Senators urge legal reforms to fix gaps in access to justice

Senators have called for reforms to legal aid services, citing gaps in existing laws, resource constraints and coordination challenges that continue to affect access to justice, especially for vulnerable citizens. The call followed the consideration of a report by the Senate Committee on Governance and Human Rights on monitoring actions aimed at promoting legal aid services, presented by Senator Alfred Gasana during the plenary sitting of Thursday, July 23. ALSO READ: 11 years on, Rwanda’s legal aid fund not yet established—what went wrong? The report highlighted challenges affecting key institutions involved in legal aid delivery, including Abunzi (community mediators), the Access to Justice Bureau (MAJ), non-professional court bailiffs and Isange One Stop Centres. According to the report, non-professional court bailiffs face heavy workloads, limited knowledge of laws and inadequate skills in using technology required to enforce court decisions. For Abunzi, the Senate committee identified challenges including limited access to modern equipment such as computers and smartphones, insufficient knowledge of laws and technology, and challenges in accessing locations where disputes have occurred or assessing the value of contested property. ALSO READ: EDITORIAL: Legal aid services should not be abused The report also cited challenges affecting MAJ services, including limited public awareness of laws, shortage of staff and inadequate transportation facilities. At the district level, the Justice, Reconciliation, Law and Order Sector and Isange One Stop Centres face challenges including limited budgets and action plans, limited awareness of available services among citizens, delays by victims in reporting cases and situations where victims protect perpetrators of abuse. The report also highlighted legal gaps affecting the provision of legal aid services. ALSO READ: Rwanda Bar Association pushes for legal aid law Gasana said the 2014 Legal Aid Policy and the 2022 Alternative Dispute Resolution Policy provide for laws governing legal aid and mediation, but the legislation has yet to be enacted. He said the laws would help strengthen coordination among legal aid providers, ensure guidelines are implemented consistently and improve the quality of services. The Senate also discussed challenges affecting the mandate of Abunzi Committees, whose jurisdiction currently covers disputes involving property valued at up to Rwf3 million. ALSO READ: Pro bono services: Did you know you can get legal representation in Rwanda, free of charge? Gasana said the threshold, which was set in 2016, no longer reflects current realities due to rising property values. “Citizens are no longer benefiting as expected from the services provided by Abunzi because the value of properties has increased significantly,” he said. He added that many citizens are now forced to seek court services, which come with additional costs, longer distances and more time spent pursuing justice. The report also pointed to delays in establishing a Ministerial Order governing Family Councils, saying the requirement for people seeking legal aid to first go through such structures can create additional barriers. During the discussion, senators also highlighted the need to strengthen support for people with disabilities and improve facilitation for community mediators. Senator Hadija Ndangiza Murangwa noted that progress had been made in supporting people with hearing impairment, but more needs to be done. She said sign language interpreters have played an important role in ensuring people with hearing impairments can participate in public activities and access services. Murangwa also called for more support for Abunzi, saying their grassroots role requires better facilitation. “Around 2021, the government provided them with smartphones and bicycles, which helped them perform their duties, but the support needs to be increased. They also need computers because they are still preparing reports by hand,” she said. Senator Valentine Uwamariya raised concerns about coordination among legal aid service providers, saying some organisations focus only on specific categories of beneficiaries or geographical areas. She said stronger coordination would be important as the government seeks to reduce court backlogs under the second National Strategy for Transformation (NST2). Senator Alphonse Nkubana said the increasing number of court cases reflects growing trust in the justice sector. He sajd that alternative dispute resolution (ADR) mechanisms must be strengthened. “The increase means there is a need to strengthen alternative dispute resolution to reduce backlogs, considering the number of cases a judge can handle in a year,” he said. Senator Evode Uwizeyimana questioned the possible financial implications of introducing free legal representation as a guaranteed service. He said expanding legal aid services without clear eligibility criteria could create pressure on public resources as more people seek the services. Senator Gasana said the proposed legal aid law would not mean every citizen automatically qualifies for free legal assistance. “The law would not allow everyone to be helped. It would define the categories of people who need legal aid,” he said. He added that consultations with the Rwanda Bar Association found that the number of lawyers supporting people with hearing impairments remains limited. “46 lawyers supporting people with hearing impairment were found to be few and are distributed across different sectors,” Gasana said. The Senate recommended accelerating the preparation of the draft law governing legal aid services, the draft law governing mediation and amendments to the law determining the organisation, jurisdiction, powers and functioning of Abunzi Committees.

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Senators urge legal reforms to fix gaps in access to justice