68270 March 2012 – Number 62 WHO NEEDS LEGAL AID SERVICES? ADDRESSING DEMAND IN JORDAN Paul Prettitore1 Introduction: With the launch of two World Bank- Jordan is no exception. No single public sector body funded programs, Jordan is stepping where few is coordinating policy development or countries in the Middle East and North Africa implementation. This had led to policies that are at (MENA) region have gone before – the development times contradictory. The Ministry of Justice, in its of comprehensive legal aid services based more 2010-2012 Judicial Reform Strategy, included closely on demand. For many poor persons, regular improving access to justice as a priority. However, avenues of dispute resolution may prove no real resources were made available to improve inaccessible due to the costs involved, the services that would enhance access. Procedures for complicated nature of procedures, the inability to accessing legal aid services and deferring court fees procure legal information and representation, and a – two of the core services targeted to the poor – are general lack of knowledge about rights and the complicated, and there is little integration of legal means to enforce them. Legal aid services – aid services provided by civil society. information, counseling and representation in court Understanding of the demand-side of services is – can help poor persons overcome these obstacles. lacking, and public officials still tend to view legal They are not only important as services themselves, aid services as a considerable cost to the state but are gateway services they may ultimately lead to without proven benefit. access to other services, such as social welfare benefits or basic services. Measuring Demand: Government officials and civil society in Jordan are attempting to close the gap in Why Has Service Delivery Been So Poor? While understanding the demand-side of service delivery most MENA countries, including Jordan, have legal of poor communities. An initiative to measure and institutional frameworks for delivering state- demand, funded by a Japan Social Development sponsored legal aid services, in reality service Seed Fund Grant and led by the Justice Center for delivery remains highly inadequate. This is due to a Legal Aid (JCLA), was launched in 2010. It involved number of reasons, including: lack of policy an analysis of the caseload of JCLA’s existing legal underpinning services; weak institutional capacity aid centers around Amman, and consultations with to develop and deliver services; poor targeting of other CSOs working in poor communities. It also services towards poor users; unclear eligibility involved development of a survey questionnaire on criteria; complicated procedures for accessing the justice sector, which was adopted and services; and lack of understanding among the administered by the Department of Statistics as a public and officials about services, and how to household survey to 10,000 households. This is the access/administer them. In addition, there is first such justice sector-focused survey to be considerable lack of understanding of the demand- conducted in Jordan, and its adoption by the side of services. Department of Statistics highlights increased government interest in the issue. 1 Paul Prettitore, Public Sector and Governance Unit (MNSPS), The Middle East and North Africa Region, The World Bank. This Quick Note was cleared by Guenter Heidenhof, Sector Manager MNSPS. With analysis of the household survey on the justice delivery improvement activities undertaken by sector being finalized, the primary source of its Service Delivery Improvement Unit. demand-side information is the JCLA caseload analysis. It found that the largest percentage of Development of these sources of information would cases where legal representation was provided – help shed further light on the demand-side of 47% - involved personal status issues. In total the service delivery. However, a number of gaps still vast majority of cases – 81% - involve civil law, as exist. Data on demand in areas outside of Amman, opposed to criminal law, issues2. and particularly in the most remote areas, remains considerably lacking. And access to data and Women are more than twice as likely to request information is still difficult in Jordan – information legal aid services as men – at 71% to 29%, on the delivery of services is not always readily respectively3. In relation to personal status issues, available to the public or CSOs, leaving the ability to which include alimony, divorce, child support and analyze information solely in the hands of public inheritance, women requested assistance in 94% of sector entities. the cases. In Jordan personal status issues are the mandate of religious courts, the largest of which is What Does Demand Tell Us About Current Service the Sharia Court system. Jordan’s Sharia Courts, Delivery? Existing sources of data on the demand- despite being part of the formal court system, have side demonstrate one point clearly – that there is not received the development assistance provided to mismatch between demand and existing service civil and criminal courts, and thus data on service delivery, despite the intention of the Government of delivery is much more difficult to compile and Jordan to improve services. This is evident in the analyze given court records are paper-based. following ways: What other sources of information on demand are Poorly-targeted Legal Aid Services: State-sponsored available? There are several potential sources under legal aid, provided through the Jordan Bar consideration, including: Association, is limited primarily to the most serious criminal cases, though demand for legal aid services  The Ministry of Justice (MoJ) has automated the is higher for civil cases. In criminal cases, the right civil and criminal court case management to legal representation does not apply at the stage of systems. Data can be collected from courts in initial arrest and interrogation, despite reports that poverty pockets to compare against other courts abuse can take place during this stage. Though the to determine if there are specific types of cases Bar Association can require members to provide pro affecting the poor. Another option is to link the bono assistance to poor persons, this is rarely done. MoJ database with that of the National Aid Fund (NAF) to determine what types of cases There is no state-sponsored legal aid services NAF beneficiaries have filed. provided in Sharia Courts or other religious courts,  The Ombudsman Bureau can develop its despite high demand for services related to personal statistics and analysis to better identify status issues. Services are provided on a limited complaints filed by poor persons, and to better basis by civil society organizations. While lawyers highlight the specific public sector services in are not required in personal status cases, anecdotal question. An automated case management evidence suggests having a lawyer impacts on system will help provide more comprehensive success, not least because of the difficulty statistics. understanding the applicable laws and procedures.  The Ministry of Public Sector Development could enhance its statistics to identify Increasing Court Costs: Legislative changes to complaints stemming from poor persons, which governing court fees for civil cases reversed the fee can serve as a basis for prioritizing service structure, so that the highest fees, as a percentage, are applied to the lowest monetary value cases, with 2 fees dropping as the monetary value of the case Assessment of caseload from 2011 for the five/six legal aid increases. This provides a disincentive to bring centers of the Justice Center for Legal Aid in and around Amman, out of a total of 925 cases involving legal representation lower value cases to court, despite the fact even 3 Data is from the Justice Center for Legal Aid, Jordan. cases of low monetary value may provide a March 2012 · Number 62 · 2 relatively high impact for poor persons. Additional aid services were launched in Jordan – the legislative changes lowered the monetary value of ‘Enhancing Community-Driven Legal Aid Services cases at which lawyers are required, thus increasing to the Poor’ program funded by the Japan Social the costs of court services for a larger number of Development Fund (JSDF) for $2.6 million, and the cases. Together these measures raise overall court program ‘Delivering Legal Aid Services to Displaced costs, while services to ease this burden on the poor Iraqis and Palestinians’ funded by the State and remain ineffective Peace-building Fund (SPF) for $1.8 million. The JSDF-funded program focuses on providing Linked to legal aid services, poor persons can comprehensive services – information, counseling request the deferment of court fees. Since court fees and legal representation – to poor Jordanians in six are relatively high in Jordan, this is an important governorates outside of Amman, focusing on the service.4 However, this service is not provided areas of highest poverty. The SPF-funded program extensively for several reasons. Most poor persons, is providing for the extension of legal aid services to and even a number of judicial officials, are unaware displaced Iraqis and Palestinian refugees in Jordan. of this right. In order to access this services, poor persons must produce numerous documents The specific reforms these programs will support proving poverty, which is complicated, and socially include the following: the process can be viewed as humiliating. The documents needed are not uniform throughout the Enhanced Service Delivery Mechanisms country, and judges are provided no comprehensive guidance on criteria for determining poverty.  Enhancing Service Delivery by CSOs – JCLA will be delivering legal aid services through a system Scope and Reach of Services: Where services are of more than fifteen legal aid clinics, in available there has been a heavy focus on coordination with the Ministry of Justice, Jordan information and counseling services, to the Bar Association, UNRWA, UNHCR and other detriment of legal representation in court CSOs. More comprehensive training programs proceedings by lawyers, which is often necessary. are being developed for legal aid service Anecdotal evidence from legal aid centers, where all providers, to raise the quality of services. services are provided, shows that legal Enhancement of case management procedures is representation is needed in almost one-third of underway, including the automation of case cases. Legal aid services are mostly non-existent management functions. outside of Amman, despite high rates of poverty in  Extension of Services – More services will be other areas of the country. Other vulnerable available for civil and personal status cases, categories of persons face unique legal obstacles that consistent with demand. Services will be are not fully addressed by existing services. For available throughout Jordan, through a system example, services for refugees focus on status- of legal aid clinics, mobile legal aid offices and determinations, but longer-term refugee populations co-location of legal aid staff in other offices of have begun to face other issues related to personal CSOs providing social assistance programs. status, housing and employment. Comprehensive Development of an extensive referral data on the extent of legal aid and court deferment mechanism, covering ministries, international services provided through the courts is lacking. organizations and CSOs, will also broaden reach Anecdotal evidence suggests provision of services is and access. not widespread, at least in relation to demand .  Simplified Eligibility Criteria – JCLA has How Are Services Being Improved in Response to developed simplified eligibility criteria for Demand? Recently, two Bank-funded programs services, so that the most poor can receive free supporting the comprehensive development of legal services and those able to pay even small amounts for services will be asked to do so. These criteria will reduce the considerable 4 Based on the indicator ‘Enforcement of Contracts’ in the World amount of time and resources that had earlier Bank’s Doing Business Report 2012. The court costs, as a been spent on determining eligibility, to the percentage of the value of the claim, are as follows: Jordan – 8%; Syria – 4.5%; Lebanon – 3%; Iraq – 2.3%; West Bank & Gaza – detriment of service provision. 2.2%; and Egypt – 1.3%. March 2012 · Number 62 · 3  Introduction of a Sliding-Scale of Payments – JCLA Developing Policy as the Basis of Reform has attached a sliding-scale payment system to the eligibility criteria. Applicants with financial  Policy Development – To fill the gap in the policy ability will make small payments for services, side of service delivery improvement, key so that those with limited financial means can stakeholders are discussing policy strategies for access services for a reduced cost, while comprehensive reform. Determination and providing a small flow of funds to the clinics. analysis of the demand-side of services, and When cases are won on behalf of legal aid measuring this against current service delivery, clients, JCLA will request the losing party pay is the first step. representation costs, which will allow it to  Measuring Service Delivery Impact – The Bank will recover some costs. be working with JCLA and government  Assessing Service Delivery – JCLA has client counterparts to measure the social and economic feedback surveys and a mechanism for random impact of legal aid services on poor persons. evaluation of individual cases. Consultations The study will focus on areas where legal aid will be held with local communities to get a services are prioritized, for example in securing better sense of broader impact of legal aid alimony and child support payments. This services. It will also establish an internal work will help to counter the view that legal aid complaints mechanism to allow for systematic services are at best a form of charity, and at evaluation of service delivery. worst a never-ending financial burden on  Extending the Pool of Service Providers – To help governments with no clear benefit. address the extent of demand, key stakeholders, including JCLA, law firms, law faculties and Moving Ahead: As with most forms of service individual lawyers are developing a system of delivery, there is no single effective model for pro bono legal assistance to complement the legal delivery of legal aid services. The approach in aid clinics. A training program is being Jordan has been to build on existing systems, by developed to allow recently-graduated law enhancing and extending services, and integrating students to perform pro bono legal aid services different service providers. Combined with a better during their mandatory apprenticeship. understanding of demand, the tools should be available to comprehensively improve service Integrating the Demand-Side of Service Delivery delivery. The objective of the Bank-funded legal aid assistance programs is to build capacity and make  Public Consultations – As part of routine legal service delivery more efficient and effective. While awareness and information activities, improving the quality of services, this will also make consultations will be held with local the system easier to implement by key stakeholders communities to assess priority demands for over the long-term. Progress in Jordan should prove services. These demands will be measured beneficial to other countries in the region, for against current service delivery, and example in Iraq and West Bank & Gaza, where adjustments to services made as necessary. governments are themselves launching initiatives to  Caseload Analysis – Routine analysis of the improve the delivery of legal aid services. caseload of legal aid clinics will be conducted to determine demand related to certain types of cases (personal status, civil and criminal) and Contact MNA K&L: Laura Tuck, Director, Strategy and Operations. the links with specific public sector services. MENA Region, The World Bank This will provide a basis for advocacy for Regional Quick Notes Team: improvement of services. Omer Karasapan, and Roby Fields  Reporting – JCLA will release periodic reports on Tel #: (202) 473 8177 the work of the legal aid centers, highlighting The MNA Quick Notes are intended to summarize lessons learned from MNA and other Bank Knowledge and the demand-side of services determined through Learning activities. The Notes do not necessarily reflect the public consultations and caseload analyses. views of the World Bank, its board or its member countries. March 2012 · Number 62 · 4