Volume 1 Issue 1 September 2012 Advancing Together Rule of Law Updates and Perspectives from Around the World

In This Issue Rule of Law Perspectives White & Case Opens First Tackling the Trafficker: on Law Library in Bhutan Combating Human Trafficking Page 2 Page 5 at the 2012 Super Bowl Page 6

IBA Honors Nigerian Measuring Global Awareness Leveraging Corporate Lawyer Olufolake Solanke of Human Trafficking Expertise to Further Page 7 Page 8 the Rule of Law Page 9

White & Case Opens Law Library in Bhutan Page 5 Volume 1 Issue 1 Advancing Rule of Law Updates and Perspectives September 2012 Together from Around the World

Rule of Law Perspectives on Egypt Major change is underway in the Middle East and North Africa. Members of the Atlantic Council provide their perspectives on the rule of law and the events unfolding in the region.

Egyptian courts were established over a justice. Subsequently, judges—who had Ziad Abdel Tawab century ago in an attempt to modernize the protested in 2005 in support of their autonomy Deputy Director, nation. However, over the past 40 years, and independence—joined the calls for the Cairo Institute for the Egyptian legal order hasn’t developed revolution as well. Human Rights Studies to uphold the rule of law—but rather to Paradoxically today, courtroom violence impose the authority of the ruling group Contributor, increased in response to a wave of judges’ through exceptional and permanent means, Egyptsource, acquittals of officers accused of killing without hampering the post-1970s efforts Atlantic Council protestors. Lawyers physically blocked the for liberal economic development, founding entrance to courthouses and million person what resembles a quasi-liberal legality. Thus, marches were called for to denounce the poor Egyptian courts regained their autonomy performance of the judiciary. In reaction, the A look at Egypt’s judiciary when compared to the totalitarian era of Chief Justice presented SCAF with a draft law and the rule of law Egypt’s late president Gamel Abdul Nasser. guaranteeing judicial independence, which was A Supreme Constitutional Court (SCC) was As early as January 28, 2011, revoked by both SCAF and later by the Islamic founded and has played the role of bestowing majority in the parliament. Both entities wanted the ruling Supreme Council for freedoms and protecting rights for decades. to preserve the status quo of the oppressive Armed Forces (SCAF) in Egypt In the meantime, Egypt was ruled for 30 years state machinery created by former president took its first unambiguous steps under a state of emergency. Four different Hosni Mubarak; thus, past and continuing exceptional courts were declared competent violations remain unpunished and the rule of after the revolution to sideline to try opposition to the ruling regime. law undermined. the rule of law and democracy. Unfavorable verdicts against the government Recent allegations of the politicization of the were usually hamstrung by difficulties in Eight months later, the head of judiciary—after several controversial decisions implementation, and public prosecutors regarding the dissolution of parliament and the Military Justice declared were always reluctant to challenge security revocation of decrees providing the military officers for routine allegations of torture. that military courts have tried with exceptional powers—are not new to Often, courts were used to legitimize unlawful Egyptian political life. Unfortunately, the nearly 12,000 civilians to combat actions and to restrict activities of dissidents. inability of the opposition and ruling parties thuggery and reestablish the In 2010, photos of the young tortured Khalid to find political compromises has always rule of law. According to reports, Sai’d taken from the morgue sparked a wave driven the judiciary to settle political disputes, some of the trials took place of criticism among the Egyptian middle class, tarnishing its reputation. The rule of law in who had tasted freedom in their private Egypt will continue to be undermined as long in less than 10 minutes in the sphere due to modern education, exposure as corruption and tyranny are dominating the kitchenettes of military detention to a multinational corporate environment executive power, further distancing Egypt from and the Internet. Wanting the same freedoms its transition to democracy. facilities, after midnight and in and rule of law in their public sphere, they continued on page 3 u the absence of defense counsel. joined forces en masse with citizens of other classes (on the national police day) demanding

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The Honorable William H. Taft IV Atlantic Council Board Director 100MI ALGERIA Of Counsel, Fried, 200KM Frank, Harris, Shriver LIBYA & Jacobson LLP EGYPT

Potential pitfalls in Egypt’s transition toward democracy While Egypt has taken some ERITREA significant steps toward NIGER SUDAN establishing democracy in the past CHAD DJIBOUTI year, whether its government and BENIN NIGERIA society will succeed in establishing TOGO ETHIOPIA CENTRAL SOUTH AFRICAN SUDAN the rule of law is very much in REPUBLIC doubt at this time. CAMEROON SOMALIA Free and fair parliamentary and presidential EQUATORIAL GUINEA UGANDA elections have been held. But the military’s CONGO DR CONGO KENYA efforts, following the judiciary’s ruling to GABON dissolve the parliament and take into its own hands the writing of the new constitution, leaders that political rights, civil liberties and Building the rule of law is a hard exercise, as are cause for great concern. It seems likely the rule of law are the necessary foundation it requires cooperation of many institutions that the military will try to reserve for itself of their country’s success in the future. and high understanding of its basic principles. a special position in the government going Awareness alone, however, is not sufficient. forward—either by putting that in the new There must be institutions that function to constitution itself or by preventing a new Dr. Adam Bodnar secure and enforce the rule of law. constitution from coming into effect. The Vice President, Helsinki judiciary has indicated that it will support Foundation for Human The rule of law is also the result of the the military’s approach, whatever it may be. Rights () state’s previous history. For example, Poland Public demonstrations and mass protests had a nice chapter of success between the Associate Professor, Human have shown some ability to influence the First and Second World War. Legal scholars Rights Chair, Faculty of Law, military in the past, but their staying power and the writings from that era had great Warsaw University has not been tested. influence on the next generations of lawyers. Even during Communist times, some judges The and other countries or attorneys understood well the true have important relationships with the Lessons from Central Europe meaning of the rule of law. This intellectual Egyptian military, including providing for the Arab Spring potential made introducing the rule of law financial assistance and modern weapons easier than in former Soviet countries, where and equipment. They should use their During the Central European such traditions almost did not exist. influence to discourage the military from democratic transition, the rule interfering with the democratic processes Introduction of the rule of law needs that have been established, conditioning of law was gradually built in cooperation of different political elites. the continuation of their assistance on Poland. I can even claim that It must start from some fundamental Egypt’s progress in strengthening the rule work on constitutional and legislative of law. Assuring that the new constitution is it is still subject to certain grounds, securing the structure of developed by the parliament soon would be construction works, as we institutions responsible for the rule of law a first crucial step in this direction. have some problems with and strengthening courts. These efforts, however, cannot be compromised after a For many years, the military has enjoyed a efficiency of judiciary, quality of couple of years—there must be a political privileged position in Egyptian society and consensus that achievement of the rule of a dominant role in the country’s politics. judgments and over-production law status requires patience and stability. Egypt’s friends need to convince its military of poor quality legislation. continued on page 4 u

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brutality, conditions of detention, lack of fair trials and violations of freedom of speech. “One may conclude that the mere One may conclude that the mere act of voting and electing the new democratic government does not change automatically act of voting and electing the new the general operation of the state, its practices and typical abuses. Such change democratic government does not is in fact much more difficult and can take years to achieve. change automatically the general As we watch the Arab transitions, one of the major lessons to learn from Poland’s operation of the state, its practices transition is the building of institutions responsible for enforcing the rule of law— and typical abuses.” in Poland’s case, the Commissioner for Human Rights, the Constitutional Court and -Dr. Adam Bodnar administrative courts. The Commissioner could intervene in individual and general cases regarding human rights violations. If after a few years, governments start to their rights, conclude contracts and resolve Its actions impacted many negative neglect the role of the Constitutional Court, different matters. This reliance on law will government practices and prevented then the whole effort may be lost. result in burdening the court system with future violations of human rights. At the thousands of cases. Courts of formerly For example, a number of reforms have been same time, its actions were the ultimate non-democratic countries, however, are made in Hungary. In recent years, however, remedy for many victims. The Constitutional usually not prepared to perform efficiently. powers of main “watchdog”-type institutions Court, year after year, could build the Therefore, during the first phases of were highly restricted, and the power of true meaning of rule of law principles and transformation, emphasis should be put not ruling party was centralized—possibly due underline the value of the Constitution. only on changing legal provisions, but also to insufficient political stability of those on building a justice system able to work All basic principles of the rule of law—such institutions, coupled with lack of awareness in new conditions. Otherwise, courts will as citizens’ trust in state operations, vacatio of political elites. Such things could not face a backlog of cases that will undermine legis, lex retro non agit, principle of legal happen in well-established democracies, achievements of the new political regime and certainty, principle of protection of legitimate such as France, Germany or the U.K. build mistrust in ordinary people. expectations—were interpreted and applied As a human rights lawyer, I see a few major to specific cases on the basis of one general Third, transformation means that those who concerns with the current state of the North constitutional clause. Poland created a system constituted democratic opposition suddenly African transitions, which are already visible of administrative courts that can control start to rule the country. But ruling means to certain extent. legality of decisions issued by administrative they also make difficult decisions, commit organs, offering no better check on efficiency First, after the transformation, there is a mistakes and violate human rights. Certainly, and quality of their operations. Administration great willingness to seek retributive justice, new rulers have a greater public legitimacy should be subject to control, and the citizen especially when settling past wrongs. because they are democratically elected. should have a remedy against its abuses. New democratic governments may not But the method of election does not exempt Administrative courts provided such remedy understand that true justice may be achieved them from potential responsibility for human in tax, building, environmental, social security only with the use of democratic instruments, rights abuses. We already see numerous or property cases, as people are usually not with the tools of dictators. Any person examples of such violations. Therefore, much more concerned about justice in such accused of cooperation with the previous someone must monitor new rulers. It is the small and private issues, than in big human system should have a right to fair trial, right civil society’s role to establish its structures rights problems. to defend him or herself and should not be and organizations—and for human rights subject to torture or degrading treatment. lawyers to start their practice. Contact Dr. Bodnar at: Providing such guarantees may be difficult As an example, the Polish Helsinki Committee [email protected] in practice, as feelings of revenge may be operated in the 1980s in the underground. stronger than abstract democratic ideas. In 1989, some of the members of the However, using democratic tools makes Helsinki Committee decided to join the the whole system more legitimate and new democratic government of Tadeusz accountable in the long term. Mazowiecki. But who watched the new Second, transformation means that the government? Quite early, a new watchdog rule of law becomes a value in the society. organization, the Helsinki Foundation for People may start to rely on law to enforce Human Rights, started to criticize police

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White & Case PAKISTAN NEPAL Opens First BHUTAN Law Library BANGLADESH INDIA

MYANMAR in Bhutan (BURMA) The Kingdom of Bhutan, a small South Asian country INDIAN OCEAN located in the Himalayas, is BAY OF BENGAL undergoing an unprecedented 200MI transition from absolute 500KM monarchy to democracy. In 2007, the country held its first- Since 2009, global law firm White & Case ever parliamentary elections has worked closely with the new government to understand the country’s legal and legal and since then has aspired education needs and provide pro bono to become a center for legal legal advice on topics such as corporate law and foreign direct investment. In 2010, education in the region. But White & Case asked LexisNexis to participate one of the first steps of the in a project to support the law library, helping the Kingdom as it establishes a rule of law- journey was setting up a based legal system. law library. Bhutan’s first law library, opened in the country’s capital of Thimphu, is known 2. as the White & Case Law Library. It offers access to legal reference databases previously unavailable in the country, as legalization, which can lead to happiness, well as legal treatises, statutes and other equality and stability,” said Ian Forrester, law books and materials. head of the White & Case Global Pro Bono Practice. “We are deeply honored to have “This wonderful country is engaged, uniquely the privilege of contributing one reliable in the world, on a path of pursuing human stone in the building of that bridge.” prosperity, not measured financially, but measured morally. That path leads across Prior to opening the library, White & Case a bridge, a bridge of democratization and provided interactive training sessions about how to use the library’s legal reference databases, educating justices, lawyers and clerks from the Supreme and High Courts of Bhutan, as well as district 1. Musicians lead White & Case partner and Global Pro Bono Practice Leader court judges, lawyers from government Ian Forrester, Bhutanese princess Ashi ministries and state-owned companies Sonam Dechan Wangchuck and White and members of Parliament. & Case Counsel Lou O’Neill in the procession to the opening ceremony LexisNexis donated printed materials for the law library. and provides free access to U.K. and U.S. online services. The company also helped 2. White & Case Director of Library and Research Ruth Armstrong leads the firm assemble a collection of legal and a training session on electronic regulatory information and contributed legal research for members of the laptops and other equipment. Bhutanese judiciary and their clerks. 1.

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cities in an effort to pilot a new database to assist law enforcement by recording Tackling the Trafficker: critical information about human trafficking persons of interest that will be accessible Combating Human Trafficking by designated investigators in other parts of the country. Since traffickers often move from city to city with their victims, much at the 2012 Super Bowl data is currently lost in closed hard files located in individual law enforcement offices throughout the country. This database will While fans cheered on the New England Patriots and New allow the information to be shared and used York Giants during Super Bowl XLVI in Indianapolis, behind the in multiple locations simultaneously. scenes, the Indiana Protection for Abused and Trafficked Humans These efforts proved successful. During (IPATH) Task Force—co-chaired by Indiana Attorney General Greg Super Bowl week, the Indianapolis Metropolitan Police Department made 68 Zoeller and the U.S. Attorney’s Office for the Southern District of commercial sex arrests, and two confirmed Indiana—worked for more than seven months to prepare for the human trafficking victims were recovered and returned to their families. One additional off-the-field fight against human trafficking that unfortunately suspected victim is the subject of an ongoing accompanies large sporting events, like the Super Bowl. human trafficking investigation, and the identification of additional victims is likely. compared to 129 advertisements listed two Also, due to considerable pre-game anti- Abigail Kuzma days before the Super Bowl. trafficking publicity, street level prostitution Director & Chief was nearly absent during the week leading Because of this, the Indiana campaign Counsel of the up to the game, as compared to previous against sex trafficking came together Consumer Protection Super Bowls. through a partnership of more than 60 Division groups within IPATH. These groups include Indiana Attorney law enforcement, the government, non- General’s Office profits and faith-based organizations. Also, 396 volunteers—including those from Indiana and other states—joined the fight by contributing their time and talents to prevent Overall, human trafficking generates $32 these crimes. billion a year and is tied with the drug trade The group harnessed the excitement and as the second largest and fastest growing anticipation around the upcoming Super criminal industry in the world, according to Bowl to increase public awareness, provide the International Labor Organization. There needed assistance to law enforcement and is also a strong correlation between missing make critical changes to Indiana’s laws. Of course, human trafficking in Indiana and exploited children and human trafficking. Members of IPATH gave more than 60 existed before the 2012 Super Bowl and The U.S. Justice Department reports that in presentations on identifying and reporting will go beyond game day. But the efforts the U.S., the average age children are pulled human trafficking victims to nearly 3,400 made and volunteers recruited with the into commercial sex is between 12 and 14, people, including law enforcement, cab goal of informing, training and providing and 83 percent of underage sex trafficking drivers, first responders and medical effective outreach, victim services and law victims are U.S. citizens. professionals, prior to the event. enforcement to fight human trafficking will Every year, 1 million children worldwide are continue on an ongoing basis. In addition, nearly 1,000 booklets exploited through the commercial sex trade, featuring the names and photos of missing Volunteers, law enforcement, non-profits with nearly 300,000 children in danger of children were printed and distributed to and companies like LexisNexis helped make becoming sexual commodities here in the Indianapolis-area hotels leading up to the this campaign an unprecedented effort to U.S., according to the National Center for Super Bowl. Due to the strong correlation prevent human trafficking, recover victims Missing and Exploited Children. One of the between missing children and underage sex and deter traffickers. ways these children are “marketed and sold” trafficking, the booklets were given to law is through Internet sites like BackPage.com, Portions of this article were taken from “Game Plan enforcement and the hospitality industry to an online classified site. KlaasKids Foundation to Fight Human Trafficking: Lessons from Super Bowl help identify and report these children. for Children reported that in December XLVI,” written by Abigail Kuzma, which will be the 2011 only two advertisements appeared To further combat trafficking, IPATH worked lead article in the next issue of the DePaul Journal of on Backpage.com for female escorts, as with LexisNexis to join other targeted Women, Gender and the Law.

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Nigerian Lawyer Chief Olufolake Solanke Honored by IBA for Work Advancing Women in Law

Chief Solanke’s life achievements have Her pro bono and humanitarian work over In April, the International inspired many female lawyers to break the years, particularly in protecting the Bar Association (IBA) honored through the glass ceiling. She was selected rights of women and children, has also Nigerian Lawyer Chief as the first female cabinet minister in the earned her recognition and accolades, Western Region of Nigeria in 1972, while including her appointment as life patron Olufolake Solanke with the simultaneously serving as Chairman of the of the International Federation of Women Outstanding International first television station of Africa. Her diligence Lawyers. In her capacity as life patron, in her career earned her the prestigious Chief Solanke works to confront societal Woman Lawyer of the Year rank of Senior Advocate of Nigeria in evils, such as sexual assault on vulnerable 2012 award in recognition 1981, making her the first female legal girls, and also delivers lectures on of her personal success and practitioner to reach this position. human rights issues and the rule of law. In recent years, she has been awarded In 1970, she joined Zonta International, leadership in advancing honorary Doctorate degrees from three an international organization of business separate universities in recognition of her opportunities for women executives and professionals working contributions to her country. within the legal profession. together to advance the status of women worldwide. She served as president from At 80 years old, Chief Solanke remains 1994 to 1996—the first non-Caucasian actively involved in legal practice and to be elected. During her tenure, humanitarian projects, frequently speaking Chief Solanke operated under the theme publicly about issues of national and “Zonta Agenda for Action: Women’s international relevance. Health, Human Rights and World Harmony,” “It is a pleasure to be recognized by such a under which she encouraged members to distinguished group, and I am honored to conduct service projects to improve be the recipient of the IBA’s Outstanding their local communities. International Woman Lawyer Award,” said Chief Solanke. “In my professional life since NIGER MALI 1963, I have labored to have a positive SUDAN BURKINA CHAD impact on younger lawyers. I emphasize FASO GUINEA professional responsibility to uphold high BENIN professional standards, to reject mediocrity SIERRA NIGERIA LEONE TOGO and aspire to reach the very top of the CÔTE CENTRAL SOUTH D’LVOIRE GHANA AFRICAN SUDAN profession.” REPUBLIC LIBERIA The Outstanding International Woman CAMEROON Lawyer award, sponsored by LexisNexis,

100MI EQUATORIAL includes a gift of a charitable donation, GUINEA UGANDA which Chief Solanke plans to give to 200KM CONGO DR CONGO GABON Zonta International.

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1.8 million children are exploited in Measuring the global commerical sex trade (this figure is thought to be much higher Global due to the underground dealing of traffickers). Awareness of Human Trafficking

According to the Royal Canadian Human trafficking is an escalating Mounted Police, every year crime across the world, with the 600-800 women and children United Nations estimating that are trafficked into Canada from around the world. some 800,000 people are trafficked Another 2,000 people are annually in one form or another. trafficked from Canada into United States of America each It is an increasingly lucrative criminal activity that and every year. generates an estimated $32 billion each year for organized crime networks across the world, putting it almost on par with arms dealing and drug smuggling. According to the Human Trafficking Foundation in London, there are more people in slavery today than during the entire 350-year history of the slave trade. In the U.K., anti-human trafficking advocates now have According to the US State Department, 60,000 to 820,000 a valuable new tool to help them raise awareness. women and children are trafficked across international Launched in June 2012, the Human Trafficking borders each year. 80% are women and girls, and 50% are Awareness (HTA) Index from LexisNexis tracks and under the age of 18. analyzes the volume of news articles within Nexis® related to human trafficking. The free service uses a licensed collection of almost 6,000 of the most influential news sources from more than 120 countries, According to the UN, highlighting emerging trends and patterns of awareness human trafficking is the within and across national borders. third-largest and fastest- growing criminal industry Activists working to combat human trafficking can use in the world. this information to highlight and raise awareness to inform their efforts and gain greater understanding of the news. Advocates have already started seeing the benefits from the HTA Index.

According to the Human Trafficking Foundation in London, there are more people in slavery today than in the entire 350 year history of the slave trade. They also suggest that 1 in 8 victims is in Europe.

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Leveraging Corporate Expertise to Further the Rule of Law

human rights advocate and founder of and corporate lawyers can help improve AFESIP, it was clear there was a compelling the effectiveness of fledgling legal systems need to help. Interestingly, instead of asking by delivering reliable legal information, solely for monetary support, Somaly asked consolidating, editing, updating and Ian McDougall LexisNexis to lend its skills and experience in publishing the laws—thereby promoting Executive Vice President human resources, talent management and the rule of law. & General Counsel development, marketing and fundraising, Using business acumen in this manner also LexisNexis Legal & strategy and technology. The real need was makes strategic business sense. As corporate Professional the business expertise LexisNexis could bring citizens, we’re all looking for countries as a corporation and through its employees. with consistent, effective regulatory and Legal professionals can play a unique role procedural structures—and access to the in developing and implementing corporate courts. Clearly, our businesses can better Through new ways of thinking citizenship programs as tools in advancing thrive where there is strong adherence to about how we support the the rule of law, in particular to: the rule of law. communities where we live • Support corporate integrity, compliance Ian McDougall, Executive Vice President and work, we are finding that and good governance. and General Counsel for LexisNexis Legal & Professional, recently led an ABA Rule of Law • Help define standards and positions companies can actually provide Initiative panel discussion on this topic at the on anti-corruption, environmental ABA Annual Meeting in Chicago. more societal benefit by using sustainability, human rights, supplier their innate expertise and conduct and other policies beyond what is resources—rather than simply legally required. writing a check. Businesses play • Help ensure corporations stay true to their corporate social responsibility a critical role in establishing commitments. and promoting the rule of law, Moreover, no legal system can hope to together with citizens, non- achieve justice, stability, development and the protection of its citizens under governmental organizations, circumstances where the content of the law institutions and governments. is subject to uncertainty. Lawyers have the distinct ability to participate in efforts like Savvy non-profit organizations know the creation of an effective and up-to-date they can benefit from these types of legal referencing system for developing contributions. For example, when LexisNexis nations around the world. Leveraging first spoke with Somaly Mam, the Cambodian corporate and legal expertise, law firms

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Mike Walsh Chief Executive Officer LexisNexis Legal & Professional

More specifically, LexisNexis The rule of law is generally defined LexisNexis and promotes the rule of law by: as being present when there is adherence to the following four • Providing products and services that universal principles: the Rule of Law enable customers to excel in the practice and business of law, and that • The government and its officials and The rule of law is a theme help justice systems, governments and agents are accountable under the law. business to function more effectively, that unifies LexisNexis around • The laws are clear, publicized, stable efficiently and transparently. the world and one that is and fair, and protect fundamental • Documenting local, national and rights, including the security of passionately supported international laws and making them persons and property. accessible in print and online to by the company’s people. • The process by which the laws are citizens and professionals in the public enacted, administered and enforced LexisNexis is committed to and private sector. is accessible, fair and efficient. actively working to advance • Partnering with governments and • Justice is delivered by competent, the rule of law through non-profit organizations to make independent, and ethical justice systems more efficient and its day-to-day business, representatives and judicial officers transparent. products and services, who are of sufficient number, have • Supporting corporate citizenship adequate resources, and reflect the and its actions as a initiatives that strengthen civil society makeup of the communities they serve. corporate citizen. and the rule of law across the globe.

FEEDBACK AND SUGGESTIONS Please contact us with feedback on these articles or to share your own perspective on the rule of law. [email protected] [email protected] © 2012 LexisNexis. All rights reserved.

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