One of the reasons why I love California- technology, and progressiveness (well, most times...). From the Chronicle of Higher Education: (the WSJ article is also pretty interesting)

(Update: 14/11/2008  You can visit the SL Bar Association for upcoming CLE topics and speakers.)

California Bar Association Sanctions Legal Training in Virtual World

In a sign that virtual reality is becoming mainstream, a program in the virtual world Second Life, on the application of law in virtual worlds is counting for continuing legal education credit by the State Bar of California.

The blog, Legal Pad, states the four-part speaker series, which is sponsored by the Second Life Bar Association, began Tuesday with 25 avatars in attendance. The first session lasted two hours and included a discussion about copyright and trademark infringement.

The session went well except for a few glitches, the blog reports. “Some couldn’t log on, some couldn’t hear, and then there was the fashion crisis. Kate Fitz, the Sacramento County law librarian who was instrumental in getting accreditation for the program, said a glitch caused her ‘nice suit skirt’ to look like bike shorts.”

The Wall Street Journal also ran an article Thursday that says virtual worlds “have quietly slipped into the mainstream.”—Andrea L. Foster

Philippines Supreme Court Forum on Access to Justice 6/30- 7/2

I attended the Supreme Court of Philippines's forum Access to Justice from June 30 to July 1. Called "Forum on Increasing Access to Justice: Bridging Gaps and Removing Roadblocks", the Court received input from different stakeholders of the justice system, particularly the sectors that are most vulnerable, regarding their issues and concerns on access to justice, particularly through the judicial system, and recommendations on how the Court may address the same.

The Forum was held simultaneously through video conferencing in Manila, Cebu, and Cagayan de Oro. Materials from the conference can be accessed here: http://sc.judiciary.gov.ph/publications/A2JForum/index.php. I hope to have more personal analysis of the issues on hand soon!

Summary of the Report by UN Commission on Legal Empowerment

I mentioned in a recent post on The UN Commission on Legal Empowerment of the Poor that the commision has released its 110-page report called Making the Law Work for Everybody. I would like to provide a brief summary of the report, and some initial thoughts about it. 

Background:

Legal Empowerment Initiative was launched in 2005 by a group of developing and industrialized countries including Canada, Denmark, Egypt, Finland, Guatemala, Iceland, India, Norway, Sweden, South Africa, Tanzania and the United Kingdom, and has a mandate to complete its work in 2008, which it did so with great speed. The Commission is hosted by the United Nations Development Programme (UNDP) and consisted of a stellar cast inclusing 19 former or current Presidents, Madeleine Albright and Hernando do Soto (a Peruvian economist that some view as controversial). It aims to make legal protection and economic opportunity not the privilege of the few but the right of all. (If you have been folowoing this blog, you will know that I have been reporting on the Commission's major activities.)

Basis of Analysis

Unlike the dominant Rule of Law practices which focus overwhelmingly on top-down institutional reform, the Commission bases its analysis from the bottom-up angle of the poor. In particular, it considers the actual rights and legal issues that impact the poor. 

Findings:

• Four billion people worldwide are excluded from access to justice and the rule of law/legal protection and opportunities
• In some countries, over 70% of economic activities take place in the informal sector, without legal protection. They lack basic rights such as having a legal identity, property rights, legal employment and business rights. The importance and size of this sector has long been underestimated in the context of international development.
• The majority of those living their daily lives in the informal sector are women. 
• The Commission formed five working groups which examined these areas
• access to justice and the rule of law (how access to justice and the rule of law can be reformed in individual countries in order to ensure universal legislation that safeguards the poor)
• property rights (how property rights can be used as tools for fighting poverty)
• labor rights (how a minimum package of labour rights is required for workers) and 
• (small) business rights (how the poor involved in economic activities can be given both protection and opportunities through laws and regulations)
• These are the four 'pillars' that form the foundation for legal empowerment of the poor. Specifically they are:
• an enabling framework for access of justice and rule of law (beginning first with legal identity)
• property rights (especially land-related)
• labor rights
• small business rights
• Relationship between these four pillars: There is a connection between the right to safe and protected work, the right to do business within the bounds of the law, and property rights. These are three pillars that must be put in place through a process of legal empowerment reforms in which everyone is given access to justice and the rule of law, beginning with legal identity of each person. 

• Some specific recommendations to these pillars are: 
• focusing at the local level 
• access to services at the local level
• affordable legal aid
• ensuring quick and simple property registration procedures
• basic rights for people in the informal sector. 
• property rights should be safeguarded
• property rights can be used creatively; ie collective rights should be used as a tool for providing the poor with access to technology and financial services. 
• the various rights are interrelated
• Recommendations on Implementation:
• Legitimize implementation on overarching frameworks such as the Universal Declaration of Human Rights and other legal covenants, which already bound governments who have ratified them
• Analysis based on each contextual situation is needed (including the current policy environment), and timing must be right
• Start with change and some (not all) areas, grow in increments
• Manage stakeholders, mobilize allies: Form networks of pro-poor change involving leaders across society, especially among 'policy champions' 
• Learn from lessons learned by other countries, remain flexible
• International efforts, including collaboration and creating of legal instruments

My initial response:

• There is inherent benefit in propelling this issue to the global agenda through these high-level UN Commissions;
• Whatever the details, the angle of bottom-up legal empowerment offers a complimentary (and maybe even alternative) to the practice of law and development via the current Rule of Law paradigm. 
• It is certainly a more compelling idea, tied in with the concept of freedom/rights, the MGDs, and being people-centered. 
• My worry about the focus on the four pillars is that other important legal issues might be excluded in certain situations- such as rights against violence. Moreover, many other systemic factors need to be taken into account, and are usually the causes of poverty (not the lack of legal empowerment). 
• My worry too, is isolating legal empowerment as a 'sector' or 'program' at the risk of the lack of integration with other sectors of development- legal rights, like 'eduction' or 'technology;  should cut across all sectors. 
• While there is some acknowledgement of the roles of NGOs and civil society, their important role in implementation seems to be overshadowed by that of national governments and international organizations. 

WSIS (World Summit on Information Society) progress?

Three years after WSIS ended, it is hardly mentioned in development circles anymore. I remember the hype surrounding WSIS when it was happening, when ICT was the new kid on the block.  Last month, the Commission of Science and Technology for Development (the Commision charged with monitoring the implementation of WSIS as well), convened in Geneva and issued a draft resolution on WSIS implementation. The following summary is adapted from UNCTAD's website.

UN Report on Legal Empowerment of the Poor launched

The UN Commission on Legal Empowerment of the Poor has released its report called Making the Law Work for Everybody- you can view and download a copy by clicking that link. The video of the official launch of this report on June 3rd can be viewed here. 


I was a part of the consultative process, which was typically fraught with disagreements and debates, often over the smallest details. So I am also aware that, like all UN events, resulting publications are necessarily broad and high level to achieve some level of consensus. In a few weeks I hope to provide a brief summary and critique of the report. Safe to say now that, no matter what the substance, I am happy that this has been propelled onto the international agenda. 


(update 7/9/09: My summary and initial response to the report is posted here) 

First (?) book on the 'new' Legal Empowerment? Access to Justice and Legal Empowerment (Meene and Rooij, 2008)

I just came across this title via an announcement email, but haven't had a chance to view or buy the book. In light of all the recent high level activity surrounding the Legal Empowerment of the Poor, it will be interesting to see what this book has to offer. Here is the official announcement:


Access to Justice and Legal Empowerment By Ineke Van De Meene, Benjamin Van Rooij:



This volume answers a number of basic questions about this new trend in legal development cooperation: reforms to improve poor people's access to justice and to promote their legal empowerment. How law can aid development has been the focus of much recent discussion among development workers, scholars and policy makers. Indeed, reforms to improve poor people's access to justice and to promote their legal empowerment comprise the latest trend in legal development cooperation. This volume answers a number of basic questions about this new trend, such as access to justice and legal empowerment entail and its importance; the obstacles the poor and marginalised face in seeking justice and empowerment through the legal system; and the reforms proposed by these approaches to legal development co-operation. Furthermore, it outlines important considerations for policymakers concerning access to justice and legal empowerment reforms.


Ineke van de Meene is member of the Van Vollenhoven Institute for Law, Governance and Development of Leiden University. Benjamin van Rooij is senior lecturer in law, governance and development at the Van Vollenhoven Institute, Faculty of Law, and Department of Chinese Languages and Cultures, Faculty of Arts, Leiden University.

Asian Development Bank's Law and Policy Reform Department

Given my previous post on ADB's special issue on Access to Justice, I was curious about what prominence, if any, it has given to Access to Justice programming. While the World  Bank has a 'Justice for the Poor' program (which I assume is rather alternative given the Bank's usual 'top-down' approach), the Asian Development Bank (ABD)'s topic for law is still designated rather traditionally as 'Law and Policy Reform'.  It is interesting to me where law and development programs fit organizationally- it tells me a lot about what the organization thinks of that program philosophically. What strikes me, even more than other topics, is that the law and development field is conceptualized and  practiced very differently from organization to organization. At some point, I hope to find (or create?) a matrix showing the differences between the major aid agencies, but for now, take a look at how ABD views its law and development work (UPDATE: note that legal empowerment is a subset of its 'law and policy' reform work, post 2009):

From ABD's Law and Reform FAQ web page (UPDATED 7/11/10):

Law and Policy Reform
Frequently Asked Questions

---

• What is law and policy reform (LPR)?
• Why is ADB engaged in law and policy reform?
• What are ADB’s law and policy reform activities?
• Does law and policy reform reduce poverty?
• What does law and policy reform do to fight corruption?
• Is law and policy reform concerned with basic rights?
• How can I obtain ADB support for law and policy reform initiatives?

---

What is law and policy reform (LPR)?

“Law and policy reform” is the term used by ADB to refer to reform initiatives aimed at addressing institutional and structural impediments to fighting poverty. Such initiatives target laws, policies, and institutions that can either promote or hinder economic, social, and human development. They aim to promote good governance, establish rule of law, create a legal and policy environment that fosters sustainable economic growth, and protect basic rights and freedoms.

Why is ADB engaged in law and policy reform?

ADB’s LPR work focuses on creating a legal environment that fosters economic growth– one that establishes rule of law and resolves disputes relating to contractual or property rights. ADB believes that rule of law is also necessary to enable individual, social, and economic development.  ADB’s Poverty Reduction Strategy has redefined poverty as being beyond the mere lack of material resources, extending to lack of power and choice. Without addressing policies and institutions that exclude the poor and vulnerable from partaking of the benefits of economic development, poverty will continue to exist.

What are ADB’s law and policy reform activities?

ADB’s law and policy reform activities have included the following:

• legislative and institutional reforms
• promotion of transparency and the right to information
• training of lawyers, judges, prosecutors, and other government officials
• capacity building to undertake legal and justice sector reforms

ADB is involved in the following strategic areas of law and policy reform:

access to justice anti-money laundering competition law cross-border insolvency financial sector reform gender and the law justice sector reform (reforms in the judiciary; prosecutorial service; police service; and other institutions engaged in the delivery of justice)

labor and human resource law land registration and land tenure issues legal aspects of regional integration legal empowerment legal identity and social inclusion secured transactions trade and globalization

Does law and policy reform reduce poverty?

Economic growth needs to be supported b a good legal system. The Peruvian economist Hernando de Soto has suggested that, in the absence of legal reforms, it could take several hundred years for developing countries to catch up with the rest of the world. Furthermore, growth will only benefit all people when everyone is legally empowered. Legal empowerment gives the poor a better ability to play an informed role in decisions that affect their lives.

ADB’s Poverty Reduction Strategy is underpinned by three pillars: pro-poor sustainable growth, social development, and good governance. Each of these pillars is embedded in legal concepts. Reform of legal frameworks have much to do with ADB’s effectiveness in carrying out its mandate under the Poverty Reduction Strategy.

What does law and policy reform do to fight corruption?

Law and policy reforms are essential to anticorruption efforts. They increase public institutions’ accountability, set up independent and impartial anticorruption agencies, and build the capacity of relevant government offices and regional agencies to detect and fight corruption. An example of law and policy reform efforts targeting corruption are anticorruption components in ADB’s assistance to developing member countries affected by the 2005 tsunamis.

Law and policy reform efforts combating anticorruption promote the principles elucidated in ADB’s Anticorruption Policy.

Is law and policy reform concerned with basic rights?

Numerous ADB policies and strategies, while not always using human rights language, contain principles of human rights. For example, the Social Protection Strategy explicitly refers to core labor standards. Law and policy reform activities that promote these ADB policies and strategies support the protection of basic rights.

How can I obtain ADB support for law and policy reform initiatives?

Developing member countries (DMCs) that wish to obtain ADB support for law and policy reform initiatives should include support for law and policy reform initiatives in the Country Partnership Strategy (CPS, formerly the Country Strategy and Program) developed in conjunction with DMC government officials and  ADB staff and based on policy dialogues.

Technical assistance grants and project loans can be accessed for regional or subregional law and policy reform initiatives. DMCs that wish to obtain such support may propose the inclusion of regional law and policy reform initiatives in the Regional Cooperation Strategies and Programs (RCSPs) that ADB prepares for each of the five subregions covered by ADB’s regional departments.

Read more about ADB's program on their website. 

Microjustice Initiative Launched

I have posted previously about the cutting edge and entrepreneurial 'microjustice' concept. Earlier this year, ILA (International Legal Alliances, which spearheaded micorjustice under founder Patricia van Nispen), launched a pilot in Bolivia. The aim is to develop methodologies and show proof-of-concept. It also aims to develop manuals, policies and other tools that can be adapted in other countries. (Update: Microjustice Bolivia now has a web presence at www.microjusticiabolivia.org.)

In light of the recent momentum gaining around the UN's MDGs (Millennium Development Goals) and the related concept of  'legal empowerment of the poor' (which I am following and is a Category of this blog), Microjuctice fits nicely as a subset of a subset. It seems that there is more and more frustration with the typical 'court/legal' reform project, and we are looking for alternative solutions. Microjustice not only is alternative, it is incredibly innovative . It does not seem to purport to 'save the world', just to address a gap that ILA thinks is missing in the law and development sector. Compared to the bigger players in the field, I like and respect this humble approach. At this stage, ILA makes no claim other than "This seems to be a possible alternative solution, and here are the supporting reasons so you know we're not just riding on fads. So let's try it out. If it works, let's adapt it!'. Very smooth.