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

Similar documents
Basic Polices on Legal Technical Assistance (Revised) 1

10/3/16. Session 2. Subject: Civil Code. For English Based Bachelor of Law Program (ELBBL) Lecturer: Dr. Phalthy Hap Outline

Evaluation of Cooperation for Legal and Judicial Reform

Historical unit prices - Super - Australian Shares

Toshiyuki NAKAMURA Chief Representative, JICA South Africa Office Japan International Cooperation Agency (JICA)

Growth Policy Formulation

CALE s Activities and Legal Assistance Projects in Transitional Countries

Cairns Airport financial year passenger totals.

Project Proposal. i) Women, Peace and Security. Final draft of 9 May 2017

JICA S APPROACH TO GOOD GOVERNANCE AND ANTI-CORRUPTION. Chie Miyahara *

Shireen Lateef Senior Advisor (Gender) MDB Sponsored Gender, Voice and Agency Workshop Manila, June 2014

Table 1. Nepal: Monthly Data for Key Macroeconomic Indicators.

Information Meeting of States Parties to the World Heritage Convention. Friday 22 January 2003 Paris UNESCO Room IV

Makoto IKEDA Asian Disaster Reduction Center (ADRC)

Considering negotiations in the context of the informal economy. Pong-Sul Ahn Regional Workers Education Specialist ILO ROAP, Bangkok

The IISD Global Subsidies Initiative Barriers to Reforming Fossil Fuel Subsidies: Lessons Learned from Asia

Charting Singapore s Economy, 1Q 2016 Publication Date: December 8 th, 2015 Number of pages: 58

Concept note. The workshop will take place at United Nations Conference Centre in Bangkok, Thailand, from 31 January to 3 February 2017.

TERMS OF REFERENCE FOR THE CORPORATE GOVERNANCE COMMITTEE

Summary of the Terminal Evaluation

2013/14 FOURTH SESSION OF THE AMIS GLOBAL FOOD MARKET INFORMATION GROUP. ROME, FAO HEADQUARTERS 1 2 October 2013

THE ATTACHED DOCUMENT I. COOPERATION BETWEEN JICA AND THE ROYAL GOVERNMENT OF CAMBODIA

Asia Pacific Travel & Tourism: A 2014 Update on Key Metrics

11. a) Convention for the Suppression of the Traffic in Persons and of the Exploitation of the Prostitution of Others

WHO Global Task Force on TB Impact Measurement Progress update No.4 (January 2012)

EAST ASIA AND THE PACIFIC

Figure 1. Nepal: Recent Fiscal Developments

Current Situation and Outlook of Asia and the Pacific

Transformation of Women at Work in Asia

4,324 migrants in Malaysia and Thailand have received counselling, information, education or training on safe migration and rights at work

Proposed Amendment on the Reform of the IMF Executive Board and Fourteenth General Review of Quotas Status of Acceptances and Consents

The Commercial Court of Uganda: 1996 to 2006

Anti-Corruption Action Plan for Asia and the Pacific. Implementation Strategy

Tariff 9900: OHD Percentage Based Fuel Cost Adjustment Historical Schedule ( )

UNITED NATIONS ASIAN AND PACIFIC MEETING IN SUPPORT OF ISRAELI-PALESTINIAN PEACE

Curriculum Vitae. Victoria Bannon Principal Consultant

Growth, Investment and Trade Challenges: India and Japan

Presented by Sarah O Keefe External Relations Officer European Representative Office Frankfurt, Germany

Opportunities for enhancing connectivity in Central Asia: linking ICT and transport

The situation of refugees in Austria. WAPES Conference, Integration of refugees into the labour market

LIST OF COUNTRY PROJECTS STARTED AND CLOSED DURING THE LAST 6 MONTHS

United Nations E/ESCAP/PTA/IGM.1/1 Economic and Social Council. Update on the implementation of Commission resolution 68/3

Siskind Immigration Bulletin Request Consultation Ask Visalaw

EAST ASIA AND PACIFIC REGION CAMBODIA Portfolio

REFUGEE AND IMMIGRATION LAW SERVICES: SERVICE SUSPENSION CONSULTATION

Statistics to the end of September 2017

Introduction to National Inventory System of energy sector

History of Japan s International Peace Cooperation. Paths to Peace. Secretariat of the International Peace Cooperation Headquarters, Cabinet Office

TREND: Do you approve or disapprove of the way Donald Trump is handling his job as president?

Overview of JODI Gas Milestones and Beta Test Launch

DOHA DECLARATION On the Occasion of the 5 th ACD Ministerial Meeting Doha, Qatar, 24 May 2006

Trade Facilitation and Better Connectivity for an Inclusive Asia and Pacific

Dashboard. Jun 1, May 30, 2011 Comparing to: Site. 79,209 Visits % Bounce Rate. 231,275 Pageviews. 00:03:20 Avg.

Chapter 5: Internationalization & Industrialization

Creating an enabling business environment in Asia: To what extent is public support warranted?

Asian Pacific Islander Catholics in the United States: A Preliminary Report 1

Japan s Actions Towards Gender Mainstreaming with Human Security in Its Official Development Assistance

Decent Work for All ASIAN DECENT WORK DECADE

State and Prospects of the FTAs of Japan and the Asia-Pacific Region. February 2013 Kazumasa KUSAKA

The CAESAR, POLO, and ESAU Papers

OFFICE OF THE ASSOCIATE CIRCUIT JUDGES Thirteenth Judicial Circuit Court Boone County Courthouse 705 E. Walnut St. Columbia, MO 65201

2018 Seoul Academy of International Law

Environmental Justice: ADB and Asian Judges for Sustainable Development. OGC Law and Policy Reform Program

The William C. Davis Collection. Records, (Predominantly, ) 6.5 linear feet

Recent developments at the European Patent Office

Future prospects for Pan-Asian freight network

Current Development Cooperation (DC) in the ASEAN Region

REPORT 2015/164 INTERNAL AUDIT DIVISION. Audit of the Regional Office in Thailand for the Office of the United Nations High Commissioner for Refugees

UN ESCAP Trade Facilitation Work programme: Selected tools for logistics performance improvement

United Nations Regional Centre for Peace and Disarmament in Asia and the Pacific

STRENGTHENING POLICY INSTITUTES IN MYANMAR

East Asia and the Pacific

Trade Mark Snapshot. Filing, Non-Use & Opposition ASIA PACIFIC 2016

ASYLUM STATISTICS 2016

Trade led Growth in Times of Crisis Asia Pacific Trade Economists Conference 2 3 November 2009, Bangkok

Combating Corruption in Asian Countries 101: Advice for Policy Makers

2019 Seoul Academy of International Law

From policy to legislation A guide to legislative drafting

FINAL EXTERNAL EVALUATION OF THE JUSTICE PARTNERSHIP PROGRAMME IN VIETNAM

Publisher: Office of the

PATENT PROSECUTION HIGHWAY (PPH) A PILOT PROGRAM BETWEEN JPO AND VIETNAM S NOIP

Vulnerabilities and Challenges: Asia

13th High Level Meeting between the International Labour Office and the European Commission. Joint Conclusions. Geneva, January 2017

Thailand: Principles and Philosophy of South-South Collaboration

GUIDELINES: ON TWINNING ARRANGEMENTS BETWEEN RESETTLEMENT STATES (ESTABLISHED, EMERGING, AND OBSERVER STATES)

EAST ASIA AND THE PACIFIC

Goal 7. Ensure access to affordable, reliable, sustainable and modern energy for all

Assessing e-readiness: A review of the Mosaic methodology

Evaluation of Aid for Trade

Working Paper Series: No. 119

The Introduction of International Road Transport Agreements of China. Ministry of Transoprt of China Mar

PUBLIC MEETINGS. Please see the City of Geneva Public Meeting Guide for more information regarding City Council and Committee of the Whole meetings.

Centre for International Migration and Development (CIM) Johannes Schilling Programme Coordinator Returning Experts Programme

SDG Alliance 8.7. Joining forces globally to end forced labour, modern slavery, human trafficking and child labour

Role of Bar Associations in the Globalization of JapaneseLawyers

Female Labor Force Participation: Contributing Factors

THE ASIA PACIFIC NTI-CORRUPTION INITIATIVE

1 PEW RESEARCH CENTER

Transport and Communications

International Trade and Trade Facilitation in Landlocked Developing Countries

Transcription:

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

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 [2009-2010] (Terminated) Capacity Building of Drafting Legislation (Phase1 & 2)

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~)

(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 (1996-2007) 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 (2007-2015) 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 1995 2000 2005 2010 2015

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

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 2015- - Application/Implementation of 2015 Civil Code - Conducting RIA Surveys in both urban and rural areas 2005- - 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

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

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

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

Thank you