Developing legal aid systems in Asia-Pacific region

Developing legal aid systems in Asia-Pacific regionNick BoothProgramme Advisor – Governance, Conflict Prevention, Access to Justice and Human RightsUNDP Bangkok Regional Hub

Legal aid in Asia-Pacific:Great diversity and rapid developmentA significant minority of countries (10) have constitutional provisions mandating legal aid (but only 4 of those have legal aid legislation to implement it)A significant minority of countries (11) have legal aid legislation or are developing it, and these generally have state authorities overseeing and providing legal aid (Bangladesh, China, Fiji, India, Indonesia, Mongolia, Nepal, Singapore, Sri Lanka, Viet Nam) but with differing mandatesBar Associations play key role in providing legal aid in a number of other countries (Laos, Malaysia, Pakistan, Philippines, Thailand). Pro bono lawyering is in early stages but growingNGOs are active in providing legal aid in almost every country, and in some (Cambodia) they are the only providersUniversity law clinics are playing a growing role across the region (China, India, Indonesia, Malaysia, Myanmar, Pakistan, Singapore, Thailand, Viet Nam)

UNDP support to legal aid developmentFor UNDP legal aid is inseparable from access to justice, and access to justice is necessary for fighting poverty, inequality and exclusion. So legal aid is (or has been) part of every rule of law/access to justice programme of UNDP; and those programmes are a core part of our work in 14 countries in Asia-Pacific (and growing)

Principles and values underlying UNDP supportoNot just criminal law – because people need the law to protect them from domestic violence, protect their land and livelihoods, their right to education and health….oNot just courts, because most disputes are solved more easily and cheaply through other meansoNot just lawyers – because there are no lawyers where most poor and vulnerable live, because paying lawyers is unsustainable and in most cases unnecessary

UNDP support to legal aid development Our support varies on country context and stage of development, from:Research, assessment, policy dialogue, consultation (Maldives, Myanmar, Thailand)Supporting implementation of national framework (Afghanistan, Indonesia)Supporting legal aid clinics, whether run by government (Bangladesh, Nepal, India, Sri Lanka), Bar Associations (Pakistan, Laos) on NGOs (China, Viet Nam)Supporting university law clinics (Myanmar, Nepal, Pakistan, Viet Nam)Supporting pro bono initiatives (regional)

Wherever possible we support states to pilot legal aid models and then institutionalize them (case study: Mongolia)

UNDP support to legal aid development in Mongolia 1992 Constitution guaranteed the right to receive legal aid, but it remained unimplemented until after 2000

2003-2005 first pilot legal aid centres (Ministry of Justice/OSF)

2006 Mongolian state policy on legal aid for the poor

2007-2011 UNDP supported MOJ to establish Legal Aid Centres at district (aimag) level, with initial Government contribution of 5 million MNT (2008).

37 legal aid centres staffed by 72 public defenders fully handed over to Government by 2012

2013 Law on Legal Aid to Indigent Defendants, budget of 1480 MNT in 2013 (300-fold increase)

Criminal legal aid in Afghanistan

Women’s legal aid clinic in Malakand, Pakistan

Beijing Zhicheng Migrant Workers Legal Aid and Research Centre (NGO)

Research and advocacy

Community teaching on HIV/AIDS by law students in Viet Nam

Law students teach factory workers about their rights in Viet Nam

Promoting pro-bono law across the region

Promoting pro-bono law across the region

Tashi Delek!