John Forsyth: Independence and solidarity amid Uganda get-together

CONFIDENCE in the rule of law is one of the essential foundations of stability and prosperity in most societies. One of the perennial conundrums, however, is that stability in most societies, other than dictatorships, is created by confidence in the rule of law.

While cynics may wonder precisely what senior judges do during the long summer holidays, a significant number of judicial passports are being looked out for the 16th triennial Commonwealth Magistrates’ and Justices’ Association (CMJA) conference in Uganda next month. More than 250 delegates are expected to attend from all parts of the world.

The theme of the conference is Justice For Everyone: Myth or Reality?

Lord Hope, Deputy President of the UK Supreme Court, is a keynote speaker on “judges ought to be active referees, and not mere spectators”. The Lord President, Lord Gill, will be speaking in a session on “judicial independence is the precursor to justice 
for everyone”.

There has been strong Scottish involvement with the CMJA throughout its history. Retired sheriff Douglas Allan is chairman of the conference steering committee.

Established in 1970 as a network of 
magistrates throughout the former British colonies of sub-Saharan Africa, the association has broadened its membership to include judges throughout the Commonwealth and to admit senior judges from its member jurisdictions.

Its stated aims are: to advance the administration of the law by promoting the independence of the judiciary; to advance education in the law, the administration of justice, the treatment of offenders and the prevention of crime within the Commonwealth; and to disseminate information and literature on all matters of interest concerning the legal process within the various countries comprising the Commonwealth.

The overarching vision of the association was drawn up in its Victoria Falls Declaration in 1994 stating its belief that the rule of law can only be observed if there is a strong and independent judiciary sufficiently equipped and prepared to apply such laws.

The reality is that in many member jurisdictions, the judiciary is in a constant struggle to assert and maintain its independence.

“It goes with the job in almost every jurisdiction,” said Douglas Allan, “that governments don’t really like judges who won’t let them have things all their own way and are prone to question their right to apply the law independently. But in some jurisdictions judges are in personal danger or lack public support. The triennial CMJA conferences and the smaller meetings in the intervening years are good for what you could call solidarity and support.”

Lord Hope, a strong supporter for 25 years since his term as Lord President, said: “The conference is essentially a meeting between judges, sharing dialogue about training, insight into issues that are common in all jurisdictions and reinforcing the importance of independence. That is particularly important in smaller jurisdictions – it has to be understood both by judges and governments.”

The Chief Justice of Uganda, Benjamin Odoki, will be hosting the three-day gathering. Approaching retirement from the post he has held during some troubled times in his country, Mr Justice Odoki clearly wants the event to impress the public and politicians at home, as well as to engage with judicial colleagues from around the world.

“It is important to demonstrate to people within Uganda that its judiciary is contributing to the Commonwealth discussion on law, identifying the common values that build confidence in the law in every country, and making linkages with judges from other jurisdictions and that they are respected by judges from other jurisdictions,” he said. “The conference will also highlight for our visitors the restoration of the rule of law in Uganda that has contributed to peace and growing prosperity.

“Every country must grapple with access to justice for the poor and the vulnerable, as well as establishing the stability that allows companies to feel confident that they can do business here.”

Uganda is certainly enjoying better economic growth than most at the moment but it is only a few years since armed members of the Joint Anti-Terrorist Team surrounded the High Court demanding the arrest of an opposition presidential candidate.

Speaking last summer at the annual Southern African Chief Justices Forum in Kampala, Mr Justice Odoki criticised the interference by many governments in the independence of the judiciary by pressurising judges and, in particular, the refusal of some states to obey and enforce the decisions of courts. He has criticised the lack of funding for the courts in Uganda and for the staffing needed to deal fairly and quickly with cases brought before it.

In the intimidating atmosphere of private members’ proposals in the Ugandan parliament for further criminalisation of homosexuality, Odoki has spoken up for the values of tolerance, unity and respect for diversity of views in the Ugandan population, explaining that they are the cornerstones of building peace.

Looking back to the violence and destruction that wrought such damage in Uganda for the best part of two decades, Mr Justice Odoki prefers to emphasise the progress that has been made and looks forward to putting in place the next pieces of the jigsaw.

“We need better training for our judges. We need a better system of law reporting. And we need to improve relations with the media so the public can understand better the connection between national prosperity and the rule of law. You have to have confidence to build stability and stability builds confidence,” he said.

That is where the CMJA comes in. Its 14 sessions in three days represents an intensive educational exercise, including: “Are judges still dinosaurs: keeping up with technology in the law”, “Why are there still gender issues in the legal profession, the courts and the judiciary?”, “Justice for Children in conflict areas”, “Tackling the legacy of corruption” and “Post-genocide justice in Rwanda”.