Abstract

MCQUOID-MASON, David. Challenges when drafting legal aid legislation to ensure access to justice in African and other developing countries with small numbers of lawyers: Overcoming obstacles to including the use of non-lawyers to assist persons in conflict with the law. Afr. hum. rights law j. [online]. 2018, vol.18, n.2, pp.486-507. ISSN 1996-2096.  http://dx.doi.org/10.17159/1996-2096/2018/v18n2a3.

The United Nations Principles and Guidelines on Access to Legal Aid in Criminal Justice Systems, the United Nations Commission on Legal Empowerment of the Poor Report, the United Nations Office of Drugs and Crime Early Access Handbook and the United Nations Model Legal Aid in Criminal Proceedings Law can all be used when drafting legal aid legislation to ensure the accessibility, effectiveness, sustainability and credibility of legal aid services. Challenges to referring to the UN Principles and Guidelines and other relevant UN documents when drafting legal aid legislation in developing countries - particularly in Africa - with small numbers of lawyers arise because of opposition by the organised legal profession and the judiciary. They object to the use of the assistance of non-lawyers such as paralegals, law students and lay persons, as well as traditional mechanisms of dispute resolution to provide legal aid. In order to provide access to justice for all and safeguard the rule of law the organised legal profession, legislative drafters and legislators need to 'think outside the box' when trying to provide access to justice in an environment where there are very few lawyers. A failure to establish an accessible, effective, sustainable and credible legal aid scheme may result in civil strife and even insurrection by disaffected communities.

Keywords : legal aid; developing countries; few lawyers; non-lawyer assistance; dispute resolution; traditional mechanisms.

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