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AICHR Thematic Study on Legal ASEAN Intergovernmental Commission on Human Rights (AICHR) Thematic Study on Legal Aid The Association of Southeast Asian Nations (ASEAN) was established on 8 August 1967. The Member States of the Association are Brunei Darussalam, Cambodia, Indonesia, Lao PDR, Malaysia, Myanmar, Philippines, Singapore, Thailand and Viet Nam. The ASEAN Secretariat is based in Jakarta, Indonesia. For inquiries, contact: The ASEAN Secretariat Community Relations Division (CRD) 70A Jalan Sisingamangaraja Jakarta 12110 Indonesia Phone: (62 21) 724-3372, 726-2991 Fax: (62 21) 739-8234, 724-3504 E-mail: [email protected] Catalogue-in-Publication Data ASEAN Intergovernmental Commission on Human Rights (AICHR) – Thematic Study on Legal Aid Jakarta: ASEAN Secretariat, July 2019 323.59 1. ASEAN - Human rights – Civil rights 2. Intergovernmental commission – Legal framework ISBN 978-602-5798-38-2 ASEAN: A Community of Opportunities for All The text of this publication may be freely quoted or reprinted, provided proper acknowledgement is given and a copy containing the reprinted material is sent to the Community Relations Division (CRD) of the ASEAN Secretariat, Jakarta General information on ASEAN appears online at the ASEAN Website: www.asean.org Copyright Association of Southeast Asian Nations (ASEAN) 2019. All rights reserved. Table of Contents ACRONYMS vi LIST OF TABLES x LIST OF FIGURES x FOREWORD xi INTRODUCTION xii LIST OF RESEARCHERS xvii REGIONAL INTRODUCTION 1 ISSUES OF LEGAL AID SERVICES IN THE ASEAN COUNTRIES 15 REGIONAL FINDINGS (ANALYSIS) 22 BRUNEI DARUSSALAM 27 CAMBODIA 35 INDONESIA 54 LAO PDR 68 MALAYSIA 79 MYANMAR 104 PHILIPPINES 110 SINGAPORE 122 THAILAND 144 VIET NAM 156 ADDITIONAL RECOMMENDATIONS FOR ASEAN ON LEGAL AID 177 ACRONYMS AA Appropriate Adult AAM Asylum Access Malaysia ABIM Angkatan Belia Islam Malaysia Muslim Youth Movement of Malaysia ACMI Archdiocesan Commission for the Pastoral Care of Migrants and Itinerant People ADHOC Cambodian Human Rights and Development Association ADR Alternative Dispute Resolution (Indonesia) ADWLE Association for Development of Women and Legal Education (Lao PDR) AEC ASEAN Economic Community AHRD ASEAN Human Rights Declaration AICHR ASEAN Intergovernmental Commission on Human Rights AIM SWAT Agape International Mission ALG Alternative Law Groups AMS ASEAN Member States APHR ASEAN Parliamentarians for Human Rights APLE Action Pour Les Enfants ASEAN Association of Southeast Asian Nations AWAM All Women’s Action Society BAKC Bar Association of the Kingdom of Cambodia BPHN National Legal Harmonization Body (Indonesia) CCHR Cambodian Center for Human Rights CCM Companies Commission of Malaysia CDC Community Development Council CDP Cambodian Defender Project CDRC Commune Dispute Resolution Committee (Cambodia) CED Convention for the Protection of All Persons from Enforced Disappearance CEDAW Convention on the Elimination of all Forms of Discrimination Against Women CHRC Cambodian Human Rights Committee CJC Community Justice Centre (Singapore) CLAS Criminal Legal Aid Scheme (Singapore) CLEC Community Legal Education of Cambodia CLG Catholic Lawyer’s Guild (Singapore) CMC Community Mediation Centre COLGIS College of Law, Government and International Studies, Northern University of Malaysia CPCC Capital and Provincial Cadastral Commission (Cambodia) CPF Central Provident Fund CRC Convention on the Rights of the Child CrCF Cross Cultural Foundation CSO Civil society organization CSR Corporate social responsibility CRPD Convention on the Rights of Persons with Disabilities CWCC Cambodia Women Crisis Center DOJ Department of Justice DSSA Divorce Support Specialist Agencies vi ASEAN Intergovernmental Commission on Human Rights (AICHR) DK Democratic Kampuchea ECCC Extraordinary Chambers in the Courts of Cambodia ECT Employment Court Tribunals EEZ Exclusive Economic Zone EGPS Enhanced Guidance for Plea Scheme EU European Union FAST Foreign Domestic Worker Association of or Social Support and Training (Singapore) FIDReC Financial Industry Disputes Resolution Centre Ltd. FLAG Free Legal Assistance Group FLIP Friends of Litigants-in-Person FOMCA Federation of Malaysia Consumer Associations GDP Gross domestic product HDB Housing and Development Board (Singapore) HEI Health Equity Initiatives HELP Helping to Empower Litigants in Person HOME Humanitarian Organisation for Migration Economics IBJ International Bridge of Justice IBP Integrated Bar of the Philippines IRR Implementing Rules and Regulations ICCPR International Covenant on Civil and Political Rights ICERD International Convention on the Elimination of All Forms of Racial Discrimination ICESCR International Covenant on Economic, Social and Cultural Rights IIUM International Islamic University Malaysia IPC Institution of Public Character JERIT Jaringan Rakyat Tertindas Oppressed People Network (Malaysia) JOAS Jaringan Orang Asal Semalaysia The Indigenous Peoples Network of Malaysia KUHAP Kitab Undang-Undang Hukum Acara Pidana Criminal procedure code (Indonesia) LAA Legal Aid Act (Malaysia) LAB Legal Aid Bureau (Philippines) LAC Legal Aid of Cambodia LAC Legal Aid Centre (Malaysia) LAD Legal Aid Department (Malaysia) LASCO Legal Assistance Scheme for Capital Offences (Singapore) LAW Law Awareness Week LBA Lao Bar Association LBH Legal Aid Institute (Indonesia) LICADHO Cambodian League for the Promotion and Defense of Human Rights LINKS Legal Information and Knowledge Services LIP Litigants-in-person LFTU Lao Federation of Trade Unions LPRP Lao People’s Revolutionary Party Thematic Study on Legal Aid vii LSCW Legal Support for Children and Women (Cambodia) LSM Legal Sector Master Man (Lao PDR) LSPBS Law Society Pro Bono Services Limited (Singapore) LSPBSO Law Society Pro Bono Services Limited Office LWM Lao Women’s Union MAC Muslim Attorney Center Foundation MCCHR Malaysian Centre for Constitutionalism and Human Rights MDKCC Municipal/District/Khan Cadastral Commission (Cambodia) MDG Millennium Development Goals MINDS Movement for the Intellectually Disabled of Singapore MKM Brunei Council on Social Welfare MOM Ministry of Manpower MOU Memorandum of Understanding MTUC Malaysian Trade Union Council MWC Migrant Workers’ Centre NAC National Arbitration Center (Cambodia) NCC National Cadastral Commission NCSS National Council of Social Services NGO Non-governmental organization NIMA Non-injury motor accident NLAF Legal Aid Foundation (Malaysia) NPA Non-Profit Association NPS National Prosecution Service NSEDP National Social-Economic Development Plan of Lao PDR NSI North South Initiative NTUC National Trades Union Congress NUS National University of Singapore OSLAS On-Site Legal Advice Scheme PACOS Partnership of Community Organisations, Sabah PAO Public Attorneys Office PAP People’s Action Party PAVE Centre for Promoting Alternatives to Violence PDRM Royal Malaysia Police PERARDI Perhimpunan Advokat Indonesia Indonesian Bar Association PPIM Pertubuhan Pengguna Islam Malaysia Islamic Consumer Organisation PPP Purchasing Power Parity PWID Person with intellectual or mental disability P2TP2A Pusat Pelayanan Terpadu Pemberdayaan Perempuan dan Anak The Center of Integrated Service for Women and Children Empowerment RA Republic Act (Philippines) RGC Royal Government of Cambodia RLPD Rights and Liberties of the Protection Department viii ASEAN Intergovernmental Commission on Human Rights (AICHR) RPP Rancang Peraturan Pemerintah Government regulation (Indonesia) SDG Sustainable Development Goals SIGAB Sasana Inklusi & Gerakan Advokasi Difabel Institute for Inclusion and Advocacy of Persons with Disabilities SILE Singapore Institute of Legal Education SIS Sisters in Islam SISHA Anti-Human Trafficking and Exploitation SMU Singapore Management University SNEF Singapore National Employers Federation SPLSMP Support Project to the Implementation of the Legal Sector Master Plan (Lao PDR) SUARAM Suara Rakyat Malaysia SUSS Singapore University of Social Sciences TADM Tripartite Alliance for Dispute Management UDHR Universal Declaration of Human Rights UKM National University of Malaysia UM University Malaya UN United Nations UNHRC United Nations Human Rights Council UNICEF United Nations Children’s Fund UNTAC United Nations Transitional Authority in Cambodia UPR Universal Periodic Review USAID United States Agency for International Development USIM Science Islamic University Malaysia UU KDRT Undang-Undang Anti Kekerasan Dalam Rumah Tangga Law on Elimination of Domestic Violence (Indonesia) UUM Universiti Utara Malaysia Northern University of Malaysia VMU Village Mediation Unit (Lao PDR) VOC Voice of the Children WAO Women’s Aid Organisation WTO World Trade Organization YLBHI Yayasan Lembaga Bantuan Hukum Indonesia Indonesia Legal Aid Foundation Thematic Study on Legal Aid ix LIST OF TABLES Table 1: The Good Practices of Legal Aid in ASEAN 15 Table 2: Statistics of Legal Aid for Capital Cases 30 Table 3: Statistics of cases received by MKM 33 Table 4: The number of judges and prosecutors in the whole country 39 Table 5: Criminal cases resolved by municipal/provincial courts from 2012 to 2016 41 Table 6: Civil cases resolved by municipal/provincial courts from 2012 to 2016 41 Table 7: Criminal complaints resolution of the Ministry of Justice from 2012 to 2016 44 Table 8: Civil complaints resolution of the Ministry of Justice from 2012 to 2016 44 Table 9: The number of lawyers in the whole country 47 Table 10: Ratified international human rights treaties in Indonesia 55 Table 11: Possible forms of Legal Aid 58 Table 12: Beneficiaries of Legal Aid 58 Table 13: Best Practices
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