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Home > Georgia Journal of International & Comparative Law > Vol. 53 > No. 3 (2025)

 

Document Type

Article

Abstract

A country’s system for the administration of justice significantly impacts the rights and lives of its inhabitants, which may include citizens, nationals, and temporary residents (e.g., refugees, asylum seekers, religious pilgrims, and other travelers in transit). A robust and fair system for the administration of justice is an important element of the rule of law and serves as a guard against impunity in general and the abuse of human rights and fundamental freedoms in particular. Such a robust system for the administration of justice is especially important for the protection of the rights of vulnerable groups (e.g., women and girls, ethnic and religious minorities, persons with disabilities, urban poor—especially including people living in slums and informal settlements within the urban areas—and rural inhabitants). Courts in many countries, including those in Africa, have affirmed the importance of an equitable and effective system for the administration of justice to the protection of the rights of citizens. One of these rights is the right to a fair trial, which has been established in several international and regional human rights instruments, as well as in the constitutions of many African countries. The realization of the right to a fair trial, however, is dependent on the quality of a country’s judiciary, specifically, the extent to which its courts are independent and can freely adjudicate cases brought before them without interference by the political branches. Examination of court cases from several African jurisdictions shows that, despite the fact that many of these countries face challenges regarding the independence of their judiciaries, the decisions of their courts are contributing to the building of a robust jurisprudence on the right to a fair trial in the continent.

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