The catalytic Asian pro bono movement continues in Myanmar

As Malathi Das, Singapore lawyer and Past President of LAWASIA, said in her keynote address at the 4^th Asia Pro Bono Conference and Legal Ethics Forum held recently in Mandalay, it is now time to nurture the roots of the ‘pro bono trees’ in each of the countries of the region. For the host country, Myanmar, this is certainly what occurred over a four-day event where pro bono legal services, legal education and legal ethics were all discussed vigorously in the context of the conference’s theme that “pro bono and ethics build a noble legal profession”.

Malathi Das’ reference to ‘pro bono trees ’builds on her address at the first Asia Pro Bono Conference, held in Laos in 2012, which has been remembered for her analogy between a tree falling silently in the forest (that no one may hear but has a profound effect), and a lawyer selflessly undertaking pro bono legal work, (that no one may notice but similarly may have a profound effect).

This conference has evolved from year to year and country to country, to bring together a unique mix of international and local issues. This year was no exception. The event was notable for the high level of engagement by the many participating Myanmar lawyers (aided by some excellent translators). The considerable challenges under which Myanmar lawyers operate were apparent and it was clear through the earnest discussions that a real transference of knowledge was taking place.

Many sessions involved an exchange between the ‘international experts’ and lawyers from the region that tested concepts for both, for example, assumptions made about the independence of prosecutorial decisions, the personal safety of lawyers, and the duty of a court to lawyers, were all issues emerging from discussion, sometimes to the surprise of visiting international lawyers.

Two significant announcements were made during the conference week, both of which are evidence that this conference generates change. The first was the announcement by the Independent Lawyers Association of Myanmar (ILAM) of a date for the first election for officers to a central committee to shape the policies and directions of ILAM as a new independent bar association.

This is an historic step, in a process started in March 2014, where a national steering committee of lawyers, from every state and region in Myanmar, has been working with the International Bar Association’s (IBA) Human Rights Institute to design and establish an independent bar according to the best practice for bar associations. ILAM also decided that it will have a pro bono committee once it is up and running even though much of the work now undertaken by its members is done without charge to the client.

The second announcement during the conference week was the ‘yellow ribbon’ campaign launched by the Myanmar judiciary against the militarization of the legal system. This movement protests against the practice of appointment of former military officers to judicial positions they are often largely unqualified for (see also ‘Yellow ribbons seek an end to militarized judiciary’, Myanmar Times, Thursday 10 September, p.4).

230 participants from more than 19 countries came together to share their knowledge, experiences and passion for pro bono, legal education, access to justice and legal ethics with the delegates from Australia numbering 24. Despite this sizeable Australian contingent, it still proved impossible to reach agreement on an Australian song to sing together on the cultural evening, with the Australians ending up joining the small Irish contingent to sing “Molly Malone”.

Law firms attending and/or involved in the conference this year included law firms Allen & Overy, Ashurst, Beacon Law Corporation, CBP Lawyers, DLA Piper, Freshfields, Herbert Smith Freehills, K & L Gates and Maurice Blackburn, Russell Kennedy and clearing houses and networks including BABSEA CLE, PILnet, Trust Law, and the Queensland Public Interest Law Clearing House (QPILCH). This conference was also notable for the attendance by a good number of NGOs.

Some of the many highlights included:

• The awareness by delegates of the UN’s Sustainable Development Goal 16 (to be soon officially adopted at a UN summit in New York) that is to ‘promote peaceful and inclusive societies for sustainable development, provide access to justice for all and build effective, accountable and inclusive institutions at all levels’. As Nick Booth, Policy Adviser for Governance, Access to Justice and Human Rights at UNDP’s Asia-Pacific Regional Centre, made the point, this is a significant development because providing access to justice will now be an official goal for all UN member states for the next 15 years, and pro bono is a vital part of the strategy for seeking to achieve that goal.

• A presentation by the producer, and one of the writers, of Myanmar’s first TV drama series about justice and rule of law issues called The Sun, The Moon & The Truth. This program has reached over a million TV viewers and inspired a community –led development theatre piece by local group ‘Human Drama’, who on the opening night of the conference re-enacted a human trafficking scenario.

• The announcement of the incorporation of the organisation called SEALAW with the goal of strengthening legal aid systems in Southeast Asia, advocacy for reform in legal aid systems, and capacity building of practitioners engaged in delivery of legal aid. It was rather daunting to discover that Myanmar’s legal aid budget (restricted to funding lawyers undertaking a defence brief in a death penalty case) was a total of US$600 for the whole country with lawyers being entitled to be paid just US$3 per case.

• Discussion about pro bono partnerships in the region, what makes them sustainable, and what constitutes commitment in a pro bono partnership.

• The strong participation by clinical legal educators from many parts of the world supporting the discussions about pro bono and legal education including a presentation by law students from the University of Queensland Pro Bono Centre, (with Caxton Legal Centre) on a survey they had conducted to develop strategies for enhancing student pro bono engagement in Asia.

• Discussion about the role of pro bono in various contexts of unmet legal need including the needs of the LGBTI community, the plight of migrant workers, the scourge of human trafficking and the lack of land security.

• Discussion about the role of bar associations and pro bono between representatives from the Law Council of Australia, the Singapore Law Society, the Nepalese Bar Association, the IBA Human Rights Institute and Avocats San Frontières.

• Some great discussions about the ethical reasons why we do pro bono led by Professor Adrian Evans of Monash University (author of the book “The Good Lawyer”) and ways to better develop a noble legal profession through pro bono, legal ethics and professional responsibility practices.

The involvement of Myanmar’s lawyers is perhaps no surprise as senior lawyer U Hla Ko, now 72 years old, has been promoting the Asia Pro Bono Conference to his colleagues since he first attended it in Laos in 2012. He has been providing leadership through his now oft-repeated phrase that the way for a lawyer to find a long and fulfilling life is to ‘drink the pro bono tonic’. The case studies of his law firm’s public interest cases seeking redress for people removed from traditional lands in Myanmar were illustrative of his skill and dedication.

This is a conference that is involved in promoting the broad concept of pro bono: lawyers working for the public good. In the Asian context this involves discussions about how legal aid systems operate, the importance of the rule of law, and the importance of an adversarial legal system where the machinery functions properly, as well as the range of issues concerning large law firm pro bono.

This conference has evolved to accommodate and embrace its context. What it does well is involve and inspire the local legal community and leave behind it a legal profession that is strengthened. It is unique for its energy, its enthusiasm for the catalytic power of pro bono and the broad participation of delegates through interactive activities. The conference has a clear ambition to grow an Asian pro bono movement that involves the whole legal community including law students. After four conferences, the evidence is that it is succeeding in this. It has a core group of participants who have attended regularly but every time it brings in a new cohort of people who want to attend again.

The next Asia Pro Bono Conference and Legal Ethics Workshop will be held in Indonesia at a place and time to be confirmed under the likely banner of an Asia Pro Bono and Legal Ethics Week which promises to offer even more events in which lawyers, law firms, NGOs, academics and others can get involved.

Further information is available at www.probonoconference.org. More photos from the Conference can be found below.

The Centre’s Director, John Corker was a member of the International Organising Committee for this conference.