by Allan Parker

LawLINE Program Manager Allan Parker recently joined three other Canadian lawyers and CBA East Africa Project Director Jennifer Khor at a conference on legal aid and access to justice in Zanzibar, Tanzania. Held on May 17 to 19, the conference was part of an access to justice initiative sponsored by CBA’s International Development Program with funding provided by the Canadian International Development Agency. Also attending were Catherine Christopher from Calgary Legal Guidance, Brian Holtby of the Canada Department of Justice, and Mary Marrone of Ontario Legal Aid.

The setting was a resort and conference facility just south of the historic city of Stonetown, on Zanzibar Island. The Zanzibar groups of islands (two main islands and several smaller ones) were federated with Mainland Tanzania in 1964; the islands are sometimes known as the spice islands, and reflect a fascinating mix of African, Middle Eastern, and South Asian cultures.

Over sixty local participants were drawn from Tanzania (Mainland and Zanzibar), Uganda, Kenya, Ethiopia, Rwanda, and a regional bar association, the East Africa Law Society. Participants included members of the local bars, law societies, university law clinics, legal assistance providers, and NGO advocacy groups. The conference consisted of several panel presentations, small group discussions, and group reports. Topics included legal aid delivery models, public legal education, using technology to access justice, the role of paralegals, and advocating for legal aid. Prior to the conference, the Canadian role included developing the agenda, writing a number of panel papers, and researching resource materials. At the conference, duties included chairing some panels, presenting, and facilitating small group discussions. The conference concluded with the development and presentation action plans for promoting legal aid on a country-by-country basis.

Several of the papers and presentations from East African attendees reflected the harsh realities for access to justice in many of their countries. Essentially, there is little or no public funding available for legal aid; most members of local bars are concentrated in large cities leaving legal help inaccessible for large portions of the rural population; and NGO services are under-resourced. The sense is that much of the population in all the countries represented at the conference have minimal or no knowledge of their basic legal rights. There are systemic challenges in the slow pace of many court systems; local bars are seen as being resistant to required or even voluntary pro bono obligations; and there is a pervasive undercurrent of concern about political and justice system corruption. Yet, attendees also reflected a spirit of hope around justice issues. The conference itself provided an opportunity for networking and a sharing of ideas, and the CBA hopes to be involved in follow up activities to encourage implementation of the action plans.

This article was published in the August 2006 issue of BarTalk. © 2006 The Canadian Bar Association. All rights reserved.