(i) That Judges should be creative and should make maximum use of any available provisions of the Law that enables them to use International Instruments.
(ii) Judges should join institutionalise advocacy groups such as FIDA and Kenya Women Judges Association to collectively campaign or lobby for law reform that incorporate International standards of human rights.
(iii) Judges should participate in seminars and otherwise increase their knowledge and awareness on the modern International Trends.
(iv) Bulleting on Judgement in cases relating to International
human rights should be published and disseminated.
(iv) At individual level, Judges should use their conscience to ascertain whether their respective decisions render social Justice.

The Tanzanian perspective also acknowledges the slow pace of legislation and the disparity on a population to access Justice equally. The paper cites poverty and illiteracy as impediments to proper access to the Courts. Some legislations are also seen not to reflect social values but rather preoccupied with expediency and power politics with minimal protection to those who are politically powerless.

On the above basis, Judicial Activism is seen as the best avenue of availing Justice to the majority who may be otherwise unable to access it. The paper concludes by cautioning that at all times, the quality of Justice must be ensured by the Judiciary so that the legitimacy of Court decisions are not put into question even where these decisions are activist in nature. This quality in this view can be ensured by addressing and eliminating corruption, case delay, inconsistencies in Court decisions, exclusion of indigents from equal protection of the law.

On the contribution of the International Criminal Tribunal for Rwanda to the Promotion and Observance of International Humanitarian Law, the presenter cited the novel concepts introduced by that tribunal since the Nuremberg and Tokyo Tribunals which followed the first World War. It brought to the fore issues of rape and sexual violence in situations of armed conflict. Illustrating with the use of Akayesu case, the first ever Judgement by an International Court for the crime of Genocide, it was noted that the Judgement of the Case revolutionized the Jurisprudence on Sexual Violence in three ways: -

(i) It was the first time an individual had been convicted of rape specific crime under the rubric of crimes against humanity by an International Tribunal.
(ii) It was the first time in legal history that a definition of rape as a crime under International Law was provided.
(iii) It was ruled that rape was an act of genocide and thus a genocidal crime.

The paper further noted the co-operation of states with the Tribunal in its work is necessary and indeed mandatory under International Law. It further underscored the need for Judicial actors across Africa to embrace and engage themselves with the work of the ICTR and to apply its jurisprudence and larger meaning to various Jurisdictions in Africa.

On the rights of Refugees/Returnees, the paper noted the fact that the African region has had large movements of refugees crossing from one country to another yet the receiving states lack the requisite preparedness and resources to handle these refugees.

Very few countries in the region have codified refugee laws for domestic application and refugee issues are handled administratively, a fact which does not allow for appropriate application for the provisions of the relevant International Instruments.

The paper highlighted and exhorted the various parties concerned to: -

(i) Apply without reservation the provisions of the International and Regional Instruments in order to ensure that the rights of refugees are upheld.
(ii) Adopt gender sensitive approaches in dealing with refugees issues;
(ii) Encourage voluntary repatriation while working in the
restoration of peace in the country of origin and the creation
of conditions that would allow for resettlement and rehabilitation of affected persons.

On the paper on the African Charter for Human and People’s Rights, there was highlight on the historical evolution, the scope and limitation of the charter as well as its peculiarities that sets it apart from its International and Regional equivalents.

Two special features identified as being peculiar to the charter are the inclusion of people’s rights and a list of individual duties. The ideological foundations of the charter has been traced to the guiding principles underscored by the late president Senghor of Senegal. These were that the charter was to be based on African Civilizations and culture, African Conception of Law; African Socio-political factors and International normative standards of human rights. The primacy of the community other than the individual is part of the Charter’s cornerstone.

The charter is seen as embracing both universalistic and Relativistic approaches. It holds both the elements of universality and particularity on a dialectic of tension in a mutually reinforcing manner.

The charter regime of rights provides both a universalising framework and means of adjusting rights to local circumstances. It is believed that it is intended to facilitate pluralism without compromising essential principles. The paper further elaborated on the scope and limitations of the charted as it presently stands. It also underscored the need for good political will and support across the African continent for the true realization of the people’s rights.

Having seen and analysed the proceedings, it would suffice to look at the conferences outcome or the resolutions and recommendations.

OUTCOME

The various clauses and shortcomings of the African charter on Human and People’s Rights were identified, highlighted and suggestions made. A call was made here for the adequate protection of Women’s and Children’s rights.

On Judicial Activism, the slow pace of domestication of the International and Regional Human Rights Instruments by respective states was seen as a draw back. Judicial officers of the respective states in the region wee told that they are best placed to work toward the promotion of the observance of human rights in their respective national jurisdictions.

The Conference resolved to work toward the development of a regional human rights jurisprudence including putting in place a regional law reporting network enabling members and the Judicial officers to share ideas on the implementation of human rights norms at the national level.

They equally resolved to actively support and participate in foray which campaign for the entrenchment of human rights in national legislation for easier application in national Courts and other national institutions.

Among the recommendations, the following are worth noting: -

• Call upon Judicial officers faced with questions of human rights abuse/violations to act in conformity with the International and Regional standards as contained in the relevant International and Regional human rights Instruments.

• Call for the prevention of conflicts within national boarders; and urge states to desist from supporting insurgency against neighbouring or other states.

• Urge that the governments endeavour to nominate Women Judges to sit on the bench of ad-hoc tribunals around the World.

• Call for the domestication of the provisions of the charter at the national level for effective implementation.

• Urge states to adopt and subsequently ratify the proposed additional protocol to the African Charter of Human and People’s Rights to address the specific concerns for women.

• Call upon Judicial authorities to put in place law reporting mechanisms regionally and nationally to enable circulation of progressive Judgements to influence decisions that will enforce women and children’s rights.

The conference also urged for the setting up of institutional structures at both regional and national levels to enable implementation of children’s rights more effectively.

All these recommendations and resolutions were important steps in the right direction in institutionalising the Rule of law and in the protection of the rights of the vulnerable groups in society.

IMPACT OF THE CONFERENCE

Besides the handing over of the Regional Co-ordinatorship from the Deputy Chief Justice of Uganda Mrs Laetitia Mukasa-Kikonyogo to the Hon. Lady Justice Joyce Aluoch of Kenya, the conference gave an opportunity for Women Judges and other male stakeholders in the dispensation of Justice an opportunity to share experiences and compare and contrast the environments under which they work. This handover gave Kenya an opportunity to serve as the regional
coordinator of the programmes of the International Women Judges Foundation.

The conference offered an opportunity for the Judges to critically scrutinize the legal provisions and the discrepancy between the Law and actual practice. Their recommendations are likely to have a far-reaching impact nationally and regionally.

The conference also enabled the Women Judges to take a centre stage in the protection of people’s rights and more particularly the rights of the disadvantaged and vulnerable groups in society.

Gauging from the speeches and attendance, the conference came at the right time/moment going by transitions sweeping across Africa. The need to do things in the right way with respect to the unfolding economic, social and political environment.

CONCLUSION

In a nutshell, the conference was an extensive success and everything was done according to plan. This conference acted as a platform upon which we will draw heavily as we prepare for the VI conference of the International Association of Women Judges to be held in Dublin.

We sincerely thank all our sponsors among them the Ford Foundation without which the conference would not have been a success. We equally thank our governments and the Judiciary for the support we received during the preparation and the actual conference. We sincerely hope to create a long listing partnership that is unparalleled.

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