Enhancing Access to Justice in Lao PDR

1. Enhancing Access to Justice in Lao PDR By: Chitthasone DOUANGDY Deputy Head of International Cooperation and Organization Division, Planning and Cooperation Department, Ministry of Justice

2. Contents • Country Facts • Legal System of Lao PDR • legal frame work relevant to Legal aid • Implementing mechanism • Geographical location of aid centers • Services provided by legal aid offices • Lao PDR for next steps for Legal aid • Challenges • Case Study

3. Lao PDR – Country Facts • Lao PDR is a land linked country (bordering Myanmar, Cambodia, China, Thailand, and Vietnam) • Population - 6.8 million people living in its 18 provinces, • Lao PDR has made significant progress in poverty alleviation over the past 2 decades with poverty rates declining from 46% in 1992 to 27.6% in 2008. • On track to achieve the Millennium Development Goal

4. Legal system of Lao PDR – Brief overview • Civil law system • More than 109 laws passed by the National Assembly • The first constitution promulgated in 1991 and amended in 2003 ( currently discussions are ongoing to amend the constitution) • Justice service provided through formal and informal systems • Legal aid and legal education are part of the government policy to improve access to justice – The Legal Master Plan ( 2009- 2020) • Lao PDR hopes to achieve the status of a Rule of Law state by 2020

5. Legal frame work relevant to Legal aid • There is no specific law on legal aid • Constitution(2003) • Article 6: The state protects the freedom and democratic rights of the people which cannot be violated by anyone. All state organizations and staff must provide public propagation on all policies, laws and regulations among the people, and organize their implementations in order to guarantee the legitimate rights and interests of the people. All acts of bureaucratism and threats that can be harmful to the honour, lives, spirit and property of the people are prohibited. • Article 83. Cases shall be conducted in open court proceedings except if otherwise provided by the laws. Defendants have the right to defend themselves. Lawyers have the right to provide legal assistance to the defendants. • Criminal Procedure Law(2012) • Article 71: In case where the accused or defendant is a child under 18 years of age, a deaf person, a blind person, a mute person, an insane person, mentally ill person, someone who does not know that Lao language and who will receive the death penalty, that person must have a lawyer or a protector. If the accused person or defendant has no lawyer or protector, the organizations [with responsibility for] criminal proceedings will require Lao Bar Association to appoint a lawyer by law. Lao Bar Association must consider a requirement of the organizations [with responsibility for] criminal proceedings within 07 days shall start the day the LBA receives a requirement.

6. Law on Lawyer (2012) • Article 3 and 23 Legal Aid : Legal aid is legal services for poor people or disadvantage people without charge through Lao Bar Association and lawyer for promoting access to law and access to justice. • Article 25. Expenditures of a lawyer who appointed by the people’s court : Expenditures of a lawyer who appointed by the people’s court for providing legal assistance to accused or defendant who will receives the death penalty and other persons who described in the law such as transportation, allowance will comply with regulation which makes by Ministry of Justice. • Article 51 Legal Aid Fund :Legal aid fund is state fund under managing and monitoring by ministry of justice, establish for proving free legal assistance to poor people, disadvantage people who has legal case or need legal assistance or accused or defendant who will receives death penalty and other person who described in the law that be able access to legal services. • Article 52. Sources of Legal Aid are from : 1.State budget 2.Contribution from individual, legal person and organization inside Laos and outside Laos Social activities and others from legally sources. • Law on The Protection of the Rights of Children (2006) • Article 51. Rights of Child Offenders : too have legal assistance from a lawyer or legal protector and to have its parents or guardians present at stage of the criminal proceedings.

7. Law on Development and Protection of Women(2004) • Article 38. In order to protect the rights and interests of women and children, women and children have the rights to counselling, legal advice, moral advice, advice on health issues and others from organizations that provide counselling services. Rights and duties of those counselling organizations will be provide in specific regulation. • Article 39. Responsibilities of the State :The Sate defines policies, laws and regulations, mechanisms, and measures in a systematic way to develop and protect the rights and interests of women, including combating and preventing trafficking in women and children, and domestic violence against women and children in the family, and the state will assign to concerned sectors for implementation. • Article 40. Responsibility of Society : The Lao Front for National Construction, mass organizations, and social organizations have the responsibility to educate, create conditions for, and facilitate the development and protection of the rights and interests of women, and to participate in the implementation of policies, laws and regulations, mechanism, and measures of the State as provided in Article 39 of this law.

8. Decree No. 26 on implementing Law on Development and Protection of Women(2006) • Article 20- Assisting the victims : After receiving information or report on trafficking of women and children who are Lao citizens, foreign nationals, stateless persons and foreigners living in Lao PDR, the police officers shall coordinate with local authorities to render assistance to the victims urgently. Delivering them to sage shelter, and at the same time shall pursue lawsuit against the accused in accordance to the law. • Article 21 -Basic assistance: The basic assistance to the victims composes of: Shelter and food assistance; Legal assistance; Medical assistance; Short term vocational training assistance; Assistance in repatriation and others. • Article 23- Legal assistance: The victims have the right to received legal assistance such as: counselling, legal advice, lawyer and other protection in defending the case free of charge.

9. Objectives • To enhance access to justice • To provide easy access to justice services to the indigent , disadvantages and minority groups • To promote equality before the law • To raise awareness of legal matters among general public • Promote efficient justice delivery

10. Implementing mechanisms • MOJ currently has established two legal aid centers in 2015 ( these centers are jointly implemented by MOJ and LBA .Are funded by UNDP and TAF. • Law Faculty has the clinical legal education program and works with law students / volunteers to disseminate information and provide legal aid in rural areas. • LBA has 3 offices and operated with the support of donors. • NGOs operate small scale legal aid clinics in 6 villages in VTE capital

11. Geographical location of legal aid centers Oudomxay Province Sayabouly Province Vientiane Capital Champasuck Province

12. Services provided by legal aid offices • Legal representation • Legal advise • Documentation support – drafting , notarial services • Referrals Type of cases • Civil cases - Family law , accidents and damages , land disputes and others • Petty criminal cases

13. Lao PDR – next steps for Legal aid • A dedicated law for legal aid ( A decree on Legal aid ) • Increase regional legal aid offices • Conduct mobile legal aid clinics in rural areas • Disseminate information using diverse tools : drama , posters, leaflets , spot radio and community radio ( all these tools are now complete) • Training for MOJ , lawyers and other relevant stake holders on legal aid

14. Challenges • Sustainability of legal aid • Lack of awareness on legal issues among people – particularly in rural areas • Cultural barriers • Low number of legal practitioners /lawyers • Difficulty in introducing pro-bono culture • Volunteers working in this sector are not given any funds ( food and travel cost )

15. Example of a legal aid Case • Context – 53 year old resident from Ban Phonesavang complained of a land dispute to the legal aid office of Xengkong Province. • The disputants belong to the same minority group called the Hmong . • The legal aid office took steps to advise and provide support to prepare needed documents.

16. Thank you !