Thematic Report, The Role of The Judiciary in Promoting Gender Justice in Africa. Accra, Ghana 2008

Executive Summary

From 19 to 21 November 2008, the Judicial Service of Ghana hosted representatives from 24 African judiciaries at the fifth Partners for Gender Justice Conference. This conference was coorganized by the Judicial Service of Ghana, United Nations Development Programme (UNDP), the International Legal Assistance Consortium (ILAC), the International Association of Women Judges (IAWJ), the International Center for Ethics, Justice and Public Life (Brandeis University), and others. With the theme of the role of the judiciary in promoting gender justice in Africa, the conference was able to provide a meaningful forum for discussion of the issues facing women in need of accessing justice or seeking roles within the justice system. The three-day event gathered
partners with a wealth of legal and practical experience and expertise in the pursuit of justice – including a number of chief justices, deputy-chief justices and justices of the supreme courts.
Also in attendance were representatives of civil society, UN agencies, international organisations and NGOs, as well as judges from Sri Lanka, the U.K. and the U.S.
Widespread perceptions of gender inequality across much of Africa remain among the biggest challenges with regard to gender justice. This is often compounded by more general capacity constraints, as well as legislative and procedural inadequacies and insufficient public legal
awareness. In many of the countries represented, rape, sexual harassment, domestic violence and other forms of gender-based violence are also widespread. The obstacles for women in need
of access to the justice system are manifold, and crimes of this nature are often committed with impunity. At the same time individual and institutional biases and widespread discrimination present impediments to women seeking protection, or professional roles within the justice
sector.
The Accra conference focused on identifying the many challenges, and establishing how best to confront and rise above them. The role of judges in identifying biases and promoting attitudinal change was discussed, and the benefits of training programmes and partnerships considered.
Calls from participants for assistance with training and sensitisation programmes of all actors in the justice sector accompanied a desire for closer collaboration with civil society organisations and international actors. The important roles of specialized courts, international courts and alternative dispute resolution mechanisms were also recognised. Discussions considered regional and international laws, and the challenges facing their ‘domestication.’ Judges called for greater assistance to enable the application of international standards in domestic courts.
Through the sharing of experiences and best practices, concrete recommendations emerged from discussions, including the formulation of standardised judicial trainings on human rights,
gender and international and regional standards. Regional discussions stimulated ‘action plans’ outlining both short- and long-term activities and recommendations for addressing gender justice in the region. Positive feedback from many of the participants indicated a strong desire
to go well beyond the conference itself with concrete, programmatic endeavours.

Central to this conference – and to Partners for Gender Justice more broadly – is the concept of partnership and cooperation, and it is anticipated that the partnerships established in Accra should go well beyond the conference itself, turning words into action. The programmatic work on access to justice and the rule of law undertaken by agencies such as UNDP, and the many projects undertaken by the national, regional and international NGO partners who took part in the conference, should continue to build on the work begun in Accra. In this way, each of the partners can contribute in their own way in pursuit of the common goal of making gender justice a reality.