SOUTHERN AFRICAN DEVELOPMENT COMMUNITY (SADC) LAWYERS ASSOCIATION CONFERENCE AND ANNUAL GENERAL MEETING

DAR ES SALAAM, TANZANIA 21-24 JUNE 2007

The SADC Lawyers Association held their Conference and Annual General Meeting from the 21-24^th of June 2007, in Dar es Salaam Tanzania. At the conclusion of the Conference the participants adopted the following statement, to which representatives of the East African Bar Association present associated themselves:

Recalling paragraph 2 of the Preamble of the SADC LA Constitution that  SADC Bar Associations and Law Societies share the same vision, beliefs and aspirations with regard to upholding the rule of Law, promoting the respect for human rights, especially the rights of women, people with disabilities and children, the development of their respective legal systems to ensure the proper administration of justice and generally to work towards the harmonization of their respective legal systems and to advance the interests of the members.

Convinced that it is not possible for the SADC states to effectively undertake and discharge their individual responsibility and duty to promote and protect human rights and fundamental freedoms in their respective countries without an independent, impartial and fully empowered judiciary and legal profession.

Noting that the African Charter on Human and Peoples Rights (article 26) imposes a duty on the state parties to the Charter to guarantee the independence of the courts and ensure that public confidence in the judicial system and in the moral authority and integrity of the judiciary is upheld.

Further noting that the Principles and Guidelines On The Right To A Fair Trial And Legal Assistance in Africa (the Africa Principles) stress that “the independence of judicial bodies and judicial officers shall be guaranteed by the constitution and laws of the country and respected by the government, its agencies and authorities?/span>

Stressing that African States have, in the Africa Principles, further bound themselves to ensure that lawyers are “able to perform all of their professional functions without intimidation, hindrance, harassment or improper interference?

Reaffirming the importance of the universality, indivisibility, interrelatedness and interdependence of human rights and convinced that it is impossible to develop the African continent without recognizing the dignity inherent in the African person.

The Participants:

Welcomed the positive movement towards a new constitutional framework in the DRC that provides a basis for the establishment of the rule of law and protection of human rights.

Expressed appreciation of the role that the South African Constitutional Court continues to play in the justiciability and realization of economic social and cultural rights

Noted with appreciation that SADC LA members have taken measures to increase women’s representation and participation within SADC LA structures and that this conference had the highest number of women Presidents of the Bar Associations since the formation of SADC LA.

Expressed concern at the fact that a number of countries in the SADC region have continued to been governed in a manner that has compromised the universality, indivisibility, interrelatedness and interdependence of human rights which has resulted in serious human suffering.

Expressed concern that issues that affect the personal and institutional independence of the judiciary in a number of SADC countries remain unresolved and that there is an under appreciation of the role of the judiciary in these countries and its contribution towards effective separation of powers and checks and balances so necessary for accountability.

Noted with concern that Law Societies and Bar Associations have still not adequately developed a structured, systematic and accessible legal education, capacity building and training programme for continuous legal education of members of the legal profession in their jurisdictions.

Expressed concern at the continued systematic undermining of the judiciary and the rule of law and in particular shocked at the unrelenting and escalating verbal and physical attacks on human rights defenders and in particular members of the legal profession including lawyers in both private and public practice in Zimbabwe,

Welcomed the appointment by the SADC heads of State of President Thabo Mbeki as mediator to try and resolve the Zimbabwe crisis but expressed concern at the slow pace at which the mediation process is being undertaken.

Expressed continued concern at the legislative and administrative limitations within the SADC countries for lawyers to practice in SADC jurisdictions other than their own countries,

 The Participants resolved:

To lobby the SADC states to provide resources and create conditions of employment which are conducive to the strengthening of the personal and institutional independence of the judiciary.

To continue to encourage SADC judiciaries and facilitate them to develop a SADC Judicial Code of Conduct to ensure judicial independence and accountability,

To encourage the individual Bar Associations and Law Societies and the SADC Lawyers Association to develop a structured, systematic and accessible legal education, capacity building and training programme for continuous legal education of members of the legal profession in their jurisdictions to allow for realisation of the African Principles which state that “professional associations of lawyers and educational institutions shall ensure that lawyers have appropriate education and training and be made aware of the ideals and ethical duties of the lawyer and of human rights and fundamental freedoms recognized by national and international law.?nbsp; Such training needs to develop capacity in the area of public international law and use of international criminal tribunals.

That SADC LA Executive Committee is hereby mandated to work together with the LSZ to approach the SADC Heads of states, SADC organs and President Thabo Mbeki to encourage them to place the return to the rule of law at the top of the agenda in the mediation process to resolve the Zimbabwe crisis.

That SADC LA and individual SADC Bar Associations and Law Societies shall continue to lobby their governments to take appropriate legislative and administrative measures to allow lawyers to practice in SADC jurisdictions other than their own countries,

To collaborate closely with the East African Bar Association and to undertake joint fact finding missions to countries experiencing rule of law challenges such as Somalia, Rwanda, Zimbabwe and to ensure transfer of knowledge and skills to the African legal profession on public international law issues.

To strive for the advancement of the aims and objectives of the SADC LA at a continental level and, with a view to contributing to such achievement, to mandate the SADC LA executive to officially represent the SADC LA in networking, lobby and advocacy, and the adoption of official positions on behalf of SADC LA in these fora, in order to build necessary synergies and networks with Law Societies, Bar Associations, and other associations of lawyers within the continent.

Thus done at Dar es Salaam, Tanzania this 23^rd  Day of June 2007