Commitment
Harmonise and publish the internal rules, regulations and procedures of the courts
TOPIC:
Access to Justice
Source
SAP
Reference
NSAP 2019-2023: Good Governance, Section 5.1: Rule of Law and Judicial Reform Policy 4: Promote Access to Justice and Expedite Delivery of Justice, Subsection 4.3(c)
Date Updated
Apr 30, 2023
0
Partially Realized
Mechanism for Realization
Multiple internal rules have been established since 2019, however, harmonizing these internal rules, regulations and procedures of the courts has been problematic. Participants of the monitoring project noted that various sections and divisions of the same court follow different internal rules and procedures.
A new Civil Procedure Code [CPC, Law. No.: 32/2021 (16 December 2021)] came into effect in 2022, which has introduced major changes to the civil justice system of the country. As a result of the new legislation, judges, lawyers and court officials have been focusing on creating and adjusting to the structural and process changes required by the CPC. The system is facing many delays due to lack of awareness on the new law, budget issues and adjusting to the scope of the legislation. CPC has been identified as the most challenging law to be introduced in recent times in the Maldives, requiring an overhaul of the entire system, multiple and lengthy formalities for lawyers and justice seekers, and provision of timelines which is creating further delays to access services needed. Many noted that the CPC has brought the system ‘to a halt’ and immediate attention must be given by the legislature and the judiciary, to rectify the issues. Furthermore, all internal rules, regulations and procedures of the courts must be revisited again and completed at the earliest to avoid any further disruptions to the civil justice system.
Budget
State Budget (salaried staff to implement actions)
UNDP
50%
Realization
Political Process Monitoring Report on Access to Justice after NSAP 2019-2023 Reforms (ERI, April 2023)