Society expects lawyers to be affluent – CEPIL

Frederick Asiamah

How many lawyers do you know? How many are willing to offer free legal service? Or even work with an organization that offers free legal services? Well, if you ask the Centre for Public Interest Law (CEPIL) , you will find out that legal aid is less attractive to many lawyers. Why? Because “society expects lawyers to live affluent lives” but legal aid is an area of legal practice, which does not pay the lawyer what will allow them to live as expected, Augustine Niber, Deputy Executive Director, told Public Agenda when he accepted to tell the story of CEPIL.

This presents a capacity challenge to CEPIL in the sense that it is unable to attract more topnotch legal practitioners to its fold. Mr. Niber admits that those currently working with CEPIL are doing so “out of commitment to and understanding of the aims and objectives of CEPIL.”

What is CEPIL?

This is a rights based non-governmental not for profit organization established in 1999 through the joint effort of the Integrated Social Development Center (ISODEC) and the Third World Network (TWN). It is based in Accra and currently operates as an affiliate of ISODEC.

“CEPIL’s vision is to have a society that is free of injustice, oppression and social inequity and where people live a life of dignity irrespective of sex, class, colour, race and geographical location,” said Mr. Niber. CEPIL’s mission is to continually strive for justice and fairness especially for the poor and marginalised in society by working to improve democratic governance, rule of law and ensuring accountability of public and private actors through advocacy, litigation, social mobilisation and research.

Four objectives underscore its work. These are to increase accountability of public decision makers, obtain and/or improve access to justice, enhance the quality of public decision making, and research into public interest law and publication of research findings.

SWOT

The Deputy Executive Director says CEPIL’s “Major strength is public litigation.” It has good lawyers in its fold and therefore possesses the capacity to provide such services. Also, offering free court representation and legal advice and educating individuals and communities on human rights places CEPIL in a unique position. Advocacy, social mobilisation and research are other means by which CEPIL executes its mission. These diverse approaches constitute a strength for CEPIL.

A fundamental weakness of CEPIL is that it is based in Accra and works mainly in Southern Ghana. Mr. Niber concedes that this creates very weak grassroots presence. Another is that CEPIL does not have the requisite number of staff it needs to carry out all its programmes effectively. In recent times, this has compelled it to redefine its programme areas. “Funding has been the major bane” of CEPIL, Mr. Niber says.

Opportunities exist in varying forms for CEPIL. First is the chance to extend its programmes to reach other people. Then, opportunities are available for forming coalitions since other organizations are providing aspects of CEPIL’s services. Besides, state agencies like the Legal Aid Board and Commission on Human Rights and Administrative Justice (CHRAJ) readily collaborate with CEPIL to execute its Legal Aid Programme.

Are there threats? Responding, Mr. Niber said, “You cannot run an NGO of this nature without having threats.” A major threat has to do with weaknesses inherent in government institutions that unnecessarily delay justice delivery by the courts. CEPIL has also been subjected to secret agent activities especially when involved in high public interest litigations.

Stakeholders

The activities CEPIL carries out are targeted groups. Mining companies and marginalized communities are major beneficiaries of CEPIL’s programmes. It has relationship with organizations like ISODEC, TWN, Public Agenda, Oxfam America, International Institute for Environment and Development (IIED). Apart from these, all branches of government – the executive, legislature and judiciary are all considered partners.

Programmes

CEPIL currently runs five programmes. The most principal programme is the Mining Communities Human Rights and Legal Support Programme which is underlined by the fact that an increase in mining projects initiated mostly by foreign multinationals has led to increased community-company conflicts due to questions of land user rights, environmental pollution, payment of compensation, etc. This programme is therefore designed to assist communities living in and around mining concessions by providing them with free legal counsel and court-room representation. The programme also makes room for legal advice and human rights education.

Another programme is the Good Governance and Human Rights Advocacy Programme under which CEPIL works to hold state actors accountable for any actions, omissions or policies that have an adverse effect on Ghanaian citizens.

A third programme area is the Legislative Advocacy Programme, which is geared towards legislative reform. CEPIL principally tracks bills that are before parliament and reviews them to ensure they uphold the constitutional rights of all Ghanaians. Mr. Niber mentioned the labour bill, minerals and mining bill, alternative dispute resolution bill, intestate succession amendment bill, property rights of spouses bill and the chieftaincy bill as some of the bills CEPIL has worked on.

Research is another major programme area. “We do conduct research on our own. We either publish research reports or books,” the Deputy Executive Director of the Centre said. Research findings inform projects it embarks on and the projects in turn inform research that needs to be conducted.

The last of its programme areas is the Internship Programme, which seeks to provide training and practical work experience to law students and social science students whose desire is to build a career in public interest law and human rights. Local and international students have benefitted from this programme. These students mainly help in the conduct of research.

Publications

Books, handbooks, manuals and reports are some of the publications CEPIL can hold claim to. There are two editions of Paralegal Manuals for Ghana; a Handbook for Paralegals and Training Manual for Sierra Leone; Housing Rights Book; and Economic, Social and Cultural Rights Book.

Funding

Generally, fundraising has also been one of the institutional weaknesses of CEPIL, according to Mr. Niber. CEPIL still depends on ISODEC for some institutional support. In the past, TWN provided similar support. Presently, CEPIL depends on projectised funds. One of such project funds comes from Oxfam America for CEPIL’s Human Rights and Legal Support for Mining Communities project, which has been running since 2006. The Rights and Voice Initiative (RAVI), the United Nations Democracy Fund and IIED are institutions that have supported CEPIL in the past.

In August 2008, it secured an 18-month core funding from the Ghana Research and Advocacy Programme (G-RAP). The Deputy Executive Director said the $250,000 support was the first core funding for CEPIL. On the other hand, in January this year, CEPIL and WACAM jointly received a $150,000 special project funding that will last a year.

Difficulties

“All our difficulties hinge on finance,” according to Mr. Niber. He said funding underscores CEPIL’s ability to attract and keep high quality legal minds. Another difficulty has to do with delays in court and how the legal system operates. “Many of the cases have outlived the programmes that we do” because they have been running for about 10 years. In most cases, mining companies adopt tactics that delay proceedings causing fatigue among affected communities. This also has negative impact on financial resources.

Impacts

The Mining Communities Human Rights and Legal Support Programme, for instance, has enabled communities and individuals to go to court to assert their rights resulting in enhanced compensation packages for mining communities. In the case of Center for Public Interest Law and (2) Center for Environmental Law v (1) Environmental Protection Agency, (2) Minerals Commission, (3) Bonte Goldmines Ltd., the filing of the case in court immediately led the EPA to direct all mining companies to take steps to post bonds for the reclamation of lands destroyed as a result of mining activities. CEPIL has also successfully influenced the contents of many laws passed in Ghana to ensure they work in the interest of the public.

The future

Ensuring the realization of CEPIL’s visions is imperative. “We intend fairness for everybody,” the Deputy Executive Director said. This means placing emphasis on best practices regarding human rights including housing, economic and social rights.

CEPIL expects the following changes: the justice system must change and institutions within government, as well as, personnel must change their attitudes. In this direction, their institutional capacity must be enhanced through provision of resources. “Mining companies should be responsible in their activities,” Mr. Niber urged.