POSITIONING THE EAST AFRICAN COURT OF JUSTICE AS A FORUM FOR PROMOTING GOOD GOVERNANCE, RULE OF LAW AND PROTECTING CIVIC
1.1. THE EAST AFRICAN COMMUNITY
The East African Community aims at achieving a sustainable and equitable economic, social and political integration. The EAC derives her mandate and agenda from the Treaty for the establishment of the East African Community signed on 30th November 1999 and entered into force on 7th July 2000. It is a strong commitment for regional cooperation and a clear roadmap for a stepwise regional integration and peaceful economic, social and political development in the future.
The broad goal of the EAC is to widen and deepen cooperation among Partner States in economic, social and political fields, in the areas of region’s richness and diversity of its culture; in the developments of research and technology; in defence and security; and in legal and judicial affairs for their mutual benefits. The Vision of the EAC is to create wealth in the region, and enhance competitiveness through increased and efficient production leading to enhanced trade and investment in the region. The emphasis, therefore, continues to be placed on building a viable, production capacity to compete effectively globally and thus contribute to accelerated development of the region. In order to reach this goal, the road map began with the establishment of a Customs Union as the first building block for the eventual culmination of a full-fledged East African Federation. To ensure coherence and coordination of activities aimed at pursuing the Vision of having a competitive, secure, prosperous, and politically united East Africa, EAC has adopted a development strategy approach that will facilitate the implementation of cooperation in a systematic manner.
To implement the regional integration, therefore, the EAC adopted as the first steps of the road map, her fist Development Strategy, 1997-2000, whose main thrust was to re-launch the new EAC, culminating in the signing of the EAC in 1999. The second Development Strategy (2001-2005) provided the basis for cementing the integration of the EAC through the establishment and operationalization of the EAC Customs Union. The EAC Partner States (PS) accordingly concluded the Protocol on the Customs Union in December 2004 and the implementation thereof commenced in January 2005.
The institutional capacity needs of EAC organs and institutions are addressed in terms of: strengthened capacity and enhanced mandate and empowerment of the EAC Secretariat; strengthened capacity and enhanced mandate of EALA; realization of effective operations of EACJ, LVBC and LVFO; making EADB a lead financial institutions in East Africa for both public and private development finance; and developing the IUCEA into an all-embracing Research and Human Resource Development Institution for East Africa.
1.2. THE EAST AFRICAN COURT OF JUSTICE
The East African Court of Justice (EACJ) is the judicial arm of the Community established under Article 9 of the Treaty for the Establishment of the East African Community. Under Article 23 of the Treaty the Court is vested with the judicial functions in the application and interpretation of the Treaty. Article 6 of the Treaty provides for fundamental principles of the Treaty that shall be undertaken by the Partner States to attain the objectives of the Treaty some of which are adherence to the principles of good governance, democracy, the rule of law, social justice and principles of human rights as enshrined in, among others, the African Charter on Human and Peoples’ Rights. The Court therefore plays an important role in civic space as part of the maintenance of good governance and the rule of law that are the bedrock of the regional integration.
Since its inception in 2006, the EACJ has demonstrated a courageous understanding of its place in promoting civic space, rule of law and good governance and thus fostering its core goal of regional integration. Firstly, the EACJ has construed its jurisdiction broadly in terms of the scope of the subject-matter of regional integration. The lack of a specific human rights jurisdiction has not disempowered the Court in addressing allegations of infringements of the Treaty as rule of law, democracy and good governance issues—as evidenced in liberty and fair trial rights (James Katabazi & 21 Others v Secretary General of the East African Community & Another, EACJ Reference No 1/2007); right to freedom of movement (of the East African citizens) (Samuel Mukira Mohochi v Attorney General of Uganda, EACJ Reference No 5/2011); or environmental rights in relation to a high way in the Serengeti (Attorney General of Tanzania v African Network for Animal Welfare, EACJ Appeal No 3/2011). More specific to civic space, the EACJ has considered and upheld freedom of expression as a cornerstone of the rule of law, democracy and good governance (Burundi Journalists Union v Attorney General of Burundi, EACJ Reference No 7/2013; Media Council of Tanzania & 2 Others v Attorney General of the United Republic of Tanzania, EACJ Reference No 2/2017)—in these decisions, the EACJ addressed repressive media laws and restrictions placed on journalists in Burundi and Tanzania.
Secondly, the EACJ has defined Community law in a broad sense as including the Treaty as well as the Protocols, Acts, directives, etc. Additionally, it has upheld the basic idea of the direct effect of the EAC Community law in the domestic laws of Partner States. This has implications for citizens and residents of the EAC invoking the Community law in relation to restrictions on civic space before national courts of the six (6) Partner States. Additionally, the EACJ has explained the duty of national courts to refer to it questions on interpretation of the Treaty (Attorney General of the United Republic of Tanzania v Anthony Calist Komu, EACJ Appeal No 2/2015), with the effect that citizens faced with a legal and regulatory framework militating against rule of law and governance issues can refer matters that are before national courts to the EACJ for authoritative interpretation.
This proactiveness and innovativeness of the EACJ, in the rule of law and good governance spectrum, has made it the busiest regional court in Africa. Further, the relevance of the Court, in an era of shrinking civic and democratic space in national jurisdictions, underscores the need to further build the capacity of the Court and the Bar in East Africa to act as effective bulwarks for the promotion and protection of civic space in East Africa using the EACJ mechanisms.
The primary beneficiaries of this project are the Bar and Bench in East Africa. The key project interventions will enhance the ability of the Bar and Bench to enforce and push back on the dwindling space of civic rights by promoting the enforcement of the principles on good governance, democracy, and rule of law through the EACJ. The positive impacts of an empowered Bar and Bench is that it will nurture in many stakeholders—who are affected by issues surrounding good governance and the rule of law—the confidence to utilize the EACJ mechanism.
TERMS OF REFERENCE
2.0 OBJECTIVES OF THE ASSIGNMENT
2.1 Overall objective
The Overall objective of this assignment is to Improve protection and promotion of the civic spaces and the rule of law through trainings to build the capacity of members of the Bench and Bar in East Africa.
2.2 Specific Objectives
3.0 SCOPE OF WORK
To achieve the objectives of the Assignment, the Consultant will be required to carry out the following activities:
Activity 1 – Development of Strategy Paper
Development of A Strategy for Positioning East African Court of Justice as a Forum for Promoting Good Governance, Rule of Law and Protecting Civic Spaces
Activity 2 – Preparation of Training Materials
Design, develop and publish training modules and materials for the EACJ and the Partner States’ Bar associations and national Judiciaries on the following:
Activity 3 – Actual Delivery of Training
Delivery of Actual Training based on the Training Materials Developed under Activity 2 above. The trainings will typically last 3-5 days. In consultations with the EACJ on the numbers sessions to be conducted, deliver separate trainings and workshops to the following:
4.0 OUTPUTS/EXPECTED DELIVERABLES
The following deliverables are expected from the assignment:
5.0 PROFILE AND SKILL-SETS OF THE CONSULTANT REQUIRED
This assignment will be carried out by a firm of consultants with relevant academic qualifications and organizational experience in the subject areas of good governance, rule of law, human rights, international trade, trade negotiations, dispute settlement and law enforcement in East Africa. Specific experience of the presented technical experts in the subject areas at the minimum level of Master’s Degree is mandatory. Experience in implementing block contracts including professional and logistical support will be an added advantage. The firm of consultants and the experts must have at least 7 – 10 years of professional experience in the subject areas of their expertise. In addition, the consultant must possess:
This Consultancy will be coordinated between CEPIL and the East African Court of Justice. The Registrar of the Court will be the operational interface between the consultants and CEPIL.
The assignment is expected to take a period of twelve (12) months. The assignment is therefore expected to commence in August 2020 and be completed by September 2021.
8. SUBMISSION DEADLINE
The technical and financial proposal shall be submitted to email@example.com by 5pm Friday 31st July 2020 East African time with “EACJ – CEPIL Proposal of [NAME OF YOUR ORGANIZATION]” mentioned in the subject. Applicants requesting any clarification on submission of the required documentation shall communicate those in writing to firstname.lastname@example.org not later than 5pm Monday 6th July 2020 East African time.