About

Phase I of the Strengthening Access to Justice through Legal Sector Development Program in Eastern Africa (SAJEA) is a two year program between the Canadian Bar Association (CBA) and partners in four countries in Eastern Africa: Kenya, Tanzania, Uganda, and Ethiopia.  

SAJEA is designed to strengthen the ability of justice system stakeholders to address issues related to access to justice and to increase collaboration among justice system stakeholders to improve access to justice. 

The Program is undertaken with the financial support of the Government of Canada provided through the Canadian International Development Agency (CIDA) and is supported by the voluntary contributions of legal professionals in Canada and Eastern Africa.

SAJEA builds on the past cooperation between the CBA and the Kenya Law Society, the Tanganyika Law Society, the Uganda Law Society, the Zanzibar Law Society, the Ethiopian Bar Association and the East Africa Law Society. The CBA, with support from CIDA, has been working with its colleagues in the region for over ten years, providing technical support to improve the capacity of the legal profession and the functioning of the legal systems. Specifically the CBA has provided support for continuing legal education programs, law reform advocacy, governance of the legal profession, alternative dispute resolution and case management, among other things.

Participating Organizations

• Canada
• Ethiopia
• Kenya
• Tanzania
• Uganda
• Regional

CANADA

Canadian Bar Association

The Canadian Bar Association (CBA) is the largest voluntary organization of the legal profession in Canada. Formed in 1896, today the CBA represent some 37,000 lawyers, judges, notaries, legal academics and law students from across Canada. Approximately two-thirds of all practicing lawyers in Canada are members. 

Since 1990, the CBA has engaged in justice system reform and modernization programs with partners in over 30 countries across Asia, Africa, the Caribbean and Central Europe. The CBA has worked in partnership with both state justice institutions and civil society organizations on a wide range of justice reform projects, including institutional capacity building, policy and law reform, the administration of justice, access to justice and professional skills and substantive law training.

CBA activity in this area is conducted through the CBA's International Development Committee (IDC), a Standing Committee of the CBA which "anchors" the international program to the broader governance structure of the CBA. Made up of nine CBA member volunteers who include academics, judges and lawyers, the Committee essentially provides a board function to the work of the IDC staff providing broad policy support and direction for the international program. There are currently 13 full and part time staff working on international projects for the IDC, including the SAJEA program. All have extensive project and institutional management, as well as international experience.

For more information on the CBA, see www.cba.org. For more information on the CBA’s international work, visit: http://www.cba.org/idp

ETHIOPIA

Ethiopian Bar Association

The Ethiopian Bar Association (EBA) is a non-partisan, non-profit association of lawyers registered under the Civil Code in 1966. The EBA currently hasover 450 members, who are primarily private lawyers admitted to practice before the Federal Courts. The EBA’s goals are to: promote and uphold the rule of law, the independence of the judiciary, good governance and human rights; ensure the dignity and independence of the legal profession; upgrade the skills of legal professionals; and provide pro bono legal aid.

http://www.ethiopian-bar.org/

KENYA

The CRADLE – The Children's Foundation

The Children’s Foundation is a non-profit making and non governmental organization committed to the protection, promotion and enhancement of the rights of the child through court representation, advocacy and law reform. The CRADLE institutionalized in 1999 by setting up a pilot and the first legal aid clinic of its kind for children and has since continued protecting and promoting the rights of children to this day.

http://www.thecradle.or.ke/ 

Judiciary

http://www.judiciary.go.ke

Kenya Law Reform Commission

The Commission was established in 1982 by the Law Reform Commission Act of Kenya (Cap 3). Its principle objective is to keep under review all the law of Kenya to ensure its systematic development and reform, including in particular the integration, unification and codification of the law, the elimination of anomalies, the repeal of obsolete and unnecessary enactments, and generally its simplification and modernizations.

http://www.klrc.go.ke/

Law Society of Kenya 

The Law Society of Kenya (LSK) was established by The Law Society of Kenya Act in 1963. Its mandate is to advise and assist members of the legal profession, the government and the public in all matters relating to the law and administration of justice in Kenya. LSK is governed by an elected council from its membership of over 4,000 lawyers. All advocates in Kenya are required to be members of the LSK.

http://www.lsk.or.ke/

Ministry of Justice, National Cohesion and Constitutional Affairs

http://www.justice.go.ke

TANZANIA

Commission for Human Rights and Good Governance (CHRAGG)

The Commission for Human Rights and Good Governance (CHRAGG) is an independent government department, established as the national focal point institution for the promotion and protection of human rights and duties as well as good governance in Tanzania. CHRAGG was established under Article 129(1) of the Constitution of the United Republic of Tanzania of 1977 as amended by Act No. 3 of 2000.

The Commission became operational on the July 1, 2001, after the coming into force of the Commission the Human Rights and Good Governance Act No.7 of 2001 as amended by Act No. 16 of 2001 and Government Notice No. 311 of 8th June 2001. The Commission was officially inaugurated in March 2002 following the appointment of Commissioners by the President of the United Republic of Tanzania.

http://www.chragg.go.tz/

Ministry of Constitutional Affairs and Justice

http://www.tanzania.go.tz/justice.htm

Tanganyika Law Society

The Tanganyika Law Society (TLS) was established in 1955 by the Tanganyika Law Society Ordinance as the bar association for mainland Tanzania. All of the 900 members are qualified to practice as advocates before the courts in Tanzania mainland. The TLS is governed by an elected council. Its mission is to promote the rule of law by furthering the professional development of its members, to protect the integrity and ethical standards of the legal profession, defend the independence of the judiciary, uphold justice and human rights and influence legal reforms.
http://www.tanganyikalawsociety.or.tz/

Tanzania Commission for AIDS (TACAIDS)

The Tanazania Commission for AIDS was established by the Tanzania Commission for Aids Act 2001, with a mission:

To provide strategic leadership and to coordinate the implementation of a national multi-sectoral response to HIV-AIDS leading to the reduction of further infections associated diseases and the adverse socio-economic effect of the epidemic.

The Commission is an independent department under the Prime Minister’s Office, with representation drawn from outside the public service for broad based multi-stakeholder participation.

http://www.tacaids.go.tz/

Tanzania Network of People Living with HIV/AIDS (TANOPHA)

Zanzibar Law Society

The Zanzibar Law Society (ZLS) in an independent non-profit association which was registered under the Societies Act in 1998. Membership in the ZLS is mandatory for all advocates and is open to all members of the legal profession. ZLS currently has just over 100 members and is governed by an elected executive. The objectives of ZLS are to: maintain the honour and dignity of the profession of the law; promote the observance of the rule of law and independent administration of justice, the judiciary and the bar; promote the administration of justice; and establish and maintain relations and exchange between the members of the legal profession.

UGANDA 
 
Judiciary

With a mission “To dispense justice to all people in Uganda, through timely adjudication of disputes without discrimination,” the judiciary in Uganda is constitutionally mandated to, among others:

1. Administer justice through resolving disputes between citizens on the one hand, and between citizens and the state on the other.
2. Interpret the constitution and the laws of Uganda.
3. Promote the rule of law and contribute to the maintenance of order in society.
4. Protect human rights of individuals and groups.
5. Enroll and license advocates.
6. Contribute to the enforcement of law and order.
7. License and discipline court brokers.
8. Keep custody of laws enacted and disseminate legal literature.
9. Introduce modalities for out of court dispute resolution mechanisms to reduce the burden of cases on the courts.

Structurally, the judiciary consists of:

1. The Supreme Court, headed by the Chief Justice.
2. The Court of Appeal/Constitutional Court, headed by the Deputy Chief Justice.
3. The High Court, under which are the commercial, civil, criminal, land, family, anti-corruption and war crimes divisions. The High Court is headed by the Principal Judge.
4. Chief Magistrates courts.
5. Grade I Magistrates Courts.
6. Grade II Magistrates Courts, at which level there are the Family and Children’s Courts.
7. The Local Council Courts.

http://www.judicature.go.ug

Justice, Law and Order Sector Reform (JLOS) Programme

JLOS was established in 1999 following government commitment to undertake reforms in the justice sector in Uganda. It was the first innovative reform process of its kind in the justice sector in Africa, increasing communication, coordination and cooperation amongst several stakeholders in implementing a sector wide, prioritized and costed strategic investment plan.it enhances coherence in policy discussion and formulation, as well as resource allocation; and has strategic partnerships with the private sector, civil society organizations and others sectors of government towards achieving justice for all.

http://www.jlos.go.ug

LASPNET 

The Legal Aid Service Providers Network (LASPNET) is a an initiative that brings together the various legal aid service providers in Uganda, with the aim of availing quality legal aid services upon demand and bridging the access to justice gap by bringing together the various legal aid service providers under one umbrella body. The objectives of LASPNET are to:

1. Mobilize various resources in facilitating common objectives of the legal aid service providers.
2. Build and strengthen institutional and human resource capacity of legal aid providers.
    
3. Improve on cost effectiveness and geographical coverage of legal aid service providers.
4. Facilitate the development, use and monitoring of common standards to eliminate overlaps.
5. Lobby and advocate for issues that are relevant and appropriate to the promotion of access to justice for all. Research, document and disseminate information on best practices in enforcement of human rights.
6. Research, document and disseminate information on best practices in the provision of legal services.

http://laspnet.org

Paralegal Advisory Services (PAS)/Foundation for Human Rights Initiative (FHRI)

Initially started as a successful pilot project in 2005-2006, the Paralegal Advisory Services intervention is an innovative program that aims at enhancing access to justice through the use of paralegals and social workers to provide legal aid services to persons in conflict with the law. The program includes: provision of basic legal advice, following up of cases in the criminal justice institutions; linking suspects and remand prisoners to their families and community members for the required assistance; engaging in practice advocacy; and upping the visibility of the demand side of the criminal justice system. The paralegals and social workers work in police stations, prisons, remand homes and courts of law.

At the evaluation of the pilot, it was discovered that the program had carved out a strategic niche in the criminal justice system by linking the demand and supply sides of the criminal justice system focusing on mainly indigent persons; making a marked contribution to the decongestion of detainees and cases within the police and the prisons in the pilot areas. 
 
Administratively, the PAS program is housed by the Foundation for Human Rights Initiative (FHRI), with a national coordinator managing the day to day activities under the oversight of Executive oversight of the Executive Director FHRI. A multi institutional policy organ including the Judiciary, Prisons, Director of Public Prosecutions and headed by a judge of the High Court provides policy guidance for the program. The initiative is being supported by the Legal Aid Basket Fund. 

http://www.fhri.or.ug

Uganda Law Council, Ministry of Justice and Constitutional Affairs

The Law Council is a department of the Ministry of Justice and Constitutional Affairs, and was established under the Advocates Act of 1970 (as amended). It is chaired by a judge of the courts of judicature, and its membership includes:

1. The President of the Uganda Law Society.
2. The Director of the Law Development Centre.
3. The Dean of the Faculty of Law of Makerere University.
4. Two Practicing Advocates elected by the Uganda Law Society.
5. The Solicitor General or his or her representative not below the rank of Principal Sate Attorney.
6. A person co-opted by the Law Council.

The functions of the Law Council are:

1. To exercise general supervision and control over professional legal education in Uganda.
2. Without prejudice to the generality of paragraph (a) of this section, to approve courses of study and to provide for the control of qualifying examinations for any purposes of the advocates Act.
3. To advise and make recommendations to the government on matters relating to the profession of advocates.
4. To exercise, through the medium of the disciplinary committee, disciplinary control over advocates and their clerks.
5. To exercise general supervision and control over the provision of legal aid and advice to indigent persons.
6. To exercise any power or perform any duty authorized or required by this or any other written law.
7. To exercise power of approval of persons eligible to practice as advocates in Uganda.

http://www.justice.go.ug/tlc.htm

Uganda Law Society

The Uganda Law Society (ULS) was established by the Uganda Law Society Act in 1956, with a current membership of over 2,000 lawyers. All practising advocates are required to be members of the Society by law, just as are all the lawyers in the government service. The mission of the ULS is to improve the professional standards of members of the legal profession and to promote human rights and the rule of law in Uganda by assisting the Government, Judiciary and the public in all matters relating to the administration and practice of law.

http://uls.or.ug/

REGIONAL

East Africa Law Society

The East Africa Law Society (EALS) is a dual membership organization, bringing together over 7,000 individual lawyers from the region as well as six national bar associations:  Law Society of Kenya; Tanganyika Law Society, Zanzibar Law Society, Uganda Law Society, Kigali Bar Association and Burundi Bar Association. EALS was formed in 1995 and is governed by an elected governing council. It is the largest organization professional membership organization in the region with a strong mandate and interest in: professional development  and the practice of law; constitutionalism, democracy and good governance; the just rule of law; and the advancement, promotion and protection of all human rights of all people in East Africa and beyond.

http://www.ealawsociety.org/