Logo of Phnom Penh Post newspaper Phnom Penh Post - Legal policy on marginalised groups finished by gov’t, EU

Legal policy on marginalised groups finished by gov’t, EU

Content image - Phnom Penh Post
From left; legal adviser Kai Hauerstein; Chin Malin, undersecretary of state; and Claudia de la Fuente, the rule of law unit head at the Office of the United Nations High Commissioner for Human Rights. Heng Chivoan

Legal policy on marginalised groups finished by gov’t, EU

Ministry of Justice and the European Union (EU) experts have finalised the draft policy to provide legal aid to marginalised groups in rural areas in the Kingdom.

The ministry and the EU completed the draft during their Technical Support for Legal Aid Policy Development workshop on August 31.

Ministry spokesman Chin Malin said the legal aid policy was created to help channel legal assistance to the disabled, women, children, and ethnic minorities.

“We will provide [free] legal advice and lawyers to any person who cannot afford such service. This will ensure justice is served to those who are in need,” Malin said.

He said if people are entangled in litigations and do not have access to legal assistance, they could lose their case in court.

“When no one helps them, they will be under pressure [because] they do not know how to solve the case and could commit some inappropriate act like using violence. So legal aid helps to maintain harmony in society,” Malin added.

The ministry is working along with the Bar Association of the Kingdom of Cambodia (BAKC), to provide voluntary lawyers and manage the budget to carry out legal aid as well.

And the funding for this has been increasing annually – from 200 million riel ($49,000) last year to 800 million riel this year. Next year, the budget is expected to be raised to 1,200 million riel, he said.

“The BAKC assigns lawyers while the ministry pays for their services, such as for transportation and food,” he said, adding that nearly 500 lawyers are currently working on a voluntary basis to provide legal support.

“It is social work, so the ministry grants the money to encourage them,” Malin said.

However, he cautioned that the service cannot be sustained indefinitely. “Due to a shortage of funds and the few lawyers who volunteer, this service remains limited. People do not always perform volunteer work. Someday lawyers could face economic hardships and they could stop [providing such services].

“Therefore, it may not be sustainable in the future, but to ensure it is, we created the Legal Aid National Policy,” he said.

For almost a year, experts from the ministry and EU studied models in various countries, especially from the region, to develop and fine-tune the draft policy.

Claudia de la Fuente, the Rule of Law Unit's head at the Office of the United Nations High Commissioner for Human Rights (OHCHR), said the policy is vital for Cambodia and inputs from various stakeholders will be included in the draft.

“I believe the policy will move in a positive way with the actual participation of relevant parties and their voices will be heard,” she said.

Simone Pieri, who is part of the EU’s delegation, welcomed the draft policy.

“Although Cambodia offers legal advice in its judicial system, it lacks the framework to give legal aid effectively to the vulnerable people,” he said.

He said the EU wants to see the rule of law implemented so people have access to justice, as it is crucial to maintaining social stability in the country.

MOST VIEWED

  • Man arrested for fake PM endorsement

    The owner of currency exchange company GCG Asia Co Ltd was temporarily detained by the court yesterday for attempted fraud after Prime Minister Hun Sen reacted to the company using his name and pictures to allege his endorsement of the firm. Phnom Penh Municipal Court

  • Archeologists find ancient phallic statue

    An archeological team has found a metre-long tipless stone linga (penis) of the Hindu deity Shiva in the foundations of a temple in Kratie province’s historical Samphu Borak area, a former capital of the pre-Angkor Empire Chenla period. Thuy Chanthourn, the deputy director of

  • Sihanoukville authority orders structure dismantled

    The Preah Sihanouk provincial administration has ordered owners of two unauthorised construction sites to immediately dismantle them and warned of legal action if the owners failed to comply. Ly Chet Niyom, development management and construction bureau chief at the provincial hall, told The Post on

  • Police seek arrest of Chinese ‘gang’

    Cambodian police remain on the lookout for 20 Chinese nationals who earlier this month posted a video clip threatening to stoke insecurity in Preah Sihanouk province, though the Chinese Embassy in Phnom Penh maintained the group posed no threats to Cambodia’s national security. National Police