Asia Division News Briefs
Cambodia
The ABA Rule of Law Initiative Joins EarthRights International in Skills Sharing Session
From February 12-14, the PILAP (Public Interest Legal Advocacy Project) team and selected other NGO staff participated in a skills sharing session with staff from EarthRights International (ERI). ERI is a Washington, D.C. and Chang Mai, Thailand-based international legal advocacy NGO most well known for its success in a case under the U.S. Alien Tort Claims Act against oil giant Unocal for its role in human rights abuses in Burma.
The training focused on specific tools that can be used in international legal advocacy, such as various international human rights instruments, the Alien Tort Claims Act, and accountability mechanisms of the World Bank and Asian Development Bank. There was also extended discussion about how to develop and present evidence, and how internal legal approaches can complement the advocacy work currently underway in Cambodia.
The skills sharing session is meant to be a first step in collaboration between ERI and the Cambodian Community Legal Education Center (in which PILAP is based). Already, several different follow up options are being discussed: further capacity building of Cambodian staff through the ongoing training programs ERI conducts in Chang Mai, joint support for public interest law firms in Cambodia, and joint conduct of a selected legal case with international dimensions.
China
ABA Sponsors Training Workshop Aimed at Protecting of Women’s Rights in China
On December 8-9, 2007, ABA and the Hunan Provincial Women’s Federation (HPWF) co-sponsored a Training Workshop on Social Gender and the Protection of Women’s Rights for a group of approximately 70 lawyers from Hunan Province, including 45 lawyers who are part of a network of pro bono attorneys recruited in the last year by the HPWF to take women’s rights cases. This workshop was the final programmatic event under the DRL grant awarded in the fall of 2005. Only two other tasks remain: (1) publication (date pending) of Prof. Chen Weidong’s book on second instance hearings in death penalty cases, and (2) an independent assessment of the ABA’s activities under the grant by Prof. Fu Hualing of the University of Hong Kong, due to be completed by March 31, 2008.
ABA Supports Training on Death Penalty Representation Guidelines in China
Upon the request of China Politics and Law University Law School, ABA supported Russell Stetler, U.S. National Mitigation Coordinator for the federal Death Penalty Defense Project and an experienced trainer on the ABA Death Penalty Representation Guidelines to participate in a national training for attorneys from public legal aid offices focusing on death penalty representation on January 12-15, 2008. Mr. Stetler was requested to introduce the ABA Death Penalty Representation Guidelines and to provide a model for the high standards with which Chinese legal aid staff lawyers should approach death penalty representation.
The ABA Rule of Law Initiative Completes Training Workshop on Resolving Environmental Disputes
On December 15, 2007, at the invitation of the Asian Environmental Compliance and Enforcement Network (AECEN), ABA organized a training workshop for State Environmental Protection Administration and local Environmental Protection Bureau officials on public participation in resolving environmental disputes, focusing on how to more effectively engage the public in the dispute resolution process, and ultimately how to make the process more transparent and fair. The training workshop was part of AECEN’s 2007 Regional Forum held in Beijing on December 13-15, 2007.
ABA ROLI Holds Training of Trainers Session on Distance Training Methodologies
On December 22-23, 2007, ABA and the ACLA Criminal Law Committee, in partnership with its criminal defense training base at Northwest Politics and Law University in Xi’an city, successfully held a Training of Trainers (TOT) on distance training methodologies for criminal defense skills. 20 lawyers, local lawyers’ association staff and legal aid representatives from eight western provinces participated in the training. Prof. Michael Perlin from New York Law School, who has pioneered the use of distance learning methods for legal skills training in the U.S., demonstrated best practices based on his extensive experience developing these methodologies in the U.S.
Nepal
Roundtable Discussions on Civic Education Sparks High Interest
Since December 1, 2007, six more civic education roundtable discussions have taken place, bringing the total number of roundtables to 11 (out of a planned 25). In each of the roundtables, participant interest was high; many even commented that the one-day allotted for the roundtable discussions was insufficient. Participants provided other useful feedback including the need for increased participation from women and disadvantaged minorities and a suggestion that the program specifically target schools, colleges and village development committees. Accordingly, the NBA has committed to holding future roundtables at local schools or colleges to include a larger student population. The NBA has also requested that district bars invite a greater proportion of women, disadvantaged minorities and lower caste individuals. Nearly all participants expressed they would share the information learned from the roundtable discussions with family and friends. Further, a vast majority of surveyed participants expressed a desire for additional seminars to be held post-election on constitutional matters. The remaining 14 roundtable discussions are all planned to occur before March 31, 2008.
16th Annual Women Lawyers Seminar Held in Butwal
On December 29-30, 2007, the NBA, with the support of the Norwegian Bar Association, the Canadian Bar Association and the ABA, held the 16th Annual Women Lawyers Seminar in Butwal, Nepal. The main topic of the seminar was “The Role of Women Lawyers in Transitional Period.” There were four papers presented on the following topics: (a) Remedies for women against violence in a conflict situation; (b) Effective participation of women in the peace process; (c) Professional capability and certainty of women lawyers; and (d) Effective execution of inclusion and the proportional system. Approximately 250 women legal professionals attended the seminar. The participants engaged in active discussions and ultimately produced an 11 Point Declaration of target goals as a result of this conference. The women lawyers designated a special committee to track implementation of these stated goals with the aim of achieving the goals before the next annual women lawyers’ seminar.
Philippines
Rules on Small Claims Court Projects Finalized in the Philippines
On March 3, 2008, the third meeting of the Small Claims Technical Working Group was held to finalize rules on Small Claims Court pilot projects. Participants included award-winning judges from the Regional and Metropolitan Trial Court level, the Supreme Court Office of Public Information, executive members of the Integrated Bar of the Philippines and the Philippine Judicial Academy.
ABA ROLI and IPB Publishes Annotation of the Code of Professional Responsibility
On December 14, 2007, ABA launched the publication of the Annotation of the Code of Professional Responsibility in collaboration with the national officers of the Integrated Bar of the Philippines (IBP). Approximately 120 people attended the launch, including IBP national officers and members of the Board of Governors, select Justices of the Sandiganbayan and the Court of Tax Appeals, the Chief Public Attorney, the Solicitor General and the President of the Philippine Bar Association. The welcoming remarks were given by ABA Philippines Country Director Scott Ciment and, after the formal handover, IBP President Feliciano Bautista spoke, underscoring the timeliness and importance of the project in light of the number of cases pending before the IBP Committee on Bar Discipline. After the speeches, law students from Far Eastern University presented a skit depicting a recent decision of the Supreme Court, in which a member of the profession was disbarred on grounds of immoral conduct unrelated to the practice of law.
ABA ROLI Completes Final Judge-to-Judge Session in the Philippines
On February 15, 2008, in cooperation with the Supreme Court of the Philippines and the Philippine Judicial Academy, ABA held the final in a series of judge-to-judge (J2J) dialogues focusing on practical skills for judges to use existing powers of the bench to enforce time limitations and encourage factual stipulations among litigants. A total of four J2Js were held throughout the country.
First Round of Gender Discrimination Seminars Held in Baguio City
On February 20-21, 2008, ABA, in coordination with the Philippine Judicial Academy and the Supreme Court Committee on Gender Responsiveness in the Judiciary, held the first in a series of seminars on Filipino laws in compliance with the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW) in Baguio City, Central Luzon. The seminar was focused on regional presentations of the Academy’s Training on Gender Sensitivity and CEDAW for Judges and Court Personnel. Future seminars will be held in March in Cebu City and in April in Davao City.
ABA ROLI Co-sponsors Discussions on Philippine Rule of Civil Procedure
On March 7, 2008, the third in a series of five roundtable discussions on Philippine Rule of Civil Procedure No. 65 was held among lawyers, judges and law professors concerning timeliness and subject matter limitations of interlocutory appeals that are generally considered to be abused by attorneys who file frivolous appeals designed solely to delay proceedings. The discussions included a presentation by Linda Jimeno, former President of Philippine Bar Association. The roundtable was co-sponsored by ABA, The Asia Foundation and the Rule of Law Effectiveness program (MSI).
Thailand
ABA ROLI and the UN Office on Drugs Organize Conference to Mark International Anti-Corruption Day
Along with the regional office of the United Nations Office on Drugs and Crime (UNODC), Thailand’s National Counter Corruption Commission and Mahidol University, the ABA co-organized a national conference to commemorate International Anti-Corruption Day on December 12, 2007. The event, which was attended by approximately 200 persons, included leaders from all branches of Thailand’s government, academia and the private sector, as well as representatives of the international community. ABA’s Regional Anti-Corruption Advisor (RACA) spoke on opportunities for government and business to partner in fighting corruption, and the ABA contributed a closing speaker, who specifically addressed the status of Thailand’s ratification of the U.N. Convention against Corruption.
ABA ROLI Co-hosts Seminar on Independence of the Judiciary
In late January 2008, the ABA ROLI co-hosted a three-day Judicial Ethics seminar on “Challenges for the Independence of the Judiciary and the Judicial Ethics Standards: A Comparison of the Thai, U.K. and U.S. Perspectives” in cooperation with the Thai Lawyers Council and the Thai Supreme Court in Bangkok. Guest speakers included Professor Thanin Kraivixien, Privy Counselor; Chief Justice Viruch Limvichai, President of the Supreme Court of Thailand; Sir Henry Brooke, executive Vice-President of the Commonwealth Magistrates’ and Judges’ Association; Judge J. Clifford Wallace, U.S. Court of Appeals for the Ninth Circuit; and Judge James Kingsley, former Chairperson, Michigan Judicial Tenure Commission. More than 250 Thai judges and more than 80 Thai lawyers and attended all or part of the seminar.
From the first above picture: From left, Mr. Andrew Boname, Regional Anti-Corruption Advisor of the American Bar Association, Judge James Kingsley, a former Chairperson, Michigan Judicial Tenure Commission, Prof. Thanin Kraivixien, Privy Councillor, Chief Justice Viruch Limvichai, President of the Supreme Court of Thailand, Judge Clifford Wallace, U.S. Court of Appeals, 9th Circuit and Sir Henry Brooke, executive Vice-President of the Commonwealth Magistrates' and Judges' Association.
The three guest speakers at the seminars on January 23, 24 and 25 including Sir Henry Brooke, executive Vice-President of the Commonwealth Magistrates' and Judges' Association; Judge Clifford Wallace, U.S. Court of Appeals, 9th Circuit and Judge James Kingsley, a former Chairperson, Michigan Judicial Tenure Commission.
RACA
RACA Moderates Seminar on Independence of the Judiciary
In late January 2008, the RACA served as Moderator at the ABA-NAS Program seminar on “Challenges for the Independence of the Judiciary Standards: A Comparison of U.K. and U.S. Perspective” arranged in cooperation with the Thai Lawyers Council, and held at Phoompairojpitthaya School (the Thai Lawyers Council’s school). The seminar was opened by welcoming remarks by Mr. Dej-Udom Krairit, the President of the Thai Lawyers Council. Speakers at the seminar included judges from the U.K. and the U.S. Sir Henry Brooke, the executive Vice-President of the Commonwealth Magistrates’ and Judges’ Association, traveled from Britain to participate. The U.S. judges included Judge Clifford Wallace of the U.S. Court of Appeals for the Ninth Circuit, an Asia Council member, and Judge James Kingsley, Michigan Circuit Court Judge for more than 25 years. All three have distinguished themselves by service on ethics committees and in promoting ethics enhancements in their respective courts. The audience consisted of approximately 80 lawyers, some serving on committees of the Thai Lawyers Ethics Commission. The event was aimed at raising the awareness of practicing attorneys regarding judicial ethics issues, and obtaining from these attorneys their views about current problems in the management of judicial ethics.
Regional Anti-Corruption Program Joins Commission in Movement to Protect Thailand's Tourism Industry
In late February 2008, the RACA initiated cooperation with Thailand’s National Counter-Corruption Commission (NCCC) on a program aimed at reducing bribe-seeking from tourists. As it is currently being developed, the program would include airport-based surveys of departing tourists, posters in police stations and government offices, a hotline for complaints and assistance, and increased training and accountability for the agencies most associated with seeking bribes from tourists. The program, which was triggered by an angry tourist’s letter to a Bangkok newspaper, has the objectives of protecting Thailand's tourism industry, reducing corruption in a particularly exposed sector, increasing the public’s respect for the work of the NCCC, and promoting the rule of law.
RACA Promotes Anti-corruption Measures as Key to Corporate Social Responsibility
On February 20, the RACA presented to the Corporate Social Responsibility (CSR) Committee of the Thailand American Chamber of Commerce on “Improving the Corruption Environment as a Form of CSR.” The presentation focused on why reducing corruption should be understood as part of CSR, and how enterprises can develop compliance programs that encourage associated businesses (e.g., suppliers) to adopt similar programs. There was also discussion of how enterprises can make the public aware of these efforts, thereby informing the “market” of the value the enterprises are adding. The RACA provided attendees with Anti-Corruption themed posters, and with Compact Discs containing compiled resource materials and a copy of the PowerPoint slide show used for the presentation. With these materials subsequently posted on the AmCham website (at www.amchamthailand.com/ACCT/asp/reports.asp?SponsorID=333, but accessible only to members), the impact of the event went beyond the dozen or so committee members that participated directly.
