The Bar Human Rights Committee of England and Wales (BHRC) stands in solidarity with Advocate Boniface Mwabukusi, President of the Tanganyika Law Society (TLS), and with members of the Tanzanian legal profession facing increasing challenges to the independence of their profession.
BHRC supports the recently issued joint solidarity statement by a NGO partners concerning disciplinary proceedings seeking the permanent removal of Advocate Mwabukusi from the Roll of Advocates. Although BHRC is not a signatory to that statement, we support its central concerns regarding the protection of lawyers, the independence of bar associations, and the importance of safeguarding the rule of law.
The proceedings against Advocate Mwabukusi raise significant concerns about the ability of lawyers and elected leaders of professional legal associations to comment on matters of public interest, including issues relating to human rights, judicial independence and the administration of justice, without fear of professional reprisals.
The independence of the legal profession is a cornerstone of a functioning justice system. Lawyers must be able to carry out their professional duties and participate in public discourse on legal and constitutional issues free from intimidation, harassment or improper interference.
BHRC therefore supports the calls made by the statement’s signatories for:
- Respect for the independence of lawyers and professional legal associations;
- Fair, independent and impartial disciplinary processes;
- Protection of lawyers from reprisals arising from legitimate professional activities or public-interest advocacy;
- Respect for ongoing constitutional proceedings relating to the disciplinary framework; and
- Reforms that strengthen compliance with international standards concerning the independence of the legal profession.
BHRC reiterates that robust and independent legal professions are essential to the protection of human rights, access to justice and the rule of law. We will continue to monitor developments closely and express our solidarity with Advocate Mwabukusi and all lawyers working to uphold these fundamental principles.
