Rule of law, access to justice and good governance

The past five years have seen a significant strengthening of the legislative framework in Lao PDR, with a number of key laws being adopted or revised. At the policy-level, with the conclusion of the Legal Sector Master Plan (LSMP) in 2020, the focus has shifted from law-making to law implementation, including accountability.

Effective law implementation is constrained by several factors. Universities are under pressure to strengthen their capacity to deliver high level legal education and research responding to the reality and needs of the sector within a broader national and international context.

In the formal justice system, prosecutors and court personnel require greater capacity and equipment to keep up with the fast-changing legal framework, but also growing caseloads. Calls for greater legal accountability is reflected in the strengthened role of oversight by the Provincial Prosecutors Office and the recently established Administrative Chamber within the People’s Supreme Court. Increasing prison populations impact the ability of prison staff to ensure basic services and minimum international standards for the treatment of detainees, as well as the ability of the prosecutors to supervise the system. People may be unable to assert their rights under the law because they lack legal information and advice. Staff at legal aid offices established by the Ministry of Justice may lack resources, as well as practical knowledge and skills. Village Mediation Committees established to resolve minor disputes need mediation skills but also the legal knowledge to act only within their mandate in synergy with the formal justice system. Outside the legal system, oversight by the Government Inspection Authority and the State Audit Organization, as well as by the Provincial People’s Assemblies are key to good governance. There is still a considerable need for capacity development, and resource inputs, in order to operationalise fully these mechanisms. Systematic data flows and capacity to analyse these, as well as capacity for monitoring and evaluation, remain a challenge.

The vision of change of the Rule of law, access to justice and good governance programme is to contribute to quality legal education at the universities to the delivery of effective justice services to people at all levels and, in turn, engage the public in strengthening the justice system, rule of law, and governance as a whole. In practical terms, it concerns facilitating access to justice and enhancing accountability in the system. The aim is to foster a rights-based, bottom-up response by linking higher level theory with practice and, in turn, feeding the experience from practice back into national policy-development and planning.

The Rule of law, access to justice and good governance programme will run from 2023 to 2027, with a budget of EUR 9,000,000. It will be implemented nationwide with a particular focus on Vientiane, Bolikhamxay, Khammouane and Bokeo provinces, and Champasak province.

At central level, beneficiaries include the Faculty of Law and Political Science as well as the National Assembly, the Ministry of Justice, legal practitioners and legal sector agencies such as the Office of the Supreme People’s Prosecutor, the People’s Supreme Court, and the prison service under the Ministry of Public Security.

Beneficiaries at the local level include the Faculty of Law and Administration in Champasak, justice sector agencies, but also the Provincial People’s Assemblies and provincial administration, select districts and villages, individual legal practitioners and, ultimately, individuals and communities in Lao PDR.

The efficiency and effectiveness of the Lao-Luxembourg Indicative Cooperation Programme V will be based on a programmatic approach, ensuring synergies with other engagements under ICP V. The close collaboration between LuxDev, the Institute for Legal Support and Technical Assistance and the University of Luxembourg across the various intervention areas will ensure the optimal complementarity and effective use of resources.