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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Colloquium in International and Comparative Law Role of International Lawyers in Promoting Democracy Assistance and Rule of Law February 21, 2013

Rule of Law: State of the Field 2 Andrew Solomon, BlueLaw International

Rule of Law Defined 3 Andrew Solomon, BlueLaw International “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 decision- making, 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)

4 Drafting Laws (CPC, Courts, Property…) Rights of the Disadvantaged and Victims Dissemination and Implementation Strengthening Normative Frameworks Education, Licensing, and Discipline Case Management and Court Admin Ministerial Mgmt. & Service Delivery Enhancing Effectiveness and Accountability Legal Literacy; Information Counseling Justice Centers; Legal Aid; Clinics Enforcement of Judgments/Remedies Empowering Individuals Through Access to Justice Dialogue and Stakeholder Development Funding Activities and Organizations Advising, Mentoring, and Training Promoting Will and Ownership for Sustainable Reform What is Technical Legal Assistance? Andrew Solomon, BlueLaw International

International Standards Toolkit 5 Andrew Solomon, BlueLaw International 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

Guiding Principles and Leading Practices Holistic and Integrated Approach Contextual/Responsive Assistance National Ownership and Sustainability Citizen Engagement/Participation Justice Strategies/Action Plans Managing for Results Donor Coordination 6 Andrew Solomon, BlueLaw International

Rule of Law Nexus: Justice, Security, and Jobs 7 “Strengthening legitimate institutions and governance to provide citizen security, justice, and jobs is crucial to break cycles of violence.” (2011 WDR)

Resources and Networks ● 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 8 Andrew Solomon, BlueLaw International

Andrew Solomon Director, Justice Sector Reform Advisor Security & Justice Practice Group BlueLaw International 9