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Master Thesis

Le rôle des ONG dans la réforme du secteur judiciaire au Kirghizstan

Abstract : Since 1960s,international donors and then NGOs began to take partin the promotion and realisation of judicial reforms in developing countries. Initially reluctantto work in such aregalianfield as justice, international development actors justified their intervention by economic development needs and then through the concepts of good governance, universal human rights and the rule of law as an essential pre-condition for democratization and the functioning of the free market.Despite increasing efforts, sector as wide as the judicial sector remains difficult to reform because of the multitude and complexity of areas, but also the lack of legitimacy of donors in the countries of operation. To address this last point, but also in the broader context of the reorientation of development aid in the service of the fight against poverty, donors have encouraged local civil society to participate inthe justice sector reform.Kyrgyzstan, former Republic of the Soviet Union whichaccessed unintentionally to independence in 1991 did not avoidthis process. Legacy of the communist era, the Kyrgyz judicial system has been little reformed since independence and represents a significant number of failures. Strongly dependent on the executive power, corrupted and in chronic lack of budget, the Kyrgyz judicial system has failed to play the role ofanimpartial arbiter which he has been appointed. Thus, it contributed to the strengthening of the excessive power of two presidents, the concentration of wealth in the hands of a few and the impoverishment of everyone else. The failure of the judicial system, combined with other factorshas led to two revolutions (2005 and 2010) in Kyrgyzstan and has created a volatile security situation. At the end of the second revolution, the government decided to take seriously the demands of people for justice and after the adoption of the new constitution,heinitiated judicial reforms. This opens an opportunity for international and local development actors to impose their vision of the judiciary. So Secours Catholique, French association of 1901 law, with its local long-time partner Citizens against Corruption takes this opportunity and intends to propose its view in at least two of the judicial reform process: the legislation humanization through penitentiary reform (especially concerning persons sentenced to life) and the development of juvenile justice.Citizens against Corruption through adouble action: project onthe field and advocacy, intends to impose themself as an important actor of the justice system. This important place which representatives of Kyrgyz civil society are occupying comes from the mode of formation of the civil society which was created in Kyrgyzstan after its independence in an environment that was veryopen to international development intervention.
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Master Thesis
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  • HAL Id : dumas-00826815, version 1

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Diana Filatova. Le rôle des ONG dans la réforme du secteur judiciaire au Kirghizstan. Science politique. 2012. ⟨dumas-00826815⟩

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