77426 May 2013 - Number 96 JUSTICE SECTOR SERVICES AND THE POOR IN JORDAN: DETERMINING NEEDS AND PRIORITIES Paul Prettitore1 and knowledge of services provided; access to and familiarity with legal aid services; and the Introduction: Understanding the demands economic characteristics of families and and priorities of poor persons is important to individuals with legal disputes. It was effectively target services in the justice sector. administered to both families and individuals Yet a comprehensive understanding of the as respondents. Questions on use of services demand-side of services remains mostly lacking focused on those provided by courts and in Jordan. To help enhance data, in 2012 the lawyers – no questions were asked about Department of Statistics implemented a survey alternative dispute resolution mechanisms. of 10,000 households focusing on the justice sector – the first of its kind in Jordan. 2 The Justice Sector Services and Poverty: The 2012 survey was administered throughout the household survey provides important data on country, covering both rural and urban areas. the types of disputes encountered by poor Its primary objective was to identify the most persons and how they address disputes common types of legal disputes and identify through formal institutions. The key findings the characteristics of the households and include the following: individuals involved. Disaggregation of data based on monthly expenditure levels of 1 - Higher Demand, but More Limited Access respondents provides valuable information on Poorer families are more likely to report the types of issues most affecting the poor. This actionable legal issues. More than two-thirds data will be useful in designing reforms linked (68%) of respondents reporting actionable legal to poverty reduction. issues fall into the two lowest categories of The survey covers a number of key issues expenditure levels (expenditures less than within the justice sector, including: identifying 500JD per month), with only 6% falling within the most common types of legal cases; the highest expenditure category (more than accessing courts and lawyers in terms of costs 1000JD per month). 3 At the same time, poorer families are more likely to avoid court 1 Paul Prettitore, Senior Public Sector Specialist, Public procedures when they have a dispute, and Sector and Governance Unit (MNSPS), The Middle East and when they do go to court, are less likely to have North Africa Region, The World Bank. the assistance of a lawyer due to financial (pprettitore@worldbank.org) This MENA K&L Quick Note was cleared Guenter Heidenhof, Sector Manager, MNSPS. restraints. (Figure 1) Of those respondents 2 ‘Statistical Survey on the Volume of Demand of Legal Aid reporting a dispute but not accessing courts Services’. The original content of the questionnaire was developed through a Seed Fund Grant from the Japan 3 Social Development Fund (JSDF) of the World Bank, which The categories of expenditure levels per month used in now supports the provision of legal aid services through a the survey are: less than 250 JDs; between 250-499JDs; civil society organization in Jordan. between 500 and 999JDS; and over 1000 JDs. because of the lack of financial resources, a Figure 2 – Frequency of case type by expenditure large majority reported willingness to file category complaints in court if they received the following support: lawyer fees, court fees and associated expenses such as transportation (87%); lawyer and court fees (85%); and only lawyer fees (83%). Figure 1- Use of Courts and Lawyers, by expenditure levels This trend is also reflected in an analysis of the caseload of the legal aid centers of the Justice Center for Legal Aid (JCLA), a Jordanian CSO that is the largest single provider of legal aid services in Jordan.4 In 2012, JCLA carried out 1419 consultations and 1014 legal representations for poor persons. The largest percentage of cases for both counseling and representation (71%) involved personal status 2 - Differing Priorities between Richer and Poorer issues, followed by civil and then criminal Respondents cases. Within the category of personal status issues, there is an additional variation in terms The survey demonstrates that the most frequent of the most common types of cases. (Figure 3) types of cases reported vary by the expenditure Alimony and inheritance cases are of more levels of respondents. Poorer persons are more importance for poorer persons, while divorce likely to be involved in personal status rather and access to dowries are more important for than criminal disputes, while the reverse is true persons with more resources. for those with higher expenditure levels. Personal status cases involve family matters – Overall, poorer persons form the bulk of marriage/divorce, child support and custody, respondents affected by legal disputes alimony and inheritance. And it is within the involving personal status cases. (Figure 4) category of personal status cases that the There are several possibilities why. The greatest variation between respondents of economic value of assets falling under personal different expenditure levels is observed. status jurisdiction – alimony, inheritance, child (Figure 2). support and dowries – may constitute a 4 In 2012, JCLA operated a total of six legal aid centers located in and around the cities of Amman, Madaba and Zarqa. May 2013 · Number 96· 2 considerable portion of the overall economic knowledge how to reach service providers assets of poorer persons, particularly poor (35%), not actually needing legal aid assistance women, and are therefore worth fighting for. (33%) and complicated procedures for securing services (27%). Of those attempting to access Figure 3 – Breakdown of personal status cases, by legal aid services, 78% were able to secure expenditure levels them. The survey did not measure awareness of, and access to, services covering the deferment of court fees for poor persons involved in court proceedings. But anecdotal evidence suggests these services are rarely provided, primarily due to the lack of awareness of services by poor persons and justice sector officials, as well as complicated procedures for accessing them. Figure 4 – Frequency of personal status cases, by expenditure levels For those with more financial resources and less need to rely on such assets, the obstacles associated with court proceedings may outweigh the financial rewards. They may also have greater access to non-court procedures, such as negotiation through lawyers and mediation. Conclusion: Though not a comprehensive 3 - Lack of Knowledge of, and Access to, Special accounting of the demand-side of services, the Services household survey does begin to shed light on Individuals who did not access courts because the needs and priorities of poor communities. of costs expressed overwhelming willingness to It provides a data-supported basis for three do so if they received assistance in covering important findings: 1) poor persons are more certain costs, for example through legal aid affected by legal disputes, but less able to services or waiver of court fees, both of which access services provided by courts and lawyers; are provided by the state. However in the case 2) poor persons are primarily affected by a of legal aid, 98% of survey respondents were different set of issues than persons with more unaware of existing service providers. And of resources – in this case poorer persons are the 2% that were aware of services, only 17% disproportionately affected by personal status tried to access them. The primary reasons for cases; and 3) state-sponsored services that focus not accessing legal aid services were lack of on criminal issues and court proceedings are May 2013 · Number 96· 3 not well-aligned with needs of poorer persons, and awareness of services among targeted beneficiaries remains weak. These findings should provide part of the basis for developing a data-informed approach to improving service delivery within the justice sector. The key areas for reform to impact poverty include: improving the quality of services in personal status cases, especially access to alimony, child support and inheritance; enhancing the provision of state- sponsored legal aid services and services provided by CSOs; simplifying the process of deferring court fees for poor persons; and strengthening special services developed to address personal status issues, including the newly-established Alimony Fund. May 2013 · Number 96· 4