Judiciary to scale up public interest litigation

Public interest litigation (PIL) should be scaled up as an important pillar in shaping laws and policies, the judiciary has said.

Thursday, August 13, 2015

Dean Karemera

Rugege (C) chats with William Gelling (L), the British High Commissioner to Rwanda; Sibongile Dludlu, the UNAIDS' country director; and Tom Mulisa (R), the executive director of GLIHD at the symposium. (Doreen Umutesi)

Public interest litigation (PIL) should be scaled up as an important pillar in shaping laws and policies, the judiciary has said.

The remarks were made by the Chief Justice, Sam Rugege, yesterday at a symposium organised by the judiciary in partnership with Great Lakes Initiative for Human Rights.

Prof Nick Huls of Leiden University presents a case study of Public interest litigation of the Netherlands.

Rugege told participants that public litigation is important because it avails an opportunity for public interests to take precedence.

The discussions also centred on how to make the Constitution and other Rwandan laws more relevant, the usefulness of PIL in identifying and closing gaps between domestic legal standards and international human rights standards, as well as the attitude of judges towards a public interest case.

Chief Justice Prof.Rugege speaks to press on the need to sensitize Rwandans regarding Public Interest Litigation.

Rugege cited India, USA, and South Africa among countries which have benefited from a vibrant public interest litigation environment.

"In the US, it is used by organisations that protect immigrants or handle cases of segregation, while in South Africa it was used during the apartheid era. PIL is applied to resolve the problems of vulnerable people,” he said.

Tom Mulisa Executive Director of GLIHD explains to the press the importance of the public interest litigation awareness.

However, Rugege noted that due to historical factors, public litigation has not been used in Rwanda.

"NGOs, universities and other stakeholders should sensitise people about public litigation so that they can use it. Our laws can accommodate; lawyers should also take note and use it,” he said.

According to the executive secretary of GLIHD, Tom Muliisa, the symposium sought to examine the processes under which the litigation can work in Rwanda after identifying how successful it is in other countries.

A group photo of some of the participants of the public interest Litigation meeting. (All photos by Doreen Umutesi)

"We have had public interest cases handled by the Supreme Court, our laws allow for public litigation, which, at times, makes the constitutional aspect override public interest. The good thing about these cases is that anybody can present them to court provided they are in the interest of the public,” he said.

Participants encouraged the adoption of PIL, saying that Rwanda is committed to protecting human rights, as well as social and legal opportunities of all.

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