Charity and Health Foundation
|The Danish Institute |
for Human Rights (DIHR)
"Conference on Protection and Promotion of Human Rights through Provision of Legal Services. Best Practices from Africa, Asia and Eastern Europe"
Kyiv, 27th-30th March, 2007
| Monday 27 March
||Welcome and Opening Addresses|
The Honourable Deputy Minister of Justice of the Republic of Ukraine, Ms Inna Yemelianova (invited)
Representative from the Embassy of Canada (invited)
Mrs Alla Tyutynnuk, President, Kherson Regional Charity and Health Foundation
Ms Carla Ferstmann, Director, Redress
Mr Paul Dalton, Senior Project Manager, Access to Justice, Danish Institute for Human Rights
"Legal Aid - a Human Right?"
Mr Simon Rice, Macquarie University, Sydney, Australia
||Session One (Plenary): Legal Services Provision from the Perspective of Public Authorities
Issues for consideration:
Moderator: Mr Avrom Sherr, Institute of Advanced Legal Studies, London, United Kingdom
- State-provided / funded legal services and professional independence;
- Reform of legal aid systems;
- Indicators and quality standards for service delivery
1. Mr Bruno Kalemba, Chief Legal Aid Advocate; Office of Legal Aid, Ministry of Justice of Malawi
2. Ms Ta Thi Minh Ly, Director, National Legal Aid Agency, Vietnam
3. Ms Valentina Subotenko, Head of Centre for Legal Reform and Legislative Review, Ministry of Justice of Ukraine
||Session Two (Plenary): Provision of services by private and community-based organizations
Issues for consideration:
Moderator: Ms Shelley R. Wieck, Country Director, Amercian Bar Association / Central and Eastern European Law Initiative, Kyiv, Ukraine
- - Challenges in the establishment and operation of legal aid networks;
- Strategies for developing a program of services – prioritizing different types of assistance;
- Monitoring and reporting activities;
- Indicators and quality standards for service delivery.
1. Mrs Alla Tyutynnuk, President, Kherson Regional Charity and Health Foundation
2. Ms Anna Ogdorova, Legal Aid Expert, Open Society Institute Justice Initiative, Budapest, Hungary
3. Ms Sehaam Semaai, Vice-Chairperson, Association of University Law Clinics, South Africa
4. Mr Simon Rice, Macquarie University, Sydney, Australia
||Close of Session Two|
|19:00 - 21:00 p.m.
Keynote Speaker: Mr Sergiy Holovatiy, Former Minister of Justice of Ukraine, Vice Chairman of the Parliamentary Assembly of the Council of Europe (invited)
| Tuesday 28 March
||Session Three: (Plenary): Rights-based approaches in delivery of legal aid services
Moderator: Mr Fergus Kerrigan, Senior Advisor, Danish Institute for Human Rights
- Developmental Legal Aid;
- Legal Empowerment strategies;
- Strategies for pursuing human rights advocacy through a legal services program;
- Preventative legal aid: strategies for promoting legal and structural change at local and national level.
1. Ms Carla Ferstmann, Director, Redress Trust, London, UK
2. Ms Geeta Sangroula, Director, CellRD, Nepal
3. Ms Evelyn D. Battad, Free Legal Aid Group (FLAG), Philippines
4. Mr Paul Mulenga, Legal Resource Foundation, Zambia
5. Ms Reyhan Yalcindag, Human Rights Association / Diyabakir Bar Association, Turkey
Working Group One: Civil Law
Discussant: Mr Rudolph Jansen, National Director, Laywyers for Human Rights, South Africa
- Access to health, education and other social services, legal services for the homeless, realization of social and economic rights, labour rights, land disputes, succession
Working Group Two: Criminal Law
Discussant: Mr Adam Stapleton, Penal Reform International, Malawi
- Rights issues in the criminal justice process;
- Ensuring that process guarantees are respected in practice;
- Providing Legal and Related Support for Clients in Custody;
- Ameliorating the effects of pre-trial detention;
- Assisting Clients in Custody to file and pursue complaints or to seek remedies;
||Reporting Back to Plenum from the Working Groups |
Moderator: Mr Fergus Kerrigan
||Session Four: (Plenary): Redefining Access to Justice – Informal justice mechanisms and alternate dispute resolution forums|
Moderator: Mr Paul Dalton, Senior Project Manager, Danish Institute for Human Rights
- Role of traditional justice systems – examples of the incorporation of rights-based approaches into existing structures;
- Application of alternate dispute resolution techniques as a means to reduce the number of cases entering the formal system.
1. Mr Fazlul Huq, Secretary, Madaripur Legal Aid Association, Bangladesh
2. Ms Elinor Wanyama Chemonges, Foundation for Human Rights Initiative, Uganda
3. Mr Abdul Basir Faizi, Legal Aid Lawyer, Kabul, Afghanistan
4. Mr Fergus Kerrigan, Head of Access to Justice Section, Danish Institute for Human Rights
||Evening Film and Discussion |
Film: ‘Freedom Behind the Walls’ (55 minutes), Penal Reform International (2005)
The film will be introduced by Mr Clifford Msiska, National Director, Paralegal Advisory Service, Malawi. (2005)
| Thursday 29 March
||Special Session: (Plenary): Ukrainian experiences, current challenges and possible solutions|
Moderator: To Be Advised
Panelists: A mixture of theoretical experts and practitioners from Ukraine, to be confirmed
- Practical experiences of legal aid services and implementation of human rights standards in Ukraine;
- What are the current problems? Why do these problems exist? What are the possible solutions as seen by the theoreticians and the practitioners, and how can we ensure that they are effectively addressed in the current law reform process.
||Session Five: (Plenary): The Role of the Legal Profession
Moderator: Mr Tom Geraghty, Professor of Law, Northwestern University, Chicago, USA
- Respective roles of Lawyers, paralegals and non-lawyers;
- What are the trends at national level?
- How can best use be made of the relatively small number of qualified lawyers who are able or willing to assist in legal aid programs?
- What does the future hold for the particiaption of paralegals and non-lawyers particiaption in legal services programs?
1. Ms Sara Hossain, Barrister-at-Law, Dhaka, Bangladesh
2. Ms Sarah Geraghty, Attorney, Southern Center for Human Rights, Atlanta, USA
3. Mr Andrew Kasirye, Past President, Uganda Law Society, Kampala, Uganda
4. Mr Clifford Msiska, National Director, Paralegal Adivsory Service, Malawi
5. Mr Anton Burkov, Attorney, Legal NGO ‘Suchesnik’, Ekaterinburg, Russia
||Closing Session: (Plenary): Holistic approaches to delivery of legal aid services
- Holistic approaches seen both ‘internally’ (the organization of the organization); ‘externally’ (within a network of legal aid service providers), and with respect to the service-providers approach to the client;
- Building bridges between public and community-based service providers.
Moderator: Mr Adam Stapleton, Penal Reform International, Lilongwe, Malawi
1. Mr David McQuoid-Mason, University of Natal, South Africa;
2. Mr Roman Romanov, Rule of Law Program Manager, International Renaissance Foundation, Ukraine;
3. Professor Yubaraj Sangroula, School of Law, University of Kathmandu, Nepal.
Closing Speeches: Representatives from Kherson Regional Charity and Health Foundation and Danish Institute for Human Rights
||Close of Conference |
||Farewell Dinner - Traditional Ukrainian Banquet and Music (Venue to be Advised)
Occasional Speaker (to be confirmed): "Ukranian history, culture and likely future trajectories"
| DAY 4: (Optional)
||Visits programme to selected legal aid and justice sector institutions |
A half-day programme will be arranged for those participants who are interested in visiting and meeting with representatives from organisations within the Ukrainian justice sector or who have an interest in the current legal reform process in Ukraine.
o Visit to the Ministry of Justice
Briefings by staff from relevant Departments within the Ministry on the Ukrainian legal system and the legal aid reform process.
o Visit to to a Kyiv community legal aid office
Presentation by staff of the office and subsequent discussion
o Visit to the Kyiv representation of Amercian Bar Associaiton (Central and Eastern European Law Initiative).