moving forward to the rule of law · 2019-10-03 · myanmar’s judicial system since ancient times...

UNION ATTORNEY GENERAL’S OFFICE

STRATEGIC PLAN 2015-2019

Moving Forward tothe Rule of Law

UNION ATTORNEY GENERAL’S OFFICENo. 25, Union Attorney General’s Office, Nay Pyi Taw, Union of Myanmar.

Tel: + 95-67 404054Fax: +95-67 404106

E-mail: [email protected]


STRATEGIC PLAN 2015-2019

Moving Forward tothe Rule of Law

It is an honour and a great privilege for me to deliver this strategic plan. It will be a vital road map for the future - for our Office and for the rule of law in Myanmar.

Myanmar is now in the process of political and economic reform phase by phase. The rule of law is profoundly important for this process. In rule of law reform, we see consistency with values rooted in Myanmar’s judicial system since ancient times - independence, impartiality, integrity, propriety, equity, competence and diligence.

For a thousand years Myanmar has had its own unique culture, legal system and civilization. The last 140 years have brought great waves of change for our people and for the legal system. In 1875 Myanmar became subject to the laws of India and thus part of the British Empire and the Common Law Legal Family. Indian law was not a complete replica of the English system. There, the principles of Common Law are put into statutes and promulgated as laws. Statutes were supplemented by commentaries by Indian jurists and with case law and rulings.

In 1935 the Government of Myanmar (then Burma) Act created Myanmar as a British colony separate from India. The High Court of Judicature was established in Yangon (then Rangoon) by Royal Letters Patent. After the turbulence of war, Myanmar regained her independence in 1948 and the legal system has been little changed since then.

In 1947 the first constitution created the position of Attorney General and the wheels of legal history started to turn. Another change of system took place with the second Constitution of 1974 when the Chairman of the Council of Peoples’ Attorneys was introduced in place of the Attorney General. In 1988 the system of Attorney General was reintroduced and the Attorney General Law of 1988 was promulgated, followed by the Attorney General Law of 2001. After the coming into force of the 2008 Constitution of the Republic of the Union of Myanmar, the Attorney General of the Union Law, 2010 was promulgated. This law is now in legal effect.

Throughout this post-war era, there have been many changes to all elements of our legal institutions – the legislature, the judiciary, the Bar and legal education have all seen important changes. Yet, the laws themselves have remained largely unchanged since the colonial period and must be modernized. This Strategic Plan is an important milestone on the path to updating Myanmar’s legal system. It has benefited from a thorough study of the ideas and experiences of various stakeholders in our country and outside. As work proceeds and time passes, it will necessarily change and adapt to new opportunities and ideas as they take hold. We pledge to continue to work with all of our stakeholders to ensure that the Union Attorney General’s Office becomes a positive force for change, building on ancient values that can continue to teach us.

H.E. Wunna Kyaw Htin Dr. Tun Shin Attorney General of the Union November, 2015

Message from the Attorney General of the Union

Table of Contents

Message from the Attorney General of the Union 5

Acknowledgements 6

Background 7

Planning Methodology 8

A. Our Vision 9

B. Our Mission and Mandate 9

C. Our Strengths, Weaknesses, Opportunities and Threats 9

D. Goals and Objectives 12

E. Table of Strategic Actions Timeline and Indicators 14

F. One Hundred Days of Action 26

Acknowledgements

Under the leadership of Attorney General of the Union H.E. Dr. Tun Shin and Deputy Attorney General U Tun Tun Oo, and directed by Director General U Kyaw San, this strategic plan has been the result of the committed efforts of many people.

We thank State and Regional Advocates General and State and Regional Law Officers, the senior leadership of the Union Attorney General’s Office (UAGO), including the Deputy Directors General and Directors. We thank the past and current members of the Working Group of the Strategic Plan, led by Deputy Director General Dr. Thi Da Oo, for their hard work throughout the process. We are grateful to our international partners for their support throughout and for their attendance with our government partners at consultation meetings.

We thank the United Nations Development Programme (UNDP) for their technical assistance and ongoing support, in particular Ms. Caitlin Reiger (Chief Technical Advisor), Mr. Larry Taman (Senior Justice Specialist) and Daw Nway Nway Lwin (Rule of Law Officer).

Union Attorney General’s Office

In the Republic of the Union of Myanmar, the Government places great importance on the development of the rule of law, justice and transparency. In its current form, the Union Attorney General’s Office (UAGO) is established under the Constitution of the Republic of the Union of Myanmar (2008) and the Attorney General of the Union Law (2010). The UAGO is constituted with 14 Region and State Advocate General Offices, 72 District Law Offices and 330 Township Law Offices. Its mandate requires it to interact with all three branches of sovereign power: the legislative, the executive and the judicial power. Modeled on the British system, under the current legal framework the Attorney General of the Union is first and foremost the Government’s lawyer.

The UAGO is currently organized as the Legislative Vetting and Advising Department, the Legal Advice Department, the Prosecution Department, the Administration Department and the Head Office. • Department 1, the Legislative Vetting and Advising Department, is responsible for the vetting and advising of

laws, rules, procedures, notifications, orders and directives, for official translation of law into English and for constitutional matters;

• Department 2, the Legal Advice Department, is responsible for legal advice in connection with international treaties and agreements, commercial contracts and general legal advice;

• Department 3, the Prosecution Department, is responsible for criminal prosecutions, civil litigation involving the government, writs and complaints;

• Department 4, the Administration Department, is responsible for administration, including training and Information Communication Technology;

• Staff Office is responsible for head office management.

Democratization brings us many challenges. The UAGO now has a leading role in a democratizing of Myanmar. Each department is working hard to upgrade the legal framework and ensure that there are sufficient human and material resources. The public, government officials and all institutions in the justice sector including the judiciary, the police, the prisons, the private legal professions and universities, need new ways of understanding the rule of law.

Background

Strategic Plan 2015-19 of Union Attorney General’s Office

Moving Forward to Rule of Law 7

The UAGO has been committed to reforming itself since 2012. In January 2013 we hosted an international conference on Promoting Justice Sector Development in New Democracies. We constituted a Planning Team that worked with international experts on an early capacity review, which included gathering feedback from our government clients. We have done initial planning on training (beginning in May 2013) and technology (August 2013). With help from our international partners, we have hosted more than 40 seminars, workshops and training events. In 2013, we accepted two of our partners, United Nation Development Programme (UNDP) and Japan International Cooperation Agency (JICA), to open offices in our headquarters to provide sustained support. In 2014 we studied strategic planning process and in early 2015, the Director General U Kyaw San presented a 20-year vision for UAGO’s future.

This is our first strategic plan that covers the five year period 2015-2019. It is the culmination of these early initiatives.

In the development of this plan, we have received the technical assistance from our international partners and carried out the following: • Training on strategic planning;• Review of our earlier planning related work; • Review of the strategic plans of other institutions in Myanmar public sector including the Hluttaw, the Office of

the Supreme Court of the Union (OSCU) and the Union Election Commission;• Review of the strategic plans of other justice sector institutions, in Indonesia, South Sudan and Canada;• Internal consultations with senior management, including the Advocates General from the Regions and States;• The preparation of a draft strategic plan;• Workshops in June 2015 in which we sought input from Regional and State senior law officers, government

partners, international partners and private lawyers.


8 Moving Forward to Rule of Law

Planning Methodology

We will safeguard the principles of the Rule of Law in Myanmar in accordance with international standards. We will protect and support the rights and responsibilities of individuals so that Myanmar’s development as a democratic nation is based on justice, good governance and integrity. We aim to be an organization that is respected by the public and that is benchmarked for its best practices in the region.

Our mission is to advance the government policy of strengthening the Rule of Law. Our mandate is to provide legal advice to the government on legislation, national and international legal matters and commercial matters. We conduct fair trials in criminal and civil cases on behalf of the State. We are active in justice sector reform.



A. Our Vision

B. Our Mission and Mandate

The UAGO is an organization composed principally of law officers acting as government lawyers. While there are some differences in the nature of functions of our departments, similar problems are faced. The differences are reflected in the Section D, below. Here we emphasize the common elements.

More than 1200 law officers of the UAGO all hold LLB degrees. Some have post-graduate degrees: more than 20 have studied abroad for Master Degree and 15 have obtained the PhD. Law officers usually begin their careers in one or more of our330 township offices and then move to one of 72 district offices, 14 regional and state offices and sometimes head office. Approximately 51% of law officers are women, with a strong representation in the senior management.

The broad experience of our law officers who are working across the country is an important strength of the UAGO. We have a long history as an institution, which has given us an opportunity to develop approaches which are systematic, disciplined and well organized for continual excellence.

Since the Constitution of 2008, there is more local autonomy, which brings benefits. Inside the organization, working relationships are generally positive among the seniors and juniors. At the local level, law officers generally enjoy positive relationships with the public as they build on the tradition of being legal advisors and educators to the community. Despite the difficulties in the working conditions, local transportation and accommodation, law officers generally feel safe and productive in their work.

Our government clients are broadly positive about our work performance. We lack expertise in dealing with

C. Our Strengths, Weaknesses, Opportunities and Threats

international matters at Region and State levels. Other partners and organizations in the justice sector understand our need to be free from unwanted outside interference and to make decisions independently in order to perform and fulfil our duties and responsibilities.

As democratization has increased the importance of our work, we face some difficulties in completing and delivering our work in a timely manner in light of competing demands. Various ministers have requested for the timely completion and delivery of work from the UAGO and in order to comply with these requests, the UAGO requires qualified and competent law officers. Because of our limited capabilities in the use of the technology, there is room for improvement in the effective and efficient conduct of legal research and dispensing of legal advice and the use of ICT and internet is also limited in the libraries.

Training remains a critical issue for us. Our willingness to learn is one of our strengths. Since 2013 we have participated in more than 40 international trainings and study visits. As university legal education in Myanmar needs further improvement, we offer some remedial training to incoming officers. We need more law officers who have specialized knowledge and skills in various legal fields and are proficient in English. We have just completed the construction of the new Training Center and in this Center, we will be able to conduct courses using modern curriculum and pedagogy.

Technology is vital to a successful, modern future for all of our departments. It is the key to effectiveness and efficiency in general management, continuing legal education, English language proficiency, legal research and writing, legislative drafting, case management and the effective use of technical assistance. As with other younger people in our country, our more junior staff in particular have core ICT skills, which provides some foundation for moving forward. Some of our senior officers are working to upgrade their ICT skills. As an institution, we understand the importance of technology and are committed to using ICT in our work. Some of the ICT initiatives and projects are in the planning stage.

A recent comprehensive assessment developed in cooperation with UNDP reached the following conclusions

1. Limited awareness and understanding of the benefits of ICT at all levels of our organization. 2. Current ICT training for staff and law officers is limited and no specific English training for IT users.3. Insufficient number of qualified ICT professionals.4. Insufficient ICT equipment, including both central (servers, data storage) and peripheral (PCs, printers, scanners,

etc.) in terms of quantity and quality



5. Limited network links to other institutions in justice sector and to our Regional and State, District and Township Offices. Currently communication is done by mobile, landline telephones, postal services or fax.

6. Insufficient budget to maintain and transform the current system.

We have the great advantage of being at the center of justice sector reform in Myanmar. Reform is strongly supported by the Government, the civil servants, the public and our national and international partners. It is believed that with necessary resources and the support from the public and civil servants, the UAGO will be able to overcome the challenges faced in the reform of the justice sector.

If we fail to act decisively to improve our own performance, the already low public confidence in the judiciary will be undermined. In doing so, the important interdependence between the UAGO and the organizations in the justice sector must be acknowledged by all who are involved. The UAGO cannot solve all the challenges faced in the justice sector on our own. Since there are many outmoded laws in Myanmar, strengthening of the law making process and establishment of the law reform body are crucially needed. For a country of its size and aspirations, Myanmar does not have sufficient number of lawyers for public and private sector practice. Its universities have begun modernizing the legal education.

Under our system, the actions of the local officials affect the justice for our people. The administrative officers, police, prison officials and judges have begun the various reforms and changes in their respective fields. There is a need for the UAGO to enhance its capacity to ensure that the justice sector is governed by the values of independence, accountability, effectiveness and efficiency for the public. The people of Myanmar want justice but there is a limited knowledge and understanding of duties, responsibilities and rights related to law.

We have developed this strategic plan based on this analysis. It identifies several priorities for UAGO to achieve its goals and reach its vision.



D. Goals and Objectives

GOAL1

GOAL2

GOAL3

GOAL4



Strategic Objective 1.1 Improved Scrutiny and Vetting of LegislationStrategic Objective 1.2 Improved UAGO Legal Advice to GovernmentStrategic Objective 1.3 Fair Trial Standards Upheld in Criminal ProsecutionsStrategic Objective 1.4 Legal Aid Improved

To protect the legal rights of individuals and the national interest.

To strengthen the performance of the Union Attorney General's Office

To inspire public trust and confidence in the justice system

Take an active role in justice sector reform

Strategic Objective 2.1 Leadership and Management Skills Upgraded to Meet New Challenges

Strategic Objective 2.2 Revised AGU Law and RulesStrategic Objective 2.3 Improved Recruitment and Retention of Law OfficersStrategic Objective 2.4 Modern Training CurriculumStrategic Objective 2.5 Information and Communications Technology (ICT) Integrated

into UAGO FunctionsStrategic Objective 2.6 UAGO Workplace Improved

Strategic Objective 3.1 Increased Public Awareness about LawStrategic Objective 3.2 Enhanced Accountability and Ethics of Law OfficersStrategic Objective 3.3 Participated to raise awareness of the Rule of Law within

government sector

Strategic Objective 4.1 Improve UAGO Policy and Planning ProcessesStrategic Objective 4.2 Increased Coordination of the institutions in the Justice

SectorStrategic Objective 4.3 Justice Sector Reform Strategy Developed

Vision, Mission and Mandate of UAGO

Vision

We will safeguard the principles of the Rule of Law in Myanmar in accordance

with international standards. We will protect the rights and

responsibilities of individuals so that Myanmar’s development as a democratic

nation is based on justice, good governance and integrity.

Mandate

We provide the Government with legal advice on legislation, all national and

international legal matters and commercial matters. We conduct fair

trials in criminal and civil cases. We advise the Government on legal matters and are

active in justice sector reform.

Mission

To advance the government policy of strengthening the

Rule of Law.



TO PROTECT THE LEGAL RIGHTS OF INDIVIDUALS AND THE NATIONAL INTEREST

We protect the interest of the nation and the legal rights of individuals by strengthening our capacity and our performance in every part of our mandate.

Goal 1

E. Table of Strategic Action Timeline and Indicators

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TO STRENGTHEN THE PERFORMANCE OF THE UNION ATTORNEY GENERAL’S OFFICE

In line with the changing time and system, we perform office work effectively with modern methods and processes.

Goal 2

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tent

ion.

2015

-201

6



Stra

tegi

c O

bjec

tive

2.4

Mod

ern

Trai

ning

Cur

ricu

lum

All

recr

uitm

ent,

refr

eshe

r an

d ad

vanc

ed t

rain

ing

upgr

ade

to

mee

t our

requ

irem

ents

, inc

ludi

ng

emph

asis

on a

ctiv

e le

arni

ng (s

uch

as m

ock

tria

ls),

Engl

ish

lang

uage

tr

aini

ng,

lega

l et

hics

, ad

vanc

ed

lega

l stu

dy a

nd c

ompu

ter s

kills

2.4.

1 Cr

eate

a c

urric

ulum

com

mitt

ee to

re

view

tra

inin

g cu

rric

ulum

and

m

onito

r im

plem

enta

tion

Firs

t Pr

iorit

y20

15-2

016

Dep

t.4A

ppro

ved

new

Cu

rric

ulum

by

Com

mitt

ee

2.4.

2 D

esig

n an

d im

plem

ent

a ne

w

trai

ning

cu

rric

ulum

, in

clud

ing

spec

ializ

ed tr

aini

ngs

Firs

t Pr

iorit

y20

15-2

016

Dep

t.4Pa

rtic

ipan

t and

in

stru

ctor

feed

back

im

prov

ed

Stra

tegi

c O

bjec

tive

2.5

Info

rmat

ion

and

Com

mun

ica-

tions

Tech

nolo

gy (I

CT) I

nteg

rate

d in

to U

AG

O F

unct

ions

As

we

expe

ct

to

revi

se

our

prac

tices

and

pro

cedu

res,

now

is

the

time

to m

ake

a m

ove

to a

m

oder

n IC

T en

viro

nmen

t. Ca

se

man

agem

ent i

s an

impo

rtan

t par

t of

thi

s so

tha

t w

e ca

n ac

hiev

e in

depe

nden

ce,

acco

unta

bilit

y,

effec

tiven

ess

and

effici

ency

in

wha

t is o

ur m

ost r

esou

rce

inte

nsiv

e m

anda

te.

2.5.

1 D

evel

op IC

T po

licy

Firs

t Pr

iorit

y20

15-2

016

Dep

t.4Po

licy

appr

oved

(2

013

ICT

Road

map

re

com

men

datio

ns)

2.5.

2 Im

plem

ent n

ew s

yste

ms

for C

ase

Man

agem

ent

and

Doc

umen

t M

anag

emen

t

Firs

t Pr

iorit

y20

15-2

016

Dep

t.4Ca

se M

anag

emen

t an

d D

ocum

ent

Man

agem

ent

Syst

em

impl

emen

ted

2.5.

3 Pr

ovid

e IC

T eq

uipm

ent t

o al

l Law

O

ffice

sSe

cond

Pr

iorit

y20

16-2

017

Dep

t.4A

ll re

gion

s/st

ates

ar

e co

vere

d

2.5.

4 Pr

ovid

e IC

T tr

aini

ng f

or a

ll la

w

office

rs a

nd th

e st

affFi

rst

Prio

rity

2015

-201

6D

ept.4

ICT

know

ledg

e ap

plie

d in

wor

k pl

ace

2.5.

5 Ex

pand

Loca

l Are

a Net

wor

k(LA

N)

and

Wid

e A

rea

Net

wor

k (W

AN

) in

the

UAG

O a

nd d

iffer

ent

leve

l of

Law

Offi

ces

Seco

nd

Prio

rity

2016

-201

7D

ept.4

Com

plet

ion

of

netw

orks

Stra

tegi

c O

bjec

tives

Act

ions

Pr

iorit

yTi

me

fram

eRe

spon

si

bilit

y In

dica

tor



Stra

tegi

c O

bjec

tive

2.6

UA

GO

Wor

kpla

ce Im

prov

ed

We

need

to

upgr

ade

our

office

de

sign

and

equ

ipm

ent

to m

eet

mod

ern

prof

essi

onal

sta

ndar

ds.

We

need

to w

elco

me

the

publ

ic,

hold

man

agem

ent m

eetin

gs, a

nd

cond

uct c

onfid

entia

l int

ervi

ews,

in a

ccor

danc

e w

ith la

w.

2.6.

1 D

evel

op a

det

aile

d pl

an fo

r bet

ter

wor

kpla

ceFi

rst

Prio

rity

2015

-201

6D

ept.4

Impr

ovem

ent i

n st

aff a

nd c

lient

fe

edba

ck

2.6.

2 Su

ppor

t th

e ac

com

mod

atio

n,

tran

spor

tatio

n,

heal

th

and

educ

atio

n fo

r the

sta

ff an

d th

eir

fam

ilies

Firs

t Pr

iorit

y20

15-2

016

Dep

t.4Im

prov

emen

t in

staff

and

clie

nt

feed

back




TO INSPIRE PUBLIC TRUST AND CONFIDENCE IN THE JUSTICE SYSTEM

Achieving our goal of the rule of law depends on inspiring public trust and confidence in the justice system. We build our capacity and play an active part in building public trust.

Goal 3

Stra

tegi

c O

bjec

tive

3.1

Incr

ease

d Pu

blic

A

war

enes

s ab

out L

aw

For p

eopl

e to

hav

e co

nfide

nce

in

the

just

ice

syst

em a

nd im

prov

e kn

owle

dge

how

it u

phol

ds th

eir

right

s an

d du

ties

3.1.

1 D

evel

op

and

laun

ch

publ

ic

info

rmat

ion

units

ac

ross

th

e co

untr

y

Firs

t Pr

iorit

y20

15-2

016

Dep

t.4Pu

blic

info

rmat

ion

unit

laun

ched

3.1.

2 D

evel

op a

nd im

plem

ent p

rogr

a-m

mes

for

chi

ldre

n, y

outh

and

ad

ults

on

awar

enes

s of

law

Firs

t Pr

iorit

y20

15-2

016

Dep

t.4Sc

hool

bas

ed

prog

ram

me

laun

ched

3.1.

3 H

old

publ

ic l

ectu

res

acro

ss t

he

coun

try

to ra

ise p

ublic

aw

aren

ess

of t

he r

ule

of la

w in

clud

ing

the

lega

l rig

hts

and

resp

onsi

bilit

ies

of in

divi

dual

s

Firs

t Pr

iorit

y20

15-2

016

Dep

t.4Pu

blic

aw

aren

ess

rais

ing

lect

ures

he

ld

3.1.

4 Co

llabo

rate

with

uni

vers

ity l

aw

depa

rtm

ents

to

im

prov

e la

w

stud

ents

’ und

erst

andi

ng o

f th

e ro

le o

f law

offi

cers

Seco

nd

prio

rity

2017

-201

8D

ept.4

Prog

ram

mes

es

tabl

ishe

d w

ith a

t le

ast 3

uni

vers

ities

3.1.

5 Co

nduc

t med

ia an

d pu

blic

rela

tion

trai

ning

for

law

offi

cers

and

the

st

aff

Seco

nd

Prio

rity

2017

-201

8D

ept.4

Num

ber o

f Law

offi

cers

trai

ned

Stra

tegi

c O

bjec

tive

3.2

Enha

nced

Acc

ount

abili

ty a

nd

Ethi

cs o

f Law

Offi

cers

For

UAG

O t

o ea

rn p

ublic

tru

st,

our

law

offi

cers

m

ust

act

in

acco

rdan

ce w

ith t

he l

aw.

They

m

ust

unde

rsta

nd a

nd p

erfo

rm

thei

r eth

ical

obl

igat

ions

.

3.2.

1 Re

view

th

e et

hica

l co

de

and

dire

ctiv

es

of

law

offi

cers

an

d st

aff t

o be

in

line

with

cur

rent

be

st p

ract

ices

Firs

t Pr

iorit

y20

15-2

016

DG

Revi

ew c

ompl

eted

an

d ap

prov

ed

3.2.

2 Im

plem

ent

acro

ss t

he c

ount

ry

the

ethi

cal

code

and

dire

ctiv

es

for l

aw o

ffice

rs a

nd s

taff

Seco

nd

Prio

rity

2017

-201

8D

GEt

hica

l aw

aren

ess

rais

ed

3.2.

3 M

onito

r an

d su

perv

ise

whe

ther

la

w

offer

s fo

llow

th

e et

hica

l co

de o

r not

Third

Pr

iorit

y20

18-

2019

DG

Publ

ic s

atis

fact

ion

impr

oved

; co

mpl

aint

s re

duce

d

Stra

tegi

c O

bjec

tives

Act

ions

Pr

iorit

yTi

me

fram

eRe

spon

si

bilit

y In

dica

tor



Stra

tegi

c O

bjec

tive

3.3

Part

icip

ated

to ra

ise

awar

enes

s of

th

e Ru

le

of

Law

w

ithi

n go

vern

men

t sec

tor

For g

over

nmen

t offi

cial

s to

ear

n pu

blic

tru

st,

they

mus

t ac

t in

ac

cord

ance

with

the

prin

cipl

es

of th

e ru

le o

f law

.

3.3.

1 D

evel

op

expl

anat

ory

mat

eria

l fo

r gov

ernm

ent o

rgan

izat

ions

on

cons

titut

iona

l writ

s and

adm

inis

-tr

ativ

e la

w

Firs

t Pr

iorit

y20

15-2

016

Dep

t.3,

Dep

t.4M

ater

ials

pro

duce

d

3.3.

2 Co

llabo

rate

with

UCS

B to

giv

e le

ctur

e pu

blic

ser

vant

tra

inin

g on

the

rule

of l

aw

Seco

nd

Prio

rity

2017

-201

8D

ept.4

Rule

of L

aw

awar

enes

s ra

ised

am

ong

othe

r m

inis

trie

s

Stra

tegi

c O

bjec

tives

Act

ions

Pr

iorit

yTi

me

fram

eRe

spon

si

bilit

y In

dica

tor



TAKE AN ACTIVE ROLE IN JUSTICE SECTOR REFORM

Because of the interdependent nature of the roles of the institutions in the justice sector, improved performance requires cooperation among the institutions.

Goal 4

Stra

tegi

c O

bjec

tive

4.1

Impr

ove

UA

GO

Po

licy

and

Plan

ning

Pro

cess

es

Dev

elop

bet

ter p

olic

y and

pla

nnin

g ca

paci

ties

in o

rder

to

iden

tify

and

mee

t ne

w c

halle

nges

for

th

e U

AGO

and

the

just

ice

sect

or.

4.1.

1 Es

tabl

ish

a po

licy

and

plan

ning

un

itFi

rst

Prio

rity

2015

-201

6D

GPo

licy

and

Plan

ning

uni

t es

tabl

ishe

d

4.1.

2 A

naly

ze

curr

ent

polic

y an

d pl

anni

ng is

sues

for U

AGO

Firs

t Pr

iorit

y20

15-2

016

Dep

t.4A

naly

sis

appr

oved

4.1.

3 Fo

r Str

ateg

ic P

lan

impl

emen

tatio

n co

llect

bas

elin

e da

ta a

t all

leve

lsFi

rst

Prio

rity

2015

(1

00 D

ay

Actio

n)

Dep

t.4D

atab

ase

esta

blis

hed

Stra

tegi

c O

bjec

tive

4.2

Incr

ease

d Co

ordi

nati

on o

f the

in

stitu

tions

in th

e Ju

stic

e Se

ctor

Unl

ike

othe

r se

ctor

s, co

ordi

na-

tion

of t

he i

nstit

utio

ns i

n th

e ju

stic

e se

ctor

invo

lves

man

y pa

rts

of th

e le

gisl

atur

e, e

xecu

tive,

and

ju

dici

ary

as w

ell

as t

he p

rivat

e le

gal

prof

essi

on.

This

obj

ectiv

e ai

ms

at

addr

essi

ng

curr

ent

chal

leng

es.

4.2.

1 Es

tabl

ish c

oord

inat

ion

mec

hani

sm

for

just

ice

serv

ice

deliv

ery

with

AS

EAN

Law

Ass

ocia

tion

(ALA

), Ba

r Co

unci

l, Law

yer O

rgan

izatio

ns, L

aw

Dep

artm

ent,

Judi

ciar

y, M

yanm

ar

Polic

e Fo

rce

incl

udin

g La

w

Enfo

rcem

ent A

genc

ies

and

othe

r re

leva

nt o

rgan

izat

ions

Firs

t Pr

iorit

y20

15-2

016

DG

Coor

dina

tion

mec

hani

sm m

eets

re

gula

rly

4.2.

2 Co

nduc

t po

licy

revie

w

of

lega

l pr

ofes

sion

al t

rain

ing

need

s an

d lic

ensi

ng

requ

irem

ent

for

law

gr

adua

tes

Third

Pr

iorit

y20

19D

ept.4

+ la

w

enfo

rcem

ent

agen

cies

an

d re

leva

nt

orga

niza

tions

All

Just

ice

sect

or

acto

rs p

artic

ipat

e in

revi

ew.

Stra

tegi

c O

bjec

tive

4.3

Just

ice

Sect

or R

efor

m

Stra

tegy

Dev

elop

ed

The

UAG

O a

s th

e so

le in

stitu

tion

that

pa

rtic

ipat

es

in

all

thre

e br

anch

es o

f so

vere

ign

pow

ers

stan

ds a

t the

cen

ter o

f the

Just

ice

Sect

or a

nd s

triv

es to

ach

ieve

the

prin

cipl

es o

f th

e Ru

le o

f La

w in

M

yanm

ar t

hrou

gh c

olla

bora

tion

for J

ustic

e Se

ctor

refo

rm.

4.3.

1 Re

sear

ch

best

in

tern

atio

nal

prac

tice

on ju

stic

e se

ctor

refo

rm

proc

ess

Seco

nd

Prio

rity

2017

-201

8D

ept.4

Rese

arch

app

rove

d

4.3.

2 D

evel

op p

ublic

con

sulta

tion

on

a pr

opos

ed R

ule

of L

aw In

dex

for

Mya

nmar

to m

easu

re p

rogr

ess

Firs

t Pr

iorit

y20

15-2

016

DG

Dis

cuss

ion

pape

r dra

fted

an

d ci

rcul

ated

; co

nsul

tatio

ns h

eld.

4.3.

3 D

esig

n an

d la

unch

a ju

stic

e se

ctor

re

form

ta

sk

forc

e to

ad

dres

s ju

stic

e se

ctor

refo

rm

Firs

t Pr

iorit

y20

15-2

016

DG

Hig

h le

vel a

ppro

val

secu

red.

Stra

tegi

c O

bjec

tives

Act

ions

Pr

iorit

yTi

me

fram

eRe

spon

si

bilit

y In

dica

tor



Implementation of this strategic plan is affected by a number of unknowns.

The UAGO will need to work with the next government so that it can further discuss and make decisions on matters of policy and budget – for the UAGO and the entire justice sector.

In order to implement the strategic actions of the UAGO, the donors and international partners need to work together. Until the content and timing of technical assistance are agreed, a final implementation plan is not feasible.

There are nonetheless steps the UAGO can take right now that will prepare the ground for the more effective development and implementation of the strategic plan. We propose to take the following measures within the first hundred days following the launch of this plan:

● Confirm the UAGO strategic plan implementation structure, ensuring some continuity of active staff from the Planning Team, under the overall supervision of the Director General supported by the DDG for Department 4 with a designated Team Leader.

● Develop and implement a plan to gather baseline information and set targets to monitor and evaluate progress across the strategic plan. For indicators to be effective accountability tools we need to know our starting point. We recognize that indicators such as ethical awareness for law officers, rule of law awareness for government officers and trust and confidence of the public all require benchmarking.

● Provide project management training for the Strategic Plan Implementation Team and other managers to enhance their capacity of project management.

● Identify and develop project plans for projects that do not require extensive outside assistance or new resources. These could include

a. Strategic Action 2.2.1: Revise the AGU Law and Rules to be in line with international standards.

b. Strategic Actions 2.4.1/2.2.2: Establish the curriculum committee for recruitment and refresher training and design new curriculum

c. Strategic Action 3.2.1: Review the ethical code and directives of law officers and staff to be in line with current best practices.

● Make an interim budget submission to provide any necessary resources to fund the selected projects.

● Convene an early meeting of the Legal Advisory Board already established under Presidential Ordinance in 20 April 2011 to begin consideration of justice sector reform issues.

● Convene an early meeting of international partners to identify current and proposed areas of international assistance to implement the plan.

F. One Hundred Days of Actions



moving forward to the rule of law · 2019-10-03 · myanmar’s judicial system since ancient times...

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