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

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

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<strong>Legal</strong> <strong>Aid</strong> <strong>in</strong> <strong>Cambodia</strong>: <strong>Practices</strong>, <strong>Perceptions</strong> <strong>and</strong> <strong>Needs</strong> 9A Study based on a National SurveyThe second stakeholders’ workshop was a meet<strong>in</strong>g of Government, donor <strong>and</strong> NGOstakeholders <strong>in</strong> Phnom Penh on June 2, 2006. The aim of this meet<strong>in</strong>g was to get commentson the prelim<strong>in</strong>ary f<strong>in</strong>d<strong>in</strong>gs of the survey.The third stakeholders’ workshop was a larger meet<strong>in</strong>g held on August 9, 2006 <strong>in</strong> PhnomPenh to consider the f<strong>in</strong>d<strong>in</strong>gs of the survey. Some 150 participants from Government, donor<strong>and</strong> NGO stakeholders considered the f<strong>in</strong>d<strong>in</strong>gs <strong>and</strong> gave their reactions to them. Thoseattend<strong>in</strong>g <strong>in</strong>cluded officials from the M<strong>in</strong>istry of Justice, CLJR, RAJP (Royal Academy ofJudicial Professions), M<strong>in</strong>istry of Women’s Affairs, prov<strong>in</strong>cial <strong>and</strong> municipal courts, <strong>and</strong>commune councils. A number of legal aid lawyers <strong>and</strong> members of national <strong>and</strong> <strong>in</strong>ternationalNGOs <strong>and</strong> donor agencies were also <strong>in</strong> attendance.The workshop <strong>in</strong>cluded four key presentations: an <strong>in</strong>troduction to the legal aid survey by Mr.Pen Bunchhea, Deputy Director of the CLJR PMU, a review of exist<strong>in</strong>g legal aid laws <strong>and</strong>provisions by Mr. Kong Phallack, Deputy Head of the CLJR PMU legal reform project team,a presentation on the survey f<strong>in</strong>d<strong>in</strong>gs by Mr. Tim Smyth, Manag<strong>in</strong>g Director of IRL, <strong>and</strong> asummary of survey recommendations, presented by the <strong>PRAJ</strong> Access to Justice Advisor, Mr.Rajan Shah. An afternoon session allowed for participant feedback, <strong>and</strong> <strong>in</strong>volved groupdiscussions on outreach to communities; l<strong>in</strong>kages with <strong>in</strong>stitutions that provide legal aidservices; <strong>and</strong> legal aid services to under-covered areas. Suggestions from this session were<strong>in</strong>corporated <strong>in</strong>to the f<strong>in</strong>al study recommendations (see chapter 5, below).2.7. SURVEY LIMITATIONSLike all surveys, the survey had its limitations. The participants <strong>in</strong> the semi-structured<strong>in</strong>terviews with legal aid providers <strong>in</strong>cluded not just legal aid lawyers but also Governmentofficials <strong>and</strong> others rout<strong>in</strong>ely called on to give legal advise as part of their duties or becausethey regularly deal with potential legal aid clients. This be<strong>in</strong>g the case the f<strong>in</strong>d<strong>in</strong>gs of the<strong>in</strong>terviews tended to be somewhat general <strong>in</strong> nature. Focus group discussions <strong>and</strong> the August9, 2006, stakeholders’ workshop provided more specificity <strong>in</strong> this field, but perhaps notenough.Another limitation was that the survey was not tasked to measure the quality of exist<strong>in</strong>g legalaid service delivery, though it did address perceptions of this service delivery. Even if it hadbeen tasked to do so, it would have had difficulty <strong>in</strong> do<strong>in</strong>g so, s<strong>in</strong>ce exist<strong>in</strong>g legal aidproviders lack common st<strong>and</strong>ards with respect to client care quality, report<strong>in</strong>g practices <strong>and</strong>accountability. Given the lack of such st<strong>and</strong>ards <strong>and</strong> of benchmark data, assessments ofquality would have been hard to make.

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