Index

Page 1
Message From the UNRC/UNDP RR

Legal Sector:
25 lawyers training to join Lao Bar Association
Legal Master Plan submitted for approval
Uniting to fight corruption

Publications:
International Trade – unlocking the potential for Human Development
Seventh issue of Juth Pakai out now

Global Resources:
Conferences

Page 2
Donor News
. Swiss Agency for Development and Cooperation to help clear UXO

News from the province
. Interview with Mr. Khamdua Yiakuanoheuvang, Vice-Governor of
Luang Prabang
. Focus on fieldworkers
. UNV and Phone Xay district authorities promote local trade

Events
. HIV/AIDS issues take the stage
. International Volunteers Day celebrations get rolling

New staff

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LEGAL SECTOR

25 lawyers training to join Lao Bar Association

The ranks of the Lao PDR's legal practitioners are about to swell with 25 lawyers preparing to join the Lao Bar Association.

The Lao PDR government is poised to embark on an ambitious plan to overhaul its entire legal system with the soon to be finalized Legal Master Plan, which will provide a clear vision of Lao's legal structure  reforms  and the path towards establishing the nation as a “rule of law” state.

The recently adopted National Socio-Economic Development Plan emphasizes the need for a strong legal framework to encourage foreign and local private sector investment.

But the strength of the legal framework is dependant on access to the courts and delivery of justice as well as general awareness of the law and the role played by lawyers in the functioning of the legal system.

It is to this end that the UNDP, AusAid and the Canadian Bar Association are working together to strengthen the capacity, effectiveness and independence of the Lao Bar Association – which is in the process of training more lawyers to represent the people of Lao.

The 25 lawyers, who have already graduated from Lao law schools, will be given further training in handling criminal and civil court cases, drafting laws and contracts, developing a better understanding of the code of conduct, confidentiality, the concept of fair trial and the rule of law in Lao.

The Lao constitution recognizes and protects many human rights and basic freedoms, but many of these are not fully implemented. Some of the key factors preventing this are  the  general public's lack of understanding of the legal system, the  legal sector's limited capacity and a scarcity of qualified lawyers whose services are available to the public . 

Having more, fully trained lawyers operating in the Lao PDR is hoped to result in a more open, transparent and accessible legal system for the country and its people.

The Lao Bar Association was first established in 1989 and then re-established and strengthened. It focused on increasing its members' ability to operate effectively and developing legal aid assistance for its clients. Regional and international exchanges were also arranged with foreign countries.

Among other goals, the Lao Bar Association is focusing on increasing its membership and enhancing its status as an independent institution. The long term goal for the Lao Bar Association is to establish an independent, active institution able to strengthen the legal system by effectively representing  citizens and enabling greater access to justice.

At the moment the LBA has 66 members, four of who are women. The 25 law school graduates about to undergo training will boost that number to 91.

Training new lawyers is part of the ongoing development of the Lao Bar Association which involves further clarification of the association's framework and internal regulations with a focus on strengthening profession ethics, increasing the association's services to the public and promoting public interest in the association's role.

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Legal Master Plan of submitted for approval

The first Legal Master Plan (LMP) of Lao PDR – a process truly owned and led by the government – will soon be finalized and put into action as the key outcome of project supported by the UNDP and SIDA: “Preparatory Assistance: Development of the Lao PDR Legal Sector Reform Programme”.

Having established the constitution in 1991, Lao PDR is steadily moving towards becoming a “rule of law” state. Since the adoption of the National Socio-Economic Development Plan (NSEDP), the country is developing an open market economy through the “New Economic Mechanism”. The NSEDP also emphasizes the need for a strong legal framework to boost foreign direct investment and facilitate private sector development.

As part of the socio-economic development, the government is focusing on efforts towards raising the nation's economic presence on the regional and global stage by streamlining domestic laws and regulations as well as implementing Lao's international obligations.

In order to support the transition and ensure access to justice by all Lao people, UNDP provided support to projects at the Ministry of Justice, National Assembly and other legal institutions which were set up to evaluate the legal sector. UNDP also worked to harmonize and align support from the donor community to meet local needs. One of the ambitious aims of this support was to develop a legal sector master plan, which will be a long-term roadmap for the reform process from now to 2020.

One of the most significant challenges to overcome was coordination, and the fact that the three legal institutions – MOJ, SPC and OSPP – came together under the leadership of the MOJ to develop the legal sector master plan is a significant achievement.

No evaluation of the Lao legal sector and its framework had been carried out until 2004 when the project presented its research in a publication titled “Evaluation of the Implementation of the Rule of Law in Lao PDR, 1997-2003, Lessons and Challenges ”. The research focused on an assessment of the Lao legal sector's progress between 1997 and 2003 and identified which areas needed to be strengthened and which areas needed donor assistance for legal reform. Specific guides and recommendations for making Lao PDR a rule of law state were also provided.

While the final draft has been accepted and endorsed at the ministerial level, the document has yet to be endorsed by the PMO and the Office of the Central Party Committee.

The legal master plan consists of five pillars including: law development, implementation of law, capacity development, dissemination and secretariat implementation of the master plan. UNDP and SIDA have provided extensive technical and human resources – including several consultation workshops, study tours, trainings and technical advises – towards realizing the vision of law reform.

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Uniting to fight corruption

Hundreds of government officials and dignitaries gathered on 9 December, 2006, as Lao PDR joined countries around the world to condemn corruption and mark the International Day Against Corruption.

Corruption has been identified as one of the greatest obstacles to poverty reduction, development and stability.

Lao officials and UN agencies addressing the mass gathering, held at the International Cooperation and Training Centre in Vientiane and supported by the UN Country Team, reaffirmed their dedication to fighting corruption and explored its causes, its effects and ways of combating the phenomenon.

As Ms Setsuko Yamazaki, UNDP Resident Representative a.i., said in her opening address: "Corruption affects all countries, but it does not affect everyone the same way. It is the poor and vulnerable who suffer the most."

"Corruption diverts funds intended for public services such as education and health – the very services that not only improve quality of life, but save lives."

Speakers from the Lao government and non-government organizations addressed the importance of tackling the culture of corruption head on, and ways of approaching that challenge.

Mr Thongsy Ouanlasy, Vice President of the State Inspection Organization, said the government would increase its efforts to reduce corruption and had begun implementing strategies to police corrupt behavior among officials.

He said the government would focus on making state administration more transparent to reduce opportunities for corrupt behavior, with regulations to be introduced to make anti-corruption monitoring easier and more accessible to those outside the political system.

Mr Thongsy said the government would also focus on ensuring that corruption, in all its forms, is criminalized and that those who engage in corrupt behavior in any capacity are brought to justice.

PUBLICATIONS

Searching for Success: Narrative Accounts of Legal Reform in Developing and Transition Countries (IDLO, December 2006).

Searching for Success is the International Development Law Organization's first volume in annual series Lessons Learned. The focus of this first volume is on contemporary experience in succesful legal reform in various parts of the world.

Message from the UN Resident Coordinator and UNDP Resident Representative,
Sonam Yanchen Rana


Ms. Sonam Yanchen Rana is greeted by Dr Thongloun at the Ministry of Foreign Affairs

2007 has already begun with much promise. The first Legal Sector Master Plan (LSMP) of Lao PDR is awaiting final endorsement and will be put into action as the key outcome of a project supported by UNDP and SIDA; the capacity, effectiveness and independence of the Lao Bar Association is being strengthened by project supported by the UNDP, AusAid, and the Canadian Bar Association; the National Human Development Report on International Trade produced by the Committee for Planning and Investment (CPI) and supported by the UNDP was unveiled; Lao laws were translated into English with support from the Singaporean government, and the partnership and coordination among the Avian Influenza multi-sector team was recently touted as a global success. In all these programmes and many more, UNDP continues to support the Lao PDR government's efforts to achieve its development targets and to meet the Millennium Development Goals.

Last year's Ninth Round Table Meeting (RTM) was also a resounding success where Representatives from bilaterals and the EU, international financial institutions, UN agencies, and Non-Government Organisations reaffirmed their support of Lao PDR by offering higher levels financial and technical assistance to support the implementation of the Sixth National Socio-Economic Plan (NSEDP).

The long-term financial commitment to the Lao PDR from development partners is extremely important for assisting Lao PDR to plan and achieve its development goals stated in the NSEDP for 2006-2010. However, the challenge remains to make aid more effective. In this respect, I would like to note that one of the other significant achievements of the RTM was the preparation and approval of the Vientiane Declaration on Aid Effectiveness – signed by the Government and 23 Development Partners. Currently, the Country Action Plan to implement the Vientiane Declaration is under preparation through a highly participatory process and will be finalized by 30 May 2007.

The joint government–donor Sector Working Groups serve as the main mechanisms for coordination and dialogue among development partners. Government-led, they are based on the understanding that improved aid effectiveness hinges on strong national leadership. The Sector Working Groups are closely aligned with the government's 6th five year National Socio Economic Development Plan (NSEDP) and were established as part of the Round Table Process. They are in the areas of: Education, Health, Rural Development, Infrastructure, Macro-economics and Private Sector Development, Drug Control, Governance and UXO.

The Government has requested UNDP to continue its support to the Round Table Process in the medium term to 2010. To assist with the preparation of the next phase, a review of the Round Table Process, including the Sector Working Groups is being undertaken to yield lessons learned, and enhance the Round Table Process in the Lao PDR as we move into the next phase. With the Round Table Process Review, the Vientiane Declaration and the One UN Reform, UNDP along with other agencies, will need to comprehensively review its processes to ensure we fulfill our commitments.

Thank you for your support and continuing partnership
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UNDP LAO PDR PUBLICATIONS:

International Trade – unlocking the potential for Human Development

The third Lao National Human Development Report 2006 shows how to balance economic growth and human development

 Vientiane, Laos: The National Statistics Center - under the Committee for Planning and Investment (CPI) - is shining a spotlight on the path forward for international trade and development in Lao PDR with the launch of the third National Human Development Report, titled “International Trade and Human Development”, on 21 December.

As developing countries like Lao PDR play a growing role in the global economy, they must tread carefully to take advantage of the tremendous opportunities while avoiding the economic pitfalls that have plagued many countries around the world over the past few decades.

The NSC, with financial support from the UNDP, has been working on a significant publication that deals with this challenge and analyzes the link between international trade and human development.

“This report is the result of a long, participative process between the Lao government and UNDP, involving many different national and international experts and researchers. Key features of this third NHDR include the calculation of the human development index, besides other indexes, for Lao PDR. The overall finding of this third National Human Development Report is that the growing rate of international trade has mainly benefited Lao people and Lao development,” Mr Bounthavy, co-author of the report, said.

Ms. Sonam Yangchen Rana, UN Resident Coordinator and UNDP Resident Representative, said: “The NHDR 2006 offers new ways to diversify the Lao economy and strengthen exports to reduce vulnerability of the country in order to meet the Millennium Development Goals  and the development targets. The UN in Lao PDR continues to work in partnership with the government of Lao PDR to support these efforts.”

Increasing trade, openness and integration of Lao PDR with the regional economy and the global economy are inevitable. The increasing international trade is affecting the Lao economy, the employment of Lao workers, the role of Lao women, the education requirements of Lao children, the consumption patterns of Lao families, even Lao culture. The impacts will increase in the future.

Under the right circumstances, Lao PDR – with its small, open economy – can benefit a lot from international trade. But the benefits depend on how well people and firms are able to respond to new opportunities and new competition. The benefits depend also on the composition and patterns of trade as well as the quality, consistency and implementation of government policy, and the policies of trading partners.

“By highlighting key challenges, the NHDR 2006 shows the best paths to take in order to simultaneously boost trade and human development. At the same time, it is an urgent call for action and provides information on needed policy reforms to increase positive benefits of international trade for Lao people and reduce the negative impacts in the future.” Mr. Bounthavy and Dr. Charles Myers, the two co-authors of the report, said.

The NHDR 2006 identifies cross-border trade, migration and remittances, employment, rural electrification, and improved information as the most important  areas  that need to be addressed to connect the benefits of trade  with the realities of thousands of Lao families.

Cross-border issues involve protecting the informal trade that occurs between small border communities and neighboring countries, which has a positive flow-on effect for local communities.

There are at least 200,000 Lao workers in Thailand, 55 percent of them women. They have moved to Thailand to find employment, and the remittances they send back to their families in Lao PDR are estimated at $100 million, which is equivalent to about 5 percent of the Gross Domestic Product (GDP).

The report highlights the need for the government to secure economic sectors that have a high human development potential – such as agriculture, manufacturing and tourism – to maintain recent increases in employment that have seen Lao communities' expenditures grow.

Connecting rural communities with reliable electricity has been identified as a vital way to improve human development as it has been shown to lead to increased school enrolment and retention rates, particularly  for  girls. It also contributes to improved health status, reduces the level of household work and increases  access to information by enabling use of radio, television and mobile phones.

Access to information will be greatly enhanced by international trade granting traders more access to business networks and market information. Farmers not yet producing for export will be able to observe and learn from others. Better information contributes significantly towards change and development.

“This report is like using the zoom lens of a camera to focus on details of human development,” Mr Bounthavy said.

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Seventh issue of Juth Pakai out now

The final quarter of 2006 was a busy one for Juth Pakai, with the latest issue of the development journal being released and the Juth Pakai-sponsored United Nations Development Research Award winners being announced.

The seventh issue of Juth Pakai, Perspectives on Lao Development, was released in October and features four interesting and quite diverse articles. In the first of two articles written by Lao women, Chithtalath Seng-Amphone presents her research on how cultural and belief systems can act as barriers to education provision for ethnic children, especially for girls. Pafoualee Leechuefoung provides the issue's second article authored by a Lao woman. In Damming Lao Rivers: the Voices of Women, she examines the attitudes of Lao women affected by the construction of hydroelectric projects and considers whether dams can act as an opportunity for reducing gender disparity in the Lao PDR.

From hydroelectricity, to tourism: Sengdeuane Wayakone surveys residents of the Pak Ou district of Luang Prabang about their opinions on the impacts of tourism in the district. And finally, Patrice Ladwig gives readers a unique look at how members of the Buddhist clergy are becoming increasingly involved in local development projects.

Regular readers will notice an exciting new change to the Juth Pakai forma – the addition of a glossary that highlights technical terms and less commonly used English words and expressions appearing throughout the text. It is our hope that this feature will increase the usefulness of Juth Pakai as an educational tool for students and non-native speakers of English.

The United Nations Development Research Award competition for 2006 came to a close with more than 40 entries received. The winners were announced on 24 October at United Nations Day celebrations and presented with their awards at the official launch of the UNDRA 2006 special edition of Juth Pakai on Friday, 15 December.

First place was awarded to Mr. Malabou Baylatry for his paper entitled Non-formal Education to Socio-Economic Development: Four Educational Community Centers . Honorable mentions were presented to Ms. Somphavanh Nakhavong ( Impacts of Rural Access Road Network on Poverty Alleviation in the Lao PDR) and Mr. Phixanxay Phouthonexangsavanh ( Prerequisites for Poverty Reduction ).