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Malawi

Capacity Building

Due to the success of the IBAHRI’s capacity building project with the Malawi Law Society (MLS) in 2004, a second Legal Specialist was placed in Malawi in February 2007 for a six-month period supported by the Open Society Initiative of Southern Africa (OSISA).

During the placement, the legal specialist assisted the Law Society in strengthening relations with both domestic and international funding bodies. The legal specialist also helped MLS develop links with other Bars in the region and continued the training and development of the Law Society’s Executive Director.

During the initial six-month period, the first legal specialist undertook a large range of activities, including:

  • strengthening the operations of the secretariat;
  • developing several CLE programmes;
  • helping the MLS to establish a code of conduct for lawyers;
  • establishing a bi-monthly newsletter;
  • developing links with regional and international legal bodies;
  • monitoring and reporting on developments with regard to advocacy.

The capacity building project commenced at the beginning of June 2004, with funding from the Open Society Initiative for Southern Africa. The initial phase of the project involves the placement of a Legal Specialist with the MLS for a period of six months, who will help the MLS improve its ability to represent the profession. The priorities of the project are: to help the MLS strengthen the operations of its secretariat, including the training of staff; to develop a newsletter to improve communication within the profession; to assist the MLS in the review of its governing statute; and to assist the MLS in its efforts to improve the provision of legal aid to the Malawian population.

Fact-finding - May 2002

In May 2002, the IBAHRI, undertook a fact-finding mission to Malawi to assess the functioning of the legal system and its compliance with international and regional standards on the rule of law, in particular human rights standards.  The report highlighted the difficulties that the legal profession faced in Malawi and recommended that the Malawi Law Society (MLS) review its operations and develop its capacity to represent the profession.

A more detailed assessment of the MLS was undertaken in February 2003, and it was recommended that the MLS be provided with international assistance to help it in its attempts to reform and develop its activities. An active and professional law society was considered a crucial component in Malawi’s continuing efforts to improve respect for the rule of law. In March 2003, the MLS at its annual general meeting adopted a strategic plan for the period of 2003 to 2007. The strategic plan recognised the need to improve the operations of the MLS and set out a vision to become an independent, professional and impartial law society that is responsive, effective and active in the safeguarding of the rule of law.

Report on a mission to Malawi by the IBA (August 2002)
Click here for the full report.

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