| Major group affiliation: |
- Children and youth
- Local authorities
- Non-governmental organization
|
| Involvement in UN Partnerships: |
Yes |
| If yes, explain in detail: |
The ILF partners with a number of UN agencies and bodies at the country level and international level, specifically: the United Nations Development Programme, the United Nations Children’s Fund and the United Nations Office on Drugs and Crime. In Nepal, UNDP and the ILF are engaged in a joint initiative to build the capacity of the country’s court appointed counsel system. UNDP and the ILF are applying for joint funding to undertake the project which will involve the training and certification of lawyers who wish to seek appointment to represent indigent accused persons. In this way, we can ensure that appointed counsel have the basic knowledge and skills necessary to competently represent indigent accused persons. In the West Bank, UNDP will provide funding to the ILF to run a series of training seminars that provide lawyers with the basic knowledge and skills necessary to defend juveniles and to encourage more lawyers to represent juveniles accused of crimes. In Afghanistan, the ILF receives funding from UNICEF to provide criminal defense representation to accused juveniles. Additionally, UNICEF has requested that the ILF provide expert commentary on a forthcoming guidance note on juvenile justice. At the international level, the ILF is providing expert advice and assistance to UNODC. In March 2011, the ILF participated in an expert group meeting convened by UNODC at which it provided substantial advice and input to the draft UN Principles and Guidelines on Access to Legal Aid in Criminal Justice Systems. Going forward, UNODC has requested similar assistance from the ILF on its draft model law on juvenile justice. Finally, the ILF works with the Rule of Law Unit, providing advice and assistance on various indigent defense related issues and has provided input to open debates of the United Nations Security Council. |
| Affiliation with other organizations: |
Effective indigent defense systems are crucial for good governance and sustainable development. Recognizing that it is the responsibility of governments to provide criminal defense services to the poor, the ILF works closely with government agencies in each of the countries in which it works including ministries of justice, as well as other justice institutions such as the courts, and bar associations. While the ILF provides important technical and financial assistance over the short-term, over the long-term it aims to assist governments to institutionalize and sustain the public defender offices it establishes. Additionally, the ILF works with donor agencies, encouraging them to provide financial assistance to developing nations so that they have the ability to meet their obligation to provide criminal defense services to the poor. In Afghanistan, the ILF is negotiating an agreement with the World Bank and the Legal Aid Department of the Ministry of Justice of Afghanistan that will lead to its public defender offices’ integration into a government public defender system. |
| Publications: |
Jennifer Smith, Natalie Rea, and Shabir Ahmad Kamawal, The right to counsel as a safeguard of justice in Afghanistan: the contribution of the International Legal Foundation. International Review of the Red Cross, available on CJO 2011 doi:10.1017/S181638311100004X; Natalie Rea, Customary Laws of Afghanistan: A Report by the International Legal Foundation, International Legal Foundation, 2004, available at http://theilf.org/wp-content/uploads/2011/04/reports-ilfa-customary-laws.pdf. |
| Affiliation with other organizations: |
The ILF is committed to establishing strong relationships with local governments, justice institutions and legal associations in order to increase access to justice and strengthen the rule of law. In Afghanistan, ILF-Afghanistan works closely with the Afghanistan Independent Bar Association, the newly established Legal Aid Board and the Ministry of Justice, as well as the UN and representatives of donor countries that fund and staff the local provincial reconstruction teams. In Nepal, ILF-Nepal works closely with the Judges Society of Nepal, a membership association for Nepali judges and the Supreme Court of Nepal. The ILF provides training and leadership to the defense bar in each of the countries in which it works, and provides advice to governments on matters related to the establishment of an indigent defense system. The ILF is also frequently solicited by legislative bodies to provide expert commentary on proposed laws related to criminal matters and legal aid services. Finally, in Afghanistan, the ILF has partnered with universities to establish legal clinics for law and sharia students. |
| Publications: |
Jennifer Smith, Natalie Rea, and Shabir Ahmad Kamawal, The right to counsel as a safeguard of justice in Afghanistan: the contribution of the International Legal Foundation. International Review of the Red Cross, available on CJO 2011 doi:10.1017/S181638311100004X; Natalie Rea, Customary Laws of Afghanistan: A Report by the International Legal Foundation, International Legal Foundation, 2004, available at http://theilf.org/wp-content/uploads/2011/04/reports-ilfa-customary-laws.pdf. |
| Purpose of the organization: |
The purpose of the ILF is to assist post-conflict and transitional countries establish effective and sustainable indigent defense systems. The lack of qualified lawyers available to provide criminal defense representation to the poor is a serious problem in post-conflict and transitional countries. Many of these countries’ constitutions and other domestic laws guarantee the right to counsel to persons accused of crimes. Moreover, many have ratified the International Covenant on Civil and Political Rights (ICCPR), which binds them to ensure the right to counsel. Yet, in practice, there are few defense lawyers for the poor in many countries. Those that do practice are often grossly unqualified. Without access to counsel there can be no rule of law; accused persons are more vulnerable to arbitrary detention, coerced and tortured confessions, wrongful convictions and other abuses. The ILF fulfills an essential role in post-conflict reconstruction. Although there is a growing focus on rule of law in post-conflict countries, rule of law projects have placed a heavy emphasis on rebuilding courts and law enforcement institutions and give little attention to the critical role of defense, particularly criminal defense services for the poor. The ILF addresses this need by providing indigent accused persons with access to competent well-trained defense lawyers. In this manner, the ILF helps to ensure that laws and constitutional provisions protecting the rights of the accused are implemented and that all citizens have equal access to justice. |
| Confirmation of the activities of the organization at the regional, national or international level: |
The International Legal Foundation has projects in Afghanistan, Nepal, and the West Bank. In each, it has established public defender offices that represent the poor in criminal cases. Additionally, the ILF engages in advocacy at both the country and international level: (1) advocating that governments, particularly those emerging from conflicts, take responsibility for providing meaningful criminal defense services to the poor and persuading donors to provide financial assistance to developing nations so they have the ability to meet this obligation; and (2) promoting the fundamental fair trial rights of indigent accused persons, including the right to counsel, the presumption of innocence, the right to be informed promptly of any criminal charge, and the right to adequate time and resources to prepare a defense. |
| A list of members of the governing body of the organization, and their countries of nationality: |
Board of Directors: Philipp Ackermann (Germany), Aileen Donnelly (Ireland), Sebastian von Einsiedel (Germany), Henry Gonzalez (Costa Rica), Stephanie Kleine-Ahlbrandt (USA), Polly Mallinson (England), Natalie Rea (USA), Nicola Reindorp (England). Advisory Council: Allan Rock (Canada), Eric Fischl (USA), Baroness Vivien Stern (England), Juan E. Mendez (Argentina), Colin Gonsalves (India), Rudiger Wolfrum (Germany). Special Advisor: Richard Joselson (USA) |
| Description of the membership of the organization, indicating the total number of members: |
We are not a membership organization, but have 253 total staff in our organization. |
Public Administration and Development Management
| Involvement in Public Administration: |
The ILF is committed not only to developing the skill and expertise of criminal defense lawyers in post-conflict countries, but establishing public defender offices capable of managing heavy caseloads in a cost-effective manner. In the long term, the ILF aims to transfer its management and organizational capacity to national institutions. In Afghanistan, the ILF is now assisting its longest standing public defender office, ILF-Afghanistan, to become a completely independent, Afghan-run organization. With the benefit of its considerable organizational, management and legal aid development experience, the ILF is assisting ILF-Afghanistan to build its management and organizational capacity, as well as financial and human resource processes. During this final phase of ILF-Afghanistan’s development, fiscal accountability and management are gradually shifting from the ILF headquarters in New York to local staff. Additionally, the ILF is negotiating a long-term plan that would gradually incorporate ILF-Afghanistan’s management, training and support units, as well as staff attorneys into the existing, or a new unit of the Ministry of Justice of Afghanistan. This strategy, while requiring a considerable commitment of time and resources, is essential to developing adequately the capacity of national institutions to provide indigent defense services. |
| Publications: |
Jennifer Smith, Natalie Rea, and Shabir Ahmad Kamawal, The right to counsel as a safeguard of justice in Afghanistan: the contribution of the International Legal Foundation. International Review of the Red Cross, available on CJO 2011 doi:10.1017/S181638311100004X; Natalie Rea, Customary Laws of Afghanistan: A Report by the International Legal Foundation, International Legal Foundation, 2004, available at http://theilf.org/wp-content/uploads/2011/04/reports-ilfa-customary-laws.pdf. |
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