Nicholas Rosellini, UNDP Deputy Regional Director for Asia and the Pacific and Director of the Bangkok Regional Hub
"Who needs a lawyer when you can bribe a judge?"
It is not unusual to hear this refrain from people in a number of societies
across Asia and the Pacific, and it is hard to comprehend how to turn this
problem around.
Examples of corruption and bribery abound across the world, and the
judiciary is perceived by people as the most corruption-prone sector after the
police. According to Transparency International's (TI) 2013 Global Corruption
Barometer, on average, one out of four respondents had paid a bribe to the
judiciary within the preceding 12 months.
The United Nations Development Programme (UNDP), which marked Anti-corruption
Day yesterday, does work in many countries and has found that one of the most
common bottlenecks lies within the judiciary. It is one of the most difficult
problems to overcome, because if those who are supposed to uphold the rule of
law are corrupt, there is often no room for remedy. Despite repeated efforts to
strengthen judicial systems across the region, corruption remains an
intractable problem.
When corruption occurs in institutions of justice, it undermines principles
of fairness and due process of the law. It also erodes public confidence about
whether judicial outcomes are just, and are made without undue pressure or
influence from the outside. When this perception becomes commonplace, it can
weaken public trust in government. Corruption in the judiciary also
disproportionately impacts access to justice for the poor and marginalised,
because often they cannot afford to pay bribes or gain access to influential
networks.
According to surveys done by non-governmental organisations (NGOs) across
Asia and the Pacific, bribery is not only common but it also hits the poorest
the hardest. For instance, in some countries it can cost individuals up to a
quarter of their average annual income.
Despite some laudable efforts with the Judicial Integrity Group to tackle
the issue, the implementation of the Bangalore Principles of Judicial Conduct -
that set standards of conduct for judges - remains a major challenge. Too
often, under the facade of independence, corrupt judges remain untouched. This
is a dilemma that is hard to solve - balancing legitimate concerns for
independence of the judiciary while keeping it accountable in case of abuse.
But it doesn't have to be that way, and change is possible in judicial
systems not only in Asia and the Pacific but also across the world. In fact,
according to this year's World Justice Project Rule of Index, some countries in
this region - namely New Zealand, Singapore and Australia - are among the top
10 performers at the global level for ensuring the rule of law and controlling
corruption.
The recently approved 2030 Agenda for Sustainable Development provides
momentum to help promote justice, defend human rights, and reduce corruption.
It provides renewed impetus to reach everyone by trying to ensure justice for
all.
The goal includes key targets for providing access to justice, and building
effective, accountable and inclusive institutions at all levels, while also
tackling corruption.
The challenge for the international community is how to implement policies
and programmes to carry this agenda forward.
But, there are also other tools that can contribute to making a difference.
UNDP and the U4 Anti-Corruption Resource Centre are drafting a report titled: A
Transparent And Accountable Judiciary To Deliver Justice For All. It explores
how judicial reform has been tackled in different parts of the world using
innovative approaches.
The report cites how the NGO, Integrity Watch Afghanistan, has used citizens
in certain provinces to monitor trials, to ensure integrity and accountability.
This has resulted in marked improvement in the administration of justice.
In Indonesia, people can now go online to easily access court documents and
statistics on judgments, eliminating bureaucracy and increasing transparency.
Last but not least, the report calls on members of the judiciary to
undertake assessments to strengthen institutional integrity and effectiveness.
For instance, it calls on chief justices to go beyond a principle-based
approach and open up their institutions to peers from across the region to
illustrate transparency and accountability. By undertaking such assessments
involving members of the judiciary from other countries, they will help develop
capacities of their own institutions, as well as build public trust.
As an anchor of the integrity infrastructure in countries, the judiciary has
a vital role to play.
The goal of the report is to try to transform judicial systems across the
world, by illustrating experiences that are innovative and inspirational that
countries can adopt to deliver justice for all.
Source:
http://www.straitstimes.com/opinion/aiming-to-deliver-justice-for-all
