By JACINTA DOKTA
MINISTER for National Planning, Hon. Sir Ano Pala says a robust legal framework is essential for a strong rule of law.
Sir Pala made this remark as a Chairman of the Consultative Implementation and Monitoring Council (CIMC) during the opening of the National Development Forum at APEC Haus on Wednesday.
He said key reforms should include constitutional review provisions.
“Amending the Constitution is necessary to ensure it reflects contemporary values of justice, equality and human rights,” said Sir Pala.
He said before doing reforms, it is imperative to conduct a thorough assessment of the present situation.
Sir Pala said each assessment should involve analyzing legal framework, reviewing the existing laws, regulations and constitutional framework to identify consistencies, gaps and legal vacuums that may undermine the rule of law.
“We must evaluate institutions, examine the independence and effectiveness of judicial bodies, law enforcement agencies and other legal institutions. Effective institutions are the backbone of the rule of law.”
He added that strategies for strengthening institutions may involve judicial independence, ensuring that judges in courts operate free from external influences at adequate constitutional protections and resource allocations for the judiciary.
Sir Pala also pointed out that the country’s Medium Term Development Plan 4 (MTDP 4) includes rule of law and restorative justice as one of its strategic priority areas.
He said the MTDP4 aims at improving the justice system and to provide community-based solutions.
However, he highlighted that assessment of the present situation can be done through the following before reforms; gathering public input, engaging citizens, civil society, organize legal experts in discussions to gather insight on the experiences with the legal system; investment in the priority areas, the rule of law and restorative justice; law enforcement reforms; and investing in capacity building initiatives to ensure and to enhance the operational effectiveness and integrity of legal institutions.
Sir Pala acknowledged that access to justice is crucial for upholding the rule of law whilst stating that initiatives such as legal aid services, and extending access to legal representative of marginalized communities to government funded legal programs is important.
These include community law initiatives; utilizing appropriate modern technology to make legal resources more accessible including online platforms for legal information and services; fostering a culture of rule of law; engagement of campaigns; and promoting media freedom.