Republic of Zambia - Human Rights

NATIONAL LEGAL AID POLICY 1

NATIONAL LEGAL AID POLICY

Republic of Zambia

Ministry of Justice

October 2018

2 NATIONAL LEGAL AID POLICY2 NATIONAL LEGAL AID POLICY

NATIONAL LEGAL AID POLICY i

Republic of Zambia

Ministry of Justice

October 2018

NATIONAL LEGAL AID POLICY

ii NATIONAL LEGAL AID POLICY

Table of Contents

Foreword ......................................................................................................................................................................................... iv

Acknowledgment ..........................................................................................................................................................................v

Working Definitions.....................................................................................................................................................................vi

Acronyms ......................................................................................................................................................................................viii

1 INTRODUCTION ..............................................................................................................................................................1

2 SITUATION ANALYSIS ....................................................................................................................................................2

3 VISION, RATIONALE AND GUIDING PRINCIPLES ..............................................................................................5

4. POLICY OBJECTIVES AND MEASURES ...................................................................................................................8

5 IMPLEMENTATION FRAMEWORK ........................................................................................................................ 10

ANNEX 1: IMPLEMENTATION PLAN OF THE NATIONAL LEGAL AID POLICY ...................................................... 16

NATIONAL LEGAL AID POLICY iii

Foreword

Legal aid services in Zambia have for a long time been provided by both the state and non-state actors in the absence of a comprehensive policy.

The absence of a national legal aid policy and coordinated institutional framework in justice delivery impacts negatively on the achievement of Government’s objective under the governance chapter of the Seventh National Development Plan, which aims at enhanced access to justice, observance of the rule of law and human rights.

While legal aid interventions do not in principle transform the poverty situation of the recipients of the services, the interventions, coupled with governance and astute poverty reduction strategies, undoubtedly foster the social and economic development process of the country. To this effect government is committed to ensuring that the efficient and effective access to justice serves as a catalyst in enhancing legal empowerment of the poor and vulnerable groups.

This policy therefore, is conceived out of an anti-poverty agenda aimed at the poor and vulnerable groups in society. It targets the impediments that poverty and its attendant challenges pose to access to justice and remedially sets out mechanisms whose cumulative objectives shall be to effectively integrate the poor and vulnerable groups in our society into the systems of rights and obligations that foster prosperity.

Policy guidelines for legal aid designed to contribute to legal empowerment of the poor and vulnerable groups through effective access to justice are now outlined in this policy document. The policy sets guidelines for the scope and delivery models for the provision of legal aid in Zambia and outlines the framework required in the implementation process by the Legal Aid Board and other stakeholders and for monitoring and evaluating the implementation of the different policy measures herein set out.

I, therefore, wish to express my delight on the realisation of this policy. It is my fervent hope that this publication will assist in improving the accessibility to justice institutions by the poor and vulnerable groups amongst us.

Minister of Justice

iv NATIONAL LEGAL AID POLICY

Acknowledgment

This policy document is a product of contributions and consultations with various stakeholders that the Ministry of Justice has engaged since 2009. The consultations were compelled by challenges that hamper the effective and efficient provision of legal aid to the people of Zambia, especially the poor and vulnerable persons.

In 2013, a first draft National Legal Aid Policy was formulated by a multi stakeholder Committee established by the Minister of Justice and chaired by the Legal Aid Board (LAB). Additional views were drawn through further engagement and consultation of stakeholders at provincial and national level. Building on this process, a Technical Working Group was appointed in 2016 by the Ministry of Justice with the task of completing the development of the draft National Legal Aid Policy. The process was led by the LAB and involved the Ministry of Justice, the Law Association of Zambia (LAZ), the National Legal Aid Clinic for Women (NLACW) and the Paralegal Alliance Network (PAN), with further engagement with Cabinet Office on the revised draft. The process culminated into broad consultations on the draft National Legal Aid Policy carried out with all relevant ministries, state institutions, civil society and other relevant stakeholders in November and December 2017.

Although it may not be possible to mention all the stakeholders who made valuable contributions to the formulation of this document, special mention is made of the following organisations for the technical assistance rendered to the policy formulation process: the Deutsche Gesellschaft für Internationale Zusammenarbeit (GIZ) and the Danish Institute for Human Rights (DIHR), with the financial support of the European Union (EU) and the Federal Republic of Germany under the Access to Justice Programme and the Programme for Legal Empowerment and Enhanced Justice Delivery (PLEED) in Zambia.

The Committee and the Technical Working Group appointed for this exercise deserve special acknowledgement for the commitment and tireless effort exemplified in the review, refinement and finalisation of this policy. Other stakeholders, too numerous to mention here, equally deserve acknowledgement for their valuable contributions.

Permanent SecretaryMinistry of Justice

NATIONAL LEGAL AID POLICY v

Working Definitions

“Accredited CSO” means a Civil Society Organisation (CSO) that has been authorised to provide legal aid by the Legal Aid Board (LAB), in accordance with prescribed rules.

“Accredited university law clinic” means a law clinic affiliated to a school of law of a university or to another higher educational institution providing legal education, and that has been authorised to provide legal aid by the LAB, in accordance with prescribed rules.

“Alternative Dispute Resolution (ADR)” includes mechanisms such as mediation, conciliation and negotiation aimed at preventing, settling or resolving disputes.

“Eligible person” means an individual to whom legal aid may be granted on the basis of the means test and interests of justice principle, in accordance with prescribed rules under the Legal Aid Act.

“Interests of justice” is the principle applied by the LAB with the means test when making a decision to grant legal aid in any case or matter. It refers to the seriousness of the offence, the complexity of the matter, the capability of the accused, the level of vulnerability of the person, strategic litigation on a matter of public interest, risk that the trial will not be fair unless the person is provided with legal aid, and other elements as prescribed by the LAB.

“Judicare system” means a legal aid service delivery model where legal practitioners in private practice are engaged by the LAB, subject to payment of prescribed fees, to provide secondary legal aid services to eligible persons.

“Legal advice” means the provision of advice on the application of the law and how to exercise it in relation to a particular matter. It includes advising and assisting the client in undertaking next steps on her/his matter, provided that such steps are not in the context of formal proceedings.

“Legal aid” means the provision of free or subsidised legal services by Legal Aid Service Providers (LASPs) to an eligible person.

“Legal aid assistant” shall have the meaning assigned to the term in the Legal Aid Act.

“Legal Aid Board (LAB)” is the body established by the Legal Aid Act with the overall responsibility and mandate to provide, administer, coordinate, regulate and monitor the whole legal aid scheme in the country.

“Legal Aid Service Provider (LASP)” means the LAB, a legal practitioner providing legal aid services under the Judicare system or on a pro bono basis, or an accredited CSO or university law clinic, that provides legal aid to eligible persons.

“Legal assistance” refers to assisting a person in executing some legal act to protect her/his rights or in taking some preparatory steps towards doing so in the context of formal proceedings, including steps that are preliminary or incidental to formal proceedings, or steps aimed at arriving at or giving effect to a compromise to avoid or bring to an end formal proceedings (including court-annexed mediation).

vi NATIONAL LEGAL AID POLICY

“Legal assistant” means a person who (a) holds a Bachelor of Laws Degree (LL.B) or equivalent as prescribed by the Zambia Institute of Advanced Legal Education (ZIALE) Council; and (b) is duly registered at the LAB for purposes of providing legal aid at an accredited CSO, a legal practitioner in private practice or a public institution other than the LAB in accordance with the Legal Aid Act. “Legal education” consists in the provision of law-related education through the general dissemination of information about the law to the population or specific target groups.

“Legal information” means the provision of information to an individual or to groups of persons on legal rights, responsibilities, procedures, available remedies and how to exercise them.

“Legal practitioner” shall have the meaning assigned to the term in the Legal Practitioners Act.

“Legal representation” means representation in a court, tribunal or administrative body based on the privilege relationship between an advocate and a client.

“Legal services” include services to provide legal representation, legal assistance, legal advice, legal information, legal education and mechanisms for ADR.

“Means test” assesses whether an applicant for legal aid has insufficient means to pay for legal services. The level of means which qualifies an applicant as having insufficient means in relation to the granting of legal aid is prescribed by the LAB.

“Paralegal” means a person who (a) has successfully completed a training course in paralegal studies level 3, 2 or 1 at university or other higher educational institution, or at another organisation as accredited by the Technical Education, Vocation and Entrepreneurship Training Authority (TEVETA); and (b) is duly registered at the LAB for purposes of providing legal aid at an accredited CSO, the LAB or another public institution in accordance with the Legal Aid Act.

“Poor people” means people having insufficient means to pay for legal services.

“Pro bono legal aid” means a legal aid service delivery model where secondary or primary legal aid services are provided by legal practitioners in private practise or otherwise entitled to practice as prescribed under the Legal Practitioners Act, at no cost for the LAB or to accredited CSOs or university law clinics.

“Primary legal aid services” means the provision of legal education, legal information, legal advice and ADR (excluding court-annexed mediation) by a LASP to an eligible person.

“Secondary legal aid services” means the provision of legal assistance and legal representation by a LASP to an eligible person.

“Vulnerable people” includes persons with disabilities, remanded persons or otherwise deprived of liberty, minors, victims of sexual, domestic or gender-based violence, persons living with HIV or other severe chronic diseases, refugees, internally displaced persons, asylum-seekers, members of economically and socially disadvantaged groups, and others as prescribed by the LAB.

NATIONAL LEGAL AID POLICY vii

ACRONYMS

ADR Alternative Dispute Resolution

CSOs Civil Society Organisations

DEC Drug Enforcement Commission

DIHR Danish Institute for Human Rights

HIV Human Immunodeficiency Virus

EU European Union

GIZ Deutsche Gesellschaft für Internationale Zusammenarbeit

HRC Human Rights Commission

LAB Legal Aid Board

LASP Legal Aid Service Provider

LAZ Law Association of Zambia

LL.B Bachelor of Laws Degree

LSUs Legal Services Units

MCDSS Ministry of Community Development and Social Services

MLSS Ministry of Labour and Social Security

MoJ Ministry of Justice

MoU Memorandum of Understanding

NIPA National Institute of Public Administration

NLACW National Legal Aid Clinic for Women

NPA National Prosecution Authority

PACRA Patents And Companies Registration Agency

PAN Paralegal Alliance Network

PLEED Programme for Legal Empowerment and Enhanced Justice Delivery

TEVETA Technical Education, Vocational and Entrepreneurship Training Authority

ZCEA Zambia Civic Education Association

ZCS Zambia Correctional Service

ZIALE Zambia Institute of Advanced Legal Education

ZLDC Zambia Law Development Commission

ZPS Zambia Police Service


CHAPTER ONE

1 INTRODUCTION

The Government of the Republic of Zambia has committed itself to enhancing equal access to justice particularly for the poor and vulnerable people, as part of its efforts to observe the rule of law and adhere to human rights, in line with the Seventh National Development Plan 2017-2021 and the National Vision 2030 of the Republic of Zambia.

Access to justice is generally understood as the ability of people to seek and obtain a remedy through formal or informal institutions of justice, and in conformity with human rights standards. It goes beyond mere access to institutions and covers the whole process leading from grievance to remedy.

Access to justice is a fundamental human right in itself and essential for the protection and promotion of all other civil, cultural, economic, political and social rights. Without effective and affordable access to justice, people are denied the opportunity to claim their rights or challenge crimes, abuses or human rights violations committed against them.

Enhancement of access to justice necessitates effective provision of legal aid. Legal aid is understood as encompassing the provision to a person, group or community, by or at the instigation of state or non-state actors, of legal education, information, advice, assistance, representation and mechanisms for alternative dispute resolution. This understanding of legal aid has been recognised internationally through the United Nations Principles and Guidelines on Access to Legal Aid in Criminal Justice Systems adopted by the United Nations General Assembly in December 2012.

The provision of legal aid in Zambia has been affected by the absence of a comprehensive national Legal Aid Policy and a corresponding implementation framework to guide the provision of legal aid services by all legal aid service providers, including non-state actors.

The Government of Zambia has endeavoured to remedy the current gaps in the provision of legal aid by adopting a national Legal Aid Policy (hereafter referred to as the “Legal Aid Policy”) supported by appropriate legislation and regulations, installing a comprehensive legal aid system that is accessible, effective, credible and sustainable. On this basis, the Legal Aid Policy establishes a renewed regulatory and implementation framework for the provision, administration, coordination, regulation and monitoring of legal aid in Zambia.

The efficient and effective delivery of legal aid services will in turn enhance equal access to justice for the poor and vulnerable people in Zambia, in line with Zambia’s national and international commitments.

The development of the Legal Aid Policy followed an inclusive approach based on extensive consultations involving institutions and stakeholders at provincial and national levels. The process was led by the Ministry of Justice and the Legal Aid Board (LAB). The participants in the consultations included Cabinet Office, ministries and other state institutions, offices of provincial ministers, the Law Association of Zambia (LAZ), universities and other higher educational institutions, and more

2 NATIONAL LEGAL AID POLICY

than 25 Civil Society Organisations (CSOs). The process involved 15 workshops for the Technical Working Group and other consultations carried out between November 2016 and April 2018.

This policy document is divided into five chapters. Chapter One covers the introduction and outlines the concept of access to justice and the provision of legal aid as a means of enhancing access to justice. Chapter Two gives the situation analysis wherein the issues and obstacles that impede the effective and efficient delivery of legal aid services are identified. Chapter Three sets out the vision pursued by the Legal Aid Policy and gives the rationale and guiding principles on which the Legal Aid Policy is founded. Chapter Four specifies the objectives of the Legal Aid Policy and states the policy measures required to attain the set objectives. Chapter Five sets out the implementation framework outlining the mechanisms necessary for effective and efficient policy implementation.


CHAPTER TWO

________________________________________________________________

2 SITUATION ANALYSIS

2.1 SCOPE OF LEGAL AID SERVICES

The foundation for legal aid in Zambia stems from the Constitution as provided in Article 18 of the Bill of Rights. The Article enshrines the right to a fair hearing within a reasonable time by an independent and impartial court established by law. Based on principles of equality before the law and the presumption of innocence, the Constitution provides for a number of guarantees necessary for the defence of anyone charged with a penal offence (Article 18 of the Bill of Rights) as well as protection from discrimination (Article 23 of the Bill of Rights) and protection from inhuman treatment (Article 15 of the Bill of Rights).

Subsequent legislation, in this case the Legal Aid (Amendment) Act No. 19 of 2005 (hereinafter referred to as the “Legal Aid Act”), provides further guidance on when legal aid should be provided.

The Legal Aid Act establishes the Legal Aid Board (LAB) as a public institution mandated with the provision of legal aid to persons whose means are not sufficient to engage legal practitioners in private practice to represent them before the courts of law. Section 3(1) of the Legal Aid Act defines the scope of legal aid provided by the LAB as:

a) “the assistance of a practitioner including all such assistance as is usually given by a practitioner in the steps preliminary or incidental to any proceedings or in arriving at or giving effect to a compromise to avoid or bring to an end any proceedings; and

b) representation in any court.”

Legal aid under the Legal Aid Act can include not only all assistance given preliminary or incidental to actual proceedings, but also assistance given out of court to avoid proceedings by arriving at a compromise or giving effect to any such compromise. However, the definition of legal aid in the Legal Aid Act lacks clarity, since it does not specifically mention primary legal aid services consisting of legal education, legal information, legal advice and Alternative Dispute Resolution (ADR) as falling within the scope of the legal aid system, but only indirectly refers to them. Considering the extensive range of legal aid services provided by the LAB and other Legal Aid Service Providers (LASPs), it would be essential for purposes of policy and strategy that the wider definition of legal aid is taken into account.

2.2 LIMITED LEGAL AWARENESS AMONGST THE POPULATION

Awareness levels on the law and the available legal remedies and protections amongst the population are generally low, with an additional lack of knowledge on where to seek assistance when confronted with a legal issue.


In the criminal justice system, legal information and advice in police stations, police posts, correctional facilities and at court level are largely absent. Further, responsible officers at the Judiciary, the National Prosecution Authority (NPA), the Zambia Correctional Service (ZCS), the Zambia Police Service (ZPS) and other law enforcement institutions are under no obligation to inform unrepresented persons on their right to legal aid, neither are they obliged to assist them, when incarcerated, in contacting the LAB in order to apply for legal aid. This leaves many suspects and inmates unable to claim their rights.

At community level, women and other vulnerable people including children face significant violations of their rights in a wide range of justice matters, often related to family life and property ownership. This includes human rights violations in the context of the family, gender-based and domestic violence, as well as discriminatory practices imposed on women and various forms of child abuse and child labour. It also involves land and property related issues such as denial of property upon divorce, property grabbing at succession, and undue restrictions in accessing land. As legal education and information on the law and the available legal remedies and protections is not provided in a consistent manner to the population, most cases of women’s and children’s rights violations and gender-based violence are not reported to the formal justice system. In practice, the vast majority of disputes are settled locally according to customary law which is often discriminatory against women and children.

2.3 INSUFFICIENT GEOGRAPHIC COVERAGE OF THE LEGAL AID SYSTEM

The LAB has a total of 12 offices country wide, reaching out to all provinces in Zambia with one LAB provincial office per province, and two LAB district offices, one in Copperbelt province and another one in Southern province. The LAB provides services at all courts of law in Zambia in both criminal and civil cases. However, the focus is on criminal cases in the higher courts (High Court, Court of Appeal, Supreme Court). This is due to serious constraints at the LAB with regards to human resources capacity and financial resources. Further, the LAB is faced with high staff turnover due to unattractive conditions of service. As at April 2018, the LAB has 27 legal practitioners and 5 legal aid assistants as members of staff (against 86 in the LAB current approved establishment), against the population of more than 17 million. This makes a ratio of 1 LAB lawyer (including LAB legal practitioners and legal aid assistants) to 530,000 persons. Some provinces only have one LAB legal practitioner for the whole province covering over 1,000,000 persons. In 2016, the LAB received 8,938 applications for legal aid out of which 4,599 were granted legal aid (including cases referred to the LAB by the courts of law) while the other applicants were provided with legal information and advice only.

The limited geographic coverage of the LAB has created a significant gap in ensuring that citizens access the legal aid system. Civil Society Organisations (CSOs) and their affiliated paralegals have tried to remedy this situation by providing legal aid services at community level and at varying levels of the justice system in Zambia. However, the number of CSOs providing legal aid services is limited and there are no university law clinics in existence. The number of active paralegals, which is in the range of 500 countrywide, is still insufficient to adequately cater for the legal aid needs.

Furthermore, the role of CSOs in providing legal aid services is not formally recognised in any piece of legislation. This restricts their effective mobilisation and coordination with the LAB and other Legal Aid Service Providers (LASPs). It also limits the level of cooperation between all LASPs and other institutions such as the Judiciary, the Zambia Correctional Service (ZCS) and the Zambia Police Service (ZPS) for the provision of legal aid services at all levels of the justice system.


2.4 LIMITED ROLE OF THE LEGAL PROFESSION IN THE DELIVERY OF LEGAL AID SERVICES

The country has few registered legal practitioners. There are approximately 1,500 legal practitioners registered in 2018 at the Law Association of Zambia (LAZ), which makes a ratio of 1 legal practitioner to 11,300 persons. Most legal practitioners that are in private practice are concentrated in Lusaka and in a few other major towns in Zambia (primarily Kitwe and Ndola in Copperbelt province, to a lesser extent in Kabwe, Livingstone and Chipata in Central, Southern and Eastern provinces respectively), focusing on court work and providing legal services that most citizens cannot afford.

The LAB-managed Judicare system is restricted as there are insufficient funds available and the incentives for legal practitioners to take on cases under the Judicare system are limited. In addition, efforts by the LAZ to establish a functioning pro bono framework have so far been unsuccessful and only a very limited number of legal practitioners take on pro bono work.

2.5 UNREGULATED PROVISION OF LEGAL AID SERVICES PROVIDED BY PARALEGALS AND LAW DEGREE HOLDERS

Paralegals and law degree holders not admitted to the bar in Zambia operate in an environment without formal recognition of their work and the contribution they make to access to justice. As a result, there is no standardised regulatory regime in place to ensure the competence and accountability of paralegals and law degree holders when providing legal aid services.

For instance, the duration of the initial training provided by CSOs to their affiliated paralegals range from less than a week to eighteen months, with the majority of CSOs providing not more than five to ten days initial training. Refresher or in-service training is also not systematic. CSOs working with paralegals face additional challenges in terms of institutional funding and technical weaknesses that further affect their capacity to adequately supervise, monitor and support their paralegals.

Further, there is no uniform quality assurance framework that applies to paralegals and law degree holders volunteering at paralegal CSOs. The types of legal aid services that paralegals can provide are not linked to any qualification requirements while in practice, some paralegals provide the full spectrum of legal services (except representation in court) despite limited levels of training and supervision. Similarly, there is no regulator in place setting quality standards, professional ethics and disciplinary processes for paralegals and law degree holders providing legal aid services. This compromises the quality of the legal aid services provided by paralegals and law degree holders and makes legal aid unregulated if not provided by the LAB or legal practitioners in private practice.

2.6 LIMITED INSTITUTIONAL CAPACITY IN OPERATING A COMPREHENSIVE LEGAL AID SYSTEM

The mandate of the LAB is limited to the provision of legal aid and the administration of the Legal Aid Fund as prescribed in the Legal Aid Act. It does not include aspects of coordination, regulation and monitoring of the legal aid system, which are required to set up an efficient and effective delivery scheme of legal aid services in the country.

Consequently, the LAB lacks the institutional structures and internal organisation needed for further development of legal aid in Zambia. For instance, the LAB does not have a multi stakeholder committee working on issues related to CSOs and paralegals providing legal aid services. The functions of the LAB Secretariat are limited to the representation of persons granted legal aid under the Legal Aid Act, the financial management of the Legal Aid Fund and other administrative aspects.


The current legal aid institutional set-up is also characterised by insufficient levels of engagement and participation of the different key institutions involved. At national level, the Board of the LAB does not have a representative from CSOs providing legal aid services, despite the essential role played by CSOs and their affiliated paralegals in the delivery of legal aid services. This in turn adversely impacts the efficiency and effectiveness of the legal aid system countrywide.


CHAPTER THREE

_______________________________________ _________________________

3 VISION, RATIONALE AND GUIDING PRINCIPLES

3.1 VISION

“A Zambia where equal access to justice for the poor and vulnerable people is provided through efficient and effective delivery of legal aid services.”

3.2 RATIONALE

The majority of the poor and vulnerable people in Zambia currently have limited access to legal aid services. This means that the rights to legal assistance, legal representation and equality before the law as set out in the Constitution are not adequately fulfilled in practice.

The Legal Aid Policy lays the foundation for the establishment of a comprehensive legal aid system in Zambia that is accessible, effective, credible and sustainable.

It widens the scope of legal aid services so as to include both primary and secondary legal aid. The Legal Aid Policy recognises the role of CSOs in providing legal aid services through paralegals and law degree holders, the additional contribution from university law clinics and legal practitioners providing legal aid services on a pro bono basis, and puts emphasis on the effective mobilisation and coordination of all Legal Aid Service Providers (LASPs) including state and non-state actors. It supports increased awareness on the law and legal aid services amongst the population in order to empower people to claim their rights and obtain remedies.

Furthermore, currently anyone could provide paralegal services and advise people on legal matters as long as they provide these services without a fee. As there are no regulations on paralegals, their qualifications and the services they are providing, there is the inherent risk that people follow unsubstantiated advice which might have severe implications. The Legal Aid Policy therefore aims at establishing a quality assurance framework for paralegals and law degree holders providing legal aid services with standards on qualification, training and registration requirements, as well as a regulator providing professional ethics and supervisory and disciplinary processes.

The Legal Aid Policy provides for the further decentralisation of the LAB to more districts and a strengthened legal aid institutional framework with the mandate and functions of the LAB being expanded to include not only the provision and administration of legal aid, but also the coordination, regulation and monitoring of the legal aid system. The institutional scheme is based on inclusiveness with increased engagement, participation and consultation of the different key institutions involved in order to maximise the effectiveness and impact of the legal aid scheme.

Overall, the Legal Aid Policy recognises the duty and responsibility of the State to provide for legal aid, which includes the enactment of specific legislation and regulations, ensuring that a comprehensive legal aid system is in place and that the State allocates the necessary human and financial resources to the legal aid system.


The efficient and effective delivery of legal aid services will in turn enhance equal access to justice for the poor and vulnerable people in Zambia, in line with Zambia’s national and international commitments. Societal benefits of a broad-based legal aid system will include the elimination of unnecessary detention, speedy processing of cases, fair and impartial trials and dispute resolution, the reduction of correctional facility populations, the lowering of appeal rates, decreased reliance on a range of social services, the advancement of social and economic rights, and greater social harmony, as outlined in the United Nations Principles and Guidelines on Access to Legal Aid in Criminal Justice Systems.

3.3 GUIDING PRINCIPLES

The implementation of the Legal Aid Policy is founded on the following national values and principles as enshrined in the Constitution:

i. Rule of law: Legal aid is an essential element of a functioning justice system that is based on the rule of law, a foundation for the enjoyment of other rights, including the right to a fair trial, and an important safeguard that ensures fundamental fairness and public trust in the justice system;

ii. Human dignity, social justice and inclusiveness: The legal aid system serves the poor and vulnerable people in Zambia. Vulnerability of the person may be in relation to disability, remanded persons or otherwise deprived of liberty, minors, victims of sexual, domestic or gender-based violence, persons living with HIV or other severe chronic diseases, refugees, internally displaced persons, asylum-seekers, members of economically and socially disadvantaged groups and as further prescribed by the LAB;

iii. Equality and non-discrimination: Decisions on the granting of legal aid shall be made objectively, based on the means test and interests of justice principle as prescribed in the Legal Aid Policy and Legal Aid Act, and shall not be influenced by any discriminatory bias, be it on grounds of age, race, colour, gender, language, religion or belief, political or other opinion, national or social origin, citizenship or domicile, birth, education, social, economic or other status;

iv. Partnerships: The effective and efficient provision of legal aid services requires the strengthening of cooperation and coordination mechanisms between all categories of Legal Aid Service Providers (LASPs) and with other institutions and stakeholders so as to ensure close collaboration and to maximise the impact of legal aid;

v. Transparency and accountability: The legal aid system shall be administered in an open and accountable manner with the engagement and participation of all relevant stakeholders including state and non-state actors in the management structures of the legal aid institutional framework;

vi. Morality and ethics: The Legal Aid Policy establishes a quality assurance framework for LAB legal practitioners, legal aid assistants, legal assistants (law degree holders) and paralegals. This includes setting up standards for the registration, qualification, conduct and professional ethics, and disciplinary processes applicable to LAB legal practitioners, legal aid assistants, legal assistants and paralegals. This will enhance their competence and accountability when delivering legal aid services; and


vii. Sustainable development: As per the United Nations Sustainable Development Goal (SDG) 16 “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 Legal Aid Policy establishes a comprehensive legal aid system in Zambia that is accessible, effective, credible and sustainable. It strengthens the role and institutional capacity of the LAB to adequately manage the legal aid system. It also strengthens the role of other justice institutions and stakeholders in supporting the efficient and effective operation of the legal aid system. Overall, the Legal Aid Policy lays the foundation for the continued and sustained delivery of legal aid services to the poor and vulnerable people in Zambia, enabling them to claim their rights and seek remedies, and supporting the long-term social and economic development of the country.


CHAPTER FOUR________________________________________________________________

4 POLICY OBJECTIVES AND MEASURES

4.1 OVERALL OBJECTIVE

The overall objective of the Legal Aid Policy is to ensure efficient and effective delivery of legal aid services to the poor and vulnerable people in Zambia.

4.2 SPECIFIC OBJECTIVES AND POLICY MEASURES

The Legal Aid Policy pursues the following specific objectives and related policy measures:

Objective 1. To widen the scope of legal aid services for the provision of the full spectrum of legal services to the poor and vulnerable people.

Policy Measures

In order to attain the above objective, the Government will:

1.1 Establish a mixed legal aid delivery system involving relevant justice stakeholders in complementary legal aid service delivery models; and

1.2 Review and design appropriate application processes and eligibility standards of accessing legal aid.

Objective 2. To enhance awareness on the law and legal aid services amongst the population to empower people to claim their rights and obtain remedies.

Policy Measures


1.1 Promote legal education and awareness campaigns to members of the public through Legal Aid Service Providers; and

1.2 Support the development of guidelines on the duty for state institutions to inform persons on their right to legal aid and the availability of legal aid services.

Objective 3. To increase the geographic coverage of the legal aid system by involving Civil Society Organisations and university law clinics as Legal Aid Service Providers.

Policy Measures


1.1 Recognise and regulate Civil Society Organisations and university law clinics to ensure their accountability as providers of legal aid services; and

1.2 Establish mechanisms for coordination and cooperation among the various Legal Aid Service Providers and with other institutions and stakeholders.


Objective 4. To strengthen the complementary role of the legal profession in the delivery of legal aid services.

Policy Measure


1.1 Promote the establishment of a comprehensive pro bono framework for an increased number of legal practitioners to provide legal aid services on a pro bono basis.

Objective 5. To enhance the competence and accountability of paralegals, legal assistants (law degree holders) and legal aid assistants ensuring quality in the legal aid services delivered.

Policy Measures


1.2 Recognise the role of paralegals at various levels of qualification and legal assistants and the types of legal aid services provided; and

1.3 Establish a quality assurance framework and a regulator for paralegals, legal assistants and legal aid assistants.

Objective 6. To strengthen institutional capacity in order to adequately manage a comprehensive legal aid system in Zambia.

Policy Measures


1.1 Strengthen the Legal Aid Board by widening its mandate;

1.2 Enhance the institutional structures and internal organisation of the Legal Aid Board by further decentralising its operation and services and establishing additional committees, units and departments under the Legal Aid Board; and

1.3 Strengthen the role of relevant justice institutions and other stakeholders in supporting the efficient and effective operation of the legal aid system in Zambia.


CHAPTER FIVE

5 IMPLEMENTATION FRAMEWORK

5.1 INSTITUTIONAL ARRANGEMENTS

The following measures are required in the legal aid institutional set-up in order to enable efficient and effective implementation of the Legal Aid Policy.

5.1.1 MANDATE AND FUNCTIONS OF THE LEGAL AID BOARD

i. The Legal Aid Board (LAB) shall have the overall responsibility and mandate for the provision, administration, coordination, regulation and monitoring of the whole legal aid system in Zambia;

ii. In order to reflect the widened mandate of the LAB, it is proposed that the composition of the Board of the LAB be reviewed and include one representative from accredited Civil Society Organisations (CSOs) providing legal aid in addition to a representative of the LAZ. This will ensure the engagement and participation of accredited CSOs in the development of the legal aid system in Zambia;

iii. It is proposed that the LAB exercises core functions as prescribed under the Legal Aid Act with the following additional core functions:a. Accredit CSOs and university law clinics desiring to provide legal aid, in accordance

with accreditation procedures and criteria as prescribed by the LAB;b. Regulate the provision of legal aid services by legal aid assistants, legal assistants and

paralegals; c. Establish and maintain a long-term financial resources mobilisation mechanism; d. Oversee the provision of legal aid; ande. Undertake research on aspects of legal aid;

iv. The LAB shall, in the performance of its functions, be independent of the direction or control of any person or authority except as otherwise prescribed under the Legal Aid Act.

5.1.2 PARALEGAL STANDING COMMITTEE AT THE LEGAL AID BOARD

i. In order to cater for additional functions related to the accreditation of Legal Aid Service Providers (LASPs) and the regulation of paralegals, it is proposed that the LAB constitutes a multi stakeholder Paralegal Standing Committee which will include paralegals, CSOs, legal practitioners, representatives from the LAB and other relevant institutions as constituted by the LAB;

ii. It is proposed that the LAB Paralegal Standing Committee carries out the following functions as delegated by the LAB: a. Advise the LAB on the further development of quality assurance mechanisms for

paralegals, including registration requirements, training scheme, quality standards and professional ethics, and disciplinary process;


b. Review the application for registration of paralegals levels 3, 2 and 1, and instruct the LAB Secretariat to issue certificates to applications that fulfil the registration criteria; and

c. Perform such other functions as may be assigned to it by the LAB.

5.1.3 SECRETARIAT OF THE LEGAL AID BOARD

i. It is proposed that the LAB Secretariat exercises functions as prescribed under the Legal Aid Act with the following additional functions:

a. Issue accreditation to CSOs and university law clinics; b. Register legal aid assistants, legal assistants and paralegals and issue certificates; c. Establish and maintain a Register of Accredited CSOs and University Law Clinics, a

Register of Legal Aid Assistants, a Register of Legal Assistants, a Register of Paralegals, and a Directory of Legal Aid Board Offices and Accredited Legal Desks;

d. Serve as secretariat to the LAB Paralegal Standing Committee; ande. Develop guidelines, templates and formats as required under the Legal Aid Policy or

the Legal Aid Act;

ii. The LAB Secretariat may perform additional functions as assigned to it by the LAB. This may include tasks related to further development and implementation of quality assurance mechanisms and regulation of legal aid assistants, legal assistants and paralegals, the monitoring of the legal aid system and its longer-term development including financial resources mobilisation;

iii. The LAB shall organise the internal structures, departments and units of the LAB Secretariat so as to fulfil the functions assigned to the LAB Secretariat as prescribed under the Legal Aid Act and as further assigned to it by the LAB;

iv. The LAB may, on such terms and conditions as may be determined by the LAB with the approval of the Minister of Justice, appoint legal practitioners, legal aid assistants, paralegals and other managerial, administrative and support staff for the LAB as it considers necessary for the performance of its functions;

v. Conditions of service for the LAB staff shall take into account market related remuneration for comparable positions or work so as to promote job satisfaction and stability of staff.

5.1.4 DUTY TO INFORM PERSONS ON THEIR RIGHT TO LEGAL AID

i. Police officers, correctional facility officers, prosecutors, judges, magistrates and other law enforcement officers shall inform an unrepresented person in police stations or posts, correctional facilities and courts who appears to have insufficient means to pay for legal services of that person’s right to legal aid and of other procedural safeguards and may advise the person to seek legal aid by contacting the LAB or a Legal Services Unit (LSU), or grant of legal aid by the courts;

ii. Information on the rights of a person suspected of or charged with a criminal offence in a criminal justice process and on the availability of legal aid services shall be provided to suspects or accused persons in an official form prior to any questioning or at the time of deprivation of liberty;


iii. Police and correctional facility officers shall facilitate and assist an unrepresented detained person, who appears to have insufficient means to pay for legal services, to contact the LAB or an LSU and apply for legal aid.

5.1.5 ESTABLISHMENT OF A TRAINING SCHEME FOR PARALEGALS

i. The TEVETA shall develop a training scheme in paralegal studies for three levels of qualification of paralegals organised as follows:

a) Level 3: Paralegal skills award level; b) Level 2: Paralegal trade test level 2; and c) Level 1: Paralegal certificate level;

ii. The TEVETA training scheme in paralegal studies shall, for each level of qualification of paralegals, set exemptions based on past training received on paralegalism or other relevant qualification, and prior experience as a paralegal.

5.2 LEGAL FRAMEWORK

In accordance with the institutional arrangements as set up under the Legal Aid Policy, the Government shall facilitate the review of various pieces of legislation, codes, regulations and guidelines relating to legal aid provision in order to develop a supportive and effective regulatory framework in accordance with the Legal Aid Policy. The most relevant piece of legislation which requires reviewing is the Legal Aid Act:

5.2.1 THE LEGAL AID ACT

i. The Legal Aid Act shall be amended in line with the Legal Aid Policy so as to:

a) Widen the scope of legal aid and service delivery models of legal aid so as to include both primary and secondary legal aid in the types of legal services supported by the legal aid system;

b) Revise the composition and expand the mandate and functions of the LAB;c) Formally recognise CSOs and university law clinics in the provision of legal aid, specify

their roles and responsibilities, and require them to get accredited at the LAB; d) Formally recognise legal assistants and paralegals organised in three levels of

qualification, specify the types of legal aid services that each category provides, and require them to register with the LAB and be subject to LAB quality standards, professional ethics and disciplinary process;

e) Establish the disciplinary processes for legal aid assistants, legal assistants and paralegals;

f ) Prescribe effective remedies available to persons who have not been adequately informed of their right to legal aid or appropriately assisted in contacting the LAB or an LSU to apply for legal aid as specified under part 5.1.4 of the Legal Aid Policy; and

g) Integrate other changes and innovations as prescribed under the Legal Aid Policy.


5.2.2 OTHER LEGISLATION AND REGULATIONS

The LAB and the LAZ may propose further amendments to legislation and regulations that enhance access to justice and legal aid and maximise the impact of the Legal Aid Policy, and engage the relevant ministries and institutions in this regard.

5.3 RESOURCE MOBILISATION AND FINANCING

Implementation of the Legal Aid Policy will require increased budgetary allocations. The Legal Aid Policy recognises that the State bears the primary responsibility for allocating the necessary financial resources to the legal aid system.

5.3.1 LEGAL AID FUNDING BASE

i. The types of resources contributing to the state legal aid funding base shall include:

a) Monies from the state budget appropriated by Parliament for administration of the LAB and the Legal Aid Fund;

b) Grants including donor funding, loans, donations, bequests or other contributions made to the LAB;

c) Monies generated by the LAB in the course of its activities and which shall be paid into and shall form part of the Legal Aid Fund. These include:a. Consultation fees paid by legal aid applicants;b. Contribution fees paid by legally aided persons;c. Deductions from awards to legally aided persons; d. Costs awarded to legally aided persons; ande. Licensing fees.

5.3.2 RESOURCE MOBILISATION AND ADMINISTRATION

i. Funds of the LAB shall cover:

a) Salaries, allowances, loans, gratuities and pensions of staff of the LAB and other payments for the recruitment and retention of staff;

b) Such reasonable travelling and subsistence allowances for members of the LAB and members of a committee of the LAB when engaged on the business of the LAB, at such rates as may be determined by the LAB with the approval of the Minister of Justice; and

c) Any other expenses incurred by the LAB in the performance of its functions;

ii. The Legal Aid Fund shall be administered and managed by the LAB to finance the provision of legal representation through the LAB offices and the LSUs, and legal practitioners providing legal aid services under the Judicare system;

iii. In securing State resources needed for the implementation of the Legal Aid Policy, the LAB may engage Parliamentarians and relevant ministries to advocate for an increase in the level of state funding for legal aid;

iv. The LAB shall develop a long-term financial resources mobilisation mechanism so as to organise a solid and sustainable funding base for state legal aid with dedicated resources commensurate with needs.


5.4 MONITORING AND EVALUATION OF THE LEGAL AID POLICY

i. The LAB shall develop a monitoring and evaluation strategy for approval by the Ministry of Justice so as to provide a systematic and continuous assessment by the LAB of the progress made in the implementation of the Legal Aid Policy, combined with periodic external evaluation by the Ministry of Justice to analyse the effectiveness, efficiency, relevance, impact and sustainability of the Legal Aid Policy;

ii. The monitoring and evaluation strategy shall outline the specific roles, tasks and responsibilities of the different Legal Aid Service Providers (LASPs) and other institutions in terms of information gathering and transmission to the LAB.

5.5 DISSEMINATION OF THE LEGAL AID POLICY AND COMMUNICATION OF LEGAL AID SERVICES

i. Upon adoption of the Legal Aid Policy, the LAB shall disseminate information on the Legal Aid Policy and communicate available legal aid services. In this process, the LAB may consider using the following measures:

a) Hard and soft copies of the Legal Aid Policy circulated to state institutions, LASPs and other stakeholders at national, provincial and district level, donors and regional and international forums and networks;

b) Posting of the Legal Aid Policy on state institutions, LASPs and stakeholders’ websites;c) Documentaries on television, radio discussion, electronic and print media programmes;

andd) Sensitisation meetings with stakeholders at national, provincial and district level to

present the Legal Aid Policy, its key features and available legal aid services;

ii. The LAB shall establish and maintain a Directory of Legal Aid Board Offices and Accredited Legal Desks with relevant information on offices and legal desks operated by LASPs and available legal aid services. The Directory of Legal Aid Board Offices and Accredited Legal Desks shall be made available, at no fee, by the LAB to members of the public, including at community level, courts, correctional facilities, police stations and police posts;

iii. The LAB shall further develop a communication strategy with indication of the possible contributions from the different LASPs and other institutions in disseminating information on legal aid.


AN

NEX

1: I

MPL

EMEN

TATI

ON

PLA

N O

F TH

E N

ATIO

NA

L LE

GA

L A

ID P

OLI

CY

Mea

sure

sAc

tiviti

esO

utpu

t Ind

icat

or

Targ

ets

Resp

onsi

ble

Uni

tRe

sour

ces

Estim

ates

(Z

MW

)Ba

se

Year

2018

2019

2020

2021

2022

Spec

ific

Obj

ecti

ve 1

: To

wid

en th

e sc

ope

of le

gal a

id s

ervi

ces

for t

he p

rovi

sion

of t

he fu

ll sp

ectr

um o

f leg

al s

ervi

ces

to th

e po

or a

nd v

ulne

rabl

e pe

ople

Mea

sure

1.1

Esta

blis

h a

mix

ed

lega

l aid

del

iver

y sy

stem

invo

lvin

g re

leva

nt ju

stic

e st

akeh

olde

rs in

co

mpl

emen

tary

le

gal a

id s

ervi

ce

deliv

ery

mod

els

1.

Esta

blis

h ad

ditio

nal

Lega

l Ser

vice

s U

nits

(LSU

s) a

t Su

bord

inat

e Co

urt

leve

l

Num

ber o

f LSU

s es

tabl

ishe

d at

Su

bord

inat

e Co

urt

leve

l

6 7

8 10

12

14

Le

gal A

id B

oard

(LA

B),

accr

edite

d Ci

vil S

ocie

ty

Org

anis

atio

ns (C

SOs)

, Ju

dici

ary,

Min

istr

y of

Ju

stic

e (M

oJ),

Min

istr

y of

Fi

nanc

e

13,6

23,6

84

2.

Esta

blis

h LS

Us

at

Hig

h Co

urt l

evel

Num

ber o

f LSU

s es

tabl

ishe

d at

H

igh

Cour

t lev

el

0 1

2 3

4 5

LAB,

acc

redi

ted

CSO

s, Ju

dici

ary,

MoJ

, Min

istr

y of

Fin

ance

9,55

1,31

6

3.

Esta

blis

h ad

ditio

nal d

esks

at

corr

ectio

nal f

acili

ty

leve

l

Num

ber o

f leg

al

desk

s es

tabl

ishe

d at

cor

rect

iona

l fa

cilit

y le

vel

6 6

6 7

8 9

Acc

redi

ted

CSO

s, L

AB,

Za

mbi

a Co

rrec

tiona

l Se

rvic

e (Z

CS),

Dru

g En

forc

emen

t Co

mm

issi

on (D

EC),

Dep

artm

ent o

f Im

mig

ratio

n, o

ther

law

en

forc

emen

t ins

titut

ions

1,53

0,00

0

4.

Esta

blis

h ad

ditio

nal d

esks

at

polic

e st

atio

n le

vel

Num

ber o

f leg

al

desk

s es

tabl

ishe

d at

pol

ice

stat

ion

leve

l

1 1

1 2

3 4

Acc

redi

ted

CSO

s, L

AB,

Za

mbi

a Po

lice

Serv

ice

(ZPS

), D

EC, D

epar

tmen

t of

Imm

igra

tion,

oth

er

law

enf

orce

men

t in

stitu

tions

1,53

0,00

0


Mea

sure

sAc

tiviti

esO

utpu

t Ind

icat

orTa

rget

sRe

spon

sibl

e U

nit

Reso

urce

s Es

timat

es

(ZM

W)

Base

Ye

ar20

1820

1920

2020

2120

22

5.

Esta

blis

h ad

ditio

nal

CSO

s le

gal d

esks

at

com

mun

ity le

vel,

incl

udin

g in

rura

l, pe

ri-ur

ban

or u

rban

ar

eas,

prio

ritis

ing

area

s w

here

the

need

s in

term

s of

le

gal a

id s

ervi

ces

are

high

est

Num

ber o

f CSO

s le

gal d

esks

at

com

mun

ity le

vel

esta

blis

hed

9191

9196

101

106

Acc

redi

ted

CSO

sN

/A

6.

Esta

blis

h un

iver

sity

la

w c

linic

s

Num

ber o

f un

iver

sity

law

clin

ics

esta

blis

hed

01

23

45

Uni

vers

itie

s w

ith

a sc

hool

of l

aw, o

ther

hi

gher

edu

cati

onal

in

stit

utio

ns p

rovi

ding

le

gal e

duca

tion

N/A

Mea

sure

1.2

Revi

ew

and

desi

gn

appr

opri

ate

appl

icat

ion

proc

esse

s an

d el

igib

ility

st

anda

rds

of

acce

ssin

g le

gal

aid

7.

Dev

elop

gui

delin

es

for l

egal

aid

ap

plic

ants

on

how

to

app

ly fo

r leg

al a

id

Leve

l of p

rogr

ess

in d

evel

opin

g gu

idel

ines

for l

egal

ai

d ap

plic

ants

075

%10

0%10

0%10

0%10

0%

LAB

30,0

00

8.

Dev

elop

gui

delin

es

for L

AB

resp

onsi

ble

office

rs o

n th

e re

view

of

appl

icat

ions

for

lega

l aid

and

the

appl

icat

ion

of th

e m

eans

test

and

the

inte

rest

s of

just

ice

prin

cipl

e

Leve

l of p

rogr

ess

in d

evel

opin

g gu

idel

ines

on

the

revi

ew o

f ap

plic

atio

ns fo

r le

gal a

id a

nd th

e ap

plic

atio

n of

the

mea

ns te

st a

nd th

e in

tere

sts

of ju

stic

e pr

inci

ple

075

%10

0%10

0%10

0%10

0%

LAB,

Min

istr

y of

Com

mun

ity

Dev

elop

men

t and

Soc

ial

Serv

ices

(MCD

SS)

50,0

00


Mea

sure

sAc

tiviti

esO

utpu

t Ind

icat

or

Targ

ets

Resp

onsi

ble

Uni

tRe

sour

ces

Estim

ates

(Z

MW

)Ba

se

Year

2018

2019

2020

2021

2022

Spec

ific

Obj

ecti

ve 2

: To

enha

nce

awar

enes

s on

the

law

and

lega

l aid

ser

vice

s am

ongs

t the

pop

ulat

ion

to e

mpo

wer

peo

ple

to c

laim

thei

r rig

hts

and

obta

in re

med

ies

Mea

sure

2.1

Prom

ote

lega

l ed

ucat

ion

and

awar

enes

s ca

mpa

igns

to

mem

bers

of

the

publ

ic

thro

ugh

Lega

l A

id S

ervi

ce

Prov

ider

s (L

ASP

s)

1.

Carr

y ou

t leg

al

educ

atio

n an

d in

form

atio

n pr

ogra

mm

es fo

r m

embe

rs o

f the

pu

blic

thro

ugh

LASP

s

Num

ber o

f leg

al

educ

atio

n an

d in

form

atio

n pr

ogra

mm

es fo

r m

embe

rs o

f the

pu

blic

car

ried

out b

y LA

SPs

N/A

1020

3040

50LA

B, a

ccre

dite

d CS

Os,

ac

cred

ited

univ

ersi

ty la

w

clin

ics

300,

000


Mea

sure

sAc

tiviti

esO

utpu

t Ind

icat

orTa

rget

sRe

spon

sibl

e U

nit

Reso

urce

s Es

timat

es

(ZM

W)

Base

Ye

ar20

1820

1920

2020

2120

22

Mea

sure

2.2

Supp

ort t

he

deve

lopm

ent

of g

uide

lines

on

the

duty

fo

r sta

te

inst

itut

ions

to

info

rm

pers

ons

on

thei

r rig

ht to

le

gal a

id a

nd

the

avai

labi

lity

of le

gal a

id

serv

ices

2.

Dev

elop

gui

delin

es fo

r re

spon

sibl

e offi

cers

(p

olic

e offi

cers

, co

rrec

tiona

l fac

ility

offi

cers

, pro

secu

tors

, ju

dges

, mag

istr

ates

an

d ot

her l

aw

enfo

rcem

ent o

ffice

rs,

dist

rict o

ffici

als,

loca

l aut

horit

ies)

in

resp

ectiv

e in

stitu

tions

to

:a.

In

form

and

ass

ist

unre

pres

ente

d pe

rson

s in

pol

ice

stat

ions

or p

osts

, co

rrec

tiona

l fa

cilit

ies a

nd c

ourt

s on

thei

r rig

ht to

le

gal a

id a

nd o

f ot

her p

roce

dura

l sa

fegu

ards

b.

Ensu

re a

cces

s, at

no

fee,

by

mem

bers

of t

he

publ

ic, p

erso

ns

in p

olic

e cu

stod

y an

d in

mat

es to

th

e D

irect

ory

of

LAB

Offi

ces

and

Accr

edite

d Le

gal

Des

ks

Leve

l of

deve

lopm

ent o

f gu

idel

ines

on

duty

to

info

rm p

erso

ns o

n th

eir r

ight

to le

gal

aid

inst

itutio

ns

010

0%10

0%10

0%10

0%10

0%LA

B, M

oJ, Z

LDC,

ZP

S, Z

CS N

PA,

Judi

ciar

y an

d ot

her

law

enf

orce

men

t in

stitu

tions

, Dis

tric

t Ad

min

istr

atio

n, L

ocal

Au

thor

ities

320,

000

Leve

l of

deve

lopm

ent o

f gu

idel

ines

on

ensu

ring

acce

ss

to th

e D

irect

ory

of L

AB

Offi

ces

and

Accr

edite

d Le

gal

Des

ks

010

0%10

0%10

0%10

0%10

0%


Mea

sure

sAc

tiviti

esO

utpu

t Ind

icat

orTa

rget

sRe

spon

sibl

e U

nit

Reso

urce

s Es

timat

es

(ZM

W)

Base

Ye

ar20

1820

1920

2020

2120

22

Spec

ific

Obj

ecti

ve 3

: To

incr

ease

the

geog

raph

ic c

over

age

of th

e le

gal a

id s

yste

m b

y in

volv

ing

Civi

l Soc

iety

Org

anis

atio

ns (C

SOs)

and

uni

vers

ity

law

cl

inic

s as

Leg

al A

id S

ervi

ce P

rovi

ders

(LA

SPs)

Mea

sure

3.1

Reco

gnis

e an

d re

gula

te

Civi

l Soc

iety

O

rgan

isat

ions

(C

SOs)

and

un

iver

sity

la

w c

linic

s to

en

sure

thei

r ac

coun

tabi

lity

as p

rovi

ders

of

lega

l aid

se

rvic

es

1.

Dev

elop

an

accr

edita

tion

regi

me

for C

SOs

and

rela

ted

proc

edur

es

in re

port

ing

to

the

LAB

on th

e pr

ovis

ion

of le

gal

aid

serv

ices

Num

ber o

f ac

cred

ited

CSO

s 0

1015

2020

20LA

B, M

CDSS

, Pat

ents

A

nd C

ompa

nies

Re

gist

ratio

n Ag

ency

(P

ACRA

), Pa

rale

gal

Alli

ance

Net

wor

k (P

AN

)40

,000

Leve

l of r

epor

ting

to th

e LA

B on

the

prov

isio

n of

lega

l ai

d se

rvic

es b

y ac

cred

ited

CSO

s

060

%10

0%10

0%10

0%10

0%

2.

Dev

elop

an

accr

edita

tion

regi

me

for

univ

ersi

ty la

w

clin

ics

and

rela

ted

proc

edur

es in

re

port

ing

to th

e LA

B on

the

prov

isio

n of

le

gal a

id s

ervi

ces

Num

ber o

f ac

cred

ited

univ

ersi

ty la

w

clin

ics

01

23

45

LAB,

Min

istr

y of

Hig

her

Educ

atio

n20

,000

Leve

l of r

epor

ting

to th

e LA

B on

th

e pr

ovis

ion

of

lega

l aid

ser

vice

s by

acc

redi

ted

univ

ersi

ty la

w

clin

ics

060

%10

0%10

0%10

0%10

0%

3.

Esta

blis

h a

Regi

ster

of

Acc

redi

ted

CSO

s an

d U

nive

rsity

Law

Cl

inic

s

Num

ber o

f Re

gist

ers

of

Accr

edite

d CS

Os

and

Uni

vers

ity

Law

Clin

ics

esta

blis

hed

01

11

11

LAB

N/A

*

* Co

sts

cove

red

unde

r LA

B bu

dget

, see

Spe

cific

Obj

ectiv

e 6

Mea

sure

6.2


Mea

sure

sAc

tiviti

esO

utpu

t Ind

icat

orTa

rget

sRe

spon

sibl

e U

nit

Reso

urce

s Es

timat

es

(ZM

W)

Base

Ye

ar20

1820

1920

2020

2120

22

Mea

sure

3.2

Esta

blis

h m

echa

nism

s fo

r co

ordi

nati

on

and

coop

erat

ion

amon

g th

e va

riou

s Le

gal

Aid

Ser

vice

Pr

ovid

ers

(LA

SPs)

and

w

ith

othe

r in

stit

utio

ns a

nd

stak

ehol

ders

4.

Esta

blis

h a

refe

rral

sy

stem

for L

ASP

s an

d ot

her s

take

hold

ers

Num

ber o

f re

ferr

al s

yste

ms

for L

ASP

s an

d ot

her

stak

ehol

ders

es

tabl

ishe

d

01

11

11

LAB,

oth

er L

ASP

s, LA

Z, M

inis

try

of

Hea

lth, M

CDSS

, M

inis

try

of L

abou

r an

d So

cial

Sec

urity

(M

LSS)

, ZPS

, Hum

an

Righ

ts C

omm

issi

on

(HRC

), ot

her r

elev

ant

inst

itutio

ns

30,0

00

5.

Esta

blis

h an

d m

aint

ain

a Re

gist

er

of L

egal

Pra

ctiti

oner

s un

der t

he Ju

dica

re

syst

em

Num

ber o

f Re

gist

ers

of L

egal

Pr

actit

ione

rs

unde

r the

Ju

dica

re s

yste

m

esta

blis

hed

and

mai

ntai

ned

01

11

11

LAB

N/A

*

6.

Dra

w u

p a

rost

er o

f le

gal p

ract

ition

ers

volu

ntee

ring

to

unde

rtak

e pr

o bo

no le

gal a

id a

nd

com

mun

icat

e it

to

the

LAB

Num

ber o

f ro

ster

s of

lega

l pr

actit

ione

rs

volu

ntee

ring

to u

nder

take

pr

o bo

no

draw

n up

and

co

mm

unic

ated

to

the

LAB

01

11

11

LAZ

N/A

7.

Dis

sem

inat

e to

all

cour

ts o

f law

the

Regi

ster

of L

egal

A

id A

ssis

tant

s as

co

mm

unic

ated

by

the

LAB

Leve

l of

diss

emin

atio

n of

the

Regi

ster

of

Leg

al A

id

Ass

ista

nts

by th

e LA

B to

all

cour

ts

of la

w o

n a

year

ly

basi

s

060

%10

0%10

0%10

0%10

0%

Judi

ciar

y, L

AB

7,50

0

* Co

sts

cove

red

unde

r LA

B bu

dget

, see

Spe

cific

Obj

ectiv

e 6

Mea

sure

6.2


Mea

sure

sAc

tiviti

esO

utpu

t In

dica

tor

Targ

ets

Resp

onsi

ble

Uni

tRe

sour

ces

Estim

ates

(Z

MW

)Ba

se

Year

2018

2019

2020

2021

2022

Spec

ific

Obj

ecti

ve 4

: To

stre

ngth

en th

e co

mpl

emen

tary

role

of t

he le

gal p

rofe

ssio

n in

the

deliv

ery

of le

gal a

id s

ervi

ces

Mea

sure

4.1

Prom

ote

the

esta

blis

hmen

t of

a co

mpr

ehen

sive

pr

o bo

no

fram

ewor

k fo

r an

incr

ease

d nu

mbe

r of l

egal

pr

acti

tion

ers

to

prov

ide

lega

l aid

se

rvic

es o

n a

pro

bono

bas

is

1.

Dev

elop

a

com

preh

ensi

ve

pro

bono

fr

amew

ork

Leve

l of

prog

ress

in

deve

lopi

ng a

co

mpr

ehen

sive

pr

o bo

no

fram

ewor

k

050

%10

0%10

0%10

0%10

0%

LAZ,

MoJ

, LA

BN

/A

2.

Dev

elop

in

cent

ives

fo

r leg

al

prac

titio

ners

to

pro

vide

pro

bo

no le

gal

aid

thro

ugh

legi

slat

ive

initi

ativ

es

Leve

l of

prog

ress

in

deve

lopi

ng

a se

t of

ince

ntiv

es

for l

egal

pr

actit

ione

rs

to p

rovi

de p

ro

bono

lega

l aid

050

%10

0%10

0%10

0%10

0%

LAZ,

MoJ

, LA

B10

0,00

0


Mea

sure

sAc

tiviti

esO

utpu

t Ind

icat

orTa

rget

sRe

spon

sibl

e U

nit

Reso

urce

s Es

timat

es

(ZM

W)

Base

Ye

ar20

1820

1920

2020

2120

22

Spec

ific

Obj

ecti

ve 5

: To

enha

nce

the

com

pete

nce

and

acco

unta

bilit

y of

par

aleg

als,

lega

l ass

ista

nts

(law

deg

ree

hold

ers)

and

lega

l aid

ass

ista

nts

ensu

ring

qua

lity

in th

e le

gal a

id s

ervi

ces

deliv

ered

Mea

sure

5.1

Reco

gnis

e th

e ro

le o

f pa

rale

gals

at

vari

ous

leve

ls

of q

ualifi

cati

on

and

lega

l as

sist

ants

an

d th

e ty

pes

of le

gal a

id

serv

ices

pr

ovid

ed

1.

Esta

blis

h an

d m

aint

ain

a Re

gist

er

of L

egal

Aid

A

ssis

tant

s

Num

ber o

f Reg

iste

rs

of L

egal

Aid

Ass

ista

nts

esta

blis

hed

and

mai

ntai

ned

01

11

11

LAB

N/A

*

2.

Esta

blis

h an

d m

aint

ain

a Re

gist

er

of L

egal

Ass

ista

nts

Num

ber o

f Reg

iste

rs

of L

egal

Ass

ista

nts

esta

blis

hed

and

mai

ntai

ned

01

11

11

LAB

N/A

*

3.

Esta

blis

h an

d m

aint

ain

a Re

gist

er

of P

aral

egal

s

Num

ber o

f Reg

iste

rs o

f Pa

rale

gals

est

ablis

hed

and

mai

ntai

ned

01

11

11

LAB

N/A

*

Mea

sure

5.2

Esta

blis

h a

qual

ity

assu

ranc

e fr

amew

ork

and

a re

gula

tor

for p

aral

egal

s,

lega

l ass

ista

nts

and

lega

l aid

as

sist

ants

Lega

l aid

ass

ista

nts

and

lega

l ass

ista

nts

4.

Esta

blis

h an

d op

erat

iona

lise

a re

gist

ratio

n sc

hem

e fo

r leg

al a

id

assi

stan

ts a

nd le

gal

assi

stan

ts

Num

ber o

f reg

istr

atio

n sc

hem

es fo

r leg

al a

id

assi

stan

ts a

nd le

gal

assi

stan

ts e

stab

lishe

d an

d op

erat

iona

l

01

11

11

LAB

N/A

*

5.

Dev

elop

and

di

ssem

inat

e D

isci

plin

ary

Code

fo

r Leg

al A

id

Ass

ista

nts

and

Lega

l Ass

ista

nts

Num

ber o

f Dis

cipl

inar

y Co

des

for L

egal

Aid

A

ssis

tant

s an

d Le

gal

Ass

ista

nts

deve

lope

d an

d di

ssem

inat

ed

01

11

11

LAB

40,0

00

* Co

sts

cove

red

unde

r LA

B bu

dget

, see

Spe

cific

Obj

ectiv

e 6

Mea

sure

6.2


Mea

sure

sAc

tiviti

esO

utpu

t Ind

icat

orTa

rget

sRe

spon

sibl

e U

nit

Reso

urce

s Es

timat

es

(ZM

W)

Base

Ye

ar20

1820

1920

2020

2120

22

6.

Dev

elop

qua

lity

assu

ranc

e to

ols

and

proc

edur

es

for l

egal

aid

as

sist

ants

and

le

gal a

ssis

tant

s

Num

ber o

f qua

lity

assu

ranc

e to

ols

and

proc

edur

es fo

r le

gal a

id a

ssis

tant

s an

d le

gal a

ssis

tant

s de

velo

ped

02

34

44

LAB

80,0

00

Para

lega

ls7.

Es

tabl

ish

and

oper

atio

nalis

e a

regi

stra

tion

sche

me

for

para

lega

ls le

vels

3,

2 a

nd 1

Num

ber o

f re

gist

ratio

n sc

hem

es fo

r pa

rale

gals

es

tabl

ishe

d an

d op

erat

iona

l

01

11

11

LAB

N/A

*

8.

Revi

se tr

aini

ng

curr

icul

um in

pa

rale

gal s

tudi

es

leve

ls 3

, 2 a

nd 1

Num

ber o

f re

visi

ons

of tr

aini

ng

curr

icul

um in

pa

rale

gal s

tudi

es

leve

ls 3

, 2 a

nd 1

N/A

03

36

6Te

chni

cal E

duca

tion

, Vo

cati

onal

and

En

trep

rene

ursh

ip T

rain

ing

Aut

hori

ty (T

EVET

A),

LAB,

MoJ

, Min

istr

y of

Gen

eral

Ed

ucat

ion,

Zam

bia

Inst

itute

of

Adv

ance

d Le

gal E

duca

tion

(ZIA

LE),

Nat

iona

l Ins

titut

e of

Pub

lic A

dmin

istr

atio

n (N

IPA

), U

nive

rsity

of Z

ambi

a an

d ot

her p

ublic

and

pr

ivat

e un

iver

sitie

s, LA

Z,

PAN

, Nat

iona

l Leg

al A

id

Clin

ic fo

r Wom

en (N

LACW

), Ca

ritas

Zam

bia,

Zam

bia

Civi

c Ed

ucat

ion

Ass

ocia

tion

(ZCE

A),

ZPS,

ZCS

, NPA

, Jud

icia

ry

380,

000

* Co

sts

cove

red

unde

r LA

B bu

dget

, see

Spe

cific

Obj

ectiv

e 6

Mea

sure

6.2


Mea

sure

sAc

tiviti

esO

utpu

t Ind

icat

orTa

rget

sRe

spon

sibl

e U

nit

Reso

urce

s Es

timat

es

(ZM

W)

Base

Ye

ar20

1820

1920

2020

2120

22

9.

Dev

elop

trai

ning

m

anua

ls a

nd

refe

renc

e m

ater

ials

for

each

leve

l of

the

trai

ning

cu

rric

ulum

in

para

lega

l stu

dies

Num

ber o

f tra

inin

g m

anua

ls a

nd

refe

renc

e m

ater

ials

fo

r eac

h le

vel

of th

e tr

aini

ng

curr

icul

um in

pa

rale

gal s

tudi

es

deve

lope

d

03

33

33

Tech

nica

l Wor

king

Gro

up

on T

rain

ing

in P

aral

egal

St

udie

s (a

s pe

r abo

ve

men

tione

d in

stitu

tions

and

or

gani

satio

ns u

nder

Act

ivity

N

o. 8

)

825,

000

10.

Accr

edit

trai

ners

an

d tr

aini

ng

orga

nisa

tions

to

prov

ide

trai

ning

co

urse

s in

pa

rale

gal s

tudi

es

Num

ber o

f tra

iner

s ac

cred

ited

00

04

44

TEV

ETA

N/A

Num

ber o

f tra

inin

g or

gani

satio

ns

accr

edite

d

00

01

11

11.

Prov

ide

trai

ning

co

urse

s as

per

th

e tr

aini

ng

curr

icul

um in

pa

rale

gal s

tudi

es

appr

oved

by

the

TEVE

TA

Num

ber o

f pa

rale

gals

trai

ned

in p

aral

egal

stud

ies

leve

l 3

010

025

035

045

055

0

TEV

ETA

-acc

redi

ted

orga

nisa

tion

s, u

nive

rsit

ies,

ot

her h

ighe

r edu

cati

onal

in

stit

utio

ns

4,03

0,00

0

Num

ber o

f pa

rale

gals

trai

ned

in p

aral

egal

stud

ies

leve

l 2

00

5010

015

020

0

Num

ber o

f pa

rale

gals

trai

ned

in p

aral

egal

stud

ies

leve

l 1

00

5010

012

014

0


Mea

sure

sAc

tiviti

esO

utpu

t Ind

icat

orTa

rget

sRe

spon

sibl

e U

nit

Reso

urce

s Es

timat

es

(ZM

W)

Base

Ye

ar20

1820

1920

2020

2120

22

12.

Eval

uate

trai

ning

co

urse

s in

pa

rale

gal s

tudi

es

carr

ied

out o

n th

e ba

sis

of T

EVET

A

stan

dard

s an

d re

gula

tions

Num

ber o

f tr

aini

ng c

ours

es in

pa

rale

gal s

tudi

es

eval

uate

d on

the

basi

s of

TEV

ETA

st

anda

rds

and

regu

latio

ns

04

1422

2936

TEV

ETA

N/A

13.

Ass

ess

trai

ning

ne

eds

and

desi

gn

refr

eshe

r cou

rses

fo

r par

aleg

als

leve

ls 3

, 2 a

nd 1

Num

ber o

f re

fres

her c

ours

es

for p

aral

egal

s le

vels

3, 2

and

1

desi

gned

00

13

33

LAB,

acc

redi

ted

CSO

s12

0,00

0

14.

Prov

ide

refr

eshe

r co

urse

s fo

r pa

rale

gals

leve

ls

3, 2

and

1

Num

ber o

f pa

rale

gals

leve

ls 3

, 2

and

1 at

tend

ing

refr

eshe

r cou

rses

00

100

350

550

725

LAB,

acc

redi

ted

CSO

s1,

087,

500

15.

Dev

elop

and

di

ssem

inat

e D

isci

plin

ary

Code

fo

r Par

aleg

als

Num

ber o

f D

isci

plin

ary

Code

s fo

r Par

aleg

als

deve

lope

d an

d di

ssem

inat

ed

01

11

11

LAB

40,0

00

16.

Dev

elop

qua

lity

assu

ranc

e to

ols

and

proc

edur

es

for p

aral

egal

s

Num

ber o

f qua

lity

assu

ranc

e to

ols

and

proc

edur

es

for p

aral

egal

s de

velo

ped

02

34

44

LAB

80,0

00


Mea

sure

sAc

tiviti

esO

utpu

t Ind

icat

orTa

rget

sRe

spon

sibl

e U

nit

Reso

urce

s Es

timat

es

(ZM

W)

Base

Ye

ar20

1820

1920

2020

2120

22

17.

Esta

blis

h an

d op

erat

iona

lise

pe

er to

pee

r le

arni

ng p

latf

orm

Num

ber o

f pee

r to

pee

r lea

rnin

g pl

atfo

rms

esta

blis

hed

and

oper

atio

nalis

ed

00

1020

3040

LAB,

acc

redi

ted

CSO

s20

0,00

0

Mea

sure

sAc

tiviti

esO

utpu

t Ind

icat

orTa

rget

sRe

spon

sibl

e U

nit

Reso

urce

s Es

timat

es

(ZM

W)

Base

Ye

ar20

1820

1920

2020

2120

22

Spec

ific

Obj

ecti

ve 6

: To

stre

ngth

en in

stit

utio

nal c

apac

ity

in o

rder

to a

dequ

atel

y m

anag

e a

com

preh

ensi

ve le

gal a

id s

yste

m in

Zam

bia

Mea

sure

6.1

Stre

ngth

en

the

Lega

l Aid

Bo

ard

(LA

B)

by w

iden

ing

its

man

date

1.

Revi

ew a

nd

amen

d th

e Le

gal

Aid

Act

in li

ne

with

the

Lega

l Aid

Po

licy

and

subm

it fo

r ado

ptio

n

Leve

l of p

rogr

ess

in a

men

ding

the

Lega

l Aid

Act

in

line

with

the

Lega

l A

id P

olic

y

010

0%10

0%10

0%10

0%10

0%

LAB,

MoJ

, Zam

bia

Law

D

evel

opm

ent C

omm

issi

on

(ZLD

C)47

0,00

0

2.

Revi

ew o

ther

le

gisl

atio

n an

d re

gula

tions

and

pr

opos

e fu

rthe

r am

endm

ents

in

line

with

the

Lega

l Aid

Pol

icy,

if

requ

ired

Leve

l of p

rogr

ess

in re

view

ing

othe

r le

gisl

atio

n an

d re

gula

tions

and

pr

opos

ing

furt

her

amen

dmen

ts in

lin

e w

ith th

e Le

gal

Aid

Pol

icy

040

%10

0%10

0%10

0%10

0%

LAB,

LA

Z, M

oJ, Z

LDC

200,

000


Mea

sure

sAc

tiviti

esO

utpu

t Ind

icat

or

Targ

ets

Resp

onsi

ble

Uni

tRe

sour

ces

Estim

ates

(Z

MW

)Ba

se

Year

2018

2019

2020

2021

2022

Mea

sure

6.2

En

hanc

e th

e in

stit

utio

nal

stru

ctur

es

and

inte

rnal

or

gani

sati

on

of th

e Le

gal

Aid

Boa

rd

(LA

B) b

y fu

rthe

r de

cent

ralis

ing

its

oper

atio

n an

d se

rvic

es

and

esta

blis

hing

ad

diti

onal

co

mm

itte

es,

unit

s an

d de

part

men

ts

unde

r the

LA

B

3.

Adop

t and

im

plem

ent t

he

Lega

l Aid

Pol

icy

Impl

emen

tatio

n G

uide

lines

Num

ber o

f Le

gal A

id P

olic

y Im

plem

enta

tion

Gui

delin

es a

dopt

ed

by th

e LA

B an

d op

erat

iona

lised

01

11

11

LAB

N/A

4.

Cons

titut

e an

d op

erat

e a

Para

lega

l St

andi

ng

Com

mitt

ee a

t th

e LA

B w

ith

mem

bers

hip

and

func

tions

as

pres

crib

ed in

the

Lega

l Aid

Pol

icy

Impl

emen

tatio

n G

uide

lines

Leve

l of

oper

atio

nalis

atio

n of

the

LAB

Para

lega

l Sta

ndin

g Co

mm

ittee

060

%10

0%10

0%10

0%10

0%

LAB

750,

000


Mea

sure

sAc

tiviti

esO

utpu

t Ind

icat

or

Targ

ets

Resp

onsi

ble

Uni

tRe

sour

ces

Estim

ates

(Z

MW

)Ba

se

Year

2018

2019

2020

2021

2022

5.

Esta

blis

h an

d m

anag

e a

Uni

t un

der t

he L

AB

Secr

etar

iat

resp

onsi

ble

for t

he

oper

atio

nalis

atio

n of

the

accr

edita

tion

regi

me

for C

SOs

and

univ

ersi

ty la

w

clin

ics,

and

for

the

regi

stra

tion,

qu

ality

ass

uran

ce

and

disc

iplin

ary

proc

esse

s fo

r pa

rale

gals

, leg

al

assi

stan

ts a

nd

lega

l aid

ass

ista

nts

Num

ber o

f ad

ditio

nal U

nits

un

der t

he L

AB

Secr

etar

iat

resp

onsi

ble

for t

he

oper

atio

nalis

atio

n of

the

accr

edita

tion

regi

me

of C

SOs

and

univ

ersi

ty la

w

clin

ics,

and

for

the

regi

stra

tion,

qu

ality

ass

uran

ce

and

disc

iplin

ary

proc

esse

s fo

r pa

rale

gals

, leg

al

assi

stan

ts a

nd le

gal

aid

assi

stan

ts

01

11

11

LAB,

MoJ

, M

inis

try

of F

inan

ce3,

649,

800

6.

Ass

ess

trai

ning

ne

eds

and

prov

ide

capa

city

bu

ildin

g co

urse

s fo

r LA

B m

embe

rs

of s

taff

Num

ber o

f ca

paci

ty b

uild

ing

cour

ses

for L

AB

mem

bers

of s

taff

carr

ied

out

01

23

45

LAB

500,

000


Mea

sure

sAc

tiviti

esO

utpu

t Ind

icat

orTa

rget

sRe

spon

sibl

e U

nit

Reso

urce

s Es

timat

es

(ZM

W)

Base

Ye

ar20

1820

1920

2020

2120

22

7.

Stre

ngth

en a

nd

dece

ntra

lise

the

oper

atio

n of

LA

B N

atio

nal a

nd

Prov

inci

al O

ffice

s

Leve

l of i

ncre

ase

in th

e nu

mbe

r of

appl

icat

ions

for

lega

l aid

rece

ived

by

LA

B

8,93

8+2

%+3

%+4

%+5

%+6

%

LAB,

MoJ

, M

inis

try

of F

inan

ce16

,840

,136

**Le

vel o

f inc

reas

e in

the

num

ber o

f ca

ses

hand

led

by

LAB

4,59

9+2

%+3

%+4

%+5

%+6

%

8.

Esta

blis

h LA

B D

istr

ict O

ffice

s st

artin

g in

di

stric

ts w

here

the

need

s in

term

s of

le

gal a

id s

ervi

ces

are

high

est

Num

ber o

f LA

B D

istr

ict o

ffice

s es

tabl

ishe

d

2 2

4 6

8 10

LAB,

MoJ

, M

inis

try

of F

inan

ce14

,900

,000

9.

Impl

emen

t e-

Gov

ernm

ent

polic

y an

d sy

stem

s ap

plic

able

to L

AB

Leve

l of

impl

emen

tatio

n of

e-G

over

nmen

t po

licy

and

syst

ems

appl

icab

le to

LA

B

040

%10

0%10

0%10

0%10

0%

LAB

N/A

10.

Dev

elop

a lo

ng-

term

fina

ncia

l re

sour

ces

mob

ilisa

tion

mec

hani

sm

Leve

l of p

rogr

ess

in d

evel

opin

g a

long

-ter

m

finan

cial

reso

urce

s m

obili

satio

n m

echa

nism

040

%10

0%

100%

100%

100%

LAB,

MoJ

, M

inis

try

of F

inan

ce24

0,00

0

** In

add

ition

to th

e re

sour

ces

allo

cate

d on

a y

early

bas

is fr

om th

e st

ate

budg

et to

the

Lega

l Aid

Boa

rd (2

0,99

9,95

8 ZM

W in

201

7)


Mea

sure

sAc

tiviti

esO

utpu

t Ind

icat

orTa

rget

sRe

spon

sibl

e U

nit

Reso

urce

s Es

timat

es

(ZM

W)

Base

Ye

ar20

1820

1920

2020

2120

22

11.

Enga

ge

Parli

amen

taria

ns,

rele

vant

min

istr

ies

and

coop

erat

ing

part

ners

to

advo

cate

for a

n in

crea

se in

the

leve

l of f

undi

ng

for l

egal

aid

Num

ber o

f ad

voca

cy

even

ts w

ith

Parli

amen

taria

ns,

rele

vant

min

istr

ies

and

coop

erat

ing

part

ners

for a

n in

crea

se in

the

leve

l of f

undi

ng fo

r le

gal a

id

01

23

45

LAB,

MoJ

250,

000

12.

Dev

elop

a

mon

itorin

g an

d ev

alua

tion

stra

tegy

Leve

l of p

rogr

ess

in d

evel

opin

g a

mon

itorin

g an

d ev

alua

tion

stra

tegy

060

%10

0%

100%

100%

100%

LAB

140,

000

13.

Cond

uct

syst

emat

ic a

nd

cont

inuo

us

asse

ssm

ent

of p

rogr

ess

mad

e in

the

impl

emen

tatio

n of

the

Lega

l Aid

Po

licy

Num

ber o

f as

sess

men

ts

of p

rogr

ess

mad

e in

the

impl

emen

tatio

n of

the

Lega

l Aid

Po

licy

01

23

45

LAB

750,

000

14.

Prod

uce

annu

al

repo

rt o

n pr

ogre

ss m

ade

in

impl

emen

ting

the

Lega

l Aid

Pol

icy

Num

ber o

f ann

ual

repo

rts

prod

uced

on

pro

gres

s m

ade

in im

plem

entin

g th

e Le

gal A

id

Polic

y

01

23

45

LAB

50,0

00


Mea

sure

sAc

tiviti

esO

utpu

t Ind

icat

orTa

rget

sRe

spon

sibl

e U

nit

Reso

urce

s Es

timat

es

(ZM

W)

Base

Ye

ar20

1820

1920

2020

2120

22

15.

Org

anis

e pe

riodi

c ex

tern

al

eval

uatio

n to

an

alys

e th

e eff

ectiv

enes

s, effi

cien

cy,

rele

vanc

e, im

pact

an

d su

stai

nabi

lity

of th

e Le

gal A

id

Polic

y

Num

ber

of e

xter

nal

eval

uatio

ns c

arrie

d ou

t

00

01

12

MoJ

, LA

B40

0,00

0

16.

Dev

elop

a

com

mun

icat

ion

stra

tegy

with

in

dica

tion

of

the

poss

ible

co

ntrib

utio

ns

from

the

diffe

rent

Le

gal A

id S

ervi

ce

Prov

ider

s (L

ASP

s)

and

othe

r in

stitu

tions

in

diss

emin

atin

g in

form

atio

n on

le

gal a

id

Leve

l of p

rogr

ess

in d

evel

opin

g a

com

mun

icat

ion

stra

tegy

with

in

dica

tion

of

the

poss

ible

co

ntrib

utio

ns

from

the

diffe

rent

LA

SPs

and

othe

r in

stitu

tions

in

diss

emin

atin

g in

form

atio

n on

le

gal a

id

050

%10

0%10

0%10

0%10

0%

LAB,

oth

er L

ASP

s, ZP

S, Z

CS, N

atio

nal

Pros

ecut

ion

Auth

ority

(N

PA),

Judi

ciar

y an

d ot

her l

aw e

nfor

cem

ent

inst

itutio

ns, D

istr

ict

Adm

inis

trat

ion

140,

000


Mea

sure

sAc

tiviti

esO

utpu

t Ind

icat

or

Targ

ets

Resp

onsi

ble

Uni

tRe

sour

ces

Estim

ates

(ZM

W)

Base

Ye

ar20

1820

1920

2020

2120

22

17.

Org

anis

e se

nsiti

satio

n m

eetin

gs w

ith

stak

ehol

ders

at

nat

iona

l, pr

ovin

cial

and

di

stric

t lev

el to

pr

esen

t the

Leg

al

Aid

Pol

icy,

its

key

feat

ures

and

av

aila

ble

lega

l aid

se

rvic

es

Num

ber o

f sen

sitis

atio

n m

eetin

gs o

rgan

ised

w

ith s

take

hold

ers

at

natio

nal,

prov

inci

al

and

dist

rict l

evel

to

pres

ent t

he L

egal

Aid

Po

licy,

its

key

feat

ures

an

d av

aila

ble

lega

l aid

se

rvic

es

011

2525

2525

LAB,

MoJ

, st

akeh

olde

rs a

t na

tiona

l, pr

ovin

cial

an

d di

stric

t lev

el1,

150,

000

18.

Esta

blis

h,

mai

ntai

n an

d di

ssem

inat

e a

Dire

ctor

y of

LA

B O

ffice

s an

d Ac

cred

ited

Lega

l D

esks

Num

ber o

f Dire

ctor

y of

LA

B O

ffice

s an

d Ac

cred

ited

Lega

l Des

ks

esta

blis

hed,

mai

ntai

ned

and

diss

emin

ated

01

11

11

LAB

50,0

00


Mea

sure

sAc

tiviti

esO

utpu

t Ind

icat

orTa

rget

sRe

spon

sibl

e U

nit

Reso

urce

s Es

timat

es

(ZM

W)

Base

Ye

ar20

1820

1920

2020

2120

22

Mea

sure

6.3

St

reng

then

th

e ro

le o

f re

leva

nt

just

ice

inst

itut

ions

an

d ot

her

stak

ehol

ders

in

sup

port

ing

the

effici

ent

and

effec

tive

op

erat

ion

of th

e le

gal

aid

syst

em in

Za

mbi

a

19.

Adop

t tra

inin

g sc

hem

e in

par

aleg

al s

tudi

es

for t

he th

ree

leve

ls

of q

ualifi

catio

n of

pa

rale

gals

Num

ber o

f tr

aini

ng s

chem

e in

pa

rale

gal s

tudi

es

leve

ls 3

, 2 a

nd 1

ad

opte

d

03

33

33

TEV

ETA

, LA

B, M

oJN

/A

20.

Ope

ratio

nalis

e gu

idel

ines

for

resp

onsi

ble

office

rs in

re

spec

tive

inst

itutio

ns

to:

a.

Info

rm a

nd a

ssis

t un

repr

esen

ted

pers

ons

in p

olic

e st

atio

ns o

r pos

ts,

corr

ectio

nal

faci

litie

s and

cou

rts

on th

eir r

ight

to

lega

l aid

and

of

othe

r pro

cedu

ral

safe

guar

dsb.

En

sure

acc

ess,

at n

o fe

e, b

y m

embe

rs o

f the

pu

blic

, per

sons

in

pol

ice

cust

ody

and

inm

ates

to

the

Dire

ctor

y of

LA

B O

ffice

s an

d Ac

cred

ited

Lega

l D

esks

Leve

l of

oper

atio

nalis

atio

n of

gui

delin

es o

n du

ty to

info

rm

pers

ons

on th

eir

right

to le

gal

aid

inst

itutio

ns

by re

spec

tive

inst

itutio

ns

040

%80

%10

0%10

0%10

0%

ZPS,

ZCS

, NPA

, Ju

dici

ary

and

othe

r la

w e

nfor

cem

ent

inst

itut

ions

, D

istr

ict

Adm

inis

trat

ion,

Lo

cal A

utho

riti

es,

LAB

500,

000

Leve

l of

oper

atio

nalis

atio

n of

gui

delin

es o

n en

surin

g ac

cess

to

the

Dire

ctor

y of

LA

B O

ffice

s an

d Ac

cred

ited

Lega

l Des

ks

by re

spec

tive

inst

itutio

ns

040

%80

%10

0%10

0%10

0%


Mea

sure

sAc

tiviti

esO

utpu

t Ind

icat

orTa

rget

sRe

spon

sibl

e U

nit

Reso

urce

s Es

timat

es

(ZM

W)

Base

Ye

ar20

1820

1920

2020

2120

22

21.

Conc

lude

M

emor

andu

ms

of U

nder

stan

ding

(M

oUs)

for e

ach

LSU

se

ttin

g ou

t rol

es a

nd

resp

onsi

bilit

ies

for

Judi

ciar

y, L

AB

and

accr

edite

d CS

Os

in

oper

atin

g le

gal d

esks

Num

ber o

f MoU

s co

nclu

ded

in

rela

tion

to L

SUs

18

1013

1619

Judi

ciar

y, L

AB,

ac

cred

ited

CSO

sN

/A

22.

Mak

e offi

ce s

pace

av

aila

ble

to L

SUs

with

in a

lread

y ex

istin

g co

urt

stru

ctur

es w

hene

ver

poss

ible

Num

ber o

f LSU

s ho

sted

with

in

alre

ady

exis

ting

cour

t str

uctu

res

68

1013

1619

Judi

ciar

y N

/A

23.

Conc

lude

MoU

s fo

r ea

ch c

orre

ctio

nal

faci

lity

lega

l des

k se

ttin

g ou

t rol

es

and

resp

onsi

bilit

ies

for Z

CS, L

AB

and

accr

edite

d CS

Os

in

oper

atin

g le

gal d

esks

Num

ber o

f M

oUs

conc

lude

d in

rela

tion

to

corr

ectio

nal f

acili

ty

lega

l des

ks

06

67

89

ZCS,

LA

B,

accr

edit

ed C

SOs

N/A

24.

Mak

e offi

ce

spac

e av

aila

ble

to

corr

ectio

nal f

acili

ty

lega

l des

ks w

ithin

al

read

y ex

istin

g co

rrec

tiona

l fac

ilitie

s w

hene

ver p

ossi

ble

Num

ber o

f co

rrec

tiona

l fa

cilit

y le

gal d

esks

ho

sted

with

in

alre

ady

exis

ting

corr

ectio

nal

faci

litie

s

66

67

89

ZCS

N/A


Mea

sure

sAc

tiviti

esO

utpu

t Ind

icat

orTa

rget

sRe

spon

sibl

e U

nit

Reso

urce

s Es

timat

es

(ZM

W)

Base

Ye

ar20

1820

1920

2020

2120

22

25.

Conc

lude

MoU

s fo

r eac

h po

lice

stat

ion

lega

l des

k se

ttin

g ou

t rol

es

and

resp

onsi

bilit

ies

for Z

PS, L

AB

and

accr

edite

d CS

Os

in

oper

atin

g le

gal d

esks

Num

ber o

f MoU

s co

nclu

ded

in

rela

tion

to p

olic

e st

atio

n le

gal d

esks

01

12

34

ZPS,

LA

B,

accr

edit

ed C

SOs

N/A

26.

Mak

e offi

ce s

pace

av

aila

ble

to p

olic

e st

atio

n le

gal d

esks

w

ithin

alre

ady

exis

ting

polic

e st

atio

ns w

hene

ver

poss

ible

Num

ber o

f pol

ice

stat

ion

lega

l des

ks

host

ed w

ithin

al

read

y ex

istin

g po

lice

stat

ions

11

12

34

ZPS

N/A

27.

Ass

ist L

egal

Aid

Se

rvic

e Pr

ovid

ers

(LA

SPs)

in c

arry

ing

out l

egal

edu

catio

n an

d in

form

atio

n pr

ogra

mm

es fo

r m

embe

rs o

f the

pu

blic

Num

ber o

f leg

al

educ

atio

n an

d in

form

atio

n pr

ogra

mm

es fo

r m

embe

rs o

f the

pu

blic

car

ried

out

by L

ASP

s

N/A

1020

3040

50M

inis

try

of G

ener

al

Educ

atio

n, D

istr

ict

Adm

inis

trat

ion,

Lo

cal A

utho

riti

es,

Min

istr

y of

Chi

efs

and

Trad

itio

nal

Aff

airs

, Min

istr

y of

N

atio

nal G

uida

nce

and

Relig

ious

A

ffai

rs, M

CDSS

, m

edia

hou

ses

N/A

GRA

ND

TO

TAL

74,9

94,9

36**

** In

add

ition

to th

e re

sour

ces

allo

cate

d on

a y

early

bas

is fr

om th

e st

ate

budg

et to

the

Lega

l Aid

Boa

rd (2

0,99

9,95

8 ZM

W in

201

7)



Documents

Republic of Zambia - Human Rights