Update (21 August 2017): The 2016 version of the Code of Conduct and Ethics signed by Former Chief Justice Mutunga was not tabled before the relevant House of Parliament within seven days after its publication and thus lapsed, in line with section 11 of the Statutory Instruments Act.
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."
IDLO's Victoria Harrison Neves, spoke to our Country Representative for Myanmar, Kartik Sharma, about the transition underway in that country, the opportunities for supporting the rule of law at this time, and the practicalities of working in such an environment.
IDLO - When did you arrive in Myanmar?
Italian and Montenegrin justice sector counterparts and government representatives discussed enhancing public access to judicial information in commercial law cases and ways to further strengthen Italian-Montenegrin legal cooperation in a roundtable event held at IDLO’s headquarters in Rome.
(Rome, Italy) June 9, 2016
Africa-wide collaboration on strengthening the rule of law will play a key role in realizing international development goals.
This was the consensus at the end of a two-day rule of law and development meeting convened by the International Development Law Organization (IDLO) and the Government of Tanzania last week.
The Africa conference on rule of law and development opened in Dar es Salaam yesterday with over 140 delegates attending, including two former Presidents of Tanzania, Benjamin Mkapa and Jayak Kikwete.
"In 2016, IDLO - with financial assistance from the European Bank for Reconstruction and Development and the Government of Italy - conducted a project in commercial law judicial training support in Montenegro.
Terrorism trials in Somalia have overwhelmingly been conducted in military courts under military laws that do not afford rights to the accused as enshrined in international human rights law or the Somali Provisional Constitution. Recognizing the weakness of the current system and the security threat posed by Somalia’s overloaded prison capacity, the Government of Somalia has decided to move the bulk of the current serious crimes caseload and all future caseloads to the civilian criminal court system.
“International organizations in Afghanistan often try to reach their goals as if using a raft to cross a river.
In Kenya, electoral disputes can generate powerful emotions, leading to conflict, unrest and even violence. Electoral dispute resolution (EDR) remains a critical element in the electoral cycle that helps secure the integrity of elections and also curbs electoral-related violence.
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.
In the post-conflict transition, significant steps have been taken to combat sexual and gender-based violence (SGBV) in Liberia. The Government of Liberia established a policy and legal framework that includes the Rape Law (2006), a National Gender Policy (2017), and a National Plan of Action for the Prevention and Management of Gender-Based Violence in Liberia. However, in 2017, over 1100 SGBV cases have been reported in Montserrado County alone, representing only a small proportion of the violations that occur. Furthermore, the number of cases that have progressed to court remains low.
Transfer cases dealing with the Rwandan genocide have been adjudicated in Rwanda since 2012, and the number of cases extradited from other countries continues to increase. The procedure in transfer cases is guided in significant part by the practice and substantive precedents set by international tribunals and international criminal jurisprudence. However, international criminal law is a complex and evolving field, and it is critical that Rwandan judges know how to research and apply the latest judicial precedents correctly and effectively.
Despite the positive momentum from Ukraine’s justice sector reforms, there has been a lack of court judgments in top corruption cases, underscoring the need for greater institutional efficiency, transparency and independence in the process of prosecution. As corruption cases often involve complex financial schemes with elements of money-laundering, there is a strong need to delegate them to a specialized court. In response to these needs, the High Anti-Corruption Court was formally established on April 11th, 2019.
An ineffective court decision enforcement system in Indonesia leaves many who win their court case behind disappointed, as verdicts are not properly enforced. Hearings are often delayed, existing mechanisms are still based on Dutch law from 1848, and Indonesia’s Supreme Court’s internal regulations are not sufficient enough to ensure that court decisions are implemented effectively. The government has identified court decisions enforcement as one of the factors preventing effective judicial dispute resolution, particularly impacting business contracts.
Somalia is striving to strengthen its institutions and to improve the rule of law, however high levels of crime still persist. These include forms of complex crimes, namely extremist violence, organized crime, sexual and gender-based violence and corruption. In recent years, the Somali Federal Government has improved the fight against armed groups and made efforts to improve the capacity of the justice system to handle complex crimes.