Delivery of Justice Sector Services to the Poor

Delivery of Justice Sector Services to the Poor How Are Middle East Governments Addressing Gaps?

The World Bank Paul Prettitore Senior Public Sector Specialist

Delivery of Justice Sector Services to the Poor How Are Middle East Governments Addressing Gaps?

Contents Acknowledgements.......................................................................................................................................................... v Justice Sector Services and Poverty – Introduction..................................................................................................... 1 Services Targeted to the Poor..........................................................................................................................................3 Assessing Service Delivery Gaps....................................................................................................................................9 Service Delivery Improvement Trends.......................................................................................................................... 13 Conclusion...................................................................................................................................................................... 19

Acknowledgements

T

rent or past Bank programs related to the justice sector.

ary 2011 to June 2012 in six Middle East and North

Egypt was included due to its traditional regional signifi-

Africa (MNA) countries, including the Arab Republic of

cance in the justice sector. Where relevant, references to

Egypt, Iraq, Jordan, Lebanon, Syria, and the West Bank

services in other MNA countries are included.

his study of justice services is based on qualitative

The selection of study countries was based on cur-

and quantitative research conducted from Janu-

and Gaza..

The author of the study is Paul Prettitore, Senior

The objective of the study is to facilitate a better un-

Public Sector Specialist, World Bank (pprettitore@

derstanding of the current state of delivery of justice

worldbank.org). Research and analysis was also provid-

services targeted directly to the poor (such as legal aid

ed by Zaid Al-Ali (Iraq); Razi Diab (Iraq and Syria); Hus-

services and deferment/waiver of court fees), or those

sein Hassan (Egypt); and civil society organizations,

services that are likely to have a considerable impact on

including: Justice Center for Legal Aid (Jordan); and Jus-

the poor (such as special services related to personal

ticia (Lebanon). Individual contributions came from

status cases). The following primary topics are ad-

Rasem Kamal (West Bank and Gaza); Maya Mansour

dressed:

(Lebanon); and Valerie Nussenblatt (international practices). The initial draft of the study was peer reviewed by

•

Outline of the current services available—legal aid

Zaza Namoradze, Director, Open Society Justice Initia-

services, deferment/waiver of court fees, and spe-

tive Budapest Office; Matthew Stephens, Senior Social

cial services related to personal status cases;

Development Specialist; and David Varela, Senior Public

•

Measuring services against demand;

Sector Specialist—each of whom provided valuable

•

Discussion of the primary obstacles to service de-

comments and input.

livery; and •

Assessment of current trends in service delivery improvement.

v

Justice Sector Services and Poverty – Introduction

T

he justice sector provides numerous critical ser-

aiding enforcement of these rules in an efficient and ef-

vices to citizens, often focused around court pro-

fective manner—an approach the Bank has advocated

ceedings involving criminal, civil, and family law

as a means to address poverty.1

cases. As with services in other sectors, those in the jus-

The procedures for accessing legal aid and waiver/

tice sector are often less accessible to the poor. Poor

postponement of court fees can be complicated and

people face obstacles, including a considerable lack of

cumbersome. Awareness of these services, and the pro-

awareness of available services, and a lack of under-

cedures for accessing them, remain limited even among

standing about the often complicated procedures need-

public sector officials and professionals responsible for

ed to access them. Services existing on paper may not

their delivery. Accessing services may prove prohibitive-

exist in practice. In other cases, relatively high court and

ly expensive, especially when informal payments must

lawyer fees pose an obstacle to utilization.

be made to secure necessary documents and official

In recognition of these obstacles, governments in

stamps. Adequate and sustainable funding to maintain

the MNA region have taken some steps to address

service delivery is also problematic, particularly in rela-

gaps in service delivery. There are two core services

tion to legal aid. Court officials already facing financial

targeted directly to users among the poor in the re-

shortfalls are reluctant to waive court fees. The result is

gion—legal aid services and waiver/deferment of court

that both services remain highly underutilized through-

fees. In addition, a number of governments have intro-

out the region.

duced special services related to personal status (fam-

A number of governments have developed special

ily law) cases. These initiatives are achieving mixed

services related to personal status issues. For example,

results.

access to alimony, child support and inheritance—affect a

Governments in each country included in this

large segment of the population and have a considerable

study— Egypt, Iraq, Jordan, Lebanon, Syria and the West Bank and Gaza—have established frameworks for legal aid and have introduced mechanisms for postponing or waiving court fees. Legal aid services serve as “gateway” services, which ultimately allow beneficiaries to access other services, for example, court proceedings, and entitlements, such as alimony, child support, or social welfare benefits. Such services provide tools to ensure that the poor are aware of the rules that affect them, thereby

The World Bank’s 2000/2001 World Development Report: Attacking Poverty, associates the rule of law, of which the justice sector is a key component, with better overall economic performance and poverty reduction by creating a predictable and secure environment for economic transactions. The rule of law has been defined as an environment where the formal rules are publicly known and enforced in a predictable way through transparent mechanisms. This includes rules that apply to all persons as well as to the state.

1

1

impact on the poor. This is one of the more positive devel-

While in some cases delivery of these services has

opments within the region. Development of such services

perhaps been more effective than in relation to legal aid

is not necessarily a new idea. Iraq, for instance, introduced

and waiver/postponement of court fees, more extensive

services related to alimony payments decades ago, al-

delivery is undermined by lack of awareness and an atten-

though at present they are not being delivered.

dant lack of resources to properly fund such services.

2 | Delivery of Justice Sector Services to the Poor: How Are Middle East Governments Addressing Gaps?

Services Targeted to the Poor Legal Aid Services

legal aid services remain concentrated on the provision of a lawyer, who is then responsible for providing infor-

For many poor persons, the normal avenues of dispute

mation, counseling and representation to the individual

resolution may prove inaccessible because of: the

client. In this model, only individual clients receive bene-

costs involved; the complicated nature of procedures;

fits and/or counseling, rather than a wider group with

the inability to procure legal information and represen-

similar needs, making this type of aid less efficient.

tation; and a general lack of knowledge about rights

Some countries (Lebanon, Syria, and Iraq) provide

and the means to enforce them. Legal aid servic-

state-sponsored legal aid services in both civil and crim-

es—comprising information, counseling and represen-

inal cases, while others (Jordan, the West Bank and

tation in court—are meant to aid the poor in overcoming

Gaza, and Egypt) do so only for criminal cases. The

these obstacles. Legal aid services are not only impor-

mandate for assigning a lawyer in a particular case is of-

tant in and of themselves, but also serve as “gateway”

ten delegated to the respective bar association.

services to help access other services, for example

Even where legal aid services are provided, they

those involving healthcare or alimony and child sup-

are not always available for all levels of court proceed-

port. In each of the countries covered by this study,

ings, for example, with respect to appeals and during

governments provide some type of legal aid in law, al-

pre-trial detention. Some services are limited to seri-

though not necessarily in actual practice. To be effec-

ous cases only, for example criminal cases involving

tive, these services need to be easily accessible by the

the death penalty or lengthy imprisonment. Legal aid

poor and targeted adequately to demand-side needs

services, in particular legal representation, are more

and priorities.

limited in religious courts (Lebanon, Jordan, and the

The first consideration in analyzing legal aid servic-

West Bank and Gaza).2

es is to determine the scope of services— that is, what

The second consideration is the institutional

types of services are offered, and for what type of cases.

mechanism for delivering such services. Lacking

Broadly speaking, legal aid services include public infor-

throughout the region are public sector institutions

mation, counseling and representation by a lawyer. In

responsible for overall management of the legal aid

this context, there are few public sector activities in the

agenda. The mandate of such an agency would

region related to the provision of information or counseling. Instead, the primary focus is on the provision of legal representation for court proceedings. State-sponsored

2 There do not appear to be any effective systems for providing legal aid services in military or security courts.

3

Table i – Provision of Assistance by a Lawyer Court Provision of Legal Aid

Criminal

Civil

Bar Association Provision of Legal Aid

Religious/Family Courts

Criminal Courts

Civil Courts

Religious/ Family Courts

X

X

Egypt

X

X

Iraq

X

Jordan

X

Lebanon

X

X

X

X

X

Syria

X

X

X

X

X

West Bank

X

X

X

X X

X

X

Sources of information: Egypt – Suspended Constitution of 1971, Law No.150 Year 1950 (Criminal Procedure Code), as amended, Law No.17 of 1983 (Advocacy Law); Iraq - Constitution of Iraq, Civil Pleadings Law No. 83 of 1969, as amended, Criminal Procedure Code No. 23 of 1971, Advocacy Law No.173 of 1965; Jordan – Constitution of Jordan, Law No. 9 of 1961 (Criminal Procedure Code), Law No.11 of 1972 (Law of the Regular Lawyers Bar Association); Lebanon- Constitution of Lebanon, Law No. 328 of 2001 (Code of Criminal Procedure), Legislative Decree No. 90 of 1983 (Code of Civil Procedure), Law Regulating the Sharia Judiciary in Lebanon of 1962, Law Regulating the Legal Profession No.8 of 1970; Syria - Legislative Decree No.34 of 1938 (Legal Aid Law), Law No.30 of 2010 (Law Regulating the Legal Profession); West Bank – Law No.9 of 1961 (Criminal Procedure Code), Law of Regular Lawyers, amended 1999.

normally cover a combination of the following: (i) set-

of lawyers or by requesting the bar association to make

ting government policy, and reporting on service deliv-

an appointment.

ery to the government; (ii) developing the scope of state-sponsored services; (iii) identifying resource

Provision of Services through Bar Associations – These

needs and allocating funding; (iv) certifying service

services are provided either by direct request to the bar

providers; (v) monitoring and evaluating services; and

association, or through a request by a judge for the bar

(vi) compiling data and conducting research on servic-

association to appoint a lawyer. Bar associations select

es. Only Syria has a public sector entity that manages

lawyers from a list of practicing professionals, or in some

and implements legal aid activities—the Legal Aid

cases, maintain a list of interested lawyers. Lawyers pro-

Commission of the Ministry of Justice. However, in

viding assistance receive a small fee, usually well below

practice it is not delivering any services. Iraq once had

the fee that would be paid in a private case. In some coun-

a system of legal aid officers in all courts, but this ser-

tries (Lebanon, the West Bank and Gaza, Syria, Jordan,

vice seems to have been discontinued.

and Iraq), bar associations can require lawyers to provide

3

In addition to systems where the state is directly

pro bono legal aid assistance, usually only once per year.

implementing services, there are three other mecha-

In practice, this is rarely done. Only in Lebanon is there a

nisms for delivering legal aid services in law and in

functioning, special mechanism within the bar associa-

practice

lawyers;

tion to manage legal aid services, in this case the Legal

(ii) through bar associations; and (iii) by civil society or-

Aid Committee of the Beirut Bar Association. However, it

ganizations (CSOs).

provides only limited services to half of the country.

including:

(i)

court-appointed

Court Appointment of Lawyers – Judges can appoint a lawyer directly when a poor person makes such a request during court proceedings. As Table I demonstrates, most countries provide for court-appointed legal representation. This is usually done by a judge directly appointing a lawyer, either from an established list

In Syria, two Legal Aid Committees are established each year with a single year mandate. The Syrian Bar Association is represented on the Committee, and services are provided through a request of the Ministry of Justice to the Bar Association based on a recommendation of the Legal Aid Commission.

3

4 | Delivery of Justice Sector Services to the Poor: How Are Middle East Governments Addressing Gaps?

Table ii – Waiver and Deferment of Court Fees Egypt

Iraq

Jordan

Lebanon

Syria

West Bank & Gaza

Wavier

Yes

Yes

No

Yes

No

No

Deferment

No

Yes

Yes

No

Yes

Yes

Sources of information: Egypt - Law no. 90/1944 on Judicial and Registry Fees, as amended by Law no. 126/2009; Iraq - Law 114 of 1981 (Code of Justice Fees); Jordan – Code of Civil Procedure; Lebanon – Legislative Decree No. 90 of 1983 (Code of Civil Procedure); Syria - Law No.27 of 2010 (Law of Judicial, Fees, Guarantees and Expenses); West Bank – Civil Procedure Code.

Delivery of Services by Civil Society – The third mecha-

for persons with limited financial means, as highlighted

nism for the delivery of legal aid services is through civil

in Table II.

society organizations (CSOs), which exist in each country,

There is no comprehensive data on the extent to

with the possible exception of Syria. The services provid-

which these services are actually provided by courts.

ed often fill gaps in services provided by public sector en-

Anecdotal evidence suggests instances are rare. Also

tities. However, services provided by CSOs are often highly

problematic, deferment of costs sometimes do not ap-

fragmented and limited. For example, an individual CSO

ply to procedures involving enforcement of court deci-

may cover only a single issue, such as domestic violence.

sions, putting the poor in the difficult position of having

Services may be available only in a certain geographic

to pay court costs before they actually receive financial

area. Further, services are rarely coordinated with other

benefits ordered in the judicial decision. Only services in

CSOs. Much of this fragmentation is, in turn, driven by do-

Lebanon and Egypt cover waiver of expenses related to

nor support and priorities. Governments have been slow

enforcement procedures.

to recognize the value of collaborating with CSOs, and CSO involvement in legal aid services has usually met with hostility from bar associations.

Special Services Related to Personal Status Issues

Waiver and Deferment of Court Fees

Personal status issues in the Middle East region include marriage, divorce, alimony, child custody and support,

Court fees vary widely throughout the region, with fees

and inheritance. These issues are addressed through

that are relatively low in Egypt, Iraq and the West Bank

court systems in two primary ways. The first is a sys-

and Gaza, moderately high in Lebanon and Syria, and

tem of religious-based courts administered separately

relatively high in Jordan.4 Even relatively low fees can

from the civil court system—as in Jordan, Lebanon,

pose an obstacle for the poor, especially when informal

and the West Bank and Gaza—but still part of the

payments must be made to court staff. In Egypt, a public perception survey completed by the Social Contract Center found that 78 percent of respondents considered the high costs of court filing fees to be an obstacle to accessing services.5 In addition, 80 percent of respondents reported that bribes and “tips” to civil servants at the courts represented another form of payment/cost of entry that impeded access to justice.

To address this, governments have instituted services allowing for the waiver and/or deferment of court fees

4 Based on the indicator “Enforcement of Contracts” in the World Bank’s Doing Business Report 2012. The court costs, as a percentage of the value of the claim, are as follows: Jordan – 8 percent; Syria – 4.5 percent; Lebanon – 3 percent; Iraq – 2.3 percent; West Bank & Gaza – 2.2 percent; and Egypt – 1.3 percent.

5 Eighty-three percent of respondents also listed the length of court proceedings and the numerous procedures involved as obstacles to accessing court services. The Report of the National Survey of the Citizens’ Opinions on Corruption, the Judicial System and the Quality of Governmental Services in Egypt, The Social Contract Center, September 2009.

Services Targeted to the Poor | 5

Table iII – Access to a Lawyer – Personal Status Issues Egypt

• Not guaranteed in law, but can seek assistance through the Family Insurance Fund, though service provision is limited

Iraq

• Same process as for other civil court issues—requests can be made to the court or directly to the Bar Association

Jordan

• Not guaranteed in law, mostly provided through civil society

Lebanon

• Right to a lawyer guaranteed in law • Each of the eighteen state-recognized religions set their own procedures for personal status issues, either through religious or civil courts, or a combination of both

Syria

• Requests should be made to the Legal Aid Commission, which is not functional and only rarely provides services

West Bank & Gaza

• Not guaranteed in law, mostly provided by civil society

Sources of information: Egypt – Family Provision Act No. 11/2004; Iraq – Constitution of Iraq, Civil Pleadings Law No. 83 of 1969, as amended, Advocacy Law No.173 of 1965; Jordan – Law No.11 of 1972 (Law of the Regular Lawyers Bar Association); Lebanon- Constitution of Lebanon, Legislative Decree No. 90 of 1983 (Code of Civil Procedure), Law Regulating the Sharia Judiciary in Lebanon of 1962, Law Regulating the Legal Profession No.8 of 1970, Law on Family Rights of 1917; Syria – Legislative Decree No.34 of 1938 (Legal Aid Law), Law No. 30 of 2010 (Law Regulating the Legal Profession); West Bank – Legal Profession Law - Law of Regular Lawyers, amended 1999.

formal judiciary, with jurisdiction based on the religious

measures to address shortcomings. While not devel-

affiliation of the parties involved. In these systems, pro-

oped primarily to benefit the poor, these services may

cedures for accessing legal aid and waiver/deferment

have a considerable impact on them. The services fo-

of fees may be different than for other civil cases. The

cus on providing simplified and expedited mechanisms

second is a system whereby administration of personal

for accessing benefits such as alimony, child support

status cases is done within the regular civil courts, with

and inheritance. Other governments are considering

decisions based at least partly on religious law, as is the

similar initiatives.

case in Egypt, Syria and Iraq. Here legal aid and waiver/ deferment of court fees are the same as those provided in other civil cases.

Measuring Services Against Demand

Personal status issues are often the most common link between citizens and court systems. They also have a

There remains limited understanding of the demand-

considerable link with poverty, primarily in relation to ac-

side of services in the region. Demand-side data for the

cessing alimony, child support, and inheritance. For poor

justice sector is lacking in general, and in particular for

women, alimony and child support benefits may consti-

the poor. Justice sector institutions rarely compile and

tute a considerable portion of income and inheritance a

analyze existing data to ascertain demand in terms of

relatively considerable economic asset. Division of inheri-

priority services, the quantity of services needed, or the

tance is often fixed in law, but the general weak enforce-

quality of services delivered.

ment of judicial decisions undermines women’s access to

There have been limited attempts to better under-

benefits. Lawyers can help navigate the procedures nec-

stand demand through household or user surveys, or

essary to ensure enforcement. Alimony and child support

via direct consultations with poor communities. The

amounts are often negotiable, and a lawyer can help push

lack of automated case management systems within

for higher amounts. Social pressures also play a part. For

courts means developing data is both time- and person-

example, women often are subjected to pressure to re-

nel-intensive. Service providers do not make data and

nounce inheritance rights in favor of male relatives.

statistics widely available to the public. Access to infor-

In response to these gaps in service coverage,

mation frameworks is weak, thereby undermining initia-

some governments in the region, primarily in the West

tives by civil society and citizens to help assess demand.

Bank and Gaza and Jordan, have developed special

The result is a limited analytical basis to measure

6 | Delivery of Justice Sector Services to the Poor: How Are Middle East Governments Addressing Gaps?

service delivery against demand, or to inform how service delivery can be improved.

Table iV – Caseload Analysis Legal Aid Center Assessmenta Jordan

What limited data sources are available shed some light on demand. In Jordan, an analysis of the caseload of

Percentage of Caseload

Case Type

five legal aid centers operating in and around Amman found that the largest percentage of cases—77 percent— involved personal status issues (Table IV). The vast ma-

Personal Status (Family Law)

77%

Civil

11%

jority of cases—88 percent—involve civil law (civil and

Criminal

personal status cases), as opposed to criminal law is-

Non-court procedures (administrative) Total

sues. This is important to note, since most existing statesponsored legal aid services target criminal cases.

Women are more than twice as likely to request legal aid services as men—at 71 percent to 29 percent, respectively (Table V). In relation to personal status issues, women

8% b

4% 100%

Assessment of caseload from 2011 for the six legal aid centers of the Justice Center for Legal Aid in and around Amman, out of a total of 925 cases involving legal representation. b For example, drafting contracts, powers of attorney and filing administrative paperwork. a

requested assistance in 94 percent of the cases.

Though the analysis of the caseload of legal aid cen-

•

According to the Beirut Bar Association, roughly

ters in Amman provides only a narrow glimpse at de-

90 percent of the legal aid services they provide in-

mand, information from other areas in the region points

volve cases of serious crimes. This is likely due to

to similar patterns:

the fact that services for criminal cases are guaranteed by law, while the procedures for accessing ser-

•

Analyses of caseloads of legal aid service providers in

vices in civil cases remains highly cumbersome.

the Kurdistan Regional Government of Iraq demonstrate priority demand for civil and personal status issues, with a lesser demand for criminal issues.6 •

Consultations conducted with CSOs, poor communities and justice sector officials in other areas of Iraq show higher levels of demand for services related to divorce and inheritance proceedings, as well as for assistance with administrative procedures related to social welfare benefits.7

•

A pilot survey on the demand-side of services for Palestinian refugees in Lebanon also demonstrate strong demand for services related to civil issues, including personal status cases.8

Assessment of the caseload of legal aid centers operated by the Women’s Empowerment Organization (Quarterly Report, December 2011), covering Erbil, and Heartland Alliance for Human Needs & Human Rights (Quarterly Report, December 2011) in Duhok and Sulaimaniya.

7 A series of consultations to determine the demand-side of services were held in 2011, with consultations taking place in Baghdad (with representation from the central provinces), Basra and Erbil. The consultations were supported by the World Bank through a grant from the Japan Social Development Fund.

8 ‘Access to Justice in a Displaced Community: The Case of Burj el-Shamali Palestinian Refugee Camp in Southern Lebanon – A pilot Study’, Jaber Suleiman (2012). Demand also includes services related to criminal law and land disputes.

6

Table V – Breakdown of Legal Aid Case Type by Gendera Justice Center for Legal Aid – JORDAn Administrative

Criminal

Civil

Family

Total

Male

41%

40%

65%

6%

29%

Female

59%

60%

35%

94%

71%

Assessment of cases taken in 2009 and the first half of 2010 by five legal aid centers of the Justice Center for Legal Aid in Amman. ‘Legal Aid in Jordan – Towards the Establishment of a Framework for the Provision of Legal Aid for the Poor and the Vulnerable’, Justice Center for Legal Aid, July 2010. The breakdown for or cases filed in 2011 is 73 percent by women and 27 percent by men. a

Services Targeted to the Poor | 7

Demand involving civil cases, particularly landlord-

services related to civil (housing, employment, per-

tenant, employment, and personal status disputes, was also highlighted.

•

sonal status) and administrative cases.

•

Where separate systems of religious courts

Though not comprehensively measured, demand

(Jordan, Lebanon, Syria and the West Bank and

for information and counseling services appears

Gaza) or administrative courts (Jordan, Iraq) exist,

high throughout the region, as evidenced in consul-

state-sponsored legal aid services are less often

tations with CSOs and justice sector officials.

available in practice.

•

Public information and awareness about justice

A greater understanding of the gaps between legal ser-

sector services are needed within poor communi-

vices demand and supply could be strengthened by further

ties, but comprehensive awareness initiatives are

analytical work. The gap is illustrated by the following:

limited.

•

•

Demand for services in areas outside of urban cen-

Services are targeted heavily towards criminal

ters exists, though state-sponsored services are

cases, although there is considerable demand for

rarely delivered in such areas,

8 | Delivery of Justice Sector Services to the Poor: How Are Middle East Governments Addressing Gaps?

Assessing Service Delivery Gaps

D

elivery of services related to legal aid and waiver/

Eligibility for services is unclear – Eligibility for legal aid

deferment of court fees services to poor persons

services and waiver/deferment of courts costs is usually

remains problematic throughout the region for a

based on proof of poverty. However, often no concrete

number of reasons. Services remain highly underuti-

criteria for defining poverty are effectively in place. In

lized in general, and even when delivered, they are often

criminal cases the process is more straightforward, and

inefficient or ineffective. The primary gaps in service de-

is based on a request from the defendant. However, in

livery can be broadly summarized as follows:

civil cases, judges and local officials must assess poverty levels of the applicant without any comprehensive

Lack of policy underpinning development and implemen-

guidelines. Therefore, there is wide discretion in award-

tation of services – Beyond broad policy goals to improve

ing services.

the performance of the justice sector, there has been min-

Without clear guidelines, service providers spend

imal policy development in support of improved delivery

considerable personnel resources to determine eligibili-

of services to the poor. Since governments have tended to

ty for services that may involve only minor financial

view such services as incurring considerable, long-term

stakes. For example, in Egypt and Lebanon panels of

costs without clear links to development benefits, policy

judges, including higher court judges, must review and

development has not been a priority. Where policies do

issue decisions on applications for legal aid in civil cases.

exist as part of broader reform strategies, they may not be

This is an ineffective use of time for senior judges. In this

linked to specific activities or backed by resources to sup-

context, there have been no real efforts to link eligibility

port implementation. For example, the Judicial Upgrading

for justice sector services to other types of benefits for

Strategy of 2010–2012 in Jordan includes enhancing ac-

poor persons.

cess to justice as a component of the overall plan, yet there have been no concrete activities developed to fur-

Procedures for accessing services are complicated,

ther this agenda. In most countries, it is unclear which en-

cumbersome and expensive – Procedures for access-

tity is responsible for policy development, since ministries

ing legal aid services (Table VI) and deferment/waiver

of justice, judicial councils, and bar associations are all in-

of court fees are complicated. They usually involve nu-

volved in service delivery. Also unclear is how consulta-

merous steps, many of which involve obtaining docu-

tions on policy development and implementation should

ments from multiple entities. Documents used to

be conducted, especially in coordination with poor com-

demonstrate poverty, and thus eligibility for services,

munities and CSOs.

are rarely standardized, and can be difficult and

9

Table Vi – Problematic Procedures Related to Legal Aid in Civil Cases Measure

Service Delivery Impact

Countries Affected

High-level officials must review and decide on applications

• Inefficient use of personnel resources of courts

Iraq, Lebanon, Syria

• Numerous documents needed from different entities • Documents not standardized • Lack of guidelines for assessing poverty • Ad hoc decisions • Informal payments necessary

Iraq, Lebanon, Syria

• Inefficient use of court resources • Applicants may only require information/counseling, so no real need for court proceedings

Iraq, Lebanon, Syria

• Poor enforcement of judicial decisions the norm in MNA • If wins case, applicant may be required to reimburse court/lawyer costs without actually receiving financial award

Iraq, Syria

Obtaining necessary documentation on poverty difficult

Applications require court proceedings

Services do not cover procedures related to enforcement of court decisions

Sources of information: Iraq – Civil Pleadings Law No. 83 of 1969, as amended, Advocacy Law No.173 of 1965; Lebanon - Legislative Decree No. 90 of 1983 (Code of Civil Procedure); Syria – Legislative Decree No.34 of 1938 (Legal Aid Law), Law No.30 of 2010 (Law Regulating the Legal Profession)

expensive to obtain—especially if informal payments

first instance, one judge from the summary courts,

must be made to civil servants. In Iraq “poverty certifi-

and a member of the Public Prosecution—an incredi-

cates” must be obtained from municipal offices, though

bly inefficient use of the time of senior officials for a rel-

such bodies have no real means of determining pover-

atively minor procedure, especially since court costs in

ty. Often persons seeking legal aid must file requests in

Egypt are relatively low. In comparison, court costs in

court which are then reviewed by judges—even though

Jordan are relatively high, so deferment of costs can

the cases could be resolved by provision of information

be of considerable benefit to poor persons. Yet the

or counseling rather than judicial proceedings. Anec-

complicated nature of the procedures (Table VII) is a

dotal information from legal aid centers in Jordan and

serious obstacle.

the Kurdistan Regional Government (KRG) of Iraq shows that only about one-third of legal aid clients ac-

Limited Extent of Service Provision – Little comprehen-

tually need to access a court to resolve their dispute.

sive data is available on the frequency of service provi-

Thus, involving judges and other court staff in these

sion, as most courts and bar associations do not

procedures is an inefficient use of already overbur-

compile statistics. Available information suggests a

dened court resources.

general lack of service provision. For example, in the

Procedures for deferring or exempting court fees

West Bank and Gaza, lawyers are appointed in criminal

are equally complicated. For example, in Syria, where

cases only two to three times per month. The number of

fees can be waived, and the West Bank and Gaza,

legal aid cases handled by the Beirut Bar Association in

where fees can be deferred, procedures are time-con-

Lebanon remains relatively small: 430 cases in 2010;

suming for both court officials and applicants seeking

573 cases in 2009; 533 cases in 2008; 788 cases in

assistance. In Lebanon and Iraq, court fees can be

2007; and 503 cases in 2006.9 This is in contrast with a

waived if the applicant is awarded legal aid, but these

total of 925 cases of legal representation provided in

processes are themselves complicated and time-consuming. In Egypt, an application for exemption of fees must be decided by a committee composed of two advisors from higher courts, two judges from courts of

“Emerging Good Practices in Enhancing Delivery of Justice Sector Services to the Poor in MNA – Lebanon”, a study conducted by Justicia Foundation for Development and Human Rights (2011).

9

10 | Delivery of Justice Sector Services to the Poor: How Are Middle East Governments Addressing Gaps?

Table vii – Procedures for Deferment of Court Fees in Jordan STEP 1: Motion to Chief Judge of court requesting deferment of fees, accompanied by certificates from: • Department of Land and Survey stating the applicant does not own land; • Department of Vehicles and Licenses stating the applicant does not own a vehicle • Department of Social Security stating the applicant has a limited salary or no salary • any additional documentation requested by the Chief Judge, for example bank statements

• Compiling such documentation can prove expensive, time-consuming and humiliating for applicants • Inefficient use of a Chief Judge’s time for such a minor procedure

STEP 2: Supporting the motion with two witnesses attesting to the state of poverty of the applicant, or by certification of poverty by a local official (mukhtar).

• Compiling such evidence/documentation can prove expensive, time-consuming and humiliating for applicants • There are no standard criteria for proving poverty • Local officials have no standard certification or guidelines to establish poverty

STEP 3: The Chief Judge issues a decision approving or denying request to defer court fees

• There are no firm criteria or guidelines available to judges to ascertain eligibility for deferment of fees.

STEP 4: If the person whose court fees were deferred wins the case, they must pay the fees

• Repayment is required at the time the judgment in their favor is issued, not actually enforced, thus the fees will have to be paid before the party receives their financial award

Jordan – Code of Civil Procedure.

one year only by the Amman Justice Center for Legal

Governments have done little to expand the pool of

Aid. The minimal extent of service delivery can be at-

potential service providers. There is limited use of non-

tributed to: (i) complicated procedures, poor quality of

lawyer services that could provide assistance on legal

services, and lack of awareness, thereby limiting all re-

awareness, information and counseling, nor is there

quests for services; (ii) a lack of capacity of relevant in-

development of pro bono programs, either of which

stitutions to effectively deliver services; and (iii) limited

would reduce costs and make systems more sustain-

ability to deliver services outside of capitals or major ur-

able. Developing partnerships between government

ban centers.

bodies, bar associations and civil society could also prove effective. Though bar associations are able to

The provision of legal aid services is undermined by

provide only limited services, they often act to block

an unwillingness of lawyers to accept legal aid cases be-

engagement of other service providers, particularly

cause of the low fees involved. Payments range from as

CSOs. Additionally, CSOs in the region continue to

low as about $50 per case in Iraq, to $200 in Lebanon,

function under overly restrictive legal frameworks gov-

and up to roughly $700 in the West Bank and Gaza. All of

erning registration and operation, which can hinder the

these fees are low in relation to the effort required and

provision of key legal services.

fees lawyers can obtain for other types of cases. The systems of appointing lawyers from established lists, ei-

Lack of Focus on Provision of Information and Counseling

ther directly by courts or through bar associations, are

Services – Comprehensive public information activities

ineffective. The result is that usually only inexperienced

implemented by public sector bodies in the region are

lawyers are willing to provide services. With limited train-

rare, with CSOs primarily filling the gaps. The situation is

ing available for lawyers willing to provide legal aid, the

similar for counseling activities, which provide advice re-

quality of services can be quite poor.

lated to individual cases. Public information and cou‑

Assessing Service Delivery Gaps | 11

nse­ling services are often cheaper to deliver than legal

service providers and allowing feedback from service

representation services, and activities can be targeted to

users. The work of lawyers providing legal aid services is

groups, thus raising the number of beneficiaries. Anec-

not systematically reviewed for quality control by bar

dotal evidence suggests a considerable portion of the

associations or ministries of justice. Most initiatives to

needs of the poor can be addressed through information

improve evaluation practices are implemented by

and counseling, with only a minority of cases needing le-

CSOs.

gal representation in court. Recent trends globally point to the separate delivery of information and basic coun-

Insufficient Funding for Service Provision – Funding of

seling from legal representation, for example through

services is also problematic, especially since it is not al-

public information and counseling centers or kiosks.

ways clear who bears the costs of assigning lawyers to

Such trends do not appear to have yet emerged in the

cases. Laws allowing bar associations to require lawyers

MNA region.

to provide legal aid services often do not cover the issue of funding, and governments do not always compensate

Limited Quality of Service Delivery – Quality of services

bar associations for appointing lawyers at the requests

is undermined by a lack of comprehensive systems of

of courts. In Syria, for example, the Bar Association must

monitoring and evaluation. Statistics on the provision of

use its own funds. The Government of Lebanon does not

services are often basic, and are inadequate as a basis

provide funding to the Beirut Bar Association’s Legal Aid

for service delivery improvement. In addition such infor-

Committee, though it provides lawyers when requested

mation is rarely publicly accessible, thus limiting ac-

by courts in criminal cases. Bar associations complain

countability for non-delivery of services. There are

of inadequate budgets to provide such services. Servic-

limited mechanisms for systematic evaluation of ser-

es provided by CSOs are in turn highly dependent on as-

vices, both in terms of measuring performance of

sistance from foreign donors.

12 | Delivery of Justice Sector Services to the Poor: How Are Middle East Governments Addressing Gaps?

Service Delivery Improvement Trends overnments in the region are increasingly recog-

G

Missing from the region are special, independent or

nizing the importance of improving delivery of

quasi-independent bodies mandated with administer-

justice sector services to the poor. Although

ing legal aid services, including: policy development; fi-

progress is slow, initiatives aimed at improving services

nancial management; data analysis and research; and

are slowly being developed and implemented— while, at

monitoring and evaluation. Such entities are more com-

the same time, taking into account demand and service

mon in other regions, for example the Legal Services

delivery obstacles. Recent trends include:

Commission in the United Kingdom, the Legal Aid Board in South Africa, or the regional legal aid boards in the

Legal Aid Services and Waiver/ Deferment of Court Fees

Netherlands. Moves to establish similar bodies are underway in Poland, Bulgaria, Lithuania and Moldova. The closest to this type of entity in the region is the Legal Aid Commission in Syria, which in practice is barely func-

Developing Policy on Service Delivery – Several govern-

tional.

ments are attempting to address the policy gap. The approaches have taken several forms, led by different

Assessing the Demand-Side of Services – Broader at-

institutions. In Iraq, for example, the High Judicial Coun-

tempts to gauge the demand-side of services for poor

cil leads policy reform efforts. It established a special

communities through household surveys are currently

committee to operationalize service delivery improve-

underway. In preparation for the extension of legal aid

ments based on recommendations made during con-

throughout Jordan, a household survey of 1,000 families

sultations with justice sector officials, CSOs, and poor

on justice sector services was conducted in 2011 by the

communities. The Working Group on Legal Aid in the

Department of Statistics. An analysis of the results is un-

West Bank and Gaza, comprising the High Judicial

derway. The second Household and Socio-Economic

Council, the Ministry of Justice, and the Palestine Bar

Survey in Iraq, currently in progress, contains a series of

Association, aims to develop policies to support legal aid

questions related to justice sector services. These ques-

services for criminal cases. In Jordan, civil society is the

tions were added by the High Committee for Poverty Re-

primary driver of policy development. The Justice Cen-

duction, in recognition of the role justice sector services

ter for Legal Aid (JCLA), in coordination with the Ministry

can potentially play in addressing certain poverty issues,

of Justice, is developing policies on service delivery for

including access to employment, and housing and so-

implementation in legal aid centers that will extend

cial welfare benefits. In Lebanon, more targeted initia-

throughout Jordan.

tives to better understand demand for services related

13

to poor persons in pre-trial detention and those without

considerable time and frees resources that had been

identification documents are being implemented by

used to determine eligibility. Efforts to adopt sliding-

CSOs.

scale payments may allow for extension of service to

In increasing recognition of demand, service providers are extending services beyond criminal cases. For

persons who are not necessarily poor, but who cannot afford the full costs of legal actions.

example, the KRG Bar Association is promoting legislation that will allow it to provide comprehensive legal aid

Simplifying and Enhancing Access to Services – There

services for civil and criminal cases through centers

has been little attention paid to simplifying the compli-

placed in court facilities, which should also help to im-

cated procedures for accessing legal aid services, espe-

prove the geographical reach of services. CSOs are ex-

cially in relation to civil and personal status cases, or

panding legal aid services in civil and personal status

waiver/deferment of court costs. Many administrative

cases to balance the services already available for crim-

procedures are set in law rather than in regulations, so

inal cases. The JCLA in Jordan is expanding services

simplification requires legislative amendments. There is

outside of Amman through the establishment of new le-

also a common perception among stakeholders that

gal aid centers and the co-location of legal aid staff in of-

simplifying procedures will lead to increased demand

fices of CSOs providing social services in remote areas

for services, primarily by individuals who might other-

to meet service demands for rural inhabitants.

wise pay for services, thus reducing the income to courts when resources are already stretched. CSOs ac-

Clarifying Eligibility for Services – Proving eligibility for

tive in providing legal aid services in the region have

legal aid or exemption/waiver of courts remains compli-

been more effective in introducing simplified proce-

cated, especially for civil cases, due to unclear criteria.

dures for accessing their services, and have begun ad-

The Palestinian Authority is attempting to develop a sys-

vocating for simplification of procedures by courts and

tem of legal aid stamps that can be used to demonstrate

bar associations.

eligibility for legal aid services and deferment of court fees, though this would be limited to criminal cases only.

Developing and Integrating Service Providers – Govern-

In Syria, the Ministry of Labor and Social Welfare had

ments in the region have been slow to expand the pool of

been considering linking eligibility for legal aid services

service providers to better suit demand— at least par-

with eligibility for other social welfare benefits. The

tially in reaction to pressure from bar associations. The

Young Jurist Association in Iraq experimented with a

trend among many OECD countries10 and a number of

voucher system to demonstrate eligibility, although the

middle-income countries in other regions11 in recent

model was discontinued. Clarifying eligibility could help

years has been to develop mixed models of service de-

minimize resources needed for determining eligibility,

livery, mostly as a response to constraints on funding re-

thus freeing up resources for actual service delivery.

sources. Such systems build on a number of service

In some case, governments will automatically pro-

providers, including: private lawyers/law firms taking

vide legal aid to certain categories of vulnerable per-

cases on a contractual basis; state-funded public de-

sons. For example, Algeria automatically provides legal

fenders and civil legal aid offices; pro bono lawyers;

aid services to minors, single mothers, and injured

CSOs; and the use of paralegals, law students, and other

workers; Morocco to injured workers; and Lebanon to

professionals to provide advice, information, and coun-

persons with disabilities. In some cases, court fees can

seling services. Another option is to provide tools to

also be waived for special categories of persons. Egyptian courts waive fees for alimony and worker compensation cases, while Syrian courts waive fees for labor disputes. CSOs have been more proactive in developing eligibility criteria for their services. This saves

For example Canada, the Netherlands, New Zealand and Finland.

11 For example South Africa, Brazil and Chile.

10

14 | Delivery of Justice Sector Services to the Poor: How Are Middle East Governments Addressing Gaps?

allow persons to represent themselves (pro se) in court

services. CSOs are often able to obtain higher amounts

for civil cases.

of funding, but sustainability of programs is dependent

Most surprising in the region is the reluctance to

on the priorities of foreign donors.

build on the use of pro bono lawyers, since many coun-

The Bar Association of the KRG in Iraq drafted a

tries already have laws requiring such service from law-

new law, now under consideration, that would expand its

yers, usually coordinated through bar associations.

role in providing services in return for securing regular

Discussions are also limited in terms of developing spe-

government funding. Other bar associations collect fees

cial service providers to enhance public information.

on certain transactions, such as issuing powers of attor-

This trend is more common in other regions12, focusing

ney, that theoretically should help fund services. The

on the establishment of information ‘centers’, such as in-

Palestinian Authority is considering the establishment

formation kiosks to provide information related to the

of the Legal Aid Fund to cover the costs of legal aid ser-

most common cases (housing, administrative issues,

vices for criminal cases.13

consumer rights and family law issues).

In Iraq, the High Judicial Council is seeking to develop a role for law school professors and students to provide legal aid services through legal aid clinic programs. In Jordan, the JCLA is developing a training program for newly-graduated lawyers to allow them to provide legal aid services during their mandatory, twoyear apprenticeship which must be completed without payment. A similar initiative is under discussion among CSOs in Lebanon. CSOs have been considerably more active in developing and implementing public information and counseling activities, but justice sector institutions are not linking with, or building on,

Personal Status Issues For several reasons, justice sector institutions in the region have been more proactive in developing services related to personal status issues. Officials tend to understand the strong demand related to personal status issues, especially since services related to marriage, divorce, and inheritance are some of the most common services provided by judiciaries. Improvements to such services, therefore, have the potential to impact a high numbers of citizens. They also recognize the numerous

such initiatives.

gaps in service delivery, including high costs, complicat-

Developing Sustainable Funding – Funding for legal aid

particular, there seems to be a strong link between per-

services remains a considerable challenge in the MNA region. This is not a unique situation, as even the most developed economies struggle with supplying adequate resources to meet demand. Governments outside of the region have partially addressed funding issues by: (i) increasing the pool of lower-cost service providers, such as pro bono lawyer networks and law school clinics; (ii) introducing sliding-scale payments for services; and (iii) developing mixed systems of public and private ser-

ed procedures, and weak enforcement of decisions. In sonal status issues (eg. alimony, child support, inheritance), and poverty.

In order to enhance access to services, a number of personal status court systems do not apply fees for key services, such as divorce, or apply reduced fees as compared with civil courts. In Jordan, court fees and fees for powers of attorney are only a fraction of those in the civil court system. Court fees are also low or non-existent for some services in Lebanon and Egypt. When court fees do

vice providers. Within the region, the focus has been on securing sources of funding to support legal aid. These include legal aid funds, guaranteed government budget allocations, and fees on other services (powers of attorney, mediation, marriage contracts). The result is that service providers such as courts and bar associations can barely sustain the current limited provision of

12 For example, citizen advice bureaus (New Zealand, Netherlands, the United Kingdom), Family Law Information Centers (Ontario), citizen advisory centers run by CSOs (Czech Republic), Casas de Justicia (Peru) and the use of paralegals (South Africa).

13 The Legal Aid Fund would be comprised of representatives of the Public Prosecution, High Judicial Council, Palestine Bar Association, and Ministry of Justice.

Service Delivery Improvement Trends | 15

apply they can be waived, but procedures for doing so

legally in existence under the Ministry of Justice, it

can be as complicated as for other types of civil cases.

does not provide services. Tunisia created the Fund for

Some religious courts systems—for example, those

Alimony and Divorce Guarantee in 1993, which en-

in Jordan, the West Bank and Gaza, and Lebanon—do

sures payment of alimony and child support when

not require parties to be represented by a lawyer. This is

payments are not made and cannot be enforced

intended as a means to reduce costs and ease access.

through other mechanisms.14 Amendments to the Jor-

Since lawyers are not required, providing free legal rep-

danian Personal Status Code made in 2010 also pro-

resentation for poor persons has not been a priority.

vide for the establishment of an alimony fund. In Syria,

However, while not requiring a lawyer saves on legal fees,

the Ministry of Labor and Social Welfare had drafted an

not having legal representation can be a detriment in

Alimony Fund Law for consideration.

complicated cases. Courts have done little to provide

The only two funds presently active in the Middle

support to persons representing themselves in court,

East region are the Alimony Fund in the West Bank and

such as making information easily available, and simpli-

Gaza, providing services since 2007,15 and the Family In-

fying and standardizing court forms. Since comprehen-

surance Fund16 in Egypt, established in 2004. The latter

sive legal aid assistance often remains more limited in

functions as a non-profit fund affiliated with Nasser So-

religious courts, the poor are at a distinct disadvantage,

cial Bank. A similar fund should start services in Jordan,

especially if an opposing party can afford a lawyer.

once the relevant operating regulations are adopted.

In addition to reducing costs and eliminating the

Both the West Bank and Gaza and Egypt funds provide

need for legal representation to enhance overall ac-

direct alimony and child support payments to women

cess to services, courts have also developed special-

when judicial decisions are not enforced.

ized services targeted directly to vulnerable persons.

Although addressing an important need, services

While not aimed directly at the poor, these services are

related to these funds remain underutilized. The Alimo-

likely to have a considerable impact on this group be-

ny Fund is operational only in the West Bank, and its

cause such services cover issues of importance such

beneficiaries are limited. In Egypt, no data on the num-

as alimony, child support, and inheritance. These new

ber of beneficiaries is available. There are a number of

services include improved procedures for accessing

reasons for lack of services, including: (i) the lack of

alimony and child support, and protection of inheri-

awareness of services among potential beneficiaries,

tance rights (Table VIII).

and the inability of the Funds to conduct effective out-

In addition, several governments have developed

reach; (ii) inadequate staffing to provide more compre-

programs related to ensuring alimony payments

hensive services; (iii) insufficient funding to cover costs

through special, independent funds. The objective is to

related to the payment of benefits, especially if the

ensure women receive alimony and child support pay-

number of beneficiaries were to rise; and (iv) overly

ments when court decisions are not enforced. En-

complicated procedures for accessing services.

forcement of judicial systems remains problematic throughout the region. A survey conducted by the Alimony Fund in the West Bank and Gaza found only around 7 percent of Sharia Court decisions awarding alimony were enforced.

Alimony funds are not a new concept. Iraq established an alimony fund in the 1960s. Although it is still

Law 93–65 of 5 July 1993.

Alimony Fund Law No. 6 of 2005. Though the legal mandate of the Fund covers both the West Bank & Gaza.

16 Family Provision Act No. 11/2004.

14

15

16 | Delivery of Justice Sector Services to the Poor: How Are Middle East Governments Addressing Gaps?

table viii – Simplified Services for Personal Status Cases Expedited Alimony/Child Support Payments • Alimony can be requested at time of filing for divorce, rather than waiting for finalization of the divorce (Jordan)

• Developed to address the fact that divorce proceedings can take years to finalize, during which time women do not have access to alimony payments. This has a particularly negative economic impact on poor women.

• Alimony can be paid immediately upon request rather than waiting for a court decision awarding alimony—“expedited alimony” (Iraq, Jordan).

• Also developed to address the fact that divorce proceedings can take years to finalize, which has a negative impact on poor women who need access to alimony and child support immediately.

• In Jordan, two conditions must be met: 1) a guarantor is provided to guarantee re-payment of alimony sums if the subsequent court decisions does not provide for alimony and 2) producing a witness stating the applicant is able to re-pay alimony payments if necessary. Similar procedures also allow for expedited child custody.

• It is unclear to what extent this service is functional in Iraq.

Access to Inheritance • Revisions of the process of takharoj, so that a female heir must wait three months after being awarded inheritance rights before such rights can be renounced and transferred to other heirs (Jordan) • Alternatively, rights to land can be transferred through the Department of Land and Survey only after rights have been registered in the name of the female heir, so that a female heir is aware of her actual rights before renouncing them (Jordan)

• These measures have been put into place to address the strong societal pressure women face in renouncing inheritance rights in favor of male relatives, which has a particularly negative impact on poor women as inheritance may be the primary means of transferring wealth.

Jordan – Personal Status Code, amended 2010.

table ix – Alimony Funds, West Bank & Gaza and Egypt Mandate To provide payments for alimony and child support when court decisions are not enforced

Reason for Establishment There are numerous problems with the enforcement of judicial decisions in a timely and effective manner

Funding • Reimbursement from debtor, with financial penalties, through automatic salary reductions for civil servants, and liens on bank accounts and motor vehicles • Administrative fees levied on registration of births, marriages and divorces • Government contributions • Private donations

Beneficiaries • West Bank & Gaza – 150 beneficiaries (2007–2009); 400 beneficiaries (2009–2010) • Egypt – official data is unavailable, anecdotal information points to limited number of beneficiaries West Bank and Gaza – Alimony Fund Law No. 6 of 2005; Egypt – Family Provision Act No. 11/2004.

Service Delivery Improvement Trends | 17

Conclusion

I

mproving justice sector services to benefit poor per-

comprehensive understanding of the demand-side of

sons is not a novel idea in the region. All governments

services is a start. Initiatives are underway in Jordan and

have targeted services toward them. Legal and regu-

Iraq through household surveys that include the justice

latory frameworks, and to a lesser extent institutional

sector. There are a number of other useful sources of in-

frameworks, exist to underpin service delivery. Yet there

formation not currently utilized, including: (i)analysis of

remain considerable gaps in implementation. Weak un-

the caseloads of existing legal aid service providers

derstanding of demand undermines proper targeting of

(CSOs and bar associations) and institutions address-

services. There are no public sector institutions effec-

ing public sector complaints (administrative courts,

tively developing policy, or managing, monitoring and

complaints hotlines, ombudsmen); (ii) assessment of

evaluating service delivery. Decision-makers are reluc-

caseloads of courts located in areas of high poverty; and

tant to expand the pool of service providers beyond law-

(iii) direct consultations with poor communities and

yers. Eligibility for services is often unclear, while

CSOs working with them. Justice sector institutions

procedures for accessing them are complicated and ex-

could more comprehensively compile and analyze data,

pensive. The considerable lack of public awareness

and make such data more easily available to the public.

leads to limited requests for assistance. Service delivery

Such information can also highlight problematic servic-

is further undermined by inadequate, and mostly un-

es outside of the justice sector.

sutainable funding.

In terms of developing policy toward and managing

The result is that legal aid, waiver/postponement of

legal aid services, international experience suggests

court fees and special services related to personal status

benefits related to having an independent, or quasi-in-

issues remain highly under-utilized throughout the re-

dependent, institution overseeing legal aid services.

gion. Developing a proper framework for services to ben-

Mandates can include policy development, planning

efit the poor requires experimenting with different types

and staffing of legal aid providers, allocation of resourc-

of properly-targeted services, delivery mechanisms and

es, strategic guidance, monitoring and evaluation, re-

institutions. Governments in the Middle East have been

search and analysis, and advising governments on

slow to experiment in order to develop formulas best

reforms. If governments in the region are serious about

suited to their needs. There is much in terms of local ini-

providing legal aid services, public sector institutions

tiatives within the region that can built upon, and much

need to take a more active role in implementing these

experience globally that can help inform further reforms.

responsibilities. Similar measures can be developed to

There are a number of measures that could help

support alimony funds and other special services. In

close the gaps in service delivery. Developing a more

many instances, CSOs and religious courts have been

19

more proactive in developing polices related to their

dents and apprentice lawyers, with proper training,

own services, such as legal aid and special services cov-

could also be integrated. An independent or quasi-inde-

ering access to alimony and child support payments,

pendent agency or committee would aid in managing

and other public sector institutions can learn much

these systems. International practices provide much ex-

from these initiatives.

perience in experimenting with such mechanisms.17

Eligibility criteria for services needs to be clarified

In one area the Middle East is ahead of the curve, that

and simplified. Current criteria, resting often on an un-de-

is in requiring lawyers to perform a certain amount of pro

fined status of poverty, are difficult and time-consuming

bono assistance per year. Such arrangements are under

for service providers, especially court staff, to administer.

discussion in a number of jurisdictions outside of the re-

Potential beneficiaries spend too much time and money

gion, but in the Middle East, governments need to make

collecting documents to prove eligibility. Further, there is

them more effective in practice, as well as in law. The con-

considerable discretion in awarding services.

cept of self-representation (pro se) could be developed to

Global trends provide some options: defined in-

support persons in court proceedings not requiring law-

come/ asset level assessments to prove eligibility; linking

yers, and could have a considerable, positive impact in

eligibility to existing social programs; standardizing cer-

personal status and other civil cases impacting the poor.

tificates confirming poverty; electronic access for service

The gap in service delivery outside of major urban areas

providers to proof of assets and income of applicants;

can be addressed by mobile service providers and using

and providing eligibility for lower cost services, such as in-

local expertise to provide more services linked to infor-

formation and counseling, to all citizens while restricting

mation and counseling. Public awareness can be im-

more expensive services, such as representation by a

proved through information centers, desks and kiosks,

lawyer, to those most in need. This is an area where CSOs

working in cooperation with CSOs and local officials.

in the region tend to lead the way, developing clear and simplified eligibility requirements for their services.

There are a number of ways to improve the quality of services. Proper training programs should be estab-

Procedures for accessing services once eligibility is

lished for existing service providers. This includes cur-

established also need to be simplified and made more

rent legal aid service providers, such as lawyers

effective. Necessary forms for accessing legal aid and

appointed by court and bar associations, judges, court

special services related to personal status cases, and for

administration staff, CSO staff and local experts.

waiving/postponing court fees, can be simplified and

It should also include new providers, such as apprentice

standardized. They can also be made more easily avail-

lawyers, law students and community leaders. For ser-

able to the public, for example by building on existing e-

vices related to waiver/postponement of court fees or

government initiatives that provide forms online. While

personal status cases, judges and court staff need to be

online availability of forms could be helpful, attention

better trained on the availability of services and proce-

should be paid to reaching illiterate persons without in-

dures for delivering them. They also need to be trained

ternet access. Public information campaigns and coun-

to better support persons representing themselves in

seling activities can be geared toward informing

court. A short training module on justice sector services

potential beneficiaries about forms and procedures.

and poverty could be implemented through judicial

And procedures for appointing pro bono lawyers can be

training institutes. Proper monitoring and evaluation

strengthened to ensure beneficiaries receive proper

mechanisms need to be put into place to ensure that the

representation.

delivery and impact of services can be measured effec-

The extent of service delivery can also be enhanced.

Delivery of legal aid services tends to be more successful where the pool of service providers combines public sector institutions, bar associations, CSOs, and private lawyers and law firms in a coordinated manner. Law stu-

17 For example, England and Wales, the Netherlands and South Africa have comprehensive systems that have undergone considerable reform to better balance policies, needs and resources, and thus offer considerable lessons.

20 | Delivery of Justice Sector Services to the Poor: How Are Middle East Governments Addressing Gaps?

tively. This should include a mechanism for obtaining di-

Doing so would have the added benefit of reducing ad-

rect feedback from beneficiaries.

ministrative costs borne by public institutions.

Perhaps most difficult to address are issues related

Other measures include: enhancing the pool of

to funding and sustainability of services, and reconcil-

lower- cost service providers, such as law students and

ing costs with the quality of service delivery. As a first

paralegal-type professionals; instituting co-payment

step, MNA countries should aim to make services as ef-

for services for applicants able to pay even minimal

ficient as possible to minimize costs. Addressing the

amounts; establishment of legal insurance schemes;

gaps in service delivery assessed in this study would be

and introduction of self-representation tools. Once sys-

a useful first step. Some improvements can be intro-

tems are made more efficient, governments will have a

duced with little to no cost—such as simplifying proce-

better understanding of the actual costs involved and

dures for proving eligibility and accessing services.

can plan accordingly.

Conclusion | 21

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