1 TRANSLATION OF THE PROCEEDINGS AND ... - APFA News

A Royal Advisory Councillor pointed out that while the use of Jabmi in conflict
resolution is an old traditional practice, the recent initiation of certified Jabmi
training by the High Court has given rise to a few problems and the submission
of the issue to the National Assembly is certainly with good reason.
As there were no set criteria for eligibility and selection for the Jabmi training,
candidates joined according to their own will and after a month-long training
received a certificate. If the certified Jabmis were the only ones permitted to
represent litigants in court excluding experienced and knowledgeable persons
who are uncertified, it would have serious repercussions on both the
Government and the people. Therefore a separate Chathrim needs to be drafted
which should have provisions to re-examine the capability and competence of
those who have undergone the training earlier and if found lacking, such
certificates must be invalidated. Furthermore, it is important that in future an
appropriate legal framework for the Jabmi is drawn up and the competence of a
Jabmi is assured.
The Councillor submitted that the Assembly should not fix the fees for the
Jabmis. If the entitlements of a Jabmi were fixed it would cause difficulties for
the poorer section of the society. In earlier times, conflicts would be resolved
and conciliation negotiated with just tea or alcohol being served and such
practices in the rural areas should be encouraged and promoted.
The Pema Gatshel Dzongda pointed out that there are difficulties related to the
fixing of fees for Jabmis by the Assembly. It is probable that the competent and
able Jabmis would be able to fetch higher fees and those not as competent may
settle for even less than the amount set by the Assembly.
Therefore, even if the Assembly sets a fixed fee for Jabmis it is doubtful
whether it would be followed or not. From every angle it seems that fixing the
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