In 2014, Rwanda introduced a legal aid policy that outlined strategies to enhance access to justice, particularly for vulnerable people. Among its key proposals was the establishment of a legal aid fund designed to hold all funds allocated by the government, donations from external partners, and contributions from beneficiaries, to support legal aid services.
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The fund was intended to finance salaried lawyers, provide interpreters and translators, and expand community legal aid services, among others. However, more than a decade later, this initiative is still unrealized.
Over the past years, legal practitioners consistently raised concerns about financial limitations hampering the expansion of legal aid. In a previous interview with The New Times, Moise Nkundabarashi, the president of Rwanda Bar Association (RBA), acknowledged that the number of pro bono cases handled remains low, with financial constraints being among the main barriers.
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So, why was the Legal Aid Fund not established?
Speaking to The New Times, Frank Mugabo, a Community Justice Analyst and Senior State Attorney, explained that while the fund was proposed in the 2014 policy, Parliament found "insufficient grounds" to establish a corresponding legal framework.
"The 2014 policy is currently under review by a consultant. We are awaiting the new policy recommendations that will emerge from this process," he said.
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Current government efforts to provide legal aid in the absence of a dedicated fund, he said, are such that the Ministry of Justice ensures access to legal aid by allocating resources to assist vulnerable groups, including the poor, children in conflict with the law, gender-based violence survivors, persons with disabilities, and international transferees suspected of committing crimes.
"The Ministry of Justice collaborates with organizations such as the RBA, the PBA [Professional Bailiffs Association], and other institutions to mobilize resources for pro bono services, ensuring that beneficiaries are not left behind," Mugabo noted.
Asked about challenges that hindered the creation of the fund, Mugabo said the ongoing policy review will provide insights into obstacles and propose a way forward.
Regarding alternative funding options, he said the Ministry of Justice allocates funds to RBA for legal assistance and to PBA for enforcing court orders, particularly for vulnerable people.
