80 OAU Boulevard, Banjul, The Gambia TEL: 4201535/4201537/3960636/9960633 Website: www.legalaid.gov.gm EMAIL: [email protected] MOBILE LEGAL AID CLINIC REPORT 7th to 12th April 2014 MOBILE LEGAL AID CLINIC REPORT Table of Contents 1. Introduction ......................................................................................................................3 2. Project Sensitization.........................................................................................................5 3. Implementation of the Mobile Legal Aid Clinic ............................................................5 A. Upper River Region ....................................................................................................5 I. Kantora District ................................................................................................5 II. Fuladu East, Basse District………………………………………………………………………..7 a) Basse Police Station………………….………………………………….……………..8 b) Mansanjang Kunda……...……………………………………………….9 III. Tumana District ..............................................................................................10 a) Chamoi…………………………….…………………………...……….10 b) Follow up with the Governor on issues raised………..…….….……….11 B. North Bank Region……………...………………………………………………………………12 I. Sabachsanjal District….……………..………..…………………………………………….12 a) Dibbakunda………………………………………………….……………13 b) Radio Program…………………………………..….…………………….……..13 II. Central Badibu District….………………………..….……………………………………..…14 a) Farafenni Police Station……………………………...……..………………………..……..15 III. Upper Badibu District…………..……………………….…………………..……………….15 4. Successes…...…………………………..………………………………………………16 5. Challenges………………………………..…………………………………………….16 6. Recommendations……………………..……………………………………..………..18 7. Conclusion……………………………...………………………………..……………..19 8. Case Statistics…………………………..………………………………..……………20 9. Special Thanks…………………………………………………………………………21 2 MOBILE LEGAL AID CLINIC REPORT 1. INTRODUCTION When NALA was established in 2010, it was given the mandate of synchronizing and decentralizing legal aid services throughout the country and to ensure that indigent people from all corners of The Gambia obtained equal access to justice. Additionally, the Legal Aid Act 2008 expanded legal aid provision from capital offences to all criminal and civil cases involving indigents, marginalized persons and to all cases of children from the point of arrest, throughout trial and on appeal. Over the years, NALA has made tremendous efforts in legal aid service delivery especially in the Greater Banjul area. However due to financial and human resource constraints NALA limited legal representation to cases of capital offence such as murder; rape; drug trafficking; robbery and treason amongst others, all cases involving children and a few criminal cases which met "the means and merit test" an eligibility criteria set by NALA. This left out most common offences committed in the grassroots such as theft, house breaking etc and civil cases affecting indigent persons in the rural areas. As a result poor persons involved in such cases have been left to face justice without access to much requisite legal aid in contravention of their fundamental human right of access to justice. In an effort to decentralize legal aid services and ensure access to justice in the grassroots, the UNV Legal Aid Specialist to NALA Ms. Jane Abudho designed the Mobile Legal Aid Clinic Project. Through this project, NALA intended to provide legal aid services to poor people in the grassroots by taking services to them. Additionally, NALA intended to widen legal aid services to other criminal offences besides capital offences and civil cases which are more predominant in the grassroots and which involve the poorest population of The Gambia. This initiative was also geared towards ensuring that access to justice created as much impact as was necessary. In April 2014, NALA with the support of UNDP, launched the pilot Mobile Legal Aid Clinic Project in 3 Districts in the Upper River Region (URR) and 3 Districts in the North Bank Region (NBR). The project was conducted in close collaboration with the Alternative Dispute resolution secretariat (ADRS) and Paralegals from the University of The Gambia’s Law Faculty. The Legal Aid Clinic was designed to contain a small law library for reference, reception area, client conference area which would either be in the NALA van or under a secluded tree for privacy. The clinic had a paralegal whose main role was to receive clients, register claims on the Case Intake Forms and forward the same to Legal Practitioners for review. The Legal Practitioners after reviewing the case summary would then proceed to provide legal advice documenting each step. Interpreters mainly from the Judiciary and ADRS provided interpretation to Legal Practitioners. Taking into consideration the nature of issues presented, most of the cases were provided an on the spot resolution in collaboration with ADRS Officials and for issues that required court action, the concerned client would be informed of the necessary steps and required documents to support the claim and present the same to the either the NALA Legal Aid Centre in Basse or Farafenni 3 MOBILE LEGAL AID CLINIC REPORT where they could be assisted to draft the necessary legal pleadings before the same is filed in Court. Of important notice was the assistance of the Sefyos (chiefs) and Alkalos(village heads) in both URR and NBR in mobilization and coordination of the project. “The UNV Legal Aid Specialist to NALA and the Pioneer of the Mobile Legal Aid Clinic Project at work” “NALA Legal Officer Tom Katusabe and UNV Legal Officer to NALA Mauro Puzzo at work” 4 MOBILE LEGAL AID CLINIC REPORT 2. PROJECT SENSITIZATION On 5th March 2013, NALA team consisting of NALA’s Executive Director, UNV Legal Aid Specialist and NALA focal person for UNDP went to URR and NBR to sensitize the Governors, chiefs and alkalos of these regions on the upcoming Mobile Legal Aid Clinic Project. 3 Districts in URR namely Tumana, Fuladu East and Kantora were identified for the pilot phase while Budabu East, Budabu Central and Sabachsanjal were identified in NBR. Leaders from these areas pledged their full support for the project and indicated that the same would help poor in their regions acquire justice. The team also held radio programs on GTRS in Basse and Paradise Fm in Farafenni to enlighten the public of the upcoming Mobile Legal Aid Clinics and urged those with legal issues to come out in their numbers so that they can be provided legal advice to their issues. The radio programs were interpreted to local languages by Saibeh Susso an interpreter to the High Court in Basse and Ousman Camara of ADRS. The sensitization ended on 8th March 2014. Additionally, preparatory radio programs were conducted by the NALA team on 7th April 2014 with Seyfos of the respective Districts on the GRTS radio station prior to the project, on the purpose and mode of operation of the Mobile Legal Aid Clinic. The programs were recorded and played 9 times in Basse and 8 times on Paradise Fm in Farafenni. 3. IMPLEMENTATION OF THE MOBILE LEGAL AID CLINIC The Mobile Legal Aid Clinic Project in URR and NBR was held from 7th to 12th April 2014. The team included Tom Katusabe a Legal Officer at NALA, Mauro Puzzo UNV Legal Officer at NALA, Bekai Saidy a Paralegal, Ousman Camara of ADRS, Saibeh Suso an interpreter at the High Court in Basse and Alieu Saidy Khan NALAs’ Driver hereinafter referred to as the “the NALA team” or “the team”. A. THE UPPER RIVER REGION The team met the Governor of URR who was again briefed on the need and purpose of the Mobile Legal Aid Clinics to the people of URR. The Governor pledged his full support and assigned one of his assistants to assist the team in mobilization within the region. The Governor encouraged the team to bring to his attention any issues that required the attention of his office. He informed the team that he would stop by during one of the legal aid sessions. I. KANTORA DISTRICT The Mobile Legal Clinics in URR kicked off in Kantora District at the village “bantaba” in Garawol Village. The team met the Chief of this district, some Alkalos and some local people of the said village. At the Bantaba, the team set up the clinic, with the Paralegal introducing the Mobile Legal Aid Clinics team, highlighting the purpose of the Legal Clinic and its importance to the locals of Kantora District. The clinic was set up alongside with ADRS. Despite a late start the client turn-out was very low with only 2 clients showing up within the first 2 hours. The team then decided to move the clinic to the neighboring ‘Sameh Kuta’village, 5 MOBILE LEGAL AID CLINIC REPORT to reach as many clients as possible and to maximize accessibility to services as well as full utilization of available time. At the village bantaba at ‘Sameh-Kuta’, the elders were briefed about the Mobile Legal Aid Clinic in the village which they received with great pleasure and appreciation. The village locals and elders helped to quickly set-up the clinic and mobilize clients. A total of 9 clients were attended to in this village. One of the clients, a village Alkalo, who chairs the village mediation committee wanted to learn more on mediation skills and was referred to the ADRS desk. After an interaction with the ADRS official, the Alkalo informed the team that he had learnt so much and indicated that would use the same to improve on his mediation skills and provide access to justice in a more efficient and effective