LAO/031
Programme de soutien à la formation et à l’enseignement juridiques ainsi qu’à la promotion du concept de l’État de Droit au Laos

Dernières nouvelles

• LAOS - Mid-Year Review and Technical Coordination Committee Meeting

  Publié le 26 Juillet 2019    Par Philip Pearce   

  On 17th July 2019, Project LAO/031 titled ‘Legal Teaching and Training and Promotion of the Rule of Law Concept in Lao PDR’ held its Mid-Year Review and Technical Coordination Committee Meeting. The Mid-Year Review provides an opportunity for the project and its stakeholders to review the performance and activities of the project over the last 6 months, as well as to agree plans for the rest of the year. Among the 2019 accomplishments, Project LAO/031 can count a high number of trainings carried out for civil servants, legal practitioners, and faculty members of higher education institutions. Furthermore, with the project now supporting the opening of Legal Aid Offices and trainings for Village Mediation Committees, it is ensuring that the poor and marginalized sectors of society are gaining increased access to justice.

  

  From the comments raised at the Mid-Year Review, it became clear that there is an increasing demand for the project’s implementing partner, Institute of Legal Support and Technical Assistance, to expand its ‘English for Law’ programme. With the Mid-Term Evaluation of the project coming up at the start of 2020, the project is continuously aiming to increase its performance in order to reach this year’s targets.

   

   

   

   

• LAOS - Khammouane Legal Aid Office Praised

  Publié le 4 Avril 2019    Par Reginald M. Pastrana   

  H.E. Bounsavath Boupha, Vice Minister of Justice (fourth from the right), in the presence of various justice officials, members of the Lao Bar Association, district heads of Khammouane Province of the Ministry of Justice and the CTA of LuxDev LAO/031, formally opens the Legal Aid Office.

  On the 25th March 2019, under the auspices of Project LAO/031, a high-ranking justice ministry official lauded the launching of a legal aid office in Khammouane, stating that it will improve and ensure effective access to justice for vulnerable and marginalized groups in the province. Vice Minister of Justice H.E. Bounsavath Boupha also expressed his gratitude that the legal aid office was established in Khammouane where the first trainings on good practices and legal aid implementation guidelines will be provided to Justice Officers from 10 districts.

  In 2018, the government of Laos issued a decree that adopts and spells out procedures for the implementation of legal aid programmes. Consequently, LAO/031 aims to establish at least one (1) legal aid office every year in the provinces identified in the Indicative Cooperation Programme (ICP) between the Government of Laos and the Grand-Duchy of Luxembourg.

  

  Reginald M. Pastrana, LuxDev Chief Technical Advisor of LAO/031, emphasized that the establishment of a legal aid office is only the start and that the project would provide further trainings to support these structures moving forward. Furthermore, trainings will also be delivered by volunteers the Lao Bar Association (LBA) who have committed to providing pro bono legal aid services to eligible beneficiaries. These include poor and vulnerable groups, people with disabilities and vulnerable children, among others. Legal Aid generally involves the provision of information, consultations, and court or trial representatives

  Vice Minister of Justice Boupha also took note of the ambitious goal of the Ministry of Justice to have one legal aid office unit in every district administration office. He expressed his sincere gratitude to the Project LAO/031 in expressing its support in setting up at least four (4) legal aid offices and providing capacity building trainings to the legal staffs who will be maintaining these offices.

  After the launch of the legal aid office, Mr. Pastrana, together with various government resource persons, conducted lectures and capacity development workshops for staff of the new legal aid office. It is expected that this provincial legal aid office will help people overcome legal issues, involving land disputes, family issues, sexual violence, victims of injustices and other legal problems afflicting the local population. Combined with the planned activities on raising legal awareness and providing training to Village Mediation Committees, LAO/031 aims to ensure that access to justice is inclusive and supported at the grassroots level.

  

  

  

   

   

• LAOS - Training Programme on International Law and Human RightsThe four-day training strengthened university lecturers’ knowledge of International Law

  Publié le 25 Janvier 2019    Par Philip Pearce   

  The first of two training workshops on International Law and Human Rights took place in Savannakhet from 8 – 11 January 2019. The activity, jointly supported by the European Union’s Citizens’ Engagement for Good Governance and Accountability (EU-CEGGA) Programme and LuxDev LAO/031 project in coordination with the Department of Treaty and Law (DTL) of the Ministry of Foreign Affairs (MoFA) and the Faculty of Law and Political Science (FLP) of the National University of Laos, aims to consolidate and complement the legal knowledge of lecturers from the FLP, the Faculty of Law and Administration (FLA) of Champasak University, and Savannakhet University.

  Opening remarks were delivered by Mr. Bounkhong Phetdaohoung, Head of the International Relations Department of the FLP, Mrs. Viengvone Kittavong, Deputy Director General of DTL, Mr. Bryan Fornari, Head of Cooperation of the Delegation of the EU to Lao PDR, and Mr. Reginald Pastrana, Chief Technical Advisor of LAO/031. During four days, the participants benefited from an interactive training on international law - how it evolved and developed, its sources and especially its relationship with domestic law. Other insightful topics taken up involved jurisdiction and sovereignty, the Vienna Convention on the Law of Treaties, and the role of the United Nations and regional organisations in shaping international law. A core subject of discussion throughout the workshop was the application and adoption of international law and obligations into Lao law.

  Two resource people from the DTL presented the final two topics. One presenter was Dr. Jayampathy Wickramaratne, a human rights expert, a practicing lawyer and a Member of the Parliament of Sri Lanka who has previously worked in Lao PDR. He presented a number of legal jurisprudence cases from his native country. Dr. Jayampathy encouraged the active involvement of the participants and recommended that they use their existing expertise in specialised subjects.

  The training also fulfilled the lecturers’ different needs:

  • it provided them an opportunity to consolidate their knowledge of law;
  • answered their specific areas of interest and removed doubts; and
  • learned them legal concepts in English.

  By engaging local experts in the DTL, and by targeting lecturers as beneficiaries, it is hoped that this activity will promote sustainable results and provide knowledge that the teachers could apply and share in their own lectures.

  This activity marks the developing coordination between LAO/031 and the EU-CEGGA programme. Further cooperation is taking place with regard to the sourcing of books for the FLP Library. It was announced that the second training workshop will be scheduled later this year.

  

  

  

   

• LAOS - Promoting Research in Support of the Rule of LawFirst-ever National Legal Research Forum takes place at the Faculty of Law and Political Science

  Publié le 21 Décembre 2018    Par Philip Pearce   

  The National Legal Research Forum, organised by the Faculty of Law and Political Science (FLP) with the support of Project LAO/031, took place on the 19th December in Vientiane with the aim of creating a platform for the discussion of legal issues and for the free exchange of ideas among academics and researchers.

  In the context of Lao PDR’s ambition to implement its Legal Sector Master Plan (LSMP) and 8th National Socio-Economic Development Plan (NSEDP), which would see the country graduate from Least Development Country (LDC) status and become a state fully governed by the rule of law by 2020, legal research and expertise continue to play an important role in shaping legislation and in informing strategic decisions.

  For these reasons, the National Legal Research Forum, which is the first of its kind, was a welcome and timely event. Participants included students, teachers, researchers, and other professionals from institutions encompassing the National University of Laos (NuOL), the Faculty of Law and Administration (FLA) of Champasak University, the National Institute of Justice, the Ministry of Foreign Affairs, the Ministry of Justice and the University of Luxembourg.

  

  The opening speeches on the Research Policy of the NuOL and the Relevancy of Research in the Promotion of the Rule of Law were given by Assoc. Prof. Dr. Somchanh Bounphanmy, Vice President of NuOL, and Mr. Reginald Pastrana, CTA of LAO/031, respectively. Over the course of the day, 18 researchers presented on various topics, including the village settlement resolution dispute, the death penalty, judgments on road accidents, ASEAN-EU cooperation on human rights concerns, and many others. 

  

  With the presentation and the initiation of discussions on such pertinent topics for Lao society, the main objective of the forum was to highlight legal issues and the suitability of legislation, which can act as a feedback mechanism for the Lao government and its law drafters. Moreover, the forum allowed FLP and NuOL members to present the results of their recent studies and will encourage other scholars to carry out new research.

  

  Nine exhibition stands were also set up, displaying the manuals and materials from Project LAO/031, the Institute for Legal Support and Technical Assistance (ILSTA), the Clinical Legal Education (CLE), the Japan International Cooperation Agency (JICA) and others. All these initiatives have contributed towards improving research capacity and fostering a research environment at the faculty. Notwithstanding, no one is resting on their laurels; the objective for next year’s edition is to expand and render it international by inviting guest lecturers from abroad.

  

   

   

   

   

   

   

   

   

   

   

   

   

   

• LAOS - Rule of law and legal education programmes gain momentum

  Publié le 18 Décembre 2018    Par Reginald M. Pastrana   

  Legal education and rule of law programmes have gained significant accomplishments in 2018. During the second Project Steering Committee (PSC) meeting of LuxDev LAO/031 held on 18 December 2018, a 5-year project of the Grand Duchy of Luxembourg and the Government of Lao PDR; major accomplishments have been achieved on the rule of law and the improvement of the legal education.

  

  On the rule of law as per report of the Institute of Legal Studies and Technical Assistance (ILSTA), the implementing partner of LAO/031, thousands of key stakeholders in the legal sector received legal training workshops and public lectures. Likewise, 426 government officials were trained on English proficiency, 10 court assessments, 101 judges’ assessments, 96 prosecutors’ assessments, 245 anti-money laundering assessments and 301 anti-corruption assessments.

  On the development of legal education, LAO/031 has reported that 324 legal educators were trained on various teaching skills, research design and methodology, etc. The project has also completed all the necessary assessments for the Faculty of Law and Political Science (FLP) and the Faculty of Law and Administration (FLA) of the Champassak University-paving the way of developing to the next level of new legal curricula and elevating the said faculties towards higher quality assurance (QA) standards.

  

  During its recent annual review, the PSC approved the project 2018 Annual Work Plan and the 2019 Annual Operational Plan. The PSC that was just conducted were chaired by Assoc. Prof. Dr. Khamphay Sisavanh, Vice Minister of Education and Sports, H.E. Mr. Bounsavad Boupha, Vice Minister of Justice, and co-chaired by Mr. Sam Schreiner, Chargé d´Affaires of the Embassy of the Grand Duchy of Luxembourg.

  

• LAOS - Thumbs up for full scale legal curriculum development and Quality Assurance standards

  Publié le 27 Novembre 2018    Par Reginald M. Pastrana   

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  Dean, Vice-Deans, Heads of various departments and faculty members of the FLP of the National University of Laos posted for a souvenir photo after receiving their certificates on QA workshop

  Legal curriculum and Quality Assurance (QA) standards are the foundations of high quality legal education.

  At present, legal education in the Lao PDR is still catching up with international and ASEAN standards. While the National University of Laos (NUoL) is already a member of the ASEAN University Network (AUN), it has yet to receive its accreditation and must continue improving its standards set by the AUN QA framework for higher education. The standard uses scoring system from 1 (poor) to 7 (excellent). Over the next 4 years, FPL aims to reach score 4 (“Adequate as Expected”). The AUN is an agreement between 30 universities in the ten ASEAN member countries which as part of its responsibilities actively promotes quality assurance in higher education institutions, raises the quality of higher education and encourages collaboration with both regional and international bodies for the benefit of the ASEAN community.

  The Luxembourg Cooperation, through the project LAO/031, seeks to improve legal education and is committed to scaling up QA standards and supporting the continued development of the higher legal education programme in Laos.

  

  How to achieve this important goal? In collaboration with the Faculty of Law and Political Science (FLP) of the National University of Laos (NUoL), LAO/031 has supported the ongoing curricula assessment and evaluation process for all of FLP’s departments. This has included trainings, seminars and workshops on curriculum development, benchmarking of ASEAN standards and QA awareness raising workshops. Most recently, the project supported a three-day workshop on the ASEAN University Network (AUN) and Quality Assurance Programme Framework in Vientiane Capital from 14 – 16 November 2018.

  The workshop hired the services and expertise of Mr. Johnson Ong Chee Bin, a high level expert from the AUN and the National University of Singapore (NUS), to validate the assessments and provide trainings on curriculum development and QA standards. The three-day workshop was chaired by Dean Viengvilay Thiengchanhxay of the FLP, co-chaired by the CTA of LAO/031, and attended by the Vice-Deans, Heads and faculty members of all FLP departments.

  

  Thanks to this eye-opening and informative three-day workshop, the various curriculum assessments were validated by an expert and the thumbs-up was given to the new training programs. It was agreed that the new curriculum and the QA will be implemented during the project life cycle.

  Two significant points must be stressed: (1) the improvement of legal curriculum is a giant step towards laying the foundations for a strong legal education institution, and (2) the QA shall set the milestones for higher legal education standards in Lao PDR. Once these mechanisms are fully institutionalized within the FLP, the next goal would be to share and replicate them in other legal learning institutions in Laos, including the Faculty of Law and Administration (FLA) of Champassak University and other law universities in Laos.

  

  Moving forward, LAO/031 will seek to build on the assessments and evaluations that effectively helped to benchmark standards and will also continue to collaborate with an international curriculum expert in targeting 5 academic programmes by the end of the project (or one per year). Regarding QA, the ultimate objective is to graduate to score 4 AUN QA standards by 2022.

• LAOS - Legal skills development in Northern Institute of Justice

  Publié le 24 Juillet 2018    Par Reginald M. Pastrana   

  On 10-13 July, the Project LAO/031 conducted the seminar-workshop on conducting legal research. The workshop focused on basic legal research, research methodology and the drafting and presentation of a research proposal. The seminar aimed to train teachers and other legal educators from the Northern Institute of Justice in Luang Prabang, the northern branch of the National Institute of Justice (NIJ) whose primary role is to educate and provide future lawyers, prosecutors and judges with the necessary theoretical and practical skills necessary for their legal, prosecutorial and judicial duties.

  NIJ is an administrative agency offers both formal (diploma level) and non-formal legal education programmes in Laos. NIJ plays an important role in providing practical hands-on, simulation case learning for newly graduated lawyers and legal practitioners in the country.

  Legal educators at the National Institute of Justice in Luang Prabang doing  group work on research proposals and legal analysis.

  This three-day workshop was led by Reginald M. Pastrana, Chief Technical Adviser (CTA) of LAO/031, supported by the project team and a few NIJ and Northern Institute of Justice faculty members. The seminar was chaired by the Deputy Director General of the NIJ and attended by the various deputy director generals and faculty members of the Northern Institute of Justice.

  Reginald M. Pastrana, CTA for LAO/031 delivers lectures on the nature and concept of legal research

  The training modules focused on theoretical and practical exercises on the mechanics and dynamics of research. The theoretical approach was driven by various lectures on the essentials of research dynamics, processes, tools, techniques and  methodologies. The practical exercises focused not only on how to conduct legal research and analysis but also on the preparations and understanding required to reach that stage.  

  The teaching method was interactive (learning by doing) and furthered the professional development of 37 teachers and trainers of the Northern Institute of Justice and the NIJ.

  Dr. Viengphet Zengsongyialorfaijong, Deputy Director of the National Institute of Justice (center) poses with Reginald M. Pastrana, CTA, Asso. Prof. Bounthieng Phommachanh, Vice Dean of the FLP of the NUoL, Asso. Prof. Vixay Sihapanya, Head of Civil Law Department of the FLP and the participants composing the NIJ and legal educators of the Northern Institute of Justice during their photo session

  At the end of the seminar-workshop, Dr. Viengphet Zengsongyialorfaijong, Deputy Director of the National Institute of Justice, stated that he was satisfied with the success of this activity. As the first activity to enrich the legal research skills of the legal educators in the Northern Institute of Justice, he said that the seminar-workshop was a positive step in a continuing process of improving and strengthening the knowledge and legal skills of law practitioners, teachers and students in the country.

• Luxembourg Minister for Foreign Affairs visited the Faculty of Law and Political Sciences of the National University of Laos

  Publié le 14 Juin 2018    Par Reginald M. Pastrana   

  His Excellency, Mr. Jean Asselborn, Minister for Foreign and European Affairs of the Grand Duchy of Luxembourg, arrived at the campus of the National University of Laos on June 13, 2018, amidst an enthusiastic and cheering crowd of students of the FLP.  

  Prof. Dr. Somsy Gnophanxay, President of the National University of Laos, and Associate Prof. Viengvilay Thiengchanhxay, Dean of the university’s Faculty of Law and Political Science (FLP), led the welcoming committee in warmly receiving the Luxembourg Minister for Foreign Affairs.

  Dr. Gnophanxay, in his introductory remarks, announced that Minister Asselborn’s visit was serendipitous as it came at a time “when the entire Lao people are joyfully celebrating many special occasions, namely: the 43rd anniversary of the proclamation of the Lao Peoples’ Democratic Republic and the 21st anniversary of diplomatic relations between Laos and Luxembourg”. He also acknowledged that Luxembourg has provided more than 50 million Euros to support the health, rural development, vocational education and governance sectors of Lao PDR.

  He stated that Luxembourg has been working on increasing cooperation with the Lao people, as evidenced by the official launch of the Luxembourg Embassy and the LuxDev regional office in Vientiane in 2016 and the establishment of a project office for LAO/031 at the Faculty of Law and Political Science – “The Luxembourg funded project LAO/031 which will run from 2017 to 2022 has been designed to support legal training and teaching and promote the rule of law in the Lao PDR. This project continues and expands on LAO/023 which was implemented between 2010 and 2015”

  It’s important to note that in order to achieve the overall objective of promoting the rule of law in the Lao PDR, the project will focus on developing legal institutions, upgrading standards and improving the enabling legal environment. The project is currently developing the legal research capacity of teachers and supporting the development of an adapted law curriculum.

  

  

  During an open forum with the students of the FLP, Minister Asselborn was asked by students of varied questions involving foreign policy issues, such as the future of the LAO PDR-Luxembourg relations, the problem of international terrorism and rule of law, and the lessons learned in EU integration vis-à-vis ASEAN Economic Community. To their delight, the Luxembourg Foreign Minister always answered the issues raised within the context of what he said were sound foreign policies of Luxembourg. On one question, the Foreign Minister said that there is a need to promote the rule of law and respect for the human rights in order that Lao PDR can sustain peace and promote more prosperity.

  The visit was witnessed by the Vice-Presidents of NUOL, the Dean of the Faculty of Law and Political Science, the  Head of International Relations Department, representatives from Ministry of Education and Sports, representatives from the Ministry of Foreign Affairs, Vice-Deans, Heads of Department, Divisions, university members, members of the diplomatic corps, Olivier Hecquet, Resident Representative of LuxDev - Luxembourg Development Cooperation Agency, representatives from the Institute of Legal Studies and Technical Assistance (ILSTA), the team members of LuxDev Project LAO/031, headed by its Chief Technical Adviser, Reginald M. Pastrana, students and other guests.

• Legal Research Plays Significant Role in Legal Development and Promotion of the Rule of Law in the Lao PDR

  Publié le 24 Mai 2018    Par Reginald M. Pastrana   

  As new laws are being adopted by the Lao National Assembly and the various People’s Provincial Assemblies, including administrative decrees, the need to study, interpret and apply these new laws to effectively protect the rights of citizens and promote the rule of law, has never been greater. Thus, project LAO/031 was launched to improve the quality of legal education, strengthen the capacity of legal sector stakeholders and raise awareness on access to justice.

  ^{Delivering the basic legal research training certificates for FLA faculty members}

  Project LAO/031 emphasizes the improvement of legal research skills among teachers of the Faculty of Law and Political Science (FLP) of the National University of Laos (NUoL), the teachers of the Faculty of Law and Administration (FLA) of the Champassak University and legal practitioners as a first step in strengthening the capacity of legal sector stakeholders. The project has conducted a series of seminars/workshops on basic legal research with teachers of the FLP and FLA.

  ^{The CTA of Project LAO/031, Reginald M. Pastrana, conducting a lecture on basic legal research with various faculty members of the FLA, National University of Laos in Vang Vieng district}

  The basic legal research seminar workshops have further increased legal sector knowledge of NUoL and Champassak University faculty members and have played an important role in fine tuning their teaching skills as well as supporting them in course development and academic research.

  More specifically, faculty members were better able to take advantage of the various research methodologies to develop research proposals. These improved research skills paved the way for a clearer understanding of the inner workings of the law, notably in terms of enabling faculty members to carry out the necessary readings on how laws are made and imparting this knowledge to their students. As aptly stated by Champassak University faculty member – “It is the first time we have had a legal research training programme in our university and for this I’m very thankful. With this new skill, I now have the capacity to search out many laws and determine which are the most appropriate to the needs of our students”.

  ^{The Dean of the FLA of Champassak University, faculty members and the CTA of LuxDev LAO/031, Reginald M. Pastrana, posing for a souvenir photo at Moung Khong, Champassak during their seminar workshop on basic legal research}

   

   

   

   

   

• Laos - Curriculum Development on Legal Education takes off in the Lao PDR

  Publié le 5 Avril 2018    Par Reginald M. Pastrana   

  Lao People's Democratic Republic (PDR) is a sovereign country which adopted its first Constitution in 1991. Several constitutional amendments were introduced thereafter which fostered big improvements in the LAO PDR’s fledgling legal system, particularly in the rule of law, prominent of which is the crafting of the Legal Sector Master Plan (LSMP), the framework for developing effective institutions in the legal sector of the Lao PDR as a foundation for rule of law.

  

  The new Constitution also gave birth to the Lao PDR National Assembly (NA), which has evolved into a great institution of government in shaping laws. To comply with the mandates provided in the LSMP, the NA played a critical role in introducing legislations to promote the rule of law. Notwithstanding significant institutional structures set up by the NA, numerous areas on legal development for the promotion of rule of law must still take the centre stage.

  According to the 2015 UNDP Public Justice Survey Report, implementation of law is still seen as being weak. Different stakeholders observed that the lack of budget for enforcement, apathy in non-enforcement and a lack of knowledge on laws, contribute to the weak implementation of laws. Moreover, customary law rather than the formal law is still followed in many cases.

  Indeed, among the legal profession, the necessary expertise for laws, legal concepts and judicial processes need to be consolidated and strengthened from the base. There is insufficient number of law professions with adequate expertise. Training opportunities are rare, mostly conceived on an ad hoc basis and not adapted for law professionals. They also tend to focus on specific technical areas identified by donors according to a global thematic agenda. The lack of tailored projects has prevented until now the badly needed implementation of general basic legal training.

  It is in this light that LAO/031, a Laos-Luxembourg cooperation project under the auspices of the Luxembourg Development Cooperation  Agency (LuxDev), and a follow up to its predecessor LAO/023, was initiated. Its purpose: “The Support Project to Legal Teaching and Training and to the Promotion of the Rule of Law Concept in Lao PDR”.

  To attain this, LAO/031 gives priority attention to the improvement of the curriculum in legal education in Lao PDR to come up with the current global trends and ASEAN standards.

  Thus in March 2018, the project formally kicked off to formulate various strategies and processes that would pave the way for the improvement of the law curriculum in the two law schools in Laos: the Faculty of Law and Political Science (FLP) of the National University of Laos (NUoL); and the Faculty of Law and Administration (FLA) of Champassak University.

  

  In the Faculty of Law and Political Science, LAO/031 launched its curriculum development through a three-day seminar-workshop, from March 15-17, 2018. LuxDev Chief Technical Advisor (CTA) Reginald Pastrana delivered significant lectures on the various core subjects in law among ASEAN universities. He also conducted important discourses on several procedural steps, procedures and strategic initiatives for taking the various ways on curriculum development in legal education.

  

  In addition, project LAO/031 was even extended to the southern part of Laos: to the Champassak University. During the courtesy visit of the Dean of the FLP of NUoL and the CTA of LAO/031 in March 2018, the Acting President and the Dean of the FLA of Champassak University were very delighted for this support. Indeed, the Champassak University was willing to receive such support and to lend their hands for the success of project LAO/031.

  

  It must be pointed out that promoting the rule of law through legal education should not be underrated, for the need to support legal education is always a highly relevant rule-of-law project. Project LAO/031, through its vital component of improving the legal curriculum in Lao PDR, is a significant step towards realising the promotion of rule of law in this country.