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Albania

Public Awareness of Access to Justice Mechanisms (AL0078)

Overview

At-a-Glance

Action Plan: Albania Action Plan 2023-2025

Action Plan Cycle: 2023

Status:

Institutions

Lead Institution: Ministry of Justice

Support Institution(s): • Ministry of Justice /AMSHC • CSO

Policy Areas

Access to Justice, Capacity Building, Education, Inclusion, Justice, People with Disabilities, Public Service Delivery

IRM Review

IRM Report: Albania Action Plan Review 2023-2025

Early Results: Pending IRM Review

Design i

Verifiable: Yes

Relevant to OGP Values: Yes

Ambition (see definition): Low

Implementation i

Completion: Pending IRM Review

Description

Brief description of commitment

Access to justice is valued as one of the main principles of the rule of law, therefore it is related to SDG 16: “Promoting peaceful and inclusive societies, providing access to justice for all and building effective, accountable and inclusive institutions at all levels”, which promotes a peaceful and inclusive society that guarantees sustainable development, ensures access to justice for all and aims to build effective, accountable and inclusive institutions at all levels. UNDP has defined access to justice as “the opportunity for citizens to seek and secure a legal instrument through formal or informal justice institutions, and in accordance with basic human rights standards” (2005). The Ministry of Justice in its functional responsibility undertakes to create, lead the implementation, coordinate and facilitate measures and activities together with CSOs and interest groups to increase and ensure the commitment: Awareness and education of the general public on the mechanisms of access to justice. Specific measures and activities are planned for implementation, individually and in government-CSO co-implementation and with a special involvement of the structures of the Civil Society Support Agency.

Identification of the problem

1. What problem does the commitment aim to address? This commitment is aimed at improving and functioning of the appropriate mechanisms as very important elements to enable public access, efficient and effective functioning of access to justice. As a broad principle, which includes several rights in itself, when we talk about access to justice we must keep in mind the right of individuals to have access to justice. The purpose of this component is to provide a clear overview of the challenges that citizens encounter and face every day regarding access to justice, with a special focus on vulnerable citizens and, consequently, the needs of citizens in order to guarantee them more qualitative access to justice, through advocacy initiatives related to these challenges. The component “Access to justice” aims to address the problems of structural and institutional factors, including the complexity and costs of legal processes that hinder access to justice, especially for vulnerable groups and marginalized groups. One of the main principles and obligations of good leadership is transparency and accountability, which directly affects citizens’ trust in the justice system. Strengthening efficiency, transparency and impartiality in the courts is presented as an important challenge which requires the establishment of simple and least bureaucratic mechanisms to ensure fair, transparent, effective, non-discriminatory and accountable services that promote access to justice for all citizens.

2. What are the causes of the problem? The lack of required (budgetary, structural, human) capacities have been some of the obstacles in the lack of full access to justice.  Increasing the transparency of services in the categories in need, how these services are offered by the Free Legal Aid Directorate (FLAD);  Raising citizens’ awareness on access to justice;  Informing citizens about this mechanism, for access and follow-up paths;  Continuous cooperation with FLAD, necessary for citizens to become aware and become more familiar with the concept of justice access mechanisms.

Description of Commitment

1. What has been done so far to solve the problem? This component has found wide scope by being materialized and strongly related to the implementation of the justice reform, the Crosscutting Justice Strategy (CSJS), the Crosscutting Strategy for Juvenile Justice (CSJJ), the Strategy for Public Legal Education(SPLE), and other measures taken by the Government in fulfillment of its mission for an open, transparent and accountable governance/policy. With the initiation of the Justice Reform, a deep reform that is affecting in its entirety every element of the current justice system, a reformation of the legal aid system was also initiated, offering a new spirit, in sync with the requirements and legislation of the European Union and as a facilitating mechanism used to increase access to justice for groups who do not have the financial means to pay legal fees to the bodies/courts and at the same time to enable legal counseling or protection. Free legal aid programs aim to bring the justice system closer to the needs of citizens. For this reason, this component is focused on providing effective but also accessible and affordable legal remedies for solving problems. In this context, it should be emphasized that the independence of the judicial system and its integrity are an essential prerequisite to ensure that there is no discrimination in the administration of justice. In response to the needs and problems, it was intended to undertake commitments including a triple approach on access, transparency, and accountability. The work carried out within this component has continued with priority so as to identify challenges and improve further steps for an effective implementation process. The current priority on access to justice will continue with the aim of improving this component and achieving a transparent government in accordance with best practices and European standards.

2.What are the proposed solutions? From the meetings held within the framework of the drafting of the OGP, CSOs, the participating actors unanimously expressed their agreement on the component of access to justice, which is presented in the second area of priorities with the commitment “Awareness and education of the general public on access mechanisms in justice”. The solutions proposed by the CSOs, participating institutions and actors were about awareness campaigns with special topics for citizens about mechanisms of access to justice. Meetings, forums, campaigns, online information updates on child-friendly justice services, drafting specific manuals for citizens and interest groups on access to justice mechanisms. Below, you will find outlined in more specific terms the concrete measures where the CSOs and the institutions are part of this process and the commitment of the Ministry of Justice. Awareness campaign on the law on free legal aid (leaflets/meetings/joint institutional activities; Preparation of sign language information on child-friendly justice services from each institution and their publication on the official website of the institution; Promotion of restorative justice programs and mediation in schools and in the community; Informing and raising awareness of the subjects of the law “On free legal aid” about their rights to help and access in institutions that can resolve their disputes; Organization of information and awareness campaigns on the ground in areas where there are children most at risk of being in contact/conflict with the law; Organization of awareness campaigns to inform children and parents about the possibilities of providing free legal aid, with the most vulnerable focus groups composed by children; Open forumswith broad citizen participation in order to obtain legal knowledge about law no.111/2017, the free legal aid system, conditions/criteria for benefits/beneficiary subjects/services offered, etc.; Information activities and the development of educational programs in 9-year and secondary schools, and at multidisciplinary centers on criminal law for juveniles. Updating online information, in child-friendly language, about rights and child-friendly justice services from each institution; Drafting of materials that focus on specific legal topics and/or of interest to groups of citizens with special needs, in appropriate and easily accessible formats; Preparation of methods for dispute mediation at school; Development of informative, awareness- raising and promotional activities with students and teachers for restorative justice and mediation to resolve conflicts in schools; Development of information and awareness activities with children and parents about restorative justice and conflict mediation in the community; Assessment of the priority and immediate needs of the citizens for thePLEs (I) Identification of the main central and local authorities that should summarize legal information in simple and comprehensible language for the public, according to their field of activity; Drafting of alternative information materials with graphics, symbols and signs adapted to the categories of beneficiaries and their abilities to receive information.

3.What are the expected results in the framework of the implementation of the commitment? The good administration of a state firstly begins with the guarantees that every individual should have for the realization and protection of constitutional and legal rights. In addition, the protection and guarantee of such rights through access to legal institutions constitutes one of the basic Constitutional and Conventional principles, which has been given special importance since the establishment of the first legal institutions. The current priority on access to justice will continue with the aim of improving this component and achieving a transparent government in accordance with best practices andEuropean standards. Among the achievable and expected results for this component are the following: - 100 awareness campaigns on the FLA law. - Information and awareness campaigns on site, in areas where there are children most at risk of being in contact/conflict with the law. - 100 campaigns organized to make children and parents aware of the possibilities of providing free legal aid, with the most vulnerable focus groups of children. - 10 forums organized with wide citizen participation in order to obtain legal knowledge on law no. 111/2017, the system of free legal aid, the conditions/criteria for benefits/beneficiary subjects/services offered, etc. - 70 information activities in 9-year and secondary schools, and at multidisciplinary centers on criminal law for juveniles. - Materialsthat focus on specific legal topics and/or of interest to groups of citizens with special needs, in appropriate and easily accessible formats. - Prepared methodologies for dispute mediation at school. - Activities developed to raise awareness among students and teachers about restorative justice and mediation in schools. - Activities developed to raise awareness and inform children and parents about restorative justice and mediation in the community. - Estimated priority needs of citizens for PLE (I) Identification of the main central and local authorities that should summarize legal information in simple and comprehensible language for the public, according to their field of activity.

Activities/Milestones | Expected outputs | Expected completion date

2.1.1 Awareness campaign on the law on free legal aid (leaflets/meetings/joint institutional activities. | 100 awareness campaigns on the FLA law. | S II 2023

2.1.2 Preparation of sign language information on child-friendly justice services from each institution and their publication on the official website of the institution. | Information prepared, published on the website of the institution | 2024

2.1.3 Promotion of restorative justice programs and mediation in schools and in the community. | Programs promoted in 3 schools | S II 2023 – S I 2025

2.1.4 Informing and raising awareness of the subjects of the law “On free legal aid” about their rights to help and access in institutions that can resolve their disputes. | 3 information and awareness campaigns | 2024

2.1.5 Organization of information and awareness campaigns on the ground in areas where there are children most at risk of being in contact/conflict with the law. | 100 information and awareness campaigns | S II 2023 - 2024

2.1.6 Organization of awareness campaigns to inform children and parents about the possibilities of providing free legal aid, with the most vulnerable focus groups composed by children. | 100 campaigns organized to make children and parents aware of the possibilities of providing free legal aid, with the most vulnerable focus groups of children. | S II 2023 - 2024

2.1.7 Open forums with broad citizen participation in order to obtain legal knowledge about law no.111/2017, the free legal aid system, conditions/criteria for benefits/beneficiary subjects/services offered, etc. | 10 forums organized | S II 2023 - 2024

2.1.8 Information activities and the development of educational programs in 9-year and secondary schools, and at multidisciplinary centers on criminal law for juveniles. | 70 information activities in 9-year and secondary schools | S II 2023 - 2024

2.1.9 Updating online information, in child- friendly language, about rights and child- friendly justice services from each institution. | Updated and published information | 2024

2.1.10 Drafting of materials that focus on specific legal topics and/or of interest to groups of citizens with special needs, in appropriate and easily accessible formats. | Materials drafted | S II 2023

2.1.11 Preparation of methods for dispute mediation at school. | Methodologies prepared | S II 2023 – S I 2025

2.1.12 Development of informative, awareness- raising and promotional activities with students and teachers for restorative justice and mediation to resolve conflicts in schools. | 2 activities developed to raise awareness among students and teachers about restorative justice and mediation in schools | S II 2023 – S I 2025

2.1.13 Development of information and awareness activities with children and parents about restorative justice and conflict mediation in the community. | 2 activities developed to raise awareness and inform children and parents about restorative justice and mediation in the community | S II 2023 – S I 2025

2.1.14 Assessment of the priority and immediate needs of the citizens for the PLEs (I) Identification of the main central and local authorities that should summarize legal information in simple and comprehensible language for the public, according to their field of activity. | Estimated priority needs | 2024

2.1.15 Drafting of alternative information materials with graphics, symbols and signs adapted to the categories of beneficiaries and their abilities to receive information. | Materials drafted, published and distributed among citizens | 2024

IRM Midterm Status Summary

Action Plan Review


Commitment 5. Public awareness on the mechanisms of access to justice

  • Verifiable: Yes
  • Does it have an open government lens? Yes
  • Potential for results: Modest

  • Commitments

    Open Government Partnership