Expert and Trainer on Trial Advocacy and Litigation 58 views0 applications

Professionalize African Union staff for Rule of Law Initiatives

Activity: AUC Training in Trial Advocacy and Litigation Skills

Background

On the 28th of September 2017, the Government of the United States of America and the African Union Commission signed a Letter of Agreement (LOA) on Rule of Law and Criminal Justice Assistance. The agreement provided for, inter alia, training, mentorship, capacity building and material support to the AUC staff to develop their skills and to promote good governance and successfully implement rule of law projects. In September 2018, the American Bar Association Rule of Law Initiative was contracted by the United States Government to implement the program with the African Union.

Project Goal: To strengthen AUC staff’s capacity to advise on issues of governance, transnational crime, and peace and security, to propose effective approaches to advancing these AU priorities, and to successfully oversee and implement mechanisms addressing these issues.

Project Objectives:

1) AUC staff possess increased knowledge and skills for handling matters related to governance, rule of law, criminal justice, transnational crime, and other legal and rule of law topics requested by AUC officials; 2) AUC staff and offices have enhanced capabilities to develop and manage implementing mechanisms related to the topics identified in #1; 3) AUC staff possess improved skills to measure and analyze the effectiveness of mechanisms implemented to promote rule of law, good governance, an improved law enforcement and judiciary, and human rights;

4) AUC staff have a strong knowledge of open source resources to facilitate their work.

Project approach:

ABA ROLI will in consultation with the AUC draw on a mix of internal experts and its global network of members and contacts to identify qualified individuals to develop curricula for training programs, administer the trainings, and develop reference materials on the topics prioritized by the AUC. ABA ROLI will develop additional trainings and reference materials over the course of the program in response to emerging issues facing the AUC. The project also offers AUC staff the opportunity to participate in a tailored mentorship program in which AUC staff will propose change plans that will serve as the basis for the mentorship. Professionalize African Union staff for Rule of Law Initiatives. Funded by the Government of the United States of America, Bureau of International Narcotics and Law enforcement affairs, implemented by ABA ROLI)

The Training in Trial Advocacy and Litigation Skills

The Administrative Tribunal of the African Union is an independent body tasked with the administration of the African Union’s internal justice system as adopted during the Seventh Ordinary Session of the Council of Ministers of the Organization of African Unity in November 1966 (CM/99). The Tribunal’s primary mission is to adjudicate staff grievances by fairly, expeditiously and uniformly interpreting the Staff Regulation and Rules and other laws of the African Union. The Administrative Tribunal’s jurisdiction is organization-wide to include the African Union Commission, organs, specialized agencies, missions and representational offices located throughout Africa and elsewhere. The subject matter jurisdiction of the Tribunal is limited to administrative decisions affecting staff members’ terms of employment or alleged violations of the Staff Regulations and Rules as well as requests for review of disciplinary actions. Judges of the Tribunal are nominated by member states and appointed by the Executive Council. The judges are currently assisted by a Secretariat, whose principal objective is to provide legal and administrative services for the expeditious and efficient functioning of the Tribunal.

The current docket volume requires an increase in capabilities to meet the Secretariat’s goal of maintaining expeditious and efficient functioning of the Administrative Tribunal to fulfil its objectives in the AU. The Tribunal’s long inactivity during 2001-2015 caused severe adjudication backlog. However, since being reactivated in 2015, the Tribunal has been making slow but steady progress in reducing its backlog and regaining the trust and confidence of staff members. The strengthening of the Secretariat is critical to making the ongoing revitalization of the Tribunal a sustained process of developing the Tribunal into an independent, professionalized and efficient employment dispute resolution mechanism.

In view of demonstrable increase in staff grievances and expected volume of staff appeals, the Secretariat needs to be strengthened to improve execution capacity and service quality in the area of governance and employment relations within the AU. Specifically, additional capacity support is needed to increase the effectiveness of the Tribunal in the areas of litigation, administrative and employment law, docket and information management capabilities and legal writing and research. The Tribunal requested the ABA’s support in these areas in the form of training programs targeting members and staff of the Tribunal and the African Union staff members (and private practitioners who are able to cover their own costs of attendance).

Scope of work

The project seeks to engage an expert to facilitate the training. The selected expert will design and administer online training for staff of the AUC, and non-staff legal professionals who appear before the tribunal in trial advocacy and litigation skills particularly: interpretation of statute, regulations as well terms of employment agreements, filing timelines and formal requirements of filing, presentation of Professionalize African Union staff for Rule of Law Initiatives. Funded by the Government of the United States of America, Bureau of International Narcotics and Law enforcement affairs, implemented by ABA ROLI) arguments, developing factual narrative, packaging an application and supporting evidence, presentation of evidence, oral argument, drafting motions, interacting with judges and court room etiquette, and related litigation skills and techniques.

The specific deliverables include the following:

1. Develop curriculum and course content for an online knowledge and skills training of AU staff in trial advocacy and litigation skills
2. Conduct knowledge and skills online trainings for AU staff to strengthen their capacity in trial advocacy and litigation
3. Develop reference and guidance materials, manuals and forms for AU staff to consult and learn about additional sources of information that can facilitate their work.
4. To provide mentorship to staff of the AU in trial advocacy and litigation skills

The trainings should incorporate practical application of skills that are directly relevant to the AU operations. They will be designed to suit a mixed audience including youth and older participants as well as more knowledgeable and less experienced staff.

The expert will be expected to research and incorporate both international and context specific examples in the training.

Due to COVID-related travel restrictions the training course will be offered online. Modalities for instruction and interaction with participants will be determined with AU training unit and the selected expert. The expert will be expected to research and incorporate both international and context specific examples in the training.

Experience required: Expert in trial advocacy and litigation skills training 1. The expert will be a qualified legal practitioner with over 10 years’ experience in curriculum development and training in trial advocacy and litigation skills.

1. The expert will also have practical trial advocacy experience and litigation. The expert will also have experience in working with administrative tribunals.
2. S/he will have a familiarity with international organizations, such as the African Union and its mandate.

Proposed activity dates and location:

Online training TBD

Expression of interest:

Please submit the following to Danielle Schmitz at [email protected] by 5:00 pm Friday, June 5th:

1. Motivation letter
2. Curriculum vitae