Justice Partnership Programme

JUSTICE INITIATIVES FACILITATION FUND

PROJECT BRIEF

Title of the project: Building Capacity of Civil Society Organizations in Facilitating Access to Justice for Vulnerable Populations in Ho Chi Minh City Implementing organization: LIN Center for Community Development Partner organization (if any): Southern Institute for Sustainable Development Short project summary: Acknowledging that legal empowerment of vulnerable communities through strengthening legal and representational capacity of civil society is a key strategy to ensure access to justice; LIN would like to carrying out a project with the following two objectives: i. ii. to improve awareness, dialogue and information sharing within civil society on issues relating to the rights and access to justice of vulnerable groups, and to support Civil Society Organizations (CSOs) in strengthening their capacity to facilitate access to justice for the groups they represent.

Vulnerable' and 'marginalized' are loose terms, which we define in our proposal as individuals and groups who are denied access (or who receive less access) to certain rights and public services, such as education, healthcare, personal security and/or justice. For the purposes of this proposal, we have identified the following subsets of the Ho Chi Minh City population as vulnerable groups: People with disabilities (including people with physical and/or mental disabilities); Migrant workers, from rural areas of Vietnam (and their accompanying family members); Urban poor; People living with HIV/AIDS; Ethnic minorities; Sex workers; and Victims of human trafficking.

As a basis for developing a training program for CSO staff, LIN proposes to partner with the Southern Institute for Sustainable Development (SISD) to carry out a survey of CSOs working in support of vulnerable groups in and around Ho Chi Minh City. The survey will reveal staff capacity building needs in order to facilitate access to justice for their clients. LIN Center will then organize 2 to 3 workshops to strengthen CSO staff capacity to facilitate access to justice for the groups they represent. The survey and the workshops will help improve participant CSOs awareness of access to justice issues and will constitute the first steps in establishing a forum for dialogue and information sharing on these issues. Project duration: 12 months

PROJECT DESCRIPTION
Needs/Problems Analysis: Recent studies by the UNDP and JPP have identified inequalities among different subsets of the Vietnamese population in regards to their ability to access the justice system. Through these and other qualitative and quantitative studies, the LIN Center has identified the following subsets of the Ho Chi Minh City populations as vulnerable: people with disabilities, migrant workers (and their accompanying family members), the urban poor, people living with HIV/AIDS, ethnic minorities, sex workers, and victims of human trafficking.1 Moreover, women suffer from discrimination and gender inequality due to stereotypes, social norms and traditional values which tend to restrict their participation and voice.2 Studies on access to justice in developing countries show that poverty, social stigma and gender exacerbate the vulnerability of marginalized groups and the problems facing them in accessing justice. Discrimination may result in unfair rulings, inappropriate conduct or inadequate services for disadvantaged groups. Lack of awareness of their rights and of how to seek justice when their rights have been violated is also a main impediment. Compounding this problem is the issue that most Vietnamese citizens get their information about the justice system from informal sources.3 It is widely recognized that civil society can be a powerful actor in facilitating access to justice for marginalized groups. However, In Vietnam, CSOs are at an early stage of development and they lack the internal capacity to fulfil these roles, including limited resources, knowledge and technical skills. The LIN team believes it has an opportunity to improve access to justice for marginalized groups by building the capacity of CSO staff that are working to address the needs of vulnerable groups living in and around HCMC. By enhancing the ability of CSO staff to raise awareness about ones rights, to facilitate their beneficiaries access to the justice system and the judicial reform process, these CSOs will be better able to promote and enforce their beneficiaries rights and thereby reduce the existing disparities in access to the judicial system. The proposal will thereby be a contribution to Key Result Area 1. By including these CSOs in the proposed survey, inviting them to meet and debate at roundtables and workshops, and presenting them with ideas for a networking framework, the proposal will contribute both to Key Result Area 1 (creating more awareness) and key Result Area 4 (dialogue and information sharing and developing legal networks).

These groups were indentified based on recent qualitative and quantitative research conducted by LIN, DOLISA, HCMC AIDS Committee, Vietnam Census 2009, VASS/WorldBank/Oxfam. In 2010, LIN conducted interviews with community development experts identifying particularly vulnerable groups (migrant workers, urban poor, PWDs) and key quality of life issues. A 2010 DOLISA presentation reported statistics for vulnerable groups in HCMC (e.g., nearly 70,000 disadvantaged children, over 380,000 migrant children, over 6,000 children living with a disability, and over 1,000 children on the street in HCMC). In addition, a 2009 report by the HCMC AIDS Committee stated that there were over 40,000 people living with HIV and nearly 17,000 AIDs patients in the city. A 2009 report by the Census on Population and Housing cited Binh Duong (342%), HCMC st nd th (116%) and Dong Nai (78%) as cities with the 1 , 2 and 4 highest net migration rates (the census also indicates that Vietnam has a disability rate of 6.5% in urban areas). A 2009 VASS/World Bank/Oxfam report demonstrated that migrant workers are particularly vulnerable to external shocks and bear the early adverse impacts of an economic crisis. 22 Please refer to section additional comments. Also see Civicus report, The Emerging Civil Society (March 2006, pages 92 and 93). 3 UNDPs Preliminary Findings, Access to Justice in Vietnam From Peoples Perspective draft as of 31 August 2010 (p7) and JPP LABS Report 2010.

Goal and Objectives: The goal of the proposal is to enhance the capacity of CSOs in HCMC to contribute to awareness of rights, access to justice and judicial reform for marginalized sections of society. The proposed project is intended to achieve two objectives: to improve awareness, dialogue and information sharing within civil society on issues relating to the rights and access to justice of vulnerable groups, and to support Civil Society Organizations (CSOs) in strengthening their capacity to facilitate access to justice for the groups they represent.

Activities: Step 1: LIN will partner with the Southern Institute for Sustainable Development to conduct a survey of civil society organizations that work in support of vulnerable groups in and around Ho Chi Minh City. The scope of the survey would be: to determine the extent of CSO awareness of access to justice-related issues and their use of a rights-based approach; to identify existing initiatives and methods that are used to deal with problems and rights violations of the vulnerable populations they support, set against the different roles that CSOs can assume in facilitating access to justice for vulnerable populations: - as campaigners and advocates pressing for reform - as monitors, fostering accountability within the justice sector - as disseminators and communicators of information - as educators through legal empowerment and legal literacy initiatives - as direct agents helping people access justice through legal aid and representation services to identify the obstacles and challenges CSOs encounter while doing this work; and to determine CSO needs for capacity building, research-support and networking to enhance their capacities to assist vulnerable populations in their pursuit of access to justice.

Note: The survey will be implemented in two phases. First, we will conduct two small, roundtable discussions (focus groups) with representatives of the target audience: officially registered organizations and more informal organizations that are working with vulnerable populations. Second we will design an interview guide and conduct one-on-one interviews with at least sixty CSO staff located in or around Ho Chi Minh City who work with one or more of the above listed vulnerable groups. Step 2: Upon completion of the survey, LIN and SISD will evaluate the results to identify and prioritize capacity building needs of CSO staff and prepare a short report (Word and/or PowerPoint) detailing the preliminary findings. Step 3: A small group of survey respondents will be asked to participate in a roundtable meeting, organized by LIN, whereby the research team will present the research findings. The purpose of this meeting is to seek out input from the target audience with regards to the list and prioritization of capacity building needs. Step 4: Based on the outcome of the survey and roundtable discussion, LIN will organize three capacity building workshops. For each workshop, we will identify a domestic expert(s) to lead the training program. LIN will take the lead on workshop logistics, preparation, marketing and evaluation. Leading up to and between workshops, LIN will conduct one-on-one consultations with select CSOs whose staff request additional assistance in regards to designing and/or funding
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programs that enhance access to justice for their beneficiaries (e.g., support with program design, project management, grant writing, networking with donors and/or technical experts). Step 5: Review the feedback from the capacity building workshops and determine whether additional research, workshops and/or other support services may be needed. All activities will contribute to the objective of enhancing legal and representational capacity of CSOs, as the survey will determine and assess capacity building needs and the workshops will respond to the priority needs. Contribution to the objective of improving awareness, dialogue and information sharing within civil society on issues relating to the rights and access to justice of vulnerable groups, will be ensured through: 1) participation of CSOs in the first roundtables (focus groups) and/or in the interviews (questions and explanations on purpose of the project will be awareness raising in themselves); 2) survey results which will provide a summary picture of existing state of awareness and existing actions; 3) the different roundtables and workshops which will ensure that CSOs meet and debate around a same approach, allowing possible first steps in the creation of a network; and 4) the dissemination of the survey report and final project report.

Results: The anticipated outputs (short-term results) from each activity include: The focus groups (step 1, phase 1): we will design a survey questionnaire and interview methodology to help draw out the existing resources and capacity building needs of CSOs who are or who try to enhance access to justice for vulnerable groups in/around Ho Chi Minh City. A preliminary report (step 2): A preliminary report (analysing data collected during step 1, phase 2) will list the key CSOs and identified capacity building needs to strengthen their ability to facilitate access to justice for the groups they represent. A prioritized list of capacity building needs (step 3) will determine the topics and design of workshops and other technical assistance to be provided over the course of the next five months to support CSO staff in their ability to enhance access to justice for their clients. Workshop reports (step 4) will report on activities and feedback from participants to help determine how/whether the trainings addressed the needs of the target group and/or how to do address those needs more effectively. A final report (step 5) will summarize the data collected, the activities taken, the lessons learned and detail recommendations to increase CSO staff effectiveness in enhancing access to justice for vulnerable groups.

The anticipated project outcomes (medium-term) include: The staff of CSOs who are working with vulnerable groups in and around HCMC will be trained in access to justice skills; CSOs have improved awareness of issues related to access to justice for, and rights of, the vulnerable groups they serve, creating opportunity for increased awareness for vulnerable groups themselves; Increased dialogue, information sharing and networking between CSOs in HCMC set off on these topics; and The capacity of CSO staff is improved on selected prioritized issues of access to justice.

The proposal will thereby contribute to the objective of Component III of the Justice Partnership Programme, which is the enhancement of the capacity of Non-State Actors in Vietnam to contribute to awareness of rights, access to justice and judicial reforms. Project Personnel: LIN Center for Community Development: 1. Mr. Pham Truong Son - Son joined the LIN Center for Community Development in September 2009 as Community Liaison. In this role, Son is responsible for building and maintaining relationships with local not-for-profit organizations and volunteers, identifying needs and designing capacity building programs to address those needs. Son is a skilled communicator and community organizer with over 10 years of experience working with vulnerable populations in Vietnam with a specialization in addressing HIV/AIDS issues. Prior to joining LIN, Son served as Director of the Condom Caf project in HCMC since 1996. In addition to working with LIN, Son is also the Vietnam Country Representative for the South East Asia Popular Communication Program (SEAPCP) and a member of the Global Advisory Council for Teen-AIDS peerCorps. 2. Ms. Dana RH Doan - Dana Doan is a full-time Consultant to the LIN Center for Community Development. Prior to joining LIN, Dana worked with the U.S.-Vietnam Trade Council & Education Forum where she conducted research and organized technical assistance programs, bilateral meetings and events to support and strengthen the US-Vietnam relationship. Before moving to Vietnam in 2001, Dana worked with the Metro Chicago Information Center as a Community Development Specialist conducting qualitative and quantitative research to measure impact, identify needs and new opportunities for community development organizations throughout the USA. Dana received her MA in Public Policy at the University of Michigans Gerald R. Ford School of Public Policy and a BA in History and Spanish from Northwestern University. Southern Institute for Sustainable Development (SISD): 1. Prof. Dr. Bui The Cuong - Mr. Bui The Cuong is Director of SISD. He is a Professor and Doctor of Sociology. With over 20 years of experience as a social researcher and project manager, Dr. Cuong is responsible for research project design, implementation and management of many social research and development projects, including international cooperation projects with Australia, Germany (Institute of Asian Studies - German Institute of Global and Area Studies, GIGA; Bonn University), America, Japan, Singapore, Cambodia, Thailand, etc. He is a consultant to several professional societies/organizations, such as the Research Center for Aging Support (RECAS), the Viet Nam Red Cross; Central Committee, Viet Nam Elderly Association; Asian Social Welfare Academic Research Association; and the Party Central Committee's Economic Policy Department. 2. Ms. Nguyen Thi Minh Chau - Ms. Nguyen Thi Minh Chau has worked with SISD for 11 years. She is Director of SISDs Center for Research and Consultancy on Development (CRCD). She has participated in many research and development projects, with particular experience working on community development research projects. Her duties include, but are not limited to: design, implementation, coordination and management. Ms. Minh Chau is a consultant on projects in Vietnam run by ADB and Oxfam Solidarity Belgium. Ms. Minh Chau received a Masters Degree in Political Economics in 2007.

Legal Experts 3. Local Legal Expert (to be identified) LIN seeks support/input on this project from a local legal expert who is knowledgeable on Vietnams judicial system and who is, or who would be, inclined to support on-going capacity building initiatives in this field. Should we receive support from JIFF to undertake this proposal, we plan to reach out to the Vietnam Lawyers Association, the HCMC University of Law and other such establishments for this purpose. 4. Ms. Florence Smidt-Nielsen - Florence is an international legal expert and development consultant who has worked for multilateral and bilateral government organizations, INGOs and local NGOs in the US, Ghana, Argentina, Denmark and Vietnam. As a consultant, she has had assignments at both policy and project level, specializing in good governance, democratization and human rights. She has comprehensive experience working with CSOs in the fields of womens rights, political and communication rights. She was the legal expert in an extensive investigation for DFIDs program on Access to Justice in Ghana. She is qualified as a French lawyer and holds a Master in International Legal Studies and Human Rights from New York University School of Law.

Table A: Work Plan Timeframe (weeks or months) Description of Activities 1. Survey of CSOs 1.1 Focus Groups 1.2 Interviews 2. Data Analysis 3. Roundtable Review 4. Capacity Building 4.1 Organize workshops 4.3 Consultations Expected Outputs/ Results 1 x x 2 x x 3 x 4 x 5 x 6 7 8 9 10 11 12

5. Report

Questionnaire, Methodology List of target CSOs. Complete data set of sixty interviews. Preliminary report on CSO capacity building needs Prioritized list of CSO capacity building needs. ~50 CSO staff/workshop, 2 to 3 workshops. On site consultations for four self-selected CSOs. Capacity building reports based on participant evaluations and analysis by trainer/organizers Final report, including a list of recommendations for follow-up.

x x x x