The Government plans to spend Rwf9.4 billion on offering legal aid services to the poor and vulnerable people as part of the efforts to ensure all Rwandans have access to quality justice, The New Times has learnt.

Legal aid is a free or subsidised service to eligible individuals or groups, mainly non-well off and vulnerable, provided as a means to strengthen their access to justice.

The amount allocated to the service is to be spent in a space of four years as stipulated in the National Legal Aid Policy approved by a recent cabinet meeting.

According to the policy paper, a copy of which The New Times has obtained, 55.5 per cent (Rwf5.2 billion) of the budget has already been availed by government.

The remaining 44.5 per cent will be raised by government and development partners to implement the policy.

"Our partners are enthusiastic about it.  Legal aid has always been provided but we lacked a clear policy that spells out what it is, how it is applied for, the criteria for accessing it and how it is managed. The policy clears that,” Justice minister Johnston Busingye said in an interview last week.

He added: "Indigence will, going forward, need to be proved. We have already launched forms one fills to show that someone is indigent. This will give us a scientific basis for our eventual determination whether one is indigent and the degree of indigence. The policy will very much enable otherwise unable citizens to access justice and also provide us with sound basis.”

There are currently seven main categories of legal aid providers in the country comprising of both state and non-state actors.

Also, there are several identified legal aid providers including two by the Ministry of Justice through Access to Justice Bureaus (MAJ) in every district, and local mediation committees (Abunzi), 30 development partners, four universities and 40 private practitioners.

The services

Under the new policy, legal aid services to be provided to the indigents include legal information, education, advice, assistance and legal representation in court.

Other services include mediation, negotiation and collective legal action.

"A Legal Aid Fund will be established under the budget of the Ministry of Justice. This fund will hold all monies allocated by the government or received from donors as well as any contributions received from beneficiaries of government funded legal aid,” reads the policy paper.

The policy also instructs the Ministry of Justice to ensure  that the legal aid funds are allocated to the actual beneficiaries and used in the most effective and efficient manner.

Reacting to the development, the Executive Director of Legal Aid Forum Rwanda, Andrews Kananga, said the new policy streamlines how the practice is implemented which is contrary to how it has been.

"Previously, there was no clear coordination of who does what and how but the new policy clears that. It also determines who should be a beneficiary and lays out a clear structure of funding. Overall, the policy is going to make the practice easier,” Kananga said.

With the new policy in place, government will have to initiate a new law on legal aid services in the country and also the amendment of some existing laws to accommodate the provisions of the policy.

The laws to be amended include, the law on mediation detailing an appeals procedure and coordination framework for all alternative dispute resolution institutions and the organic law on the organisation, jurisdiction, competence and functioning of mediation committees to allow downsizing of the Abunzi.

Law on bailiffs

Another law that will be amended is that of the professional bailiffs to include execution of judgement as mandatory pro bono services for bailiffs as their social responsibility contribution.

"The new policy is expected to help those with least resources to access justice, thereby creating equality for all Rwandans irrespective of economic status, promote greater use of alternative dispute resolution, which shall enable people to solve their own problems with better opportunities for unity and reconciliation and play an important role in facilitating preference of the use of community-based sanctions and measures, including non-custodial measures, promoting greater community involvement in the management of criminal justice and allowing equal arms and access to justice for all,” reads part of the policy paper.

The president of Rwanda Bar Association, Athanase Rutabingwa, also welcomed the new policy, saying it streamlines the way legal aid is practiced and provides for means that would facilitate practitioners.

"Rwanda Bar Association has been handling cases of indigents on pro bono basis ever since the Bar came into existence. Sometimes lawyers had to invest in their own money when they were handling cases out of Kigali,” said Rutabingwa.

"The policy provides for proper coordination of funds which would, in return, help in facilitating lawyers who are offering legal aid to the indigents.”