4.1 Introduction
The preceding Chapter outlined the Rwandan government?s
attempts to establish a legal aid system that promotes and protects civil
liberties. These laws are contained in a wide range of statutes, but more
importantly in the new Constitution. This Chapter takes the thesis forward by
analysing legal aid models and schemes in operation in Rwanda. The central aim
of this Chapter is to demonstrate the importance of committed government
participation in any legal aid model. Naturally, such a scheme would also
require the participation and co-operation of advocates and lawyers. Scholars
and legal commentators see these factors as a prerequisite for a successful
legal aid scheme.154
Clearly, replicating models adopted from one country in
another without taking on board the host country?s unique circumstances is a
recipe for failure. At the same time, there is no doubt that improving the
system of legal aid must become one of the goals of legal development in
Rwanda. Such transformation would facilitate the realisation of the
constitutional right to legal assistance (including free legal assistance). But
improving the system is impossible without a comprehensive evaluation and
re-alignment of the current state of the system in a country where the poor
constitute the bulk of the population.155
It is trite that a successful justice system is measured by
the efficacy of its inherent legal aid system and the ease with which people
can access justice.156 It is against this backdrop that this section
of the thesis will analyse legal aid scheme models in place in South Africa. It
is hoped that this exercise will inform efforts to build a coherent and
efficient legal aid plan that is ideal for Rwanda and its troubled past. But
before embarking at the task, a few words on principles for a design of legal
aid systems are necessary.
154 See details in Hennie, supra note 5, 65.
155 For more details about the economic situation in Rwanda see
supra note 106.
156 Hennie, supra note 5, 59.
4.2 Principles for the design of legal aid systems and
the correlation between the organisation of legal aid and the entire legal
system
One of the essential aspects of access to justice is the right
to receive competent legal assistance.157 However, in most African
countries including Rwanda, lawyers are beyond the means of most citizens. This
forms a natural entry point into the discussion on principles for the design of
legal aid systems.
4.2.1 State involvement in legal aid organisation and its
funding
It has been stated above, it is the responsibility of states
to provide legal aid. This obligation arises from a range of international
norms and standards.158 For that reason, it is critical that states
become deeply involved in funding legal aid frameworks to avoid polarising the
country along two lines: one constituting citizens who have access to the
judicial system and the other comprising those who do not. More importantly,
the state responsibility to provide legal aid is crucial to any restructuring
or establishment of legal aid systems.159 Thus the state?s primary
responsibility for legal assistance is predicated on several different basal
strata, including moral, political, social-justice and legal.160
As Mauro Cappelletti and Bryant Garth161 argue, if
the poor are to get the services of lawyers, the state must provide the money.
Thus, the commitment of state funds on a massive scale is a sine qua
non in all modern legal service programmes.162 As noted above,
in Rwanda, the government has recently established Access to Justice Centres
through which people can access justice. 163 This scheme will
augment a parallel programme managed by the Bar Association which has been
struggling to cope with large volumes of people requiring legal assistance. The
Bar Association has been hampered in its drive to spread legal aid by its small
human resource base.
157 See ample details in O Y Krivonosova et al. Provision of
Legal Aid in the Russian Federation: Legislation and Practice (2005)
Culombia University 1.
158 E Skinnider The responsibility of States to provide legal
aid (2002) 257
159 Ibid., p. 2.
160 Ibid.
161 M Cappelleti and B Garth Access to justice: Emerging
issues and perspectives V. III, DOTT A GIUFFRE EDITORE-Milan 393.
162 Ibid.
163 See details supra point 3.4
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