Unless it boosts capacity in commercial law, Mongolia risks discouraging inward investment, not least in the vital mining sector. To avoid this happening, IDLO has been working with Mongolia's Supreme Court and Judicial General Council to improve the courts' ability to apply commercial law. In particular, we have ensured that 24 Mongolian judges are equipped to train their peers in areas such as mining disputes, intellectual property and competition law.
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."
Mongolia’s investment climate is chronically undermined by poor enforcement of rulings. In an effort to improve the enforcement rate, IDLO has been helping strengthen the Mongolian General Executive Agency of Court Decisions by building the capacity of more than 200 bailiffs (12 of them bailiffs-trainers) in areas including sale and seizure of property, mediation and international arbitration, and conflict management.
A herd of cows belonging to Bakyt Azizov has trampled over land belonging to Aybek Isaev. As a result, Mr. Isaev’s future oats harvest has been partly compromised. Mr. Isaev is now claiming from Mr. Azizov 85,600 Kyrgyzstani som (US$ 1,340) in compensation, divided as follows: direct damage – 7,100 som; profit lost – 48,500 som; moral damages – 25,000 som; and lawyer’s fees – 5,000 som.
A country previously described as ‘the world’s most failed state,’ Somalia has yet to shed this image. This week alone has brought reports of a return to piracy in the north of the country, insurgent attacks on African Union troops in the south, and a rise in the need for emergency food aid.
IDLO has concentrated its efforts on the city of Mopti. As well as an important commercial center and Mali's country's main port, Mopti forms both the geographic and symbolic link between the country's North and South. During the conflict, it served as a frontline destination for displaced people.
“Having a new Constitution is all very fine,” one guest at an IDLO event memorably said, “but fixing Nairobi’s traffic may be more important.”
IDLO has concluded a series of workshops on Competition Law in Montenegro – part of continuing efforts to support the country as it prepares for EU accession. The area has historically been seen as a weakness. Ten participants from the Agency for the Protection of Competition and the Chamber of Commerce joined the interactive, case-oriented workshop.
Mongolia, one of the youngest democracies, has experienced rapid economic growth thanks to its extensive mineral deposits. However, the country’s investment climate and rule of law are chronically undermined by poor enforcement of court decisions. With support from the European Bank for Development and Reconstruction, IDLO is working with the Mongolian General Agency of Court Decisions to build the capacity of its bailiffs. IDLO trained over 200 bailiffs from all Mongolian regions on effective ways to execute court decisions from May 25 - June 20, 2015.
IDLO’s first legal course for representatives of civil society organizations (CSO), working to promote the rule of law, improve access to justice and support peace initiatives, has launched in South Sudan this week.
IDLO Somalia Country Director Adam-Shirwa Jama told a Washington roundtable hosted by the United States Institute of Peace that reform of the justice system had begun in Somalia. While it would take time for justice institutions to reach the whole of the country, Mr. Jama said, IDLO was encouraged by the international support given to these nascent institutions.
Lack of good governance and the rule of law are one of the most pressing problems confronting modern Somalia on its path towards stability and reconstruction. While there have been signs of progress, the absence of robust and competent institutions has contributed to a climate of insecurity and impunity. Several assessments of the justice system in Somalia have found that judges and prosecutors lack of adequate skills to effectively administer criminal trials in line with Somali laws and procedures, particularly with respect to safeguarding the rights of the accused.
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.
Strengthening the capacity of prosecutors, judges and lawyers in Rwanda in international criminal law is both important and timely. Over two decades after Rwanda’s genocide, the number of cases extradited and transferred from other countries to Rwanda continues to increase. Given that international criminal law is a complex and evolving field, prosecutors who appear in Transfer cases would benefit from skills allowing them to more accurately and effectively research and apply the latest judicial precedents.
In Indonesia, with its civil law system, many scholars believe that lecturers do not have any obligation to use case law or jurisprudence, including among judges. This causes stagnant development of the law both in practice and theory. Therefore, integrating case law into education will not only be beneficial to both student and lecturer, but also for the judges so they can employ better consideration when making their decisions or verdicts.
Until recently, court processes in the Kyrgyz Republic have not been automated. Manual or paper systems still are required and are the norm although automating all processes has started very actively. According the country’s National Target Program for Development of the Judiciary, automated information systems need to be expanded and rolled out to the whole judicial system, not only within all first instance courts, but also second and third instance courts.