Report on the UNCSW67 side event: ‘Access to Justice – a Sine Qua Non for Inclusion and Equality’

Dr Rosemary Chikwendu
Chikwendu & Chikwendu & Co, Abuja
rwendu@gmail.com

Introduction

Justice is the cornerstone of human rights: it is the manifestation of a bill of rights, and human rights through justice can only be actualised if it can be accessed. One of the main obstacles to accessing justice is the cost of legal services, and legal aid services are used to fill this void; as such, legal aid has become a core ingredient of access to justice. Legal aid is often either not provided or underfunded in many jurisdictions because it is considered a waste of resources by policy-makers.

The rights of human beings are lost when they cannot access justice, resulting in exclusion and inequality. It is said that the test of the righteousness of a nation is in how it treats the poorest and most vulnerable in its midst.

In 2017 the IBA Access to Justice and Legal Aid Committee partnered with the World Bank to research the cost benefits, or otherwise, of providing legal aid, surveying over 50 different jurisdictions. This resulted in the publication of A Tool for Justice: A Cost Benefit Analysis of Legal Aid (the ‘2019 Report’). The research showed clearly that it is more beneficial for a state to provide legal aid than not.

Overview of event

The virtual side event titled ‘Access to Justice – a Sine Qua Non for Inclusion and Equality’ was held on the 9 March 2023 at 1600–1800 BST. The session was chaired by Rosemary Chikwendu, Co-Vice Chair of the IBA Access to Justice and Legal Aid Committee, with Professor Joy Ngozi Ezeilo, activist and legal scholar, as the keynote speaker. The panel consisted of: Isabel Bueno, partner at Mattos Filho in Brazil; Ene Obi, Country Director of ActionAid Nigeria; Carolina Ríos Villota, President of the Federación Internacional de Abogadas in Colombia; and Mary Walker, a barrister at 9 Wentworth Chambers in Australia and a Member of the IBA Mediation Committee Advisory Board.

The panellists questioned the role of access to justice in the fight for inclusion and equality. They looked at the cost benefit of funding legal aid, referencing the 2019 Report, which is intended to be used as a data-based handbook by legal aid providers in effectively engaging their funders and policy-makers.

Professor Ezeilo reiterated the fact that access to legal aid is an intrinsic part of the rule of law, that it is needed to ensure inclusion as intended by UN Sustainable Development Goal (SDG) 5. She said that there is an unmet civil justice need for over 1.4 billion people worldwide, and that two thirds of the world population lack basic access to justice which must be addressed to ensure fair, equal and meaningful development as envisaged by SDG 5. She stated that justice and governance are crucial aspects of every structure and that they are as important as other structures like health and education, and that a lack of it has an economic impact on individuals and society.

Professor Ezeilo also said that civil society organisations contribute mainly to providing pro bono legal services in Sub-Saharan Africa. She shared how more than 2000 pro bono legal representations she provided to victims of violence and abuse contributed to her elevation to becoming a Senior Advocate of Nigeria.

She emphasised the need for digital development for women to ensure equality and inclusion and create digital safe spaces. She also addressed how the disparity of laws in the books and laws in practice create gaps in the legal framework of nations, stating that the justice gap undermines human development. She stressed that states’ governments should be held accountable for not implementing the laws of their land and international treaties that they are signatories to.

In conclusion, she lauded the contents of the 2019 Report and how it sheds light on the global justice gaps. While commending the IBA for hosting the session, she stated that more such sessions are needed to deepen the conversation.

Mary Walker, the second speaker, referred to three Australian laws that address access to justice and how Australia is adapting alternative dispute resolution processes to address access to justice. She stated the vital role early intervention plays in reducing the cost of accessing justice.

The third speaker, Ene Obi, stressed how low representation woven into the decision-making level affects the decision-making processes, particularly in issues about women, which includes access to justice. She emphasised the need for women to work together to ensure positive results in their favour. She also addressed the unarguable importance of funding which hampers the provision of legal aid. She talked about strengthening women’s agencies, mentorship programmes, coaching and the education of both women and girls in technology. She stated that the provision of legal aid is not the work of the government alone, that national and multinational organisations should fund the provision of legal aid, and that most of the work of ActionAid Nigeria in this area is funded by Global Affairs Canada.

Isabel Bueno, the fourth speaker, stated that the main factor hindering access to justice in Brazil is funding. The poor, who are primarily women, account for about 51.1 per cent of the Brazilian population, out of which only 43.8 per cent are working. She stated that women earn 20.5 per cent less than men in Brazil and that only 27 per cent of directors and people in managerial positions are women. She also stated that providing legal aid should not be left to the government alone. She described how Mattos Filho Brazil established a foundation that provides pro bono legal services to those in need, and showed appreciation for the 2019 Report for assisting the engagement efforts of pro bono legal aid providers.

Carolina Ríos Villota, the last speaker, stated that it is difficult to discuss access to justice without inclusion and equality. She talked about how a lack of education and technological know-how has widened the gap in access to basic needs, including justice. She used her country, Colombia, as a case study, where discrimination in basic needs result in exclusion. She stated that many Colombian women are poor and do not have access to the internet and smart devices, and that some do not have the technological know-how to use them.

Conclusion

The virtual side event shed light on issues relating to access to justice and legal aid and on the importance of providing equal access to justice for all individuals, regardless of their socio-economic status. The speakers emphasised the need for governments and organisations to invest in legal aid programmes and initiatives that can help bridge the justice gap and ensure that everyone can seek justice and protect their rights. There is still much work to be done in this area, but by working together and implementing effective strategies, we can progress toward a more just and equitable society.