The Commonwealth Human Rights Initiative (CHRI), has called on the Government show commitment to the Constitutional provision in Article 294 (4) of the 1992 Constitution which requires an entitlement of legal aid services to all persons.
According to the Constitutional provision, "legal aid shall consist of representation by a lawyer, including all such assistance as is given by a lawyer, in the steps of preliminary or incidental to any proceedings or arriving at or given effect to a compromise to avoid or to bring an end to any proceedings".
Ms Mina Mensah, Regional Coordinator CHRI, explained that by this provision, legal aid, under the Legal Aid Scheme, are expected to be delivered under three main divisions which are the Public Defender's Directorate for criminal matters, the Citizenry Advisory Bureaux for free legal advice and legal services where necessary, and the Alternative Dispute Resolution Division (ADR) which assists disputants to arrive at compromises to avoid or bring an end to litigation and other adversarial proceedings.
Ms Mensah was addressing a media encounter on Wednesday to commemorate the second Legal Aid Week, which was jointly organised by Legal Aid Scheme and CHRI to project justice for Ghanaians.
She said although the Constitution has made explicit provision for the right to legal services by all, justice continues to elude many, especially the poor who cannot afford it, while the State institution established to provide such constitutionally mandated services remains stagnant due to lack of funding and support.
Ms Mensah urged government to ensure that the Legal Aid Scheme is properly equipped to perform its function adding: "To this end, government should put in place the necessary mechanisms that would ensure that legal aid becomes accessible, effective, sustainable and credible."
She also insisted that government should allocate the necessary human and financial resources to the legal aid system and recognise the importance of and support for paralegal and university law clinics in the provision of justice and create the necessary legal framework.
She explained that the CHRI as part of its mandate to ensure the practical realisation of human rights in countries of the Commonwealth initiated a project dubbed: "Justice Centres", which aims at increasing availability and accessibility of legal assistance to indigent persons accused of crime.
The project which also involves advocating for police accountability, pre-trial justice, also aims at increasing awareness of fundamental human rights, especially fair trial rights and reduce the number of pretrial detainees at police stations and avoid overcrowding in police cells.
She said under the project CHRI has provided training for paralegals who currently visit designated police stations including the Nima, Dansoman, Odokor and Madina in Accra, and the Suame, Asokwa, Zongo and Asawasi police stations in Kumasi, once a week to offer assistance to suspects who are financially handicapped to access legal services.
Mr Al-hassan Yahaya Seini, Director, Legal Aid Scheme, argued that justice food, shelter, education and health should be properly viewed as a requirement for social survival, the absence of which negates peace, breeds strife, and destroys these very basic needs.
He indicated that many people are likely to suffer injustices in respect to abuses of their rights, particularly during electioneering and so legal aid thus becomes essential for securing and protection of the rights of the poor, not only to decide who governs them, but to ensure that their choice and that of the majority are respected by all.
Mr Eric delanyo Alifo, Founder and Executive Director, HelpLaw Ghana, called on legal practitioners to support the cause of justice for the poor and vulnerable by volunteering to take cases on pro-bono, to prevent or curtail the entrenched injustices mated against the needy and also free the judicial system from corruption.
He said the challenge was enormous and would require the free services of a network of private legal practitioners to complement government's effort to secure justice and respect of human rights for the poor and the vulnerable.