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Rule of Law Initiative Programs - China

Criminal Law & Trafficking Programs

Criminal Defense Program

Criminal Defense Program, China

In 2003-2004, the Asia Division hosted two high profile forums in partnership with the All China Lawyers Association (ACLA), Renmin People’s University, and New York University (NYU) Law School, to draw policymakers’ attention to professional consensus on problems preventing defense lawyers from fulfilling their role in the criminal justice system.

Criminal Defense Program, China

Since 2005, the Asia Division, in collaboration with ABA’s Death Penalty Representation Project and with NYU, has supported a series of multi-stakeholder workshops and related research to support fundamental reforms initiated by the Supreme People’s Court regarding the trial and appellate processes for capital cases within the criminal justice system. The Asia Division is also providing ongoing assistance to the criminal defense bar to develop Guidelines information resources to improve the quality of representation in death penalty cases.

For more information, please contact Xie Gang, <xieg@staff.abanet.org>.

Gender Issues

Women’s Rights

In September 2005, the Asia Division convened a workshop in partnership with the Sichuan Lawyers' Association and the China Network for Combating Domestic Violence, on public interest litigation and protection of women's rights. Participants included Chinese lawyers, officials from China’s quasi-governmental Women's Federations, Sichuan Bar Association leadership, and provincial and local Justice Department leadership and legal aid centers, and came largely from Chengdu and the southwest provinces of China. Sarah Buel, Clinical Professor at the University of Texas Law School and a leading U.S. women’s rights attorney, provided a comparative perspective as she shared her experiences and expertise, including insight into the U.S. development of the “battered woman syndrome” as a criminal defense. The workshop focused on specific legal issues in women's rights in China, and introduced and explored the concept of public interest lawyering, both generally and as it relates to women's rights protection in particular. Through discussions of concrete ways to begin to overcome obstacles to public interest representation in China, workshop participants improved their knowledge of legal and skills as women’s rights lawyers and as policy reform advocates.

Women’s Rights

Following the 2005 women’s rights advocacy training workshop in Chengdu, in Spring 2006 the Asia Division initiated a follow-on project providing technical assistance in implementing China’s new workplace sexual harassment law. This included the recruitment of a U.S. employment discrimination law expert to participate in workshops organized by the Anti-Domestic Violence Network of the China Law Society, and the development of a checklist of issues to be addressed by implementing legislation or regulations. This checklist was published in a major women’s journal and distributed to relevant government and China Women’s Federation officials and advocates. In January 2007, the Asia Division assisted with the creation of a model workplace sexual harassment protection policy and a model judicial interpretation of China's sexual harassment litigation rule.

For more information, please contact Xie Gang, <xieg@staff.abanet.org>

Human Rights & Conflict Mitigation

Citizens’ Rights Advocacy

Over the past several years, the Asia Division has broadened its work in China to focus on building Chinese capacity to advocate for citizens’ rights more generally. The Asia Division is working with local partners to identify and begin to address legislative, structural, organizational, financial, and other barriers to effective broad-based advocacy in a variety of substantive areas. In practical terms, this means working to strengthen the Chinese bar, so that it is able to effectively fulfill its critical role as an advocate for citizens’ rights and the rule of law. To that end, the Asia Division is working with the All China Lawyers Association (ACLA), local bar associations, non-governmental organizations, law schools, and legal aid providers to support the development of public interest litigation and to identify and seek solutions to existing impediments to pro bono legal work.

In December 2006, ABA President Karen Mathis signed a Memorandum of Understanding with the All China Lawyers Association. The MOU memorializes ABA’s and ACLA’s commitment to working in partnership on joint projects.

Citizens’ Rights Advocacy

In October 2005, ABA and ACLA co-sponsored a follow-on high-level “International Forum on Public Interest Litigation, Human Rights Protection, and Harmonious Society” in Suzhou. Capitalizing on the momentum generated by the November 2004 program, the executive leadership of ACLA and ABA and experienced American public interest litigators joined over 100 Chinese lawyers committed to developing the field of public interest litigation, including China’s most prominent NGO- and law school-based public interest lawyers, to frankly discuss the current state of public interest advocacy in China, how it is impacted by the current political environment, and its future development. Participants included, from the U.S., ABA’s President Michael Greco, Chair Laura Stein and Director Lisa Dickieson, and experienced public interest litigator Paul Levy from Public Citizen’s Group; and, from China, such prominent public interest lawyers as Wu Ge, Guo Jianmei, Wang Canfa, and Xu Zhiyong.

In November 2004, the Asia Division and ACLA jointly held an “International Symposium on Constitutional Law and Lawyering” in Beijing. The conference gathered high-level American and Chinese lawyers, government officials, judges, legal profession leaders, legal educators, and domestic and international assistance providers to discuss the mission of the legal profession in public interest advocacy and legal aid, and to identify and examine obstacles to the protection of citizens’ rights through public interest litigation. Experts from the U.S. joining the program included ABA President Robert Grey, former U.S. Attorney General Benjamin Civiletti, and U.S. Court of Appeals for the D.C. Circuit Judge Judith Rogers. The conference also formally announced the formation of ACLA’s new Constitution and Human Rights Committee, and formally marked ACLA’s commitment – following on the 2004 amendment to China’s Constitution, that for the first time provides for the protection for human rights – to promoting the work of the bar in protecting Constitutionally-guaranteed human rights.

Children’s Rights

ABA-ACLA conference on Youth at Risk

In January 2006, the Asia Division partnered with the Juvenile Rights Protection Committee of the All China Lawyers Association (ACLA), with support from the Fujian Provincial Lawyers Association and the Fujian Bureau of Justice, to convene a workshop on “Lawyers’ Participation in Juvenile Rights Protection” in Xiamen. Topics addressed included methods for promoting lawyers’ participation in juvenile rights protection; building support and consultation networks for increased pro bono representation; issues and considerations particular to juvenile justice cases; and techniques such as collective litigation for advocating on behalf of children’s rights. Howard Davidson, Director of the ABA Center on Children and the Law, traveled to China to share insights and expertise and provide a comparative perspective.

In December 2006, ABA President Karen Mathis and Asia Division Council Chair Laura Stein participated in a joint ABA-ACLA conference on Youth at Risk, which also utilized the expertise of 3 representatives from the ABA Center on Children and the Law. The conference aimed to popularize the changing approaches to children’s protection and juvenile justice, help children’s lawyers improve their professional skills, strengthen a growing nationwide network of volunteer legal professionals, and encourage bar associations at the national and provincial levels to provide increased financial support and personnel training for juvenile rights protection.

Migrant Workers’ Rights

Attendees of workshop on Migrant Workers’ Rights

In June 2006, the Asia Division partnered with the Beijing Migrant Workers’ Legal Aid Center to convene a national workshop on migrant legal aid and the role of the bar. Following the workshop, local bar associations in six provinces or administrative districts – Henan, Shandong, Chongqing, Hunan, Fujian and Tianjin – started professional legal aid centers specializing in migrant legal aid and sponsored by local bar associations. Also in 2006, the Asia Division supported a pilot project in Shenzhen to train former migrant workers to be lay-advocates providing legal information to injured migrant workers and acting as a bridge between injured workers and pro bono legal assistance to file court claims. As part of this pilot project, the Asia Division’s local NGO partner, Xiao Xiao Niao (“Little Bird”), created a handbook explaining the relevant law and process for pursuing workplace injury claims in Shenzhen. Finally, since 2005, the Asia Division has been working with the China Association for NGO Cooperation (CANGO) to enhance public participation in urban governance in China, with a particular focus on policies affecting the integration of migrant workers into Chinese cities. Through this joint project, the Asia Division and CANGO have introduced new participatory methodologies for community and multi-stakeholder dialogue. As of June 2007, the Asia Division has sponsored two national-level trainings, which have led to over six local follow-on community dialogues in Nanjing, Chongqing, and Beijing.

Citizen’s Rights in Property Ownership

Working with Beijing University’s Center for Real Estate Law, local lawyers’ associations, and government property management bureaus , and with funding from the Reaume Foundation and the U.S.-China Legal Cooperation Fund, in 2004 and 2005, the Asia Division convened a series of workshops on property law and real estate practice. The focus of the workshops included:

ownership rights and obligations, due diligence, and administrative and judicial remedies;
advocacy and defense of property rights in urban redevelopment disputes; and
the role of community housing associations in property management.

For more information, please contact Xie Gang, <xieg@staff.abanet.org>

Legal Education Reform

Effective Mechanisms for Legal Aid and Public Education on the Law

The Asia Division’s work in support of legal aid in China, with support from the ABA’s Standing Committee on Legal Aid and Indigent Defendants and the Division for Legal Services, was initiated with a joint symposium in Beijing, in June 2000, on legal aid systems in the U.S. and China. Participants included representatives of China’s National Legal Aid Center, directors of 15 provincial and municipal legal aid centers, law professors and students, government officials, and representatives of leading non-governmental organizations. In Fall 2002, the Asia Division implemented a program under which a delegation of Chinese legal aid practitioners traveled to the U.S. for practically-oriented training on operating a legal aid center. Following up on this U.S. training, in 2003 the Asia Division convened a workshop in Xi’an for a larger audience of Chinese legal aid practitioners.

The Asia Division's program achieved significant success in western Shaanxi Province in providing legal aid using all four elements of the emerging mixed system -- government, NGOs, law school clinics, and private attorneys -- and in advising Shaanxi migrant workers about labor contracts and their right to receive free legal aid. In early 2004, The Asia Division again partnered with China’s National Legal Aid Center to conduct a capacity-building workshop in Xi’an on the critical role that non-governmental providers of legal aid play in assisting vulnerable groups, and on the need to form linkages between governmental legal aid centers, NGOs, and law school legal aid clinics. As a follow up, the Asia Division helped the Shaanxi Legal Aid Center (LAC), the chief of eleven such government offices in larger cities all over Shaanxi, to publish and distribute a "Know Your Rights" brochure. The text, which received substantial input and revision from the four NGO legal aid providers in Xi'an, was printed in 53,000 copies and distributed in May to community centers in rural areas throughout Shaanxi Province. In addition, the local Xi'an Evening News ran an interview with the Director of the Shaanxi LAC and republished the list of all fifteen centers, with telephone numbers. Anecdotal evidence has indicated a substantial response: the four NGO legal aid centers report notable increases in the number of migrant workers seeking legal advice for infringement of their labor rights, one of the government centers received so many calls that it has converted that telephone number to a hotline, and the Xi'an Evening News has given its staff copies of the brochure so they may refer callers to the nearest legal aid center.

For more information, please contact Xie Gang, <xieg@staff.abanet.org>

Other Programs

Environmental Governance Program

February 2006 U.S. China Environmental Governance and Public Participation Training Program, Kunming, China

In early 2002, the Asia Division began to implement an environmental governance program in China. Working in partnership with China’s State Environmental Protection Agency, the Asia Division convened a series of training workshops for city and provincial Environmental Protection Bureaus (EPBs) and environmental stakeholders, highlighting and applying rule of law themes such as access to information, governmental transparency, public participation, official accountability and the role of non-governmental organizations in civil society. The Asia Division then supported a number of pilot projects developed by workshop participants following the training programs. Examples of successful follow-on projects include:

The Asia Division provided technical assistance to Shenyang to draft and implement groundbreaking new environmental public participation regulatory measures. The Asia Division provided examples of laws and regulations on public participation and access to information; assisted the Shenyang EPB to undertake, for the first time, a transparent public process for soliciting and responding to public comment on the language of the public participation measures themselves; and brought Chinese and international experts to Shenyang to provide drafting advice aimed at improving initial drafts of the provisions and addressing issues of conformity with national laws. These Shenyang measures—still cited by Chinese officials as the first and best example of local government regulations on implementing environmental public participation rights—became municipal law in December 2005.
The Asia Division assisted the Urumqi EPB develop plans and capacity for holding public hearings, including conducting outreach to affected minority groups and training and education for the public and for EPB officials and staff. As a first step, the Asia Division created “Model Guidelines for Preparing for and Implementing U.S. Environmental Public Hearings,” with a U.S. public hearing case study. In August 2005, the Asia Division partnered with the Urumqi EPB to hold a training program and mock hearing under the Model Guidelines as adopted to China’s circumstances.
The Asia Division supported development of linked environmental websites and call-in legal radio programs, to increase public awareness of environmental rights and provide a source of public feedback to regulators. The Asia Division provided seed money to the Wuhan EPB for the project and assisted a local NGO to obtain a U.S. Embassy small grant for a complementary project. The Asia Division continues to work to support coordinated efforts between government and NGO sectors.

February 2006 U.S. China Environmental Governance and Public Participation Training Program, Kunming, China

In December 2004, the Asia Division co-sponsored an “International Symposium on Public Participation in Environmental Protection” in Shenyang, which served as a capstone national conference and “training of trainers” program, to highlight and promote good governance principles as well as to directly expose individuals to concrete tools that have been developed.

In 2007-2008, the Asia Division will implement a U.S.-China environmental governance exchange program that will bring local Chinese environmental officials, lawyers, and NGO partners to the U.S. for six-week internships at federal and state environmental protection agencies and NGOs. The program will focus on providing hands-on exposure to public participation in action in environmental protection in the United States. These Chinese participants and their colleagues at the U.S. host organizations will, in turn, through web blogs and a national workshop in China, disseminate throughout China the tools and lessons learned through the exchange.

Environmental Public Interest Litigation

The Asia Division has been providing support to build the capacity of the environmental bar in China since 2002. In addition to convening numerous training workshops and roundtables co-sponsored by ACLA’s Environment and Natural Resources Committee, focused on environmental litigation skills, the Asia Division also partnered with with the Center for Legal Assistance to Pollution Victims (CLAPV) and the National Judges College for intensive training on environmental public interest litigation. Participants in the various programs have been drawn from a nationwide group of lawyers and judges, including the leading environmental advocates in China. The programs’ practical focus is on how to use existing procedural tools under Chinese law to develop successful advocacy strategies, including, but not limited to, litigation, media coverage, policy adoption and implementation, and public participation, for better enforcement of environmental laws. Patti Goldman, Managing Attorney of the Seattle office of Earthjustice, an American non-profit public interest law firm dedicated to protecting the environment and to defending the right of all people to a healthy environment, has provided ongoing expertise and comparative insight into U.S. experiences developing and applying public interest litigation tools to protect the environment.

For more information, please contact Xie Gang, <xieg@staff.abanet.org>.