The 2005 International Forum on Legal Aid (IFLA 2005) held on 15-17 October 2005 in Taipei focused on the theme "Legal Aid Fundamentals and Future Developments". IFLA 2005 examined the existing legal aid systems in the world by discussing issues relating to need assessment, access to legal aid, quality of legal aid, and legal aid lawyers. It also addressed the promotion of legal services worldwide, the status of the international legal aid system, and the challenges facing legal aid
One of the keynote speeches summarizes the general situation of legal aid globally:<1>
1. Making a reality of 'rights' - The need for an effective legal aid system in protecting human rights and a fair trial
There is an international awareness that access to justice is a fundamental human right in relation to criminal law. People should not be prevented from obtaining justice - especially where their life or liberty is threatened - by lack of the means to pay for a lawyer to represent them
A number of countries have constitutions which apparently guarantee access to justice for people who cannot afford to pay for their own lawyer, particularly in criminal cases. However, this constitutional right is not always enforceable in practice, for a number of reasons, such as a shortage of lawyers or lack of public funds to pay them. There is a growing movement, (for example, in Russia and Brazil) to identify these inadequacies and then develop the means to make the constitutional guarantees a reality
2. Increasing state involvement in the provision, administration and delivery arrangements for legal aid services
A number of countries have had - or have - legal aid systems which are run by the legal profession. This seems to be less common, as governments increasingly fund and establish a legal aid system, then continue to develop strategic plans for its delivery
For many countries with established legal aid systems, the state decides the main principles on which they operate, though it often delegates arrangements for operational management to a separate body
3. Researching the need for advice and legal services - a move towards evidence-based policy
There is increasing interest in researching the need for legal advice and assistance. In England, Professor Hazel Genn at University College, London, carried out some ground-breaking research.<2> This [research] showed that far from us having a 'compensation culture' and looking to litigation to resolve problems, one in twenty people surveyed had some sort of legal problem but took no steps to resolve it, mainly because they did not think anything could be done, or did not know how to get help. A further 35% tried to solve the problem themselves, without seeking help. The research also showed that having one sort of problem - for example, an employment problem - was related to a cluster of other problems (with money, consumer or property)
4. The development of quality standards and systems
Looking for ways to ensure that public funding for legal aid results in high quality services by lawyers has emerged as a clear trend over recent years. Many countries have devised their own systems for this, and there are a number of interesting initiatives. In some countries, quality systems are professional (run by the Bar Associations for example) and in others they are imposed by government or the legal aid administration body
5. Financial constraints on legal aid provision
This is an issue for many countries, some of which have capped (limited) legal aid budgets. However much is spent on legal aid services, it is often insufficient to meet demand, let alone need, and the requirement to control costs often limits the range, nature and extent of services provided
6. Developing new methods of delivering advice and legal services
Research in the UK and elsewhere has indicated that there is more need for advice and legal services than the current supply of advisers and lawyers can meet. In England there are areas of the country where there are 'advice deserts' and people are not able to find a local legal aid lawyer who is a specialist in the appropriate category of law
The Chairperson (Tsai Tun-Ming) of the local host, Legal Aid Foundation, cited the important role of legal aid in human rights advocacy. He stressed its role in promoting human rights, rule of law, and social justice. The President of Judicial Yuan (Weng Yueh- sheng) stressed the need to ensure access to justice by the poor and the weak. He explained the enactment of Legal Aid Act in 2004 that established the Legal Aid Foundation as a response to this need
The Legal Aid Foundation opened on 1 July 2004 and established branch offices all over Taiwan. In a short period of time (as of December 2005) more than 7,000 cases have already been accepted out of more than 17,000 applications
The conference ended with a joint statement on legal aid and how to better develop it worldwide. The joint statement was agreed upon by representatives of legal aid organizations and related experts from Australia, Cambodia, Costa Rica, the Czech Republic, Germany, Hong Kong, India, Indonesia, Japan, Republic of Korea, Malaysia, Philippines, South Africa, Taiwan , Thailand, the United Kingdom, the United States and Vietnam
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Access to justice is a universal human right, as reflected in the Universal Declaration of Human Rights and many international and regional human rights instruments, as well as the United Nations 1990 Basic Principles on the Role of Lawyers. Based on this firm conviction, we believe that access to lawyers and legal services should be guaranteed and made available to all, especially to the poor and other disadvantaged persons, when necessary to achieve a just and fair result. Therefore, we agree on the following conclusions
I. Organization
- All societies should strive to establish effective legal aid systems; governments, professional legal organizations and non-governmental organizations have a critical role to play in this process.
- Governments should ensure that such systems are provided with sufficient resources.
- Legal aid institutions should be independent in structure, operation and in delivery of services.
II. Need Assessment and Access
- Legal aid as well as relevant information on legal aid should be readily accessible to the poor and other disadvantaged persons.
- Legal aid systems and services should flexibly respond to the needs of the individual and the changing conditions of society.
- Legal aid should be provided in a timely and efficient manner.
III. Quality
- Legal aid services should be professional and effective.
- Persons providing legal aid should be respectful, approachable and proactive.
- Systems should be established and implemented to ensure the provision of high-quality services which promote the rule of law.
IV. Role of Lawyers
- Lawyers should be encouraged to participate in legal aid work.
- When providing legal aid, lawyers should act professionally and without fear or favor.
- Professional associations of lawyers should fully support legal aid.
V. International Cooperation
- We will promote international exchange of legal aid experience and information.
- Another international legal aid conference should be held in two years.
- We will study ways of establishing a framework for international co-operation in legal aid.
For further information, please contact: Amy Hsieh, Coordinator, 2005 International Forum on Legal Aid , Legal Aid Foundation, 200 Jin Shan South Rd Sec. 2, 5F, Taipei 106 Taiwan; ph (886-2) 23225255 ext. 139; fax (886-2) 23224088; amy@laf.org.tw; www.laf.org.tw
1. Alison Hannah, Global Trends in Legal Aid, Legal Action Group, in www.lag.org.uk/Templates/Internal.asp?NodeID=88869 2. Paths to Justice (London: Hart Publishing Co., 1999).