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LEGAL AID CAMBODIA
Project Name: Legal Aid Cambodia
Date: November 26, 2013
Project Contact
Name,
Position
Address
Phone(s)
Fax
E-mail
ILP Contact
Run Saray
Executive Director /
Ny Chandy
Legal Director
Legal Aid of Cambodia
#57-59, Street 516, Sangkat Toul Sangke,
Khan Russey Keo, Phnom Penh, Cambodia
Anna Leggett
Project Director
012 385155
023 864 201/202
023 864 203
lacdirector@online.com.kh
nychandy_ltl@yahoo.com
416-886-0272
Background/History
309 - 35 Hayden Street
Toronto, Ontario
M4Y 3C3
AnnaLeggett@osgoode.yorku.ca
Part I: Introduction/Background
From 1975-1979, Cambodia’s legal system was completely destroyed. Prosecutors, legislators,
lawyers and judges were executed by the Khmer Rouge or perished as a result of starvation, disease
or forced labor. Law books were burned and courthouses were converted to slaughterhouses. By
the time the Vietnamese-backed regime was proclaimed in January 1979, only a handful of legal
personnel were known to remain in the country. As a result of the deaths and departures of
Cambodia’s legal professionals, the country currently faces a severe shortage of lawyers and trained
professionals that can provide legal services to the indigent. Recognizing this need, LAC was
launched as a Khmer-run initiative to provide legal services for the poor. In 1994, international
non-governmental organizations began to train legal defenders to represent imprisoned Cambodians
who could not afford to pay for legal services. These trained defenders provided the first public
defender service in over two decades. In December 1995, LAC opened its offices to provide
professional legal services for the poor in both civil and criminal matters through its main office in
the capital Phnom Penh and through its eight permanent provincial offices. In 1996, LAC staff
handled over 690 criminal and civil cases. In 2000, LAC’s fourth full year in existence, LAC lawyers
and staff handled close to 2,500 cases and its caseload and resources continue to grow. For more
recent statistics, please see LAC’s Annual Reports at http://lac.org.kh/en/?page_id=152.
Mission/Values
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Legal Aid of Cambodia (LAC) is a non-governmental, independent, Khmer-administered, non-profit
and non-political organization founded in 1995. LAC’s mission is to provide free, quality legal
services to and advocate for Cambodia’s poor in both criminal and civil cases. LAC is one of the few
legal aid organizations in Cambodia to maintain a significant, permanent presence in rural Cambodia
where 80% of the population resides. LAC maintains offices in seven locations: Phnom Penh (Head
Office), Battambang, Siem Reap, Banteay Meanchey, Kampomg Cham, Kampong Thom, Preah
Sihanouk. LAC envisions a just and fair Cambodian society, where everyone enjoys equal rights
before the law. Its mission is to provide quality legal aid, legal and human rights education/outreach
and advocate for the poor in Cambodia in order to ensure access to justice, promote respect for the
law and human rights and advance legal and judicial reform.
Initiatives of ILP Interest
Land Law Program: During the Khmer Rouge regime which governed Cambodia from 1975 to 1979,
private property was abolished. Throughout the duration of the regime and following civil war,
property records were destroyed and many citizens were displaced from their traditional lands. As a
result, there is a lack of certainty over land ownership which has persisted to this day. The present
Cambodian government, in its efforts to spur development in the country, has adopted a policy of
granting “Economic Land Concessions” to corporations. Given the uncertainty over property titles,
this has led to frequent ownership disputes which have pitted wealthy investors against poor
subsistence farming communities. LAC’s Land Law Program works to protect the interests of poor
landholders in land disputes associated with the granting of economic land concessions. In past
years, the Land Law Program operated primarily in Rattanakiri, Mondulkiri and Kratie provinces.
Child Justice Program: This program provides support to both children in conflict with the law and
child victims of crime. It works to protect the rights of children, both under Cambodia’s national
laws and through the United Nations Convention on the Rights of the Child (UNCRC). The Program has
three main focus areas: working with the Ministry of Justice to pass a Juvenile Justice Law; the
establishment of a child-friendly chamber in the Battambang provincial court; and establishing
alternative sentencing programs for child offenders.
Tasks/Activities
The intern placed with the Land Law Program will assist LAC in launching its two new land right
projects in Phnom Penh and Siem Reap province. S/He will need to develop familiarity with
Cambodia’s land laws, conduct analysis of case files and develop reports, as requested. The intern
placed with the Child Justice Program will conduct a research project on child labour. S/He will be
expected to analyze labour laws in Cambodia and other jurisdictions, conduct interviews with other
NGO’s about their experiences with child labour and prepare a research report.
It is anticipated that both interns will be required to complete administrative tasks as needed. In
particular, interns at LAC have generally been asked to: find and complete funding proposals, edit
internal documents and external reports to stakeholders, construct templates for internal project
evaluations, etc. Further, fellows who go to LAC should be prepared to assist other programs as
requested or seek out opportunities with other units when necessary.
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Part II: Initiative Area of Focus
What will be ILP’s role in the initiative?
ILP’s role will be to send two fellows to Phnom Penh to provide assistance to LAC in launching these
projects. If ongoing assistance is required, additional aid could be provided through creating a remote
research opportunity so that Osgoode students can conduct research for LAC during the school year.
What will the initiative accomplish (i.e. its purpose)?
• Land Law Program: The aim of LAC’s Land Law Program is to protect the interest of poor landholders
in land disputes associated with the granting of economic land concessions. As a result, assisting LAC
in extending these services to new areas - namely, Phnom Penh and Siem Reap province - will expand
the number of impoverished property owners in Cambodia assert their rights to the lands they inhabit
against attempts by the state to seize these lands for the purposes of economic development, without
dealing with preexisting land claims.
• Child Justice Program: LAC’s Child Justice Program attempts to ensure that the rights of children are
protected, both those guaranteed under the laws of the Kingdom of Cambodia and those contained
within the UNCRC. LAC does not currently have a program that explicitly addresses the issue of child
labour in Cambodia. As a result, the fellow who works on researching this topic will be providing LAC
with valuable assistance in determining how it should work to address child labour in the Cambodian
context.
• In a broader sense, fellows will support LAC by strengthening its capacity to provide quality legal aid,
legal and human rights education/outreach, and advocate for the poor in Cambodia. They will
accomplish this by providing any assistance to their projects or by flexibly working with other
programs, as requested.
Part III: Relationship to ILP’s Mission and Values
How does the initiative relate to ILP’s mission, goals and objectives?
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Fellows at LAC will be tasked with conducting research projects and providing assistance to
the organization, as necessary, throughout the duration of their stay. Given that LAC’s
operates in the public interest, fellows will be furthering ILP’s mission to provide public interest
legal research and assistance for the Global South.
•
Their work conducting comparative studies of legislation and implementing new land
programs will also directly serve to advance legal research and policy development at LAC.
•
Students working at LAC will be exposed to an international practice context and their experiences
will hopefully stimulate interest and professional development in public interest issues in international law.
In particular, given the focus of the placements this year, students will be stimulated to learn
more about issues concerning child labour and the relationship between land rights and
development. Additionally, it is hoped that fellows will become meaningfully engaged in obtaining
a global legal education by taking advantage of the opportunity to practice in an international
context and by their experiences in a different legal jurisdiction.
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While participating in their fellowship, working with the staff at LAC will entail exchanging
views, ideas and information concerning international legal research and policy development. LAC relies
greatly on the skills and expertise of its student interns, and many staff members are eager to
discuss pressing domestic and international legal issues.
Has ILP worked with this organization in the past?
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ILP has had a relationship with LAC since 2011. Projects differ year-to-year depending on the needs
and resources of the organization. Past fellows have worked on land tenure reform, assisted LAC in
its work with the Extraordinary Chambers in the Courts of Cambodia (ECCC), commonly referred
to as The Khmer Rouge Tribunal), completed projects relating to the treatment of juvenile
offenders, and compiled reports on fair trial rights in Cambodia’s judicial system.
According to past fellows, how can this placement be improved?
Previous fellows have, at times, experienced a low workload such that they felt their skills were not
being taken advantage of and they were not providing any assistance to the organization. As a result,
the project director has attempted to ensure that the fellows who go to LAC in 2014 will have
projects ready for them to take on when they arrive at the organization. Additionally, it was
recommended that ILP send only two rather than three fellows this year, as last year’s fellows
observed an over-saturation of summer interns at the organization that contributed to a lack of work
for some. However, students are encouraged to recognize that any work they are provided with by
LAC is necessary for the functioning of the organization and important. When they are experience
work shortages, fellows are encouraged to speak directly with their supervisors and contact other
departments to see if they can provide any assistance. This strategy was used by some of the fellows
last summer and resulted in new and exciting work opportunities.
What are the values and benefits that ILP participants will derive?
• The ILP fellows will gain experience working in a multicultural, multidisciplinary environment, with a
variety of legal subject matter to explore.
• The opportunity to conduct legal research on issues of fundamental importance to Cambodia, enabling
fellows to apply and develop skills that they have acquired at Osgoode Hall in the service of the public
interest.
• The work that the fellows do will be collaborative in nature. Therefore, teamwork and interpersonal
skills will be employed and strengthened.
• ILP fellows will have the opportunity to see the influence and consequence of international public law
in a “new” and developing state.
Part IV: Project Deliverables
Land
Law
Program:
The
ILP
fellow
will be expected to produce reports regarding the implementation of
•
the 2 new programs in Phnom Penh and Siem Reap province. Additionally, they will conduct case
analyses and other work, as requested.
• Child Justice Program: The main deliverable for the ILP fellow will be the comparative report on the
treatment of child labour. As part of this project, they will be expected to construct and carry out
interviews with other NGO’s in addition to conducting independent research.
Part V: Timeline
It is anticipated that these projects will last for the duration of this summer’s fellowship (between
10-12 weeks). The ILP fellows will likely have their departure date as the deadline for their report’s
submission. Arrival and departure dates will be negotiated directly with LAC by the fellows, with my
assistance, if required.
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Part VI: Supervision
Fellows will be supervised by and report to the Program Managers in their respective departments,
both of whom are practicing lawyers. Mr. Op Vibol is Program Manager of the Child Justice
Program. Ms. Ol Rachny is the Program Manager of the Land Law and Natural Resources
Program. The Legal Director, Mr. Ny Chandy, also a lawyer, bears ultimate responsibility for the
internship program at LAC and will also oversee the fellows’ time with the organization.
Part VII: Budget
Estimated cost per ILP Fellow
1. General Transportation
2. Flights
3. Visas
4. Medical/Insurance
5. Accommodations
6. Food
7. Miscellaneous
Estimated Total
$425-500
$1300-1800 (return)
$120
$200-400
$750-900
$850
$500
$4145-5070
Sources (or Potential Sources) for Funding
• The YIMA Grant
• ILP fundraising, in particular the Framed Experiences Auction
• Independent funding sources exist but it will be up to the fellows to research, in conjunction
with ILP’s Fundraising Officer and Subcommittee.
• Ian Scott Public Interest Fellowship
Part VIII: Possible Complications/Challenges
What are the potential challenges and complications?
Safety Concerns:
o Fellows should exercise a high degree of caution due to an increase in thefts, robberies and other
opportunistic crimes.
o Foreign Affairs, Trade and Development Canada advises against all travel to the CambodianThai border area in Preah Vihear and Oddar Meanchey provinces.
o Cambodia remains one of the most heavily mined countries in the world. Landmines can be
found in rural areas, especially in Banteay Meanchey, Siem Reap (except in the town of Siem
Reap and the Angkor temples which are safe), Battambang, Kampong Thom, and Pursat
provinces. The fellows are strongly advised to avoid walking in forested areas or in dry rice
paddies without a local guide.
o Canada does not have an Embassy in Cambodia, but travellers are encouraged to register with
the Embassy of Australia in Phnom Penh.
o Fellows in Phnom Penh and other tourist cities like Siem Reap should remain vigilant as bag
snatching is common - out of bicycles, motorbikes, or in tuk tuks as passengers.
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o Demonstrations have been taking place in Phnom Penh since the July 2013 elections and are
expected to continue until the situation is resolved. Avoid large gatherings and demonstrations,
monitor local media and follow the advice of local authorities.
Health Concerns:
• Routine vaccines: Make sure to be up-to-date on measles-mumps-rubella (MMR) vaccine,
diphtheria-tetanus-pertussis vaccine, varicella (chickenpox) vaccine, polio vaccine, and annual flu
shot.
• Malaria: A Prophylaxis is recommended for all areas except Phnom Penh and around Lake Tonle
Sap. Lariam (mefloquine), Malarone (atovaquone/proguanil), or doxycycline are the recommended
drugs, except for the western provinces where mefloquine should not be used because of the
presence of mefloquine-resistant malaria in the areas near the Thai border.
• Recommended Vaccinations: Hepatitis A & B, Typhoid, Japanese Encephalitis, Cholera &
Traveller’s Diarrhea (Dukoral)