Tajikistan’s enforcement framework and practice is considered to be the poorest in the region according to an assessment by the European Bank for Reconstruction and Development (EBRD). Non-enforcement and lengthy delays of court decisions, particularly with regards to commercial matters, is a significant problem which affects investor confidence and, as a result, economic indicators.
Building Judicial Capacity
Efficient, equitable and accessible justice systems are the lifeblood of the rule of law. For many years, building judicial capacity in the developing world was IDLO's sole area of intervention.
Today, while our mission and expertise has greatly expanded, we remain faithful to that early purpose. Building capacity in the judiciary is still the bulk of what we do, and what we are most recognized for. We do this in a variety of legal systems and traditions, working with local and international partners, with a strong emphasis on transition societies.
In the words of Kyrgyz Supreme Court Chair and IDLO interlocutor Feruza Z. Djumasheva, "Without successful judicial reforms, there will be no economic or social reform."
‘Each country faces its own challenges and has its own particularities. But when we join together despite the distances, there emerges an understanding of the fact that we are not alone.
On a recent trip to a Central Asian preliminary detention center, the custodians proudly showed us the new ventilation system to prevent from spread of TB – a cut-in window directly across the door.
IDLO has been working with the Kyrgyz Judiciary to support the establishment of a functional, credible and transparent legal system, since the adoption of the 2010 Constitution. Despite many positive developments, the rule of law sector has faced a number of problems – chief among them inadequate financing, which risks undermining judicial independence and makes access to justice a challenge, as well as transparency and accountability.
In recent years, following a growth spur which made it the fastest growing economy in the world, Mongolia has experienced rapid economic and social downturn. Although the years of growth yielded wealth and investment, the country was unable to prepare for a recession due to corruption, inflation, distortion of the local economy and environmental degradation. One of the key obstacles to sustainable growth and development is the weak and poorly prepared judiciary.
Mongolia’s rapid economic and social growth over the last few years is threatened by low-quality and unenforced court decisions. Despite a series of judicial reforms launched by the Government, Mongolia still lacks the legislative framework necessary to enforce court decisions or a strategy to address a growing caseload. Moreover, bailiffs’ inadequate legal knowledge and skills weaken the credibility and efficiency of the judiciary system and impede its proper functioning.
A delegation led by Afghan Attorney General, Farid Hamidi, participated in the 21st Annual Conference of the International Association of Prosecutors in Dublin this month, with the support of IDLO.
With the support of USAID and IDLO as part of the Judicial Strengthening Program in Kyrgyzstan, students participated in a mock hearing as part of their judicial training and coursework. This course helps prepare future lawyers by exercising their practical skills in the courtroom. These students’ successors, who will take part in similar courses, will be able to view their work soon when videos of the mock trials are finalized and edited as teaching tools.
The Myanmar Attorney General’s Office (UAGO) has held the first-ever state and regional level training on fair trial standards, with the participation of 30 regional, district and township law officers.
Despite reform efforts undertaken by the Government of Ukraine after the Maidan Revolution in 2014, Ukrainian citizens continue to regard criminal justice stakeholders with deep distrust. In 2019, the presidential and snap parliamentary elections resulted in a shift of the political environment, creating an opportunity to meaningfully advance anti-corruption reforms.
In Somalia, alternative justice mechanisms remain the main providers of justice services for lack of formal justice institutions. However, these justice mechanisms can be discriminatory particularly against women, youth and minority clans.
Justice within the context of commercial law is premised on the fact that an effective commercial justice system meets and facilitates the specialized needs of the business community and the private sector at large. However, there are persistent challenges related to the dispensation of commercial justice in Kenya.
Yemen, one of the poorest countries in the Arab world, has been devastated by armed conflict since September 2014. The conflict has received limited international coverage and human rights violations and violations under international humanitarian law suffered by the civilian population have been grossly underreported. All parties to the conflict have been linked to serious violations of international law, with inadequate accountability mechanisms in place to ensure justice for victims.
In recent years Jordan has taken significant steps toward promoting economic development, including through strengthening rule of law. Judicial specialization in relevant areas, while promoting an enabling environment for capacity development within the relevant judicial institutions is crucial to maximize the impact of those efforts and ensure sustainability. At the same time, attention has been given to encouraging entrepreneurship, in particular women entrepreneurs, as a means to achieve economic growth.