Featured Story

Africa Programs Expand; New Office to Open in Ethiopia

Andrew McPherson and Senayit Mesfin, both in the Africa Division, will work closely on the Ethiopia program in its initial phases.

USAID recently committed $2.7 million over three years to launch a new ABA ROLI project in Ethiopia.  The project will focus on judicial reform, legal education reform, and potentially election-related training.

Although Ethiopia has many highly trained judges, lawyers and law professors, there are many more who lack sufficient training, including on fundamental issues such as the separation of powers and the critical importance of judicial independence. In the judicial sector in particular, there is a need for a more intensive training program, since many judges assume their duties shortly after graduating from law school.  In the next three years, ABA ROLI will be working with five judicial training centers throughout the country to enhance the professionalism of both new and experienced judges.

ABA ROLI’s program in Ethiopia is part of the organization’s growing presence in sub-Saharan Africa. In addition to its office in Addis Ababa, Ethiopia, new offices are also set to open in Cameroon and the Democratic Republic of the Congo, which will focus on anti-trafficking and gender based violence, respectively.  In Kenya, ABA ROLI will begin a 3-month anti-trafficking program, and in Nigeria, the successful anti-trafficking program has recently received additional funding to expand its work.  Finally, ROLI implements its largest program in Liberia, and it, too, is poised to expand in the coming months.

For more information, please contact Program Officer Andrew McPherson, mcphersa@staff.abanet.org.

Latin America and the Caribbean

During the first two weeks of October 2007, the ABA Rule of Law Initiative’s Latin America and Caribbean Division is holding trainings for prosecutors, police, and judges in four cities in Ecuador.  The trainings include a mock trial emphasizing the necessity of close collaboration between police and prosecutors in building a successful case and the independence of the judiciary.  These two key elements of adversarial criminal justice systems have not been part of the traditional approach to cases in Ecuador.

This is a follow-up training to one that introduced the accusatory criminal justice system to the same groups of trainees over the summer.  Ecuador has reformed its criminal justice system to one that is similar to the Anglo-American system, but the transition away from the traditional system has sometimes sown confusion. 

Under the previous system, judges took the lead in investigating criminal matters and prosecutors frequently waited for judges to take the lead.  Judges were often seen as too close to cases and therefore biased players in the process.  For this reason, judges often do not command the same respect—and prosecutors do not have the same independence to act—that they would in an adversarial system. 

The mock trial includes detailed discussion of case preparation, so that the police and prosecutors thoroughly understand how they need to work together to build a solid case under the new system.  The independence of judges from the police investigations is also emphasized.  The trainings will also demonstrate that judges only begin to play a key and independent role when they rule on evidence and witnesses and other pieces of a case that prosecutors put together. 

ABA ROLI is conducting the trainings in four cities throughout the country, ensuring that a wide group of Ecuadorian legal professionals are receiving the training.  The final stage of the training will take place in January of 2008. 

For more information about these trainings or about Ecuador Criminal Justice project, please contact Charles Caruso at carusoch@staff.abanet.org.

Europe and Eurasia

ABA ROLI Sponsors International Right to Know Day in Serbia

A Serbian cartoon depicting the theme of Right to Know Day. In English, it reads, “Enough of this. I have the right to know

Enough of this! I have the right to know.”  This was the theme of the 2nd Annual International Right to Know Day event held at the SAVA Center on September 28, 2007 in Belgrade, Serbia.  For the second year in a row, the ABA Rule of Law Initiative joined forces with Serbia’s Public Information Commissioner to sponsor this worldwide celebration that aims to promote the fundamental right of the public access to government information. 

ABA ROLI’s Liason in Serbia Stuart Brooks opened the ceremony, which included comments by the Public Information Commissioner and other distinguished guests. The commemoration of International Right to Know Day seeks to highlight the need for government accountability to its citizens and to encourage transparent environments that prevent corruption.

This year’s celebration in Serbia honored the network of Commercial Courts of Serbia as the state institution that showed the strongest commitment to complying with and implementing Serbia’s Freedom of Information law (FOIA).  The Municipality of Smederevo and the Ministry of Public Administration and Local Self-Government also received Honorable Mention certificates.
The Belgrade ceremony was simultaneously broadcast through direct video link in the Media Center in Nis, Serbia.  Volunteers in Nis, Novi Sad, and Belgrade distributed FOIA leaflets, t-shirts and guides to Serbian citizens.

Since Serbia’s FOIA law was adopted in 2004, ABA ROLI has promoted the law through International Right to Know Day and by conducting a public outreach program to train representatives of the judiciary, the prosecution, media, and non-governmental organizations on how to use the law.

For more information, please contact Laura Berger <lberger@staff.abanet.org>, Program Officer for Kosovo/Serbia.

Survey Shows Boost in Legal Literacy Following Kosovo PSA Campaign

Justice Kid, pictured above, appears in all three cartoons.

A recent survey conducted throughout Kosovo revealed that public service announcements (PSA) produced by ABA ROLI are having a tremendous impact across the country.  Of the individuals surveyed, nearly 60% saw the PSAs, which dealt with the importance of integrity in legal systems and the judiciary.  KUMT Consulting, the company conducting the research, also found that the PSAs made a majority of respondents more aware of their rights, and it taught them how to file complaints against judges and lawyers.

In addition to the impact research, the Judicial Inspection Unit (JIU), the Kosovo agency in charge of investigating allegations of misconduct by judges and prosecutors, also reported a marked increase in the number of complaints filed with the agency for the quarter between April 2007 and July 2007.  

In April 2007, the ABA Rule of Law Initiative launched three PSAs and three animated cartoons promoting the rule of law, human rights and gender equality.  The PSAs were intended to improve the level of legal literacy in the country. The spots broadcast regularly on national and regional television stations throughout Kosovo, and were produced by ABA ROLI with USAID funding, and its partners, the Kosovo Chamber of Advocates (KCA) and the Kosovo Judges Association (KJA).  ABA ROLI negotiated free air time for these spots, and Kosovo’s national and regional stations agreed to broadcast the spots without any fees, greatly reducing the cost of the program.

According to the KUMT Consulting study, the rate of return for the PSAs was “very high.” In their experience, other more expensive PSAs have typically had a viewership rate of only 10%.

For more information, contact Laura Rakovica, lrakovica@ceelikosovo.org

Lebanon Moot Court Competition Builds Law Students’ Practical Skills

Organizers and participants in the ABA ROLI moot court competition held at La Sagesse University.

As part of the Human Rights Clinical Legal Education project with La Sagesse University Faculty of Law in Beirut, the ABA Rule of Law Initiative held a moot court competition for twelve fourth-year law students on August 30 and 31, 2007. Students were selected to take part in the competition based on their academic performance in a final-year International Humanitarian Law course and in a legal writing and advocacy skills workshop conducted by ABA ROLI and hosted by La Sagesse University in April, 2007.

The ABA Rule of Law Initiative partners with La Sagesse University Law Faculty to develop the clinical program as a way to introduce practical skills and international human rights training into the law school curriculum.  It is the first program of its kind in Lebanon, and one of only a few in the Middle East and North Africa.  As part of that program, the competition simulated a real courtroom experience, building the students’ practical skills as future lawyers, and preparing students for regional and international moot court competitions.

Students acted either as prosecutor or defense counsel for a fictitious defendant in a simulated International Criminal Court proceeding involving violations of the Rome Statute.  Each team of two students had approximately 45 minutes to present their arguments, which were evaluated by a panel of judges including: the Dean of the Faculty of Law, Maroun Boustany; Judge Hatem Madi, Deputy Attorney General; Judge Marleine El Jorr, Appellate Court Judge; Dr Nidal Jurdi, UNOCHR National Officer for Human Rights and; Mr. Karim Mufti, expert in International Humanitarian Law.

Students were awarded prizes for first place (Tony Ayrouth and Tina Nasrallah), best orator (Abdel Aziz Saad), special mention (Wassim Zeineddine), and best teamwork (Vanessa Breidy).

For more information, contact Nicole Jacobs, njacobs@staff.abanet.org.

ABA ROLI Holds Groundbreaking Shari'a Court Workshop in Bahrain

From September 4 to 11, 2007, the ABA Rule of Law Initiative and Judicial and Legal Studies Institute (JLSI) of the Kingdom of Bahrain jointly organized a workshop on “Procedures Before Shari’a Courts.” 21 Bahraini judges represented all levels of the Shari’a Court—Appeals, High, and Summary Courts—participated in the workshop.

The workshop was the first of its kind in Bahrain focusing on capacity building for Shari’a court judges.  It will be followed by a series of programs that will identify and address practical problems in civil, criminal, and Shari’a courts.

The workshop addressed a wide range of topics including the jurisdiction of Shari’a courts, standing and service procedures, and decision drafting.  Local experts conducted the workshop with the goal of representing different courts of Bahrain; including the Supreme Court, Appeal Court, and Shari’a Court system.

Each instructor prepared comprehensive and practical materials including actual cases and judgments for group discussion.  The lively and candid seminars revealed that among the most common judicial criticisms were those regarding the Judicial Inspection report.

Based on the findings of the workshop participants, the JLSI will undertake a number of initiatives, including creating and publishing training materials on the JLSI website, organizing a workshop for lawyers and other court administration staff to identify the main practical procedural problems in relation to the Shari’a judiciary, and presenting a report to the Ministry of Justice to study legislative suggestions relating to the procedures law before the Shari’a Courts.

For more information, contact Duncan Burrell, dburrell@staff.abanet.org.

Asia

ABA ROLI Strengthens Ties with Nepalese Lawyers, Advocates

Mr. Indra Prasad Lohani (center) examines the plight of the Maoists after their break from the seven-party coalition in September. (Not pictured: Mr. Shree Krishna Bhattarai, Under Secretary of the Nepal Supreme Court)

During a recent trip to Washington, D.C., a group of Nepalese law professors and advocates met with representatives of ABA ROLI’s Asia Division.  They came to discuss a critical and increasingly challenging moment for Nepal’s future—the election for the committee to rewrite Nepals’s constitution.

“Every community is demanding their rights,” Mr. Lohani, Secretary General of the Supreme Court Bar Association, explained, “and the government is just overwhelmed.”

His colleague Mr. Paudel from the Ministry of Women, Children and Social Welfare, added, “We are trying hard to convince the Maoists that they should [cooperate] in the elections process.”

The Nepalese delegation met with ABA ROLI staff as part of their three-week program sponsored by the U.S. Department of State introducing them to the American judicial system, the U.S. constitution, and the rule of law in a democratic society. The group traveled to various regions with different ethnic populations to discuss paths toward egalitarian judicial systems in their own country.

Their trip also included discussions about gender issues.  Sneha Barot, Acting Director of the Asia Division, shared her past experience as a women’s rights lawyer with Professors Dhami and Bhetuwal, both of whom teach feminist jurisprudence at Kathmandu School of Law. The trio recognized a significant opportunity to work on gender issues in Nepal, where despite the existence of female suffrage, there remain few instances of women going to vote. “Is this written in the law? No. But it’s in the society,” Bhetuwal commented.

Mr. Lohani, who also hosts an influential political affairs television show on Nepal’s Kantipur Television, was very grateful for the chance to meet.  “We have a long, long way to go with American Bar Association,” Lohani stated.  “This is only the beginning.”

The Rule of Law Initiative has a civic education project in Nepal titled “Building Grassroots Support for Democratic and Legal Reform in Nepal.”  This project aims to foster the development of the rule of law in Nepal through increased public support of the reform and peace process. For more information, click here or contact Stephanie Le <les@staff.abanet.org>, Program and Finance Associate for Cambodia, Nepal and Vietnam.

ABA ROLI Launches Cambodia’s First Legal Ethics Class

Participants in the Initiative’s U.S.–China Environmental Exchange Project meet with U.S. EPA officials in Washington, DC before beginning month-long periods of residency at American federal and state environmental protection agencies and NGOs in June and July 2007.

SSteven Austermiller, ABA ROLI’s Legal Education Advisor in Cambodia, recently completed implementation of the first ethics class ever taught at a Cambodian law school.  With the assistance of Cambodian law professor Youk Bunna, ABA ROLI sponsored the pilot Ethics Class at the Royal University of the Law and Economics (RULE) in Phnom Penh.
The curriculum for the class included a philosophical grounding for ethics; confidentiality; conflicts of interest; competence; control of misconduct; judicial and prosecutorial ethics—all conducted in Khmer.

The class consisted of highly interactive material that required students to participate throughout the class. Interactive teaching methods include the Socratic method, role-playing, moot court and mock trial activities, which, along with clinics, helped the students appreciate the importance of advocating vigorously on behalf of individual clients’ fundamental rights, such as the right to a fair trial. Increasing the use of interactive methods has been a success not just in Asia but throughout the five regions in which ABA ROLI operates.

Over 70 RULE students applied and interviewed for the 16 class slots. These students were selected based on their academic performance, their stated interest on the written application, and an interview.  During the interview, Austermiller’s team asked applicants why they were interested and what they wanted to get out of the class.  “This was important since we wanted both highly-qualified and highly-motivated students who were interested in ethics,” Austermiller clarified. He estimates that of the 5,000 students at RULE, approximately 25 to 35 percent are women, while nearly 50 percent of students admitted to the ethics class are female.

The ethics class was run from May through July.  In September 2007, the students attended a certificate ceremony where Austermiller and the RULE Rector presented speeches and handed out certificates. ABA ROLI plans to expand the class in the upcoming academic year, and hopes to gain official accreditation—which would mean mostly permanent funding for the class—in the next two years.

This class is a continuation of the Initiative’s assistance in the area of ethics. Through the Legal Education Reform programs, the organization recognizes that changing the mindset of future members of the legal profession is one of the surest ways to usher in lasting legal reforms.  Previously, ABA ROLI assisted in the development of Cambodia’s first Code of Ethics for the judiciary by providing expert international analysis on the draft code and sponsoring an international conference to present the results.  Some of the suggestions were incorporated into Code, which was adopted in February 2007.

For more information, please contact Steven Austermiller, <austermiller@ewmi-praj.org> Cambodia Legal Education Advisor.

People in the News

Rob Leventhal Departs for State Department; New Hires Join Staff

Rob Leventhal, Director of the Europe and Eurasia Division of the ABA Rule of Law Initiative (ABA ROLI), leaves his post after more than six years of contributions to the region’s rule of law and criminal law technical assistance and anti-corruption programs. His next position will be with the U.S. Department of State Bureau for International Narcotics and Law Enforcement Affairs.

Reflecting on his time at ABA ROLI, Leventhal noted how many lasting professional and personal relationships he has made, stating that “It’s been a real privilege to work with so many experienced and committed professionals, both in Washington, D.C. and in our overseas offices.” 

When asked about a recent development of which he was particularly proud, Leventhal cited the creation of the Bulgarian Institute for Legal Initiatives (BILI), an NGO that ROLI helped establish toward the end of its 15-year presence in Bulgaria.  BILI, which is largely run by former ROLI staff, continues to provide technical legal assistance to the Bulgarian legal community and is a model for other countries where ROLI expects to graduate its programs in the coming years. 

 As Mr. Leventhal bids ABA ROLI farewell, several new hires join the team in different capacities. Tamara Senikidze comes to ABA ROLI as Program Associate for Georgia and Azerbaijan. Originally from the Republic of Georgia and Tajikistan, Ms. Senikidze received a B.A. in Criminal Justice from Edinboro University of Pennsylvania and an M.A. from Johns Hopkins University School of Advanced International Studies (SAIS) with a concentration in International Law and International economics. She spent the first years of her graduate study in Bologna, Italy, and has experience with non-profit and governmental organizations both overseas and in the United States.

Marjan Horst Ehsassi also joined the ABA ROLI in September 2007 as Senior Program Manager for Algeria, Bahrain, Lebanon, Morocco, and Oman. Previously, Marjan was a consultant for the World Bank Social and Economic Development Group, where she assisted with the preparation of a Report on Female Entrepreneurship in the Middle East and North Africa. Prior to the World Bank, she founded and served as the Executive Director for the National Iranian American Council in Washington, DC. Marjan has experience as a Litigation Associate in New York City for three years where she represented plaintiffs in pro bono civil liberties cases. She holds a L.L.B. from McGill University Faculty of Law and a B.A. in International Relations from University of Toronto. She is a native speaker of English, French and Farsi.

Research Log

ABA ROLI Addresses International Association of Prosecutors Conference

Mary Adele Greer, Senior Advisor for the ABA ROLI Criminal Law Program, presented a paper at the 12th Annual Conference of the International Association of Prosecutors in Hong Kong on September 16, 2007.   Ms. Greer joined panelists representing the Prosecutorial Inspectorates from the UK and France in a session discussing performance measurements and assessments of prosecution services.  Her paper, titled:  Road Maps for Reform: the Effective Use of Assessment Methodology in Emerging Criminal Justice Systems focused on the drafting and implementation of methodology contained within ABA ROLI’s Prosecutorial Reform Index (PRI) to assess the progress of developing prosecutorial systems.

The theme of the IAP Annual Conference, attended by over 400 prosecutors from over 100 jurisdictions globally, was “Relations with Others: Accountability, Transparency and Independence.” Representatives from the International Criminal Court; the UN International Independent Investigation Commission; The Open Society Justice Initiative;  The National Center for State Courts, International; the Office of Overseas Prosecutorial Development, Assistance and  Training of the U.S. Department of Justice (DOJ-OPDAT); the U.S. Department of Defense; and the U.S.-based National District Attorney’s Association met in Hong Kong for the conference.  The International Association of Prosecutors (IAP) was established in June 1995 at the United Nations Offices in Vienna and was formally inaugurated in Budapest at its first General Meeting in September 1996. The IAP is a non-governmental and non-political organization. It is the first and only world association of prosecutors. The Association has 120 organizational members—associations of prosecutors, prosecuting agencies and crime prevention agencies—and together with its individual membership it represents over 200,000 prosecutors in over 130 countries. 

View a copy of Ms Greer’s paper Road Maps for Reform: the Effective Use of Assessment Methodology in Emerging Criminal Justice Systems.

For more information about the Prosecutorial Reform Index, contact Ms Greer at MGreer@staff.abanet.org, or Simon Conte, Director of Research and Program Development, at SConte@staff.abanet.org.