East Africa: (Part II) Infusing courtroom actors with advocacy skills and sensitivity to gender inequality
Note from Administrator: This is Part II (Part I is available here) of a posting written by Judge Solomy Bossa, a Judge of the High Court of Uganda and of the United Nations International Criminal Tribunal for Rwanda. Previously, from 2001 to 2006, she was a Judge of the East African Court of Justice, having been appointed to that Court at its inauguration as its first woman judge.
PART II
In a prior posting I described how a lack of advocacy skills on the part of lawyers and insensitivity to gender inequality by both the bar and the bench can limit the access of litigants, and particularly the access of women, to justice in East Africa. I would now like to propose how these problems might be alleviated.
The Law Council of Uganda persuaded Parliament in 2002 to pass The Advocates (Amendment) Act. It created a Committee on Legal Education and Training, which will be responsible for designing and supervising legal education in Uganda. Advocates are required to contribute pro bono work or in lieu thereof to contribute to a Legal Aid Fund to benefit all Legal Aid Schemes. The Law Council is now able to charge fees and impose fines that are commensurate with the disciplinary offences committed by advocates.
On its part, the National Association of Women Judges secured assistance from the International Association of Women Judges (IAWJ) to train judicial officers in the jurisprudence of equality under the Jurisprudence of Equality Project.
The Jurisprudence of Equality Project of the National Association of Women Judges in Uganda has sought to improve the manner in which Judicial Officers handle trials involving women by training them to, among other things, be sensitive to gender inequalities and grant effective remedies. Subjects covered include gender and stereotypes, International Human Rights Law and Women’s Human Rights Law, estate administration and equal protection, and rape and violence against women and children as a form of discrimination. The training also covers divorce and equal protection, and the right to an effective remedy. Similar training for lawyers could prove very useful.
There are many other things that could be done. Emphasis on observing etiquette in the courtroom could facilitate smooth proceedings in which everyone, particularly the women, enjoy recognition and respect, and dignity. The need for appropriate language to all, and at all times, needs emphasis. A relaxed witness is able to divulge more information than an intimidated one. Another area where training for lawyers could focus is tact.
Counsel should also be trained to take cognizance of the different temperaments and characteristics of the bench, opposing counsel and witnesses. Sensitivity to pain and sorrow is important in handling delicate situations, particularly situations involving horrific crimes and/or immense suffering. So is responding or making a point without ridiculing any party, no matter how trivial or unreasonable the situation.
Conclusion
A trial that lacks etiquette and refinement may end up being worse than no trial at all. It may end up denying justice to the people who seek it. It is not sufficient to get a litigant, particularly a woman or child who is distraught or on edge, to court. All ways should be explored to ensure that she/he gets an effective remedy through a properly conducted trial. Continuing Legal Education and or Judicial Training for the bar and bench, respectively, needs to address these important issues as they clearly have a bearing on improved justice delivery.
