So this blog has been largely populated by anecdotes of my experiences in Ethiopia OUTSIDE of the office. I have shared some information about my lovely co-workers and a vague outline of what I will be doing, but I promised to tell you more. And I am a man of my word (for the most part anyways J)
So, this post is devoted entirely to the work of the Ethiopian Bar Association and the work I will be doing here. It also discusses some of the challenges that the EBA is currently facing. Thanks to Ato Derbew for giving me permission to talk about the work of the EBA in this forum.
This post might be quite long (let’s keep it real – this is me - it WILL be quite long). While the EBA is a small organization/NGO in terms of its Secretariat/office administration, its Executive Council and Secretariat have created programs under the EBA umbrella that would rival some major players in the NGO world. They have taken a sophisticated, sensitive approach to their work and I am in awe of this group each and every single day that I sit in this office. I am in awe of the fact that they manage to accomplish so much in the face of so many complexities, constraints and challenges. I know it has only been two weeks, but I wish to say thank you to Ato Derbew and the staff of the EBA for welcoming me into your office and into your world, for introducing me to your work, for inviting my contributions, and for making me feel at completely and totally at home. Amezikinnanoe.
Profile of the EBA (Sources of Information: Ethiopian Bar Association (Pamphlet) and Ethiopian Bar Association (EBA) – Development and Key Issues or Challenges Discussion Paper)
non-profit, non-partisan professional association of attorneys in Ethiopia
AIM:
promote the interests of its members and the development of the legal profession
upholds the rule of law
Upholding the independence of the judiciary
Advocating for good governance and human rights
Maintaining the Dignity and Independence of the legal profession and legal professionals
Ensuring, updating and upgrading the legal skills of practicing lawyers
Provision of free legal aid service/pro bono legal aid to the under-privileged members of society – those who are in need
Increasing awareness of the public on law and legal rights
Generally assisting in the administration of justice
History
Originally organized under the name “Advocates’ Welfare Association” in 1965 – mainly dealing with the social purposes of its members
Organization evolved into the Advocates’ Association in 1966 and was registered with the then Ministry of the Interior – thereby serving a semi-professional purpose
Renamed the Ethiopian Bar Association in 1967 (or is it mid 1980s)
EBA is a founding member of the Pan-African Lawyers’ Union (PALU) whose headquarters are in Addis Ababa, Ethiopia
Recent Developments
Until last year, when the new, current EBA statute was adopted, membership was restricted to practicing lawyers licensed with the Ministry of Justice or the Regional Justice Bureaus
The current constitution of the EBA stipulates that any person practicing law, whether such a person is licensed or not could be a member
This broader definition encompasses legal professionals such as public prosecutors and legal advisors of different governmental and private organizations that practice law
Current Strata of Membership includes 2 categories:
1) Full Members
2) Associate Members without voting rights. This category of membership is opened to any legal professionals such as judges, law school lecturers and law students.
The total number of EBA members varies from time to time – however there is a steady growth in membership
As such, the EBA now has more than 500 members, out of the estimated 900 federal courts attorneys registered with the Minister of Justice
Membership is voluntary
EBA Objectives
Promote the efficient administration of justice
Work for human rights and he rule of law
Propose amendments and new laws
Contribute to the development of jurisprudence in Ethiopia
Develop basic education and execute ethical rules of lawyer
Provide free legal aid to the needy
Promote cordial/civil relationships between legal professionals
Be non-partisan in politics/political issues
EBA Values
Effective and Ethical Lawyering
Rule of Law
Democracy
Good Governance
Protection of Human Rights
Overall Goals
Promote the interests of its members
Strive for a legal reform to bring about an effective administration of justice in Ethiopia
Work for the Protection of Human Rights
Assist the process of building a democratic society where rule of law prevails
Strengthen relations with similar international and regional associations
Immediate Objectives
Promote the participation of members and activate and animate the various organs of the EBA
Provide legal assistance to needy communities/those who are in need/marginalized or disadvantaged groups
Perform sustained activities to create public awareness about the Association, law and human rights
Make the necessary preparations for the construction of the future offices of the EBA
NOTE: the EBA has already partnered with the Action Professional Association for People (APAP) and Action Aid Ethiopia in providing free legal clinics/legal services for those in need
Major Programs and Initiatives of the EBA
1) Program 1: Continuing Legal Education (CLE)
CLE is designed to upgrade legal knowledge and skills of lawyers with a view to training members
CLE is also designed to acquaint members with new laws, legislation, legal issues etc.
CLE is built on the foundation that the law and by extension the practice of law is a dynamic, evolving endeavour which requires the constant, dynamic development of the skills and knowledge of legal practitioners
EBA is organizing various seminars and presentations on various issues of import to its membership (i.e. various topics in different areas of the law)
The CLE Program is carried out in cooperation/collaboration with the CBA
Courses are offered based on a needs assessment of members – these courses are offered not only to members of the Bar but to judges, prosecutors, academics, in-house counsel, parliamentarians and police officers
The EBA also participates in programs run and conducted by other governmental and non-governmental organizations – therefore, the EBA (when called to do so) presents papers and presentations on different legal issues in workshops and seminars organized by these groups.
2) Program 2: Law Reform and Advocacy
This program is aimed at proposing amendments to existing laws or new laws/legal frameworks in order to contribute to a) the development of laws and b) to the efficient administration of justice in Ethiopia
Public Education Component to this program involves the creation of an overall awareness in the general public on issues relating to human rights and law through the development of various publications
EBA is also organizing various workshops on constitutional topics for lawyers, judges and parliamentarians to get them acquainted with the Ethiopian Constitution
EBA has been involved in deliberations surrounding various draft bills/proposed pieces of legislation/revisions to legislation (i.e. the new criminal code, evidence law, procedure law, and anti-corruption law):
The Civil Procedure Code, the Criminal Code, the Commercial Code, The Family Code, the Anti-Corruption Proclamation, the Labor Law, The Trade Practice Law, and the Election Law
EBA is a standing member of the committee for judicial reform under the Court Administration Reform Program (CARP)
Publications: Temugach – a bimonthly newsletter aimed at communicating the EBA’s views on certain issues/laws and to communicate about the EBA’s activities
Ethiopian Bar Review – a bi-yearly journal – supported by Initiative Africa (SIDA/IA) – scholarly publications from judges, academics, lawyers, more in-depth pieces, contains selected court decisions and well researched articles on different chosen topics by the Editorial Board. (Editor: Johannes)
3) Program 3: Legal Aid Services
Given the high rate of poverty in Ethiopia – provision of legal aid service to the economically and socially underprivileged is a high priority
Make justice systems accessible to all is the motto of this program at the EBA
The EBA, in cooperation with Action Professional Association for People (APAP) and Action Aid Ethiopia is providing free legal service through its two centers
It also provides legal service for disabled people through this partnership and its work with Handicap International
Through its two legal aid centers, the EBA, in partnership with APAP and Action Aid Ethiopia, has assisted in the provision of free legal service to close to 1,000 people
These services include oral and written advice and appearing in court to defend the interests of those concerned (as and when necessary)
Partners and Funding Providers
Members
Initiative Africa (SIDA/IA)
Action Aid Ethiopia
APAP
Canadian Bar Association
Handicap International (HI)
The EBA is a member of the following groups:
International Bar Association
Pan-African Lawyers Union (PALU) (Founding Member)
Organizational Structure of the EBA
The EBA is governed and managed by the following bodies:
1) The General Assembly;
2) The Executive Committee;
3) Controllers;
4) The Secretariat;
5) Standing Committees; and
6) External Auditors.
General Assembly
Highest organ of the EBA
Meets once per year
Power to approve and modify the strategic plan, annual plan, and budget of the Bar
Elects officers of the Bar
Appoints external auditors
Decides on membership contributions
Gives General Advice on Policy Issues
Executive Committee
Under the General Assembly
Composed of 12 members: president, vice-president, the secretary general, the finance officer and eight executive members
Duties of the EC include preparing the strategic plan, action plan and budget of the Bar, administering the property of the Bar, appointing members to the different standing committees, appointing ad hoc committees as and when required and supervising the work of the different committees
(EBA statute says the EC should meet once/month – right now it is meeting once per week)
Controllers
Duty of management and financial auditing of the activities of the Bar
Empowered to monitor implementation of the approved plans of the EBA
Monitor the different organs of the EBA to ensure they are properly discharging their duties
Monitor the custody and use of the property of the Bar and to monitor the proper utilization of funds allocated to EBA activities
Secretariat
Executive Director of the EBA heads the Secretariat
The ED runs the day to day operations/activities of the EBA, assures that the financial administration of the Bar complies with a set of accounting principles, prepares work programs and implements these programs when approved, supervises the staff of the Bar, takes and keeps minutes of the Executive Committee and generally follows up the implementation of the plans and programs of the Bar
Standing Committees
The EBA Constitution establishes the following standing committees:
1) Legal and Human Rights Committee;
2) Continuing Legal Education Committee;
3) Public and International Committee;
4) Legal Aid Committee;
5) Members Affairs and Discipline Committee; and
6) Publications Committee.
A member of the EC heads each committee. Each Committee is supposed to have between 7 and 9 members and the duties / responsibilities of each committee are articulated in the EBA Constitution/Statute.
