Bhutan National Legal Institute is conducting a two-day Workshop on ADR/Mediation and Pro bono Legal Services to Enhance Access to Justice from 28 – 29 July 2020.
Article 9 section 4 of the Constitution of Kingdom of Bhutan states that the State shall endeavour to provide justice through fair, transparent and expeditious process. This duty to provide justice through a fair, transparent and expeditious process doesn’t fall on the judiciary alone.
Further, Article 7 Section 15 (Fundamental Rights), the people have the right to consult and be represented by Jabmis (Legal Counsels) of their choice and if they are unable to afford the Jabmis, the State is required to grant Legal Aid by appointing Legal Counsels. This is because people should not be denied justice due to economic or other disabilities.
Therefore, with the help of the expertise of the Resource Persons and the knowledge and experiences of the country’s leading Advocates, in addition to grounding the participants on the theories and best practices of ADR and Mediation, this Workshop seek and learn answers to some of the following pertinent questions:
1. What is a Right to Legal Counsels and Miranda Warning?
2. What is Right to remain silent, presumed innocent till proven guilty, or the right against self-incrimination?
3. What is Legal Aid and Public Defence?
4. What is Pro bono publico or pro bono legal services?
5. In which or what type of cases can people seek Legal Aid?
6. What is Corporate Social Responsibility (CSR), do the Advocates have the duty to discharge the CSR?
7. What are the theories and best practices of legal aid, pro bono legal services and CSR around the world; and scenario in Bhutan?
8. Who are indigent people and people with economic disabilities who are entitled to legal aid if and when the State/government grants it?
9. Which is the agency who will manage this service?
10. What are the procedures and rules for the delivery of this service and how should the Advocates render pro bono legal services including mediation of cases in the courts (Court-Annexed Mediation Services) and out of courts
(commercial mediation services).
The Workshop is being facilitated by senior judges and international and national experts on the subjects. It is attended by 25 professional practicing lawyers who are providing legal services in the private sector.