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 Judicial Independence and Integrity as a Pillar for Access to Justice

Session Time and Date  

11 November, 15:45– 17:15

Meeting Room A

Concept Summary  

Judicial independence and integrity are essential pillars of the rule of law and access to justice. When judges are free from undue influence and uphold the highest ethical standards, public trust in the judiciary is strengthened. This session will delve into the critical relationship between judicial integrity, independence, and access to justice in the region. 

This session will explore the findings of the 2023-2024 study on judicial independence and integrity in ASEAN, followed by a panel discussion featuring members of the Judicial Integrity Network Advisory Working Group. The panel will focus on the current challenges faced by judiciaries, and participants will have the opportunity to engage in discussions on strategies and recommendations for strengthening judicial independence in the region. 

Objectives 

  • Present Key Findings from the 2023-2024 study on judicial independence and integrity, involving feedback from over 1,700 judges across ASEAN countries. 

  • Discuss Main Threats to judicial independence, including political interference, lack of transparency, inadequate accountability mechanisms, and corruption. 

  • Highlight Best Practices and recommendations for safeguarding judicial integrity, with insights from the Judicial Integrity Network Advisory Working Group. 

  • Promote Dialogue among stakeholders on the importance of judicial independence as a cornerstone of access to justice and trust in the legal system. 

 

Questions 

  • What are the primary threats to judicial independence and integrity in the ASEAN region, based on the 2023-2024 research? 

  • How do these threats affect the overall access to justice for marginalised and vulnerable groups in ASEAN countries? 

  • What role do national governments, legal practitioners, and international bodies play in strengthening judicial independence and reducing political or economic influence on courts? 

  • What are the most effective strategies to enhance accountability and transparency within the judiciary while maintaining independence? 

  • How can regional cooperation and networks, such as the Judicial Integrity Network in ASEAN, contribute to sustained judicial reforms? 

Format/Methodology 

  • Opening Presentation (15 minutes): Overview of the 2023-2024 research findings on judicial independence and integrity in ASEAN. Focus on data analysis, key trends, and insights. 

  • Panel Discussion (30 minutes): Featuring 4-5 members from the Judicial Integrity Network Advisory Working Group. Each panelist will discuss a specific aspect of judicial integrity, threats to independence, and their recommendations for strengthening judicial resilience. 

  • Q&A Session (25 minutes): Audience interaction, where participants can pose questions to the panelists, followed by an open dialogue on solutions and the way forward. 

  • Conclusion and Call to Action (20 minutes): Summary of key takeaways, emphasizing the importance of collective efforts to protect judicial independence and integrity across ASEAN countries and beyond, with a roadmap for future action. 

Expected Outcome

  • Enhanced Understanding of the current state of judicial independence in the region and the specific threats faced by national judiciaries. 

  • Identification of Practical Recommendations for strengthening judicial integrity, reducing vulnerabilities, and fostering greater public trust in the judiciary. 

  • Commitment to Regional Cooperation through the Judicial Integrity Network and similar initiatives to promote judicial reform and protect judicial independence in the region. 

Speakers and Moderator

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Hon. Chief Justice Syed Refaat Ahmed

Born on December 28, 1958, and son of Late Barrister Syed Ishtiaq Ahmed and Late National Professor Dr. Sufia Ahmed, he is a distinguished legal professional and scholar. He obtained his LL.B. (Hons) with first-class honors from the University of Dhaka and pursued further studies at the University of Oxford (B.A. in Jurisprudence, M.A.) and the Fletcher School of Law and Diplomacy, Tufts University, USA (M.A. in Law and Diplomacy, Ph.D.). A Ford Foundation Fellow in Public International Law, he has been an Advocate of the Bangladesh Supreme Court since 1984 and became a Judge of the High Court Division in 2005.

He has published extensively, including "Digital Footprints: A Rights-Based Perspective" (2020) and contributed to a 2024 Routledge publication on the Bangladeshi Constitution. His career includes work as a lawyer in London, with the UNHCR, and as a Founder Member of the Global Judicial Institute on the Environment. He organized the 2016 South Asia Judicial Conference on Environment and Climate Change and has participated in numerous international conferences, including speaking engagements in China and globally recognized events.

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Face pic Shusaku Tatara (1).jpeg
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Shusaku Tatara

Judge in the First Civil Division at Chiba District Court, Japan.

His judicial career spans various roles including international experience as a legal expert with the Japan International Cooperation Agency (JICA) in Vietnam. He also served as a government attorney and lecturer at the Ministry of Justice. 

Mr. Tatara holds an LL.M. from the University of Pennsylvania Law School and has completed extensive legal training in Japan. He passed the Japanese Bar Examination in 2004 and has contributed to numerous legal publications, especially in civil litigation and Vietnamese law.In recognition of his work in Vietnam, he was awarded a Medal by the Supreme People’s Court of Vietnam in 2014. 

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YA Dato' Mary Lim Thiam Suan

Advocacy trainer at  Bar Council Malaysia

Dato’ Lim is a qualified advocacy trainer with the Bar Council Malaysia as well as a member of the international faculty of advocacy trainers.  She is currently a Visiting Professor at Hainan University and Guangxi University, member of the Special Advisory Committee of the Permanent Forum on China Construction Law (PFCCL), member of Judicial Integrity Network, Fellow of the International Academy of Construction Lawyers, and Chairperson of the Protem Committee for the Asian International Arbitration Centre (AIAC) Court of Arbitration. 

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JUSTICE SHIRANEE TILAKAWARDANE 

Consultant to the Sri Lanka Judges Institute

Justice Shiranee Tilakawardane is a distinguished legal professional and child rights advocate, currently serving as a Consultant to the Sri Lanka Judges Institute, an International Arbitrator, and an accredited Mediator with the Singapore International Mediation Institute. Her extensive career includes roles as an advisor for global organizations such as UNDP, UNODC, ILO, and ICJ, and she serves on the Advisory Board of the ASEAN Judicial Integrity Network. She is also Deputy Chair of the Judicial Integrity Group, contributing to updates on the Bangalore Principles.

Justice Tilakawardane has an illustrious judicial career as Sri Lanka's first female State Counsel, High Court Judge, Admiralty Court Judge, and Justice of the Court of Appeal, where she eventually became the first woman President. She ascended to the Supreme Court in 2003 and served as an Acting Chief Justice. Recognized for her contributions, she holds honorary doctorates from Smith College and Williams College and awards such as the Shakti Award from CIDA and the International Zonta Award.

An accomplished educator and speaker, she has contributed to child witness guidelines for the ICC and cybercrime protections under the Budapest and Lanzarote Conventions. Justice Tilakawardane continues to be an influential figure, lecturing globally on AI and judicial integrity and championing child rights and judicial ethics worldwide.

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Diana Torres

(Moderator)

Regional Governance Advisor, UNDP Bangkok Regional Hub  Asia and the Pacific.

Diana has over 20 years of experience in promoting democratic governance and strengthening state institutions across Latin America, Asia, the Pacific, and Gulf countries. Since joining UNDP in 2008, Diana has led teams and managed global, regional, and country portfolios, focusing on governance and human rights. She has conducted research and co-authored policy papers on accountability systems at the subnational level, anti-corruption measurement, sectoral integration, and open and transparent public procurement systems. 

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Tomas Kvedaras 

Project Manager, Judicial Integrity Network in ASEAN, UNDP Bangkok Regional Hub

Tomas supports anti-corruption, human-rights and rule of law projects across Asia. Prior to that, he was based in Jordan, where he supported UNDP Governance and Peace Pillar implementing decentralization, government integrity and accountability-related programs. Before joining the United Nations, he served as a diplomat in Lithuania’s Ministry of Foreign Affairs and EU’s External Action Service, including in missions to the UN Security Council and Afghanistan. 

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