JICA s Cooperation for Rule of Law Promotion in Myanmar

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Lucy Higgins
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Faces - From the legal and other perspectives - Tokyo

1 JICA s Cooperation for Rule of Law Promotion in Myanmar Recent Development of Myanmar and the Challenges It Faces - From the legal and other perspectives - Tokyo 12 June 2013 Naoshi SATO Senior Adviser, JICA Attorney-at-Law

2 A Brief Overview of Prospective JICA s Cooperation for Rule of Law Promotion in Myanmar 2

3 Image of Direction The Project for Capacity Development of Legal, Judicial and Relevant Sectors in Myanmar Overall Goal Rule of Law, Democracy, Sustainable Economic Growth are promoted by modernization of laws and judiciary Project Purpose Capacity improvement of Myanmar legal, judicial and relevant authorities to develop and implement contemporary laws Improvement of practice Output 1: Capacity development for legislating work Compile lessons learnt from the activities to reference materials for improvement of the practice and technique of legal drafting, legal bills scrutiny and legal advice. Working Group Activities on targeted law areas in most urgent legislative needs: - Comparative research of legal texts, theories, and practices - Study of judicial precedents - Study of law drafting - Study of consistency among laws UAGO SC Improvement of training Output 2: Improvement of environment for human resources development Improvement of: - Training system - Training curriculum - Training textbooks - Training methods - Research and training facilities - Reference materials, etc. UAGO SC Legal empowerment for People and Civil Society Capacity Development of Lawyers Improving Legal Education Other Authorities Concerned 3

4 Tentative Project Organization Chart < UAGO > < SC > Joint Coordinating Committee (JCC) JICA JCC Management Committee (MC) Japanese Advisory Group Japanese Experts Team MC Working Groups for Legislating Work UAGO & Other Authorities concerned which are responsible for the targeted law areas WGs Members from SC Working Groups (WGs) for "Strengthening of human resource development" Working Groups (WGs) for "Strengthening of human resource development" 4

5 Basic Concepts of JICA s Cooperation for Rule of Law Promotion 5

6 Three Pillars and Capacity Development in Cooperation for Rule of Law Promotion (a) Supporting the development of rules and regulations Support of drafting of laws and legislative activities (b) Supporting the improvement of the capacity of public organizations Support in the development of organizational capacity and the improvement of the professional practice (c) Supporting legal empowerment of people and society Supporting the dissemination of laws, people s access to legal and judicial systems, and the building of legal-aid institutions Supporting the development of legal professionals Training of personnel involved in (a), (b) and (c) Development of institutional capacity 6 6

7 Characteristics of JICA s Cooperation (1/3) Focus on Capacity Development The development of partner countries human resources and institutional capacity so as to be able to engage in each of the core elements [(a) Development of rules and regulations, (b) Improvement of the capacity of public organizations or (c) Legal empowerment of people and society] are indispensable for improving legal and judicial systems while addressing their harmonization with the cultural and social factors in each partner country. Human resources and institutional capacity are the cornerstones of (a), (b) and (c). JICA s cooperation focuses on enhancing human and institutional capacity to address challenges of (a), (b) and (c). 7

8 Characteristics of JICA s Cooperation (2/3) Support for institutional capacity development based on Japan s experience in the process of development of legal and judicial system Japan has experience in customizing foreign legal systems to accommodate the cultural and social elements of the existing Japanese systems through trial and error processes. Japanese legal professionals learned the lessons, from Japan s experience of trial and error, that the ownership and efforts of the people who have deep understanding of their own culture and existing systems are crucial to the effective use of external support. Respecting Partner Countries Ownership Long-term dialogue taking into account culture, custom and existing systems Provision of Options 8

9 Characteristics of JICA s Cooperation (3/3) Struggle to import and customize legal system in foreign countries Experiences in Meiji Era and after WWII Coordination between different systems Awareness of importance of Capacity Development from its own experience Awareness of difficulties of implementation of unfamiliar foreign system Japan can share its experiences of trial and error with other countries through cooperative works and corporative studies. 9

10 Thank you.

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