Rwandan lawyers decry barriers to practicing abroad
Monday, September 02, 2024

Although Rwandan lawyers highlight progress in the local judicial sector, they say that they still cannot practice in foreign countries, which is described as a "challenge.”

Moise Nkundabarashi, President of the Rwanda Bar Association, highlighted the issue during the launch of the 2024/2025 judicial year, on Monday, September 2 at the Supreme Court.

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Nkundabarashi said that for years lawyers have faced barriers in foreign countries, despite Rwanda’s welcoming policies to foreigners seeking to practice locally.

"The main issue lies in the principle of reciprocity, where foreign lawyers are allowed to practice in Rwanda, but Rwandan lawyers face restrictions when seeking to work in the countries from which these foreign lawyers originate,” he said.

Nkundabarashi called on the Ministry of Justice to assist in securing reciprocal rights for Rwandan lawyers in other nations, particularly those with which Rwanda has established partnerships.

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In an exclusive interview with The New Times, Nkundabarashi stressed that reciprocity is a significant issue for the lawyers in Rwanda yet it is important and good for their career.

He cited examples of foreign lawyers from countries like France, Kenya, Uganda, Cameroon, and Gambia among other countries who have been admitted to practice in Rwanda, while Rwandan lawyers struggle to secure the same opportunities in those countries.

Despite achievements, including partnerships with lawyers’ associations in other nations that have attracted many foreign lawyers to work in Rwanda, Rwandan lawyers still face barriers when trying to practice abroad.

Nkundabarashi emphasized that Rwanda’s policies, which welcome foreigners to live and work in the country, have allowed the Rwanda Bar Association to host various lawyers from different countries.

The association is pleased with the increasing number of foreign lawyers contributing to the country’s justice system. However, he pointed out that while Rwanda makes it easier for foreign lawyers to work there, the same courtesy is not always extended to Rwandan lawyers abroad.

For instance, he noted that Ugandan authorities have denied entry to professionals who trained in Rwanda, citing differences in the legal systems.

In Kenya, he said, an attempt in 2019 to include Rwandan and Burundian lawyers in their legal practice was short-lived, as the law was revoked within two months.

A similar incident happened in Cameroon in 2016, he said.

"In 2016, the then-president of the Rwanda Bar Association requested that Rwandan lawyers be allowed to practice in Cameroon, following numerous requests from Cameroonian lawyers wanting to work in Rwanda.”

Although an agreement had been initially reached, Nkundabarashi noted, the situation changed in 2021 when the Cameroonian bar association got a new president, resulting in the denial of access to Rwandan lawyers until a new agreement is established—a process that remains unresolved.

In response, he added that Rwanda has also restricted Cameroonian lawyers from practicing in the country.

Nkundabarashi explained that Cameroonian lawyers had previously been granted immediate access to Rwanda Bar Association, but this access was revoked due to Cameroon’s consistent refusal to allow Rwandan lawyers into their association.

"The issue of reciprocity also involves international relations, which is why we need the Ministry of Justice's assistance,” Nkundabarashi said.