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

32 Legal Aid in Cambodia: Practices, Perceptions and NeedsA Study based on a National Survey5.3. STAFFINGThe Survey found a consensus among current providers of legal aid services that they lackresources, personnel and training at the grassroots level. There is seen to be a marked need inthe medium to long tem to upgrade both the numbers and the skills of professionals in thelegal aid field, with concomitant increases in financial resources and budgets.5.3.1 Training Non‐Legal StaffThe survey findings as well as findings of other studies 32 indicate that when faced with adispute or a legal problem a large majority of people in Cambodia turn first to village andcommune authorities and the police. This being the case these officials need training onrights, the law and legal aid, focused on specific issues commonly encountered in localcommunities. In the view of the survey team the optimum arrangements for training would betraining courses that are short term – 2 to 3 days – and repeated, and that are done byspecialists and by legal aid providers at the local, district and provincial level. Surveyfeedback sessions suggested that such training could use a paralegal or ‘street law’ format.A second form of assistance sought locally, especially by victims of crime, is help from localsocial workers employed by the Ministry of Women’s Affairs and the Ministry of SocialWork. Specially tailored training on legal aid concerns for these social workers could also begiven by legal aid providers and other specialists. The training could focus on the referral oflegal aid clients to legal aid service providers, and on developing links between legal aidproviders and government service providers.5.3.2 Training Legal StaffMany efforts have been made in Cambodia to improve legal aid lawyers’ skills. Sustainedshort, medium and long term efforts in this field are still needed. Training should focus onareas where legal aid clients are most in need of assistance, including land law, the lawrelating to domestic violence and laws relating to criminal matters. It should also focus onupgrading lawyers’ client-related skills – trial and advocacy skills, skills relating tointerviewing clients, particularly traumatized victims, and investigations skills.Training interventions need to be done in a cooperative way so as to not duplicate effort. Acontinuing legal education program provided by a university or BAKC would be useful forthis purpose.5.3.3 More Lawyers to Provide More ServicesSurvey respondents, both legal aid providers and potential clients, identified the need for morelawyers to provide legal aid, with some suggesting that there is a need for more than athousand legal aid lawyers – twelve times the current number. One problem identified by thesurvey is the annual restriction placed by BAKC on the number of lawyers who can be givenfinal training and then sworn in by the bar to begin practice. The current limit of 50-55trainees is much too small to meet demand, and needs to be relaxed or removed.32 Yrigoyen-Fajardo, Raquel Z., Kong Rady and Phan Sin, Pathways to Justice, Access to Justice with a Focuson Poor, Women and Indigenous People, Phnom Penh, Cambodia: UNDP and Ministry of Justice, 2005 andNinh, Kim & Roger Henke, Commune Councisl in Cambodia: A National Survey on the Functions andPerformance, with a Special Focus on Conflict Resolution, Phnom Penh, Cambodia: The Asia Foundation, May2006