2009 Annual Report
Making a Difference Through Law
2009 Annual Report / Table of Contents
TABLE OF CONTENTS Message from Antonio Badini, IDLO Director-General Introduction STRATEGIC OBJECTIVE 1: NATIONAL STRATEGIES & FRAMEWORKS Afghanistan Indonesia Kenya Kyrgyzstan Lebanon Sudan Aid for Trade in Africa Economic Partneship Agreements (EPA) - Regional Project Zambia Ethiopia
Procurement STRATEGIC OBJECTIVE 2: LEGAL EMPOWERMENT HIV and Legal Empowerment Human Rights Ethiopia Mauritania
Microfinance STRATEGIC OBJECTIVE 3: GLOBAL CHALLENGES Climate Change
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Environmental Law Global Health Challenges
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STRATEGIC OBJECTIVE 4: NETWORKS
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STRATEGIC OBJECTIVE 5: KNOWLEDGE GENERATION Girls Count: Strengthening Gender-Based Legal Protection Framework Best Practices in Community Land Titling Legal Empowerment and Justice for the Poor Enhancing Legal Empowerment through Engagement with Customary Legal Systems
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Legal Preparedness to Climate Change Initiative Deforestation
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2009 Annual Report / Message from Antonio Badini
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Message from Antonio Badini, IDLO Director-General IDLO promotes rule of law and good governance in developing and transition economies with a tailor made, non prescriptive, approach and in a spirit of partnership. We know that rights are best enforced if a population possesses a shared understanding of the common good. This leads our work toward assistance that never favors a legal system over another or guarantees or protects a part of a population to the detriment of another. Legal change is a necessity for many developing countries to achieve sustainable economic and social development. We assist governments to implement their legal reform agendas and, in so doing, IDLO has researched and learned that only a thorough understanding of cultural and legal traditions can lead to effective assistance. Therefore, IDLO’s mandate is a means to share knowledge and train practitioners on legal and regulatory best practices as the international community has set and continues to develop them. We do so in full collaboration with our local counterparts in the formal justice and legal systems and in informal, customary systems. We at IDLO also experienced great changes in 2009. The newly implemented Strategic Goals, mandated by IDLO’s Member Parties, required a great amount of study and engagement. Long-term programs such as those in Afghanistan have produced tangible results. IDLO responded effectively to the need of the most vulnerable population in the country to access justice through the opening of the specialized Unit on Violence against Women in Kabul. Global challenges concerning the entire international community also placed IDLO in a leading position. During the United Nations Climate Change conference in Copenhagen, IDLO launched the Legal Preparedness for Climate Change Initiative and engaged partners from universities, international organizations and civil society and carried out a multifaceted program on the legal aspects of the low-carbon economy. In 2009, IDLO also initiated a three-year program on HIV and health law to strengthen and expand HIV legal services. In collaboration with UNAIDS and UNDP, IDLO developed the HIV-related Legal Services Toolkit, a practical guide for lawyers, legal services managers and others to address the problems and discrimination facing people living with and affected by HIV. There are challenges remaining ahead of us. By building upon the legacy of former Director-General William Loris, IDLO will expand our capabilities, stature and influence in the years to come. IDLO belongs to its Member Parties and enjoys the strong support of a number of partners and donors. I would like to take this opportunity to thank all of IDLO stakeholders for their continued trust.
2009 Annual Report / Introduction
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In 2009, IDLO launched a strategic plan to fulfill our development objectives and focus on five Strategic Objectives, which focus on the intersection of law and development to create positive, sustainable development outcomes. IDLO pursues these Strategic Objectives by treating rule of law as an essential component of development in all its dimensions not simply confined to judiciaries or law enforcement. While IDLO’s knowledge on the best ways to engage multiple stakeholders in building just societies has increased, so too have the challenges that countries face. To address them, IDLO approaches legal reform comprehensively. IDLO’s 2009 Annual Report presents our program results and impact achieved under the new strategic plan in terms of individual Strategic Objectives and in relationship to others. While focusing our work on those themes that promote sustainable economic, social and institutional development, it was evident that most IDLO programs actually aim to achieve multiple Strategic Objectives. As a result, during program design IDLO introduced the practice of assessing the contribution that it expects each program will make to each Strategic Objective. IDLO has learned that improving law and regulation is an iterative process - improving rule of law an incremental one. The latter does not happen with one great forward leap. IDLO further believes that legal change occurs at multiple levels in society. For IDLO, 2009 has been a year of significant transition and learning. It has also been a year of significant changes in the state of rule of law in IDLO’s beneficiary countries. IDLO further adopted results-based management and began testing and validating each Strategic Objective. It was a year of transition, during which IDLO reorganized and reinforced its capabilities to implement its strategy. IDLO advanced its efforts as the thought leader, advisor and technical assistance provider of choice at the nexus of law and development.
law
IDLO development
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NATIONAL STRATEGIES & FRAMEWORKS Support elaboration and achievement of national legal reform agendas and peace building plans in the legal and justice sector
KNOWLEDGE GENERATION Generate knowledge and disseminate best practices in legal, regulatory and institutional reform
2. LEGAL EMPOWERMENT Facilitate means for securing the legal rights of the individual, and particularly of vulnerable populations and those in crisis
3. GLOBAL CHALLENGES Support actors in addressing legal and regulatory aspects of emergent global issues undermining development
4. NETWORKS Build networks which stimulate legal and institutional reform processes
2009 Annual Report / Strategic Objective 1
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STRATEGIC OBJECTIVE 1: NATIONAL STRATEGIES & FRAMEWORKS Support achievement of formalized national legal reform agendas and peace building plans
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Afghanistan
IDLO started working on legal reform in Afghanistan in 2002. On May 31, 2009, IDLO completed a two-year program to increase Afghanistan’s capacity for sustainable legal reform with funding from the Government of Italy. From June 2009, IDLO launched a new program to support the National Justice Sector Strategy and improve security and legal rights and services for the Afghan people. The Government of Italy and the United States Department of State provided initial funding for IDLO’s program. Key results of IDLO’s work include the following: 1. Providing Legal Aid for the Poor and Disempowered by Strengthening and Expanding the Legal Aid Organization of Afghanistan (LAOA) In 2002, nearly all criminal cases in Afghanistan took place without the presence of a defense attorney. To address this, IDLO identified 70 law graduates who, in partnership with and support from IDLO, established the LAOA, an NGO that in 2009 provided legal representation in criminal proceedings to over 2000 poor people across the country, mostly women and children. The LAOA has also provided legal training for over 300 public defenders. 2. Strengthening Local Capacity by Assisting Independent National Legal Training Center (INLTC) In 2002, there was no Afghan institution, including law schools, capable of providing the necessary training for those entering the justice sector. Today, with the support of the United States and other donors, the IDLO-funded and led INLTC provides practical skills training by Afghans for young lawyers and prosecutors as they launch their careers. As a sign of broad support, the INLTC is now included in the national budget of Afghanistan.
3. Promoting Gender Parity by Establishing Violence Against Women (VAW) Unit In 2002, women victims of crimes were regularly treated as criminals themselves and there were very few women working in the justice sector. In 2009, due directly to IDLO’s extensive gender justice training and technical assistance, the Attorney General of Afghanistan signed an agreement with IDLO to establish the VAW Unit, a specialized prosecutorial service for rape, forced marriage, domestic violence, and other gender-related crimes. The VAW Unit was officially launched in March 2010. The Unit is staffed by nine prosecutors, seven of whom are women, and received specialized training by IDLO. 4. Forging Partnerships to Develop Legal Resources In 2002, law students were using decades-old textbooks and judges had little or no access to legal information. Today, as a result of an IDLO initiative which involved the local faculty and students in every step, law students have modern, updated textbooks in criminal law subjects, commercial law and public international law, as well as an IDLO-produced Dari language human rights glossary. Also, most judges in Afghanistan now have a Judicial Benchbook which guides the conduct of trials in accordance with best practices and the rule of law. IDLO’s program in Afghanistan will continue in 2010.
2009 Annual Report / Strategic Objective 1
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Indonesia
From December 2008 to December 2009, IDLO implemented the Justice Education and Training Programme for Formal Justice Providers in Aceh Province (JET Programme) within the framework of the United Nations Development Programme’s (UNDP) Aceh Justice Project. The latter was a component of the European Commission-funded Aceh Peace Process Support Program. Through the JET Programme, IDLO supported the Supreme Court of Indonesia’s Blueprint for Reform by strengthening the institutional capacity of Aceh’s high and state courts. IDLO implemented the program in partnership with the Supreme Court, the Supreme Court’s Judicial Training Center, and the Aceh courts. Key activities and results included the following: Enhancing Legal Skills and Administration Systems and Infrastructure ■ Trained 150 judges on the Supreme Court of Indonesia’s code of conduct, declaring wealth and anti-corruption ■ Trained 165 registrars and 45 bailiffs on their duties and responsibilities ■ Installed computerized case management systems in the 19 Courts in Aceh and trained staff on the use and maintenance of the system ■ Evaluated the results of the project: The empirical data collected revealed a universal increase in knowledge gained, with an average increase in correct responses following training for all groups combined at just over 40%. Responses to training quality, value and satisfaction evaluations were also positive, and over 99% of all participants rated their satisfaction with the training programs as either ‘valuable’ or ‘very valuable’
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Kenya
One of the key challenges Kenya has grappled with over the recent past is that of drafting and adopting a new constitution. In December 2007, Kenya faced perhaps its most serious crisis in its post-independence history when civil unrest erupted after disputed presidential elections. A Panel of Eminent African Personalities, chaired by H.E. Kofi Annan, assisted in finding a peaceful solution to the crisis. While several actions restored the calm, it was apparent that long-term peace and political stability depended upon successfully reviewing and concluding constitutional reforms. Pursuant to the Statement of Principles on Long-Term Issues and Solutions of 30 July, 2008, the Constitution of Kenya (Amendment) Act (2008) and the Constitution of Kenya Review Act (2008) were passed to establish a roadmap for a fresh constitutional review and create a Committee of Experts (COE) to develop a new constitution for national referendum in July 2010. In July 2009, the COE invited IDLO to support its work through the provision of technical assistance. The United States Agency for International Development (USAID) funds IDLO’s program supporting Kenya’s constitutional review. Supporting Committee of Experts on Constitutional Review ■ Fielded constitutional law scholars to analyze and comment on various drafts of the constitution ■ Provided constitution drafting experts to work in partnership with the Committee’s in-house team of drafters
2009 Annual Report / Strategic Objective 1
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Kyrgyzstan
In 2009, in partnership with and funding from the European Bank for Reconstruction and Development (EBRD), IDLO continued the implementation of the Commercial Law Judicial Capacity Building Program and began the first stages of assisting the Judicial Training Centre (JTC) establish and pilot its first training program for candidate judges. Key activities and results of IDLO’s work in 2009 included the following: 1. Building Judicial Capacity of Kyrgyz Judges ■ Trained 50 newly-appointed judges in handling commercial law cases in substantive legal areas of contracts, real estate, and land law, accounting and business organizations ■ Trained sitting judges in court administration and decision making 2. Strengthening Institutional Local Capacity ■ Assisted the JTC and the Council of Judges to prepare a concept note and develop the first initial training program for candidates judges at the JTC ■ In cooperation with GTZ and the EU, designed and organized a tour for a selected group of judicial officials to study European judicial schools and their respective training programs 3. Enhancing Legal Resources ■ Organized an apprenticeship in Moscow to build the capacity of the Commercial Law Library staff ■ Developed international partnerships between the Commercial Law Library and libraries in other countries ■ Provided the Commercial Law Library with additional subscriptions and books ■ Provided technical assistance to draft, edit and translate a Commercial Law Bench Book ■ Published the Commercial Law Benchbook and equipped all courtrooms with a copy IDLO’s program in Kyrgyzstan will continue in 2010.
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Lebanon
After a working committee within the judiciary was incorporated to establish a continuing legal education system for the judiciary and for the lawyers in Lebanon, IDLO designed a comprehensive program to improve lawyers’ knowledge in substantive legal issues and their legal research and case management skills. The program is implemented in partnership with the Lebanese Judicial Training Institute and with funding from the Government of Italy. Key activities and results in 2009 included the following: Improving Legal Education, Research and Case Management ■ Provided three training workshops on legal research using internet, identifying online resources and adapting appropriate strategy for thematic research of legal documents ■ Familiarized practitioners on e-commerce, blogs, Twitter, Facebook, del.icio.us and discussion fora to find and disseminate legal information through the web ■ Conducted workshop on enforcement of intellectual property (IP) rights, including trademarks, patents, industrial property rights and copyrights that provided participants with practical knowledge of IP violations and enforcement in reference to Lebanese legislation ■ Hosted a workshop on anti-money laundering and terrorism financing ■ Examined Lebanese national legislation and advised on drafting and amending anti-terrorism laws in coordination with United Nations Office on Drugs and Crime ■ Drafted an action plan to assist competent authorities in ratifying and implementing international anti-terrorism instruments ■ Hosted two workshops for the Lebanese legal community on main principles of international trade and accession to the World Trade Organization IDLO training and technical assistance will continue in 2010.
2009 Annual Report / Strategic Objective 1
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Sudan
IDLO has increased its activities in southern Sudan. On July 1, 2009, IDLO’s project office was strengthened to implement the Capacity Building for the Judiciary of Southern Sudan Program, with funding from UNDP and the Ministry of Foreign Affairs of the Netherlands.
© Sheila Mckinnon
The program has two components: establishing a Legal Training Institute (LTI) to raise capacity, standards and skills of all new legal professionals in southern Sudan and judiciary capacity building. Key activities and results in 2009 included the following: Building Capacity and Skills of Law Professionals ■ Formed a working group with UNDP and the Ministry of Legal Affairs and Constitutional Development to guide the establishment of the LTI ■ Drafted a strategy and action plan to establish LTI ■ Hosted judiciary planning committee member at international conference on court administration ■ Developed a plan for judiciary capacity building, training and legal resources development
2009 Annual Report / Strategic Objective 1
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Aid for Trade in Africa
IDLO shares the international community’s holistic strategy to support sustainable development through Aid for Trade. Programs in investment, intellectual property and agriculture are means of enabling businesses to prosper and reducing poverty. At the end of 2008, IDLO and the Ministry of Foreign Affairs of Finland discussed the Ministry’s Aid for Trade Action Plan (2008-2011) and agreed on areas of cooperation. Program implementation in 2009 reflected the outcome of additional consultations with stakeholders, staff of the Ministry of Foreign Affairs of Finland, Finnish embassy representatives based in Ethiopia, Namibia, and Zambia and the Ministry of Commerce, Trade and Industry of Zambia. Key activities and results are highlighted below. 1. Promoting Dialogue on Aid for Trade ■ Held consultations with African stakeholders (including representatives of the Ministry of Commerce, Trade and Industry of Zambia and the Patent and Company Registration Office) and representatives of the Finnish embassies in Lusaka in December 2008 ■ Successfully convened national and international stakeholders involved in Aid for Trade to define a biannual program and identify concrete capacity building activities targeted to selected countries in the region 2. Building Negotiating Skills Economic Partnership Agreements (EPA) - Regional Project African, Caribbean and Pacific (ACP) countries face many challenges in negotiating agreements, due in part to the lack of expertise, knowledge and negotiating skills. IDLO is providing appropriate skills and knowledge on negotiating techniques and on specific substantive legal issues relating to the Economic Partnership Agreements. ■
Hosted a two-week regional capacity building course in Lusaka for Zambian and Ethiopian officials in charge EPA negotiations on numerous critical issues including Environment, Intellectual Property, Investment, and Competition.
Zambia IDLO’s program in Zambia is seeking to increase the capacity of Zambian stakeholders and, in particular, of the Zambia Development Agency, to attract and maintain foreign and national investments; enable compliance with international obligations under the TRIPS Agreement and other international treaties. 1. Foreign Investment ■ Completed an analysis of the current investment climate in Zambia, with a special focus on the needed competencies and skills in FDI policies and regulations ■ Hosted three-week regional Strategy and Practice for Investment Growth course in Rome for investment authorities on legal, institutional and social aspects of investment law and practice ■ Completed high level consultation with investment officials and policy makers to promote and reach consensus on Zambia’s need to create a national investment policy ■ Provided technical assistance to the Zambia Development Agency and other stakeholders, laying the foundation for a new investment policy 2 Intellectual Property ■ Provided technical assistance on the new national IP policy, which is used as a basis to re-draft and amend national IP laws ■ Hosted capacity building workshops on IP rights and enforcement - including trademarks, patents, copyright and industrial design - for senior officials of the local patents and trademarks office, the ministries of justice and trade, police officials in charge of curbing piracy, and lawyers in private practice IDLO will continue to provide technical assistance in the context of IP reform.
2009 Annual Report / Strategic Objective 1
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Ethiopia Within the framework of the Aid for Trade program, Ethiopia’s Ministry of Agriculture and Rural Development (MOARD) and IDLO designed a project to strengthen Ethiopia’s seed sector through targeted interventions in key areas of the country’s legal and institutional framework. In 2009, IDLO, MOARD, the Ministry of Trade of Ethiopia and FAO identified targeted interventions likely to produce concrete results. Key activities and results included the following: ■ ■
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Developed Seed Sector Action Plan for 2010 Seed Legislation: Initiated a thorough analysis and stakeholders consultations, provided comments to the proposed amendment to the Seed Proclamation and recommend any other changes to provisions on certification Plant Breeders’ Rights: Began the review of the Proclamation on Plant Breeders’ Rights and stakeholder consultations to ensure a balance between breeders’ and farmers’ rights, propose ways to strengthen the proclamation and suggest sections for priority implementing legislation Variety Release and Registration: Held consultations with the National Variety Release Committee and other stakeholders to assess needs and concerns related to variety release and registration and provide recommendations
In 2010, IDLO will analyze Ethiopia’s regulatory system to ensure that provisions related to the seed sector are harmonized and gaps or overlaps eliminated.
© Sheila Mckinnon
2009 Annual Report / Strategic Objective 1
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Procurement
Public authorities spend funds collected through taxes. To benefit all citizens, these funds must be spent through transparent procedures. Ultimately, governments are accountable not only for the way they conduct public procurement but also for the choices they make and the priorities they define - either building a road or a hospital.
3. Understanding International Procurement Through Regional Program ■ Trained professionals in Senegal representing six francophone West African countries on international procurement of goods, services and works rules, including donor agencies procurement rules
Determining procurement levels is often inexact since many governments do not report such statistics. Public procurement is also often decentralized among many ministries and, increasingly as devolution occurs from central government to sub-national level. Most industrialized countries spend at least 10 percent of their GDP on public procurement. For developing countries, procurement usually accounts for a higher proportion - in certain African countries, it represents from 40 to 70 percent of GDP.
4. World-wide E-learning Programs In 2009, IDLO implemented two customized e-learning public procurement courses in English that combine the best elements of traditional training methodologies with new information technology. Online text, graphics and documents provide users with a meaningful and interactive learning through questions, case studies and country practice reports. The same courses are provided in 2010 also in French. This training technique for Public Procurement is solely provided by IDLO.
Misprocurement - defined as not complying with established procedures or agreed provisions - results in an enormous loss of resources and leads to general distrust in the capacity and reliability of public officials. Subsequently, procurement is sensitive to anti-corruption measures. IDLO has implemented several procurement programs. IDLO’s programs have enhanced the capacity of legal experts, public sector procurement officers and purchasing agency managers to implement speedy, transparent, competitive and fair acquisitions of goods, works and services. In Afghanistan, IDLO has been working with the World Bank to build capacity in public procurement since 2007. IDLO has also recommended actions to strengthen public procurement regulations, management and procedures. 1. Building Capacity in Afghanistan ■ Trained more 500 staff members of line ministries through regional programs ■ Drafted and delivered all procurement regulations, including standard bidding documents, procurement manual and other procurement related documents 2. Enhancing Knowledge and Skills in Burkina Faso ■ Delivered knowledge and skills seminar to public and private sector representatives in infrastructure contracts, procurement of public works, alternative dispute resolution and public-private partnerships
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Trained more than 50 key procurement professionals mainly, but not exclusively, from developing countries
Photo lightmash
2009 Annual Report / Strategic Objective 2
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STRATEGIC OBJECTIVE 2: LEGAL EMPOWERMENT Facilitate means for securing the legal rights of the individual, particularly of vulnerable populations and those in crisis
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HIV and Legal Empowerment
IDLO initiated the HIV and Health Law Program (2009-2012) with IDLO core funds and financial support from the OPEC Fund for International Development (OFID). IDLO’s goal is to protect and promote health through law by improving laws, policies and practices with an initial focus on HIV. Over the life of the program, IDLO will broaden its focus on public health and law. (See also Strategic Objective 3: Global Challenges) IDLO aims to improve the quality of legal services afforded people living with HIV and ensure that officials apply HIVrelated laws and policies in accordance public health goals. IDLO has collaborated with UNAIDS and UNDP, universities, research centers and local NGOs. In 2009, IDLO activities and results included the following: Improving Legal Services ■ Published Toolkit: Scaling Up HIV-related Legal Services, which identifies guiding principles for HIV-related legal services and capacity building for service providers, describes existing services and models and offers tips on monitoring, evaluation and resource mobilization ■ Conducted academic research on HIV and legal empowerment, in partnership with the Nossal Institute for Global Health at the University of Melbourne, to examine the central role of legal empowerment in advancing human rights for those living with and vulnerable to HIV and its relationship to HIV prevention, treatment and care ■ Presented a capacity building seminar in Sydney for lawyers, government officials and civil society on HIV law and policy in Asia-Pacific region ■ Revised the seminar curriculum Using the Law and Legal Policy for Effective Responses to HIV and AIDS to be offered nationally and regionally as an e-learning course ■ Initiated projects to strengthen and expand HIV-related legal services in Benin, Burkina Faso, China, Egypt, Indonesia and Papua New Guinea ■ Partnered with local entities to deliver legal services to people living HIV and other key populations, including Benin Women Lawyers Association (Association
UN Photo/Martine Perret
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des femmes juristes du Bénin); Burkina Faso Private and Community Initiatives to Fight Against HIV/AIDS (Initiative Privée et Communautaire de lutte Contre le VIH/SIDA au Burkina Faso); RTI International/China; Labor and Social Security Law Institute of Peking University; Egyptian Initiative for Personal Rights, an independent human rights organization; LBH Masyarakat, a legal aid organization in Indonesia; and the University of Papua New Guinea, School of Law Developed an innovative model using a trained lawyer, HIV-positive peer counselors and law students to undertake research and deliver legal services in China Collaborated with EIPR on a needs assessment for HIV-related legal services in Egypt, which was published in Arabic and English Obtained commitment from the Ford Foundation to undertake three regional and one international consultation on HIV-related legal services and rights, and to fund IDLO support for legal services in Egypt Provided financial and technical support to the first national consultation on HIV and law and identified the need for HIV-related legal services in Indonesia
2009 Annual Report / Strategic Objective 2
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Human Rights
Ethiopia With the support of IrishAid, IDLO began working closely with the Ethiopian Human Rights Commission (EHRC) in mid-2009 to strengthen its capacity to resolve human rights disputes through mediation and to develop a communication strategy to raise the EHRC’s profile. Initial activities and results included: 1. Improving Capacity to Resolve Human Rights Disputes ■ Developed guidelines and provided technical assistance to establish and support mediation within the EHRC ■ Conducted a training workshop for key staff on mediation and human rights ■ Hosted a conference in Addis Ababa with counterparts, stakeholders and NGOs on mediation and human rights 2. Improving Communication Capacity of Legal Service Providers ■ Designed a communication plan and guidelines to strengthen skills of ECHR communications team With the support of the United Nations Democracy Fund (UNDEF), IDLO will expand its work to strengthen the ECHR’s capacity to fulfill its mandate more efficiently. IDLO’s 18-month program will build management capacity of the commission’s management staff; enhance capacity to investigate allegations of human rights abuses; enhance capacity to advise the government on drafting human rights-compliant legislation; and improve the commission’s capacity to produce human rights and related reports. Mauritania Mauritania has ratified major international treaties and conventions on human rights and human dignity including; the International Convention on the Elimination of All Forms of Racial Discrimination, the Convention on the Elimination of All Forms of Discrimination against Women; Convention on the Rights of the Child, and the Geneva Conventions and their additional protocols. The country has also ratified important international treaties, including the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment and the International Covenant on Economic, Social and Cultural Rights.
Since 2002, IDLO has worked with the judiciary through programs to strengthen the capacity of its magistrates. Several of IDLO’s needs assessments of the judicial system pointed to failures in applying international human rights standards to criminal cases as a result of lack of knowledge. In partnership with the Ministry of Justice and funding from the Government of Italy, IDLO designed and implemented a Capacity Building Program to improve human rights in Mauritania: Seminar - Improving Capacity to Apply Human Rights Standards to Criminal Law ■ Conducted diagnostic dialogues and consultations with magistrates, human rights organizations and civil society ■ Offered a training course on applying human rights standards to procedures in criminal cases, including the right to defense; presumption of innocence; legal research techniques; evidence; and sentencing Among the 18 recommendations made by participants at the seminar, we can cite: a publication in the Mauritanian Official Journal of international texts on the basic principles of human rights to be applied beyond the national laws; harmonization of the Penal Code with the new Penal Procedure Code; implementation of the decree on legal aid and the creation of an independent body to manage the funds allocated for its operation and application of principle rights of women and minors in detention; as well as assistance to ex-prisoners to facilitate their social reintegration. In terms of capacity building the following were discussed: the rationalization of the level of training of French-speaking and Arabic-speaking lawyers and implementation of awareness raising workshops for judicial police officers to guarantee the rights of accused persons and power to defend themselves and training for prison officials.
2009 Annual Report / Strategic Objective 2
Š Sheila Mckinnon
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2009 Annual Report / Strategic Objective 2
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Microfinance
In 2009, IDLO completed a three-year global program with financing from Omidyar Network on the role of legal professionals in building an inclusive financial sector and supportive legal and regulatory frameworks. IDLO supported legal professionals in developing countries to take an active role in the microfinance sector. Beneficiaries included microfinance entities, NGOs, central, development and commercial banks, credit unions, bank regulators, government law and policy makers and public and private lawyers who advise the sector. Key activities and results of IDLO’s program included the following: 1. Enabling Legal Professionals to Take Active Role in Microfinance ■ Trained 351 legal and microfinance professionals from 76 countries ■ Conducted seven videoconferences for experts from more than 15 countries ■ Managed a 300,000 USD grant from the Omidyar Network and after a competitive tender, delivered 6 subgrants of USD 50,000 each for a two-year period to innovative alumni projects in Argentina, Peru, Cameroon, Kenya, Mauritania and Uganda
2. Generating Knowledge and Disseminating BEST Practices ■ Created a directory of 351 microfinance practitioners and a legal discussion forum, www.MFLegalforum.com ■ Created and published a Microfinance Bulletin ■ Disseminated 49 publications from staff and IDLO alumni through www.idlo.int/english/Programs/Economic Growth/Microfinance/Pages/communityPublication.aspx ■ Created a web-accessible database of regulations relevant to financial inclusion (www.idlo.int/english/ Programs/EconomicGrowth/Microfinance) ■ Organized a two-week international conference with 36 participants from 26 countries, including a one-day high level policy dialogue with 200 attendants
2009 Annual Report / Strategic Objective 3
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STRATEGIC OBJECTIVE 3: GLOBAL CHALLENGES Support actors in addressing legal and regulatory aspects of emergent global issues undermining development
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Climate Change
Legal Preparedness for Climate Change Initiative Nations continue to struggle to respond to climate change. Developing countries remain most vulnerable because they lack sound, functioning and adaptive legal capacity. Without legal preparedness, international mechanisms created to help these countries cope with climate change are unlikely to succeed.
3. Knowledge Generation To assist governments and practitioners, IDLO will compile and generate knowledge on the rule of law aspects of climate change. ■
In 2009, IDLO launched the Legal Preparedness for Climate Change Initiative (LPCCI) to enable countries to adapt to climate change; access international funding; and develop a low-carbon economy. 1. Legal Preparedness for Climate Change Assessment IDLO multi-disciplinary teams of legal experts, scientists and economists will look across ministerial jurisdictions at the national level and drill down to the municipal level where adaptation activities most often occur. 2. Legal Technical Assistance and Legal Empowerment IDLO will recommend strategic, comprehensive, legal technical assistance and a legal empowerment plan adapted to a country’s context.
In 2009, IDLO, with the Centre for International Sustainable Development Law, chaired the International Law & Policy Programme at the UNFCCC COP 15 Climate Conference in Copenhagen, engaging partners from universities, international organizations and leading civil society actors The program revolved around four principal events: - Building the Low-Carbon Economy beyond Copenhagen: The Global Law & Policy Research Agenda Seminar - Climate Finance: Legal and Regulatory Issues Course - Developing Sustainable & Equitable Legal Frameworks for the Global Low-Carbon Economy Side-Event - Climate Justice & Sustainability Reception and Book Launch
Deforestation Deforestation contributes approximately 20 to 25 percent of the carbon emissions that cause climate change and degrades important natural resources, such as clean water. With funding from the Bill & Melinda Gates Foundation, IDLO’s 2008-2009 program saw the project impact on local forest-dependent communities of Reducing Emissions from Deforestation and Forest Degradation (REDD) through the lens of rule of law and good governance. Key results of the program included the delivery of several studies. ■
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Conducted research and published study on land tenure, local communities and REDD, including analysis, findings and recommendations based on in-depth research in forestdependent communities and consultations with key stakeholders and legal analysts (www.idlo.int/english /Resources/publications) Presented study’s findings at XIII World Forestry Congress in Buenos Aires the relationship of land tenure, local communities and REDD to institutional settings, compliance and good governance Completed, in collaboration with the International Union for the Conservation of Nature (IUCN), the Study on REDDCompliant Distribution of Benefits System in Vietnam In conjunction with the IDLO Alumni Association of Indonesia and in collaboration with the University of Tarumanagara, participated in the seminar on Climate Change and Carbon Trading in Indonesia
2009 Annual Report / Strategic Objective 3
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Environmental Law
While many environmental issues are associated with climate change, IDLO recognizes that a clean environment is a fundamental right. In 2009, IDLO undertook a number of activities in support of this global challenge. ■
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Hosted two-day seminar on Enforcement of Environmental Regulations in the Mediterranean in Marseille with financing from the World Bank and in partnership with the Ministry of Justice of France The Seminar benefitted 35 participants representing ministries of justice and other public institutions from Algeria, Egypt, France, Greece, Italy, Lebanon, Malta, Morocco, Spain and Tunisia Assisted the creation of a network of prosecutors to combat marine pollution in Mediterranean countries Presented paper at UNEP Conference on Strengthening Transboundary Freshwater Governance: The Environmental Sustainability Challenge, in Bangkok
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Global Health Challenges
Public health pandemics such as HIV require coordination regionally or globally. IDLO has facilitated regional networking and knowledge sharing of experiences and developed tools to help countries tackle global health problems. ■
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Collaborated with the World Health Organization and the O’Neill Institute for National and Global Health Law to identify opportunities to promote public health law and obtained a commitment to draft a joint human-rights based manual for states on public health law Organized a regional seminar, Strengthened and Expanded HIV Legal Services, at the 9th International Congress on AIDS in Asia and the Pacific, in Bali. Participants’ recommendations incorporated into draft legal services toolkit, which was finalized after the meeting
2009 Annual Report / Strategic Objective 4
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STRATEGIC OBJECTIVE 4: NETWORKS Build networks which stimulate legal and institutional reform processes
Opportunities for legal reform are often unpredictable. While some reforms occur incrementally as countries address longstanding legal problems, other wide-ranging reforms result from acute crises. Anticipating and responding to such instances, however, is difficult. By the time the international community can respond at the state level, reforms may have already been implemented or even abandoned. IDLO’s Networks provide a means to address timing issues in legal and institutional reform. By creating communities of practice around specific topics, IDLO propels legal reform in developing countries and provides real-time global intelligence on legal reform best practices, model laws, and knowledge. IDLO’s Networks constitute a continuous, dynamic web-based forum that links legal, judicial, regulatory and civil society leaders to exchange experience and generate, share, and validate knowledge to support learning across countries and institutions. While IDLO lays the foundation, users supply content and connect with each other. IDLO has a strong comparative advantage to develop its Networks through more than 20,000 Alumni and 46 IDLO Alumni Associations, which contribute to program development. A key element in implementing Strategic Objective 4 relates to IDLO’s program under Strategic Objective 5: Knowledge Generation. While members of IDLO’s Networks share information based on personal experience, IDLO gathers global knowledge of legal and regulatory matters within its areas of expertise. IDLO uses the Networks to gather and disseminate this knowledge for the benefit of developing countries. An initial needs assessment ensured that the strategy for IDLO Networks: ■ ■ ■ ■ ■
concretely responds to needs of IDLO’s beneficiaries does not duplicate efforts of other donors or communities adheres to best practices so that success can be guaranteed corresponds to one or more of IDLO’s strong competitive advantages focuses on a niche available within the market
In 2009, funding for IDLO Networks was provided by unrestricted contributions and program funds from the Ministries of Foreign Affairs of Italy and Finland. In some cases, collaboration with IDLO Alumni Associations was made possible through small grants from by Microsoft. IDLO began building the network in 2009 and its key activities and results included the following: 1. Comprehensive Needs Assessment ■ Conducted needs assessment and environment in law and development, including a literature review ■ Mapped existing networks, including thematic and social networks and their positive and negative attributes ■ Mapped IT platforms, functionalities and possible use in context of development analyzed stakeholders, including consultations with current and potential partners and a worldwide survey among IDLO Alumni to determine needs of IDLO beneficiaries for knowledge-sharing network and appropriate technology 2. Designing and Developing Networks Platform ■ Defined platform’s architecture to create communities of practice in specific subject matter ■ Designed and developed the Network platform ■ Prioritized learning on virtual networks ■ Established appropriate partnerships platform ■ Created first IDLO Community of Practice in Microfinance 3. Building Capacity in IDLO Alumni Associations ■ Collaborated with Alumni Associations and implemented activities responding to local needs, including needs assessments, partnering with other institutions and designing and implementing programs
2009 Annual Report / Strategic Objective 5
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STRATEGIC OBJECTIVE 5: KNOWLEDGE GENERATION Generate knowledge and disseminate best practices in legal, regulatory and institutional reform
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Girls Count: Strengthening Gender-Based Legal Protection Framework
To improve knowledge on the factors supporting or inhibiting legal rights afforded girls, IDLO launched a two-year research project in India, Bangladesh, Liberia and Kenya with funding from the Nike and the Bill & Melinda Gates Foundations. IDLO is implementing the program in partnership with local NGOs: the HAQ Centre for Child Rights (www.haqcrc.org) in India, the BRAC (www.brac.net) in Bangladesh, the Children’s Legal Action Network (www.clan.or.ke) in Kenya, and the Women NGOs Secretariat of Liberia (www.wongosol.org). In the targeted countries, IDLO aims to compile comprehensive, accurate and strategic information legal protection afforded girls in seven thematic areas: birth registration, access to education, access to property, child labor, child trafficking, commercial child sexual exploitation, and child marriage. The resulting comparative analysis will provide a basis for informed action in each of the four countries with respect to strengthening domestic legal protection framework and empowering key protection agents to access justice and uphold girls’ rights. IDLO’s key activities and results under this program include the following: ■ ■ ■ ■ ■
Inception report on the relationship between girl child protection and economic development Field research comprising focus groups, stakeholder interviews and a survey of 1,440 mothers Stakeholder validation workshops in four target countries Final country reports and comparative report drafted Establishment of pilot project based on research findings
All reports are available on www.idlo.int/english/Programs/Research/LegalEmpowerment
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Best Practices in Community Land Titling
To support community land titling efforts and protect the rights of vulnerable populations affected by decentralized land management and administration, IDLO is implementing a twoyear Community Land Titling Initiative in Liberia, Mozambique and Uganda, with funding from the Bill & Melinda Gates Foundation. This program is implemented in partnership with local NGOs: the Sustainable Development Institute in Liberia (www.sdiliberia.org); the Land and Equity Movement in Uganda (www.land-in-uganda.org) in Uganda, and the Centro Terra Viva in Mozambique. The findings of this research will inform policy dialogue, assist countries to refine and improve community land titling laws, and provide useful insights for other countries seeking to develop laws and policies for community land titling and registration. Key activities and results included the following: ■ ■ ■
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Research methodology, including baseline surveys, post-service impact mapping and claim tracking tools Inception report and legal framework memorandum Baseline survey of more than 120 land administrators and 2,200 community members concerning land rights, land management practices and local governance experiences Training materials for community members, paralegals and land administrators developed
All reports are available on www.idlo.int/english/Programs/Research/LegalEmpowerment
© Sheila Mckinnon
2009 Annual Report / Strategic Objective 5
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Legal Empowerment and Justice for the Poor
IDLO, supported by the Bill & Melinda Gates Foundation, completed a series of qualitative and quantitative articles included in an edited volume on approaches to integrating justice and development in ways that benefit the poor and other disadvantaged populations. The volume, entitled Legal Empowerment: Practitioners’ Perspectives and published at the beginning of 2010, is a part of IDLO’s book series, Lessons Learned: Narrative Accounts of Legal Reform in Developing and Transition Countries. Consistent with IDLO’s Strategic Objective 5, IDLO seeks to identify legal reform success stories and to account for favorable outcomes. Key results include the following: ■
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Published 15 articles on website, they are available on www.idlo.int/english/Programs/Research/LegalEmpowerment /Pages/Publications.aspx Published book Legal Empowerment: Practitioners’ Perspectives (January 2010)
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Enhancing Legal Empowerment Through Engagement with Customary Legal Systems
With funding from the Bill & Melinda Gates Foundation and in cooperation with the Van Vollenhoven Institute for Law, Governance and Development of Leiden University, this program aims to expand the knowledge base on the relationship between the operation of customary justice systems and the legal empowerment of poor and marginalized populations. Such knowledge will be generated through a number of individual research projects targeting Namibia, Rwanda, Somalia, Tanzania, Mozambique, Papua New Guinea, Liberia and Uganda. These projects are geared toward identifying entry points and tools of engagement for working with customary justice systems to strengthen legal empowerment, with a particular focus on access to land and improving gender equality. Highlights of key activities and results in 2009 included the following: ■
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An empirically-driven research study in Namibia into interventions aimed at enhancing the functioning of customary law, particularly in regard to gender equality Two inception reports entitled Towards Legal Empowerment and Enhancing Legal Empowerment through Engagement With Customary Legal Systems Selected six grantees to conduct action-based field research aimed at obtaining better insight into how customary justice systems might be used as tools of legal empowerment and the identification and evaluation of entry points for engaging with customary justice systems Published inception reports for each commissioned research grant Selected 10 authors to contribute to a volume on Legal Empowerment and Customary Justice Systems focusing on programmatic interventions aimed at enhancing legal empowerment through engagement with customary justice systems
All reports are available on www.idlo.int/english/Programs/Research/LegalEmpowerment
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Photo cover: left UN Photo/E. Debebe right UN Photo graphic layout: tr e associati - rome