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african centre for legal excellence
Harnessing the lion’s potential
2 International Law Institute–African Centre for Legal Excellence
Board of Directors
Professor Don Wallace, Jr. (Chairman) Professor, Georgetown University Law Center Ambassador Georg Lennkh Former Director General and Former Special Envoy for Africa, Austrian Development Cooperation Francis M. Ssekandi, Esq. Former General Counsel, African Development Bank Paatii Ofosu-Amaah, Esq. Former Vice President and Corporate Secretary, The World Bank Charles O. Verrill, Jr., Esq. President, International Law Institute Alexander Marquardt Partner, Kramer Levin (Paris) Swithin J. Munyantwali, Esq. (Ex-Officio)Â Vice Chairman and Co-Founder, ILI-ACLE
The International Law Institute-African Centre for Legal Excellence’s (ILI-ACLE) efforts have contributed towards the development of the legal infrastructure of the sub–Saharan African region. By legal infrastructure, we refer to sustainable systems that provide the framework for an enhanced investment climate and the development of physical infrastructure. Legal infrastructure includes: •
Responsibly drafted and enforced legislation
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Strengthened mechanisms for dispute resolution
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Enhanced criminal investigations, prosecutions and adjudications
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Mechanisms for good governance and anti–corruption
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Universal access to legal due process
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Respect for human rights and environmental conservation
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Strong systems of public procurement
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Private financing of infrastructure
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Local capacity to build and maintain these systems
With a regional focus in sub–Saharan Africa and a combination of regionally and internationally renowned experts, ILI–ACLE has successfully been able to ensure that its programmes address the unique challenges confronting Africa with the most contemporary and relevant international best practices. It is the first and only centre of its kind on the African continent. Over 10,000 public and private sector professionals from a cross–section of 35 African countries have benefited from the Institute’s initiatives.
International Law Institute–African Centre for Legal Excellence
Building Africa’s Legal Infrastructure
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A Note from our Chairman
Prof. Don Wallace, Jr. Chairman
This will be the eighteenth year that the ILI-ACLE has been in operation on the African continent. As I wrote a year ago, the last year has been yet another successful one. Our vision continues to be the promotion of good governance underscored by a discerning public and private sector capable of managing national affairs, whether in finance, public sector reform, or in complex trade negotiations in a bilateral or multilateral context; ultimately, the goal is to ensure that African institutions can participate on equal footing with all others throughout the world. The footing is getting more secure. And it is a fact, as our Vice Chairman, Swithin Munyantwali, points out, that eleven of the twenty fastest growing economies in the world are in Africa. It is also a fact, however, that these developments continue to require a firm grasp of the issues towards ensuring the existence of stable legal systems and accompanying legal frameworks, as well as creating the building blocks necessary for the sustainability of the pillars of government – and in these difficult financial times, ensuring that strong corporate governance exists in all aspects of public and private sector dealings. In order to deepen our contributions to the continent, it is with great pleasure that we hosted two study tours for the Judiciary of Uganda on Comparative Appellate Systems in Washington, DC in 2014—marking the first capacity building initiative for esteemed judges of the Uganda Supreme Court and Court of Appeal. We are also expanding our cooperation with several leading international universities so as to broaden our training in both law and business management. As in the past, we are grateful for the support of our alumni, staff, board, and private and public sector partners, whom we shall continue to rely on in coming endeavors this decade.
5 Over the years, ILI–ACLE has been calling for Africa to take its place on the global stage, and increasingly, it has. From the 2014 U.S. – Africa Leaders Summit to the listing of prominent Nigerian business industrialists, Aliko Dangote and Kenyan Activist, Ory Okolloh, amongst Time Magazine’s Top 100 Most Influential People in the World, 2014 Africa’s representation at the global table has been slowly, but significantly realised. The Institute’s initiatives have been focused in this regard. From developing future African leaders in international criminal law, to preparing African nations to navigate sustainable best practices in oil industry contracts, we have contributed to an empowered continent. But the continent’s achievements are too often drowned by negative, fear–inciting headlines. From famine to Ebola, terrorism to rights– inhibiting legislation, the continent continues to be defined from the outside, rather than by the promising voices of African stakeholders. Swithin J. Munyantwali As we enter our eighteenth year on the continent, we are humbled by its tremendous growth and unbridled potential. The World Bank projects that, for the period 2013–2015, eleven of Vice Chairman the world’s twenty fastest–growing economies will be in Africa. We have no doubt. From Cape Town to Cairo, Mombasa to Monrovia, we have seen spirited entrepreneurs and public sector officials alike innovate and iterate, developing solutions to the continent’s most pressing challenges. Similarly, our Institute will be taking a more proactive approach in 2015 than in previous years. With our unique ability to consult with high level government and private sector decision–makers while standing alongside local communities on the ground, ILI–ACLE will be at the forefront of designing African solutions to Africa’s systemic constraints. It is time the world sees what we see: Africa as a real global economic player, rather than simply a recipient of charity. We challenge regional and international stakeholders to harness the potential of this great continent and work with us in developing Africa’s legal infrastructure. Thank you for your continued support.
International Law Institute–African Centre for Legal Excellence
A Note from our Vice-Chairman
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Recent Achievements Customised Comparative Appellate Justice Systems Study Tour: From Administration to Adjudication in Washington, DC for Justices of the Uganda Supreme Court and Court of Appeals ILI–ACLE designed and implemented a customised Comparative Appellate Justice Systems Study Tour: From Administration to Adjudication for 25 justices of the Supreme Court and Court of Appeals in Uganda and their registrars. This study tour, which ran twice in Washington, DC, from July 7–11, 2014, and subsequently, from August 18–22, 2014, for 13 and 12 participants, respectively, utilised the Judiciary of the United States as a global classroom to obtain practical, and hands–on capacity development on how to participate in a fair, efficient and effective judicial appellate process. This initiative marked the first–ever effort to provide capacity building to members of the Ugandan Supreme Court and Court of Appeal. Training Programme on Contract Drafting and Negotiations: Natural Resources–Mining Sector for Public Sector Mining Professionals across AfDB Member Countries In May 2014, ILI–ACLE signed a contract with the African Development Bank (AfDB)/African Development Institute (EADI) to conduct a pilot training for public sector professionals working in national mining agencies from across 10 AfDB member states in the area of Contract Drafting and Negotiations: Natural Resources–Mining Sector. This pilot training, held June 16–20, 2014 in Lusaka, Zambia, serves as a framework for a continent–wide capacity building initiative aimed to strengthen capacity in negotiating and drafting natural resource agreements across the continent.
Strengthening the Capacity of Local Council Courts towards Enhancing Access to Justice in Uganda In September 2013, ILI–ACLE entered into a Memorandum of Understanding with the Democratic Governance Facility, the Uganda Ministry of Local Government (MoLG) and the Justice, Law and Order Sector (JLOS), for an extensive two–year $2 Million initiative aimed to strengthen access to justice in Uganda through building the capacity of its most local and accessible court structures—local council courts (LCCs). With the ongoing collaboration with, and buy–in from, key stakeholders, ILI–ACLE has developed a comprehensive training manual that has been approved by MoLG and other key JLOS stakeholders and has completed training of a cadre of 900 MoLG trainers, who will be monitored and empowered to conduct training of LCCs at the village and parish levels in more than 45 districts across Uganda in 2015.
International Law Institute–African Centre for Legal Excellence
International Commercial Law Training for the Rwandan Judiciary The Judiciary of Rwanda awarded ILI–ACLE with a contract following an international competitive bidding process to provide the Judiciary with training in international commercial law. In close collaboration with Case Western Reserve University (CWRU), ILI–ACLE designed and implemented a specially tailored programme for 29 judges (including judges of the Supreme Court) and registrars from the Rwandan Judiciary, combining both face–to–face and online training, and leading to the award of an Advanced Professional Certificate in International Commercial Law. The objective of the training was to contribute towards improved commercial law knowledge and skills within the Rwanda Judiciary. The programme has been structured around three modules – International Trade and Economic Law, International Business Transactions and International Communications and Innovation Law – which are facilitated by a combination of ILI–ACLE and Case Western Reserve University (CWRU) School of Law. Each module comprises classroom training, online learning, and independent research.
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Customised Training Programme on Courtroom Techniques & Advocacy for the Ethics Secretariat of Tanzania In June–July 2014, ILI–ACLE customised a five–day training programme on Courtroom Techniques and Advocacy for officials of the Tanzania Ethics Secretariat, which is an independent department under the President’s Office established under the national Constitution, which serves to implement the Public Leadership Code of Ethics and to monitor the ethics behaviour and conduct of public sector leaders. This programme, designed for lawyers of the Secretariat and non–lawyer members of the Ethics Tribunal, provided participants with a strong understanding of the framework of the Tribunal and the best practice techniques in advocacy and adjudication to enable the Secretariat to effectively fulfil its mandate where breaches to the Code of Ethics are alleged. University Consortium for Executive Education and Research ILI–ACLE has established a University Consortium for Executive Education and Research––a consortium of U.S. and international institutional academic partners with which ILI–ACLE, will offer fully accredited joint transatlantic LLM and MBA degrees and certificates for public and private sector African professionals on a part–time distance learning basis. ILI–ACLE is taking its mandate to the next level by leveraging its depth of experience and knowledge in regional legal and business concerns into relationships with leading U.S. universities and law schools. In 2014, ILI–ACLE entered into highly significant memorandums of understanding with two major U.S. universities – the Case Western Reserve University and Seattle University.
Cluster 1: Legal Drafting & Commercial Law Programmes
Dates
Location
Legal Drafting
Legal English, Research and Writing Legislative Drafting Diploma in Legislative Drafting
Jun 15–26
Kigali, Rwanda
Mar 16–27
Nairobi, Kenya
Aug 31–Sept 18
Kampala, Uganda
Aug 31–Oct 30
Kampala, Uganda
COMMERCIAL LAW
International Business Transactions
Negotiation, Drafting and Management of Contracts Mediation and Arbitration
May 10–21
Dubai, UAE
Sept 7–18
Nairobi, Kenya
Jun 15–26
Kigali, Rwanda
Nov 2–13
Kampala, Uganda
Jun 22–Jul 3
Nairobi, Kenya
International Law Institute–African Centre for Legal Excellence
2015 Programmes Schedules
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Cluster 2: Effective Investigations & Prosecutions in Civil and Criminal Matters Programmes
Courtroom Techniques & Advocacy
Technology–based Forensic Investigations Effective Courtroom Advocacy in the Criminal Justice Sector
Dates
Location
Mar 16–27
Kigali, Rwanda
July 20–31
Maseru, Lesotho
Sep 28—Oct 2
Zanzibar, Tanzania
Oct 5-9
Zanzibar, Tanzania
May be taken as individual modules or as a combined 2 week programme
11 Extractive Industries & Power/Energy Programmes
Dates
Location
Extractive industries
Contract Drafting, Negotiations and Management in the Extractive Industries
May 10–21
Dubai, UAE
Aug 10 –21
Nairobi, Kenya
Nov 23–Dec 4
Kampala, Uganda
Dec 7–11
Kampala, Uganda
Financing Developments in the Power Sector
Jun 15–19
Kampala, Uganda
Negotiating and Drafting Power Purchase Agreements
Jun 22–26
Kampala, Uganda
Jun 29–Jul 3
Kampala, Uganda
A Human Rights–based Approach to Development in the Extractive Industries
May be taken as individual modules or as a combined 3 week programme.
Power/energy
Dispute Resolution in Power Purchase Agreements Clean Energy and Climate Change
Sept 21-25
Kigali, Rwanda
May be taken as individual modules or as a combined 2 or 3 week programme.
International Law Institute–African Centre for Legal Excellence
Cluster 3:
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Cluster 4: Judicial Reform & Access to Justice Programmes
360° Overview of Judicial Operations: From Administration to Adjudication Mediation & Arbitration
Dates Apr 20–24 Jun 22–Jul 3
Location Port Louis, Mauritius Nairobi, Kenya
Leadership and Management in the Judiciary
Aug 10–14
Entebbe, Uganda
Improving Accountability in the Court Registry
Aug 17–21
Entebbe, Uganda
Public Relations and Customer Care in the Judiciary
Aug 24–28
Entebbe, Uganda
Innovations in Access to Justice
Sept 21–25
Kigali, Rwanda
May be taken as individual modules or as a combined 2 or 3 week programme.
13 Human Rights & Good Governance Programmes
Innovations in Access to Justice African Leaders Summit: Advances in Leadership, Management & Governance
Dates
Location
Sept 21–25
Kigali, Rwanda
October 12-16
Accra, Ghana
Forensic Accounting and Fraud Detection
Nov 2–13
Kampala, Uganda
A Human Rights–based Approach to Project Cycle Management
Nov 16–20
Nairobi, Kenya
A Human Rights–based Approach to Development in the Extractive Industries
Dec 7–11
Kampala, Uganda
International Law Institute–African Centre for Legal Excellence
Cluster 5:
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2016 Programmes Schedules Cluster 1: Legal Drafting & Commercial Law Programmes
Dates
Location
Jan 11–22
Kampala, Uganda
June 6–17
Nairobi, Kenya
Legislative Drafting
Feb 8–26
Nairobi, Kenya
Mediation and Arbitration
Mar 14–25
Kigali, Rwanda
Negotiation, Drafting and Management of Contracts
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Courtroom Techniques & Advocacy
Dates May 16–27
Location Port Louis, Mauritius
Cluster 3: Extractive Industries & Power/Energy Programmes
Dates
Location
Extractive industries
Contract Drafting, Negotiations and Management in the Extractive Industries
Jul 4–15
Kampala, Uganda
International Law Institute–African Centre for Legal Excellence
Cluster 2:
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Seminar Descriptions 360 0 Overview of Judicial Operations: From Administration to Adjudication Provides judges and judicial managers and administrators with a 360 degree overview of effective judicial operations—from electronic case management and tracking, public relations and customer care, courtroom management, to judicial decision making and opinion-writing. African Leaders Summit: Advances in Leadership, Management and Governance Developed for mid- and senior-level managers in public and private sector institutions, this programme provides professionals with essential skills to enable them to serve as effective leaders, managers and institutional change agents. Clean Energy and Climate Change With the continuing discovery of oil, gas and hard minerals on the continent, considers the climate change implications of natural resource exploitation and the use of clean energy sources to power the continent’s future. Contract Drafting, Negotiations and Management in the Extractive Industries Enhances the capacity of professionals to effectively negotiate and manage natural resource agreements and participate in national and cross-border transactions in
light of the legal, fiscal and social implications arising from exploitation in the oil, gas and mining sectors. Courtroom Techniques & Advocacy A practical course aimed to equip lawyers with a strong foundation in litigation procedures and courtroom techniques to serve as effective advocates. Diploma in Legislative Drafting An intensive nine-week programme directed to achieve an intelligible and confident style of legislative drafting and engage participants in the practical drafting of legislation to support the emergence of free market economies and democratic forms of government. Dispute Resolution in Power Purchase Agreements Designed for senior management and lawyers in the energy sector, explores risk allocation in power purchase agreements and mechanisms for resolving disputes arising in the sector, with a practical focus on arbitration. Effective Courtroom Advocacy in the Criminal Justice Sector An intensive programme aimed to provide criminal prosecutors and defence lawyers with best practice techniques in courtroom advocacy through effective presentation and examination of evidence, including technology-based evidence.
17 Improving Accountability in the Court Registry A practical look at accountability in the registries and improving court file integrity, exploring various court performance measurement tools, with reference to regional and international best practice. Innovations in Access to Justice Developed for justice sector institutions, legal practitioners and civil society, this practical programme identifies and examines access to justice and regional and international innovative solutions that have been found to effectively address barriers to access. International Business Transactions Prepares legal practitioners to effectively conduct legal research, draft contracts and other legal documents, responsibly advise clients and competitively engage in the negotiation, management and execution of commercial transactions. Leadership and Management in the Judiciary Recognising the unique nature of judiciaries, this programme familiarises judges, judicial administrators and managers with effective leadership and management practices to respond to the demand for increased services from courts and numerous reform initiatives that necessitate direction, strategic planning and organisational change.
International Law Institute–African Centre for Legal Excellence
Financing Developments in the Power Sector Through a series of regional and international case studies, practically explores public–private partnerships and other mechanisms of financing power sector projects. Forensic Accounting and Fraud Detection Increasingly important in the face of today’s rapidly changing and evolving economy, this programme aims to improve the ability of participants to detect existing and potential fraudulent occurrences through an introduction to the fundamentals of forensic accounting and investigation. A Human Rights–based Approach to Development in the Extractive Industries Designed for public and private sector leadership in the extractive industries as well as civil society, explores the rights and responsibilities of governments, corporations, development partners and local communities in the exploitation of natural resources. A Human Rights–based Approach to Project Cycle Management Engages those responsible for designing, planning, implementing or supervising programmes or projects in the application of human rights-based approaches in all phases of the project cycle for more effective and sustainable initiatives.
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Legal English, Research and Writing Introduces lawyers to legal English terminology and develops participants’ legal research and writing skills through examination of statutes and legal precedent. Legislative Drafting Two and three certificate programmes aimed to develop capacities of participants to analyse and draft laws and to understand policies to effectively participate in the legislative process. Mediation and Arbitration Provides participants with skills to effectively apply methods of alternative dispute resolution, with a focus on mediation and international commercial arbitration. Negotiation, Drafting and Management of Contracts Strengthens participants’ understanding of the legal language of contracts and develops practical skills to effectively analyse, negotiate and manage contracts. Negotiating and Drafting Power Purchase Agreements Designed for senior management and lawyers in the energy sector, explores key features in power purchase agreements and best practices in negotiating and drafting such agreements.
Public Relations and Customer Care in the Judiciary Provides participants with public relations techniques, and customer care and professional courtesy guidelines to positively enhance court experience, make the courts more accessible and result in improved delivery of justice. Technology–based Forensic Investigations Designed for police, investigators, prosecutors, defence lawyers and other law enforcement officials, this programme explores best practice techniques for the identification, investigation, handling and utilization of forensic evidence in legal proceedings, with an emphasis on the digital dimensions of evidence and electronically stored information.
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For Further Information:
Kampala Office: East African Development Bank Building, 4th Floor 4 Nile Avenue, P.O. Box 23933 Kampala, Uganda Tel.: +256 414 347 523; Fax: +256 414 347 522
Nairobi Office: Lavington Green Nairobi, Kenya Tel.: +254 735 083 634
Maseru Office: L an cer’s Inn, King sway P ri vate Bag A46 9 Maseru 10 0, Leso t ho Emai l : admin@ili- clr p.or. l s Email: administrator@ili.or.ug Web: www.iliacle.org