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Global Study on Legal Aid Country Profiles

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Global Study on Legal Aid Country Profiles Global Study on Legal Aid Country Profiles United Nations Development Programme (UNDP) partners with people at all levels of society to help build nations that can withstand crisis, and drive and sustain the kind of growth that improves the quality of life for everyone. On the ground in nearly 170 countries and territories, we offer global perspective and local insight to help empower lives and build resilient nations. One United Nations Plaza New York, NY 10017, USA www.undp.org United Nations Office on Drugs and Crime (UNODC), working in collaboration with partners and through a network of field offices, helps Member States in achieving security and justice for all by making the world safer from crime, drugs and terrorism. Building on its mandates and expertise in the areas of crime prevention and criminal justice, UNODC endeavours to foster the development of fair, human rights-compliant and effective criminal justice systems grounded in the rule of law. Vienna International Centre P.O. Box 500, 1400 Vienna, Austria www.unodc.org © United Nations, December 2016. All rights reserved, worldwide. The designations employed and the presentation of material on maps used do not imply the expression of any opinion whatsoever on the part of the Secretariat of the United Nations or UNDP concerning the legal status of any country, territory, city or area or its authorities, or concerning the delimitation of its frontiers or boundaries. Information on uniform resource locators and links to Internet sites contained in the present publication are provided for the convenience of the reader and are correct at the time of issue. The United Nations takes no responsibility for the continued accuracy of that information or for the content of any external website. This publication has not been formally edited. Design by LS — lsgraphicdesign.it Global Study on Legal Aid – Country Profiles Table of Contents How to Read the Country Profiles 4 Asia-Pacific 8 Latin America 177 Western Europe 383 & the Caribbean & Others Group Afghanistan 9 Argentina 178 Australia 384 China 19 Brazil 189 Austria 395 Japan 31 Dominican Republic 200 Canada 406 Nepal 42 Ecuador 210 Cyprus 419 Thailand 54 Guatemala 221 Finland 427 Viet Nam 65 Haiti 231 Greece 437 Mexico 240 Israel 446 Sub-Saharan Africa 75 Paraguay 250 Italy 456 New Zealand 467 Benin 76 Eastern Europe 259 Portugal 480 Burkina Faso 85 & Central Asia Spain 490 Cabo Verde 96 United Kingdom 500 Chad 105 United States of America 511 Armenia 260 Democratic Republic of Congo 114 Belarus 270 Ghana 124 Bulgaria 280 Table of Legal Aid Kenya 135 Czech Republic 291 Legislation Mauritania 145 Georgia 301 Mauritius 153 Kazakhstan 313 The Right to Legal Aid South Africa 163 Lithuania 324 Around the World 525 Moldova 334 Montenegro 346 Slovak Republic 354 Turkmenistan 363 Ukraine 372 Global Study on Legal Aid – Country Profiles How to Read the Country Profiles What are the Country Profiles? This publication was developed as part of the Global Study on Legal Aid undertaken by UNDP and UNODC, and aims to provide a snapshot of the current state of legal aid in 49 countries around the world. Country Profiles were developed for countries where both Member States and independent national ex- perts completed the survey on legal aid conducted as part of the Global Study. This publication also in- cludes a Table of Legislation which provides information about the legislation that guarantees the right to legal aid in 125 countries. What is the source of this information? Each Country Profile presents the main findings from a global survey on legal aid administered to one or more government representative(s) (from a relevant state institution overseeing or administering the national legal aid system) and one or more independent national expert(s) (national researchers or civ- il society actors with first-hand knowledge and/or experience of the country’s legal aid system.) UNDP and UNODC field offices also participated in subsequent reviews and validations of survey results. What is covered in a Country Profile? A Country Profile has eight sections: 2 Country snapshot 2 Finances 2 Legal aid at a glance 2 Provision of legal aid in criminal and civil/ 2 Legislative framework administrative cases 2 Delivery model 2 Quality safeguards 2 Service providers While the survey questionnaire addressed to the government representative was mainly used to obtain information about the legal and regulatory framework of a country’s legal aid system and the delivery model in place, the questionnaire addressed to independent national experts solicited additional inputs on their assessment of the effectiveness, accessibility and quality of legal aid services provided. 4 Global Study on Legal Aid – Country Profiles Which external sources of information have been used to complement global survey data in Country Profiles? Total population Rural vs. urban population Source: World Bank, 2014 Source: World Bank, 2014 Rural population refers to people living in rural areas as defined by national statistical offices. Type of government system 2 Federal System: A system of govern- 2 Unitary System: A system of govern- ment in which the governing power ment in which most or all of the gov- is divided between a central authority erning power resides in a centralized and constituent political units. In fed- government, including administration eral systems, the central and regional of State-funded legal aid services. governments share responsibilities for the administration of State-fund- ed legal aid services. In many federal countries, the regional governments provide legal aid services through a separate legal aid plan. Male and female adult literacy rate GNI per capita & income group Source: World Bank, 2014 Source: World Bank, 2014 Percentage of women and men age 15 and above who GNI per capita, Atlas method (current US$). can, with understanding, read and write a short, simple 2016 Classification of income groups. statement on their everyday life. $1,045 $4,126 $12,736 LOW MID/LOW MID/HIGH HIGH 5 Global Study on Legal Aid – Country Profiles HDI Inequality-adjusted HDI Source: 2014 HDI country groupings, UNDP The difference between HDI and inequality-adjusted The Human Development Index (HDI) is a composite HDI, expressed as a percentage of the HDI, indicates the index measuring average achievement in three basic loss in human development due to inequality. dimensions of human development: 2 A long and healthy life, as measured by life expectancy at birth 2 Knowledge, as measured by the mean years of schooling for adults aged 25 years and more and the expected years of schooling for children of school entering age 0.55 0.7 0.8 2 A decent standard of living, as measured by gross national income per capita. LOW MID HIGH VERY HIGH Gender Development Index Source: 2014 Gender Development Index groups, UNDP The Gender Development Index is simply the ratio of female to male HDI values, and provides insight into gender 0.9 0.925 0.95 0.975 disparities in achievements in three basic capabilities: health, education and command over economic resources. LOW MID/LOW MID MID/HIGH HIGH Rule of Law Index 2015, World Justice Project The Rule of Law Index produced by the World Justice Project measures the rule of law based on the experiences and perceptions of the general public and in-country experts worldwide. Country profiles feature specific survey questions on legal aid which were administered to measure the Rule of Law Index — reflecting the voices of both local citizens (1000 respondents per country on average) and local legal experts (25 respondents per country on average). 2worldjusticeproject.org/rule-of-law-index People’s trust in courts A lot 6 From the General Population Poll, respondents were asked whether they have “a lot”, “some”, “a little” or “no” trust in the Some 36 courts. A Little 39 No Trust 18 3 3 0% 100 % People who believe that the police always or often respects the basic rights of suspects From the General Population Poll, respondents were asked on a scale of “always”, “often”, “rarely”, or “never”, whether the police respects the basic rights of suspects. The Country Profiles display the percentage of respondents who answered “always” or “often”. 69% 6 Global Study on Legal Aid – Country Profiles People who received legal assistance when seeking to resolve a conflict with someone who refused to fulfill a contract or pay a debt, during the past 3 years From the General Population Poll, respondents were asked whether they or someone in their household have experi- enced a conflict with someone who refused. 22% Sample size: 60 How serious are the following problems in criminal Excessive pre-trial detention courts in the city where you live? Delay of cases Local experts were asked to rate on a scale from 1 to 10 (with Poor judicial decisions 10 being a very serious problem, and 1 being not a serious Inadequate resources problem), how serious various problems are in criminal courts in the city where they live. Inadequate criminal defence Corruption Judicial independence Bias against marginalized people Inadequate ADRs 3 3 Not very serious Very serious How serious are the following problems in influencing Court fees people’s decisions on whether or not to go to civil Attorney fees courts to resolve a dispute, in the city where you live? Lack of legal aid Local experts were asked to rate on a scale from 1 to 10 (with Location of Courthouses 10 being a very serious problem, and 1 being not a serious Duration of cases problem), how serious various problems are in influencing Bias against people’s decisions on whether or not to go to civil courts to marginalized people solve a dispute in the city where they live.
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