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Dr THI DA OO Director General Union Attorney General’s Office
Strengthening the Legal Aid Policy under the Legal Aid Law 2016, the Republic of the Union of Myanmar Dr THI DA OO Director General Union Attorney General’s Office
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Myanmar renovates the former old legal aid system by the Legal Aid Law 2016
These fundamental rights have to be enshrined in the constitution section 19 and 21 , the judiciary law, union attorney general law and legal aid law 2016 in Myanmar. There must be strengthening legal aid policy having accessibility, accountability, eligibility and legal certainty in seeking justice.
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Legal Aid Law 2016. Under the section 2 (a )
legal aid means hiring the lawyer, giving legal knowledge, tendering legal advice, giving assistance and giving information to the persons who are stipulated under such Law. under section 2 (b) The Persons who are accused, detained, arrested, prosecuted, sentenced and kept in jail by a crime, include persons in poverty, children, women, persons who need the special cure, elderly person, disabilities, HIV-effected persons and other epidemic diseases, stateless persons, asylums, foreigners, migrant workers, refugees, criminal victims and witnesses who request legal assistance in case of the special matter are entitled to have legal aid as legal aid claimants
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Relating to the witnesses accessing to legal aid,
section 29 provides that in case of requesting legal aid because of the special circumstance, they shall be granted in legal aid in criminal prosecution. section ( 5 to 13 ) allows to form the legal aid supervision bodies of Myanmar and their functions and duties , in which include the Union Legal Aid Body which is formed by Union Chief Justice, the State or Region Legal Aid Body, the District Legal Aid Body, the Township Legal Aid Body.
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section 6. Supervision power is vested to the Union Legal Aid Body
This body has the power not only for supervision to the different level of legal aid bodies but also for laying down the implementation policy, stipulation of the regulations to be followed by the different levels of legal aid bodies, stipulation of the sorts of crimes requested to legal aid, supervision of the services of the different levels of legal aid bodies to be conformity with law, dissemination of judicial, legal education and legal knowledge to the public, dissemination of the knowledge concerning the methods of legal aid , stipulation the regulations for legal aid bodies and legal aid providers, giving the assistance to the different levels of legal aid bodies
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Section 13 of this law provided that Union Legal Aid body must have rule to supervise legal providers against offending bribery ,and not receiving fees from claimant etc. section 20 and 21 lawyers, non –lawyers who are law undergraduate and graduate, no legal degree but experienced in judicial system or law firm can apply to be legal aids providers. Section 25 Legal aid claimant can request legal aid from a legal aid body as per rules
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under section 38 Relating to collaboration with other relevant institutions, the courts, the law offices, the Myanmar Police Force, the Prison Department and the other prosecuting bodies shall collaborate with the legal aid providers to support the legal aid to the competent persons; the relevant government department and institutions shall assist when the different level of legal aid bodies request the necessary assistance
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the Legal Aid Law is in line with the principles of the UN Principles and Guidelines on Access to Legal Aid in Criminal Justice Systems. Myanmar should lay down the National Legal Aid Policy (a)to form an Access to Justice Unit, (b)to find the budget and receiving directly the donation from donor, ( c) to establish the quality control mechanism of the legal aid providers
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THANK YOU
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