CHAPTER TWO

Conceptual Framework

2.1 Background

2.1.1 Meaning and concept of Legal Aid

Legal aid service is grounded on the pillar that inability to pay for legal service should not inhibit
access to justice and equality before the law. It is highly related with the rule of law, fair trial,
right to defend oneself, equality before the law and, in general, right of access to justice. The
provision of legal aid can help individuals assert their rights and entitlements, understand and
be empowered to use the law, and be represented in courts and tribunals.

Thus, the narrowest definition of legal aid refer to the provision of legal representation by a
professional lawyer of free or by a low cost for those who are not able to afford a lawyer which
aims to ensure an access to justice.

Therefore, legal aid is to be made available to the poor and needy by providing a system of
government funding for those who cannot afford the cost of litigation.

While there are many reasons for the occurrence of legal aid until WWI no states funded legal
advice and other outside litigation services except in Germany where local governments funded
legal advice and counseling services. But then after WWII, legal aid has begun to be considered
as a solution for the problem “justice for the poor” which was the first movement towards equal
access to justice by which within the continuing decades several countries started legal aid.

EMERGENCE OF LEGAL AUID IN ETHIIOPAIA UIS NOT WRITTEN

conceptual and legal frameworks on legal aid and access to justice.

With the normal definition of legal aid which is normally used to describe legal assistance and
representation provided by the state for free or need based payment.

14Access to justice must be ensured in part by providing legal aid, especially to those who cannot afford
legal counsel. The following are some essential details about the legal and intellectual foundations
pertaining to legal aid:

The conceptual frameworks include;

The right to legal aid is formally recognised in different legal systems and under international
human rights instruments. We can infer from this that there exists different actors for the sake of
ensuring access to justice.

Access to Justice: Ensuring that individuals have the ability to seek and obtain a remedy through formal
or informal institutions of justice for grievances in compliance with human rights standards.

Legal Capability: The ability of individuals to understand and use legal information and services to
resolve their legal issues.

Legal Aid Actors: These include lawyers, paralegals, and other legal professionals who provide legal
assistance.

Legal Framework

United Nations Principles and Guidelines on Access to Legal Aid in Criminal Justice Systems: This
document emphasizes that legal aid is an essential element of a fair, humane, and efficient criminal
justice system based on the rule of law. It outlines the principles of accessibility, quality, and
accountability in the provision of legal aid1.

International Covenant on Civil and Political Rights (ICCPR): Article 14(3)(d) of the ICCPR guarantees the
right to legal assistance for individuals charged with a criminal offense2.

CHAPTER THREE

THE LEGAL PRACTICAL AND INSTITUTIONAL FRAMEWORKS REGARDING LEGAL AID AND JUSTICE

INTRODUCTION

As we have discussed under chapter two, free legal service I provided in Ethiopia by different
individuals such as legal advocates, law teachers and law students etc. Though it has broad role
in enhancing access to justice, the current practice of legal aid in Ethiopia is not adequately
supported by legal and institutional frameworks.

Major legislative and practical frameworks regarding legal aid in Ethiopia are the
constitution,other national and international instruments national legal aid strategy which was
adopted in 2023, mandatory pro bono services, legal aid clinics, nen governmental and civil
service organizations.

3.1. LEGAL FRAMEWORKS

3.1.1. INTERNATIONAL LEGAL FRAMEWORKS

3.1.1.1. UNITED NATIONS PRINCIPLES AND GUIDELINES ON ACCESS TO LEGAL AID IN CRIMINAL
JUSTICE SYSTEMS:

Adopted by the UN General Assembly in 2012, these guidelines mandate that member states
establish accessible, effective, sustainable, and credible legal aid systems. They emphasize
specialized services for vulnerable groups, including children and women1

3.1.1.2. CONCEPTUAL FRAMEWORK FOR LEGAL AID IN HUMANITARIAN SETTINGS

Developed by the Global Protection Cluster Task Team on Law and Policy, this framework
consolidates standard terminology and provides guidance for legal aid in humanitarian
contexts. It covers definitions, service provision, and interventions to strengthen the legal aid
environment

3.1.1.3. THE RIGHT TO LEGAL AID: A GUIDE TO INTERNATIONAL LAW RIGHTS TO LEGAL AID

This guide includes observations, jurisprudence, comments, and recommendations from UN

treaty bodies and Special Procedures of the UN Human Rights Council. It outlines the
international legal framework for providing legal aid services.2

3.1.2. NATIONAL FRAMEWORKS

3.1.2.1. FDRE CONSTITUTION

The Federal Democratic Republic of Ethiopia (FDRE) Constitution guarantees the right to access
justice for all citizens. Article 37(1) explicitly states that everyone has the right to bring a
justiciable matter to court and obtain a decision or judgment.3 This provision ensures that
individuals have the right to seek legal redress and receive a fair trial.

Additionally, the Constitution obligates the government to ensure access to justice for
vulnerable groups and those unable to afford legal services. This commitment is part of
Ethiopia’s broader efforts to uphold human rights and provide equitable legal support to all its
citizens.

3.1.2.2. NATIONAL LEGAL AID STRATEGY

1
United Nations, Office on Drugs and Crimes, Access to Legal Aid, (https://www.unodc.org/unodc/en/justice-and-prison-
reform/legal-aid.html)

2
Lawyers Eights Watch Canada, (Sep 15, 2014),The Right to Legal Aid: A Guide to International Law Rights to Legal Aid,
(https://www.lrwc.org/the-right-to-legal-aid-a-guide-to-international-law-rights-to-legal-aid/)

3
The 1995 FDRE constitution, article 37(1)
The National Legal Aid Strategy has been enacted as per the Council of Ministers’ direction for
its approval and implementation. The Strategy was presented for approval and direction by the
Council of Ministers and the latter gave a direction for its approval and implementation.

Accordingly, it is decided that the strategy is in force from October 24, 2023, the Ministry of
Justice says. The strategy offers a framework of coordination and collaboration among different
institutions engaged in the provision of legal aid. State minister Alemante said it will ensure
access to justice for those unable to do so due to socio-economic, cultural, and other reasons. 4

The strategy will also help our country in complying with international and regional human
rights obligations, State Minister Alemante said, calling for those stakeholders and actors
responsible for implementing the Strategy to do so as per its terms and in the spirit of
collaboration and cooperation.5

3.1.2.3. MANDATORY PRO BONO SERVICE

As defined under article 2(11) of Federal Advocacy Service Licensing and Administration
Proclamation

No.1249/2021," Pro Bono Advocacy Service means an advocacy service provided by an

advocate or law firm at minimal or no charge to persons listed under Article 31 Sub-Article (1)
of this Proclamation as in need of such services and to persons who provided by other relevant
laws"

Article 31 provides ;

:Every advocate who practices privately or works in a law firm either as a partner
or as an employee has the obligation to provide pro bono advocacy service, for not
more than three cases in a year, based on the simplicity or the complexity of each
case. And the service is provided to the following persons6

a)to those persons who cannot afford to pay for the advocacy service

b)to charity organizations, civic societies and mass institutions

c)to those persons whom courts request the provision of pro bono advocacy service

Therefore, Advocates licensed to practice law in the federal courts are required by law to
render a upto three cases in a year free of charge (pro bono publico). The beneficiaries of
4
Ethiopian monitor, Daily news from Ethiopia, Justice Ministry Adopts National Legal Aid Strategy, ((Nov 6, 2023)

5
Id, supra note 2

6
Federal Advocacy Service Licensing and Administration Proclamation No.1249/2021,article 31
 such services are: persons who can not afford to pay; charity organizations, civic
organizations, community institutions; persons for whom a court requests legal services; and,
committees and institutions that work for improving the law, the legal profession and the
legal system.7

LEGAL GAPS

Though there are some good initiations in the legal arena to promote culture of free legal aid
there are some shortcomings and bottlenecks

 Insufficient legal backup: though good startings, there is also need for more legal
backup.
 Insufficient Implementation: Although the right to access justice is guaranteed by
Ethiopian laws, many mechanisms designed to ensure this access, especially for the
indigent and vulnerable, lack sufficient legal recognition and are poorly implemented
 Limited Resources and Funding: Even enacted laws lack enough funding to widen its
scope and to address lage part of the needy community. Already establoshed Legal aid
services centers often suffer from inadequate funding and resources, which hampers
their ability to provide comprehensive support to those in need.8

3.2. LEGAL FRAMEWORKS REGARDING JUSTICE

3.2.1. RIGHT TO ACCESS TO JUSTICE UNDER INTERNATIONAL INSTRUMENTS

As previously discussed, access to justice is not merely a standalone right; it serves as an

"enabling and empowering right" that equips individuals with the means to assert their rights and
seek appropriate remedies for any violations they may encounter. This concept underscores the
importance of having accessible legal avenues through which individuals can enforce their
entitlements and obtain justice.

However, it is noteworthy that the phrase "access to justice" itself is not explicitly defined or
utilized as a legal term within human rights instruments. Instead, these documents employ a
variety of related terms to convey similar concepts. For instance, Article 8 of the Universal
Declaration of Human Rights (UDHR)
7
Getinet Metiku, Access to Justice and Legal Aid in Ethiopia, (https://www.abyssinialaw.com/blog/access to justice-and legal aid
in ethiopia)

8
Ibid
 articulates that "everyone has the right to an effective remedy by the competent national
tribunals for acts violating the fundamental rights." This statement emphasizes the necessity of
having a reliable mechanism for redress.

Furthermore, the International Covenant on Civil and Political Rights (ICCPR) incorporates
several provisions that refer to the idea of an "effective remedy" for breaches of the rights
outlined in the Covenant. Specifically, Article 2(3a) mandates that states ensure such remedies
are available. Additionally, Article 9(4) guarantees individuals the right to "take proceedings
before a court," while Article 14(1) ensures the right to a "fair and public hearing." Moreover,
Article 14(3)(c) stipulates the right to be tried without undue delay, further reinforcing the notion
that timely access to judicial processes is essential for justice.

These various provisions collectively highlight the integral role that access to justice plays in
safeguarding individual rights and ensuring that all individuals have the opportunity to seek
redress through established legal frameworks. By recognizing access to justice as an empowering
right, we acknowledge its critical function in promoting accountability and protecting
fundamental freedoms.

3.2.2. RIGHT TO ACCESS TO JUSTICE UNDER NATIONAL INSTRUMENTS

In addition to the human rights instruments, the right of access to justice is also expressly
recognized in the Federal Democratic Republic of Ethiopia (FDRE) Constitution. In Ethiopia, the
right to access to justice is primarily enshrined in the Federal Democratic Republic of Ethiopia
(FDRE) Constitution, which serves as the supreme law of the land. The Constitution explicitly
guarantees this right through several key provisions:

The Constitution, with a view to making the FRs and FFs enumerated therein more meaningful
and effective, guarantees ‘every person' the 'fundamental right to access to justice.

It states "Right of Access to Justice" as, "Everyone has the right to bring a justiciable matter to,
and to obtain a decision or judgment by, a court of law or any other competent body with
judicial power." This provision underscores the fundamental right of individuals to seek legal
recourse and ensures that they can present their cases before judicial authorities.

Article 19 of the same constitution also guarantees the right to a fair trial, which is a critical component
of access to justice. It ensures that individuals are entitled to a fair hearing by an impartial tribunal,
thereby reinforcing the integrity of the judicial process.

3.3. ARBA MINCH UNIVERSITY FREE LEGAL AID CENTER

INTRODUCTION
Arba Minch University (AMU) in Ethiopia stands out as a center of academic excellence and a
pillar of community service, particularly through its Legal Aid Center. This center plays a crucial
role in the university’s dedication to social responsibility and justice.

The Arba Minch University Free Legal Aid Center was established in September 2013.This
initiative was part of the university’s broader community service efforts, aiming to provide free
legal assistance to those in need, including women, children, and other vulnerable groups. 9

Established with the noble aim of providing free legal assistance to disadvantaged groups, the
center has become a crucial resource for many in the region. Its services are particularly
targeted towards women, children, the elderly, and individuals living with HIV/AIDS, who often
face significant barriers in accessing legal support.10 The services centers were established at
fourteen areas in Gamo Zone. Those are; Arba Munch town First Instance court, Arba Minch
Zuria Wereda court, Arba Minch Prison institution, Sawla, Mirab Abaya, Konso Karat, Konso
Kolme, Ale Olango, Daramalo, Chencha, Kamba, Boreda, Gardula, Gidole.

One of the most remarkable aspects of the Legal Aid Center is its operational model. The center
is managed by law students and lecturers, all working under the careful supervision of
experienced faculty members. This structure not only ensures that the legal advice and
representation provided are of high quality but also offers invaluable practical experience to
the students involved. By engaging in real-world legal issues, these students gain a deeper
understanding of the law and its application, preparing them for their future careers while
simultaneously serving the community.

The range of legal matters addressed by the center is broad, encompassing family law,
inheritance, and civil procedures. Family law cases often involve sensitive issues such as
divorce, child custody, and domestic violence. The center’s involvement in these cases is crucial,
as it provides a lifeline to individuals who might otherwise be unable to afford legal
representation. By offering support in inheritance cases, the center helps to ensure that the
rights of heirs are protected and that the distribution of estates is conducted fairly and legally.
In the realm of civil procedures, the center assists with a variety of disputes, from property
issues to contractual disagreements, ensuring that justice is accessible to all, regardless of their
financial situation.

The impact of the Legal Aid Center extends beyond individual cases. By providing legal
education and raising awareness about legal rights and procedures, the center plays a
significant role in empowering the community. Its outreach programs, including workshops and

9
Arba Minch university, AMU sets up free legal aid cells; begins awareness drive via Radio FM,
(https://www.amu.edu.et/en/amu sets up free legal aid cells begins awareness drive via radio fm

10
Id
seminars, educate the public about their rights and the legal avenues available to them. This
educational aspect is particularly important in a region where legal literacy may be low, and
many individuals are unaware of their rights or how to assert them.

Moreover, the center’s work has a ripple effect, contributing to broader societal change. By
addressing issues such as domestic violence and discrimination, the center helps to challenge
and change harmful social norms and practices. Its support for individuals living with HIV/AIDS,
for example, not only provides them with necessary legal assistance but also helps to combat
the stigma and discrimination they often face. In this way, the center’s work contributes to the
promotion of a more just and equitable society.

The collaboration between the Legal Aid Center and local courts further enhances its
effectiveness. By working closely with institutions such as the Gamo Gofa Higher Court and the
Arba Minch City First Instance Court, the center ensures that its services are well-integrated
into the local legal system. This collaboration facilitates the smooth handling of cases and
ensures that the center’s clients receive timely and effective legal support. 11

3.3.1. SERVICES PROVIDED BY ARBA MINCH UNIVERSITY LEGAL AID CENTERS

As per the purpose of its establishment, The Arba Minch University Legal Aid Center offers a
variety of services aimed at supporting vulnerable and economically weak groups in the
community to afford their own legal representation. Major services they provide include free
legal representation, legal advice and counseling, legal awareness programs, mediation service,
support for victims of violence.

The Arba Minch University Free Legal Aid Center has significantly impacted the community by
providing legal aid and awareness services. According to UNHCR factsheet data in collaboration
with other universities and organizations, they have supported thousands of individuals. For
instance, between October and December 2022, the center, along with other legal aid centers
assessed by UNHCR, assisted 12,483 individuals. From those numbers 60.2 percent were
provided by Arba minch university free legal aid centers.12

3.3.2. ROLE OF LEGAL AIDS IN PROMOTING ACCESS TO JUSTICE

3.3.3. SHORTCOMINGS IN THE SERVICE PROVIDED BY ARBA MINCH UNIVERSITY

 Resource Limitations: The centers often struggle with limited financial and material
resources, which can affect the quality and reach of their service.13
11
Id, supra note 1.

12
UNHCR factsheet,(October 2023), Towards Durable Solutions: Legal aid & legal awareness

13
Id, supra note 9
  Awareness and Outreach: There is a significant gap in public awareness about the
availability of legal aid services. Many potential beneficiaries, especially in rural areas,
are unaware of these services.14
 Geographical Barriers: The distribution of legal aid services is uneven, with rural and
remote areas being less served compared to urban centers.15
 Capacity and Training: The centers rely heavily on law students and faculty members,
which can sometimes lead to inconsistencies in service quality due to varying levels of
experience and training.16
 Coordination and Networking: There is a need for better coordination and networking
among different legal aid providers to ensure a more integrated and efficient service
delivery.17

14
Id, supra note 9

15
Id

16
Id

17
Id