Organisation Internationale de Droit du Développement
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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.

Constitutional Reform in Somalia

IDLO is working to support the endorsement of Somalia’s Provisional Constitution. In the first half of 2012, we helped produce a comparative analysis of the new draft Constitution, the Constitution of 1960 and the Transitional Federal Charter of 2004, with recommendations for changes where appropriate. The Provisional Constitution was adopted in 2012. The constitution-making process is set to continue until 2016, with the resulting document put to a public referendum.

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Key Initiatives

  • ​In June 2015, IDLO commenced the project: Researching the Impact of Land Tenure Registration on Land Disputes and Women’s Land Rights in Burundi. Land Tenure Registration (LTR) programs involve issuing proof of ownership to holders of land rights to increase their legal certainty. Such programs are undertaken for a variety of reasons. While much is known about the impact of LTR on factors like access to credit and agricultural output, there is a gap in knowledge of its impact on land disputes, particularly in post-conflict settings.
  • In Burundi, land tenure registration is the primary way for the government to deal with the large number of land disputes across the country. A series of pilot programs aimed at resolving land rights issues have been initiated in recent years. To date, however, it is unclear whether these pilot programs have had their intended effect of reducing the number of land disputes.
  • In 2010, the people of Kenya overwhelmingly voted in favor of a new Constitution, following a protracted struggle for constitutional reform spanning over two decades. Under the new Constitution, the elections of 2013 were the first in Kenya’s multiparty history with Electoral Dispute Resolution (EDR) processes in place. With these mechanisms, disputes can be resolved legally, peacefully and speedily – as opposed to resulting in violence or being allowed to drag through the courts. 
  • The protracted civil war and the weak state control over territory in Somalia has enabled new criminal activities to take hold, including illegal checkpoints, maritime piracy, cybercrimes, money laundering and counterfeiting, human trafficking, extortion, terrorist financing, and the smuggling of weapons and food over Somalia’s porous borders. The Somali Federal Ministry of Justice (MoJ) and national police are well aware of these newer forms of criminality plaguing Somalia, but are unable to effectively combat them.
  • It is well recognized that discrimination against people living with HIV and affected populations (such as injecting drug users and women in the sex industry) blocks HIV prevention efforts. Discrimination discourages HIV testing and can limit access to care and treatment services. IDLO is working to provide legal information and representation to HIV-affected and key populations in Benin. Through collaboration with local organizations, IDLO is building local capacity in Benin and strengthening the legal response to help those living with HIV assert their rights and address intolerance.
  • Rates of sexual and gender based violence (SGBV) remain high in Uganda due to cultural practices, continued internal displacement, and low capacity of the justice system. IDLO is working to advance accountability for SGBV crimes committed in times of or after armed conflict in Uganda. 
  • World leaders have committed to ending AIDS by 2030 as part of the Sustainable Development Goals, but stigma and discrimination remain significant obstacles. In particular, police are critical, front-line determinants of risk for many people living with HIV (PLHIV) and members of other key affected populations (KAPs). The negative impact of adverse police behaviors and practices on HIV risk is well documented, and these risks undermine global efforts to end AIDS. Far less well documented, and less common, are attempts to ameliorate this impact by working to change police behaviors.
  • The Programmatic Framework for the Indonesia-Netherlands Rule of Law Fund builds on Indonesian development plans and continues the efforts of the Embassy of the Kingdom of the Netherlands in Jakarta to support the consolidation of the rule of law and reform agenda. The primary objective of the Rule of Law Fund is to support the development of effective, accountable and inclusive justice sector institutions, ensuring equal access to justice in Indonesia.
  • Funding and spending patterns of the General Procuracy of the Kyrgyz Republic (GP) have remained relatively invariable since Kyrgyzstan became an independent state in 1991. Stagnant funding has had negative implications for the GP, and the Prosecutors’ Training Center (PTC) requires support to train and retrain prosecutors in accordance with changing Kyrgyz legislation and international human rights standards. Additionally, gender inequalities within the GP remain a significant challenge.
  • An effective prosecution service is critical to the provision of justice, stability and peace in Somalia. But the absence of a robust, independent and competent prosecutorial service has contributed to a climate of impunity, increasing the proliferation of both low-level and serious crimes, including terrorism, corruption and gender-based violence throughout Somalia.
  • Renforcement de la chaine pénale au nord du Mali. En 2016, l’IDLO a lancé un programme de cinq ans au Mali, financé par le Gouvernement des Pays-Bas : « Renforcement de la chaîne pénale au nord du Mali ».
  • As part of IDLO’s continuous commitment to accountability and results-based management, IDLO is pleased to share this Evaluation Brief (summarised evaluation report): “Thematic Evaluation of the International Development Law Organization's (IDLO) Support to the Kenyan Constitution Implementation Process with a Focus on Devol
  • Español​ | English: Mexico has made significant efforts to modernize its criminal justice system, specifically regarding public security and strengthening the rule of law. The current justice system, which entered into force in 2016, is based on the presumption of innocence and includes police professionalization as a public policy.
  • Kyrgyzstan’s new Criminal Code and Criminal Procedure Code are set to enter into force on January 1, 2019, with the aim of improving the system of law enforcement in the country. Specifically, the new Criminal Code seeks to reform criminal law, procedure and types of criminal punishment, promote the integration of the Code into security measures, institute probation, introduce mediation in criminal matters, and support new mechanisms and approaches for the social integration of persons convicted of criminal wrongdoing.
  • Indonesia has a high number of overlapping or contradictory laws and regulations. This results in ineffective administration, lengthy processes and obstacles for economic development. While the Government of Indonesia has taken certain measures to enhance regulatory reform, regulatory functions are currently scattered across several governmental institutions, creating a web of uncoordinated mandates. There is therefore a need for a central body or unit within the government that oversees regulations.
  • As part of IDLO’s continuous commitment to accountability and results-based management, IDLO is pleased to share this Mid-Term Evaluation Brief for the project, “Strengthening the Criminal Justice Chain in the North of Mali (SCJC)”. The evaluation has been conducted by independent evaluation experts, supervised by IDLO’s Evaluation Unit.
  • As part of IDLO’s continuous commitment to accountability and results-based management, IDLO is pleased to share this Evaluation Brief (summarised evaluation report): “Evaluation of the project "Supporting Justice Sector and Anti-Corruption Reforms in Ukraine - Phase 1”. The evaluation has been conducted by independent evaluation experts, supervised by IDLO’s Evaluation Unit.
  • Legal reform and institutional capacity building have been priorities for the Government of Mongolia since 2005, when a specific Government Agency for Fair Competition and Consumer Protection was established. However, the Government Agency for Fair Competition and Consumer Protection still has institutional weaknesses and has not always been able to effectively implement changes of the legal framework. ​
  • Justice within the context of commercial law is premised on the fact that an effective commercial justice system meets and facilitates the specialized needs of the business community and the private sector at large. However, there are persistent challenges related to the dispensation of commercial justice in Kenya.
  • Serbia has recently implemented several judicial reforms to modernize and improve the regulatory framework for mediation, such as the new Law on Mediation in 2014. By implementing the new legal framework on mediation, the number of registered mediators and of mediation cases in Serbia have both increased. However, the Supreme Court of Cassation still registers an excessive amount of backlogged cases.
  • Until recently, court processes in the Kyrgyz Republic have not been automated. Manual or paper systems still are required and are the norm although automating all processes has started very actively. According the country’s National Target Program for Development of the Judiciary, automated information systems need to be expanded and rolled out to the whole judicial system, not only within all first instance courts, but also second and third instance courts.
  • In recent years, the Kyrgyz Republic has adopted a new Criminal Code and reformed the Criminal Procedure Code with the stated aim to humanize the system of law enforcement in the country. The new Codes were developed by a group of dedicated technical experts that have subsequently supported the development of a training program aimed at building the capacity of all key stakeholders - judges, police, defense lawyers, and prosecutors - on the foundational understanding of the codes.
  • 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.
  • In recent years, Jordan has taken steps and demonstrated political will to reform the justice sector and promote mediation and alternative dispute resolution as means not only to reduce court congestion and shorten the litigation process, but also to guarantee transparent and fair trials. Despite the use of mediation for several years, interest in mediation faded, and it is no longer perceived as a reliable mechanism for dispute resolution. There is therefore a strong need to re-establish mediation as an effective dispute resolution mechanism in the country.
  • 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.
  • Although Myanmar is a Party to the Convention on the Rights of the Child, children in the country still suffer disproportionate risks of early marriage, sexual exploitation, trafficking, neglect and abuse. In order to address these challenges, in 2019, the parliament passed a new Child Rights Law which covers all aspects of a child’s life, including health, education, juvenile justice, children in armed conflict and alternative care arrangements. However, there is still a need to develop rules to guide the law’s implementation.
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