Why you should support the
Community Advisory Bureau in your Ward
The Legal Aid Board opened
four Community Advisory Bureaus (CAB) in Wellington and Calaba Town on 28
February 2017. This is the second set of Bureaus, the first being the three in
the Lumley and Wilkinson Road area in the West of the capital Freetown. The latest addition brings to seven the total
number of Bureaus in the country supervised by the Board. This will continue in
the coming weeks and months.
The Bureaus are non-political
and non-profit. They are run by volunteers drawn from the Ward and reflect the shades
of opinion therein. The CAB is an
initiative of the Board which was borne in the second half of 2015 following
consultations with civil society groups and partners in the justice sector on
expanding access to justice.
The consultations took
place against the backdrop of constraints faced by majority of the people in
accessing justice. There is a strong feeling
among partners that access to justice is expensive, complex and fraught with
chronic delays. Ignorance about the legal system has not been helpful. In
addition, the formal court is perceived as intimidating because proceedings are
not conducted in the local language and the judgments rarely take into account
the culture and tradition of the people.
Also, the formal courts are far removed from remote communities as a
result their impact is hardly felt by these people.
For these reasons and
several others, many aggrieved people take solace in committing their
grievances to divine intervention rather than seek redress in the courts, be it
in the formal or informal including those outside the Local Court Act 2011.
These consultations
culminated in a stakeholders’ workshop in June 2016 at the Atlantic Hall of the
National Stadium Hostels to educate and discuss ideas about the Bureaus. The
workshop was climaxed with the formation of a Community Advisory Bureau Working
Committee to work with the Board’s consultant to develop the bye-laws for the
Bureau.
This was followed by
another workshop in July 2016 in which the Community Advisory Bureau Working
Committee adopted the Bye-Laws. In addition to the Working Committee, the
Workshop attracted twelve Tribal Headmen from the Western Area, Councilors from
the Western Area Urban and Rural District Councils, representatives of the
Sierra Leone Police, the Sierra Leone Correctional Service, National Youth
Commission and civil society groups.
This paved the way for community
level engagements to kick-start the setting up of the Bureaus. The Outreach Section
of the Board has been organizing series of sensitization meetings and consultations
with key actors in Wards in the Western Area.
This resulted in securing office
spaces and the consequent opening of seven Bureaus in Freetown so far. These
meetings and consultations will continue until the Bureaus are established in
all the 394 Wards in the country.
The Bureaus are the first
port of call for members of the community who have law and order issues or
minor disputes. One of the core functions of the Bureau is to conduct
Alternative Dispute Resolution (ADR) services. They mediate civil cases –
matters of a non-criminal nature. This includes cases of debts, maintenance,
land issues, landlord and tenant, Employer and Employee, family, marital and
community level problems.
The Bureaus will refer
cases which do not fall within their remit – criminal and civil cases - to the
relevant national institutions. Cases of a criminal nature will be referred to
the police and the courts. Others will be referred to the Local Courts,
Ministries of Lands, Labour and Social Welfare, Ombudsman and the Legal Aid
Board.
It is important to note
that the decisions of the Bureaus are legally enforceable. This means should
any of the parties to the mediation decide not to abide by the settlement reached
and resort to courts, the Board will make available to the Courts the
undertaking signed by both parties.
Apart from the ADR, the
Bureaus undertake legal education through community outreach events on national
laws, Rule of Law, human rights, mandate of the Legal Aid Board, social
reintegration of ex-convicts, civic education and advocacy.
Also, the Bureaus have an Employment
Desk and an Information Board. The former provides information on employment
opportunities in and outside the Ward. They will provide internship placement
for young people in the community to assist with providing the experience they
need to compete in the job market.
The Bureaus will assist
with implementing Legal Aid Board projects in their respective Wards. For
instance, they will be an integral part of the Board’s campaign to ensure a
violent-free election. This is part of a proactive strategy to prevent violence
rather than provide legal assistance to indigents who perpetrate violence.
The Board has been
involved with the establishment of the seven Bureaus every step of the way. It
funded the training of the volunteers which marks the final stage in operationalizing
the Bureau.
As and when funds are
available, the Board will support the Bureaus by providing additional training including
Paralegal work and Mediation. This will build their capacity in mediation, issues
of law and advocacy.
You too can support the
Bureau in your Ward. So far, the support of residents of the various Wards has
been reassuring so far. For instance, the Councilors in six of the seven Wards were
pivotal in securing office space for the Bureaus. In the case of Ward 346 in
Calaba, Executive Director of the Lady Ellen Women’s Aid Foundation, Mohamed
Jalloh provided space for the Bureau.
This is a positive step
towards ownership and making the Bureaus sustainable. But this is far from
being enough. Full sustainability can be achieved if members of the Ward take
complete ownership of the Bureau by providing them the necessary support and
holding them to account.
The assistance can be in
the form of things as basic as furniture, money to cover running cost including
fare and credit for communication and electricity, stationery for General
Referral and Maintenance Agreement Forms and Invitation Letters, chair rental
and allowance to focal person who will oversee the day to day running of the
Bureau and volunteers.
Already, the Executive
Director of the Legal Aid Board, Ms. Fatmata Claire Carlton-Hanciles has been
sounding the alarm bell since she was confronted by a volunteer on the issue of
running cost for the Bureau during the training in Calaba Town. The volunteer wanted to know from Ms.
Carlton-Hanciles where money covering running
cost will come from.
‘Assuming, I need say Le
5,000 to deliver an invitation letter, who will provide the money since the Bureau’s
kitty is empty?’ he said. Ms.
Carlton-Hanciles had this to say by way of response: ‘The Bureau is work in
progress, we need to give it time.’
Ms. Carlton-Hanciles was
quick to point out that the Bureaus are community owned and lead. ‘We have done
our bit to assist you in setting them up and will continue to provide technical
and other support as a when resources are available,’ she said. ‘But we have to
be very clear in terms of ownership, you own the Bureau and not the Legal Aid
Board.’
By: Joseph Dumbuya
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