First
South Asian Judicial Colloquium
on Access to Justice
New Delhi, 1-3 November 2002
At
the conclusion of the Colloquium all participating judges adopted
a Concluding Statement on the role of the judiciary in delivering
access to justice and in undertaking judicial education initiatives
in this regard:
1.
A group of 40 judges from across South Asia, together with lawyers
and academics, met in New Delhi over the past two days to consider
and discuss the challenges facing our judiciaries in delivering
access to justice, in particular to the poor and marginalised
sectors of society, and the need to strengthen judicial independence
and integrity.
2.
This meeting is the first in a series of judicial colloquia
within the region, and begins a process of dialogue among judges
focused on the issue of access to justice in a context of poverty
and disadvantage. This dialogue aims to:
2.1
exchange information and experiences among judges on how to
enhance access to justice in our national courts;
2.2
familiarise judges with new and innovative jurisprudence emerging
from within the region and elsewhere which is of particular
relevance to the needs of developing countries and to delivering
access to justice for the poor and disadvantaged, in particular
women and realising the goal of reducing poverty;
2.3
learn from each other regarding practical strategies and innovative
practices to secure human rights and access to justice within
South Asia;
2.4
consider how to apply developments in international and regional
standards on human rights and access to justice within our
courts.
3.
We hope that the process we have begun will enable each of us,
in our respective jurisdictions, to contribute to:
3.1
Setting up a process for ongoing interaction between judges,
including through setting up a clearinghouse of information
-- within each country and across the region -- to enable
exchange of views, case law and experiences, particularly
on strategies to expand access to justice for the poor and
disadvantaged;
3.2
Developing stronger caselaw addressing issues relating to
poverty and inequality;
3.3
Identifying, adopting or strengthening innovative methods
of improving access to justice for the poor and disadvantaged;
3.4
Responding to the changing economic and social conditions
in each of our countries, and the challenge of protecting
rights within this context; and
3.5
Enabling closer interaction and links between the judiciary
on the one hand and academics, lawyers and NGOs representing
the interests of the poor and disadvantaged, on the other,
to inform the judgments of the former and the strategies of
the latter.
4.
In order to enable these changes to be made we need to decide,
now and in a very focused way:
4.1
How to develop an understanding of access to justice from
the point of view of the poor -- we need to think about whom
we seek to reach, the kind of services that we provide through
the justice system and their quality;
4.2
How to take forward this learning and information into our
own spheres of influence;
4.3
How to make available to judges cases and materials on --
access to justice in national courts and institutions from
our region and beyond; and finally,
4.4
How and what steps to take to strengthen the independence
and integrity of the judiciary wherever it is threatened,
not only in South Asia, but across the Commonwealth?
5.
We are agreed as a group that we will take necessary steps:
a)
to create opportunities for dialogue among judges -- within
each country and between different levels of the judiciary,
and at a sub-regional level -- to consider the specific problems
faced by poor and marginalised groups, in particular women,
in accessing justice;
b) while retaining the emphasis on enabling judicial dialogue,
to invite selected lawyers, academics, other practitioners,
including forensic experts, and NGOs with experience in efforts
to address the causes and effects of poverty or to deliver
access to justice to the poor and disadvantaged, to share
with us their experiences of the practical realities of obtaining
access to justice;
c) to facilitate the collection, translation and dissemination
of relevant cases and materials and information on innovations
for access to justice (including through email and a website)
by CHRI and INTERIGHTS, and the establishment of a clearinghouse
for this purpose;
d) to encourage studies in our courts to pinpoint the practical
and the legal barriers to access to justice for the poor and
disadvantaged, in particular women, and to identify the extent
to which even positive judgments may not be effectively implemented.
While there is a general understanding of the difficulties
of implementation, we have little evidence to demonstrate
the particular problems faced by the poor and disadvantaged
groups;
e) to develop effective ongoing and sustainable judicial education
and awareness programmes focusing on access to justice - including
gender sensitisation programmes -- for the superior judiciary,
subordinate courts and magistrates, and other tribunals at
regional, national , sub-national or local levels, including
where possible by contributing to development of the curriculum
of existing judicial training programmes or judicial training
institutes ;
f) to develop a database of information regarding best practices
in each jurisdiction in delivering access to justice for the
poor and disadvantaged;
g) to include within any dialogues or training programmes
consideration of case management, court management, criminal
and civil procedures and family law, and legal aid, as relevant
and to incorporate diverse educational techniques for this
purpose;
h) to convene a regional colloquium after two years and prior
to that to hold a national colloquium in each country:
i)
to review the changes which we have been able to make in
our respective courts;
ii) to see whether we have found ways to increase access
to justice for the poor, for human rights survivors and
vulnerable groups, in particular women.
Our
initiative here may be a drop in the ocean, but it is an initiative
that we need to take urgently, as individuals and institutions
charged with the defence of constitutional rights, and by working
in collaboration with each other nationally, regionally and
internationally, in order to develop ways and means to improve
the quality of justice for the poor and disadvantaged within
our countries.
