INITIATIVE SUPPORT FOR DEVELOPMENT OF CLINICAL LEGAL EDUCATION (CLE) IN MYANMAR University Monthly Project Status Report

Materials Used and Expenses What extra materials did you use in the CLE Programme this month and how much did they cost? Please provide us with your monthly budget.

- Copying case scenario for CLE Mock Trail. - Preparation for CLE Mock Trail Setting.

Networking & Collaboration Explain any collaboration (including written or oral correspondence) between your CLE Programme and other CLE Programmes nationally, regionally or internationally this month?

- QUT Students and Catherin (the teacher from QUT) - Don Peter (ICIR) - Bruce Laskey (BABSEACLE) - Mawlamyine Justice Centre

Does your CLE Programme have a mentor CLE Programme or person, and is your CLE Programme a mentor to another CLE Programme? If not, would you like to have or be a mentor programme? Please explain why or why not. - Don Peter (ICIR) - Catherine ( QUT)

If yes, please describe any engagement you have had with your mentor or mentee programme this month.

- Development of the CLE programme

Please describe any interaction between your CLE Programme and other legal stakeholders (including lawyers, members of the judiciary, prosecutors) this month?

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BRIDGES ACROSS BORDERS SOUTHEAST ASIA COMMUNITY LEGAL EDUCATION INITIATIVE SUPPORT FOR DEVELOPMENT OF CLINICAL LEGAL EDUCATION (CLE) IN MYANMAR University Monthly Project Status Report

How did your CLE Programme explore the potential for further networking and collaboration opportunities with legal stakeholders this month? If it didn’t, explain why? Not Yet

Describe any interactions your CLE Programme had with other community organisations? Not Yet

How did your CLE Programme explore the potential for further networking or collaboration opportunities with other community organisations this month? If it didn’t, why not?

Not Yet.

Feedback Describe any feedback provided to you this month about your CLE Programme from any source (for instance, comments from clients, community members, or other stakeholders). - Professor from other departments gave good feedback to do the CLE programme.

Other – Questions and Comments Describe any other relevant matters relating to your CLE Programme this month.

- No

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MAWLAMYAING JUSTICE CENTER

Time Program Trainer(s) Materials

DAY 1 The Ethical Practice of Client-centered Lawyering

08.15-08.30 Registration Nang Doi & Chomie Team 08.30-09:00 Session 1: Meet & greet 09:00-10:30 Session 2: Introduction to training agenda & objectives Miriam & Debrah Flip charts, butcher The ethical practice of client-centered lawyering paper Session objective: This session will explore the concept of client- centered lawyering as a means of ensuring access to justice and furthering the objectives of an ethical legal profession. This session will focus on how lawyers can achieve the objective of acting in a

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client’s best interests while ensuring we foster client autonomy. This session also emphasises empowerment (of the lawyer, client and potentially of the community) as one of the outcomes of client centered lawyering approach. Topics addressed:  What are professional ethics? (Discussion topics could include, what are personal ethics/morals, where do we get ethics? What are professional ethics? In Myanmar what is the source of ethics?)  List out all of the duties including duties to colleagues, professional courtesy, professionalism*  What is ‘client centred lawyering’?

10:30-10:45 Morning Break

10:45-12:15 Session 3: Meeting clients and trusting a lawyer Jake

Session Objective: This is an interactive and practical skill building session which will explore the basic skills needed by a legal practitioner to develop a client’s trust and respect. It will address these issues in the context of a lawyer’s ethical obligations and the higher standards expected of members of the legal profession.

Topics addressed: Client interviews, lawyer competence, the

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importance of good case management, the nature of lawyer client relationship and what happens when clients are unethical? 12:15- 13:15 Lunch 13:15 – 14:15 Session 4: Lawyering in practice – Myanmar experiences of Bruce to act as legal ethics & client centred lawyering. facilitator Local experiences involving the local lawyers and allowing MJC Lawyers, local them time to share their experiences. Facilitated large group bar, teachers discussion with aims to draw on local examples and practices as a means to identify current and potential ways to ensure ethical client centred lawyering.

14:15-15:30 Session 5: Duty of confidentiality & legal professional privilege Bruce

Session Description/Aim: This is an interactive, values strengthening and practical skill building session which will focus on the key elements of the duty of confidentiality and the issues arising when the duty conflicts with other duties owed by the lawyer. It will look at underlying societal rationale for the existence of the duty of confidentiality, as well as what happens when this duty creates a conflict between the client and the lawyer’s interests and other duties.

Topics 1. What is the duty of confidentiality and why does it exist?

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2. Who has the right and who has the duty of confidentiality? 3. When does the duty of confidentiality start? 4. What is legal professional privilege? 5. What is the difference between the duty of confidentiality and legal professional privilege? 6. Exceptions to the duty of confidentiality (note: important to stress the narrow interpretation of these exceptions) 7. Conflicts between the duty of confidentiality and the duty to disclose.

15:30-15:45 Afternoon Break 15:45 – 16.45 Session 6: Avoiding conflict of interests Freda (Lead), Rory It will look at instances of when a lawyer’s own interests or the interest of others conflict with those of his / her client and what happens when lawyers do not act solely in their client’s interests.

Session objective: This is an interactive, values strengthening and practical skill building session which will focus on:- Topics  What is a Conflict of Interest?  Conflict Arising Between Lawyer and Client  Conflict Between Current Clients  Conflict between former/current client and potential client  Conflict between lawyer and Former Client

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 Should legal practitioners act for their own family members?  What happens when a lawyer’s own interests conflict with those of his / her client?  How to ethically address a conflict of interest after it has occurred? 16:45-17:00 Wrap up and evaluation (5 ‘Take aways’ for sharing next morning) Nang doi DAY 2 The Ethical Practice of Client-centered Lawyering

09:00- Session 1: Recap on Day 1 - 5 ‘Take aways’ sharing Trainer(s) Materials 09:159Time Program 09:15-10:45 Session 2.1: Sources of ethics and lawyer’s duties to the Court Jake and Debrah 1. What does it mean to be an officer of the court? 2. The Duty Not to Abuse Court Process 3. Duties in Relation to Witnesses* 4. Duties to the Client v’s Duties to the Court 5. Consequences of Breach

10:45-11:00 Morning Break 11:00-12:15 Session 2.2: Duties to the Court – Ethics and Witnesses Jake and Debrah 12:15-13:15 Lunch 13:15- 14:30 Session 3: Working with clients in trauma Bruce This session will explore and provide some initial insights and

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guidance for lawyers on ethical, effective methods as well as challenges when working alongside clients in trauma. The idea is to

provide a brief set of materials for participants to take away. 14:30-14:45 Afternoon break

14:45 – 16:15 Session 4: Duty to the Administration of Justice Debrah (Lead) & This session is in two parts, the first party involves an interactive Miriam session aimed to bring together the various elements discussed over the 2 days under the umbrella of ‘the duty to the administration of

justice’. E.g. If the client asks us to do something illegal do we report it? If the client wants you to appeal and there are no grounds and you

have advised them of this. What do you do? The duty to the

administration of justice cuts across all the other duties and is pervasive so this might be a good capstone session. What happens when there is a conflict with what lawyers are instructed to do and administration of justice? Panel session on how to move forward and work to ensure that these client centered and ethical principles are further put into practice both MJC Lawyers, local at the MJC but also more broadly throughout Myanmar. bar, teachers

16:15-16:30 Wrap-up & evaluation

Van leaves for Yangon at 5pm or before – scheduled arrival in Yangon

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What is Client Centered Representation?

Client-centered representation means that the lawyer gives the client the power, ability, and the right to decide what direction the client wants to take, after being given the information and counsel the client needs. The lawyer attempts to understand her client’s situation from the client’s point of view; she must understand not only the client’s immediate desires, but also the contextthat shapes those desires. The lawyer respects that client’s right to choose the ultimate course of the case.

What makes a lawyer a client-centered lawyer?

Client-centered lawyers don’t treat their clients as passive objects of their expertise and knowledge. Rather than insisting that the client follow their advice, client-centered lawyers spend a good amount of time and energy rethinking their advice – within the context of the client’s situation – and if still convinced they are offering their clients the best advice, develop strategies for helping clients to understand and accept their lawyers’ perspective, and why the clients should act on the advice of counsel. Ultimately, a client-centered law lawyer lets the client decide how his or her case will be resolved, and that decision is met with respect, courtesy, cooperation, and support from the lawyer.

To move away from authoritarian, top-down lawyering, and develop a client-centered approach, a lawyer must at least: acknowledge that the client “owns” the problem and its solution, understand the motivations involved (of both the client and oneself), listen to and develop a case theory jointly with the client, and generally counsel with the understanding that the client is the primary decision-maker in the relationship.1At its best, client-centered facilitates a process to help lawyers and other legal aid service providers examine how culture, race, gender, religion, age and socio-economic differences impact upon the lawyer/client relationship. Lawyers must explore what assumptions lawyers and clients have about each other, and what role those assumptions, on both sides, play in the lawyering process.2

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1DAVID BINDER & SUSAN PRICE, LEGAL INTERVIEWING AND COUNSELING: A CLIENT- CENTERED APPROACH (1977).

၁ (၁၉၇၇)

2Susan Bryant, The Five Habits: Building Cross Cultural Competence in Lawyers, 8 CLIN L. REV. 33, (Fall 2001)

၂ (၅) (၂ ၁)

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How is client-centered lawyering a useful model for legal aid service provider organizations?3

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Client-centered representation is the best model for institutional legal aid service providers. In addition to the benefits discussed above, it can be a means by which lawyers and clients can overcome the distrust and misunderstandings that are sometimes associated with legal services for the poor. Traditionally, clients often don't believe legal aid service providers are good lawyers, certainly not as good as "paid" lawyers. They sometimes question the lawyer's commitment to the client and the client's needs. Legal aid clients at the outset sometimes question the lawyer's ability and loyalty to the client. This distrust is unfortunately justifiable in too many legal aid offices. There are legal aid lawyers whobelieve that a good lawyer does all the talking, and a good client listens and obeys.

3 Client-centered lawyering can also be utilized to avoid pitfalls in human rights lawyering – “[t]he type of human rights advocacy most strongly and fairly critiqued with charges of Western Imperialism, essentialism, othering or re-victimizing the subjects of their own advocacy is one in which the advocate goes searching for an issue to champion, without consulting the people who will be impacted by the advocacy.” Dina Francesca Haynes, Client-Centered Human Rights Advocacy. 13 CLININCAL L. REV. 379 (2006) ၃ -

- (၂ ၆)

Initially, client-centered representation is complicated for legal aid service providers, in part because at its core, client-centered representation depends on trust and respect. For client- centered representation to work effectively the lawyer must respect the client and the client must trust their lawyer. Building trust between client and public defender can take time. There can be many barriers to achieving true client-centered representation: caseloads can be too high; lawyers may themselves feel disempowered and attacked by more powerful actors (such as judges and prosecutors) in the justice system; unlike the lawyer in Kramer v. Kramer, often lawyers come from different regions, social classes or ethnic groups from their clients. Clients themselves can be reluctant to share the information necessary, either about the facts of the case or about their goals, to allow lawyers to provide client-centered representation.

( )

Kramer v. Kramer

Yet when executed systematically, client-centered lawyering can serve to overcome these manifestations of this client distrust of lawyers. A client-centered lawyer not only respect their clients’ stated goals of representation, she also provides representation that takes into account the whole client and his or her needs beyond mere legal representation. She listens to her clients, and she examines their special needs as they relate not only to the best possible outcome for their cases, but beyond that, the best possible means of improving their lives, and their place in their community.4

What are some elements of client-centered lawyering for institutional legal aid service providers?

In order to foster a culture of client-centered representation, legal aid service providers need to build it into their organizational structure. One innovative legal aid service provider suggests that there are four “pillars” to effective client-centered representation:5

4http://www.pdknox.org/writeup/82 5http://www.bronxdefenders.org/the-four-pillars-of-holistic-defense/#sthash.5m0F3wIW.dpuf. The original passage used the term “holistic defense” rather than client-centered representation. Other terms are “community based representation” and “multi-modal.”

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1. Seamless access to services that meet clients’ legal and social support needs. ၁

Client-centered lawyering begins with a commitment to addressing clients’ most pressing legal and social support needs. Because the universe of these needs will vary from community to community, a client-centered lawyer or legal aid service provider must begin by identifying the full range of client needs. This can be accomplished in part by assessing the needs of the community from which their current and future clients come. For example, some communities struggle with immigration issues whereas others with land disputes, family law or housing issues. Far from being a one-size-fits-all approach, client-centered lawyering aims to address those issues that most commonly lead to its clients’ involvement in or need to access the justice system.

၅ ------

Beyond simply offering these services, whether in-house, through a series of partnerships with social service agencies, or through a combination of both, client-centered representation encourages a “seamlessness” in the way clients are represented. For a client-centered lawyer, helping a client to access immigration representation, time with a social worker, or assistance with a public assistance application should become as easy as walking over to another advocate in the same office.

2.Dynamic, interdisciplinary communication. ၂

In a fully developed and funded legal aid service provider practicing client-centered representation, the client will likely have several advocates, depending on the immediate need, a lawyer, a paralegal, or perhaps a social service advocate. What is fundamental to the practice of client-centered representation is not so much that there is an interdisciplinary team, but that the team’s culture is one of open, frequent, and meaningful communication. Communication must be characterized less by hierarchy and referrals and more by a dynamic and interdisciplinary exchange of ideas and information. Just as importantly, each of those advocates – such as the social worker and the paralegal – are in independent communication with each other and not just communicating through a “primary” lawyer. The client, in turn, sees himself or herself as being represented by a team of dedicated advocates all of whom are in communication with each other, rather than by a single advocate who grasps only part of the big picture that is the client’s life.

2. Advocates with an interdisciplinary skill set. ၃

The bedrock of a client-centered representation is a passion for providing the highest- quality advice and advocacy. But beyond the zealous advocacy of the committed legal aid service provider, each advocate must be willing to develop and enhance a specific set of skills that is both client-centered and interdisciplinary. This may be most difficult for a lawyer who has been trained to view his or her knowledge, skills and opinions to be superior not just to those of the client, but also to those of other advocates in the legal aid service provider office. For example, lawyers may learn how to identify mental illness and social workers may be trained in screening clients for potential immigration issues. In this way, each member of the staff of a client centered legal aid service provider office ends up with a skill set fundamentally different than that of their colleagues in more traditional settings.

4.A robust understanding of, and connection to, the community served.

At its core, effective client-centered representation entails cultivating a robust understanding of, and connection to, the community served. This practice derives from the realization that the advocate who is better able to relate to her client because she has spent time in his neighborhood and with members of his community will be more likely to provide authentic and effective representation. The lawyer who can leverage this community understanding will be more likely to achieve better legal outcomes. Similarly, the advocate who can speak from experience to a judge in a civil matter or to a counselor or administrator of a social service agency about the client’s neighborhood or school will be a more persuasive and effective advocate. On a broader level, community engagement helps the client-centered legal aid service provider to earn the respect and trust of the community which, among its many benefits, helps build a community- based network of support services for clients, their families, and neighborhoods. Furthermore, enhanced community engagement sheds light on clients’ needs, which guide decisions about how best to allocate resources.

The Ethical Practice of Client-Centered Lawyering Workshop Mawlamyaing Justice Center

Date: 9.2.2016 Reporting Session Title: Pre-Session Facilitator(s): Bruce Participant Test Lasky and Jake Time: 8:30 am Stevens

Reporter’s Name: Andrew Valentine

Session Outcomes: • Participants take a short test to identify their knowledge of certain Myanmar laws and procedures. The purposes is so that we can know our audience. • Introduction; Meet and Greet. • To get comfortable with each other mix up the group.

Teaching Methodologies Used:  Participants take test.  Meet and Greet – participants greet each other and identify one thing they want to learn and one thing they want to give at the workshop. Participants circulate around the room and meet one-on-one for a couple of minutes and then recirculate.

Evaluation (taken from Evaluation Sheets):

Date: 9.2.2016 Reporting Session Title: Introduction Facilitator(s): Miriam to Training Agenda and Objectives and Debrah Time: 9:00 – regarding The Ethical Practice of 10:30 am Client-Center Lawyering

Reporter’s Name: Andrew Valentine

Session Outcomes:  To explore the concept of client-centered lawyering as a means of ensuring access to justice.  To further the objectives of an ethical legal profession.  To teach how a lawyer can achieve the client’s best interest while ensuring that we foster client autonomy.  To emphasize empowerment (lawyer, client, community).

Teaching Methodologies Used: Group discussion; small group breakouts.

Session Report:

Participants asked about the concept of client-centered lawyering. Not many were familiar with the term.

Participants were shown a video (advice to person in jail). Participants were shown a second video (domestic violence/shelter).

Group discussion of interaction between lawyer and client in video clips (good things and things that could be improved).  Good things: o Lawyer explains the law o Lawyer agreed to keep confidential  Things that could have been done differently: o Needed to find more evidence.

Discussion of whether lawyers in videos adequately addressed the non-legal issues of the client. Lively discussion among participants. Lawyers could have done a better job to be sympathetic and understanding what the client needs are. “Client- centered” focuses on making sure the client’s objectives are met even if not the most aggressive legal option. We are not “Superman/woman.”

What is client-centered lawyering?  Lawyer to gives client power, ability and right to decide the direction of action after being given all relevant information.  Understand where the client is coming from.  Understand immediate desires and the reasons that shape those desires.  Respect the right of client to make final decision.  Kindness and empathy.  Not treat client as passive objects.  Spends lots of time counselling and strategizing – active listening.  Looks at social, emotional and other non-legal problems.  Looking for non-legal ways to help the client, if needed.  When appropriate, looking for non-legal resolution.  Let client decide how his or her case will be resolved.  “Common sense” advocacy.

Vote on whether all lawyers do client-centered lawyering or whether some don’t. Most in room things some lawyers do not do client-centered lawyering.

Examples:  Division of family land. Need to perfect title. Client may not be comfortable with how to split land.  Custody case. Mother may not be comfortable arguing that the father in unfit because she knows father and child are close.

Often need to deal with alcoholism, substance abuse, domestic violence and other issues.

In client-centered lawyering, lawyer and client are equal.

Sometimes overlaps with social justice and human rights issues.

Duty to encourage the client to participate in the client and asking client to share what client wants to get out of the process. Client participation; empowerment.

Client may not want a legal solution. For example, in a domestic violence case, safety, financial independence, best situation for kids usually weigh higher than punishing the spouse. May require working with social services, schools, and self- help organization.

May require adjusting your ideas and thoughts and personal feelings. The goal is always to accomplish what the client wants after being informed.

Activity: The room broke out into two groups. On half did Case Scenario 1 and the other did Case Scenario 2. There were two rounds of “Fishbowl” role play and then discussion regarding whether the lawyer in the role play was employing client- centered lawyering and what improvements could be made.

Debrah – Powerpoint presenation and discussion Client autonomy & empowerment – help people achieve goals and protect rights and interests. Need to give them the necessary informaiton to help the client decide what they want to do. Duty as lawyers to act in best interests of clients, exercise their rights and lawyers comply with their obligations. How do we do in ethical and client centred way? Two things to keep in mind 1. Empowerment 2. Autonomy. We have discussed these things but to discuss in detail. Client empowerment – giving the power to understand the law and be able to use it. We do this so clients can make informed decisions and make decisions themselves. This can take many forms, community legal awaremess or other access to justice. How do you think we can empower clients? What does it mean in practice? From the floor – the lawyer should ask the client what they want – give the client the option. Debrah says what about asking the client what they want. You need to advise independently and then there may be a range of things the client can do . Advise them on the pros and cons and what they need to do – need to understand and their desired outcomes. You have given the client options and advice – then what do you do? If you have empowered them then you allow client autonomy to take place. They make their own decisions. Client will ask you sometimes – what do you think I should do? Not up ot you to make the decision for the client and some recommendations perhaps but they make the decisions. You can’t impose what is best for them – let them come up with decision. If they come to you and say I want to report domestic violence you should report it. Some times a client will go against your recommendations. So you advise of the consequences and they you advise of other options of which they are complaining about. You don’t need to like the decision but you need to respect the decision. Empowerment about giving the tools and automony about using these tools provided.

Evaluation (taken from Evaluation Sheets):

Date: 9 Feb Reporting Session Title: Facilitator(s): Meeting clients and trusting a lawyer Jake Stevens Time: 11.35 Rory O’ Boyle

Reporter’s Name: Freda Grealy

Session Outcomes: This was an interactive and practical skill building session which explored the basic skills needed by a legal practitioner to develop a client’s trust and respect. It addressed these issues in the context of a lawyer’s ethical obligations and the higher standards expected of members of the legal profession.

Topics addressed Client interviews, lawyer competence, the importance of good case management, the nature of lawyer client relationship and what happens when clients are unethical? As a result of this session participants will be able to:  Explain the key ethical issues present in meeting and interviewing a client for the first time  Interview and counsel a client  Analyze the impact of competence on the lawyer-client relationship In this session participants will practice the following skills:  Problem solving  Discussion  Counseling  Legal Analysis  Goal Determination  Summarizing

Teaching Methodologies Used: In this session participants will practice the following training methodologies:  Think-pair-share  Brainstorm  Jigsaw  Client-counsel role play

The following rule of law principles are relevant to this session:  Access to justice  Legal certainty  Fairness

Handouts In this session you will use:  6.1.1: Which System of Law  6.1.2: Area of Law Definitions  6.1.3: Borrower Information  6.1.4: Lender Information  6.1.5 Law Firm info  6.1.6 Legal Resources for Law Firm  6.1.6.1 Legal Resources for Law Firm (Short)  6.1.7: Legal Resource Sheet  6.1.8 Case Summary Sheet.

Session Report: Jake opens and talks about the first interview with a client. He indicated that the session will focus on 3 different things.  You will explain to me the ethical issues between a lawyer and a client in an interview.  Then you will conduct an interview between a lawyer and a client.  Then we fnish up reflecting on the interview and was it consistent with client centered laywering or not.

Explained by Jake that this session will focus on the skills needed and ethical considerations necessary to conduct the first meeting with a client. Write outcomes on flipchart paper and explain them and discussion of other concerns.

What are the ethical issues that arise in a first interview: [note next time a more effective way to ask this would be what are the ethical problems that might exist]  Confidentiality  Problem with a lying client  Competence of the lawyer

Solutions that might follow: Building trust Respect

Each table to talk for 5 minutes about how you would solve these ethical problems.

FOCUSER – WHAT ETHICS ARE RELEVANT? To encourage participants to learn about different ethical concerns are relevant from the beginning on the lawyer-client relationship. Beginning with the entire group, the participants were asked to brainstorm the ethical issues most likely to arise during the first meeting with a client. One of the participants wrote them up on the white board, putting a check when one is repeated. (5 minutes) Activity – framing There is a disagreement between a borrower and a lender over a loan of 10,000,000 kyats (100 lakhs), which has not been repaid. Participants will now conduct client-lawyer interviews to determine the best alternative for resolving this disagreement. Ask participants to form 3 groups: One plays the role of lenders, another borrowers and the third are lawyers. Two participants are needed for each lender-borrower pair in order that each lender and borrower can have representation. Also ask these groups to make signs indicating their roles. (5 minutes) NOTES TO FACILITATORS Depending on the number of participants in the training, you could divide participants as follows: If 12 in workshop: 2 borrowers; 2 lenders; 8 lawyers (2 per firm) If 15 in workshop: 2 borrowers; 3 lenders; 10 lawyers (2 per firm) If 18 in workshop: 3 borrowers; 3 lenders; 12 lawyers (2 per firm) If 21 in workshop: 3 borrowers; 4 lenders; 14 lawyers (2 per firm) If 24 in workshop: 4 borrowers; 4 lenders; 16 lawyers (2 per firm) For numbers in between, either make 1 or 2 borrowers/lenders teams of 2 or add an additional lawyer to a firm. Give the groups their respective handouts from HANDOUT 6.1.3- 6.1.8. Each borrower should be given HANDOUT 6.1.3 (Borrower Information) and HANDOUT 6.1.7 (Preparation Sheet for Clients). Each lender should be given HANDOUT 6.1.4 (Lender Information) and HANDOUT 6.1.7 (Preparation Sheet for Clients). Ask the participants playing lawyer roles to pair with each other, forming firms (made of 2 lawyers), and set up separate conference tables. Half the lawyers will be given the complete packet: HANDOUT 6.1.5 (Law Firm Information), HANDOUT 6.1.6 (Legal Resources for Law Firm) and HANDOUT 6.1.8 (Case Summary Sheet for Lawyer). Half the law firms will get a partial list of legal resources (Handout 6.1.6.2) rather than 6.1.6 (5 minutes) Ask participants to study the materials in their handouts. Warn participants that they must not make up facts. Each group will be given a fact sheet that is specific to their role. Ask the participants to, as much as possible, act consistently with the information given in those sheets. (5 minutes) Tell the potential clients that they have 15 minutes to find a lawyer and get advice by role playing a counseling conference with their lawyer. The information provided should give lawyers enough knowledge about the situation to give competent information to their clients about alternatives and consequences. The clients should seek to be fully advised on all possible options for accomplishing their objectives with the pros and cons of each described to them. They should feel like they have been informed sufficiently to enable them to make a decision that they believe best pursues the possibility of obtaining maximum possible satisfaction. As the counseling role plays occur, the facilitator should create the following chart on the white board or flipchart. Hide it from the participants until the counseling role plays are done. When the interviews are finished, ask each participant playing a client role: (8 minutes)  What course of action they will choose after this conference (facilitator checks the appropriate category on the white board chart).  Did your lawyer help you fully understand your options and their consequences?  What was the most important thing about how your lawyer treated you as a client?  Did your lawyer listen to you sufficiently and effectively?  Do you think your lawyer was knowledgeable about the relevant law? Ask the lawyers: (7 minutes) (no charting is done during this discussion)  Did you advise your client what to do and, if so, why?  Did you have enough information from your clients in the handout and additional questions you asked?  Would you have liked to know more about the applicable law before doing this role play?  Were your goals the same as your clients and, if not, how did you handle these differences?  Did you think you were prepared to advise your client? Ask the CLIENT Questions on debrief – how many lawyers gave advice about criminal law? 4 of them. How many received advice on civil law? 5 people How many received information on mediation or negotiation? 3 people Ask the LAWYER Did you have enough information? Yes so you just have to ask questions to find out the rest of the information. Stay in groups and 3 things that were interesting or that you learned in this session and one thing that was not clear or you would like to hear more about.

Evaluation (taken from Evaluation Sheets):

Date: Reporting Session Title: Facilitator(s): 9 February Lawyering in practice – Myanmar Bruce Lasky Time: 1:45 – experiences of legal ethics & client 2:35 centred lawyering

Reporter’s Name: Rory O’Boyle

Session Outcomes: Local experiences involving Myanmar lawyers, allowing time to share experiences. Facilitated large group discussion which aims to draw on local examples as a means to identify current and potential ways to ensure ethical client centred lawyering.

Teaching Methodologies Used: Brainstorming Small Group Work Feedback from Small Group Large Group Discussion

Session Report: Bruce introducing himself to the group and explained his own practice background. He referenced Myanmar’s Code of Conduct which describes law as a ‘noble profession’ and he concluded that he is proud of the profession. However he said that he wasn’t always proud of all lawyers in his own country and some unethical lawyers give the entire profession a bad name. He asked participants to reflect on three aspects of the profession that they are proud of in Myanmar and three aspects that they are not so proud of. By way of example he said that from his own jurisdiction, the USA, he is proud that trainee lawyers had to pass an ethics exam before they can practice. However he was not proud that lawyers in the USA advertised so much on TV. He then invited participants to write on post-its three things in Myanmar that they are proud of about the profession and three things that they are not so proud of. These post-its were then placed on two separate large sheets on the walls (one identifying positives, one the negatives) and everyone was invited to circulate and look at the responses given. Following this participants were given three minutes to discuss their findings in small groups (three groups in total). Two people from each group were appointed to report back, starting b identifying things about the profession that they are proud of. Examples included that (1) lawyers are dedicated to finding the truth; (2) some lawyers in Myanmar give free services to the poor (3) many political leaders are lawyers; (4) some lawyers focus on human rights work. Once these examples were established, participants were invited to identify things about the profession that they are not so proud of. Examples given included that lawyers are not always truthful when dealing with the court (2) that some lawyers accept money to help clients avoid the law (3) and even if the client has a weak case the lawyer will take money. The group agreed that not all lawyers accept this conduct, but that the practice is so widespread that it has almost become a custom.

Following the overall group discussion Bruce invited participants to go back into their groups and to identify one thing that can be done to ensure that we are all prouder of our profession. Examples included (1) greater access to places like MJC who can give access to law to very disadvantaged people. MJC can then become a model for all lawyers. (2) good guidance from older lawyers to younger lawyers (3) end the practice of lawyers paying judges and the judges taking the money.

Evaluation (taken from Evaluation Sheets):

Date: Reporting Session Title: Facilitator(s): 9 February Duty of Confidentiality and Legal Bruce Lasky Time: Professional Privilege 2:35 – 3:32 pm Reporter’s Name: Jake Stevens

Session Outcomes: Examine Key Elements of Duty of Confidentiality Analyze conflicts between confidentiality and other lawyer duties Propose rationale for existence of such a duty Teaching Methodologies Used: Role Play; Small and large group; Case Scenarios

Session Report: Bruce jumped right from previous session. Announced this was to be on confidentiality. Set up “Confidentiality Act 1 Role Play.” [ Woman arrested for assault on husband. Issues raised: third party participation in lawyer client conversation; conflict between representation.] Then small group discussion of what was wrong with role play. First off-focus on divergences from Myanmar practice. Lawyer did not fully advise on actions, premature assurance on outcome. Speaker phone consultation in presence of third party. [maybe translation issue re: who accused hit.] Bruce re-explained hypo, posed questions re prior husband meeting. Sent them back to small groups. Return to large group: Issue of what makes someone a client enough to create potential conflict. What about duty of confidentiality to prior husband? Bruce polled group, then stated duty of confidentiality would bar representation. Presented hypothetical of lawyer being cornered out in public for advice – small group discussions: is there problem with confidentiality and/or legal professional privilege. What clients tell to lawyers can’t be used in court. When does relationship begin? What is the scope? Lies from client – Bruce says “under your rules still confidential.” Statement of intent to commit future crime- Bruce says not confidential. Case scenarios assigned to each table. Deferred to next day. Bruce recounted real life story when lawyer disclosed names of prior clients to him. Lost his trust. Distributed 8 page handout on confidentiality. Said to use it for considering scenarios. (Home work.)

Evaluation (taken from Evaluation Sheets):

Date: 9.2.2016 Reporting Session Title: Facilitator(s): Avoiding Conflict of Interests Freda Grealy Time: 15:45 - Rory O’Boyle 16:45 pm

Reporter’s Name: Miriam Chinnappa

Session Outcomes: Understanding the conflict of interest, conflicts between the lawyer and the clients, between current clients, between former/ current and potential client and conflicts between lawyer and former clients. Identify situations where there is conflict of interests, and how to ethically address this after it has occurred.

Teaching Methodologies Used:

Case scenario (4 groups of 5 people) – identify the potential conflicts of interest for the lawyer, group discussions and presentations,

Session Report: Freda introduced the session plan to the participants. Rory then asked the participants to take a few minutes in their groups to discuss their understanding of conflict of interest, given that this topic was briefly discussed in earlier sessions (Jake’s and Bruce’s sessions). Group feedback: (1) Tensions that may arise in representing the client and serving as an officer of the court. (2) representing two clients on the same case at the same time (3) family members in dispute, conflict in interest in representing family members in dispute with each other (4) two lawyers representing the family members (facilitator clarified that there may not be a conflict here). Rory put up the definition of conflict of interest and fiduciary relationship (ppt) Freda distributed the case scenario and asked the participants to take 5 minutes to read the scenario and make a list of the conflict of interests for the lawyer. Each group to share 1 issue they identified: (1) the lawyer makes secret profits from the client (2) the lawyer has other profitable business such as Fruity Pty and does not disclose this to the client (3) does not disclose that the business is facing insolvency(4) should not have advised the sister, Thandar – big conflict of interest as the lawyer reacts as a family member and not as a lawyer. The facilitator (Freda) asks if it is okay for the client to include the lawyer in her will and gift him, to which the participants unanimously agreed it was not. Andrew draws the participants attention to other aspects of conflict of interest listed in the case – Is it okay for the lawyer to draft the will for client which provides for the lawyer to receive gifts? And is it conflict of interest where the client prepares the documents for the company. The participants agreed that it is conflict of interest and explained why they thought so. Group discussion: Why it is important for lawyers to be mindful of conflict of interest and how can it be avoided? Feedback: (1) In situations where there is conflict of interest, then client confidentiality is compromised (2) The lawyer should be loyal to client and look for the best interest of the client (3) Lawyers takes an oath to be faithful to the client (4) The lawyer has to be honest to the client, the Summation by the facilitator (Andrew) Duty of Loyalty – The lawyers owe 100% loyalty to the clients. If there is a conflict the lawyer cannot give 100%. In the US, the lawyers believe that the lawyer owes 110% loyalty.

Announcements: Handouts to prepare for tomorrow’s session.

This morning Bruce asked for 1 item that the participants want to take from the workshop, and now, Freda asks the participants to think of 1 thing they would like to give to the workshop.

Jake and Debrah handed out reading materials/ resources to prepare for the sessions they will jointly facilitate. They have to read these materials as they will be used in group discussions.

Evaluation (taken from Evaluation Sheets):

Date: 10/2/2016 Reporting Session Title: Facilitator(s): Sources of Ethics – Lawyers Duties to Jake Stevens Time: 9:00am the Court Debrah

Reporter’s Name: Rory O’Boyle

Session Outcomes:  Identify the key ethical dilemmas facing lawyers participating in court  Explain the relevant sources of rules controlling lawyer behaviour in court  Draft/list lawyers’ duties to the court

Teaching Methodologies Used: Think-pair-share Snowballing Brainstorming Jigsaw

Session Report: Jake introduced the session by explaining the background and purpose of the topic. He referred back to topics that were covered yesterday that would also be included in this session, such as a lawyer’s duty with regards to confidentiality, but emphasised that the group will be dealing with these topics in new ways. The first group activity focused on common ethical challenges facing lawyers in the court. Deborah asked the participants to get into pairs and to spend five minutes discussing challenges faced – i.e. what are the ethical challenges when you go to court. Debrah then invited comments from the group and placed the answers on the whiteboard for the entire group to see. Comments were comprehensive and included (1) interfering with witnesses and witness evidence (2) judge taking money (corruption) (3) intimidation between the lawyers based on seniority of lawyers (4) client changes plea/story (lying) (5) Fraudulent documents provided/misleading the court (6) not able to present all the evidence – court rushes proceedings (7) judges discriminates against the lawyers (i.e. biased judges) (8) conflict between lawyer and the client (9) pressure from the judge for the defendant to confess (10) representing two accused in the one case (11) too many cases to be competent.

The facilitators then divided the class into five smaller groups (four at each table). Jake explained that each group was going to review a particular legal/ regulatory document (i.e. the Legal Practitioners’ Act; the Contempt of Court Law; Case Citation of a particular case (?); the Irish Professional Conduct Guide; A New York County Opinion) (15 minutes for review). Each group was instructed to study their particular document and to prepare answers to the following questions (1) What is the document? (2) Who wrote it? (3) What are five ethical rules in the document? Groups were once again mixed with one ‘expert’ on each document placed in each sub-group. Each member was asked to report to the rest of their group their answers the three above questions (15 minutes for this group discussion).

All participants were invited back for an entire group discussion focusing on the documents reviewed. Starting with the Irish Code of Conduct, participants identified that the Code was written by lawyers for lawyers and that it gives specific guidance on how to deal with ethical issues that arise, such as conflicts of interest and lying witnesses. Next the group looked at the case citation, which is judge made and gives guidance on, amongst other things, advertising rules. The Legal Practitioners Act was identified as of legislative origin from 1926 and dates from the time of the British empire. There was a final acknowledgment that there are many sources of ethical rules which can be of different origin. Participants were instructed to remain in their groups and were asked to write up the five most important ethical rules that young lawyers need to know when they go to court (large flip-chart paper distributed to each group) which were then placed on the walls for review.

Participants were asked to divide into groups based on the day they were born. Jake concluded that he hoped that MJC continue to develop ethical rules.

Evaluation (taken from Evaluation Sheets):

Date: 10 Feb Reporting Session Title: Duties to Facilitator(s): Debrah 2016 the Court – Ethics and Witnesses and Jake

Time: 11:00-12:15 (scheduled)

11:35-12:15 (actual) Reporter’s Name: Andrew Valentine

Session Outcomes: What does it mean to be an officer of the Court? Understand the duty not to abuse Court process. Understand ethical duties relating to witnesses. Understand duties to the client v. duties to the Court. Understand consequences of breach of duties to client.

Teaching Methodologies Used: Group discussion, break-out sections.

Session Report: Activity. Participants were broken into pairs and given case scenarios. Discuss and be prepared to respond to these questions?

Was there a breach by lawyer? Does lawyer have a defence? How could lawyer have prevented/avoided? What is likely to happen to the lawyer?

Participants were asked to answer these questions and notes were taken on butcher paper.

Duty Not To Coach Was there a breach by lawyer? Duty not to coach. Does lawyer have a defence? How could lawyer have prevented/avoided? Advise of obligation to tell truth. What is likely to happen to the lawyer?

Duty to Ensure Witness Attends Court Was there a breach by lawyer? Duty to court, follow rules, ensure witness does same. Does lawyer have a defence? How could lawyer have prevented/avoided? Explain duty and legal obligation to attend Court; explain risk not of not attending; discussion of impact of silence by attorney. What is likely to happen to the lawyer?

Discussion about why lawyers make bad ethical decisions. Sometimes even good lawyers do not know all the ethical rules. However, not knowing the rules is not a defence.

Important issues – Director of MJC wanted it covered.

Evaluation (taken from Evaluation Sheets):

Date: Reporting Session Title: Facilitator(s): 10 Feb Working with clients in trauma Bruce Lasky Andrew Valentine Time: 13.15 Reporter’s Name: Freda Grealy

Session Outcomes: This session explored and provided some initial insights and guidance for lawyers on ethical, effective methods as well as challenges when working alongside clients in trauma.

Teaching Methodologies Used: Role play, discussion, mini-lecture

Session Report: This session began with the role play from yesterday used in the confidentiality session. It is conducted in Myanmar language. The role play began and once act one was finished and before they move on to scene 2 Bruce, interjects and says ‘okay we know what happened she was arrested in the home’ – but he gets participants to write down one word on how how she (EiEi) is feeling. One word only - they come up with ‘afraid, shame, angry, hopeful, weakness, guilty’. In Act 2, EiEi is about to go to Kyaws office, Bruce asks if she is feeling these things what may be some ways that she acts or communicates with Kyaw when she is feeling these things? He asks participants to write down how she might be feeling going to see the lawyer. They respond – ‘she may cry, she may not be able to speak’. Then Bruce asks how she might act – response: ‘she might be angry they say and she may cry, she may grab her air, she may shake’. There are feelings, sayings and actions and they are different things.

They continued with the role play and Bruce got the participants to act out the emotions with feeling. Ei Ei was stopped a few times and asked to feel and demonstrate the emotions.

A brief discussion of what trauma is ensues.

Question given to the floor: What are things that create trauma in peoples lives? Give them 3 minutes to talk about this. Bruce started off about the floods last year and this caused trauma to people. Feedback from the tables – ‘feeling betrayed, losing something valuable, getting arrested’. Andrew, if two people are facing the court system – one person first time going to court for the first time. Do we both have trauma? Maybe it’s the same and maybe it is different. The point is it is individual to the person. It is important for you as lawyers to look out for signs of trauma in your clients. Clients can feel powerless – discussion of what it means to feel powerless?

How should a lawyer behave towards soemone who is powerless. Active listening, empathy, caring and kind, let them feel good and strong and empowered. You may think you are not a social worker and many lawyers think this way but you should listen to the client. This is very important when you are working in criminal legal aid work because so many of the clients are in trouble. Then examples were given of clients who are in trauma and the participants are asked to discuss these various examples. Andrew shared a woman client who is 25 years old, last year she worked at one company and she changed jobs and worked for a different company and she was accused of taking confidential information from her first company and giving to her second company so her first company is threatening to sue her in court and her new company is accused of bringing over new information. So when Andrew met with her and interviewed her she was very nervous and showing physical signs of trauma, distracted, could not look at him and shaking. At times she was crying, and exhibiting emotional stress and trauma and some of the questions she had trouble answering. He did not think she was lying but she was so upset she was having trouble remembering what had happened. Bruce shared a story about acting for a sex worked when he was 24 years old. During the conversation I realise that she is transgender, ‘both man and woman’.[note: use of this language may need to be revised for next time] Some participants laughed and Bruce said that he laughed from the inside too but not at her. She had a tough time. She did not have friends or a support network from her family and she began to use drugs and to pay for the drugs she became a sex worker. Where Bruce practices sex work is a crime. So she would be put in prison and in the man side of the prison. When they put her in the man side what do you think happened her – she was raped again and again and again and they knew it was happening and they kept putting her in there. At age 27 the client is telling Bruce this and the elements of sex work and I am just thinking about the legal case. I am not thinking of what she is going through. In the end she ended up killing herself – So you have such an important role as lawyers and making sure you work with your clients and so many of them are going to be in trauma. It may be like Andrew’s case where they feel bad but it may end up with them killing themselves. The core essence of ‘ethical practice of client centered lawyering’ is to be aware of how clients are feeling. Work in groups and discuss examples of when you have dealt with clients who are in trauma or university teachers – I bet you have students who are in trauma. The participants shared – one woman shared that she acted for a client who was a witness for the defendant something happened in the court and she was very scared and the client fell down and she had to deal with it. (not entirely sure I understood what was being said here) Another guy shared that the family and they are selling the home and then they refused to sell they were sued and they went to jail. At this time the clients were very angry and were shouting and they don’t trust or believe the lawyer. The lawyer could not explain to the clients. The lawyer allowed her to [I found this story hard to follow too] Strategies for working with clients in trauma,  Active listening  Empathy  Empower them and give them strenghth – don’t make them feel shame. Some more helpful tips  Encouragement  Be open minded  Patient  Be clear  Avoiding retrauma – don’t keep asking them to tell the story again.  Lawyers become traumatised working with clients who are in trauma. Lawyers do many things to deal with difficult situation. End of session

Evaluation (taken from Evaluation Sheets):

Date: 12/2/16 Reporting Session Title: Facilitator(s): Duty to the Administration of Justice Debrah and Miriam Time: 9:00am

Reporter’s Name: Rory O’Boyle

Session Outcomes: The session explored the duty to the administration of justice, how far it extends and what that means in practice. It examined the idea that because lawyers play a central and critical role in promoting and preserving the rule of law, their duties to clients and as officers of the court need to be carefully fulfilled and balanced, under the overarching duty to the administration of justice.

Teaching Methodologies Used: Small group discussion Large group discussion Panel Discussion

Session Report: Debrah and Miriam introduced the session by highlighting content links with previous sessions, namely the ethical practice of client centred lawyering; the duties to the court and the Myanmar experiences. They emphasised the important role that lawyers play in the administration of justice.

Debrah asked participants to form small groups to discuss why legal ethics are important to the practice of law? (five minutes) Following the small group participants provided feedback to the entire group. Comments included: (1) the legal profession is a noble profession and the lawyer must be seen to uphold its values (2) to build trust with clients and the court (3) maintaining reputation (4) promotion of the rule of law. Debrah concluded that if people have faith in the justice system they won’t attempt to find alternative remedies outside the system.

Debrah then provided an overview of the duty to the administration of justice, using a PowerPoint presentation. The presentation focused on questions such as what does the duty to the administration of justice encompass? What does it mean in practice? What if it conflicts with the duty to the client?

Debrah referred to the possibility that the duty to the administration of justice might conflict with the lawyers’ duty to their client. She discussed the fact that there are exceptions whereby the duty to the client will not be upheld because the duty to the administration of justice takes precedents, for example when the client asked you to do something illegal. This was illustrated by way of example using PowerPoint slides. In the example provided the client claimed that she was unlawfully dispossessed of her land and that the other party in the dispute had registered the title fraudulently. Your client takes a case which is dismissed, as too is her appeal. You are of the opinion that she does not have a case. However your client alleges that the assignment document is fraudulent and that she does have a case. So what do you do? Debrah advised that you can’t appeal in the absence of new evidence as it may be an abuse of process; you need to exercise independent judgement; if you don’t you may breach your duty to the administration of justice. Deborah concluded that the story is real and involving one of her clients and the client did try to go from lawyer to lawyer in the office.

Deborah discussed the ‘lawyers’ compass’, which is a set of words to highlight all the duties that a lawyer might owe. In the outer ring there are two words, justice and service. The centre ring lists the duty to the court, the client, colleagues and community or what we call ‘stakeholders’. The inside ring lists the fundamental duties, fidelity, competency, propriety and honesty.

Miriam facilitated a panel discussion, inviting a team of local lawyers to lead the discussion. She thanked participants for the last two days. She mentioned that Myanmar is at an important point in that it is transitioning to democracy. But it is also a difficult time, particularly for lawyers. The panel were invited to discuss how they uphold their duties in these challenging circumstances. The panel included  Oo Thein Swe who has been in practice for thirty years and decided to do pro bono work after retirement. He loves his city and its beautiful beaches.  Khaing Khaing Oo is a lawyer who has been practising civil and criminal law for over nine years. She has worked with MJC for 2 years and loves to badminton.  The Director of MJC, Oo Thurayn Thee, has been in practice over thirty years. To unwind he plays the piano.

Question to Khaing Khaing Oo – how can lawyers with the justice centre build contacts and strengthen the rule of law? Answer – the fact that the centre reaches out to the community builds confidence between the community and the lawyers.

Question to Oo Thurayn Thee - as we have been discussing, lawyers are critical in the administration of justice. Given that you play such an important role in the Bar association, what can be done to strengthen the rule of law? Answer – most of the people don’t know about the rules of law, so you have to train future lawyers to ensure that the rule of law is more widely applicable. Question to Oo Thein Swe – after retirement you have chosen to do pro bono so poor people have access to the justice. Is there any case that you have worked on that where you have used the client-centred approach? Answer - Oo Thein Swe stated that he has never been in training like this and he is very glad to have been here. He has a lot of experience as a lawyer and he will seek to pass information on to other lawyers.

Question to Khaing Khaing Oo – what are the challenges to for justice centres when seeking to adopt the client centred approach? One of the challenges is that the judges don’t want to handle justice centre cases because they can’t get money for hearing the case. Some of the clients think if money isn’t being paid by the justice centre in a case then the centre can’t be effective.

Bruce referenced all the challenges Myanmar lawyers face and asked what keeps them going? Khaing Khaing Oo responded that she wants to be ethical and that it is good that external trainers come and give workshops. She also wants clear rules of what can can’t be done to guide peoples ethical conduct.

Evaluation (taken from Evaluation Sheets):

Evaluation (taken from Evaluation Sheets):