MJ LJ COP Canberra 20190314

LAW & JUSTICE COMMUNITY OF PRACTICE 14 MARCH 2019

Implemented by: Outline

1. Contextualising justice in Myanmar’s transition 2. MyJustice programme overview 3. Adaptation and new opportunities 4. The hardest parts 5. What has worked? 6. How do we know? 7. Where to from here…

www.myjusticemyanmar.org Myanmar’s transition – where does justice fit?

2011-2015: rule of law development Post 2016 – assistance scales up; economic and justice policy media openings; intercommunal vacuum, violence tentative steps, law again used to silence dissent and deny Incomplete human rights peace process, violations, Demographic ongoing and international diversity, resource new armed outrage Legacies of rich country, conflict the past… emerging from isolation • Militarised mentality of law and justice is deeply embedded • Legal profession and judiciary undermined, politicised, devalued • Outdated and oppressive legal framework, poor quality new laws • Very low trust between communities/state institutions, endemic corruption • Multiple informal forms of seeking justice • EAO/Non-state parallel administrations including justice functions • Young/emerging civil society www.myjusticemyanmar.org World Justice Project Rule of Law Index 2017-18

www.myjusticemyanmar.org MyJustice summary

• EU PAGODA funding modality awarded to British Council (€20.01 million over 4 years) • Initial scoping/design in 2013 • August 2015 – November 2019 (phase I) • Year 1 inception, redesign and set up • Year 2 – grant-making and expansion • Year 3 full speed • March 2019 - EU approval for 2nd phase 5 year programme (from Dec 2019)

www.myjusticemyanmar.org Initial learning and adaptation

• 9 month inception phase • Political economy analysis • Focus on PDIA/adaptive and learning centred approach • Context-driven, locally-led, evidence-based • Redesigned entire programme structure – TOC, Results, logframe • External learning partner • Civil society culture and capacity

www.myjusticemyanmar.org MyJustice’s (re-designed) approach

Local administrators Community leaders 2 MEET JUSTICE NEEDS 3 Better, more effective 1 IMPROVE COMMUNITY KNOW YOUR RIGHTS and more accessible JUSTICE justice services are Community members available. understand justice and Community dispute their rights and options Lawyers resolution mechanisms better are more inclusive and Legal Aid providers accountable Media Paralegals Civil society Law students

Myanmar Sustainable Development Plan

4 EVIDENCE TO Government ENGAGE National Justice Sector Strategy Parliament Sharing of what works to Judiciary inform better justice Localised reform strategies Development policy partners Interim arrangements and Research/Policy institutes political dialogue Union Legal Aid Board Global practice on access to justice www.myjusticemyanmar.org RESULTS TO DATE (31 Jan 2019)

• 47 implementing • 73,963 people reached through community partners based activities/services • Activities/presence in • > 2.4 million people reached through “Let’s 64/330 townships Talk” awareness campaign

Mandalay Region

Shan State

Bago Region • 8,723 people legally represented Mon State • 4,742 people received legal advice

Yangon Region Kayin State

www.myjusticemyanmar.org The hardest parts…

• It’s Myanmar! • Data-poor environment • Applying adaptive programming on this scale/complexity to A2J • Procurement/forecast/delivery realities • Is MyJustice a donor, implementer or partner? • Depth of the mindset obstacles (govt, lawyers, CSOs) • Impact of the Rakhine/Rohingya crisis • Time for learning

www.myjusticemyanmar.org What has worked?

Power of data

Engagement with government and relationship investment

Operational learning tools (ASANA, strategic frameworks, Q reflections)

Supportive funder

Hands-on work with partners

Data- govt – lawyers - community – media campaign - data

www.myjusticemyanmar.org • 3,565 people from 59 townships in all 14 Regions/States were randomly selected and interviewed.

• Most people perceive law as a mechanism to maintain order rather than to protect individual rights.

2017 Myanmar Justice Survey (MJS)

www.myjusticemyanmar.org People avoid the formal justice system… • Locally, Ward and Village Tract Administrators are seen as primarily responsible for most security and justice functions.

• No justice provider is seen as affordable. Local administrators are seen as more accessible, reliable and respectful.

www.myjusticemyanmar.org Many people do not seek justice at all… • Less than 50% of those who have experienced justice issues/disputes took action to resolve them.

• Vulnerable groups are even less likely to seek justice (poor, less educated, women)

www.myjusticemyanmar.org Public rights awareness remains vague and not connected to legal protections 89% 38% “Freedom” Have heard the term “human rights’ or “Lu A Kwint Ayay” but less than half offered any definition 16% “All people treated should be treated equally”

7% “Protection from abuses” 90% know there is a constitution 1.8% “Rule of law” 84% cannot name a specific right from the Constitution

www.myjusticemyanmar.org 15 “Let’s talk”- a public conversation on justice

TV drama series “The Sun, the Moon and the Truth – Season 2”

TV/Facebook public service ads

Online legal quizzes

Key opinion influencers/celebrity participation

Community theatre and events

Mass media

Community- based media Social media Focus on trusted intermediaries

MOBILE LEGAL SERVICES DIRECTORY

www.myjusticemyanmar.org Signs of impact

“It is my observation that at the community level, the majority of people continue to use long-standing local methods for solving disputes and are reluctant to take cases to the formal or official justice system of the State…. Therefore, in formulating our national justice strategy, we should take into consideration the use of mediation in resolving disputes systematically and the development of various modes of alternative dispute resolution to settle disputes.” State Counsellor, Daw Aung San Suu Kyi (March 2018)

www.myjusticemyanmar.org Our partners say..

“Our clients have become aware of rights such as police cannot detain them for more than 24 hours without remand, police cannot torture them, right to remain silent and right to bail.” - Hpa-An Justice Centre Lawyer

“Private lawyers pay police and court staff for their cases to proceed faster but we do not make any extra payments. Some [court] staff are not satisfied with it and stall our cases. After some time, they have realised the nature of our work and some of them have become more helpful”. - Taunggyi Justice Centre Lawyer

www.myjusticemyanmar.org Community based dispute resolution

“I think that I have a good understanding of justice service mechanisms because I neither work for nepotism, nor do I hold prejudice against other sides. I always work for the good of my ward. This is how I understand fair justice.” U Phone Win, Ward Administrator of Mandalay Ward, Mawlamyine

“Social disputes are one of the main challenges that I have to solve. For Understanding and documenting what happens, instance, there are five different improving the quality, informing future guidance religions in my ward. If members from and oversight… the Muslim and Buddhist community marry together and then have a dispute, the parents come to me for a solution. I always rely on religious leaders to assist me in these negotiations as the parents never accept my advice, and instead only listen to the advice of religious leaders.” U Moe Kyaw, Ward Administrator of Ward Five, Hpa-an www.myjusticemyanmar.org MyJustice II - continued evolution

1 3

MORE PEOPLE FAIRER KNOW THEIR COMMUNITY RIGHTS JUSTICE IN VARIOUS FORMS

2 JUSTICE 4 INTERLOCUTORS BETTER SUPPORT JUSTICE AND RIGHTS CLAIMS PEACE POLICY

Legal empowerment + more justice supplied

= access to justice

www.myjusticemyanmar.org Looking ahead for MyJustice…

• Focus on foundations/mindsets (public engagement, legal education) • Scaling up delivery of justice services • Identifying cultural resonance for justice concepts • Connections between peace and justice • Freedom of expression/hate speech • External impacts (ICC, international mechanism, Chinese influence)

• Continuing to adapt…