Conference on the 5th Anniversary of the Establishment of State Agency “Legal Aid Center” under the Ministry of Justice of the Republic of Tajikistan

November 9, 2021

Remarks by Dr. Pratibha Mehta,

UNDP Resident Representative in Tajikistan

Date: October 25, 2021

Venue: National Library

Time: 9.30 a.m.

 

Your Excellency, Mr. Muzaffar Ashuriyon, the Minister of Justice of the Republic of Tajikistan,

Dear, Richard Chenevard, the Deputy Head of Swiss Cooperation and Development Agency in Tajikistan,

Representatives of Government Bodies, International Organizations and representatives of Civil Society,

Distinguished Guests,

Ladies and Gentlemen,

 

·     Congratulations to all of you on the 5th Anniversary of the Establishment of State Agency “Legal Aid Center” established under the Ministry of Justice of the Republic of Tajikistan.

·     Since 2012 UNDP, along with SDC, Ministry of Foreign Affairs of Finland and Helvetas has been a proud partner of the Ministry of Justice to strengthen Human Rights based Rule of Law in Tajikistan and we congratulate the Government for advancement on several policy reforms in this direction including to ensure setting up of mechanisms to ensure access to justice by poor and population living in remote areas.  

·     In 2015 the Government adopted the Concept for Free Legal Aid taking into account a number of recommendations from the UN Treaty Bodies and Human Rights Council. In particular, the Concept also addresses the recommendation of the second cycle review of UPR for a state-guaranteed legal aid system.

·     Last year, the law on State Guaranteed Free Legal Aid was adopted and since then MoJ has been keenly seeking the sustainability of Free Legal Aid System by securing national budget and it is highly commendable that in 2021 Government contribution has gone up to 40% budget. We hope that soon 100% of the budget will be covered by the Government.

·     This conference is an opportunity to celebrate the success so far but to also review steps needed to further strengthen the system and oioncrease its effectiveness and sustainability, especially keeping in mind how to make the system more accessible to the vulnerable and marginalized population with focus on women, disabled, poor and those living in the remote areas as well as how to coordinate services of various justice institutions to enhance access to justice by people.

·     Legal aid is a right of all people and therefore all districts have to be covered  with effectively running legal aid centers with professional legal aid professionals but at the same time system should be efficient avoiding duplication perhaps by clustering the districts for service provision as well as reviewing innovative options such as mobile primary legal aid services and online legal aid services for maximum coverage.

·     Public awareness of Human Rights and access to legal information is fundamental for increasing access to free legal aid services and access to justice,  legal awareness about human rights, rights of women, domestic violence, property rights etc. is extremely important and NGOs can play a very important role as partners in extending public awareness and legal education.

·     Another important aspect of free legal aid is a secondary legal aid in criminal cases which requires close coordination and cooperation with other state institutions such as Judges, Prosecutors and Police.

·     Finally, to build long-term capacity for an effective Free Legal Aid system, curriculum for Legal Education in the Universities would also require reforms to create future prosecutors, judges and lawyers who are well versed with new policies, international standards of rule of law, access to justice, legal aid and Human Rights.

·     Experiences and lessons from Five years of implementation of legal aid services can be used to formulate a comprehensive strategy for SALAC to ensure national coverage, roles of various state bodies, budget, coordination and sustainability.

·     UNDP is fully committed to working with all partners to promote peaceful, just, and sustainable development in Tajikistan and for that strengthening of rule of law is fundamental .

·     Thank you for your attention, and I look forward to a productive discussion today!