International Development Law Organization

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.

Special Issue on Police, Law Enforcement and HIV

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.

Strengthening the legal response to HIV/AIDs

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.

Reforming the Somali Penal Code

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.

Resolving Electoral Disputes in Kenya

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. 

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Key Initiatives

  • 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 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.
  • 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.
  • 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.
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