On April 7, 2000, the first conference of the
Southeast European Legal Development Initiative (SELDI) with donors
and international organizations was held at the headquarters of the
International Development Law Institute (IDLI).
Opening presentations by Michael Hager,
Director of IDLI, Minister Giuseppe Cipolloni, Vice
Coordinator of the Stability Pact at the Italian Ministry of
Foreign Affairs, and John Tennant, Deputy Assistant
Administrator, Bureau for Europe and Eurasia, US Agency for
International Development emphasized the importance of building the
rule of law in the Southeast of Europe, in particular in the
context of the Stability Pact. Speakers highlighted the key role to
be played by non-governmental organizations in this process,
specifically in the Southeast European Legal Development Initiative
(SELDI). Minister Cipolloni reiterated the commitment of the
Italian government to the stability and development of Southeast
Europe, and expressed its support to SELDI. This support is the
continuation of years of collaboration between IDLI and the
Ministry of Foreign Affairs. The relevance of SELDI’s focus on
corruption is evident in the role of corruption in making possible
cross-border organized crime and thus regional insecurity.
Speakers stated the important contribution SELDI
with its focus on anti-corruption, judicial reform and the legal
aspects of international trade will make to the development of the
region. Speakers recognized the need for going beyond
country-specific efforts towards region-wide cooperation networks,
particularly as regards issues of democratic governance, and the
pro-active role to be played by NGOs in such networks.
During the Conference (from left to
right): Bulgarian Ambassador to Germany Mr. Nikolai Apostolov; Mr.
John Tennant, Deputy Assistant Administrator Bureau for Europe and
Eurasia USAID; Mr. William T. Loris, Director General Elect, IDLI
and Mr. L. Michael Hager, Director, IDLI
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SOUTHEAST EUROPEAN
LEGAL DEVELOPMENT INITIATIVE
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w w w . s e l d i . n e
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SELDI was conceived in late 1998 and grew out of a
number of successful projects by the IDLI and CSD in Bulgaria and
the other countries in the region. A network of partner
organizations in all countries concerned has been established.
SELDI is thus intended to multiply the effect of public-private
coalition building for development throughout the region. It
provides a forum for cooperation among the most active civil
society institutions, public figures and government and
international agencies in Albania, Bosnia & Herzegovina, Bulgaria,
Croatia, FYROM, Greece, Romania, and Turkey. Particular attention
is devoted to involving Yugoslav organizations and cooperation with
the democratization efforts in Kosovo.
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Public-Private Partnership. SELDI is
envisaged as a major contribution to the institutionalization of
public-private cooperation in the promotion of the rule of law in
Southeast Europe. It is based on the successful implementation of
such a partnership established by CSD and IDLI in the framework of
Coalition 2000, an anti-corruption initiative in Bulgaria.
The innovative approach to combating corruption, introduced
by Coalition 2000, has been acknowledged internationally (a
recent World Bank Report “The Road To Stability And Prosperity In
South Eastern Europe: A Regional Strategy Paper” notes that in the
field of anti-corruption/good governance in SEE “there are some
groundbreaking attempts by civil society groups, such as Coalition
2000 in Bulgaria, which has developed a common program of practical
actions, with active participation of government and national
NGOs”). SELDI is an open and transparent process seeking to
involve all stakeholders in the region – national and
international. A major complementary impact of the Initiative will
be the enhancement of capacity of civil society organizations in
the region to collaborate with government institutions in
addressing major reform and development issues in their own
countries.
Civil Society Driven Effort. Civil
society organizations will be the driving force of SELDI. It is
distinguished from the other region-wide initiatives in that it
seeks to facilitate practical efforts aimed at addressing specific
needs and in the leading role of civil society and private
sector institutions in its implementation. SELDI will establish
a process whereby the input of all concerned institutions in the
countries in the region will be incorporated in its work, through a
number of local partner organizations, which will serve as an
interface to the national institutional environment.
Building Awareness and Monitoring
Institutional Change. The monitoring and awareness building
activities included in SELDI’s are designed to address the role of
public pressure in promoting the rule of law in the region. Results
of the regional corruption monitoring system – already in its pilot
phase in Bulgaria, FYROM and Albania – are used to encourage
“competition” among governments and nations in the region to
“outperform” others in establishing an image of a rule of law
society. Public perception – and participation – is also of key
significance for the success of reforms and will be addressed by
awareness instruments with a regional appeal and by publicizing the
results of comparative corruption monitoring.
Contributing to Regional Security. The
working table on security of the Stability Pact for Southeastern
Europe emphasizes combating “organized crime, corruption, terrorism
and all criminal and illegal activities” as its priority. All of
SELDI’s components – introducing a public-private framework for
combating corruption, promoting judicial reform and cooperation and
encouraging the adoption of the rules of international trade – are
directly linked to the achievement of this priority.
Particularly relevant is the focus on anti-corruption efforts as
corruption it is the main factor making possible the increasing
activities of organized crime and illegal trafficking in goods and
people in the region. The promotion of common standards in the
work of the judiciary and application of international trade rules
will also assist in the creation of an institutional environment
favoring security and stability in the region.
SELDI Project Portfolio
1. Coalition Building and Monitoring in
Anti-Corruption
This project aims to introduce a region-wide
institutional framework for public-private Cooperation in
countering corruption in the countries of Southeast Europe. It
will also seek to contribute to an enhanced cross-country
public/civic support and participation for anti-corruption
measures. The anti-corruption component of SELDI has been discussed
and elaborated with regional stakeholders at the Coalition
Building and Monitoring in Anti-Corruption: Strategies and Impact
in Central and Eastern Europe conference held in June 1999 in
Varna, Bulgaria and at the Southeast Europe Anti-Corruption
Forum, held in Sofia on 25-26 February 2000.
The project has four components. Coalition
Building – developing of a comprehensive strategy for regional
public-private co-operation in countering corruption. This
component is largely based on the successful experience of
Coalition 2000. Monitoring - the project will
introduce a regional anti-corruption watchdog and diagnostic
facility. A pilot round of monitoring in Bulgaria, FYROM and
Albania has been carried out. Awareness Building – will
develop a variety of cross border awareness tools for presenting a
coherent message to the public in all countries concerned.
Training – will train a critical number of organizations and
individual experts in designing and implementing anti-corruption
strategies.
2. Strengthening of the Judiciary
The project will rely on IDLI’s training capacity
and the experience of the Judicial Reform Initiative for Bulgaria
(www.csd.bg/jri) to introduce a regional training facility aimed at
raising the professional knowledge and skills of the magistrates
and court administrators. Its overall objective is to contribute to
the development of accountable, legislative branches and
independent judiciaries. Notably, the project will also seek to
enhance the collaboration between countries of the SEE region in
judicial structures, which is currently inadequate.
3. WTO and Trade Development
Through training seminars, setting up of advisory
services and training of trainers, the project will create enhanced
awareness and understanding of the rules of international trade,
particularly WTO Agreements and of relevant regional trade
integration agreements. The project will explore the possibilities
of creating trade law center(s) in the region as a means of
ensuring such accessibility and diffusion of knowledge. The project
will identify the actually applied trade regimes (border and
non-border measures) among the countries of the region and will
make such information readily available for the region’s economic
operators.
As suggested during conference discussions,
strengthening the negotiating capacity of SELDI countries could
also be a complementary target for the trade component of the
Initiative.
4. Distance Learning Center
The Distance Learning Center will be part of a
Global Distance Learning Network (GDLN) currently developed by the
World Bank. In this way, the proposed DLC will have instant access
to a global knowledge base. It will facilitate the simultaneous
provision of courses, seminars, and discussions for a variety of
global participants, linked by interactive video, electronic
classrooms, satellite communications, and Internet facility. The DL
Center will create a “first node” cost-effective training facility
for target groups in the SELDI countries for World Bank, IDLI and
CSD training programs, and will create an indigenous capacity to
identify and access knowledge needed to improve legal development
policies in Southeast Europe.
Discussions at one of the Conference
Sessions (from left to right): Messrs. Kostadin Kodjabachev,
Counselor at the Bulgarian Embassy to Italy; CSD Director of
Research Alexander Stoyanov; Ognian Shentov, CSD President and
Walter Gehr of Austrian Foreign Ministry
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Donor and IO Commitments
United States Agency for International
Development
The United States Agency for International
Development has been supporting Coalition 2000 since its
launch in 1998 and is strongly supporting the Southeast European
Legal Development Initiative (SELDI). USAID representatives
highlighted anti-corruption as the unifying concept of SELDI. USAID
has promoted the inclusion of SELDI in the Pledges for Quick Start
Stability Pact Regional Projects and Programmes.
USAID pledged immediately available support of
0,000 in support of the anti-corruption component of SELDI,
linked to the subsequent availability of co-financing from other
sources. It has been emphasized that anti-corruption, as a
fundamental rule of law problem, should be a priority for
SELDI.
United Nations Development
Programme
The UNDP mission to Bulgaria has been actively
cooperating with Coalition 2000 and its Special
Representative for Post-Conflict Development in Southeast Europe is
member of the International Steering Board of SELDI. It was
emphasized that Coalition 2000 has taken encouragement from
the best international practices and has itself become and
international best practice by being the basis of SELDI.
UNDP recognizes that the root cause of problems in
the region has not been ethnic hatred but instead, the
unwillingness of the states to enforce the rule of law. The
importance of SELDI and its relevance to the objectives of UNDP is
highlighted by its emphasis on the two core concepts of the
Stability Pact – rule of law and human development.
A commitment was undertaken to present the
Initiative to the Regional Project of Good Governance of the UNDP
with the purpose of it being coordinated/integrated with the UNDP
project activities.
Government of Canada
The Canadian government representative made a
statement of very positive support and a commitment to relay the
very positive and concrete nature of the Initiative in the context
of the overall involvement by Canada in the region. The nature of
funding for the region is flexible and it is believed therefore,
that funding could be possible.
Government of Austria
The Austrian government representative made a very
positive assessment of the Initiative and made a commitment
to assist in the identification of sponsors for the project and to
commence discussions in Austria. The role of the private sector in
this process was highlighted.
Council of Europe
As the adoption of European standards in good
governance, enforcement of law, and public life in general is of
primary importance to the success of stabilization of the SEE
countries and their re-integration into European and Euro-Atlantic
structures, cooperation with the Council of Europe and the European
Union in the implementation of SELDI is important. The Council of
Europe has a representative – Mr. Guy De Vel, Director General of
Legal Affairs – in the International Steering Board of SELDI. This
will ensure coordination with the Anti-Corruption Initiative of the
Stability Pact.
Conference Follow-Up
The first SELDI donors’ conference concluded with
unanimous support for the Initiative. It was decided to follow up
the conference with contacts with other EU governments, as well as
private foundations, to solicit further support for the activities
in the SELDI project portfolio.
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