Access to justice and the international law standards

3.3.3 Provisions of legal aid by non-state actors in Rwanda

Several associations, national and international institutions provide legal counsel and assistance to the needy community.¹³⁵ In Rwanda, these actors have found themselves replacing, rather than complementing, the services that traditionally ought to be provided by the state.¹³⁶ Virtually all the NGOs in Rwanda operate alone and are highly dependent on foreign funding. Some of them pay for a lawyer. They make up what is called the legal aid forum which is the Network of Legal Aid Delivers in Rwanda.¹³⁷ These include, among others, Association Rwandaise pour la Défense des Droits de l'Homme (ARDHO),¹³⁸ Collectif des Ligues et Associations de Défense de Droits de l'Homme (CLADHO),¹³⁹ Ligue Rwandaise pour la Promotion et la Défense de Droits de l'Homme (LIPRODHOR),¹⁴⁰ Lawyers Without Borders,¹⁴¹ Haguruka,¹⁴² Norwegian People?s Aid (NPA), ¹⁴³ the Youth Association for Human Rights Promotion and Development (AJPRODHO -JIJUKIRWA),¹⁴⁴ and University-based Legal Aid Clinics.¹⁴⁵

It is useful to note that the main thematic areas covered by these NGOs are genocide related criminal cases, labour related cases and cases related to the rights of women and children.¹⁴⁶ They give legal advice and information to people who present themselves to their offices in Kigali. When necessary, they make requests, meet with the authorities,

¹³⁵ See J Dugard Courts and the poor in South Africa: A critique of Systemic judicial failures to advance transformative justice (2008) CALS University of Witwatersrand 221.

¹³⁶ It should be noted that, according to the wording of the ICCPR and not very much like the Rwandan practice, the onus is on the state to ensure that every individual enjoys his or her rights to justice and attempts to do so through legal aid. See Article 14(3) of the ICCPR. See also Hennie, supra note 5, 54 and Abramowitz, supra note 5.

¹³⁷ The Legal Aid Forum is a membership based structure encompassing national and international NGOs, international organisations, professional bodies, universities and faith based initiatives that provide legal aid services to the indigent Rwandan population or particular vulnerable groups (or that provide support to legal aid service providers in Rwanda). It is governed by a Charter drafted and adopted by the members in October 2006. See details at http://international.lawsociety.org.uk/node/2732, accessed on 22 July 2009.

¹³⁸ The Rwandan Association for the Defense of Human Rights (ARDHO) was formed on September 1991.

139 Rwandan Collective of Leagues and Associations for the Defense of Human Rights (CLADHO) was formed in March 1992.

¹⁴⁰ Rwandan League for the Promotion and Defense of Human Rights (LIPRODHOR) was formed in 1991.

¹⁴¹ This was established in Rwanda late 1996 following the 1994 Tutsi genocide.

¹⁴² This is the first ever legal aid provider in Rwanda. See further details supra note 14.

¹⁴³ NPA began its work in Rwanda after the Genocide in 1994 and is a rights-based approach programme working in partnership with local organisations.

¹⁴⁴ AJPRODHO-JIJUKIRWA was founded in 1996 by Students at the National University of Rwanda as a Students Association for Human Rights Promotion.

¹⁴⁵ Legal aid Clinics are operating in National University of Rwanda and Kigali Independent University.

¹⁴⁶ See details in DIHR?s report, supra note 29, 51-52.

and visit prisons. Sometimes their staff write the conclusions for court proceedings.¹⁴⁷ They use paralegals who are people in the community trained by their respective organisations so that they can assist the local population and help raise awareness about human rights in general.

It should further be noted that virtually all these legal aid providers have almost the same goal, to promote equitable access to justice for disadvantaged and vulnerable groups in Rwanda through the provision of accessible and quality legal aid services.

The Kigali Bar Association is the most prominent of the non-state actors involved in providing legal aid in the country. Its sterling efforts have nonetheless failed to cure deficiencies that plague the Rwandan legal aid framework. Only concerted efforts that include high levels of state involvement and the contribution of the organized legal profession can cure those deficiencies.¹⁴⁸