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Judicial Reform

South Kazakhstan trainings spark dialog on enforcement and mediation

In February and March, 2013, EBL conducted two-day trainings in Shymkent and Taldykorgan on the topic “Trends in national legislation and law enforcement,” with the goal of developing professional skills among lawyers, NGO representatives, court and law enforcement officials, and other governmental officials. They were led by two experts from the International Rights Protection Center: J.A. Zhakupov and H.S. Sharifbaev.

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Tajikistan Conference Yields Insights and Recommendations

About 130 people attended EBL's Tajikistan country conference on November 15th in Dushanbe. 

The event was well attended by Tajik governmental officials, members of parliament, civil-society leaders and representatives of the Tajik National and Islamic universities. 

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Astana Conference Highlights Needed Reforms

The government of Kazakhstan should increase affordable legal aid to vulnerable people, participants at the EBL country conference Oct. 17 in Astana said.

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Access to Justice and Judicial Reform

A short summary of Phase V of the Access to Justice and Judicial Reform (AJJR) implemented by HELVETAS for the Swiss Agency for Development and Cooperation. The program addressed issues of access to justice for marginalized groups in Tajikistan. The document is in both English and Russian.

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Into EurAsia Monitoring The EU’s Central Asia Strategy Report of the EUCAM Project Into EurAsia Monitoring The EU’s Central Asia Strategy Report of the EUCAM Project Into EurAsia Monitoring The EU’s Central Asia Strategy Report of the EUCAM Project I

The EU Strategy for Central Asia was introduced in 2007 to upgrade the EU’s cooperation with the five states of the region: Kazakhstan, Kyrgyzstan, Tajikistan, Turkmenistan and Uzbekistan. Concerns in the EU over energy security and the war in Afghanistan dominated the political context at that time. But the strategy sought to take a broad and comprehensive approach, with priority actions addressing political dialogue, education, economic development, energy and transport links, human rights and the rule of law, drug trafficking, environmental sustainability and water, among other matters.

Into EurAsia – Monitoring the EU’s Central Asia Strategy offers the first assessment of this ambitious plan, undertaken by independent analysts from the EU and Central Asia within the context of the EUCAM project. The role of Russia, China, the US, Turkey, Iran and the other major players, as well as the current state of politics and economics in the region are all analysed through the prism of the EU Strategy.

European Union – Kazakhstan Civil Society Seminar on Human Rights: Judicial System and Places of Detention: Towards the European Standards

In 2008, in line with its ‘Strategy for a New Partnership’ with Central Asia, the European Union agreed with the Republic of Kazakhstan to establish an annual human rights dialogue, and its first round was held on 15 October 2008 in Astana. An agreement was also reached that prior to the second round of the official dialogue a civil society human rights seminar will be held in Kazakhstan, and as planned, the European Commission organized it on 29-30 of June 2009 in Almaty. The Seminar was well attended by 95 persons, comprised of 65 civil society participants and 30 observers, including representatives of six various state agencies and the judiciary of the Republic of Kazakhstan.

The topics discussed during the Seminar related to the law on administrative responsibility in Kazakhstan, the judicial system, conditions of detention and the use of alternatives to imprisonment. During a lively and constructive discussion, participants addressed international standards, European best practice, national laws and their practical application. The Seminar provided an opportunity for an exchange of views between European and Kazakhstani civil society representatives, academics and state officials.

The Seminar resulted in elaboration of detailed recommendations to the Government of the Republic of Kazakhstan on legislative and practical changes needed in order to ensure full compliance with international and national standards relating to the topics of the Seminar.

Informal Justice in Tajikistan: The Role of Informal Leaders in Providing and Preventing Access to Justice

"Informal Justice in Tajikistan" presents an overview of non-state justice mechanisms in Tajikistan and the role of Tajik informal leaders in providing and preventing access to justice. It argues that informal leaders in Tajikistan play an important role in expanding access to justice for ordinary Tajiks. While they often act as arbitrators and mitigate conflict within their communities, they also oversee practices that violate individual rights and contravene Tajik law, such as officiating marriages and divorces outside of state institutions. The authority of informal leaders has increased in recent years because of the government’s inability to provide much needed social services, including fair and equal access to justice. Informal leaders are empowered to act as arbitrators due to the inaccessibility and perceived corruption of state justice institutions, social norms that discourage government intervention in family conflicts, and in instances when cases fall outside of the government’s jurisdiction. This study attempts to identify informal justice systems in Tajikistan and how informal leaders both increase and impede access to justice, specifically in regards to unregistered marriages and divorces, property rights, and domestic violence. This report especially focuses on the experiences of rural women with informal justice in Tajikistan.

The report offers recommendations for the government of Tajikistan, NGOs and legal professionals.

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Eurasia Foundation Publishes Research into the Role of Informal Leaders in Access to Justice in Tajikistan

Friday, February 3, 2012

"Informal Justice in Tajikistan," authored by gender and justice expert Azita Ranjbar, presents an overview of non-state justice mechanisms in Tajikistan and the role of Tajik informal leaders in providing and preventing access to justice. This report contributes to Equal Before the Law’s larger effort to increase access to justice for vulnerable populations in Central Asia. In Spring 2011, the Eurasia Foundation released a study, "Equal Before the Law?” which analyzed how citizens of Kazakhstan, Kyrgyzstan, and Tajikistan experience access to justice. This study revealed conflicting views of the roles of informal leaders in carrying out justice in their communities. "Informal Justice in Tajikistan" attempts to analyze the contradictory nature of informal justice in Tajikistan, specifically the perception that informal leaders simultaneously facilitate and impede access to justice.

Informal leaders in Tajikistan play an important role in expanding access to justice for ordinary Tajiks. While they often act as arbitrators and mitigate conflict within their communities, they also oversee practices that violate individual rights and contravene Tajik law, such as officiating marriages and divorces outside of state institutions. The authority of informal leaders has increased in recent years because of the government’s inability to provide much needed social services, including fair and equal access to justice. Informal leaders are empowered to act as arbitrators due to the inaccessibility and perceived corruption of state justice institutions, social norms that discourage government intervention in family conflicts, and in instances when cases fall outside of the government’s jurisdiction. This study attempts to identify informal justice systems in Tajikistan and how informal leaders both increase and impede access to justice, specifically in regards to unregistered marriages and divorces, property rights, and domestic violence. This report especially focuses on the experiences of rural women with informal justice in Tajikistan.

Tajik and Russian versions of the report are included.

Courts, Excellence and Social Trust

The social context of justice and the performance of judicial courts have undergone enormous transformations during the last decades, amending social conscience as what regards to the importance of the role of judicial power in the construction of a democratic Rule of Law and the rising of the social and political visibility of courts. Recent considerations regarding justice administration specificities stress the intentions of raising the quality and transparency of judicial systems and privilege the factors, internal and external, that influence the performance of courts and the reinforcement of their legitimacy.This paper focuses on pointing out routes that may contribute towards the quality of justice and consequent increase of social trust, beneficiating from reflections developed by Pim Albers, Special Advisor of The European Commission for the Efficiency of Justice (CEPEJ) of the Council of Europe, and from the analyses of the various intervenients.

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Courts, Excellence and Social Trust

The social context of justice and the performance of judicial courts have undergone enormous transformations during the last decades, amending social conscience as what regards to the importance of the role of judicial power in the construction of a democratic Rule of Law and the rising of the social and political visibility of courts. Recent considerations regarding justice administration specificities stress the intentions of raising the quality and transparency of judicial systems and privilege the factors, internal and external, that influence the performance of courts and the reinforcement of their legitimacy.This paper focuses on pointing out routes that may contribute towards the quality of justice and consequent increase of social trust, beneficiating from reflections developed by Pim Albers, Special Advisor of The European Commission for the Efficiency of Justice (CEPEJ) of the Council of Europe, and from the analyses of the various intervenients.

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