Judges Statute in Africa
1995
Preamble.
In our respective countries there has been a one party system for a long time.
The process of democratisation and integration in our countries has led to the expansion of the legislative and executive powers at a national as well as international level.
This democratisation process shows once again that a real separation of powers is indispensable to the
correct functioning of a State based on the rule of law.
Such a principle must be applied to the African integration process, particularly because almost all our countries – which consider themselves as States based on the rule of law and favour this integration – have recognized the principle of separation of powers in their constitution.
In addition, the independence of Judicial power is one of the essential conditions for a State based on the rule of law.
Therefore, it is necessary to strengthen the Judicial power as a guarantee for the protection of citizens’
rights against attacks from the State or other pressure groups.
In order to reach this goal, Judges from different African countries must cooperate and show in this
way their solidarity for the pursuit of common interests.
In this perspective the United Nations basic principles on the independence of the Judiciary, accepted
by the African Charter, have to be considered the absolute minimum.
Based on this, it is necessary to set down common principles for a Judges’ Statute in Africa, despite the differences stemming from the various traditions and legal systems within the African countries.
The participants of the meeting of the African Group of the IAJ held in Tunis on September 10, 1995,
declare the following fundamental principles:
Article 1.
The rule of the independence of the judge must be included in the Constitution of each African Country.
Article 2.
The judge is only accountable to the law. No party or power has the right to interfere in judicial proceedings.
Article 3.
A special statute must regulate judges when they exercise their activities.
This statute must provide for objective criteria for the selection of judges, their promotions, transfers,
retirement and the sanctions which can be imposed on them if they do not uphold the dignity of their
profession or if they consciously commit a serious mistake.
Article 4.
A representative body expressed by the judicial power has to decide on the judges’ career.
Article 5.
Judges must be impartial and must not be influenced by political parties, pressure groups or other institutions of the State.
Article 6.
Each African State has to provide judges with the necessary and sufficient resources required for the exercise of their activity by giving the judicial administration its own budget in order to guarantee the correct functioning of the judicial system.
Article 7.
Judges’ behaviour should conform to the dignity of their profession. Judges must be honest, competent, sufficiently trained and legally qualified.
Article 8.
Judges must be bound by professional secrecy with regard to the decisions they make and information they have due to the exercise of their functions.
Article 9.
Appropriate remuneration must be granted to judges in order to safeguard their dignity, impartiality and independence.
Article 10.
Judges cannot be transferred without their consent.
Article 11.
Judges cannot be held responsible personally and directly brought into court in connection with the exercise of their functions.
Article 12.
Judges can be suspended or dismissed only in case they are not able to continue to exercise their functions due to inability or bad behaviour.
Article 13.
A special committee formed by members of the representative body of judges alone can impose disciplinary measures against judges whose behaviour violates their professional dignity.
Article 14.
Judges have the right to constitute judges’ associations to defend their interests, to assert their rights and to protect their independence.
International Association of Judges
Union Internationale des Magistrats
Palazzo di Giustizia
Piazza Cavour – 00193 – Roma, Italy
tel. +39 06 6883 2213 – fax. +39 06 687 1195
