 |
| |
| Fast Facts: |
| Project
document and reports available
upon request |
| Location: |
Khartoum,
Kassala ( Wad El-Hilew), S. Kordofan
(Talodi), Blue Nile (Rosseris) |
| Duration: |
August
2006 - June 2009 |
| Focus
area: |
Democratic
Governance |
| Donors: |
Multi
Donor Trust Fund
Government of National Unity
|
| Total
Funds Available: |
US$
18 million |
| Partners: |
National
Judiciary |
| Delivery
for 2007:
|
US$
1,267,651.13 |
| Contact
person in UNDP: |
Toby
Bonini, Programme Officer
toby.bonini@undp.org
|
|
Background
The Sudan Judiciary is composed of separate
hierarchies for civil matters and shari’a
(Islamic Law) matters. The lowest level
courts are Town Benches and District
Courts. Their decisions may be appealed
at the Province Courts, which have jurisdiction
over cases concerning companies, trademarks,
business names, bankruptcy, and the
personal status of non-Muslims. There
are Courts of Appeal in each provincial
capital, and the Supreme Court or Court
of Cassation serves as the final court
of appeal.
The Constitutional Court was established
in 1998 to determine the constitutionality
of laws, hear cases of individual
citizens’ rights guaranteed
by the constitution, and rule between
different courts on matters of jurisdiction.
With the signing and implementation
of the Comprehensive Peace Agreement
(CPA), and the adoption of the Interim
National Constitution (INC), Sudan
entered an important transitional
phase in which the National Judicial
Service Commission (NJSC), a new body,
is mandated to undertake the overall
management of the national judicial
system. This also includes the coordination
of the relationships between judiciaries
at the National, Southern Sudan and
State level, as well as the approval,
appointment and dismissal of judges.
Headed by the Chief Justice of Sudan,
the NJSC replaces the current High
Judicial Council as a new entity responsible
for the selection, appointment, promotion,
discipline and dismissal of judges
and justices. In view of the ongoing
legal and judicial reforms, it is
hoped that the Judiciary will be instrumental
in translating the principles and
promises of the peace agreement and
the INC into tangible realities in
post-conflict Sudan.
In order to help implement the CPA,
and effectuate the mandate of the
INC - including the establishment
of the NJSC, significant work needed
be done to strengthen the Judiciary’s
legal, technical, and operational
capacity. Consequently, in August
2006, the Ministry of Finance, the
World Bank, and UNDP launched the
Capacity Building of the Sudan Judiciary
project. This US$18 million project
is a large programme designed to improve
the capacity of an independent Judiciary
in Sudan.
Objectives
The project’s main objective is
to strengthen the capacity of the Judiciary
to: enhance its independence; build
the knowledge-base of judges; and empower
the judiciary to effectively and fairly
apply the law and deliver justice.
To this end, the specific objectives
of the project are:
• Build the capacity of the
NJSC to deliver services in the Governance
and Rule of Law Sector based on judicial
independence, impartiality, transparency,
and international standards.
• Build the capacity of the
Judiciary (at the central and state
levels) to implement and integrate
commitments to the rule of law, under
the CPA, through comprehensive judicial
training and by creating a pool of
qualified national trainers and appropriate
training curriculum.
• Ensure the sustainability
of the transfer of knowledge through
the establishment of a National Legal
Training and Resource Centre and the
rehabilitation of the Judiciary’s
existing training facility.
• Improve the delivery of judicial
services by rehabilitating selected
court facilities.
Snapshots of the project's major achievements
• 12 judges sent to 3 study tours
in Germany (March 06), South Africa
(May 06) and India (August 06). In each
of these countries, the delegation included
one deputy judge leading the tour, two
Supreme Court judges and one judge from
the Government of Southern Sudan. The
tours were designed to provide the judges
with a broader judicial understanding
of relevant comparative international
legal experiences. In addition these
tours allowed them to observe and study
the judicial procedures of different
decentralized models.
• Furnished and rehabilitated
13 offices for the National Judicial
Service Commission (NJSC) and supplied
them with 50 computers.
.• Trained 50 judges (11 female
and 39 male judges) in "Legal Analysis
Skills" and 13 judges were selected
to receive further training as trainers
of trainers (TOTs).
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