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Judicial Reform for Improving Governance in Anglophone Africa

Judicial Reform for Improving Governance in Anglophone Africa. A Distance Learning Program for Ethiopia, Ghana, Kenya, Nigeria, Tanzania and Uganda 09 October – 13 November, 2003 In collaboration with ILI-Uganda the course is organized by: World Bank Institute

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Judicial Reform for Improving Governance in Anglophone Africa

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  1. Judicial Reform for Improving Governance in Anglophone Africa • A Distance Learning Program for Ethiopia, Ghana, Kenya, Nigeria, Tanzania and Uganda 09October – 13 November, 2003 • In collaboration with ILI-Uganda the course is organized by: World Bank Institute World Bank Legal Vice-Presidency http://www.worldbank.org/wbi/governance/jr_africa

  2. Overview of Today’s Session: • Welcome by LEG, ILI and WBI • Objectives, Content and Methodology • Presentation: Institutional Reform and the Judiciary by Roumeen Islam • Q & A period • Presentation: An Overview of the Key Areas for Judicial Reform for Improving Governance and the WB intervention.by Maria Gonzalez de Asis and Elizabeth O. Adou • Q & A period • Introduction to Next Session

  3. Objectives • Facilitate the sharing of country experiences • Provide a setting in which key stakeholders will be able to identify the factors to improve the judiciary for better governance

  4. Content / Modules • Module 1. The Impact of the Judiciary in GovernanceDate: Thursday October 9, 2003 • Module 2. Judicial Independence and AccountabilityDate: Thursday, October 16, 2003  • Module 3. Appointment, Promotion, Discipline and Removal of JudgesDate: Thursday, October 23, 2003 • Module 4. Case Management and other Procedural ReformsDate: Thursday, October 30, 2003 • Module 5. Access to Justice (ADR, Customary Law)Date: Thursday, November 6, 2003 • Module 6. Continuing Legal & Judicial Education (country teams action plans presentation)Date: Thursday, November 13, 2003

  5. Methodology • Each session will be organized around a conceptual framework presentation, followed by a case study discussion regarding the topic addressed. • PART 1 • Introduction – all sites • Conceptual Framework Presentation • Discussion – all sites • Break • PART 2 • Case Study Presentation • Q&A – all sites • Group work – all sites off camera (30 minutes) • Country teams presentation – all sites • Final remarks

  6. Rules of the Game • Each group/country will have a facilitator • Understand the role that each of us represents (civil society, government, media, private sector). • Prioritize the performance areas through consensus. • At the end of each session, country teams will present the main results of their discussion • Participants will elect one representative from the group to present: • Three commonly identified concrete problems • One suggestion to solve each problem • Who will be responsible for taking actions • Expected results

  7. Action Plans & Programmatic Matrixes

  8. Facilitators • Ethiopia – Ms. Yalemzewd Bekele Mulat • Ghana – Mr. Kweku Paintsil • Kenya – Mr. Githu Muigai • Nigeria – Mr. Bolaji Owasonoye • Tanzania– Mr. Thomas Mihayo – Mrs. Mystica Mapunda • Uganda – Mr. Geoffrey Kiryabwire

  9. PRESENTATION ON INSTITUTIONAL REFORM AND THE JUDICIARY BY ROUMEEN ISLAM

  10. Q&A

  11. BREAK

  12. PRESENTATION: AN OVERVIEW OF THE KEY AREAS FOR JUDICIAL REFORM AND THE WB INTERVENTION BY MARIA GONZALEZ DE ASIS AND ELIZABETH O. ADOU

  13. The Impact of the Judiciary in Governance: • What is the relationship between the Judiciary and Governance? • What is the relationship between Judiciary and Corruption? • Which elements of judicial reform increase the likelihood of success in controlling corruption, improving governance and fostering development? • After nearly twenty years of carrying out judicial reform, are we satisfied with the results achieved? • Which way forward?

  14. Rule of Law and development Source: D. Kaufmann, A. Kraay, and P. Zoido-Lobaton 2000: Governance Matters.

  15. The Judiciary and its relation with Governance • If we understand Governance as the process and institutions by which authority in a country is exercised for the common good, the Judiciary as institution is key. • There are some premises for the Judiciary as institution to function well: • Legal framework that reflects societal norms and behavior • Political will coupled with the necessary resources to engage in the legal framework • Its relationship with other institutions and variables in the society (Executive and legislative branch as well as voice and accountability, political stability and lack of violence, quality regulatory framework, Government effectiveness and control of corruption)

  16. 100 90 80 70 60 50 40 30 20 10 0 Governance Indicators: Regional Averages (2002) Voice and Accountability Political Stability Control of Corruption OECD Rule of Law Government Effectiveness LAC Sub-Sahara Africa Source: D. Kaufmann, A. Kraay, and M. Mastruzzi 2003: Governance Matters III: Governance Indicators for 1996-2002. Regulatory Quality

  17. The Judiciary and its relation with Corruption • The WB and other multilateral institutions have define Corruption as the abuse of public office for private gain. • Corruption undermine the legitimacy of the Judiciary as an institution therefore, an effort to analyze or reduce corruption and improve governance must include an understanding of a country’s legal and judicial system. • Main obstacles to a Judiciary system free of corruption are: • the economic interest (private sector) and lack of independence

  18. High 7 Bribery in Judiciary 4 Low 1 2.5 3.5 4.5 Income per Capita (PPP, log) Bribery in Judiciary vs. Income per Capita,Selected African countries, 2003 Source: EOS, 2003; Herston-Summers.

  19. Which elements of judicial reform increase the likelihood of success in improving governance and fostering development? • Prioritization of reforms using empirical data • Judicial freedom from political and external interference • A transparent appointment, discipline and removal system • A case management strategy for reducing delay and cost in litigation • Access to Justice • Empirical information to solve practical problems in the Judiciary.

  20. Internal and External Dynamics on Judicial Reform - Which way to go? Promotion of rule of law and good governance as sine qua non for development INTERNAL VARIABLES EXTERNAL VARIABLES Control of Corruption Case Management Justice as Obstacle to Justice Discipline and Removal Legal and Judicial Reform and Control of Corruption Appointment and Promotion of Judges Access to Justice Citizen Participation Procedural Reforms Budgetary constraints Independence andAccountability Executive Interference Empirical Research and Diagnostics

  21. Which way forward? Implementation Collective Action, AP Political Will Evaluating Reforms EmpiricalWork

  22. Module 2. Judicial Independence and AccountabilityDate: Thursday, October 16, 2003 • This module attempts to unveil the elements of Judicial Independence • It will discuss further elements of transparency in the judiciary such as public and media access to proceedings, publication of judicial decisions, case assignments, court monitoring by NGOs, among others. • What are the essential elements that need to be in place before a judiciary can be said to be independent? • What it means to have independence with accountability? • Speakers: • Justice Steven Alan Brobbey (GH)   • Steven Mwenesi (KEN)

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