SUMMARY REPORT ON THE PROCEEDINGS OF THE SECOND AFRICA REGIONAL CONFERENCE FOR WOMEN JUDGES

Resolutions and Recommendations of The Second Africa Regional Conference for Women Judges - 150 kb

Resolutions and Recommendations of The Second Africa Regional Conference for Women Judges - 238 kb

HOLIDAY INN NAIROBI, KENYA
6TH - 8TH AUGUST, 2001

THEME OF THE CONFERENCE

APPLICATION OF INTERNATIONAL AND REGIONAL INSTRUMENTS AT NATIONAL LEVEL

The Report consists of the following parts:
1. Purpose of the conference and Participants
2. Proceeding of the Conference
3. Outcome of the Conference
4. Impact of the Conference and Conclusion

1. PURPOSE OF THE CONFERENCE AND PARTICIPANTS

The 2nd Africa Regional Conference for Women Judges was a three days Workshop held between 6th – 8th August, 2001 in Nairobi, Kenya. It was a follow-up to the 1st one held in Kampala – Uganda in 1996.

This conference brought together about 60 delegates from seven African Countries (Liberia, Uganda, Tanzania, Zimbabwe, Cameroon, Nigeria, and Kenya as the host). It brought together the main players concerned with the actual on the ground implementation of human rights provisions as contained in International and Regional Conventions/ treaties and domesticated by individual country’s various jurisdictions.

The theme of the conference in the words of the outgoing regional
coordinator Deputy Chief Justice of Uganda Mrs Laetitia Mukasa-Kikonyogo, was conceived at the regional meeting in Argentina in May 2000 following the observation of some members that there was a dire need to promote and incorporate International human rights instruments in our legal systems and to apply them in our courts.

The theme of the conference was a direct acknowledgment that there existed a disparity between the ratification of the various regional as well as International Instruments and the actual on the ground implementation of the said instruments at the National Levels. The conference deliberated on how to actually operationalize the various internationally ratified documents for the benefit of the citizenry and for the good of the Judiciary with respect to its efficiency and affectivity.

There was also a need for the Judiciary which is charged with the responsibility of the administration of Justice to take a lead role in the process of human rights protection and the proper enjoyment of human rights by the people in their respective countries without having to wait for legislative manoeuvres. It is a firmly held belief/opinion that the judiciary is at a better position to enforce the human rights enjoyment by the people whose rights may have been trampled on. This is particularly true if the particular case of human rights abuse is brought before the courts of law.

2. CONFERENCE PROCEEDINGS

The conference was organized in such a way that particular experts presented papers on chosen topics relevant to the theme and the rest of the participants later debated on the same before suggestions and recommendations were adopted.

The range of topics discussed showed the seriousness by which this three days’ workshop was of fundamental importance. The following papers were presented from across the African Continent: -

(a) The African Charter for Human and People’s Rights: A case for Implementation.
(b) Judicial Activism as a tool for promoting human rights.
(c) The Impact of the International Criminal tribunal for Rwanda (ICTR) in the Promotion and Observance of International Humanitarian Law.
(d) The rights of Refugees/Returnees.
(e) Children and Armed Conflict.
(f) Women and Armed Conflict
(g) The convention on the Rights of the Child Versus the African Charter on the Rights and Welfare of the Child: A Comparison.

From the list of topics discussed, one can easily discern a general pattern where emphasis was placed on the rights of the vulnerable groups in society i.e. children, women and refugees/ Returnees. It is also worth noting that most discrimination, subordination and subjugation on the African continent have been culturally explained. It was therefore, very important that the conference considered the cultural peculiarities of the African environment in their deliberations.

During discussions and deliberations, among the emerging issues under the topic “Children and Armed Conflict”, it was observed that despite the fact that almost all countries in the region have legislation that prohibit the recruitment of child soldiers, there still existed a yawning gap between the law and practice.

Lack of adequate rehabilitative services for children who have served as child soldiers or who have been subjected to other ills associated with armed conflict was identified as a matter of concern. This discussion ended with an unequivocal call for definite measure to prevent armed conflicts where possible and to end the use and abuse of children in war in all cases.

With respect to Judicial Activism, a topic that raised more questions than answers, it was noted that for the enjoyment of human rights to be effectively availed t the people, there is need for the courts of law to be creative and reformative in situations where the written law is absent or proves inadequate in availing social justice to the people. In his speech, Kenya’s chief Justice Hon. Justice Bernard Chunga had challenged the conference on what in meant by “Judicial Activism.” He posed the following questions to the participants: - where is the forum for it; is it in the Courts or outside the Courts? Depending on the forum, who are the players? Is it the Court, the lawyers, the litigant or the bystander legal scholar? What is its effect in the administration of Justice and Rule of Law?

Citing Uganda’s experience, it was noted that the time taken for enactment of laws by parliament is at times too long and delay-some. There is need therefore, for courts to adopt Judicial Activism to accelerate access to Justice through the use of Internationally accepted standards resulting from the various International Conventions.

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