Assessment of Legal Aid in Ethiopia A Re
Assessment of Legal Aid in Ethiopia A Re
Assessment of Legal Aid in Ethiopia A Re
Editor
Kokebe Wolde
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Disclaimer
The views expressed in this publication are those of the authors and the
discussants at the Workshop and do not necessarily reflect the position of
Addis Ababa University, the Center for Human Rights or that of the
Norwegian Embassy.
Table of Contents
Preface...........................................................................................................................vv
viii
Acronyms....................................................................................................................vii
lawyers ” something that is true for the vast majority of our population. The
traditional markers of exclusion and marginalization, especially gender and
disability, also operate here. It is indeed a sad fact that despite progresses made in
ensuring the equal rights of women in the legal and policy arenas, women still
continue to be disproportionately adversely affected in their participation in and
benefitting from the justice system and the services of the legal profession
These are just some of the factors, perhaps major ones, but by no means
exclusive ones, that hinder the effective realization of the right of access to justice. In
the absence of rights advice and legal information provision, and in so long as legal
services are inaccessible, those who do not have the financial and economic
wherewithal and those that belong to especially and traditionally excluded or
marginalized social groups in our society will continue to be unable to use the law
and its mechanisms to enforce their rights and to redress the wrongs they suffer. Our
Constitutional commitment, as well as the obligations that we assume under
international human rights law, thus make it imperative that there be a vibrant system
for free legal aid and legal information provision that involve the concerted effort of
all stakeholders to seek ways and means so that those who cannot afford the paid
service of the lawyer can have a meaningful and functioning opportunity to have a
resort to avail their right of access to justice. This is, indeed, a responsibility that has
to be borne not only by state agencies at all the federal, regional and local levels, but
also by civil society organizations, including professional and mass associations,
academic institutions such as universities, legal professionals including lawyers and
law students, as well as all those who are interested in seeing to it that all Ethiopians
enjoy their rights and that the Ethiopian legal system operates fairly and equitably,
As of present there are flickering attempts by some governmental and non-
governmental institutions at providing legal aid services in the country. Although the
impact of the services provided by these institutions is not yet systematically studied,
casual observation reveals that the activities of these legal aid service providers lacks
the necessary resource and capacity, and is little publicized. While the initiation of
the services is commendable in itself, it is still very limited both in terms of the
vi
Preface vii
geography and demography covered, and in terms of the services that are being
rendered. There is also a feeling that the service may benefit from a more enhanced
coordination among the service providers. Quite evidently, there is a big assignment
ahead to make the legal aid system robust and more relevant to the justice system.
This is by no means to belittle the efforts and contributions of the various legal aid
providers to the justice system so far made. It is just to emphasize that collaborative
work by the actors and stakeholders in legal aid provision is crucial to uplift the state
of legal aid provision in Ethiopia.
With this view in mind the Center for Human Rights of Addis Ababa
University hosted a National Workshop of Legal Aid Providers in Ethiopia from May
9- 10, 2013. The Workshop was intended to create a forum for the different actors
that are engaged in legal aid provision to discuss the state of legal aid in Ethiopia,
share their experiences, and map the way forward to improve the state of legal aid.
At the Workshop a research report on assessment of legal aid in Ethiopia
commissioned by the center for Human Rights (AAU) was also presented. The
research report provided an overview of the state of legal aid in Ethiopia and served
as a basis on which the Workshop participants made deliberations on the
opportunities, challenges and the way forward of improving access to legal aid in
Ethiopia.
This publication is a follow up of the Workshop. It includes the research
report on Assessment of Legal Aid in Ethiopia and a summary of the main points
raised during participants’ discussion at the Workshop. A Directory of Legal Aid
Providers containing basic information about legal aid providers in Ethiopia culled
from the research report on Assessment of Legal Aid in Ethiopia is also appended to
it. We hope that this publication will be informative and serve as starter for further
endeavors to improve access to justice.
Elshady Kifle
Chair, Center for Human Rights
Addis Ababa University
vii
List of Acronyms
AA Addis Ababa City
AAE Action Aid Ethiopia
AALF-AAU Alumni Association of Law Faculty of Addis Ababa University
AAU Addis Ababa University
AAU-CHR Addis Ababa University, Center for Human Rights
ACHPR African Charter on Human and Peoples’ Rights
ACPF the African Child Policy Forum
ACRWC African Charter on the Rights and Welfare of the Child
ANPPCAN Association for Nation-wide Action and Protection against Child Abuse and Neglect
APAP Action Professional Association for the People
BoWCYA Bureau of Women, Children and Youth Affairs
CAT Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or
Punishment
CBOs Community Based Organizations
CCERD Committee on the Convention against Racial Discrimination
CEDAW Convention on the Elimination of All Forms of Discrimination against Women
CERD Convention on the Elimination of Racial Discrimination
CJPO-FSC The Child Justice Project Office of the Federal Supreme Court
CJAP Criminal Justice Administration Policy
CLPC Children’s Legal Protection Center
CPUs Child Protection Units
CRC/UNCRC United Nations Convention on the Rights of the Child
CSO Civil Society Organization
CwDs Children with Disabilities
CWPUs Child and Women Protection Units
EBA/ELA Ethiopian Bar Association/Ethiopian Lawyers Association
ECLF Ethiopian Christian Lawyers’ Association (Advocates Ethiopia)
EHRC Ethiopian Human Rights Commission
EHRCO Ethiopian Human Rights Council
EIO Ethiopian Institution of the Ombudsman
EWLA Ethiopia Women Lawyers Association
FDRE Federal Democratic Republic of Ethiopia
FFIC Federal First Instance Court
FLACs Free Legal Aid Centers
viii
Acronyms ix
ix
Assessment of Legal Aid in Ethiopia: A Research Report
By
Anchinesh Shiferaw and Ghetnet Mitiku
Editors
Fasika Hailu and Kokebe Wolde
Table of Contents
Executive Summary.................................................................................................................................55
Part one: Introduction...............................................................................................................................8
1.1 Background...................................................................................................................................8
1.2 Scope of the Study......................................................................................................................10
1.3 Research Method........................................................................................................................11 11
1.4 Limitations..................................................................................................................................12
1.5 Organisation of the assessment..................................................................................................13 13
Part Two: Conceptual Framework.........................................................................................................14 14
2.1 Background.................................................................................................................................14
2.1.1 Meaning of Legal Aid........................................................................................................14 14
2.1.2 Relevance of Legal Aid...................................................................................................... 16
2.1.3 Emergence and Development of Legal Aid.......................................................................18 18
2.2 International and Regional Human Rights Framework for Legal Aid.......................................23 23
2.2.1 Access to Justice.................................................................................................................24
2.2.2 Fair Trial.............................................................................................................................25
2.2.3 Equality before the Law.....................................................................................................26 26
2.2.4 Implications of the Human Rights Framework.................................................................27 27
2.3 Models of Legal Aid Service Provision.....................................................................................35 35
2.3.1 State Provided Legal Aid...................................................................................................35 35
2.3.2 Provision of Legal Aid by the Legal Profession...............................................................37 37
2.3.3 Legal Aid Provided by NGOs...........................................................................................40 40
2.4 Legal Basis for Legal Aid in Ethiopia.......................................................................................46 46
2.4.1 Recognition of International Standards.............................................................................46 46
2.4.2 National Laws and Policies................................................................................................48 48
2.4.3 Institutional Mandates........................................................................................................53 53
Part Three: Findings...............................................................................................................................57
3.2 Profile of Legal Aid Service Providers......................................................................................58 58
3.3 Accessibility of Legal Aid Services...........................................................................................62 62
3.3.1 Legal Awareness................................................................................................................63 63
3.3.2 Physical Access..................................................................................................................66 66
3.3.3 Program Access.................................................................................................................71 71
4 Assessment of Legal Aid in Ethiopia Assessment of Legal Aid in Ethiopia
4
Executive Summary
This research was conducted with the objective of assessing the practice, gaps
and challenges in the provision of legal aid service in Ethiopia, as well as the level of
networking and coordination among the various legal aid providers. More
specifically, it aimed to analyse the relevant international and national legal and
policy frameworks concerning legal aid provision; review existing research and
documentation on the provision of legal aid services; create a data base of existing
legal aid service providers; examine the service provided by various actors; assess
the level of cooperation and coordination among legal aid providers; and, identify
challenges and good practices in the provision of legal aid service.
The scope of the research covered legal aid service rendered by NGOs, higher
learning institutions, professional associations and government organs in civil cases.
Both quantitative and qualitative research methods including literature review,
primary data collection through field visits and stakeholders’ consultations were
employed to undertake the assessment.
The assessment, in addition to compiling a database of legal aid service
providers, has identified important findings concerning the accessibility, delivery and
use as well as the quality of legal aid services. Accessibility of legal aid services is
analyzed in terms of legal awareness, geographic proximity, program coverage and
financial cost of accessing the service. The findings of the assessment indicate that in
terms of legal awareness most legal aid service providers have programmes designed
to improve awareness among their target communities as well as key actors and
stakeholders. Distribution of IEC materials, radio broadcasting, and outreach
programs are more commonly employed with varying degrees of success for the
purposes of creating awareness and introducing available services. The geographical
6 Assessment of Legal Aid in Ethiopia Assessment of Legal Aid in Ethiopia
6
coverage of legal aid services varies from region to region. For the most part, the
services are generally urban focused and closely related with the justice institutions
located in urban areas. With regard to financial accessibility, all legal aid services are
provided free of charge except for incidental/opportunity costs which are not covered
by service providers in most cases. Various methods are employed among legal aid
providers to identify beneficiaries eligible for legal aid services. It is submitted that
there is a need to set uniform eligibility criteria that can be utilized by all legal aid
providers at the national level.
The analysis on delivery and use of services focused on the identity of actors
delivering legal aid services, the range of services provided, and the methods of
delivery. The findings indicate that the nature of the institution providing the services
is an important factor in terms of determining the identity of the personnel giving the
legal aid service. Universities generally use staff and students while professional
associations and government organs utilize advocates licensed to practice before
federal and regional courts. Charities and societies, on the other hand, tend to engage
lawyers and paralegals. The most recurrent cases entertained by the legal aid service
providers are civil cases, especially family, property and labor cases, maintenance
allowance, and succession issues being the most frequent cases. The range of
available services covers oral advice or legal counseling, preparation of pleadings
and other documents, and legal representation by advocates before a court of law
with oral advice being the most recurrent. Finally, the beneficiaries of the services
are the poor with women and children targeted by most service providers. Other
groups of beneficiaries include the elderly, PLWHA and inmates of detention
facilities.
AAResearch
ResearchReport
ReportononLegal
LegalAid
AidService
ServiceininEthiopia
Ethiopia 77
The assessment analyzed the quality of legal aid services in addressing the
justice needs of the beneficiaries. This is gauged using three criteria: establishing
professional standards for personnel providing the service; existence and adoption of
model rules; and provision of relevant training for personnel providing the service. In
addition to the code of conduct for advocates provided by law at the federal and
regional levels, a few legal aid providers have developed guidelines and standards
governing the provision of legal aid service by them. However, the assessment found
that such professional standards are lacking among most legal aid service providers.
The same is true with regard to case management and follow up systems which are
found to be less than adequate in the case of most legal aid providers. Organization
of training programmes for the personnel that actually provide the service are
generally limited to orientation sessions and limited short term training opportunities.
The assessment did not find any systematic training programmes for services
providers, but for one of the legal aid providers covered by the assessment.
The assessment has come up with detailed recommendations for action by
various actors with particular emphasis on the concrete actions that should be taken
by the legal aid service providers themselves with the view to improving the
accessibility, delivery and quality of legal aid service in Ethiopia.
8
Assessment of Legal Aid in Ethiopia Assessment of Legal Aid in Ethiopia
8
1
Saeed, S., ‘Legal Aid Bill: Analytical Study’, Khartoum Sudan, 2010.
2
See Article 14 (3 (d)) of International Covenant on Civil and Political Rights [Hereinafter ICCPR],
1966; Article 40 (2) of Child Right Convention [Hereinafter CRC], Dakar Declaration on the Right
to Fair Trial in Africa, 1999, and Lilongwe Declaration on Accessing Legal Aid in the Criminal
Justice Systems in Africa, 2004[Hereinafter Lilongwe Declaration].
3
Constitution of the Federal Democratic Republic of Ethiopia, 1995, Proclamation no. 1/1995, Fed.
Neg. Gaz. year 1, no. 1, Article 20(5) [Hereinafter FDRE Constitution].
4
See Lilongwe Declaration Supra note 2.
5
FDRE Constitution, supra note 3, Article 37.
A Research Report on Legal Aid Service in Ethiopia 9
A Research Report on Legal Aid Service in Ethiopia 9
However, there are many instances where one cannot do so because of lack of
awareness about existing legal remedies and financial setbacks to hire a lawyer. The
indigent and the vulnerable are primary victims in the category of persons who
cannot enjoy this right. To remedy these obstacles on the enjoyment of the right to
access to justice, free legal aid service is rendered by governmental and non-
governmental institutions.
In Ethiopia, apparently, various actors, both governmental and non-
governmental, are engaged in the provision of legal aid service to the indigent and
members of vulnerable groups. However, the approaches and methods the various
actors follow in the provision of the service, the kind of services they provide, the
profile of the providers, and how the service is delivered, and the general trend in
legal aid provision is little known. The governing legal and policy framework is not
studied before. This research is therefore intended to examine the legal and policy
framework pertaining to the provision of legal aid service and assess the practice of
legal aid service provision in Ethiopia.
1.2. Objectives
General Objective
The main objective of this assessment is to identify the trend in legal aid
provision by different governmental and non-governmental organizations including a
description of the main legal aid practices, gaps and challenges thereof, and
identification and description of the coordination and cooperation among the various
legal aid providers.
Specific Objectives
Specific objectives of the research include:
10Assessment of Legal Aid in Ethiopia Assessment of Legal Aid in Ethiopia
10
6
The Public Defense Office at the federal level is established by Federal Courts Proclamation, 1996,
Prol. No. 25/1996, Fed. Neg. Gaz., Year 2, No. 13 under the Federal Supreme Court with a view to
provide legal representation for defendants at the trial stage. Similar offices at the regional levels
are established by the respective regional legislator under the regional supreme courts.
A Research Report on Legal Aid Service in Ethiopia 11
A Research Report on Legal Aid Service in Ethiopia 11
7
See annexes 4 and 5 for the list of informants.
8
These are EWLA, ECLA, ELA and FSC-CJPO.
9
Addis Ababa University Center for Human Rights’ legal aid centers (Adama and Hawassa
branches), Hawassa University Legal Aid Center, Mekelle University Legal Aid Center, Adama
University Legal Aid and Research Center, Bahir Dar University Legal Aid Center, Haromaya
University College of Law Free Legal Service Center, Jimma University School of Law Legal Aid
Center, Gonder University Legal Aid Center and Jigjiga University Legal Aid Center.
12 Assessment of Legal Aid in Ethiopia
Assessment of Legal Aid in Ethiopia 12
Interview guides both for legal aid providers and stakeholders have been
prepared covering questions related with the central issues of this research.10 The
data collected through interview of key legal aid providers and stakeholders has been
examined and analysed to extract information regarding the accessibility of legal aid
service, the mode of delivery, quality of the service and cooperation and coordination
with other legal aid providers and stakeholders.
A thorough review of literature, research reports, and other documents related
to access to justice in general and legal aid service in particular has been made. The
primary and secondary sources such as national and international legal/policy
instruments, activity reports of legal aid providers, annual report of EHRC and MoJ,
various guidelines used by legal aid providers and other publications pertaining to
legal aid have been analysed. Moreover, empirical and normative research outputs
and assessment reports on legal aid services in Ethiopia carried out by academics,
research institutions and practitioners, have been reviewed.
1.4 Limitations
The researchers did not conduct focus group discussion with beneficiaries of
free legal aid service which was envisaged originally owing to the difficulty in
finding previous beneficiaries within the short period of time available for delivering
the assessment report. In addition, the desired data from legal aid providers was not
made available in its entirety owing to failure of some institutions to respond to
inquiries in a timely manner.
10
See annexes 1, 2 and 3.
A Research Report on Legal Aid Service in Ethiopia 13
A Research Report on Legal Aid Service in Ethiopia 13
11
See Y. Endeshaw, Children’s Access to Legal Aid in Ethiopia, UNICEF-Ethiopia, Addis Ababa,
October 2011.
12
UNODC, Access to Legal Aid in Criminal Justice Systems in Africa: Handbook , 2011, p. 1 and 11.
13
For instance, the whole spectrum of legal aid services in Canada fall within the purview of the
government, i.e. federal and provinces.
14
ARC International, Gender-Based Violence Legal Aid: A Participatory Toolkit, GBV in Conflict-
Affected Settings, 2005, p. 8.
A Research Report on Legal Aid Service in Ethiopia 15
A Research Report on Legal Aid Service in Ethiopia 15
Legal aid provision may also be defined in terms of whether the services are
made available in civil or criminal proceedings or in both cases. Criminal legal aid is
provided to persons accused of a crime while civil legal aid is assistance provided to
persons involved in non-criminal disputes such as family matters and debt issues.
Broader definitions further extend the scope of legal aid to administrative processes
as well as alternative dispute resolution within or outside the formal legal system, i.e.
customary dispute settlement systems.
In terms of the services provided, legal aid may be understood as limited to
‘legally aided representation’ or may include the whole system of legal education,
information and services. Some definitions also cover other forms of legal assistance
as well as ‘mechanisms for alternative dispute resolution’.15 The nature of the
services provided also have direct implications on whether the reference is limited to
professional legal services or includes primary (non-professional) legal services,
named paralegal services.
Thus, the narrowest definitions of legal aid refer to the provision of legal
representation by a professional lawyer paid for by the State for persons accused of a
crime before a court of law. Broader definitions recognize the role of other actors and
stakeholders in the provision of a broader range of services relevant to judicial and
other proceedings.16 Terms such as ‘legal services’ and ‘legal aid services’ have been
15
Lilongwe Declaration, supra note 2, para. 1.; Penal Reform International, Access to Justice in Sub-
Saharan Africa: The Role of Traditional and Informal Justice Systems , 2000, p. 10; Also see:
Melina Buckley, Moving Forward on Legal Aid: Research on Needs and Innovative Approaches ,
Canadian Bar Association, 2010, p. 4.
16
Lilongwe Declaration, supra note 2, para. 1; Also see: M. Buckley, supra note 15, p. 4 and 7; for a
broad definition provided in the context of the emergence of legal empowerment from legal aid
practice also see: V. Maru, ‘Allies Unknown: Social Accountability and Legal Empowerment’,
Health and Human Rights in Practice, Volume 12, Number 1, 2010, p. 8.
16 Assessment of Legal Aid in Ethiopia
Assessment of Legal Aid in Ethiopia 16
used in place of legal aid to signify the broad range of service providers, processes
targeted, and the services provided.17
17
According to the UNDP’s Practitioners’ Guide to A Human Rights Based Approach to Access to
Justice (2005), legal aid includes legal counsel and other services (e.g. financial facilities through
reduction in court fees, translation services for deaf-mute litigants, psycho-social support to victims
of trauma) that people need to navigate the legal process. See: UNDP, Programming for Justice:
Access for All: A Practitioners Guide to A Human Rights Based Approach to Access to Justice ,
2005, UNDP Asia-Pacific Rights and Justice Initiative, Bangkok, pp. 151-153.
18
M. Cappelletti and J. Gordley, ‘Legal aid: Modern Themes and Variations’, Stanford Law Review,
vol. 24, No. 2, 1972, p. 347.
19
S. Golub, ‘Forging the Future: Engaging Law Students and Young Lawyers in Public Service,
Human Rights, and Poverty Alleviation’, An Open Society Justice Initiative Issues Paper , 2004, p.
1.
20
Legal Aid Queensland, Strategic Policy Framework and Policy Program, 2006-2008, p. 4.
A Research Report on Legal Aid Service in Ethiopia 17
A Research Report on Legal Aid Service in Ethiopia 17
21
D. Martin, A Seamless Approach to Service Delivery in Legal Aid: Fulfilling a Promise or
Maintaining a Myth? Legal Aid Research Series, Osgoode Hall Law School, York University,
2001, p. 1.
22
For a more recent treatment of social exclusion vis-à-vis legal aid, please see: Cabinet Minister for
Social Exclusion, Reaching out: An Action Plan on Social Exclusion (London: Government of
U.K., 2007), p. 49.
23
A. Currie, ‘Legal Problems of Everyday Life’, in R. Sanderfur, (ed.), Access to Justice, The
Sociology of Crime, Law and Deviance, Emerald Group Publishing, 2009, p. 46 available at:
<www.justiceinitiative.org/db/resource2?res_id=103868>.
24
A. Brewin and K. Govender, Rights-Based Legal Aid: Rebuilding BC’s Broken System , Canadian
Center for Policy Alternatives, 2010, p. 4.
18 Assessment of Legal Aid in Ethiopia
Assessment of Legal Aid in Ethiopia 18
framework is seen in the ‘justiceability’ of all human rights and access to remedies in
cases of violation. The recognition of a right would be meaningless without access to
the means of enforcing claims arising from the right.
Judicare legal aid scheme31 in the UK in 1949 was one of the key events sparking the
process.32
However, the last two decades of the 20th Century also saw a reverse trend
away from legal aid with falling or stagnant funding, declining scope, and more
restrictive eligibility criteria across national systems.33 In the Western countries, this
trend has been associated with socio-economic developments and attendant changes
in the legal profession. Yet, the emergence of a new ‘access-to-justice approach’ as a
‘third wave’ of reform affecting law and the poor was a key factor. 34 This approach
has a broader scope covering ‚the full panoply of institutions and devices, personnel
and procedures, used to process, and even prevent, disputes in modern societies‛
rather than the legal aid focus on access to legal services.35
The access to justice approach came with two important advantages. First, by
shifting focus from the delivery of legal services to addressing structural issues, it has
solved critical challenges inherent in access to law, i.e. legal aid systems. In addition
to addressing the efficiency and effectiveness concerns, the access to justice
approach also had the advantage of greater impact and sustainability of results.
Enhanced recognition of the role of actors and stakeholders across sectors, including
31
Meaning: delivery by way of private practitioners funded on a case by case basis, often through
some form of validated certificate. See R. Smith, ‘Legal Aid: Models of Organization’, Paper
Presented at a Conference of the European Forum on Access to Justice Held in Budapest on 5-7
December 2002, p. 8; available at: <www.legalaidreform.org>.
32
For similar developments in Canada, see: John D, Honsberger, ‘The Ontario Legal Aid Plan’,
McGill Law Journal, Vol. 15, No. 3, 1967, p. 436.
33
Fleming, supra note 26, p. 17.
34
Buckley, supra note 15, p. 4. The development of legal aid in the 1960s Canada was especially
driven by social justice and access to justice considerations.
35
M. Cappelletti and B. Garth (eds.), Access to Justice: A World Survey , Vol. 1, Sijthoff and
Noordhof, 1978, p.124, quoted in: Roger Smith, supra note 31, p. 3.
20 Assessment of Legal Aid in Ethiopia
Assessment of Legal Aid in Ethiopia 20
38
S. Golub, ‘What is Legal Empowerment? An Introduction’, in S. Golub (ed.), Legal Empowerment
Working Papers, International Development Law Organization, 2010, p. 2.
39
USAID, Legal Empowerment of the Poor, supra note 37, p. 11.
40
Report of the Commission on Legal Empowerment of the Poor, supra note 36, p. 5-6.
22Assessment of Legal Aid in Ethiopia Assessment of Legal Aid in Ethiopia
22
Ensure that everyone has the fundamental right to legal identity, and is
registered at birth;
Repeal or modify laws and regulations that are biased against the rights,
interests, and livelihoods of poor people;
Facilitate the creation of state and civil society organizations and coalitions,
including paralegals who work in the interest of the excluded;
Establish a legitimate state monopoly on the means of coercion, through, for
example, effective and impartial policing;
Make the formal judicial system, land administration systems, and relevant
public institutions more accessible by recognizing and integrating
customary and informal legal procedures with which the poor are already
familiar;
Encourage courts to give due consideration to the interests of the poor;
Support mechanisms for alternative dispute resolution;
Foster and institutionalize access to legal services so that the poor will know
about laws and be able to take advantage of them;
Support concrete measures for the legal empowerment of women,
minorities, refugees and internally displaced persons, and indigenous
peoples.
Access to legal services is thus narrowly focused on ‘the poor’ and relegated
to one of nine specific objectives under one of three pillars of the comprehensive
LEP approach.
The linkage between legal aid and human rights has its basis in the adoption
of the Universal Declaration of Human Rights (UDHR) by the UN General
A Research Report on Legal Aid Service in Ethiopia 23
A Research Report on Legal Aid Service in Ethiopia 23
Assembly in 1948, proclaiming the right to equality before the law and its protection,
without discrimination (Article 7). This standard setting provision was elaborated
through the International Covenant on Civil and Political Rights (ICCPR) in 1966
(Article 26). However, the relationship with human rights was not given due
attention until the middle of the first decade of the 21 st Century.41 Important factors
for the recognition include the International Legal Aid Group Conference on legal
aid and human rights in Europe in 2005, and the Legal Services Research Centre’s
International Research Conference in 2006.42
2.2 International and Regional Human Rights Framework for Legal Aid
The international and regional human rights instruments on civil and political
rights do not specifically mention legal aid as a right. As such, the human rights basis
for access to legal aid is to be drawn from the right to access to justice, fair trial and
equality before the law.
Access to justice and fair trial are rights recognized under the major
international and regional human rights instruments including: the Charter of the
United Nations, the Universal Declaration of Human Rights (UDHR), the
International Covenant on Economic, Social and Cultural Rights (CESCR), the
International Covenant on Civil and Political Rights (ICCPR), the United Nations
Convention on the Rights of the Child (UNCRC) and the African Charter on the
Rights and Welfare of the Child (ACRWC). The core instruments on the issue, the
41
Fleming, supra note 26, p. 1.
42
Papers presented by Roger Smith (legal aid and human rights in Europe) and John Johnsen (human
rights in the development of legal aid in Europe, with special attention to the work of the European
Council Commission on the Efficiency of Justice (ECCEJ)). These Papers are considered critical in
engendering such recognition.
24 Assessment of Legal Aid in Ethiopia
Assessment of Legal Aid in Ethiopia 24
UDHR and the ICCPR, state that everyone is equal before the law and has the right
to effective remedy against violations of fundamental rights.43
43
Articles 7 and 8 of the UDHR and Article 14 of the ICCPR (also see: Article 7 of ACHPR, Article
5 (a) of CERD, Article 15 of CEDAW, Article 12 & 13 of CRPD, Article 6 of the Convention on
Human Rights and Article 8 & 24 of the American Convention on Human Rights).
44
Article 8, UDHR.
45
Article 2/3, ICCPR.
A Research Report on Legal Aid Service in Ethiopia 25
A Research Report on Legal Aid Service in Ethiopia 25
not ‘appropriate means’ within the terms of Article 2/1 of the ICESCR or that, in
view of the other means used, they are unnecessary.
46
Article 14/3/d, ICCPR
47
United Nations Human Rights Committee, General Comment No. 13: Administration of Justice,
Thirty-first session, 1984.
48
African Charter on Human and Peoples’ Rights, Adopted in1981, Article 7/1/c.
26 Assessment of Legal Aid in Ethiopia
Assessment of Legal Aid in Ethiopia 26
the Kadoma Declaration on Community Service Orders in Africa and Plan of Action
(1997); the Dakar Declaration and Recommendations (1999); the Principles and
Guidelines on the Right to a Fair Trial and Legal Assistance in Africa (2001); the
Ouagadougou Declaration on Accelerating Prison and Penal Reform in Africa and
Plan of Action (2002); and, the Lilongwe Declaration and Plan of Action (2004).
49
Articles 2 and 7, UDHR.
50
Articles 2/1 and 26, ICCPR.
51
Articles 2/1 and 2/2, ACHPR.
52
United Nations Human Rights Committee, General Comment No. 18: Non-discrimination, Thirty-
seventh session, 1989.
A Research Report on Legal Aid Service in Ethiopia 27
A Research Report on Legal Aid Service in Ethiopia 27
53
R., Edwin, B. Kyra and T. Vessela, Pursuing the Public Interest: A Handbook for Legal
Professionals, Colombia Law School: New York, 2001, p. 214. Available at
<http://www.pili.org/2005r/content/view/48/53/>.
54
The Committee on Economic, Social and Cultural Rights, The Domestic Application of the
Covenant, General Comment Number 9 (Ninth Session) UN doc. E/C. 12/1998/24, para 2.
28 Assessment of Legal Aid in Ethiopia
Assessment of Legal Aid in Ethiopia 28
The right to fair trial encompasses the ‘right to a court’ as well as a broad
range of due process protections, including the presumption of innocence, speedy
trial, the right to counsel and access to an interpreter. Here, access to legal aid is
clearly stipulated as a right. Yet, there are important questions that need to be
answered in understanding the substance of the right. These relate to the nature of
proceedings covered, the scope of legal assistance required, and when it must be
made available.
The right to fair trial is often understood as a right exercisable in respect of
criminal proceedings. The determination of the criminal nature of the proceedings is
to be done with reference to the substance of the proceedings and applicable
procedures as well as the potential consequences to the person involved. Typically,
criminal proceedings relate to the investigation, prosecution and adjudication of
violations of substantive laws defining ‘offences’. However, laws dealing primarily
with other areas of regulation such as taxation also contain provisions of similar
nature. In such cases, the protections are applicable throughout the criminal justice
process from arrest to conviction as well as the execution of adverse judgment
(deprivation of liberty). The CRC more specifically refers to the right ‘to have legal
or other appropriate assistance in the preparation and presentation of his or her
defense’ implying that the right is applicable throughout the criminal justice process
including investigation, prosecution, adjudication and the follow-up of dispositions.
It should, however, be noted that most of the standards of fair trial are equally
applicable to proceedings before civil, administrative and other tribunals. The most
relevant international human rights standards, i.e. article 14 of the ICCPR, have been
interpreted by the Human Rights Committee as inclusive of any proceeding. The
Committee noted: ‚In general, the reports of States parties fail to recognize that
A Research Report on Legal Aid Service in Ethiopia 29
A Research Report on Legal Aid Service in Ethiopia 29
article 14 applies not only to procedures for the determination of criminal charges
against individuals but also to procedures to determine their rights and obligations in
a suit at law.‛55 This designation theoretically covers all proceedings decisive of
rights and obligations in relation to a genuine dispute over a right, its scope or
manner of exercise. In international human rights practice, fair trial protection have
been applied to a wide range of proceedings including termination of employment,
divorce, custody and access to children, expropriation of property and social
security.56
Though the actual nature of the ‘counsel’ is not clearly stated, it extends to the
range of legal services required in criminal proceedings including professional advice
and representation (though not always necessary). The actual services are to be
determined with reference to the ‘justice’ requirements in the human rights standards
according to the circumstances of each case. States may also set more concrete
standards to define/elaborate the requirement, e.g. severity of punishments, profile of
the accused, and complexity of the case. The nature of the assistance under the CRC
extends to ‘legal and other appropriate’ supports.57
Where ‘legal assistance’ is available in civil and administrative proceedings,
the range of available services as well as the stage of proceedings they become
available are to be determined having regard to factors affecting the exercise of
access to justice, fair trial and equal protection of the law. In other words, the same
general standards applicable to criminal proceedings such as the complexity of the
case, profile of the parties and the rights/interests affected will apply. Special
protection measures to be made available to children involved in non-criminal
55
General Comment 13, supra note 47.
56
Fleming, supra note 26, p. 9.
57
Convention on the Rights of the Child, 1989, Article 37/d.
30 Assessment of Legal Aid in Ethiopia
Assessment of Legal Aid in Ethiopia 30
proceedings may include legal assistance due to the nature of the case (e.g. custody),
the profile of the child (e.g. orphans and vulnerable children), or the relationship with
the other party (e.g. emancipation from a guardian). Again, the nature and
availability of the services is to be determined having regard to the particular facts
and circumstances of the case.
2.2.4.2 Rights-Holders
Rights-holders are individuals and groups for whom rights have been recognized, i.e.
the subjects of human rights.
Access to justice and equal protection of the law are broadly recognized for
all persons in all proceedings for the determination of rights and obligations as well
as remedies for violations. Thus, the rights holders are to be understood in broad
terms. However, those with entitlements pertaining to access to legal aid may be less-
broadly defined in terms of vulnerability (to violations or barriers to access
remedies), nature and severity of violations, or other criteria.
The access to counsel stipulations within the right to fair trial are designed for
the protection of persons accused of infringement of the penal law. However, it may
be relevant to civil proceedings due to the applicability of fair trial protections, in the
sense of fair determination of rights and obligations, to civil and administrative
proceedings involving specific rights.
58
The international community, i.e. foreign states, and intergovernmental organizations also
undertake ‘legal’ duties through the provisions of international and regional human rights
instruments on international cooperation for the realization of human rights.
59
This is most notable in the Convention on Rights of Child and the African Charter on Rights and
Welfare of Child, which impose duties on a hierarchy of duty-bearers including parents, the
community, non-government organizations and the society at large.
32 Assessment of Legal Aid in Ethiopia
Assessment of Legal Aid in Ethiopia 32
protect and fulfill60 without undue discrimination on the part of the State having
become a party to the agreement. Each instrument also contains provisions
describing the nature of general and specific measures to be taken by the State
towards the implementation of the rights.
Article 2/2, International Covenant on Civil and Political Rights:
Where not already provided for by existing legislative or other
measures, each State Party to the present Covenant undertakes
to take the necessary steps, in accordance with its constitutional
processes and with the provisions of the present Covenant, to
adopt such legislative or other measures as may be necessary to
give effect to the rights recognized in the present Covenant.
Article 1, African Charter on Human and Peoples' Rights: The
Member States of the Organization of African Unity parties to
the present Charter shall recognize the rights, duties and
freedoms enshrined in this Chapter and shall undertake to adopt
legislative or other measures to give effect to them.
Article 4, Convention on the Rights of the Child: States Parties
shall undertake all appropriate legislative, administrative, and
other measures for the implementation of the rights recognized
in the present Convention.
The obligations of States under the core international and regional human
rights agreements generally relate to: constitutional recognition of the substance of
the rights; adopting appropriate legislation and policies to give effect to the rights;
60
The State should not directly violate the rights of its citizens (obligation to respect), it should
protect its citizens from violations committed by others (obligation to protect), and it should
facilitate and promote the full exercise of rights by its citizens (obligation to fulfill).
A Research Report on Legal Aid Service in Ethiopia 33
A Research Report on Legal Aid Service in Ethiopia 33
61
The ‘bar’ is the generic name assigned to formal associations of practicing lawyers, i.e., legal
professionals involved in the provision of legal representation and advisory services in the private
sector.
34 Assessment of Legal Aid in Ethiopia
Assessment of Legal Aid in Ethiopia 34
62
UNDP, Working Guidelines for Human Rights-Based Reviews of UNDP Programmes, 2003, p. 25.
A Research Report on Legal Aid Service in Ethiopia 35
A Research Report on Legal Aid Service in Ethiopia 35
63
Declaration on the Right and Responsibility of Individuals, Groups and Organs of Society to
Promote and Protect Universally Recognized Human Rights and Fundamental Freedoms, Adopted
by UN General Assembly, Res. No. A/RES/53/144, March 1999, Article 9(3(C).
64
UNODC, supra note 12, pp. 27-33.
36 Assessment of Legal Aid in Ethiopia
Assessment of Legal Aid in Ethiopia 36
arrangements vary across jurisdictions; but, prevalent ones include the public
defender, court appointed counsel, and publicly financed private representation.65
65
Smith, supra note 31, p. 3.
66
Id., p. 7.
67
Id., p. 9; Buckley, supra note 15, p. 6.
68
UNODC, supra note 12, p. 28.
69
In some jurisdictions such as Canada and the UK, we have ‘duty council’ referring to legal
professionals stationed at courts to provide on the spot legal advice. See: M. Buckley, ‘Moving
Forward on Legal Aid: Research on Needs and Innovative Approaches’, Canadian Bar Association,
June 2010, p. 8.
A Research Report on Legal Aid Service in Ethiopia 37
A Research Report on Legal Aid Service in Ethiopia 37
70
American Bar Association, Resolution 112A.
<www.abanet.org/legalservices/sclaid/downloads/06A112A.pdf>; Smith, supra note 31, p. 8;
Buckley, supra note 15, p. 60.
71
UNODC, supra note 12, pp. 28-29; also see: M. Buckley, supra note 15, p. 98.
72
UNODC, supra note 12, p. 12.
73
Buckley, supra note 15, p.111.
38 Assessment of Legal Aid in Ethiopia
Assessment of Legal Aid in Ethiopia 38
74
South African Legal Services Charter, Draft, August 2006, Article 2.
75
Martin, supra note 21, p. 1.
A Research Report on Legal Aid Service in Ethiopia 39
A Research Report on Legal Aid Service in Ethiopia 39
76
Open Society Justice Initiative, Community-based Paralegals: A Practitioner’s Guide, 2010, p. 25.
40 Assessment of Legal Aid in Ethiopia
Assessment of Legal Aid in Ethiopia 40
77
Penal Reform in Africa, Index of Good Practices in Providing Legal Aid Services in the Criminal
Justice System, Version 2, February 2006, pp. 7-8.
78
D. McQuoid-Mason, ‘The Supply Side: The Role of Private Lawyers and Salaried Lawyers in the
Provision of Legal Aid ” Some Lessons from South Africa’, Paper Presented to the Lilongwe
Conference on Legal Aid, November 2004.
79
UNODC, supra note 12, pp. 13-14; also see: Economic and Social Council Resolution 2007/24.
A Research Report on Legal Aid Service in Ethiopia 41
A Research Report on Legal Aid Service in Ethiopia 41
technical support and financial assistance. The approach preserves some of the
advantages of legal aid clinics and capitalizes upon the unique relative advantages of
NGOs in terms of flexibility, expertise, specialization and organizational learning.80
On the other hand, the organizational and intervention profiles of NGOs give
rise to a number of challenges.81 These include:
The risk of making access to justice a privilege to be accorded rather than a
right to be claimed
Lack of clarity in the international and domestic legal frameworks on the
role of NGOs in the promotion of human rights and enhancing access to
legal aid
Relevance of interventions guided by considerations other than the felt
needs of communities and the programming context
Limited scope and coverage of interventions, capacity limitations and urban
orientation of NGO interventions
Accountability issues arising in the relationships between NGOs and their
stakeholders (governments, donors, beneficiaries, staff, etc …)
Lack of uniformity in programming approaches, service delivery standards
and institutional arrangements for the provision of legal aid services
Sustainability issues due to financial dependence on external funding
80
For detailed comparative analysis, see: Walter Leitner International Human Rights Clinic (Fordham
Law School), A Handbook for the Justice and Peace Commission: Best Practices of Community
Legal Advice Programmes, Programme Assessment and Recommendations, 2008.
81
Martin, supra note 21, p. 3.
42 Assessment of Legal Aid in Ethiopia
Assessment of Legal Aid in Ethiopia 42
82 nd
B.L. Wadehra, Public Interest Litigation: A Handbook, 2 ed., 2009, Universal Law Publishing:
Delhi, p.29.
83
Held from June 29-July 8, 1997 under the auspices of Public Interest Law Initiative, Columbia
University, sponsored by the Ford Foundation and the Open Society Institute at the University of
Natal Durban, South Africa (Available at:<http://www.pili.org/publications/durban/preface.html>).
84
V. Maru, Between Law and Society: Paralegals and the Provision of Primary Justice Services in
Sierra Leone, Open Society Institute, 2006.
A Research Report on Legal Aid Service in Ethiopia 43
A Research Report on Legal Aid Service in Ethiopia 43
85
Open Society Justice Initiative, supra note 76, p. 12.
44Assessment of Legal Aid in Ethiopia Assessment of Legal Aid in Ethiopia
44
86
Ibid.
A Research Report on Legal Aid Service in Ethiopia 45
A Research Report on Legal Aid Service in Ethiopia 45
diversity, a large number of NGOs target traditional and customary dispute resolution
structures and processes as a means of enhancing speedy access to effective
remedies.87
Advantages inherent in this approach include availability, accessibility,
relevance, efficiency, effectiveness, and sustainability.88 Strengthening and re-
vitalizing traditional justice systems is by itself an important result in terms of
realizing cultural rights as well as promoting legal pluralism.
However, the approach suffers from shortcomings similar to those identified
for paralegal programs including low levels of expertise, limited legal recognition,
absence of uniform quality standards as well as risks associated with prevailing
social norms and adverse effects on the legal interests of beneficiaries.89 The need for
changes in ingrained institutional culture is a critical challenge that has to be
addressed piecemeal and over a long period since the engagement of these
institutions almost always involves changes in traditional roles. In addition, informal
justice mechanisms can potentially raise concerns relating to norms and practices
violating human rights. Conflicts with the formal justice system are also a challenge
even where traditional systems are legally recognized.
87
T. Geraghty and D. Geraghty, ‘Child Friendly Legal Aid in Africa’ in Child Friendly Legal Aid in
Africa, UNICEF and UNDP, UNDOC, 2011, Executive Summary, p. 23.
88
UNODC, supra note 12, pp. 37-38.
89
V. Maru, The Challenges of African Legal Dualism: an Experiment in Sierra Leone, Human Rights
and Justice Sector Reform in Africa, Open Society Institute, pp. 18-22.
46 Assessment of Legal Aid in Ethiopia
Assessment of Legal Aid in Ethiopia 46
- Equality before the law (Article 25): ‚All persons are equal before the law
and are entitled without any discrimination to the equal protection of the
law‛.
Moreover, one of the rights the FDRE Constitution provided for persons
accused of crimes is ‚the right to be represented by legal counsel of their choice ‛ and
‚to be provided with legal representation at state expense‛ where the inability of the
accused person to afford legal representation would result in miscarriage of justice.90
Other relevant provisions of the Constitution include:
- Right to have an interpreter (Article 20/7): ‚[Accused persons] have the
right to request for the assistance of an interpreter at state expense where the
court proceedings are conducted in a language they do not understand‛;
- Right to speedy trial (Article 20/1): ‚Accused persons have the right to a
public trial by an ordinary court of law within a reasonable time after having
been charged‛;
- Presumption of innocence (Article 20/3): ‚During proceedings accused
persons have the right to be presumed innocent until proved guilty
according to law and not to be compelled to testify against themselves‛;
and,
- Review by a higher court (Article 20/6): ‚All persons have the right of
appeal to the competent court against an order or a judgment of the court
which first heard the case‛.
Though the right to access to justice and fair trial encompass the whole
system for the administration of justice, many of the key human rights issues arise in
90
FDRE Constitution, supra note 3, Article 20(5).
48 Assessment of Legal Aid in Ethiopia
Assessment of Legal Aid in Ethiopia 48
relation to the criminal justice process. Thus, the fair trial provisions of the FDRE
Constitution have to be seen in the context of the rights recognized for arrested and
accused persons as well as the rights of persons held in custody and convicted
prisoners.91 The rights of arrested persons include speedy trial, habeas corpus, the
right to bail and protection from self-incrimination.92 Rights recognized for persons
held in custody, accused persons and convicted persons include right to public trial,
presumption of innocence, right to be represented by legal counsel including
representation at state expense, right to treatments respecting their human dignity,
and rights relating to communication.93
2.4.2 National Laws and Policies
2.4.2.1 The Criminal Justice Policy
This policy which is put in place beginning from 2011 is major policy
framework of the country in the justice sector that gives broad recognition to legal
representation for arrested and accused persons in Ethiopia. The very preamble of the
Criminal Justice Policy stipulates that the provisions of the FDRE Constitution,
binding international human rights instruments and other globally accepted criminal
justice principles and practices are taken as sources in drafting the Policy.94 One of
the rights recognized by these national and international normative frameworks is the
right of access to justice which cannot be effectively utilized without access to legal
aid service. The policy gives emphases to capacity building of all actors of the
criminal justice system including the Public Defense Office/ PDO/. Although the
91
Id., Articles 19 ” 21.
92
Id., Article 19.
93
Id., Articles 20 ” 21.
94
Criminal Justice Policy of the FDRE, issued by the Council of Ministers of the Federal Democratic
Republic of Ethiopia, 2011 (Herein after Criminal Justice Policy), Preamble.
A Research Report on Legal Aid Service in Ethiopia 49
A Research Report on Legal Aid Service in Ethiopia 49
95
Id., Preamble, Para. 4.
96
Id., Sec. 1.4.
97
Id., Sec. 4.7.
98
Id., Sec. 4.7.1.
50
Assessment of Legal Aid in Ethiopia Assessment of Legal Aid in Ethiopia
50
99
Id., Sec. 4.7.2 and Preamble.
A Research Report on Legal Aid Service in Ethiopia 51
A Research Report on Legal Aid Service in Ethiopia 51
(2004). The following are the specific provisions of the Code dealing with these
principles:
Non-retrospective Effect of Criminal Law (Articles 5 and 2/2): ‚ The Court
may not treat as a crime and punish any act or omission which is not
prohibited by law. The Court may not impose penalties or measures other
than those prescribed by law‛.
Article 2/5: ‚Nobody shall be tried or punished again for the same crime for
which he has been already convicted, punished or subjected to other
measures or acquitted by a final decision in accordance with the law‛.
Equality before the Law (Article 4): ‚Criminal law applies to all alike
without discrimination as regards persons, social conditions, race, nation,
nationality, social origin, colour, sex, language, religion, political or other
opinion, property, birth or other status‛.
2.4.2.3 The Criminal Procedure Code
Though it is already under review, the Criminal Procedure Code provides for
the rights of the accused as per the provisions of the FDRE Constitution. The Code
recognizes mandatory legal representation for persons accused of serious crimes and
directs the Court to appoint legal counsel where a ‘young person’ accused of a
criminal offence has no adult representation/support or where the offence carries a
punishment exceeding imprisonment for ten years or more or death penalty.100 Such
representation may be provided through a public defender, i.e. a person employed by
the government for the purpose of legal aid, or a court appointed attorney.
100
Criminal Procedure Code of the Empire of Ethiopia, 1961, Proclamation No. 185/1961, Negarit
Gazeta, Articles 174 and 172/4/.
52 Assessment of Legal Aid in Ethiopia
Assessment of Legal Aid in Ethiopia 52
101
Id., Article 126/2.
102
FDRE National Human Rights Action Plan, 2013 -2015, Section 2.5.4, p. 51.
103
Id., Section 2.3.4.
104
Id.. Section 2.5.5.
105
Ibid.
A Research Report on Legal Aid Service in Ethiopia 53
A Research Report on Legal Aid Service in Ethiopia 53
106
Definition of Powers and Duties of the Executive Organs of the Federal Democratic Republic of
Ethiopia Proclamation, 2010, Procl. No. 691/2010, Fed. Neg. Gaz., Year 17, no. 1, Articles 16/11,
16/12, 16/13 and 16/15.
107
See Id., Article 16/12 and Federal Courts Advocates Licensing and Registration Proclamation,
1999, Procl. No. 199/2000, Fed. Neg. Gaz., Year 6, no. 2 Article 19.
108
Proclamations No. 199/2000, supra note 70, Articles 20, 23, and 27.
54 Assessment of Legal Aid in Ethiopia
Assessment of Legal Aid in Ethiopia 54
first instance court advocacy license, federal courts advocacy license, and federal
court special advocacy license.109 Of the three types of licenses the special advocacy
license, which has the least rigorous qualification criteria, is issued to lawyers who
seek to defend the general interests and rights of the society without receiving any
payment from their clients.110 For instance, applicants for this license are exempted
from such requirements as furnishing of evidence of professional indemnity
insurance and sitting for the qualifying examination. Furthermore, advocates licensed
to practice law in the federal courts are required by law to render a minimum of fifty
hours legal service a year free of charge or upon minimal payment ( pro bono
publico). The beneficiaries of such services are: persons who cannot afford to pay;
charitable, civic, and community organizations; persons for whom a court requests
legal services; and, committees and institutions that work for improving the law, the
legal profession and the legal system.111
The Federal Supreme Court and its regional counterparts through their
respective Public Defenders Offices render free legal service to accused persons to
give effect to Article 20/5/ of the FDRE Constitution. This article provides that
accused persons have the right to be represented by legal counsel of their choice, and,
if they do not have sufficient means to pay for it and miscarriage of justice would
result, to be provided with legal representation at state expense. This is the reason
109
Id., Article 7.
110
Id., Article 10/1.
111
Federal Court Advocates’ Code of Conduct Regulations, 1999, Reg. No. 57/1999, Fed. Neg.
Gaz., Year 6, no. 1, Article 49.
A Research Report on Legal Aid Service in Ethiopia 55
A Research Report on Legal Aid Service in Ethiopia 55
why the president of the Federal Supreme Court is given the power and duty to
organize the office of the public defense.112
The MoWCYA is the core executive body that is given the mandate on
women and child rights issues. The powers and duties of the Ministry include, among
others,: creating awareness on women, children and youth rights; collect, compile
and disseminate information on the situation of women, children and the youth;
ensure political, economic and social participation of women and the youth; follow
up and evaluate the integration of women and youth issues in federal government
policies, laws and programs; coordinate the activities of child rights actors and
stakeholders; and, follow up the implementation of treaties relating to the rights of
women and children. Moreover, MoWCYA is the lead agency for implementing the
policy framework on women’s and children’s issues.113 Since women and children
are among the most vulnerable groups in need of legal aid services, these mandates
could be critical in terms of making existing services accessible to them.
Proclamation 210/2000 was enacted to provide for the establishment of the
Ethiopian Human Rights Commission/EHRC/. Article 5 of Proclamation 210/2000
provides that the mission of the Commission is ‚to educate the public be aware of
human rights, see to it that human rights are protected, respected and fully enforced
as well as to have the necessary measure taken where they are found to have been
violated.‛ EHRC is mandated, among other things, to:114
112
Federal Court Proclamation, 1996, Procl. No. 25/1996, Fed. Neg. Gaz., Year 2, no. 13, Article
16/2/j.
113
Ethiopian National Plan of Action on Children (2003-2010), the National Action Plan on Sexual
Abuse and Exploitation of Children (2006-2010), and the National Plan of Action on Gender
Equality (2005-2010).
114
Ethiopian Human Rights Commission Establishing Proclamation, 2000, Procl. No. 210/2000, Fed.
Neg. Gaz., Year 6, no. 40, Article 6.
56 Assessment of Legal Aid in Ethiopia
Assessment of Legal Aid in Ethiopia 56
- ensure that human rights provisions of the Constitution are respected by all
organs of the state, political organizations, citizens and other associations;
- ensure that legislation, regulations and directives as well as government decisions
and orders do not contravene the human right provisions of the constitution;
- Provide public education using mass media and other means with the aim of
enhancing the public’s tradition of respect for and demand for enforcement of
rights;
- receive complaints and carry out investigations in respect of human rights
violations;
- make recommendations for revision of existing laws, enactment of new laws and
formulation of policies;
- translate into local vernaculars, international human rights instruments adopted
by Ethiopia and disperse the same; and,
Individuals have a right to lodge complaints before the Commission alleging
violation of their rights.115 After having received a complaint submitted to it,
anonymously or otherwise, the Commission investigates the complaints.116 The
Commission during its investigation of complaints can order the accused to appear
before it and defend their case.117 The EHRC had a specialized Women and
Children’s Affairs Department accountable to the Women and Children’s Affairs
Commissioner. The department is responsible for mainstreaming child rights issues
in the activities of the Commission as well as conducting focused child rights
activities.
115
Id., Article 22.
116
Id., Article 22 (3) and (4).
117
Id., Article 25(1).
A Research Report on Legal Aid Service in Ethiopia 57
A Research Report on Legal Aid Service in Ethiopia 57
118
The findings discussed under this part of the research reflect the data collected from legal aid
providers and stakeholders who are listed under annex 4 and 5. The data relating to legal aid
providers which were not selected for the interview are obtained from their activity reports which
go back to September 2012.
58
Assessment of Legal Aid in Ethiopia Assessment of Legal Aid in Ethiopia
58
119
For Example EWLA, ELA, ECLA.
120
These are: Addis Ababa University, Jimma University, Jijiga University, Gonder University, Dire
Dawa University, Haramaya University, Bahir Dar University, Debre Markos University,
Wolayta Soddo University, Hawasa University, Wollega University, Ambo University, Mizen-
Tepi University, Dilla University, Mekelle University, Wallo University, Adama University and
Arbaminch University.
A Research Report on Legal Aid Service in Ethiopia 59
A Research Report on Legal Aid Service in Ethiopia 59
are directly involved in referral and monitoring of the enforcement of pro bono
obligation of licensed lawyers.
The civil society organizations listed in Section C of the Directory are
rendering legal aid services by opening offices in Addis Ababa and its peripheries
except EWLA which has six regional offices.121 EWLA is established in 1995 for the
protection of the rights of women and overall advancement and empowerment of
women. Its main objective is to see Ethiopian women enjoying their rights
guaranteed under international and national laws. Rendering free legal aid service to
women is one strategy through which EWLA seeks to achieve its objective. The
other two CSOs, ELA and ECLF, established in 2002 and 2008, respectively, have
legal aid centers in Addis Ababa. ELA has a branch office in the premises of the
Federal High Court, Lideta Branch, while ECLF, another CSO, has a legal aid center
in front of the Lideta Federal High Court and an additional office in Finifine
Surrounding Special Zone. They target the indigent members of the community.
These three organizations, EWLA, ELA and ECLF, render free legal aid service
using their members who are lawyers and paralegals. The service rendered by these
CSOs goes beyond legal advice and preparation of legal documents and includes in-
court representation of clients when it is found necessary.
Until very recently, the only legal professionals association in Ethiopia was
the Ethiopian Bar Association (EBA). This national association has since been joined
by regional associations of lawyers, including advisors, prosecutors and judges, as
well as the Alumni Association of Law Faculty of Addis Ababa University (AALF-
AAU). Some of the regional associations, namely Biruh (Dire Dawa), Tesfa
(Hawassa), and Selam (Harrar), have reportedly been engaged in the provision of
121
Its regional offices are located in Hawassa, Adama, Bahir Dar, Dire Dewa, Assosa and Gambella.
60 Assessment of Legal Aid in Ethiopia
Assessment of Legal Aid in Ethiopia 60
legal aid services in their respective towns. However, the current assessment could
only establish the ongoing services being provided by Selam Professional
Association for the People operating in the city of Harar. A relatively more extensive
legal aid service is provided by the Ethiopian Bar Association and AALF-AAU in
the premises of the Federal High Court Lideta Branch and Federal First Instance
Court Arada Branch,122 and EBA’s third legal aid center123 in Addis Ababa. These
centers, staffed by law school students and practicing lawyers, provide legal aid
services to those who cannot afford paid legal services.
Legal aid service is also provided by the Children’s Legal Protection Center
/CLPC/established under the auspices of the Child Justice Project Office of the
Federal Supreme Court (FSC/CJPO) through a government-CSO partnership.
Although, the center is a multi-donor funded initiative, the major partner providing
technical and financial assistance to the center is ACPF. It started rendering legal aid
service in 2012 and targets children and their caregivers who either represent
children or faced their own problems which affect the best interest of children. The
unique feature of the service provided by this project is that it introduced a referral
system where children with psychosocial problems are referred to institutions which
give counseling, educational support, nutritional assistance, community based
correction, reintegration with family and medical service or provide children with
shelter when necessary. Unlike other legal aid providers, CLPC involves social
workers in addition to lawyers and paralegals for mediation and counseling. The
center mobilizes pro-bono service of lawyers and paralegals from CSOs, i.e. EWLA
and ECLF and from Addis Ababa University Law School through the Memorandum
122
The EBA and AALF-AAU have established two legal aid centers in the premises of the Federal
First Instance Court Lideta and Arada branches (Addis Ababa) in collaboration with APAP.
123
AAE initiated and supported the establishment of the EBA Center in Addis Ababa.
A Research Report on Legal Aid Service in Ethiopia 61
A Research Report on Legal Aid Service in Ethiopia 61
of Understanding it concluded with the CSOs and the Addis Ababa University Center
for Human Rights for this purpose. CLPC is also highly engaged in the provision of
court representation, particularly for children in conflict with the law. It assigns pro
bono lawyers to each Federal Court bench that handles the cases of these children.
Most of the higher learning institution’s that provide legal aid service started
their operation in 2010 after securing funding from EHRC. 124 Some others are
established later in the year 2011 and 2012.125 However, legal aid centers of Mekele
University and Bahir Dar University are pioneers, established in 2004 and 2005,
respectively.
Most of the higher learning institutions render legal aid service by engaging
law students who are provided a brief orientation regarding how to provide the
service. The staffs of the universities (those teaching law) also participate in the
provision of legal aid as supervisors to the law students or representing beneficiaries
before courts in some selected cases.126 Few of the universities such as Addis Ababa
University Center for Human Rights (Adama, Ambo and Hawassa branches), and
Gondar University render legal representation service by using pro bono lawyers.
Adama University, Ambo University and Haramaya University obtained advocates
license in their own respective name to render court representation to clients. In
general, all of them target the indigent and vulnerable groups of the community with
the main objective being helping vulnerable groups such as women, children, persons
with disability, the elderly, and peoples living with HIV/AIDS gain access to free
124
Hawassa, Mekele, Jimma, Haromaya, Jigjiga, Dire-Dawa, Dilla, Mizan-Teppi, Bahir-Dar, Debre-
Markos, Wollo, Wollega, Wollaita, Adama and Ambo Universities (see EHRC, Annual
Performance Report, June 2010- July 2011, 15).
125
Arbaminch University legal aid Center established in 2012.
126
This is the experience of Jimma University and Bahir Dar University.
62 Assessment of Legal Aid in Ethiopia
Assessment of Legal Aid in Ethiopia 62
legal services. That is why most of them have branch offices in court and prison
premises or in either of the two.
3000
2500
2000
1500 Female
1000 beneficaries
Male
500 beneficaries
Total
0
These parameters will be used to measure to what extent the services provided
by the legal aid providers are accessible and achieved the objective of serving the
indigent and vulnerable members of the society.
129
Ibid.
130
To date, it has issued briefing sheets on issues concerning domestic violence, maintenance
allowance, personal and common property of spouses, access to justice, unlawful dismissal of
workers, best interest of the child, the rights of the accused etc. These briefing sheets are
considered as evidence based advocacy tools since the issues that are published on the briefing
sheets are selected from the issues brought before AAU-CHR centers for legal assistance.
Furthermore, the briefing sheets use real cases brought before the Centers to elaborate on legal
rights.
64 Assessment of Legal Aid in Ethiopia
Assessment of Legal Aid in Ethiopia 64
issues and cases are presented and the public participates by providing its views and
forwarding questions on the legal issues being discussed on a live network.131 The
program has broad coverage that enables it to transmit legal information to the large
portion of Ethiopians specially those living in the rural areas who otherwise have
little or no alternative means of getting information about their legal rights. It is
believed that the means used for legal awareness by the Center for Human Rights has
been efficient in creating legal awareness and enhancing accessibility.132
Most legal aid centers of public universities in Ethiopia do not have programs
to improve rights awareness in the community. Nevertheless, some are formulating
strategies to this effect. For instance, Bahir Dar University has a plan to launch a
radio program to this end. Besides, there are exemplary initiatives being undertaken
by some universities. For instance, Haromaya University delivers awareness creation
programs through lawyers in each of the free legal service centers who educate the
community on various legal issues for 30 minutes every day. Besides, according to
the Legal Aid Center Coordinator,
The University [through the Social Justice Center] has its own Training and
Community Awareness program that works in collaboration with the Free Legal
Service Centers. The Training and Community Awareness Program uses two
methods to reach out to the community. The first is the community awareness
131
So far it has transmitted radio programs on topics such as employment law (including the rights of
domestic workers), rights of people with disabilities, discrimination against women, family law
(including the rights of women to marital property), domestic violence, adoption and child rights,
access to justice and legal aid.
132
89 radio programs have been transmitted, 70,000 copies of 11 briefing sheets and 1050 copies of
booklets have been distributed to stakeholders both governmental agencies and NGOs- See
‘Evaluation of the Pilot Project on ‚Legal Literacy, Rights Advice and Information for Poor
People in Three Regions of Ethiopia’, Feb. 2012, p, 13 and 23.
A Research Report on Legal Aid Service in Ethiopia 65
A Research Report on Legal Aid Service in Ethiopia 65
133
This is the experience of Jimma University and Hawassa University.
134
Interview held with Eyob Awash, Mekelle University Legal Aid Center Director.
135
Interview held with Bisrat Abera, Prosecutor, North Gondar Zone Justice Office.
66 Assessment of Legal Aid in Ethiopia
Assessment of Legal Aid in Ethiopia 66
The Justice Bureau of Amhara Regional State and MoJ are also engaged in
awareness creation campaigns using media outlets and brochures. The former under
its responsible organ for training and research undertakes awareness creation
activities and trainings. The MoJ, particularly the department of women and
children’s affairs, promotes its legal aid service by using the annual International
Women’s Day/March 8/ and the Sixteen Days of Activism to End Violence against
Women and Children commemoration programs. On these events brochures will be
distributed to participants coming together from different relevant institutions. In
addition, the service is also promoted to different sub-city women, children and
youth affairs offices, so that they will refer women and children in need of legal aid
to the MoJ.
EWLA has organized different workshops on different occasions to create
legal awareness regarding women’s rights. It also has a weekly radio program on
Sheger radio (FM 102.1) for half an hour addressing different women’s rights issues.
FSC-CJPO gives trainings to stakeholders that directly and closely work on children
such as police officers, judges, support staffs of courts, pro bono lawyers, nurses,
gynecologists and social workers on children rights issues, effective communication
with children and child development, among others to increase their effectiveness on
their jobs and strengthen their collaboration with CLPC. With a view to create public
awareness on children’s rights, CLPC also occasionally sponsor the weekly
Ethiopian Television show, Chilote, which features drama on legal issues.
accessibility to the vulnerable and indigent members of the society. The first one will
analyze the distribution of legal aid service across the country while the second one
will focus on whether the offices/buildings where legal aid providers are located are
accessible for transportation, for persons with disability and vulnerable groups of the
society.
The geographical coverage of legal aid services varies from region to region.
There is concentration of CSO legal aid providers in Addis Ababa. Except EWLA
which has six branches in different parts of the country, ECLF, ELA and the CLPC
of the FSC extensively work in pilot projects located in Addis Ababa and its
peripheries.136 When the legal aid provided by MoJ in Addis AbAba is also taken
into account, it makes the concentration of service providers in Addis Ababa strong.
As regards legal aid centers of higher learning institutions, some have
extensive outreach programs which cover large geographical area. Haromaya
University is the leading one in this regard having 15 branch offices.137 Regarding
government run legal aid service, the legal aid service provided by Amhara Regional
State Bureau of Justice is the larges as it covers all Woredas of the region.
The fact that most legal aid centers operate having their office in major cities
and towns made their services urban focused. Even when they have outreach
programs to rural areas, the general trend shows that legal aid service in rural areas is
136
According to Fasika Hailu, coordinator of FSC-CLPC, FSC-CJPO has a plan to expand its service
to regional states by 2014 and integrate its program in court structures in the next five years.
137
See the Directory of Legal Aid providers for further information on geographical coverage of
legal aid centers of higher education institutions.
68 Assessment of Legal Aid in Ethiopia
Assessment of Legal Aid in Ethiopia 68
provided by paralegals and law students rather than by licensed lawyers.138 This
might be a result of the concentration of legal professionals in major cities and towns
leaving much of the rural area out of access to professional legal service.
The concentration of CSO legal aid centers in urban areas and in places close
to Addis Ababa resulted in exclusion of some places from benefiting from legal aid
scheme. According to the information gathered by the researchers, legal aid is poorly
provided in Gambella and Benshangul/Gumuz where only EWLA has a branch
office while the Afar Regional State is a totally neglected region except for the
provision of legal aid by the regional justice bureau as well as the women, children
and youth affairs bureau. To cover vast geographical area of the country and to reach
to clients in rural areas, mobile legal aid camps should be established in different
parts of the country.139 It is also important to note that the trend to open legal aid
centers in the compound of government institutions such as courts, prisons,
MoWCYA, justice bureaus, etc. should continue so that the service can reach to the
community at grassroots level by following these government institutional structures
which reach down to the smallest government administrative units.
Among CSO and public universities that provide legal aid service, none of
them, except AAU-CHR, EWLA, FSC-CJPO, and Jigjiga University, made formal
138
For instance EWLA uses Committees whose members provide paralegal training to cover large
geographical area while most of the higher education institutions use law students to provide legal
aid service.
139
Paralegals in Tanzania and Uganda use mobile legal aid camps, which serve the purpose of
reaching clients where they are and cut paralegal costs. See Danish Institute for Human Rights,
‘Access to Justice and Legal Aid in East Africa: A Comparison of the Legal Aid Schemes Used in
the Region and the Level of Cooperation and Coordination Between the Various Actors’, A report
by the Danish Institute for Human Rights, based on a cooperation with the East Africa Law
Society, 2011, p. 93.
A Research Report on Legal Aid Service in Ethiopia 69
A Research Report on Legal Aid Service in Ethiopia 69
and documented needs assessment before opening their branch offices. Most of the
other legal aid providers made informal discussions with the community and
stakeholders before opening branch offices. For instance, Jimma University and
Haromaya University conducted discussions with stakeholders and the community
members to find out whether there is a need for legal aid service though the results of
the discussion are not documented. According to the information obtained from
Amhara Regional State Bureau of Justice, it started to give free legal aid service to
civil cases after the need for such a service was identified in the business process re-
engineering (BPR) study it conducted. Therefore, it can be concluded from the
experience of most of the legal aid providers that a formal needs assessment studies
were not made before they start providing legal aid service. It is recommended that
legal aid providers conduct legal aid need assessment before opening offices so as to
identify areas where there is legal aid service gap and avoid duplication of efforts.
With regard to the specific location of service provision, most centers are
located in court and prison premises and in government offices such as BoWCYA.140
This made the centers accessible to the beneficiaries since most of the time it is these
institutions that are approached by indigent and vulnerable people to enforce their
rights. This also helped the beneficiaries to avoid the additional transport cost that the
beneficiaries of free legal aid would incur if the legal aid providers were providing
their services in a different location. However, some offices of the legal aid centers
140
These locations are selected by most legal aid providers considering the number of cases that are
brought before these organs and their proximity to the main office of the legal aid providers
themselves. For instance, FSC-CJPO took into consideration: decentralization of the service,
accessibility, need of clients; availability of office space in courts; and, willingness of officials in
the selected locations to support the objective of the project.
70 Assessment of Legal Aid in Ethiopia
Assessment of Legal Aid in Ethiopia 70
are located in buildings which are far away from beneficiaries141 resulting in small
number of beneficiaries.
The finding of this research shows that there is overlap of service provision in
some areas. For instance, both AAU-CHR and Adama University provide legal aid
service in the same prison. Even if an arrangement is made for both to work on
alternative days, their presence in a similar location is not advisable considering the
limited availability of legal aid service all over the country. The FSC-CJPO and the
Ethiopian Bar Association also have their legal aid centers in the same building at the
Federal High Court Lideta Branch. Although CJPO’s center focuses on children and
their care providers while EBA provides its services to all indigents, it is still an
apparent duplication of efforts. The researchers believe that it would have been wise
had one of them opened the legal aid service center elsewhere where the service is
not available.
In selecting the locations for legal aid service center, accessibility for the
beneficiaries must be given greater consideration. In most cases legal aid services are
provided in the ground floors of buildings making them more accessible to persons
with disability. However, some legal aid offices are located in the upstairs of
buildings without elevators which make the offices less accessible for persons with
disabilities and unfriendly for the poor from rural areas.142 In some instances, the
141
For instance, one of the centers of AAU-CHR in Adama is located in a building found at the
center of the city. However, the number of beneficiaries coming to this center is minimal
compared to other centers located in premises of prisons and court houses.
142
The office of ECLF (Lideta Center), AAU-CHR (Adama branch), EWLA, FSC-CJPO (the center
in the Federal High Court Bole branch) are found, respectively, on the third, second, six and first
floors of their respective buildings. Some of the offices in Gondar are also located on upstairs.
A Research Report on Legal Aid Service in Ethiopia 71
A Research Report on Legal Aid Service in Ethiopia 71
person providing the legal service give the service by coming to the ground floor
whenever persons with disability visit the centers seeking legal services.143
143
For instance, AAU-CHR (Adama branch legal aid office).
144
Members include representatives from governmental and non-governmental organs such MoJ,
EHRC, MoWCYA, Women’s Association, Federal HIV/AIDS Prevention and Control Office,
72 Assessment of Legal Aid in Ethiopia
Assessment of Legal Aid in Ethiopia 72
advertise the activities of the legal aid service provided by AAU-CHR in their
respective institutions.
Among the advertisement means used by AAU-CHR, advertising the services
through radio program proved to be effective since many clients coming to the legal
aid service centers referred the radio program as their source of information about the
service.145
CJPO-FSC occasionally uses an Ethiopian Television show, Chilote, to
publicize its activities. EWLA currently has a weekly radio program on Sheger Radio
(FM 102.1) which is transmitted for half an hour. This program and printed outlets
are used to inform the public about EWLA’s services. Brochures on the program are
distributed on the various workshops organized by the association. It used to
advertise its program through television previously, which does not exist currently
because of financial constraints.146 According to EWLA, electronic media is more
effective in popularizing its programs. ECLF uses radio, television, newspaper,
billboard, brochures to advertise its program while ELA uses brochures and
billboard.
ELA, the Federation of Ethiopian National Associations of Persons with Disability, EWLA and
the Ethiopian Elderly and Pensioners’ Association. Local Advisory Committees also exist at the
local level in the localities where AAU-CHR has established branch offices to provide legal aid
service (i.e., at Hawassa, Adma Addis Ababa) Members of the Local Advisory Committee are
drawn from governmental and non-governmental organs. The committees shave the responsibility
to provide strategic guidance, adopt work plans of the Project, assess progress of the Project and
receive regular reports on progress, ensure financial accountability, assist in campaigns on legal
rights issues, speak on behalf of the Project and work for the sustainability of the Project.
145
AAU-CHR, ‘Legal Advice and Information in Three Regions of Ethiopia: A Practical Guide’,
2011, p. 28.
146
Interview held with Meron Aragaw, Program Coordinator at EWLA.
A Research Report on Legal Aid Service in Ethiopia 73
A Research Report on Legal Aid Service in Ethiopia 73
147
Bahir Dar University use brochures, billboard, and occasional interview by media to promote and
inform the public about its service.
148
Hawassa University.
149
Hawassa University.
150
Haromaya University.
151
Jimma University, Addis Ababa University, and Gondar University.
152
Adama branch office of AAU-CHR legal aid center.
74 Assessment of Legal Aid in Ethiopia
Assessment of Legal Aid in Ethiopia 74
The extent of promotion of the legal aid service by legal aid providers varies
significantly. Because of high cost implication of advertising the program using
electronic media outlets, most service providers prefer using print media. This being
the case, innovative ways of low cost advertisement methods such as posting stickers
on taxis etc. should be explored. The use of public forums as well as liaising with
local leaders such as chairpersons of Idir and civil servants can be less costly and
effective to inform the public about the availability of legal aid service.
behalf of a woman, he would not benefit from the service. The same is true for FSC-
CJPO which requires the client to be either less than 18 years of age (a child) or in
case he/she is above 18 years, he/she must show that the case involves legal issues
affecting children. Therefore, in these two institutions the issue of financial capacity
of the client comes next to him or her falling within the target group of the
organizations.
Other legal aid providers require their client to be an indigent or vulnerable
person. They use various objective and subjective criteria to identify indigent and
vulnerable persons. Those who apply objective criteria require pauper evidence to be
presented from Kebele Social Courts.153 In these circumstances, sometimes it might
happen that a person who can’t present pauper evidence since he/she owns a valued
property in kind may stand in need of free legal aid service since under his/her
current situation he/she may not have access and control over his/her property to
avail it for the service expenses. This is the case most of the time with women who
desert their home because they are battered by their husband. The same is true for
persons who do not have valid Kebele ID cards who would not be considered as
Kebele residents and are not eligible to request pauper evidence from the Kebele
Social Courts.
The legal aid providers that apply subjective criteria determine the situation of
the client through an interview about his/her employment status, income status,
educational status, whether he/she owns any property, number of dependents, marital
status etc. to determine his/her financial capacity. Some others try to find out about
the financial capability of the individual from his social status which can be inferred
from the way he/she speaks, dresses, etc. In this case, it is the service provider’s
153
Haromaya University and MoJ.
76 Assessment of Legal Aid in Ethiopia
Assessment of Legal Aid in Ethiopia 76
154
See the experience of legal aid providers in Kenya and Tanzania, supra note 139, p. 84.
A Research Report on Legal Aid Service in Ethiopia 77
A Research Report on Legal Aid Service in Ethiopia 77
aid is small. It is in a very few instances that they have refused to offer their service
for the fact that the applicant does not fulfill the eligibility criteria. However, this
might bring conflict of interest with practicing lawyers and those who are not
licensed but are involved in writing pleadings and preparing other court documents
for consideration as they would be losing their potential clients. There are instances,
in few places, where lawyers/pleading writers posed resistance to legal aid providers.
The case of Bahir Dar University legal aid service office inside Bahir Dar Prison
facility is a good show case for this. Although, the problem was resolved by the
prison administration by informing that the Bahir Dar University Legal Aid Center
serves only those who cannot afford to pay for the service, prisoners with legal
expertise who are engaged in providing legal services to other inmates for
consideration were engaged in act of destroying posters of the legal aid center of
Bahir Dar University.155 This demonstrates that there is a need for formulation and
strict application of uniform eligibility criteria in order to avoid conflict of interest
with professional lawyers and to wisely use the limited resource to serve the indigent
members of the society.
Beneficiaries access legal service free of charge in all institutions which
provide legal aid services. In most cases, expenses for papers, copying etc., when the
service rendered involves preparation of legal documents, are covered by legal aid
providers. However, other indirect costs such as transportation cost, court fees,
subsistence costs, etc. are not covered by legal aid providers. In this regard, since
most of the legal aid centers are located in court premises, prison, and other
governmental institutions compounds where people gather to seek remedies, the
155
Interview held with V/Commander Negalegn Tulu, Prisoners Rehabilitation and Administration
V/Head, Bahir Dar Prison Institution.
78 Assessment of Legal Aid in Ethiopia
Assessment of Legal Aid in Ethiopia 78
156
This fund is allocated by ACPF and individuals can also make contributions to this fund.
157
EWLA for instance prepares exhibitions to raise findings by selling t-shirt, bags etc. bearing its
logo. It also prepared music concert with free service of the singers. EWLA cannot secure funding
from foreign sources since CSOs working on rights cannot receive more than 10% of their
funding from foreign sources.
A Research Report on Legal Aid Service in Ethiopia 79
A Research Report on Legal Aid Service in Ethiopia 79
staff and the actual service provision in Addis Ababa and Dire Dawa comes from
government budget.
Most of the public universities providing legal aid obtained funding from
EHRC. However, their program which depended on such funding is at the verge of
discontinuation due to the fact that such fund is not available currently. Recognizing
the need to make legal aid programs sustainable, public universities providing legal
aid need to include the cost of running the service into their budget. For instance,
Mekele University, Haromaya University, and Gondar University have incorporated
the cost of running legal aid service into their budget. They should also try to pull
funding from other sources. In this regard AAU-CHR has been able to acquire
funding from Norwegian Embassy for its legal aid and access to justice related
activities.
The good practice that should be mentioned in this regard is the practice of
Amhara Regional State Justice Bureau and the MoJ. The Bureau and the Ministry
have integrated the program within their organizational structure and programs and
have convinced their respective governments to allocate budget for the service. This
is an important step in making legal aid service to indigents sustainable.
158
Lack of legal identity refers to the total exclusion of disadvantaged groups from the opportunities
and protections of the legal system in the sense that they cannot engage in juridical acts or receive
basic services, like water, sewage, mail delivery, and garbage collection. An example relevant to
the Ethiopian context may be people living on the street who cannot access public services since
they have no residence/domicile.
159
Commission on Legal Empowerment of the Poor, Progress Report, Working Group 1: ‘Access to
Justice and Rule of Law’, First Meeting of the Commission on Legal Empowerment of the Poor,
20-21 January 2006.
A Research Report on Legal Aid Service in Ethiopia 81
A Research Report on Legal Aid Service in Ethiopia 81
and competencies necessary to perform that task‛160. The logic is that not all, if not
most, tasks involved in the provision of legal aid services require the skills and
knowledge of a legal professional but could generally be addressed by less skilled
actors with the supervision of a lawyer. In most cases, the needs of the beneficiary
could be effectively addressed with little or no involvement of a lawyer, especially
where efficient systems are in place.
The finding of the current assessment suggests that the profile of service
providers is generally the function of the nature of the institution providing the
services as well as the services provided. Typically, higher education institutions link
their services to clinical legal education and other curricular arrangements as part of
their primary roles as providers of professional legal training. As such, they generally
use their own staff and normally senior class students to provide the legal aid
services. In some cases, they only use staff (e.g. Hawassa University) or students
(e.g. Mizan-Tepi University). There are also cases where university legal aid centers
use external practicing lawyers either through independent arrangements with the
lawyers or through the official pro bono service requirements under the law.161 In one
case, i.e. Mekelle University, lawyers have been engaged for the exclusive purpose
of providing legal aid services through the center. Finally, the use of paralegals either
as trained community members or students has been observed in a number of
cases.162
160
Geraghty and Geraghty, supra note 87, p. 14.
161
Advocates practicing before federal courts are required to provide pro bono services for at least 50
hours per year and regions have also developed similar standards with varying implementation
arrangements.
162
The AAU-CHR has a unique approach of involving students from other universities as paralegals
reflecting its practice of establishing centers outside Addis Ababa. For instance, the Center has
engaged graduating class students from Hawassa and Adama universities as paralegals.
82 Assessment of Legal Aid in Ethiopia
Assessment of Legal Aid in Ethiopia 82
Charities and societies engaged in the provision of legal aid services could be
categorized into two overlapping groups based on the profile of service providers.
The first category, typically covering associations of legal professionals (i.e. ELA,
AALF-AAU and Selam Professionals’ Association for the people) only use lawyers
to provide legal aid services. Those in the second category, on the other hand,
employ the services of both lawyers and paralegals. These include the ECLF,
EWLA, and the Children’s Legal Protection Center under the FSC/CJPO.163 The
distinction, however, appears to be incidental rather than inherent to the profile of the
institutions.
Finally, the government institutions providing legal aid services use practicing
lawyers as service providers. This is done through referral arrangements following
the official pro bono service requirements or through individual referrals based on
the willingness of the advocate involved. The Ministry of Justice, the Amhara Region
Justice Bureau and the SNNPR Women, Children and Youth Affairs Bureau were
among the institutions in this category. The MoJ and the Amhara Region Justice
Bureau also provide direct services through legal officers and prosecutors assigned
for the purpose. The experience of the SNNP-WCYAB in using the pro bono
obligations of advocates practicing in the regional courts for the provision of legal
aid services to women through a collaborative effort with the SNNP Justice Bureau’s
licensing functions can be noted as a good practice in this respect.
163
Treated here as a charitable institution due to its peculiar profile of operating as a government-
CSO partnership.
A Research Report on Legal Aid Service in Ethiopia 83
A Research Report on Legal Aid Service in Ethiopia 83
the study did not cover the provision of legal aid services for criminal cases through
the PDO, reference is mainly made to the specific types of ‘civil’ cases for which
legal aid services have been made available.164 In addition to a general question on
whether or not the legal aid service providers entertained civil, criminal and
administrative cases, the respondents were asked to note the specific cases they have
entertained. The findings show that family, property and labor cases are predominant.
Maintenance allowance and succession issues are especially recurrent according to
the responses from key informants representing service providers of all categories of
legal aid providers, i.e. universities, civil society and government institutions.
The following table shows a summary of the cases handled by the AAU-CHR’s legal
aid centers in a period of nine months (April 2012 ” Jan 2013).165 As could be seen
from the table, family and labour cases stand out among the most frequently handled
cases of the centers. This conforms to the findings of the primary data collected from
key informants representing the legal aid service providers. These findings may not
be surprising considering the profile of the beneficiaries of the services, i.e. the poor,
women and other disadvantaged groups.
164
Representatives of legal aid service providers were asked about whether their services are
available in criminal cases but the specific types of cases have not been sought.
165
While this table does not represent the whole spectrum of legal aid service providers identified
and contacted while doing this assessment, it does provide a general vies applicable to most, if not
all, direct service providers. This could best be surmised from the fact that almost all key
informants identified family and labor issues as the most recurrent cases they have handled.
84Assessment of Legal Aid in Ethiopia Assessment of Legal Aid in Ethiopia
84
service is availed but also identified it as the most recurrently provided form of legal
aid service. This is to be expected for two reasons. First, most legal issues and
disputes affecting the indigent are amenable to resolution through simple
professional or at least informed advice as well as referral to other available services.
This is particularly true for the legal needs of the poor which are generally of low
profile requiring simple legal services. Secondly, oral advice or legal counseling is
the form of legal aid service that is easiest and cheapest to provide to the largest
number of beneficiaries within the justice system. As such, it is most likely to be
available to and utilized by most beneficiaries.
Information gathered from key informants show that the preparation of
written pleadings and other documents enabling beneficiaries to access formal legal
processes are the second most recurrently offered service.
Finally, the provision of court representation services is the least availed and
utilized of all legal aid services. For instance, the Mekelle University Legal Aid
Center, which apparently has extensive experience in this respect, provided
representation services in 72 cases while Hawassa University provided the service
for 20 cases during the year long financial support it received from the EHRC.166 The
limited availability of qualified legal professionals and high cost of representation
have been noted as key causes for the apparently limited provision of court
representation. Service providers have sought to address these challenges using
existing mandatory pro bono requirements and through the engagement of external
advocates on voluntary basis. The experience of the MoJ that enables clients’ access
court representation either through direct service provision by prosecutors at sub-city
166
Annual reports of the legal aid centers and interview with key informants.
86 Assessment of Legal Aid in Ethiopia
Assessment of Legal Aid in Ethiopia 86
offices of the Ministry or when this is not possible through referral to licensed
attorneys is worth mentioning here.
3.4.4 Beneficiaries
The beneficiaries of legal aid services are by definition the poor or those who
are prevented from accessing the justice system due to various constraints. While a
few identify specific vulnerable groups such as children (e.g. FSC/CJPO), women
(EWLA and the SNNP WCYAB) or both (the MoJ and the Amhara Region Justice
Bureau), almost all legal aid providers characterize their beneficiaries as the indigent,
the marginalized and under-privileged sections of society. Other specific groups of
beneficiaries identified by key informants include the elderly, PLWHA and inmates
of detention facilities. In terms of variations among institutions, the legal aid centers
of universities and some of the charities and societies characterized as ‘professional
associations’ (e.g. ELA and ECLF) appear to have the broadest variety of
beneficiaries. However, the level of disaggregation of actual beneficiaries by the
institutions does not enable to see the diversity of beneficiaries since the
documentation is generally limited to distinctions by sex.
167
Geraghty and Geraghty, supra note 87, p. 16.
A Research Report on Legal Aid Service in Ethiopia 87
A Research Report on Legal Aid Service in Ethiopia 87
professional standards for providers, existence and adoption of model rules, and
provision of relevant training for service providers.168 The findings of the current
assessment are presented in three sections: professional standards; case management
and case follow up; and, training. Though the issue of coordination and networking
has significant implications for the quality of legal aid services (especially through
standard setting and referral arrangements), coordination issues have been dealt
separately for the purpose of emphasis and in light of the objectives of the current
assessment.
168
UNICEF, ‘Child-Friendly Legal Aid in Africa: Outcome Report’, First Draft, Dakar, Senegal,
June 2010, p. 42.
88 Assessment of Legal Aid in Ethiopia
Assessment of Legal Aid in Ethiopia 88
169
Some regional justice bureaus are reportedly in the process of adopting comparable codes of
conduct for legal practitioners. More importantly, the current assessment has identified an
initiative underway in the SNNP to adopt a specific regulation for the provision of pro bono
services.
A Research Report on Legal Aid Service in Ethiopia 89
A Research Report on Legal Aid Service in Ethiopia 89
Justice System.170 These are by far the most extensive set of instruments identified
during the current assessment. A similar initiative was also reported by Jimma
University which has had internal rules, student practice rules and court
representation rules developed by an independent committee.171
170
The FSC-CJPO also has ‘Guidelines for the (establishment and) Administration of Victims Fund’
inherited from the CLPC of ACPF.
171
Reported to the EHRC in 2004 EC.
90 Assessment of Legal Aid in Ethiopia
Assessment of Legal Aid in Ethiopia 90
conform to the requirements of the service. Oftentimes, the records were incomplete
and lacked cross referencing to adequately follow up on the progress of cases. There
were also cases where follow ups were not conducted once the cases have been
assigned to an individual service provider. The FSC-CJPO has developed a case
follow up strategy which categorizes each case handled by its centers as cases that
need serious and less serious follow up. It also puts in place the method of follow up
for each category and actions to be taken after each follow up session.
3.5.3 Training
Legal aid providers, including non-lawyers, should receive ongoing need
based training in areas relevant to the provision of legal aid services. Such training
should incorporate both theoretical and practical training in substantive legal
concepts and applicable laws as well as skills in communication, counseling,
advocacy, negotiation, and mediation.172 Linkages should also be made with higher
education institutions both in terms of professional legal education and short term
training.
Service providers contacted during this assessment indicated that they provide
orientation training of varying depth for lawyers, paralegals, and students providing
legal aid in their respective institutions. Others reported participating in the training
programmes of the justice sector and other comparable institutions upon invitation.
The MoJ provide training based on the implementation manual developed to guide
the provision of direct legal aid by its staffs. However, no service provider reported
the existence of a regular on-going training programme for service providing
personnel at any level. An exceptional good practice in this regard is that of AAU-
CHR, that provides a week long training for its student-paralegals and paralegals
172
Geraghty and Geraghty, supra note 87, pp. 17-18.
A Research Report on Legal Aid Service in Ethiopia 91
A Research Report on Legal Aid Service in Ethiopia 91
drawn from the community before they commence giving service and refresher
training based on gaps observed during service provision by the paralegals. Although
the provision of such training program should be need based and aimed at filling
observable gaps, the training is very critical for non-lawyers as well as the whole
spectrum of service providers including qualified lawyers and licensed advocates.
173
Links were identified with Action Aid Ethiopia (AAE), Open Society justice Initiative, the
Ethiopia Human Rights Commission, Organization for Social Service and AIDS (OSSA) Tigray
Branch, the Government of the National Regional State of Tigray, Bureau of Justice of the
National Regional State of Tigray, the Prison Administration of the National Regional State of
Tigray, the Police Commission of the National Regional State of Tigray, the Women’s
Association of the Region, the Women’s Affairs of Bureau the National Regional State of Tigray,
Lawyers’ Association of the National Regional State of Tigray, Action Professionals Association
for the People (APAP), Prison Fellowship Ethiopia, Ethiopian Women Lawyers Association,
Mekelle University Human Rights Center, Gondar University School of Law, and Bahir-Dar
University School of Law Legal Aid Center.
92 Assessment of Legal Aid in Ethiopia
Assessment of Legal Aid in Ethiopia 92
courts in Addis Ababa to establish its centers and forged partnership with AAU-
CHR, EWLA and ECLF to mobilize paralegals and pro-bono lawyers.
However, the level and quality of coordination among legal aid service
providers as well as with key actors and stakeholders leaves much to be desired.
While there is clear evidence of coordination, the existing practice appears to be
disparate and disjointed. On the one hand, the efforts to establish referral, networking
and coordination arrangements among service providers has been put on the shelf
since the last effort in 2007. In November 2007, organizations that provide free legal
aid service to disadvantaged social groups launched a referral and coordination
network. A directory of complementary service providers and a Directory of Legal
Aid Providers in Ethiopia were also developed and publicized around the same time.
However, the arrangement has become ineffectual with the phasing out of legal aid
programmes of many of the organizations along with their re-registration as
Ethiopian resident charities and scaling down of programmes in others as a result of
Charities and Societies Proclamation.
The only serious effort in this connection appears to be the one underway with
the focal role of the FSC/CJPO and AAU-CHR. The issue of coordination between
legal service providers and justice sector and other stakeholders, on the other hand,
remains to be left to the endeavors of each organization acting independently of other
service providers. While major efforts to put in place a coordination framework at the
national level around issues such as VAWC and child justice (a major initiative
hosted by the MoJ) have noted the need to bring together legal service providers, the
results have yet to materialize.
A Research Report on Legal Aid Service in Ethiopia 93
A Research Report on Legal Aid Service in Ethiopia 93
4 Recommendations
1. The Legal and Institutional Framework
1.1. Constitutional Issues - While constitutional changes cannot be foreseen at
this stage, the following gaps could be addressed through legislative
provisions. The FDRE Constitution (Article 20/5) recognizes the right to
be represented by legal counsel at the expense of the state at the trial stage
of criminal proceedings, subject to requirements pertaining to inability to
pay for counsel and resulting miscarriage of justice. Thus, legal aid has not
been explicitly recognized in the Constitution as a right in civil and
administrative proceedings, in the early stages of the criminal justice
process (i.e. during arrest, interrogation, and pre-trial detention), and after
judgment has been rendered. Finally, the scope of ‘legal services’ is limited
to ‘representation by legal counsel’.
1.1.1. Though the Constitution does refer to the right to communicate with legal
counsel in dealing with the rights of persons held in custody and convicted
prisoners, it does not extend representation at state expense to these
categories of persons. It is also not clear if the obligation to provide legal
aid services extends to appeals.
1.1.2. The obligation of the state towards the realization of ‘representation by legal
counsel’ is stated in restrictive terms both in the Constitution and the
Criminal Justice Policy excluding the role of the state in encouraging and
facilitating the provision of services by other non-state actors. A mere
statement of the right would have been more appropriate.
1.1.3. The Criminal Procedure Code perpetuates most of the shortcomings in the
provisions of the Constitution recognizing the right to representation by
94 Assessment of Legal Aid in Ethiopia
Assessment of Legal Aid in Ethiopia 94
legal counsel. These include the availability of legal assistance at the trial
stage of criminal proceedings and, and services limited to representation.
1.2. The legal aid mandate of the MoJ faces the risk of narrow interpretation in
terms of scope limited to civil proceedings arising from criminal conviction.
The Ministry should thus take a clear position on the issue towards making its
services available to women, children and other vulnerable groups in all civil
proceedings within its mandate.
1.3. The pro bono services stipulated in the Code of Conduct Regulation have not
been supported by the creation of appropriate institutional structures and
procedures for implementation. This has made it difficult to utilize the legally
stipulated obligations of advocates to benefit the poor. Drawing up and
executing an implementation framework for mandatory pro bono services
should thus be a priority consideration. Replicating the practice to regional
states should also be given due consideration.
1.4. Despite the legal provision for ‘the special advocacy license’, the legal regime
currently applicable to the regulation of charities and societies excludes a
large number of non-state actors from engaging in legal aid service provision.
This has limited the utility of the special advocacy license in addressing the
justice needs of the poor. The issue should thus be resolved preferably with
the involvement of all key actors and stakeholders including the MoJ, the
Charities and Societies Agency and service providers.
1.5. The multiplicity of government actors with relevant mandates to engage in
access to legal aid for women, children and other vulnerable groups is likely to
pose challenges in relation to overlapping mandates, duplication of efforts,
coordination and monitoring. This is specially a concern in terms of putting in
A Research Report on Legal Aid Service in Ethiopia 95
A Research Report on Legal Aid Service in Ethiopia 95
among regional states. Addressing this issue could best be commenced with
detailed implementation guidelines preferably issued by the MoJ. This could
serve as a model for regional states which do not have their own
implementation tools to date. Similarly, the provision of pro bono services
should be linked with other service providers, notably charities and societies
as well as university legal aid clinics, towards creating access to more
qualified service providers. This end could also be served by strengthening the
practice of granting advocacy licenses to service providers.
3.2. The absence of quality standards for the provision of legal aid services is a
critical concern. To date, the only relevant, standardized and uniform
standards that have been made widely available are the Orphans and
Vulnerable Children Service Standards published by the then Ministry of
Women’s and Children’s Affairs in early 2010.174 The standards include a
section on legal protection services that outlines relevant principles, strategies,
components and standards for programs designed to reduce stigma,
discrimination and social neglect while ensuring access to basic rights and
services protecting children from violence, abuse and exploitation. However,
the guidelines are too generic to be of much use as professional standards for
the provision of legal aid services even to children cannot be extended to other
vulnerable groups. Resolving this issue could be addressed from two
perspectives. The first is coming up with an official comprehensive set of
mandatory standards for legal aid service delivery similar to the 2010 OVC
standards. The existing efforts to regularize pro bono service delivery by
174
Ministry of Women’s Affairs (MOWA) and the Federal HIV/AIDS Prevention and Control Office
(FHAPCO), Standard Service Delivery Guidelines for OVC Care and Support Programs, Addis
Ababa, February 2010.
98 Assessment of Legal Aid in Ethiopia
Assessment of Legal Aid in Ethiopia 98
licensed advocates in the SNNP Region could serve as a starting point for this
purpose. Secondly, one could contemplate a bottom-up approach wherein the
service providers come together to develop and adopt uniform standards for
legal aid service delivery to be endorsed by the government. The experiences
of the FSC-CJPO, the AAU-CHR and Jimma University could be important in
this respect. The provision of legal aid services does not appear to have been
linked with professional legal training or on the job training for service
providers. Despite significant reviews and improvements, the legal education
curricula at public universities are still geared towards general legal practice
rather than specific knowledge and skills required in the provision of legal aid
services. While some specialized training programs do exist, their primary
targets are judicial and law enforcement personnel. The programs
administered within the Justice Organs Professionals Training Centers provide
a good example in terms of specialized service delivery. Alternatively, legal
aid service providers should consider coming up with training programmes
that can be applied in a more uniform manner across the sector. This could at
best be achieved through a network of service providers rather than on an
individual basis.
AAResearch
ResearchReport
ReportononLegal
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AidService
ServiceininEthiopia
Ethiopia 99 99
References
Books
A Handbook for the Justice and Peace Commission: Best Practices of
Community Legal Advice Programmes, Programme Assessment and
Recommendations, Walter Leitner International Human Rights Clinic
(Fordham Law School), 2008.
Access for All: A Practitioners Guide to a Human Rights Based Approach
to Access to Justice, UNDP Asia-Pacific Rights and Justice Initiative, 2005.
Access to Justice and Legal Aid in East Africa: A Comparison of the Legal
Aid Schemes Used in the Region and the Level of Cooperation and
Coordination Between the Various Actors, the Danish Institute for Human
Rights in cooperation with the East Africa Law Society, 2011.
Access to Legal Aid in Criminal Justice Systems in Africa: Handbook,
UNODC, 2011.
B.L. Wadehra, Public Interest Litigation: A Handbook, Universal Law
Publishing, Delhi, 2009.
Brewin, A. and Govender, K., Rights-Based Legal Aid: Rebuilding BC’s
Broken System, Canadian Center for Policy Alternatives, 2010.
Buckley, M., Moving Forward on Legal Aid: Research on Needs and
Innovative Approaches, Canadian Bar Association, 2010.
Community-based Paralegals: A Practitioner’s Guide, Open Society Justice
Initiative, 2010.
Edwin R., Kyra B. and Vessela T., Pursuing the Public Interest: A
Handbook for Legal Professionals, Colombia Law School: New York,
2001.
Endeshaw, Y., Children’s Access to Legal Aid in Ethiopia, UNICEF-
Ethiopia, Addis Ababa, 2011.
100
Assessment of Legal Aid in Ethiopia Assessment of Legal Aid in Ethiopia
100
Geraghty T. and Geraghty, D., ‘Child Friendly Legal Aid in Africa’ in Child
Friendly Legal Aid in Africa, UNICEF and UNDP, UNDOC, June 2011,
Executive Summary.
Golub, S., ‘Forging the Future: Engaging Law Students and Young Lawyers
in Public Service, Human Rights, and Poverty Alleviation’, An Open
Society Justice Initiative Issues Paper, 2004.
John D, Honsberger, ‘The Ontario Legal Aid Plan’, McGill Law Journal,
Vol. 15, No. 3, 1967.
Martin, D., ‘A Seamless Approach to Service Delivery in Legal Aid:
Fulfilling a Promise or Maintaining a Myth?’, Legal Aid Research Series,
Osgoode Hall Law School, York University, 2001.
Maru, V., ‘Allies Unknown: Social Accountability and Legal
Empowerment’, Health and Human Rights in Practice, Volume 12, Number
1, 2010.
Maru, V., Between Law and Society: Paralegals and the Provision of
Primary Justice Services in Sierra Leone, Open Society Institute, 2006.
Maru, V., the Challenges of African Legal Dualism: an Experiment in
Sierra Leone, Human Rights and Justice Sector Reform in Africa, Open
Society Institute, 2005.
McQuoid - Mason, D., ‘The Supply Side: The role of private lawyers and
salaried lawyers in the provision of legal aid ” some lessons from South
Africa’, Paper Presented to the Lilongwe Conference on Legal Aid, 2004.
Progress Report, Working Group 1: ‘Access to Justice and Rule of Law’,
First Meeting of the Commission on Legal Empowerment of the Poor,
Commission on Legal Empowerment of the Poor, 20-21 January 2006.
Saeed, S., Legal Aid Bill: Analytical Study, Khartoum, 2010.
102
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102
Annexes
Annex 1: Checklist for the Database on Existing Legal Aid Service Providers
Profile of the Legal Aid Service Provider/Center
1. The name of the institution
2. Year of establishment: _______________
3. Location
3.1. Head Office
- Address ___________City_______Woreda_______Kebele __________
3.2. Branch Offices/Centers (if any)
4. Institutional Profile
4.1. Vision-
4.2. Mission
4.3. Goal/s
4.4. Objectives
5. Intervention Profile
5.1. Beneficiaries
5.1.1. Specific social groups targeted by the institution
5.1.2. Profile of beneficiaries by disaggregation (sex, age, disability, etc …) (Please, give
us any document that shows such data)
5.2. Service Providers
5.2.1. Lawyers
5.2.2. Social workers
5.2.3. Paralegals
5.2.4. Others (please specify): _________________________________________
5.3. Types of cases/issues/complaints entertained (Please, give us any document that shows
such data)
5.3.1. Civil cases
5.3.2. Criminal cases
5.4. Services provided
5.4.1. Legal counseling (oral advice)
5.4.2. Preparation of pleadings
5.4.3. Legal representation
5.4.4. Other (please specify):- ________________
5.5. No. of staffs
106 Assessment of Legal Aid in Ethiopia
Assessment of Legal Aid in Ethiopia 106
5.5.1. Administrative:- __________________
5.5.2. professional
5.5.2.1. Lawyers:- ________
5.5.2.2. Paralegals:- ______
5.5.2.3. Law students:- __________
5.5.2.4. Non-lawyers:- ______
5.5.2.5. Others:- _________
A Research Report on Legal Aid Service in Ethiopia 107
A Research Report on Legal Aid Service in Ethiopia 107
Annex 2: Guiding Questions to Examine the Services Provided by Existing Service Providers
1. Profile of the Key Informant
1.1. Name of the Institution Represented:- ______________________________________
1.2. Official Capacity/Title of the Informant in the Institution:- ________________
1.3. Address of the informant:
- Tel. (office) ___________________
- Mobile ________________
- Email ____________
2. Level of Access
2.1. Legal Awareness:
2.1.1. Are there any programmes and activities in place to improve rights awareness in
served communities?
2.1.2. Are there any programmes and activities to popularize the services availed by the
legal aid service provider?
2.1.3. Was a legal need assessment conducted in the design of the programme?
2.1.4. Are there ongoing efforts to proactively identify legal needs in served
communities?
2.2. Geographic Access:
2.2.1. Does the provider have branch offices? How many?
2.2.2. If there are branch offices, how were the locations selected?
2.2.3. Was a baseline or needs assessment conducted prior to opening the branch
offices/centers?
2.2.4. Are all the centers currently in operation?
2.2.5. Is there a situation where you closed any of those branches? If so, why?
2.2.6. How does the legal aid service provider work to improve geographic access to its
services? (e.g. are there any outreach programmes?) How do you reach out to rural
areas?
2.2.7. Are the buildings where legal aid is provided accessible to all?
2.2.8. Do you have sign language expert?
2.2.9. Do you have translators in case the client speaks a different language?
2.3. Program Access:
2.3.1. Is adequate funding and other resources available for the provision of legal aid
services?
2.3.2. Have alternative funding sources and schemes been sought? Are the services
provided in a comprehensive manner?
108 Assessment of Legal Aid in Ethiopia
Assessment of Legal Aid in Ethiopia 108
2.4. Financial Access:
2.4.1. Are there any direct costs for the provision of legal aid services (e.g. costs of
application)?
2.4.2. What about indirect costs (e.g. transportation) and opportunity costs (e.g. time spent
at the center)?
2.4.3. What has been done to minimize these costs?
2.4.4. Does the center provide any financial support to cover direct, indirect and
opportunity costs of accessing the services?
3. Delivery and Use of Services
3.1. Service Providers:
3.1.1. Who is providing the legal aid service?
3.1.2. What are the qualifications of the individuals providing the legal aid service?
3.1.2.1. Lawyers
3.1.2.2. Social workers
3.1.2.3. Paralegals
3.1.2.4. Others (please specify):
3.1.3. How is the center managed? Who is involved in the management of the center?
3.2. Types of cases/issues/complaints entertained: What types of case are most recurrently
brought before the Center?
3.2.1. Civil cases
3.2.2. Criminal cases
3.2.3. Administrative proceedings
3.3. Services provided: What are the services provided most recurrently to beneficiaries?
3.3.1. Legal awareness
3.3.2. Legal counseling (oral advice)
3.3.3. Preparation of pleadings
3.3.4. Legal representation
3.3.5. Other (please specify)
3.4. Beneficiaries
3.4.1. What are the eligibility criteria for an individual to benefit from the service? Do you
use subjective or objective criteria? If it is subjective, what are they?
3.4.2. How do you identify a person who can afford to pay for the service from the other
who can’t?
3.4.3. Who are the beneficiaries of the legal aid provision?
3.4.3.1. Specific social groups targeted by the institution
A Research Report on Legal Aid Service in Ethiopia 109
A Research Report on Legal Aid Service in Ethiopia 109
Rapporteur:
Kalkidan Aberra
Editor
Kokebe Wolde
Addis Ababa
May 09 & 10, 2013
Assessment of Legal Aid in Ethiopia 118
1. Overview
The National Workshop on of Legal Aid Providers in Ethiopia was organized
by Center for Human Rights, Addis Ababa University. The main purpose of the
Workshop was to create a forum for the different actors that are engaged in legal aid
provisions to discuss the state of legal aid in Ethiopia, share their experiences, share
the experience of other countries and map the way forward to improve the state of
legal aid in Ethiopia. Thus, the workshop brought together over 50 participants and
representatives of legal aid providers in Ethiopia, namely, public universities,
government organs, non-governmental organizations and donor agencies. A series of
presentations on legal aid were presented and discussed upon by participants.
The main themes of the presentations and discussions focused on the legal
and policy framework governing legal aid service delivery in Ethiopia, the type of
legal aid services provided, the level of cooperation and coordination among legal
aid service providers, and the challenges in the provision of legal aid service. In
addition an overview of models of legal aid delivery, international principles and the
experience of three African countries were presented by Professor Thomas Geraghty,
Dirtector of Bluhm Legal Clinic at Northwestern University. This led to plenary
discussion on the objectives of networking, models of networking, opportunities and
challenges and process and procedure to be followed in setting a networking forum.
This report highlights the key points raised during presentations and presents
a narrative summary of the discussion made by participants and the eventual
networking proposal that emerged from the Workshop.
2. Opening Speech
The Workshop was formally opened with opening speech made by W/t
Elshaday Kifle, Head of the Center for Human Rights, Addis Ababa University. In
her opening speech W/zt Elshaday welcomed the participants to the workshop. She
120 Assessment of Legal Aid in Ethiopia
Workshop Report: National Workshop of Legal Aid Providers in Ethiopia 119
also outlined that the aim of the Center, established in 2008, was to promote human
rights in Ethiopia through teaching, research and community service. In line with this
aim the Center offers a Masters program in human rights which approaches human
rights from a multidisciplinary perspective. It also has a joint PhD Program in
‘Peace, Federalism and Human Rights’ which is run jointly with Institute of Peace
and Security Studies and Center for Federal Studies. She also highlighted the Center
so far has produced and/or published: the first edition of Ethiopian Human Rights
Journal, the Handbook on the Rights of the Child and Background Documents on
Children’s Acts in Ethiopia. In addition there is a plan to publish a peer-reviewed
book on Good Governance and Human Rights. In relation to community service, the
Center has been running the Legal Literacy, Rights Advice and Information Project
since 2010, which is now substituted by the Access to Justice Project.
W/rt Elshaday also reflected that equality before the law and access to justice
are fundamental rights recognized in numerous international and domestic legal
instruments. However, the high cost of legal services, ignorance of the law and
illiteracy results in the absence of effective realization of the rights. In the absence of
rights advice and information giving, these rights will continue to be meaningless for
the poor and vulnerable section of our society. Therefore, it is imperative that there
be a vibrant system for free legal aid provision that involves the concerted effort of
all the stakeholders, where those who cannot afford the paid services of the lawyer
can resort to avail their legal right of access to justice. She stated that to make
significant changes and to make the legal aid system robust and more relevant to the
justice system collaborative work by the actors and stakeholders in legal aid
provision is crucial. To this end, the Center for Human Rights has organized the
workshop to strengthen cooperation, coordination and networking among legal aid
providers. In her concluding remarks, she stressed the importance of mapping ways
Workshop Report: National Workshop of Legal Aid Providers in Ethiopia 121
Assessment of Legal Aid in Ethiopia 120
of cooperation and networking among legal aid providers; and to lay the ground
work for establishing a strong network.
Discussion
During the ensuing discussion, the participants noted the Workshop should
focus not only in networking NGOs, as previous initiative have done, but also on
establishing a network with government organizations such as the Ministry of
Workshop Report: National Workshop of Legal Aid Providers in Ethiopia 125
Assessment of Legal Aid in Ethiopia 124
Justice, public defense office, etc. with the view to come up with guidelines and
mechanisms to make legal aid service provision effective. In relation to legal aid
clinics run by law schools concerns were raised regarding linking and balancing of
clinical legal education and legal aid service and sources of funding which has an
impact on the sustainability of these programs. Sustainability of programs is also a
concern for resident NGOs since the new civil societies law provides that resident
NGOs have to get their funding mainly from within Ethiopia. On the question of
independence of government funded legal aid centers, the presenter stressed
overcoming the independence problem would require strengthening of professional
ethics of lawyers whereby loyalty to the client will out weight loyalty to the funder.
In addition, sometimes the national context would require balancing duty to the client
versus duty to the community.
Participants also discussed the need for a broad, nationwide consensus on the
definition and scope of legal aid service. They further noted community level
participation in designing and providing legal aid should be encouraged. Elaborating
on this point of discussion, W/ro Zenaye Tadesse, Executive Director of EWLA,
identified four main challenges facing the legal aid service in Ethiopia: difference of
opinion on the nature or definition of legal aid by service providers; the absence of
law regulating provision of legal aid services; and lack of coordination and
networking among service providers. She thus recommended that a certain
government organ should be responsible for coordinating service providers, setting
up standards and ensuring accessibility of the services. Reflecting on the points
raised by her, the presenter cautioned that too much regulation could impose
restrictions on individuals and/or groups that can have creative approaches to the
provision of legal aid services.
126 Assessment of Legal Aid in Ethiopia
Workshop Report: National Workshop of Legal Aid Providers in Ethiopia 125
can be generally divided into: urban, rural (outreach/satellite) and prison based.
Third, their target groups are indigent and vulnerable groups mainly women,
children, persons with disabilities, the elderly and persons living with HIV/AIDS.
Finally the main actors in these centers are teachers, students, practicing lawyers and
paralegals.
Coming to the main theme of the presentation Ato Seife emphasized the need
for synchronizing legal aid centers with clinical legal education by presenting the
benefits of such synchronization. He noted the following as some of the benefits that
ensue from linking legal aid centers with clinical legal education: Serves both
community service and curricular objectives via practical legal education; provides a
great opportunity for students to learn professional ethics, professional responsibility
and practical skills such as interviewing, counseling, drafting pleadings; ensures
sustainability in the provision of legal aid services; makes universities and law
schools more socially relevant; legal aid centers cases may be used to inform
academic discussions and policy research and legal aid centers can benefit from law
faculties’ expertise and students’ volunteer work.
He then presented the Strengths, weakness, opportunities, threats (SWOT)
analysis of the legal aid centers currently run by Ethiopian law schools. He identified
the fact that most law schools are running legal aid centers and outreach programmes
and provide their services both on civil and criminal cases as strengthens of these
centers. Whereas the fact that these centers were established without undertaking
needs assessment, they are also heavily dependent on external funding, are located at
isolated outposts (laws schools), poor quality control mechanisms, supervision and
follow- up and case recording as weaknesses of these centers.
128 Assessment of Legal Aid in Ethiopia
Workshop Report: National Workshop of Legal Aid Providers in Ethiopia 127
Discussion
After the presentations, participants shared the best practices of their
institutions in providing legal aid services. Gondar University, for instance, have
eight legal aid centers operating in Gondar city and nearby Woredas and clients that
need representation are represented by the law school teachers, who have an
obligation to provide community service that amount to two credit hours. Mekelle
University, on the other hand, has prepared a guideline on how to screen clients and
cases to be handled by the legal aid center. Concerning representation, attorney hired
by the University usually represent the client in court after a panel decides for the
case should go to court. In addition, the Tigray Regional State allows students to
represent clients in court. In the case of Haramaya and Jimma universities, the
license to practice is given to the universities that enable these institutions to
represent clients in court in their respective jurisdictions. However, the license given
to these universities by the regional justice bureaus is sometimes challenged by
judges as lacking clear legal backing. Jimma University’s comprehensive internal
rule dealing with issues such as screening of clients and case recording was also
mentioned as one of the best practices.
Participants have also noted the difficulty that is encountered in running law
schools’ legal aid centers as the funding from EHRC is interrupted and university
officials do not own and integrate them into their planning. A representative from the
Federal Supreme Court Children justice Project has remarked that since children and
women’s cases are complicated and students have no experience and expertise,
students should do the advice service under close supervision.
Participants also noted that the new charities and societies (CSO) law has an
indirect effect on the working of law schools’ legal aid centers because CSOs
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Assessment of Legal Aid in Ethiopia 128
working on human rights issues were one important source of funding for law school
legal aid programs. On the other hand, participants stressed the need to collaborate
and network among universities and other service providers that would enable them
to share best practices, overcome service gap regarding representation as well as
advocate for their common cause such as the need for a legal framework regulating
legal aid and student practice law. Finally, some participants stated including
representatives of government stakeholders in such workshops is important to raise
their awareness and change attitude on such issues as student practice rule.
The presenters further noted that accessibility of legal aid service is very
crucial in terms of determining category of beneficiaries, quality of service, the
outcome, and output of the service. The researchers measured accessibility of legal
aid service in Ethiopia in terms of legal awareness, geographical, program, and
financial accessibility. On the basis of these ‘indicators’ the researchers concluded
that:
• Although most legal aid centers use different mechanisms such as
publication and distribution of briefing sheets and radio programs, these
initiatives are not well planned, are seasonal and hence not sustainable to
help create awareness about the legal rights as well as the provision of legal
aid services;
• In relation to the geographical coverage of legal aid services, most legal aid
centers operate in major cities and towns. In addition most centers are
located in court houses, prison premises, and governmental offices such as
Bureau of Women, Children and Youth Affairs (BWCYA). The location of
the legal aid centers in such places has both positive and negative aspects;
on the positive side the centers are accessible to the beneficiaries since most
of the time it is these institutions that are approached by indigent and
vulnerable people who seek legal aid services. It also avoids additional
transportation cost they might incur to access these legal aid providers.
On the other hand, some offices of the legal aid centers are found far away
from beneficiaries and there is an overlap of service provision in a single place in
certain cases. Finally the fact that most legal aid centers are found in buildings
which are less accessible to persons with disabilities was noted.
• With regard to financial accessibility it was noted that eligible clients,
although the criteria for eligibility vary greatly, benefit from legal aid
132 Assessment of Legal Aid in Ethiopia
Workshop Report: National Workshop of Legal Aid Providers in Ethiopia 131
service for free and expenses for documents copying etc. are covered by
legal aid providers. However, other indirect costs such as transportation
cost, subsistence cost etc. are not covered by legal aid providers except in
the case of Federal Supreme Court Children Justice Project (FSC - CJP)
which has victims fund.
In concluding their presentation they noted, inter alia, that the narrow
conception of legal aid services within the constitution and Criminal Procedure Code
should be addressed through a substantive legislation adopting a broader definition of
legal aid; efforts to create legal awareness should be strengthened and legal
awareness should be considered as a component of legal aid service and development
and implementation of uniform service provision standards for legal aid services
providers should be considered.
Discussion
The participants began the discussion by raising questions to be answered by
the presenters and giving comments on the research report. The questions and
comments focused on: the importance of needs assessment before opening legal aid
centers, the research questions and data collection methods, the non-inclusion of
some of the experience of NGOs and universities in the research report. In relation to
the importance of needs assessment, most participants felt that, given the socio-
economic status of the country and scarcity of lawyers in rural areas, failure of most
legal aid centers to conduct a needs assessment upon establishment should not be
raised as a shortcoming of these programs. They stressed that this concern should
probably be raised only in the case of Addis Ababa as most NGOs and lawyers are
found in this city. They noted that the issue that needs to be raised by the report
should have been impact assessment. With regard to the research question and data
Workshop Report: National Workshop of Legal Aid Providers in Ethiopia 133
Assessment of Legal Aid in Ethiopia 132
collection method, some participants raised their concern that the research question
as well as the nature of the research report is not clear.
Further, a representative of Alumni Association of Faculty of Law of Addis
Ababa University pointed that the report failed to include his organization in the list
of service providers. He explained that established in 1992 E.C. the alumni
association has been giving community services in two streams: three months legal
literacy program to community members and legal aid service. He noted that the
legal literacy program is no longer functional due to lack of funding whereas in the
provision of legal aid service the alumni association teams up senior law students
with lawyers to give legal advice and write pleadings other court documents to
clients. The final comment was the non-inclusion of the experience of Ethiopian
Human Rights Council (EHRC) in the report. According to a representative, the
EHRC attempted to establish a network of legal aid providers with the aim of
avoiding duplication of activities, develop referral system, guidelines, case selection
manual and case recording or management system. To this end it has signed a
memorandum of understanding with seven organizations. Hence, the participant
stressed, the report should have looked up prior experience and attempt to network
legal aid service providers and learn the reason why it has not succeeded.
Reflecting on the questions and comments, the presenters responded that the
assessment is not yet finalized and comments forwarded by the participants will be
included in the report. With regard to needs assessment, although the need for the
legal aid service is obvious, any designing of project to provide legal aid service need
to identify which segments of the society needs the service and how to make it
accessible to them. Moreover, the assessment has identified some legal aid centers
that provide the same services at the same location or that entertain very few number
134 Assessment of Legal Aid in Ethiopia
Workshop Report: National Workshop of Legal Aid Providers in Ethiopia 133
of cases. Thus, the report has identified the lack of needs assessment by legal aid
centers upon establishment as one shortcoming.
The presenters also elaborated that the research is a survey focusing on who is
providing legal aid services and describing the types of services provided. They said
that the main research questions are: are there policy and legal frameworks governing
the service, are the services being provided adequate, available and standardized and
is there coordination and networking among service providers. In dealing with the
research questions, the assessment has concluded that there is a need for a legal
framework dealing with legal aid and the preliminary findings show the most
successful legal aid system are those that have clear legal framework. In the
Ethiopian context, this issue warrants further investigations to clarify the role of
government in the provision of legal aid service. This is so because due to the new
charities and societies law, legal aid service is shifting from civil societies to public
institutions /universities/ and clients seeking legal aid service first approach
government institutions. Consequently, the role of government institutions in
providing legal aid service and setting legal framework should be analyzed. Further,
in relation to setting up legal framework in areas such as institutional licensing for
student practice, the regional dimension needs further scrutiny.
The presenters also stressed that they have taken into consideration prior
networking attempts which have not succeeded due to technical incapacity and the
new charities and societies law which has banned pioneer service providers from
providing the service. Finally, the participants discussed the appropriateness of using
the term ‘legal aid’ as access to justice is a legal rights and a responsibility of the
lawyer, not a charity. However, it was noted that almost all lawyers use this
terminology although human rights instruments have opted for the term ‘legal
assistance’ instead.
Assessment
Workshop of Legal
Report: Aid inWorkshop
National Ethiopia of Legal Aid Providers in Ethiopia 134
135
by encouraging and supporting female law students and those women who are
interested in becoming lawyers.
As she explained it, the organizational structure of EWLA includes:
The General Assembly: is the supreme policy formulating and decision making
organ of EWLA, which is composed of regular members. Currently, the number of
EWLA’s regular and associate members is estimated to be around 500;
The Board of Directors: consists of 7 persons elected by the General Assembly,
provides a leadership oversight in the process of implementing the management and
programmatic tasks of the organization including periodic evaluation of performance
and,
The Secretariat: The Secretariat consists of the Head office, six branch offices in
the regional states and 53 voluntary committees working at grass roots level.
She further highlighted that the organization has three core programs: legal
aid & representation, public education & capacity building, and research &
advocacy. By focusing on legal aid and representation, she identified the services
provided by the organization as: mediation services, free legal aid and assistance to
women (counseling, provision of legal advice, preparation of court briefs (affidavits,
suits, appeals, etc)), regarding civil cases and follow ups of criminal cases, court
representation depending on the gravity of the case, and periodic case analysis
activities are also undertaken, as these provide an insight on test cases which provide
material on laws that need to be reformed in order to afford better protection to
women. She also noted that the primary beneficiaries of EWLA’s legal aid service
are women and girls.
She shared the experience of EWLA in establishing some form of networking
with other organizations working on the area. In this respect, she raised the cases
Workshop Report: National Workshop of Legal Aid Providers in Ethiopia 137
Assessment of Legal Aid in Ethiopia 136
where the organization partnered with local government to expand the service (A.A:
sub-cities, Regions: women’s affairs offices and police stations); participated in the
establishment of a network to cooperate for the provision of legal aid services to the
poor (2008); is currently working with Federal Supreme Court with the aim of
cooperating for the provision of legal aid to children and referral to administrative
organs and law enforcement institutions. Finally she raised some of the challenges
the organization faced in providing legal aid: lack of comprehensive legislation, lack
of clear guideline in administering pro bono service, networking, and identification
of responsible body to monitor and raise funds and the new charities and societies’
law which puts financial constraint on the provision of legal aid by local NGOs.
In sharing the experience of Children’s Legal Protection Center on the
provision of legal aid service W/ro Fasika began by outlining the rationale of the
program. According to the population census of the country, children account for
52% of the total population and this section of society is the most vulnerable to
violence and abuse. Moreover, in spite of the improvement on the part of other
service providers such as child friendly courts, there are still gaps in the provision of
legal aid to children and lack of coordination among service providers, hence, the
need for such a specialized legal aid center. As a result the center was established
with the aim of providing free legal aid service and psycho-social support with a
broader view of ensuring the protection and fulfillment of children’s rights. It also
provides trainings to judges, public prosecutors, police, and rehabilitation centers
working with children in conflict with the law, lawyers, medical professionals, social
workers, registrars and other governmental and non- governmental organizations on
the rights of the child.
Currently the Center provides these services at three locations, namely: the
Federal Supreme Court, Federal First Instance Court Lideta branch and Federal High
138 Assessment of Legal Aid in Ethiopia
Workshop Report: National Workshop of Legal Aid Providers in Ethiopia 137
Proclamation No. 691/2003, also mainly focused on resolving cases that involve
women and children and the Ministry also represent women and children in litigating
civil cases. These functions of the Ministry emanate from Proclamation No.
691/2010, Proclamation No. 471/1998, Proclamation No.4/1995 and Proclamation
No.11/1988 which all regulate the provision of legal aid service by the Ministry.
Regarding the beneficiaries of their legal aid service, Ato Adiamseged said
that they are indigent members of the public. In order to identify who an indigent is
for this purpose the Ministry has developed a draft directive. According to this draft
directive, a person will qualify as indigent and be entitled to the free legal service of
the Ministry if,
He/she has no immovable property,
He/she has no movable property the value of which exceed 10,000 Birr
His/her monthly salary is less than the minimum monthly salary of public
employees
Other needy persons who will not be covered by these criteria will be covered by pro
bono service of licensed lawyers
In order to operationalize the mandate of the Ministry to provide legal aid
service regulations, directive and guidelines are needed. In this regard Ato
Adiamseged identified the following areas that need clear guidelines or regulation:
the management of pro bono service by licensed advocates, criteria to identify
persons that can receive legal aid service from the Ministry and identification of
cases to be assigned to pro bono service by licensed advocates. He noted that the
legal aid service of the Ministry is currently facing three main challenges: lack of
awareness among the public about the Ministry’s mandate to provide legal aid
service, absence of clear legal framework on the provision of legal aid service and
problems of networking and coordination among legal aid service providers. As a
140 Assessment of Legal Aid in Ethiopia
Workshop Report: National Workshop of Legal Aid Providers in Ethiopia 139
final note he explained that the Ministry is working towards standardizing and
structuring the legal aid service provision in the country.
Discussion
The participants raised numerous questions regarding the role of MOJ in the
provision of legal aid service. The questions can be summarized as follows:-
“ Has the Ministry synchronized its legal aid service with the functions of public
defender office?
“ In relation to the mandatory 50 hours pro bono service to be provided by lawyers,
how does the Ministry deal with cases that may exceed the allotted time? Wouldn’t
making the service mandatory affect the willingness and effectiveness of the
lawyer to deal with the case? How does the Ministry plan to work in collaboration
with lawyers on the issue?
“ Has the Ministry taken any initiative to collaborate, engage with and support other
legal aid service providers?
“ The Ministry is representative of the government interest, and as such how does it
deal with conflict of interest cases where the clients are litigating with government
organs?
In response, the presenter stated that there is no need to synchronize the
functions of public defender’s office and legal aid service of the MOJ as they are
very different as the former only deal with serious criminal cases while the latter
deals with civil cases. The pro bono obligation of licensed advocates should be seen
as a great potential because if we multiply the 50 hours with the number of lawyers,
according to the Ministry’s Business Process Re-engineering (BPR) document, this
could go as high as 50,000 hours per year. But with regard to the implementation and
the ensuing burden on the lawyer, the Ministry is drafting a document that addresses
Workshop Report: National Workshop of Legal Aid Providers in Ethiopia 141
Assessment of Legal Aid in Ethiopia 140
the concern. One option is lending financial support to cover transport, photocopy
and translation costs of the lawyer providing pro bono service.
So far the Ministry has not taken an initiative to collaborate, engage with and
support other legal aid service providers to the expected level. However, the current
five-year strategic plan of the institution includes a plan to strengthen the link with
charities and societies, universities, regional justice bureaus and others that provide
support to the administration of justice in the country. On the question of conflict of
interest, the presenter clarified that if the client is woman or child, the Ministry will
represent the woman or child instead of the government office. In other cases of
conflict of interest the Ministry dares to represent neither.
Continuing on their discussion, the participants further explored the role of
the Ministry in setting a national standard, institutional and policy framework to
ensure sustainability and accessibility of legal aid service in the country. In setting
standard one major concern is the criteria for indentifying indigent persons. For
instance, MOJ uses ownership of immovable property as an indicator while the
Mekelle University uses monthly income. The participants then agreed
standardization should be a priority. In addition, a participant mentioned that the
Ministry and Regional Justice Bureaus have a consultative forum that could be
helpful to facilitate standardization of the practice of legal aid in the country.
referral system. The informal and case based referral experience of Gondar
University to Bahir Dar University, Mekelle University to Hawassa University and
Mekelle University to EWLA was shared to shed light on the importance of
networking among service providers. The model of networking to be adopted,
however, should consider the similarities and difference among the service providers
mainly between law schools based legal clinics and those run by charities and
societies. The objectives of the legal aid clinics are also different. They are aimed at
integrating clinical legal education with legal aid.
It was noted that a new effort to create a networking forum needs to draw
lessons from prior experiences. In relation to this, the 2010 Ethiopian Human Rights
Commission (EHRC) led networking attempt, the 2009 ‘Ethiopian Law Schools
Legal Aid Networking Workshop’ organized by Mekelle University that established
a committee to draft the networking constitution and other attempts lead by NGOs
such as Action Professionals Association for the People (APAP) and EWLA were
mentioned. The participants agreed that the documents from these attempts could
serve as an input for the ongoing effort. Finally, regulation of legal aid service was
agreed upon although no consensus was reached regarding the nature and depth of
the regulation. In this regard, the National Human Rights Action Plan, which
includes legal aid, and the plan to draft a ‘National Legal Aid Strategy’ in the next
five years were mentioned as important steps. Further it was stressed that regulation
should take into consideration the diversity of service providers, local variations,
contexts and creativity.
After the plenary discussion, participants broke up for group discussion on the
subject of networking of legal aid providers. The group discussions enabled the
participants to discuss on and come up with networking ideas. The group discussions
focused on the objectives, goals and purposes of networking, the model of
Workshop Report: National Workshop of Legal Aid Providers in Ethiopia 143
Assessment of Legal Aid in Ethiopia 142
This Directory of Legal Aid Providers in Ethiopia is part of the research report on
Assessment of Legal Aid in Ethiopia. As such, the information contained in it
reflects that which was available and valid in May 2013. Note, however, that
information regarding public defender offices has not been included in this listing.
Directory of Legal Aid Providers in Ethiopia 147
Directory of Legal Aid Providers in Ethiopia 147
A. Higher Educational Institutions Providing Legal Aid Service
N.B.: The information for legal aid providers of Gondar University, Bahir Dar University, Mekele University, Adama University, Hawassa University, Haramaya University, Addis Ababa
University, Jimma University and Jigjiga University is obtained directly from the m through interviews conducted by the researchers themselves or research assistants. The information
for the remaining legal aid providers is obtained from their activity reports of 2011 and 2012.
No. Name of the legal aid Contact Information of the main Location of main and branch offices Target group Service
provider office (beneficiaries) providers
1 Gondar University Free Tel- 0588110619 Gondar main office, North Gondar Prison, Azezo Indigents, women, Lawyers and
legal Aid Center Email- hiruy.wubie@gmail.com branch, Aremacheho Woreda/Tekele Denegaye children and law students
Website- WWW.uog.edu.et/legal aid branch, Makesegnet branch, Denebeya people with
Woreda/kola deba branch, Chelega Wereda branch, HIV/AIDS
Addis Zemene branch
2 Mizane-Teppi University Email- adane.gebre33@yahoo.com Mizan Aman branch, Tapi Town branch (is not Indigent people Staffs (no
Free legal Aid Center operational b/c secretary is not hired) (all) court
representation
yet)
3 Jimma University Free Tel.- 0478110141 Jimma High Court Branch, Jimma Woreda Court Indigent persons Academic
legal Aid Center Email-kassahun.molla@yahoo.com branch, Jimma Prison branch, Main Office at and vulnerable staffs and law
Website- Jimma University, Serbo branch, Debo branch, persons such as students
http://www.ju.edu.et/legalaid/ Agaro branch (Goma Woreda branch) women, children,
people with
disability, veterans,
prison inmates
Assessment of Legal Aid in Ethiopia 148
Assessment of Legal Aid in Ethiopia 148
4 Ambo University Free Email- yedagrgeamsal@gmail.com Ambo branch (university main office Indigent members Legal center
legal Aid Center Ambo High Court of the society and have license ,
Wereda court vulnerable groups students, staffs
Guder branch such as Women,
Addis Alame branch (phased out) children, persons
with disabled and
HIV/AIDS
5 Mekelle University Free Tel- 0344408379 Mekelle Main Office, Mekell prison, Mekelle Marginalized and Law students,
legal Aid Center Wereda Court, Mekelle High Court, Axum branch, vulnerable groups instructors,
Email- eyobawash@yahoo.com Adigerate branch, Maichew branch such as women, paralegals and
children, the lawyers
elderly, people
with HIV/AIDS,
persons with
disability, arrested
and convicted
persons
6 Bahirdar University Free Tel.- 0582220526 Bahir Dar Main office, Bahirdar prison Center, Women, Children, Law students
legal Aid Center Finote Selam Center, Enjibara Center, Woreta persons with and instructors
Email- giz1973@yahoo.com Center disability and
People with
HIV/AIDS
Directory of Legal Aid Providers in Ethiopia 149
Directory of Legal Aid Providers in Ethiopia 149
7 Wellaita Sodo University Tel.- 0465514590 Wellaita Sodo High Court Indigent members Law students,
Free legal Aid Center Email- dereko39@yahoo.com Wellaita Sodo Zone Prison Adminstration of the Community paralegal and
Wellaita City Main Office and vulnerable instructors
groups such as
women, children
persons with
disability, people
with HIV/AIDS
8 Hawassa University, Tel. 0462209441 First Instance Court, Hawassa City prison Indigent and Law students
Social Justice Center Free Administration, Hawassa High Court, Yergalem vulnerable groups
legal Aid Center Email- bushoadmas@yahoo.com Town, Zeway Town, Arba Minch Town , such as women,
Shashemene Town persons with
disability
Assessment of Legal Aid in Ethiopia 150
9 Addis Ababa University, Tel. 0111222562 Addis Ababa (Sidest Kilo main office, Ferensay Indigent and Paralegals and
Center for Human Rights Legasyon and Amist Kilo), Adama (Adama legal vulnerable graduating law
Access to Justice Project Email- tsigeal@hotmail.com aid branch main office, Branch at Adama Women, members of the students (In
Children and Youth Affairs Bureau, Misrak Shewa community case of Adama
Website- Zone Prison, Depo Prison Administration Center, branch, 12
Kebelle 07 branch, Kebelle 01 branch), Hawassa lawyers gave
http://www.aau.edu.et/humanrights/in
(Hawassa main office, Sidama Zone High Court, their consent to
dex.php/project/legal-literacy-rights-
Hawela Tula Sub-city branch, Dore Bafano give pro bono
advice-informatio
branch) service)
No. Name of the legal aid Contact Info. of main office Location of main and branch offices Target group (beneficiaries) Service providers
provider
1. Ethiopian Christian Lawyers Tel.- 011 860 5377 Lideta Center (Near Federal High Indigent members of the community Lawyers and
Fellowship (ECLF) email- eclfaddis@gmail.com Court, Lideta Branch); Finifine Special including Children, women and paralegals
Website- Zone Persons with disability
www.advocatesethiopia.org
2. Ethiopian Women Lawyers Tel.- 0115508759 Main office in Addis Ababa Women Lawyers and Para
Association (EWLA) Email- ewla1995@gmail.com Hawassa Branch & outreach legals
Website- www.ewla-eth.org - Hosa’ena
- Welkite
- Alana
- Jinka
- Aleta Wenedo
- Yirga Alem
- Arba Minche
- Welaita
- Butajira
Benshangul Branch & outreach
- Menge
- Bambassie
- Kamashe
- Mao-Komo
Directory of Legal Aid Providers in Ethiopia 153
Assessment of Legal Aid in Ethiopia 154
- SherekoleliyuWereda
- Kamash
Adama Branch & outreachs
- Assela/Arsi
- Boset/Wellenchiti
- Sebeta
- Goma/Jimma
- Shalla
- Yabello
- Agaro
- Metahara
- Meki
- Lale
- Debere Zeit
- Gini Michu
- Western Wollega
- Shashemene
Gambella Branch & outreach
- Goni Wereda
- Abo Wereda
- Godere Woreda
- Lire
Dire Dewa Branch & outreach
- Belewa
- Beyewalye
Assessment of Legal Aid in Ethiopia 154
Directory of Legal Aid Providers in Ethiopia 155
- Keressa
Bahir Dar Branch & outreach
- North Shewa- D/Birhane
- South Wello- Desse
- Waghamra- Sekota
- North Wollo- Weldia
- South Gondar- D/Tabor
- Oromia Special Zone- Kemise
- East Gojjam- Debre Markose
- Fenote Selam
- Harbu Wereda- Mersa
3. Ethiopian Lawyers Tel.- 011 5530122 Federal High Court, Lideta Branch Indigent persons Lawyers
Association (ELA) Email-eba@ethionet.et
Website- www.ethiopian-bar.org
4. Selam Professionals’ Main office in Harer city Indigent persons lawyers
Association for the people
5. Alumni Association of Law Tel. 251- 11-1-579361 Main office in Addis Ababa, Yeka Indigent persons Lawyers and
Faculty of Addis Ababa Sub-City with centers at the Federal paralegals
University High Court/Federal First Instance (students)
178
Court Lideta and Arada branches
6. Ethiopian Bar Association N/A N/A N/A N/A
178
The Association also has collaborative legal aid projects with the Ethiopian Lawyers Association.
Directory of Legal Aid Providers in Ethiopia 155
Assessment of Legal Aid in Ethiopia 156
C. Government institutions providing Legal Aid Service
S/no. Name of the legal aid provider Contact Location of main and branch Target group Service
Information of offices (beneficiaries) providers
main office
1. Ministry of Justice, Tel.- 0115531721 It operate in Addis Ababa Indigent members of the lawyers
Advocacy licensing and society
Administration Directorate
Women and children’s Protection
directorate,
Civil Cases Directorate
2. Children’s Legal Protection Center/CLPC/ Tel.- 0115565603/ Federal Supreme Court- Children and Care Lawyers,
under the Federal Supreme Court Child 0118965394/95/96 Coordination Office, Federal High givers (When their legal Paralegals and
Justice Project Office Court Lideta Branch, Federal High problem affects social workers
Court Bole Branch Children)
3. Amhara Regional State, Bureau of Justice It exists at the regional, Zonal, and Indigent and Vulnerable Lawyers (licensed
Woreda level Justice Bureaus in groups such as children, advocates & staff)
the Region. person with disability,
elderly, people living
with HIV/AIDS