mySociety’s latest research looks into the impacts of Legal Information Institutes in sub-Saharan Africa. You can read the full paper here.
If you wanted to find out what a specific law covered, how would you do it? Google what you thought the law was and hope that it came up in an internet search? Go to the local public library and look for law books? Ask a friend? In many cases around the world, especially in developing countries, it is almost impossible to get access to the law through these channels. Many sub-Saharan African countries do not routinely publish their legislation online, and fewer still publish the case-law judgments made by the courts.
So where is this information? Does it exist?
The answer is, that it does mostly exist, but much of it is either held in hard copy format within expensive and rare legal textbooks (the kind that can only be found in shiny law offices or prestigious university libraries), or, it is held behind an electronic paywall by a private, profit-making organisation, which requires often eye-watering subscription fees to access.
How, then, can individuals working in the legal field without significant financial backing, access and use the law? Online Legal Information Institutes are the primary answer.
In more than 60 countries around the world, Legal Information Institutes make significant volumes of legal information — legislation, case law, judgements etc — freely available on the internet. They can provide valuable resources to legal students, practitioners and stakeholders.
Despite the fact that a substantial movement exists promoting the principles of free access to law, these services have received relatively little charitable or philanthropic funding — particularly when compared to services that provide information relating to political or fiscal transparency. Is it the case that LIIs are primarily used by comparatively well-paid professionals, and hence deliver little true, positive, impact? Or do LIIs in developing countries, where domestic case law and legislation is already difficult to access, and where social mobility within the professions remains low, perform a greater societal service?
As a financial supporter of a number of African LIIs since 2013, the Indigo Trust, a UK-based philanthropic foundation, commissioned a report to examine the impacts of the LIIs, and whether those impacts could reasonably be amplified with greater investment.
The research identified clear, positive impacts resulting from the existence and use of the LIIs, most notably in South Africa, where the LII proved to be a key tool in increasing access to the legal profession for economically disadvantaged groups. Across the countries studied, the LIIs were also benefiting the development of high quality domestic case law, which had been underdeveloped prior to digitisation; and were considered to be useful tools for citizens in developing a more meaningful understanding of the law.
The publication of this research serves to demonstrate this positive work, and the further development work that can strengthen the LIIs.
Image: Gemma Moulder