The lawyers training program

The lawyers training program was one of my principal assignments in Mongolia. Obviously, I spent the better part of the week preparing for my eight separate presentations, covering approximately 4 hours of the actual 7½ hours of training. I think the program went pretty well, except for the very serious issue of a very small attendance: approximately 15 lawyers, plus the students in the clinic. 

I am not entirely sure that we offered information of particular value, which may explain the small attendance. I presented what I could:  information about public interest law in general, obviously based upon my experience in the United States, and suggestions for what might be tried in Mongolia, based upon my seven weeks of observation of Mongolian law. I don't know what else I could have done, but I still wonder how valuable the information actually is for Mongolian lawyers.

Some of my presentations, pertaining to the topic of public interest law in general (with a lengthy segment devoted to the civil rights movement in the South, and the particular impact of Brown vs. Board of Education) were designed for a general audience. Other presentations, such as the possible use of international law and the Mongolian Constitution in public interest litigation, were aimed at practicing lawyers.  

Mongolia is one of the few countries in the world that explicitly incorporates international law, including customary international law, in its civil law. This is the direct opposite of the United States, which does not even recognize international treaties that it has signed as part of its own law (cf. the 2008 Supreme Court decision in Medellin). 

Although the Mongolian Constitution provides for a wide range of rights, and Mongolia, like many Asian countries and many countries formerly dominated by the Soviet Union, has a special Constitutional Court, the concept of constitutional litigation is radically different than in the United States. I made a presentation on possible uses of the Constitution, including an explanation of the difference between facial unconstitutionality and unconstitutional as applied.

I also made presentations on the concept of standing for nongovernmental organizations, on the implications of the United States law of evidence, particularly with respect to expert witnesses, for Mongolia, and on nonlitigation tactics, such as boycotts, publicity and creative litigation strategies. 

We had the services of a very good translator; a very interesting woman who works for a women's rights NGO and is also fluent in Russian (having gone to Russia as a student in the last years before 1990). I very much enjoyed hearing her political perspective about the changes in Mongolia and am sorry that I probably will not have another opportunity to speak to her at greater length.

I gave the students my camera to take pictures during the program and they took 98 pictures. Some of them are attached below.

Chimge and me introducing a topic

Lunch: Chimge is next to me, across from Khishge: the translator is across from me

My apartment neighbor Hugh stopped by for about an hour

Several students from the clinic: Eegi, Nomio, Duya, Mumbuu and Baigali

Group photo of all participants

the conference room

After the program, we went back to the CHRD office, where Khishge, Amra and I drank a bottle of Chinggis Vodka. I had gone back to my apartment to get it, and did not realize that I was at serious risk of getting arrested walking back to the CHRD office with the bottle: apparently it is illegal to purchase alcohol on the first day of the month and the police may ask someone seen with alcohol in public where and when it was purchased.