Like other sectors before it, Madagascar's Justice system is holding national forums starting yesterday in Ivato. The objective is to strengthen its independence and effectiveness, while also rebuilding citizens' trust.
A monumental undertaking. That's how Andrianaina Rabarisoa, president of the State Council, describes the scale of the challenge facing the Justice system, which has been holding national forums in Ivato since yesterday. The Justice national forums run until Friday, with the central theme: "Judicial Power as Guarantor of Refoundation for the Country's Development." Six hundred actors from the judicial system are expected to participate to discuss six specific themes.
"These forums aim at refounding the judicial system and developing a strategy to show the population that Justice is there to defend them," declared Fanirisoa Ernaivo, Justice Minister, in her opening address. Fair and impartial application of the law, effective implementation of the principle of equality before the law, and rebuilding citizens' trust are among the objectives affirmed by the Keeper of the Seals.
"It is based on the decisions of these forums that we will build an impartial, independent Justice with sufficient resources to work independently," she added. The terms of reference for the Ivato forums indicate that the exercise reflects a desire "to build a more independent, more effective, more transparent and closer Justice to citizens."
In essence, ongoing discussions should result in resolutions meant to restore Justice to the fullness of its mission, which consists not just in punishing, but also in defending citizens' rights and arbitrating conflicts within society. Minister Ernaivo gives examples of land disputes and the burden of proof before courts—points difficult for litigants to understand. Such misunderstandings lead them to question or even challenge judicial decisions.
Demystifying Justice
The five-day program includes commission work on specific themes ranging from evaluating the current judicial system's functioning to developing a National Roadmap for Justice sector reform. Identifying difficulties faced by sector actors and proposing institutional and organizational reforms adapted to national realities are also on the agenda.
One commission will examine the appropriate strategy to strengthen Justice's independence, effectiveness and credibility. There will also be working sessions on improving penitentiary administration governance. Fighting corruption is also listed among the judicial system's challenges, alongside its effectiveness. In her address, the Keeper of the Seals emphasizes an important parameter for genuine Justice refoundation: "change of mentality and behavior."
Ernaivo stated: "It is not enough to change systems or structures. We must rethink from now the principle of Truth on which Justice rests, that of equality before the law and fair, impartial application of the law." This view is supported by the State Council president, who responded to the Keeper of the Seals' speech.
"I fully share the Justice Minister's analysis: no lasting transformation of our judicial system will be possible without a change of mentality, starting with that of Justice actors themselves," Judge Rabarisoa supports. He adds that "magistrates, in particular, must fully realize that Malagasy Justice has been freed from all forms of capture. It is now our responsibility to do everything to straighten it out and restore it to the fullness of its mission."
The State Council president acknowledges that putting Justice back on track is "a monumental undertaking." To achieve the stated objective, fundamental reforms "conducted with method and perseverance" are necessary according to him. The magistrate nevertheless affirms that these reforms "also begin with simple and essential gestures." He cites, among others, properly welcoming litigants and reorganizing courts to streamline case processing.
The State Council president also emphasizes the imperative to "communicate, simplify and explain Justice's real work, so that everyone understands it."