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Rule of Law Initiative's Ukraine Office Hosts Justice Sandra Day O'Connor for Rule of Law and Public Integrity Symposium
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| Justice Sandra Day O ’Connor provides the keynote speech at the Rule of Law and Public Integrity Symposium, as U.S. Ambassador to Ukraine, William B. Taylor; Deputy Head of the Presidential Secretary, Oleksandr Chaliy; and ABA Rule of Law Initiative – Ukraine Country Director, Shelley Wieck, listen attentively. |
Retired United States Supreme Court Justice Sandra Day O’Connor delivered the keynote address at the Rule of Law and Public Integrity Symposium, a program sponsored by the ABA Rule of Law Initiative’s Ukraine office. The symposium was held on Monday, June 11, 2007, in Kyiv, Ukraine. The symposium focused on the public integrity of governmental institutions entrusted with advancing and enforcing the rule of law in Ukraine. It consisted of three roundtable discussions in key areas of reform including: anti-corruption policies and legislative framework; judicial reform and accountability; and criminal justice reform and the adversarial process. U.S. Ambassador William B. Taylor and representatives of the presidential secretariat and prime minister’s office provided opening remarks.
In her keynote address, Justice O’Connor emphasized that reform measures for all three branches must move beyond the conceptual vision and into implementation and enforcement. Ambassador Taylor also noted that recent political setbacks in Ukraine underscore the need to redouble efforts to combat corruption and ensure transparency and accountability in all branches of the government, including the judiciary.
The Rule of Law Initiative's Ukraine office used the symposium as an opportunity to launch its Anti-Corruption Resource Center website, as well as to announce plans for further legislative gap analysis roundtables on key anti-corruption draft laws and legislation. These future roundtables will analyze how such draft legislation can help Ukraine meet international standards and comply with commitments it has made under various international conventions on corruption towards the goal of European integration.
For more information, please contact Country Director Shelley Wieck at <SWieck@abaceeli.kiev.ua>.
Rule of Law Initiative Completes Assessment in East Timor
The ABA Rule of Law Initiative’s Research and Development Office recently completed a rule of law assessment of East Timor’s justice sector. Mary Adele Greer, senior advisor for the ABA Rule of Law Initiative Criminal Law Program, partnered with Alexander Gupman, senior program manager for Freedom House, to lead the comprehensive evaluation of the justice system in East Timor. The assessment team included international and Timorese representatives from the Washington, DC and East Timor offices of the US Agency for International Development (USAID) and the Australian Agency for International Development. Representatives from the Asia Foundation and Management Sciences for Development, Inc. also participated in the assessment.
The team spent three weeks meeting with over 100 individuals from formal and informal channels in the Timorese justice sector, including human rights defenders, village elders and arbiters, and representatives from media outlets, international and national organizations, and the East Timor Government. The team plans to analyze the information and make recommendations to USAID regarding the progress of rule of law efforts following the country’s 1999 vote for independence and the subsequent violence surrounding democratization efforts. The assessment was funded by USAID, through the Rights Consortium.
For more information contact Mary Adele Greer, Senior Criminal Law Advisor <MGreer@staff.abanet.org>
Rule of Law Initiative Civics Books Have Major Impact in Kosovo Classrooms
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| Books published in 2006 by the ABA and the Kosovo Education Center: A Guide for Children's Rights Committees in Schools; a poetry and prose book - We are Flowers, We are Birds; and a book focused on children's rights – We Have No Vote, but We Do Have Our Rights. |
An April 2007 survey of primary and middle school teachers and Ministry of Education officials in Kosovo reveals that the three ABA Rule of Law Initiative-funded books introduced into schools last December have become valuable tools for civics teachers throughout Kosovo.
In December 2006, the Rule of Law Initiative worked closely with the Kosovo Education Center (KEC) in the development, publishing, promotion, and distribution of three books for primary and middle school students in Kosovo: "A Guide for Children’s Rights Committees in Schools," a poetry and prose book titled "We are Flowers, We are Birds," and a book focused on rights titled "We Have No Vote, but We Do Have Our Rights." These books emphasize civics, law, and human rights. They were developed to fill a gap in the current school curriculum and to increase the level of awareness of children and teachers on child rights and the law.
The books were distributed to all primary and middle schools in Kosovo, representing 324,124 students from the ethnic Albanian, Bosnian, Croatian, Roma, Serb, and Turkish communities.
Based on the results of a KEC survey, teachers have incorporated the books into their civics curriculum, regularly using lessons from the books to teach the concepts of children and human rights. Educational officials called the books “very useful and valuable for advancing the teaching of human rights and supporting teachers of civic education” and have credited the books with helping “to establish a better relationship” between students and teachers.
KEC has also credited the introduction of the Rule of Law Initiative funded books, and thus the concept of teaching children rights, with spearheading the creation of a Kosovo-wide advisors network for child rights. This network includes child rights officers, trainers, educational inspectors, and school committees for child rights protection. According to the KEC survey results, these books have helped to improve children’s lives in schools, in their homes, and in their communities. For example, school children who were surveyed in Gjakova stated that these books have moved their school to set up a children’s rights committee which holds monthly meetings with the children, their parents and their teachers. According to the Gjakova school children, this committee, helps to better identify school problems and responsibilities and has taught them the importance of their role in defending children’s rights.
The First Public Defender's Office in Former Soviet Union Opens in Armenia
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| Chief Justice of Armenia Mr. H. Manoukyan hands a present to the President of the Chamber of Advocates on the occasion of the official opening of the PD Office |
On June 29, 2007, the Armenian Bar and ABA Rule of Law Initiative celebrated the grand opening of the Public Defender’s Office (PDO) of the Armenian Bar – the product of a year-long effort by the two organizations. Representatives from various local and international organizations, including the Ministry of Justice, the US Agency for International Development (USAID), the Armenian judiciary, the prosecutor’s office, and the media joined the public defenders for the celebration.
The idea for creating public defender’s office originated in 2001, when the Central European and Eurasian Law Initiative (CEELI), a division of the Rule of Law Initiative, sent eight Armenian advocates to study the public defender system in Florida. Upon their return, the advocates drafted a proposed law to create the PDO and, together with CEELI, promoted it to the Ministry of Justice. Beginning in 2003, CEELI experts worked closely with the Ministry of Justice to incorporate provisions creating a public defender’s office into the Armenian Law on Advocacy. The Armenian government adopted the new law in 2004, funding the first public defender’s office in the Commonwealth of Independent States.
Currently, the PDO has 17 offices and 31 public defenders throughout Armenia. The PDO provides free legal aid in all criminal and some civil cases for disadvantaged citizens. In addition, the Rule of Law Initiative provides intensive trainings on various criminal law topics, legal writing, English language and computer classes to all public defenders.
US State Department Honors Rule of Law Initiative-trained Ecuadorian Prosecutor
The State Department recently honored Lucy Blacio, a veteran of several ABA Rule of Law Initiative trainings, by naming her a 2007 Hero Acting to End Modern-Day Slavery. Blacio, an Ecuadorian prosecutor, is one of eight worldwide heroes named in the 2007 Trafficking in Persons (TIP) Report.
Released in June, the 2007 TIP Report praises Blacio saying:
“Threats from defendants and defense attorneys have not kept special prosecutor Lucy Blacio from successfully enforcing Ecuador’s new law against trafficking in persons.
After national legislation to criminalize trafficking in persons (TIP) was passed in June 2005, Ecuador's attorney general named Blacio the TIP special prosecutor for El Oro province in February 2006 -- one of only three appointed nationwide.
To date, Blacio’s results are impressive. In fewer than 18 months as a TIP prosecutor, she has initiated investigations or prosecutions of more than 30 human trafficking cases and has won four convictions under Ecuador's new law against the crime. Of note was Blacio's successful prosecution of two brothel owners charged with sexual exploitation of minors, since brothels are legal in Ecuador. Blacio also won the conviction of a defendant charged with the forced prostitution of two minors and another charged with the production of child pornography.”
Lucy Blacio has attended three Rule of Law Initiative trainings in Ecuador, including a training on investigation techniques in TIP cases and a training on successfully prosecuting TIP cases. Both were part of the ABA Rule of Law Initiative Project to Combat Trafficking in Persons in Ecuador. Blacio also attended the first seminar under the Criminal Justice Project, which focused on the importance of the relationship between the police and prosecutors in developing strong cases in an adversarial system.
The Rule of Law Initiative is proud to work with committed, well-trained professionals who make a difference in their countries even after projects end.
For more information about the Rule of Law Initiative’s Criminal Justice Project in Ecuador, please contact Charles Caruso at <carusoch@staff.abanet.org>.
Kosovo President Attends Rule of Law Initiative Conference on Bench and Bar Organizations
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| From left to right: Dr. Michael Farbman, Mr. David Sip, Dr. Fatmir Sejdiu, Mr.Ymer Huruglica, Ms.Martha Barnett and Mr. Jonuz Salihaj |
On June 13, 2007, Kosovo President Fatmir Sejdiu joined leading law and government figures in Prishtina to open “The Role of Bench and Bar Organizations in Promoting the Rule of Law in Kosovo,” a conference co-sponsored by the Rule of Law Initiative with support from US Agency for International Development (USAID). The conference was the culmination of several bench-bar roundtables held in Kosovo over the last year, and was organized in partnership with the Kosovo Chamber of Advocates (KCA) and the Kosovo Judges Association.
Former ABA President Martha Barnett spoke at the event and pledged ABA support for rule of law work which she called “the most important cause in Kosovo.” Kosovo Minister of Justice Jonuz Salihaj and Dr. Michael Farbman, USAID Director for the Kosovo Mission, also addressed the conference.
Approximately fifty individuals participated in the conference, discussing issues including the Ahtisaari Plan on Kosovo Status and its impact on the judiciary, the judicial selection process, the impact of local organizations and associations on the promotion of judicial independence and competence, and the need to increase gender and ethnic diversity on the bench.
Participants recommended that the conclusions from the conference be published and include an urgent call for the appointment of more judges and an immediate increase in judge’s salaries.
For more information please contact our Senior Staff Attorney Jetish Jashari at <jjashari@ceelikosovo.org>.
Kosovo Women Share Experience & Advice at Conference on Women in Law
The ABA Rule of Law Initiative, together with the Committee for Gender and Minorities of the Kosovo Chamber of Advocates, recently hosted the “Women in Law in Kosovo” conference, a one day event that offered a unique forum to discuss obstacles and challenges for women in the legal sector. Martha Barnett, former president of the ABA, presided over the conference which brought women law students and leading women in the legal profession together in Pristina.
Tina Kaidanow, Chief of Mission of the U.S. Office in Kosovo opened the conference, stressing the important role women play in creating a diverse, strong legal system. Barnett shared her experiences as a lawyer in the US and pointed to progress in the past three decades.
”In the last decades, considerable progress has been shown in the United States with regard to the role of women in the legal profession,” Barnett explained in her address to the students. “But it is not too long a time ago when the US had the same situation as Kosovo has now.”
Barnett urged her fellow panelists and the law school students to establish a network of women lawyers and create channels for better and broader communication.
Many media outlets covered the conference including several daily newspapers, the evening news, a national TV morning show, and two national TV feature programs that produced shows on the topic of women’s representation in the legal profession and included interviews with Barnett.
Students who attended the event found the conference to be a rare opportunity for law students and recent graduates to learn about the challenges facing women in Kosovo’s legal sector. The conference also offered them a chance to experience the support network they can access as they endeavor to enter the legal profession.
For more information please contact our Legal Specialist Kathy Ladun at kladun@ceelikosovo.org
Regional Criminal Justice Initiative Holds Training on Combating Organized Crime in Bulgaria
Between June 18 and 22, the ABA's Regional Criminal Justice Initiative (RCJI) held the 5th round of its "Enterprise Theory of Investigation and the Use of Sophisticated Techniques in Combating Organized Crime" training course at the National Police Academy in Sofia, Bulgaria. Twenty-six law enforcement officials participated in the class, including 19 police investigators, 5 military investigators and 2 prosecutors. In contrast to previous rounds, this was the first time the majority of the training was provided by Bulgarian instructors, most of whom had been trained previously by RCJI. As an additional indication of the sustainability of these trainings, RCJI provided only minimal financial support for this course. As with previous training courses, this one was a joint effort of RCJI with the Bulgarian Ministry of the Interior and the Bulgarian Supreme Cassation Prosecutors' Office.
For additional information on RCJI or the course, please contact Detelin Ivanov, RCJI Staff Attorney, at <detelin@aba-bg.org>.
Jordanian Minister of Justice Participates in Summer Practicum Graduation Ceremony
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| JoAnne Roake and Charles Doskow present a certificate to a law school student upon completion of the first two week training course on practical legal skills. |
On Thursday June 14th, 2007 His Excellency the Minister of Justice Sharif Al Zu’bi distributed certificates to 32 students from Jordan University and Yarmouk University to mark the completion of the ABA Rule of Law Initiative's two week intensive training course on practical legal skills. The intensive summer course included skills-building exercises, learning opportunities for substantive areas of the law, field trips and seminars from local attorneys and judges. International experts focused on helping develop students practical legal skills, in writing, research, drafting, negotiation and ethics. The students then began a two week externship opportunity at NGOs, private law firms and the courts allowing them to observe and participate in the practice of law while building practical skills. The externships also helped promote awareness of Jordan’s legal system and cultivate an interest in particular areas of law.
This year, student interest was so great that the ABA Rule of Law Initiative's Jordan office held a second session beginning on June 17th for students from Philadelphia University.
The Rule of Law Initiative first launched the Jordan summer practicum program in 2006, and it has generated much interest among stakeholders. Last year’s practicum and the two held this June were organized and conducted by Rule of Law Initiative staff and visiting experts, including JoAnne Roake, Professor Marcia Levy and Dean Charles Doskow. The Rule of Law Initiative is encouraging universities to institutionalize the practicum and other modern learning opportunities for law students such as moot court and public legal education.
For more information contact <HShubailat@aba-mideast.org>
Ukraine Office Uses Innovative Means to Teach Human Rights Law
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| Anna Demeneva, HR Expert from NGO Sutyazhnik, RF, speaking on substantive guarantees of Art.5 of the ECHR |
On June 17, 2007, the ABA Rule of Law Initiative concluded its fourth professional development training for lawyers from its partner advocacy organizations and legal clinics in Ukraine. Twenty-nine pro bono attorneys and clinicians attended the three-day training focused on Articles 5 and 6 of the European Convention for the Protection of Human Rights and Fundamental Freedoms (ECHR).
The trainers included attorneys from prominent Russian and Ukrainian human rights orgnizations, including Anna Demeneva, a human rights expert from Sutyazhnik in the Russian Federation and Arkadiy Bushchenko, a human rights expert from Kharkiv Human Rights Protection Group in Ukraine. The trainers used innovative methodological approaches to teaching at the ECHR training. They assigned ‘homework’ to the participants prior to the event and engaged the participants using the Socratic method. The trainers did not lecture, relying instead on discussion and interaction to teach the material.
The attorneys and clinicians learned about the substantive and procedural guarantees of Articles 5 and 6 as developed by the European Court’s caselaw. Additionally, the ABA Ukraine staff guided the participants through the case law system, training them to brief cases and argue using the Issue, Rule, Analysis, and Conclusion (I-R-A-C) method.
The Rule of Law Initiative intends to utilize this methodology during future trainings in Ukraine, especially those specializing in ECHR.
Information provided by Vasily Kukharchyk, Senior Rule of Law Program Manager, ABA Rule of Law Initiative Ukraine <Vkukharchik@abaceeli.kiev.ua>
Training Sessions for Women Legal Professionals in Lebanon and Algeria
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| Participants and trainers in the Algeria E-Commerce Event. |
The Lebanon Hub of the Arab Women’s Legal Network (AWLN), sponsored two training events recently in Beirut. The ABA Rule of Law Initiative has been supporting the development of the AWLN and its associated national-level hubs since 2004. The first event, held on May 25, 2007 at St Joseph’s University, featured Professor Pierre Catala of France, an internationally recognized expert on e-commerce law and author of Lebanon’s draft e-commerce legislation. This inaugural conference was followed by a two-day workshop for women legal professionals on e-commerce and the law. AWLN members, judges, academics, practicing lawyers and legal consultants in Lebanon attended these events.
The AWLN Algeria Hub also recently has sponsored training workshops for women legal professionals. The first conference, held on May 30 and 31, 2007 in Algiers, provided women instruction on leadership and communication skills. On June 6 and 7, 2007, the Hub presented a training workshop in the city of Oran to introduce women legal professionals from the Western part of Algeria to the topic of alternative dispute resolution. Finally, the hub conducted a workshop on the legal aspects of e-commerce in Anaba in Eastern Algeria on June 20 and 21, 2007. Approximately, twenty-five women lawyers, law professors, legal consultants and judges attended each of the two-day workshops.
Administered by voluntary organizing committees, the Hubs help the Network focus professional development activities at the country-specific level. The variety and number of successful workshops indicates that volunteers have come to play an important role in assisting the AWLN to promote the advancement of Arab women working in the legal field.
The Arab Women’s Legal Network (AWLN) held its Third Annual General Meeting in Amman, Jordan from June 13 -15, 2007. Officially launched in July 2005, the Network receives technical assistance and capacity-building support from the ABA’s Rule of Law Initiative. This month’s event provided specialized training programs and professional development activities to over 100 female legal professionals from across the region.
As in past years, the Annual General Meeting consisted of training in practical legal skills, presentations on substantive areas of the law, and opportunities to expand professional networks. The AWLN hosted several regional and international experts from such countries as Egypt, Algeria, Lebanon, Nigeria, the Netherlands, and the U.S. who presented on a multitude of topics, including information technology, women’s civil and political rights, combating violence against women, drafting contracts, and managing law firms. Women, representing nearly every country in the Arab world, participated in these workshops and in discussions about promoting women in the legal profession. The Network anticipates that events such as these will have an immediate impact on the legal profession in the region and will serve to create a strong and viable generation of informed female lawyers.
Serbia Office Releases Freedom of Information Act Assessment
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| Serbia country director Julia Roig speaks at the roll-out of the Rule of Law Initiative's assessment on Serbia's Freedom of Information Act, on June 7 in Belgrade. Also shown, from left to right, are: Rodoljub Sabic, Commissioner for Public Importance in Serbia; Blazo Nedic, Deputy Country Director; and Damir Milutinovic, Staff Attorney. |
On June 7, 2007, the ABA Rule of Law Initiative released its assessment of Serbia’s law on Free Access to Information of Public Importance (FOIA) at an event held at the SAVA Center in Belgrade. Julia Roig, country director of the Rule of Law Initiative's Serbia office, opened the roll-out ceremony, which included comments by staff attorney Damir Milutinovic and Serbia’s Public Information Commissioner.
Serbia’s FOIA law allows ordinary citizens, including members of the media and non-governmental organizations, to request and view information held by public bodies. The Rule of Law Initiative’s assessment contains an in-depth appraisal of the law resulting from a series of interviews and analyses of 26 state institutions from Belgrade, Novi Sad, Kragujevac and Nis on the implementation of FOIA. The report compares Serbia’s FOIA law with international standards and makes specific recommendations to harmonize the Serbian FOIA with these standards. The assessment also highlights the strengths and weaknesses of certain Serbian FOIA provisions and advocates amendments to strengthen the existing law. This new assessment is expected to influence future FOIA reform efforts in Serbia and will help to ensure that public institutions operate in a more transparent and open manner.
Since FOIA was adopted in 2004, the Rule of Law Initiative's Serbia office has promoted the law by conducting a public outreach program to train representatives of the judiciary, the prosecution, media outlets, and non-governmental organizations to use the law. The office has also organized the International Right to Know Day programs for over 50,000 citizens. The results of this outreach are already evident, as the number of FOIA requests tripled in 2006.
For more information, please contact Rule of Law Liaison Stuart Brooks at <sbrooks@abaceeliyu.org>
Serbia Hosts Conference on the Independence of Judiciary and the Challenges of Transition
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| Vida Petrovic - Skero, the President of the Supreme Court of Serbia, speaking with members of the international community at the JAS conference. |
On June 2, 2007, the Judges’ Association of Serbia (JAS) and the Prosecutors’ Association of Serbia organized and hosted an International Conference titled “Independence of Judiciary and Challenges of Transition.” The conference, funded in part by the ABA Rule of Law Initiative in Serbia, took place at the Belgrade Palace of Justice.
The conference offered a forum for judges and prosecutors from transitional countries to exchange experiences with judges and prosecutors from MEDEL, the Association of European Judges and Prosecutors. The groups discussed many topics including the issue of international standards for judges and prosecutors in a democratic society and the importance of the role of judges and prosecutors for the independence of the judiciary.
More than 100 judges and prosecutors participated in the conference, representing professional associations from Bosnia and Herzegovina, Macedonia, Slovenia, Croatia, Montenegro, Bulgaria, Romania, as well as MEDEL members from Belgium, Greece, Italy, Cyprus, Germany, Poland, Portugal, France, Czech Republic, and Spain.
In keeping with its goal to promote an independent, well-trained judiciary that meets the highest standards of integrity, the Rule of Law Initiative's Serbia office has partnered with JAS, providing both financial and technical assistance since 1997. As a result, JAS has grown from an organization founded by five Serbian Supreme Court judges in 1996 into a large association of more than 1600 judges capable of organizing international conferences and playing a central role in judicial reform in Serbia.
Rule of Law Initiative Trafficking Project in Ukraine holds Roundtable on Asset Confiscation
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| From left to right: The Chair (Tanya Khavanska, Yuriy Sevruk, Ludmyla Ilkovetz and Andriy Orlean) completing the Survey. |
On June 4, the ABA Rule of Law Initiative’s Ukraine Project on Confiscation Fund for Human Trafficking, a project funded by International Organization for Migration in Ukraine, organized a working roundtable on the “Application of Asset Confiscation as a Punishment in Human Trafficking Cases” in Kyiv. The Roundtable brought together academics and members of the Ukrainian criminal justice system who work on asset confiscation including representatives of the General Prosecutor’s Office, General Prosecutor’s Academy, Ministry of Justice, Ministry of Internal Affairs, State Department for the Execution of Punishments, Academy of Judges, Center for Legal Reform of the Ministry of Justice, and the Ministry for Family, Youth and Sports.
Ludmyla Ilkovetz from the Academy of Prosecutors of the General Prosecutor’s Office of Ukraine moderated the productive expert discussion on the current legal framework of confiscation procedures. Participants identified problems with the application of confiscation for human trafficking crimes and offered potential solutions for those challenges. The roundtable was the first event to specifically address the need for a separate fund to assist victims of human trafficking crimes in Ukraine, and it was very well received by those who participated.
For further information, please, contact Maria Vasylieva <MVasylieva@abaceeli.kiev.ua> and Tanya Khavanska <Tkhavanska@abaceeli.kiev.ua>.
Rule of Law Initiative to Honor Supreme Court Justice Stephen G. Breyer and Pro Bono Volunteers
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Supreme Court Justice Stephen G. Breyer will be honored on August 11 at the 2007 Rule of Law Initiative Luncheon & Award Ceremony in San Francisco. |
On August 11, the Rule of Law Initiative will present its annual Rule of Law Award to Supreme Court Justice Stephen G. Breyer and past Rule of Law Initiative Pro Bono Volunteers. The ceremony will take place in San Francisco during the Rule of Law Initiative Luncheon & Award Ceremony, one of the marquee events of the 2007 ABA Annual Meeting.
Justice Breyer is a Special Advisor to the Rule of Law Initiative and a long time board member of the Latin America & Caribbean Division. The Rule of Law Initiative's past Pro Bono Volunteers will be collectively honored for their essential contributions to the ABA’s worldwide rule of law programs. This group of committed individuals, from the United States and elsewhere, have contributed in excess of $200 million in pro bono technical legal assistance since 1990.
Past honorees of the Rule of Law Award include, among others, Supreme Court Justice Anthony M. Kennedy, former Chief Justice of the Supreme Court of the Philippines Hilario Davide, Jr., the Committee of Voters of Ukraine, President of Georgia Mikheil Saakashvili, Founder and President of The Humanitarian Law Center Natasa Kandic, Former President of The Czech Republic Vaclav Havel, and Former President of Romania Emil Constantinescu.
For more information, including how to purchase tickets and tables to the event, please visit the Rule of Law Initiative Luncheon website, www.abanet.org/rol/luncheon.html, or email <rol-luncheon@staff.abanet.org>.
Rule of Law Initiative Hires New Outreach Director, Andy Pino
The ABA Rule of Law Initiative hired Andy Pino as its new outreach director. Andy comes to the Rule of Law Initiative from Georgetown University, where he led outreach and media relations efforts for the university’s largest colleges and departments. Andy holds a B.S. in Foreign Service and an M.A. in Communication, Culture and Technology from Georgetown. You can reach Andy at apino@staff.abanet.org or 202-662-1979 with media inquiries, website issues and other outreach questions or concerns.
Global Corruption Report Features Papers by Two Rule of Law Initiative Alumni
Two members of the Rule of Law Initiative community have contributed to the Global Corruption Report 2007: Corruption in Judicial Systems, released by Transparency International on May 24, 2007. The report, over 300 pages in length, stresses that corruption poses a serious threat to judicial systems throughout the world, subverting the cornerstones of healthy justice systems: fairness, impartiality, equal rights, and access to impartial trial.
Mary Noel Pepys, a former legal specialist (liaison), Judicial Reform Index assessor, and long-time member of the CEELI Advisory Board, wrote the introduction to the report, entitled Corruption Within the Judiciary: Causes and Remedies. In her paper, Pepys identifies seven factors contributing to judicial corruption, detailing remedies to judicial corruption that can be employed regardless of the type of judicial system. The factors identified are:
- Undue influence by the executive and legislative branches
- Social tolerance of corruption
- Fear of retribution
- Low judicial and court staff salaries
- Poor training and lack of rewards for ethical behavior
- Collusion among judges
- Inadequately monitored administrative court procedures
Pepys outlines a number of anti-corruption remedies that fall within three broad categories 1) enhancing the independence of the judiciary, 2) introducing accountability mechanisms, 3) enhancing competency of external controls. Within these broad categories, Pepys points to a number of important specific anti-corruption measures, including: the systematic distribution of laws and amendments on a timely basis to all judges; the establishment of voluntary judicial associations; active bar associationsthat serve as “catalysts for change,” which can “defend the independence of judges and lobby government to provide the support necessary to ensure their effectiveness.”
Eric Frye, former Croatia Country Director for CEELI, also contributed to the report, co-authoring an article Enforcement of Anti-Corruption Laws: The Need for Performance Monitoring. The article focuses on the importance of data analysis in anti-corruption efforts, stating that “to ensure that anti-corruption laws are indeed being effectively enforced, governments need to begin monitoring the enforcement process. Enforcement data can help administrators discover trends and allocate limited resources based on actual enforcement activities and developments rather than on perceptions.” Frye, now a consultant at the World Bank, co-authored the report with Tiernan Mennen, also a World Bank consultant, and Richard Messick a senior public specialist in the World Bank’s Public Sector Governance Group.
To read the full contributions by Pepys and Frye, download the report from Transparency International’s website. The Rule of Law Initiative works closely with Transparency International in individual countries and at the headquarters level.
For more information, please contact the Rule of Law Initiative Outreach Department, at < rol@staff.abanet.org>.
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