UNDP Showcases Experiences on Gender and Access to Justice in the Region. (at the Arusha Gender and Judiciary Conference)

June 27, 2018

Ndola GBV User Friendly Fast Track Court

In the past 10 years, African women have made some progress in health, education, economic and political participation but wide gender gaps remain in women’s access to justice, according to a High-level International Conference on Gender and the Judiciary in Sub-Sahara Africa held in Tanzania in June 2018.

Held under the theme; 'Building an effective, Accountable and Inclusive Judiciary,' the conference brought together chief justices, judges, magistrates and other stakeholders who deliberated on ways in which the judiciary could not just guarantee the fundamental right of every woman to live free of discrimination and violence, but also promote women's vital role in social and economic development.

Poverty levels in Africa was locking out women and girls from accessing judicial services, and Zambia is not an exception. However, strides have been ade in Zambia to ensure increased access to justice by all.

What triggered the establishment of the FTCs

Enactment of the Anti GBV Act no. 1 – 2011: UNDP supported the review of the Anti GBV Act to address the difficulties faced with the application and implementation of the Act in the operations of the GBV Fast Track Courts. In addition, UNDP also supported the Judiciary of Zambia in the development of the Rules of Court to strengthen the application of civil procedures and fast track courts procedures under the Anti GBV Act.

UNDP, through its partnership with the Judiciary, focused on capacity development of statutory and customary courts and law enforcement agencies to ensure increased access to an efficient justice delivery system for GBV survivors. 

  • Zambia Association of Women Judges recommendation
  • Visit by the Special Rapporteur on Violence Against Women

Why UNDP?

  • Gender equality is one of our focus areas, it is UNDP’s normative role in the country to address access to justice including pushing the SDG 5 and 16 agenda
  • GBV has a bearing on the country’s GDP

How do we support?

UNDP supported the construction and remodelling of court structures to separate the court room from the witness room for the creation of a conducive atmosphere for both the witness and the accused. In addition, the court structure provides for privacy and protection of witnesses. In complementing the operations of the fast track courts, capacity development for the court users was conducted.

 

To build on the progress made in the efficient disposal of cases, additional four fast track courts were established in the country, bringing the total number of GBV courts to six. In this innovation, UNDP supported the construction and remodelling of court structures to separate the court room from the witness room for the creation of a conducive atmosphere for both the witness and the accused. In addition, the court structure provides for privacy and protection of witnesses. In complementing the operations of the fast track courts, capacity development for the court users was conducted.

Capacity development

  • Judiciary provides the space, UNDP provides resources; actual financing of the structures, provides training on the current legal framework (continuous legal education, which needs to be scaled up as has been discussed & demonstrated in this place since we started, to fill the gaps…) and trainig in ICT equipment for
  • Development of structures and individual (mindset change) and institutional transformation
  • Training of all actors who encounter gender-based violence survivors

Situation before:

  • Reduced duration of case disposal, leading to an increased number of cases reported because survivors are encouraged as they can get relief and it comes sooner
  • Separation of witnesses from accused persons creates a friendly environment
  • Enhanced capacity to deal with GBV cases
  • Remedies have been enhanced to provide protection, with a short process time

 

Results/ Benefits of the court

  • Specialization provides for effective case management
  • Procedures have been simplified in that GBV survivors can access legal remedies even without engaging lawyers
  • Survivors can access protection and occupational orders; civil remedies available to GBV survivors
  • Strengthened legislation – Anti GBV Act reviewed for the smooth implementation of the FTCs
  • Mindset change to tackle GBV as a human rights issue by service providers even where there is no physical structure of the specialized court

There is greater awareness of GBV as a human rights violation among community members and enhanced capacity of relevant institutions such as the police in the way GBV cases are handled resulting in increased reported GBV cases. This has significantly enhanced efficiency of handling GBV cases. The number of days in adjudicating cases has reduced, from 2-3 years before the intervention to between 1-71 days.

The Fast Track Courts have contributed to Zambia being recognized as a regional hub for learning on implementation of GBV interventions. Another mention is the fact that countries in the region have visited Zambia on learning engagement, the most recent one being from Namibia and South Sudan where multisectoral mission teams visited Zambia to learn about the establishment of GBV Fast Track Courts.

Scaling up.

To improve case disposal, 4 more courts were established bringing the total to 6. This innovation provides structures that separate witnesses and accused to create a conducive atmosphere for both the survivor and accused. To enhance operations of the courts, capacity development for court users was conducted:

Challenges:

  • High Cost of these courts; special equipment; sustainability issues
  •  Continuous education for service providers
  • Lack of adequate safe houses for GBV survivors

 

My Conference Takeaways:

 

v  Judicial officers have the primary authority and responsibility to eliminate Gender-bias in the judicial system. Therefore, there is need to enhance gender-sensitive training for adjudicators. Similarly, investigators need to be equipped with adequate requisite skills.

v  There is need to improve judicial statistics on gender-based-violence as this shall inform resource allocation and the type of interventions.

v  There is need to scale-up specialized Anti-GBV and User Friendly Fast Track Courts.

v  There is need to simplify court procedures and to evaluate relevant domestic laws within the universally accepted human rights and norms to make justice a reality for women e.g. outlawing child marriage as is the case in Zimbabwe.

v  There is need to introduce the system of performance management and measurement in the Judiciary as is the position in Kenya.

v  There is need for the government to sensitize women, communities and gate-keepers of culture, about the right of women to be protected from gender-based-violence.

v  There is need for the government to increase access to finance for women.