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FAO’S Development Law Service Law and Development at FAO “Sound legal frameworks are essential to achieving sustainable agricultural development and effective natural resource management”
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Role of Development Law Service (DLS) Focal point for the legal aspects of agriculture and natural resource management Assistance with the design of appropriate legal frameworks
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Specific Functions 1) Legal advisory services to Member Countries 2) International legal instruments 3) Legal information 4) Research and studies 5) Capacity building
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Principles of Advisory Assistance Advice tailored to specific national context Sharing experiences and solutions National law in compliance with international obligations Multidisciplinary approach Involvement of all categories of stakeholders
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Comparative advantage of legal assistance from DLS Legal advice by lawyers on aspects of agriculture Consistent recommendations across countries Benefit of comparative experience Quality control from centralized unit Independence of ideas and objectivity of advice Innovative solutions at countries’ disposal
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Other reasons for requesting DLS assistance Too many different issues to address Lack of time Lack of lawyers Lack of knowledge of international context and obligations Lack of comparative examples
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FAO Legal Office work in the veterinary field Animal Production Animal Genetic Resources Animal Movement Animal Identification Animal Health Animal Welfare Slaughterhouses Products of Animal Origin Meat Inspection Dairy Sector Animal Feed Veterinary Drugs Veterinary Services Veterinarians and Paraveterinarians Control Measures for Specific Diseases
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Reasons to reform of National Veterinary Legal Frameworks The legislation is outdated or has gaps To meet international obligations To harmonize their laws in accomplishment with regional arrangements New national policies in place Governments need new powers which existing legislation does not provide for Foreign investment is often triggered by updates to the legal framework
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The process of drafting legislation in technical assistance projects 1. Compile and analyze existing legislation (not just veterinary legislation) 2. Determine the hierarchy of existing legislative instruments and the status of veterinary law 3. Find out what is actually happening on the ground with the current written law 4. Identify challenges, gaps, areas for improvement 5. Propose a number of solutions for the legal framework (taking into account national capacities and the country context)
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Characteristics of a good legislative drafting process Extensive participation of: Government Private stakeholder Consumer groups
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Key issues (1) 1. To understand what to address through main law and what through subsidiary instruments: sometimes, it’s not possible or not easy to amend principal legislation 2. To identify which problems need legislative solutions and which can be resolved through other means
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Key issues (2) 3. Not to confuse policy and law 4. To resolve policy issues before drafting legislation 5. To build capacity in the country
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Some Recent Examples of FAO Legal Assistance…
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Examples (1) Animal Health Panama: Draft Animal Health Law and Regulations West Africa Region: Draft Animal Health Regulation Cambodia, Timor Leste: Draft Animal Health Laws Meat Inspection Somalia: Draft Law on Meat Inspection and Control
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Examples (2) Dairy Products Uruguay: Law on Milk Production and Commercialization of Milk Products Veterinary Drugs Mozambique: Draft Veterinary Drugs Law Livestock Identification Ukraine: Draft Legislation on Establishment of Livestock Identification System
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Examples (3) Animal Feed Central America: Draft Regional Regulation on Feed Safety Specific Animal Diseases Lithuania: Proposed Regulations for Measures to Control Transmission of Echinococcocis Veterinary Profession Rwanda: Draft Legislation on Veterinary Profession
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Examples (4) Paraveterinarians Jordan: Recommended Amendments to Take Account of Village Animal Health Workers Dairy Development Barbados: Draft Dairy Development Board Act
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Publications...
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Legislative Studies
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Legal Papers Online
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THANK YOU FOR YOUR ATTENTION Contact us: OIC-LEGN@fao.org carolina.pelaez@fao.org fulvia.basile@fao.org For more information: www.fao.org/legal/
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