Tuesday 10 June 2014

The 2nd National Legal Aid Conference scheduled for 22nd and 23rd May 2014



THEME: "ACCESSIBLE AND EFFECTIVE LEGAL AID: THE KEY TO UNLOCKING UGANDA’S DEVELOPMENT POTENTIAL"
1.0.            Introduction
Access to justice is clearly reiterated as an inalienable right in international and regional human rights instruments.[1] The ICCPR elaborates access to justice as including the right to legal assistance[2] and Uganda’s Constitution further gives entitlement for an accused person charged with a capital offense to be represented in court at state expense.[3] In a number of respects, the national legal framework including the Poor Persons Defence Act; the Advocates (Amendment) Act; the Advocates (Pro bono Services to Indigent Persons) Regulations; and the Advocates (Student Practice) Rules provide for this right by way of legal aid service provision.

Access to justice through effective provision of legal aid services is more than just improving the ability of people (especially the indigent) to seek and obtain a remedy through formal or informal institutions of justice delivery. It is also a fundamental characteristic of good governance – the backbone on which development processes are based to ensure that services are equitably delivered to citizens and that peace reigns in the nation.

Read together, all the above mentioned legislations create a foundation for providing state sponsored legal aid; registration and regulation of legal aid service provision; provision of legal aid in legal practice; and provision of legal assistance as part of legal training. In spite of such existing frameworks, legal aid services are still uncoordinated, inaccessible, and not appropriately aligned to the national strategic objectives aimed at unlocking Uganda’s development.

2.0.            Background
Legal Aid Service Providers (LASPs) in Uganda use various mechanisms to deliver efficient and affordable justice such as alternative dispute resolution, legal and human rights awareness and paralegals. This has enabled poor and marginalised people to enforce, and defend their rights and those of their beneficiaries, protect their property, get legal representation and assistance in criminal matters; and know their rights. Legal aid has further contributed to poverty reduction by enabling poor women seeking a livelihood to provide family maintenance, poor widows to secure their land and ensure that they continue to have basic necessities and reduce their vulnerability, removed juveniles from the criminal justice system to enable them continue to receive an education, and ensured that poor and vulnerable workers’ rights are defended.[4]
It is evident that amidst such efforts, Uganda’s economy has moved from recovery to growth based on short to medium-term planning over the last three decades. Several complementary policies have been implemented including the Structural Adjustment Programmes (SAPs), the Economic Recovery Programme (ERP), and Poverty Eradication Action Plan (PEAP). In 2007, Government further adopted a National Development Planning Framework which provides for a 30-year vision to be implemented through three 10-year plans; six 5-year National Development Plans (NDPs); Sector Investment Plans (SIPs); Local Government Development Plans (LGDPs); Annual work plans; and Budgets. All this has been done to ensure development paths and strategies towards “A Transformed Ugandan Society from a Peasant to a Modern and Prosperous Country.

As a result, the Vision 2040 was also conceptualised around strengthening the fundamentals of the economy to harness the abundant opportunities around the country. Among other objectives, this vision aims at consolidating the tenets of good governance which include constitutional democracy; protection of human rights; the rule of law; free and fair political and electoral processes; transparency and accountability; Government effectiveness and regulatory quality; as well as citizens’ participation in the development processes. There is commitment to strengthening the coordination, implementation, monitoring and evaluation systems at national, sector and local governments so that they are fully harmonised. In doing this government ensures the participation of all players including private sector, media, civil society, cultural leaders, religious leaders and citizens.[5]

In the same regard, the first 5-year National Development Plan was launched in April 2010 with focus, among other strategic objectives, on enhancing access to justice for all (particularly the poor and marginalised persons). It proposes strategic interventions of developing and implementing a policy and framework for countrywide provision of legal aid as well as integrating innovative pilot and low cost models for aid. So far, a Draft National Legal Aid Policy has been developed with proposals for provision of legal advice and assistance in both criminal and civil cases by advocates, bar-course students and law graduates awaiting enrolment (under the supervision of an advocate), students at Law school clinics and accredited paralegals.[6]

Legal aid is currently provided by state actors such as the Judiciary through court circuits and the Justice Centres; the Uganda Police through the Community Liaison Office and the Child and Family Protection Unit; Ministry of Gender, Labour and Social Development through the Probation and Welfare Office and the Community Development Office; Uganda Prisons Services; Uganda Human Rights Commission; Administrator General’s Office; and Local Council Courts. On the other hand, Non-state Legal Aid Service Providers[7] (LASPs) also provide services in civil and criminal matters such as legal advice, counselling, alternative dispute resolution, human rights awareness, prison decongestion, and where feasible engage in court representation. These LASPs are coordinated under the Legal Aid Service Network (LASPNET) which was only established in 2004. However, the Uganda Law Society (ULS) has also enhanced access to justice by coordinating the Pro Bono scheme and the Legal Aid Project.

3.0.            Rationale for the Legal Aid Conference
The NDP (2010) states that Uganda’s development is constrained by weak public sector management and administration characterised by weak policy, legal and regulatory frameworks; weak institutional structures and systems; oversized public administration; weak civil society and civic participation; inadequate data and information; inadequate standards and weak quality infrastructure; overlapping mandates; as well as limited social protection and support systems.

Historically, Government’s implementation framework for legal aid has been limited to the State Brief Scheme whereby a person accused of a capital offence has entitlement to legal representation at state expense.[8] The 1st National Legal Aid Conference which was held in 2011 called on government to prioritise legal aid provision as a right as well as a necessity for promotion of public order and the rule of law. The LASPs have continued to complement government efforts in provision of legal aid but still face a number of challenges with regard to institutional mandates, funding alternatives, capacity development, service quality and standards.[9] This time around, the 2nd National Legal Aid Conference seeks to advance the debate on how to optimise the effectiveness of the existing legal aid framework but also assess progress made towards adoption of the draft National Legal Aid Policy, including the development of appropriate legislation.

Therefore, the participants will assess the tangible benefits of legal aid to the development agenda, focusing on the key themes of gender equality, poverty eradication, as well as social and economic wellbeing. They will determine existing capacities and/or opportunities for improving legal aid service delivery within the framework of vision 2040. This will be an opportunity to identify success stories and lessons learned but also address the major policy gaps, regulatory challenges, and practical limitations of achieving the national legal aid priorities, in relation to broader development strategies, so as to ensure prosperity for all Ugandans.

The participants will include state and non-state actors such as members of parliament, judicial officers, prosecutors, legal aid service providers, academia, human rights activists, religious and traditional leaders, as well as officers from the Uganda Police Forces and Uganda Prison Services.

4.0.            Objective
The conference is intended to demonstrate the relevance of legal aid service provision to economic, social and cultural development. But specifically, it will evaluate implementation and institutional frameworks for delivery of legal aid in Uganda, set future actions founded on best practices and drawing from the conference discussions, as well as follow-up progress made regarding the major issues raised during the 1st national legal aid conference.

5.0.            Expected Outputs
·      An elaborate conference report and position paper (expression of the agreed undertakings)
·      At least 8 working papers on legal aid service provision prepared, published and disseminated
Five agreed action points to be followed up in 2014 aro



[1] The Universal Declaration of Human Rights, Covenant on Civil and Political Rights, Covenant on Economic, Social and Cultural Rights; and the African Charter on Peoples and Human Rights, each contain a clause to the effect that all persons are equal before and under the law and shall enjoy equal protection of the law.
[2] Article 14(3) of  the ICCPR states that a person facing criminal charges shall be entitled to be tried in his presence, to defend himself in person or through legal assistance; and if he does not have legal assistance, to be informed of this right; and to have free legal assistance assigned to him, in any case where the interests of justice so require  if he does not have sufficient means to pay for it.”
[3] Article 28(3)(e) of the Constitution of the Republic of Uganda
[4] LASPs assisted more than 3.6 million people in Uganda between 2004 and 2010 (Review Report, Legal Aid Basket Fund, November 2010)
[5] Uganda Vision 2040, page 104ff
[6] In Uganda, a paralegal is a person with qualifications in law, other than a degree in law. However, people with minimal training in legal aspects have provided legal aid in many cases including legal advice, legal education, and mediating disputes e.g. the Paralegal Advisory Services has focus on educating communities on the criminal justice system, procedures, basic law relating to common offences, rights and obligations of suspects/prisoners; as well as following up cases in the criminal justice system to increase case disposal.
[7] Majority of these actors are registered and operating as Non-governmental Organisations and with particular thematic focus and specific geographical coverage within the scope of their organisational capacity and strategies
[8] However, this scheme is plagued with challenges such as inadequacy of funds, lack of adequate supervision of advocates; and lack of commitment by advocates when handling the cases.
[9] Generally, legal aid service provision is very fragmented. Most improvements towards developing a national legal aid scheme have been driven by development partners, e.g. the Legal Aid Basket Fund (LABF) and the Democratic Governance Facility (DGF).

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