In promoting the rule of law in developing countries, IRLI seeks to undertake collaborative projects aimed at enhancing the provision and protection of human rights, democracy and good governance. To date projects have addressed the broad spectrum of rule of law: from capacity development of national judiciary to legal aid and legal information at a grassroots level.
IRLI develops and implements collaborative, needs-driven projects with a priority on:
1. Access to Justice
Rule of law is what gives citizens political and legal voice. This requires mechanisms of redress, so that citizens can claim their rights. These mechanisms, in turn, depend on the quality of access to justice, due process and minimum levels of effective, equal and predictable application of the law. IRLI primarily focuses on legal aid programmes and the training of legal professionals through the establishment of formal law schools.
2. Human Rights
Human rights norms, as delineated in regional and international conventions and instruments, outline the accepted values and standards of treatment of individuals and groups, thereby setting the limits of state power in national contexts. Rule of law is seen as directly integral to the implementation of these rights, as rule of law is also concerned with the proper exercise of authority and power by the state. Our work in this area concentrates on education and increasing awareness of international human rights standards.
3. Reform of the Courts and Judiciary
Rule of law relies on the independence, accountability and transparency of judicial systems, and to this end IRLI projects assist in the drafting and enacting of court rules, promote judicial education and training, and seek to enhance court administration and efficiency.
4. Development of Commercial Law and Procedures
It is commonly believed that sustainable economic growth relies on prosperous private enterprise that is free from arbitrary government interference. More importantly, with the onset of globalisation, international players are persistently seeking out new markets in which to trade and invest. Law is the common basis on which parties can make agreements; it provides parties with confidence that disputes can be resolved efficiently and fairly. Consequently the predictability and order that rule of law promotes in substantive laws is regarded as the stabilising force behind much economic development. Our work primarily involves capacity building in commercial law practice and procedures.
5. Improvement of Title to Law and Land Transfer
The poor can be legally empowered and poverty reduced when enforceable rights over property and other assets are put in place by a transparent, functional system. It is vital to implement an equal system of rights, obligations and enforcements that enables all citizens to protect their assets and use them to obtain credit, secure investment, raise productivity and protect their rights.
There is also widespread demand for a mechanism to resolve property disputes, especially those involving land, livestock and commercial matters. Land tenure is a key point of friction while a method of ensuring the predictable enforcement of contracts is also essential to support economic activity. IRLI seeks to assist in projects for the establishment of courts or tribunals to deal with the recognition of property, particularly informal land assets, and realisation of a fair and unequivocal legal framework to deal with land tenure conflicts.
In addition to stand alone projects, IRLI further seeks to:
1. Facilitate opportunities for Irish lawyers to use their skills overseas through voluntary internships or placements;
2. Meet the legal needs of development organisations through the provision of free legal advice and assistance by Irish volunteers;
3. Draw together a network of engaged lawyers who have contributed or wish to contribute to the use of law as a tool in international development;
4. Promote awareness and learning on how law and lawyers can support progress in developing countries through meetings, events and publications.
IRLI firmly believes that, in advancing sustainable respect for the rule of law, a multifaceted, multidisciplinary approach is required. As such, while harnessing the talent and dedication of legal professionals in Ireland, we hope to further engage with partners from other disciplines.