Through Pro Bono Legal Aid Representation
By Alfred Kollie, alfredkolliejr92@gmail.com
Monrovia, Liberia–In a significant step toward improving the judicial landscape, the Liberia National Bar Association (LNBA) has forged partnership with the United Nations Development Programme (UNDP) to launch the “Promoting Access to Justice through the Pro Bono Legal Aid Representation Project,” alongside the LNBA – NEC Electoral Support Project.
This initiative, backed by a grant of over $120,000 from UNDP, aims to tackle pervasive issues of prolonged pre-trial detention in Liberia.
In Liberia, pre-trial detention is unfairly managed and notoriously lengthy, with an estimated 71.2% of detainees subjected to extended or prolonged pre-trial detention, and even when Cases go to trial, only a small number of cases are tried each year, thus undermining equitable access to justice.
These systemic weaknesses contribute to prolonged pre-trial detention and impede access to justice, according to the project manager, Cllr. Frederick L. Gbemie.
But the LNBA, having reasoned that one of the best ways to address prolonged pre-trial detention is to provide sustained pro bono legal aid services, developed a concept paper that triggered the signing of a low-value grant agreement on 25 July 2024 between the UNDP and the LNBA after numerous mutual rewarding engagements.
The grant is One Hundred Twenty Thousand One Hundred Fifty-Nine Dollars and Seventy-Seven Cents (USD 120, 159.77).
This project, funded by the U.S. Bureau of International Narcotics and Law Enforcement Affairs (INL) with the support of the United Nations Development Programme (UNDP), is implemented by the Liberia National Bar Association (LNBA).
Its primary objective is to provide vital legal aid services to indigent Liberians, particularly those in pre-trial detention who lack the means to secure legal representation.
A key component of this initiative is the establishment of a Working Group (WG) comprising relevant justice sector stakeholders, including LNBA case workers. The WG will be tasked with developing standardized criteria for identifying and selecting cases of prolonged pre-trial detention, ensuring that the most urgent and deserving cases receive priority attention.
The LNBA Legal Aid Project will review case intakes and assign them to qualified legal aid lawyers, who will deliver high-quality legal representation. This ensures that individuals in extended detention without legal counsel can have their cases addressed in a timely and fair manner.
The overall purpose of this grant is to reduce the number of pretrial detainees in Montserrado County and improve access to justice for all Liberians to sensitize, encourage, and promote legal protection for the vulnerable and indigent citizens through the provision of pro bono legal aid services for the most egregious cases by members of the LNBA as an alternate condition for renewal of practicing licenses.
By this intervention, the LNBA seeks to Sensitize and encourage members of the Association to provide pro bono legal aid as one of the alternate conditions for the renewal of practicing licenses; Provides legal aid services for the most egregious cases to reduce docket overcrowding and pre-trial detention in Montserrado county: and Educate citizens on how to access the LNBA Pro Bono Legal Aid Services and encourage indigents to take advantage of the opportunity to access justice.
The implementation period for this project is one year, from 15 July 2024 to 14 July 2025.
Speaking at the launching ceremony in Monrovia at the weekend (Friday, September 27, 2024), the Chief Justice of Liberia, Her Honor Sie–A–Nye G. Yuoh, emphasized the critical role of legal aid in addressing the issue of pre-trial detention.
Chief Justice Yuoh
Chief Justice Yuoh highlighted the importance of timely indictments from the Ministry of Justice, urging legal professionals to be proactive in prosecuting cases to uphold justice and protect the rights of detainees.
The Chief Justice stated, “The courts are neutral, and our Constitution prescribes that individuals are innocent until proven guilty.”
She expressed concern over the perception of the judiciary as an enforcer of unjust detention, particularly regarding those awaiting trial.
Madam Yuoh pointed out the frustration in rural counties, stating, “In Maryland County, for instance, many cases remain unresolved because lawyers and prosecutors fail to appear in court, citing poor conditions of road as an excuse.”
She reiterated that the judiciary exists to serve the people and urged legal practitioners to fulfill their obligations, especially in underserved areas.
“To the members of the Bar, if you have clients in rural counties, please attend court,” he appealed, highlighting the need for lawyers to embrace their responsibilities in ensuring fair trials.
The Chief Justice lamented, “Half of the cases for the August term in Maryland were not heard due to the absence of lawyers.”
She, however, drew attention to the role of magistrates and justices of the peace, urging them to focus on maintaining peace in their districts rather than merely upholding detentions.
The Chief Justice’s remarks aimed to foster greater collaboration among the judiciary, legal practitioners, and the Ministry of Justice to ensure the efficient administration of justice.
In closing, she congratulated the Liberia National Bar Association (LNBA) for its commitment to legal aid and access to justice, reaffirming the judiciary’s dedication to supporting efforts that promote fairness and legal representation across the nation.
In remarks, UNDP Liberia Resident Representative Mr. Anthony Ohemeng- Boamah emphasize the importance of Access to Justice and Rule as one of the main priorities of the SDGs, and an overarching development aspiration for good governance.
UNDP Liberia Resident Representative reiterates that Access to justice is a cornerstone of the rule of law and is essential for fostering fair, equitable, and inclusive societies.
He noted that it ensures that all individuals, regardless of background or socioeconomic status, can exercise their legal rights and be heard nothing that the principle is fundamental to promoting empowerment, advancing equality, and upholding human dignity, particularly for marginalized and vulnerable groups.
Mr. Ohemeng-Boamah recalls that Universal access to justice strengthens public confidence in legal institutions, contributing to social cohesion, peace, and sustainable development, maintaining that it is a foundational element of a just society, where rights are protected, disputes are resolved impartially, and the law is applied equally to all.
He, however, appreciates the support for the 2023 electoral processes, including an MOU signed with the National Elections Commission (NEC) supported by the Liberia Electoral Support Project through which they organized four regional dialogues, strengthening the knowledge of 200 electoral stakeholders in electoral dispute resolution.
The UNDP Liberia Resident Representative, however, congratulated the LNBA on the finalization of the LNBA- NEC Electoral support project report and hopes that the report proves useful documentation for initiatives to come.
In conclusion, Ohemeng-Boamah emphasizes that the partnership is not just about providing legal services but about transforming Liberia’s justice system to ensure that it works for everyone, especially the most vulnerable by reducing pre-trial detention, addressing the court backlog, and institutionalizing pro bono service as part of legal practice, this initiative is creating lasting change.
UNDP supported the development of the Legal Aid Act, which was submitted to the 54th legislature in 2023 through the Ministry of Justice. However, the Act did not pass which is currently being supported for its passage.
In 2023 LESP support, NEC signed an (MoU) with the Liberian National Bar Association (LNBA) to the tune of USD 150 000.
For his part, the President of the LNBA Cllr. Sylvester D. Rennie recommended the construction of an additional Prison facility and rehabilitation program for inmates.
Cllr. Rennie believed that the construction of additional prison facilities is a result of crimes that are being committed daily.
The President of the LNBA is meanwhile urging members of the association to make maximum use of the project and the opportunity provided by UNDP by getting fully involved in providing pro bono legal services.
Cllr. Rennie, however, used the occasion to thank the UNDP, Ministry of Justice, and the Judiciary for their usual and anticipated support to again execute the project as planned.
The meeting has two objectives: the launch of a report on the electoral support project and the launch of the project “Promoting access to Justice through pro bono legal aid representation”.
The event brought together Representatives from the Swedish Embassy near Monrovia, Justice Minister Cllr. N. Oswald Tweh and other members of the Bar Association.