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11. Keeping Haiti Safe: Justice Reform

Publication Date:
10-2011
Content Type:
Policy Brief
Institution:
International Crisis Group
Abstract:
Haiti's justice system remains dysfunctional and continues to pose significant obstacles to its democratic process, security, reconstruction and development. While some steps have begun with regard to the police, institutional reform in the sector has lagged, allowing further impunity and persistent criminal threats to citizen safety. Despite five years of pledges, the majority of Haitians still have limited access to justice, and mistrust of the formal judicial system is widespread. President Michel Martelly and parliament must work in a non-partisan manner to at last produce reform, including by modernising the 174 year- old criminal code and procedures and setting standards for judges, giving the judiciary adequate resources and creating efficient mechanisms that guarantee proper access to justice.
Topic:
Security, Economics, Politics, Poverty, and Law Enforcement
Political Geography:
Caribbean

12. Sri Lanka: Politicised Courts, Compromised Rights

Publication Date:
06-2009
Content Type:
Working Paper
Institution:
International Crisis Group
Abstract:
Sri Lanka's judiciary is failing to protect constitutional and human rights. Rather than assuaging conflict, the courts have corroded the rule of law and worsened ethnic tensions. Rather than constraining militarisation and protecting minority rights, a politicised bench under the just-retired chief justice has entrenched favoured allies, punished foes and blocked compromises with the Tamil minority. Its intermittent interventions on important political questions have limited settlement options for the ethnic conflict. Extensive reform of the judicial system – beginning with a change in approach from the newly appointed chief justice – and an overhaul of counterproductive emergency laws are essential if the military defeat of the LTTE is to lead to a lasting peace that has the support of all ethnic communities.
Topic:
Conflict Resolution, Ethnic Conflict, Human Rights, and Law Enforcement
Political Geography:
South Asia, Asia, and Sri Lanka