The Raoul Wallenberg Institute of Human Rights and Humanitarian Law, with the help of two authors and in close cooperation with seven judicial institutes in the region, is issuing two new books titled “Arab Jurisprudence in the Application of International Resources of Human Rights” and “Arab Jurisprudence in the Application of International Resources of Women’s Human Rights.”
During a recent gathering to get feedback about the content of one of the books from the different judicial institutes in the region, RWI’s programme officer, Eman Siam, posed a few questions to Mohammad Al Taher Al Hamdi, Director General of the Higher Judiciary Institute in Tunisia.
What does this project mean for the Higher Judicial Institute in Tunisia, and how does it coincide with the Arab Spring changes?
First, I would like to note that teaching the Human Rights course at the Higher Judiciary Institute became mandatory in 1993. The first article of the decision by the Minister of Justice, dated 26 June 1993, outlined that these courses aim to develop knowledge on the study of international agreements, recommendations and codes of ethics passed by the UN and the regional human rights organizations, international protection mechanisms and comparative law. These courses also aim to achieve enrichment on international criteria aimed to guaranteeing the rights of litigants and the administration of justice.
The Arab Spring revolutions, ignited by the Tunisian revolution, were mainly motivated by demanding basic human rights. There is no doubt that the RWI programs and activities in the region and around the world raised awareness on these rights.
It is no surprise that the constitution of the Second Republic in Tunisia, passed in January 2014, was unprecedented in entrenching the system of human rights, by holding the state responsible for guaranteeing these rights, and mandating judges to protect these rights and freedoms from violation. This was stipulated in Article 49 of the new constitution.
In view of this new rights climate in our countries and our firm belief that judges must stand firmly and capably in service of human rights, the Higher Judiciary Institute sought to direct students towards addressing these rights in their research papers, in order to achieve two goals. First, to train judges on interacting with these rights academically and consciously so that they may defend them later. And second, to enrich the Institute’s library with research that constitutes a reference for its visitors. As a result, 46 research papers out of a total of 121 covered constitutional human rights.
How important are the two books that will be finalized by RWI in Amman before the end of 2015 on Arab Jurisprudence in the application of international human and women’s rights resources, especially in light of your contribution to them?
There is no doubt that the information in the books was presented in a manner that reflects the depth of research and professionalism of its writers, making the work of the highest quality. I have nothing to add to the comments I made during the discussion sessions. However, I hope that we will be allowed to provide the latest decisions in the areas covered by the research, in order to provide more information that may prompt researchers to interact with it, thus providing a clear idea on the role of the Tunisian judiciary in enforcing the system of human rights.
Any other information you would like to add?
I hope that RWI, a beacon of nurturing a culture of human rights so that the quality of justice may be maintained, pushes towards added coordination between Arab and international judicial institutes in order to unify judicial opinions on the requirements for protecting these rights.
Mohammad Al Taher Al Hamdi
Director General of the Higher Judiciary Institute in Tunisia.
Judge since 1985 and academic researcher with the Legal and Judicial Studies Center. Working on drafting of bills by supervising the General Directorate of Legislation and Studies of the Ministry of Justice, including the Higher Judicial Council and the Constitutional Court bills. Currently writing a Ph.D. thesis these on judges and justice.
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