Access to Justice Some Observations

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Access to JusticeSome Observations

• Governance seminar 12. January 2005

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Access to Justice

• Some observations based on experiences - in
  Africa mainly (South Africa, Eritrea, Mozambique,
  Kenya, Ghana, Zambia)
• Without a legal backgroundent Report 2003
• Based on poverty priority and Partnership 2000

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Definitions and assumptions

• Ensuring that legal and judicial outcomes are
  just and equitable
• Not only the formal legal system codified in
  written law common law and traditional law
• Concerning civil law (and minor criminal law
  issues) for most people in Africa this is
  regulated by traditional law and many human
  rights abuses.

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Observations Danish support

• S.A Police reforms, legal aid.
• Eritrea Min of Justice, capacity of formal
  institutions..
• Mozambique Local courts, strategic planning..
• Kenya Anti-corruption, NGOs now GJLOS
• Ghana Some local courts, dispute resolution and
  CHRAJ
• Zambia Local courts, now more general formal
  sector

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Harmonisation and donor co-operation

• Generally Danida alone
• Move towards more programmatic approach
• SWAps (Kenya and Uganda)
• Unsystematic NGO-support to legal aid and very
  little attention to traditional systems

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Some Questions

• Why are Danida supporting legal sector programmes
  in so many countries?
• What ressource-base do we have?
• What comparative advantages?
• Why commercial courts in other programmes?
• What links to other reforms constitutional -
  public sector???

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Some Conclusions ?

• Collect our experiences evaluation
• Do not go in alone
• Support legal sector reforms through joint donor
  funding (SWAp) involve norm-setting
  organisations - UN
• Be clever only where we have real expertise
  HR, ombudsmand
• Insist on rights holders perspective not duty
  bearers primarily
• Insist on analysing and including non-formal,
  traditional systems