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Integrity, Independence and Accountability of the Judiciary – Centre of Expertise Programme

4

TI Chapters recognise the added value and agree to actively contribute to knowledge exchange

within the context of this Programme, despite differences in judicial systems (e.g. civil vs common

law);

The global TI Movement and many individual TI Chapters have the standing required to be

recognised as credible interlocutors in this field;

Key stakeholders within and outside the sector agree to work with TI to multiply and ensure the

sustainability of Programme outcomes;

The information required for research and to develop effective advocacy strategies can be

accessed;

Ordinary citizens can be mobilised into building bottom-up pressure through effective

communication of the detrimental impact of judicial corruption and impunity for corruption;

Donors recognise the importance and relevance of the Programme goal, and some will provide

funding required for its implementation.

Intervention Logic

Theory of Change

As demonstrated in the rationale, to administer justice equally to all its citizens a country’s judiciary

must be independent, effective and accountable. Judicial processes must be free from the influence

of powerful individuals and institutions, and laws and regulations must be effectively applied to ensure

that the corrupt do not escape legal sanction. To guarantee adequate checks and balances, judicial

performance must be open to public scrutiny and independent monitoring.

Such multi-dimensional systemic change can only be achieved when different stakeholders come

together to build collective pressure for sustainable reform – combining diverse perspectives and

facilitating at various levels

changes in the behaviour

of sector experts and individual people, as

well as

changes in policies

in the relevant branches of government.

To contribute to changes in behaviour among sector experts and changes in policy,

a

sense of

achievability and urgency

need to be created. The former shall be facilitated by the Programme by

making new evidence and solutions available and by supporting the development of capacities. The

latter shall be done by the Programme by creating public demand for change.

Making new evidence and solutions available

is achieved by the Programme facilitating the

mapping, analysing and reporting of systemic failures that compromise the integrity,

independence and accountability of the judiciary. This enhanced knowledge and new evidence

will enable the proposal and adoption of concrete solutions that strengthen the integrity,

independence and accountability of the judiciary. These solutions can be promoted by the

Programme from approaches that have proven to be successful elsewhere and that can be locally

adapted to the specific context. Such solutions need to be supported by various incentives and

deterrents that push away “old behaviours”. New solutions, incentives and deterrents can over

time pave the way to a change in discourse and catalyse actions by reformers in the sector who

become willing to act against corruption and support greater integrity, independence and

accountability. As reformers embrace and champion new behaviours, they need to be supported

by the Programme in reaching out to others and to mobilise a larger group who promote new

policies that influence change. For this, the Programme will need to demonstrate how the issue

and proposed solutions are relevant to the agenda of other stakeholders, such as oversight

agencies and donors supporting judicial reform programmes.

Creating public demand for change

will be achieved by the Programme “translating” findings

that can at first appear technical and complicated – making them accessible to the public and a

wider range of stakeholders. By enabling greater access to information and explaining the wider