Recommendations to lengthen the arm of the law

An international group of jurists this week called on Angola to reinforce its judicial system, saying failure to do so may jeopardise funding for reconstruction. In a report titled, 'Angola, Promoting Justice Post-Conflict', the International Bar Association (IBA) said it was mindful of the effects of almost three decades of war on civil society but "attracting international funders ... requires a strong and fair administration of justice". The UK-based group noted that only 23 of the 168 municipal courts were operational, and in areas without municipal courts cases were sent to provincial courts. "The situation has created delays and a large backlog of cases," the report said. Increased access to justice was among the key recommendations made by the IBA. One of the ways suggested was subsidising lawyers who practice outside of the capital, Luanda, but in the long term the government should consider establishing a legal aid system to improve access for the neediest. The IBA urged the authorities to put some 300 detainees in its prisons on trial, noting that it was not unusual for pre-trial detention to last up to three years. The long delays were directly attributed to a lack of judges, but "other causes of the problem are shortages of prosecutors, lawyers generally, and resources in the justice system." Moreover, conditions in prisons were poor, with detainees often relying on relatives and friends to supply food. The government should help to make the study of law more affordable by increasing financial aid to law students, and take steps to make the profession more attractive to prospective lawyers. Universities should also lift the age restriction for legal studies - the maximum age for students starting a law degree is 25 years for day school and 35 for night school. Many lawyers employed by the government also practiced law privately, which sometimes created a conflict of interest. The IBA therefore recommended an increase in salaries for government lawyers, and a subsequent ban on practicing law privately, an improvement in working conditions in courthouses, and the computerisation of court records. Also of concern was the independence of the judiciary, where the IBA commented that the government had attempted to "exert undue influence on the Angolan Bar Association". While there was nothing inherently wrong with the government providing funding to the Bar, the report said, "there may be a perception that the Bar is not independent from the government". Various structural arrangements were also seen as compromising the independence of the judiciary. The IBA also called on the government to revise all outdated statutes expeditiously, saying many of the current laws did not address "modern circumstances". The establishment of the Constitutional Court and Judicial Proctorate, as provided for in the constitution, was considered as crucial to the strengthening of the country's justice system. "The Angolan government's failure to make these constitutionally mandated entities a reality, deprives citizens of the important guarantors of their rights and undermines the rule of law. A government that ignores the constitution so openly gives the impression to the international community, and to funders, that it may also ignore other laws," the report said.