By: Chitthasone DOUANGDYBy: Chitthasone DOUANGDY

Deputy Head of International Cooperation and Deputy Head of International Cooperation and Organization Division, Planning and Cooperation Organization Division, Planning and Cooperation

Department, Ministry of JusticeDepartment, Ministry of Justice

Enhancing Access to Enhancing Access to Justice in Lao PDR Justice in Lao PDR

ContentsContents

• 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

Lao PDR – Country Lao PDR – Country Facts Facts

• Lao PDR is a land linked country (bordering Lao PDR is a land linked country (bordering Myanmar, Cambodia, China, Thailand, and Myanmar, Cambodia, China, Thailand, and Vietnam) Vietnam)

• Population - 6.8 million people living in its 18 Population - 6.8 million people living in its 18 provinces, provinces,

• Lao PDR has made significant progress in poverty Lao PDR has made significant progress in poverty alleviation over the past 2 decades with poverty alleviation over the past 2 decades with poverty rates declining from 46% in 1992 to 27.6% in rates declining from 46% in 1992 to 27.6% in 2008. 2008.

• On track to achieve the Millennium Development On track to achieve the Millennium Development GoalGoal

Legal system of Lao Legal system of Lao PDR – Brief overviewPDR – Brief overview

• Civil law systemCivil law system

• More than 109 laws passed by the National AssemblyMore than 109 laws passed by the National Assembly

• The first constitution promulgated in 1991 and amended in The first constitution promulgated in 1991 and amended in 2003 ( currently discussions are ongoing to amend the 2003 ( currently discussions are ongoing to amend the constitution) constitution)

• Justice service provided through formal and informal Justice service provided through formal and informal systems systems

• Legal aid and legal education are part of the government Legal aid and legal education are part of the government policy to improve access to justice – The Legal Master policy to improve access to justice – The Legal Master Plan ( 2009- 2020)Plan ( 2009- 2020)

• Lao PDR hopes to achieve the status of a Rule of Law state Lao PDR hopes to achieve the status of a Rule of Law state by 2020by 2020

Legal frame work relevant toLegal frame work relevant to Legal aid Legal aid

There is no specific law on legal aid There is no specific law on legal aid

Constitution(2003)Constitution(2003)

• Article 6: Article 6: The state protects the freedom and democratic rights of the people The state protects the freedom and democratic rights of the people which cannot be violated by anyone. All state organizations and staff must which cannot be violated by anyone. All state organizations and staff must provide public propagation on all policies, laws and regulations among the people, provide public propagation on all policies, laws and regulations among the people, and organize their implementations in order to guarantee the legitimate rights 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 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.harmful to the honour, lives, spirit and property of the people are prohibited.

• Article 83. Article 83. Cases shall be conducted in open court proceedings except if Cases shall be conducted in open court proceedings except if otherwise provided by the laws. Defendants have the right to defend themselves. otherwise provided by the laws. Defendants have the right to defend themselves. Lawyers have the right to provide legal assistance to the defendants. Lawyers have the right to provide legal assistance to the defendants.

Criminal Procedure Law(2012)Criminal Procedure Law(2012)

• Article 71: Article 71: In case where the accused or defendant is a child under 18 years of 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 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 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 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 person or defendant has no lawyer or protector, the organizations [with responsibility for] criminal proceedings will require Lao Bar Association to appoint responsibility for] criminal proceedings will require Lao Bar Association to appoint a lawyer by law. Lao Bar Association must consider a requirement of the a lawyer by law. Lao Bar Association must consider a requirement of the organizations [with responsibility for] criminal proceedings within 07 days shall organizations [with responsibility for] criminal proceedings within 07 days shall start the day the LBA receives a requirement.start the day the LBA receives a requirement.

Law on Lawyer (2012)Law on Lawyer (2012)

• Article 3 and 23 Legal Aid : Legal aid is legal services for poor people or disadvantage 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 people without charge through Lao Bar Association and lawyer for promoting access to law and access to justice.law and access to justice.

• Article 25. Article 25. Expenditures of a lawyer who appointed by the people’s court : 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 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 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 persons who described in the law such as transportation, allowance will comply with regulation which makes by Ministry of Justice. regulation which makes by Ministry of Justice.

• Article 51 Article 51 Legal Aid Fund :Legal aid fund is state fund under managing and 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 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 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 or defendant who will receives death penalty and other person who described in the law that be able access to legal services.law that be able access to legal services.

• Article 52Article 52. Sources of Legal Aid are from :. Sources of Legal Aid are from :1.State budget1.State budget2.Contribution from individual, legal person and organization inside Laos and outside Laos2.Contribution from individual, legal person and organization inside Laos and outside LaosSocial activities and others from legally sources. Social activities and others from legally sources.

Law on The Protection of the Rights of Children (2006)Law on The Protection of the Rights of Children (2006)

• Article 51Article 51. Rights of Child Offenders : too have legal assistance from a lawyer or legal . 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 protector and to have its parents or guardians present at stage of the criminal proceedings. proceedings.

Law on Development and Protection of Women(2004)Law on Development and Protection of Women(2004)

• Article 38Article 38. In order to protect the rights and interests of women and . In order to protect the rights and interests of women and children, women and children have the rights to counselling, legal children, women and children have the rights to counselling, legal advice, moral advice, advice on health issues and others from advice, moral advice, advice on health issues and others from organizations that provide counselling services. Rights and duties of organizations that provide counselling services. Rights and duties of those counselling organizations will be provide in specific regulation.those counselling organizations will be provide in specific regulation.

• Article 39. Article 39. Responsibilities of the State :The Sate defines policies, Responsibilities of the State :The Sate defines policies, laws and regulations, mechanisms, and measures in a systematic laws and regulations, mechanisms, and measures in a systematic way to develop and protect the rights and interests of women, way to develop and protect the rights and interests of women, including combating and preventing trafficking in women and including combating and preventing trafficking in women and children, and domestic violence against women and children in the children, and domestic violence against women and children in the family, and the state will assign to concerned sectors for family, and the state will assign to concerned sectors for implementation.implementation.

• Article 40Article 40. Responsibility of Society :. Responsibility of Society :The Lao Front for National The Lao Front for National Construction, mass organizations, and social organizations have the Construction, mass organizations, and social organizations have the responsibility to educate, create conditions for, and facilitate the responsibility to educate, create conditions for, and facilitate the development and protection of the rights and interests of women, development and protection of the rights and interests of women, and to participate in the implementation of policies, laws and and to participate in the implementation of policies, laws and regulations, mechanism, and measures of the State as provided in regulations, mechanism, and measures of the State as provided in Article 39 of this law.Article 39 of this law.

Decree No. 26 on implementing Law on Development Decree No. 26 on implementing Law on Development and Protection of Women(2006)and Protection of Women(2006)

• Article 20Article 20- Assisting the victims : After receiving - Assisting the victims : After receiving information or report on trafficking of women and children information or report on trafficking of women and children who are Lao citizens, foreign nationals, stateless persons who are Lao citizens, foreign nationals, stateless persons and foreigners living in Lao PDR, the police officers shall and foreigners living in Lao PDR, the police officers shall coordinate with local authorities to render assistance to the coordinate with local authorities to render assistance to the victims urgently. Delivering them to sage shelter, and at the victims urgently. Delivering them to sage shelter, and at the same time shall pursue lawsuit against the accused in same time shall pursue lawsuit against the accused in accordance to the law.accordance to the law.

• Article 21 Article 21 -Basic assistance: The basic assistance to the -Basic assistance: The basic assistance to the victims composes of: Shelter and food assistance; Legal victims composes of: Shelter and food assistance; Legal assistance; Medical assistance; Short term vocational assistance; Medical assistance; Short term vocational training assistance; Assistance in repatriation and others. training assistance; Assistance in repatriation and others.

• Article 23Article 23- Legal assistance: The victims have the right to - Legal assistance: The victims have the right to received legal assistance such as: counselling, legal advice, received legal assistance such as: counselling, legal advice, lawyer and other protection in defending the case free of lawyer and other protection in defending the case free of charge.charge.

Objectives Objectives

• To enhance access to justice To enhance access to justice

• To provide easy access to justice services to To provide easy access to justice services to the indigent , disadvantages and minority the indigent , disadvantages and minority groups groups

• To promote equality before the law To promote equality before the law

• To raise awareness of legal matters among To raise awareness of legal matters among general publicgeneral public

• Promote efficient justice delivery Promote efficient justice delivery

Implementing Implementing mechanisms mechanisms

- MOJ currently has established MOJ currently has established two legal aid centers in 2015 two legal aid centers in 2015 ( these centers are jointly ( these centers are jointly implemented by MOJ and implemented by MOJ and LBA .Are funded by UNDP and LBA .Are funded by UNDP and TAF.TAF.

- Law Faculty has the clinical legal Law Faculty has the clinical legal education program and works education program and works with law students / volunteers to with law students / volunteers to disseminate information and disseminate information and provide legal aid in rural areas.provide legal aid in rural areas.

- LBA has 3 offices and operated LBA has 3 offices and operated with the support of donors.with the support of donors.

- NGOs operate small scale legal NGOs operate small scale legal aid clinics in 6 villages in VTE aid clinics in 6 villages in VTE capital capital

Geographical location of legal Geographical location of legal aid centers aid centers

Sayabouly Province

Vientiane Capital

Champasuck Province

Oudomxay Province

Services provided by Services provided by legal aid offices legal aid offices

• Legal representation Legal representation

• Legal advise Legal advise

• Documentation support – drafting , notarial services Documentation support – drafting , notarial services

• Referrals Referrals

Type of cases Type of cases

- Civil cases - Family law , accidents and damages , Civil cases - Family law , accidents and damages , land disputes and others land disputes and others

- Petty criminal casesPetty criminal cases

Lao PDR – next steps Lao PDR – next steps for Legal aid for Legal aid

• A dedicated law for legal aid ( A decree on Legal A dedicated law for legal aid ( A decree on Legal aid )aid )

• Increase regional legal aid offices Increase regional legal aid offices

• Conduct mobile legal aid clinics in rural areas Conduct mobile legal aid clinics in rural areas

• Disseminate information using diverse tools : Disseminate information using diverse tools : drama , posters, leaflets , spot radio and drama , posters, leaflets , spot radio and community radio ( all these tools are now community radio ( all these tools are now complete) complete)

• Training for MOJ , lawyers and other relevant stake Training for MOJ , lawyers and other relevant stake holders on legal aidholders on legal aid

Challenges Challenges

• Sustainability of legal aid Sustainability of legal aid

• Lack of awareness on legal issues among Lack of awareness on legal issues among people – particularly in rural areaspeople – particularly in rural areas

• Cultural barriers Cultural barriers

• Low number of legal practitioners /lawyersLow number of legal practitioners /lawyers

• Difficulty in introducing pro-bono culture Difficulty in introducing pro-bono culture

• Volunteers working in this sector are not Volunteers working in this sector are not given any funds ( food and travel cost )given any funds ( food and travel cost )

Example of a Example of a legal aid Case legal aid Case

•Context – 53 year old resident from Ban Context – 53 year old resident from Ban Phonesavang complained of a land dispute to Phonesavang complained of a land dispute to the legal aid office of Xengkong Province.the legal aid office of Xengkong Province.

•The disputants belong to the same minority The disputants belong to the same minority group called the Hmong .group called the Hmong .

•The legal aid office took steps to advise and The legal aid office took steps to advise and provide support to prepare needed documents.provide support to prepare needed documents.

Thank you !Thank you !