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Judicial Reform for Improving Governance in Anglophone Africa

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Judicial Reform for Improving Governance in Anglophone Africa A Distance Learning Program for Ethiopia, Ghana, Kenya, Nigeria, Tanzania and Uganda – PowerPoint PPT presentation

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Title: Judicial Reform for Improving Governance in Anglophone Africa


1
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

2
Overview of Todays 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
  • QA 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
PROBLEM ACTIONS TO BE TAKEN RESPONSIBLES EXPECTED RESULTS
A
B
C
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
  • QA

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
Governance Indicators Regional Averages (2002)
Voice and Accountability
Political Stability
Control of Corruption
OECD
Government Effectiveness
Rule of Law
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
    countrys legal and judicial system.
  • Main obstacles to a Judiciary system free of
    corruption are
  • the economic interest (private sector) and lack
    of independence

18
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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