1. Background
Access to Justice is a subjective concept. This is because it differs from one individual to another. Just like an elephant, although we might struggle to describe it fully and precisely however we can recognize it when we see it, or even better, we are certain when we do not see it in actions. Access to justice simply means understanding your legal rights, being able to exercise these rights and obtaining a just outcome.
Access to justice is a basic principle of the rule of law and it is a fundamental Human Right that is necessary for the protection of all other human rights. It is important to note that access to justice is not only about Physical access, it also entails affordability of legal services and availability of information pertaining to the law and dispute resolution. All these facets of accessibility should be coupled with non-discrimination.
2. Barriers to Access to Justice
In Africa today, there are many barriers to access to justice and this has accelerated the violation of people’s rights. Ugandans encounter considerable obstacles in terms of access to justice. These barriers may be through the country’s normative framework- or national laws or may be through the country’s institutional framework for justice which includes law enforcement and court systems.
According to HiiL on Justice Needs of Uganda 2016, one of the major inhibitors of access to justice in Uganda, is that many users of the justice system have experienced limited fairness in the processes and outcomes of their justice journeys particularly when they go through the justice system. Furthermore, the cost of legal advice and representation continues to push people away from accessing justice.
3. The Need for Innovation in the Justice Space
This is a call for us to continue to innovate for the betterment of access to justice by all. One of the saviors that has been presented to us is technology. In this day and age the constant changes in technology are pushing us to think of new ways of addressing the multiple and complex problems faced by litigants, victims, witnesses and those accused of crime.
With innovation, we are able to create or take the necessary steps to promote fair, transparent, effective, non- discriminatory and accountable services that promote justice for all. In the recent past, the Uganda law society launched an App called “Pulida Wo” translated to mean “Your Lawyer” -an innovation that is aimed at extending Pro bono Legal Aid services to the masses.
Furthermore, innovation enables us to address the existing challenges that are affecting access to justice and changes the way we interact with the justice system. For example in the courts of Uganda today, it is possible to conduct a hearing via video conferencing. The use of these facilities is to reduce the constraints of time and distance as well as the possible intimidation of witnesses.
Another way in which innovation may promote access to justice is through creating access to affordable legal advice and services. The reason as to why many Ugandans do not use the justice system is because of the high price of litigation and other legal services which an average Ugandan cannot be able to afford. The creation of a solution that will meet this particular need of the users of the justice system will not only promote access to justice but will also encourage people to resolve their matters or seek redress through the system. In this regard, there is an online platform called LegIT.com which aids people in drafting legal contracts in just a matter of minutes after which the document is sent right to your mail inbox at just a fee of about Ugshs. 50,000 which is relatively low considering what one would ordinarily spend on paying a lawyer to draft it. However this price still relatively high for an average Ugandan.
4. Conclusion
Innovation and technology are scary to a lawyer as it seems like their jobs are under attack. However that is not the case. It is impossible to fully replace lawyers. It is therefore worth noting that technology driven tools can provide information and guidance where no support from a lawyer is available and can boost the work of lawyers through automation and online platforms thereby reducing cost and increasing accessibility.
Therefore promotion of access to justice is a journey that we all must embark on and it is through endless innovation that we will reach our destination- where there is a system of administration of justice by the courts of law where all citizens have unhindered access to constitutionally established court of criminal or civil jurisdiction which are free from bias. The citizens must also have the confidence that there will be no usurpation by any other person of the functions of the court.
Only then shall we claim to have achieved access to justice. So until then, we continue to innovate.
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