Tuesday, September 07, 2010

Accessible to justice system is the foundation of every democratic state – Dr Fee

Accessible to justice system is the foundation of every democratic state – Dr Fee
By Kombe Chimpinde
Tue 07 Sep. 2010, 15:01 CAT

A functioning, fair and accessible system of justice is the foundation of every democratic state, the European Union (EU) has said. And the Danish government has said it is not impressed with the pace of improvements been made the Justice system of the Country.

Speaking at the signing ceremony of a Memorandum of Understanding for financial support of the Zambia justice service over the next three years between government and the three cooperating partners amounting to a total of US $11.35 million under the Support to Access to Justice programme, EU head of delegation Derrick Fee said that the European Union strongly values the independence of the judiciary.

“As we are convinced that it is only by ensuring that the judiciary is politically independent from the legislative and executive powers that it can enhance its legitimacy in the eyes of the Zambian people, “he said.

“As cooperating partners we have a great interest in ensuring that administration of and access to justice are improved in Zambia.”

Fee said there was need to allow the judiciary to operate independently as it was imperative that it discards all political interference, stressing that development of any nation was based on an effecient justice system.

“Today as EU, this ceremony provides me with an opportunity to remind you that EU is fully committed to these principles of justice,” he said.

“This falls within the wider concept which is at heart of the relations between the government of Zambia and the EU and its members states under the Cotonou Agreement.”

The EU head also said the MoU under the Access To Justice programme which has been been a pilot project facilitated by the Royal Danish Embassy since 2007 was meant to allow for a significant scaling up of activities through increased financing under the project.

“In this respect, the EU will contribute 6 million euro ,DANIDA 3.85 million euro and GTZ 1.5 million euro all in grant form,” he said.

And the Danish envoy Thomas Schjerbeck who signed on behalf of his government said he is not impressed with efforts being made in the prisons which were also catered for under the said programme.

“Denmark has a wider cooperation with Zambia as we have been working in many sectors but I was asking myself before we came today that if we only had one programme, what would that be? I think it would this one because we consider the independence of the legal sector as one of the most fundamental things in building democracy,“ he emphasised.

He said this was important if the human rights of the people were going to be secured.

“It’s a question of ensuring rights of people, women’s rights, children’s rights, poor people’s rights and as the Vice-President rightly said it doesn’t come overnight. It’s something which we can’t just take the Danish model and copy it to Zambia. We don’t expect the Zambian model to look like the Danish one it has to be tailor made in respect to differences of level of development, of geography, poverty levels which for us is one of the fundamental reasons for being in Zambia,” he said.

The envoy highlighted the slow pace of improvements in the system since its support to the programme commenced.

“Some of us have been visiting the prisons, I have been there several times and am not impressed with the speed of improvements. I am very, very thankful that a good number of things have been achieved as was mentioned like the parole institute to handle the audit of prisoners which are fundamental to action being taken. What am saying now is I hope that the poor persons especially those that are on remand who have not yet had their cases heard will be addressed as a priority,” he said.

He further added that judging by the human rights perspective this was an incredible task.

And speaking earlier after signing on behalf of government, justice minister George Kunda, said the Access to Justice programme was going to contribute to establishment of a more efficient system for processing cases.

“The programme will contribute to establish a more efficient system for processing cases, improving coordination in the sector and enhancing support to vulnerable people,” he said.

He noted this will also lead to an increase in non-custodial sentences and in turn reduce overcrowding in prisons.

Kunda who is also Vice-President admitted that there were numerous challenges remaining in the sector and that there was need to be honest in recognizing that it takes time and concerted effort of all key players to improve the quality of administration of justice.

The support will among other things support the programmes of the Zambia Police, Director of Public Prosecutions, Legal Aid Board and the Zambia Prisons Commission.

The Access to Justice programme is an initiative that has been supported by the Danish Embassy in Zambia since 2007.

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