ASJP funds workshop on Legal Aid Guide

                                     ASJP funds workshop on Legal Aid Guide

The Deputy Team Leader of Access to Security and Justice Programme (ASJP), Ms. Amie Kandeh underlined her organizations commitment to supporting government to ensure increased access to justice especially for the poor and vulnerable. She lauded the initiative to set up the Legal Aid Board and pledge her organization’s continued support to it.

In his presentation on the Legal Aid Act, distinguished Senior Legal luminary, Mr. Francis Gabbidon described the Legal Aid Act as ‘a game changer’ which he argued will revolutionize criminal and civil justice in the country. ‘The scheme will make justice accessible, affordable, credible and sustainable’ he noted. He further underscored the role of actors - accredited Civil Society Organizations, Non-Governmental Organizations, Paralegals, law clinics - in the scheme.

Mr. Gabbiddon talked participants through the seven parts and forty sections of the Act. He particularly underlined the difficulty participants will face in determining qualification for legal aid which he noted is not unique to Sierra Leone.

The head of UN Women in Sierra Leone, Dr. Mary Okumu said women are still disadvantaged in enjoying protection of the rule of law on the basis of equality with men. ‘The gender gap between the legal provisions and practice in the administration of justice is profound and outstanding’ she noted.

She added that access to justice for women is still fraught with challenges and noted that her agency will provide support in ensuring a transformative agenda to ensure equality for women. ‘We will support legislation of progressive gender equality laws and their implementation through Access to Justice Programme’ she noted. ‘These processes must guarantee that women, men, boys and girls receive fairness and justice in redress to any violation of their rights.

She emphasized that the guide must be inclusive to signal a justice system that is pro-poor, and responsive to the rights and concerns of different categories of women and men, boys and girls. In addition, she noted that it must define access to justice system, processes and services that are gender responsive and accessible to all women, men, boys and girls particularly those who are marginalized and excluded.

The workshop was climaxed by discussions on the suggestions on the draft Legal Aid guide from the three working groups. The qualification for legal aid attracted the most scrutiny. The consensus among participants was that the maximum net monthly income of five hundred thousand leones (Le500,000) for qualification for legal representation is too low. One group suggested that it should be increased to one million five hundred thousand leones (Le1,500,000).

It was also suggested that rather than stipulate an amount, the guide should speak of the minimum wage at the time of applying for the legal aid. In addition, other factors should be taken into consideration in assessing eligibility for applicants. This includes unemployment in the formal sector, engaging in subsistent farming, lack of asset or property, dependants and vulnerable groups and the person should not be engaged in income generating activities.

It was also suggested that termination of representation as stipulate in the guide is harsh. It was therefore suggestion that it should be based on the decision of a review panel. Provision of legal aid to asylum seekers and capital offences also came under scrutiny with some suggesting that the former should be left with the UNCHR to handle for now while the latter is already catered for by the judiciary.

In her reply the Executive Director maintained that legal aid the world over is available to asylum seeker and there is no reason why Sierra Leone should be an exception although the Board will prioritize in respect of the immediate categories of people who need legal aid.

The workshop ended with the setting up of a committee to finalize the Guide which will take on board suggestions and decisions reached by participants.