Good Governance for Development in The Arab Countries: Reform Themes: Role of the Judiciary and Law Enforcement

UNDP-POGAR: Programme on Governance in the Arab Region

Ministry of Justice - Hashemite Kingdom of Jordan

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Initiative on Good Governance for Development (GfD) in the Arab Countries: Reform Themes

This Framework for Policy Dialogue includes priority issues gleaned from international experience in order to serve as a guide for policy discussion. Working Groups in Arab countries may find them useful; countries may change or add their own priority issues.

See also the Results and Recommendations of this Panel's meeting during the Dead Sea Conference 6-7 February 2005.

Theme 5: Role of the Judiciary and Law Enforcement
The reform of the legal system is recognized as an essential component of good governance. Recently some Arab countries have initiated the review of existing laws with a view to modernizing those laws that govern business transactions, civil affairs and human rights and the rights of women in particular. The objective is to weed out archaic and unnecessary laws and replace them with new laws that correspond to international standards. Globalization and the shift to market economy by most Arab countries have necessitated the introduction of new laws to facilitate the management of national economy, provide needed protection of private investment, both domestic and foreign, privatize public enterprises and respect and apply international conventions.

The reform however, should include more than just legal review and modernization. There are other important ingredients in the reform process. These include: the system of litigation, access to justice, safeguarding human rights in investigation and prosecution, modernizing the courts, introducing and utilizing information technology to increase transparency and facilitate access to information, the renovation of knowledge both for judges and magistrates, the training of court staff and administrative assistants. The issues of remuneration for judges, the enhancement of integrity and accountability and above all the independence of the judiciary, all need to be addressed if the reform is to take roots.

The ability to enforce the laws is another dimension of legal reform. Many laws remain dead letters for a number of reasons, including the lack of participation and consultation with key stakeholders. The gap between legal pronouncements and enforcement remains wide. The enforcement machinery may need to be overhauled and re-quipped with new tools, knowledge and skills. Integrity, transparency and accountability need to be ingrained into the enforcement process to increase credibility, instill the respect of the judiciary in Arab countries. The veracity of the legal system, the integrity, transparency and speed of litigation and the capacity for enforcing judgments are essential areas in the investor's assessment of the business environment.

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