Summary Presentation of the Progress in the Legal Sector and Protection of Human Rights

1. Summary Presentation of the Progress in the Legal Sector and Protection of Human Rights Tharcisse KARUGARAMA Minister of Justice November 23rd.11.2006

2. Justice: The Silent and Peaceful Queen: Least recognized but most powerful. “Justice is not everything But everything without Justice is nothing”

3. Content • Background • Core Institutions of the Sector • Justice Sector Priority areas as indicated in the 2005-2007 strategic plan • Areas covered by the strategic plan are; • Transitional Justice • Civil and Commercial Justice • Criminal Justice • Good Governance and Human Rights

4. Contd… • Law Making, Law Reform and Law Revision • Legal Services • Continuing Legal Education and Research • Coordination • ICT • In tackling the above, its very important to clearly understand; • where we are coming from, • where we are now and • where we are going.

5. Where we are coming from • Prior 1994 there was no independent and autonomous judiciary; • There was total fusion between the executive and the judiciary; • It was a period of repression and impunity; • Though in 1982 there were some judicial reforms conducted, after a transition period of 10years (i.e. April 1992) out of the 950 magistrates in place, only 32 were qualified and in the prosecution department, out of the 87 in place, only 18 were qualified;

6. Contd… • The targets set were not in conformity with the then education and recruitment system at the university. • The judges lacked professional qualifications to run a competent and efficient judiciary • The legal profession was never developed as a profession in the technical sense of establishing and implementing minimum academic qualifications, setting and enforcing professional standards; • After the 1994 genocide, the legal system was collapsed; Just death and destruction

7. Where we are now • We have embarked on a broad legal reform process. • The constitutional reform process set the line for radical judicial reforms. • The main objective of this reform was to increase performance in the judiciary, based on a new conception of its structures and procedures as well as on better-qualified magistrates and government employees of the justice system. • These Judicial reforms separated the Judiciary and the Prosecution Department from the executive.

8. Contd… • Parquet General and Supreme Court now enjoy financial and administrative autonomy • A number of Laws were also revised, these include; • Law modifying and complementing the no.13/04/2006 of 17/5/04 relating to the code of criminal procedure; • Organic law determining the organisation, powers and functioning of the superior council of the Judiciary. • Law modifying and complementing the law on the statutes for judges and other judicial personnel;

9. Contd….. • Organic law modifying and complementing the organic law determining the organisation, functioning and jurisdiction of courts. • Organic law modifying and complementing the law determining the organisation, powers and functioning of the prosecution service; • Law on the statute of public prosecutors and personnel of the public prosecution service; • Law establishing the organisation, functioning and jurisdiction of the supreme court; • Law modifying and complementing the law relating to the civil, commercial, labour and administrative procedure;

10. Where we are going. • There is still need to support the Judiciary to become a credible and performing institution. • Improve transparency , speed of trials and weed out corruption. • Our priority areas are; • Heightened and sustained action on advocacy for the rule of law and independence of the judiciary • Completion of the Gacaca process • Establish a permanent law reform commission which will act as Governments machinery for law making, law reform and law revision;

11. Contd… • Complete the reform of commercial laws and have commercial courts operational • Improve legal aid and access to justice by all • Need to strengthen and restructure the legislation department. • Need to strengthen and restructure the office of the Mandataire General (MGE). • Launch the Institute of legal practice and development. It will provide the personnel of the justice sector with professional training, on one hand and ensuring dissemination of laws and promotion of justice on the other hand

12. Contd…. • Build capacities of the “abunzi” (mediation committees) that resolve minor criminal and civil complaints, part of the latest effort to reduce the work load of conventional courts. • Deal with backlog of cases • Ensure that after the ICTR completion strategy, there is a corresponding strategy here in Rwanda and a smooth, effective and very successful transition from Arusha to Kigali. • Decongest prisons and guarantee good administration of justice. • Overall priority is to reinforce capacity in the above mentioned areas through on job and outside trainings.

13. THANK YOU