Justice Waiting: The Resource Crisis at IPAJ and the Impact on Legal Aid in Mozambique

Yonicio Silvio"

The right to access justice, enshrined in the Constitution of the Republic of Mozambique, remains a privilege for the few due to the severe resource crisis affecting the Institute of Legal Assistance and Patrocínio (IPAJ). This institution, responsible for providing free legal representation to economically disadvantaged citizens, faces serious structural and financial challenges that compromise the achievement of social justice in the country.

Although President Daniel Chapo has expressed his commitment to modernizing the IPAJ (Institute of Justice) and revising its governing legislation, the problems go beyond the regulatory realm and reflect a deeper reality: that of "Justice Waiting." In several provinces, legal assistants work in extremely precarious conditions, overwhelmed with dozens of cases, lacking basic supplies such as paper, computers, transportation, or even electricity. The lack of vehicles, adequate furniture, and technological resources makes free legal services a real challenge, undermining the efficiency and dignity of the service provided.

These limitations have direct consequences for citizens' lives. Many cases are delayed, victims are left without legal representation, and there are cases of people being detained without trial. The lack of resources also leads public defenders to pay for transportation and document reproduction expenses out of their own resources in an attempt to address the system's shortcomings. Furthermore, the devaluation of IPAJ professionals, reflected in low salaries and a lack of incentives, has led many to abandon the institution, further exacerbating the human resource shortage.

The IPAJ relies almost exclusively on the State Budget, but public funding is insufficient and irregular, resulting in operational debt and limitations on the functioning of its delegations. To overcome this crisis, the proposal is to adopt a hybrid financing model: increasing budget allocations, establishing partnerships with international organizations such as the European Union, UNDP, and AECID, and creating programs to modernize and train human resources.

Other viable solutions include cooperating with universities to integrate students and recent law graduates into IPAJ's activities, which would reduce costs and provide practical training. Furthermore, the institute could create mechanisms to generate its own revenue, such as providing legal services to public and private entities, offering paid training, and introducing symbolic fees for some services. The creation of a Fund to Support Access to Justice, supported by contributions from the government, donors, and companies, emerges as an innovative measure to ensure financial stability and expand the institution's reach.

In short, the IPAJ crisis symbolizes the fragility of the Mozambican justice system itself. Without adequate material, human, and financial resources, the constitutional promise of justice for all remains elusive. It is imperative that the Ministry of Justice redouble its investment and support efforts for provincial delegations, as only with decent working conditions and the appreciation of public defenders will it be possible to transform "Justice in Waiting" into effective, accessible, and equitable justice for all Mozambicans.

2025/12/3