The Legal Advice and Services Centre - Part One: Expanding Access to Affordable Legal Services in Belize
In a developing country such as Belize, access to services is a constant challenge for people with limited financial resources.
Just over 40% of the population of this small Central American nation live in poverty[1]. For many families, paying for competent and qualified legal assistance, regardless of circumstances, is simply not an affordable option.
Established in 2002, the Legal Advice and Services Centre exists to provide legal aid to those who do not have the means to hire a private attorney. With only four full-time lawyers and three support staff, the agency headquartered in Belize City struggles to meet demand. However, the current roster of attorneys represents a four-fold increase in human resources. For the first seven years of operation the centre only had one lawyer to serve the entire country.
Attorney Baja Shoman has been at the Legal Advice and Services Centre since completing law school five years ago. “It gives me an opportunity to give back”, she says. “It also allows me to gain experience in a wide variety of legal matters”.
Belize law only requires a pro bono lawyer to be provided when a person is charged with murder. Even then the attorney is not assigned until the trial phase of a case begins. While the Legal Advice and Services Centre is tasked representing some of the people accused of murder, the judiciary may assign those cases to other private attorneys.
Clients who seek help from the centre have needs that range from matters such as divorce or estate planning, to child custody and maintenance issues, to criminal offenses. A consultation fee of BZ$50 (US$25) is charged, a fraction of what a private attorney may demand for the same service. Depending on individual circumstances the centre may waive fees altogether. To prevent abuse of the system, all clients are subjected to a means test to determine whether or not they could afford a private attorney.
The Legal Advice and Services Centre falls under the Ministry of the Attorney General. Solicitor General, Nigel Hawke, is the person in charge. It’s a responsibility he loves. “Legal aid is kind of a passion of mine”, he says with a bright smile. Under the stewardship of Mr. Hawke, the centre has managed to not only increase staffing but also expand the number of Legal Advice offices countrywide. Intake centres have been opened in Belmopan and Orange Walk. Additional facilities will soon be opening in the southern towns of Dangriga and Punta Gorda.
Another of Mr. Hawke’s plans for the organisation is to create a special department to deal specifically with issues involving children. “The hope is that at some point we are going to have a dedicated unit set up within the Legal Advice and Services Centre that will deal with juvenile justice.”
The centre has taken the first small step toward realising that goal by entering into a partnership with UNICEF Belize. With financial support from UNICEF and the European Union, the Legal Advice and Services Centre has been able to hold a series of traveling legal clinics throughout the country. At these sessions lawyers provide free advice on any legal matter. But according to UNICEF project manager, Angel Cowo, the underlying objective is to reach people who need help with situations where children and adolescents are involved.
“When we discussed the project with the Legal Advice and Services Centre we looked at selecting communities that have higher incidents of child abuse”, Mr. Cowo explained. “There is a fear of stigma in small communities and addressing only child abuse cases might make people hesitant to be seen coming forward to seek advice. By making the clinics more general nobody will know if you coming for help with a land issue, a divorce, or child maintenance.”
16 clinics are being held from August of 2017 until April of 2018. The primary mission at each clinic is to dispense accurate and sound legal information in areas of the country where people may not have access to practising attorneys. According to Ms. Shoman, well respected but untrained people too often act as amateur legal advisers in many communities. “So instead of asking a village chairman what to do, the village chairman will now be able to tell you to come out to our legal clinic and get the advice you need from a trained lawyer”.
Simple matters, such as wills, can be processed at the clinics. People who require further services from a lawyer are referred to the main office in Belize City for follow up.
Crown Counsel Natasha Espat is the newest member of the team of lawyers at the Legal Advice and Services Centre. “I interned for two and a half months as part of my law degree. I fell in love with the place. I fell in love with the whole idea of helping people.” According to Ms. Espat, one of her biggest challenges at work is maintaining professional boundaries. “My first week at Legal Advice I was shocked because I didn’t think it would be so emotional”, she recalls. “Sometimes people don’t come in for advice, they just want to talk to you about their problems. It’s hard to have someone come into your office and they are crying. You can’t help but feel sympathy for them. I try to stick to strictly legal advice, because that is my job, but it does affect you on a personal level.”
In part two of this story we will visit the Legal Advice and Services traveling clinic in Hopkins Village.
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[1] Source: Government of Belize/Caribbean Development Bank, www.caribank.org/uploads/2012/12/Belize-2009-Report-Vol1.pdf.