by Ken Oh
Around Asia, internet users face several barriers to doing legal research. The barriers can be political, as the recent row
between China and Google demonstrates. In some cases, developing countries do not have the capacity to provide internet access to their citizens. Finally (and likely the most easily fixed), the barriers can be more practical: once you have internet access, how do you know where to search?
The situation is especially daunting for those searching for legal information Traditional legal resource sites like LexisNexis and Westlaw, the two sites most often used by American lawyers, have little information about Asian laws. Those services also require paid subscriptions, a pay wall that often leaves out underfunded nonprofits. Researchers looking elsewhere online face a second challenge: how can one verify the accuracy of the information? Many people are left to navigate their own online path through this uncharged legal terrain. So what are the alternatives?
In March 2010, Asia Catalyst launched the “public beta” version of its Asian AIDS Law Database. The database is a free, user-friendly resource, searchable in Chinese and English, which enables researchers to find HIV/AIDS-related statutes throughout Asia. Much of the information contained in the database is compiled from other online resources, which may also be useful to colleagues doing research in Asia.
Some sites provide a broad range of legislative information from several or many different countries. For example, Commonwealth Legal Information Institute (CommonLII) aims to provide core legal information from all the Commonwealth countries and regions. Toward this end, CommonLII hosts a database containing statutes and case law from Bangladesh, Brunei, Hong Kong, India, Malaysia, Pakistan, Papua New Guinea, Singapore, and Sri Lanka. The database contains diverse general legal and background information, including constitutional documents.
The United Nations Office of the High Commissioner for Human Rights is useful for finding information about UN economic and social rights instruments, ratification dates, and UN monitoring bodies.
Other websites are specifically dedicated to certain subject areas. For example, the World Intellectual Property Organization hosts a Collection of Laws for Electronic Access (CLEA), which focuses specifically on national intellectual property legislation and international agreements. It is a useful resource for national and international laws regarding access to medicines, compulsory licensing, and government approaches to public health crises. AIDSLEX is a web portal providing access to a wide range of resources, including laws, judicial decisions, research reports and editorials. The site is accessible in English, French, Spanish and Russian, with plans to include Chinese and Arabic by summer 2010. The International Labor Organization houses an impressive collection of labor and employment laws from countries throughout Asia. And the Sex Workers Rights Advocacy Network, which does advocacy work in Central Asia, houses trafficking-related laws from countries such as Cambodia and Thailand.
Many governments or large nongovernmental organizations make their own countries’ laws available. Vietnam, Malaysia, Singapore and Hong Kong all update their government websites frequently. Countries such as India have prominent nongovernmental organizations or public interest law firms, such as Lawyers Collective, which provide updates on laws in the areas where they work.
How do you evaluate the accuracy of information that you find online? Grassroots organizations and lawyers who conduct online legal research must be aware that the law is perpetually evolving and constantly changing, and that websites may not always be up-to-date. While these problems may be an inevitable byproduct of the increasing accessibility of online
information, the stakes are especially high in the field of human rights. Therefore, lawyers and others in the field should be especially vigilant and diligent in their research. We recommend contacting local organizations to verify that the legal information you find online is up-to-date.
Ken Oh is a lawyer and the editor of Asia Catalyst’s Chinese-language website, Asia Report, www.yazhoudiaocha.com.
