Initiating the process:
preparatory steps
1
The seven stages
2
Objectives
 Highlight the main undertakings in
preparing a law or policy-making process
 Explain why certain actions need to be
taken in preparation for drafting
 Suggest ways of increasing knowledge
and undertanding of displacement in the
initial stages
 Understand why, when and how to
conduct a review of national legislation
3
Preparatory steps
Technical
choices
Contents
Technical support
Scope
Type
Knowledge
Sensitisation
Political
decisionmaking
Displacement
facts and
concepts
Data collection
Understanding
Legal review
4
Knowledge and understanding
Key notions
 IDPs
 IDPs’ concerns
 Communities
affected by
displacement
 Displacement
process
 Response
Knowledge
 Durable solutions
Understanding
5
Suggested actions
 Technical and legal workshops
 Multi-stakeholder conferences
 Field and exposure visits
 Joint needs assessments
 Public hearings
 Open debates
 Awareness-raising campaigns
6
Why a legal review?
Objective
To determine the extent to
which the existing framework:
a. addresses displacement
adequately
b. creates obstacles to IDPs’
protection and assistance
c. contains gaps related to
IDPs’ protection and
assistance
Legal review
7
Do we need a legal review?
Necessity and added
value
Capacities
 Evaluation of national
capacity and expertise
 Gaps in existing laws?
 Time consuming process
(Law or policy?)
 Unintended obstacles?
 Contradictions between
existing laws and the new
instrument?
 Does existing legislation
facilitate implementation of
the new instrument?
 Interpretation of existing
laws in light of national
regional and international
standards
Before, during
and after …
8
What to review?
 Constitutional documents and bills of rights
 Disaster management and humanitarian laws and policies
 Land, property and housing laws and policies
 Birth, death, marriage and citizenship laws and policies
 Social security laws and policies
 Law enforcement and military regulations
 Court procedures and regulations
 Social services laws and policies
 Criminal law
9
How to review a legal framework
Suggested methodology
1. Collect relevant laws, decrees
and ordinances
2. Examine to determine:
a. gaps and obstacles
b. insufficient address of IDPs’
issues
c. contradictions with regional
and international standards
3. Identify issues:
a. to be addressed in the new
instrument
b. to be addressed by altering
the existing framework
CAR legal review, 2011
(Brookings Institution)

Landscape analysis: political,
social and economic challenges

Analysis of relevant laws and
policies

67 elements of national regulation

Normative analysis:
•
•
•

Great Lakes Pact
Kampala Convention
Existing legislation
Recommendations: gaps and
issues
10
Legal review: country examples
11