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	<title>In Asia &#187; Access to Justice</title>
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	<link>http://asiafoundation.org/in-asia</link>
	<description>Weekly Insight and Features from Asia</description>
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		<title>Can Engaging with Gang Members in the Maldives Break Cycle of Violence?</title>
		<link>http://asiafoundation.org/in-asia/2013/05/22/can-engaging-with-gang-members-in-the-maldives-break-cycle-of-violence/</link>
		<comments>http://asiafoundation.org/in-asia/2013/05/22/can-engaging-with-gang-members-in-the-maldives-break-cycle-of-violence/#comments</comments>
		<pubDate>Thu, 23 May 2013 00:30:05 +0000</pubDate>
		<dc:creator>admin</dc:creator>
				<category><![CDATA[In The News]]></category>
		<category><![CDATA[Access to Justice]]></category>
		<category><![CDATA[Economic Development]]></category>
		<category><![CDATA[Education]]></category>
		<category><![CDATA[Governance]]></category>
		<category><![CDATA[Human Rights]]></category>
		<category><![CDATA[Law]]></category>

		<guid isPermaLink="false">http://asiafoundation.org/in-asia/?p=16566</guid>
		<description><![CDATA[<p class="byline">By <a href="http://asiafoundation.org/in-asia/authors/gita-sabharwal/" rel="tag">Gita Sabharwal</a></p>With <a href=http://www.thehindu.com/news/international/maldives-presidential-elections-in-september/article4386700.ece" target="_blank">presidential elections</a> in the island nation of the Maldives approaching in September, anxiety over an increase in gang-led violence is on the rise, despite the Maldives Police Service having successfully reduced crime on the streets of the capital, Male, in recent months.]]></description>
			<content:encoded><![CDATA[<p class="byline">By <a href="http://asiafoundation.org/in-asia/authors/gita-sabharwal/" rel="tag">Gita Sabharwal</a></p><p>With <a href="http://www.thehindu.com/news/international/maldives-presidential-elections-in-september/article4386700.ece" target="_blank">presidential elections</a> in the island nation of the Maldives approaching in September, anxiety over an increase in gang-led violence is on the rise, despite the Maldives Police Service having successfully reduced crime on the streets of the capital, Male, in recent months. As in most fledgling democracies, political uncertainty can breed violent acts in an effort to achieve narrow political gains. The Maldives is no exception – just last year, the country was torn by weeks of political violent protests on the streets, and clashes between the police and protesters ending with the <a href="http://www.nytimes.com/2012/02/08/world/asia/maldives-president-quits-amid-protests.html" target="_blank">unexpected resignation</a> of President Mohamed Nasheed. This uncertainty, combined with social issues such as high unemployment and rising cases of domestic violence, have resulted in a significant number of people joining gangs.</p>
<p>Last year, The Asia Foundation conducted a <a href="http://asiafoundation.org/in-asia/2012/11/07/unemployed-youth-in-maldives-turn-to-gangs-reveals-new-report/">seminal study</a> that revealed the diverse reasons why people join gangs, including unemployment, a need to belong, a search for brotherhood and identity, drugs, desire for an affluent lifestyle, and bullying at school. The study indicated that there are 20 to 30 violent gangs in Male with 50 to 400 members each. The findings also suggest that due to high levels of domestic violence, divorce, and broken homes, joining gangs has become a popular choice for Maldivian youth looking outside of traditional family structures for support and protection. Since then, the Foundation has been piloting a series of programs in partnership with the Maldives Institute for Psychological Services, Training, and Research (MIPSTAR), a local civil society organization, to counter the growth of gang-related violence. Since the program began in September 2012, 34 gang members from 11 different gangs from across the city of Male, some of whom were gang leaders, have voluntarily registered for the program and have been actively engaged since its inception. While this sampling is small, the preliminary results have been positive.</p>
<div id="attachment_16548" class="wp-caption aligncenter" style="width: 505px"><img class="size-full wp-image-16548" title="MaldivesGangWorkshop" src="http://asiafoundation.org/in-asia/wp-content/uploads/2013/05/MaldivesGangWorkshop.jpg" alt="MaldivesGangWorkshop" width="495" height="310" /><p class="wp-caption-text">Gang members visit Kudabandos island, an hour-long ferry ride from Male, for a workshop organized by MIPSTAR.</p></div>
<p>Monthly meetings with the police to discuss grievances and strategies to address potential violence serve as a fulcrum to bring all gang members together. They come dressed neatly; arriving promptly to discuss among themselves the key issues that they would like to highlight in the monthly meeting with senior representatives from the Maldives Police Service. In the meeting last month, *Azim, who has been involved in gangs since he was 16 and is now a senior member, pointed out frustration over police harassment on the streets and arrests without evidence. He also said that being labeled a gang member results in closer scrutiny by the police officers, which he said was acceptable as long as they are not wrongfully arrested for crimes not committed by them.</p>
<p>These meetings with the police result in some honest reflection, with both parties proactively collaborating to find solutions to their respective challenges. The discussions reveal that one of the root causes for harassment and wrongful arrests were the beat police officers (police constables and sergeants who are permanently assigned to a neighborhood) who tend to view all gang members with suspicion and hostility. To help mitigate this, MIPSTAR is beginning to organize regular meetings with the beat officers to bridge the relationship between gangs and the police officers patrolling the streets of the city. While the program is still new, we hope that it will also contribute to addressing the trust deficit, which currently runs high.</p>
<p>The gang members also participate in vocational training courses of their choice, which is a mandatory feature of the program. The courses range from training to be a water sport and diving instructor, tour guide, and computer programmer to completing formal education. *Ahmed Mahruf, a past gang member who recently completed his three-month water sports course, said that as a water sport instructor he is ensured of a job with a good salary. Six such gang members, the majority of whom have criminal records, completed the water sports course last month and are currently employed as assistant instructors, under probation, with resorts close to Male. For them to secure regular jobs, the Maldives Police Service will issue a letter of recommendation to ensure their employability. This is a significant step as it helps drive down unemployment, one of the key issues perpetuating gang violence. The three most dangerous gang members as identified by the police are enrolled in O-Level (High School Diploma) programs and regularly seek individual counseling also offered in the program. They expressed that the present context is challenging. On the one hand, they want to engage actively in the program and reform themselves; but on the other hand, there is also a pressure to engage in illegal activities including contract violence.</p>
<p>The program also helps gang members form goals for their future and develop realistic plans to achieve them. This along with psychosocial support offered through individual and group counseling sessions which focus on understanding their interests and motivations, managing anger and frustration, and developing conflict resolution strategies to keep out violence, are critical for self-development.</p>
<p>The project office serves as a drop-in center for gang members participating in the program, and is open until midnight during the week. It provides them with their own space not only to hang out and discuss their concerns with each other and the counselors but also to support the implementation of the program. For example, Ahmed and Azim have developed a five-minute video slickly edited to showcase the session on how to develop new career skills. Azim regularly types out the monthly meeting notes with the police and other gang members. He is also supporting MIPSTAR with the study of gang violence in the two atolls of Laamu and Fuvamulah by bringing the local gang leaders and some of its members on board.</p>
<p>Though the program is in the early stages and the sampling very small, it is noteworthy that none of the 34 gang members associated with the program has committed a crime over the past seven months. Based on this pilot, the Foundation will soon expand the program to work with gangs in Laamu and Fuvamulah. While it&#8217;s too soon to tell for certain, based on what we&#8217;ve seen so far, we are hopeful that by reaching a far greater pool of potential and current gang members, this program can contribute to addressing some of the most pressing issues in the Maldives.</p>
<p><em>*Names have been changed for privacy.</em></p>
<p><em>Gita Sabharwal is The Asia Foundation&#8217;s deputy country representative in Sri Lanka. She can be reached at <a href="mailto:gsabharwal@asiafound.org" target="_blank">gsabharwal@asiafound.org</a>. The views and opinions expressed here are those of the individual author and not necessarily those of The Asia Foundation.</em></p>
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		<title>How an Electronic Database is Dramatically Reforming Indonesia&#8217;s Prisons</title>
		<link>http://asiafoundation.org/in-asia/2013/04/03/how-an-electronic-database-is-dramatically-reforming-indonesias-prisons/</link>
		<comments>http://asiafoundation.org/in-asia/2013/04/03/how-an-electronic-database-is-dramatically-reforming-indonesias-prisons/#comments</comments>
		<pubDate>Wed, 03 Apr 2013 23:33:11 +0000</pubDate>
		<dc:creator>admin</dc:creator>
				<category><![CDATA[Notes from the Field]]></category>
		<category><![CDATA[Access to Justice]]></category>
		<category><![CDATA[Human Rights]]></category>
		<category><![CDATA[International Development]]></category>
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		<category><![CDATA[Technology & Development]]></category>

		<guid isPermaLink="false">http://asiafoundation.org/in-asia/?p=16190</guid>
		<description><![CDATA[<p class="byline">By <a href="http://asiafoundation.org/in-asia/authors/leopold-sudaryono/" rel="tag">Leopold Sudaryono</a></p>Kiki, a registrations clerk at Cipinang Prison in Jakarta, glanced at his pile of paperwork with a degree of resignation. It was April 2009, and he was responding to three summons letters from the prosecutor's office and the Corruption Eradication Commission (KPK) for 92 inmates to appear in court the next day. ]]></description>
			<content:encoded><![CDATA[<p class="byline">By <a href="http://asiafoundation.org/in-asia/authors/leopold-sudaryono/" rel="tag">Leopold Sudaryono</a></p><p>Kiki, a registrations clerk at Cipinang Prison in Jakarta, glanced at his pile of paperwork with a degree of resignation. It was April 2009, and he was responding to three summons letters from the prosecutor&#8217;s office and the Corruption Eradication Commission (KPK) for 92 inmates to appear in court the next day. Kiki first had to verify the names against the hard copy prison register of 2,800 inmates. He then needed to locate each detainee&#8217;s file, record in a log book the court hearing that they were due to attend, and manually print temporary release letters for the warden to sign. While late in the afternoon, Kiki still had 60 files to go before he could call it a day.</p>
<p>Four years ago, cumbersome procedures were the norm in Indonesia&#8217;s 420 prisons. While the country hardly has a reputation for bureaucratic efficiency, its prisons – still following administrative procedures largely established during the Dutch colonial period – had a particular knack for generating paperwork.</p>
<p>The system required prisons to submit 23 forms every month to a provincial office, which verified and consolidated data from up to 63 prisons, which was then submitted to the Ministry of Justice and Human Rights, which in turn passed data on to its Directorate General of Corrections. The former Director General of Corrections (DGC), Untung Sugiyono, claimed that even a simple count of all inmates in the prison system would take three months if it was to be accurate. When he eventually got the information he requested, it was already out of date.</p>
<p>For the past four years, the corrections system has implemented a <a href="http://asiafoundation.org/in-asia/2011/08/10/reform-at-the-doorstep-of-prisons-in-indonesia/">major reform program</a>, a central feature of which has been a radical overhaul of administrative procedures through the introduction of an electronic database system. The database enables computerized sentence calculation, automatic overstay reminders, electronic storage of fingerprint information, and other computer-generated reports. Data from across the country can also be accessed from the DGC&#8217;s headquarters.</p>
<div id="attachment_16192" class="wp-caption alignright" style="width: 250px"><img class=" wp-image-16192 " title="PrisonDatabaseRegistration" src="http://asiafoundation.org/in-asia/wp-content/uploads/2013/04/PrisonDatabaseRegistration.jpg" alt="Prison registration in a Jakarta prison" width="240" height="351" /><p class="wp-caption-text">A prison warden records information about a new inmate into the electronic database system. By March 2013, the system covered 417 prisons (94.5% of total prisons) and housed data for 150,689 inmates (97.9% of total inmate population).</p></div>
<p>The impact has been dramatic. Instead of waiting months for reports, corrections authorities can access prisoners&#8217; information, including cell assignment, in close to real time. To respond to the daily requests for information on particular inmates, staff no longer have to dig out individual paper files but can quickly access electronic records to respond to queries from other government agencies. Calculation of release dates, including adjustments for sentence reductions, is now computerized, which has greatly improved efficiency. Automatically generated reminders let officials know when prisoners are eligible for parole, or are nearing their release date, so that they are not imprisoned longer than their sentence period. A self-service kiosk allows prisoners to access their own basic files, including their release date, using their fingerprint.</p>
<p>Now, when Kiki prepares inmates for court visits, he quickly utilizes the database to generate an official “temporary release letter.” And when inmates return from court, he checks them back in by simply clicking a box to update their files. Now, checking in 92 inmates takes Kiki little more than 15 minutes. Under the old paper-based system, he would still be going after a couple of hours.</p>
<p>While the database pilot was initially donor funded and supported by The Asia Foundation, early results were impressive enough that the ministry began expanding its installation using state funds. In 2010, state funds were used to expand the system to 18 large prisons, and it proved so successful and efficient that many prisons started finding funds in their own budgets to purchase the needed computer equipment themselves. By September 2012, roughly 143 prisons were online. By March 2013, the system covered 417 prisons (94.5% of total prisons) and housed data for 150,689 inmates (97.9% of total inmate population).</p>
<p>The database includes an SMS-based mechanism, whereby each warden submits a daily head count of inmates, categorized by sex, adult/juvenile, and type of crime committed, to a phone number connected to the DGC server. An application recapitulates the information and sends it via SMS to corrections leadership and the Deputy Minister of Justice. This SMS feature has allowed members of government, parliament, media, and the public to access basic demographic information about the prison population. The data also enables better planning and oversight, as it can be used to assess programs, budgets, and human resource allocations proposed by directorates and prisons. Advocates and corrections officials have used the data to make a data-driven case for increased budget allocations. For example, readily available and accurate data on prison overcrowding can be used to support requests for prison construction.</p>
<p>The database and SMS system have also significantly improved transparency in the prison system. General data on Indonesia&#8217;s corrections facilities is now publically available online and is updated daily.</p>
<p>The changes have been tremendous, but they are hardly a panacea for the corrections system&#8217;s multiple and complex problems. Overcrowding rates remain as high as 400 percent in some prisons, and conditions are often lacking, including access to clean water and sanitation. Security concerns like gang violence are a threat, and corruption is endemic. The challenge is now for the corrections system to optimize the use of this data to further increase administrative efficiency and improve the welfare of inmates.</p>
<p><em>Leo Sudaryono is The Asia Foundation&#8217;s law programs coordinator in Indonesia and can be reached at <a href="mailto:lsudaryono@asiafound.org">lsudaryono@asiafound.org</a>. The views and opinions expressed here are those of the individual author and not those of The Asia Foundation.</em></p>
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		<title>Forensic Science Enhances Access to Justice and Human Rights Protection in Thailand</title>
		<link>http://asiafoundation.org/in-asia/2013/02/27/forensic-science-enhances-access-to-justice-and-human-rights-protection-in-thailand/</link>
		<comments>http://asiafoundation.org/in-asia/2013/02/27/forensic-science-enhances-access-to-justice-and-human-rights-protection-in-thailand/#comments</comments>
		<pubDate>Thu, 28 Feb 2013 00:33:38 +0000</pubDate>
		<dc:creator>admin</dc:creator>
				<category><![CDATA[Notes from the Field]]></category>
		<category><![CDATA[Access to Justice]]></category>
		<category><![CDATA[Conflict and Fragile Conditions]]></category>
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		<category><![CDATA[Human Rights]]></category>
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		<category><![CDATA[Technology & Development]]></category>

		<guid isPermaLink="false">http://asiafoundation.org/in-asia/?p=15941</guid>
		<description><![CDATA[<p class="byline">By <a href="http://asiafoundation.org/in-asia/authors/arpaporn-winijkulchai/" rel="tag">Arpaporn Winijkulchai</a> and <a href="http://asiafoundation.org/in-asia/authors/kim-mcquay/" rel="tag">Kim McQuay</a></p>Among the array of international television series aired by cable networks in Thailand, "CSI," "Bones," and other dramas that highlight the work of forensic pathologists are especially popular. While Thai audiences are exposed to the dramatized investigative techniques applied by forensic specialists working in cooperation with law enforcement agencies...]]></description>
			<content:encoded><![CDATA[<p class="byline">By <a href="http://asiafoundation.org/in-asia/authors/arpaporn-winijkulchai/" rel="tag">Arpaporn Winijkulchai</a> and <a href="http://asiafoundation.org/in-asia/authors/kim-mcquay/" rel="tag">Kim McQuay</a></p><p><em>Animation series raises public understanding of the role of forensic investigation in criminal justice administration</em></p>
<p>Among the array of international television series aired by cable networks in Thailand, &#8220;CSI,&#8221; &#8220;Bones,&#8221; and other dramas that highlight the work of forensic pathologists are especially popular. While Thai audiences are exposed to the dramatized investigative techniques applied by forensic specialists working in cooperation with law enforcement agencies in Western and other Asian criminal justice systems, forensic science is a nascent field in Thailand – but one in which major strides have been made in recent years.</p>
<p>Forensic investigation holds special significance in an environment in which allegations of human rights abuse routinely arise in the context of the performance of criminal justice and security agencies in cases spanning sexual violence to national security. These cases include the controversial 2003 &#8220;war on drugs,&#8221; the unresolved deaths that occurred as the <a href="http://asiafoundation.org/in-asia/2011/03/30/survey-findings-challenge-notion-of-a-divided-thailand/">May 2010 political violence</a> reached a bloody climax, and the protracted conflict that has shattered a tradition of peaceful coexistence among the Malay-Muslim majority and Thai-Buddhist minority populations of the <a href="http://asiafoundation.org/publications/pdf/820">Deep South</a>. <a href="http://asiafoundation.org/publications/pdf/855">Public perception surveys</a> conducted by The Asia Foundation and other organizations have consistently found that Thais place considerable confidence in the judiciary, but have less confidence in the professional competence or integrity of the police and armed forces.</p>
<div id="attachment_15940" class="wp-caption aligncenter" style="width: 505px"><img class="size-full wp-image-15940" title="ThaiForensics" src="http://asiafoundation.org/in-asia/wp-content/uploads/2013/02/ThaiForensics.jpg" alt="Forensic Science Police in Thailand" width="495" height="333" /><p class="wp-caption-text">The forensic police of the Scientific Crime Detection Centre 10 of the Office of Forensic Science Police, the Royal Thai Police collect evidence at a crime scene in Yala province. Photo/Scientific Crime Detection Centre 10 of the Office of Forensic Science Police, the Royal Thai Police</p></div>
<p>A number of factors have constrained the development of forensic science capacity in Thailand. These include a short supply of criminal justice and medical professionals qualified to conduct forensic investigation, and resource constraints that limit professional development and exposure to state-of-the-art international practices. The situation is exacerbated by contradictions and gaps in the legal and regulatory regime governing the application of forensic science and the limited communication and coordination among forensic specialists, which lead to overlapping responsibilities, occasional turf battles between the Royal Thai Police and other public agencies with forensic investigative mandates, and other challenges. In addition, media coverage of criminal justice cases tends to emphasize graphic sensationalism over thoughtful reporting, which has contributed to limited citizen awareness of forensic science and its relevance to law enforcement, poor protection of crime scenes prior to the arrival of professional investigators, and weak public demand for criminal justice reform. The situation is especially problematic in the Deep South, where the latest <a href="http://world.time.com/2013/02/17/in-southern-thailand-16-dead-and-no-peace-in-sight/" target="_blank">cycle of violent conflict</a> has entered its ninth year and the local population lives in an environment of chronic fear and insecurity. Some of the most serious human rights cases involving insurgent violence and impunity on the part of security agencies have not been prosecuted, while weak or vexatious cases against individuals accused of abuse of authority, insurgent leanings, or other criminal acts are often dismissed at trial for want of evidence to support conviction, which wastes precious resources and reduces public confidence in the justice system.</p>
<p>The Asia Foundation has been working with Thai partners in government, academia, civil society, and the media to support complementary efforts to strengthen forensic science capacity, clarify legal responsibilities, investigate and prosecute human rights cases, and raise public awareness of the role of forensic investigation in protecting the rights of vulnerable groups. A hallmark of Foundation programming has been a brokering role in facilitating dialogue and cooperation among different stakeholder groups, including public prosecutors under the Office of the Attorney General, the Royal Thai Police, university medical faculties, the National Law Reform Committee, Just Rights and other human rights lawyers associations, and the print and broadcast media. Institutions that once operated in a stove-piped manner now routinely cooperate in identifying common challenges and pursuing collaborative solutions.</p>
<p>Limited public awareness and understanding of forensic science leads to misunderstandings, misperceptions, and even distrust of responsible agencies. To address this issue, we recently produced and launched a series of <a href="http://www.youtube.com/user/101Forensic" target="_blank">five short animated films</a> [first episode featured below] in cooperation with local partner Tomato Sound Agent and with thoughtful guidance on complex technical points from seven partner organizations. The cartoon series features a patiently good-natured professor who introduces a curious young man and woman to forensic science. The cartoons were originally intended to educate young people about forensic investigation, but have been embraced by adult audiences and government, university, and civil society partners as a practical introduction to the field. The five episodes cover a broad range of themes, including an overview of forensic science; crime scene investigation and collection of evidence; examining and investigating cases of sexual assault; suspected violence or torture by security personnel in arresting, interrogating or detaining suspects; and distinguishing between murder and suicide.</p>
<p><iframe src="http://www.youtube.com/embed/yLq7xVI_UV4" frameborder="0" width="495" height="315"></iframe></p>
<p>The cartoon series was recently introduced at a seminar on &#8220;Human Rights and Forensic Science in Thai Judicial Process&#8221; that was convened by Just Rights in partnership with The Asia Foundation and Central Institute for Forensic Science (CIFS). The five cartoons are now live on <a href="https://www.facebook.com/pages/Thai-Forensic-Science-101-A-Cartoon-Overview-for-Laypersons/530109500335044" target="_blank">Facebook</a> and <a href="http://www.youtube.com/user/101Forensic" target="_blank">YouTube</a>, with links to popular Thai web-boards. DVD copies of the cartoons will be shared with local partners in government, academia, the medical profession, civil society, and the media. A sixth cartoon on chain-of-custody management of evidence collected at crime scenes is in production. As part of the Foundation&#8217;s support for the training of media professionals on forensic science, investigative reports produced by trained journalists will be posted to the dedicated social media sites. We will closely monitor usage and applications of the cartoons and collect viewer feedback, as well. The Scientific Crime Detection Centre 7 of the Office of Forensic Science Police has also expressed interest in using the animations as part of its training of police officers.</p>
<p><em>Asia Foundation forensic programs are supported by the U.S. Department of State Bureau of Democracy, Rights, and Labor (DRL) and the United Kingdom Department for International Development (DFID).</em></p>
<p><em>Arpaporn Winijkulchai is a program officer with The Asia Foundation&#8217;s Thailand office, while Kim McQuay is the Foundation&#8217;s country representative in Thailand. They can be reached at <a href="mailto:arparporn@asiafound.org">arparporn@asiafound.org</a> and <a href="mailto:kmcquay@asiafound.org">kmcquay@asiafound.org</a>, respectively. The views and opinions expressed here are those of the individual authors and not those of The Asia Foundation.</em></p>
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		<title>The Filipino Child is Not Dispensable</title>
		<link>http://asiafoundation.org/in-asia/2012/12/05/the-filipino-child-is-not-dispensable/</link>
		<comments>http://asiafoundation.org/in-asia/2012/12/05/the-filipino-child-is-not-dispensable/#comments</comments>
		<pubDate>Thu, 06 Dec 2012 01:01:59 +0000</pubDate>
		<dc:creator>admin</dc:creator>
				<category><![CDATA[In The News]]></category>
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		<guid isPermaLink="false">http://asiafoundation.org/in-asia/?p=15462</guid>
		<description><![CDATA[<p class="byline">By <a href="http://asiafoundation.org/in-asia/authors/amber-koonce/" rel="tag">Amber Koonce</a></p>This week, the Senate prepares to vote on House Bill No. 6052 which will lower the age of criminal liability in the nation from 15 to 12 years old. With the absence of a juvenile justice system, this means that children in conflict with the law...]]></description>
			<content:encoded><![CDATA[<p class="byline">By <a href="http://asiafoundation.org/in-asia/authors/amber-koonce/" rel="tag">Amber Koonce</a></p><p>This week, the Senate prepares to vote on House Bill No. 6052 which will lower the age of criminal liability in the nation from 15 to 12 years old.</p>
<p>With the absence of a juvenile justice system, this means that children in conflict with the law (CICLs) as young as 12 will be susceptible to the same judgment and punishment under the law as 30- and 40-year-olds.</p>
<p>This bill will amend Republic Act 9433 or the Juvenile Justice Act passed in 2006. RA 9433 sets 15 as the age for criminal liability. It also prescribes other rehabilitative measures to help reform the behavior of youth who engage in crime and assist their integration in society as responsible citizens.</p>
<p>I consider the 2006 Act arguably to be one of the most progressive, triumphant stances this nation has taken on behalf of its most vulnerable members.</p>
<p>Prior to the passage of this Act, children as young as 9 were legislatively susceptible to the same judgment and punishment as adults. Many were imprisoned with adults – raped, tortured, starved, and abused. Some of these abuses were highlighted in the Ditsi Carolino documentary, &#8220;Bunso.&#8221;</p>
<p>Many of those who support the amendment are concerned children are increasingly being used by syndicates to commit crimes, and believe that incarcerating these children will deter syndicates from conspiring with them.</p>
<p>I would argue there is an issue deeper than the involvement of syndicates. This is an issue of values, and how much we value this nation’s children and their futures. As fiercely as we stand for the lives and futures of the unborn, so should we stand for the futures of children after their birth. Even if you label the little Juan &#8220;The Problem&#8221; and throw &#8220;The Problem&#8221; behind bars, one truth will remain: The Filipino child is not dispensable.</p>
<p><strong>Joshua&#8217;s story</strong></p>
<p>Children in poverty fight to traverse a dangerous landscape every day.</p>
<p>Children do not select their families. Children are unable to choose where they live and what kind of education they can afford. Children do not have the ability to decide on their socio-economic status. But when they step inside a courtroom, the consequences from all of these variables come weighing down on their shoulders with the swift stroke of a gavel. This is the end result of a life with little-to-no options that many CICLs faced before 2006.</p>
<p>Last week, I interviewed a young Filipino boy named Joshua from Barangay Batasan Hills. His story put a face on just how bright the futures of our Filipino youth are when they are given the chance to change – when we invest in their potential with communal support, rehabilitation, and opportunity.</p>
<p>Joshua is a soft-spoken, kind, sweet, and generous boy. The eldest, Joshua works several jobs to help with the finances. Abandoned by his birth father, instead of going to school, Joshua helps his stepfather with waste picking. It was among the mounds of waste that Joshua was befriended by boys who introduced him to theft.</p>
<p>Joshua explained that when he was offered the chance to make an honest living by working at a car shop, he jumped at the opportunity and was promised P10,500 for 3 months of labor. Excited about his new income, Joshua exerted all of his time, energy, and effort for his new boss.</p>
<p>At the end of his 3-month commitment, Joshua was dismayed when his boss paid him only P3,500 and refused to pay him the promised income. With the weight of supporting his siblings on his shoulders, desperation and rage seared his heart.</p>
<p>Joshua had been cheated.</p>
<p>With no adults to advocate for him, Joshua took matters into his own hands and stole two car parts to trade in for additional money. He was caught in the act.</p>
<p>Under the 2006 juvenile code, Joshua was paired with a social worker, linked to a barangay mentor, served a month in a youth home, enrolled in an Alternative Learning program, and completed 45 hours of community service that changed his life for the better.</p>
<p><strong>Discernment vs. desperation</strong></p>
<p>Joshua’s story personalizes who will be affected if this amendment is approved. The amendment says, “A child above twelve years old to fifteen years of age shall likewise be exempt from criminal liability…However, if the child has acted with discernment, in which case, such child shall be subjected to appropriate proceedings in accordance with this Act.”</p>
<p>When Joshua stole the car parts he knew that what he was doing was wrong. Joshua had discernment, so under the new bill he would have been punished as an adult.</p>
<p>However, what is also evident in Joshua’s case is that a lack of options due to poverty, exploitation, and the absence of adult support, left him in a desperate situation.</p>
<p>Morals become hazy in moments of desperation. Through the full implementation of the Juvenile Justice Act of 2006, support, rehabilitation, and access to education mitigate the desperate circumstances many CICLs face, so that they can seize positive opportunities.</p>
<p><strong>Invest in the youth</strong></p>
<p>The best investment any nation can make, to secure a brighter future, is to invest in its youth.</p>
<p>The Philippines has an undeniable love for children. Early in October, President Benigno Aquino III highlighted this commitment by establishing Juvenile Justice and Welfare Consciousness Week. However aside from a groundswell of consciousness, we need a groundswell of investment.</p>
<p>We need mentors, barangay leaders, social workers, and political leaders, who are willing to invest their time, talents, and energy into providing support and guidance to help reform our children in conflict with the law. Doing so will encourage them to value their own futures, thus becoming valuable contributors to the nation.</p>
<p><strong>Communal support</strong></p>
<p>Another former CICL Francis Francisco from Barangay Bagbag in Novaliches, is another example of the transformative power of mentors and communal support.</p>
<p>When Francis was 17 he had a murder case filed against him. Although the case was eventually dropped due to lack of evidence, a local church reached out to Francis who was deeply steeped in a hopeless life of drugs and crime.</p>
<p>The pastor of the church was also a former CICL, and under his mentorship Francis submitted his life to Christ.</p>
<p>Although Francis’ tattoos prevent him from securing a job, he fills his time singing with the worship team at his church, and serving as a mentor for other at-risk youth in his community.</p>
<p>I know that not all children in conflict with the law will be success stories like Joshua and Francis, but I believe it is worth fighting for the futures of children who do have the capacity to change.</p>
<p><strong>Jail is not the answer</strong></p>
<p>The Filipino child is not dispensable.</p>
<p>Prison sentences are finite but their effects aren&#8217;t. Our communities will eventually have to face these broken children when they are released back into society as broken adults. Rehabilitation is not the goal of a prison cell.</p>
<p>We need to move forward with the full implementation of the Juvenile Justice Act of 2006 to ensure that the core needs of CICLs are addressed. These children need to be reformed and reintegrated as productive citizens.</p>
<p>Criminal acts cost the Philippines unknown millions of pesos in incarceration costs, and bring lost human capital, lost talent, lost labor, and losses to victims.</p>
<p>Rehabilitative measures for our youth, as established under the original Juvenile Justice Act of 2006, have the potential to restore these millions to the public sphere. Allow this potential to be realized.</p>
<p><em>This article was originally published on <a href="http://www.rappler.com/move-ph/ispeak/16812-the-filipino-child-is-not-dispensable" target="_blank">Rappler.com</a>. </em></p>
<p><em><a href="http://asiafoundation.org/about/profile/amber-m-koonce">Amber Koonce</a> is a 2012-1013 Luce Scholar working with the Humanitarian Legal Assistance Foundation in Manila. The views and opinions expressed here are those of the individual author and not those of The Asia Foundation.</em></p>
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		<title>Bringing Legal Aid to the Poor in Laos</title>
		<link>http://asiafoundation.org/in-asia/2011/09/28/bringing-legal-aid-to-the-poor-in-laos/</link>
		<comments>http://asiafoundation.org/in-asia/2011/09/28/bringing-legal-aid-to-the-poor-in-laos/#comments</comments>
		<pubDate>Thu, 29 Sep 2011 01:01:05 +0000</pubDate>
		<dc:creator>admin</dc:creator>
				<category><![CDATA[Notes from the Field]]></category>
		<category><![CDATA[Access to Justice]]></category>
		<category><![CDATA[Governance]]></category>
		<category><![CDATA[International Development]]></category>
		<category><![CDATA[Law]]></category>
		<category><![CDATA[Legal Aid]]></category>

		<guid isPermaLink="false">http://asiafoundation.org/in-asia/?p=11013</guid>
		<description><![CDATA[<p class="byline">By <a href="http://asiafoundation.org/in-asia/authors/michelle-chang/" rel="tag">Michelle Chang Rodriguez</a></p>During my recent visit to Laos, I couldn't help but notice the abundance of newspaper headlines proclaiming the country's <a href="http://laovoices.com/2011/08/10/lao-economic-growth-remains-best-in-asean-adb/" target="_blank">economic success stories</a>. Firm phrases such as "World Bank predicts Lao economic growth at 8.6 percent," "Vietnam &#038; Laos boost rubber cooperation," and "New Laos airline preparing for takeoff," stood out at stands...]]></description>
			<content:encoded><![CDATA[<p class="byline">By <a href="http://asiafoundation.org/in-asia/authors/michelle-chang/" rel="tag">Michelle Chang Rodriguez</a></p><p>During my recent visit to Laos, I couldn&#8217;t help but notice the abundance of newspaper headlines proclaiming the country&#8217;s <a href="http://laovoices.com/2011/08/10/lao-economic-growth-remains-best-in-asean-adb/" target="_blank">economic success stories</a>. Firm phrases such as &#8220;World Bank predicts Lao economic growth at 8.6 percent,&#8221; &#8220;Vietnam &amp; Laos boost rubber cooperation,&#8221; and &#8220;New Laos airline preparing for takeoff,&#8221; stood out at stands and shops everywhere I passed.</p>
<div id="attachment_11017" class="wp-caption aligncenter" style="width: 505px"><img class="size-full wp-image-11017" title="DowntownVientiane" src="http://asiafoundation.org/in-asia/wp-content/uploads/2011/09/DowntownVientiane.jpg" alt="Downtown Vientiane, Laos" width="495" height="320" /><p class="wp-caption-text">In recent years, Laos has experienced steady economic growth and development. Above, the Lao capital Vientiane buzzes with nighttime activity. Photo by Michelle Chang.</p></div>
<p>While this is positive news anywhere these days, and certainly for one of the world&#8217;s few remaining Communist-run countries, what seemed to be missing from the front pages altogether was any mention of Laos&#8217; progress in governance and law – imperative for continued progression in economic and social developments. Much progress has been made in legal and judicial reform, but the current capacity of the Lao legal system has some room for improvement.</p>
<p>With the passage and formalization in 2010 of the &#8220;Master Plan on Development of the Rule of Law in Laos toward 2020,&#8221; Laos has begun building the legal framework necessary for addressing citizen freedoms and social justice. Still, rule of law in Laos is at an embryonic stage, and where written, legal frameworks or policies may exist, they still sometimes lack the effective mechanisms in place for successful, real implementation. Even where well-constructed laws exist, very few Lao citizens are aware of them or lack the knowledge, confidence, and trust in the system to utilize it to address their problems. Programs that help educate citizens about the legal system have helped, but education alone cannot give vulnerable people the confidence and trust they need to speak up about legal problems and claim their rights. Data show that villagers often do not access legal resources that are in fact available for various reasons, including partial knowledge of their rights and the law as well as low levels of trust in the system.<span id="more-11013"></span></p>
<p>In other country contexts, these concerns are often addressed by civil society organizations. Civil society, however, is still just developing in Laos. Few mechanisms exist that enable Lao citizens to collectively express their concerns, share experiences, and access their rights. Since the passage of the <a href="http://asiafoundation.org/in-asia/2010/06/02/new-decree-opens-way-for-civil-society-in-laos/">Decree on Associations</a> in 2009, some space has opened for the emergence of a Lao civil society. Yet significant barriers for civil society organizations working in Laos still exist, including the lack of ease and clarity around understanding their roles, functions, and capacity. In Lao culture, initial steps to establish trust and build relationships around crucial societal issues are necessary to move forward. At present, there are few ways for this type of communication to transpire, making it even more difficult for new civil society organizations to emerge.</p>
<p>Despite such challenges, a few legal aid projects are recently up and running in Laos. For example, The Asia Foundation began an access to justice program in conjunction with the Lao Bar Association (LBA) and Ministry of Justice (MoJ) in 2007 to provide poor and rural Lao populations with greater access to the legal aid system.</p>
<div id="attachment_11020" class="wp-caption aligncenter" style="width: 505px"><img class="size-full wp-image-11020" title="Bar Association Vientiane" src="http://asiafoundation.org/in-asia/wp-content/uploads/2011/09/LaoBarAssociation.jpg" alt="Lao Bar Association" width="495" height="330" /><p class="wp-caption-text">The Lao Bar Association has made significant achievements in recent years in building Laos’ legal professional capacity and educating citizens on the law. Above, citizens wait to speak with lawyers at the LBA offices in Vientiane to get legal aid advice. Photo by Marco Ryan.</p></div>
<p>The LBA, which is supervised by the MoJ, has made significant achievements in recent years in building Laos&#8217; legal professional capacity and educating citizens on the law. Since 2007, it has established three legal aid clinics across even remote areas of Laos, with a budding paralegal program made up of volunteers from local villages in place and thriving.</p>
<p>Legal education and outreach under this legal aid program has brought to justice those who have violated the law as well as compensated and recognized victims of these incidences. In Vientiane province, for example, a villager asked about being compensated for factory work, as a number of villagers reported working for nearly half a year in a factory without compensation. Lao lawyers who were serving these villages were able to provide villagers with information on Lao labor laws, and instructed the villager on how to seek compensation. Consequently, all the factory workers were eventually paid for their work. In a different case, a young girl alleged that she was deceived and trafficked by a woman, being falsely offered a highly paid job in Vientiane as her maid. Upon her arrival to the capital, the young girl was picked up by a stranger and raped. Eventually, the young girl reported this to her father, who then spoke to the LBA legal aid clinic, with the eventual arrest of both the trafficker and rapist. These stories further demonstrate the need for the appropriate legal mechanisms and awareness raising to be in place to support these poor, rural, and mistreated populations&#8217; access to justice and legal resources.</p>
<div id="attachment_11021" class="wp-caption aligncenter" style="width: 505px"><img class="size-full wp-image-11021" title="Legal Aid Clinic Pakse" src="http://asiafoundation.org/in-asia/wp-content/uploads/2011/09/LegalAidClinicLaos.jpg" alt="Legal Aid clinic in Pakse" width="495" height="330" /><p class="wp-caption-text">Volunteer paralegals from the legal aid clinic in Pakse, in southern Laos, consult with clients about their legal concerns. Photo by Marco Ryan.</p></div>
<p>While the legal system is still quite nascent, Laos has made achievements at the grassroots level. However, many challenges still go unaddressed. Although the LBA&#8217;s capacity is developing, only a few legal aid clinics have been set up around the country to support the tens of thousands of Lao citizens that come with cases such as the compensation and rape cases, as well as those ranging from land disputes, domestic abuse, and inheritance disputes, among others. The harder to reach rural poor in Laos still only have limited access to legal services – services that need to extend to minority groups, women&#8217;s networks, and other marginalized populations.</p>
<p>Orchestrated and sustained support of local village-level governments from the central Lao government, increased capacity of organizations such as the LBA, development of a more robust Lao civil society, and an educated public is needed for Laos&#8217; legal system to stand as a foundation for good governance. Only through a well-conceived, well-informed, and sound legal system and capacity can economic growth success stories continue to appear on the front pages – of both Lao papers and international ones alike.</p>
<p><em>Michelle Chang is a program officer for The Asia Foundation&#8217;s Governance and Law program. She can be reached at <a href="mailto:mchang@asiafound.org">mchang@asiafound.org</a>. The views and opinions expressed here are those of the individual author and not those of The Asia Foundation.</em></p>
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