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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 challenges challenges GAJE,2017 By: Muhammed kebie [email protected]

The role of Jimma university legal clinic in promoting ......1. CBTP-Community based training program-defining the demography of community-community diagnosis and action plan for intervention-organizing

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Page 1: The role of Jimma university legal clinic in promoting ......1. CBTP-Community based training program-defining the demography of community-community diagnosis and action plan for intervention-organizing

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

[email protected]

Page 2: The role of Jimma university legal clinic in promoting ......1. CBTP-Community based training program-defining the demography of community-community diagnosis and action plan for intervention-organizing

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

Page 3: The role of Jimma university legal clinic in promoting ......1. CBTP-Community based training program-defining the demography of community-community diagnosis and action plan for intervention-organizing

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

Page 4: The role of Jimma university legal clinic in promoting ......1. CBTP-Community based training program-defining the demography of community-community diagnosis and action plan for intervention-organizing

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

Page 5: The role of Jimma university legal clinic in promoting ......1. CBTP-Community based training program-defining the demography of community-community diagnosis and action plan for intervention-organizing

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

Page 6: The role of Jimma university legal clinic in promoting ......1. CBTP-Community based training program-defining the demography of community-community diagnosis and action plan for intervention-organizing

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

Page 7: The role of Jimma university legal clinic in promoting ......1. CBTP-Community based training program-defining the demography of community-community diagnosis and action plan for intervention-organizing

7 5-Jan-18

Jimma

University

College of Law and Governance

School of Law

|

Our offices

Page 8: The role of Jimma university legal clinic in promoting ......1. CBTP-Community based training program-defining the demography of community-community diagnosis and action plan for intervention-organizing

8 5-Jan-18

Jimma

University

College of Law and Governance

School of Law

|

Cont…

Page 9: The role of Jimma university legal clinic in promoting ......1. CBTP-Community based training program-defining the demography of community-community diagnosis and action plan for intervention-organizing

9 5-Jan-18

Jimma

University

College of Law and Governance

School of Law

|

Cont…

Page 10: The role of Jimma university legal clinic in promoting ......1. CBTP-Community based training program-defining the demography of community-community diagnosis and action plan for intervention-organizing

10 5-Jan-18

Jimma

University

College of Law and Governance

School of Law

|

Cont…

Page 11: The role of Jimma university legal clinic in promoting ......1. CBTP-Community based training program-defining the demography of community-community diagnosis and action plan for intervention-organizing

11 5-Jan-18

Jimma

University

College of Law and Governance

School of Law

|

cont…

Page 12: The role of Jimma university legal clinic in promoting ......1. CBTP-Community based training program-defining the demography of community-community diagnosis and action plan for intervention-organizing

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

Page 13: The role of Jimma university legal clinic in promoting ......1. CBTP-Community based training program-defining the demography of community-community diagnosis and action plan for intervention-organizing

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

Page 14: The role of Jimma university legal clinic in promoting ......1. CBTP-Community based training program-defining the demography of community-community diagnosis and action plan for intervention-organizing

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

Page 15: The role of Jimma university legal clinic in promoting ......1. CBTP-Community based training program-defining the demography of community-community diagnosis and action plan for intervention-organizing

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

Page 16: The role of Jimma university legal clinic in promoting ......1. CBTP-Community based training program-defining the demography of community-community diagnosis and action plan for intervention-organizing

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

Page 17: The role of Jimma university legal clinic in promoting ......1. CBTP-Community based training program-defining the demography of community-community diagnosis and action plan for intervention-organizing

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

Page 18: The role of Jimma university legal clinic in promoting ......1. CBTP-Community based training program-defining the demography of community-community diagnosis and action plan for intervention-organizing

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

Page 19: The role of Jimma university legal clinic in promoting ......1. CBTP-Community based training program-defining the demography of community-community diagnosis and action plan for intervention-organizing

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

Page 20: The role of Jimma university legal clinic in promoting ......1. CBTP-Community based training program-defining the demography of community-community diagnosis and action plan for intervention-organizing

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

Page 21: The role of Jimma university legal clinic in promoting ......1. CBTP-Community based training program-defining the demography of community-community diagnosis and action plan for intervention-organizing

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

Page 22: The role of Jimma university legal clinic in promoting ......1. CBTP-Community based training program-defining the demography of community-community diagnosis and action plan for intervention-organizing

22 5-Jan-18

Jimma

University

College of Law and Governance

School of Law

|

1.free legal services(family case)

Page 23: The role of Jimma university legal clinic in promoting ......1. CBTP-Community based training program-defining the demography of community-community diagnosis and action plan for intervention-organizing

23 5-Jan-18

Jimma

University

College of Law and Governance

School of Law

|

labor

Page 24: The role of Jimma university legal clinic in promoting ......1. CBTP-Community based training program-defining the demography of community-community diagnosis and action plan for intervention-organizing

24 5-Jan-18

Jimma

University

College of Law and Governance

School of Law

|

Labor cases

Page 25: The role of Jimma university legal clinic in promoting ......1. CBTP-Community based training program-defining the demography of community-community diagnosis and action plan for intervention-organizing

25 5-Jan-18

Jimma

University

College of Law and Governance

School of Law

|

Land dispute

Page 26: The role of Jimma university legal clinic in promoting ......1. CBTP-Community based training program-defining the demography of community-community diagnosis and action plan for intervention-organizing

26 5-Jan-18

Jimma

University

College of Law and Governance

School of Law

|

Land Case

JU LEGAL AID CENTER

Page 27: The role of Jimma university legal clinic in promoting ......1. CBTP-Community based training program-defining the demography of community-community diagnosis and action plan for intervention-organizing

27 5-Jan-18

Jimma

University

College of Law and Governance

School of Law

|

Page 28: The role of Jimma university legal clinic in promoting ......1. CBTP-Community based training program-defining the demography of community-community diagnosis and action plan for intervention-organizing

28 5-Jan-18

Jimma

University

College of Law and Governance

School of Law

|

2. Awareness creation

JU LEGAL AID CENTER

Page 29: The role of Jimma university legal clinic in promoting ......1. CBTP-Community based training program-defining the demography of community-community diagnosis and action plan for intervention-organizing

29 5-Jan-18

Jimma

University

College of Law and Governance

School of Law

|

Cont…

Page 30: The role of Jimma university legal clinic in promoting ......1. CBTP-Community based training program-defining the demography of community-community diagnosis and action plan for intervention-organizing

30 5-Jan-18

Jimma

University

College of Law and Governance

School of Law

|

Cont…

Page 31: The role of Jimma university legal clinic in promoting ......1. CBTP-Community based training program-defining the demography of community-community diagnosis and action plan for intervention-organizing

31 5-Jan-18

Jimma

University

College of Law and Governance

School of Law

|

Cont…

Page 32: The role of Jimma university legal clinic in promoting ......1. CBTP-Community based training program-defining the demography of community-community diagnosis and action plan for intervention-organizing

32 5-Jan-18

Jimma

University

College of Law and Governance

School of Law

|

3.Research and capacity building

Page 33: The role of Jimma university legal clinic in promoting ......1. CBTP-Community based training program-defining the demography of community-community diagnosis and action plan for intervention-organizing

33 5-Jan-18

Jimma

University

College of Law and Governance

School of Law

|

Cont…

Page 34: The role of Jimma university legal clinic in promoting ......1. CBTP-Community based training program-defining the demography of community-community diagnosis and action plan for intervention-organizing

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

Page 35: The role of Jimma university legal clinic in promoting ......1. CBTP-Community based training program-defining the demography of community-community diagnosis and action plan for intervention-organizing

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

Page 36: The role of Jimma university legal clinic in promoting ......1. CBTP-Community based training program-defining the demography of community-community diagnosis and action plan for intervention-organizing

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

Page 37: The role of Jimma university legal clinic in promoting ......1. CBTP-Community based training program-defining the demography of community-community diagnosis and action plan for intervention-organizing

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

Page 38: The role of Jimma university legal clinic in promoting ......1. CBTP-Community based training program-defining the demography of community-community diagnosis and action plan for intervention-organizing

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

Page 39: The role of Jimma university legal clinic in promoting ......1. CBTP-Community based training program-defining the demography of community-community diagnosis and action plan for intervention-organizing

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

Page 40: The role of Jimma university legal clinic in promoting ......1. CBTP-Community based training program-defining the demography of community-community diagnosis and action plan for intervention-organizing

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

Page 41: The role of Jimma university legal clinic in promoting ......1. CBTP-Community based training program-defining the demography of community-community diagnosis and action plan for intervention-organizing

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

Page 42: The role of Jimma university legal clinic in promoting ......1. CBTP-Community based training program-defining the demography of community-community diagnosis and action plan for intervention-organizing

42 5-Jan-18

Jimma

University

College of Law and Governance

School of Law

|

Cont…

JU LAC