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Legal Reform

To reform laws is to reform societies. At IDLO, this is something that we have had thirty years to learn. And there are no more important laws than fundamental laws – national Constitutions. One of greatest, the Constitution of the United States of America, has served that nation well for nearly a quarter of a millennium. Constitutions encapsulate a vision. In countries struggling to overcome trauma, as is the case of Kenya; struggling to be reborn, as in Somalia; or struggling to be born at all, as in South Sudan, Constitutions respond to a collective need for unity and renewal.

But Constitutions are also highly technical documents. They set the parameters for law and justice in a given jurisdiction. For this reason, they require legal resources and expertise unavailable in many developing nations. By providing those resources and expertise, IDLO is proud to have assisted several countries through complex constitutional processes.

A Common Law Curriculum in South Sudan

As a long-term partner of the College of Law at the University of Juba, IDLO helped align the teaching system with South Sudan's new legal context and regional standards. With the majority of its justice sector professionals educated in Islamic/civil law, South Sudan faces the dual task of increasing its overall population of qualified legal professionals and simultaneously retraining practicing lawyers and prosecutors.

Towards a Constitution for South Sudan

The National Constitutional Review Commission of South Sudan continues to consult with stakeholders and the public on the development of a Permanent Constitution for South Sudan. In the past, IDLO supported the National Constitutional Review Commission by providing technical expertise in particular aspects of the Constitution’s structure and substance. IDLO provided ongoing secretarial support to the coordination of the Commission’s activities.

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Key Initiatives

  • In 2018, Jordan introduced a new insolvency law to support the recovery of distressed but viable businesses. The law and its by-laws outline insolvency procedures and the relevant regulatory bodies, covering economic activities by traders and companies. In collaboration with the European Bank for Reconstruction and Development, IDLO is assisting the Judicial Council and Judicial Institute of Jordan in developing training materials to be used in blended learning modules to enhance judges' capacity to manage insolvency cases under the new law.
  • The continued challenges Mongolia faces in implementing its anti-corruption reforms demonstrate a clear need for improvement in the immediate detection of corruption cases and stronger international cooperation and mutual legal assistance in corruption-related criminal matters.
  • Corruption is a complex social, political and economic problem which undermines democracy, human rights and governance by weakening state institutions, eroding public confidence and hindering the pathway towards sustainable development. The 2019 Transparency International Global Corruption Barometer found that 80% of citizens of the Bahamas considered corruption in government to be an important issue.
  • In partnership with the European Bank for Reconstruction and Development, IDLO successfully concluded a project in 2023 to promote commercial mediation in Jordan. Through awareness-raising, legal framework evaluation and the creation of a National Action Plan, the project advocated for the establishment of mediation as an effective dispute resolution method.
  • Indonesia's Attorney-General’s Office (AGO) has identified differences between its methods for measuring the budget it needs to handle cases and the methods used by other bodies, including the Ministry of Finance, the National Planning and Development Agency and the State Audit Board. If the AGO's initial budget needs are not assessed correctly, this could potentially lead to a misjudgment of its budget allocation, its burn rate and expenditure, and its budget performance.
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