The Justice Needs and Satisfaction in Fiji 2018 assessment commissioned by the European Union (EU)-funded Fiji Access to Justice project highlighted challenges and significance of access to justice in Fiji. It showed 47 percent of Fijian citizens have one or more serious legal problems to deal with every four years. Hence, every year approximately 100,000 individuals encounter a problem and need access to resolution mechanisms.

Slightly more than half of all legal problems in Fiji remain unresolved according to the assessment. Only one in three is seen as completely being resolved. People believe that the rich are more likely to receive justice than the poor. The devastating economic and social disruption caused by the COVID-19 pandemic pushed vulnerable populations further to the margin of society and are left with issues of security, employment, administrative and others to solve.

The Fiji Access to Justice project with financial support from EU aimed to address the unmet need for accessing justice. It was taken on against the backdrop of the Fijian Constitution, which through the Bill of Rights provides for an extensive range of rights including the rights of arrested and detained persons, of accused persons, of access to courts and tribunal, rights to executive and administrative justice and for those who cannot afford a lawyer and can generally benefit from the free assistance of the Legal Aid Commission.

Digital technology to transform the challenges to opportunities

Digitization and digitalization were central to the approach of the project and aimed at the justice sector with streamlined digital system for more effective and efficient case management and improved people’s experience on their journey to justice.

The digital case and client management system has been developed and now operational by Fiji’s Legal Aid Commission. The system enables legal aid officers to share digitally synchronized information on the progress of cases, clients, services provided, etc. across departments and locations, and efficiently manage their cases and clients’ requests.

This new case and client management system will also enable the Commission to produce disaggregated data on the number of persons assisted in gender-based violence, domestic violence, child abuse and child representation, the number of persons with special needs, and so on.

Citizens through the interactive online legal aid platform will be provided with access to online applications, requests, and correspondence and real-time tracking of case status. It is the first comprehensive digital legal case management system in Fiji and the Pacific.

Courts have commenced the development of a similar but customized digital case management system, after addressing various technical concerns.

Furthermore, applying an agile approach using digital technology to meet the unexpected challenges in justice service delivery caused by the COVID-19 pandemic turned out to be practical and productive to strengthen the access to services for wider communities.

Online conferencing platform enabled the rights of inmates under the COVID-19 prevention measures taken by Government. Correction centres are now digitally connected to the courts allowing cases to proceed while individual inmates are able to virtually meet their lawyers and families.

Civil society organizations (CSOs) were among the quick responders to the pandemic emergency also making their services available online to support ongoing, new and increasing clients affected by the pandemic. Helpline for psychosocial counselling services was established and made available both on the phone and online by Empower Pacific. This encouraged people to seek psychosocial support and the Helpline received increased calls in 2021 by almost three times compared to the first year of the helpline provision in 2020.

More citizens access legal aid services

While the legal aid is a service targeting people who are unable to afford private lawyers and aim to ensure access to justice for all, the Legal Aid Commission waived the financial eligibility criteria regarding domestic violence cases considering its seriousness.

The number of cases dealt with by the Legal Aid Commission evolved from 16,667 legal advice in 2016 to 20,504 applications and 26,725 advisory services in 2020.

The improved access to legal services and justice would not have been possible on only strengthening the justice institutions and organizations.

Through supporting the Human Rights and Anti-Discrimination Commission (HRADC) and CSOs community outreach activities, more Fijians became aware of their constitutional rights and services available for them to address issues they faced. It included an increase in awareness on the rights of persons with disabilities. People were also able to directly access services provided by these CSOs who provided health, legal and counselling services to sexual and gender-based violence survivors.