Japan s Approach for Rule of Law Assistance Implementation Process and Experience in Myanmar

Transcription

1 Law, Justice and Development Week 2014 Japan s Approach for Rule of Law Assistance Implementation Process and Experience in Myanmar Washington D.C. October 21, 2014 Naoshi SATO Senior Adviser Japan International Cooperation Agency Attorney-at-Law (Ushijima and Partners) Noriko SHIBATA Chief Government Attorney International Cooperation Department Research and Training Institute, Ministry of Justice of Japan

2 JICA s Cooperation Map for Legal and Judicial Sector JICA s assistance in this field is for the countries which need development of laws to shift to a market-oriented economy and for the postconflict countries which need reconstruction of judicial system and human resource development. JICA has supported legal and judicial sectors in the countries indicated in the map. Currently, Japanese government focuses on 8 countries such as Vietnam, Cambodia, Laos, Uzbekistan, Indonesia, Mongolia, Myanmar and Bangladesh to assist Capacity Development for Legal and Judicial Sectors Uzbekistan [Apr 2010 Sep 2012] (Terminated) The Project for Improvement of administrative procedures for the Development of Private Sector Activities Mongolia [Apr 2013 Dec 2015] Ongoing The Project for Strengthening Mediation System (Phase2) Nepal [Sep 2013 Mar 2017] Ongoing The Project for Strengthening the Capacity of Court for Expeditious and Reliable Dispute Settlement Myanmar [Nov 2013 Nov 2016] Ongoing The Project for Capacity Development of Legal, Judicial and Relevant Sectors in Myanmar China [Jul 2012 Jun 2015] Ongoing Training on Administrative Procedure Law and Other Administrative Laws Vietnam [Apr 2011 Mar2015] Ongoing The Project for the Legal and Judicial System Reform (Phase 2) Laos [Jul 2014 Jul 2018] Ongoing Project for Human Resource Development in the Legal Sector (Phase 2) Cambodia [Apr 2012 Mar 2017] Ongoing Legal and Judicial Development Project (Phase 4) Indonesia [Mar 2007 Mar 2009] (Terminated) Project on Improvement of Mediation System East Timor [ ] (Terminated) Capacity Building of Drafting Legislation (Phase1 & 2)

3 History of JICA s Cooperation in Legal and Judicial Sector 1960s~ Group training programs in Japan for legal professionals on criminal matters Mid 1990s~ Supporting legal and judicial reforms of countries in transition to a market economy 2000s~ Vietnam (1996~) Laos (2003~) China (2004~) Uzbekistan (2005~) Mongolia (2006~) Supporting legal development of post-conflict countries Cambodia (1999~) Nepal (2009~) East Timor (2009~2010) Myanmar (2013~)

4 Implementation Structure / Supporting Mechanism Myanmar Japan Partner Organizations JICA Myanmar Office JICA HQ Legal/Judicial Organizations (Union Attorney General s Office and Office of Supreme Court of Union), Advice, Info-sharing, Joint Field Survey JICA Long-term Advisors Public Attorney Private Lawyer Coordinator, Advice, Info-sharing Advisory Groups Working Groups Coordination [Seminars/TV Conference] Advice, Info-sharing Universities MOJ SC JFBA* *JFBA: Japan Federation of Bar Association

5 UAGO Joint Coordination Committee Reviewing project activities and approving work plan of the Project Project Implementation Structure JICA Japanese Advisory Group Providing advice to Japanese advisors in Myanmar Having seminar or join WG activities in Myanmar Joint Coordination Committee Reviewing project activities and approving work plan of the Project Management Committee (MC) Creating WGs and planning/supervising/facilitating WGs activities Japanese Advisors Planning work plan Facilitating WG activities Liaising with relevant stakeholders Dealing with logistics Management Committee (MC) Creating WGs and planning/supervising/facilitating WGs activities Working Groups (WGs) for Legislating work" UAGO Other authorities concerned which are responsible for the targeted law areas Law areas which are agreed as target law areas, including Company Act and IP Law Law areas under SC's jurisdiction Working Groups (WGs) for "Strengthening of human resource development" UAGO Reviewing current training methods/materials and revising and creating them to strengthening capacity of government attorneys Reviewing current training methods/materials and revising and creating them to strengthening capacity of judges

6 Project in Myanmar Overall Goal Rule of Law, Democracy, Sustainable Economic Growth are promoted by modernization of laws and judiciary Human Resource Development Project Purpose Capacity improvement of Myanmar legal, judicial and relevant authorities to develop and implement contemporary laws Improvement of practice 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 Draw lessons Improvement of practice Improvement of environment for human resources development Improvement of: - Training system - Training curriculum - Training textbooks - Training methods, etc. UAGO Domestic efforts and international supports for Rule of Law Promotion Other Authorities Concerned UMFCCI UOY, etc. Supports for Legal Education

7 Discussion Points Focus on Implementation - Capacity Development Centered Approach- Effective Methods Joint Operation by setting up Local Working Groups Support provided by Advisory Groups Long-term Advisors who have a detailed knowledge of the local culture Peer to Peer Assistance Importance of Legal Education at Universities

8 Thank you