Clinical Legal Education Model in Thailand Visiting Clinicians: Teaching… and Learning

By Prof Douglas L. Colbert, Maryland University, Francis King Carey School of Law, USA

The invitation from Bruce and Wendy came packaged with their irresistible charm and passion for justice.

Come to Chiang Mai, they said. Help create the first university-sponsored Pretrial Justice Project in Thailand. Plant the same idea at law schools in other Southeast Asia countries where an accused remains in jail waiting for trial without having seen a lawyer. Spend your summer working with a talented group of volunteer students, lawyers and professors on clinic projects like this one.

They made me an offer I couldn’t refuse.

For nearly a decade, Bridges Across Borders Southeast Asia Community Legal Education Initiative (BABSEA CLE) has provided an international link for the law school community to demonstrate how clinical education enhances the educational experience of students preparing to join their country’s bar, while also reinforcing the lawyer’s professional value of serving marginalized communities.

I first met co-directors Bruce Lasky and Wendy Morrish at a Global Alliance for Justice Education (GAJE) conference in Manila in 2008. I attended their class, which of course relied on interactive teaching, and Wendy “volunteered” me to draw a map of Southeast Asia. Responding to my mild protest (“I cannot draw“) and definite concern with placing the countries correctly, Wendy asked, “So what will you do, Doug, since YOU cannot draw and may not know locations?” Thank you, Wendy, I get it.

I reached out for help by calling upon my Filipino colleague who knew the area and who would have received an “A” for constructing an acceptable map. Thus began my learning the BABSEA CLE way: collaborative, interactive, collective, prepared, organized and fun teaching.

Working with Interns

I have only just completed my first week here, but already I appreciate the valuable lessons that BABSEA CLE’s talented staff brings to every assignment. Wendy and Bruce attract an unusual collection of interesting, highly motivated and committed student interns, teaching fellows, lawyers and experienced teachers (like my U.S. clinic colleague, Lisa Bliss). This summer’s student group includes representatives from Thailand, Viet Nam, Singapore, Laos, Sweden, Canada and the U.S. They work on a variety of projects –Bruce and Wendy instill an excellent work ethic and teach the invaluable lawyer skill of juggling many balls at the same time — and learn the importance of brainstorming, organization, creativity, plan-ning, keeping promises and completing work on time.

Pretrial Justice Project

I have been fortunate to be working with a terrific and engaged Pretrial Justice team. We have had rich, forthright discussions filled with students’ alarm at learning that an accused poor person stands a good chance of remaining incarcerated before having had a trial or been found guilty. Student interns and fellows interviewed practicing lawyers and observed court proceedings; they gained appreciation for a lawyer’s advocacy and able representation. Students meet, exchange emails and share collected information. Already, we have information about Nigeria’s and Afghanistan’s pretrial justice/detention clinics (we await replies from other countries) that we can present to faculty, are familiar with Thailand’s and Laos’ right to counsel and bail law, and are developing a detailed lesson plan that will allow us to make an informed, energizing, skill- and value-based presentation to law school and bar audiences. Soon we will travel to universities in the region and initiate conversations for extending clinical education programs to their students and legal services to the unrepresented.

BABSEA CLE’s Pretrial Justice Project is familiar work. For the past 14 years, my Access to Justice Clinic students at the University of Maryland have interviewed, counseled and advocated for pretrial detainees who had no lawyer when deprived of liberty prior to trial. Law students gained valuable lawyer skills while bringing the attention of the legal community to a reality they had been unaware of: the lack of representation for low-income defendants.

Being Part of the BABSEA CLE Family

Now BABSEA CLE comes along and offers the unique opportunity of joining the international clinic community, becoming a better teacher, learning interactively with volunteers from many countries, adding to law schools’ curricula, and promoting people’s access to social justice in Southeast Asia. Add the excellent food, wonderful and hospitable people, and you, too, might find yourself here very soon. That would make the BABSEA CLE community very happy.


First Asia Youth Forum: Strengthening CLE through Debate

Jul-12-Newsletter-Debate-1

By Uyen Hoang To, Thuong Thuong Dang and Van Tran Thi Tuong

The First Asia Youth Forum, sponsored by the International Debate Education Association (IDEA) and UNITED Thailand was held in Bangkok and Pattaya in Thailand May 14-17. More than 200 repre-entatives from 23 different countries attended.

The aim of the forum was to develop and empower youth through debate. It was a great honor and wonderful experience for the Vietnamese CLE team to participate. We were five members, coming from different universities through-out Viet Nam: Uyen Hoang, Thuong Dang and Van Tran were the debaters, with coach Huong Dang and supervisor Hien Bui.

Team CLE Viet Nam was there to compete in debates, and also to learn, by participating in debate training sessions. Debate is a formal contest of argumentation between two teams or individuals. More than just a verbal or performance skill, debate combines the ideals of reasoned argument, tolerance for different points of view and rigorous self-examination. It is a great way for those who hold opposing views to discuss controversial issues without descending to insult, emotional appeals or personal bias.

More importantly, debate is an essential tool for developing and maintaining democracy and open societies. That’s why debate as a skill is important not only to CLE members, but to all law students.

A Necessary Skill

Our CLE programme is educating future legal ad-vocates on the social justice needs of marginalized com-munities. Our programme also aims to equip communities with skills they can use to protect their rights. In order to achieve those goals, CLE members are trained in critical thinking, reasoning and re-search skills and then teach that training to communities. It is obvious that lawyers can use debate skills and that debate helps train people to “speak up” for themselves.

So we consider debate one of the necessary skills of law students. With the idea of integrating debate trainings into CLE programmes created by BABSEA CLE and IDEA, the Team focused on learning how to teach debate to others during the event.

With the knowledge, skills and experience the Team gained through participating in the Asian Forum, we already have a concrete plan of how to use debate to strengthen CLE in Viet Nam.

First, we will design a debate lesson plan following the CLE lesson plan format. Then, we will offer mini-workshops to all the Core Partner universities, to train other CLE members debate skills through lessons and competitions. We will co-operate with Viet Nam Youth to form a Debate Club, Soft Skill Centers and keep in touch with the experts from IDEA.

Last but not least, we want to encourage students to write articles relevant to debate on the CLE website, social media and CLE magazine to spread this idea. We, as the pioneer debaters among CLE mem-bers, are excitedly ready to put this plan into action!

“Although our team included CLE members working and living throughout Viet Nam, we quickly became a strong and friendly family. The 1st IDEA Asia Youth Forum helped us understand and practice teamwork. We will use this skill to develop CLE in Viet Nam with high solidarity!” – Uyen

Human Rights Based Access to Justice

By Laura Milne, Access to Justice and Pro Bono Programme Manager, Hanoi

The 2nd Annual Capacity Building –Advocacy Workshop Conference of the Asian Consortium for Human Rights-Based Access to Justice, was held in Pattaya, Thailand from 27 to 29 May 2012. While Bruce was drifting around the Red Sea attending a Conference in Jordan, I and my colleague Hien Thi Bui, travelled to Pattaya to connect with our fellow Consortium members.

The Consortium is comprised of national judicial and human rights institutions, civil society organ-isations and academic institutions from across Asia. It aims to instill a human rights-based approach in access to justice programs through capacity development and advocacy activities with access to justice practitioners throughout the region, including member organisations and outside institutions.

The 2nd Annual Capacity-Building – Advocacy Workshop Conference brought together 28 representatives from a diverse range of organizations, from the Laos Bar Association to the Korean Public Interest Lawyers Group and the Kathmandu School of Law to the Center for Asia Pacific Women in Politics based in the Philippines. Broadly speaking, the aims of the Conference were to deepen understanding of the HRBA (Human Rights-Based Approach) through knowledge sharing, increase awareness of relevant UN and non-UN procedures for improving access to justice and refining the Consortium’s role as well as work plan over next two years.

Being relatively new to BABSEA CLE and Vietnam, the Con-ference was a great opportunity for me to learn about the human rights and A2J (Access to justice) situation across Asia. For example, did you know that there are only 30 places a year available at law school in Cambodia? Or that in parts of Thailand, forest dwellers ordain trees to protect their homes? Or had you heard that the Philippine National Police Academy has its own Human rights Affairs Office? Me neither.

Capacity-Building Plans
But the Conference was not just sharing and swapping stories; we spent a considerable amount of time planning what we will be doing for the next two years to further the Consortium’s aims. Consortium members agreed that legal education must be a priority activity. While BABSEA CLE’s work will continue to focus on legal education for law students, lecturers and the community, other member’s expertise lie in legal education for the judiciary, prosecutors and the security services. The Consortium is an excellent space for legal educators to share best practices, collaborate on HRBA2J ini-tiatives and create networks of mutually supportive organ-isations.

BABSEA CLE is a member of the Consortium’s Steering Committee and we also sit on the Capacity Development Com-mittee (CDC). During the Conference I had the opportunity to work with the CDC to map out the Consortium’s capacity development activities over the next year. In line with our priorities, the CDC plans to hold a series of training of trainers for non-Consortium practitioners, utilising the recently published Manual on Human Rights-Based Approach to Realising Equal Access to Justice. While BABSEA CLE clearly have a huge amount of experience in this area, so too do other members of the CDC. The Conference hosted practitioners doing some truly inspirational work: disability discrimination cases in China, environmental law in Mongolia and legal empowerment in Bangladesh. Working collaboratively, we will not only increase awareness, understanding and practice -of the HRBA to A2J, we as an organisation will be able to learn from our Consortium colleagues to strengthen our own work.

The Consortium closed with a wonderful dinner on the final evening. I was invited to MC along with Jyoti Panday from the Nepalise National Judicial Aca-demy. I was somewhat surprised when, during my pre-dinner briefing from one of the organisers, I was told that after dinner everyone will take to the stage to perform a dance or song from their country. I nodded along in quiet disbelief. How wrong I was. Everyone got up – some fabulous and some hilarious. As MC I somehow managed to avoid the humiliation but promised to prepare something for next year. I am from the UK, land of the Morris Dancer. I just hope I can find a costume in Hanoi. Fingers crossed.