-
Guide to Organizing and Working with Community-Based Paralegals
This manual is intended to be a practical learning aid and helpful reference guide for community-based paralegals and organizations running community-based paralegal programs.
It should be helpful to paralegal program management staff that supervise and support paralegal services, as well as to those who are interested in learning more about the operations of such programs. Moreover, this manual aims to contribute to developing mechanisms and materials to support sustainable community-based paralegal programs and provide support for a better understanding of the model.
This manual has been prepared as a hands-on document for community-based paralegals to guide them with basic messages about paralegalism, tackling justice issues, and the delivery of quality services. It provides a framework to ensure that community-based paralegal services can be provided in an efficient and quality-assured manner.
-
Housing, Land and Properties Right Assessment
Imagine: you live in a wooden house with basic utilities and you depend on your nearby farmland for the livelihood of your family. Private companies, government officials and ethnic armed organisations are interested in your land, but you have no way to defend yourself.
In Myanmar, decades of civil war and abuses by the military and other actors have created an atmosphere of fear and mistrust in institutions. The recent bilateral ceasefire agreements between the ethnic armed organisations and the military have given you some hope, but there is still no peace agreement in place which sets a clear line between the violent past and a more promising future. Your own future livelihood may depend on the help of civil society organisations and the legal assistance they may provide. This is the reality of many people belonging to ethnic minorities such as the Mon and Karen people in South East Myanmar.
The Norwegian Refugee Council (NRC) works to assist the conflict-affected communities in Myanmar protecting their land. We've conducted a micro level analysis of the situation in Mon State, at the heart of the South East. To address land disputes, the report recommends strengthening information, counselling and legal assistance services and building capacities and institutions.
-
Alternative Dispute Resolution/ Collaborative Dispute Resolution to resolve land disputes
Land disputes are often a political and social minefield. When it comes to land rights, even the smallest disagreement can raise tensions for farmers, families, communities, governments and ethnic armed organisations. Such disagreements can escalate into conflicts and fuel civil wars. It is therefore vital to find practical ways of addressing issues at the earliest possible stage.
There are, however, many ways to solve a dispute, some more effective than others. For example, an authority can make a top-down decision based exclusively on available documents (which may not be correct or fair) without any consultation. It may simply impose a solution regardless of the wishes and legal rights of the people involved. Unfortunately, this approach is all too common. Moreover, laws do not always take into account alternative ways of solving conflicts.
In Myanmar, the Norwegian Refugee Council (NRC) has worked with village leaders, local authorities and ethnic armed organisations to adopt a “middle way”, in order to address some of the most common land disputes. We have used a process of mediation, analysing the conflicts, interviewing the parties, and proposing options that fit people’s interests rather than their positions. This has resulted in agreements that have the potential to last over time and make everyone’s lives easier.
Our report, A Feasibility Assessment on the Introduction of Alternative Dispute Resolution/Collaborative Dispute Resolution to Resolve Land Disputes in Myanmar, has been written in collaboration with Chris Moore from CDR Associates. It contains a detailed analysis of land dispute resolution in Myanmar and suggests ways to improve access to justice by using this much needed “middle way”.
Land disputes are often a political and social minefield. When it comes to land rights, even the smallest disagreement can raise tensions for farmers, families, communities, governments and ethnic armed organisations. Such disagreements can escalate into conflicts and fuel civil wars. It is therefore vital to find practical ways of addressing issues at the earliest possible stage.
There are, however, many ways to solve a dispute, some more effective than others. For example, an authority can make a top-down decision based exclusively on available documents (which may not be correct or fair) without any consultation. It may simply impose a solution regardless of the wishes and legal rights of the people involved. Unfortunately, this approach is all too common. Moreover, laws do not always take into account alternative ways of solving conflicts.
In Myanmar, the Norwegian Refugee Council (NRC) has worked with village leaders, local authorities and ethnic armed organisations to adopt a “middle way”, in order to address some of the most common land disputes. We have used a process of mediation, analysing the conflicts, interviewing the parties, and proposing options that fit people’s interests rather than their positions. This has resulted in agreements that have the potential to last over time and make everyone’s lives easier.
Our report, A Feasibility Assessment on the Introduction of Alternative Dispute Resolution/Collaborative Dispute Resolution to Resolve Land Disputes in Myanmar, has been written in collaboration with Chris Moore from CDR Associates. It contains a detailed analysis of land dispute resolution in Myanmar and suggests ways to improve access to justice by using this much needed “middle way”.
-
Customary Land Dispute Resolution Report
In Myanmar, we're learning more about how village leaders solve land disputes in the traditional way to help inform policy makers on the best ways forward to ensure protection of displaced people.
They say that good boundaries make good neighbours, however it is often difficult to determine where such boundaries lie. In rural Myanmar, disputes over boundaries are often solved through traditional methods, which include engaging the village elders and other customary authorities.
Decades of civil war and massive development have created even more serious problems concerning land, such as people being forced to flee and returning to see their land occupied by others. Sometimes the military, ethnic armed organisations, the government, companies or a combination of them take over the land of farmers without following a legal procedure or providing adequate compensation for the land lost. This creates very serious problems for displaced people.
The Norwegian Refugee Council (NRC), together with Displacement Solutions, has conducted a study to learn more about how village leaders solve land disputes in the traditional way to help inform policy makers on the best ways forward to ensure protection. The report is entitled "A HLP-Rights Based Assessment of Customary Land Dispute Resolution in Eastern Bago Region and Kayin and Shan States."
-
Vacant, Fallow and Virgin Land Management Law
On September 11, 2018 parliament passed an amendment to the Vacant, Fallow and Virgin (VFV) Land Management Law. This law has been criticized by many groups ranging from civil society groups to mining companies. The primary concern is that it will cause further insecurity for farmers and ethnic communities. Most of the lands classified as VFV are in ethnic rural areas and up to 10 million people live or rely on this land for their livelihood.
Further information is available here.
-
IBJ MYANMAR CRIMINAL DEFENSE PRACTICE MANUAL
Legal aid for the criminally accused is essential to ensure access to justice and rule of law, and Justice Centres provide free legal representation for poor and vulnerable people accused of crimes to fight against violations of fair trial and human rights. MyJustice partner International Bridges to Justice has published the Myanmar Criminal Defense Practice Manual, which provides practical analysis and advice for criminal defense lawyers in Myanmar to provide a robust defense on behalf of their clients. The Manual is part of an ongoing effort to build the capacity of legal professionals to defend the rights of the accused, create a fairer criminal justice system, and expand access to justice.
-
USAID Legal Aid Toolkit for Myanmar
Legal Aid in Myanmar is at an important stage in its development. The Government of Myanmar recently enacted a Legal Aid Law, commnities and individuals are learning about the availability of legal aid, and legal aid providers are perfecting the skills needed to serve their clients. This Legal Aid Toolkit was prepared with the goal of educating and assisting Myanmar’s legal aid providers during this exciting transition.
-
World Justice Project (WJP) Rule of Law Index
This 2016 report combines expert interviews with national surveys to measure 44 indicators related to rule of law in 113 countries and territories. Myanmar ranked 14th out of 15 countries in the region and 98 out of 113 globally. There is an interactive data explorer available here.
In February 2017 MyJustice hosted the WJP Executive Director and team for a discussion of the 2016 Rule of Law Index findings in Yangon. A short summary of the event is available here.
-
UAGO Moving Forward the Rule of Law: Strategic Plan 2015 – 2019
The Myanmar Union Attorney General’s Office published its first five year strategic plan in January 2016, available in English and Myanmar language. It focuses on four main areas: 1) to protect the legal rights of individuals and the national interest; 2) to strengthen the performance of the Union Attorney General’s Office; 3) to inspire public trust and confidence in the justice system; and 4) to take an active role in justice sector reform.
-
Introduction to Social Research Methods by Inya Institute
The first edition of Inya Institute’s manual provides a comprehensive introduction to social science research for Myanmar audiences. The resource includes sections quantitative and qualitative research; survey design and sampling techniques; focus group discussion and interviewing; and data analysis, among others. It is in English and Myanmar languages.
