| Consultative meeting regarding the draft law on free legal aid |
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| Thursday, 10 September 2009 | |
Joint
Programme for Strengthening National Capacities was created by the UN Working
Group on Domestic Violence ( UNFPA, UNDP, UNICEF, UNIFEM and WHO) focusing on
identifying priorities of work and
exploring area where more coordinated efforts could be exerted in order to
improve the effectiveness, hence achieve better results both in terms of
attention to the victims of DV and its future prevention. In this respect a Coordinative Body was
established by the national key actors regarding protection of domestic
violence with aim to give concerning notes for the Joint Programme. MWRC as a
member of this body has active role in the consultative meetings with the UN
Working Group on DV. Since our organization already offers free
legal aid , on this consultative meeting
several remarks were given for the draft law on free legal aid which is about
to be adopted. The general conclusion on this meeting by all the participants
was pointing the support and the benefit of adopting such law, which will offer
equal access to all citizen to the institutions of the system. The role of the
NGO sector was pointed within the draft law on free legal aid as well. The remarks given from the Macedonian Women's
Rights Centre are given bellow: In article 3 from the text of the working
version of the draft law whereby several terms are being defined, we are giving
remarks on paragraph 1 article 2 where a
definition is given on the term property, where it is stated that amount of cash in national currency or
foreign currency can be included as property as well. The remark goes to
that what method will be used for defining the amount itself. We are pointing out to article 4 of the working
version of the draft law on free legal aid where it is stated the free legal
aid in compliance with this law is being carried out by the Ministry of
Justice, The authorized associations of citizens , lawyers and mediators. The
main remark is that if the mediators can offer free legal aid, concerning their
role in the procedure of mediation, taking into consideration that the mediator
should find a way of resolving a certain dispute, which means having neutral
position regarding the both parties to the dispute. If a mediator would give
free legal aid, their neutral position is loosen . Further on, in the part regulating the issue of
exercising the right on free legal aid, a remark is given on article 16 whereby
it is stated that previous legal aid is being given by authorized officials
within the sectors of the Ministry of Justice. On the open session held for the
draft law on free legal aid, it was stated that it was requested from the
Ministry of Justice to give public information how many law graduates with
passed jurisdictional exam are employed
in the sectors of the Ministry of Justice. The answer was that there are 80 or 90 law
graduates, without giving information how many of them have or haven't passed
the jurisdictional exam. This is related to the conditions which must be
fulfilled by an association of citizens whereby can be registered as authorized
for offering free legal aid, stated in article 17 - where it is foreseen ,
above other things, that the association should have at least one law graduate
with passed jurisdictional exam as an employee. Taking into consideration that the sectors of the Ministry as well as
the associations of citizens, in compliance with the working text of the draft
law on free legal aid, are offering the free legal aid, and if it is requested
from the association to have at least one law graduate, therefore, the sector
within the Ministry of Justice should have one as well. The remark in this
respect is that the associations of citizens do not have permanent financial
sources , so if they employ law
graduate with passed jurisdictional exam, will also have costs which might not
cover. For this reason it was suggested the term employee to be changed with the term engaged, so the association would not have that obligation to
employ person with such qualification. |
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| Last Updated ( Friday, 18 September 2009 ) |
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