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

World Bank Legal Vice-Presidency

http://www.worldbank.org/wbi/governance/jr_africa

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

• 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

Objectives

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

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

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

Action Plans & Programmatic Matrixes

PROBLEM ACTIONS TO BE TAKEN

RESPONSIBLES EXPECTED RESULTS

A

B

C

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

PRESENTATION ON INSTITUTIONAL REFORM AND THE JUDICIARY BY

ROUMEEN ISLAM

Q&A

BREAK

PRESENTATION:

AN OVERVIEW OF THE KEY AREAS FOR JUDICIAL REFORM AND THE WB

INTERVENTION

BY MARIA GONZALEZ DE ASIS AND ELIZABETH O. ADOU

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?

Rule of Law and development

Congo DR Haiti

Tajikistan

Rwanda Bangladesh

Indonesia

Colombia

Nepal

Romania

Ghana

Thailand

Botswana

Czech Republic

Hungary

South Korea

Chile

United States

Mauritius

Canada

Netherlands

Singapore

Switzerland

0

5,000

10,000

15,000

20,000

Rule of Law Index

Pe

r c

ap

ita

inc

om

e in

US

do

llars

Weak Strong

Source: D. Kaufmann, A. Kraay, and P. Zoido-Lobaton 2000: Governance Matters.

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)

Governance Indicators: Regional Averages (2002)

0

10

20

30

40

50

60

70

80

90

100Voice and Accountability

Political Stability

Government Effectiveness

Regulatory Quality

Rule of Law

Control of Corruption

OECD

LAC

Sub-Sahara Africa

Source: D. Kaufmann, A. Kraay, and M. Mastruzzi 2003: Governance Matters III: Governance Indicators for 1996-2002.

 

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

Bribery in Judiciary vs. Income per Capita,Selected African countries, 2003

Source: EOS, 2003; Herston-Summers.

1

4

7

2.5 3.5 4.5

Income per Capita (PPP, log)

Bri

ber

y in

Ju

dic

iary

High

Low

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.

Internal and External Dynamics on Judicial Reform - Which way to go?

Legal and Judicial Reform and

Control of Corruption

Empirical Research and Diagnostics

Case Management

Discipline and Removal

Appointment and Promotion of Judges

Procedural Reforms

Independence andAccountability

Control of Corruption

Justice as Obstacle to Justice

Access to Justice

Citizen Participation

Budgetary constraints

Executive Interference

INTERNALVARIABLES

EXTERNALVARIABLES

Promotion of rule of law and good governance as sine qua non for development

EmpiricalWork

Political Will

CollectiveAction,

AP

Implementation

Evaluating Reforms

Which way forward?

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)