5th Annual Cambodian Law School Competition Signals Growing, Sustainable Program

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Law students attended client counseling skills workshops prior to competition (2009).

When the East-West Management Institute’s USAID-Funded Cambodia Program on Rights and Justice II (PRAJ II) began its legal education programs in Cambodia six years ago, no law schools had any form of moot court or practical lawyering exercises. This year, when PRAJ 2 launched its fifth annual Client Counseling Competition, the number of law schools participating in these new legal skills programs had risen from zero to nine. Over the course of the six years, thousands of law students have participated in the PRAJ Mock Trial and Client Counseling Competitions.

The greatest testament to the program’s success is the level of programming that partner institutions have initiated, using their own resources, around these competitions. While the PRAJ-organized Client Counseling Competition this year consisted of sixteen preliminary and final rounds, the number of lead-up sessions wholly organized by the law schools themselves dwarfed that number. Steve Austermiller, who directs the PRAJ Legal Education division, recalled: “there were over a hundred qualifying rounds and practice sessions at the law schools this year before the actual competition even started.” Austermiller, whose programs have trained more than three thousand Cambodian law students and magistrates since 2007, pointed out other signs of sustainability: the rise in participating schools, the hosting of the competitions at the law schools, funding coming from the Cambodian government, and the active involvement of local Khmer lawyers as coaches.

One driver of the schools’ preparation for the competitions is the success the Cambodian teams have had in the international rounds. Three years in a row the Cambodian national team has made it to the semifinals at the English-language world championships, at times advancing further than the United States and the U.K. Back home, the impact of the first semifinal appearance reached all the way to center of government. Cambodian Prime Minister Hun Sen “was invited to the opening of our school’s new building,” remembered 2009 National Champion Kanika Tan, “and in his speech he said that we were the pride of the country.”

Competition graduates carry their new skills back into the Cambodian legal profession, and to other public and private sector positions, to reshape the way law is practiced and understood in the country. Last year’s National Champion Vo Vannarith, for example, now works at the Ministry of Environment, while his partner that year, Saing Darareaksmey, has entered the business community working at a Cambodian investment firm.

PRAJ’s other annual law student competition, a Mock Trial tournament, has also generated substantial initiatives — and investment — by Cambodian law schools. Seeking to enhance their students’ relevant skill sets several law schools have established not only internal mock trial competitions, but have added trial advocacy courses to their official curriculum. Because one of the schools modernizing its program in this manner is the Royal University of Law and Economics, which offers the benchmark law program in Cambodia, the gradual adoption of these initiatives by other faculties is inevitable.

Developed with the support of EWMI, as well as the American Bar Association, these competition-based legal education programs are part of an array of trainings aimed at introducing the next generation of lawyers to key principles of justice: analytical thinking, legal research, procedural fairness, free legal aid for the poor, and bench and bar ethics. In addition to the successful competitions, these programs have included magistrate training at the Royal Academy of Judicial Professions, several courses taught at the law schools, law student clinics which offer hands-on skills to aspiring lawyers, and the introduction of Cambodia’s first academic law journal.

PRAJ Counter-Trafficking Work with MoJ Leads to Foreign Pedophile Conviction

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Following intensive collaboration between the Ministry of Justice and the EWMI’s USAID-funded Cambodia Program on Rights and Justice II (PRAJ II) to support the investigation in a child trafficking case, an Australian national was convicted in Siem Reap in July and sentenced to eight years in prison for a sexual assault against a four-year-old Cambodian girl. The case was brought to light by PRAJ colleagues from the International Justice Mission (IJM), who contacted PRAJ about the flight risk of a man accused in a child trafficking case in Siem Reap Province. The accused had been arrested in connection with the solicitation and sexual assault of two sisters, ages four and eight, and had been released on his own recognizance pending the decision of the court’s investigating judge. IJM representatives had noticed familiar signs indicating an imminent flight risk — including meetings between the accused and immigration authorities — and approached PRAJ for assistance in learning the status of the prosecution, and to help in communicating with the counter-trafficking offices at the MoJ. 

Using the MoJ Trafficking Database, PRAJ was able to identify the relevant Siem Reap court officials from the prosecution and investigating judge divisions, and was able to reach key MoJ officials to look into the case. Exercising care to uphold the rights of the accused and of the victims in the case, PRAJ worked with IJM to obtain the investigation documents and trace the status of the case file as it worked its way from the prosecutor’s office, to the court president, and finally for referral to the investigating judge. This intensive research and communication took place during a Cambodian holiday season and across two provinces, demonstrating the dedication of PRAJ’s partners at the MoJ in ensuring effective prosecutions of trafficking cases.

Following the court’s analysis of the investigation records, the accused was placed in pre-trial detention, avoiding his flight risk and allowing the victims to prepare for their testimony without intimidation. Based on the courageous testimony of the four-year-old victim and other corroborating evidence, the accused was convicted, sentenced to eight years in prison, and required to pay a significant sum in restitution to the victim’s family. IJM hailed the work of PRAJ during the process as being essential to the successful outcome, stating in one correspondence: “Without [PRAJ involvement] the man probably would have fled the country. I wanted to thank you all. Please forward this to Andy [Boname] and Neil [Weinstein], too. Because of your efforts other eight and four year olds are safer!”

Cambodia Raised to Tier Two, State Department Cites New Conviction Data

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As a result of EWMI and MoJ trainings, in 2010 we had 21 of 22 courts reporting to the database — an amazing success!

In June 2010, the U.S. State Department recognized substantial progress in counter-trafficking in persons by the Royal Government of Cambodia, lifting the RGC from the Tier Two Watch List and citing the improved conviction data as a significant factor. Substantial EWMI activities in 2009 and 2010 were directed at this outcome — improved conviction data — and were undertaken in collaboration with the Ministry of Justice (MoJ), USAID, and the U.S. Embassy. These collaborative activities included: the creation of the MoJ Trafficking Database, hosting of the leading magistrates and clerks at a MoJ National Conference on Trafficking Data Collection, conducting a dozen field visits to courts nationwide to assist with data analysis, and regular (near daily) communication with the U.S. Embassy during the final weeks leading up to the TIP Report submission to document and deliberate over each conviction in close detail. All of these activities, in an intensive and complex six-month partnership, resulted in a marked increase in the quality and quantity of trafficking prosecution data and assisted in the final report to the State Department.

These data collection efforts would be useless if not for other justice sector improvements in policing and prosecution, but the data question itself was also a stumbling block in previous Cambodia TIP Reports. The 2008 Report cited data collection problems as a serious hindrance to counter-trafficking efforts: “Due to resource constraints, the government has not provided reliable statistics on prosecution.” Earlier, the 2007 Report echoed the same concerns: “It is possible that some of these statistics overlap as there is no consolidated data collection in Cambodia.” This year, however, there was no mention of prosecution data collection concerns, eliminating one of the perennial worries about RGC counter-trafficking efforts.

The new MoJ Trafficking-in-Persons Database was completed and fully operational in March of 2010. EWMI worked closely with the Ministry of Justice to develop the database, which tracks the case information of all prosecutions and convictions reported to the MoJ under the new Law on Suppression of Human Trafficking and Sexual Exploitation, and allows MoJ officials to search the status of cases through a variety of topics, including: province, case number, date, and statute article.