A/HRC/23/43 legal aid,36 while others have merged ones.37 Although there is no indication that one system should prevail over the other, it is important that, in one-budget systems, funding is not shared to the complete detriment of civil and administrative legal aid. Setting up specific “impact litigation” funds in the area of civil legal aid, with specific eligibility criteria based on the fact that the selected cases should be likely to set a precedent that benefits the population at large, can also be seen as a cost-effective way to support civil legal aid when resources are scarce.38 75. To this end, guideline 12 of the United Nations Principles and Guidelines on Access to Legal Aid in Criminal Justice Systems recommends that States take all appropriate measures to establish a legal aid fund to finance legal aid schemes, including public defender schemes, to support legal aid provision by legal or bar associations, support university clinics, and sponsor non-governmental and other organizations, including paralegal organizations, in providing legal aid services throughout the country. States should also identify appropriate fiscal mechanisms for channelling funds to legal aid, such as by allocating a percentage of the State‟s budget for the administration of justice to legal aid services and using funds recovered from criminal activities to cover legal aid for victims. 76. The Special Rapporteur wishes to emphasize the importance of technical cooperation for the development and implementation of a sustainable and effective system of legal aid. In many countries, legal aid services rely solely on the financial assistance of donors, and may be thus terminated at any time. To ensure the sustainability of legal aid services, technical assistance based on the needs and priorities identified by requesting States should be provided by relevant United Nations specialized agencies, programmes and funds, States, donors and non-governmental organizations in the framework of bilateral or multilateral cooperation, with a view to building and enhancing national legal aid systems.39 77. The Special Rapporteur wishes to remind States that, in accordance with Article 1, paragraph 3 and Articles 55 and 56 of the Charter of the United Nations and with wellestablished principles of international law, international cooperation for development and thus for the realization of all human rights and fundamental freedoms is an obligation incumbent upon all States, particularly those in a position to assist others in this regard. 78. International non-governmental organizations can also contribute to the funding of legal aid schemes by offering technical support and exchanging information on best practices on how to implement, develop and maintain legal aid programmes. This type of funding, while generally only able to complement other forms of funding, certainly helps to broaden the provision of legal services, especially in States that lack resources to do so. 79. The Special Rapporteur wishes to stress that, although legal aid is an essential feature of the right of access to justice, States should also take measures in other fields to guarantee this right. Such measures include, inter alia, the simplification of judicial and 36 37 38 39 16 For example, see the Criminal Defence Service and the Community Legal Service in England and Wales. See for example the Legal Aid Board in South Africa (see http://legalaid.onsite.hosting.co.za/about/what.htm). See for example the Special Impact Litigation Fund set up by the Board of South Africa in 2001to support claims that have “a reasonable chance of success where a positive outcome will set a precedent that will benefit South Africa‟s indigent population”. Legal Aid Board Annual Report, 2002. United Nations Principles and Guidelines on Access to Legal Aid in Criminal Justice Systems, guideline 18.