CONCEPT NOTE CONSULTATIVE WORKSHOP TO ENGAGE TRADITIONAL AND INFORMAL JUSTICE STRUCTURES AND JUDICIARY TO PROMOTE THE RULE OF LAW IN EASTERN AFRICA

Similar documents
AFRICAN UNION STRATEGY ON THE CONTROL OF ILLICIT PROLIFERATION, CIRCULATION AND TRAFFICKING OF SMALL ARMS AND LIGHT WEAPONS

Preventing Conflicts, Promoting Integration UNION AFRICAINE AFRICAN UNION UNIÃO AFRICANA. Draft

UNIÃO AFRICANA P.O. BOX: 3243, ADDIS ABABA, ETHIOPIA, TEL.:(251-11) FAX: (251-11)

FRAMEWORK OF THE AFRICAN GOVERNANCE ARCHITECTURE (AGA)

OFFICE, LOGISTICS, FACILITIES AND SUPPORT STAFF FOR THE OFFICE OF THE PRESIDENT AND VICE PRESIDENT OF THE PAU COUNCIL

AFRICAN UNION UNION AFRICAINE

REPORT OF H. E. MUHAMMADU BUHARI, PRESIDENT OF THE FEDERAL REPUBLIC OF NIGERIA AND LEADER ON THE AFRICAN ANTI-CORRUPTION YEAR

LABOUR AND SOCIAL AFFAIRS COMMISSION OF THE AFRICAN UNION Ninth Ordinary Session 8-12 April 2013 Addis Ababa, ETHIOPIA LSC/MIN/2(IX)

CONCEPT NOTE. Gender Pre-Forum THEME: Silencing the Guns: Women in Democratization and Peace Building in Africa. Kigali, Rwanda

AFRICAN UNION UNION AFRICAINE AFRICAN UNION ELECTION OBSERVATION MISSION TO THE 2018 GENERAL ELECTIONS IN THE KINGDOM OF ESWATINI

AFRICA WEEK Concept Note High-Level Event:

Addis Ababa, ETHIOPIA P. O. Box 3243 Telephone : Fax : Website : www. africa-union.org/youth.

CONCEPT NOTE 2 ND ANNUAL HIGH LEVEL DIALOGUE ON GOVERNANCE AND DEMOCRACY IN AFRICA: TRENDS, CHALLENGES AND PROSPECTS THEME:

REPORT OF THE ACTIVITIES OF THE AFRICAN UNION ADVISORY BOARD ON CORRUPTION

STATUTES OF THE ECONOMIC, SOCIAL AND CULTURAL COUNCIL OF THE

AfCFTA Business Summit

AFRICAN CHARTER ON STATISTICS

AU WEEKLY HIGHLIGHTS. Follow us on: Facebook - Oxfam International Liaison Office with the African Union: OI-AU Twitter -

2017 REGIONAL YOUTH CONSULTATIONS ON THE THEME OF THE YEAR: HARNESSING THE DEMOGRAPHIC DIVIDEND THROUGH INVESTMENTS IN YOUTH

UNIÃO AFRICANA Commission Africaine des Droits de African Commission on Human & l Homme & des Peuples

UNIÃO AFRICANA Addis Ababa, Ethiopia, P.O. Box: 3243 Tel.: (251 11) Fax: (251 11) union.

P.O. Box: 3243, Addis Ababa, Ethiopia, Tel.:(251-11) Fax: (251-11)

2017 UN Women. All rights reserved.

AU REVIEW AND ASSISTANCE CONFERENCE ON THE IMPLEMENTATION OF UN SECURITY COUNCIL RESOLUTION 1540 (2004) IN AFRICA CONCLUSIONS

Addis Ababa, Ethiopia, P.O. Box: 3243 Tel.: (251-11) Fax: (251-11)

CONCEPT NOTE SHARED VALUES: OUR COMMON DESTINY, OUR COLLECTIVE RESPONSIBILITY UNIÃO AFRICANA

REPORT OF THE AFRICAN WORKING GROUP ON MIGRATION

UNION AFRICANA AFRICAN UNION L AFRIQUE CENTRALE ON THE AND ON.

AFRICAN WINNING THE FIGHT AGAINST CORRUPTION: Anti-Corruption Year CONCEPT NOTE. A Sustainable Path to Africa s Transformation

P.O. Box 3243, Addis Ababa, Ethiopia. Tel Fax E mail: union.org. Web: union.

African Union. UNIÃO Africana TH MEETING PSC/ /PR/COMM.(DLXV) COMMUNIQUÉ

Addis Ababa, ETHIOPIA P. O. Box 3243 Tel: Fax: website :

African Union - UNAIDS high-level side event on the margins of the 73rd UN General Assembly, 24 September 2018

Engaging civil society in Pan-African issues

66TH EXTRAORDINARY MEETING OF THE COUNCIL OF MINISTERS OF IGAD STATEMENT BY AMBASSADOR SMAÏL CHERGUI COMMISSIONER FOR PEACE AND SECURITY

AFRICAN CHARTER ON DEMOCRACY, ELECTIONS AND GOVERNANCE

DRAFT RULES OF PROCEDURE OF THE LABOUR MIGRATION ADVISORY COMMITTEE

UNIÃO AFRICANA. 2 nd ORDINARY SESSION OF THE SPECIALIZED TECHNICAL COMMITTEE ON YOUTH, CULTURE AND SPORTS ADDIS ABABA, ETHIOPIA JUNE 2016

Statement by Ambassador Albert M. Muchanga. African Union Commissioner for Trade and Industry. Delivered at the 51st Joint Advisory Group (JAG)

AFRICAN UNION DEPARTMENT OF HUMAN RESOURCES SCIENCE AND TECHNOLOGY UNESCO INTERNATIONAL INSTITUTE FOR CAPACITY BUILDING IN AFRICA (IICBA)

UNIÃO AFRICANA. African Union/RECs Workshop On Trade in Services March 2012 Lusaka, Zambia TI/TD/TIS/AM/01. Original: English.

DRAFT CONCEPT NOTE. Theme: Winning the fight against corruption: a sustainable path to gender equality and women s empowerment in Africa.

P.O. BOX: 3243, ADDIS ABABA, ETHIOPIA, TEL. :(251 11) FAX: (251 11) union PRESS RELEASE

COMMUNIQUE UNIÃO AFRICANA CONSULTATIVE MEETING ON THE SITUATION IN LIBYA ADDIS ABABA, ETHIOPIA 25 MARCH 2011

47th SESSION OF THE AFRICAN COMMISSION ON HUMAN AND PEOPLES RIGHTS 12 to 26 May 2010 / Banjul- The Gambia INTERSESSION REPORT

INTER-SESSION ACTIVITY REPORT. (May November 2017) Honourable Commissioner Jamesina Essie L. King

PRELIMINARY STATEMENT OF THE AFRICAN UNION OBSERVER MISSION ON THE SOUTHERN SUDAN REFERENDUM

United Nations Economic Commission for Africa AFRICAN TRADE POLICY CENTRE. Inception Workshop on Mainstreaming Gender into Trade Policy.

REPORT OF THE STAKEHOLDERS WORKSHOP ON IMPLEMENTATION OF THE AFRICAN UNION S POST CONFLICT RECONSTRUCTION AND DEVELOPMENT (PCRD) POLICY

E#IPU th IPU ASSEMBLY AND RELATED MEETINGS. Sustaining peace as a vehicle for achieving sustainable development. Geneva,

DRAFT CONCEPT NOTE FOR THE THEME YEAR OF WOMEN EMPOWERMENT AND DEVELOPMENT TOWARDS AFRICA S AGENDA 2063

UNIÃO AFRICANA Addis Ababa, ETHIOPIA P. O. Box 3243 Telephone: Fax: website: www.

TERMS OF REFERENCE FOR A COMMUNICATIONS CONSULTANT- SHORT TERM OAU- AU 50 TH ANNIVERSARY YEARLONG PROGRAMME

Addis Ababa, ETHIOPIA P. O. Box 3243 Telephone: ; Fax:

L Afrique Centrale. Introduction

Africa Week Concept Note. High-level Panel Discussion

Draft Concept Note for Intergenerational Dialogue

AFRICAN UNION OBSERVER MISSION TO THE PRESIDENTIAL ELECTION OF 17 JULY 2016 IN THE DEMOCRATIC REPUBLIC OF SÃO TOMÉ AND PRINCÍPE PRELIMINARY STATEMENT

PRE-ELECTION STATEMENT OF THE AUEOM TO THE 2015 PARLIAMENTARY ELECTIONS IN THE FEDERAL DEMOCRATIC REPUBLIC OF ETHIOPIA

EXECUTIVE COUNCIL Twenty-Seventh Ordinary Session 7-12 June 2015, Johannesburg, SOUTH AFRICA EX.CL/896(XXVII) Original: English

HONORARIA FOR MEMBERS OF THE PAU COUNCIL PROPOSAL PRESENTED BY THE TECHNICAL TEAM ESTABLISHED BY THE COUNCIL DURING ITS INAUGURAL MEETING

Welcome Remarks by HE Dr. Nkosazana Dlamini Zuma Chairperson of the African Union Commission. to the

Concept Note. Africa s Year of Human Rights with a particular focus on the Rights of Women: Opportunities & Challenges

Addis Ababa, ETHIOPIA P. O. Box 3243 Telephone : Fax : website : www. africa-union.org

African Union Common Position on an Arms Trade Treaty

Open Session on the Nexus between Corruption and Conflict Resolution: The Importance of Promoting Good Economic Governance in Africa

DECLARATION OF THE 1 st PAN-AFRICAN CONFERENCE ON COLLABORATION BETWEEN THE JUDICIARY AND INDIGENOUS/HOME-GROWN COMMUNITY JUSTICE INSTITUTIONS

OPENING REMARKS BY HIS EXCELLENCY SMAIL CHERGUI, COMMISSIONER FOR PEACE AND SECURITY AT THE

17 th AFRICAN WOMEN S PRE-SUMMIT CONSULTATION ON GENDER MAINSTREAMING IN THE AFRICAN UNION. January 24-26, 2011 Addis Ababa, Ethiopia

United Nations Economic Commission for Africa (ECA) A. INTRODUCTION

AU.COMMIT Campaign on Combating Human Trafficking

UNIÃO AFRICANA P. O. Box 3243, Addis Ababa, Ethiopia Tel.: (251-11) Fax: (251-11)

ASSEMBLY OF THE UNION Sixteenth Ordinary Session January 2011 Addis Ababa, ETHIOPIA Assembly/AU/15(XVI) Add.

Can Africa Trade Itself Out of Poverty?

Preliminary Statement

PROTOCOL ON THE AFRICAN MONETARY FUND

REPORT ON THE ACTIVITIES OF THE PRC SUB-COMMITTEE ON REFUGEES, RETURNEES AND INTERNALLY DISPLACED PERSONS: JANUARY JULY 2010

AFRICAN UNION ELECTION OBSERVATION MISSION TO THE NATIONAL ASSEMBLY ELECTIONS IN THE REPUBLIC OF THE GAMBIA HELD ON 6 TH APRIL 2017

Elton Jangale, Cape Town, 19 August 2016

UNIÃO AFRICANA Addis Ababa, Ethiopia, P.O. Box: 3243 Tel.: (251-11) Fax: (251-11)

THE AFRICAN UNION APPROACH TO THE RIGHT TO NATIONALITY IN AFRICA

AFRICAN UNION ELECTION OBSERVATION MISSISON TO THE 3-4 AUGUST 2017 PRESIDENTIAL ELECTION IN THE REPUBLIC OF RWANDA

Minnesota Council on Foundations. Policies and Procedures for Government Relations and Public Policy. MCF Board Approved March 12, 2013

Towards the Launch of the African Continental Free Trade Area

SPECIALIZED TECHNICAL COMMITTEE ON AGRICULTURE, RURAL DEVELOPMENT, WATER AND EVIRONEMENT

Ten Years On: The African Union Peacebuilding Framework & the Role of Civil Society

Presentation by Ms. Carolyne Tumuhimbise Trade Advisor, Department of Trade and Industry, African Union Commission

OUTCOME STATEMENT THE SOUTHERN AFRICAN WOMEN MEDIATORS SEMINAR (SAWMS)

WCO ORIGIN CONFERENCE 2017

Addis Ababa, ETHIOPIA P. O. Box 3243 Telephone: Fax: Website: www. africa-union.org

Coordinating Tripartite RCA in Africa COMESA, SADC, and EAC

STATEMENT BY THE CHAIRPERSON OF THE AFRICAN UNION COMMISSION, DR. NKOSAZANA DLAMINI-ZUMA

Addis Ababa, ETHIOPIA P. O. Box 3243 Telephone: Ext. 255 Website:

Fact Sheet No.3 (Rev.1), Advisory Services and Technical Cooperation in the Field of Human Rights. Introduction

SUBMISSION FOR UGANDA S UNIVERSAL PERIODIC REVIEW

Peacebuilding Commission

European Parliament resolution of 19 May 2010 on the Review Conference on the Rome Statute of the International Criminal Court, in Kampala, Uganda

25 26 January 2007 Addis Ababa, ETHIOPIA EX.CL/301 (X)Rev.1

Addis Ababa, Ethiopia, P.O. Box: 3243 Tel.: (251-11) Fax: (251-11)

Addis Ababa, ETHIOPIA P. O. Box 3243 Telephone: ; Fax:

Transcription:

AFRICAN UNION UNION AFRICAINE UNIÃO AFRICANA Addis Ababa, Ethiopia P. O. Box 3243 Telephone: (+251) 11 5517 700 Fax: (+251) 11 5511299 Website: www.au.int CONCEPT NOTE CONSULTATIVE WORKSHOP TO ENGAGE TRADITIONAL AND INFORMAL JUSTICE STRUCTURES AND JUDICIARY TO PROMOTE THE RULE OF LAW IN EASTERN AFRICA 13 to 15 September 2017 KAMPALA, UGANDA DEPARTMENT OF POLITICAL AFFAIRS 1

I. CONTEXT The importance of Constitutionalism and Rule of Law remains primordial in entrenching a culture of democratic governance on the African continent. This vision is also echoed and strengthened by the African Union Shared Values instruments which also form the pillars of the realisation of the vision the African Union- that of a peaceful Africa, prosperous, integrated and driven by the people, as highlighted in Agenda 2063. The concept of rule of law encompasses; creating strong institutions with constitutional limits on power, promoting and protecting human rights, creating effective electoral systems, commitment to gender equality, protection of minority and vulnerable groups and creating a space to foster a strong and vibrant civil society. 1 Adherence to the Rule of Law is essential to a thriving democracy where governments and citizens are equal and accountable under the law. As a key stakeholder in promoting and upholding the rule of law in the country, the judiciary is tasked with the role of promoting adherence to the rule of law and constitutional order. It ensures compliance with the limitations of power placed on state organs by the constitution, fair and equitable adjudication of disputes and protection of human rights. 2 Because of the judiciary s role in promoting the adherence to rule of law, the African Charter on Democracy, Elections and Governance recognises the judiciary as a guarantor of constitutionalism and rule of law and encourages member states to protect the independence of the judiciary. It is also recognized that traditional justice mechanisms also help to promote justice to several segments of the population who do not have access to courts easily. The entrenchment of constitutionalism and rule of law as stipulated in the ACDEG, aims to contribute to the institutionalization of a democratic culture in Africa. The values of constitutionalism and rule of law are strengthened by an active participation from the citizens on all levels ranging from political to economic. Good governance thus embodies the proximity with citizens to be able to have a voice in the decision making of their countries. On the African continent and especially in the Eastern African region, there has been a growing interest on issues of constitutionalism, rule of law and justice and this can be demonstrated by an increased interest in the regional treaties which the Regional Economic Communities have also been pushing for. The entrenchment of constitutionalism, rule of law and justice is both a matter of duty and rights for any citizen. These civic rights and responsibilities are also based on the assumption that people participate effectively and that their voices are taken into account on issues that have a direct bearing on their lives; that public actions or decisions taken by government are managed in a transparent, efficient, responsible and fair manner while abiding by the rules. Thus this brings us to the concept of the collaboration between the 1 Cordenillo R, Sample K (2014) Rule of Law and Constitution Building, Stockholm, International IDEA 2 Thoko K. 2004, SADC and Human Rights: Fighting Human Rights into the Trade Matrix, African Security Review V13 No. 1 pg. 109-117 2

formal and the informal justice structures as being key stakeholders in the maintenance of Law and Order and the civil society organisations, as being the bridge between the two institutions. Last but not least, to highlight the collaborative mechanisms between the judiciary and informal justice structures in Africa, there are the peace-making circles, which already form part of traditional justice mechanisms among native communities in Europe, Asia, and Africa, have been developed to deal with offences within the criminal justice system. Peace-making circles complement the formal justice system, but are mainly conducted in an informal manner with the participation of all parties and the entire community. 3 These circles focus on communal rather than individual healing, and are guided by peace-makers who draw knowledge from traditional narratives, customs and norms. 4 The Gacaca courts passed orders of community service which were intended to provide perpetrators with opportunities to take active responsibility for the crimes they committed. Unfortunately, it was overshadowed by concerns about proportionality of punishments to the crimes committed, and fears of reprisal. Moreover, the Gacaca courts were primarily modified with punitive measures and punishments, the application of which was limited by arbitrary arrests, the rejection of evidence or witnesses for the accused, partiality of judges towards victims, and false testimonies, among others. The Gacaca model presents an example as to how traditional justice processes could be modified with punitive measures, and the limitations of such modifications in establishing accountability. II. JUSTIFICATION This consultation involves the efforts of the Department of Political Affairs of the African Union Commission, supported by Intergovernmental Authority on Development (IGAD) and the East African Community (EAC) and it is designed to engage civil society organizations, judges and representatives of traditional justice structures in the importance of constitutionalism and rule of law, through focusing on the values of constitutionalism and Rule of Law as enshrined in the ACDEG. This consultation involves implementing the recommendations of the Dakar meeting held in April 2014 which aims to create a good synergy between the various actors on the national level to establish a structural dialogue for promoting and monitoring the implementation of the ACDEG while strengthening constitutionalism and rule of law. Furthermore, a consultative meeting held with the civil society organizations and the media in July 2015 in Abidjan, Côte d'ivoire to promote the ratification and implementation of ACDEG in West Africa highlighted the important role played by parliaments in promoting values of Constitutionalism and Rule of Law in their capacity as legislators. Recommendations were also made for more consultations with 3 Human Rights and Traditional Justice Mechanisms in Africa, UNCHRC Report, 2013. 4 Traditional Justice and atrocities by child soldiers in Uganda 3

parliaments at regional levels to better understand their respective realities in promoting rule of law and constitutionalism. In the recent past, parliamentarians through the Pan- African Parliament have showed how important is the role of parliaments in the signing and ratification of legal instrument, in helping accelerate the signing and ratification of the ACDEG, especially with the campaign "11 by 2011" that allowed the ACDEG to enter into force in early 2012. Additionally, a consultation with PAP, Regional Parliaments and Members of the Judiciary held in December 2015 in Midrand, South Africa, while discussing ways to address the fundamental challenges faced in fulfilling the three traditional functions of parliaments in advancing constitutionalism (law making, representation and ensuring accountability through oversight) called for such dialogue with national parliamentary, judiciaries and traditional justice mechanisms. The current consultation is partly a response to these calls and is part of a series of regional consultations that will be held throughout 2017-2018. Furthermore, in line with Aspiration 3 of Agenda 2063, which aims at having a continent where there is respect for the rule of law, human rights, this meeting with the representatives of judiciary and traditional justice mechanisms comes in at a timely moment as they remain a key stakeholder in the promotion of the rule of law. In recognition of the vital role played by the formal courts and the traditional courts in upholding and strengthening the rule of law, the Constitutionalism and Rule of Law cluster in line with its mandate, seeks to embark on a process of building capacity for the judiciary by engaging the Judiciary in Eastern Africa on the issue of Rule of Law and Justice Reform. This meeting will thus also set the pace for other regional workshops with members of the judiciary in the field of promoting constitutionalism and rule of law. III. OBJECTIVES In line with the mandate of the Constitutionalism and Rule of Law Cluster, This consultative meeting seeks to explore and examine the relationship between the formal courts and traditional justice systems while examining the similarities between traditional and international justice and analysing the challenges of codifying traditional justice systems into national laws. It more specifically aims to Engage and inform stakeholders (Member States, agencies and organs of the African Union, Regional Economic Communities, judges, civil society, traditional justice mechanisms) for the importance and urgency of the entrenchment of constitutionalism, rule of law and justice. Providing opportunity for experience sharing among the different justice structures of the Member States on the promotion of the rule of law. 4

Enhance both horizontal and vertical accountability systems, civil society legislator engagement to help develop a new political landscape both nationally and regionally; Strengthen the quality of national and regional-level policy debates and decisionmaking processes in terms of justice structures; Ensure connections and dialogues between judges and their grassroots constituents; IV. EXPECTED RESULTS The main expected outcomes of the consultation include: A renewed opportunity for experience sharing among the different justice structures of the Member States on the promotion of the rule of law provided. The quality of national and regional dialogues between judges, Civil society and grassroot traditional justice mechanisms enhanced. A renewed commitment of States Parties to implement the ACDEG to promote Constitutionalism and Rule of Law and take the necessary steps in this process; V. PARTICIPANTS This meeting will be attended by representatives of national and regional judiciaries and representatives of grassroots level organisations/traditional and informal justice structures, the RECS such as the IGAD, the PAP as the Chair of the AGA, African Union Commission, the African Union Organs, Experts in Constitutionalism and Rule of Law, representatives of civil society, think tanks and other organizations. VI. COORDINATION The meeting will be coordinated by: Mr. Calixte Aristide Mbari, Ag. Head of Division, Democracy, Governance, Human Rights, and Elections at the Department of Political Affairs: Tel. 00 251 115182611/Mob. 00 251 913361605; MbariC@africa-union.org, mbaricalixte@hotmail.com. The supporting officers are Ms Darsheenee Singh Raumnauth, RaumnauthD@africaunion.org; darsheenee@gmail.com and Mr Patrick Olivier Gnonsekan, Gnonsekan1@gmail.com; GnonsekanP@africa-union.org The dates of the meeting are from 13 to 15 September 2017. VII. METHOLODOGY The workshop seeks to bring together EAC and IGAD states Representatives of the Judiciary, representatives of the bar, representatives of civil society and traditional justice mechanisms/institutions, RECs and AU organs. Attendees will participate in a collaborative, interactive, fast-paced and hands-on overview of the state of Rule of Law and Justice Systems in the EAC region. The challenges encountered in promoting Rule of Law and Justice Reform will be discussed and the dialogue will seek to establish the 5

steps which should be taken to transform the justice sector. The dialogue will combine plenary presentations and discussions with small working group sessions. The meeting will be conducted in English and French. VIII. WORKING DOCUMENTS: The following documents will be used as the working documents for the consultative workshop. The African Charter on Democracy, Elections and Governance; The African Charter on Human and Peoples Rights; Reports of the previous meetings Any other relevant document. 6

7