25 JULY 2024
Introduction
- The Africa Judges and Jurists Forum (AJJF) in partnership with Ivorian Observatory for Human Rights (OIDH) and Ivorian Human Rights Movement (MIDH) hosted a webinar on the 25th July 2024 to discuss the state of judicial independence in Francophone West Africa. The webinar focused on emerging threats and proposing solutions to enhance judicial independence in the region.
- The webinar was moderated by Mr. Clement Mavungu (Legal Counsel, Pan- African Parliament, Johannesburg, South Africa); Madam Abli Rachel Epse Abby (Member of Council, MIDH); and Mr. Christiano Ake (Chief of Project and Training OIDH). Mr. Martin Masinga (Secretary General, AJJF), delivered the welcome remarks.
- The panelists included:
- Judge William Kodjo-Kpakpassou, President of the Commercial Court of Appeal, Cotonou, Republic of Benin;
- Madam Prosecutor Afuakuma Nutifafa Klevo, Prosecutor, Criminal and Civil Tribunal of First Instance of Tsevie, Togo;
- Mr Brahima Coullibaly: Vice President, Ivorian Human Rights Movement (MIDH) and Advocate of the Cote ’d Ivoire Bar;
- Mr. Eric Aime Semien: President, Ivorian Observatory of Human Rights (OIDH)
- A total of 28 participants attended the webinar and these included judges, lawyers, representatives of civil society organisations and members of the general public.
- In West Africa, political interferences in the judiciary, particularly in the appointment and discipline of judges, is a significant concern. This issue is not confined to Africa but also affects other regions, including the United States and the United Kingdom, where the executive’s role in judicial appointment is crucial and this issue requires a complete analysis for it to be resolved.
- The national constitution of Francophone West Africa countries often inadequately supports judicial independence, particularly regarding the appointment, discipline and dismissal of judicial officers.
- There is notable weakness in the structure and effectiveness of institutions responsible for maintaining the balance of power within the judiciary.
- The state of judicial independence in Francophone West Africa has shown both strengths and weaknesses. While there have been advancements in securing judicial independence, significant vulnerabilities remain.
- Identified vulnerabilities that impact judicial independence in Francophone West Africa include instability in the rule of law, security crisis, weak public governance, inadequate judicial infrastructure, limited access to justice for remote or economically disadvantaged population, insufficient digitization, and pressure from various groups or personal biases.
- For the judiciaries in Francophone West Africa to be effective, they must operate independently of any external pressure or influences, underscoring the critical importance of judicial independence.
- The principle of judicial independence is enshrined in the rule of law and it is a direct result of the separation of power. Judicial power must be distinct from legislative and executive powers to function effectively.
- An effective legal system can only be secured where there is good governance and democracy. An independent judiciary is important to ensure an effective legal system by providing the checks and balances needed to strengthen democracy, promote accountability and protect individual rights and freedoms.
The following were identified as the key emerging threats against judicial independence in Francophone West Africa:
- Political interference in the judiciary: recent constitutional changes and executive action have undermined judicial independence in Francophone West Africa. There have been instances where the executive has influenced decisions of judiciary; such as overturning prosecutions or releasing perpetrators contrary to judicial proceedings.
- Democratic backsliding: Political instability such as coups, has led to the manipulation of constitutional judges under duress thereby compromising judicial independence
- Social Media Influence: The pervasive influence of social media can emotionally pressure judges, compromising their impartiality.
- Economic Interference: Multinational corporations can exert undue influence over judicial outcomes, threatening the independence of the judiciary.
- Constitutional Weaknesses: Provisions allowing for the removal of judicial officers under the guise of necessity can undermine constitutional guarantees of judicial independence, often influenced by the executive.
- Cyber-attacks pose a threat to judicial independence by potentially compromising judges’ personal data and exposing them to blackmail.
- The increasing use of Artificial Intelligence (AI) in court services might influence judicial decisions, potentially leading judges to conform to AI recommendations rather than exercising independent judgement.
- The power dynamics within the judiciary itself, such as prosecutors exerting influence over judges, can threaten judicial independence.
- Lack of execution of court decision due to bureaucratic hurdles or threat of imprisonment for executing decisions reveal systemic weakness that undermine the effectiveness of the judiciary.
The following solutions were proposed to address the threats against judicial independence in Francophone West Africa:
- National government, civil society and the judiciary should avoid undermining judicial impartiality, particularly in politically volatile situations such as coup and transitional regimes.
- National governments were called upon to provide independent budget for the judiciary, with legal mechanism in place to prevent control over judicial funding and resources by the executive.
- The public and judicial appointing authorities were called upon to ensure that appointment and removal of judicial officers was done transparently and free from executive influence.
- The judiciary, Bar Associations and civil society organisations were called upon to scrutinize judicial processes to ensure neutrality and prevent political compromises.
- The judiciary, Bar Associations and civil society organisations should foster a mindset that prioritizes democratic values and impartiality.
- National governments were called upon to create secure and professional environment for judges.
- National governments were called upon to implement systems that protect the judiciary from political and economic pressures.
- Judges were called upon to demonstrate courage and resist external pressures, upholding their independence and integrity in their judicial functions.
In conclusion, the webinar underscored the critical importance of safeguarding judicial independence in Francophone West Africa as the region grapples with various challenges impacting its judicial system, it is essential to foster a robust and impartial judiciary to uphold democratic values and the rule of law. The discussions highlighted the need for collective action from national governments, civil society and the judiciary to ensure that justice remains fair and free from external influences. By reinforcing the autonomy and integrity of the judiciary, Francophone West Africa can advance its legal system, promote accountability and protect the rights and freedom of its citizens.
For more information:
Martin Okumu-Masiga, Secretary General of AJJF, email: okumu-masiga@africajurists.org mobile: +256 753 954 308, Twitter: @mokumas
Dr. Justice Alfred Mavedzenge, Programs Director, email: justice-mavedzenge@africajurists.org Mobile: +27 79 388 9990, Twitter: @Dr_JAMavedzenge
Elizabeth Oriakhogba, Legal Advisor, AJJF, email: elizabeth.oriakhogba@africajurists.org Mobile: +234 813 128 8602, Twitter: @Leezy_O
Twitter @AfricanJurists | Web. https://africajurists.org | Facebook- Africa Judges and Jurists’ Forum.