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Supplementary document submitted by Brian Rohan, Associate Director of the American Bar Association Asia Law Initiative, during his testimony at the CECC Roundtable: “Clearing the Air: The Human Rights and Legal Dimensions of China's Environmental Dilemma” (January 27, 2003)
APPENDIX A
ABA Asia Law Initiative
Selected Project ListThe following descriptions provide highlights of some of the projects underway and recently completed by the ABA's Asia Law Initiative (ABA-Asia):
- Afghanistan needs assessment and Afghan code distribution project. In early 2002 ABA-Asia partnered with several other non-governmental organizations to conduct a needs assessment related to rule of law, human rights, and governance in Afghanistan (ABA-Asia was responsible for the rule of law aspects of the project). The team's report, Filling the Vacuum: Prerequisites to Security in Afghanistan, was published in early April. The report was based upon a previously completed in-country fact-gathering mission. In early June 2002, in partnership with International Resources Group and with funding from the State Department, ABA-Asia distributed 1,000 copies of key Afghan codes to justice sector officials in Afghanistan. This project helped ensure that justice sector officials have access to the laws governing their operations. ABA-Asia currently is implementing a commercial law reform project in partnership with the Afghan Embassy and the Center for International Management Education.
- China environmental governance training program. Since early 2002 ABA-Asia has been implementing a 12-month project focused on environmental governance in China. Through the project, ABA-Asia is providing Chinese stakeholders in regional cities with training and education on environmental governance issues. Following these trainings, ABA-Asia is working with Chinese partners to implement a series of pilot programs that highlight various "tools" for enforcing Chinese environmental law. One notable example is the draft Access to Information and Public Participation law, which the Environmental Protection Bureau of Shenyang is drafting with support from ABA-Asia. ABA-Asia's activities are being coordinated by a Beijing-based American environmental attorney. This project is funded by the U.S. Department of State.
- Regional anti-corruption program. With funding the U.S. State Department, in August 2002 ABA-Asia initiated a program to assist and support signatories to the Anti-Corruption Action Plan for Asia/Pacific developed by the Asian Development Bank and the Organisation for Economic Cooperation and Development. ABA-Asia has placed a long-term anti-corruption advisor in Bangkok, Thailand to implement this program, which focuses on providing technical assistance in support of anti-corruption implementation efforts in selected countries and building links among existing anti-corruption activities.
- China legal aid project. ABA-Asia also is supporting the development of a system of legal aid in China. ABA-Asia's work in this area was initiated with a joint symposium in Beijing, in June 2000, on legal aid systems in the U.S. and the PRC. Funding for the symposium was provided by The Ford Foundation, The Asia Foundation, and the U.S.-China Legal Cooperation Council. In Fall 2002, the ABA-Asia will implement an exchange and training program for Chinese legal aid practitioners, with funding obtained from the U.S. State Department. This study tour will be followed by a training on legal aid in Xian in Spring 2003.
- China legal ethics and criminal law workshops. In April 2002 ABA-Asia, in partnership with the All China Lawyers' Association, implemented a workshop in Hangzhou, PRC on legal ethics, and in Spring 2003 will implement a workshop on criminal law defense issues in Beijing. These training programs are funded by the U.S.-China Business Council, and U.S. Embassy/Beijing, respectively.
- Indonesia bar strengthening project. In May 2002, ABA-Asia implemented a U.S.-based training program for a group of Indonesian legal professionals, on how bar examinations and discipline are addressed in various American jurisdictions. This U.S.-based training will be followed by a workshop in Indonesia in Spring 2003. Funded by the State Department, this program supports the Indonesian bar's efforts to develop a transparent qualification system for lawyers.
- Thailand class action law. In September 2002, ABA-Asia initiated a project together with Kenan Institute Asia to assist the Thai Council of State in the development of an effective class action law. ABA-Asia organized a team of experts with class action experience as plaintiff and defense counsel, as well as from judicial and academic perspectives, to participate in videoconferences, a U.S. study tour for Thai judges, and a workshop in Bangkok.
- China trial demonstration program. In mid-2001, ABA-Asia completed a major comparative trial demonstration program in the Western city of X'ian, PRC. Held in partnership with the Shanxxi Judges' Association and the Berlin Judges' Association, the program presented the trial of a hypothetical domestic violence case, under the Chinese, German, and American legal systems, to an audience of over 400 Chinese judges and legal professionals. As a means of ensuring a broad and lasting impact, the program was videotaped in its entirety, and the tapes will be distributed to courts throughout China. The Ford Foundation provided funding for this project, as it provided funding for a similar ABA project in late 1998.
For additional information on ABA-Asia, please contact:
American Bar Association
740 15th Street, N.W.
Washington, D.C. 20005
P: 202/662-1971
F: 202/662-1684
E-mail: abaasia@staff.abanet.org
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