Transformation that Starts from Within: Implementing Due Process Rights in Myanmar

“The era of declaration is now giving way, as it should, to an era of implementation,” said Kofi Annan (then United Nations Secretary-General) in 2005. These words encapsulate the vision and conviction upon which Ms. Karen Tse founded International Bridges of Justice (IBJ) in 2000, with the goal of ending the use of torture as an investigative tool by the end of the 21st century. This summer I interned with IBJ in its Geneva headquarters where I had the opportunity not only to understand the IBJ model for practical implementation of rights in criminal law, but also to involve myself with their efforts to apply this model in Myanmar.

IBJ’s work is premised on the fact that the majority of countries have signed international treaties and passed domestic laws to safeguard basic rights such as the right to liberty and security of the person, the right to counsel and to a fair trial, and freedom from arbitrary arrest and detention. Therefore, when countries continue to violate these basic human rights, a gap exists between what the country has publicly and legally committed to and what it is doing in practice. Kenneth Cukier describes this gap as an “arbitrage opportunity.” Spotting this arbitrage gave IBJ a strong raison d’être; yet the organization is about more than seizing this opportunity. More significant is Ms. Tse’s belief in the power of transformative love, which underpins her consistent efforts to engage and partner with governments to help them live up to the standards they have set for themselves.

Two years ago, Myanmar ended decades of military rule and diplomatic isolation with the election of a civilian government. Now actively reintegrating into the international community, Myanmar is attracting global attention thanks to its untapped market and rich natural resources. It is therefore an excellent time to work with the government on the implementation of due process rights.

In May of this year, IBJ conducted a week-long legal aid training program in Singapore for a delegation of the Myanmar criminal justice community which included the Deputy Attorney General, police officials, members of the Supreme Court and criminal defense lawyers. Initially, the air was thick with tension; lawyers and officials would not talk to each other and sat at separate tables during dinner. Ms. Tse decided to take the group to a Burmese temple to seek blessings and reconciliation. With this temple visit and the various training exercises, the tension eased and the two sides began to show empathy towards each other. The training culminated in an exer- cise where the group collectively identified Myanmar’s legal development trajectory and formulated action plans on how to move forward. On the last night, everyone sang and danced together and it was clear that a change of consciousness had taken hold.

From June 3-5, 2013, the World Economic Forum on East Asia met in the new capi- tal of Myanmar, Nay Pyi Taw. Ms. Tse was invited to attend and I accompanied her on this 11 day trip. This trip was a great opportunity for us to build on the success of the training and lay the foundation for a full-fledged country program in Myanmar.