Legal Aid in Cambodia: Practices, Perceptions and Needs - PRAJ

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4Legal Aid in Cambodia: Practices, Perceptions and NeedsA Study based on a National Survey1 INTRODUCTIONStrategic objective 4 of the Action Plan to implement the Legal and Judicial Reform Strategyof the Royal Cambodian Government, approved on April 29, 2005, provides for theenhancement of legal processes and related services, including the provision of high qualitylegal aid services. This study, and the survey on which it is based, have been undertaken as ameans of meeting this strategic objective.The study is conceived as contributing to the broad goal of strengthening existingmechanisms and establishing new, relevant mechanisms for the enhancement of the rights ofthe individual, the separation of powers and the rule of law in Cambodia. More specifically itis designed to help meet the need for improved access to justice by Cambodian’s poor.The overall objective of the study is to establish the nature and character of legal aid serviceprovision in Cambodia, and to clarify perceptions of legal aid and what it should consist of.Its findings are intended to inform decisions by the Royal Government and by the nongovernmentalsector, as well as by interested donors and others, on improving legal aidservice provision in Cambodia.1.1. ACTIVITIES1.1.1 Background and documentation reviewA review was done of the historical background of legal aid in Cambodia, and ofdocumentation relating to legal aid in the country.1.1.2 Supply AnalysisAn analysis was done of the supply of legal aid in Cambodia. The analysis reviewed theorganizations involved in providing legal aid services in Cambodia, the provinces and otherareas being reached and by whom, the nature of legal aid services and how they are provided(e.g. through the use of volunteers, paralegals and/or qualified lawyers), the target populationsof legal aid providers, the nature of the funding of legal aid services, and the best ways ofimproving legal aid services.1.1.3 Demand AnalysisAn analysis was also done of the needs of both legal aid providers and likely legal aid clients.It included an assessment of the possibility of linking government services and other NGOservices with existing legal aid services.1.2. SURVEY MANAGEMENTThe Project Management Unit (PMU) of the Council of Legal and Judicial Reform (CLJR) ofthe Royal Government of Cambodia oversaw and organized the survey. It was supported bystaff of the Program on Rights and Justice (PRAJ) of the East-West Management Institute(EWMI), implementing partner of USAID for human rights and rule of law initiatives inCambodia. EWMI-PRAJ provided this support under the terms of the Memorandum ofUnderstanding it signed with CLJR in 2005.
Legal Aid in Cambodia: Practices, Perceptions and Needs 5A Study based on a National SurveyThe CLJR PMU and EWMI put together a “Survey Management Team”. In consultation withkey stakeholders, the Survey Management Team oversaw the development and administrationof survey research instruments, survey implementation and data analysis, as well as thewriting of this final study report and recommendations. They also assisted with theimplementation of projects arising from this process, including training in surveyadministration.For the survey itself the Survey Management Team contracted an independent researchconsulting group, Indochina Research Ltd (IRL), with assistance from EWMI-PRAJ. IRL is aCambodia-based consultancy familiar with survey research and particularly with techniquesof statistical data collection and analysis, and the creation of topic-appropriate researchinstruments.2 METHODOLOGY2.1. STUDY DESIGNA cross–sectional and descriptive research design was employed that used both qualitativeand quantitative approaches to data collection and analysis. Representatives of well-knownlegal aid providers and other NGOs as well as local government officials constituted the mainstudy group of key stakeholders.2.2. GEOGRAPHICAL SCOPE OF SURVEYThe survey covered five major regions of the country, from which a total of 16 provinceswere selected on the basis of size, available knowledge of local legal aid, and other localcharacteristics. The following table gives details:Table 1: Regions and Provinces CoveredRegionProvinces CoveredPlanesKampong Cham, Svay RiengTonle SapBattambang, Siem Reap, Banteay Meanchay, Odor Meanchay,PursatPhnom PenhPhnom Penh, KandalNortheast plateau and Kratie, Ratanakiri, MondalkirimountainCoastalKoh Kong, Sihanoukville, Kampot, Kep2.3. SAMPLING CRITERIAThe main respondents in this survey were legal aid providers, clients and potential clients oflegal aid services, lawyers, relevant provincial, district and commune leaders, representativesof Government ministries and institutions within the justice sector, representatives of relevantadministrative departments, members of the judiciary, court officials, and BAKC officials.To increase the validity and reliability of information obtained from the baseline and needsassessment survey, the selection of sampling units was carried out purposively. In this case, itwas decided that the best information would be obtained from clearly identified respondents,who were deemed to be familiar with legal aid service provision, policy and coverage.The selection of sampling units took into account the following factors (see Appendix A for alist of interviewees):
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