THE COURT OF JUSTICE IN THE ERA OF THE COVID 19 PANDEMIC

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Published On - June 4, 2020

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The health crisis caused by the COVID-19 pandemic has also affected Burkina Faso, the host country of the UEMOA Court of Justice. The sudden and concerning spread of the virus within the population forced the UEMOA institutions based in Ouagadougou to take appropriate measures to protect human resources, notably through Service Note No. 065-2020/PC/DSAF/DRH of March 13, 2020, from the President of the Commission.

The Court of Justice was not exempt from this, as the President of the jurisdiction, as a precautionary measure, issued Service Note No. 1220/PCJ/UEMOA, suspending services and placing members and staff under confinement starting March 17, 2020, following reports of a suspected case at the Commission. However, reconciling the right of access to community justice and managing such a large-scale health crisis was the challenge the Court had to face. It succeeded by ensuring the continuity of judicial services. In this regard, the Registry, in collaboration with the Court’s security team, implemented practical measures to receive case files and procedural documents while observing preventive protection measures. The Registrars maintain constant contact with the security team, which promptly communicates any relevant information by phone when necessary. They also stay in touch via phone and email with the legal counsel of parties with pending cases and those awaiting action. Remote work became the option chosen to continue ongoing procedures. While the reception of documents was physical, their processing within the Court’s workflow was electronic. Once received, the documents are scanned and sent to the President electronically, who then decides on the next steps. If the decision requires the creation of a document, the Registry drafts it and sends it electronically to the President. Once the document draft is validated by the President, the Registry can proceed with the subsequent formalities. At this stage, the Registrars and their assistant “unconfine” to complete these formalities (orders, expeditions, and notification letters). Through this process, a request for an extension of time, made by one party’s counsel, was processed.

It should also be noted that the Court’s Members and Staff continue to handle judicial and administrative cases. Remote work interactions have been carried out smoothly.

A Public Hearing Despite the Health Crisis

The ordinary public hearing previously scheduled for April 8, 2020, was able to take place, but in strict compliance with the preventive measures prescribed for fighting COVID-19. The case on the Court’s docket concerned the preliminary ruling requested by the Court of Cassation of Burkina Faso, involving STMB TOURS versus the UEMOA Commission. This public hearing was able to proceed thanks to the support of the Health Service of the Human Resources Directorate of the Commission. Thus, in addition to the arrangements made to respect the social distancing rule of at least one (1) meter, access to the courtroom by participants was systematically conditioned on:

  • Temperature checks;
  • Hand washing with soap and water;
  • Wearing face masks and gloves to prevent the transmission of the disease during the handling of documents.

Additionally, hand sanitizers were distributed to the Court’s staff and the public.

Given the ongoing nature of a disease still without a cure, remote work and strict adherence to preventive measures remain the only means available to the Union’s Institutions to ensure the continuity of essential services to the community’s citizens.