𝐀𝐭𝐭𝐨𝐫𝐧𝐞𝐲 𝐆𝐞𝐧𝐞𝐫𝐚𝐥 𝐋𝐞𝐚𝐝𝐬 𝐍𝐚𝐭𝐢𝐨𝐧𝐰𝐢𝐝𝐞 𝐋𝐞𝐠𝐚𝐥 𝐀𝐰𝐚𝐫𝐞𝐧𝐞𝐬𝐬 𝐃𝐫𝐢𝐯𝐞

By Kuenzang Lekzel

The recent report by the Bhutan Transparency Initiative (2023) highlights minimal public awareness regarding the roles and functions of the Office of the Attorney General (OAG). According to the report, a significant segment of the population (33.3%) believes that the OAG needs to amplify its advocacy efforts and raise awareness about its services and mandates.

The OAG Act mandates the promotion of legal awareness among the public. It is crucial to focus on legal matters and act on them, as the Attorney General serves as the government’s legal advisor, represents the government in legal matters, and formulates laws. With over 100 laws, it is infeasible to address all of them. Currently, the focus is on covering the fundamental responsibilities outlined by the OAG Act and the other services the justice sector offers, including marriage law, drug issues and laws, notary services administered by the Public Notary Office, judiciary services, and the provision of legal assistance to financially disadvantaged individuals to ensure equal access to legal representation and services.

The OAG initiated its awareness program only last year. Despite the OAG Act mandating the creation of legal awareness, such programs had not been initiated before. Virtual awareness programs have proven to be least effective. “We are not sure if they are even listening,” said an official from the Attorney General’s office. A study conducted by the Bhutan National Legal Institute (BNLI) confirms that virtual programs are less effective.

The recent focus includes addressing prevalent legal concerns such as consensual relations with minors, the significance of conducting legal due diligence by public servants, civil liability under the Civil Liability Act, the importance of reporting crimes, and the right to legal counsel. These issues represent common legal challenges that the community needs to be informed about. For instance, the emphasis on drug law stems from the significant number of drug-related cases, with 425 cases received by the Office in 2023. Additionally, the inclusion of other topics is informed by observed trends and issues encountered while handling cases and providing services.

Thinley Wangdi, Khatoed Gup (head of a gewog) of Gasa Dzongkhag said, “The awareness program is very beneficial, and we have heard only positive things about the Office of the Attorney General of Bhutan. However, we are not familiar with their work and work ethics.” From yesterday’s program, he said he was able to grasp some necessary information. Hereafter, he plans to inform the community about the Office of the Attorney General, their work, what they are doing, and everything that was explained yesterday.

The constitution of Bhutan and the laws are known to some people; nowadays, everyone is talking about the constitution of Bhutan. However, some people are still unaware of it. He expressed, “From my side, I cannot say that I understood 100%, but I do understand about 30%-40%. I plan to share what I have understood whenever we have a community meeting, taking the opportunity to inform them about the awareness.” The takeaway from yesterday’s program was that children under 18 do not receive the MC. Additionally, if there is no loyalty between a man and a woman, and they divorce three times, they will not receive alimony and many more. We are planning to share all of this information with the community. “Overall, I am well reserved with information and I plan on sharing with my community as possible,” he added.

While there is a recognized necessity for advocacy initiatives based on public perception, there exists a broader spectrum of justice services and laws vital to the community. Dissemination on legal aid, marriage laws, and drug regulations holds particular importance as they directly address community concerns. The OAG stands poised to extend legal services more extensively once its mandates and functions are widely known. It is proposed to implement an integrated awareness program involving other justice sector institutions such as the Bhutan National Legal Institute and the Judiciary. Involving other sectors not only reduces duplication and cost but also enhances uniformity in what is disseminated.

Sonam Tashi, Gewog Administration Officer of Khamaed Gewog, Gasa Dzongkhag said, “For me, the awareness program benefited me in many ways. Although we are generally aware of the rules and regulations, we often do not know the exact details about law because we rarely put them into practice. Thanks to the OAG awareness program, we might not know everything, but we can guarantee that we have gained 80% of the necessary information. This knowledge not only helps us but also enables us to assist the community with the information we have acquired.”

Regarding the rules, some might be clear and some might not be. Through this program, the community can create awareness and share their ideas and thoughts on how rules and regulations are implemented. “We might not be able to conduct the awareness program individually, but we can do it during our regular community or village meetings. During these gatherings, we can discuss the OAG awareness program and its objectives with the attendees,” said Sonam.

Regarding the OAG program in gewog and chiwog are very beneficial, helping the community become more informed. The OAG awareness program can greatly assist the community, especially if villagers face problems related to rules and regulations, which can be a common issue. Even though we live in a digitized world, there are still remote areas where people have limited access to information.

An official from the Attorney General’s office stated, “We are planning to cover the entire district after receiving positive feedback from the participants. However, it will depend on the financial support by the government. For this plan period (12 plans), we are planning to cover the western and central southern region, covering 11 districts. We have covered 8 till now.” The target demographic includes LG leaders, Dzongkhag officials, and sector representatives, as they serve as liaisons with the community. Given their literacy levels, communication is not currently a barrier.

Their responses have been overwhelmingly positive, prompting consideration for making this an annual event with extended duration covering additional laws. “While we aspire to sustain these efforts based on received feedback, the continuity of our advocacy programs hinges on budgetary allocations. Alternate advocacy methods leveraging digital platforms may be explored if budgetary constraints arise,” the official from the Attorney General’s office added.

Law plays a crucial role in community dynamics. Positive feedback received underscores the impact of the initiatives in empowering participants with legal knowledge and equipping them to navigate legal issues with due diligence. Anticipated outcomes include an increase in workload, which they are proactively addressing, enhanced efficiency in service delivery, and heightened public satisfaction with justice services.