Legal Aid: International Standards and Practical Models

1. Legal Aid:International Standards and Practical Models Legal Aid Symposium 27-28 October 2014 Thimphu, Bhutan Prepared by Larry Taman

2. Introduction: Three Guiding Principles • The rule of law is a vital key to development in all of its dimensions Political, social and economic development as well as development in the legal sector all depend on energizing the rule of law.

3. Introduction: Three Guiding Principles • Access to justice is a necessary part of the rule of law Access to justice exists in the real world only if citizens seeking justice have the information, understanding and resources they need in order to seek justice before the law – removing barriers equalizes citizens before the law – legal aid is an equalizer

4. Introduction: Three Guiding Principles • Legal aid is the foundation to of access to justice Legal aid brings legalresources to citizens seeking justice. It can come through public defenders, judicare, dock brief, pro bono, law schools, paralegals, community leader or a mix of systems.

5. My Involvement in Legal Aid • As a law student: in Canada, in 1967, legal aid was just beginning. I was the head of the student legal aid society. We handled cases involving employers, landlords, criminal law, social welfare law and many others. Lesson: I learned that those with legal training (Judges, prosecutors, private lawyers, professors) should work with others to build a wide variety of legal aid services • As a Deputy Minister of Justice 25 years later, I was responsible for all of legal aid in Ontario (see Links) Lesson: I learned the importance of Government support of legal aid. Many can assist and can meet special needs but they need financial and resources.

6. My Involvement in Legal Aid • As a development lawyer, I have worked for UNDP and other international organizations in many transitioning and developing countries – in Asia, in Europe and in Africa Lesson: I have learned that legal aid is the most important step a government can take if it wishes to advance the rule of law. • In 2013-14, I have worked in Myanmar and in Maldives Lesson: I have learned that without a legal aid law, there will be only limited progress in developing legal aid and the rule of law will continue to suffer.

7. UN Principles and Guidelines Some of the 14 Principles(see Links page) • Legal aid is a right of all persons. • States must enact “specific legislation and regulations and ensure that a comprehensive legal aid system is in place that is accessible, effective, sustainable and credible. States should allocate the necessary human and financial resources to the legal aid system”. • Legal aid should available at all stages of the process

8. UN Principles and Guidelines Some of the 14 Principles(see Links page) • For victims and witnesses as well as accused persons • With special measures for vulnerable people – women, children, elderly, minority, stateless and other • With training for legal aid service providers • Through partnerships – with lawyers, universities, NGOs and others

9. UN Principles and Guidelines Some of the 18 Guidelines • The State should make budget and staff available to fund legal aid. • The State should make legal aid available in the whole country and in cooperation with all government agencies • The State should provide incentives to lawyers and others to work with the poor

10. UN Principles and Guidelines Some of the 18 Guidelines • The State should inform people of their right to legal aid • The State should make other necessary legal changes (to ensure, for example, right to access a lawyer) • The State should ensure that the rights of all people are protected and that special attention should be paid to the rights of women and vulnerable people.

11. Some Models to Consider Public defender (public employees provide services) Private sector lawyers (paid for each assignment) Court assigned lawyers (assigned by the court) Pro Bono (the lawyers act without pay) Law students (law schools run legal aid clinics) Paralegals (often through NGOs) MIXED Models – different models for different circumstances Management – who manages each programme?

12. For Each Programme Delivery Model:Who? What? When? Where? How? Who is eligible for the service? What services will be provided (now and later) – there should be a broad range of services - information, advice, assistance, representation in court? When – at what stage in the unfolding of a legal issue will services be available? Where – in what locations? How will it be delivered? How will it be accountable. How to maintain the independence of service providers?

13. Designing a Legal Aid Plan:Some Challenges in the Design Process Voices – hearing all the voices and paying attention to their concerns in designing – Green Paper (Maldives) – broad consultation – listening to people Places – making sure that the legal aid plan policy will help meet the needs of people who have little or no access to lawyers Providing service – calling on everyone who can help to ensure that legal assistance is available – judges, lawyers, students, paralegals, traditional justice, social service officials, others – not just legal professionals Resources – the rule of law costs money – just like hospitals, schools and roads – no budget for legal aid = no legal aid = no rule of law

14. Some Legal Aid Links • UN Principles and Guidelines: http://www.unodc.org/documents/justice-and-prison-reform/UN_principles_and_guidlines_on_access_to_legal_aid.pdf • UN Commission on Legal Empowerment of the Poor (2008): http://www.undp.org/content/undp/en/home/librarypage/democratic-governance/Lep/making-the-law-work-for-everyone---vol-i---english/

15. More Legal Aid Links • Legal Aid Ontario http://www.legalaid.on.ca/en/

16. TashiDelek