A call to expedite Bill on legal aid provision
- 27 November 2014 -
- Written by Laspnet
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KAMPALA - Government has been urged to fast-track the passing of the National Legal Aid Policy and Bill into law to help regularize the activities of legal aid providers.
Lady Justice Solomy Balungi Bossa of the Court of Appeal and the Constitutional Court made the remarks while opening the 5th Annual General Assembly (AGM) of the Legal Aid Service Providers’ Network at Protea Hotel in Kampala on Saturday.
She said: “I am reliably informed that a draft legal aid policy is awaiting adoption by cabinet and a legal aid bill is being drafted”.
“This is long overdue and all key stakeholders need to appreciate that further delay will continue to impact negatively on access to justice for the indigent and vulnerable persons.”
Bossa asked parliament and the finance ministry to amplify debates and expedite the adoption of the long-awaited National Legal Aid Policy and Bill.
She noted that there are more than 40 registered legal aid service providers – both government and non-government actors – but that they were operating in the dark without any streamlined procedures, a situation she said was dangerous.
“Legal aid is a human right and a key ingredient of the right to a fair hearing and the state as a key duty bearer to respect, protect, promote and fulfillment of human rights of citizens, is expected to provide legal aid to those who are unable to afford paid legal services to enable them seek legal redress,” she said.
Legal aid is the provision of free legal services to people who cannot afford those of a paid lawyer. It has been going on in Uganda for more than 20 years but mostly through the non-state actors such as the Uganda Law Society, Legal Aid Project and the Federation of Uganda Female lawyers (FIDA).
Ugandan laws also require that every practicing advocate dedicates at least 40 hours a year to serving people with legal aid problems where such people cannot afford to engage a private lawyer.
According to Bbosa, in Uganda, legal aid services have for a long time been provided by both the State and non-State actors without any comprehensive policy backing from the Government.
“We ask for a policy to guide the providers and also help in accessibility.”
The judge explained that having a formal policy to regularize the activities of the legal aid providers is necessary since there are more than 36 per cent poor Ugandans who cannot afford the hired legal services of advocates.
Salima Namusobya, the outgoing board chair of the Legal Aid Service Providers’ Network said there are few players in the country mainly because they do not have capacity to fund their activities.
“The policy and act will create a fund to help government provide legal aid services countrywide,” she explained.
The assembly also explored and discussed initiatives aimed at addressing major policy gaps, regulatory challenges and practical limitations to achieving the national legal aid priorities.
