Judiciary Training on Criminal Law

August 1, 2018

(Photo: UNDP/Grace Kiernan)


Honourable Chief Justice, Anthony Gates

Permanent Representative of Fiji to the United Nations in Geneva, Ambassador Nazhat Shameem Khan

Deputy Head of European Union Delegation for the Pacific, Corrado Pampaloni

President of the Court of Appeal, Justice William Calanchini

Resident Justice for the Court of Appeal, Suresh Chandra

Honourable Judges, Magistrates and Judicial Department support team

Ladies and gentlemen:

I am honoured to be invited to the opening of the Criminal Law Workshop. Having attended the first such workshop last year, I am pleased that the initiative continues, and would like to acknowledge the Judicial Department’s commitment to knowledge and skills enhancement, ensuring that justice is delivered in Fijian courts. It shows that there is much for members of the community to share in today’s dynamic environment, where law and those who interpret and apply it, have to keep pace with the world around us.

The focus of this workshop, criminal justice, is not only a powerful deterrent against future criminal offences; it is, most significantly, instrumental in achieving accountability and promoting peace and equality in society. Equal access to independent and impartial justice is a human right, and key to the realization of other human rights.

Exclusion, discrimination and inequality remain serious obstacles to human development universally. Poor and disadvantaged people may not be aware of their legal rights and often lack legal protection and access to mechanisms to remedy their grievances. This lack of access often defines their vulnerability, propagating the vicious cycle of marginalization.

Strengthening access to justice, rule of law and promoting human rights are cornerstones of UNDP’s work to achieve sustainable human development. Our involvement is grounded in the belief that justice, peace and development are interrelated and mutually reinforcing.

Sustainable Development Goals 16 addresses universal access to justice, and effective, accountable and inclusive institutions that are responsive to the needs of ordinary people, including the poor and disadvantaged. People are at the core of SDGs’ value proposition. Goal 16 and other SDGs call for policies that are human-centred, and for institutions that serve people’s interests.

The Fiji Access to Justice Project, which is funded by the European Union and implemented by UNDP, is one such initiative that promotes people-oriented justice institutions and service delivery. It targets vulnerable groups by helping them access legal rights and services through relevant justice institutions, while strengthening those institutions to improve the accessibility and availability of justice services.

Many sub-goals underpin SDG 16. Of most relevance to our work is 16.6: Develop effective, accountable and transparent institutions at all levels.

The project has worked closely with the Judicial Department to achieve this, and to improve access to justice and judicial accountability for Fijian citizens. We are currently supporting the Judicial Department and Legal Aid Commission to pilot online case management and e-filing systems, and are helping them launch newly completed strategic plans, which will improve the efficiency and effectiveness of judicial service delivery.

Ladies and gentlemen:

One of the key initiatives being undertaken this year under the project is the Access to Justice Assessment. The assessment seeks to analyze citizens’ access to, and use of, justice institutions to solve their common problems, identify the factors affecting their ability to do so, and examine what reforms and programmes could support the justice sector institutions in better responding to citizens’ needs. The assessment began in February and includes data collected through more than 60 stakeholder interviews (including interviews with a number of yourselves); 20 focus group discussions across the country, including with the judiciary, citizens in urban centers and remote islands; and a household survey administered to 5,000 people across all four divisions in Fiji - including vulnerable groups such as single mothers, persons with disabilities, youths and elders. A first draft of the assessment report is nearing completion and will be released later this year.

The preliminary findings of this survey have been shared with our partners, and provide an indication of issues facing the justice system, including a high prevalence of domestic violence and criminality, and the need to connect remote communities to the formal justice system. UNDP will work with the Judicial Department and the Legal Aid Commission to focus our programming over the next two years to address these issues, and others highlighted in the assessment.

In closing, I would like to reiterate UNDP’s strong support to the Judicial Department in developing its capacity into the future and enhancing access to justice for all citizens. Thank you, the Honorable Chief Justice, for your leadership in delivering events like this. Our appreciation goes out to other project partners, including the European Union for the funding support and continuing partnership to the project.

On behalf of UNDP, I wish you fruitful deliberations and look forward to working together with our project partners to deliver tangible benefits to all Fijians around the country.

Thank you.