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Thursday, April 1, 2010

legal integrity


LEGAL INTEGRITY EDUCATION NETWORK

PILOT PHASE WITH PRO-POOR INTEGRITY PROGRAM

PARTNERSHIP WITH UGANDA CHRISTIAN UNIVERSITY (FACULTY OF LAW)

PROPOSED STRATEGIC FRAMEWORK

1. INTRODUCTION

Most judicial systems in Africa have poor images, remain symbols of exclusion and enjoy weak levels of public trust. Using education based on “dos and don’ts” has had minimal impact on the behaviour of legal professionals. The current approach of teaching legal ethics: (a) is not adequately preparing future generations of judicial staff against workplace contamination; (b) lacks leadership programmes for legal and judicial reform; (c) excludes judicial staff members who have no law degree; is not: (d) adequately preparing nor: (e) sensitizing law students and future judges to the importance, of: (i) enforcing rule of law in a ethical, fair and timely manner, (ii) being responsive to citizens’ needs; and (iii) developing public trust in the judicial system.

The Legal Integrity Education Network (LIEN) project proposes an inclusive approach based on action learning aiming at raising the integrity and efficiency of the legal and judicial systems resulting in increased service delivery and thereby increased public trust in the judiciary and government. These improvements will be achieved through the introduction of the practical methodologies in major law schools in countries participating in the Pro-Poor Integrity (PPI)1 programme (at the pilot phase) and by the collaboration with national and international legal professional organizations, civil society organizations, the chief justice and other key players in the judicial sector.

It was agreed within Tiri, from stakeholders’ consultation, that the LIEN approach will be piloted as PPI action learning process in Uganda (LIEN-U) and upon satisfactory results be extended to other PPI and LIEN pilot countries. The Uganda Christian University (UCU) based in Mukono has agreed to be the first Law School partner, from which the deployment of the project in the country will be coordinated with the active participation of PPI partners (including national and local government officials, Chief Justice and key representatives of the local judiciary, credible NGOs) and end beneficiaries.

The present document constitutes the strategic framework of the LIEN-U to which all stakeholders will refer for their action related to the project and could be refined according to recommendation from the implementers and relevant stakeholders.

2. FOUNDATION

2.1. Vision

The initiative in Uganda envisions:

    a. A new generation of legal practitioners and court staff that actively engage in the process of rebuilding the trustworthiness of the legal and judicial professions, through increased integrity performance, pro-poor mindset and reform oriented leadership.

Or

    b. Increased trust of traditionally excluded categories to a new generation of legal and judicial practitioners active in rebuilding the integrity (ethics, competence and alignment) of the justice system.

2.2. Mission

LIEN-U will explore and implement practical methodologies of integrity education for law students by exposing them, through an inclusive approach based on action learning, to the process of rebuilding the trustworthiness (integrity performance) of the legal and judicial systems;

2.3. Activities

    1. Improve and share knowledge and capacities on curriculum, handbooks, toolkits, manuals and materials development of pro-poor integrity education for law students
    2. Involve the targeted law students in the implementation of pro-poor integrity activities carried out by Tiri’s partners in Uganda, within selected district/(s)
    3. Secure the active support, involvement and ownership of the relevant authorities of the Ugandan legal and judicial systems -Chief Justice and other key members of the judiciary and the law society…)
    4. Contribute to the continuing professional development of graduated law students in terms of integrity performance through exposure to ethics and integrity issues.

2.4. Values

The following principles2 and beliefs will guide the LIEN-U operations and be part of the values infused to the law students:

a. Action learning or adaptation

    Society develops, learns, changes, matures, and constitutes its collective memory and history in relation with time. Good governance requires permanent action and adjustment in the face of new situations. From these experiences, it learns the lessons, transmits and implements them following a principle of permanent improvement.

b. Impact oriented

    Bring tangible positive change in the life of the citizens (potential court users). This principle also encompasses the concept of profitability that specifies the necessity of achieving maximum impact at minimum cost.

c. Inclusiveness

    Take care that all stakeholders, entities, interests, and sectors concerned, are duly represented.

d. Responsibility

    Take the leadership and active control of one’s attributions, to assume one’s successes and failures, and to be accountable for them to those whom attributed the responsibility. Responsibility requires a capacity for listening and constant reactivity with regards to needs and complaints, a professional approach, but also a sense of anticipation to prevent rather than cure.

e. Sustainability

    Results, impacts and lessons learned are applicable and effectively implemented in the general interest over time and space (mainstreaming).

3. SITUATIONAL ANALYSIS (SWOT Analysis)

Scan conditions and trends in the legal/judicial, social, economic and political environments that may have a positive or negative impact on venture’s ability to achieve the vision and carry out the mission.

Through consultations (short questionnaire sent prior the meetings), you may wish to approach the Chief Justice, students, faculties, PPI partners, community leaders, private and public funding sources, legislators, government officials, local organizations engaged in similar activities, advocacy or public interest groups focusing on related issues and other key stakeholders.

3.1. Strengths

      a. The UCU has substantial experiences in Legal Clinic Education and have very able and innovative faculties.

      b. Integrity is already fundamental value in the education at the UCU

      d. Tiri has significant experiences in integrity education at University level from the PIEN programme and support from the Judicial Integrity Group (JIG) responsible for the Bangalore Principles of Judicial Integrity

      e. PPI, a five year programme of Tiri, is offering experimental field and financial support for the LIEN-U.

3.2. Weaknesses

There is a need to access additional financial resources to build the Legal Integrity Education Network and for the sustainability of the programme.

3.3. Opportunities

There is in principle active involvement and support from the Chief Justice of Uganda.

One institution that stands out as best possible international partner is the Judicial Integrity Group (JIG) that was established in Vienna in 2000 and which since then has been meeting 6 times. The Judicial Integrity Group has been financed by different key donors such as EU, Norway, GTZ, DFID and others and would the perfect partner to take the lead, based on the experience from Uganda, on how to build the Legal Integrity Education Network.

The Chief Justice of Uganda, Hon Ben Odoke, has been an active member of the Judicial Group since the beginning and would be a perfect representative of the JIG to take the lead on the pilot testing of this project in Uganda. With the full support of the Judicial Integrity Group, there would be easier access to the necessary funding and dissemination.

3.4. Threats

      a. General election in Uganda related potential risks in 2011

      b. Oil curse risk

      c. Conservatism of the magistracy

4. STRATEGIC ISSUES (to be finalized together with the key stakeholders)

Based on the identified opportunities and threats, propose for the venture decision which of these conditions or situations are having the greatest impact on its ability to fulfil the vision of the venture and which opportunities must be capitalized upon immediately to achieve the organizational vision should prioritize the identified strategic issues to more efficiently allocate limited resources to addressing the identified strategic issues.

Use the following ground rules in selecting strategic issues:

  • Choose no more than five
  • Select issues that the venture can affect
  • Come back to the mission

5. GOALS AND OBJECTIVES

The Goals of the partnership is to join LIEN in: (i) building a new generation of legal practitioners and court staff that will have an active role in the process of rebuilding the integrity and trustworthiness of the legal profession and the justice system; (ii) introducing integrity competence in continuing professional development for legal practitioners and judges and (iii) empowering citizens in general and more specifically court of law users to claim and defend their rights to have local justice system based on integrity, fairness and transparency. These goals are part of a larger initiative to foster integrity in civil society within the developing world.

Uganda Christian University’s (UCU) Faculty of Law and Tiri share the following objectives to reach the above cited goals:

    1. To improve the conduct of future magistrates, prosecutors and lawyers in a way that will improve public trust and the efficiency of the justice system.

    2. To provide quality and effective instruction in the areas of ethics, integrity and professional responsibility.

    3. To produce law graduates that are more resistant to contamination from corruption and negative societal pressure when they enter the workplace.

    4. To empower all stakeholders in society to hold the justice system accountable in the areas of trust, efficiency, justice, fairness, anti-corruption and transparency.


6. METHODOLOGY

Key principles for the methodology applied:

      1. Built on the existing experiences and skills in the UCU law Schools

      2. Open up to new practical teaching approaches to improve integrity education (case studies, participation in surveys and/workshops, exposure to judges with integrity…)

      3. Carry out an interactive process between practices and theoretical methodologies

      4. Use of PPI methodology and activities as experimental fields (partners, areas of intervention and beneficiaries) and contribution to improve the integrity performance of the local court system

      5. Collaborate with all key stakeholders, specifically the Judiciary, the Law Development Centre and the Uganda Law Society for the propitious environment of new legal practitioners and judges.

      6. Share lesson learned with other interested law schools in Uganda and in other African countries.

      7. UCU will be in the lead on developing the teaching materials, the curriculum and the programme. Tiri will support the UCU and facilitate the involvement and the participation of the other relevant stakeholders.

7. IMPLEMENTATION PLAN AND SCHEDULE (to be finalized together with the key stakeholders)

7.1. For the year 2010, the initiative aim to:

    1. introduce the LIEN approach to the legal community in Uganda
    2. Secure the full support from the Chief Justice, key members of the judiciary and the law society
    3. develop and pilot test contextualized methodologies and tools with the Uganda Christian University and PPI partners and end beneficiaries through: (i) instruction on legal integrity offered within meaningful and varied models; (ii) emphasis on ethical character formation within law students (iii) student driven street law initiatives (iv) direct law student involvement and interaction with pro poor legal initiatives.
    4. develop a concept of a Centre of Integrity Legal Education to be the intellectual incubation and memory of the network.
    5. Secure the support from the Judicial Integrity Group

7.2. Outcomes and Outputs

At the end of the period, the law students will have acquired the knowledge and developed their competence in and commitment to the use of integrity in the legal and judicial system to contribute to the meeting of the legal needs of the poor in selected Districts in Uganda.

Specifically, the initiative will deliver:

    1. The full support and commitment from the Chief Justice and key members of the Judiciary and the Law Society
    2. The strategic document specifying among others the concept, orientation, approaches, resources priorities and measurement adopted, endorsed by key stakeholders and implemented;
    3. Additional resources for implementing the strategy secured;
    4. A Legal Integrity Education Package including curriculum development manual, curriculum, training manuals, training materials and pedagogic tools developed and applied;
    5. A concept paper on the Center for Integrity Legal Education developed, including an agreement with a support academic institution;
    6. A technical document on the evaluation of the initiative and its impacts on the PPI end beneficiaries approved by the steering committee.

7.3. Activities

7.3.1. Letter of Commitment and Cooperation Agreement

    Conclude and sign letter of commitment and cooperation agreement with:

    1. Ugandan Partners: (i) Chief Justice of Uganda; (ii) Uganda Christian University,

      (iii) Uganda Law Society, (iv) Judicial Authority,

    1. International Partners: (i) Judicial Integrity Group,

      1. Strategic preparation
    1. Invite one UCU faculty member to the PPI Mombasa Policy Lab for the PPI programme appraisal
    2. Conduct a desk study and scoping mission to:
      1. Establish a Project Steering Committee (Ben Odoke, University, law society, court users)
      2. Draft and adopt the Strategic document including established baseline against which outputs, outcomes and impact of the project can be measured
      3. Identify additional resources to support the implementation of Tiri and its three projects: (i) LIEN, (ii) PPI and PIEN

      1. Technical development activities:
    1. Conduct needs assessment and baseline;
    2. Visit street law experiences in South Africa;
    3. Organize a curriculum development workshops;
    4. Develop training manuals, materials and pedagogic tools ( resources such as: for Students - Handbook for Judicial Reform, Integrity Toolkit, case studies, videos- and for Communities and pupils: theatre, with anti corruption play, video; role play…).

      1. Implementation
    1. Local Court Institutional Integrity exercises
    2. Local Court Integrity Monitoring exercises
    3. Street Law exercises
    4. Legal Integrity Writing Award
    5. Monitor and evaluate the implementation for corrective actions
    6. Organize a stakeholders meeting for decision on next steps

7.4. Suggested key indicators

    1. Numbers and quality of technical documents produces
    2. Numbers of faculties and students involved
    3. Academic results of students
    4. Numbers of end beneficiaries impacted
    5. Satisfaction of end beneficiaries measured through surveys and/focus groups
    6. Satisfaction of other stakeholders such as PPI partners and relevant legal and judicial community members
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