Legal Aid Service Providers in Myanmar and the communities they serve
Field Note Bruno Langhendries & Julien Moriceau, Completed for Avocats Sans Frontières, the United Nations Development Program, Australian Aid, Ministry of Foreign Affairs of Finland, the Government of Sweden and UK Aid
In an effort to develop a Legal Referral System to link marginalized justice seekers with legal service providers in their communities, and to contribute to the knowledge base concerning access to justice issues facing communities and service providers, ASF (Avocats Sans Frontières) conducted a mapping of legal aid service providers (LASPs) in and around Mandalay, Myitkyina, Taunggyi and Yangon in March and December 2016. The Survey resulted in the identification of approximately 50 LASPs and the development of guidelines for a Legal Referral System in the Rule of Law Centres Initiative (ROLCs), to connect justice seekers to LASPs in the regions they operate. The findings highlight that LASP activities are growing in Myanmar since 2011. Survey found that LASPs generally fall into two main categories:
1. Civil Society Organisations (CSOs) and;
2. Law firms or sole practitioners, but they defy further categorization.
The LASPs surveyed have divergent organizational structures, mandates and approaches, and face different challenges in providing legal assistance to their communities. LASPs reported that the key obstacles to their work included corruption in the justice system and a lack of legal awareness by the general public, which compounded the impact of disputes and legal issues in a number of ways. Justice seekers identified a lack of legal awareness, distrust in justice institutions and an apprehension of lawyers as amongst the most pressing barriers to justice in Myanmar. Community members and LASPs alike reported an overwhelming preference for alternative dispute resolution (ADR) mechanisms where possible.
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