Since 2015, IDLO has been managing the Indonesia-Netherlands Rule of Law Fund (RoLF) program, which builds on Indonesian development plans and continues the efforts of the Embassy of the Kingd
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."
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.
As with many emerging economies, non-enforcement of court decisions in the Kyrgyz Republic remains a challenge.
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.
The Chief Justices of Kenya, Rwanda, South Sudan, Tanzania and Uganda (partner states of the East African Community) as well as the Chief Justice of Zanzibar, the Judge President of the East African Court of Justice, and the Chief Justice of Somalia in an observer role, pledged to enhance collaboration, agree strategies to improve access to jus
The Kyrgyz Republic has made significant strides in working toward improvements to a justice system shaken to the core following the 2010 Revolution. While a wholesale reselection process of judges changed the landscape and provided hope for real change, it also created a judiciary staffed with many inexperienced, under-skilled first-time judges who are more easily exposed to negative influences - both perceived and real. Consequently, the public mistrusts the judiciary and holds a negative perception of it being corrupt, inefficient and dependent on other branches of government.
Bucharest, April 23, 2018 – A new program in Romania will help the country improve its investment climate by building judicial capacity in commercial cases and increasing the uniformity of judicial practice.
“Romanian courts need to be able to tackle economic crime and commercial disputes in an effective and reliable manner to attract sustainable and healthy investment,” said the International Development Law Organization (IDLO), noting the purpose of its new program in the country.
Following the adoption of a new Constitution in Kenya in 2010, its implementation has seen significant improvements in the promotion and protection of human rights, gender equality and access to justice. Nonetheless, sustainable development of the country and strengthened public confidence in the judiciary continue to be key priorities requiring ongoing reforms.
The revised Afghan Penal Code entered into force in February 2018. This called for an urgent need to build the capacity of justice professionals to handle cases in compliance with the revised Code. In response, the Supreme Court, Attorney General’s Office and Ministry of Justice turned to their nascent professional training departments. However, the maturity, capacity and resources of the departments vary, and extra support is required to enable them to deliver the task effectively.
After Romania joined the European Union in 2007, wide-reaching reforms were implemented to the country’s civil, criminal and commercial legal codes. While acknowledging positive development in the judicial sector, concerns remain over the lack of predictability of judicial decisions, including contradictory judgements and inconsistency in the administration of justice.
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.