1. The provision of legal aid by the non-state actors in Uganda:
Successes and failures
A presentation paper during the 2nd National Legal Aid Conference
held at Imperial Royale Hotel on Thursday, June 26, 2014
THEME : Accessible and Effective Legal Aid - the Key to Unlocking Uganda’s Development Potential

2. 1. General introduction

3. Why does legal aid matter?
What is legal aid?
the provision of legal advice, assistance or representation
the responsibility of the State as rooted in various instruments
Why does legal aid matter?
establishes a legal culture that contributes to development processes
enables enforcement and defence of basic rights for the underprivileged
Which non-state actors provide legal aid?
advocates, lawyers, paralegals, legal assistants, social workers, academicians, and community-based volunteers, etc
customary leaders, faith-based organisations, professional associations, women or youth groups, work-based associations, NGOs, and the various informal mechanisms
Who benefits from legal aid by non-state actors?
12 districts (north), 9 districts (west), 12 districts (east), 10 districts (central)
children in need of protection, poor, marginalised, and vulnerable persons

4. 2. Success stories

5. Legal aid through community-based activities
resolves a number of civil disputes and the minor criminal matters
reduces escalation of disputes into more serious criminal offences
minimises the possibility of unwarranted reoccurrence of conflict
involves research, advocacy, and lobbying to improve communities
supports relatives and communities of those in contact with the law
raises awareness, sensitises, and trains communities for empowerment
captures and refers deserving cases to appropriate service providers
Legal aid service delivery in the office setting
responds to shortcomings of many traditional/customary legal options
complements the state justice systems for quicker and cheaper services
instils a culture of dialogue through restorative and reconciliatory ways
focuses on the will of the parties to come to some mutual settlement
protects and respects the privacy of the individual in the community
tailors the solutions to addressing a broad spectrum of clients’ needs
enables effective coordination of services offered by the different LASPs

6. Legal aid during police investigation processes
provides general advice /assistance to victims of crime and accused persons
enables routine visits to the police cells in order to identify legal aid cases
monitors custody time limits and ensure that suspects are quickly charged
advises the suspects under custody and prepares them for police interviews
promotes screening children at police for possible diversion programmes
assists the suspects in contacting or tracing parents, guardians and sureties
supports detained suspects in securing bail application at the police station
Legal aid in court and by informal mechanisms
representing the indigent and vulnerable persons in formal courts of law
works with court and the various parties in all sectors to reach settlement
provides necessary counselling, guidance, support during incarceration
links with individuals after incarceration for any needed rehabilitation
promotes the engagement of the informal sector to ensure jurisprudence

7. 6. Major loopholes

8. Client referral system in legal aid service delivery
Evidence-based programming for legal aid services
Diversifying revenue and sustaining the activities
Monitoring and evaluation of the results achieved
Coordination and quality assurance mechanisms
Corporate governance and self-regulatory practices
Analytics and information systems management
Strategic planning and financial standards setting
Human and institutional capacity development

9. 7. Concluding Remarks

10. The legislative, policy and regulatory frameworks
Cooperation agreements
Informal justice mechanisms
Coordination and supervision
The planning, implementation and learning processes
Joint strategic programming
Shared learning opportunities
Integrated/harmonised MIS
The working relationship and environment
Mutual respect for one another’s work
Complementarities in execution of work

11. Richard Nsumba Muganzi Legal Aid Service Providers Network
Thank you
Richard Nsumba Muganzi
Executive Director
Legal Aid Service Providers Network