TANZANIA PARALEGAL BASELINE SURVEY

Transcription

1 TANZANIA PARALEGAL BASELINE SURVEY AUGUST 2010

2 1.0 INTRODUCTION This is a report on a Paralegal baseline survey conducted in all regions of Tanzania mainland. The baseline survey was commissioned to Tanganyika Law Society (TLS) through the Legal Sector Reform Program under the coordination of the Ministry of Justice and Constitutional Affairs. Other-Non Governmental-Organizations (NGO) which took part in the baseline activity are the Women Legal Aid Centre (WLAC), national organization on legal aid assistance (nola), ENVIROCARE, Tanzania Women Lawyers Association (TAWLA), Legal and Human Rights Centre (LHRC), WAT Human Settlement and Tanzania Women Volunteers Association (TAWOVA). This baseline report provides basic information on the current status of Paralegal work in Tanzania based on the data collected in the field. Statement of the problem There are few lawyers in Tanzania and the majority of lawyers are absorbed in the employment market while very few remain to work as advocates. As of today, advocates are not able serve majority of Tanzanians in need of legal advice and representation. Advocates are concentrated in a few major cities and towns. Further, only individuals in the commercial sectors and a handful of people in the formal sector can afford legal services. This has led to a situation where dispute settlement at the grassroots level is almost disregarded by the law, with women and children being the most negatively affected. In Tanzania there are Paralegals that assist people access justice at the community level. These Paralegals have formed not-for-profit organizations and are working together in their respective areas on a voluntary basis. Therefore, Paralegals are currently playing a role which ought to be played by professional lawyers. Women and children are the most vulnerable groups who face frequent violence and abuses engineered by men, family, and even clan members. Considering their vulnerability and the lack of legal support, women and children have not been treated fairly in rural courts. In response to the dire need for legal support in rural areas, some civil societies in Tanzania embarked on positive initiatives and introduced legal aid Centres, commonly known as Paralegals. These Paralegal Centres are widely spread across the country. Despite the fact that they play a crucial role, Paralegals are facing many challenges implementing their activities in the community. Some of these challenges include: they do not receive recognition from the legal system nor from the government; they are mistrusted by other members of the community; they have a very limited level of awareness and knowledge of legal issues; and they are viewed as providing services of limited value. There are no specific legal or regulatory frameworks which support the operations of Paralegal Centres. Most of the Paralegals operate within difficult environments due to absence of laws to recognize their noble duties. For example, Paralegals are not allowed to represent people even in primary courts, where the law does not allow advocates. Although, some Paralegals are legally registered; the majority of Paralegal Centres are mere groups of volunteers. Paralegal Centres are not formal. Despite all these challenges, Paralegals are still rendering services to the people by assisting them with their legal issues. The individuals who have been assisted provide testimonies with regard to the benefits they have received. Paralegals have provided a commendable contribution in the provision of legal services at the grassroots level, where lawyers are not affordable or available, but many community members are in need of legal assistance. Considering the vital role which Paralegal Centres play, it is impossible for them to be ignored in their totality. Many other organisations are networking with Paralegal Centres to collaborate in the provision of services to the community. 1

3 Unfortunately, Paralegals do not have a unified curriculum for training. This has resulted in a lack of co-ordination in the respective training programmes for the legal service providers. Poor training methodology has also created large gaps amongst and between Paralegal Centres in terms of the levels of competence. Recognition is needed for the role that Paralegals play in assisting the vulnerable, including women and children, as well as other vulnerable members of the community, to access justice. 1.1 Main Objective The main objective of the Baseline Survey is to collect information concerning Paralegal work in Tanzania with a view of setting a uniform curriculum for Paralegal training, work on modalities for coordination of Paralegals work, and facilitating their recognition. 1.2 Specific Objectives The Baseline Survey is based on accessing the following; The type of training received by the Paralegals (Civil or Criminal), The Paralegals level of education, The services rendered by Paralegals, The activities which are being carried out by the Paralegal Centres, The level of awareness of the Paralegal and human rights issues, The ability of Paralegals to assist community members to access justice in a timely manner, The organizational registration and active members of the organization, The opportunities and constraints faced by Paralegals during implementation of their activities, The attitude of law enforcement and government officials towards Paralegals, and The attitude of the community members towards Paralegals. 2.0 LITERATURE REVIEW 2.1 Who is a Paralegal? The definitions of Paralegal vary and can mean different things in different organizations, from lower level administration to higher level case work. The Institute of Paralegals (formerly the Paralegal Association) describes Paralegals as non-lawyers who do legal work. 1 The National Federation of Paralegal Associations defines a Paralegal as a person, qualified through education, training or work experience to perform substantive legal work that requires knowledge of legal In summary it means someone who undertakes legal and administrative support work but who is not a qualified lawyer (Solicitor, Barrister or Legal Executive). 2

4 concepts and is customarily, but not exclusively, performed by a lawyer. 2 This person may be retained or employed by a lawyer, law office, governmental agency, or other entity or may be authorized by administrative, statutory, or Court authority to perform this work. Fida-Lesotho defined Paralegals as community-based people who are trained in basic legal skills, for instance, problem solving, advice-giving and statement taking, in order to assist their community with legal advice whenever necessary. Thus it can be said that Paralegals provide legal first aid. 3 The term, or title, 'Paralegal' has caught on within the legal profession and is now used almost exclusively to describe fee earners or part fee earners amongst staff who are not lawyers. There is evidence of the title 'legal assistant' being used amongst a few firms, but it is only a small minority. 'Paralegal' and 'Legal Assistant', as titles, are synonymous. However, unlike the term 'Legal Executive' or 'Licensed Paralegal', which are specific titles, the term 'Paralegal' on its own is, as stated, generic. 4 Paralegals are important members of the legal team, playing key roles in the legal process. 5 Their duties involve working closely with lawyers and advocates, and may take them from office to courtroom, from clients to conferences, from the law library to the negotiating table. The work that Paralegals undertake is quite often virtually indistinguishable from that undertaken by the legal practitioners who employ them. In addition to that the Chama Cha Mapinduzi (CCM) election manifesto of has provided, among other things, in article 108 (i) and (j); 108 CCM itazitaka Serikali ziendelee na hatua zilizoanza kuchukuliwa ili kuiboresha Sekta ya Sheria kusudi nayo itoe huduma bora zaidi kwa jamii. Yatakayosisitizwa katika kipindi hiki ni pamoja na yafuatayo:-. (i) Kuweka mfumo wa kuwasaidia wananchi wasiojiweza kupata msaada wa kisheria. (j) Kuweka mfumo utakaowezesha kutumika kwa wanasheria wa awali (paralegals) katika mahakama za mwanzo. The Paralegals are termed as Wanasheria wa awali, therefore, for the purpose of this report the same meaning can also be adopted for ease of reference. 2.2 Roles of Paralegals One of a Paralegal's most important tasks is helping lawyers prepare for closings, hearings, trials, and corporate meetings. Paralegals might investigate the facts of cases and ensure that all relevant information is considered. 2 Paralegals also called legal assistants are continuing to assume new responsibilities in legal offices and perform many of the same tasks as lawyers. Nevertheless, they are explicitly prohibited from carrying out duties considered to be within the scope of practice of law, such as setting legal fees, giving legal advice, and presenting cases in court. 3 Fida-Lesotho training manual on Paralegals Ibid

5 They also identify the appropriate laws, judicial decisions, legal articles, and other materials that are relevant to assigned cases. After they analyze and organize the information, Paralegals may prepare written reports that lawyers use in determining how cases should be handled. If lawyers decide to file lawsuits on behalf of clients, Paralegals may help prepare the legal arguments, draft pleadings and motions to be filed with the court, obtain affidavits, and assist lawyers during trials. Paralegals also organize and track files of all important case documents in order to make them available and easily accessible to the lawyers. In addition to this preparatory work, Paralegals perform a number of other functions. They perform the same functions as lawyers except those prohibited by unauthorized practice of law statutes. The following are some examples of Paralegal functions: Carrying out educational programs in local languages on legal issues and procedures of concern to their community, Assisting clients in the bureaucratic procedures to obtain birth, marriage, or death certificates, identity cards, pensions, family allowances, medical certificates etc., Providing advice and help in social welfare matters, Giving legal advice, explaining how the state law suggests to solve the problem, Mediating between conflicting parties or referring them to traditional or modern dispute settlement institutions in the search of peaceful resolution, Referring clients to competent state services (such as the town-hall, police, court, lawyers, judges) or to legal counseling Centre of NGOs, which can support them, as a last resort, to take their case to court. 2.3 Training of Paralegals It must be noted that graduating with a Law Degree does not necessarily mean a person is qualified to do Paralegal work. Further training is required to gain knowledge of the practical side of the profession. The training of Paralegals is mostly organized by NGOs promoting women s and human rights, in rare cases also by law societies, law faculties, or government departments. Professional lawyers (legal practitioners and university lecturers) or experienced human rights activists carry out the training. The focus of the training is on the state legal system, existing laws, especially family and inheritance laws, and the judicial organization of the country. Often, the training includes information on the most important international human rights treaties, such as CEDAW. Many Paralegals receive additional training in conflict resolution, mediation skills, and participatory methods which are applied in culturally adapted educational programs. 7 Paralegal trainees are preferably selected from the community in which they will become active in order to ensure that they speak the local language and are well acquainted with the local realities; trusted and respected members or social leaders of their community (many of them already exert a social profession, such as midwife, social worker, or teacher); and recommended by traditional, religious, or local state authorities or by already active Paralegals, in order to ensure their future support and cooperation. It must be noted that in some countries traditional authorities such as chiefs, their secretaries and advisors have been trained as Paralegals, which contributed both to a high acceptance of their work 7 Ibid. 4

6 by the population and to reforms within the customary law, bringing it closer to the state law and human rights standards Areas of specialization Paralegals are found in all types of organizations, but most are employed by law firms, corporate legal departments, NGOs, and various government offices. 9 In these organizations, they can work in many different areas of the law, including litigation, personal injury, corporate law, criminal law, employee benefits, intellectual property, labour law, bankruptcy, immigration, family law, and real estate. As the law becomes more complex, Paralegals become more specialized. Within specialties, functions are often broken down further. For example, Paralegals specializing in labour law may concentrate exclusively on employee benefits. In smaller law firms or organizations, duties are often more general. 2.5 Challenges Several challenges are associated with the Paralegal concept. 10 A key issue is to ensure the quality of the services and advice, which can have serious consequences for the people turning to Paralegals for assistance. This includes the length of training that Paralegals should receive. These currently range from as little as one week to as much as three years over staggered periods. Organizations such as the Legal Resources Foundation in Zimbabwe and the Legal Resources Centre in South Africa are examples of organizations that now offer long-term, certified programs for Paralegals. Supervision and continuous training are necessary means to update and consolidate legal knowledge and experience in a long-term perspective. There is also the issue of Paralegal recognition. While the concept is still fairly new, it may be difficult to assess where Paralegal services can fit in, especially if there are other channels of solving disputes, such as chiefs. Paralegals can also be perceived as competitors by traditional or state authorities. Law Societies or other similar bodies may also not be too keen on giving Paralegals too many powers. Another problem is that of outreach. Most organizations working with Paralegals operate within limited geographical entities. This raises the question of whether governments should be expected to support Paralegal programs. Those who are in favor of state involvement argue that it is the duty of the state to ensure that its citizens have access to justice. Those who are against state involvement argue that it would compromise the work of Paralegals as in some instances they may be called upon to challenge existing authorities, for example power excesses of governments infringing on peoples rights. Equally significant is the issue of the extent to which Paralegal programs should be integrated with strategies that address people s basic needs and problems emanating from poverty in general. In some cases Paralegals have found that people are more concerned with their immediate needs emanating from poverty, than they are with strategic needs, which make them aware of the potential of state laws. However, the capacity to claim and assert one s own formal rights has often a direct link to the well-being and economic situation of individuals, since law regulates the access and control over resources, such as land, inheritance, or alimony. 2.6 How Paralegals contribute to good governance and democracy 8 Ibid See note 1, above. 5

7 Experiences from countries all over the world show the potential benefits of the Paralegal approach. 11 Paralegals increase people s legal knowledge and awareness as well as improve their access to judicial and administrative services. Paralegals often open up new social spaces for marginalized groups by supporting the foundation of community based organizations, strengthening their voices and leadership capabilities. In particular, this holds true for women who are often excluded from public life and whose self-confidence can profit from recognizing that they have rights of their own. Apart from that, the Paralegals themselves become more outspoken within their own families and in public. Many of them are reputed for their technical expertise and some of them (often women) have subsequently made their entrance into public committees and traditional councils. Paralegals work contributes to a closer cooperation among different state and community services and enhances transparency and accountability of the state system. In legal reform processes, the cooperation with Paralegals can help to rapidly assess laws and legal practices, which require attention from the perspectives of marginalized groups. In some cases the Paralegal work has conquered the attention of the judiciary, police and parliamentarians, and has influenced and accelerated reforms in law and legal practices by feeding back the legal needs of the population. Paralegals are important cornerstones in the building-up of civil society, good governance and democracy. Malawi 2.7 Success stories from countries where the Paralegal approach has worked 12 In Malawi, the Paralegal Advisory Services (PAS) has since 2000 been offering Paralegal aid in criminal matters covering 84% of the prison population, 4 police stations and 4 court Centres in addition to providing basic legal education through clinics, assistance, and advice to prisoners. Over 10,000 prisoners have been reached and an independent evaluation found that prisoners had become more sophisticated in their understanding of the law and court procedures. The successes of PAS and other NGOs involved in justice service provision have led to several developments: the Malawian Law Society is considering including Paralegals in a review of the Legal Education and Legal Practitioners Act, 1965 and the draft Legal Aid Act, 2005 formally recognizes the role of Paralegals as competent providers of basic legal advice, legal assistance, and civic education and information about the law. In partnership with the University of KwaZulu Natal in South Africa, PAS has developed a two year diploma course for Paralegals. South Africa Paralegals play a huge and significant part in providing basic legal services to poor South Africans. Through over 260 Paralegal Advice Offices countrywide, Paralegals help people learn about their rights and in this way give them the confidence to try and sort out their own problems in the future. Paralegals run public education programs and encourage people to resolve disputes through 11 Ibid

8 methods which do not involve the courts, including negotiation and mediation. In certain matters, they do referrals to competent authorities for the action. Several NGOs in the justice sector provide training and accreditation for Paralegals. The Community Law and Rural Development Centre for example provide training and support for a network of 56 Paralegal Advice Offices in rural areas. At the end of the training, Paralegals receive a diploma from the University of Natal. Currently, two draft bills on legal practice recognize the role of Paralegals in the South African justice sector. In addition, a consortium of NGOs across five countries in the sub-region, including Lawyers for Human Rights have formed the Southern Africa Legal Cluster Assistance Project to lobby and advocate for the legal recognition of Paralegals in southern Africa. Kenya For over a decade NGOs have provided rural community with access to primary justice services through community-based Paralegals. The Legal Resources Foundation (LRF) for instance promotes access to justice through human rights education and empowers community to claim and defend their rights. In 2000 a coalition of over 20 civil society organizations undertaking Paralegal initiatives, including the LRF, formed the Paralegal Support Network (PASUNE) to harmonize and standardize Paralegal training and coordination. PASUNE has developed a curriculum for Paralegal training and a manual to accompany it. The network is currently advocating for the enactment of legislation that would recognize and institutionalize Paralegals within the justice sector. Moldova Community-based Paralegals are relatively new in the Moldovan legal system although NGOs had been successfully providing some level of legal aid services in rural areas. Legal aid reform in 2008 saw the recognition of Paralegals and specialized non-governmental organizations in the new legal aid law as primary justice service providers. The Paralegals will serve in the rural areas, solving basic legal problems in villages, implementing initiatives, and teaching the inhabitants how to assert their rights. The reasoning for the adoption of this mixed model of legal aid provision was to increase quality, accessibility, and ensure reasonable cost of legal aid services. Sierra Leone Far flung rural community continue to benefit from the efforts of NGOs to provide basic justice services at the local level through community based Paralegals or other similar mechanisms. Timap for Justice, a local NGO, has provided grassroots justice services in the Northern and Southern provinces of Sierra Leone and Freetown since Timap employs a frontline of community -based Paralegals who engage in mediation, advocacy, organizing, and education to address concrete instances of injustice. The Paralegals are supported and supervised by two lawyers who also engage in litigation and high-level advocacy sparingly and strategically to address severe cases which the Paralegals are unable to solve. Timap has gained recognition from independent institutions such as the World Bank and International Crisis Group for developing a creative, effective methodology for providing justice services in the difficult and complex context of rural Sierra Leone. The success of this method of justice service provision is also reflected in governments desire to partner with Timap for Justice and broader civil society to make community based Paralegals widely available. England and Canada In England, Citizens Advice Bureaux and Community Legal Advice Centres provide a mix of legal services including legal advice, information and representation, education and community 7

9 organizing. These organizations are largely staffed by volunteers and receive funding from the government. Similarly in Canada, the provinces of Alberta, British Columbia, and Ontario host scores of community legal clinics which offer primary civil legal aid services to indigent persons. Staffed by lawyers and Paralegals, these clinics provide eligible individuals with free legal information, advice and representation. They also engage in legal education and community development initiatives. In addition, the law schools in these provinces also operate legal clinics where law students under the supervision of lawyer are able to provide legal help to those who do not qualify for legal aid. 2.8 Some of the key lessons that have emerged from Paralegal Programs 13 Paralegal information and advisory services are necessary and important, but should be accompanied by complementary activities in order to render sustainable results bridging the gap between formal rights and legal realities. Activities such as research on legal practices, lobbying for law reform, support for poor claimants in court, and awareness-raising and training of administrative, judicial, and traditional authorities can help to make their services more efficient and less discriminatory against marginalized groups. Mediation is often welcomed by clients as a traditionally rooted, time-and cost-saving alternative to court proceedings. However, in specific cases, such as violence against women, mediation is unlikely to resolve the problem as there is minimal scope for compromise. In such instances, cooperation with the state institutions in the justice and security sector is required. Experience has shown that, although Paralegals are discreet and confidential when conducting their work, women may be reluctant to accept their mediation in marital conflicts for fear of offending their family honor. Most Paralegals do Paralegal work on a voluntary base as they are convinced of its importance and benefit from additional training and prestige. A monthly allowance to cover their transportation and communication costs facilitates their long-term commitment to the Paralegal work. Paralegals can have difficulties in becoming active, if government authorities are not convinced of their legitimacy, but see them as interfering with the state monopoly on law. Even if NGOs are politically neutral and consistently cooperating with the authorities, they may get accused of acting against the government. Individual Paralegals may be harassed by the police and some legal counseling Centres have been shut down as a result. To counteract this, Paralegals should receive training certificates, Paralegal statutes should be passed, and government authorities should be kept informed about Paralegal activities. 13 See note 1, above. 8

10 3.0 SURVEY DESIGN AND METHODOLOGY The survey was conducted using multiple methodologies in identifying its Respondents. Initially, the prior list of Paralegal Centres and groups was developed. While in the field, identified Respondents provided information as to other potential Respondents who were not part of the list. The study started by employing purposeful sampling whereby Paralegal Centres and groups noted within were targeted, random sampling was used when identifying Respondents in those particular organizations or groups. Random sampling framework was used to identify the total number of Respondents whereby all identified institutions were represented by one and up to four Respondents. 3.1 Target group Paralegal Centres or groups were a primary target for this survey. Institutions selected were those managing and handling Paralegal activities. In the process of data collection the study engaged Paralegal Centres, administrative government officials, magistrates (court), private advocates, and Non- Governmental Organizations (NGO). 3.2 Survey Area The study took place in the twenty one (21) regions of the Tanzania mainland. 3.3 Methods of data collection The nature of this study called for both Quantitative and Qualitative methods of data collection. The choice of qualitative method stems from the fact that the Respondents provide insight on the perceptions of other relevant stakeholders towards Paralegal work. The perception of the interviewed Respondents later provides an avenue to propose remedial measures. The study used Key Informants Interviews to get in depth knowledge on the profile for each institution, as well as the challenges and steps undertaken to redress the situation. The key informants interviews engaged Paralegal coordinators, members and legal clients. Regional and District Administrative officers such as Regional Commissioners (RC), Regional Administrative Secretaries (RAS) and District Executive Directors (DED) were engaged in this study, Judicial Officers (Resident and District and Primary Court magistrates), Private advocates and Civil Society organizations. (See Annex 1 and 2 for a checklist that guided the Key informant interviews). The study used quantitative methods of data collection due to their strength in establishing the magnitude and extent of gaps and strengths of targeted organizations or groups. The study used a semi-structured questionnaire with both closed and open ended questions to generate data. 3.4 Sampling The survey adopted 15% of population representation, as there are total of 850 active Paralegal members. All primary target institutions (Paralegal) identified were interviewed. Analysis of this report has mostly taken into account the responses provided by Paralegals who were considered as key informants. Information by other Respondents was used to shed light, supplement, and verify information provided by the key informants. Total number of the Respondents and institutions interviewed are presented in the table below. Table: Total number of Respondents and Institutions interviewed 9

11 NO. INSTITUTION OR PERSON INTERVIEWED TOTAL RESPONDENTS 1. Paralegal Centers and Groups (49) Regional/District Administrative Office District/Resident Magistrates Court Private Advocates Non-Governmental Organisations Beneficiaries (Legal Clients) 26 TOTAL

12 4.0 CHARACTERISTICS 4.1 Characteristics of services in rural and urban areas According to the survey conducted the ratio of Paralegal Centres and groups working at the district level is more similar to those based at regional level (25:24). However, the level of performance for Paralegals deteriorates as you go to remote areas. This is evident when one visits Arusha (AWLAHURIC), Shinyanga (PACESH), Kigoma, Dodoma (WOWAP), Morogoro (MPLC) or Songea (SOPCE) regional Paralegals as compared to Mvomero, Ulanga, Bukombe and Kahama district Paralegals of which the performance is not very much impressive. Regional Centres have more reliable services, offices premises, moderate office equipment, and improved documentation and record keeping, which facilitate increased program achievements. The main reason for such variation of growth between regional and district Paralegals could be due to the fact that almost half of the district Centres were those formed by regional Centres as sub-centres, hence depicting inability of regional Centres to provide independent support and monitoring. 4.2 Specializations among Paralegals In providing services generally, there have been some efforts to establish specialisation. The mandate and objectives of the organizations setting the Paralegal Centres has been the driving force in terms of identifying legal issues to be trained. The survey indicated that organization working to promote women s rights such as WLAC, TWCWC, TAWLA recruited Paralegals who are mainly focusing on domestic laws such (The Law of Marriage, Inheritance, Sexual Offences, Land Matters, Children Rights), while organizations such as LHRC have led their efforts on general human rights (Constitution Law, Human Rights, Land Matters, Court Procedures). 4.3 Characteristic of education and professional training In determining the level of education of Paralegals, it was noted that 42.1% of the Respondents had completed Form IV Ordinary Secondary education, 28.6% had completed Primary education, 16.4% had completed college education, 7.9% had attained University, and only one individual (0.7%) having completed adult education. In assessing whether education is criteria applied by organizations in selecting Paralegals, it was discovered that the level of education has not been a factor for selection. In fact, ability to read and write as well as volunteerism have been the minimum threshold for Paralegal selection and therefore, Paralegals are individuals with diverse educational backgrounds. The survey indicates as many as 74% of Respondents are able to read and write both Kiswahili and English, as indicated below: Can you read or write? Cumulative Frequency Percent Valid Percent Percent Valid Yes, Swahili Yes, Swahili and English No further response Total

13 As far as professional training is concerned, Paralegals come from different professional backgrounds, others with no profession at all. The survey provided that only 15 out 140 interviewed Respondents have a profession, namely teaching, veterinary, accountancy, personal secretarial, and information technology (IT). Paralegals have not been categorized as a professional in Tanzania as there is no accredited institution or uniform standards. 4.4 Characteristics of gender balance The analysis shows that the percentage of female Respondents in the survey was 57.9% (81) as compared to 42.1% (59) male. Generally, there were more females due to the fact that women are readily available to volunteer in women s right organizations and gender balance has been the selection criteria for Paralegal membership. 4.5 Characteristics by age The majority of the Respondents interviewed indicated to be above 44 years old (61.4%) with a youngest Paralegal being 22 years old and the oldest Paralegal was 76 years old. 33.6% were aged between 22 to 43 years, only 5% of the Respondent s age was not provided. When assessing the number of young people working as Paralegal it was noted that the Respondents aged between years were 37.1% while the remaining 57.9% Respondents ranged between years. The results indicate that as people grow older they are more likely to become involved in volunteer work as compared to when they are younger. The spirit of volunteerism and maturity were identified to be motivating factors for Respondents of older ages in choosing to work as Paralegal. 5.0 DATA PRESENTATION AND ANALYSIS 5.1 Paralegal Profile and Establishment Geographical Coverage 12

14 The baseline survey discovered that Paralegal services are offered in all twenty one regions of Tanzania mainland, although their number did not justify their ability to reach every remote area of the country. The survey noted that a total of 49 Paralegal Centres and groups are currently operating in the country with a total of 1,770 trained Paralegal members. It was further noted that most of the Paralegal Centres (27) are based at the district level with fewer operating at the regional level (22). In terms of their size and operation, however, those at regional level are much stronger compared to those based at district level. Almost half of the Paralegal Centres operating at the district level were set by those operating at the regional level as Paralegal sub-centres and the remaining half were formed directly by human rights not-for-profit organizations with offices outside the region. The list of the said Paralegal Centres and memberships are indicated in the table below: Table 1: List of Paralegal Centre and groups in Tanzania Region District No. Name of the Paralegal Centre ARUSHA Arusha Urban 1. Arusha Women Legal Aid and Human Rights Centre (AWLAHURIC) Ngorongoro 2. LASHEHABINGO COASTAL 3. Kibaha Paralegal Centre 4. Kibaha Picha ya Ndege Paralegal Centre DAR-ES- Ilala (Ukonga) 5. UYAWEKO Women Group SALAAM Kinondoni 6. KIWAKIJA (Tandare) DODOMA Dodoma Urban 7. Women Wake- Up (WOWAP) IRINGA Iringa Urban 8. Iringa Paralegal Aid Centre Mafinga District 9. Kituo cha Msaada wa Sheria Mafinga KAGERA 10. Kitengo cha Kusuluhisha Migogoro na Kutetea Haki za Binadamu Muleba 11. Kitengo cha Kuzuia Ukatili wa Majumbani (DVP) KIGOMA Kigoma Urban 12. Kigoma Paralegal Centre (KIPACE) Kasulu 13. Mtabila (WAKI) Kasulu 14. Nyarugusu (WASHEKANYA) KILIMANJARO Moshi Urban 15. Moshi Paralegal Centre LINDI Lindi Urban 16. Lindi Women s Paralegal Aid Centre (LIWOPAC) Nachingwea 17. Nachingwea Paralegal Centre (NAPAU) Ruangwa 18. Ruangwa Paralegal Centre (RUPAU) MANYARA Hanang 19. Bulgada 20. RAGONDEGA (CBO) 21. Interfaith Mbulu 22. WASHEHABIMU Kiteto 23. Enguselo Paretimbo Songambele Dosidosi Matui Kiteto (EPSODOMAKI) Kiteto 24. Kiteto Paralegal Centre Kiteto 25. Kiteto Paralegal and Human Rights Centre (KIPAHRC) MARA Serengeti 26. Wasaidizi wa Haki za Binadamu (WASHEHABISE) Tarime 27. Sheria na Haki za Binadamu Tarime 13

15 (SHEHABITA) Rorya 28. SHEHABITA, Rorya MBEYA Mbeya Urban 29. Mbeya Paralegal Centre (MBEPAU) Kyela 30. Kyela Paralegal Centre MOROGORO Morogoro 31. Morogoro Paralegal Aid Centre (MPLC) Urban Morogoro Rural 32. Kituo cha Wasaidizi wa Kisheria Morogoro Vijijini Mvomero 33. KWASHABIM 34. Kituo cha Wasaidizi wa Kisheria Kata ya Kanga Ulanga 35. Ulanga Paralegal Centre (UPLC) MTWARA 36. Mtwara Paralegal Centre MWANZA Mwanza urban 37. Mwanza Paralegal Aid Centre (MWAPACE) Ukerewe 38. Ukerewe Paralegal Aid Centre (UPACE) SHINYANGA Shinyanga 39. Paralegal Aid Shinyanga (PACESH) 40. Mhunze Shinyanga Paralegal Kahama 41. Mafunzo, Utetezi na Vitengo vya uzalishaji mali (MUVUMA) Bukombe 42. TWIMANYE SINGIDA Singida Urban 43. Singida Paralegal Centre RUKWA Rukwa Urban 44. Rukwa Legal Aid Centre (RUWLAC) 45. Palm Human Rights Foundation (PHRF) RUVUMA Songea Urban 46. Songea Paralegal Centre (SOPCE) TABORA Tabora Urban 47. Tabora Paralegal Centre TANGA Tanga Urban 48. Tanga Paralegal Aid Scheme for Women and Children 49. Tanga Paralegal Aid Centre Organizations involved in setting Paralegal Centres The survey wanted to find out who are the leading organizations in formation of Paralegal Centres. WLAC has a leading as nearly half of the Respondents (45%) were formed by the organization followed by 10.7% formed by LHRC, and 11.5% formed by Paralegal Centres forming Paralegal sub- Centres at District level (LIWOPAC, PACESH, MPLC). The remaining 28.6% are those formed by faithbased organizations such as Caritas, Diaconia, Church (ELCT), Pastoralists, other organizations such as TAWLA, KIVULINI, WOWAP, PINGOS, development partners (Netherlands) and by individual efforts of a Members of Parliament. The three Paralegal Centres which established sub-centres at district level were initially formed by WLAC indicating the organizations experience and commitment in championing Paralegal work in Tanzania. Pie chart 1: Organizations involved in the setting up of Paralegal 14

16 The findings indicates that apart from the leading organizations, such as WLAC and LHRC that establish and facilitate the work of Paralegal services, Faraja Trust Fund, SHIDEPHA+, CCT, CARITAS and ELCT whose percentage range between 0.71% and 4.23% were noted by interviewed Respondents as among other organizations providing the same kind of service. Unfortunately, due to time constraints, it was not possible to visit mentioned organizations to verify the information provided. However, it should be noted that with many organizations involved in Paralegal services, there is a need to ensure harmonization of the services provided by all stakeholders Experience and Status Years of Experience The first Paralegal Centre was indicated to have been formed in early 1990 and to date, new Paralegal Centres have been formed annually with the exception of 1991 and The vast experience possessed by many Paralegals derives from more years of being active in the field. Experiences are built through the services being offered including attending cases. Around 35.6% of Respondents interviewed indicated that they have more than 10 years of experience in the field, 31.8% with 5 to 10 years of experience, and 32.6% with less than 5 years experience Registration Although the first Paralegal Centre was launched in 1990, it took eight years before the first Paralegal group decided to officially register itself. The survey indicates Paralegals prefer to operate as informal groups and later as they grow, the need to formalize becomes clearer. The survey found that the majority of the Respondents indicated to have acquired legal registration (65.7%) while 32.9% have not yet done so. Most of those not registered indicated having plans to register in the future (33 out of 46). As for those registered, the survey showed the most preferred the form of registration under the Non-Government Act, 2002 (70%), with others registered under the Societies Act (11%), the CBO (12%) and Companies Act, 2002 (7%). Since most of the Paralegals were registered after 2002, the legal environment compelled not-for-profit organizations to be formalized under the new NGO Act of Registration fees under the NGOs are compared to the fees charged by the Companies Act. 15

17 Bar Chart 1: Form of Registration by Paralegal Total Number of active members The trend indicates an average of 30 participants are involved in a single training conducted by organizations running the Paralegal programs. With a total of 49 Paralegal Centres and groups currently existing, the estimated number of people trained as Paralegals is around 1,470 plus more than 300 others who were trained during Paralegal refresher courses. WLAC has been conducting refresher courses as part of enhancing performance of existing Paralegal and adding new Paralegal members. While the number of individuals trained as Paralegals is 1,770, current status indicates only 850 stand as active members. The need to investigate the reasons for their drop-out rate is crucial in order to ensure sustainability. The chart below indicates the number of active members by gender. Table 2: Number of active Paralegal Members SEX NUMBER Female 530 Male 320 TOTAL Knowledge and Capacity Building Recruitment training The survey examined the common field of law that Paralegals receive training in. The most trained legal field identified by Respondents during the survey was on domestic relations laws. Majority have been trained on The Law of Marriage Act, Inheritance Laws, Children Laws, and on the Land Acts, Human Rights and Employment and Labor Relations Act. Table 3: Number of Respondents undergone in a specific training of law LAW NO. PERCENT 16

18 RESPONDENTS (%) TRAINED (out of total 140) Land Acts Marriage Act Inheritance Laws Child Acts Employment & Labor Relation Human Rights Civil 7 5 Others According to the Table provided above, majority of the Respondents have been trained on Land Acts of 1999 followed by the Marriage Act of 1971 and Inheritance Laws. It is worth noting that no Respondent has undertaken legal training on other fields of law such as Commercial law, International law, Criminal law or exhausted Civil law. In investigating the frequency of training provided, the study unfolded the number of training sessions within major subjects the Respondents have undergone. It was noted that 77.9% have been trained more than once, 37.9% among them have retrained three to seven times on a particular area of law. The survey further noted that some of the Respondents had received training only once. Lack of uniform mode of training among the organizations Paralegals likely produce some Paralegals who are better qualified than others Capacity Building training/courses The survey sought to examine the leadership and management capacities of Paralegals by looking at whether they have undergone other courses on areas that could enhance their service provision. In assessing whether Paralegals have undergone leadership courses it was reported that 52.1% have undergone leadership courses while 45.0% have not attended leadership courses. This means that the Paralegal Centres which are strong and sustainable are being coordinated by the percentage of those who have undergone leadership courses organized by Civil Society Organizations like WLAC (9.3 percent), LHRC (7.1 percent) and FCS (3.6 percent) whilst those which are a little bit dormant are being coordinated by those who have not undergone leadership courses. However, it is still doubtful if even those who have undergone leadership courses are basically for managing organizations like Paralegal Centres because the percentage of those attended courses prepared by CSO s is still very low as indicated above. With regards as to whether Paralegals have undergone courses on counselling skills 65.0% of the Respondents attended the courses while 32.1% of the Respondents did not attend. In analysis, though more than half of the Respondents attended courses on counselling skills yet the percentage of the Respondents who have not undergone this course is very high in connection with the nature of the services which are provided by the Respondents. In actual fact, whoever engages in this sort of work should be well trained especially on counselling so as to be able to deal with any sort of problem referred to him/her. When asked as to whether they have undergone courses on fundraising 57.1% of the Respondents had not attended this course while only 36.4% of the Respondents had successfully attended this course. It follows by saying that it is very difficult to run an organization which relies on raising funds 17

19 for the purpose of implementing activities while there is little or no knowledge at all on issues related to the fundraising. Record keeping is an essential part of the organizational work and development. Proper record keeping assists the organizations to have progress on the daily work performed. 63.6% of the Respondents have undergone courses on record keeping while 31.4% have not taken this course. Report writing is one the key components for record keeping. In the survey, it was reported that 58.6% of the Respondents had attended training on report writing while only 37.9% had not attended. Inability to produce well written reports affects documentation and the dissemination of the achieved results. Despite the fact that most of the Paralegals have undergone courses on record keeping and more than half on report writing, yet this figure mainly represents Paralegals located at regional level. For those located at the district level, it is difficult to determine some of the information, for instance the number of cases which have been attended. Accounts record keeping is also an integral part of organization management. Proper accounts record keeping assists organizations to have sound financial structures, which insures the implementation of the organizational activities based on the resources and budget at hand. 52.6% of the Respondents have undergone courses on records keeping while 41.4% have not taken this course. The percentage of those who have attended this course is higher than those who have not attended, yet the amount of Respondents who has not taken the training can be improved. Each organization cannot stand alone and perform all activities exclusive of other organisations. There are other organizations which are also working with the community who have similar goals though, to some extent, differ in activities and programs. Working with these organisations is pivotal to each organization s success. In assessing if the Respondents have undergone courses in relation to the building networks with other groups/organizations 55.0% reported that they have attended this training while 39.3% have not attended. Lobbying for policy changes and advocacy is one of the areas which Paralegals are engaged. The figures indicate that 56.4% of Respondents have successfully attended training on this matter while 37.1% have not attended. In analysing these figures, more Respondents than not have attended this course, which is a positive current status. However, the many Respondents who have not attended this training suggested that the arrangements should be made or a system put in place for Paralegals to attend training on policy change and advocacy. Despite the fact that Paralegals have responded on the above noted courses, 76.4% were unable to report whether they have attended other courses. 17.1%, however, reported successful attendance at other courses, while 6.4% have not attended other courses. Other courses, even if not directly associated with the specific work being performed, may still play an important role in widening the Paralegal s knowledge. Predictability and the availability of funds contribute to the extent that organizational activities can be implemented. In most cases, if organizations have issues with funding sustainability of the services will be comprised and services which ought to be provided by the Paralegal organizations may be absent Training Capacity Building Priorities Despite the fact that Paralegals have been trained and presumably, are working to the extent of their legal capabilities, the survey indicates that 81.4% of the Respondents wish to engage in further training on various matters and 30.0% suggested training on management and project management, including leadership and administration training. 18

20 Other preferred topics were 25.7% on projects and report writing, 21.4% on accounts record keeping, 15.7% on Human Rights issues, 12.1% on record keeping, 12.1% on fundraising, 12.1% on counselling services, 10.7% on entrepreneurship, and 45.7% on other courses. Notably, only 2.9% suggested training on the use of computers and the internet. From the above figures, it is noted that Paralegals are very interested in continued training to increase and improve the services they are providing. It is also noted that apart from the legally related courses, other organisational training are also important to Respondents. These courses include: counselling, conflict management, resource mobilization, and project management. Therefore, it may be prudent to include more training should be integrated in their programmes as part of their capacity building since majority are registered organizations. Bar Chart 2: Most preferred Training Capacity Building areas 19

21 Legal advice appears to be the service provided by Paralegals on regular basis. The service least provided was drafting/writing administrative letters and other documents. Number of working days per week varies in each Paralegal Centre or group with majority working five days per week at 39.3%. 29.3% Respondents indicated to be working more than once per week and 6.4% of Respondents provide service only once per week. 25% of the interviewed Respondents highlighted the fact that they had no specific or assigned work days for offering services. This may indicate a lack of planning and leadership, an absence of commitment by members, or inadequate physical office space. Women are the main beneficiaries of the service provided by Paralegal as 46.4% of the Respondents provide legal services targeting women only, with 52.1% targeting both women and men, and less than 2% focus on assisting other vulnerable groups including elder persons, children, or persons with a disability Cases reported at the Paralegal Centres In responding on what kind of cases which are reported to the Paralegal Centres, the survey reported that matrimonial cases are leading with 35.7% of total cases, followed by Land disputes at 23.5%, inheritance cases at 15%, and child related cases at 11.9%. Human rights cases comprise only 1.1%, criminal cases only 1.4% and 1.8% are civil cases. Pie Chart 2: Leading cases The study found that the highest percent of the cases reported to the Paralegal Centres are domestic/family related cases. Therefore, this area should be improved on upon accordingly, with a focus of capacity building in dealing with and responding to domestic disputes. These figures are also indicative of the fact that most Paralegals have received training on laws relating to family matters. These results also show that it is unlikely that Paralegals will attend civil cases. Further, criminal cases are more often reported straight to the police station. The results also indicate some poor record keeping as 9.6% of cases have not been accurately reported Technical Support while attending reported cases The study sought to examine whether the Respondents could access to legal advise or support on technical or difficult cases. The results reported that 83.6% of Respondents reported that they were able to secure legal advice on difficult cases with only 15.7% reporting that they were unable to be assisted on their difficult legal matters. 20