Cablegate: International Development Law Institute (Idli)

This record is a partial extract of the original cable. The full text of the original cable is not available.

UNCLAS SECTION 01 OF 02 ROME 001616

SIPDIS

FROM U.S. MISSION IN ROME

STATE FOR IO AND AFGHANISTAN DESK

USAID FOR DCHA/AA, DCHA/OFDA, ANE/AA, ANE/ESA AND GC
USUN FOR LEGAL OFFICE AND POL

E.O. 12958: N/A
TAGS: EAID AF IDLI AF EAID IDLI AFGHANISTAN
SUBJECT: INTERNATIONAL DEVELOPMENT LAW INSTITUTE (IDLI)
UNCLASSIFIED

PAGE 02 ROME 01616 01 OF 02 291935Z
PROPOSAL TO SUPPORT LEGAL REFORM IN AFGHANISTAN

REF: A. 01 ROME 6330 B. ROME 1544

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SUMMARY
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1. U.S. MISSION REPRESENTATIVES MET WITH STAFF OF THE ROME-
BASED INTERNATIONAL DEVELOPMENT LAW INSTITUTE(IDLI)ON MARCH
27 TO DISCUSS IDLI'S PROPOSED LEGAL REFORM INITIATIVE IN
AFGHANISTAN. IDLI ADVISED U.S. MISSION OF ITS ONGOING
EFFORTS TO DEVELOP A COMPREHENSIVE DATABASE ON AFGHAN LAW, A
COMPARATIVE ANALYSIS OF PRIOR LEGAL SYSTEMS AND A ROSTER OF
AFGHAN LAW EXPERTS. IDLI STAFF BRIEFED U.S. MISSION ON
PROPOSED ACTIVITIES IN AFGHANISTAN WHICH INCLUDE ASSISTANCE
IN DEVELOPING A NEW CONSTITUTION AND A NEW LEGAL FRAMEWORK
AND THE TRAINING OF NEW JUSTICE SECTOR PERSONNEL. IDLI
STAFF ADVISED THAT THE GOVERNMENT OF ITALY IS VERY
INTERESTED IN PROVIDING SUPORT TO THE JUSTICE SECTOR IN
AFGHANISTAN, ALTHOUGH NO FIRM COMMITMENT HAS BEEN MADE TO
DATE. END SUMMARY.

2. US MISSION HUMANITARIAN AFFAIRS ATTACHE, TIM LAVELLE,
AND PROGRAM SPECIALIST JANE STANLEY MET WITH WILLIAM LORIS,
DIRECTOR OF THE INTERNATIONAL DEVELOPMENT LAW INSTITUTE
(IDLI) AT IDLI'S ROME HEADQUARTERS ON MARCH 27, 2002. IDLI
IS A PUBLIC INTERNATIONAL ORGANIZATION WHOSE MANDATE IS TO
"PROMOTE THE USE OF LEGAL RESOURCES IN THE DEVELOPMENT
PROCESS IN DEVELOPING AND TRANSITION ECONOMY COUNTRIES." THE
PURPOSE OF THIS MEETING WAS TO DISCUSS IDLI'S PROPOSED
UNCLASSIFIED

PAGE 03 ROME 01616 01 OF 02 291935Z
PROGRAM IN AFGHANISTAN.

3. LORIS AND HIS STAFF EXPLAINED THAT IDLI BEGAN TO DEVELOP
ITS PROPOSED LEGAL REFORM INITIATIVE FOR AFGHANISTAN SHORTLY
AFTER SEPTEMBER 11. TO DATE, THEY HAVE PUT TOGETHER AN
EXTENSIVE DATABASE ON AFGHAN LAW IN FORCE FROM 1900 TO THE
PRESENT DAY IN ENGLISH, PASHTU AND DARI AND DEVELOPED A
COMPARATIVE ANALYSIS OF PRIOR LEGAL SYSTEMS. IDLI STAFF
STATED THEIR RESEARCH HAS DEMONSTRATED THAT AFGHANISTAN
POSSESSES AN ELABORATE AND SOPHISTICATED LEGAL TRADITION.
THE PROBLEM IS THAT MOST LAWYERS HAVE LEFT THE COUNTRY. TO
ADDRESS THIS CONCERN, IDLI HAS ALSO DEVELOPED A ROSTER OF
QUALIFIED EXPERTS AND SCHOLARS ON AFGHAN LAW THAT CAN
READILY BE MADE AVAILABLE TO ASSIST AFGHAN AUTHORITIES IN
REBUILDING THE COUNTRY'S LEGAL FRAMEWORK.

4. IDLI PROVIDED U.S. MISSION REPS WITH A CONCEPT PAPER FOR
A PROPOSED IDLI AFGHANISTAN INITIATIVE. THE PURPOSE OF THIS
INITIATIVE IS TO "ASSIST THE AFGHAN AUTHORITIES TO RESTORE
THE RULE OF LAW THROUGH LEGAL TECHNICAL ASSISTANCE, TRAINING
AND CAPACITY BUILDING TO ALLOW AFGHANISTAN'S TRANSITION TO
A MODERN DEMOCRATIC STATE IN ACCORDANCE WITH ISLAMIC
PRINCIPLES, INTERNATIONAL STANDARDS, THE PRINCIPLE OF
LEGALITY AND AFGHAN LEGAL TRADITIONS."

5. THROUGH THIS INITIATIVE, IDLI PROPOSES TO HELP THE TWO
COMMISSIONS ESTABLISHED UNDER THE BONN AGREEMENT TO HELP THE
AFGHAN INTERIM AUTHORITY (AIA) REBUILD A LEGAL FRAMEWORK FOR
AFGHANISTAN--THE CONSTITUTIONAL COMMISSION, WHOSE MANDATE IS
TO PRODUCE A NEW CONSTITUTION, AND THE JUDICIAL COMMISSION,
CHARGED WITH RE-ESTABLISHING THE JUDICIARY AND THE REMAINDER
UNCLASSIFIED

PAGE 04 ROME 01616 01 OF 02 291935Z
OF AFGHANISTAN'S LEGAL FRAMEWORK.

6. SPECIFICALLY IDLI PROPOSES TO:

--ASSIST THE AIA BY IDENTIFYING LAWS THAT ARE IMMEDIATELY
APPLICABLE, IN COMPLIANCE WITH BONN AGREEMENT PRINCIPLES;
IDENTIFYING CHANGES THAT NEED TO BE MADE TO OTHER LAWS AND
REGULATIONS AND DEVELOPING A STRATEGY FOR REBUILDING THE
JUSTICE SYSTEM.

-- ASSIST THE NEW JUDICIAL COMMISSION BY PROVIDING TRAINING
AND TECHNICAL ASSISTANCE TO NEWLY APPOINTED JUSTICE
PERSONNEL; CONSULTING ON THE APPLICABILITY OF PRIOR LAWS ON
THE JUDICIARY AND JUDICIAL PROCEDURES; IDENTIFY ALTERNATIVE
OPTIONS FOR JUDICIAL STRUCTURES; AND ADVISING ON OTHER LAWS
REQUIRED TO ESTABLISH A COMPLETE LEGAL FRAMEWORK.

-- ASSIST THE CONSTITUTIONAL COMMISSION IN DEVELOPING A NEW
CONSTITUTION BY PROVIDING COMPARATIVE ANALYSES OF DIFFERENT
MODELS; ANALYZING VARIOUS OPTIONS; AND PROVIDING THE
EXPERTISE OF LEGAL PROFESSIONALS AND SCHOLARS FROM COUNTRIES
WITH LEGAL AND CULTURAL TRADITIONS SIMILAR TO THOSE OF
AFGHANISTAN.

UNCLASSIFIED

UNCLASSIFIED PTQ5247

PAGE 01 ROME 01616 02 OF 02 291935Z
ACTION IO-00

INFO LOG-00 NP-00 AID-00 AMAD-00 CIAE-00 COME-00 CTME-00
DODE-00 ITCE-00 SRPP-00 EB-00 EXME-00 EUR-00 UTED-00
TEDE-00 INR-00 ITC-01 L-00 NEA-00 NSAE-00 OIC-02
OMB-01 OPIC-01 SS-00 STR-00 TEST-00 TRSE-00 SA-00
SAS-00 /005W
------------------7C9706 291956Z /38
R 291848Z MAR 02
FM AMEMBASSY ROME
TO SECSTATE WASHDC 3033
AMEMBASSY KABUL
AMEMBASSY ISLAMABAD
USEU BRUSSELS 2613
USMISSION GENEVA
USMISSION USUN NEW YORK

UNCLAS SECTION 02 OF 02 ROME 001616

SIPDIS

FROM U.S. MISSION IN ROME

STATE FOR IO AND AFGHANISTAN DESK

USAID FOR DCHA/AA, DCHA/OFDA, ANE/AA, ANE/ESA AND GC
USUN FOR LEGAL OFFICE AND POL

E.O. 12958: N/A
TAGS: EAID AF IDLI AF EAID IDLI AFGHANISTAN
SUBJECT: INTERNATIONAL DEVELOPMENT LAW INSTITUTE (IDLI)
UNCLASSIFIED

PAGE 02 ROME 01616 02 OF 02 291935Z
PROPOSAL TO SUPPORT LEGAL REFORM IN AFGHANISTAN

-- ASSIST AFGHAN AUTHORITIES IN CREATING LEGAL AND JUDICIAL
TRAINING CENTERS.

7. IDLI IS CURRENTLY SOLICITING DONOR SUPPORT FOR ITS
PROPOSAL AND INFORMED U.S. MISSION THAT THE GOVERNMENT OF
ITALY HAS EXPRESSED INTEREST IN TAKING A LEAD ROLE IN
REBUILDING THE JUDICIAL SECTOR IN AFGHANISTAN, ALTHO
UGH
THERE HAS BEEN NO FIRM COMMITMENT TO DATE. IDLI INDICATED
THAT, ONCE FUNDING IS RECEIVED, IT WILL BE ABLE TO MOBILIZE
IMMEDIATELY.

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COMMENT
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8. IDLI IS CURRENTLY A SMALL INSTITUTE THAT, SINCE ITS
INCEPTION IN 1983, HAS CONDUCTED MANY VALUABLE LEGAL
TRAINING PROGRAMS IN DEVELOPING COUNTRIES. PER REF B, IT IS
SEEKING TO EXPAND ITS MANDATE AND THERE IS CONCERN THAT THIS
EXPANSION MAY BE A LITTLE TOO AMBITIOUS. A RECENT
USAID/WASHINGTON TDY REVIEW OF IDLI'S SOUTH EAST LEGAL
DEVELOPMENT INITIATIVE (SEDLI) IN STABILITY PACT COUNTRIES
INDICATED THAT IDLI WAS EXPERIENCING GROWING PAINS IN MOVING
FROM DEVELOPING METHODOLOGY AND CONDUCTING SURVEYS AND
CONFERENCES TO ACTUAL PROGRAM IMPLEMENTATION WHERE RESULTS
OF SURVEYS AND CONFERENCES ARE UTILIZED.

9. KABUL-MINIMIZE CONSIDERED. HEILEMAN
UNCLASSIFIED

PAGE 03 ROME 01616 02 OF 02 291935Z

UNCLASSIFIED

>
2002ROME01616 - Classification: UNCLASSIFIED

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