the role of jimma university legal clinic in promoting ......1. cbtp-community based training...

Jimma

University

College of Law and Governance

School of Law

The role of Jimma university legal clinic in promoting access to justice: The practices and challengeschallenges

GAJE,2017

By: Muhammed kebie

muhammedkad@gmail.com

2 5-Jan-18

Jimma

University

College of Law and Governance

School of Law

|

1. Background □ Jimma university is one of the public institution found in

Ethiopia

□ The university is found in southwest of Ethiopia 350 km far □ The university is found in southwest of Ethiopia 350 km far from the capital of the country, Addis Ababa

□ The university is known by the philosophy called Community based education(CBE)

□ This is a program aimed at enabling the students to practice what they have learned theoretically in the society.

□ The program is on n-1 format and consist different phasesJU LAC

3 5-Jan-18

Jimma

University

College of Law and Governance

School of Law

|

Cont...□ The university is found in Oromia state, Jimma Zonal

Administration which is one of the largest Zone In the state

□ The total population is estimated to 3 millions

□Half of the populations are women

□Access to justice is one of the fundamental constitutional rights in our country

□ There are, however, different social and economic factors that affects the realization of this right

4 5-Jan-18

Jimma

University

College of Law and Governance

School of Law

|

cont…□ JU LAC was established with two main goals on

December25,2008 G.C

□ The goals are:□ The goals are:

1. To promote access to justice for vulnerable members of the communities in Jimma Zone

i.e. to bridge the gap between access to justice and indigence

2. To produce competent legal professionals by exposingLaw School students to the practice of law

JU LAC

5 5-Jan-18

Jimma

University

College of Law and Governance

School of Law

|

JU-LAC organizational structure

Director of the Center

V/Director for service provision

and Quality Control

All branch officesVolunteer

coordination

V/Director Research and

Capacity Building

All advertisement activities including

community Radio

Researches in the center

6 5-Jan-18

Jimma

University

College of Law and Governance

School of Law

|

The number of centers and their location jimma univeristy main campus( Head office)

Jimma town woreda court

Jimma zone high courtJimma zone high court

Jimma zone prison administration

Kersa woreda court (serbo)

Omo Nada woreda court(Omo Nada)

Dedo woreda court(Dedo )

Shabe sonbo woreda court(Shabe)

Gomma woreda court(Agaro)

Gera woreda court (Gera)JU LAC

7 5-Jan-18

Jimma

University

College of Law and Governance

School of Law

|

Our offices

8 5-Jan-18

Jimma

University

College of Law and Governance

School of Law

|

Cont…

9 5-Jan-18

Jimma

University

College of Law and Governance

School of Law

|

Cont…

10 5-Jan-18

Jimma

University

College of Law and Governance

School of Law

|

Cont…

11 5-Jan-18

Jimma

University

College of Law and Governance

School of Law

|

cont…

12 5-Jan-18

Jimma

University

College of Law and Governance

School of Law

|

Cont…□Out of these branch centers four are found in Jimma town

□ These four centers are the most active and where the students practice in on regular basisstudents practice in on regular basis

□ The remaining six are outside the town in far district administrations

13 5-Jan-18

Jimma

University

College of Law and Governance

School of Law

|

How law students engage in practical education in JU?□ There are around four scheme where by the law students can

engage in practical legal education

1. CBTP-Community based training program

- defining the demography of community- defining the demography of community

-community diagnosis and action plan for

intervention

-organizing intervention

□ The program is on N-1 basis

□ It is a course with 3 credit hour

□ Law students engaged in legal literacy program through CBTP

14 5-Jan-18

Jimma

University

College of Law and Governance

School of Law

|

Cont…2.Clinical courses□ There are five clinical courses as adopted by the national law

school consortium □ These clinical courses are:-□ These clinical courses are:-

1. clinical course on prisoner’s rights2. clinical course on family law3. clinical course on restorative justice4. clinical course on child rights5. clinical course on domestic violence□ The course is given at fifth year(final year)□ It is 3chr.course□ The students has to elect one of the courses

15 5-Jan-18

Jimma

University

College of Law and Governance

School of Law

|

Cont…3. Externship program

□ This is a three month practical attachment program

□ The students are sent to different organizations including □ The students are sent to different organizations including legal clinic to practice law

16 5-Jan-18

Jimma

University

College of Law and Governance

School of Law

|

Cont…4. Pro Bono service

□ This is a voluntarily based engagement where volunteer law students are assigned to different clinic and serve on law students are assigned to different clinic and serve on regular basis for at least one year

□ This is the most effective methods by which the law students can fully engaged in the practice and serve the community efficiently

□ There limited number of students involved through this scheme

□ These are ten to fifteen students on average

17 5-Jan-18

Jimma

University

College of Law and Governance

School of Law

|

How the clinical course curriculum looks like?□ The curriculum was developed nationally by law school

consortium

□Doesn’t take into account the specific problems where the □Doesn’t take into account the specific problems where the institution are located

□ It is simply course description in syllabus format

□ Failed to contain detailed descriptions

18 5-Jan-18

Jimma

University

College of Law and Governance

School of Law

|

How students engage in legal clinic?1. During the clinical program□ At fifth year first semester□ Only clinical students working on prisoners right and family

law actively engaged in the cliniclaw actively engaged in the clinic□ Accommodating other clinical students is difficult due to

time and place constraints□ At a time up to 30 students engage in one clinical course□ The clinics we have are small in size and couldn’t

accommodate all students□ Per day up to 5 students goes to the clinic□ Students goes to the clinic once a week□ One supervisor for 30 students

19 5-Jan-18

Jimma

University

College of Law and Governance

School of Law

|

Cont…2. During pro Bono services

□ This stars from 4th year second semester

□ 10-15 students involved on regular basis for a minimum □ 10-15 students involved on regular basis for a minimum one year

□ They have sufficient to engage in the practice and effectively serve the community

□On average Each students handles a minimum of ten(10) court representation cases

20 5-Jan-18

Jimma

University

College of Law and Governance

School of Law

|

Cont…3. During externship program

□ This is in 5th year second semester after students took exit examexam

□ It is done in collaboration with courts

□ The students stay in the clinic for up to three months

□ The students are assigned to work on active cases and other services rendered by the center

21 5-Jan-18

Jimma

University

College of Law and Governance

School of Law

|

Services rendered by the center□ In its all clinics there are three major activities the center

intends to deliver 1. Free legal services□ The center provides the following legal services□ The center provides the following legal services1.free legal counseling 2. writing pleading 3. Court Representation 4. mediation 5.Writing different applications2. Awareness creation program□ Community legal education □ Using Jimma university community Radio, pamphlet/broucher

distriubution3. Research and capacity building

JU LAC

22 5-Jan-18

Jimma

University

College of Law and Governance

School of Law

|

1.free legal services(family case)

23 5-Jan-18

Jimma

University

College of Law and Governance

School of Law

|

labor

24 5-Jan-18

Jimma

University

College of Law and Governance

School of Law

|

Labor cases

25 5-Jan-18

Jimma

University

College of Law and Governance

School of Law

|

Land dispute

26 5-Jan-18

Jimma

University

College of Law and Governance

School of Law

|

Land Case

JU LEGAL AID CENTER

27 5-Jan-18

Jimma

University

College of Law and Governance

School of Law

|

28 5-Jan-18

Jimma

University

College of Law and Governance

School of Law

|

2. Awareness creation

JU LEGAL AID CENTER

29 5-Jan-18

Jimma

University

College of Law and Governance

School of Law

|

Cont…

30 5-Jan-18

Jimma

University

College of Law and Governance

School of Law

|

Cont…

31 5-Jan-18

Jimma

University

College of Law and Governance

School of Law

|

Cont…

32 5-Jan-18

Jimma

University

College of Law and Governance

School of Law

|

3.Research and capacity building

33 5-Jan-18

Jimma

University

College of Law and Governance

School of Law

|

Cont…

Success stories

Type of

legal

Service Jim

ma

Wor

eda

Cou

rt

Jim

ma

Zon

e

Hig

h

Hea

d

Off

ice

Jim

m

Zon

e

Pri

son

Aga

ro

Ser

bo

Ded

o

Ger

a

Sh

ebe

Omo

Nada

Total

Counseli

ng

305 225 185 674 218 128 168 132 140 162 2,337

ADR 30 8 12 - 23 5 8 7 4 7 104

Documen 248 179 109 634 175 71 156 75 81 84 1,812

ts

Represen

tation

65 13 15 12 14 6 8 9 6 7 155

Total 648 425 321 1320 430 210 340 223 231 260 4,408

Cont…

Subject

Matters Jim

m

a Wor

e

Jim

m

a Zon

e

Hea

d

Off

ic

e Jim

m

Zon

e

Pri

so

Aga

r

o Ser

bo

Ded

o

Ger

a

Sh

ebe

Omo

Nadd

a Total

Family

Matters

324 186 142 - 174 89 152 93 78 92 1330

Successi

on and

Property

68 48 34 15 68 35 55 38 39 51 451

Tort 21 32 29 6 18 14 21 11 9 11 172Tort 21 32 29 6 18 14 21 11 9 11 172

Land

Dispute

39 21 15 - 121 48 63 54 66 71 498

Employ

ment

128 25 57 - 26 15 15 14 21 12 312

Contract

ual

disputes

35 86 25 - 12 5 21 6 8 11 209

Others 23 12 13 - - - - - - - 48

Criminal

cases

10 15 6 1299 11 4 13 7 11 12 1388

Subtotal 648 425 321 1320 430 210 340 223 231 260 4,408

36 5-Jan-18

Jimma

University

College of Law and Governance

School of Law

|

Distribution by beneficiaries

SEX NO.

Female 3,280Female 3,280

Male 1,128

Total 4,408

37 5-Jan-18

Jimma

University

College of Law and Governance

School of Law

|

Legal Awareness Created Through Distribution of Pamphlets

Subject matters of

pamphlets NU

M

BE

R

SChild and Woman’s

Right

200

Human Rights 200

Employment and

Labor Law

200

Disability rights 150

Prisoners rights 150

Total

900.00

38 5-Jan-18

Jimma

University

College of Law and Governance

School of Law

|

Legal awareness, education broadcasted through JimmaUniversity community Radio

Subject matters on which

legal awareness, education

broadcasted.

Airing time

Beneficiaries

Length of broadcast Total Annual Airing Time

Amharic broadcast Afaan Oromo broadcast

Prisoners’ Rights 4 hour 4 hour inPrisoners’ Rights 4 hour 4 hour

64H

ou

rs/Y

ear

(52

hours

inAmharic

Language

and

52hours

in

OromiffaaLanguage)

340,000 persons

(This is based on the

assumption that at least 10%

of the population the FM

Radio reaches would listen to

the broadcast)

Child and Woman’s Right 6 hours 6 hours

Human Rights Laws 4 hours 4 hours

Family Law 6 hours 6 hours

Law of Property and

Succession

3 hours 3 hours

Employment and Labor Law 3 hour 3 hour

Tort Law 2 hours 2 hours

Law of Contracts 2 hour 2 hour

Other Subject Matters 2 hours 2 h ours

39 5-Jan-18

Jimma

University

College of Law and Governance

School of Law

|

Challenges 1. schedules

□ Students do not have sufficient time to practice

□ They have to take other courses (up to four courses)

□ At the same time they are prepared for exit-exam□ At the same time they are prepared for exit-exam

2. curriculum

□ The clinical program curriculum in general is not adequate

□ It doesn’t contain variety of clinical courses

□ It is not need based rather imposition

□ Doesn’t contain adequate information and guidelines

□ Evaluation criteria not clear

3JU LAC

40 5-Jan-18

Jimma

University

College of Law and Governance

School of Law

|

. 3. supervisors capacity

□ The supervisors don’t have the necessary skill and training about clinical programabout clinical program

□ They face a number of challenges in supervision and evaluation

4.Infrastructure

□ The clinics lack the necessary infrastructure

□ The offices are small in size and don’t have the necessary infrastructures like, phone service, printer, photo copy machine

41 5-Jan-18

Jimma

University

College of Law and Governance

School of Law

|

□ Consequently, not convenient for the students to properly practice specially during clinical courses

5.Transportation5.Transportation

□ The center has only one car and it is not sufficient to transport the students over all the clinics

6.Lack of responsiveness from some stakeholders

□ Specifically, police offices, public prosecutor offices, kebele administration

42 5-Jan-18

Jimma

University

College of Law and Governance

School of Law

|

Cont…

JU LAC