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Published byMelanie Merritt Modified over 8 years ago
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1 Initiating the process: preparatory steps
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2 The seven stages
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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
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4 Preparatory steps Knowledge Understanding Legal review Data collection Sensitisation Type Scope Contents Technical support Displacement facts and concepts Political decision- making Technical choices
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5 Knowledge and understanding Knowledge Understanding Key notions IDPs IDPs’ concerns Communities affected by displacement Displacement process Response Durable solutions
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6 Suggested actions Technical and legal workshops Multi-stakeholder conferences Field and exposure visits Joint needs assessments Public hearings Open debates Awareness-raising campaigns
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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
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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 …
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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
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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
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11 Legal review: country examples
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