"The Department for Providing Free Legal Aid of the Herzegovina-Neretva Canton, which is supposed to ensure equal access to justice and adequate protection of the rights and interests of vulnerable groups in the canton, was officially opened in Mostar" – this was the news published on December 3, 2014.
And there would be nothing unusual in this news if the Department had actually started operating in 2014. At the "official opening" of the Department, Zahira Virani, then the Resident Representative of UNDP in Bosnia and Herzegovina, also attended, stating that this was the 16th such department in the country and that approximately $50,000 had been spent on it. According to the then-President of the Herzegovina-Neretva Canton (HNC) Government, Denis Lasić, this was a significant project "not only because its completion would enable the Department to be housed in high-quality and modern facilities, but also because it represents an example of excellent cooperation between various institutions." At the time, it was announced that Radenko Mirić, the Minister of Justice, Administration, and Local Self-Government of HNC, had submitted a request to the Government to announce a public competition for the position of Director, staff, and trainees of the Department, who, in his opinion, must be well-trained in order to provide this type of assistance to citizens.
And all of this sounds very nice, but if we "rewind the film" 11 years ahead, we will see that the reality is completely different. The Department for Providing Free Legal Aid of the Herzegovina-Neretva Canton, despite the ribbon-cutting ceremony 11 years ago, secured premises, and the money spent, still has not opened its doors to citizens.
However, despite all the contradictions, which are nothing new for our country, there is still light at the end of the tunnel. And all of this is thanks to the initiative "Pravo na pravnu pomoć – Mostar," launched by two Mostar-based associations – the Association for Education and Development "Dignitet" and the Nansen Dialogue Centre Mostar.
Let's stay in the past for a moment and recall how the procedures were carried out. In 2013, the Government of the Herzegovina-Neretva Canton adopted the Law on Providing Free Legal Aid for the Canton. Subsequently, the City of Mostar secured space for the future operation of the Department, as it was decided that its headquarters would be located in Mostar. Over the past 11 years, the Government of HNC has consistently allocated funds in its annual budget for the Department’s operations. The adopted law regulated all the necessary matters—who the beneficiaries are, the procedures, criteria, conditions, forms, and ways of providing free legal aid, as well as who the authorized entities for providing assistance are. The law also addressed other important aspects—finances, competencies, duties, authorizations, and professional development. In short, everything necessary for the Department to function and provide help to those in need of legal assistance was covered.
The representatives of the mentioned associations, over the past years, have requested from the current Government of the Herzegovina-Neretva Canton, led by Marija Buhač, to prioritize the issue of the Department for Providing Free Legal Aid and to complete the procedures for appointing the director and staff of the Department. There was no opposition to this initiative in the current government.
"Prime Minister Buhač provided both verbal and written support for our initiative, while the Minister of Justice, Administration, and Local Self-Government, Goran Karanović, at the first joint meeting, announced that the Department would be one of the priority activities they would focus on. As confirmation of this, he sent an urgent request for the appointment of the Department's director, in order to unblock the process, which had been stalled for years due to political disagreements, and bring it to a swift conclusion. We are pleased that the government has shown willingness and taken concrete steps to bring this process to a close, to the benefit of all citizens of our Canton, who are entitled to free legal assistance", explained Edisa Demić, a representative of the "Right to Legal Aid – Mostar" initiative, in an interview for the Odgovorno portal.
Although there were indications that the entire procedure would be completed by the end of 2024, this did not happen, but that does not mean everything has fallen apart. Since there were already names on paper for four candidates for the position of director of the Department, it remained for the relevant authorities to decide on one candidate and seek the opinion of the FBiH Civil Service Agency. This was done, and the Agency returned a positive opinion, putting Aida Zerem in the forefront as the head of the cantonal Department.
Now, the only remaining step is to wait for the final phase to be completed before the official appointment of the director – to see whether any of the candidates will file an appeal against the decision to appoint Aida Zerem as the director of the Department for Providing Free Legal Aid of HNC. If there are no objections, it is highly likely that Aida Zerem will officially take the director's position by the end of March this year.
"I am glad that we have managed to bring the entire process to an end. We are waiting for the FBiH Civil Service Agency to complete the procedure, and we expect that the Department will soon start operating and providing free legal aid to vulnerable groups and all those for whom it is intended", said Goran Karanović, Minister of Justice, Administration, and Local Self-Government of HNC, in an interview with the Odgovorno portal.
The urgency for the Department to start operating as soon as possible is highlighted by an unofficial statistic that around 20% of the population in the Herzegovina-Neretva Canton has, at least once in their life, found themselves in a situation where they needed free legal aid. This statistic is particularly shocking, given that the right to free legal aid is one of the fundamental human rights, implying that every citizen has the right to equal access to justice. This right is guaranteed by the Constitution of the Herzegovina-Neretva Canton, the Constitution of the Federation of Bosnia and Herzegovina, the Constitution of Bosnia and Herzegovina, as well as by international conventions signed and ratified by our country.