The 6 th International Conference on the Training of the Judiciary Judicial J Excellence Trough Education November 3 7, 2013

Transcription

1 The 6 th International Conference on the Training of the Judiciary Judicial J Excellence Trough Education November 3 7, 2013 Opening Plenary : Leadership in Judicial Education Amady Ba Head of International Cooperation, Office of the Prosecutor, International Criminal Court, The Hague, Netherlands Former Head of the Francophone Department of Training and Technical Assistance of the International Development Law Organization, IDLO, Rome, Italy. Former Head of the Senegalese Judicial Training Centre ( CFJ), Dakar, Senegal November 4, 2013 Washington, DC United States of America 1

2 I) Background on Judicial Judca Training in Senegal ega : French judges and local judges Former French colony - Senegal achieved independence in Legal system supported mainly by French judges and prosecutors, with the help of Senegalese law clerks - Senegalisation of the judiciary 1) Senegalese law clerks called to the bench after brief training 2) Bachelor of the Faculty of juridical science of Dakar recruited for training in France to initial training become magistrate : 1975 Regular training i of Senegalese judges and prosecutors in France : Training at the National School of Administration and Magistracy of Senegal (ENAM) 2

3 I) Background on Judicial Judca Training in Senegal ega 1995: Establishment of the Centre of Judicial Training of Senegal ( CFJ) - Initial training of magistrates and court clerks - Continued education and dtraining i of all lljudicial i personnel - Regional and international cooperation Objectives: Train competent judges, prosecutors and clercs Contribute to delivering i credible, independent d and impartial justice Contribute to enhancing the rule of law 3 Contribute to strengthening confidence in the judiciary

4 II) Legal Training in Senegal: Triple leadership system 1) Ministry of Justice : CFJ administratively dependent on the Ministry of Justice Logistics Material resources Human resources (Except Judges managers, trainers of the Centre) and financial resources 2) Judicial hierarchy: CFJ pedagogically linked to the judicial hierarchy (Board of Directors) Nomination of director and deputy director and trainers Examination regulation and recruitment Endorsement of initial training and continued education - Mthd Methods of ftraining ii - Evaluation - Approval of partners, orientation and perspectives 3) Director Administrative and financial management Training management Administrative responsibility (Reports to the Ministry of justice) Educational Responsibility (Reports to Board of Directors) International Responsibility (Representation, negotiation agreements and partnerships) 4

5 III) The CFJ and Regional Leadership How did these three institutions cooperate to ensure the leadership of Senegalese legal education in the sub-region? Board of Directors Evaluation of the Justice and judicial education - Results of these evaluations and how to enhance the quality of training? - Technical and Financial cooperation with Sates and Educational Institutions: South-North, North-South, South-South - Technical and Financial Cooperation with National, Regional and International Institutions: - Nationals (National Bar Association, Private Sector, Civil Society, Judicial experts, Clerks and Notary Associations, Police, Defence Ministry, Prison Administration, Press) - Bilateral Cooperation: France (Principal partner), Italy, Belgium, Canada, USA (USAID, Commercial Department of the US Embassy in Dakar), Guinea, Benin, Burkina Faso, Niger, CIV - Regional Cooperation: OHADA, UEMOA, CEDEAO 5 - Multilateral Cooperation: UN System: UNIFEM, UNICEF, UNDP, UNOPS,

6 III) The CFJ and Regional Leadership Examples of Successful Leadership Initial Training The training method Ethics and Code of Conduct of the judiciary Internal internship and open internship Evaluation Technical and/or financial partners Continous Training Training Trainers (TOT) Contextual trainings Technology training (NTIC) - Trainings having led to legal amendments of laws (family law, criminal law) - Training i after legislative, l juridical, or judicial i changes (The judge responsible for the enforcement of sentences, criminal i mediation, Pre-trial judge, mediation, arbitration etc ) - -Strategy of Communication with Courts, and External Actors International Cooperation Organisation and implementation of the foreign (Abroad) education( selection criteria and conditions at departure and upon return) The link and the impact of judicial trainings on a judge 'career Transparency Equality Promotion 6

7 IV) Challenges and Limitations CHALLENGES Administrative: Insufficient personnel Tuitons free for senegalese beneficiaries of trainings and foreign in Continuous trainings Political will to recruit 100 Magistrats et 50 Greffiers, every two years Insufficient budgetary resources and insufficient space Planning and Prioritisation Trial leadership, but dual reporting responsibilities: administrative responsibilities (constant management and meetings at the Ministry of Justice almost every two days), and pedagogical responsibilities (attendance, regulation of initial and continuous trainings activities, regular reports to the CD and biannual meetings) Pedagogical: Educational independence d (with regard to political l intrusion) i 7

8 IV) Challenges and Limitations Doubts, differences between MoJ vision and the Hierarchy on certain aspects, absence of coordination between MoJ and the hierarchy with regard to certain partners Resistance to the changes for efficiency, transparency, curricula, methodology of trainings, evaluation and the main rupture strategies: - Resistance from the government (Ministry of justice, Ministry of Budget and Finance) - Resistance from the Hierarchy and the trainers From the Beneficiaries i i themselves (Judges, Prosecutors challenges and resistances, mainly on cross-cutting and continuous workshops or seminars with other judicial or external actors) The time management(academic calendar and continued education, priorities) - Too long and time consuming to consult members of the CD, especially difficult to gather them Exterior Challenges: Difficult cohabitation between the school of Administration and school of Magistrates sharing the same premises, even with a Government Protocol of repartition and differentiation Variety of Requests of Trainings and partnerships Workload, CFJ, victim of its success, overloaded with requests from partners ( public sector, private sector, regional and international vocational institution for cooperation) and will of the MoJ to deal politically with all of them 8

9 IV) Challenges and Limitations LIMITATIONS Insufficient space with the ambition given to the CFJ, fulfilment and regional leadership of the Institution Continuous Trainings supported by 80 percent through partnerships and cooperation (20 percent from own resources generated by these partnerships), financial dependence on partners The lack of a uniform financial strategy for the long- run 9

10 V) Perspectives The Centre of Juridical Education ( ) Ah highly hl recognised authority still in need of support Initial Education still in development Basic Principles remain constant but the curriculum and methods of teaching evolve in relation to changes in the law, legal texts, and modern challenges - Expanding mission (Magistrates and other judicial profession) - Reinforcement of the Budget of the Initial education - More space given to the CFJ - Increasing human resources - South-South Regional Cooperation developed Continuous Education Not Financially supported, still dependent on external partners Uniform national strategy in development (especially for the FC) Prospective construction of new premisses 10

11 CONCLUSION C O Real leadership Quality training Functional Justice Even if it is difficult to measure scientifically and qualitatively these relations From personal experience, with a concrete vision, a clear long-term strategy and reasonable and stable resources, I can definitively say YES to these relations. 11

12 Thank you for your kind attention 12