The international judicial conference on Sunday urged all the stakeholders to work together to uphold the principles of the rule of law in Pakistan. This was stated in a declaration issued at the end of the three-day International Judicial Conference here on Sunday.
The declaration read out by the Chief Justice Iftikhar Mohammad Chaudhry recognised that Pakistan requires an objective mechanism to measure its adherence to the rule of law.
It declared that both the terrorism and money laundering constitute grave threat to civilised nations throughout the world. The declaration said that Pakistani laws dealing with these issues should be brought in conformity with international standards.
It emphasised that Pakistan should seek to strengthen its bilateral legal assistance arrangements with various countries to ensure better co-ordination‚ information-sharing‚ timely and effective provision of support from the relevant law enforcement agencies.
The declaration said that a Judicial Commission on Gender Equality and Judicial Empathy be established and a code of conduct on gender awareness subjects be included in the curriculum of law colleges.
Earlier, addressing the conference Chief Justice Iftikhar Muhammad Chaudhry said that rule of law was vital for the society. He said after restoration of judiciary entire focus shifted towards development of Judicial Policy and the benefits of the same have started emerging.
He said judiciary should maintain distance from administrative affairs and real task of judiciary is interpretation of the law and constitution.
Referring to terrorism, the Chief Justice said that Pakistan suffered a lot and paid a heavy price in men and material while fighting against terrorism. He called for making effective laws to deal with global phenomenon of terrorism. He said efforts should be co-ordinated among the democratic countries to flourish democratic values world-wide.
He said that the purpose of the conference was to discuss with the stakeholders the issues and challenges confronting the justice system and to deliberate over the options in relation to those issues and problems.
He said that the justice delivery system not only in Pakistan, but the entire world over was confronted with the issues of pendency of cases and backlogs, and consequential delays in dispensation of justice. "I am sure the well-considered and substantive input provided by the delegates would go a long way in charting out our future plans of action to meet the challenges facing the system of administration of justice," he added.
He said that the role of judiciary like other organs of the State was crucial in achieving the dream of a peaceful and prosperous life on this planet.
He said, in the recent past, when a military dictator attempted to subvert the Constitution and made the judges of the superior courts dysfunctional and put them under house arrests along with their family members, the lawyers' community came forward and launched a historic movement for the maintenance of rule of law, independence of judiciary and the restoration of the Constitution.
"Their movement, in collaboration with an active media and an informed civil society, played a pivotal role in the restoration of the judges and the constitution," he said and also saluted the lawyers, the media personnel and the members of the civil society for their heroic struggle and the sacrifices made by them in preserving and protecting the Constitution and upholding the rule of law.
SALIENT POINTS OF THE RECOMMENDATIONS:
The delegates of this International Judicial Conference 2012, re-affirm their resolve to adhere to the time-honoured adage that "There is one law for all, namely, the law which governs all laws, the law of our Creator, the law of humanity, justice, equity--the law of nature and of nations." Keeping this in mind, the further declarations of this Conference are as follows: -
It is recognised that Pakistan requires an objective mechanism to measure its adherence to the rule of law and it is declared that the World Justice Project's Rule of Law Index and the Framework for Court Excellence be utilised in this regard. Given that the judiciary must operate free from actual or perceived influence it is declared that no other branch of government should be allowed to exercise either direct or indirect control over critical inputs of the Courts. It is declared that the effective management of the court system by court administrators will allow judges to focus on their adjudicatory duties rather than administrative responsibilities.
Courts must continue to decide cases on merits in accordance with the law expeditiously, and ensure the execution and enforcement of decrees and orders effectively. It is fundamental that honest and dedicated persons who share a strong commitment to the dispensation of justice be appointed as judges. It is further recommended that all authorities act in support of the Supreme Court in accordance with Article 190 of the Constitution.
It is imperative to enforce the fundamental rights of the people of Pakistan as encapsulated in Articles 9 to 28 of the Constitution, in particular light of Articles 37 and 38 which provide guidelines for the promotion of social justice, eradication of social evils, and social and economic well-being of the people.
On the subject of terrorism and money laundering, it is hereby declared that both terrorism and money laundering constitute grave threat to civilised nations throughout the world. Pakistani laws dealing with these issues may be brought in conformity with international standards as well as Pakistan's commitments under various international legal obligations.
It is further declared that all relevant bodies such as law enforcement agencies, prosecutors and presiding officers of the trial courts etc, be provided the necessary training and capacity building in dealing with these offences. And that, hawala/hundi transactions to be discouraged including over-invoicing and under-invoicing through effective mechanisms of regulating with surveillance.
It is also emphasised that Pakistan should seek to strengthen its Mutual Legal Assistance arrangements with various countries to ensure better co-ordination, information-sharing, timely and effective provision of support from the relevant law enforcement agencies operating in different countries.
On the subject of the role of the judiciary in good governance, it is hereby declared that: Given that good governance in advanced societies depends on strong and well entrenched institutions, it is recommended that the judiciary being a fundamental organ of the state governs itself more effectively and efficiently.
It is recommended that the judiciary recognises that its primary duty lies in interpreting and implementing laws and not in the governance of society which may come about only as an ancillary effect of its decisions. It is further recommended that the superior courts articulate a consistent and clearly defined doctrine of judicial review so that depending on the nature and context of the rights involved, relevant standards of review may be applied.
It is also important that the judiciary exercises judicial restraint so that it may not be perceived as excessively encroaching upon the roles and functions of the co-ordinate branches of the government. It is also proposed that a Code of Conduct may be devised for judicial officers and also be strictly enforced.
In dealing with complex commercial issues it is suggested that the judiciary relies on and utilises expert knowledge and opinion so that a more informed verdict may be reached. Finally, it is recommended that the judiciary recognises the role of quasi judicial bodies in the administration of justice and actively promotes and facilitates their functioning.
On the subject of Alternate Dispute Resolution (ADR) it is hereby declared that the Bar should encourage advocates to participate in the mediation process and should recognise that ADR is not a threat to lawyers' incomes but in fact an opportunity to expand their businesses. It was further recommended that ADR provisions of Section 89A of Code of Civil Procedure 1908, which are only optional at present, may be made mandatory in all civil proceedings.
It was also proposed that to encourage parties to opt for mediation, effective cost sanctions be imposed at all stages in litigation proceedings and the cost ceilings presently in force by the High Court rules be removed.
With respect to establishment of ADR centres, it was suggested that as a first step an MOU may be entered into between the Federal Judicial Academy and Karachi Centre for Dispute Resolution so that the FJA may avail of the services of KCDR's faculty to train judicial officers in mediation. To study the progress of ADR and to further devise policies for its promotion as a viable alternative to litigation, it is proposed that data regarding ADR cases may be tracked and analysed pertinently cases decided by court mediation. It is finally recommended that ADR be introduced as an academic subject not only in law schools but also in institutions imparting business studies.
On the subject of International Arbitration it is hereby declared that the recent enactment of New York Convention 1958 and the ICSID Convention 1966 in Pakistan is a welcome step, which would help attract more foreign investment into the country.
It is highly recommended that these international treaty obligations be fully respected and implemented by the courts, both as a matter of rule of law but also to avoid adverse and unintended consequences under the relevant international law regimes.
On the subject of Judicial Education, it is hereby declared that Judicial Education should be re-focused on its most important objective which is sensitising judges and other associated professionals to the pain of the litigants and instilling in them respect for popular wisdom.
For the furtherance of this purpose, it is recommended that Judicial Academies impart to the judges not only knowledge of substantive law but also the skills most necessary and commonly used in their judicial work. It is further suggested that the time allotted for training in judicial academies also be increased, while the training itself be based on formal national standards of judicial education.
It is also recommended that these Academies offer periodic refresher courses to enhance the capacity of judges and support staff. Finally, it is emphasised that the National Judicial Policy 2009 may not be interpreted as barring serving judges from getting posted in the Judicial Academies as teaching faculty.
On the subject of Parental Child Abduction and Transitional Jurisdiction it is hereby declared that cogent steps be taken to improve the efficiency of the UK-Pakistan Judicial Protocol on Children Abduction signed in 2003. More importantly, it is recommended that the Pakistani Government may strongly consider entering into treaties with countries to give effect to judgements in foreign jurisdictions.
To ensure effective dispensation it is imperative to establish dedicated special benches at provincial levels, along with inter-agency steering committees, focused primarily on issues of parental child abduction. Another possible mode may be to encourage the establishment of centers of help or NGOs which specialise in the particular needs of both parents and children threatened by the prospect or suffering from the reality of child abduction in any of its forms. Finally it is recommended that dispute resolution mechanisms, such as mediation, be employed in resolving cases of child abduction.
On the subject of Environmental Law & Public Interest Litigation it is hereby declared that the Bhurban Environmental Declaration-2012 is fully endorsed and it is agreed that information on environmental challenges and legal issues, and best practices be disseminated.
It is further recommended that specialised environmental tribunals be strengthened and environmental training be provided. It is also important to ensure that judicial decisions on environmental cases be made available publicly and promptly implemented while law schools should be encouraged to include environmental law in their curriculum and furthermore environmental law training be provided to judges and lawyers.
It is also declared that a system to recognise exceptional contribution by judges and environmentalists be established and green benches with strong infrastructure of technical expertise be established and strengthened. Finally it is declared that in environmental and PIL cases the delinquent officers be penalised or burdened with costs in addition to the main relief.
On the subject of Gender Bias and Judicial Empathy it is hereby declared that a Judicial Commission on Gender Equality and Judicial Empathy be established. Judges, court staff and counsel be required to undergo training and capacity building through judicial academies on issues of gender bias and judicial empathy. A code of conduct on gender sensitivities be devised for all who are associated with the judicial system. In order to create wider awareness subjects relating to gender sensitivities and judicial empathy be included in the curriculum of law schools.
The detailed recommendations of each of the eight working groups of this Conference shall be made part of the final Conference Report which will be shared with all stakeholders for their information and pursuit as may be.