Emilia Siwingwa
Africa Director at Accountability Counsel
Tanzania
Interview Transcript
Pamela: Hi, my name is Pamela DeNeuve and welcome to Lawyer of the Week. This week, I am so pleased to introduce Emilia Siwingwa. And let me tell you a little bit about Emilia. Emilia Siwingwa is Accountability Counsel Africa Director, responsible for implementing the communities program in Africa. Emilia has more than a decade of experience in advocacy, policy creation, project management, and fostering institutional learning and adaptation. She is very passionate about human rights, good governance, and development in Africa. She has over 10 years experience working at national, regional, and international levels in various policy level management and consulting roles in institutions that work in Africa to bridge the justice gap for marginalized group, pursue state-level accountability for a constitutional rule of law and human rights violations, and strengthen processes and institutions responsible for improving the business environment and regional integration.
Emilia was admitted to the practice of law as an advocate to the High Court of mainland Tanzania and- Tanzania- and as a registered arbitrator with the Tanzania Institute of Arbitration. She’s also a member of the exclusive Africa Group of Experts on International Criminal Justice, a board member of Greenpeace Africa, a member of the American Bar Association Rule of Law Initiative Africa Council, the senior advisor to the ABA Section of International Law Africa Committee, and the ABA sial liaison to East Africa Law Society, and the Law Society of Kenya. She is the founding member of the Coalition for the Effective SADC Tribunal and a former executive committee member for the Coalition for an Effective African Court.
Welcome, Emilia.
Emilia: Thank you so much, Pamela. It’s wonderful to be here.
Pamela: It’s very, very impressive. You’ve been doing a lot of good work.
Emilia: Thank you. It doesn’t feel like a lot…or enough, but I keep waking up each morning and moving forward, trying to make a difference somehow.
Pamela: Well, I’m sure you are. So, let’s start with the Lawyer of the Week questions. If I can ask you: when and what made you just decide to become a human rights lawyer?
Emilia: Well, it really starts with my upbringing. It goes right back to my childhood; the values which were instilled as I was growing up, the events that were going on around me as I was growing up. I mean, some of the maybe key things that were happening around me at the time- for instance, when I was 11, this was when Nelson Mandela was released from prison. When I was about 14, this is when South Africa promulgated its democratic constitution. The same year, I was in the Gambia when the now ousted dictator, Yahya Jammeh, actually entered power through a coup. I was actually in the Gambia at the time, so it was a lot of these governance events that were significant to the African continent, but at the same time these are the news headlines as I was growing up.
And I grew up in a family where our parents came from very humble beginnings and always instilled in us a sense and a desire to make a difference going forward, and they had both worked very hard in their lives – umm, at that time until now- to ensure that all three of us- I have two siblings- got a good education, but were also alive and aware about the issues that were going on around in our lives. And I just think that with time, as I went to school, as I entered tertiary education, I eventually arrived at a decision that law would be the subject that I would- that I would pursue. And after graduating from law school in the US and going back home, I started working in development, and primarily in a program that targeted vulnerable groups- specifically women and children under the ages of five in Tanzania, where I’m from- and discovering that there are ways in which I could use my qualifications to make a difference, and eventually I’m entering into the areas of work that you’ve just described.
Pamela: Well, that’s really interesting, Emilia. Now, can you tell us a little bit- because you were actually there when history was made- can you remember that it- was there a difference before Mandela was released out of prison – you know, could you see a difference in what was going on in your community, or in the news, or something like that? Or what your parents’ conversations- what was there- was there a noticeable difference immediately?
Emilia: It’s interesting that you raised this because at the time, my family was based in Malawi, which is a country in southern Africa- and proximate enough to South Africa- and historically at the time, Malawi was the- probably the only country in Africa that was still voluntarily trading with apartheid South Africa. And interestingly enough, when I was 9- so around 1989- we traveled as a family to South Africa because at that time there was clear agitation for democracy and freedom. It was clear that South Africa very soon would become- would be moving towards a democratic state. And so, we traveled for the first time from Malawi in 1989, we traveled again in 1990, and so we grew up being very aware about apartheid. And Tanzania, for instance, was one of many African countries that helped to harbor South Africans who had, you know, had to escape the country to within this liberation struggle. And so, we were very alive to this fact.
And what I can say- it is a very clear memory- you know, from remembering things like the Graceland concert that was held in Zimbabwe, having conversations around the dinner table around what’s happening in South Africa, being in South Africa with family and feeling the racial tensions, being a black family visiting South Africa at the time. And it really was only- we were only able to travel because my father was working with the United Nations- and so we were able to get a diplomatic pass for the whole family to enter South Africa. And so, we were made “honorary whites” for those- for that period of travel, particularly in 1989- and our parents explaining that to us and us thinking, “Well, why couldn’t we just go in with our passports? Why did we have to get special documents to enter this country?” And having those conversations repeatedly- it’s something that still stands out to me.
And just remembering that when he was eventually released, having those conversations again. And music from people- like now, the unfortunately- the late Hugh Masekela, you know, “Bring Back Nelson Mandela.” These were songs that played loudly and proudly in our- in our household.
Pamela: It sounds like your family was a very close-knit family.
Emilia: We were and we are. I’m very much blessed that both of my parents are still with us, and my siblings are still with us. And we still, as much as we can- and obviously, because as you grow older and people go separate ways, but we still, as much as possible, try and come together in different ways.
Pamela: Wonderful, wonderful, wonderful. It’s good to hear that. So, what have been some of the highlights of your work as a human rights lawyer?
Emilia: Well, you know, it’s hard to pinpoint in these situations because the work in which not only I engage in, but so many others do, it very much can be heart-wrenching because you’re dealing with people you can see and know. It very much can be issues of policies that impact on people who are around you, so you know, it’s very hard to pinpoint one. But I can highlight a few- maybe just two, in the interest of time.
One of the- one of the things that I’m happy to be associated with is what I would say a process toward- toward access- to ensuring access to justice by the promulgation of legal aid policies and legal aid legislation in Tanzania, for instance. So, at the time- I first started engaging in this work- it would have been around the year 2009- and at that particular point in time, the biggest challenge is that- or was that- and I would say, by and large, still is- lawyers are very much situated within urban centers in Tanzania. And so, you find that a lot of rural individuals and communities do not have access to lawyers. And one of the biggest challenges at that particular time- I was working with the Law Society- was to see how we could work with other legal aid institutions to ensure greater access to justice for communities within the rural settings.
The biggest challenge at the time was that lawyers were not willing either to establish firms or to move to rural areas. The preference was to live in the urban centers. And so, one of the, I think, more obvious solutions was to empower people within the communities who could be paralegals. But there had been a huge resistance to paralegals being recognized by law because lawyers felt as if these paralegals would be somehow competing for the same business. And so, it took a concerted effort of different legal aid organizations in Tanzania to come together- one, and start the conversation and then after that, within a larger legal sector, reform programs, start having these conversations with government as well- through the Ministry of Justice and other justice sector ministries- for us to have a proper conversation around: how do we increase justice? How do we enable all Tanzanians means to access justice and not just Tanzanians living in urban centers?
And that conversation moved toward, I can say, institutionalizing a legal aid Secretariat, which now exists. It came from those conversations that began in 2009- a legal aid Secretariat was in place- at that time, housed within the Law Society by 2011, and it’s now an independent entity that is responsible for regulating legal aid services in the country, working with paralegals who are now legally recognized by law as of January of last year. Tanzania now has a legal aid act and this is something that I can say I feel very proud that I contributed towards. There are many other people who worked on this, so I cannot take sole credit for it. But I, for sure, I was at the helm of the organization that was leading these efforts at that particular time, as CEO of the Law Society. That’s one of the main highlights.
Pamela: Wonderful! That’s really wonderful. That was quite a project, I’m sure, with a lot of adversaries and a lot of bureaucracy, and things like that to get justice and ability for the rural Tanzanians to be able to get justice. That’s really great!
Emilia: Yes, it’s- as soon as the law was promulgated last January,there was a little bit of a celebration, even though I’m no long- I was no longer at the Law Society
Secretariat- but knowing that I had been part and parcel of this lengthy process… it was- it was a proud moment.
Pamela: So, you mentioned there was one other example?
Emilia: Yes. So, within a regional context- because you mentioned in your lovely introduction of me that I’ve worked both within national regional, international settings- within a regional context, I’d like to speak a little bit about the work that has been done around trying to resuscitate a SADC tribunal. SADC stands for the
Southern African Development Community. It comprises now 15 countries in southern Africa and it had a tribunal essence, where people could bring various complaints in relation to this regional body including human rights issues. And around 2010, there was agitation against the existence of this body that had been instituted by various governments within southern Africa, mostly because this tribunal had handed down decisions which were not popular with many of the governments in southern Africa. And eventually, this tribunal was, I can say, rendered defunct by the year 2014 because it now removes jurisdiction of individuals and it, in essence, became an interstate court. And once it becomes an interstate court, it more or less means you’ve created a white elephant because, especially in southern Africa, governments are not taking each other to court.
And so, you now had a situation where individuals who had legitimate human rights issues but perhaps had been taken through their national courts, no longer had a regional court where they could take these particular issues. And so, that was a huge concern. And so, in terms of resolution, various human rights activists within the Southern African region- and most of us operating out of South Africa I would say at the time- and at that time I was associated with the SADC Lawyers Association, which is housed within the Law Society of South Africa- which is how I know Nic Swart, or the late Nic Swart, unfortunately, and Jeanne-Mari- but I was- there was through that particular association and getting together with other very strong Human Rights institutions, we then decided to create what is the coalition for an effective SADC tribunal, which is- the Secretariat of which is now being housed within the southern African litigation center- but that was a pet project of mine.
And I had managed to work closely with colleagues at the time within various institutions and we’ve managed to get that off the ground. It’s something that’s still in existence. We are able to effectively engage at the regional level, both with civil society, but also with policy institutions, including the SADC Secretariat itself on the fringes of its annual meetings, where we can we try and engage with policy makers from time to time and, you know- so, this has looked in different forms including country visits in the past. So, I’m no longer individually working on these issues, now that I’ve moved on into a new role, but it’s still a coalition that exists. It’s still a coalition that is still doing very good work and it’s my hope- although we have not attained that which we’ve set out to do- but it is my hope that one day soon, we will see a resuscitated SADC tribunal where citizens can access it for various forms of complaints, including those that pertain to human rights.
Pamela: Oh, that’s wonderful. Wonderful. Yeah, I’m sure that achieving those goals- and I- you know, you’re telling us about this in a few minutes but these are things that took years and a lot of conversations, and a lot of ups and downs, I’m sure, to finally achieve that. So, it’s really so heartening to hear the work that you’re doing and that you’ve had those successes. So, what made you decide to leave your practice to join the Accountability Council?
Emilia: Well, so after this period of time at the SADC Lawyers Association, I actually ventured into, sort of, sole practice as an individual consultant and I would provide legal and management advice to various forms of clients- international, national within the South African context, national within the Tanzanian context, but also regional. And that work was becoming more and more interesting, more and more engaging. I was being opened up in so many different ways, in terms of just knowledge and in terms of exposure to different lines of work, which I don’t think I ever would have been exposed to, had I remained in some of the lines of work that I’ve already described. But then, as it so often happens when you’re a consultant, you- you hear about things from people who think, you know, “This looks like something you should be doing.”
And so, I received- from two different sources- information about this wonderful organization and its Accountability Council, which was in search of a consultant for Africa at the time. And they, at the time, were thinking about expanding into the African continent, and two different people said to me, “You know, there’s this interesting organization doing very interesting work, which we think you need to look into this.” And so, I did. And eventually, I have been appointed to the Director for Africa- this is a very recent appointment, I was only appointed- on the first of December is when I began working. I was appointed in November of last year. And so, I spent most of November sort of transitioning my consultancies- finalizing them and getting ready to start working with Accountability Council.
I’m actually speaking to you now from San Francisco, where I’ve been since mid-January, and I will be here for four more weeks before I go back and start working officially on the ground. But so- in essence, I’m here onboarding before I go back. But it’s a fascinating organization because it amplifies the voices of communities who probably would never have had the opportunity to be able to have their concerns heard and these are communities that are, by and large, harmed by projects that are financed by international financial institutions. And so, at the time, I just recently concluded- and I’m still finalizing a masters in international trade law- and I thought, “What a wonderful conflation of my human rights background and this work that involves investments in various parts of the globe. And how interesting that would be for me to be able to do this work within an African context!” So, for me, that convinced me that I should be a part of this organization. And it’s just- it’s just the work that we do, the way in which we do it, which is absolutely fascinating. So, I’ve been involved with many civil society organizations that plan projects and implement projects on account of funding that’s available to them.
Accountability Council works very differently. We do not go into a community, unless you’ve been requested by the community to do so, which creates a very different kind of relationship. We view our communities as clients, we view our communities as being the ones who instruct us, we, in turn, give the community the support that is requested of us. So, we are not in the driving seat. We are not in there to tell the communities what to do, what we think are the appropriate remedies. We go in and we listen to the communities. And in turn, we try and help the communities to access accountability mechanisms within these international financial institutions. So, we work with non-judicial processes, we work directly with existing accountability mechanisms within these institutions. So, it was so unique, such a new area of work and I thought, you know, “I hope and believe that I can actually make some kind of a difference and a contribution to this very nuanced and niche area of work.”
Pamela: First of all, Emilia, congratulations on your new position and that you’re really, as you said, still in the process of onboarding on this new opportunity. And it sounds like a whole different structure than what you’re used to working in. It sounds very- sounds very wonderful.
Emilia: It is. So, it’s different, but in a very wonderful way. My colleagues are based in various- we have a San Francisco office and a DC office, where our policy team is based. And then we have different [presence a close to globe] and we are working on different projects across the globe. And so, this is now an opportunity for us
to establish a presence in Africa. And so, part of being in the front line of establishing this new office, in this incredible area of work- although we have actually had a few projects in Africa already as an organization but never really had an office and a presence- and so, being the person who has been appointed to do this work and to later on, continue our community’s work, for me, is a real privilege. I just love this community driven approach. I could not be more at home with this sort of approach because, you know, you sometimes feel as if you’re almost robbing a community if you’re the one who’s bringing the project to them. But this is only if they want us, only if they need our support and they’re the ones in the driving seat, asking us and telling us what to do, and we will advise them according with their instruction.
Pamela: Wonderful, wonderful. Before I ask you the next question, I was just looking here and it says that- it talks about you growing up in a diplomatic family, you were immersed in different cultures all around the world, but you’re most passionate about human rights, good governance, and the development in Africa. And so, the question is: what are some of your key priorities for establishing an Africa office for Accountability Council?
Emilia: That’s a wonderful question and it’s an interesting way that you frame it because as we discussed earlier, a lot of what I’m doing now- you know, I look back to my parents and how they brought us up and always realizing that we need to look back to home. So, although I was trained in the US, I went home after my one-year internship period and I’ve been working from Africa ever since. I have never regretted that and by being in Africa, I- you know, in time- I say in time because, you know, it always evolves but I feel as if I know more and more how I want to contribute back home. And I realize for me, home isn’t just no longer Tanzania, it’s just the continent. So, I desire to be able to contribute somehow through positive change at home.
And what I envisage within this particular role, in addition to working closely with the communities as I’ve described- and, you know- and part of this is enabling these communities to arrive at negotiated agreements, which are not only just agreements, but they’re agreements that can be implemented, where they can actually achieve or attain a desired remedy. But at the same time, they are empowered, even, to help communities that are proximate to them, perhaps. Empowering other civil society organizations to understand that these are- that there are different ways of assisting communities- in addition to maybe the more traditional ways that I talked about
before- but that there are different approaches. Where one approach might fail, there’s- hey, there’s this non-judicial mechanism that might be able to help communities that are in need to attain the remedies that they’re seeking.
So, the second way- so, the first way is you know, working directly with these communities in a very community driven approach. But secondly, empowering other civil society organizations within Africa to expose them to this new area of work that- you know, where they can make positive impact, as well. But thirdly, strengthening these accountability mechanisms, so that these African communities can indeed benefit from them. So, I always speak very much to that because it’s from a policy side- which I’m not very much involved with, being more on the community side- but personally, something else that I’d love to see is the training of young lawyers- just mentoring young lawyers into this new area of work. Many young lawyers- I can speak from the Tanzanian perspective because I’ve also sat on The Law School of Tanzania. It has a board. It’s basically that the institution that trains lawyers into legal practice before they enter practice.
And I know a lot of the young lawyers who are graduating from this institution, they are only looking at corporate practice. They’re only imagining being in these law firms. They don’t even imagine about, as you said, it takes time to arrive at some of these successes in life. But they are imagining that they go straight from graduation to this sort of Hollywood created world, where, you know, they imagine that they become Harvey Specter or somebody, you know, within a year of graduating law school. Whereas, they can actually diversify their areas of practice and still- but only be successful or be able to maintain their own livelihoods- but at the same time, give back to communities. Because, in essence, I believe strongly that development in Africa, by and large, Africans need to be a big part of that process. So, one of the reasons why I am in Africa- have been in Africa and I’m happy to be appointed into a position in Africa is because I believe strongly that I have a role in that process.
Pamela: Yes, yes. I like that because- actually, the name of the organization, Accountability Council. So, it’s really, you know, allowing you to be accountable to each
other and for them to be accountable for themselves and kind of an empowerment. It just is a beautiful, beautiful thing that you’ve joined. It’s just really great.
Emilia: It is. And then the founding- the founding- well, the founder, I should say is [Natalie Bridgeman Field]. She’s the current Executive Director of the organization. And together, with the rest of our colleagues, the vision is so clear. It’s an organization where I feel, very comfortably, that it is, indeed, setting out to do what it says it wants to do. And that is to support communities around the globe to access remedies to these non-judicial mechanisms for harms caused by international financial institutions. It’s exactly what they purport to be and that’s why I’m so comfortable being here, and just so- I feel so privileged to be able to do this.
Pamela: Wonderful. Well, one of the things that, you know, I encourage- you know, with my clients- and I encourage when in my speaking engagements and things like
that- is for peak performance- peak performance for lawyers. So, my question is: what advice do you have for others who are reaching for their goals? You know, reaching out to be their best selves. What kind of advice would you give them?
Emilia: My advice would be: you just have to be persistent. You have to keep going. You know, when you’re younger, you imagine that those people who’ve hit roadblocks somehow embarked on the wrong path, didn’t visualize their success properly enough, weren’t clever enough to foresee some of the challenges that they encountered. But in life, you’re always going to hit a roadblock. It’s not something anyone plans for. These are things that inevitably do happen. And so, my best advice for people is that: to know one, there will be a challenge in life. That is just a part of life. But two, when you do encounter that roadblock or that challenge, when you hit that wall, it’s not the end. Usually there’s another side to that. Or there’s a door. So, never feel as if when you actually get to a roadblock, that there isn’t a door that you can open and go through. So, that’s why I encourage persistence. I encourage finding a good support system.
So, we’ve spoken about my family, for instance. For me, they are a huge support system. And I know that we might talk a little bit about- you know, how- about how to manage stress, but that’s invariably going to happen. And so, one needs to find outlets that are healthy. One always needs to find a way in which you can just keep forging ahead because, as I said, challenges are inevitable in life and you just need to have an attitude where you can, one, be willing to find ways around them. Because they’re not going to fall from the sky, right?
Pamela: Absolutely.
Emilia: Be willing to find ways around them. Where you can think about potential challenges in advance, do so. Do a little planning matrix, come up with a little, you know, a thinking or a planning tree, with different scenarios that are foreseeable. But know that if you do hit a challenge that is unforeseeable, it’s not necessarily of your making. If it is a challenge of your making, then know in life, human beings have choices and just- and just reconcile with the fact that it was a bad choice, but move on. Don’t beat yourself- don’t beat yourself up for it. If you need to mope around a little bit, do it, but don’t do it for too long. Because sometimes a grieving period is necessary. But again, just always going forward, always forging ahead, that would be- it’s the only advice I can give. Because, you know, everything is so unique to every individual. So unique to whatever situation you encounter. But just keep forging ahead, and just have people around you, and be in a situation where it’s positive enough that you’re able to continue moving forward.
Pamela: That’s great. You know- and when you mentioned about the highlights of what you- the work that you’ve done as a human rights lawyer, we could- there were like years these- these years. So, I’m sure there were, like, ups and downs. And, you know, you just- disappointments. And, you know- the little- get a little headway. Two steps forward, one step back. But obviously, you exemplify this: is that you kept forging ahead to the completion and the success. And so, that’s such a wonderful example of what you’re saying for lawyers out there who do want to achieve their goals.
So, let me just ask. Our final question is: name one thing that you do to manage your stress levels? And you kind of alluded to that a little earlier.
Emilia: Yes. So, for me, having an important support system has been invaluable, whether it’s meant that- and, you know- and I don’t always get along with family members. That’s life, right? They are always my support mechanism, whether it’s someone to speak to, whether it’s someone to just bounce ideas off of. But in addition to that, I am a practicing Christian and so I do find that engaging with Bible study with my friends has always been a great outlet. And just having a quiet time. So, some people will say meditation. I call it a quiet time. And it’s a quiet time where I can either pray, it’s a quiet time when I can study the Bible. And usually for me,
it’s early in the morning or later in the evening. But it’s always something that I try to do on a day-to-day basis. It’s not always possible, so I am not a perfect individual in any way, shape, or form. And I’m not always able to dial into our weekly Bible study. But, you know, I try. And where I can, you know, I shoot off a quick prayer and I move on. So, for me, believing that there’s a higher being that’s, in essence, responsible and in control of my life, has helped me a little bit to- actually, helped me a lot to take off the pressure for myself. When I’ve thought, “Oh, my goodness! What are you doing?” And, in essence, I can just take that problem in a prayer and believe that it’s been done and dusted. So, for me, it’s my support system. But secondly, also my faith just really helps to provide me with the release and hope that I need to forge ahead.
Pamela: Oh, wonderful. Wonderful. Emilia, it is so, so wonderful to meet you. I have such a love for South Africa. You know- you know, as I said, the late Nic Swart, you know, reached out to me- and I actually, you know, really had a chance to connect in a special way with many of the women lawyers there- and, you know- and Jeanne-Mari, you know, introducing me to you, was like, you know- I felt like you were like already part of the family. I feel like I’m part of the family. You’ve just been such an inspiration to be our Lawyer of the Week. And just really moved by, you know, the work that you’re doing. You know, just- it kind of chokes me up a little bit- but the work that you’re doing is, you know, it sounds- you know, like, “Oh, you’re out here doing these political things.” But actually, you’re- human rights- you’re thinking about people’s lives- people’s lives who are affected by various things, and human suffering, and that you’re on the- you’re, you know, on the front lines there, trying to make this planet a better place for all. And, you know- and really going beyond the barriers of color, and race, and geographic location, and actually being a human in this globe. And so, it’s just been such an honor to have you as our Lawyer of the Week and, you know, thank you so much for making the time. I know your schedule is extremely busy.
Emilia: Thank you so much for having me. It’s been an honor and a privilege. And and I hope we can stay in touch, even beyond this particular interview. So, thank you very much for the opportunity.
Pamela: Thank you. And to our audience, thank you for joining us this week and we hope you will join us again next week.
Emilia’s Links:
Accountability Counsel
Accountability Counsel: Emilia Siwingwa
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