Pak money laundering laws should conform to global standards
April 16, 2012
ISLAMABAD: The International Judicial Conference concluded here on Sunday with the declaration that the judiciary in Pakistan must operate free from actual or perceived influence and no other branch of government should be allowed to exercise either direct or indirect control over the critical inputs of the courts.
The Declaration was read out by Chief Justice Iftikhar Muhammad Chaudhry who said the delegates of the International Judicial Conference 2012 had re-affirmed their resolve to adhere to the time-honoured adage that “there is one law for all, namely, the law which governs all laws, the law of our Creator, the law of humanity, justice, equity — the law of nature and of nations.”
Further declarations of the conference were as followed: It is declared that the effective management of the court system by court administrators will allow judges to focus on their adjudicatory duties rather than administrative responsibilities. Courts must continue to decide cases on merit in accordance with the law expeditiously, and ensure the execution and enforcement of decrees and orders effectively.
The effective management of the court system by court administrators will allow judges to focus on their adjudicatory duties rather than administrative responsibilities. Courts must continue to decide cases on merit in accordance with the law expeditiously, and ensure the execution and enforcement of decrees and orders effectively.
In respect to the role of the judiciary in the promotion of a culture of tolerance it is declared that all stakeholders work together towards instilling the principles of the rule of law in Pakistan. It is recognized that Pakistan requires an objective mechanism to measure its adherence to the rule of law, and it is declared that the World Justice Project's Rule of Law Index and the Framework for Court Excellence be utilized in this regard.
It is fundamental that honest and dedicated persons who share a strong commitment to the dispensation of justice be appointed as judges. It is further recommended that all authorities act in support of the Supreme Court in accordance with Article 190 of the Constitution.
It is imperative to enforce the fundamental rights of the people of Pakistan as encapsulated in Articles 9 to 28 of the Constitution, in light of Articles 37 and 38 which provide guidelines for the promotion of social justice, eradication of social evils and social and economic well-being of the people.
On the subject of terrorism and money laundering, it is hereby declared that both terrorism and money laundering constitute grave threat to civilized nations throughout the world. Pakistani laws dealing with these issues may be brought in conformity with international standards as well as Pakistan's commitments under various international legal obligations.
It is further declared that all relevant bodies such as law enforcement agencies, prosecutors and presiding officers of the trial courts be provided the necessary training and capacity building in dealing with these offences. And that Hawala/Hundi transactions to be discouraged, including over-invoicing and under-invoicing through effective mechanisms of regulating with surveillance. It is also emphasised that Pakistan should seek to strengthen its mutual legal assistance arrangements with various countries to ensure better coordination, information-sharing, timely and effective provision of support from the relevant law enforcement agencies operating in different countries.
On the subject of the Role of the Judiciary in Good Governance, it is hereby declared that good governance in advanced societies depends on strong and well entrenched institutions, it is recommended that the judiciary being a fundamental organ of the state governs itself more effectively and efficiently.
It is recommended that the judiciary recognise that its primary duty lies in interpreting and implementing laws and not in the governance of society that may come about only as an ancillary effect of its decisions.
It is further recommended that the superior courts articulate a consistent and clearly defined doctrine of judicial review so that depending on the nature and context of the rights involved, relevant standards of review may be applied. It is also important that the judiciary exercises judicial restraint so that it may not be perceived as excessively encroaching upon the roles and functions of the coordinate branches of the government.
It is also proposed that a Code of Conduct may be devised for judicial officers and also be strictly enforced. In dealing with complex commercial issues, it is suggested that the judiciary relies on and utilizes expert knowledge and opinion so that a more informed verdict may be reached. Finally, it is recommended that the judiciary recognize the role of quasi judicial bodies in the administration of justice and actively promotes and facilitates their functioning.
On the subject of Alternate Dispute Resolution it is hereby declared that the Bar should encourage advocates to participate in the mediation process and should recognize that ADR is not a threat to lawyers' incomes but in fact an opportunity to expand their businesses.
It was further recommended that ADR provisions of Section 89A of Code of Civil Procedure 1908, which are only optional at present, may be made mandatory in all civil proceedings. It was also proposed that to encourage parties to opt for mediation, effective cost sanctions be imposed at all stages in litigation proceedings and the cost ceilings presently in force by the High Court rules be removed.
With respect to establishment of ADR centres, it was suggested that as a first step an MOU may be entered into between the Federal Judicial Academy and Karachi Centre for Dispute Resolution so that the FJA may avail of the services of KCDR's faculty to train judicial officers in Mediation. To study the progress of ADR and to further devise policies for its promotion as a viable alternative to litigation, it is proposed that data regarding ADR cases may be tracked and analyzed pertinently cases decided by court mediation. It is finally recommended that ADR be introduced as an academic subject not only in law schools but also in institutions imparting business studies.
On the subject of International Arbitration it is hereby declared that the recent enactment of New York Convention 1958 and the ICSID Convention 1966 in Pakistan is a welcome step, which would help attract more foreign investment in to the country. It is highly recommended that these international treaty obligations be fully respected and implemented by the courts, both as a matter of rule of law but also to avoid adverse and unintended consequences under the relevant international law regimes.
On the subject of Judicial Education, it is hereby declared that Judicial Education should be re-focused on its most important objective which is sensitizing judges and other associated professionals to the pain of the litigants and instilling in them respect for popular wisdom.
For the furtherance of this purpose, it is recommended that Judicial Academies impart to the judges not only knowledge of substantive law but also the skills most necessary and commonly used in their judicial work.
It is further suggested that the time allotted for training in judicial academies also be increased, while the training itself be based on formal national standards of judicial education. It is also recommended that these Academies offer periodic refresher courses to enhance the capacity of judges and support staff. Finally, it is emphasized that the National Judicial Policy 2009 may not be interpreted as barring serving judges from getting posted in the Judicial Academies as teaching faculty.
On the subject of Parental Child Abduction and Transnational Jurisdiction it is hereby declared that cogent steps be taken to improve the efficiency of the UK-Pakistan Judicial Protocol on Children Abduction signed in 2003.
More importantly, it is recommended that the Pakistani Government may strongly consider entering into treaties with countries to give effect to judgments in foreign jurisdictions. To ensure effective dispensation it is imperative to establish dedicated special benches at Provincial levels, along with inter-agency steering committees, focused primarily on issues of parental child abduction. Another possible mode may be to encourage the establishment of centers of help or NGOs which specialize in the particular needs of both parents and children threatened by the prospect or suffering from the reality of child abduction in any of its forms.
Finally it is recommended that dispute resolution mechanisms, such as mediation, be employed in resolving cases of child abduction.
On the subject of Environmental Law & Public Interest Litigation it is hereby declared that the Bhurban Environmental Declaration-2012 is fully endorsed and it is agreed that information on environmental challenges and legal issues, and best practices be disseminated. It is further recommended that specialised environmental tribunals be strengthened and environmental training be provided.
It is also important to ensure that judicial decisions on environmental cases be made available publically and promptly implemented while law schools should be encouraged to include environmental law in their curriculum and furthermore environmental law training be provided to judges and lawyers.
On the subject of Gender Bias and Judicial Empathy it is hereby declared that a Judicial Commission on Gender Equality and Judicial Empathy be established. Judges, court staff and counsel be required to undergo training and capacity building through judicial academies on issues of gender bias and judicial empathy. A code of conduct on gender sensitivities be devised for all who are associated with the judicial system. In order to create wider awareness subjects relating to gender sensitivities and judicial empathy be included in the curriculum of law schools.
The Declaration was read out by Chief Justice Iftikhar Muhammad Chaudhry who said the delegates of the International Judicial Conference 2012 had re-affirmed their resolve to adhere to the time-honoured adage that “there is one law for all, namely, the law which governs all laws, the law of our Creator, the law of humanity, justice, equity — the law of nature and of nations.”
Further declarations of the conference were as followed: It is declared that the effective management of the court system by court administrators will allow judges to focus on their adjudicatory duties rather than administrative responsibilities. Courts must continue to decide cases on merit in accordance with the law expeditiously, and ensure the execution and enforcement of decrees and orders effectively.
The effective management of the court system by court administrators will allow judges to focus on their adjudicatory duties rather than administrative responsibilities. Courts must continue to decide cases on merit in accordance with the law expeditiously, and ensure the execution and enforcement of decrees and orders effectively.
In respect to the role of the judiciary in the promotion of a culture of tolerance it is declared that all stakeholders work together towards instilling the principles of the rule of law in Pakistan. It is recognized that Pakistan requires an objective mechanism to measure its adherence to the rule of law, and it is declared that the World Justice Project's Rule of Law Index and the Framework for Court Excellence be utilized in this regard.
It is fundamental that honest and dedicated persons who share a strong commitment to the dispensation of justice be appointed as judges. It is further recommended that all authorities act in support of the Supreme Court in accordance with Article 190 of the Constitution.
It is imperative to enforce the fundamental rights of the people of Pakistan as encapsulated in Articles 9 to 28 of the Constitution, in light of Articles 37 and 38 which provide guidelines for the promotion of social justice, eradication of social evils and social and economic well-being of the people.
On the subject of terrorism and money laundering, it is hereby declared that both terrorism and money laundering constitute grave threat to civilized nations throughout the world. Pakistani laws dealing with these issues may be brought in conformity with international standards as well as Pakistan's commitments under various international legal obligations.
It is further declared that all relevant bodies such as law enforcement agencies, prosecutors and presiding officers of the trial courts be provided the necessary training and capacity building in dealing with these offences. And that Hawala/Hundi transactions to be discouraged, including over-invoicing and under-invoicing through effective mechanisms of regulating with surveillance. It is also emphasised that Pakistan should seek to strengthen its mutual legal assistance arrangements with various countries to ensure better coordination, information-sharing, timely and effective provision of support from the relevant law enforcement agencies operating in different countries.
On the subject of the Role of the Judiciary in Good Governance, it is hereby declared that good governance in advanced societies depends on strong and well entrenched institutions, it is recommended that the judiciary being a fundamental organ of the state governs itself more effectively and efficiently.
It is recommended that the judiciary recognise that its primary duty lies in interpreting and implementing laws and not in the governance of society that may come about only as an ancillary effect of its decisions.
It is further recommended that the superior courts articulate a consistent and clearly defined doctrine of judicial review so that depending on the nature and context of the rights involved, relevant standards of review may be applied. It is also important that the judiciary exercises judicial restraint so that it may not be perceived as excessively encroaching upon the roles and functions of the coordinate branches of the government.
It is also proposed that a Code of Conduct may be devised for judicial officers and also be strictly enforced. In dealing with complex commercial issues, it is suggested that the judiciary relies on and utilizes expert knowledge and opinion so that a more informed verdict may be reached. Finally, it is recommended that the judiciary recognize the role of quasi judicial bodies in the administration of justice and actively promotes and facilitates their functioning.
On the subject of Alternate Dispute Resolution it is hereby declared that the Bar should encourage advocates to participate in the mediation process and should recognize that ADR is not a threat to lawyers' incomes but in fact an opportunity to expand their businesses.
It was further recommended that ADR provisions of Section 89A of Code of Civil Procedure 1908, which are only optional at present, may be made mandatory in all civil proceedings. It was also proposed that to encourage parties to opt for mediation, effective cost sanctions be imposed at all stages in litigation proceedings and the cost ceilings presently in force by the High Court rules be removed.
With respect to establishment of ADR centres, it was suggested that as a first step an MOU may be entered into between the Federal Judicial Academy and Karachi Centre for Dispute Resolution so that the FJA may avail of the services of KCDR's faculty to train judicial officers in Mediation. To study the progress of ADR and to further devise policies for its promotion as a viable alternative to litigation, it is proposed that data regarding ADR cases may be tracked and analyzed pertinently cases decided by court mediation. It is finally recommended that ADR be introduced as an academic subject not only in law schools but also in institutions imparting business studies.
On the subject of International Arbitration it is hereby declared that the recent enactment of New York Convention 1958 and the ICSID Convention 1966 in Pakistan is a welcome step, which would help attract more foreign investment in to the country. It is highly recommended that these international treaty obligations be fully respected and implemented by the courts, both as a matter of rule of law but also to avoid adverse and unintended consequences under the relevant international law regimes.
On the subject of Judicial Education, it is hereby declared that Judicial Education should be re-focused on its most important objective which is sensitizing judges and other associated professionals to the pain of the litigants and instilling in them respect for popular wisdom.
For the furtherance of this purpose, it is recommended that Judicial Academies impart to the judges not only knowledge of substantive law but also the skills most necessary and commonly used in their judicial work.
It is further suggested that the time allotted for training in judicial academies also be increased, while the training itself be based on formal national standards of judicial education. It is also recommended that these Academies offer periodic refresher courses to enhance the capacity of judges and support staff. Finally, it is emphasized that the National Judicial Policy 2009 may not be interpreted as barring serving judges from getting posted in the Judicial Academies as teaching faculty.
On the subject of Parental Child Abduction and Transnational Jurisdiction it is hereby declared that cogent steps be taken to improve the efficiency of the UK-Pakistan Judicial Protocol on Children Abduction signed in 2003.
More importantly, it is recommended that the Pakistani Government may strongly consider entering into treaties with countries to give effect to judgments in foreign jurisdictions. To ensure effective dispensation it is imperative to establish dedicated special benches at Provincial levels, along with inter-agency steering committees, focused primarily on issues of parental child abduction. Another possible mode may be to encourage the establishment of centers of help or NGOs which specialize in the particular needs of both parents and children threatened by the prospect or suffering from the reality of child abduction in any of its forms.
Finally it is recommended that dispute resolution mechanisms, such as mediation, be employed in resolving cases of child abduction.
On the subject of Environmental Law & Public Interest Litigation it is hereby declared that the Bhurban Environmental Declaration-2012 is fully endorsed and it is agreed that information on environmental challenges and legal issues, and best practices be disseminated. It is further recommended that specialised environmental tribunals be strengthened and environmental training be provided.
It is also important to ensure that judicial decisions on environmental cases be made available publically and promptly implemented while law schools should be encouraged to include environmental law in their curriculum and furthermore environmental law training be provided to judges and lawyers.
On the subject of Gender Bias and Judicial Empathy it is hereby declared that a Judicial Commission on Gender Equality and Judicial Empathy be established. Judges, court staff and counsel be required to undergo training and capacity building through judicial academies on issues of gender bias and judicial empathy. A code of conduct on gender sensitivities be devised for all who are associated with the judicial system. In order to create wider awareness subjects relating to gender sensitivities and judicial empathy be included in the curriculum of law schools.
