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Expanding Free Legal Aid Services to Women and Men in Albania
Summary
UNDP defines access to justice as “the ability of people, particularly those belonging to poor and disadvantaged groups, to seek and obtain a remedy through formal and informal justice systems, in accordance with human rights principles and standards”.
The universal importance of access to justice was reflected in the Agenda 2030 and Sustainable Development Goals. The new agenda promotes sustainable development of countries that are based on peace, just and inclusive societies, respect for human rights, the rule of law and effective and accountable institutions. The goal and the entire SDG agenda embrace the core elements of a social contract between state and society as they seek to ensure a match between people’s expectations of what the state and other actors will deliver and the institutional capacity available within the state and other actors to meet those expectations.
Expanding Free Legal Aid Services to Women and Men in Albania (EFLAS) is a response to Government of Albania’s efforts toward reforming its justice system and align its legal and policy framework with EU laws and standards. It also is in full alignment with UNDP’s mandate which is firmly rooted in attaining the Global Sustainable Goals (SDGs), which form the basis of United Nations Sustainable Development Country Framework (UNSDCF) 2022-2026 and the UNDP Country Program Document (CPD) 2022-2026.
Goal 16 in particular provides new and unprecedented space for strengthening the rule of law, justice, and security and promoting human rights, and commits Member States to: “Promote peaceful and inclusive societies for sustainable development, provide access to justice for all and build effective, accountable and inclusive institutions at all levels.” The targets for Goal 16, more specifically Target 16.3 obliges states to “Promote the rule of law at the national and international levels and ensure equal access to justice for all.” Additionally, Goal 10 commits to “reduce inequality within and among countries” and eliminate discrimination in laws, policies and practices. Furthermore, Goal 5 promotes gender equality and the need for empowerment of all women and girls given their disadvantaged roles and discrimination in many societies.
Ministry of Justice as the driver of the country’s justice reform is the lead national partner of EFLAS Project. Other key project partners are the People’s Advocate, the Commissioner for Protection from Discrimination and civil society organizations. EFLAS Project is funded by the Austrian Development Agency (ADA) since September 2019 and will extend its contribution till October 2024 with a budget of 2 million EUR.
CPD launch - Round table discussion on the study on courts’ decisions on discrimination and equality before the law organized in partnership with the Commissioner for Protection from Discrimination and Government of Austria
Background
In June 2014, Albania received EU candidacy status and adopted a road map for approximation with EU laws and standards. The drive for European integration is a main driver of reform in the country and a shared political priority. Albania has committed to strengthening the rule of law and human rights through its ratification of international and regional treaties and its adherence to the 2030 development agenda. Governance reforms are at the heart of the EU accession process and have been prioritized as key to addressing Albania’s socio-economic challenges. Major investments have therefore been made by the GoA in reforming the public administration and judiciary, and in efforts to reduce corruption, strengthen the rule of law, and rationalize relations between central and sub-national state bodies. Delivery of quality and inclusive public services at local level, is one of the many important interventions the GoA is intensively working on.
Albania’s vision of sustainable development is for EU accession, sustainable economic growth, and more inclusive prosperity. European integration is a main driver of reforms in the country and a shared political and public priority. Accession negotiations have been conditional upon the reform of the judiciary and public administration, and greater efforts to combat corruption and (transboundary) organized crime.
In the context of the justice reform, as a key requirement for EU accession, in June 2018, a new Law on State Guaranteed Legal Aid was adopted and entered into force with the technical support of UNDP in partnership with EURALIUS project. State Guaranteed Legal Aid enables the legal environment for an unhindered and equal access to justice for women and men in need. The approval of the full package of legal acts and bylaws by August 2020 provides the fundaments for responsible bodies to adequately respond to the increased demand for free legal aid services to the most vulnerable populations. As a result, a Free Legal Aid (FLA) Directorate of the Ministry of Justice was established in early 2020 to organize and oversee a broadened set of primary and secondary FLA providers. In addition, the law foresees a new branch of the civil service, major involvement of NGO legal aid service providers, as well as pro bono lawyers certified jointly with the National Chamber of Albanian Advocates that would provide primary and secondary FLA services.
Major Achievements 2019-2023
- Strengthening the Legal and Policy Framework: Enhancing the implementation and monitoring of Free Legal Aid (FLA) services through a robust legal and policy framework.
- Supporting the Free Legal Aid Directorate: Providing direct assistance to the Free Legal Aid Directorate at the Ministry of Justice to advance the professional skills of Free Legal Aid operators involved in the Free Legal Aid scheme.
- Expanding Free Legal Aid Services: Expanding Free Legal Aid to 12 regions of Albania, including Durres, Fier, Pogradec, Dibra, Shkodra, Lezha, Gjirokastra, Vlora, Elbasan, Berat, Kukes, and Korça.
- Assisting Free Legal Aid Centers: Supporting 12 free legal aid centers in delivering primary legal aid services to 8,307 individuals, including 4,381 women and girls. Key issues addressed include divorce, protection orders, birth registrations, alimony benefits, pension benefits, work compensation, immigration criminal law, social benefits, inheritance cases, and property/land rights, with significant support provided to women and girls.
- Strengthening Partnerships: Enhancing collaboration between National Human Rights Institutions and civil society organizations to reach remote and vulnerable communities, empowering them with information to assert their rights.
- Implementing Grants: Implementing 31 grants in partnership with 22 specialized NGOs, benefiting 6,686 vulnerable individuals through primary and secondary FLA services. Special emphasis has been placed on women and girls, victims of gender-based and domestic violence, Roma and Egyptian communities, LGBTI+ individuals, persons with disabilities, and the elderly.
- Promoting Networking: Facilitating collaboration among specialized NGOs and local FLA service providers to improve awareness and legal knowledge among vulnerable groups, thereby enhancing access to justice.
- Reaching Vulnerable Citizens: Providing legal information and support to 24,612 vulnerable citizens regarding their rights, access to legal aid, and entitlements.
- Partnering with the Chamber of Advocates: Establishing a partnership with the Chamber of Advocates of Albania to enhance the professional skills of advocates providing free court representation to vulnerable individuals under the Free Legal Aid Law.
- Training Free Legal Aid Providers: Enhancing the capabilities of 478 advocates, 9 magistrates, and 41 free legal aid officials through training based on two specific modules developed with the Free Legal Aid Directorate, the Albanian School of Public Administration, and the Chamber of Advocates of Albania. Special attention has been given to addressing gender-based discrimination and the specific needs of women clients.
Project Outcome
Build solid foundations for the new Free Legal Aid (FLA) system established in Albania through:
- Support to FLA Management and Oversight Structures for Efficient Implementation of the FLA Framework and System overall.
- Consolidation and scale-up of free legal aid services to ensure most vulnerable populations’ unhindered and equitable access to free legal aid.
- Strengthening and expanding the network of partners/service providers to boost outreach of vulnerable communities with information and services.
- Support FLA management institutions and service providers to respond to gender-based discrimination and the needs of the clients in alignment with the international standards.
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Impact
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