Media Training Project – Liberia

In April 2008 A4ID supported international efforts to bring justice to the people of Sierra Leone and Liberia following over a decade of civil war in the region. Responding to complaints that the trial of former Liberian President Charles Taylor, who is currently on trial for war crimes in The Hague, is not being adequately reported in the two countries, Afua Hirsch for A4ID and a local Liberian NGO ‘INCEMSADWA’ created a training programme for senior editors from the print, radio and online media. 50 journalists attended the three-day training in the Liberian capital Monrovia, conducted by 10 trainers drawn from the international and Liberian legal, academic and media communities. The three-day programme used a mixture of theoretical and practical exercises to provide the journalists with an intense but thorough training on reporting criminal cases in a fair and balanced way, providing both a prosecution and defence perspective and focusing in particular on the factual and legal issues surrounding the Charles Taylor trial.

Afua Hirsch, A4ID member

	Grameen-Jameel Pan-Arab Microfinance Ltd Presentation in Tunisia Clifford Chance was invited by A4ID on behalf of Grameen-Jameel Pan-Arab Microfinance Ltd to make a presentation in Tunisia on 9 May 2008 to representatives of local micro finance institutions (MFIs) in the Middle East and North Africa. The presentation was offered as an addition to the Sanabel Conference for Arab microfinance practitioners. Our brief was challenging as we were informed that many of the representatives would have little knowledge of the commercial terms of the agreements governing loans to MFIs and that English would not be their first language. Our presentation focused upon the key features of loan agreements and paid particular attention to commercial terms that we thought might not be attractive to the MFIs in the form proposed by their lenders. The theory was then put into practice during a discussion of a mock term sheet. We were pleasantly surprised by the level of interaction offered by the participants during our presentation. Applying the same skills we use in a purely commercial environment, we were able to suggest areas of particular importance that could be negotiated by the MFIs. We are confident that the participants are now less daunted by the prospect of negotiating a loan agreement with a commercial lender and have a better understanding of the importance of understanding the terms they sign up to. We would encourage other lawyers to get involved in projects like this in order to appreciate, and contribute to, the valuable work being done by organisations like Grameen and A4ID to help make a difference in some of the poorest parts of the world. Annabel Johnson, Clifford Chance LLP

Amicus Curiae Seminar

On Thursday 15 May, A4ID and Herbert Smith facilitated an Amicus Seminar entitled "Have Your Say: How Civil Society Can Influence International Investment Arbitration".

The thrust of the seminar was to provide civil society organisations with ideas on how to best effect their goals in the context of international investment arbitration, particular emphasis being placed on dispute settlement undertaken under the ICSID and UNCITRAL rules.

The seminar provided practical guidance from leading civil society figures as well as distinguished members from academia and the legal profession: Dr Federico Ortino (Kings College), Dr Stuart Dutson (Eversheds LLP), Barton Legum (Debevoise & Plimpton LLP,Paris), Howard Mann (International Institute for Sustainable Development), Ignacio Suarez Anzorena (Clifford Chance LLP), and Matthew Weiniger (Herbert Smith LLP).

The information and advice provided ranged from a survey of the major problems facing civil society wishing to submit amicus curiae briefs, pointers in the presentation and content of briefs, debate on the underlying logic and desirability of including amici in the process, and general strategies.

Over the course of the afternoon two general themes emerged as discreet but interrelated objectives in international investment arbitration. Firstly, it might be said that the majority of the panellists agreed that there is a clear necessity to increase the transparency of arbitral proceedings, making documents, submissions, and decisions both available and accessible. Secondly, and more contentiously, some panellists argued that the ability of civil society to participate in proceedings is key to ensuring the maintenance of the public interest.

Tolga Yalkin, Oxford Pro Bono Publico, University of Oxford

Al Yamamah

Al-Yamamah (or "the dove" in Arabic) is the £43bn BAE arms deal, originally signed by Margaret Thatcher in 1985. Following numerous allegations of alleged bribery, and in particular, payments of £1bn to Prince Bandar of the Saudi Royal Family, an investigation was launched by the Serious Fraud Office (SFO) in July 2004. In December 2006, in time with the advice of Tony Blair, the Attorney General (then Lord Goldsmith) ordered the investigation to be discontinued on the grounds of a threat to national security should normal relations with Saudi Arabia be disturbed. At the time, BAE was bidding for a contract to supply Typhoon Eurofighter jets to Saudi Arabia – a transaction worth approximately £20bn, which would create many new jobs in the UK.

Last year the Campaign Against Arms Trade (CAAT), together with The Corner House sought permission from the High Court to bring a judicial review on the grounds that Article 5 of the OECD Anti-Bribery Convention specifically prohibits termination of corruption investigations on grounds other than the merits of the case. Signatory governments specifically undertake not to be influenced "by the potential effect [of an investigation] upon relations with another State". In November 2007, the High Court granted permission for a judicial review of the decision to halt the investigation, to take place in April 2008.

On 10th April 2008 the High Court ruled that the SFO had "acted unlawfully" by discontinuing the investigation into alleged bribery. Lord Justice Moses said that “it is difficult to identify any integrity in the role of the courts to uphold the rule of law, if the courts are to abdicate in response to a threat from a foreign power", adding "we fear for the administration of justice if it can be perverted by a threat". The SFO has been granted permission to appeal against the judgment, and on 22nd April it confirmed that it will.

Although typically linked to issues in the developing world, this decision demonstrates the significant role of NGOs in pursuing good governance and transparency in the developed world. It also clarifies the legal principle that self interest of the investigating state is not a legitimate excuse to cease an investigation into alleged corruption.

Lucinda Capel, Allen & Overy LLP

A4ID Law & International Development Training:

“Investment Property & Development: Implications for Land & Water Rights” 10th May 2008
Presented by Dr Phil Woodhouse, Senior Lecturer, IDPM, Manchester University

The latest training session covered a number of aspects relating to development and the use of land and water. In particular, the seminar touched upon:

• DFID land policy which favours land markets as opposed to traditional chief administered customary common land for grazing. Issues discussed included land markets vs pastoral nomadic way of life and the imposition of western social norms as terms of aid
  
  
• Water Policy and The Dublin Principles which established various conflicting norms regarding entitlement to water and pertinent decision making processes.
  
  
• Global drivers of property rights including global pressure to commoditise national resources, urbanisation and the pursuit of local livelihoods and the asymmetries of legal protection of these rights. It was noted that global investors rights are often protected under international law whereas local land users rights are often not protected under domestic law.
  
  
• Various aspects of the laws of registration of Community Land Rights in Mozambique and Ghana were described and tensions in community land rights were discussed. The exponential growth of investment (7,300% in 7 years) was seen as the stark feature of the privatisation of water services. This was characterised by a North to South movement creating regulatory challenges between international property rights and the human right to water.

This enjoyable session closed after an outline of regulatory frameworks including reference to the “least trade-restrictive option” implementation standard and ISO TC 224: Service activities relating to drinking water supply systems and wastewater systems - Quality criteria of the service and performance indicators.

Simon John, A4ID Member