ILAC COUNCIL

Conference Call, 10 October 2006, 12.00 GMT

1. Introduction and roll call

Participants:

Paul Hoddinott

Christian Ahlund

Lalit Bhasin Bar Association of India

Juan Bennazar-Zequiera IABA

Guiseppe Bisconti FIDIAM

Jan Borgen Norwegian Bar Association

Jean-Louis Collart AIJA

Sandy D´Alemberte ABA

Mark Ellis IBA

Richard Goldstone

Barry Hancock IAP

Jacques Leroy UIA

Siobhan Lloyd OCCBA

Christian Lundgren AIJA

Anne Ramberg Swedish Bar Association and CCBE

Rolf Ring Raoul Wallenberg Institute

Nick Stewart UIA

Annika Lindgren

2. Membership – representation and additions

a) New organisational representatives

AIJA – Jean-Louis Collart (head of the AIJA Human Rights Commission and AIJA´s ILAC contact) and Christian Lundgren (new President of AIJA).

Paul introduced and welcomed the new representatives of AIJA to ILAC and the Council.

b) Information about ALRI, organisational member of ILAC and the Council

Paul informed that ALRI has decided to terminate its activities, dissolve itself as an organisation and withdraw from ILAC. The Council expressed its strong appreciation over the important contribution by ALRI and Marcus Einfeld to ILAC´s creation and continued work.

c) Candidate for organisational membership:

Christian presented the candidates and their background;

·  American Judicature Society (AJS)

·  Human Rights Network International (HRNI) and

·  International Criminal Law Services (ICLS).

Christian informed that the ILAC Executive Committee, at its meeting 9 September 2006, had decided to recommend Council to admit these organisations as members.

Council unanimously decided to admit American Judicature Society, Human Rights Network International and International Criminal Law Services as new members of ILAC.

3. Ongoing Projects

a) Iraq

Paul informed about the process of wrapping up the programme funded by DFID and about the new programme together with United Nations Office on Drugs and Crime-Terrorism Prevention Branch (UNODC-TPB) and IBA.

Eighty percent of the programme financed by DFID has now been concluded and the approximately £100000 that was left of the funding, has been returned. The last step in the program is DFID´s review process. A review team has met with ILAC, IBA and others involved in the programme. Paul has seen a draft of the report and is concerned about the conclusions. The report observes that one of the main objectives in the original project document was to improve the quality of justice in Iraq. The report finds that in the current situation in Iraq this objective has not been accomplished. Therefore, according to the report, the programme has not fully attained what it set out to do. IBA and ILAC object to this conclusion, since it is obvious that the deterioration in the judicial system is due to factors entirely outside the scope and control of this programme. ILAC intends to present its objections over the review to DFID.

The second issue related to Iraq is the project with UNODC-TPB concerning the international legal anti-terrorism framework. Paul briefly described the background of the project and how ILAC was approached by UNODC which needed ILAC’s help in contacting the Iraqi legal establishment, asking for their interest in participating. Through the Iraqi Chief Justice, Paul received a positive answer.

After discussions between ILAC, IBA and UNODC, the agenda and curricula for a training program of Iraqi jurists are now agreed upon. Logistically, the programme will be similar to earlier IBA training projects in Dubai. The first course is scheduled to take place 1-8 December and is planned for forty persons, both judges and high-ranking civil servants. Funding for this training is provided by UNODC-TPB.

b) Liberia

In Rodger’s absence, Christian updated Council on the following developments:

Money from the World Bank grant has now been transferred to ILAC´s bank account.

The Norwegian Bar has been visiting Liberia and Ghana, and together with Rodger they met all prominent local officials in the justice sector. They have now presented a first draft of MOU, which will serve as an agreement between ILAC, the Norwegian Bar, the Liberian Bar and the Ghanaian Bar.

IBA has indicated that they are prepared to undertake a training programme of judges and prosecutors, with funding from the WB grant.

Swedish Sida has expressed a clear interest in supporting a gender justice programme, including the Female Lawyers Association (AFELL), and wants ILAC to submit an application before the end of the year. Rodger, Shelby and Agneta will follow up on this during their present visit in Liberia.

c) Haiti

Christian briefly summarized the background regarding ILAC’s involvement in Haiti: We received an invitation by MINUSTAH, but had problems with the Ministry of Justice from the beginning. Despite funding from Swedish Sida, no actual projects have started until now. Mr. Francisco Diaz and a local lawyer are hired to run the programme.

With the arrival of the new government under President René Preval, the relations between ILAC and the Ministry of Justice have improved significantly.

ILAC has contributed a three person legal team, led by Francisco Diaz, to the Ministry of Justice. This team worked in the Ministry 25 June to 25 July and prepared a document to the donor conference regarding the needs of the justice sector. The team did apparently a very good job and the Minister has expressed his thanks and strong appreciation to ILAC. He has also expressed a wish for this support to continue.

A big problem in Haiti is that there is a lack of confidence by civil society in relation to the justice system. In order to address this issue, ILAC, UNDP and key organisations within the Haitian civil society will organize a two day hearing in Port-au-Prince 16-17 November, with financing from Swedish Sida. This event will bring together civil society from all over Haiti with representatives of the justice system and international experts.

ILAC has also financed the first meeting of the Federation of Haitian Bar Associations (15 districts). The meeting took place in August and was considered a great success. ILAC will continue to assist in consolidating this federation and through that, the legal profession. IABA and OCCBA have expressed a commitment to be part of this program.

Rolf Ring described briefly the Gender Justice project that the Raoul Wallenberg Institute has started in support to the Haitian Ministry of Women’s Affairs with examples of best practises, including law and implementation of these laws, in four identified areas; customary unions, abortion, paternity determination and violence against women (with a focus on domestic violence and rape). An interim report will be submitted to all stakeholders for comments in November and the final report will be presented at a workshop or a meeting in Haiti at the end of January, 2007. Rolf Ring will travel to Haiti 18-21 October to meet with the Minister of Women´ Affairs and the ILAC Haiti representative.

d) Palestine

Mark informed that the IBA education programme with the Palestinian Bar had been postponed. A seminar was planned for early August in Amman, but in a letter in July to IBA, the Palestinian Bar expressed a need to postpone this seminar, due to the war in Lebanon and Israel’s attacks on Gaza. After recent contacts with the Palestinian Bar, planning has now started for a seminar in the beginning of 2007.

e) COTER (Morocco and Algeria)

Christian summarized the background of these projects: The Committee against Terrorism within the EU Presidency (COTER) has engaged ILAC to train the judiciary in Morocco and Algeria in the international legal anti-terrorism framework. One assessment in each country has been done and UIA has played an important role in this assessment process.

Agreements have been reached with both governments on the main elements of a training program for each country. Hopefully, the first training will start with Morocco in January 2007. The training will be conducted in cooperation with UNODC-TPB and with the new ILAC member Human Rights Network International.

f) Afghanistan

Mark reported that the IBA project goes well. The draft law on the bar is now before the parliament. The IBA person on the ground has left, and the project is now at a natural point of thinking ahead on what to do next. The next stage starts when the law is passed and will be to assist with its implementation. IBA will look into different options to do that based on what’s possible due to the present security situation.

g) Gender Justice

Christian reported: The background to this project is the Gender Justice conferences in New York and Stockholm in 2004 and 2005, cosponsored by ILAC and UNIFEM. One of the outcomes of these conferences was the establishment of the Partners for Gender Justice (PGJ), which consists of the co- chairs, the Swedish Ministry of Foreign Affairs and South African Ministry of Justice as well as UNIFEM and ILAC.

The PGJ has selected Liberia as the first programme country. Sweden made contact with the Liberian Minister of Gender and Development and proposed a meeting of the PGJ co-chaired by the Minister of Gender and Development and the Minister of Justice. As a result, a conference is now taking place in Monrovia (9-10 October) on the issue of gender justice in post-conflict countries for participants from West Africa (Liberia, Sierra Leone, Ivory Coast, Sudan) and Rodger, Shelby and Agneta are participating from ILAC. The plan is to submit a report of the PGJ to the Security Council at the 6th Anniversary of 1325 in New York in the end of October, highlighting gender issues in Liberia (including those ILAC programs that have a gender component).

4. Projects to consider

a) Lebanon

Christian informed that ILAC has learnt from our members and contacts in the region (Arab Lawyers Union, the Palestinian Centre for Human Rights and the Palestinian Bar Association) that the Lebanese government will be in need of outside assistance to restore the judicial and administrative control over the areas in the south and the west where Hezbollah has been firmly in control for several decades. Among other things, an assessment needs to be made about what kind of justice and laws have been applied until now, what are the personal resources, what kind of training is needed etc.

We have been in touch with the chairman of the Human Rights Committee of the Lebanese Parliament, and agreed that for now and until the incoming UN troops have established their presence and a reasonable level of security, there is not much we can do. But we want to be prepared when the time comes.

b) East Timor

Shelby, who was the head of the Administration of Justice Unit Cluster on the UNMIT Transition Team in Timor-Leste 2-27 September, has sent a memo to the Council regarding possible projects to take into consideration. Christian referred to this memo and to the previous ILAC mission report on East Timor, 2002. A discussion followed but no decisions were made.

c) Law Schools Consortium

Council decided to postpone discussions regarding the Law Schools Consortium, while awaiting further information from Shelby.

5. Present Economic Situation

Christian presented the budgetary situation regarding ILAC’s core funding and the outcome of the first eight months of the year. Our financial situation in general looks good, and the figures are well within the limits of the budget. Besides funding for the core programme, ILAC has received 2 million SEK extra for emergency projects. Parts of this extra funding have been used to cover costs for two visits to Palestine, one of which included participation in a conference on human rights in Gaza and meetings with representatives of the new Palestinian Government.

6. AGM – 2007

The AGM 2007, which is the fifth anniversary for ILAC, will take place in Stockholm 9-11 May.

An open seminar will be arranged, where we will invite key officials from the Swedish government as well as donors, media etc. We want to give recognition to the important role the Swedish Foreign Ministry has played during ILAC’s first five years, and also to get some publicity for ILAC and our work. Richard Goldstone and Hans Corell have confirmed that they will be able to participate in a panel and possible topics will be further discussed.

7. AOB

NOB.

Stockholm, 2006-10-23

Annika Lindgren

ILAC Head Office Box 22082, SE-104 22 Stockholm, Sweden Phone +46 8-545 714 20 Fax +46 8-517 110 77 www.ilac.se