Memorandum of understanding

(a)In November 1999, following consultations initiated by Dr Nihal Jayawickrama and Mr Jeremy Pope, Executive Directors of Transparency International, ten Chief Justices and senior Justices agreed to participate in a project on “Strengthening Judicial Integrity” with a view to:

and to do so within the constitutional guarantees of judicial independence.

(b)The judges were: Judge Christopher Weeramantry, Vice-President of the International Court of Justice; Chief Justice M. L. Uwais (Nigeria), Chief Justice Ismail Mohamed (South Africa), Chief Justice F. L. Nyalali (Tanzania), Chief Justice Mustapha Kamal (Bangladesh), Chief Justice Sarath Silva (Sri Lanka), Chief Justice Y. Bhaskar Rao (Karnatake State, India), Justice Michael Kirby (High Court of Australia), Justice B. J. Odoki (Chairman of the Judicial Service Commission of Uganda), and Justice P. N. Bhagwati (former Chief Justice of India). The UN Special Rapporteur on the Independence of Judges and Lawyers, Dato Param Cumaraswamy, also agreed to participate in the project.

(c)In April 2000, a Preparatory Meeting of Chief Justices on Strengthening Judicial Integrity was convened at the Austria Centre in Vienna. It was hosted by the United Nations Centre for International Crime Prevention under the framework of the Global Programme Against Corruption and held in conjunction with the Tenth United Nations Congress on the Prevention of Crime and the Treatment of Offenders. The meeting was chaired by Judge Weeramantry. The other participants were Chief Justice Uwais (Nigeria), former Chief Justice Nyalali (Tanzania), Chief Justice Bhaskar Rao (Karnataka State, India), Chief Justice Latifur Rahman (Bangladesh), Justice Pius Langa (Deputy President of the Constitutional Court of South Africa), Justice Odoki (Chairman of the Judicial Service Commission of Uganda), and Justice Govind Bahadur Shrestha (representing the Chief Justice of Nepal). Justice Kirby (High Court of Australia) functioned as Rapporteur. Dato Param Cumaraswamy, UN Special Rapporteur on the Independence of Judges and Lawyers was in attendance as an Observer. Dr Nihal Jayawickrama served as Co-ordinator, while Mr Jeremy Pope served as facilitator.

(d) The Judicial Group on Strengthening Judicial Integrity (or the Judicial Integrity Group, as this body has now come to be known) has met thereafter on six other occasions - in Bangalore (2001), Colombo (2003), Vienna (2005), Vienna (2007), Lusaka (2010), and Munich (2012). A special meeting was held at the Peace Palace at The Hague (2002) with the participation of several other Chief Justices and senior Justices as well as Judges of the International Court of Justice. The participating Justices at that meeting, the purpose of which was to agree upon and adopt the final version of the Bangalore Principles of Judicial Conduct, and which was chaired by Judge Weeramantry, were Justice Vladimir Passos de Freitas (Brazil), Chief Justice Iva Brozova (Czech Republic), Chief Justice Mohammad Fathy Naguib and Justice Adel Omar Sherif (Egypt), Justice Christine Chanet (France), Chief Justice Genaro David Gongora Pimentel (Mexico), Chief Justice Mario Fumo Bartolomeu Mangaze (Mozambique), Chief Justice Pim Haak (Netherlands), Justice Trond Dolva (Norway), and Chief Justice Hilario G. Davide Jr and Justice Reynato S.Puno (Philippines).

(e) In addition to its original and present members, the following have also served as members of the Group: Chief Justice Mainur Reza Chaudhury (Bangladesh), Chief Justice P. V. Reddi (Karnataka State, India), Chief Justice K. N. Upadhyay (Nepal), Chief Justice N.K.Jain (Karnataka State, India), Chief Justice K. M. Hassan (Bangladesh), and Chief Justice Hilario G. Davide Jr (The Philippines).

(f) At its 5^th Meeting held in Vienna on 28 February 2007, the Judicial Integrity Group noted the progress that had been achieved so far; the increasing acceptance of its work by national judiciaries, international organizations including the United Nations, and non-governmental organizations concerned with the administration of justice; and the potential that exists for further contributions towards strengthening the integrity of judicial systems, and agreed that it was desirable that the informal understandings which form its unwritten constitution should now be recorded to facilitate its development and sustainability. Accordingly, the then members of the Judicial Integrity Group, namely, Judge Weeramantry (former Vice-President of the International Court of Justice), Chief Justice M.L.Uwais (Nigeria), Chief Justice Pius Langa (South Africa), Chief Justice B.J.Odoki (Uganda), Justice M.D.Kirby (High Court of Australia), Chief Justice B.A.Samatta (Tanzania), Deputy Chief Justice Adel Omar Sherif (Egypt), Justice P.N.Bhagwati (former Chief Justice of India), and the Rt. Hon.The Lord Mance (House of Lords, United Kingdom) agreed on the terms of a Memorandum of Understanding which is attached thereto.

(g)It is now agreed among the members of the Group that the Memorandum of Understanding should be revised as follows:

The objectives of the Group are:

(a)To formulate and develop the concept of judicial accountability.

(b)To design mechanisms which are capable of being utilized by the judiciary to strengthen the integrity of the judicial system.

(c)to formulate and promote standards, guidelines and instruments, as appropriate relating to vital aspects of the judicial system based on its own experience.

(d)To identify, and assist in the implementation of measures of judicial reform which are demonstrably effective in eliminating corruption within judicial systems and providing greater, more expeditious, and less expensive access to justice; and

(e)To identify situations in which judicial integrity is threatened, or appear to be threatened, from within the judiciary or by external forces including the executive and the legislature of a country, and to comment thereon.

i.The Group shall, from time to time, choose by consensus from among its Members, a Chairperson and a Deputy Chairperson.

ii.The Group may give effect to this provision by determining the basis upon which the offices of Chairperson and Deputy Chairperson are held in rotation among its Members and at what intervals.

iii.The Group shall appoint a suitably qualified person, who need not necessarily be a Member of the Group, to be the Rapporteur whose function it shall be to keep and maintain a record of the meetings of the Group and to issue any public statements on behalf of the Group.

The Group may, by consensus, determine to invite any person to attend and participate in any of its meetings, or to serve as a resource person or facilitator.

The Group may, by consensus, agree to seek and receive funding for realising its objectives, including the management of the Group’s activities and the organization of its meetings, from any institution, organization, foundation, government or individual the Group deems appropriate. Such funds may be received and administered, on behalf of the Group, by a designated institution or organization.

The Group may, by consensus, determine to establish relations with any institution or organization with a view to assisting, or receiving assistance from, such institution or organization in the pursuit of shared objectives.

The management and day-to-day operations of the Group, including the implementation of the decisions of the Group, the organization of its meetings, and the preparation or commissioning of research papers when necessary, shall be the responsibility of the Rapporteur. The Rapporteur may be assisted by such professional, secretarial, or other staff as may be considered necessary.

Subject to the availability of funds, the Group shall endeavour to meet at least once every year. The Group shall ordinarily meet within the territorial jurisdictions of its Members. The meetings of the Group shall be closed and informal but may be preceded by a public inaugural session.

The Group may agree, by consensus, to amend any provision of this Memorandum of Understanding.