1. The Role and Contributions of Ethiopian Civil Society Organizations in
the Provision of Legal Aid Services
1 Introduction
Legal aid implies the provision of services of ‘legal’ nature free of charge or at a discount to those
who cannot afford such services. The rationale for the provision of legal aid services could be
seen from various complementary and overlapping perspectives including enhancing the rule of
law, good governance, human rights, empowerment of the poor, and poverty alleviation.1 The
social policy and empowerment perspectives recognize legal aid as ‘a vital, legally mandated
social service’ essential in maintaining ‘a functioning justice system and promote equality and
justice in our society’2. From a human rights perspective, the critical importance of access to legal
services in the enforcement of rights across the board is obvious. While the international and
regional human rights instruments on civil and political rights do not specifically mention legal
aid as a right, the human rights basis for access to legal aid is drawn from the right to access to
justice, fair trial and equality before the law.
The human rights perspective on the relevance of legal aid had a dual basis: access to legal
services as a right; and, availability of legal services as a pre-requisite for the enforcement of
human rights. The first draws upon the recognition of access to justice, fair trial and equality
before the law in the human rights legal framework and underlines the provision of legal aid as a
core component in the substance of these rights. In addition, the relevance of legal aid within the
human rights framework is seen in the ‘justicibility’ of all human rights and access to remedies in
cases of violation. The recognition of a right would be meaningless without access to the means
of enforcing claims arising from the right.
This article seeks to highlight the implications of the Charities and Societies Proclamation (ChSP)
to civil society engagement in the provision of legal aid services in Ethiopia.
2 Pre-CSP Engagement
The engagement of civil society in the provision of legal aid services starts with
professionalization of legal education and practice giving the lawyer the status of mediator
between the formal legal system and the public. This set up led to the progressive recognition of
the social responsibilities of the legal profession to make its services accessible to the poor and
1
Stephen Golub, Forging the Future: Engaging Law Students and Young Lawyers in Public Service,
Human Rights, and Poverty Alleviation, An Open Society Justice Initiative Issues Paper, January
2004, p. 1
2
Alison Brewin and Kasari Govender, Rights-Based Legal Aid: Rebuilding BC’s Broken System,
Canadian Center for Policy Alternatives, November 2010, p. 4
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2. victims of violations who need it most. The free of charge services of legal professionals, referred
to as pro bono publico or pro bono for short, gained more prominence with the coming into
being of Bar Associations – professional associations of practicing lawyers/advocates. These
associations not only provided an institutional framework for legal aid but also gave it formal
status as an obligation by incorporating it within professional codes of conduct for practicing
lawyers.
However, the engagement of civil society in legal aid service provision started in earnest after
1991 with the relaxation of regulatory rules for civil society and in the context of an overall move
towards democratization. This period saw the emergence of a new breed of CSO often referred
to as ‘advocacy NGOs’ including formerly inward looking trade unions transformed into
professional associations. These organizations had public service as their organizing theme and
sought to serve the interests of the marginalized, the underprivileged and the downtrodden
(a.k.a. the poor). A few among these advocacy NGOs planned to do so by removing the barriers
preventing the poor from using the law and its institutions to seek remedies for violations and
better their lives. To this end, the organizations implemented innovative projects to improve
legal awareness (legal literacy), create community capacity (paralegals), and promote public
service and voluntarism in the legal profession (public interest lawyering). While the process
involved the contribution of a wide range of actors, early ‘advocacy NGOs’ such as Action
Professionals’ Association for the People (APAP) played a formative role as pioneers of legal aid
engagement by CSOs between 1991 and 1995. Latter, the provision of legal aid services by the
Ethiopian civil society sector was given formal legal recognition distinct from pro bono services
required of advocates through the introduction of advocacy license in the legal regime for the
regulation of advocates practicing before federal courts.
Until very recently, a long list of NGOs provided legal aid services to specific social groups, on
specific legal issues and/or to the poor in general through voluntary and/or paid staff as well as
through paralegals. The most visible programs with national scope included:
– Legal advice, counseling and representation provided by the Children’s Legal Protection
Center (CLPC) of the African Child Policy Forum (ACPF) to children in conflict with the
law and child victims of crime in Addis Ababa as well as similar services to the firs group
in eight regional towns;
– Legal advice, counseling and representation provided by the Ethiopian Women Lawyers
Association (EWLA) to victims of GBV/VAWC in criminal and civil cases in Addis Ababa,
Adama, Diredawa, Hawassa, Gambella, Assosa, and Bahirdar;
– Legal services provided by Action of Professionals Association for the People (APAP) in
Addis Ababa, Bahir Dar, Hawassa, Diredawa, Jimma, Harar, Adama, Assela, and
Debreberhan through legal and human rights resource centers (10 centers established in
collaboration with networks of Idirs operating in Harrar, Diredawa, Adama, Assela,
Hawassa, Jimma, Bahirdar, Debrebirhan and 2 in Addis Ababa), three joint projects with
regional legal professionals’ associations and two legal aid centers (inside the premise of
the Central Correctional Center in Addis Ababa and Harar Correctional Center in East
Hararghe Zone of the Oromia Regional State); and,
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3. – Counseling, medical and legal aid services made available by Association for Nation-wide
Action and Protection against Child Abuse and Neglect (ANPPCAN) for children
traumatized by abuse, exploitation and neglect in Addis Ababa, North Wollo and North
Gondar Zones of the Amhara Region, and North Shoa Zone of Oromia Region.
The number of people who accessed the legal system and protected their rights through the legal
aid services of these organizations is very substantial. For instance, nearly 70,000 clients
throughout Ethiopia received legal aid services between 1996 and end of 2007 from EWLA
alone. Similarly, APAP and its partners provided legal aid services to a total of 20,951 persons
between 2000 and 2007.
Organization Major Beneficiaries Number of Beneficiaries in
2007
APAP The Poor 7,226
ANPPCAN Child victims of abuse and neglect 663
ACPF/CLPC Children deprived of their liberty and child victims of 4,123
abuse
EWLA Women and girl victims of GBV 18,013
30,025
Sources: Annual Reports of Organizations for 2007 (Quoted in Ethiopian CSOs: Partners in
Development, 2010)
In November 2007, organizations that provide free legal aid services to disadvantaged social
groups launched a referral and coordination network. A directory of complementary service
providers and a Directory of Legal Aid Providers in Ethiopia were also developed and publicized
around the same time.
3 Issues under the ChSP Regime
The introduction of the ChSP and subsequent directives issued by the Charities and Societies
Agency (ChSA) to implement the Proclamation raise critical issues for the operation of legal aid
service provision programs in the Ethiopian civil society sector. The major ones relate to the
conception of legal aid, the designation of ‘legal service costs’ and associated expenses as
administrative vs. operational costs, and the status of referral networks.
The conception of legal aid as a service provision or rights promotion activity is the most critical
issue raised by the ChSP. Although legal aid literally involves the delivery of legal services
(comparable to medical services), it is also seen as a rights promotion activity falling within the
purview of activities listed under Article 14(j-n) of the Proclamation. Since only Ethiopian charities
or societies may engage in these activities, legal aid service providers are by law required to be
‘Ethiopian’. By implication, legal aid service providers are prohibited from using foreign funding
for more than a tenth of their expenses.
Another more practical issue affecting legal aid service providers is the placement of ‘legal service
costs’ as administrative vs. operational costs. Unlike most comparable services, legal service
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4. provision does not involve the construction of facilities or pecuniary transfers to the final
beneficiaries. Instead, the professional legal expertise of lawyers is made available to those in
need either through directly through the engagement of qualified professionals or indirectly
through the training of paralegals and legal literacy training. Direct service provision, which is
often necessitated by the nature of the need as well as the limited number of qualified providers,
usually involves the payment of fees in light of the limited culture of voluntarism as well as lack
of adequate provisions for mandatory pro bono services. Similarly, the training of paralegals or
conducting a legal literacy program entails even more financial commitments for training and
deployment of ‘intermediate beneficiaries’. The designation of these expenses for the purposes of
the 70/30 directives is thus an essential determinant factor for the very practicability of legal aid
service provision.
Finally, the recognition and place of networking and referral arrangements under ChSP and the
consortium directives impacts on legal aid service providers in a distinct manner. Legal aid could
be described as a continuum of interrelated and interdependent services at two levels. First, ‘legal
assistance’ involves a range of professional services including counseling, preparation of
documents, and representation each customized to the specific circumstances of the ‘client’ as
well as the nature of the issue involved. These services are not likely to be available within one
institution due to the requirements of specialization as well as the limitations arising from the
availability of expertise. It would thus be necessary to create a referral network among legal aid
providers. Secondly, legal services are but one of the multi-sectoral services required by the client.
For instance, a victim of crime may need psycho-social support or medical attention. This calls for
another layer of referral networks between legal aid providers and service providers across other
sectors.
4 Post-ChSP Engagement/Current Status
The provision of legal aid services by charities and societies has been affected by the coming into
effect of the Charities and Societies Proclamation (Proclamation 621/2009) in terms of access to
foreign funding and engagement in the provision of some legal services. Very few charities and
societies have any legal aid programs to speak of. All of the remaining providers have a single
source of funding, the Ethiopian Human Rights Commission (EHRC). In some cases, alternative
funding has been provided by the EHRC to address the funding gap. Currently, the Commission
is providing financial support to free legal aid centers established by civil society organizations as
well as professional legal education institutions to provide free legal services to vulnerable
groups.
5 Conclusions/Way Forward
Unless these issues are resolved favorably, the likely overall impact is one of shrinking coverage
of legal aid programs and disengagement of CSOs from legal aid service provision. This has
already been seen in the apparent shift among key legal aid service providers away from their
prior areas of focus, the sudden disappearance of interest in public interest litigation, and the
diminishing scope and coverage of persisting programs. While some of these observations may be
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5. attributed to the short-term effects of lack of access to foreign funding, the fundamental
withdrawal trend among CSOs is unmistakable.
The following are options that may be considered singularly or in conjunction to enhance the
engagement of CSOs in legal aid service provision within the current legal and regulatory
framework:
1. The conception of legal aid as a service provision activity, rather than a rights promotion
one, should be considered by the ChSA at least in clearly identified service oriented
situations (e.g. where legal assistance is provided directly to beneficiaries);
2. The ChSA should adopt a contextualized categorization of costs for legal aid service
providers taking into account the nature of legal services;
3. The domestication of funds provided by international or foreign donor agencies such as
UNICEF, the European Commission and USAID under agreements with the GoE may be
considered using the EC’s Civil Society Fund experience as a basis;
4. Utilizing government institutions such as the EHRC, Ombudsman, MoJ, MoWYCA,
MoLSA and regional/municipal counterparts as channels for foreign funding for legal aid
though programs they coordinate (see example of the EHRC); and,
5. The status of referral networks among legal aid providers as well as with providers of
other relevant services such as social support and medical assistance should be clarified by
the ChSA.
Sources
The following are some of the key references used in preparing this article.
1. ACHPR, Principles and Guidelines on the Right to Fair Trial And Legal Assistance In Africa,
2001
2. African [Banjul] Charter on Human and Peoples' Rights, adopted June 27, 1981, OAU
Doc. CAB/LEG/67/3 rev. 5, 21 I.L.M. 58 (1982), entered into force Oct. 21, 1986
3. Alison Brewin and Kasari Govender, Rights-Based Legal Aid: Rebuilding BC’s Broken
System, Canadian Center for Policy Alternatives, November 2010
4. Commission on Legal Empowerment of the Poor, Making the Law Work for Everyone,
Report of the Commission on Legal Empowerment of the Poor, Volume I, 2008
5. Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or
Punishment, February 4, 1985
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6. 6. Convention on the Elimination of All Forms of Discrimination against Women, adopted
by the UN General Assembly on 18 December 1979 (resolution 34/180) and entered into
force on 3 September 1981
7. Convention on the Rights of the Child, adopted 20 Nov. 1989, GA Res. 44/25, 44 UN
GAOR Supp. (No. 49) at 165, UN Document A/44/736 (1989)
8. Dakar Declaration and Recommendations (1999)
9. David McQuoid - Mason, The Supply Side: The role of private lawyers and salaried
lawyers in the provision of legal aid – some lessons from South Africa, Paper presented to
the Lilongwe Conference on Legal Aid, November 2004
10. Don Fleming, Legal aid and human rights, Paper presented to the International Legal Aid
Group Conference, Antwerp, 6-8 June 2007
11. FDRE Constitution
12. Human Rights Committee, General Comment 12: Administration of Justice
13. Human Rights Committee, General comment No. 18: Non-discrimination, Thirty-seventh
session, 1989
14. Human Rights Committee, General comment No. 21: Article 10, Humane treatment of
persons deprived of their liberty, Forty-fourth session, 1992
15. Human Rights Committee, General Comment No. 8: Right to liberty and security of
persons (Article 9), Sixteenth session, Office of the United Nations High Commissioner for
Human Rights, Geneva, Switzerland, 1982
16. International Covenant on Civil and Political Rights, 1966
17. Lilongwe Declaration on Accessing Legal Aid in the Criminal Justice System in Africa
(2004)
18. Ministry of Justice, Criminal Justice Administration Policy, Adopted by the FDRE Council
of Ministers, March 2011
19. Open Society Justice Initiative, Community-based Paralegals: A Practitioner’s Guide, 2010
20. Penal Reform in Africa: Index of Good Practices in Providing Legal Aid Services in the
Criminal Justice System, Version 2, February 2006
21. Proclamation No 25/1996, Federal Courts Proclamation
22. Proclamation No. 210/2000, Establishment of the Ethiopian Human Rights Commission
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7. 23. Proclamation No. 621/2009, Charities and Societies Proclamation
24. Proclamation No. 691/2010, Definition of Powers and Duties of the Executive Organs of
the Federal Democratic Republic of Ethiopia Proclamation
25. Proclamation No.199/2000, Federal Court's Advocates Licensing and Registration
Proclamation
26. Richard J. Wilson, The Right to Legal Assistance in Civil and Criminal Cases in
International Human Rights Law, Prepared for the National Legal Aid and Defender
Association, February 5, 2002
27. Stephen Golub, Forging the Future: Engaging Law Students and Young Lawyers in Public
Service, Human Rights, and Poverty Alleviation, An Open Society Justice Initiative Issues
Paper, January 2004
28. Stephen Golub, Forging the Future: Engaging Law Students and Young Lawyers in Public
Service, Human Rights, and Poverty Alleviation, An Open Society Justice Initiative Issues
Paper, January 2004
29. United Nations Declaration on the right and responsibility of individuals, groups and
organs of society to promote and protect universally recognized human rights and
fundamental freedoms on December 9, 1998
30. UNODC, Hand Book on Improving Access to Legal Aid in Africa, 2011
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