Community Driven Law Implementation Mechanism

Đăng lúc: 20/12/2016 14:03

The Community Driven Law Implementation Mechanism is a flexible application of the CDOGM (Community Driven Operational-level Grievance Mechanism) model of Earthrights International by LPSD. Under this mechanism, communities affected by industrialization and modernization projects will proactively connect stakeholders, requiring businesses and authorities to properly and adequately fulfill their responsibilities to assure the legitimate rights and interests of the community, handle the consequences and compensate for environmental, livelihood and cultural losses. 

 

Steps taken by LPSD:

1. Community selection

According to the principles of operation of LPSD, we choose to support communities based on the following criteria:

(1) The community is vulnerable, affected by industrialization and modernization and is unable to have access to their legitimate rights and interests.

(2) The problem of the community is a common problem, which can constitute a model for wider application.

(3) The community can use legal tools and connect stakeholders to solve the problem.

(4) The community is united, enthusiastic, calm and honest.

(5) The community’s structure ensures gender balance and harmony of different age groups.

2. Community integration

In this step, we research the problems, the structure and the culture of the community as well as analyse related legal documents. We conduct scoping trips to the local community area to understand more about their problems and build their trust. We also invite the community to participate in the periodic community meeting involving leaders from different communities in Hanoi to help them understand better about their problems by on their own and know how LPSD works.                                                                                                                            

3. The impact assessment

Through the collected information and documents, we analyze and evaluate the rights of the people which are not guaranteed as well as the responsibilities of the parties that have not been fulfilled.

4. Establishment of a legal status

Through the request for assistance from the community, LPSD and the community sign a support agreement and inform stakeholders about the commencement of case. Stakeholders include, but are not limited to: Government Offices, Investors, Enterprises, Media, Professionals and so on.

5. Solving the problem

In this step, LPSD and the community build a plan together to resolve the problems in many ways, including through judicial and non-judicial mechanisms. We share knowledge, accompany the community and connect them with other stakeholders. We create an environment for community and stakeholders to have dialogues and share their thoughts as well as their expectations.

We also create conditions for affected communitues to meet and exchange information, and share their stories and common concerns to learn each other.  

We regularly review and evaluate our steps with the community to make timely and appropriate adjustments.

We understand that by using this mechanism to support the community, we have to face many challenges because the workload is heavy, the issue cannot be resolved in a short time and stakeholders may not be cooperative. However, we believe that only when the process of overcoming the challenges caused by industrial development is undertaken by the affected communities, will these remedies be truly satisfactory. This is because these communities are the ones who know best about the problems that they are facing, to come up with the best solutions. 



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The Law & Policy of Sustainable Development Center
Address: Room 12A14, HH2 Bac Ha building, To Huu street, Hanoi, Vietnam.
Tell: (84-4) 3.8549911
Email: cdteam.lpsd@gmail.com - Website: http://l-psd.org