Results
INPROL Publications
Currently, there are two streams of INPROL publications: Research Memoranda; and Practitioners Guides.
A Research Memorandum is drafted in response to a member query posted on INPROL’s Rule of Law Forum or Police Forum. It draws upon member responses posted on the forums in response to the query, but is also the product of independent, high-quality research on the question at hand conducted by the INPROL Research Team. Formerly, Research Memoranda were called “Consolidated Responses”. Archived Consolidated Responses are included in the new website as Research Memoranda.
A Practitioner’s Guide is a primer on a specific rule of law issue or area. It seeks to provide an introduction and overview of this area, as well as distilling best practices and approaches, where relevant.
-
September 30, 2010
International Standards Governing Evictions from Public Properties
This consolidated response reviews three human rights – freedom of movement, privacy, and adequate housing, as well as development standards on evictions, all of which emphasize the need to take all feasible steps to diminish the hardship to vulnerable groups resulting from evictions. It then describes a three factor balancing test, based on the human rights principles and development standards, which Iraq can utilize to ensure its practices adhere to international law and best practices. It is hoped that the presentation of this approach will be of assistance to the Iraqi authorities in identifying the most appropriate policies for addressing the issue of occupation of public property in a manner compatible with both international law and Iraq’s social and economic realities.
INPROLResearch Memoranda -
September 27, 2010
The Rights of Victims in Criminal and Civil Proceedings
This consolidated response outlines the different options available to Haïti as it drafts its new criminal procedure code. It begins by briefly summarizing the current laws on victim participation in criminal trials in Haïti and the practical challenges with it. Second, it outlines different definitions of “victim,” a key starting point in determining their rights. Third, it outlines the range of potential rights a victim may be granted in criminal proceedings. Finally, it outlines rights that may be asserted through a civil claim, either tied to or completely separate from the criminal proceedings.
-
September 27, 2010
Police and Community Consultative Bodies
This Consolidated Response first discusses both informal and formal mechanisms for establishing a consultative body. Second, it looks at who are the forum’s stakeholders and how to define them, with a special consideration for minorities and vulnerable groups. Third, it addresses the purpose and objectives of the consultative body. Fourth, possible components of the forum are discussed. Fifth, best practices and lessons learned are outlined. Finally, alternatives to a forum or consultative body are discussed.
-
August 16, 2010
Establishing an Independent Police Oversight Body
Independent police oversight bodies ensure police accountability. The process of establishing a police oversight body can be framed through the following seven steps: (1) determining the method to legally establish the oversight body; (2) defining the purpose of the oversight body; (3) defining the jurisdiction of the oversight body; (4) selecting the model of the oversight body; (5) defining the powers of the oversight body; (6) defining the complainant; and (7) determining the procedure by which the oversight body carries out its functions.
-
July 26, 2010
Rule of Law Activities in Kandahar, Afghanistan
Both ongoing and planned Rule of Law activities in Kandahar change rapidly due to insecurity and other realities on the ground. To the best of our knowledge, this Consolidated Response provides a snapshot of Rule of Law activities recently completed, currently operating and planned that target the justice sector in Kandahar. This list is not exhaustive, but rather based on a number of inquiries posed to Rule of Law practitioners and organizations working in the province. In terms of ongoing or planned RoL initiatives in Kandahar Province, there are a number of projects addressing both the state and non-state means of settling legal disputes and other conflicts. Note, however, that Kandahar Province lacks the requisite number of trained and equipped justice actors who can meet the needs of the population. With over 1 million people living in the province, as of the end of 2009 there were reportedly only seven judges, sixteen prosecutors and eight lawyers registered with the Afghan Independent Bar Association.
-
July 11, 2010
United Nations Peacekeeping Mandates
United Nations mandates provide the international framework for peacekeeping missions. Since 2000, the Security Council has dramatically increased the scope and breadth of mandates; expanding the activities military peacekeepers engage in on the ground and expanding the civilian component of missions. Peacekeeping missions are now asked to undertake a wide variety of mandated tasks: minimize ongoing conflicts; enforcing peace agreements; laying the foundation for peacebuilding; and supporting the political process. This Consolidated Response looks at the various tasks now mandated to peacekeeping missions and how these tasks are implemented on the ground.
-
March 8, 2010
Differences Between "Detention" and "Corrections"
Part I of this Consolidated Response provides international and regional definitions given to individuals and the facilities that house them prior to and after conviction of a crime. Part II provides the definitions of the relevant Afghan law translated into English.
-
March 5, 2010
Post-Conflict Constitution Making: How to Devolve Power from Central to Local Government
This Consolidated Response explores how constitutions can articulate the process of devolving power from the central government to lower orders of government in a federal system. It was developed after receiving a query from INPROL member Larry Taman, working for the UNDP on Support to Participatory Constitution Building in Nepal.
-
January 6, 2010
International Standards that Relate to Detentions, Corrections, and Prisons
In this Consolidated Response, we briefly review the international hard and soft law relating to detentions, corrections, and prisons that is organized in accordance with the categories described in the Background. The listing of international standards is not exhaustive but rather focused on the main standards that are most commonly employed in discussions contemplated in the query. A useful glossary of terms found in this document may be accessed at http://www.unicef.org/crc/files/Definitions.pdf.
-
January 5, 2010
Establishing and Reforming Bar Associations in Post-Conflict States
This Consolidated Response focuses on methodologies and comparative approaches to establishing or reforming an independent bar association in post-conflict states. Part I briefly provides an overview of how to assess the existing state of the legal profession in a post-conflict state. Part II discusses the establishment of a bar association. Part III then looks at the development of the bar association. To enhance this comparative approach, this paper also includes annexes providing overviews of bar associations, as well as links to enabling legislations, by-laws, and codes of conduct.