(7th
March, 2018)
Myanmar
International Convention Centre (MICC – II), Nay Pyi Taw
Distinguished
Guests, Ladies and Gentlemen,
Mingalar
Bar, a warm welcome to you all.
Today’s
conference is the first of its kind because it aims to create a discussion
around effective processes and procedures for better justice sector
coordinating and the role of the Coordinating Bodies for Rule of Law Centres
and Justice Sector Affairs in Myanmar.
On
behalf of the government, I congratulate all the Coordinating Bodies, as well
as the Advisory Group and the Working Group which have and continue to support
them. I know that the members of each of these Bodies have worked incredibly
hard to make this conference a reality. I also give my thanks to each of the
donors and development partners responsible for supporting this event.
Setting
the Scene
Myanmar
is going through a critical period of transition. The government is dealing
with social, economic, rule of law and justice challenges.
Looking
back at Myanmar’s recent legal history, our country had formidable legal
credentials just after our independence. The Burma Law Reports of the 1950s
were on a par with the Hong Kong and Singapore law reports of that era, and
with those of other respected Common Law jurisdictions. It is essential that
all relevant stakeholders work together to grow upon our Common Law roots and
return to the good practices that made our legal history so notable.
To
that end, there has been significant progress in the justice sector this year,
including the Union Supreme Court and the Union Attorney General’s Office
adoption of modern Codes of Ethics that meet international standards to be
followed by all judges and law officers. That said, while adopting them has
been an important step, it is crucial to implement and enforce them fully so
that citizens benefit and the public is aware of them.
Rebuilding
Rule of Law
Rebuilding
and reforming the rule of law and justice sector is a top priority for Myanmar.
It is also vital for our efforts towards sustaining Peace and Development.
Therefore,
I would like to encourage everyone who is working at the Coordinating Bodies
for Rule of Law Centre and Justice Sector Affairs: Hluttaw representatives from
Regions and States, the Supreme Court of the Union, the Union Attorney
General’s Office, the Ministry of Home Affairs, the General Administration
Department and Myanmar Police Force, and responsible persons from the National
Human Rights Commission, lawyers, representatives from civil society
organizations, UNDP, IDLO, USAID, Denmark, JICA, MyJustice and Development
Partners to cooperate and coordinate in a balanced manner. Furthermore, to
achieve Rule of Law, those responsible, especially in the Legislative, Executive
and Judiciary must work together among themselves with diligence and in unison.
Benefits
of Rule of Law
The
benefits, if there is genuine rule of law, are many. By way of example:
1.
When each individual can legally challenge injustices, and do so with
confidence that they will receive a fair and impartial hearing at court, rather
than resorting to non-legal means, this delivers long-term social and
democratic stability. There is no need and there is no excuse for people to
resort to vigilante conduct or to take the law into their own hands.
2.
Rule of law also supports economic development. If there is genuine rule of
law, both foreign and domestic businesses can compete fairly. If they feel that
the law is transparent and predictable, that there is a level playing-field and
that disputes will be resolved pursuant to established laws and procedures
under a strong business legal framework, this will encourage investment and
drive our country’s development.
Myanmar’s
Rule of Law Centres
During
my tenure as Chair of the Parliamentary Committee for Rule of Law and
Tranquility, we developed the concept for Rule of Law Centres to be established
across this country. The idea grew out of the need to deliver large scale,
practical legal skills training to a future generation of legal professionals
who were not yet knowledgeable about the law, but wanted to serve for the
benefit of others. The concept evolved and expanded to include a focus on
connecting lawyers with communities they serve and on providing community
leaders with basic knowledge of legal principles and with advocacy and other
practical skills.
In
2013, we discussed with UNDP for rule of law. In 2014, two pilot rule of law
centres in Mandalay and Lashio were developed by UNDP and IDLO, proved to be a
great achievement for rule of law. Following the success of these pilot
centres, Rule of Law Centres have been established in Myitkyina, Yangon and
Taunggyi.
Strengthening
our Legal Profession
The
role of the legal profession in our country has changed in the last few years.
Lawyers are now practicing more effectively on behalf of the aggrieved. The
legal profession as a whole must be subject to standardized admission
practices, codes of ethics and disciplinary procedures, and continuing legal
education so they can better help the public.
Strengthening
our Judiciary
The
Judicial system and the courts must be strong and reliable for justice to
prevail. The public trust in people who are working in the Justice Sector has
eroded. It is because of corruption, exercising the law for their own
interests, failing the principle of upholding justice without favour, and not
performing their work efficiently and lacking expertise. Thus, these main
challenges in the Justice Sector of our country must be prioritized.
Relating
to our criminal legal system, when a complaint is made by an aggrieved person,
it must be responded to immediately. After the detention of an accused person,
arrangements must be made to give them access to a lawyer promptly so they can
discuss the case. We must also bring cases before the court quickly, avoid delayed
processes, and respect the full the rights of the accused. On the other hand,
aggrieved persons and complainants should have redress under the Law. We must
give due regard to the adage “Justice Delayed is Justice Denied.”
We
are pleased to hear that the Union Attorney General’s Office is preparing to
publish the Fair Trial Guidance Manual. I believe that if it is observed in the
prosecution of criminal cases, public confidence in the judicial system will
improve and these standards can highly support the Rule of Law and the Justice.
Developing
Alternative Dispute Resolution
Myanmar
has a long tradition of settling disputes through their village and ethnic
leaders according to long-held customs in each region of Myanmar; they do not
resolve their problems in courts. We should consider improving these practices
of traditional dispute resolution in the future. The courts are not the only
forum in which to solve disputes.
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. The costs,
time and distance required to travel to the courts can also be too challenging.
We must ensure that those people do not face additional burdens when they are
in court or at the police station. We should treat them fairly and offer
appropriate legal protections.
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.
Police
and Rule of Law
A
professional, reliable and trusted police force that can better serve the
public is essential for implementing the rule of law. A great many of the
complaints sent to higher authorities are concerned with the police. If the
public is afraid to seek help from the police or do not wish to come forward
about a criminal matter, the relationship and cooperation between the public
and the police will deteriorate. Consequently, the Rule of Law will stumble.
I
realize that there are inadequate resources for the police force to do their
job effectively. They need better training on how to respond to modern forms of
crime to carry out investigations of crimes, make inquiry of the accused,
collecting evidence, money laundering, and cyber-crimes, how to cooperate with
the public, and how to make sure that anyone suspected or accused of a crime is
treated fairly according to the law.
The
General Administration Department, the courts, law offices, and police forces
are responsible under the law to protect the public. They play a crucial role
in implementing Rule of Law effectively in Myanmar.
I
have noticed that public trust and confidence in police force and
administration department improves as these institutions provide their services
in a matter that is fair and that people feel satisfied with.
Legal
Aid
In
respect of Legal Aid, we have seen that not every aggrieved party can acquire
their legal rights. Especially, the poor, the children, women, and people with
disabilities still find it difficult to obtain the assistance of courts for
access to justice.
At
present, the Union Attorney General’s Office hires a lawyer with State funds to
appear for an indigent person accused of a criminal offence punishable by death.
Recently the Union Legal Aid Body was established to provide legal aid services
effectively and to ensure that the public has access to justice. The Legal Aid
Body will be formed in the various regions, districts, and township levels and
they will support the rule of law and justice affairs.
Developing
Good Governance and Administrative Justice
As
you all know, each and every one of us is concerned with the daily
administrative actions and decisions of government departments and civil
service personnel.
Administrative
measures and decisions have as much impact on people’s lives as judicial
decisions. The public ultimately suffers from poor or illegal decisions made by
government officials that are not made in compliance with the law.
The
aggrieved person can seek a remedy by way of a writ petition if he finds that
any order, directive or decision of government organizations is not in
conformity with the law or the person was not treated fair. On the other hand,
the civil service personnel need to perform their duties carefully not to
negatively affect the people.
When
administrative measures and decisions are made without reference to the
relevant laws and regulations, it leads to poor use of due discretion and can
result in biased decision making. As a result, failing to reference the legal
basis for decisions by civil servants will negatively impact the rule of law
and make people less confident in government. I would like to say the civil
service personnel in relevant areas should not forget that they are serving the
public and to carry out their duties selflessly and with good intentions.
In
addition, we should not do our jobs only when there is a complaint; we must
instead provide our functions dutifully and responsibly. To improve the broader
governance practices of the public sector, accountability and transparency in
decision making and complaints handling is necessary.
Addressing
Corruption
As
I continue to state, corruption is the major obstacle for the rule of law and
needs to be addressed. Addressing corruption is essential to delivering good
governance. It relies on the “tone from the top” and each of you here today
must consider yourselves responsible for setting the appropriate tone in a
clear and forceful manner and remove opportunities for corruption.
Government
organizations not only need to cooperate with the Anti-Corruption Commission
but also implement E-government functions with great effort.
Cleaning
up corruption is not a program but a culture. It is a culture that needs
collective effort by the government and the public for sustainable development
of the country.
The
Role of Individuals
The
rule of law, peace and the stability of our country are inter-connected and are
the concern and responsibility of every single one of our people. We must put
greater emphasis on sharing and disseminating information so that our people
not only know their legal rights but also the provisions that exist to combat
violations of these rights. I would like to add that our people are entitled to
their rights but also to perform their public obligations dutifully. For the
coordinating bodies to function effectively, I wish to urge cooperation and
harmony with the responsible persons from Hluttaw, the Supreme Court of the
Union and respective government departments and organizations, legal experts,
lawyers, persons from civil society organizations, and national and
international organizations and to coordinate more among the relevant
departments and organizations.
If
the government organizations of respective Region and State provide necessary
assistance, work by the Regional and State Coordinating bodies will be more
effective. The respective governments need to support the sub-coordinating
bodies.
Similarly,
because department officers who are assigned to the sub-coordinating bodies are
the key responsible personnel from the government agencies mainly concerned
with the rule of law, they need to perform efficiently in their work with the
sub-coordinating bodies in accordance with the laws, rules and regulations.
They should not give favour to one particular department or person.
Conclusion
In
conclusion, I am aware that rule of law and justice affairs are essential for a
peaceful coexistence and development of Myanmar and our people.
The
reform activities taking place in Myanmar are done with the intent to provide
genuine peace in people’s lives, and that the stability of the country leads to
development. This is why all government institutions must work honestly and
correctly.
I
would like to encourage as well that all relevant government institutions and
departments work seriously and diligently, not because of a complaint or
suggestions submitted by the people but because it is your duty and
responsibility. Furthermore, when implementing activities on behalf of the
coordinating bodies, your duty of loyalty is with the coordinating body, not
your department or government agency.
All
the frank advice and suggestions given from all the participants today will
hugely benefit in strengthening the rule of law and in formulating programs and
procedures for justice sector coordination.
Therefore,
I would like to conclude my speech by urging all of you attending this
workshop:
–
to openly discuss, propose and advise on ways to strengthen the rule of law and
have enduring justice;
–
to create a new strategy for the future through the outcome of this conference;
and
–
to share your experiences, ideas and opinions for the rule of law in Myanmar.
Thank
you.
Ref;
The Global New Light of Myanmar
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