Abstract
Challenges when drafting legal aid legislation to ensure access to justice in African and other developing countries with small numbers of lawyers: Overcoming obstacles to including the use of non-lawyers to assist persons in conflict with the law
Highlights
In this article I provide a brief background to my involvement in drafting legal aid legislation for developing countries that have few lawyers and face other challenges
The author further assisted in the drafting of the UN Principles and Guidelines, the United Nations Office of Drugs and Crime (UNODC) Early access to legal aid in criminal justice processes: A handbook for policy makers and practitioners (UNODC Early access handbook)[6] and the United Nations Model Law on Legal Aid in Criminal Proceedings.[7]
While provisions regarding the role of law clinics and their being formally incorporated into national legal aid schemes have been adopted at some stakeholders’ meetings and by legislative drafters, the types of provisions recommended by the UN Principles and Guidelines have not been adopted in most developing countries
Summary
The United Nations Principles and Guidelines on Access to Legal Aid in Criminal Justice Systems, the United Nations Commission on Legal Empowerment of the Poor Report, the United Nations Office of Drugs and Crime Early Access Handbook and the United Nations Model Legal Aid in Criminal Proceedings Law can all be used when drafting legal aid legislation to ensure the accessibility, effectiveness, sustainability and credibility of legal aid services. Challenges to referring to the UN Principles and Guidelines and other relevant UN documents when drafting legal aid legislation in developing countries – in Africa – with small numbers of lawyers arise because of opposition by the organised legal profession and the judiciary. They object to the use of the assistance of. A failure to establish an accessible, effective, sustainable and credible legal aid scheme may result in civil strife and even insurrection by disaffected communities
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