Transcript Slide 1

Colloquium in International and Comparative Law
Role of International Lawyers in Promoting
Democracy Assistance and Rule of Law
February 21, 2013
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Rule of Law: State of the Field
Andrew Solomon, BlueLaw International
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“a principle of governance in which all persons, institutions
and entities, public and private, including the State itself,
are accountable to laws that are publicly promulgated,
equally enforced and independently adjudicated, and which
are consistent with international human rights norms and
standards. It requires, as well, measures to ensure adherence
to the principles of supremacy of law, equality before the
law, accountability to the law, fairness in the application of
the law, separation of powers, participation in decisionmaking, legal certainty, avoidance of arbitrariness and
procedural and legal transparency."
Report of the Secretary-General: The rule of law and transitional justice
in conflict and post-conflict societies” (2004)
Rule of Law Defined
Andrew Solomon, BlueLaw International
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Strengthening
Normative
Frameworks
• Drafting Laws (CPC, Courts, Property…)
• Rights of the Disadvantaged and Victims
• Dissemination and Implementation
Enhancing
Effectiveness and
Accountability
• Education, Licensing, and Discipline
• Case Management and Court Admin
• Ministerial Mgmt. & Service Delivery
Empowering
Individuals Through
Access to Justice
• Legal Literacy; Information Counseling
• Justice Centers; Legal Aid; Clinics
• Enforcement of Judgments/Remedies
Promoting Will and
Ownership for
Sustainable Reform
• Dialogue and Stakeholder Development
• Funding Activities and Organizations
• Advising, Mentoring, and Training
What is Technical Legal Assistance?
Andrew Solomon, BlueLaw International
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ICCPR (Article 14 on Right to Fair Trial)
CEDAW, CERD, CRPD, ….
Rome Statue
International Courts and Tribunals
UN Basic Principles and Guidelines on Judges, Lawyers,
Prosecutors, Access to Legal Aid, Remedies, …
Bangalore Principles on Judicial Integrity
International Standards Toolkit
Andrew Solomon, BlueLaw International
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Holistic and Integrated Approach
Contextual/Responsive Assistance
National Ownership and Sustainability
Citizen Engagement/Participation
Justice Strategies/Action Plans
Managing for Results
Donor Coordination
Guiding Principles and
Leading Practices
Andrew Solomon, BlueLaw International
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“Strengthening legitimate institutions and governance to provide citizen
security, justice, and jobs is crucial to break cycles of violence.” (2011 WDR)
Rule of Law Nexus:
Justice, Security, and Jobs
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● UN Approach to Rule of Law Assistance (UN SG)
● New Directions in Justice Reform (World Bank)
● QDDR: Leading Through Civilian Power (US/DOS)
● Handbook on SSR: Supporting Security and Justice (OECD)
● Rule of Law Strategic Framework (USAID)
● UN Rule of Law Indicators Implementation Guide and Tools
Resources and Networks
Andrew Solomon, BlueLaw International
Andrew Solomon
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Director, Justice Sector Reform Advisor
Security & Justice Practice Group
BlueLaw International
www.bluelawinternational.com
[email protected]
WWW.LINKEDIN.COM/IN/ANDREWSOLOMON
@Legalista