“Some prisoners do not know how to read, write or speak English. They mostly do not know how the legal system operates or how to challenge their lawyer's performance, if they have one.”
But Tom*, a convicted prisoner awaiting sentencing in Windhoek, Namibia, was lucky. He received legal aid services that empowered him to understand what was happening and participate in his case.
Access to legal aid protects those who lack the means to defend their rights in the criminal justice system: the detained, arrested or imprisoned; those suspected, accused or charged with a criminal offence; and victims and witnesses.
“Before legal aid, I found myself in a challenging situation, with lots of counts against me, and didn’t know what to do,” Tom shares. “But with the support I received, I was able to understand what was happening to me, and to communicate, feel comfortable and build confidence with my lawyer.”
He’s no longer passive as his case unfolds. “I take notes, I learn a lot and try and see what the lawyers see and bring my own view and ideas forward.”
By building reliable legal aid frameworks, countries can reduce inequalities, support fair trial guarantees and promote public trust in the justice system.
“Legal aid is an important safeguard from the moment individuals come into contact with the criminal justice system and throughout the entire process, including the verdict and sentencing,” says Tina Lorizzo, Director of REFORMAR, a civil society organization working on criminal justice and human rights issues in Mozambique.
Tina participated alongside more than 50 legal aid experts from across the region of the Southern African Development Community (SADC) in the first-ever UNODC Regional Workshop on Enhancing Equal Access to Legal Aid in Criminal Justice Systems, an event held in Windhoek in September 2024 and co-hosted by the Ministry of Justice of Namibia.
In the Southern African region, legal aid plays a key role in guaranteeing access to justice by providing vulnerable and marginalized groups with legal services, including the necessary tools and resources to navigate the complexities of legal systems.
As established in the UN Principles and Guidelines on Access to Legal Aid in Criminal Justice Systems, certain groups are entitled to additional protection based on their specific rights and needs, including because they become more vulnerable when involved with the criminal justice system. The instrument includes guidance to States on how to ensure humane, effective, efficient and accessible – as well as sustainable – systems.
Legal aid services are vital for creating a fair justice system that upholds the rule of law, promotes human rights and prevents discrimination based on factors such as gender, age, geographic location, disability or status as migrants or refugees. This ensures that justice is not reserved for a privileged few but is available to everyone, regardless of their social or economic standing.
“The challenges that women, children and vulnerable groups – such as indigent people or persons with disabilities – face in accessing justice are common: insufficient availability of legal practitioners and funding for legal aid services,” shares Chimwemwe Chithope-Mwale, Director of the Legal Aid Bureau of Malawi.
“It is important to include people with special needs and rights in all stages of formulating policies and laws, so that their voices can be heard,” agrees Christina Kamili, Executive Director of the Tanzania Network of Legal Aid Providers (TANLAP).
“Once their voices are included from a very early stage, it will be easier to include them in decision making and planning,” Christina emphasizes. “In this way, they are making their own decisions regarding their own rights.” This includes respect for linguistic diversity, as well as the needs of persons with disabilities.
As the guardian of the UN Principles and Guidelines, UNODC supports countries to develop inclusive legal aid systems that are aligned with international standards and good practices.
Through its expertise and engagement, UNODC assists in advancing legal aid as a means of ensuring equal access to justice for both victims and offenders while safeguarding their human rights. UNODC’s efforts in enhancing access to legal aid, meanwhile, have had a strong impact on the ground. For example, together with UN Women in West Africa, UNODC helped train over 1,200 women through community-based legal education, as well as 1,100 judges, prosecutors and lawyers on enhancing access to legal aid. In Liberia, this resulted in over 700 women being released from prison and reintegrated into their communities after human rights violations were identified by legal aid providers.
* Name changed to protect privacy
