1 Initiating the process: preparatory steps

2 The seven stages

3 Objectives  Highlight the main undertakings in preparing a law or policy-making process  Explain why certain actions need to be taken in preparation for drafting  Suggest ways of increasing knowledge and undertanding of displacement in the initial stages  Understand why, when and how to conduct a review of national legislation

4 Preparatory steps Knowledge Understanding Legal review Data collection Sensitisation Type Scope Contents Technical support Displacement facts and concepts Political decision- making Technical choices

5 Knowledge and understanding Knowledge Understanding Key notions  IDPs  IDPs’ concerns  Communities affected by displacement  Displacement process  Response  Durable solutions

6 Suggested actions  Technical and legal workshops  Multi-stakeholder conferences  Field and exposure visits  Joint needs assessments  Public hearings  Open debates  Awareness-raising campaigns

7 Why a legal review? Legal review Objective To determine the extent to which the existing framework: a.addresses displacement adequately b.creates obstacles to IDPs’ protection and assistance c.contains gaps related to IDPs’ protection and assistance

8 Do we need a legal review? Necessity and added value  Gaps in existing laws?  Unintended obstacles ?  Contradictions between existing laws and the new instrument?  Does existing legislation facilitate implementation of the new instrument? Capacities  Evaluation of national capacity and expertise  Time consuming process (Law or policy?)  Interpretation of existing laws in light of national regional and international standards Before, during and after …

9 What to review?  Constitutional documents and bills of rights  Disaster management and humanitarian laws and policies  Land, property and housing laws and policies  Birth, death, marriage and citizenship laws and policies  Social security laws and policies  Law enforcement and military regulations  Court procedures and regulations  Social services laws and policies  Criminal law

10 How to review a legal framework Suggested methodology 1.Collect relevant laws, decrees and ordinances 2.Examine to determine: a.gaps and obstacles b.insufficient address of IDPs’ issues c.contradictions with regional and international standards 3.Identify issues: a.to be addressed in the new instrument b.to be addressed by altering the existing framework CAR legal review, 2011 (Brookings Institution)  Landscape analysis: political, social and economic challenges  Analysis of relevant laws and policies  67 elements of national regulation  Normative analysis: Great Lakes Pact Kampala Convention Existing legislation  Recommendations: gaps and issues

11 Legal review: country examples