Annual Report January 2015to 31 December2015
Submitted to The Planet Wheeler Foundation By Legal Aid of Cambodia
Reporter: Mr. Run Saray, Executive Director Phone: (855-23) 864201 Mobile: (855-12) 838 341 FAX: Email: [email protected]
# 39, St. 516, ToulSangke, RusseyKeo, and PhnomPenh, Cambodia (P.O. Box: 1607)
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TABLE OF CONTENTS
ACKNOWLEDGEMENT 3
ABOUT LEGAL AID OF CAMBODIA (LAC) 4
VISION AND MISSION STATEMENT 5
GENERAL LEGAL AID PROGRAM 6
PROGRAM GOALS 7
PROJECTS OPERATING WITHIN THE GENERAL LEGAL AID PROGRAM 7
A) JUSTICE FOR THE POOREST PEOPLE 8 B) PROJECT OF KHMER ROUGE CIVIL PARTY 10 C) PROJECT OF BUILDING CAPACITY OF CSO PARTNER AND COMMUNITY MEMBERS 11
LAND LAW AND NATURAL RESOURCES PROGRAM 14
PROGRAM GOALS 14
PROJECTS OPERATING WITHIN THE LAND LAW PROGRAM 14
A) PROJECT TO ASSIST POOR COMMUNITIES IN PHNOM PENH TO OBTAIN BENEFICIAL RESOLUTIONS OF URBAN POOR LAND TENURE SITUATION 15 B) PROJECT OF EMPOWERMENT OF CIVIL SOCIETY ADVOCATING FOR RIGHTS OF UBAN POOR (CISUP)
CHILD JUSTICE PROGRAM 21
PROGRAM GOALS 21
PROJECTS OPERATING WITHIN THE CHILD JUSTICE PROGRAM 22
A) PROJECT OF PROMOTING CHILD FRIENDLY COMMUNITY THROUGH THE DEVELOPMENT OF A NATIONAL CHILD PROTECTION SYSTEM IN CAMBODIA 22
B) JUSTICE FOR CHILDREN 25
WOMEN’S JUSTICE PROGRAM 27
PROGRAM GOALS 27
PROJECTS OPERATING WITHIN THE WOMEN’S JUSTICE PROGRAM 28
A) PROJECT OF ACCESS TO JUSTICE FOR WOMEN 28
B) PROJECT FOR ENHANCING THE RIGHTS OF WOMEN AND CHILDREN (ERWC) 30
LAC LEGAL AID SERVICES 34 LIST OF LAC CURRENT DONORS FUNDING FOR YEAR 2015 37 ANNEXES
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ACKNOWLEDGMENT
We are writing to express our deepest thanks to The Planet Wheeler Foundation for kindly providing Legal Aid of Cambodiagrants to the amount of $850,000 for 2013; 85,000 USD for 2014 and 50,000USD for 2015. The total grant is 175,000 USD for the period of three years.
The financial support received from The Planet Wheeler Foundation has enabled Legal Aid of Cambodia to continue its mission in providing quality legal aid services to the poor and has played a key role in the successesof our programs this year. In addition to the provision of legal aid, this grant has also strengthened LAC’s ability to advocate for legal and judicial reform, which has led to greater improvements in access to justice and rule of law in Cambodia.
It is impossible to fully express our gratitude to The Planet Wheeler Foundation for their support and loyalty. It is our hope that our continued partnerships will lead to further successes and achievements.
Sincerely,
Mr. Saray, RUN Executive Director Legal Aid of Cambodia
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Organizational Information
Name: Legal Aid of Cambodia (‘LAC’)
Address: # 39, St. 516, ToulSangke, RusseyKeo, PhnomPenh, Cambodia (P.O. Box:1607)
Authorized contact person: Mr. Run Saray
Position: Executive Director
Work telephone: (855-23) 864201; Mobile (855-12) 838 341
Email: [email protected]
About Legal Aid of Cambodia (LAC)
Founded in 1995, LAC is currently the largest non-governmental legal aid organization operating in Cambodia. It employs 66 staff members, 19 of whom are lawyers, and takes on over 500cases a year. LAC is the only legal aid organization to maintain a significant and permanent presence in rural areas, where 80% of Cambodia’s poorest population resides.
The Legal Aid of Cambodia project promotes its vision for a just and fair Cambodian society by ensuring the poor and vulnerable are given access to legal aid and are made aware of their rights. LAC’s work is founded on the belief that the vast majority of Cambodia’s poor who are involved in legal disputes are victims ofboth a fundamental socio-economic inequality within the Cambodian legal system, and a lack of law enforcement, that often results in systemic human right abuses. Law enforcement officials often ignore the law and arrest people without incriminating evidence or arrest warrants, while prosecutors and judges regularly violate procedural safeguards and the basic rights of both the defendant and the victim. This phenomenon is largely due to widespread corruption throughout the legal system, and a lack of an independent judiciary.
Another significant problem affecting the justice system is the legal profession’s lack of presence thematically within the social justice sector and geographically within rural communities. Most lawyers in Cambodia practice law in the private sector in urban areas. Very few lawyers choose to practice in remote areas or for non-governmental organizations, which makes it difficult for indigent Cambodians to have access to legal aid and a fair justice system. LAC’s mission is to provide free, quality legal services for Cambodia’s poor in both criminal and civil cases.
Currently LAC maintains offices in Phnom Penh, and inthe provinces of Battambang, Siem Reap, and Kampong Thom, and satellite offices in the provinces of Pailin, Prey Veng, SvayRieng, and ThmongKhmum.
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OurVision And Mission Statement
Legal Aid of Cambodia (LAC) envisions a just and fair Cambodian society, where everyone enjoys equal rights before the law. LAC’s mission is to provide quality legal aid and human rights education to the poor peopleof Cambodia. With a commitment to entrench the rule of law within the Cambodian legal systemLACensuresaccess to justice, promotes respect for the law and human rights andseeks legal and judicial reforms where appropriate.
LAC Vision and Mission
LAC believes that: 1. Justice comes from respect of law. 2. Delivering quality legal services contributes to the rule of law. 3. Good governance gains greater trust from relevant stakeholders. 4. Through staff commitment, LAC can prove its solidarity to the poor.
Mission
Provide quality legal aid, Vision legal and human rights education / outreach and A just and fair advocate for the poor in Cambodian society, Cambodia in order to where everyone ensure access to justice, enjoys equal rights promote respect of law, before the law. human rights and advance legal and judicial reform.
OUR STRATEGIC OBJECTIVES
Strategic Objectives
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Our Program Activities LAC program’s activities focus primarily on education, legal representation, and advocacy. The education program focuseson educating youth and community members in the target regions about their rights, both within and outside detention. The LAC program also continues to provide legal representation to indigent parties to ensure they do not suffer from prolonged or unlawful detention, are not mistreated whilst in detention, and receive fair and expedient access to appeals. The LAC program also advocates judicial reforms in the target regions through workshop discussions amongst legal representatives and judges in order to identify concerns about the criminal justice system. These concerns may then be used to propose meaningful judicial reforms to the government for courts in the target regions.
Under LAC’s Strategic Plan 2012-2016, focus has been on four main programs: • General Legal Aid Program; • Land Law and Natural Resources Program; • Child Justice Program; and • Women Justice Program.
1. General Legal Aid Program
LAC continues to play a significant role in fostering the rule of law in Cambodia, primarily through casework, but also by lobbying for law reform, advocacy on human rights, and legal training for members of the legal profession and community as a whole. LAC strongly defends the poor and most vulnerable in Cambodia and provides pro bono legal assistance. LAC commits to building the capacity of its lawyers and staff to better improve the quality of our legal work and our knowledge of law in the rapidly evolving Cambodian legal system. It is hoped that our legal representation of disempowered members of society such as the poor and vulnerable, LAC will make an important contribution to improving Cambodian society and to ensure a future peace and harmony in a country that has suffered significantly in the past.
Currently, many individuals that come under purviewof the Criminallawsof Cambodia are not offered a fair trial. Often those arrested are unlawfully thrown into pre-trial detention centers. Once taken into custody, many are simply sentenced to jail by judges without a full and fair trial or determination of guilt. They suffer from unlawful pre-trial detention procedures, prolonged detentions, unlawful detention conditions, and are denied many of their rights especially relating to due process. Additionally, many before the courts lack access to legal counsel to ensure they do not suffer similar violations. Individuals that have suffered a violation of these basic civil libertiesand those without access to legal counsel at risk of similar violations are the target group of thisprogram.
The Cambodian, court system, local authorities, and society stand to improve as beneficiaries of this action. Many of Cambodia’s poor and vulnerable are victims of crimes committed by the rich or powerful persons, often within the governing Cambodian People’sParty (‘CPP’). Such unrepresented individuals are then accused of crimes, which they did not commit, or are maliciously criminalized and
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punished by courts that are corrupt and lack independence. As a result, the innocent are punished and real perpetrators act with complete impunity.
In light of the overwhelming number of pending appeals and slow judicial process, in many cases the Cambodian court system stands to improve through representation and reforms. The only court of Appeal in Cambodia is located in Phnom Penh and appealing parties are required to be present for their hearing, making it difficult, and often impossible, for detained rural community members to appeal their imprisonment due to a lack of transportation. Those that are offered transportation from the provinces to their hearings are often denied a return trip to their detention facilities or are required to pay hundreds of dollars for the service, effectively preventing their ability to appeal an unlawful detention.
Furthermore, most hearings at the appeal court are conducted without the presence of accused, violating the accused person’s basic right to confrontation of witnesses under Article 14 of International Covenant on Political and Civil Rights (1966) and due process rights under the Code of Criminal Procedure .LAC seeks to provide the broadest coverage of legal aid to those who cannot afford it. However delays in existing cases and the ever increasing caseload highlights the severe need for increased funding to legal aid programs.
Program’s Goals
1. Ensure under privileged have access to justice by providing quality legal aid services including advocacy, and by identifying and raising issues of access to justice for all. 2. Promote human rights and the rule of law by educating communities, and training law enforcement officers and those involved in court and legal administration as to legal and judicial procedures. 3. Provide support to formal legal education programs. 4. Improve the Cambodian legal system through advocacy and the empowerment of the underprivileged to enable them to exercise their rights.
In order to achieve these goals, LAC, firstly, provides free, quality legal representation and consultation to detained parties. LAC assesses the needs of each client and provides representation, where necessary during litigation, for appeals of unlawful pre-trial detention procedures, for appeals of erroneous decisions and for challenges against unlawful detention conditions.
Secondly, LAC advocates for reforms to the appeals process and court system. Given the current deficiencies in the appeals process, LAC seeks to stimulate changes to ensure that all parties have a fair opportunity to appeal decisions.
Thirdly, LAC interviews detained parties. By interviewing detained parties LAC effectively uncovers unlawful detention procedures and over-detentions that clients may otherwise suffer without the resources to appeal.
Fourthly, LAC helps unlawfully detained parties appeal their sentences. In the past LAC staff member shave successfully advocated for the release of those over-detained by maintaining contact with the court and advocating the release of clients. For instance, in the case of the unlawful detention of a woman in Batteay Meanchey provincial court. A woman was detained for more than one year without Page 7 of 58
any document from court. The LAC lawyer met her and talked to the court but the court did not take any action, then LAC reported it to the newspaper. Three days later she was released.
And finally, LAC educates community members on the rights of parties. By training community members and local authorities regarding the rights of parties in the judicial process LAC better ensures that the rights of individuals are protected by fellow members of the community and are less prone to violations by local authorities.
Projects Operating within the General Legal Aid Program
LAC’s General Legal Aid program aims at improving the Cambodian court system by ensuring justice for all parties before the courts.
LAC’s General Legal Aid program provides legal representation free of charge to Cambodia’s poor wherever need arises and resources permit. Specialist projects are also housed with the General Legal Aid program including the Legal Aid for Civil Party at Extraordinary Chambers in the Courts of Cambodia (‘ECCC’) project which has been in existence since 2008 and ensures the effective representation of x Civil Parties in four cases. LAC has provided free legal representation to Cambodia’s under privileged since it opened its doors in 1995.
There are three projects under LAC’s General Aid Program: (1) Justice forPoorest PeopleProject;(2) The Khmer Rouge Civil Party Project, and (3) The Building Capacity of NGO Partners and Community Key Members Project.
A. JUSTICE FOR POOREST PEOPLE PROJECT
This project has been funded by the Planet Wheeler Foundation since 2013 and has enabled LAC to provide legal aid services to the poorest people in Cambodia. The funding support is granted on a yearly basis. For 2015, LAC received another years funding from the Planet Wheeler Foundation to the amount of $50,000 for ongoing projects. The Justice for Poorest People project focuses primarily on education, legal representation, and advocacy. The education program focuses on teaching youths and community members in the target regions about their rights and the rights of detained individuals. In this period, the Justice for Poorest People project also continues to provide legal representation to indigent parties to ensure they do not suffer from over-detentions, unlawful detentions, are not mistreated while in detention, and receive fair and expedient access to appeals. The Justice for Poorest People project also advocates judicial reforms in the target regions. LAC has worked with the GNO partners, the UN, and the Ministry of Justice’s legal and judicial reform section to discuss and raise concerns about the criminal justice system, and made criminal justice recommendations to the government.
Part of the funding from the Planet Wheeler Foundation also focuses on supporting core operational costs, which enables LAC to run as whole.
I) GOAL
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To ensure that underprivileged members of society have legal representation to protect their interests, access to justice, and to make sure that the courts in Cambodia offer indigent parties fair and unbiased trials and do not deny parties their right to a fair judicial process.
II) OBJECTIVES: 1. Poor and vulnerable people receive access to justice through legal representation from Legal Aid of Cambodia. 2. Advocate for the rights of the poor though national meetings of law practitioners 3. Increased legal awareness though the education of youth and community members regarding fair trial rights and the importance of providing a fair judicial process for indigent people in Cambodia. 4. Improved qualification of lawyers and staff and good governance.
III) GEOGRAPHIC SCOPE: PHNOM PENH During the 1st 6 months of this reporting period LAC lawyers provided free legal aid to the poorest clients or those whose relatives often came to LAC requesting legal aid and/or case referrals from partner organizations, human rights NGO’s, and cases informed by the courts. LAC lawyers also provided legal advice. Because trials are likely to be biased towards the rich and powerful, representation by a lawyer is of utmost importance in order to increase the chances of a fair trial. Furthermore, access to legal aid is essential to reduce violent dispute resolution and to promote a lawful democratic society. During this period LAC lawyers represented 30 criminal cases and consultation cases.
During the 2nd 6 months of this report period, LAC was at full capacity financially and could not represent all individuals who sought assistance. During this period, LAC represented 25 criminal cases and provided consultation on 65 cases in Phnom Penh and Kandal province.
Legal representation by Justice for Poor Project (January 2015 – December2015)
Phnom Penh court, provincial court and appeal court
Total cases Open Cases Closed cases Just Result Unjust Pending Result cases
Jan-Jun 30 5 13 7 6 10 15 Jul-Dec 22 10 17 10 7 5 15 52 15 30 17 13 15
• Consultation: 65 criminal cases. Most of cases relating assault, defamations, stealing, domestic violence.
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Training/Workshops(January- December 2015)
Activities Where Topics Number of Number of Remark training participants sessions/ Workshop Training Phnom File criminal and 42 338 Penh civil complaint Total 42 338
Results • Accused persons had access to legal aid services from LAC • 60% of judges and prosecutors changed their practices to respect the rights of the accused. In the past, the accused person’s rights in pre-trial stages had never been informed. If they did, it was short time within few days before trial. It was found that the prosecutor and/or judges started to inform the right to a lawyer at early stage only for felony cases.
Challenges
- The right to legal representation is constitutionally guaranteed in Cambodia where the detainee is a minor or where the detainee is accused of committing a felony. A detainee may request to speak to legal counsel after 24 hours of being in police custody and in cases where the detainee is a minor or the accused has been charged with a felony, the assistance of a lawyer is mandatory. However, in most misdemeanor cases, the accused persons are not informed of their right to a lawyer because it is not required under Cambodian penal procedural code. Furthermore, under the Cambodian criminal code, the punishment for a misdemeanor can range from 5 days to 5 years. This places defendants at a high risk of being detained, charged, convicted and sentenced to a custodial sentence of up to 5 years without legal representation. During the last reporting period, LAC had raised issues to the government legal and judicial reform committee to amend this law however government argued that if amended, courts would have no lawyers, therefore courts would not proceed with cases and there would be an overload in each court. Even though, the government raised such argument, LAC still keeps asking the government to consider this and including in the government agenda.
- Even though there has been improvement in the application of due process rights in the Cambodian judicial system, there is still a violation of the defendant’s right to confrontation of witnesses presenting evidence against them. In most criminal cases, trials are conducted without the presence of witnesses so that the defendant party may not examine the witnesses. Judges ask the trial clerk to read the statement of witnesses or police officers that have arrested suspects. This prevents the defendant from challenging the veracity of exculpatory evidence.LAC lawyers have raised and will continue to raise this issue to the Courts and Ministry of Justice. Most notably, LAC raised this issue at the meeting of the Committee of Legal and Judicial Reform to consider amendment of the provision of the law in the July 2015.
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- The Cambodian criminal justice system is encumbered by delays due to poor case management. It takes a year or even more for misdemeanor cases and trials are conducted without lawyers. It is observed that many trials result in adjournment without reasons even where all parties are present resulting in a waste of time and money and violation of the defendants right to an expeditious trial.
- Another challenge is the difficulty to financially incentivize a lawyer to work within a legal aid or non-governmental organization. A lack of financial resources means that private law firms, companies or government careers invariably pay significantly higher salaries.
- LAC also faces difficulty retaining lawyers to work with us due to the project-funding period being on a yearly basis. The cases may be closed during the funding year and the lawyer who handled the cases may have left LAC. This means that a new lawyer will need to come on board and review the case file to come up to speed with the case which is inefficient. To overcome this LAC often directs the court to act in more expeditious manner.
B. KHMER ROUGE CIVIL PARTY PROJECT
The Khmer Rouge Tribunal officially known as the Extraordinary Chambers in the Courts of Cambodia(‘ECCC’) was established to hold the senior leaders of the Khmer Rouge regime accountable.This project provides pro bono legal services to victims of the Khmer Rouge regime who wish to be formally acknowledged as civil parties to the proceedings.
This project is supported by GIZand the French Embassy, running from October 2014 to December 2015. The project is implemented by one international lawyer as a LAC partner and one and half LAC local lawyers to provide legal services to civil parties and to victims of the Khmer Rouge’s crimes committed by Khmer Rouge leaders during the Khmer Rouge regime between1975-1979. There were about 2 million people killed and many people were subject to be killed and tortured during that period.
Goal and Objectives:
To ensure victims and civil parties receive justice in the proceedings of ECCC by providing highly qualified legal representation and legal advice to complainants, victims and civil parties.
Geographic Scope:All provinces in Cambodia
LAC lawyers have represented the 1217 civil party clients in cases 02/1, 02/2, 03 and 04. In 2015, the case 02/2 proceedings began hearing and examination of witnesses. ECCC has begun case 03 but it seemed that there was disagreement between international investigating judge and domestic judge on case 3 yet. International judge issued arrest warrant to arrest 2-3 former middle leaders of Khmer Rouge but there was no collaboration from domestic judge and Cambodian government to execute the arrest warrant on the ground that the warrant was signed only international judge. However, LAC has Page 11 of 58
begun to meet with the victims and other civil parties. LAC went to provinces to organize meetings to inform and update their clients about ECCC proceedings.
Legal representation by Civil Party Project:
January 2015-December 2015 No Open Cases Closed Just Unjust Remain cases Result Result cases 1 Case 02/2 0 0 0 1 (1217 clients). 2 Case 03/04 0 0 0 1 Total 2 cases
Meeting Civil Parties and Witnesses at Provinces:
January 2015-June 2015 No Where Topics # of Remark Participants 1. Kro Ties, Informed and updated about ECC C 22 Meeting at province province process, Prepare witness to testify at ECCC 2 Posat Informed and updated about ECC C 50 Meeting at province process, Prepare witness to testify at ECCC 3 Kampong Informed and updated about ECC C 110 Meeting at province Cham process, Prepare witness to testify at ECCC Total 180
July 2015 – December 2015 No Where Topics Number of Remark participants 1. Krtie Informed and updated about ECC C 22 Meeting at province province process, Prepare witness to testify at ECCC 2 Kam Informed and updated about ECC C 25 Meeting at province Chnnang process, Prepare witness to testify at ECCC 3 Kandal Informed and updated about ECC C 56 Meeting at province province process, Prepare witness to testify at ECCC 4 Posat Informed and updated about ECC C 35 Meeting at province province process, Prepare witness to testify at ECCC 5 Mondulki Informed and updated about ECC C 45 Meeting at province ri process, Page 12 of 58
province Prepare witness to testify at ECCC Total 183 Results • Number of victims and Cambodian people have an opportunity to participate in the Khmer Rouge trial process • A deterrent message to all current and potential leaders/potential leaders that if they commit crimes against humanity, they must be punished and cannot escape from net of law. • Some parts of trial proceedings are used as model for domestic court of Cambodia to follow.
Challenges - It takes so long that accused persons or witnesses may die and/or became insane or mental before the trial ends - In addition, the length of the process is so long and that it cannot be used legally in the domestic court. When an accused person at the domestic court requests the domestic court to speed up a trial it is possible that the court may say ”Look at ECCC trial process. It took about 10 years for the trial of 3-4 former leaders of the Khmer Rouge”. -Another challenge is that the lack financial resources from parts of Cambodian government contribution and other part of UN contribution. Furthermore, donors lose their interests because it takes long. - Funding has been reduced by 50% and lawyers have been unable to meet with their clients very often to update them about process.
C. BUILDING CAPACITY OF CIVIL SOCIETY ORGANIZATION PARTNERS AND COMMUNITY MEMBERS PROJECT
With a small grant of support from Agricultural Development of Denmark in Asia (‘ADDA’), LAC has implemented the project “Building capacity on legal rights and advocacy of NGO partner staff, Agricultural Cooperative members as well as final beneficiaries of the project” in Seam Reap province. The project activities focus on providing, training sessions to Self Help Groups (‘SHGs’) in 124 villages within Siem Reap province. This project covered the period of 2014 to 2016.
Goal and Objectives
The project aims to empower SHGs with knowledge on their legal rights and increase awareness of the means available to them to advocate these rights.
Objectives:
1. Empowering community members to influence local decision making; 2. Contributing to the healthy and sustainable development of civil society; 3. Enabling community members to promote the rights and interests of their community; and 4. Narrowing the communication gap between local authorities and communities
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Activities and Results
1. Training of Trainers (ToT)
During this period, LAC continues conducting two types of Training of Trainers (TOT) to district facilitators (DFs) and Community Professionals (CFs). LAC trainer conducted TOT session to30 DFsand CPs. After they received TOT training, they in turn utilized the skills to conduct two training sessions to 50 community members in their target areas.
2. Training Community members
In addition to ToTtraining, LAC also conducted training on basic human rights, land right and other related legal rights to community members.A total of 127SHGs sessions were conducted, with 5,982 participants of which 81% were women and 19% were men.
Below is the table showing training activities:
Training activities January 2015 to December 2015
Month Number of Where( districts) Total Number % female % male SHG Participant ofSHG attendance attendance trainings s sessions
Februa 8 -Sotrnikum, and 395 49 85% 15% ry -Angkor Thom
March 25 - Prasat 1080 43 83% 17% - Bakong, - Sotrnikum - Chikraeng - Angkor Thom -Banteysrei
April 8 -Banteysrei 421 53 72% 28% 2015 - Sotrnikum -Angkor Thom -Chikraeng
May 18 -Sotrnikum 843 47 81% 19% 2015 -Chikraeng
June 20 -Chikraeng 888 44 81% 19% 2015 -Prasatbakong -Sotrnikum
July 22 Sotrnikum, Bakong, 1082 48 81% 19% 2015 Pouk and Chikreng
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August 15 PrasatBakong, 679 45 82% 18% 2015 Sotrnikum, and Pouk
Septe 11 Sotrnikum, Bakong and 594 54 78% 22% mber Pouk 2015
TOTAL 127 5982 383 81% 19%
Overall Project Activities and Results July - December 2015
Throughout the period of 01 January to 31 December 2015, SHG trainings were held within the five districts of PrasatBakong, Angkor Thom, Sotrnikum, BanteaySrei and Chikraeng. A total of 127 SHGs sessions were hosted, with 5,982 participants overall. On average approximately 50community members attended in each SHG training. Where recorded, the average participation rate for women was 81%, and for men 19%.
Results
• After the training of trainers, DFs and CPs understood basic laws, legal rights including land rights and other alternative dispute resolutions. They then shared their knowledge with the SHGs in the target communities. Based on LAC’s observations, they will have the capacity to carry out such work, in future, independently. • For community members training, most of them understood well and showed interest in particular areas, for example, questions regarding the land issues, including private land and state land, divorce and domestic violence issues.
Lessons learnt
The concerns for different communities varied from one village to another. It was apparent that the area of interest most commonly raised by communities related to land rights issues, which was evidently a field of specific concern. They will now share the knowledge gained from training to other members who were unable to attend the training sessions. After training, community members were knowledgeable as to their rights and began exercising their rights, first, they dare to express their opinion, then they dare to claim and demand something openly.
It was observed that response rates at SHG training sessions varied from village to village, and some community members were more willing than others to respond to questions and prompts presented by DFs. Some communities were very active in terms of participation and were able through training to build upon an already strong understanding of legal rights. There were circumstances where communities were involved in raising issues and questions to the DFs, and were willing to articulate specific problems faced by their community.
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Challenges
- Some challenges were that participants who had low capacity found it hard to catch up on concepts and were afraid to raise questions. There were some circumstances where it was clear that communities had legal issues to discuss, however, were hesitant to actively participate in discussions or respond promptly to questions asked by the trainers. In particular cases the caution of community members shown towards raising issues was evidently a result of the presence of the community chief at the training. Low response levels in some cases may also have been attributable to the low levels of prior knowledge with regards to these legal rights. Most of participants are illiterate and do not pay more attention to training and they discussed among themselves. - LAC also observed that sometimes it was hard to gather participants for the training since they were busy with their agricultural business, the trainers and DFs need to be flexible following the availability of communities. Sometime, just a small number of people were available to participate in the training. -
Radio Talk Shows
- Besides conducting training, LAC also three conducted radio talk shows through the reporting period. It talked about the basis human rights and land rights. During the talk-show, audiences were allowed to call in and question to the speakers. There were many audiences called in and questioned directly to LAC speaker. Most of questions were about land rights and about rights violations and how to solve the land dispute.
2. Land Law and Natural Resources Program Establishing and legally protecting property rights is a significant issue in Cambodia. The situation stems from the abolition of private property during the Khmer Rouge regime and the subsequent destruction of property records and the displacement of people from their traditional land both under the Khmer Rouge and the following civil war period. Cambodia is now seeking to actively develop its land through the granting of “Economic Land Concessions”. Given uncertainties over property titles, this often leads to disputes over ownership, often between wealthy investors and poor subsistence farming communities.
LAC’s Land Law & Natural Resources Program works to protect the interests of poor landholders in land disputes associated with the granting of economic land concessions.Since 2012, LAC has been broadening its focus to also consider cases involving environmental law, and the misuse of natural resources including forests, rivers and fisheries. The Land Law Program operates in Phnom Penh and in Siem Reap province.
PROGRAM GOALS
The goal of land Law Program is to extend legal representation, advice and information to disadvantaged groups and people whose land rights are affected.
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PROJECTS OPERATING WITHIN THE LAND LAW AND NATURAL RESOURCES PROGRAM
There are two projects under the Land Law and Natural Program:
A. PROJECT TO ASSIST POOR COMMUNITIES IN PHNOM PENH TO OBTAIN BENEFICIAL RESOLUTIONS OF URBAN POOR LAND TENURE SITUATIONS
Background
This project is funded by The Deutsche Gesellschaftfür Internationale Zusammenarbeit (GIZ) to support the Cambodian land reform in selected fields. The GIZ support format is called Land Rights Program II (LRP II).
The Land Law Program has two projects. One project is grateful for the support it receives from GIZ for Phnom Penh. Another project is supported from EU/ADDA for Siem Reap. Under this project funded by GIZ, LAC was able to deliver its professional services to assist poor communities in Phnom Penh, Khan Sensok, and Sangka Khmoun. People residing in these areas have settled illegally on State land and thus lack secure land tenure. They are subject to relocation, site development or move out to other places.
Goal
To provide the explanation and advice on legal rights and options,assisting communities indeveloping strategies to improve their land tenure security, and to provide legal assistance as communities negotiate future tenure arrangements with the government.
Objectives
1. Up to six communities in Sangkat Khmounh, and Khan Sensok, will receive reasonable resolutions for their land tenure issues, and begin implementing this resolution. 2. Concerns and needs of vulnerable women, children and youth in the communities will be addressed and key community representatives will be encouraged primarily in the process of resolutions as specified in Circular 03, and actively contribute their own ideas/concerns to the resolution of their land tenure situation. 3. Members of the 13 communities will receive quality legal support and advice, specifically relating to their land situation.
Project activities and results
During the reporting period, the following activities were undertaken:
1. LAC provided legal support and legal consultations to the nine communities to develop legal strategies to find resolutions to land tenure issues. Nine legal strategies of nine communities have been developed for communities, so that they can find the best solution for the land tenure issues. LAC lawyers assisted the communities to:
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• Conduct meeting with NGO partners to develop strategies and convinced NGOs to talk with Khan Sensok. • Help and resolve issues in the Samrong Meanchey community, was communicated to Sangkat.
2. LAC supported the drafting and submission of proposals for agreed-on housing resolutions with secure land tenure for up to 9 communities in Sangkat Khmoun, Khan Sensok.
• Nine proposals to government were drafted and sent to the aforementioned nine communities for internal deliberation, editing, and signature collection. LAC has endeavoured and accomplished drafting for all nine communities. All proposals were based on the belief that the communities are illegally settled on state land. • LAC assisted communities to submit both formal and informal requests for a meeting with Khan to discuss possible solutions to expedite the Samrong Meanchey case. However, based on the community leader report, community members were unhappy after seeing the plots of land, which they had planned to distribute to the communities as they were too small. As a result, a small number of community members of Samrong Meancheyasked local authority to relocated them or give other land closed to their area so that the communities may have land larger than the land the local authority planned to distribute to the communities. However the request was rejected.
3. LAC provided legal training and legal consultation to 13 communities. During the report period, LAC continued conducting legal training sessions to 13 paralegal teams on land rights, the types of Land and Land Law. LAC also continued providing legal consultation to those communities on issues of land security and their solutions within those communities.
Most communities were concerned about their land security as they lack titles to the land, their fears are further fuelled by rumours that the government intends to develop their area. These fears are exacerbated by the propensity of authorities to avoid questions related to land registration while subjecting their registration application to bureaucratic hurdles, such as repeated redirection of their application from one government department to another.
4. LAC provided legal support and consultations to 3 communities in Sangkat Phnom Penh Thmey, Khan Sensok, during the process of additional land registration.
LAC had verified the number of households present in the community, collected supporting documents, prepared letters requesting land registration on behalf of community leaders, and met with relevant government officers regarding the communities’ current land situation.
5. LAC conducted legal trainings for community key members/paralegal teams and authorities to understand land law processes.
From January to June 2015 there were two training sessions which were conducted differently. First, LAC provided legal training sessions to key community members on Circular 03 and social
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land concession so that the community members may share the knowledge to key community members training in SangkatKhmonh. Secondly, LAC provided legal training on Circular 03 to local authorities in Sangk at Khmonh.
Between July and December 2015 LACconducted a further 3 sessions of legal training to the 13 paralegal teams of these communities on the subject of Land Law 2001, Circular 03, and Social Land Concession. LAC also provided legal trainings to 9 key Khmoun community key persons, whichincludedyouth. These trainings lasted for 4 days. LAC found that 33.5% passed pre-testing and 73.5% passed post-testing. LAC found the paralegal team and community member’s knowledge, even though they passed the test,was still very limited.
6. LAC provided legal consultation/coaching to members of the 13 communities and 9 communities in S/K Khmoun, and the relevant authorities, to broaden their understanding of land law.
LAC’s lawyers conducted direct coaching on legal knowledge to members. LAC provided legal consultation/coaching (26 sessions) to membersof 13 communities and 20 sessions to 9 Khmoun communities. The purpose of legal consultation/coaching was again to provide a clear explanation of Land Law, Circular 03, Social Land Concession, and Systematic Land Registration to members.
7. LAC provided reflection Workshop for community key members and paralegal teams.
LAC organized two reflection workshops for47key membersand 29paralegal team at Khmoun Community.
The reflection workshops were conducted to two different targets. One was conducted for key persons and another for paralegal teams. The purpose of the reflection workshops was or community members to become more aware of the legal issues relating to their land rights, making them capable of negotiating with authorities and giving them the ability to share that legal knowledge to other community members. It also allowed for the evaluation of the previous training programs and to obtain feedback for future training programs.
8. Legal analysis of land situation LAC did legal analysis and made presentation to community members what LAC found out. The legal analysis is important pointsthat makes community members understand and know what type of land they currently occupied, what rights they have. After presentation of legal analysis, the community understood about the land rights and status of the land they occupied.
Results
• LAC received a positive result in that Khan Authorities have expressed a willingness to provide On-site upgrading to SamrongMeanchey community in sharing the task with NGO partners. • Khan has allowed Sangkat and village authorities to reassess the number of households and to update existing household statistics for the purposes of Circular 03 implementation.
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• Key community members understood well about the Circular 03, land law and land registration process. • Local authorities understood well about Circular 03, land law, and land registration process. • Participants exchanged their experience, shared ideas and concerns of individual community. • Suggestions and recommendations from participants were collected and will be inputted in proposal. • Legal analysis was used as a tool for the community to understand about their position and land rights status and what they can and cannot do. • Confrontation and ties such as demonstration or protest againstthe government were reduced due to both sites being well understood. • LAC tested the communities understanding and their behavior with our finding about legal analysis on their area, and as a result, it found that communities understood the legal basis on land right and may representing us in explaining their right on the land to their communities members. Furthermore, during our mission of monitoring the paralegal teams providing training to their members, LAC found that all members seemed to understand about their land situation. Challenges
LAC attempted to complete all tasks stated within the project, however was unable to complete the proposal and training about land law to local authorities. The community leaders of the 9 communities were interested in this activity but were concerned about thumbprint collection from their members and potential backlash from government authorities. The concerns included:
• There were so many thumbprint collections with the on-site upgrading requesting and the result still moving smoothly. • Some members lose confidence to ask for on-site upgrading. • Some communities said that local authorities already helped communities with on-site upgrading requested but all the request were stuck at Office of Municipality and out of their control to help these communities. • They are worried to accuse the authority of collection of thumbprints for other political or other purposes, so they need to have meeting between communities, the authority and NGOs, if possible, to discuss this case (request permission from the authority to allow in taking thumbprint) • In this activity (proposal), LAC is a legal NGO with lawyers that cannot persuade communities and to work on a proposal without agreement from the clients (communities). If they require our services, LAC will help. However, LAC has already explained the benefit of the housing proposal to them, the decision is up to them. • One more, community saw that district is willingness to help and solve the problem but all are stuck in municipality level. Community have don’t want to irritate district level since they already saw that the authorities already try hard to help community.
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Land law and Land Rights Training (January 2015-December 2015)
(January 2015-June 2015) No Where Topics Number of Number of Remark training sessions participants 1 -Phnom Penh -Circular 03 6 179 - Sensok - Land Law -Khmounh - Social Land Concession (June 2015 – December 2015 No Where Topics Number of Number of Remark training sessions participants 1 -Phnom Penh -Circular 03 3 93 - Sensok - Land Law -Khmounh - Social Land Concession Total 9 272
LAC’s legal representation (January 2015-December 2015)
During this period, LAC lawyers still continues to represent the nine communities to negotiate with government and local authorizes outside the court system for the interests of the communities.
LAC Case Number No Community Names Address Sensok 5 village, SangkatKmonh, Khan Sensok. 1 SenRikreay 325 families and 265 houses Sensok 5 village, SangkatKmonh, Khan Sensok. 2 SenSousdey 85 families and 55 houses Sensok 5 village, SangkatKmonh, Khan Sensok. Communities 3 SenPonlor 2 220 families and 210 houses processing on circular Sensok 6 village, SangkatKmonh, Khan Sensok. 03 4 Sen Ponlor1 80 families and 73 houses Sensok 1 village, SangkatKmonh, Khan Sensok. 5 SenSabay 283 families and 263 houses SamrongMeanchey village, SangkatKmonh, 6 SamrongMeanchey Khan Sensok. 121 families and 121 houses Tumnup village, Sangkat Phnom Penh Thmey, 7 TumnubPy Khan Sensok. Communities 52 families and 50 houses processing on Tumnup village, Sangkat Phnom Penh Thmey, additional land 8 TumnubBey Khan Sensok.57 families and 57 houses registration Phnom Penh Tumnup village, Sangkat Phnom Penh Thmey, 9 Thmey Khan Sensok. 46 families and 46 houses
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A) EMPOWERMENT OF CIVIL SOCIETY ADVOCATING FOR RIGHTS OF URBAN POOR (‘CISUP’) PROJECT
BACKGROUND
Siem Reap is Cambodia’s third largest urban center with around 230,000 residents and 1.5 million foreign visitors in 2011. Urban development follows a five year master plan (2011-2015) which includes a resolution for urban poor settlements, foreign assistance to upgrade water supply (JICA), sewage systems (ADB), improvement of roads and other infrastructure- implementation. However this is dependent on the availability of funds and is scheduled on a step by step basis.
Urban poor settlements in Siem Reap are considered one of the city’s three key problems by the local authorities, along with traffic and waste management and some actions are incorporated in their plan. The main concern of the Municipality appears to be the settlements’ potentially negative impact on the tourist industry. The Municipality is committed to improve both the living conditions of the poor and their land tenure; the conditions offered to the population re-located in Sambuor site are thus rather good and land titles will be delivered. However additional support would be needed to help the community gain access to better hygiene, water and sanitation; education and health facilities, and economic opportunities. The Action proposes to support community building in the re-location site: establishment of Self Help Group to initiate saving/inter-loaning schemes; build social and managerial capacity, develop networks and proposals to obtain education and health services in the village. The APSARA Authority is planning to deliver land certificates to legal residents in the APSARA area, which will probably raise discussion about the rights and tenure of other residents. The Action proposes to facilitate interaction between the Authorities and the population, and encourages mid-term and long- term participatory solutions findings for those considered as “illegal”.
With funding support from EU, it enabled Agricultural Development Denmark Asia (ADDA) and Legal Aid of Cambodia (LAC) co-implementers of this project.
Goal and Objectives
The main goal is to empower the civil society organizations in Siem Reap comprising urban poor communities to promote land security and advocate for their rights.
This means that urban poor would become better organized and represented in the local decision making processes due to better skills, access to appropriate information and advice, reformed coordination and negotiation mechanisms. This would in turn improve individual and community financial capacity. Urban and peri-urban poor would gain the capacity to improve land tenure; negotiate better compensation in case of eviction and maximize benefits of resettlement.
Objectives
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1. Mobilize and empower civil society organizations representing the urban poor to promote livelihood, land security and land tenure
2. Advocate for the urban poor and exert pressure to obtain land certification and/or decent compensation in case of eviction
3. Improve living conditions in the new settlements.
Project Activities and Results
The activities are to build the legal knowledge of 2000 urban poor, to allow the effective representation of at least 1,000 households in local decision process in general. A special focus will be on land tenure issues, and to improve land status of 1,000 households and the living conditions of the reallocation
The main partners in the implementation of the project are ADDA and LAC. ADDA are responsible for the community development aspects of the project, whereas LAC provides its expertise on the legal aspects. The overall coordination of the project is ensured by ADDA, who has both more experience and better logistics available in Siem Reap.
1) Brief Legal Analysis
During the reporting period, the following indicates what LAC has done as part of their role in this project: LAC organized discussions with Self-Help Groups (SHGs) to identify common land tenure issues and identify key cases, LAC has then completed a brief legal analysis of each community’s land tenure situation as well as the other legal issues surrounding the land where the community is located. In investigating the land situation of the communities, LAC tried to find information and documentation to support the claims of communities to the land. Furthermore LAC has researched and analyzed applicable laws for the issues at hand, possible precedents and then draw preliminary recommendation for advocacy to be considered by the coalition when they develop their strategy. LAC used these legal situational analyses to design legal training programs that address the legal situations that each community faces.
2) Training development and training.
LAC has developed specific training contents appropriate to the needs of the villagers and local context based on the analysis of the situation. Two types of trainings are proposed: (i) general training to raise awareness to the large numbers of villagers about the land laws, their land rights and official mechanisms to improve land tenure status; (ii) specific training for the coalitions’ leaders, the CD team and UCWs about in depth understanding of the laws and advocacy mechanisms. UCWs and Coalition leaders are expected, in turn, to pass on their new knowledge to their communities. However, it was restricted by APSARA before LAC conducted its training in the APSARA areas. LAC was required to submit training materials to them prior conducting training.
Training was the APSARA’s restriction to human rights training to people whose rights have been affected. LAC need approval from APSARA before training. LAC was required to send the topics of training to APSARA in advance. LAC training focused on land processes, land rights, for instance an
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introduction to the land classification scheme, the procedure for land registration and possession rights and Circular 03 guidelines, as well as how to work intelligently with these processes.
In addition to training, short radio spots (awareness messages about land law; talk shows) have been prepared by LAC for large dissemination on local radio. Total 180 minutes of radio broadcasting during the whole project period has been planned.
3) Initial legal consultation
LAC has provided legal advice to the leaders to improve it and refer to proper legal framework, ensure that their argumentation is eligible and properly documented. Each coalition should develop its own strategy based on the analysis of their specific situation. Nevertheless experience sharing between the coalitions will be favorable to enrich ideas. Common actions are also encouraged to maximize influence if recommended by the co-applicants.
4) Assessment of existing mechanisms
ADDA and LAC reviewed all mechanisms in place to communicate and negotiate land rights in Siem Reap: at village and commune levels, in the APSARA area, with the Municipality, Public departments and even Ministries if required. All channels are systematically and thoroughly identified and their effectiveness reviewed to advise the coalitions on their actions.
5) Develop consultation mechanisms within existing systems
First, the community members (villagers, SHGs and coalitions) were informed about proper channels of information and negotiations to use according to the assessment. Then, the CDF worked with each group (SHGs or coalitions) and the existing interlocutors to develop consultation links: meet them separately, organize and help in the preparation of first meetings. They will act as facilitators and become observers/mentors during the following meetings, and execute debriefing of participants after the meetings.
Activities and Results
1. Legal analysis of land tenure and land issues in the target area Is prepared. During the reporting period LAC organized discussions with SHGs to identify common land tenure issues and identify key cases. LAC then completed a brief legal analysis of each community’s land tenure situation as well as the other legal issues surrounding the land where the community was located. In investigating the land situation of the communities, LAC tried to find information and documentation to support the claims of communities to the land. Furthermore LAC researched and analyzed applicable laws for the issues at hand, possible precedents and then draw preliminary recommendation for advocacy to be considered by the coalition when they developed their strategy. LAC used this legal situational analyses to design legal training programs that addressed the legal situations that each community faces.
LAC also assessed the land issues most commonly met in the target area by consulting the SHGs as a preliminary exercise to try to classify the cases. This provided an overall understanding of the land tenure in the APSARA and Borey Santakhea zones and described the regulations Page 25 of 58
applicable, as well as land conflicts and land titling issues appearingoutside of the APSARA/ BoreiSantakea zones. It also describes the situation in Sambour, where thestatus of land in the re-location site is unclear.
2. SHG documents related (family book, ID, passport, land certificate, land documents...) started to becollected early in the project to allow further analysis.
In many cases villagers do not keep safely their documents, or they already use their land documentas collateral for a loan, in that case the document is kept in the bank/ MFI, moreover they are afraidof being victims of scams, i.e. that their documents are never returned to them and they’ll lose theironly proof of property. Similarly participants to a meeting or a training are reluctant to sign/thumbprint on the attendance list. This practice has already been used against villagers in other landconflicts. The quality and legality of most documents related to land is usually poor, andinconsistent.
3. LAC is pursuing and deepening legal analysis for the cases identified, with a priority given to PhnomKrom land conflict- though it is a very complicated and long lasting story, and land certification forlegal residents in the APSARA area. Other major and minor cases are also being analyzed from a legal point of view to provide thecoalitions with a proper legal framework to develop their advocacy strategy.
4. Basic awareness training programs have been developed by LAC on: Land Law 2001, Systematic Land Registration, and Social Land Concession.Training programs related to APSARA regulation, construction, protection are beingprepared with APSARA Authority. It is a very long process that started with a first meetingin June 2014 and was followed by a series of meetings and exchanges with the APSARAtraining unit and APSARA Lawyer. APSARA Authority wants to make sure that messagesare correctly transmitted and want to avoid negative reactions from the villagers. Minorcorrections are still in progress.
5. As the educational level of villagers is very low, LAC tried to use visual aids (pictures),reduce the use of technical words unless they cannot be replaced, and shorten as much aspossible the duration of the session.A set of 19 banners is developed for the trainings on land law 2001, as well as a colourleaflet.Beside that the project received leaflets and booklets from the Ministry of Land Managementand other projects.
6. Four specific public training on Land law 2001 and Land Systematic Registration wereconducted in SangkatSiem Reap in 4 villages: Kantrak, KokKrasaing and KorKranch Village, Phnom Krom. 123 villagers participated in the training.The rest of the villages are located in the APSARA/ BoreiSantakea, and the project wasinitially waiting for the approval of training documents by APSARA before starting theawareness sessions. As this approval takes time to come, the project decided to start a first row of training on the general land law 2001 as an introductory session to land rights. 20 sessions have been organized, with 1075 participants. The second row oftraining focused only on the regulation applicable in the APSARA area.In total 1198 persons attended the awareness sessions on land law.
7. 2,000 leaflets are distributed to raise awareness on land rights. 1,198 Leaflets regarding land registration published by the Ministry of Land Management were distributed as well as Land Law 2001 booklets granted by another project.
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8. Advanced training sessions were delivered by LAC to ADDA staff (7 CDFs), UCWs (11) on Land Law 2001, Systematic land registration, and Social Land Concession. It took 4 days training for 3 topics. ADDA staff and UCWs had a low knowledge on these subjects and found it difficult to adjust to the technical words. Post-test confirmed an improvement in the knowledge, still neither the CDFs nor the UCWs felt ready to train SHGs on their own on these subjects.
Results • Legal knowledge in 30 SHGs was assessed. • Legal documents related to land collected. • Legal findings and recommendation for advocacy were issued. • Basic land rights awareness training program are developed (land rights topics: (1) Land Law 2001 (Types of land), 2) Systematic land registration; 3) Social Land concession; 4) APSARA law and official mechanisms to improve land tenure). Materials for awareness and trainings are produced (leaflets)and advanced training program for CDFs, UCWS and coalition leaders is prepared on land laws and advocacy mechanisms.(set of training materials). • 40 public meetings wereorganized to raise awareness on land rights • 2,000 persons participatedin a public meeting on land rights • CDFs, UCWs and coalition leaders are trained on land laws and advocacy mechanisms.
Training Activities (January 2015-December 2015)
No Where Topics Number of Number of Remark training participant sessions s 1 -Siem Reap -Land Law 56 1235 28 sessions in Town -Social Land APSARA zone, 20 -APSARA Zone Concession sessions and outside - Outside -Land Systematic the APSARA zone 8 APSARA Zone Registration sessions.
2 -Siem Reap -Land Law 40 2000 As above Town -Social Land -APSARA Zone Concession - Outside -Land Systematic APSARA Zone Registration
Total 96 3235
Challenges
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• Training methodologies needed to be and are being improved to better fit the specificities of people in the target group: low level of knowledge and short time for participation (1 hour per session). Visual aid (pictures, video clip) and real cases are used in training. • APSARA authorities did not allow LAC to conduct training on human rights, land law or other Circulars related-land issues to community member residing in APSARA territory. Training material and the context of lessons used for training must be preapproved by APASRA. APSARA staff often observed training in every one of their territories when conducted by LAC team.
3. Child Justice Program
Established in 1997, LAC’s Child Justice Program (CJP) provides support to both children in conflict with the law and child victims of crime. The Child Justice Program works to protect the rights of children, both under the laws of the Kingdom of Cambodia and through the United Nations Convention on the Rights of the Child. This is designed to improve protection for children in conflict with the law, to contribute to the development of a child friendly justice processes and to strengthen the implementation of children’s rights through national and international law in Cambodia.
PROGRAM GOAL
The program seeks to promote understanding and adherence to prison rules and regulations as they relate to child rights and juvenile justice. It also aims to make improvements to the justice and prison system in Cambodia in order to make these institutions more child friendly with greater adherence to child protection standards.
1. To improve child protection for children in conflict with the law in the justice system in Cambodia, to secure improved child protection at each stage of the judicial process and influence the practices of the different stakeholders who interact with children during the process, including police officers, judicial officers, prosecutors, judges, prison officials, prison guard and local government officials. And coordination and communication between key stakeholders to supporting children in conflict with the law that is primarily geared at protecting their best interests. 2. To provide with free legal representation to children in conflict with the law, protection and reduce the level of violence against children in conflict with the law, improve the capacity and adherence to child protection best practice of judicial, police and prison stakeholders and build the capacity of existing institutions to divert children in conflict with the law out of the formal justice process. 3. To strengthen political commitment to child protection measures, and develop effective law and policy on juvenile justice and child rights, in particular securing the passing into law of the draft Juvenile Justice Law. 4. To have a lasting and sustained impact on the Cambodian justice, prison and police systems and its interactions with children in conflict with the law.
Geographic Scope: Battambang, SiemReap, Pailin, Kampong Cham, Prey Veng, Svay Rieng provinces.
To achieve these, LAC worked closely with the provincial court to organize regular criminal justice actor meetings every three months to discuss practical issues, legal issues and other challenges in the Cambodian criminal justice system. The criminal actor meetings are designed for all stakeholders
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including court, police, prison officials and other relevant department officials, lawyers and NGOs members. The government also replicates this kind of meeting.
LAC also conducted training to police, commune counselors, Community based organizations (CBOs) about child protect mechanism, child rights, and other due process rights when he/she becomes the child in conflict with law. LAC assists the children in establishing child clubs and child family networks at the commune level and district level. LAC trains them in child rights and other fundamental rights and also raises awareness to the community on child justice issues.LAC worked in collaboration with Criminal Police Unit (CPU) under Ministry of Interior (MoI) for referral cases.
Juvenile Justice Law (JJL) At present, there is no specific law for dealing with juvenile offenders who are tried in the same system as adult offenders. Over the past few years LAC has worked closely with the Ministry of Justice and MoSVYin the drafting of a new law establishing the procedure for dealing with juvenile defenders. However, this draft law has been pending at the MoSVY.
Child Friendly Chamber: Cambodia does not operate a separate court system of juvenile offenders. LAC, along with Children Rights International, has been working with the Ministry of Justice to establish a child-friendly chamber in the Battambang court.
PROJECTS OPERATING WITHIN THE CHILD JUSTICE PROGRAM
A. PROJECT FOR PROMOTING CHILD FRIENDLY COMMUNITY THROUGH THE DEVELOPMENT OF A NATIONAL CHILD PROTECTION SYSTEM IN CAMBODIA
Background
Legal Aid of Cambodia (LAC), implemented achild based community protection program with various interventions for 10 years inBattambang, Siem Reap and BanteayMeanchey province. Due to the success of this program, LAC designeda project from January 2014 to December 2016 with theobjective of contributing to the development of a National Child Protection System in Cambodia to ensure that all children enjoy their right to protection from all forms of violence in all settings. With funding support from EU, it enabledPlan International Cambodia and LAC to implementthe EU-VAC Project for three years from January 2014 to December 2016.
The project covers theSiem Reap and Kampong Cham provinces(two districts, 10 communes and 30 villages). This is done by establishing and strengthening networks that consist of adults, children and local authorities with representatives at the village, commune and district, province and national levels, all linked by monitoring, reporting and intervention mechanism to provide legal and social assistance to victims and their families.
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Goaland Objectives
To contribute to developingnational children protection systems in Cambodia and to ensure all children enjoy their rights to protection from all forms of violence.
Objectives
1. To support the establishment of multi-stakeholder community base child protection mechanism in Siem Reap and Kampong Cham Provinces. 2. To promote coordinate the systematic prevention and response to violence against children amongst government and non- governmental stakeholders.
Project activities and Results
During the reporting period, LAC continued workingwith communes and DistrictFamily Protection Networks (FPNs), participation in CCWC and WCCC regular meetings. LAC supported the participation of Commune level FPN within the monthly meetings of the CCWC and the Commune Council. Similarly, representatives of the District FPN have been supported to participate in the meetings of the CWCC. Furthermore, LAC worked with prosecutors, courts and police to organize a quarterly meeting to discuss enforcement of the Penal and Criminal code, including measures related to child protection. During these meetings, partners shared experience in the application of the legal framework at local level and raised issues that concerned courts, prosecutors and duty bearers. During this meeting, participants had an opportunity to further follow up cases and learn about challenges faced by the judicial authorities in prosecution.
LAC had trained 28 village leaders on management role and responsibilities to report all cases to Commune authorities. LACconducted 2 training sessions to 120 community members including vulnerable men and women on how they would receive relevant information on prevention and response to violence. After the training,LAC conducted coaching and supported focal points to review their cases to ensure that they are in compliance to standards and principle of confidentiality and child safeguarding. LAC also assisted the community to become more actively engaged in monitoring law implementation and duty bearers to be held accountable for their implementation. LAC conducted police training on communication skills whichis conducive to improving confidence of children in their responsiveness. LAC quarterly coordinated meetings CSO consortia and provided technical assistanceto review the progress of their technical action plans, share learning and discuss challenges in the implementation of the programming.
LAC also provided legal services to children in contact with law and representation children victims.
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Legal representation by Child Justice Projects
January2015-December 2015)
Legal Representation Period Number Open Cases Closed Just Result Unjust Remain cases cases Result cases Jan - June 139 94 36 22 14 103 July- Dec 16 12 4 2 2 12 • 85 cases of Legal consultation to the poor people
Training Activities(January 2015-December 2015) No Where Topics Number of Number of Remark training participants sessions Total provinces Juvenile justice 56 1235 and law
Training/Workshops July to December 2015 Activities Where Topics Number of Number of Remark training participants sessions/ Workshop Training Organizer/Facilitator Kompong Child Right and 1 15 participants The 15 CCASVA staff have Cham Legal Procedure understood and been able to apply on work at field (LAC is the facilitator). Phnom Child Right and 1 30 participants All court clerk students Penh (Royal the Law have deeply understood Academy on UNCRC and Child for Judicial Justice System (LAC is the Profession) facilitator). Phnom Judicial Police 1 30 participants All polices have been able Penh and the Law to apply knowledge (Friend gained from training into Internation their real practice (LAC is al the facilitator). Cambodia) Phnom Concurbinage 1 30 participants All attorneys of law have Penh (Bar understood on Association procedure/proceeding of Page 31 of 58
) concurbinage through the law court system (Bar Association is a facilitator). Siem Reap VAC Guideline 2 41participants All CCWC’s and DWCCC’s Province Manual, members have been able (Angkor Facilitator Skill to conduct awareness Thom and raising to community BanterySre people (LAC is the y Districts) facilitator). Siem Reap Reporting 18 260participant All Child Council’s Province Mechanism or s members have (Angkor Service Member understood on forms of Thom and Violence Against Children BanterySre and Child Protection y Districts) Mechanism, and they have been able to conduct awareness raising to school students(LAC is the facilitator).. Siem Reap Intervention 2 75participants All local authorities at Province and Referral Village, Commune, and (Angkor Tactics District levels have better Thom and understood on provided Banterysrey topics and they have Districts) been able to apply these tactics into their works (LAC is the facilitator). SR province Facilitator Skill 1 20participants All PWCCC’s members and ADR have clearly understood on provided topics, and they have been able to apply these into their works (LAC is the facilitator). Total 1: 27 501 participants Participant Phnom Divorce 1 100 All attorneys of law have Penh (Bar participants understood on Association procedure/proceeding of ) divorce through the law court system (Bar Association is a facilitator). Phnom Arbitration 1 80 All attorneys of law have Penh (Bar participants understood on Association procedure/proceeding of ) divorce through the law
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court system (Bar Association is a facilitator). Total 2: 2 180 participants Workshop Facilitator/Organizer Phnom New Approve in 2 147 All judges and Penh and Child Justice participants prosecutors and other Siem Reap relevant officials have understood on approve working with children in justice system (LAC and MoJ are co-facilitators). Total 3: 2 147 participants Participant Phnom Presentation on 1 178 The action’s achievement Penh National participants of NCCT has been (Sokha Committee For satisfied by NGOs and Hotel and Counter polices (NCCT and APPLE Residence) Trafficking are the co-facilitators). National Action Plan 2015 and Report of Achievement in 2014 Siem Reap Women and 1 58 All participants have Province Housing Right understood on provided topics (UNWOMAN is the facilitator). SR province Parenting Skill 1 15 All participants have understood on provided topics and they have been able to conduct training in their own organization’s staff (ICS is the facilitator). Total 4: 3 251 participants Total 34 1079 1+2+3+4: participants
Results:
• Family Protection Networks (FPNs) were strengthened to prevent and respond to violence against children in six target districts, and as a result violence against children decreased. All FPN (CBCPMs) members have been active to report and respond on Child Protection cases
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• Child Council and School Support Committee members at 6 targeted secondary schools have strengthened their capacity/competence to play an important role to prevent and respond toViolence against Children in school. • Effective coordination mechanismswere established amongst CSOs at a provincial level. • Police,courts and relevant departmentswere included on issues regardingprotection and rehabilitation on Violence against Children issues. • 20% of village members (10% are female) in target areas have changed capacity to play their role to prevent, protect and made referral on the case of Violence againstChildren and other child protection issues in schools. • 10% of cases(among total cases received) on violence against children and other child protection issues were addressed and referred by judicial police and commune legal advisors base on their professional role and UNCRC standards. • Child victims received legal services from projects. • Children in conflict with law gained access to legal aid services provided by LAC.
Challenges
• Community member have different levels of knowledge and it was difficult for trainers to conduct training.At times agricultural cultivates and villager members were busy with their own work. • Child Council members at targeted schools have revised in every year so that it’s not very vigour and sustainable to play role on prevention and protection on Violence against Children. • As LAC project staff members have followed Plan International Cambodia’s policy of per diem cost ($2/day) for participants, there have been financial limitations on the project. Such funds usually only cover mornings but not afternoons. Thus, all project staff are so busy and hard working to conduct/organize meeting with target group in morning time only because they avoid from unfair providing per diem cost to participants.
B. JUSTICE FOR CHILDREN
This 3-year project aims to ensure that children in three provinces of south-east Cambodia are able to exercise their civil and political rights in the Cambodian justice system and in their communities. By strengthening systems and increasing the knowledge and skills of duty bearers at the national, provincial, district and commune level, will ensure children are aware of their rights, receive preventative support when vulnerable and receive appropriate protection, legal advice and support when they are in the justice system, whether they are in conflict with the law or are victims of abuse.
This project was funded by BIG Lottery Fund though Every Child UK,and will run from July 2013 to June 2016.
Geographic areas: Kampong Cham, Preveng, SvayRieng and ThmounKhmoum provinces.
Goal and Objectives
The goal of this project is to strengthen the access to and understanding of child rights across four provinces of Cambodia. In its current state, Cambodian law provides little protection to children, particularly those in contact with the law (accused and victims). By strengthening local community networks and facilitating training sessions at the local, provincial, and national levels, the project will Page 34 of 58
continue to foster heightened awareness and understanding of prevention and protection methods for violence against children.
Objectives
1) Greater access to information and increased levels of care and protection mean that fewer at risk boys and girls come into contact with the law (as accused and victims). 2) Increased numbers of boys and girls in contact with the law (as accused and victims) are able to access appropriate legal advice and support, resulting in their improved ability to exercise their right to care and protection.
Project Activities and Results
LAC took the lead for activities at the national and provincial levels, and was responsible for: • Training police, members of the judiciary, prison staff and other relevant government officials on international human rights and laws in relation to criminal justice system • Providing legal representation for CICL (victims and offenders) • Ensuring that procedures for integration for children who have been in detention are in place at the provincial level • Advocating for policy change regarding the detention of children and the approval and implementation of the Juvenile Justice Act through dialogue with local, national and international stakeholders.
Children in conflict with the law: When a child becomes in conflict with law, that child has the right to access to justice and a fair trial as protected by law. LAC worked to ensure this with children in conflict with the law. However, in practice, the child is not properly protected. Children arecoercedinto providing confessions, subject to threats and are often tried without the due process of the law and legal representation. In thepre-trial stage, police failed to inform children of their right to a lawyer and guardian when arrested.Pre-trial detention of the child is more excessive than the period law allows to detain the child.Even though the Ministry of Justice and Prosecutor-General of Appeal Court issued the direction to all courts to implement the child friendly procedure at each court in Cambodia, some of the courts are reluctant to do so because the lack of clear guidelines and resources for diversion program and monitor the children when court decides to send them back to community. Courts still sentencechildren in conflict with the law to jail for misdemeanors or for small cases.
Child victims of crime: In Cambodia, victims of crime often struggle to bring the perpetrators of crimes to justice due to a combination of cultural and social attitudes towards violence against women. This is largely due to a culture of impunity, unfair legal and judicial processes and lack of governmental assistance to victims of this violence.LAC worked with the provincial police and prosecutor at the investigation stage, to collect more evidence and to have regular meetings with them. Many cases of children as victims come through the court system during the reporting period were handled by Criminal Police Unit (CPU) as it is working nationwide through strong collaboration with the government, Ministry of Interior (MoI) from national to sub-national levels and with grant support for one provincial focal point and technical assistant within the respective provinces across Cambodia. CPU has also supported for short term rehabilitation and reintegration activities to children as victims through a residential care center, called Cambodian Children Fund (CCF).
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Some support has been provided during legal aid to ensure gender-sensitive aid for child victims. Child victim survivors must be prioritizedin privacy. Confidentiality must be maintainedduring the interrogation stage and trial phase, by government officials, prosecution and the media. Child friendly environments up have been implemented by the project lawyers such as the court screen to protect child victims from directly facing perpetrators. Female lawyers have also been made available to represent girl victims. Additionally, the government has, of its own accord, allocated one female police officer at the Anti-Human Trafficking and Juvenile Protection Unit of provincial police commissariat for cases related to girls/women.
Results
Less criticism from the police institution about court’s measurement or judge of putting the CICL under temporary release for the judicial supervision was believed that was the result of the improved work collaboration and communication among them.
The increase in frequency of releasing CICLs under temporary judicial supervisionis an important result of our programs.LAC also believes that national policies and guidelines that were recently issued relating to childrenhave positively impacted on the project results.
Legal representation by Child Justice Projects (January2015- December 2015)
Number Open Cases Closed cases Just Result Unjust Result Remain cases 139 94 36 22 14 103
• 75 cases for legal consultation
Challenges
LAC has been unable to provide the referral services to children as victims alone since the project started. LAC has identified and worked with 2 different mechanisms of government bodies and NGO sides. With the government bodies, LAC has worked closely with provincial Department of Social and Veterinarian and Youth(DoSVY), police commissariat and court. With NGO sides,LAC has worked with Child Protection Unit (CPU), which is working to provide the social support like food, transportation, medical examination, child’s education and/or vocational training to the children as victims. LAC worked withcriminal Police Unit (CPU) regarding referral cases where CPU has provided the support for the medical assistance and social support to children as victims. LAC lawyers are responsible for requesting the results for the forensics during the court process.
Three fundamental laws on the organization of the court, the status of judges and prosecutors and the organization and functioning of the supreme council magistracy related to Judicial and legal reform was passed in 2015. These will impact the project outcome, resulting in the improved understanding and practice of law enforcement actors through national capacity development and monitoring activities. The child friendly chamber will be established in each provincial and municipal court. However, Page 36 of 58
establishment and implementation of this law based on resources from the government and donors. CRI in collaboration with LAC and ministry of justice had organized study tour to an Australian court and organized national workshops in Seam Reap and Battambang in 2012. In 2015, CRI, LAC and MOJ organized two workshops on child friendly chambers in October 2015 with 250 participants from court officials, police officers and other government institutions. One was organized in Siem Reap and another was organized in Phnom Penh.
4. Women’s Justice Program
LAC’s Women’s Justice Program provides legal representation for both women in conflict with the law and female victims of crime (particularly domestic violence and sexual crimes) to ensure that they can receive justice from the courts through the successful prosecution of their attacker as well as obtaining civil compensation. The Women’s Justice Program also provides community education about the rights of women and campaigns against domestic violence and advocates for the protection of women’s rights as well as training to police, court and prison officials as to the rights of women upon entering the judicial system.
PROGRAM GOAL
The WJP focuses on access to justice for women by providing legal aid to vulnerable women, educating communities on women’s rights, training government authorities on proper implementation of women- related laws, and undertaking strategic litigation to achieve lasting change. Legal representation is provided to both the victims and the accused in and outside of the court. In addition, the WJP identifies strategic advocacy issues to enhance the protection of women’s rights.
Geographic scope: Phnom Penh, Battambang, Pailin, Kampong Thom and Siem Reap provinces.
Its areas of focus include:1) reducing domestic violence against women through Pillar of Justice meetings amongst relevant stakeholders, 2) enabling women to escape abusive relationships by making divorce proceedings better understood and easier to implement, 3) ensuring that the procedure for the treatment of pre-trial detainees is better respected and the possibility of pre-trial release is increased, and 4) Gain an increase in the percentage of convicted women granted remission, pardon or parole.
For women in conflict with the law, LAC provides legal representation for women accused of crimes, ensuring that they are subject to correct arrest; interview and detention procedures and can receive a fair trial. LAC provides training on the rights of female detainees to the police, courts and prison officials. Prison sentences are the ‘default punishment’, for even minor crimes. LAC is working with the Ministry of Justice and the courts to establish procedures for non-custodial sentences for minor crimes.
For women victims of crime, LAC works closely with women victims of crime and where appropriate assists women to press charges against their assailant as well as pursue civil compensation trough the court system. Domestic violence and sexual crimes are rife in Cambodia and a culture of impunity can
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make it difficult for women to bring to justice the perpetrators of these crimes. In an effort to reduce the incidence of domestic violence, LAC also provides community education on the rights of women to be free from violence and assists women in obtaining divorce in order to escape abusive relationships. The Women’s Justice Program gratefully acknowledges the support it receives from GIZ, and from DFAT.
The WJP consisted of three projects: (1) Access Justice for women project is funded by GIZ; (2) End Violence against women in Battambong and Pailin province and (3) Stop violence against women at entertainment places project in Phnom Penh. Both projects are funded by DFAT.
These three projects focusing on projection of the victims and help victims to get to legal remedy and prosecute the perpetrators in courts.
PROJECTS OPERATING WITHIN THE WOMEN JUSTICE PROGRAM
A) PROJECT OF ACCESS TO JUSTICE FOR WOMEN
Background
The project titled, “Access to Justice for Women in Siem Reap and Kampoong Thom” has been funded by GIZ and the Ministry of Women’s Affairs from the 1st January 2012 to 31st January 2013. After this time the project was funded by DFART through GIZ. The project lasted for 12 months, running from the 1st of January to the 31st of December 2015
Goal and Objectives
To ensure access to justice for women and girl survivors of gender-based violence (GBV) in Siem Reap and Kompong Thom provinces.
Objectives
1. To ensure women and girl survivors of GBV, particularly sexual and physical violence, in Siem Reap and Kampong Thom receive quality legal assistance and representation within the Cambodian justice system; 2. To improve cooperation between all judicial stakeholders and other related service providers in order to establish and strengthen the referral system for women and girl survivors of GBV; 3. To strengthen performance of judicial stakeholders in delivering public service, especially concerning GBV cases.
Access to Justice for Women in Siem Reap and Kampong Thom
Activities
1. Provide legal representation to women and girl survivors of gender based violence, especially relating to sexual and physical violence in Siem Reap and Kampong Thom
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2. Cooperate with the Women’s Affair Department to organize case referral system meetings in Siem Reap and Kampong Thom. 3. Attend DCWC network meetings organized monthly by the district committees on women and children and organize criminal justice stakeholder meetings
Legal Presentation (January 2015-December 2015) No Number Open Closed Just Result Unjust Result Pending cases Cases cases 1 101 17 26 25 1 84
2 159 ( 80 79 67 47 20 92 cases carried forward from last report)
Note: 20% of total open cases through conciliation outside the court system by commune counselors with assistance from LAC lawyers
Results
• Women and girls who are survivors of gender-based violence are effectively supported and receive legal representation both inside and outside the court system. • Women in conflict with law or victims have access to legal aid, seeking legal remedies through legal aid representation in court system or outside court system. • Advocacy through LAC criminal justice actors meeting is one way for all stakeholders to raise and discus sex tensively and openly on women’s issues and violence against women in order to establish a legal solution. • Local authorities have improved functioning roles in providing legal public services for project cases. • After ongoing issues were discussed in the meetings, follow-up actions were effective and responsive. • The omission or delay of action by court and police is taken or speedy after the meeting. • Police and court change the behavior in terms of improperly proceeding or violation of legal proceedings. • A functioning referral system is supported and has been effectively implemented in Siem Reap and Kampong Thom
Challenges:
- The court administration is not functioning properly due to the limited skills of court; administration staff;
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- Slow court procedures have become an obstacle to LAC works. - Some court officials do not want to cooperate with NGOs and are not sufficiently committed to public interests. - Gender issue is still a challenge especially in divorce cases since spouses are cohabitating without civil status and it is hard for lawyers to help women in these circumstances. - Community and police still view domestic violence as a private family matter so they do not intervene in a timely manner when violence occurs. - Women victims of violence and working at entertainment places such as beer launchers, restaurants, karaoke places and other likes are afraid to take action against perpetrators because they fear that the perpetrators relatives will take revenge on them.
B) PROJECT FOR ENHANCING THE RIGHTS OF WOMEN AND CHILDREN (ERWC)
Background
This is an ongoing project for LAC. The project activities are undertaken in Battambang and Pailin Provinces, specifically within four target districts (Banan and Samlot district of Battambang province, and SalaKrao and Pailin district of Pailin province). The project focuses on the violation of the rights of vulnerable people, particularly women and children who are victims of domestic violence and sexual abuse. LAC’s pilot project conducted a baseline survey in Pailin Province in early October 2012 in order to explore the causes and effects of domestic violence and sexual abuse in this province and the services currently offered there to victims. This project has been supported by DFAT for a period of three years, running from March 2013- February 2016
Goal and Objectives
1) Continue to strengthen the existing sub-national levels combating domestic violence and sexual abuse. 2) Increase the ability of victims of domestic violence and sexual abuse to assert their rights.
Project activities and results
1. Support quarterly meetings of Criminal Justice Actors in Pailin and Battambang provinces to discuss and solve issues of criminal and civil proceedings
- 8 meetings of Criminal Justice Actors (CJA) have been organized in Pailin and Battambang provinces. In each meeting in the target provinces there were about 40-50 members including 10-20 women. A total of 99 members (28 females) regularly attended the meetings in the two provinces.
- 4 meetings were held in Battambang province with approximately 54 participants (13 females) and another 4 held in Pailin province with about 45 participants (15 females).
- Pailin and Battambang courts have applied the penalty of community services for minors who are in conflict with the law and worked closely with concerned agencies to support and follow up those children.
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- 3 children were temporally taken away from their parents, to an orphanage by a Pailin prosecutor in close cooperation with Pailin department of social affairs.
- Referral services for victims of survival domestic violence arranged and acknowledged by concerned members.
2. Support Provincial Women’s and Children’s Consultative Committee (PWCCC) in Pailin and Battambang provinces to organize monthly consultative meetings.
- 19 meetings of Provincial Women’s and Children’s Consultative Committees supported with approximately 52 members (25 females) both Battambong and Pailin Provinces. - 9 times in Battambang with about 27 members (15 females) - 10times in Pailin with about 25 participants (10 women).
3. Strengthening the target D&CCWCs to coordinate monthly round table discussion to address women and children issues and provide capacity building for D&CCWCs' members on gender- based violence, sexual abuses and methodology to identify, collect, analyze information.
- 4 targeted districts (Bannan, Samlot, Salakroa and Pailin) of Pailin and Battambang provinces, 44 times of D&CCWCs’ monthly round table discussion with approximately 93 members (57 females) conducted in Battambong and Pailin Provinces. - 23 meetings in Battambang with about 48 members (33 females) - 21 meetings in Pailin with about 45 participants (24 females).
4. Provide capacity building training on gender based violence, related articles of Criminal Procedure Code, Penal code, and relevant legal instruments to judicial police at all districts in Battambang and Pailin.
- 6 capacity building training sessions conducted in Pailin and Battambang provinces. There were 156 participants (61 females) were invited to attend the legal trainings.
- 8 cases referred by judicial police: 4 cases for domestic violence and sexual abuses were referred from Samlotdistrict and 3 cases of gender- based violence and divorces referred from Pailin, and 1 case of domestic violence referred from Bovel district.
5. Provide legal consultation and representation for women and children - 47 cases (6 civil cases and 41 criminal cases) of survivors of domestic violence and sexual abuses in Battambang and Pailin represented by LAC.
- 25 cases successfully closed and other 22 cases were pending. There are about 12% of divorce case and 88% of sexual abuse. Only 6 cases in Pailin and 41 cases in Battambang province.
6. Conduct client reflection review to improve LAC legal aid services.
- 9 clients were selected and interviewed, they were asked to reflect on the legal aid services provided by LAC’s M&E Officers.
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7. Organize radio talk-show programs in the target provinces.
- A total of 11 radio talk-show programs organized in Battambang and Paillin were introduced. These programs covered legal procedure, coordination services for victims and other protection mechanisms for women and children. The programs aired on FM 92.7 MHz station, which cooperates with the ABC radio station in Battambang, and FM 90 MHz station in Pailin province.
- Radio programs also discussed the judicial process. During these sessions, there were about 21 callers (8 females), talking about divorce related cases out of the court system, divorce cases through court proceedings, human trafficking and sexual abuse, and other concerning topics. Speakers provided answers corresponding to the questions.
8. Raising awareness in communities in order to educate local people as to the basic concepts of gender-based violence.
- 6 community awareness session were conducted with 596 (305 females) participants in attendance in Battambang and Pailin. The session provided locals with information about prevention of domestic violence and sexual abuse, related articles of marriage and family, and other available social and legal services for victims. Possible solutions were also provided in the sessions.
Results
• The project has indicated that, there were some prioritized issues concerning women and children raised and solved by CJA’s members. In fact, 3 rape cases, which were discussed by social and women affair officials during the meetings were then sped up and addressed by court officials. The procedure of referral raping cases to analysis had been more improved • The meetings served as important roles to raise, update and solve women’s and children’s issues in the communities in term of social support and sometimes also legal issues. Members of PCWCC were well informed and cooperated to address cases of gender based violence such as coordinating to refer survivors for social support and legal support from networks and partners. • Targeted D&CCWC’s members are well educated and able to intervene and solve cases related to gender-based violence. Some cases were not intervened and solved at their levels so they referred those cases to provincial level to get more advice and intervention. • D&CCWC members raised common issues and problems: Pailin district, no action was taken by the commune against primary-school teachers who committed domestic violence in their family because the offender and commune police were friends. • In Samlot and Battambang: D&CCWC’s members successfully addressed divorce cases where couples got married without registration or a marriage certificate. • Judicial police gained a solid understanding on relevant topic. • Communities shared their understandings about gender-based violence through LAC public awareness campaigns. • All Survivors of domestic violence and sexual abuses, represented by LAC, felt satisfied by LAC legal services and secured through justice system. • People in both Battambang and Pailin provinces communities used LAC services by directly coming to the LAC office and asking for legal consultation. . • Local communities who attended outreach programs are now aware of how to access legal services.
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• Based on questionnaires of LAC’s client intake form, some cases received information from commune chiefs and their neighbors who had participated in LAC’s outreach activities.
Legal Representation for BTB and Palin (January – June 2015) No Number Open Cases Closed cases Just Result Unjust Remain cases Result cases 1 47 47 25 20 5 22
Total 47 47 25 20 5 22
(July –December 2015) No Number Open Cases Closed cases Just Result Unjust Remain cases Result cases 47 22 25 24 1 22 total 47 22 25 24 1 22
Training/Workshops BTB and Palin Training activities (January 2015-June 2015)
No Where Topics # of training # of Remark sessions participants 1. Battambang Law on 22 596 (305 6 Community and Pailin domestic females) training violence Battambang Criminal 6 sessions 156 (61 Police and duty 2 and Pailin procedure females) bearers training relating violence against women Total 28 sessions 752 (366 females)
Training/workshop Activities (July - December 2015) Activities Where Topics # training # of Remark sessions/ participants Workshop 1. -Banon Gender based 2 53 -Salakrao violence 2. Battambang Criminal actor 2 100 and Pailin meeting 3. Battambang PWCCC 4 100 and Pailin 4. Banon D&CCWC 4 100 5, Samlot D&CCWC No action for July
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until to December 6. Pailin town D&CCWC 4 80 7. Salakrao D&CCWC No action for July until to December Total 16 433 Results • Clients used LAC’s legal service. • Clients had easy access to legal aid provided by LAC lawyer • Clients shared LAC’s service to other local people and assisted them in accessing LAC’s service. • Clients understood and gained knowledge through community education or material leaflets for their communities.
Lessons learned (Challenges)
• LAC recognizes that the project would not have been successfully achieved without the cooperation and network relationships with national and international NGOs, local government authorities, judicial police, and court officials. The successful level of cooperation, facilitation, and discussion which has occurred between LAC and the relevant local government authorities regarding child protection and the rights of the women and children, demonstrate that local authorities appreciate being part of the LAC Project. • Regular project meetings and quarterly meetings with the head office of Legal Aid Cambodia served as important forums for internal discussion and information sharing. The monthly Project meetings were only attended by the project staff members. This particular forum allowed staff involved in the project to discuss the progress and the implementation of project objectives case by case. Community and other stakeholder capacity building, or training activates, were also able to be discussed in detail, and recommendations made for the upcoming monthly plan of action. • It is very important for LAC to provide technical support to D&CCWC members in how to address the women and children cases, especially cases of domestic violence. As a result D&CCWC is able to work more effective with the new gained information. In cases regarding, for example, domestic violence, dropping out school, drug abuse etc., they are able to provide counseling and education to people in need. If there are cases that D&CCWC is not able to work on they can bring this topic to the Criminal Justice Actor meetings to address this important issues. • LAC observed that it is very important to involve officials from district, commune and provincial levels in the Criminal Justice Actors meeting for sharing a good practice, challenges, knowledge and lessons learned regarding women and children issues and also general understanding for important themes directly to each other. Furthermore we are building stronger relationships between district, commune and provincial levels working on women and children issues.
LAC LEGAL AID SERVICES
Legal representation by types of programs(January 2015-June 2015)
Program Total Open new Closed just unjust Pending case cases cases General 31 10 13 7 6 18 Legal Aid
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Land 9 0 0 0 0 9 Rights Child 82 36 37 32 0 45 Justice Women 147 17 51 45 7 106 Justice Total 269 63 101 84 13 178
Legal representation by types of programs(July 2015- December 2015)
Program Total Open new Closed just unjust Pending case cases cases General 24 12 12 10 2 12 Legal Aid Land Rights 9 0 0 0 0 9 Child Justice 155 106 40 24 16 115 Women 206 102 92 84 8 114 Justice Total 394 220 144 118 26 250
Training by Type of Programs January 2015- June 2015
No of Program/ No of Topics training/ Location Project Participants Workshop -Siem Reap General Aid - Public awareness -Kam Pong Cham - Legal rights 82 Program 3807 -Kro Ties - Land Rights - Posat provinces Social land Land Law concession, land law 10 257 Phnom Penh Program and circular 03 Violence against Phnom Penh Women Justice women and law 56 1004 Battambang related -Siem Reap -Prey Veng Juvenile Justice and Child Justice 63 1836 -SvayRieng law -Kampong Cham provinces Total 410 10,029
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Training by Type of Programs July 2015- December 2015
No of Program/ No of Topics training/ Location Project Participants Workshop -Siem Reap province General Aid Public awareness Legal rights 90 and Phnom Penh Program 3,693 Land Rights
Social land Land Law Phnom Penh and Siem concession, land law 43 2,093 Program Reap provinces and circular 03
Violence against Pailin and Women Justice women and law 16 433 Battambang provinces related -Siem Reap -Prey Veng Juvenile Justice and Child Justice 34 1079 -SvayRieng law -Kampong Cham provinces Total 183 7,298
LAC’S CORE OPERATION ACTIVITIES
A) PUBLICATION Within the reporting period, LAC published any document but LAC has hired consultant to conduct research on “CALENDAR 2016: VIOLENCE AGAINST CHILDREN)”. AND “LEAFLET: LAND RIGHTS”
B) HUMAN RESOURCES DEVELOPMENT
CAPACITY-BUILDING LAWYERS AND STAFF: IN HOUSE-TRAINING
LAC has organized one day in-house training to its lawyers and legal assistants in Head Office in Phnom Penh on 26 June 2015 and 9 December 2015. The training was conducted by French lawyer, who come from French Cabinet of Minister on defending techniques and how to write court brief. There were 10 LAC lawyers and 6 legal assistants who participated in the training session.
The December training on report writing was conducted by a French expert sponsored by the Planete Urgence, a French NGO that provides logistical and technical support to other NGOs around the world.
ATTENDING EVENTS ABROAD
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1) Mr. Run Saray attended a Workshop on ‘Law in the Struggle for Dignity and Justice’ 21st – 23rd March 2015, Bangkok, Thailand, organized by Asia Institute for Human Rights. 2) Mr. Touch Chyva, project manager and lawyer of Justice for children project, attended three days conference on “Asia People Forum for Human Rights “in Malaysia, from 21-24 April 2015.
LIST OF LAC’S DONORS FUNDING FOR YEAR 2015
Donors Projects Grant Period Amount
The Planet Wheeler January 2015- Foundation Legal Aid for Poorest people $ 50,000 December
Legal Representation for Civil Parties at Extraordinary Chambers March 2015 to GIZ $ 15,000 in the Courts of Cambodia (ECCC), December 2015 General Legal Aid
Legal Consultation and Training to April 2015 – $ 40,000 GIZ Communities in Phnom Penh, Land December 2015 Law Program
Access to Justice for Women, KompongThom and Siem Reap January 2015- $ 126,746.77 GIZ provinces, Women Justice December 2015 Program
Enhancing the Rights of Women March 2013 – $ 20,726.19 DFAT and Children, Child Justice Program February 2016
October 2014 to $ 53,589.75 French Embassy Khmer rouge civil party December 2015
Family Protection Network January 2015- $ 73,866.00 Plan International inSiemReap province, Child Justice December 2018 Program
Promoting Child-Friendly Communities through the January 2014 – $ 161,258.12 Plan International Development of a National Child December 2016 Protection System in Cambodia, Child Justice Program
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Big Lottery Fund/Every Justice for Children, July 2013 to July $ 149,337.12 Child Child Justice Program 2016
Empowerment of Civil Society advocating for the rights of the May 2015 – April $ 51,479.49 ADDA urban poor in Siem Reap, CISUP, 2016 Land Law Program
July 2013-July, $ 7,527.27 2016 Acted General Legal Aid
Total $ 564,193.59
HUMAN RESOURCES
1. LAC’S STAFF MEMBERS
LAC employs 56 staff members which comprises of 33 male and 23 female, 17 of whom are lawyers. Currently LAC maintains offices in Phnom Penh, and provinces of Battambang, Siem Reap, and Kampong Thom, and satellite offices in Pailin, Prey Veng, and SvayRieng.
In order to reduce core costs LAC has moved its office to another smaller place near the former one.
2. STAFF MOVEMENT During this reporting period, 5 staff resigned to take new opportunities at other institutions and 5 staff members were recruited. 1 staff member was transferred from Siem Reap branch office to Phnom Penh Head Office.
3. STAFF CAPACITY-BUILDING • Ms. Yin Sundarinet, finance manager and Mrs. ChakSolyneth, finance officer attended two finance learning forums conducted by CCC. • Mr. SengMonvichet, Admin& HR manager attended two human resource learning forums conducted by CCC. • Mr. Run Saray, executive director and Ms. SokSokha, project manager, attended 7 days of workshop at Macquarie University under sponsors from PACE International program in October 2015.
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LAC also organized one day-report writing in our offices on 9 December 2015. 50 staff members from provinces attended this training and it was facilitated by the French Expert provided by Planete Urgence.
MANAGEMENT AND GOOD GOVERNANCE
1- BOARD MEETINGS
The first meeting was conducted on 3 April 2015 and another meeting planned to delay to 9 January 2016 due to Board members were so busy.
2. MANAGEMENT TEAM MEETINGS LAC’s Management Team (MT) consists of the Executive Director, the Finance Manager, the Administrative and Human Recourses Manager, and other program managers. MT is responsible for LAC management, good governance, program strategy and other internal issues related to LAC.LAC management meetings are held monthly chaired by rotation role. In reporting period, LAC has conducted four MT meetings. The meeting discussed internal issues, project issues, good governance, management improvements, and decision and action points that LAC needs to be addressed.
3. FINANCIAL AUDIT During the reporting period January to June 2015, three independent auditors conducted auditing of LAC financial transaction for 2014: (1) LAC global financial audits; (2) special audit of three year project funded by PLAN International; (3) Three-Year project audit funded by Friend International. These special audits were requested by donors.
During the report period of July to December 2015, there was no audit. However LAC audited its financial transaction for 2015 in February and in May for global auditing.
These audits are important for LAC to measure how good or bad the financial management of its team is. It allows LAC to know what points should be improved, and it also verifies the good governance, transparency and financial control mechanisms so that there is no fraud or corruption. LAC has sent the global audit reports to it donors.
3. VOLUNTEERS Volunteers help LAC and projects in many ways, such as in assisting project lawyers to research laws, to conduct legal analysis, to edit reports and to draft proposals. LAC arranged for them to visit project activities in the field in the provinces, observe case hearings in court and attend workshops and other public events.
a. International volunteers During the report period, LAC received placement of 4 foreign interns/advisor who came from Universities in Australia and The United States.
• 1volunteerstudentfromthePaceProgramsentbyAVItoworkingfor12 weeks from December 2014 Page 49 of 58
toFebruary2015. • 2 volunteersfromCanadaforworkingwithLACfor2months from July to August 2015. b. Local Volunteers
Beside foreign interns, LAC received 7 volunteer local students from Universities in Cambodia.
• 2 students worked at LAC Phnom Penh head office • 2 students worked at LAC Siem Reap branch office • 2 students worked at LAC Battambang branch office • 1 student worked at LAC Kampong Thom branch office
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ANNEXES 1. Supervisory Board Member list 2. LAC structure 3. Photos about LAC project activities
SUPERVISORY BOARD MEMBERS Name Board Position Paid / Volunteer Ms. ChimManavy Chair Volunteer Executive Director, Open Institute Mobile: +855 12 964 286 Email: [email protected] Mr. SounprasethPrum (Praseth) Vice-Chair Volunteer Associate, Allens Arthur Robinson (Cambodia) Address: 72 Street V1, off road 273, ToulKok, Phnom Penh, Cambodia. Mobile: +855 12 800 188 Email: [email protected] Mr. Nick Rine Member Volunteer Professor, Clinical Law Program Address: University of Michican Law School, 360 Legal Research Building, Ann Arbor, MI – 48109 – 1215, United States of America. Mobile: +1 734 358 0398 Voice: +1 734 763 4319 Email: [email protected]
Ms. Colleen Moore Member Volunteer Address: 15-17 Fitzgerald Street, Camperdown, Sydney, 2050, Australia. Telephone: + 61 2 9217 7116 Mobile: +61 419 128 272 Email: [email protected] Touch Bora Member Volunteer Private Lawyer Address: P.O. Box 804, Fairfield, NSW, 1860, Australia. Telephone: +61 2 9310 7290 Email: Page 51 of 58
[email protected] Mr. Sun Chan.ndaraWuddh Member Volunteer Executive Director CTC, Professor at RULE, Attorney of Law Address: #32, St. 188, SangkatPhsadepo I, Khan, Tuolkok, Phnom Penh, Cambodia. Mobile: +855 11 777 777 Mobile: +855 12 345 666 Fax: +855 12 801 699 Email: [email protected]
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LAC STRUCTURE
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Photo1: Community human Rights Training
Photo2: Community Human Rights Training in Siem Reap
Photo 2: Community Human Right Training (Siem Reap)
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Photo 3: Victim of domestic violence in Kampong Thom
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Photo4: LAC lawyer provides legal assistance to victim of domestice violence in Kampong Thom province
Photo5: LAC provided food support to the child victim family in Siem Reap
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Photo6: LAC supports and works with child club in Siem Reap
Photo 7: Capacity building commune counselors at Pailin province
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Photo 8: Criminal Justice Actor Meeting in Pailin Province
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