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| Reports by theme : Justice sector |
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African Union | APRM | Broadcast media | Citizenship | Development assistance and governance | Election management | Justice sector | Political participation | Public service delivery |
Benin: Justice Sector and the Rule of Law
AfriMAP & OSIWA
24 March 2010
After 20 years of 'democratic renewal', the state of Beninois justice presents a profound paradox. The Constitutional Court has increased in credibility and produces an impressive quantity and quality of jurisprudence. But the general justice system has continued to lose independence, while allegations of corruption have undermined popular confidence in the capacity of the courts to ensure that the executive respects the rule of law. This is one of the conclusions of the report Benin: Justice Sector and the Rule of Law. Based on in-depth and impartial research, the report brings out the strengths and weaknesses of Benin's justice sector, and presents recommendations that aim to feed into a current debate about the reform on the institutions and mechanisms established by the 1990 constitution. The report is currently available in French only, but a translation into English will be prepared.
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Democratic Republic of Congo: Military justice and human rights -- An urgent need to complete reforms
AfriMAP & OSISA
22 June 2009
This report is a comprehensive and critical analysis of the legal, institutional and operational obstacles that prevent the Congolese military courts from providing effective justice and contributing to the struggle against impunity in that country. The report notes the efforts made in the recent past to bring the military court system into line with rules of procedure that apply in the ordinary courts. It concludes, however, that these reform efforts are cancelled out by the fact that the military courts have jurisdiction over civilians, systematic attacks on the independence of the military judges, and violations of the rules of fair trial by the military courts.
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Ghana: Justice Sector and the Rule of Law
AfriMAP and OSIWA
22 June 2007
An important new report on the Ghanaian government’s performance in ensuring respect for the rule of law and access to justice for all, this assessment, based on a year’s field research by a Ghanaian civil society team, gives Ghana a broadly positive evaluation but highlights numerous areas for action.
The report recognises the entrenchment of the rule of law that has taken place since Ghana’s 1992 constitution provided the basis for a restored civilian government. However, serious challenges remain. Among the key recommendations for action are a constitutional review to address a number of recommendations that have been made to reduce the role of the executive in judicial appointments, strengthen constitutional oversight institutions and remove the impunity from prosecution for human rights violations given to members of former military regimes.
The report, with its companion volume, Ghana: Democracy and Political Participation, was researched and written under the supervision of the Institute for Democratic Governance (IDEG).
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Kenya: Justice Sector and the Rule of Law
OSIEA & AfriMAP
28 September 2011
The Kenya Justice Sector report, written by Dr Patricia Kameri Mbote and Migai Akech, comes at the time when the country is going through interesting times. The study’s premise is based on Kenya’s policy blueprint-Vision 2030, which places rule of law at the centre of its goals. It was also commenced at the same time as the nation was recuperating from the post-election poll, which resulted in many Kenyan’s expressing disappointment at the nation’s democratic institutions. The study looks at: justice sector and rule of law; legal and institutional framework; government track record in respect of rule of law; management of the justice system; independence of the bench and bar; criminal justice; access to justice and the role of donor agencies. It makes recommendations for each specific topic being interrogated.
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Malawi: Justice Sector and the Rule of Law
AfriMAP / OSISA
12 September 2006
This substantial report provides a comprehensive audit of the justice sector in Malawi, assessing the country’s performance sector against African and international standards. The Malawian government has made considerable progress since the country’s decisive break with Banda’s dictatorial regime in the early 1990s. The 1994 Constitution included a comprehensive bill of rights; management of the justice sector has dramatically improved over the past ten years, and significant progress has been made in reforming the criminal justice sector. On the negative side, law reform has been extremely slow, and statutory and customary laws inconsistent with new human rights obligations remain in place. Although court fees are relatively low, the high level of poverty and the prohibitive cost of legal fees mean that most Malawians have no access to formal justice -- yet traditional and informal mechanisms receive far less attention from those who have power over the legal sector.
This report, and the shorter discussion paper, which draws on the main report to put forward a set of focused findings and recommendations, is an essential resource for those working in the justice sector in Malawi or the region.
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Mozambique: Justice Sector and the Rule of Law
AfriMAP / OSISA
29 September 2006
Mozambique faces significant challenges in providing access to justice for the majority of its citizens, and in meeting constitutional and international standards of justice, according to this report, Mozambique: Justice Sector and the Rule of Law, published in September 2006.
The report recognises the considerable progress that government has made since the agreement of peace that ended the post-independence civil war. Significant law reform has been undertaken, the 2004 Constitution further consolidates provisions for the protection of fundamental human rights, and there have been substantial increases in the number of trained judges and advocates.
However, serious challenges remain. For the majority of Mozambicans, access to formal justice is non-existent; courts are too far away to reach, and they lack the financial means to pay for legal representation and other associated costs. The community courts that are closest to the people are orphaned from the main judiical court system and as a consequence underfunded and their contribution disregarded.
Meanwhile, the criminal justice system routinely fails to respect constitutional standards on fair trial, police abuse is still found, and prison overcrowding is endemic. In many areas, implementation of new laws and policies has not matched aspirations on paper. Finally, while respect for the independence of the courts has increased, executive disregard for court orders and interference in the legal process remains too common.
The report and discussion paper are available in both English and Portuguese.
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Senegal: Justice Sector and the Rule of Law
OSIWA & AfriMAP
27 November 2008
This report offers perhaps the most comprehensive analysis available of the Senegalese justice system. Prepared by a team of Senegalese lawyers, it acknowledges that Senegal has achieved a range of reforms to overcome the colonial heritage and make its laws fit for a modern democratic state. But the reforms have been adopted on a case by case basis, with no effort at systematisation and following no coherent policy. The report notes an ever-greater gap between the formal announcement of support for the right to a fair trial and the problematic implementation of criminal procedure in practice, and criticises the impact of the Ministry of Justice's management of the justice system on the independence of judges and magistrates. Among its recommendations are measures to strengthen the separation of powers and ensure a more systematic effort to reform the law in Senegal.
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South Africa: Justice Sector and the Rule of Law
AfriMAP / Open Society Foundation for South Africa
February 2006
This report is the first in AfriMAP's series to be published and highlights both successes and failures of the South African justice system. Both the main report, and a shorter discussion paper based on the main report are available for download here.
The report recognises that the government, in place since 1994, has made major achievements in transforming the justice sector from an apartheid institution into one that measures up to international standards. Racist laws have been repealed, the legal aid system has been extended, and major efforts have been made to reform the criminal justice system. However, serious challenges remain. In the criminal justice field, police abuse is still found and prison overcrowding is endemic, with negative consequences for any chance of rehabilitation. Access to justice is hampered by the high cost of lawyers, and provincial governments have failed to respect repeated court orders. In many areas, implementation of new laws and policies has not matched aspirations on paper. The report is broadly positive about South Africa’s commitment to independence of the judiciary, while recognising a need for continued vigilance to ensure it remains.
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Guinea: AfriMAP training for researchers
12 August 2011
A two day training workshop was undertaken on 12 August, as part of AfriMAP and OSIWA joint project in Guinea. The training was organized for researchers, program and country coordinators on the methodology and process of researching the four thematic areas. The objective of the baseline studies is to assess the current state of governance in the following sectors: Electoral laws and management; Justice Sector and the Rule of Law; Anti-Corruption institutions and mechanisms; Management of natural more...
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Senegal: consultations on reforms in the justice sector
December 2009
AfriMAP and the Open Society Initiative for
West Africa (OSIWA) held a two day consultation workshop in early
December on the issues of justice sector reform in Senegal. Participants included representatives of the ministry
of justice, the Senegal Bar association, senior more...
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Validation workshops in Benin
10 April 2009
The non-governmental organization Droits de l’Homme, Paix et Developpement (DHPD), that is leading the AfriMAP research in Benin hosted workshops on 9-10 April in Cotonou for the validation of reports on the three AfriMAP themes. Each of the reports was presented by its principal author: for education Odile Atanasso; for the justice sector and the rule of law Joseph Djobenou; and for democracy and political participation Gilles Badet. Participants in the different workshops included civil society more...
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Validation workshops in DRC
03 April 2009
AfriMAP and OSISA (the Open Society Initiative for Southern Africa) held two workshops on 2 and 3 April in Kinshasa, Democratic Republic of Congo, to discuss draft reports on the education system and military justice in the DRC with a range of stakeholders in each field.
The workshop to discuss the draft report on the military justice system was attended by judges and prosecutors from all levels of the military court system, lawyers with experience in representing victims and accused more...
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Launch of AfriMAP report on the justice sector in Senegal
27 November 2008
On 27 November 2008, during a ceremony chaired by Pascal Kambale, deputy director of AfriMAP, M. Birane Niang, head of the office of the minister of state for justice in Senegal, officially launched the AfriMAP report Senegal: Justice Sector and the Rule of Law. The report, a document of 175 pages, was the product of a collaboration between AfriMAP, OSIWA and the Senegalese organisation RADDHO.
In his address, M. Niang thanked the authors for the conclusions of the report, which he more...
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Senegal justice sector validation meeting
08 May 2008
A workshop to validate AfriMAP's report on the Justice Sector and the Rule of Law in Senegal was held on 8 May in Dakar. Participants included judges, lawyers, representatives of oversight institutions, law professors, law students, members of both houses of parliament, and civil society representatives.
The research team, led by Ismaila Fall, presented a summary of the draft report, its research methodology, and main findings. Key participants were then requested to present their more...
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AfriMAP launches research in DRC
January 2008
AfriMAP's research on its three themes (justice and the rule of law, political participation and democracy, and delivery of public services) was launched in DR Congo with the holding of a methodology workshop 28-30 January 2008 in Goma, in the east of the country. Eight researchers took part, coming from civil society organisations and research centres in Kinshasa and the provinces of Bas-Congo, Kasai Oriental, Katanga, Province Orientale and Sud-Kivu. Roger Mvita, AfriMAP coordinator in DRC, led more...
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Submission to DRC National Assembly
December 2007
AfriMAP has joined with Global Rights and other organisations in the Democratic Republic of Congo to make a submission to the Committee on Policy, Legal Affairs and Administration (la Commission Politique, Jurique et Administrative) of the National Assembly, which is currently debating a draft law on the Conseil Supérieur de la Magistrature (the equivalent of the Judicial Council or Judicial Services Commission in common law countries). The submission (available below -- in French) is based more...
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Launch of AfriMAP research reports on Ghana
22 June 2007
In another event scheduled during the summit period, AfriMAP, the Institute for Democratic Governance and the Open Society Initiative for West Africa (OSIWA, the Open Society Institute's west Africa grant-making foundation) jointly launched two AfriMAP reports on the state of governance in Ghana.
Emmanuel Akwetey, director of IDEG, and his team led and managed the research process for the production of two detailed reports on the functioning of the justice sector and the rule of law, more...
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Ghana validation workshop
01 May 2007
On 1 May 2007, the Institute for Democratic Governance (IDEG), AfriMAP's civil society partner in Ghana, hosted a validation workshop to discuss the findings and conclusions of the AfriMAP Ghana reports on the justice sector and the rule of law and on political participation and democracy. Around 30 representatives of civil society gave up their Labour day holiday to identify the main issues, point out gaps in the reports and, most importantly, agree on the main recommendations that should be made more...
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AfriMAP induction training workshop for Kenya
27 April 2007
AfriMAP held an induction training workshop for Kenya researchers on 27-28 April 2007, as the inaugural event in a review of Kenya's governance performance by AfriMAP. The nine researchers will form the core teams working in Kenya on the areas of the justice sector and rule of law, democracy and political participation, and the effective delivery of public services. They were drawn from the Institute of Economic Affairs, a public policy advocacy non-governmental organization, and the University of more...
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Justice sector report launch, Maputo
29 September 2006
AfriMAP's report on the justice sector and rule of law in Mozambique was launched on 29 September 2006 at the faculty of law, University of Eduardo Mondlane. The proceedings were presided over by Abdul Carimo, the head of the government’s technical unit for law reform and also a board member of the Open Society Initiative for Southern Africa (OSISA). Also in attendance were members of the Supreme Court, the bar association, civil society organizations, and OSISA Board members and staff.
more...
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AfriMAP Methodological Workshop, Senegal
July 2006
The Rencontre Africain pour la Défense des Droits de l’Homme (RADDHO), the focal point for AfriMAP in Senegal, hosted a two-day methodological workshop for the AfriMAP process on 28-29 July 2006, at Saly Mbour near Dakar. Participants from a wide range of Senegalese civil society organisations debated draft reports on the justice sector and on the right to political participation, and the preparation of a report on the effective delivery of public services.
The organisations more...
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South Africa Justice Sector Report Launch
17 February 2006
On 17 February 2006, AfriMAP launched its first report, on the justice sector in South Africa, at an event at the former women's prison at Constitution Hill in Johannesburg. Advocate George Bizos spoke at the launch, addressing questions of judicial independence and the rule of law in the context of recently proposed legislation to amend the South African Constitution.
The effect of the proposed amendments, he stated, was: "in essence, to transfer the administrative and budgeting powers more...
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Ghana AfriMAP roundtable
October 2005
On 20-22 October 2005, the Institute for Democratic Governance (IDEG) held a two-day roundtable, in conjunction with OSIWA and AfriMAP, to introduce and discuss the implementation of AfriMAP in Ghana. Participants included a wide range of activists, academics and government officials, who debated the three AfriMAP themes -- justice sector and the rule of law, political participation and democracy, and delivery of public services -- and the ways to make the research most effective and useful in the more...
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AfriMAP questionnaire development
2004
The three AfriMAP questionnaires have been developed through a process of wide-ranging reading and discussion, drawing on similar initatives and the knowlege and advice of African and international experts in the field. In each case, a focal point of discussion was a two-day workshop held in Johannesburg, attended by participants from the Open Society African foundations and experts on the three themes -- of access to justice, democracy or delivery of public services. Pictured are some of the participants more...
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