JICA s Cooperation for Rule of Law Promotion Implementation Process and Experience in Vietnam

Transcription

1 Law, Justice, and Development Week 2014 JICA s Cooperation for Rule of Law Promotion Implementation Process and Experience in Vietnam Washington D.C. Octorber 20, 2014 Naoshi Sato Senior Adviser Japan International Cooperation Agency Attorney-at-Law (Ushijima and Partners) 1

2 JICA s Cooperation Map for Legal and Judicial Sector JICA s assistance in this field is for the countries which need development of laws to shift to a market-oriented economy and for the postconflict countries which need reconstruction of judicial system and human resource development. JICA has supported legal and judicial sectors in the countries indicated in the map. Currently, Japanese government focuses on 8 countries such as Vietnam, Cambodia, Laos, Uzbekistan, Indonesia, Mongolia, Myanmar and Bangladesh to assist Capacity Development for Legal and Judicial Sectors Uzbekistan [Apr 2010 Sep 2012] (Terminated) The Project for Improvement of administrative procedures for the Development of Private Sector Activities Mongolia [Apr 2013 Dec 2015] Ongoing The Project for Strengthening Mediation System (Phase2) Nepal [Sep 2013 Mar 2017] Ongoing The Project for Strengthening the Capacity of Court for Expeditious and Reliable Dispute Settlement Myanmar [Nov 2013 Nov 2016] Ongoing The Project for Capacity Development of Legal, Judicial and Relevant Sectors in Myanmar China [Jul 2012 Jun 2015] Ongoing Training on Administrative Procedure Law and Other Administrative Laws Vietnam [Apr 2011 Mar2015] Ongoing The Project for the Legal and Judicial System Reform (Phase 2) Laos [Jul 2014 Jul 2018] Ongoing Project for Human Resource Development in the Legal Sector (Phase 2) Cambodia [Apr 2012 Mar 2017] Ongoing Legal and Judicial Development Project (Phase 4) Indonesia [Mar 2007 Mar 2009] (Terminated) Project on Improvement of Mediation System East Timor [ ] (Terminated) Capacity Building of Drafting Legislation (Phase1 & 2)

3 History of JICA s Cooperation in Legal and Judicial Sector 1960s~ Group training programs in Japan for legal professionals on criminal matters Mid 1990s~ Supporting legal and judicial reforms of countries in transition to a market economy 2000s~ Vietnam (1996~) Laos (2003~) China (2004~) Uzbekistan (2005~) Mongolia (2006~) Supporting legal development of post-conflict countries Cambodia (1999~) Nepal (2009~) East Timor (2009~2010) Myanmar (2013~)

4 (a) Supporting the development of rules and regulations (b) Supporting the improvement of the capacity of organizations (c) Supporting legal empowerment of people and society JICA s Cooperation in Vietnam Study on Japan s legal and judicial system drafting Civil Code (CC) and Civil Procedure Code (CPC) improvement of training for legal professions Previous Projects ( ) drafting CC, CPC and related laws improvement of judgment writing development of prosecutor's manuals improvement of training for legal professions Supporting the development of legal professionals Ongoing Projects ( ) drafting laws related to CC and CPC improvement of court procedure (Pilot Project) improvement of prosecutor s practice (Pilot Project) Support to Vietnam Bar Federation

5 Implementation Structure / Supporting Mechanism Vietnam Japan Partner Organizations Consultation JICA Vietnam Office Consultation JICA HQ Consultation Working Groups Central and Local Judicial Organizations (including MOJ, Prosecutors, Courts, and Bar Associations) Consultation, Advice, Info-sharing, Joint Field Survey JICA Long-term Advisors Public Attorney Judge Lawyer(s) Coordinator Coordination [Seminars/TV Conference] Consultation Consultation, Advice, Info-sharing Advice, Info-sharing Advisory Groups Universities MOJ JFBA* (SC) *JFBA: Japan Federation of Bar Association

6 Evolution of Cooperation Cooperation in Drafting Civil Code : Vietnamese self-help efforts : Japan s assistance Drafting 20XX Civil Code - Utilizing lessons from cooperation activities in the past Cooperation in Drafting 2015 Civil Code - Intensive Dialogue Issue by Issue - Utilizing lessons from cooperation activities in drafting 2005 Civil Code Cooperation in Drafting 2005 Civil Code Careful Examination of drafts Article by Article Application/Implementation of 20XX Civil Code Application/Implementation of 2015 Civil Code - Conducting RIA Surveys in both urban and rural areas Application/Implementation of 2005 Civil Code - Conducting Jointly Regulatory Impact Assessment Surveys in both urban and rural areas 1990 s Conducting Jointly Field Surveys in both urban and rural areas 2008 Law on Legal Normative Document (LND) Accurate grasp of the situation and Identification of the legislative facts

7 Cooperation for Implementation of LNDs ~Reflecting Lessons on the Ground into Central Drafting Work~ Reflecting the lessons in drafting LNDs Capacity Development Ministry of Justice Technical Advice JICA Long-term Advisors Team Lessons Technical Advice Provincial/District People s Committee Providing Explanation on LNDs and Guidance DIALOGUE Sharing Practical Challenges based on local context Local Officials Capacity Development Implementation of LNDs Citizens

8 New Project in Vietnam towards to 2020 SPP SPC MOJ OOG Enhancing Capacity Enhancing Capacity Improving prior vetting of LNDs Improving inspection of enacted LNDs Improving prior vetting of LNDs New Partner to disseminate the impact to other ministries Civil Procedure Code Criminal Procedure Code Enhancing Access to Justice Studying the concept of judicial precedents Civil Code Other Related LNDs Summarizing lessons from two decades cooperation Sharing MOJ s experience how to improve drafting and implementing LNDs towards to 2020 Ministries LNDs LNDs LNDs VBF towards to 2020 Values in the new Constitution 2013 Society-wide Concern

9 Challenges Evaluation of the Impact and Effectiveness Addressing Legal and judicial development cooperation, in response to the cross-cutting issues

10 Thank you