Roundtable Schedule – Panels, Discussions, and Speeches
The roundtable event opened with welcoming remarks from Me. John Bosco Bugingo, President of Rwanda Bridges to Justice, and Karen Tse, CEO of IBJ. Dr. Žygimantas Juška, Economic Attaché at the European Union (EU) Delegation, followed with a speech highlighting the EU’s steadfast commitment to promoting human rights and justice in Rwanda. An address was given by Mrs. Umurungi Providence, Chairperson of the National Commission for Human Rights (NCHR), who commended the strong collaboration between NCHR and RBJ in advancing human rights initiatives.
The event featured two panel discussions, each tackling critical issues within Rwanda’s justice system. The first panel, moderated by Me. Nkundabarashi Moise, President of the Rwanda Bar Association, focused on the achievements of the Universal Periodic Review (UPR) and the future direction of the Advancing Human Rights in Rwanda project. Panelists voiced concerns over the current lack of legal assistance available, particularly for vulnerable populations and youth, and discussed how coordinating efforts across organizations can address this gap. A senior prosecutor and an Inspector General of National Prosecution Authority, Mr. Ntete Jules Marius from the audience promoted the use of alternative dispute resolution methods to reduce case backlogs.
The second panel spotlighted UPR Advocacy Champions, featuring organizations like Citizen Rights and Development, Empower Rwanda, Stand for People Sustainable Development, and the Rwanda Organisation of Persons with Deaf Blindness. These groups shared their experiences and strategies in promoting human rights under the UPR framework.
The event concluded with closing remarks from RBJ Program Manager and IBJ International Program Director, Mr. Sanjeewa Liyanage, who expressed gratitude to the participants for their open-minded discussions. He highlighted the mutual respect and trust that have become the foundation of collaboration within Rwanda’s legal community and the need to work collaboratively and constructively to sustain system change in advancing access to justice.

Notable Successes of Previous Roundtables
Our four previous roundtable events have yielded significant and tangible results, demonstrating the power of collaborative dialogue in driving policy change. At our inaugural roundtable, three recommendations that emerged from the discussions, among many others, were swiftly adopted by policymakers.
The first recommendation was the incorporation of progressive alternatives to detention into Rwanda’s criminal justice framework. Responding to community demands for options such as probation, rehabilitation, and treatment, the Ministry of Justice introduced Article 3.4.7 into the new criminal code. This amendment enshrines the principle of imprisonment as a last resort, reflecting a more humane approach to criminal justice.
In another vital development, the roundtable recommended the need for better training for correctional officers in addressing trauma and mental health issues among detainees. As a result, the Rwanda Correctional Service (RCS) initiated courses on human rights and mental health for its staff, ensuring that correctional officers are better equipped to manage these issues.
Finally, in response to our recommendation for increased access to early legal services–part of IBJ’s core mission—Rwanda Investigation Bureau (RIB) collaborated with law firms and civil society organizations, resulting in 72% of all handled cases receiving early assistance by a defense lawyer.

Role of Roundtables
The roundtables are a key facet of the Advancing Human Rights in Rwanda project, spearheaded by RBJ. In its opening two years, the initiative has already conducted six training sessions, provided legal assistance and representation to 836 detainees, and offered psychosocial support to 870 inmates. During their presentation, Willis Odhiambo Okul and Vincent Tengeye Makokha noted the remarkable progress the project has made in empowering civil society leaders, human rights defenders, and service providers, enhancing the capacity of justice stakeholders across the board.
Furthermore, roundtables serve as a point of discussion for how to implement the United Nations’ (UN) Universal Periodic Review (UPR) recommendations. The UPR process, a comprehensive review of the human rights record of all UN member states, offers a detailed framework for improving human rights in Rwanda. However, as Mr. William Ndengeyingoma from the Ministry of Justice highlighted during his speech, the recommendations are often highly technical and require careful interpretation and a coordinated effort for effective implementation.
The roundtable format provides a collaborative environment where justice community members can strategize on how to best align Rwanda’s justice practices with these global standards. Additionally, it gave the opportunity to spotlight the trailblazing work of UPR Advocacy Champions, individuals who  have worked tirelessly to set the groundwork for UPR implementation in their communities. For example, the organization Empower Rwanda emphasized their work in combating gender-based violence and promoting gender equality through local awareness campaigns.
These discussions play a crucial role in bridging the gaps between various stakeholders in the justice sector. By facilitating a platform for dialogue, participants gain insights into the challenges and perspectives unique to each segment of the system. This exchange not only enhances mutual understanding but also ensures that innovative ideas for justice reform are heard and realized.

A total of eight recommendations were drafted during the roundtable event, including the necessity to simplify legal proceedings, particularly criminal proceedings and speeding up the final rulings, a general amnesty for minor offenses and mitigated sentences for major offenses during the pandemic, and that courts refer more cases to pro-bono lawyers through using technology such as online meeting platforms and file sharing spaces.  

During the roundtable, the discussion also outlined the measures taken by the SIG and local councils in north-west Syria together with other NGOs and volunteer groups, to prevent the spread of COVID-19. It was discussed how a truly collaborative effort has been seen in north-west Syria, from the Syrian Civil Defense (commonly known as the White Helmets) disinfecting courtrooms, to the Ministry of Justice and IBJ forming a taskforce to keep police stations and prisons in check to prevent human rights violations during the pandemic.

IBJ Syria has been a key influencer of these efforts and has launched a number of initiatives to protect the rights of the accused. As reports began to emerge of cases of COVID-19 throughout the country, IBJ drafted guidelines on how to best uphold the rights of the accused during a pandemic and sent them to the relevant authorities. In parallel, IBJ began convening with judges and the prosecution to discuss avenues to release as many prisoners as possible, particularly from overcrowded prisons.

Going above and beyond their call of duty, IBJ lawyers also launched an initiative in collaboration with the faculties of medicine and pharmacy of Aleppo University to send field teams to Internally Displaced Persons (IDP) camps, with the intent of educating the camp population on hygiene, social distancing, and self-isolation measures for the prevention and control of COVID-19.

IBJ Syria continues to work closely with the SIG, local councils, Bar Associations, and other NGO’s in response to the COVID-19 pandemic.

The event was an important milestone for IBJ Cambodia’s Program “Ensuring the Right to Legal Representation in Cambodia,” an undertaking sponsored by the United Nations Democracy Fund, which began in January 2019 and will continue through December 2020.

“Finding ways to provide access to justice to poor and vulnerable people”

During the one-day session led by CBJ’s Country Director Mr. Ouk Vandeth, the Municipal Court Prosecutor of Kandal Province, officials from the Ministry of Justice and local police officers discussed methods for providing poor and vulnerable people access to justice. The group discussed the importance of proper identification and treatment of minors, the need to improve lawyers’ access to defendants held in jails and prisons, and the requirement of obtaining sufficient evidence prior to arrest. Participants clarified how they can work together in relation to each topic.

The prosecutor spoke highly of the event, describing it as a “valuable opportunity for prosecutors, officers from the Ministry of Justice, and police officers to get together to discuss ways [to] prevent minors from [suffering] illegal treatment and [improper] identification, and allow lawyers to meet […] defendants in prison.”

Officers listen in as Mr. Ouk Vandeth introduces the discussion topics to the stakeholders.

The police officers agreed with the prosecutor’s request for lawyers to have access to clients in the prison (or police stations) beginning 24 hours after intake, so that accusations of illegal interrogation procedures will be known to the lawyer prior to the trial. Police officers also agreed to advise the accused of their rights while in custody (Article 43 of the Code of Criminal Procedure).

Moreover, IBJ Cambodia’s Technology Manager Phou Pheakdey introduced the new iConnectJustice app and hotline to the prosecutor and police officers. The app and hotline will allow individuals accused of crimes as well as their families to contact available pro-bono lawyers including IBJ lawyers for representation. All parties commended the app and hotline, and gave suggestions on how to advertise and simplify the iConnectJustice program for use by people in provincial areas.

Mr. Phou Pheakdey introduces the iConnectJustice application and hotline to the justice stakeholders.

IBJ’s work in Cambodia

Cambodians continue to confront challenges as the country rebuilds its judicial system two decades following the end its internal conflict. Numerous obstacles to justice exist, and the accused are regularly deprived of due process rights. Bureaucratic challenges together with a shortage of lawyers — especially in the provinces — has constrained early access to a lawyer by the accused. IBJ aims to amplify people’s legal rights and prevent violations of due process through providing early access to lawyers in over ten provinces. As a part of this mission, IBJ trains defense lawyers via live and online training sessions. IBJ also promotes rights awareness by organizing street law campaigns, radio talk shows, and other public events. Finally, IBJ hosts roundtables such as this one to help create a collaborative platform among justice stakeholders to seek solutions to problems affecting effective and efficient access to justice to vulnerable populations.

IBJ’s newest initiative in Cambodia involves the development of accessibility tools such as the iConnectJustice app, a legal hotline, and an automated Facebook bot system. These tools will not only help individuals to have greater access to lawyers, but will also help lawyers to access legal information and manage their caseloads. Furthermore, IBJ will be able to track legal needs across Cambodia using data obtained through the tools.

Contact details and further information

If you have any questions about IBJ’s country program in Cambodia, please contact:

Sanjeewa Liyanage                                        or                     Ouk Vandeth

International Program Director, IBJ                                        Country Director, CBJ

Phone: +41(0) 22 731 24 41                                                  Phone: +855 70 857 529

Email: sliyanage@ibj.org                                                        Email: ibj_vandeth@online.com.kh

To follow IBJ’s project in Cambodia, connect with IBJ on Facebook.

Astere Muyango, IBJ Burundi Country Fellow

The topic of legal guarantees for detained persons is highly relevant in Burundi. There are several articles in the Code of Criminal Procedure that offer legal guarantees to accused persons. Basic and essential rights such as the right to know the reason for an arrest at the time of arrest and the right to have legal assistance at all stages of the criminal process are mandated by law. Unfortunately, accused people’s rights are rarely honored in practice. As roundtable participants discussed, this is due to a lack of lawyers to defend the rights of the accused, as well as a lack of awareness of these rights among the criminal justice actors who are responsible for carrying out these laws on a daily basis, such as police.

IBJ Legal Fellow Maître Janvier Ncamatwi stated that a standard of law only becomes effective when it is legal and legitimate. He also added that the effectiveness of legal guarantees of charged persons can only come from the actors who are dealing with these matters on a day-to-day basis. That is why it is so important to have the different kinds of stakeholders in the justice system come together to discuss these matters and get new ideas and refreshed energy to work for change. Indeed, productive discussions ensued. The president of the Gitega Bar Association, Rafhael Gahungu, urged that detainees should be treated with humanity. He stressed that everyone should be able to agree that it is preferable that an accused persons be discharged rather than detained; in other words, the notion of a presumption of innocence should guide the treatment of an accused before anything has been proven.

Although there still is need for many improvements in the Burundian justice system, what is uplifting is that the participants were engaged in working for a better tomorrow. The strategies for change they presented were, among other, sensitizing all different actors involved in the juridical processes, informing citizens about legal principles, and maintaining police officers’ awareness through training sessions. The group discussed the fact that, at times, prosecutors want accused persons to be held in jail with the argument being that this is necessary to ensure their security. One prison officer showed his discontent with this practice by saying that the prison is not like an embassy, meaning that detaining someone in prison is no way to secure a person from harm.

Participants in discussion on commitments

At the end of the program, participants were encouraged to commit themselves to making concrete changes, to take responsibility for achieving the progress they all could agree was needed. They committed to, among other things, being more persistent in their opposition to interference by authorities within the judiciary, processing cases without delay, and informing prisoners on their rights and duties. During the event, the participants confirmed that the roundtable process was very productive, as they suggested similar happenings be held for professionals not only in the justice system but also other sectors of Burundian society. Participants left the roundtable better equipped and more motivated than before to devote themselves to working towards a brighter future for accused persons in Burundi.

After explaining the major changes and the added value of the new criminal procedure code, the roundtable discussion brought forward some important issues that the criminal defense system in Burundi faces. These included the problem and consequences of incrimination of prosecutors who are accused of illegal detention, the new responsibility of police officers to inform family members of detainees’ whereabouts, and punishment for juvenile offenders. One magistrate explained after the meeting: “The theme of the roundtable discussion was very relevant for legal practitioners because it will help us clarify points that had remained unclear in the criminal process up to this day.” Prison officials learned that the new bill will allow them to release prisoners whose detention warrants are not valid anymore.

Outcomes and recommendations that arose from the discussions were very positive. First of all, increasing awareness of the new code among all actors of the criminal justice system was emphasized as a priority. Public and justice officials advised IBJ to organize these types of activities in all provinces across Burundi. Also, justice officials agreed that magistrates who committed illegal acts, such as torture and illegal detention, should be prosecuted. Furthermore, the need to separate the work of investigating and accusing arrested individuals was pointed out, so that the same prosecutor is not in charge of both investigating a crime and charging and discharging detainees. Lastly, it was agreed that there should be legal provisions to implement and enforce all the new principles of the criminal procedure code.

The meeting had some promising outcomes. Participants saw the need for increased collaboration between the different institutions. A representative from the prison authorities assured that they will work more closely with prosecutors and the high court of Rutana. Referring to the widespread issue of prolonged pre-trial detention, a police officer indicated: “We commit to work better with the prosecution’s office and the court so that the delays are increasingly respected.” Acknowledging the lack of access to legal counsel in this remote province, lawyers committed to providing pro bono legal assistance to detainees in Rutana Province.

At the end of the forum discussion, all participants indicated that the discussions made them reflect upon their work and will influence their day-to-day practice. 94% of them claimed that the discussions made them change their perception of the difficulties encountered by the other actors and their role in the criminal justice process.

Enthusiastic about the discussions, participants pledged to repeat the roundtable discussion across the country, especially members of the Parliament. IBJ’s efforts were acknowledged when one of the participants noted: “I would like to thank IBJ for its noble work, which contributes to the promotion of basic legal rights and legal assistance provided to vulnerable people. I wish IBJ to organize activities across all of the country’s provinces.” It appears that most participants agreed, as they all mentioned they would recommend the roundtable to colleagues and peers. The prison authorities of Rutana have since contacted the Bujumbura DRC to request help with legal assistance for vulnerable detainees. One of the members of Parliament has recommended that IBJ set up a pilot legal aid center in Rutana. Rutana is a “neglected” province where no other NGOs work in the field of criminal defense. IBJ will make sure to fill the gap by organizing a group of volunteer lawyers who will travel to Rutana to assist the accused who are defenseless and thus help the justice system move forward.

Above: a group photo of the participants of the Rutana Roundtable Discussion (Photo by: Nadege Kwizera)

During the engaging interview, the Fellows commenced by outlining IBJ’s mandate and objectives. They outlined and explained IBJ’s approach, using the three-pillar programming consisting of defender capacity building, criminal justice reform and human rights awareness. The Fellows then outlined the rights available under the Constitution of Zimbabwe to protect people who are believed to have committed criminal offences. These include, among others, the protection against arbitrary arrest; being promptly informed of the reason for an arrest; being allowed to engage a lawyer without delay; being brought before court without undue delay; the entitlement to bail; and the entitlement to a fair trial without delay.

After outlining these rights, the Fellows then outlined the strategies IBJ was to utilize to implement the rights awareness campaign. These included use of dramas and movies, use of the print and electronic media, use of posters and leaflets, use of manuals, use of t-shirts and other regalia, putting up of billboards and doing road shows.

In conclusion, the Fellows emphasized the need for citizens to be made aware of their Constitutional rights. They stressed the importance of rights awareness in its capacity to empower citizens to enable them to exercise their rights. This would, in turn, help ensure that citizens are able to access justice by asserting these rights.

After identifying these areas, the officers then proposed strategies on how to implement the campaign. They agreed that it was important to identify the particular target groups for the campaign to come up with specific strategies for each group. This would entail using clearly focused mechanisms. These mechanisms included use of dramas and movies, use of the print and electronic media to demystify the rights, use of posters and leaflets, use of target group-specific manuals, use of t-shirts and other regalia, putting up of billboards and carrying out of road shows to reach out to all communities. The participants also believed there was need to engage other state institutions, like the police, and have them participate in the campaign as well. It was agreed that this would go a long way in building a culture of respect for human rights.

The participants then came up with specific action plans for the implementation of these strategies. It was agreed that an e-group for all participants be created to ensure that the commitments agreed upon are followed up and implemented. Participants expressed gratitude at the hosting of the discussion by IBJ, with one participant commenting that the “discussion atmosphere was good and enabling.”

The promises have been kept. A month after the commitments taken during the roundtable discussion, 3 lawyers left Burundi’s capital city, led by IBJ Legal Fellow – Herman Ndayishimiye-, on November 24th to head to Gitega’s prison where André Mbayabya, the Prison Director, was waiting for them. Together, they scoured prison records and identified 182 cases of irregular pre-trial detentions. Among this overwhelming figure, 28 cases were identified as requiring immediate atention. The 4 lawyers therefore met with their clients, got familiar with each of their stories and prepared their defense strategy. As agreed with Gitega’s prosecutor and the magistrates who had attended the roundtable discussion, a special court session was conducted the day after to expedite these 28 cases. The result was a resounding success: all 28 detainees were immediately released.

This is a particularly significant result in today’s Burundi: recent prison riots – first in Gitega and then in Mpimba, Bujumbura’s central prison – have thrown the light on the detrimental prison living conditions, which have gotten worse since the peak of 11,000 prisoners nationwide has been reached two months ago. Irregular pre-trial detentions overburden a prison system which is already in shambles. Prisoners are not the only one protesting against the situation: Mpimba’s prison officials have declared that they would not accept any new prisoner in the prison as long as the trial of the many pre-trial detainees is not expedited. The ball is in the court system’s court.

Above: The detainees being escorted by a policeman to the Gitega Tribunal de Grande Instance (Photo by Dieudonné Ndayishimiye)

Above: Volunteer lawyer Diane preparing the defense of a client (Photo by Dieudonné Ndayishimiye)

Above: Volunteer lawyer Zénon preparing the defense of a woman (Photo by Dieudonné Ndayishimiye)

Above: There aren’t sufficient handcuffs within Burundi’s justice system. Detainees are usually handcuffed by pairs. (Photo by Dieudonné Ndayishimiye)

Above: Volunteer lawyer Diane interviewing a client before his court hearing (Photo by Dieudonné Ndayishimiye)

Above: Burundian detainees queuing for justice (Photo by Dieudonné Ndayishimiye)

Above: Inside a women’s cell in Gitega prison (Photo by Nathalie Mohadjer)

Above: Portrait of Gitega Prison Director, André Mbayabaya (Photo by Nathalie Mohadjer)

The day after started at 7am with our pre-ordered breakfast and we then dropped Astère at the venue so as for him to begin preparing for the event. Maître Herman Ndayishimiye, freshly recruited IBJ lawyer, was already waiting for us and replaced Astère in the car to head to the Vice Governor’s office, whom we had met 3 weeks before to express our wish to hold a roundtable and ask him to open the session. Unfortunately, he had forgotten the event and committed himself to open another roundtable. At the last minute, he nevertheless managed to free himself up to respect his initial engagement. In the meantime, the first participants had arrived at the venue, among them 6 lawyers coming from Bujumbura with Dieudonné, who has recently joined IBJ Burundi as a volunteer. After the opening speech of the Vice Governor and Astère’s welcome speech, Herman started animating the debates and introducing the problematic. Following the results reached in Bubanza, the session was once again dedicated to the question of pre-trial detentions. After having seen how pre-trial detentions were averse to the principle of alleged guiltlessness, the participants broke out into groups in order to identify the root causes of this phenomenon. Various ideas were suggested such as the lack of vehicles and fuel to allow judges to visit detainees and speed up procedures, the lack of access to lawyers or even paralegals to inform detainees of their rights. More challenging, some participants highlighted a certain shortage of professional conscience and even political pressures put on magistrates that lead to the justice dysfunction.

During the afternoon, participants were requested to reflect upon concrete solutions to put an end to this predicament. Numerous ideas were put forward, ranging from pleading the nullity of the procedure for lawyers defending long-term pre-trial detainees to making available police escorts to facilitate detainees’ transfers to courts so as to accelerate procedures. The most interesting proposal came along with the lawyers’ group suggesting to renew the operation held in Bubanza consisting in mandating lawyers coming from Bujumbura to visit Gitega prison and to point out illegal detentions. A few days after, a special court hearing could be organized where judges would statute on potential releases. Members of the penitentiary administration turned out enthusiastic and magistrates were not opposed to the proposal. Details have now to be discussed between IBJ and APRODH on how we could effectively support this effort.

After group pictures, participants went back home but the IBJ delegation stayed in Gitega for another last day of rights awareness campaign. Overall, about 1450 people have been educated about their rights in Gitega. We had a very safe night too, surrounded by several machine gun equipped security men, as the President of the Senate was also finding shelter at our guest house, even if he was hardly recognisable the next morning, as he was wearing sport suit and slippers… Our last day in Gitega went on smoothly and was dedicated to post-campaign surveys, aiming at evaluating the efficiency and visibility of our awareness efforts in Burundi. We finally left Gitega Friday at the beginning of the afternoon, after having shared a last lunch with our local partner APRODH representative and the young volunteers who helped us raising the population awareness. The drive back was a bit longer due to abundant rains making the road slippery and a few stops to buy delicious vegetables, while listening to rock music or religious preaches, depending on preferences. Anyhow, at the end of the path, it was a well deserved week-end for everyone.

Above: The banner displayed in downtown Gitega (Photo by Jean-Baptiste Bouzard)

Above: The Senior Counsellor of Gitega Governor opening the roundtable (Photo by Claire Habimana)

Above: Breaking out into groups: lawyers discussing strategies to curb pre-trial detention (Photo by Jean-Baptiste Bouzard)

Above: Senior prison officials putting together ideas to fight prison owercrowding in Gitega (Photo by Claire Habimana)

Above: Police officer exposing the commitments of the police to reduce pre-trial detention (Photo by Claire Habimana)

Above: Participants of the roundtable reflecting upon the challenge of delayed justice (Photo by Jean-Baptiste Bouzard)

On October 15th, lawyers, magistrates, prosecutors, police officers and prison officials joined forces to explore concrete ways in which criminal procedures could be upheld, so as to reduce pre-trial detention. Participants courageously committed to alleviate the situation of Gitega prison: with the support of magistrates and prison officials, a group of lawyers will work at expediting the trials of pregnant women, girls and juveniles, who have been kept on remand beyond the legally-specified time period.

Bujumbura-based Isanganiro radio (which means “meeting point” in Kirundi) sent a journalist to cover the event and later related the news during its daily news program. 3 minutes of the 13-minutes program were dedicated to raise the attention on the country’s alarming prison overpopulation rate, listing the challenges relating to pre-trial detention and reminding of key criminal procedure provisions. The program concluded with highlights of the concrete commitments and plan of action agreed as a result of the roundtable.This coverage brings the light on a fundamental legal right  too few Burundian citizens are aware of.

To listen to the radio program in French, please click here.

(Please note that the part dealing specifically with IBJ  roundtable starts around minute 10).