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.
To reform laws is to reform societies. At IDLO, this is something that we have had thirty years to learn. And there are no more important laws than fundamental laws – national Constitutions. One of greatest, the Constitution of the United States of America, has served that nation well for nearly a quarter of a millennium. Constitutions encapsulate a vision. In countries struggling to overcome trauma, as is the case of Kenya; struggling to be reborn, as in Somalia; or struggling to be born at all, as in South Sudan, Constitutions respond to a collective need for unity and renewal.
But Constitutions are also highly technical documents. They set the parameters for law and justice in a given jurisdiction. For this reason, they require legal resources and expertise unavailable in many developing nations. By providing those resources and expertise, IDLO is proud to have assisted several countries through complex constitutional processes.
The Upper House of the Afghan National Assembly has recognized the work of IDLO legal trainer and adviser Gul Ghutai Afzalyar with an award for her efforts to reform and clarify the Legislation for the Elimination of Violence Against Women (LEVAW) in Afghanistan.
The protracted civil war and the weak state control over territory in Somalia has enabled new criminal activities to take hold, including illegal checkpoints, maritime piracy, cybercrimes, money laundering and counterfeiting, human trafficking, extortion, terrorist financing, and the smuggling of weapons and food over Somalia’s porous borders. The Somali Federal Ministry of Justice (MoJ) and national police are well aware of these newer forms of criminality plaguing Somalia, but are unable to effectively combat them.
Ukraine has embarked on a wide-ranging process of reform, and the momentum is there to overcome a legacy of bureaucratic stagnation, arbitrariness and corruption. The government has committed itself to the long-term reform of the Ukrainian justice sector, and the President has developed a strategy that identifies the need for increased independence, transparency, competence, accountability and efficiency of the rule of law and justice institutions.
In 2010, the people of Kenya overwhelmingly voted in favor of a new Constitution, following a protracted struggle for constitutional reform spanning over two decades. Under the new Constitution, the elections of 2013 were the first in Kenya’s multiparty history with Electoral Dispute Resolution (EDR) processes in place. With these mechanisms, disputes can be resolved legally, peacefully and speedily – as opposed to resulting in violence or being allowed to drag through the courts.
In Burundi, land tenure registration is the primary way for the government to deal with the large number of land disputes across the country. A series of pilot programs aimed at resolving land rights issues have been initiated in recent years. To date, however, it is unclear whether these pilot programs have had their intended effect of reducing the number of land disputes.
In June 2015, IDLO commenced the project: Researching the Impact of Land Tenure Registration on Land Disputes and Women’s Land Rights in Burundi.
Land Tenure Registration (LTR) programs involve issuing proof of ownership to holders of land rights to increase their legal certainty. Such programs are undertaken for a variety of reasons. While much is known about the impact of LTR on factors like access to credit and agricultural output, there is a gap in knowledge of its impact on land disputes, particularly in post-conflict settings.
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.
The continued challenges Mongolia faces in implementing its anti-corruption reforms demonstrate a clear need for improvement in the immediate detection of corruption cases and stronger international cooperation and mutual legal assistance in corruption-related criminal matters.
Corruption is a complex social, political and economic problem which undermines democracy, human rights and governance by weakening state institutions, eroding public confidence and hindering the pathway towards sustainable development. The 2019 Transparency International Global Corruption Barometer found that 80% of citizens of the Bahamas considered corruption in government to be an important issue.
In recent years, Jordan has taken steps and demonstrated political will to reform the justice sector and promote mediation and alternative dispute resolution as means not only to reduce court congestion and shorten the litigation process, but also to guarantee transparent and fair trials. Despite the use of mediation for several years, interest in mediation faded, and it is no longer perceived as a reliable mechanism for dispute resolution. There is therefore a strong need to re-establish mediation as an effective dispute resolution mechanism in the country.
Indonesia's Attorney-General’s Office (AGO) has identified differences between its methods for measuring the budget it needs to handle cases and the methods used by other bodies, including the Ministry of Finance, the National Planning and Development Agency and the State Audit Board. If the AGO's initial budget needs are not assessed correctly, this could potentially lead to a misjudgment of its budget allocation, its burn rate and expenditure, and its budget performance.
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.