20 YEARS OF PARTNERSHIP IN RULE OF LAW
DEVELOPING A LEGISLATIVE FRAMEWORK
STRENGTHENING THE RULE OF LAW
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Between 1992-1996, USAID supported Albania’s initial constitution drafting efforts, and other important legislation such as the Criminal and Civil Codes, and Criminal and Civil Procedure Codes. In 1998, USAID’s efforts were vital to re-draft Albania’s constitution and garner public support for its passage through an extensive voter awareness campaign. An important early achievement was the distribution of Albanian legal codes to judges, prosecutors, and attorneys to correct the lack of access to Albanian law. From 1995-97, more than 10,000 copies of civil and criminal codes were disseminated. In 1997, USAID also helped establish a law library at the Supreme Court, open to all members of the legal community.
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IMPROVING ACCESS TO JUSTICE •
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In the mid-1990’s, USAID worked with four legal clinics that provide free or low-cost legal advice. The first clinic, the Women’s Advocacy Center, opened in 1996 to represent victims of domestic violence. Another clinic, the Tirana Legal Advice Service, served thousands of needy clients by helping them obtain pensions and protecting their property rights. In 1998, USAID provided support to the newly created institution of the People’s Advocate (the Ombudsman) who is responsible for monitoring the government’s respect for human rights, and compliance with human rights legislation. In the late 1990’s, USAID supported the creation of Albania’s National Day of Justice to raise awareness on the part of Albania’s citizens about their legal rights.
SUPPORTING CITIZEN EFFORTS TO FIGHT CORRUPTION •
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CONTRIBUTING TO JUDICIAL REFORM • • •
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In 1996, USAID helped create the Albanian Magistrate’s School (AMS). USAID and other donors trained teachers and provided the necessary equipment to make the AMS functional in 1997. Since 1999, USAID has helped the AMS to train Albania’s sitting judges on a variety of commercial law topics, including on commercial transactions, basic accounting, international private law, and intellectual property. Over 140 judges were trained in these programs. USAID has also supported the judiciary’s independent governing bodies. The National Judicial Conference (NJC), held its first meeting in December 1999. USAID support helped to organize NJC committees, including those on legislature, ethics, and court budgets. With USAID support, the independent court budget law was enacted in 1999 which provided the judiciary with the authority to control its own resources.
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1990s
In 2004-2007, USAID supported the Ombudsman and provided training to officials, civic watchdogs, and the media on the Freedom of Information law. In 2004, USAID drafted the Law on the Conflict of Interest. In the first year after the passage of the law in 2005, more than 135 conflict of interest cases were resolved. The High Inspectorate for the Declaration and Audit of Assets (HIDAA) was created in 2003 with USAID support. USAID’s assistance to HIDAA resulted in the strengthening of that institution’s role as enforcer of the asset disclosure and conflict of interest laws. In 2007, USAID began a three-year program that introduced accountability measures in 10 pilot courts in order to help courts meet standards for good judicial practice. Such measures included publication of court decisions, audio records of court hearings, computerized case management. USAID, in cooperation with OSCE, also supported the opening of Public Information Offices in the Gjirokastra and Tirana Appellate Courts and the Mat District Court.
In 2001, USAID helped establish an almost 300 member Albanian Coalition Against Corruption (ACAC) to mobilize civil opposition to corrupt practices. The Citizen’s Advocacy Office (CAO) was created in 2001 with support of USAID as an office to provide free legal services to citizens otherwise without access to legal assistance. CAO became one of the leading voices in public debates regarding governance, justice, transparency, and corruption. In 2006, CAO was designated as Albania’s chapter of Transparency International. USAID funded six Corruption in Albania Surveys (2004-2010) which served as focal points for policy debates and a civic monitoring effort on government performance, and further strengthened Albania’s domestic survey research capacity. In order to provide the public with information about the Albanian legal system and encourage the discussion about the problems facing the judicial system, USAID supported a number of media programs since 2003. Among them USAID has supported a “60 Minutes” style TV program (“Hapur”) that has carried out more than 200 investigations since 2002 denouncing corruption and abuse of public office at the local and national level, Heroes (2002-2004), and Justice Matters (2008) programs. USAID also trained hundreds of journalists through an investigative journalism training programs.
The
2000s
MODERNIZING ALBANIA’S COURT SYSTEM •
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USAID will provide direct support to all Albanian courts to take advantage of digital audio recording technology for producing and making available verbatim records of legal proceedings. USAID will offer assistance to improve case management practices and promote greater use of public courtrooms. USAID will introduce and expand the use of mediation for resolving commercial and family law disputes in three pilot courts.
STRENGTHENING THE CIVIL SOCIETY’S WATCHDOG ROLE •
USAID will work to strengthen the capacity of civil society and judicial organizations to monitor and advocate for justice system reform, anti-corruption, and good governance in Albania through specialized training and a grants program.
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USAID will provide technical assistance to promote investigative reporting by Albanian journalists.
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USAID will establish a clinical legal education program at the University of Tirana Law Faculty.
SUPPORT FOR LEGAL EDUCATION
2011
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USAID will implement Albania’s first continuing legal education program for lawyers in two pilot regional Chambers of Advocates in Durres and Vlora, in cooperation with the Albanian National Chamber of Advocates.
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USAID will support the publication of a Bar Journal for the Albanian legal profession.
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USAID will establish a clinical legal education program at the University of Tirana Law Faculty.
BEYOND
PROJECTS 1991-1999
PROJECTS 2000-2010
PROJECTS 2011 AND BEYOND
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• Corruption Reduction in Albania (2000-2004) • NGO Legal Reform for Central and Eastern Europe (2001-2004) International Center for Non-Profit Law • Criminal Law Training (2001) • Strengthening the Rule of Law (2000-2005) • Judicial Reform (2001-2002) • Albania Pilot Court Administration Reform Project (2003-2005) • Albania Rule of Law Project (2004-2007) • Women’s Legal Rights Initiative (WLRI) (2003-2006) • Judicial Reform Index (2006-2009) • Rule of Law Program in Albania (2007-2010)
• Albanian Justice Sector Strengthening Project (JuST) (2010-2015)
Technical Assistance on drafting Albania’s constitution (1993-1994) Albania Judicial Training Program (JTP) (1998-2000) Commercial Law Training Collateral Law Reform (1998-2001) with the University of Maryland/IRIS Center