Access to a properly funded legal aid scheme is vital if those with minimal financial means are to access justice. Now, thanks to years of work and diplomatic efforts, UN member states have agreed that legal aid schemes are not just optional; they should be a basic part of any country's justice system.
The UN Commission on Crime Prevention and Criminal Justice has just adopted at a meeting in Vienna a ground-breaking resolution on "access to legal aid in criminal justice systems". The resolution adopts a set of "Principles and Guidelines" designed to ensure that access to legal information, advice and assistance is available to all through the provision of legal aid—thus realizing rights for the poor and marginalized and entrenching one of the key building blocks of a fair, humane and efficient criminal justice system.
This is the first international instrument on legal aid. It brings us a step closer to ensuring universal access to human rights—rights that remain illusory if they are only accessible to those with financial means.
The genesis of this resolution was the 2004 Lilongwe Declaration on Accessing Legal Aid in the Criminal Justice System in Africa. In 2007 ECOSOC called on the United Nations Office on Drugs and Crime to develop a global instrument. Since 2009 groups of experts, from all continents, including the Open Society Justice Initiative, have gathered several times in Vienna to draw together best practices and develop a draft that was reviewed by the Member States in 2011. The result is a practical document that traces the criminal justice system from the pretrial to post-trial stage and highlights a number of important components:
- Prompt access to legal aid at all stages of the criminal justice process.
- The involvement of a diversity of legal aid providers including lawyers, university legal clinicians and paralegals.
- The development of a nationwide legal aid system that is sufficiently staffed and resourced.
It is aimed to help states design and implement innovative, comprehensive and sustainable systems.
The resolution was sponsored by Cameroon, Canada, Croatia, Chile, Denmark (for the European Union), Georgia, Germany, Israel, Mexico, Namibia, Nigeria, Norway, the Philippines, Saudi Arabia, South Africa (for the African Group) and the United States of America and the negotiations spearheaded by Georgia and South Africa—highlighting their steadfast commitment to legal aid, both through their national systems and through efforts, such as this, to exchange and improve standards at the international level.
According to Justice Dunstan Mlambo, chairman of Legal Aid South Africa, the way in which a country treats those who come into contact with the criminal justice system is a hallmark of its commitment to human rights. Thus legal aid is not something that is nice to have; it is a must that has to be there. The adoption of the principles and guidelines is a significant and important step forward and a strong catalyst in promoting global commitment to legal aid.
This is an exciting moment—but of course intensive work now begins. If we take a quick snapshot of the reality on the ground hundreds of millions of people currently go without access to legal assistance, they are detained for months or even years without being informed of their rights and without appearing before a court.
In many countries there are literally one to two hundred lawyers for populations of over ten million people, and there are blockages both to training additional lawyers and to ensuring support and backup from qualified paralegals. Legal aid is not only important as a human right and as the foundation of a fair trial. Effective legal aid schemes produce significant positive outcomes both for individuals and for the wider society by improving the performance of criminal justice personnel. They lead to more rational and effective decision-making, and increase accountability and respect for the rule of law.
It is critical now for states to take steps to improve their systems, remove blockages, and adopt practical country-wide strategies. UN agencies and civil society organizations need to provide flexible support, help document best practices and monitor developments. And development funders need to work with governments to support long-term strategies.
Cure for winter blues; Alaskans head to Hawaii and leave cold, dark behind.(Travel)
Albany Times Union (Albany, NY) January 6, 2008 Byline: JEANNETTE J. LEE - Associated Press HONOLULU - To some, a vacation in the tropics involves sipping mai tais poolside at a five-star resort. To others it's surfing lessons or snorkeling on a colorful, fish-filled reef.
To Francis Mitchell and Joanne Mehl of McGrath, Alaska, vacation paradise is the modest second home they have built atop a barren, windswept lava field on the Big Island, Hawaii's youngest and most volcanically active island.
The couple have lived for years in a remote cabin, without running water, in the wilderness of interior Alaska. Each year they, and thousands of other Alaskans, board flights bound direct to the Hawaiian Islands for a break from the cold and, in some places, absolute darkness of a northern winter.
"Hawaii balances Alaska because it is so soft and gentle compared to how hard Alaska can be," said Mehl, 56, who volunteers with rural firefighting crews in the summer and has worked a variety of jobs in her town of 320 people. "At this point, I couldn't live year-round in McGrath because of the cold and the darkness." McGrath, 221 miles northwest of Anchorage, is known for hosting dozens of dog teams during the annual Iditarod Trail Sled Dog Race. The community gets less than four hours of sunlight during the shortest winter days. Temperatures there can fall to minus 60. website big island hawaii
For Alaska's largest air carrier, the annual winter exodus from the 49th state to the 50th is a predictable and attractive market.
Alaska Airlines began flying the six-hour route from Anchorage to Honolulu for the first time in December, when reasonably priced seats to Hawaii sell out fast. The flights, each carrying just 150 passengers, leave once a day.
The airline also acquired the assets of rival carrier Hawaiian Vacations Inc., which had based its entire business on the route for about 20 years.
On a recent flight in December, 150 passengers boarded Alaska Airlines flight 870 at 3 p.m., just as the sun was disappearing behind the jagged white peaks of the Alaska Range. The temperature was 8 degrees.
Many Alaskans on board said they travel to Hawaii for the same reasons as other residents of the western United States. Besides the obvious charms of the well-marketed Pacific islands, the flight time is just five to six hours and does not involve passports, money-changing, or the other hassles of international travel. go to web site big island hawaii
"I just love the atmosphere and the people are great," said Palmer resident Ted Perdue. "It's the closest you can come to being in a foreign country, but still be in the U.S." Perdue, who owns a construction business, was making his fourth trip to Hawaii with his wife, Jeanette, and their two children, Jack, 9, and Chantel, 10. The family travels to the Hawaiian islands every two years around the holidays. This year, they are spending eight days on the Big Island and another eight days on the smaller, and generally rainier, island of Kauai.
Alaskans make up a tiny fraction of the total number of visitors to Hawaii each year, according to Hawaii's Department of Business, Economic Development and Tourism. But they stay longer on average than visitors from any other U.S. state - 13.04 days, according to figures from 2006.
And in Alaska, it seems that most people either go to Hawaii in the winter or know at least one person who does.
Kelly Cassidy, who lives on the island of Kodiak, said several of her closest high school friends happen to be going to the Big Island, where her family is staying. The Big Island is the largest island in the United States and Cassidy's hometown, known for great fishing and giant grizzlies, is runner-up.
"We're going to have a Kodiak party in Kona," said Cassidy, who is 16. "It'll be like the 'bigger' island of Kodiak. Just warmer." Deanza Hjalseth, of Anchorage, said she is meeting her four siblings in the tourist mecca of Waikiki on the island of Oahu. Hjalseth, 25, grew up in the Inupiat Eskimo village of Shishmaref, about 70 miles south of the Arctic Circle.
"We might do a submarine tour, visit Pearl Harbor and go to the Polynesian Cultural Center," she said, referring to an attraction on Oahu that features traditional dance performances and several replicas of Polynesian villages.
As the pilot announced the start of the descent into Honolulu, Kate Kignak of Barrow, Alaska, said she has long been anticipating a 10-day stay on Kauai with her husband and two children.
"It's always been our dream to go to Hawaii," said Kignak, who works at the elementary school in the mostly Inupiat community.
The temperature at Honolulu International Airport was 77 degrees when the plane landed. For many Alaskans, the warm temperatures are a treat, but for one reason or another, the far north will always be home.
"I feel like I need Hawaii, but after a while I long for what McGrath gives me," said Mehl. "There's something so solid and so wilderness about Alaska. As beautiful as Hawaii is, it's still dominated by humans. For us, it's really nice to live someplace that's not." CAPTION(S):
PHOTO LUCY PEMONI/ASSOCIATED PRESS ALASKANS JEREMY ESMAILKA, his wife, Deanza Hjalseth, and daughter Sienna are among thousands who make an annual winter exodus from the 49th state to the 50th.