Access to justice and the international law standards

5.2 The way forward

1. A renewed focus on needs

Even though impressive progress is taking place in the development of legal aid in Rwanda, there is a growing need for exploring a broader client-centred approach to legal aid. We need to move away from the lawyer-centred approach and look at other models of defining needs and determining priorities. This approach prioritises integrated and multi-disciplinary approaches to justice problems since legal aid has to be seen as part of a broader issue of access to justice. Similarly, since it is not clear that every legal service must be performed by a lawyer; a legal aid program has to provide different kinds of legal services including public legal education, legal advice and representation at many types of proceedings and in law reform initiatives.

2. Adoption of some alternative funding mechanisms

However, government funding alone will not suffice to meet the legal needs of all Rwandans. Likewise, the recently established Access to Justice Centers cannot have unlimited resources. Thus, Rwanda should consider other means of increasing access to legal services especially by requiring those middle-income earners who do not meet the criteria for legal aid but also cannot afford legal representation to contribute as a way of a client contribution.

3. Pro bono schemes

As pointed out above, pro bono legal services refer to legal services provided free of charge by members of the legal profession. In many other countries such South Africa and the United States of America, undertaking such activities in the public interest is a very important aspect of professionalism. It may be possible for Rwanda to impose a mandatory pro bono requirement on lawyers or at least, pursuing mandatory pro bono reporting by the Kigali Bar Association to the Ministry of Justice as a main strategy for increasing the pro bono contributions of the Rwandan legal profession.

4. Need for law reforms and structural changes

As noted above, the only provisions on free legal aid under the present Rwandan legislation are articles 60-63 in the Law Establishing the Bar. Yet, with the exception of children, there is no explicit right or obligation to legal representation, at state expense. Thus, Rwanda will have to enact a separate law which sets specific obligations on the state and procedures for legal aid services delivery. Also, Rwanda will have to set up a separate governmental body, such as the South African Legal Aid Board, responsible for legal services delivery to the poor. This will stand as the facilitator of poor peoples? access to justice and coordinate all initiatives in this respect. This will also set up a liaison between the recently established Access to Justice Centers and diverse advices offices especially the Bar Association, NGOs and university law clinics.

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