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Colloquium in International and Comparative Law Role of International Lawyers in Promoting Democracy Assistance and Rule of Law February 21, 2013 2 Rule of Law: State of the Field Andrew Solomon, BlueLaw International 3 “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 4 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 5 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 6 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 7 “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 8 ● 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 9 Director, Justice Sector Reform Advisor Security & Justice Practice Group BlueLaw International www.bluelawinternational.com [email protected] WWW.LINKEDIN.COM/IN/ANDREWSOLOMON @Legalista