The 5th Congress of the World Conference on Constitutional Justice (WCCJ), Thursday (10/5/2022) at the Bali Nusa Dua Convention Center, Bali. Photo by MKRI/Ifa.

---

Thursday, October 6, 2022 | 13:11 WIB

BALI (MKRI)—The constitutional adjudicatory body has an important role in resolving conflicts that will ultimately create peacekeeping through its authority. This was affirmed by the President Nam-seok Yoo of the Constitutional Court of the Republic of Korea at the 5th Congress of the World Conference on Constitutional Justice (WCCJ), which took place at the Bali Nusa Dua Convention Center (BNDCC), Bali on Thursday morning, October 6, 2022.

“As constitutional legitimacy is given to the activities of these institutions, safety, integration, and social peace that people are longing for can be achieved. Though there are certain differences, the replies from the Member States agree on the idea that the role of constitutional adjudicatory bodies in protecting human rights and ensuring democracy and the rule of law contributes to social peace,” he explained.

President Yoo also conveyed that the role of the constitutional adjudicatory body is realizing constitutional values ​​and maintaining peace. He said that peace is formed with the basic principles of the constitution in each country. “Most countries today relate peace to these constitutional values,” he added.

He went on by saying that active measures are needed from each country to prioritize peace in resolving conflicts. “The countries that referred to case law, which shows that the protection of human rights contributed to peace, mainly introduce case law and constitutional adjudicatory systems for the protection of human rights, which they believe might resolve conflicts and stabilize the society, thereby bringing about positive effects of achieving social peace,” he said in the session chaired by Chief Justice Milton Ray Guevara of the Constitutional Court of the Dominican Republic.

Also read: President Joko Widodo Inaugurates 5th Congress of WCCJ

Protecting Human Rights

In addition, President Yoo explained that the constitutional adjudicatory body can also play a role in protecting human rights through its authority in interpreting the constitution. He believes this role proves that the constitutional adjudicatory body can be reliable to realize the protection of human rights.

He added that constitutional adjudicatory bodies play a pivotal role in creating a safety net for maintaining and realizing social peace by guiding and encouraging citizens, the legislative, the executive, and other government agencies to protect human rights guaranteed by the Constitution.

“A party whose fundamental rights are infringed by law or state power can directly request relief procedures such as the adjudication on the constitutionality of statutes or constitutional complaints, showing that citizens can directly participate in the process of settling conflicts and disputes,” he asserted.

Also read: Constitutional Courts Play Key Role in Ensuring Rule of Law, Foreign Minister Says

Violations by State Officials

In the session, the President Lucia da Luz Ribeiro of the Constitutional Council of Mozambique also delivered a speech as discussant. She shared experiences on how the Constitutional Council of Mozambique exercises its jurisdiction, by revealing that it had handed down decisions to rule that state officials had committed a violation. The decisions were eventually used by the president as a basis to dismiss those officials.

“With regard to the dismissal, where there are sufficient grounds for such dismissal, the President shall issue a dismissal order after hearing the Constitutional Council. The order of dismissal is submitted to the Council for verification of its constitutionality and legality, by means of a decision, with the respective process taking precedence over any other judicial proceedings,” she explained.

She also emphasized that this could be evidence that the constitutional judiciary can also contribute to political issues in Mozambique. Moreover, with Law No. 21 of 2018, which gives the Constitutional Council authority to adjudicate violations in political positions. “Such issues are submitted to the Constitutional Council so that it can contribute in political matters. Constitutional justice is also important in the dismissal of regional heads at various levels of government. In addition, the Constitutional Council can review laws and position itself as the ‘national arbiter’ on that matter,” she asserted.

Also read: 5th WCCJ Congress Discusses Constitutional Justices’ Role in Resolving Conflicts

The 5th Congress of the WCCJ, which takes place on October 5-6, 2022, was inaugurated by President Joko Widodo on October 5. The WCCJ Bureau chose “Constitutional Justice and Peace” as the main theme of this year’s congress because constitutional courts in some countries have key roles in seeking peace after armed conflict within the country. In addition, several national constitutions explicitly mention peace and reconciliation as the goals that they want to achieve.

The 5th Congress of the WCCJ is the highest-level international forum on the constitutional jurisdictions, considering that 119 countries are members of the WCCJ as per 2022. In addition to being a forum for discussion, exchange of ideas, sharing of experiences and best practices among WCCJ members, this Congress is one of the MKRI’s efforts to improve the quality of its decisions as well as an opportunity to further strengthen Indonesia’s position as a constitutional democracy based on the ideology of the five precepts of Pancasila.

At the same time, the Constitutional Court also holds the 5th Indonesian Constitutional Court International Symposium (ICCIS) on October 5-7, 2022 under the theme of “Constitutional Court and Conflict Resolution.” Constitutional Justice Suhartoyo is slated to deliver the opening remarks, followed by a keynote lecture from Constitutional Justice Saldi Isra. In the ICCIS, 15 speakers from various countries are scheduled to present their perspective and views related to the themes. Accordingly, the ICCIS will conclude with closing remarks by Constitutional Justice Daniel Yusmic Pancastaki Foekh.

Writer        : Lulu Anjarsari P.
Editor        : Lulu Anjarsari P.
Translator  : Ahmad Yusuf
Editor        : Yuniar Widiastuti (NL)

Translation uploaded on 10/7/2022 00:20 WIB

Disclaimer: The original version of the news is in Indonesian. In case of any differences between the English and the Indonesian versions, the Indonesian version will prevail.

---