Overview: Situation of Legal Aid in Myanmar

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n the conception of human rights, legal aid is a manifestation of the principle of fair trial requires the equal position of the suspect / defendants and the law enforcement. The right to legal aid is a consequence of the principle of equality before the law. 

The right to legal aid is a consequence of the principle of equality before the law, include the right to defend and impartial legal facilities (Equality of Arms) as defined of Articles 14 the International Covenant on Civil and Political Rights legal aid, where the state ensure the the fulfillment right to legal aid

One of Countries in Asean that already have on legal aid law are Indonesia. How about the the country of Myanmar, as the country new open mind, who will be entering the fourth year in a democratic transition.

This article tried browse for about legal aid in Myanmar through surveys and discussions with lawyers and legal activists in Myanmar. Based on above so I get the picture the beginning on legal aid in Myanmar.

Based on the discussions and surveys i have been done, From the discussions and surveys that have been done, I get the picture of the implementation of legal aid, which are required only for those suspects / defendants are sentenced death. But people in Myanmar was not silent. They have a lot of initiatives to promote the rights of legal aid for the poor people. Even civil society have initiatives that have legal assistance not only assisting poor people in the court but legal aid should be done for community empowerment and social justice.

Furthermore, according to the people of Myanmar that the legal aid system in myanmar today, based on the legal aid office in Myanmar law, which in fact they did not understand and not so detailed and in-depth for meaning of legal aid system.

Although currently in myanmar ongoing democratic transition of Myanmar but until now has not had legislation on legal aid. It seems not yet a priority for the Parliament and the government in Myanmar. The Myanmar government only provides legal aid to suspects or defendants in criminal cases punishable death penalty, and transportation.

If so, in Myanmar does not have on legal aid law, who can provide legal aid?. In my discussions with the lawyers and human rights activists in Myanmar that the initiative in providing legal aid in Myanmar at the initiative of civil society such as lawyers, activists. Where the is currently in the myanmar has established legal aid network (MLAW) with as many as 16 law firm partners and 3 NGO's.

Then the next my question, what is the procedure in getting legal aid for people in the Myanmar ?. According to lawyers and human rights activists in myanmar, procedures in getting legal aid dimyanmar depends on the case. If the poor people need legal aid, they went to the legal aid office namely U Kyaw Mint Law Firm, Yangon Justice Centre and Mawlamyaing Justice Centre, so depending on the respective offices, there are no standard criteria.

If, poor people want to acces legal aid, what what requirements are needed ?. According to lawyers and activists of the Equal Organization, esspecially in the equal Organization:

- Must be from 3 KP (Key Population, #KP network means a high risk of HIV-positive people).

- Based on the violations of human rights.

- The accused / suspects who do not have a lawyer in the first trial.

- A person detained who has no families.

What do you input to th gorvernmen regarding the legal aid in myanmar?. According to activists and lawyers in the myanmar. They hope and have input regarding legal aid to the government of Myanmar, namely:

- The Government and Parliament must have draft legal aid law, proposed and approved by Parliament.

- In order to facilitate the training of government legal aid to lawyers, paralegals and pempinan NGOs.

- To facilitate the training of government about legal aid training for lawyers, paralegals, leader of NGOs and civil society.

- Strengthening the bar association in Myanmar.

- Facilitating mechanisms and techniques in international law through international legal experts.

- To Open new the legal aid office in every region and state.

From the discussions and surveys I have done, that Hope activists, community and lawyers in the myanmar above not an unreasonable, Of course is very difficult to achieve, but the myanmar people can do it. Which need help and seriousness of the Government of Myanmar to prepare the legal framework in the context of the protection of human rights, which legal aid is one of human rights, which is the fulfillment of human rights is government obligations. Nonetheless, the myanmar government need to support from civil society in the Myanmar as well as from international institutions that care for the advancing of human rights in the Myanmar.