Rule of Law for Human Rights in Integrating into a Rules-Based ASEAN

 

4. Impartiality and Independence of Judicial Proceedings 27

a. Reports of Corruption, Strong Executive Influence, Politics, and ‘Party’

Influence that Undermine Independence and Impartiality 27

b. Actual Prosecutions under Laws relating to Accountability 28

5. Provision of Competent Lawyers or Representatives by the Court to

Witnesses and Victims-Survivors 29

a. Mixed Levels of Competencies of Lawyers in ASEAN States 29

b. No Requirement for Witnesses and Victims-Survivors to have a Lawyer in a State 29

6. Safety and Security of the Judiciary, Prosecutors, Litigants, Witnesses,

and Affected Public 29

a. New Witness Protection and Whistleblower Protection Laws and Programmes 29

b. New Law on Security Mechanisms 29

c. Persistence of Safety-Related Issues of Judges, Witnesses, and Litigants in

Some States 30

7. Specific, Non-Discriminatory, and Unduly Restrictive Thresholds for

Legal Standing 30

a. ‘Liberalisation’ and Clarification of Legal Standing Thresholds 30

8. Publication of and Access to Judicial Hearings and Decisions 31

a. Open Access to Court Proceedings and Decisions, but with Exceptions 31

9. Reasonable Fees and Non-Arbitrary Administrative Obstacles to

Judicial Institutions 31

a. New Initiatives and Institutions that Promote Access to Justice and Address

Administrative Obstacles 31

b. Persistence of Some Access to Justice Administrative Obstacles 32

10. Assistance for Persons Seeking Access to Justice, including Available and

Fair Legal Aid to All Entitled 32

a. New Assistance Programmes in Some States (Aside from Legal Aid) 32

b. New Laws, Policies, and Programmes on Legal Aid 33

c. Reports on the Insufficiency of Some Legal Aid Systems 34

d. Varying Levels of People’s Awareness of Pro Bono Initiatives 35

11. Measures to Minimise Inconvenience to Litigants and Witnesses, and their

Families, Protect their Privacy, and Ensure Safety from Intimidation/Retaliation 35

a. New Law to Minimise Inconvenience and Protect Witnesses and Families

in a State

V. Rule of Law for Human Rights in Integrating into a Rules-Based ASEAN 36

A. The Envisioned Rule of Law in Integration 36

B. Progress Towards Achieving a Rules-Based ASEAN Community 37

1. On Mutual Support and Assistance on the Rule of Law 37

a. New Ratifications of the ASEAN Mutual Legal Assistance Treaty