List of workshops organised under LCBP I Workshop Topics Addressed No. of Participants 1 Training Seminar for Judges and Magistrates

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INSTITUTE FOR HUMAN RIGHTS AND DEVELOPMENT IN AFRICA (IHRDA) GAMBIA LEGAL CAPACITY BUILDING PROGRAMME (LCBP) Phase I A Programme of the Judiciary of The Gambia, funded by the Department for

1 INSTITUTE FOR HUMAN RIGHTS AND DEVELOPMENT IN AFRICA (IHRDA) GAMBIA LEGAL CAPACITY BUILDING PROGRAMME (LCBP) Phase I A Programme of the Judiciary of The Gambia, funded by the Department for International Development (DfID) and managed by IHRDA List of workshops organised under LCBP I Workshop Topics Addressed No. of Participants 1 Training Seminar for Judges and Magistrates 1. Land law, tenure and administration; 2. Undefended causes; 3. Interim application for relief (ex parte) (injunctions); May Backlog of cases; 5.Interim proceedings against absconding defendants under Gambian law 2 Training Seminar for Police Prosecutors 1. The Police functions; 2. Prosecutions; 5-8 July Criminal processes and proceedings; 4. Criminal prosecutions; Court processes; 3 Training Seminar for Presidents and Members of District Tribunals, Western Division August Training Seminar for Scribes of District Tribunals August Training Seminar for Magistrates September Human rights issues in criminal processes 1. Applicable laws (the Constitution, District Tribunals Act, Criminal Code); 2. Criminal procedure; 3. Civil procedure; 4. Legal requirements (Judicial ethics and records management); 5. Fair trial in the human rights context 1. Applicable laws (the Constitution, District Tribunal Act, Criminal Code); 2. Recording Tribunal proceedings; 3. Managing and keeping District Tribunal records; 4. Role, duties and functions of District Tribunal scribes 1. Civil justice (jurisdiction, assessment of damages, principles of natural justice, interlocutory and ex parte procedures); 2. Criminal justice (jurisdiction, procedures, juvenile processes, punishment and sentencing);

2 6 Training Seminar for Chairperson and Members of the Banjul and Kanifing Industrial Tribunal October Seminar for Judges and Senior Judicial Officers on the Introduction of the Alternative Dispute Resolution mechanism in The Gambia November Training Workshop on the Criminal Justice Delivery System December Drafting of a Code of Conduct for the Bench and the Bar February Consultative seminar for cadis, assessors, panelists and scribes on Court systems March Human rights; 4. Judicial ethics; 5. Judgment-writing; 6. Decision-making; 7. Administrative procedures; 8. Case and records management 1. Decision-making; 2. Judicial ethics and comportment; 3. Assessment and termination of employment contracts; 4. Redundancy, discrimination, employers liability, 5. Labour law, Labour Act and collective bargaining; 5. Judgment-writing and decision-making; 6. Jurisdiction and procedure; 7. Alternative Dispute Resolution (ADR) 1. Introduction to ADR; 2. Court-annex ADR; 3. Legal framework and role of judges; 4. Conflict analysis; 5. Negotiation; 6. Arbitration; 7. Transformative justice 1. Overview of the criminal justice system; 2. Criminal prosecution; 3. Presiding over criminal cases; 4. Defending a criminal case; 5. Right to a fair trial; 6. Extradition law and practice 1. Fundamental attributes of the Code of Ethics; 2. The conduct of a legal practitioner as a professional; 3. The relationship between the legal practitioner, his clients and other legal practitioners; 4. The relationship between the legal practitioner and the court; 5. The relationship between the legal practitioner and the public; 6. Fees; 7. The duty of the legal practitioner in criminal cases; 8. Consideration of the draft Code of Ethics for the Bench and the Bar 1. Laws applicable and Appeal Court processes; 2. Procedures for Cadis, Cadi Court Procedures; during and post-trials, cadis, assessors and scribes; 3.Judgments, orders; execution of judgements and jurisdiction;

3 11 Sensitisation Workshop for the Gambian Judiciary on the Alternative Dispute Resolution mechanism March Record Sanitization Exercise April Seminar on the Civil Justice System April Seminar on Access to Justice as a Fundamental Right May Dinner Conference on the Accession of more Gambians to the Higher Bench 21 May Workshop for Police Prosecutors: Ensuring an Effective Criminal Justice Delivery System February Judicial ethics; 5. Court administrative procedures 1. Introduction to ADR; 2. Understanding ADR; 3. Introduction to the ADR Bill; 4. ADR experiences in other African countries; 5. ADR: Judicial functions and case management; 6. Role of legal practitioners; 7. Role of clients/disputants; 8. ADR in The Gambia The implementation of a filing system in order to facilitate case retrieval 1. Jurisdiction and judgment-writing; 2. Overview of ADR; 3. Judicial ethics for Tribunal members; 4. Land law application in District Tribunals; 5. Civil Procedures: Challenging areas for District Tribunal Chairpersons 1. Access to justice as a fundamental right; 2. The role of the judiciary in ensuring access to justice; 3. The powers of arrest, search, seizure and detention of the Gambia Police Force; 4. The role of the NIA regarding arrest, search, detention and national security issues; 5. Police powers of the Gambia National Guard in terms of the Gambia National Army (GNG Unit) Police Duties Regulation, Legal Notice 2000 ; 6. Access to justice in the prison context; 7. The role of the Immigration Department regarding arrest, search and deportation; 8. The role of the Gambia Press Union in ensuring access to justice 1. Security of tenure; 2. Incentives; 3. The Judges Act; 4. Remuneration; 5. Conducive work environment 1. The law on arraignment in The Gambia 2. Overview of the criminal justice system 3. Presiding over a criminal case 4. Prosecuting a criminal case 5. The law on torture in criminal prosecution 6. Challenges of police prosecutors in criminal prosecutions 7. Role of the investigative police officer 17 Workshop for State Lawyers of the 1. Ethics of the justice delivery system: A judge s perspective

4 Criminal Division at the Department of State for Justice February Role of the general legal counsel in promoting ethical practice 3. Judicial collaboration in the justice delivery system 4. Role of witnesses in criminal prosecution 5. Role of investigations in criminal justice delivery 5. Pre-trial issues 6. Juvenile justice delivery system: Pre-trial process and challenges March Seminar for Judges, Magistrates and Top Judicial Officers 6-8 April Seminar to Review, Update, Revise, and Validate Draft Records and Registry Procedures Manual for Courts of Law April Judicial development agenda (Chief Justice) 2.Case management in Magistrate s Court 3.Programmes, projects and plans (by the Judicial Secretary) 4.Jurisdiction in conflict of laws 1.Overview of judicial system 2.Overview of records management 3.Registry and records procedures Magistrates Court 4.Registry and records procedures High Court 5.Registry and records procedures Court of Appeal 6.Registry and records procedures Supreme Court 7.Record center procedures 21 Leadership Training Seminar 1.Overview of management 2.Overview of human resources management 3.Strategic planning 4.Change management 5.Customer care & service 6.Leadership 22. Training Workshop for Police Prosecutors April Overview of the criminal justice system in The Gambia 2.The law and procedure on proper investigation of criminal cases 3.Importance of criminal justice delivery in a developing economy 4.Witnesses: Importance and relevance in criminal justice delivery 5.Criminal prosecutions: Expectation of a trial judge from a prosecutor 6.Problems and challenges in criminal investigation in The Gambia and the way forward 7.GPPA Act and Regulations: Its provisions and how they can be used by investigators 8.Economic Crime Decree: Its provisions and nature of investigation under the Decree 23. Training of Process Servers 24. Training for Presidents, Members, Clerks, and Badge Messengers in each Rural Division 25. Access to Justice in The Gambia: Consultative Review of the Legal Aid TBD 4

5 Bill, September

The Gambia Submission to the UN Universal Periodic Review

Media Foundation for West Africa The Gambia Submission to the UN Universal Periodic Review Seventh session of the UPR Working Group of the Human Rights Council February 2010 Executive summary The human