Creation in Abidjan of the standardized statute of judicial officers of Africa

A historical moment for the judicial officers of Africa

The international conference was held in Abidjan in the presence of president Jacques Isnard and of the members of the UIHJ, the experts of the Training Unit of the African judicial officers (Ufohja), of the presidents of ten countries of the zone, members of the UIHJ, the members of the national Chamber of the judicial officers of Ivory Coast and approximately 80 judicial officers of the Ivory Coast.
President Crepin Oulai, president of the National Chamber of the judicial officers of Ivory Coast accommodated the participants and gave the roadmap of the workshops, while insisting on the role of the judicial officer, factor of the maintenance of the State of Law.
In turn, Jacques Isnard, president of the UIHJ, insisted in on the will to build a modern profession of judicial officer for Africa, and greeted the signature of the project of a standardized statute of the profession by the ten present presidents of the Ohada countries for West Africa, “a historical moment for the judicial officers of Africa” he added.
It belonged to Mr. Tia Koné, President of the Supreme Court of Ivory Coast, to open the seminar. Mr. Koné emitted the wish “to share our experiments to arrive to a better result”. “The Ivory Coast stands solid” he added. “The State of Law is a permanent search, a daily fight that the judges cannot carry out alone. Like the links of a chain, the various members of the legal institution must remain united in order to fight everything arbitrary. I wish that the works of your conference will lead to specific proposals” he concluded.

African judicial officers and social protection

On the fringe of the seminar and within the framework of the reflection carried out on the social status of the judicial officer in Africa, Francis Guépin (France), member of the board of the UIHJ, presented, as an introduction, the various aspects of social protection: the covering of the health or accident related risks, or the pension plans which could be set up in Africa.
The first workshop animated by Claudine Mougni (Benign), Tano François Wouedje (Ivory Coast) and Francis Guépin (vice deputy president of the UIHJ) had as a subject: “Mechanisms of enforcement resulting from the Ohada: which effectiveness?” It was the occasion to draw up a summary of practically ten years of application of the uniform act on enforcement..
The second workshop led by Odette Remanda (Gabon) and Rose-Marie Bruno (expert of the French National School of Procedure) was initially devoted to the study of the seizure of bank accounts and the problems arising in particular as for the lack of collaboration of the seized third party. In the second time, it related to the problems and the specificity of the seizure of the social shares. This workshop had as a subject: “The attachment of monies and the seizure of intangible assets”.
The third workshop animated by Severin Somda (Burkina Faso) and Anne Kérisit had as a subject: “Practice of distress as regards Ohada: which assessment?”
On Friday 2nd March, after a summary of the works of the previous day by Kouassi Kouadio (technical adviser at the Ministry of Justice of the Republic of Ivory Coast), opened the fourth workshop with the topic: “Difficulties in the enforcement of the executory titles”. It was led by Alphonse Kibakala (Congo), Filifing Dembélé (Mali) and Anne Kérisit.

The role of the judicial officer in the State of Law

These two working days were the occasion of exchanges between the participants of the various delegations whose presence large number was greeted by President Crépin Oulai.
Before leaving the final word to the president of the Supreme Court of Ivory Coast, Jacques Isnard recalled three axis which obviously show the role of the judicial officer in the State of Law:

President Koné closed the works of the conference, in the hope that his wish would become reality: “the State of law and the authorities must submit to the respect of the law while being subjected to a jurisdictional control”.

A series of great meetings for the UIHJ

The delegation of the UIHJ, consisting in President Jacques Isnard, Francis Guépin, member of the board and delegated Vice-President, Honoré Aggrey, permanent secretary of the UIHJ for central and Western Africa, accompanied by Jules Cissé Yao, Vice-President of the National Chamber of the judicial officers of Ivory Coast, was received by Charles Konan Banny, Prime Minister of Ivory Coast.
This audience was granted within the framework of the international conference. The two days topic, “the judicial officer and the State of Law”, closely echoed the conflicting situation in which lies the Ivory Coast and that everyone wish to see the end.
In spite of the heaviness of a timetable related to the constraints of a decisive political news for the future of the country, on 3rd March, in the middle of the conclusions of a mediation agreement carried out by Blaise Compaoré, President of the Republic of Burkina Faso, - the Prime Minister made a point of expressing his attachment to the action of the UIHJ.
In this respect, Mr. Charles Konan Banny insisted - in correlation with the topic of the conference - on the eminent role which falls to the lawyers, and consequently to the judicial officers, “a body of essential professionals” for the maintenance of the State of Law, which Mrs. Jacqueline Lohoues Oblé, principal adviser, former Minister for Justice, professor at the Faculty of Law of Abidjan and in addition one of the most implied actress in the implementation of the Ohada, could not contradict,
The Ohada was to be largely approached besides in the discussions while insisting on the positive image that instrument gives, symbol of the capacity of Africans to build on the assets and causing in addition covetousness and admiration.
The delegation of the UIHJ and the National Chamber of the judicial officers of Ivory Coast did not to miss on this occasion to put the accent on the conclusions of the conference of the presidents of the National chambers of judicial officers who had just adopted - unanimously - the text of a project of an uniform act relating the harmonized statute of the judicial officers. This gave the occasion of the Head of the Government of Ivory Coast to address his warmest congratulations.

Politics is the capacity and capacity is the result

Lastly, on the situation of the Ivory Coast and the current political events, the Prime Minister had this thought: “Politics is the capacity and capacity is the result”. Approval was unanimous on the fact that the very next results of the talks in progress, considered to be positive, would lead the Ivory Coast to take further steps towards progress and development “only delayed because of circumstances” was to punctuate Mr. Konan Banny before greeting the initiative of the UIHJ and expressing how much its presence in these moments was appreciated like a token of the future of the country, since the UIHJ was one of the first international organizations to meet in Abidjan within the framework of a great international meeting.
It was then the turn of Mr. Mamadou Koné, Minister for justice, to exchange with the president of the UIHJ some remarks on the international conference while insisting on the interest of the topic which had been retained. Mr. Koné was, in addition, to discuss with the delegation of the Ivory Coast on the current problems the profession in the country.

The State of Law: the obligation for the authorities to submit to jurisdictional control

Then Mr. Tia Koné, president of the Supreme Court of Ivory Coast, greeted the delegations of the UIHJ and the representative of the National Chamber of the judicial officers of Ivory Coast.
The meeting was particularly hearty and warm. It was to be articulated around the questions which the subject of the conference had caused i.e. on the State of Law. According to Mr. Tia Koné, the State of Law is “the obligation for the authorities to admit the respect of the Law, therefore to submit to a jurisdictional control”.
To this, President Oulai added: “the judicial officers are legalists”.
Lead by Tia Koné and Jacques Isnard, the discussion was to continue with Honoré Aggrey, permanent secretary of the UIHJ for Africa and Francis Guépin, vice-deputy President of the UIHJ. The exchanges were to relate to the activities of the judicial officer, his role in Africa, and on the considerable progress achieved by the profession in the space of a few years. Lastly, the situation of our colleagues of the Ivory Coast was to be approached, in particular with the questions of tariff and with the remuneration which is unchanged since 1975. This, it seems, would quickly to evolve in favor of a substantial revalorization.
In his remarks, President Isnard was to insist on the contribution of the judicial officer in the State of Law by recalling the principal contributions of our profession in this delicate matter: guarantor of legal safety, essential workings of any legal system (in what it ensures the effectiveness of the enforcement of court decisions), element of fight against corruption and impervious to political pressures,...
In conclusion, the president of the UIHJ was to point out (jointly with President Oulai) the recognition conferred on the judicial officer “as an element essential in the State of Law”.
The broad extracts devoted in particular by the television channels to these various talks were to contribute to develop the media image of the judicial officers of Ivory Coast.