· Seeks potentials in addressing complex public policy, environmental challenges
From FAUSTINE KAPAMA-Judiciary of Tanzania in Kampala
THE Chief Justice of Tanzania, His Lordship Prof. Ibrahim Hamis Juma today dated March 6, 2024 led a forum at the Africa Judiciaries’ Summit in Uganda to discuss Alternative Dispute Resolution (ADR) in Public Policy and Environmental Disputes.
The discussants to the Forum were the Chief Justice of the Federal Republic of Somalia, Hon. Bashe Yusuf Ahmed and Lady Justice from Ghana, Hon. Angelina Mensah-Homiah, while the main presenter came from Pepperdine University, Prof. Alana Knaster.
Opening the discussion, His Lordship pointed out that ADR was a topical issued, which is very current, thus cannot be avoided. He said that ADR in Africa is steadily growing, it is evolving very fast and was expanding into various arears.
Hon. Prof. Juma called for research, dialogue and collaboration to realize the full potential of ADR in addressing complex public policy and environmental challenges.
Speaking during the session, Justice Ahmed explained that public policy and environmental disputes often involve multiple stakeholders with diverse interests, ranging from government agencies and businesses to local communities and environmental groups.
He pointed out that traditional litigation can be ill-suited for such complex disputes, often leading to win-lose outcomes that leave some parties feeling dissatisfied and can even exacerbate existing tensions.
“The ADR, on the other hand, can offer a more promising path forward. Through processes like mediation and negotiation, stakeholders can engage in a structured dialogue, exploring their underlying interests and concerns,” His Lordship said.
According to him, such collaborative approach could lead to solutions developed through ADR are more likely to address the root causes of the dispute and promote long-term environmental protection, as all stakeholders have a stake in the outcome.
He pointed out that when parties are involved in crafting the solution, they are more likely to comply with the agreed-upon terms and that the collaborative nature of ADR can help to build trust and improve relationships between stakeholders, which can be beneficial for future cooperation.
Justice Ahmed explained further that it also important to highlight the potential of environmental ADR as an essential mechanism in resolving disputes arising from urbanization processes, involving key stakeholders such as developers, government agencies, and the public.
However, he said, examples from various continents indicate the importance of having a structured dispute resolution mechanism that can adapt to the complexities of environmental issues, offering a quicker, more participatory, and less adversarial alternative to conventional litigation.
He said that evidence also underscores the critical role of ADR in advancing public policy and environmental dispute resolution in urbanized settings.
By fostering a more inclusive, efficient, and adaptive dispute resolution framework, environmental ADR can significantly contribute to sustainable urban development and environmental conservation efforts.
This insight provides a compelling argument for the wider adoption and institutionalization of ADR mechanisms in environmental governance structures across Africa and beyond.
His Lordship proposed further efforts are needed to establish clear guidelines and frameworks for applying ADR to public policy and environmental disputes. This includes ensuring inclusivity and fair representation for all stakeholders, while upholding the principles of transparency and accountability.
On her part, Justice from Ghana, Hon. Angelina Mensah-Homiah emphasized on the need to resort to resolve conflicts through alternative means. She pointed out that like other countries, the Judiciary in Ghana also suffered from backlogs and they had to find a solution.
She explained that in 2005, the Chief Justice set up a task force to come up with a solution and the best solution that came out was to have an alternative dispute resolution court connected mediation.
Justice Mensah-Homiah said that thereafter a total of 77,264 were referred to mediation and out of those number, a total of 36,191 cases were successfully settled through mediation and the beauty of this process there is no appeal.
“Now let us look at this scenario where all these 36,000 cases if there were judgments of the court would have gone for appeal from the District Court to the Court of Appeal and in Ghana you can appeal, as right to the Supreme Court. Therefore, this has been a success story, we hope to do better,” she said.
On environmental issues, the justice recommended the leverage the strength of ADR while litigating its limitations and any ADR Practitioner can harness the potential to advance sustainable and equitable solution to complex public policy and environmental challenges.
“The best way to resolve the public policy and environmental disputes will depend on the specific conditions on the dispute. It is important to choose a process that is fair, efficient and effective in addressing the underlying issues,” she said.
Tanzania is guided by a policy in place since 1997 the first National Environmental Policy (1997) followed by the National Environment Policy 2021 which broaden a range of measures and actions responding to key environmental issues and challenges.
It provides the framework for an integrated approach to planning and sustainable management of environment in the country and fill the gaps identified in the implementation of the previous policy.
The Policy serves as a national framework for planning and sustainable management of the environment in a coordinated, holistic and adaptive approach taking into consideration the prevailing and emerging environmental challenges as well as national and international development issues.
It is supported by the institutional framework as well as legal framework such as the principal legislation and other principal and subsidiary legislations.
During the Summit, the Chief Justice has been accompanied by the Judge in Charge of the High Court of Tanzania, Mediation Center, Hon. Zahra Maruma and High Court Judge from the Centre, Hon. Isaya Arufani.
Other judicial leaders attending the two-day meeting are the Personal Assistant to the Chief Justice of Tanzania, Hon. Venance Mlingi, Deputy Registrar of the High Court Mediation Center, Hon. Augustina Mmbando and Protocol Officer, Mr. Juma Mshana.
The meeting that brings together Judges, Private Sector Actors, Independent Lawyers, Scholars and Prosecutors has been organized by the Judiciary of Uganda in collaboration with Pepperdine University in California, USA. The theme of the Summit is Re-engineering the Administration of Justice on the African Continent.
Hakuna maoni:
Chapisha Maoni