On November 27th and 28th, IBJ Burundi Fellow - Astère Muyango - and IBJ Rwanda Fellow - John Bosco Bugingo - attended the 14th East Africa Law Society (EALS) Annual General Meeting in Kigali. The event was co-sponsored by our local partner in Rwanda, the Kigali Bar Association, and opened by the President of the Republic of Rwanda himself, Honor. Paul Kagamé.

The conference brought hundreds of lawyers from the Law Society of Kenya, the Tanganyika Law Society, the Uganda Law Society, the Zanzibar Law Society, the Kigali Bar Association and the Burundi Bar Association together on a path of reforming the legal aid system across the region. The progressive integration of all five East African countries demands the harmonization of practices and procedures across the region.

While the first day of the conference was dedicated to business law and economic integration, the second day focused on the role lawyers can play in promoting the advancement of human rights and access to legal aid across the region. Each country introduced its legal aid system, highlighting the specific challenges to universal access to legal counsel.

Herbert Rubasha, a member of IBJ’s Rwanda Country Advisory Council, presented his paper on access to legal aid in Rwanda. He was echoed by representatives of the Uganda Law Society, the Burundi Bar Association, the Zanzibar Law Society and the Tanganyika Law Society. They all stressed the urgent need for a State-sponsored system which ensures timely access to counsel for all citizens, regardless of the crime they are suspected of having committed.

Burundi’s situation is particularly alarming: as opposed to the other East African countries whose law societies bear the burden of legal aid, the sporadic legal assistance provided in Burundi is exclusively manned by non-governmental organizations and a handful of young passionate lawyers, who take on their own time and resources to protect their fellows’ legal rights.

Astère and Bosco kept abreast of the latest regional innovations. They also built connections with senior members of other countries’ bar associations. Dr Fauz Twaib, the President of the Tanganyika Law Society, and member of the EALS Executive Council, Bruce Kyerere, President of the Uganda Law Society and member of the EALS Executive Council, and other key members of the EALS Executive Council  all expressed a desire to work with IBJ to promote systematic access to legal counsel across the region. Don Deya, the CEO of the EALS, displayed a particular interest in IBJ’s idea of a regional training hub in Kenya. Relationships have also been initiated with other African countries’ bar associations, in particular the Law Society of Zambia and Ghana Bar Association.

Above: Bosco (left), IBJ Rwanda Fellow and Astère (right), IBJ Burundi Fellow pausing together during a break.

Above: Astère (left) and Bruce Kyerere, the Uganda Law Society President (Photo by John Bosco Bugingo)

Above: Astère (right) with Dr. Fauz Twaib, the Tanzania Law Society President (Photo by John Bosco Bugingo)

Above: Astère and the President of the Ghana Bar Association (Photo by John Bosco Bugingo)

Above: The recipients of Awards at the 14th East Africa Law Society Annual General Meeting (Photo by Astère Muyango)

Under the leadership of IBJ Rwanda fellow, John Bosco Bugingo, IBJ has conducted last Sunday 22nd November its third radio rights awareness program on Contact FM. The President of the Kigali Bar Association, Me Vincent Karangwa, honored once more the program with his presence. He was accompanied by Me Isaac Bizumunemyi, a dedicated human rights lawyer that IBJ had the pleasure to meet last summer at the 1st Legal Defense Training in Kigali.

The topics of provisional detention and release under Rwandan criminal Law, the principle of presumption of innocence, legally acceptable detentions, reasons for provisional detention and release, law of evidence and bail were discussed in a constructive atmosphere.

The show created momentum among listeners: many people called and sent SMS to get clarifications on concepts that they are unfamiliar with. One of them asked what the minimum age of criminal responsibility was. Another asked what steps should be taken when someone has been unlawfully detained. From the many comments, questions and messages of encouragement received, it appears clearly that the program answers needs and a curiosity that have remained unmet until now.

The next program is scheduled for Sunday 29th November 2009. Stay tuned for updates!

It is widely agreed that most Rwandan citizens are not aware of their legal rights and responsibilities. This is especially true for individuals in rural communities. Because radio is the lifeblood of many rural communities, IBJ is launching, early November, a legal education radio program to address current exigencies in the country.

The launching date is November 1st. Contact Fm, a popular radio with nationwide broadcasts, partners with IBJ to carry out this project. Adverts informing about the campaign are already on tunes in Kinyarwanda, Rwanda’s local language. Each of the 8 programs will focus on the legal rights of the accused at the different stages of the proceeding: the rights at time of arrest, the right to legal counsel, and the rights during investigation, detention and trial.

The live talk shows will feature prominent personalities of the Rwandan criminal justice system. Among them, the Bâtonnier (President of the Kigali Bar Association) Maître Vincent Karangwa will honor the first program of his presence. Bosco, IBJ Rwanda Fellow, will lead the  discussions.

Of all the media, radio is by far the most accessible, pervasive, and most effective medium for disseminating information. Research and educational organizations that monitor the reception of programs have proven that effective educational radio programs can indeed change listeners’ behavior and lead to the growth of knowledge. This is what we envision in Rwanda, so that every man, woman and child is capable of demanding respect of their legal rights in case of arrest.

Stay tuned for updates!

Above: From left to right: Me Vincent Karangwa, President of the Bar Association, Karen Tse, IBJ Founder and John Bosco Bugingo, IBJ Rwanda Fellow (Photo by Sanjeewa Liyanage)

After the genocide of 1994, approximately fifty lawyers were practicing law in Rwanda. The legal system was devastated. Today, 80% of people accused of crimes in Rwanda do not have access to a lawyer. 26.9% of people in prison have not stood trial. But a few courageous lawyers are defending the rights of those who cannot afford representation. They are taking on cases without being asked, without recognition, and without pay. Anita Mugeni is one of these lawyers.

Above: Anita Mugeni.  (Photo by Jesse Blaisdell.)

Recently, Anita defended a woman appealing a conviction sentencing her to death. Despite the seriousness of the charges, the court had not appointed a lawyer and the woman did not know she had a right to one. The woman was accused of murdering her neighbor by poisoning her. As Anita discovered, however, the neighbor was still alive.

Anita drove across the country on her own expense to visit the woman in prison. The woman was from a small village and had little education. She was confused and afraid she was going to die. The police had beaten her so severely that she confessed to murdering a woman who was, in fact, still alive.

After consoling the woman, Anita returned to the Supreme Court to study the woman’s file. She discovered that the alleged poison was never analyzed in a lab - there is no forensic lab in the woman’s village. The substance was not even tested on an animal, which is an accepted method of identifying poisonous substances. The Prosecutor and the Court were aware of the lack of evidence and the fact that the woman’s neighbor was still alive. But they pressed on with the prosecution.

At the time, the death penalty had not been abolished. Without Anita’s help, the woman could have been executed. Anita won an acquittal and the woman was released, but there was no way to repair the damage that had already been done. The woman spent three years in pre-trial detention. A widow, she was forced to leave three small children alone at home with no one to care for them. Anita claims that if the woman had access to a lawyer she would not have spent a day in prison.

Above: Anita presenting at IBJ’s June Defender Training event in Kigali, along with IBJ Program Director Sanjeewa Liyanage and IBJ Trainer Medhi Benbouzid.  (Photo by Jesse Blaisdell.)

In June of 2009, Anita cooperated with International Bridges to Justice to train Rwandan lawyers in criminal defense law. Eighty of the three hundred lawyers in the country attended the training and discussed ways to expand the work that Anita and others are doing. Local news media published the story and many expressed high hopes. Together with IBJ, Anita and this dedicated group of lawyers are working to defend human rights and make legal aid in Rwanda a reality.

IBJ has just completed an enormously successful criminal defense training in Kigali, Rwanda. Led by a dynamic tandem of two defense attorneys, Mehdi Benbouzid and Anita Mugeni, this training will long remain as a testimony of the importance of gathering lawyers is in standing up for the rights of the accused persons.

Most of the time, people blame overstretched resources as the main reason for the non implementation of the law. We cannot deny that working as a lawyer in Rwanda is more difficult than in the West. But lawyers are part of a system and are better equipped to understand how the system works best. Holding the keys of change, they have the most power to make positive change. Unsurprisingly, they are often the first ones to be eliminated when political instability, defiance, and conflict undermine the rule of law.

Above: IBJ Fellow John Bosco Bugingo was one of the more than 70 defenders on hand for IBJ’s training event. Some participants traveled more than 200 kilometers to attend.

As IBJ Founder and CEO Karen Tse emphasized throughout the training, overcoming the many challenges faced by the criminal justice system in Rwanda is not about pointing out the shortcomings of the current system. It is not about blaming the magistrates for long delays and prison overcrowding. It is not about pointing out the incapacity of the police to make human rights a breathing reality for every accused person. It is not about blaming the prison officials for inhumane detention conditions. It is about showing lawyers their crucial role as agents of change within a system to which they contribute and, therefore, have a moral responsibility to transform. It is about empowering them with the confidence and tools they need to affect change within their community. It is about building their leadership as human rights defenders so that they can influence and instill structural change within the system, best achieved by working closely with magistrates, prosecutors, police officers and prison officials. It is about appealing to their deep values and getting them the instruments to transform these values into concrete commitments.

This is precisely what has been accomplished in Rwanda. Pausing from work, lawyers took the time to think through the decision to become advocates and to defend the most vulnerable in their community. They mentioned defense, protection, and equality as the underlying values that pushed them to stand up for the rights of the accused. Building on these inner values, they were familiarized and able to practice defense tips and strategies which will enable them to effectively defend the disempowered.

Values are crucial. To bring about concrete change, leveraging the existing tools of a system is required, whether it is the law, negotiation, human relations, networks, structures, or another resource that is utulized. These tools must be used as weapons to influence the process in the desired direction. The vision driven from values only comes to life through a pragmatic approach of making the best use of the existing instruments to affect change, and, in particular, ensure that every man, woman, and child has systematic access to legal counsel. The participants were thus comprehensively trained in how to conduct a client interview, use nullity when legal procedure deficiency or of a violation of a fundamental right occurs, plead efficiently in court, and deal with the other actors of the system, particularly prosecutors, judges, and police officers.

The training provided an open space for lawyers to express not only their problems, constraints, and frustrations, but also potential solutions to improve criminal justice in their country. Relying on his rich experience as a criminal defense lawyer, trainer, and former ICRC official in the Middle East, Mehdi contributed to the debate and gave practical advice about his experience in overcoming such challenges, namely successful strategies he has employed and tips on how best to relate to the police, judges, and prosecutors. For example, Medhi explained that each time a policeman denies access to a client, he demands to meet with the police station chief. If this person also impedes him from accessing his client, he then talks to the prosecutor to tell him that the rights of his client are not respected. If, again, he is denied access, he then goes to the judge and demands that this fundamental right of defense is fully respected. Lawyers have been encouraged to make themselves known and respected by judges and act with leadership in solving problems.

Anita, the Rwandan trainer, echoed Mehdi with concrete examples of what usually happens in the Rwandan criminal justice system, noting the most pressing challenges requiring immediate action. Both gave keys to open doors of creativity and innovation in finding solutions to problems. Most importantly, several participants came to me at the end of the day telling me that, through the training, they had been aided in realizing that that the answers were in their own hands.

The participants were extraordinarily participatory. On the first day, 54 attorneys joined us. The second day saw a significant rise in the number of participants, ending the day with more than 74 lawyers in the audience. During the legal cartoon and ‘sharing your values’ exercises, the microphones did get much to rest, as everyone wanted to contribute to the foundation of a fairer criminal justice system in Rwanda. The dedication of these Rwandan lawyers is remarkable: on the first day, a women attorney whispered to me apologies for getting in and out of the conference room constantly. She explained that she been leaving to breastfeed her newborn baby in the car in the Mille Collines Hotel parking lot. Another participant explained me that he had to travel over 200 kilometers back and forth to get to the training. Further, these lawyers are overwhelmed with cases, some of them dealing with more than 100 cases at any given moment.

A real synergy emerged between the trainers, the rest of the IBJ team, the participants, and the representatives of the Kigali Bar Association, a close partner of IBJ in Rwanda. Before lunch on the last day of the training, all 74 lawyers spontaneously stood up, singing African songs with much energy and joy. At the closing ceremony, the IBJ team was loudly clamored, encouraged by the Bâttonier. Jeanne, a women defender and active participant in the mock-trial exercise, spontaneously stood up, took the microphone and explained how happy she and her colleagues were about the training and how useful it will be for their day-to-day practice.

Many advocates came to us asking for ways to be involved with IBJ activities, both in Rwanda and worldwide, namely how to support our mission and volunteer their time and expertise. As a response to this demand, a Criminal Defense Task Force has been suggested to keep the momentum up, provide a structure to catalyze all this good will and energy, and find concrete ways to set up a viable legal aid system in the country, especially in the provinces where the overwhelming majority of the population is defenseless.

I will personally never forget the faces of hope, courage, and determination that I came across during these three intensely human days of my life. Murakoze cane.

The morning began with a session of qigong, hosted by Heim Center curator Eduardo Von Fellenberg, to focus and direct the fellows on the last day of the Summit. Much of the day was intended to aid the fellows in learning about the logistical aspects of IBJ, namely country evaluation, monitoring reports, and the importance of keeping accurate accounting records to secure long-term funders. Before heading off the International Red Cross Museum and the United Nations to celebrate the end of the summit and see some of the sights of Geneva, the Summit closed with a final feedback and brainstorming session, addressing both the challenges faced going forward and the lessons learned from the week.The common thread was the challenge faced by securing sufficient amounts of funds for criminal defense projects in each of the fellow’s countries. Picking up on the tools learned in the fundraising session, led by Pam Calhoun earlier in the week, Rwandan fellow John Bosco Bugingo brainstormed ideas on how to locally fundraise, suggesting the possibility of holding a ‘Give a Dollar for Justice’ radio spot on the local radio programs, whereby the majority of citizens in Rwanda will learn the message of IBJ and give. Burundian fellow Astère Muyango liked this idea, highlighting the importance of the radio in both fundraising and getting out the message of legal rights.The last fellow to speak was Ajay Verma, who commented on his pride in creating a ‘fellow task force,’ comprised of the six fellows present at the Summit this week.  Because of this week, Verma noted, the fellows were able to appreciate and fully understand the challenges, both alike and dissimilar amongst, of their colleagues around the world. With wide support, Verma suggested that the fellows act as a global support group to one another, continuing to be in touch with one another to discuss problems or challenges faced as they soldier on in the name of criminal justice.(Staff and Fellows listen intently to presentations on the last day of the First Annual Fellows Summit held in Geneva)

The idea of gathering IBJ Fellows, the backbone of the organization’s programs, had been forming for quite some time…it is now reality! From June 8th until June 11th, Abhijit Datta (Fellow from West Bengal, India), Ajay Verma (Fellow from New Delhi, India), Astère Muyango (Fellow from Burundi), Bosco Bugingo (Future Fellow from Rwanda), Innocent Maja (Fellow from Zimbabwe) and Ouk Vandeth (Fellow from Cambodia) will spend a week at IBJ’s Headquarters in Geneva sharing experiences, challenges, best practices, discussing their vision of the criminal justice system and tightening the bounds linking them around IBJ’s mission and vision.

We know from our experience that most criminal defense lawyers feel isolated by the challenging work they do. Not only do our fellows restlessly scour their countries’ prisons and courts to identify disempowered accused and make sure their basic legal rights are upheld, but they also courageously lead ambitious country programs, whose success require energy, determination, and talent. It is our duty to arm them with the skills, confidence and support they need to best face the challenges along the road. The Fellow Summit will aim at creating this supportive environment in which they feel listened to, valued and assisted in their mission.

In particular, the fellows will follow an intensive training on a variety of leadership, communication, negotiation, organizational, fundraising, and project management skills that will lead to forming strategies reflecting IBJ’s vision and meeting the specific needs of their countries’ criminal justice system. Team-building exercises and recreational activities will create synergy between fellows and other IBJ staff.

Prior to the summit, the Fellows will be celebrated at IBJ’s First Jubilee for Justice to take place in Bern on June 6th, 2009.

In May 2008, IBJ joined forces with the Ministry of Justice, the Bar Association of Kigali and the Belgian Technical Cooperation to launch its first Legal Rights Awareness Campaign in Kigali, Rwanda where IBJ presented the Ministry of Justice with 5,200 posters for distribution. Have the common aspirations to empower Rwandans with legal rights awareness made some progress since? The answer is a vibrant “yes!”

Women reading the “Know your Rights” posters		IBJ representative John Bosco Bugingo, left, with a fellow Bar member

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After Marlon vigorously searched through IBJ’s resumes, we found a French criminal defender who was interested in IBJ’s work. We called him and within a week we were meeting our trainer. Mehdi Benbouzid, a French criminal defender with extensive experience training lawyers, students and police, has an invested interest in Africa and a commitment to human rights. He also had the necessary amount of francophone civil law expertise, as he had a Law degree and a Masters in Law from Université Jean Moulin in Lyon. He had been actively practicing as a criminal defender for twelve years, all the while teaching and lecturing on criminal law. He had lectured on war crimes and crimes against human rights. He had recently completed work with the International Red Cross in Syria and Jordan as a field coordinator/team leader, interviewing suspected terrorists held in Jordan and providing human rights assessments in Syria. He was perfect.

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IBJ began planning the Burundi training program in earnest in February of 2008. It was my responsibility to adapt our work in China and Vietnam to this training. I was being assisted by a young Zimbabwean attorney, Marlon Zakeyo. Marlon had worked as an intern for IBJ for two years, during which time he had been building relationships with legal organizations in Africa.

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