LS 110

LEGAL AID AND HUMAN RIGHTS

ADVOCACY
July 20th , 2023
By Dr.Theresia Charles Numbi
 § ACCESS TO JUSTICE & RULE OF LAW .
§ COMPARATIVE DISCUSSION ON VARIOUS LEGAL AID
SCHEMES.

§ LEGAL FRAMEWORK OF LEGAL AID IN TANZANIA.

§ MAIN FEATURES OF THE LEGAL AID ACT & LEGAL
CONTENT AID REGULATIONS.

§ LEGAL AID PROVIDERS

§ PRACTICAL CONSIDERATIONS IN PROVISION OF
LEGAL AID
“The Law Courts
are Open to any
many, so are the
doors of the Ritz
Hotel”
Lord Justice Charles John Darling
 What do you
think he meant
by this ?

Ritz Hotel in London

 ACCESS TO
JUSTICE & RULE
OF LAW
 § Access to justice is simply the ability to seek and obtain a
remedy through a formal or informal justice system and or
institution .

§ Access to justice may also refers to the ability of individuals

and groups to access the legal system and obtain a fair and
timely resolution to their legal problems, regardless of their
financial or social status. This includes access to legal
ACCESS TO JUSTICE information, legal advice, and representation, as well as access
As a concept to the courts and other legal institutions.

§ It is a RIGHT which emanates from human rights standards

that require for there to be equality for all before the law, the
right to be treated fairly by any tribunal among others
 § Legal information and education : - public legal education
campaigns, community legal clinics and online resources.
§ Legal aid and assistance :- financial and legal assistance to those
who cannot afford lawyer.
§ Affordable and accessible courts and tribunals
§ Fair and impartial judiciary
ACCESS TO JUSTICE § Effective Dispute Resolution Mechanisms
Ingredients
§ Protection of human rights : include protection of human rights,
including the right to a fair trial, freedom from discrimination, and
the right to be free from arbitrary detention or other forms of state
abuse.
§ There must be good laws which are understood by majority of the
people
 § Universal Declaration of Human Rights Articles 6,8,9,10
& 11

§ International Covenant on Civil and Political Rights

ACCESS TO JUSTICE (ICCPR) Article 14

Legal basis in Tanzania § Article 13 (1) of the Constitution of the United Republic
of Tanzania of 1977

§ Reading together with chapter Six of the Political

Manifestation 2020-2025 ( page 161-168)
 § Everyone has the right to recognition everywhere as a person before the law.
§ All are equal before the law and are entitled without any discrimination to equal
protection of the law. All are entitled to equal protection against any
discrimination in violation of this Declaration and against any incitement to such
discrimination.

§ Everyone has the right to an effective remedy by the competent national

tribunals for acts violating the fundamental rights granted him by the

ACCESS TO JUSTICE constitution or by law.

§ No one shall be subjected to arbitrary arrest, detention or exile.

UDHR Articles 6 ,8, 9.10
§ Everyone is entitled in full equality to a fair and public hearing by an
independent and impartial tribunal, in the determination of his rights and
obligations and of any criminal charge against him.
 § NO ONE is above the Law and EVERYONE is subject to the
Law

Key Elements
§ Supremacy of Law (Principle of Legality)
§ Principle of Equality and
§ Respect of Court decisions
RULE OF LAW
Associations

§ Presumptions of innocence
§ Double Jeopardy –cannot be tried for the same offences more
than once

§ Legal equality
In theory, the
rule of Law
implies ?
Ø Laws are enacted in a transparent manner, and citizens are aware of their rights and responsibilities

under the law

Ø The legal system is independent and free from undue influence or interference

Ø All individuals, regardless of their social status, are equal before the law, and there is no discrimination

or favoritism

Ø Legal process, including court proceedings and law enforcement activities , are conducted fairly, impartially ,

and without corruption

Ø The government, as well as public officials , are accountable and subject to the law like any other citizen

Ø Dispute are resolved through established legal mechanisms , ensuring access to justice for all
What is the reality
of Rule of Law in
Tanzania?
 COMPARATIVE
DISCUSSION ON
VARIOUS LEGAL
AID SCHEMES.
 Discussion Questions

What is Legal Aid ?

What is meant by the unmeet need for legal services?

For what reasons do you think someone would fail to get the legal help they need?

What Matters do you think legal aid is available for in Tanzania?

 § Legal aid has been defined as a system of providing free advice
also is all about the law and practical help with legal matters for
people who are too poor to pay for it.

§ The Lilongwe Declaration 2004 defines ‘legal aid’ as including

‘legal advice, assistance, representation, education and
WHAT LEGAL mechanisms for alternative dispute resolution; and as including

AID? a wide range of stakeholders, such as non-governmental

organizations, professional bodies and academic institutions’.
As far as members of the public are concerned, legal aid is
perhaps more helpfully described as the general term used to
cover the provision of legal advice and representation to
individuals at no cost, or at reduced cost, to individuals.
 § Legal aid schemes are programs designed to provide legal
assistance to individuals who cannot afford to hire a lawyer on
their own. These programs can take many different forms, but
their main goal is to ensure that everyone has access to justice,
regardless of their financial means.
§ Legal aid schemes can provide a range of services, including
legal advice, representation in court or other legal proceedings,

WHAT IS LEGAL assistance with legal paperwork, and mediation or other forms
of dispute resolution. Some legal aid schemes may also provide
AID SCHEMES financial assistance to cover the costs of legal representation,
such as court fees or lawyer's fees.
§ Legal aid schemes are typically run by governments, non-profit
organizations, or a combination of both. They may be funded
by taxes, grants, or donations, and may be staffed by lawyers,
paralegals, or other legal professionals.
 1. Legal advice clinics: These are walk-in or appointment-based
clinics where individuals can receive legal advice from lawyers
or other legal professionals. Legal advice clinics can be general
or specialize in specific areas of law, such as family law,
housing law, or employment law.

COMMON 2. Legal aid societies: These are non-profit organizations that

provide legal assistance to low-income individuals and families.
TYPES OF LEGAL Legal aid societies may offer a range of services, including

AID SCHEMES
legal advice, representation in court, and assistance with legal
paperwork.

3. Public defenders: Public defenders are lawyers who are

appointed by the court to represent individuals who cannot
afford to hire their own lawyer in criminal cases.
Cont..
4. Pro bono programs: These are programs where lawyers provide
free legal services to low-income individuals or non-profit
organizations. Pro bono programs may be organized by bar
associations, law firms, or other legal organizations.
5.Court-based legal assistance: Some courts may have programs that
provide legal assistance to individuals who are representing
themselves in court. This can include assistance with legal paperwork,
guidance on court procedures, and referrals to legal aid programs or
pro bono lawyers.
6.Online legal resources: Some legal aid schemes provide online
resources, such as legal information, self-help guides, and interactive
tools, to help individuals navigate the legal system on their own.
LEGAL AID MODELS
 § A Legal Aid Model means a delivery system for legal
aid through instructing private legal practitioners to
represent individual legal aid clients where a private

§ Lawyers and law firms are paid to handle cases from

JUDICARE eligible clients alongside cases from fee-paying clients.

MODEL § They are paid by the State to undertake legal aid work
as part of their legal work.

§ Type of cases eligible : criminal matters, family , social

benefits, immigration or refugees law
 § A legal Aid Model where lawyers are employed on

STAFF salary solely to provide legal aid assistance to

qualifying low-income clients .
ATTORNEY § It is also called salaried model –where the State
MODEL employs lawyers to work as public sector ,legal aid
lawyers , for low income Clients
 § A LEGAL Aid Model where the State funds both the
private profession and State employed lawyers provide
MIXED MODEL legal assistance . It is a mix between the judicare and
salaried model.
 § A legal Aid model which is people centered
established by private sector to compliment the efforts
of the State.

COMMUNITY § Their services and standard depend on the availability

of funds and willingness of the private actor who
MODEL provide legal services.

§ Not established by Statutes but general regulated by

State.
 LEGAL
FRAMEWORK GOVERNING LEGAL AID IN
TANZANIA.
 § Tanzania has ratified several International Human Rights Instruments which
directly provide for legal aid to individuals within state

International Level
§ UDHR – article 11(1) every person charged with an offense should be accorded with all
guarantees necessary to defend his case
§ ICCPR –article 1414 (3) (b) provides for a right of a person charged with criminal offence to
defend his case on his own or through the use counsel of his choice.
§ CRC- article 40(2) provides obliges state parties to ensure that the child who is in conflict with

LEGAL the law is “informed promptly and directly of the charges against him or her and, if appropriate,
through his or her guardians, and to have legal or other appropriate assistance in the preparation

FRAMEWORK
and presentation of his or her defense” and “to have the matter determined without delay by a
competent, independent and impartial authority or judicial body in a fair hearing according to
the law, in the presence of legal or other appropriate assistance and, unless it is considered not
to be in the best interest of the child, in particular, taking into account his or her age or
situation, his or her parents or legal guardians”
§ CEDAW - contains elements of access which if broadly interpreted will mean state obligation
to ensure women are accorded all assistance to access justice. These include legal aid services
for the category of women who are unable to afford these services from attorneys for their own
 Regional Level

§ African Charter of Human and People Rights –ACHPR-Contain fair trial clause
article 7 (1) (c) imposes responsibility on the states to ensure people who are charged
with criminal offences are accorded fair hearing which will include counsel to enable
and individual to defend his or her case. It goes further to imply that, where
individual is unable to afford counsel to defend his case due to his limited financial
means it is then the responsibility of the sate member to ensure such individual is
provided with such assistance.
§ African Charter on the Rights and Welfare of the Child –ACRWC-Article 17 (1)
of the charter provides that, “every child accused or found guilty of having infringed

LEGAL penal law shall have the right to special treatment in a manner consistent with the
child's sense of dignity and worth and which reinforces the child's respect for human

FRAMEWORK rights and fundamental freedoms of others”.

§ Protocol to the African Chapter on Human and People’s Rights on the Rights of
Women in Africa- Article 8 (a) and (b) requires states to take steps in ensuring
women with effective access to judicial as well as legal services. It does encourage
international, regional and local institutions to take up steps to ensure women are
accorded with access to legal services including legal aid services.
 § Constitution of URT 1977 - Article 13 (5) (6) (a) and 15 (2)
§ Prohibition of discrimination
§ Fair hearing , Fair trial , rule of law , equality
§ Life situation

LEGAL AID IN § Legal Aid ( Criminal Proceedings ) Act

TANZANIA PRIOR § Section 3 …..

Where in any proceeding it appears to the certifying authority Provision for
2017 that it is desirable, in the interests of justice, that an accused should have .'
legal aid in the preparation and conduct of his defence or appeal, as the case
may be, and that his means are insufficient to enable him to obtain such aid, the
certifying authority may certify that the accused ought to have such legal aid
and upon such certificate being issued the Registrar shall, where it is
practicable so to do, assign to the accused an advocate for the purpose of the
preparation and conduct of his defence or appeal, as the case may be.
Criminal Procedure Act

S. 310 – Right of an accused person to be defended

Any person, accused before any criminal court, other than a primary
court, may of right be defended by an advocate of the High Court subject
to the provisions of any written law relating to the provision of
professional services by advocate.
 § The Legal Aid Act of 2017 RE 2019
§ Legal Aid Regulation GN 44 of 2018
§ Legal Aid (Renumeration of Advocates GN 109 of 2019
AFTER 2017 § Judicature and Application of Laws (Practice and
Procedure in Cases Involving Vulnerable Groups) Rules
GN 110 of 2019
 An Act mandated

§ To regulate and coordinate the provision of legal aid

The Legal Aid services to indigent persons,

Act CAP 21 § To recognize paralegals

§ To repeal the Legal Aid (Criminal Proceedings ) Act
RE 2019 § To provide other related Matters
 § PART I – Preliminary Provisions :Title, Commencement
and Interpretation

§ PART II- Administration and Coordination of Legal Aid

Providers ( Establishment of the Board – The national
Legal Aid Advisory Board, Registrar of Legal Aid and
Appointment of Assistant Registrars

Key features § PART III – Registration of Legal Aid Providers

§ register of legal aid providers – names of institutions
providing legal aid, the service provided and other
particulars,

§ Qualifications for registration as a legal aid provider

§ Application process ( commencement , determinations,
refusal of registration and Appeals etc)
 § PART IV – Provision on Paralegals : Qualifications of
paralegals , legal aid services provided by paralegals

§ PART V – Provision of Legal Aid : application for legal Aid ,

who may apply for legal aid , general principles of legal aid ,
legal aid in civil proceedings , legal aid by court order, costs
against aided person , legal aid for children and legal aid for
person in custody

§ PART VI – Financial Provisions : Funding mechanism for the

Key Features Board

§ PART VII – Miscellaneous Provisions – Registrar my require

proof of existence(especially when the legal aid provider cease
to exist ), obligation relating to professional conduct , offences ,
powers of Minister to make regulations.
Legal Aid Regulation
GN 44 of 2018
 § PART I – Preliminary Provision : Tittle , citation and
interpretation

§ PART II- Administration and Coordination of Legal Aid

Providers ( PS of the Ministry responsible for legal
affairs shall appoint Registrar , appointed of Registrars ,
Key features 3 years of Assistant Registrar

§ PART III- Registration of Legal Aid Providers and

Paralegals

§ PART IV – Legal Aid to Indigent Persons and Persons in

Lawful Custody
 § PART V – Record Management of Legal Aid Provision
§ PART VI- Monitoring and Evaluation of Legal Aid
Providers

§ PART VII- Management of Appeals and other

Key features Complainants

§ PART VIII – Miscellaneous Provisions – Legal Aid

Providers Forums, CLE and Legal Aid providers with the
certificate from the Chief Justice.
Legal Aid (Renumeration of
Advocates
GN 109 of 2019
 § PART I – Preliminary Provisions
§ PART II- Provision of Legal Aid ( order certifying legal
Key Features aid , list of Advocates and legal aid providers and
renumerations of Advocate , Expenditure enquired by
the Advocate
 Legal provisions

R3.-(1) Pursuant to the provisions of section 33 of the Act, the

presiding judge or magistrate, after inquiry and upon being satisfied
that the accused person is in need of legal aid, shall give an order to
that effect.
(2) Upon receipt of the order, the Registrar or magistrate in charge
shall assign to the accused person a legal aid provider in the LA Form
No.1 set out in the First Schedule to these Rules.

R 7.-(1) An advocate who incurs special expenditure referred to

in section 34 of the Act shall submit his claim to the Chief Court
Administrator through LA Form No. 3 set out in the First
Schedule to these Rules.
(2) The Chief Court Administrator shall, within fourteen days
from the date of receiving the claim, determine whether the
advocate is entitled to the sum claimed.
Judicature and Application of Laws
(Practice and Procedure in Cases
Involving Vulnerable Groups) Rules
GN 110 of 2019
 § PART I – Preliminary Provisions
§ PART II- Practice and Procedure in Cases involving
Vulnerable Groups

( Time limit., Hearing and determination of cases, Power of court

Key Features to call sign language interpreter., Where premises are not friendly
to accommodate vulnerable groups, Designated person to handle
cases involving vulnerable groups , Judgment, order, decree to be
delivered in braille format in timely , Legal aid in proceedings
involving vulnerable groups)
 Legal provisions
R.2 These Rules shall apply to all proceedings in all courts
within Mainland Tanzania with a view to accelerating the
determination of cases involving vulnerable groups.

R.4 Any case involving persons from a vulnerable group shall

be finalized within six months from the date of commencement
of the hearing.
Provided that, the court may, in exceptional circumstances,
extend the time for not more than three months.

R.1O Where in any civil or criminal matter, it appears to the

presiding judge or magistrate that in the interest of justice, a
person with vulnerability should have legal aid, that judge or
magistrate shall cause such person to obtain legal aid in
accordance with the Legal Aid Act.
Are there any Case(s) on
Legal Aid in Tanzania?
20 min group work
LEGAL AID PROVIDERS
LPAs
 § Legal aid providers play a critical role in ensuring that everyone
has access to justice, regardless of their financial means..

WHO ARE LPAs § Legal aid providers are organizations or individuals who offer
legal assistance to individuals who cannot afford it.
 They include among others
Ø Legal Aid Societies: These are non-profit organizations that offer free legal services to low-
income individuals and families. Legal aid societies are often funded by the government or private
donations.
Ø Pro Bono Attorneys: These are private attorneys who offer their legal services for free or at a
reduced fee to those who cannot afford to pay for legal representation.
Ø Public Defenders: These are attorneys who are appointed by the court to represent individuals
who cannot afford to hire their own attorney in criminal cases.
Ø Law School Clinics: These are programs run by law schools that offer legal assistance to low-
income individuals while giving law students hands-on experience in legal practice.
Ø Community Legal Clinics: These are non-profit organizations that offer legal assistance to low-
income individuals and families in their local community.
Ø Legal Aid Hotlines: These are toll-free phone numbers that provide free legal advice and referrals
to individuals who cannot afford to pay for legal representation.
Ø Non-profit Organizations: These are organizations that offer legal services to low-income
individuals and families as part of their mission to serve the community.
 § Giving legal Advice and Counselling
§ Providing Legal Assistance to individuals so that they can
represent themselves to Court or Tribunal.
§ Offering legal representation in Court
§ Assisting with preparation of legal documents
§ Assisting in filling applications and other documents in the
WHAT DO LPS Court or Tribunals

DO? § Follow up of legal issues with institutions or individuals

such as AG’s Chamber, companies and ministries
§ Perusing Court Remedies such as appeals, reviews and
revisions
§ Conducting strategic and public litigations
§ Any other services connected or incidental to services
mentioned above
 § Legal Aid Clinic (stationed or mobile )
§ Using ICT platforms such as app, ussd sms , hotline etc
§ Advocacy and campaigns

HOW DO THEY § Airing via TV and Radio Programs on topical legal

issues .
DO IT § Community theatre or drama
§ Customized legal trainings
§ Legal aid camps
 § National/Regional/District NGOs/ Co limited by
Guarantee/ Institutions

§ Accredited
§ Non- Accredited

Groups of LPAs § Paralegals

§ Organizations
§ Individuals
 § Legal Aid Secretariat LAS –Established by MoCLA and
Legal Aid Providers in May 2012

§ TANLAP – emanating from National LAPs NGOs in

HOW ARE LPAs Tanzania

COORDINATED § TAPANET – A network of paralegals on Tanzania

§ The Law School of Tanzania – approved training
IN TZ institution for paralegals in Tanzania

§ LSF – Funding basket for legal services in Tanzania

PRACTICAL CONSIDERATIONS
IN PROVISION OF LEGAL AID
Jojo's aspiration is to set up a legal aid office in Tanzania.
She seeks guidance on the appropriate legal setup,
necessary procedures and essential documents she must
prepare to realize her goal."
Individual Assignment
THANK YOU