[A Year of Reforms
Sunday, 28 October 2007
by Abdullah A. Al-Asmary
Saudi Arabia's commitment to a gradual, deliberate and transparent reform of its key sectors is unshakeable even amid people's frustration of its slow-paced nature. Although all essential sectors are in need of an urgent revamp - in sync with the currently rapid changes in the world - judicial reforms attain top priority since the success of reforms in other sectors quintessentially depends on them.
Weeks ago, a Royal Decree was issued announcing the launch of King Abdullah's Project for Reforming Justice Sector. A whopping SR7 billion were allocated to implement the project, with part of the allocation meant to train judges and build new courthouses.
The decision comes after a concerted demand for an overhaul of this oft-criticized sector. With the planned judicial reforms, a whole new era in this sector is widely expected. Such a comprehensive reform is consistent with the high economic and social status of Saudi Arabia.
Economically, Saudi Arabia joined World Trade Organization in 2005 with obligations involving transparent regulatory mechanism to solve business disputes. Also the free and open nature of the Saudi economy is in need of specialized commercial laws which are helpful to settle disputes and solve disagreements.
The judicial reform, moreover, is a social need. The stifling procedures involved in the settlement of a family dispute - divorce, children's custody and the like - are of frustratingly slow-paced nature due to the overcrowded courts, acute shortage of judges and bureaucratic red-tape. Newspapers are full of stories that a court may take a year or more to rule on a simple divorce case. The creation of specialized tribunals to deal with marital and family disputes would surely be in the interest of the Saudi citizens.
The Royal Decree stipulates the establishment of two supreme courts - general and administrative - each to be headed by a chief justice appointed by the King. The new apparatus replaces the current Supreme Judicial Council which, in turn, would be responsible for administrative issues such promotion and salaries of the judges. The new measures also include the creation of commercial, personal status and labor tribunals. The benefits gained from the new set-up are numerous.
This ambitious reshuffle of the legal system has largely been welcomed by the citizens. Abdullah Aal Al-Sheikh, Justice Minister, sounded optimistic that the new reform would "bring about qualitative changes in the Kingdom's judicial system." He added that the emerging system has been meticulously planned taking into account the vast changes being witnessed in the Saudi society.
The first advantage of the revamp of the judicial system includes the emphasis on the full independence of judges. Such long-awaited step was necessary to separate the powers of the judges whereby any ruling is no longer influenced or interrupted by his superiors. Secondly, the new expansion in the legal field would definitely require more staff members to run it. So, many new judges would be inducted into the legal body creating new job opportunities. Moreover, the current judges, particularly those who are working in commercial and labor tribunals, are expected to have a broad knowledge of the relevant laws of trade and workforce. This knowledge would undoubtedly create a business environment that is conducive to massive investment projects which are currently under way. Finally, it is widely expected that the new legal apparatus would improve the state of human rights. Individuals with any grievances would naturally enjoy unprecedented rights in having access to fair trials, legal representation and counseling. More importantly, they also can appeal initial rulings.
However, many outspoken critics of the judicial system are calling for the codification of the Islamic law. The absence of such a law has resulted in varied rulings on similar issues. Moreover, judges' knowledge of current commercial laws in how to deal with cyberspace crimes, copyright violations and labor regulations should be expanded. These fields are at the core of any future training programs to qualify judges working in the new commercial and labor tribunals. A reformed judicial system is the gateway to other social, economic and political reforms. With the recent reshuffle of the judiciary, it is expected that the new arrangement would pave the way for more reform projects in other key sectors.
It goes without saying that the law-abiding people of Saudi Arabia would be major beneficiaries of these vast changes in the judicial system which are expected to foster transparency, the rule of law and fairness.
Saudi Gazette 28-10-2007
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