Anna Lindh Forum 2010
     Barcelona, Spain
     4-7 March 2010




       Jamil Salem
  Institute of Law, Birzeit
         University
Outline
I. Overview
II. Establishment of the IoL
III. IoL Structure (2005-2010)
IV. Resources
V. Functions of the IoL
VI. Methodology
VII.Activities
VIII.Future Plans
I. Overview
• 1993 Law Centre established.
• 1996 MA Programme.
• 2000 Al-Muqtafi online available.
• 2003 Faculty of Law & Public
  Administration established.
• 2005 Socio-Legal Research
• 2010- ? (Preparation of a new
  strategic & conceptual approach!)
II. Establishment of the IoL
  Birzeit University established the IoL
  in 1993/1994 in order to

Promote the rule of law in Palestine by

• Developing the necessary legal
  infrastructures,

• Building human and institutional
  capacities on the academic and
  professional levels.
III. IoL Structure (2005 – 2010)
IV. Resources
Financial Resources:
• Donors: (Belgium, CIDA-Canada, France,
   Denmark, FFF, KAS, IDRC, UNDP, ...)
• 2 Endowments.
Human Resources:
• 53 employees (24 Core employees, 29
   short term contracts)
• 5 PhD Students (Austria, Belgium,
   Switzerland and Tunisia)
• 4 MA Students
IoL Montesquieu Library
• The only specialized Law Library in
   Palestine
V. Functions of the IoL
• Constitutes a centre for legal research,
  continuing legal education, and legal
  information.
• The IoL serves as a focal centre for
  information, scholarly and applied
  research on rule of law related issues in
  Palestine.
• Challenges jurists, political scientists and
  educators to think systematically and
  creatively about the problems of the
  legal system in Palestine.
• Has extensive international connections.
VI. Methodology (a)

• Team Work (Multidisciplinary
  Research Team)
• Field Research (Interviews, Surveys,
  etc.)
• Workshops
• Training
• Evaluation
Methodology & Gender (b)
• A Cross-Cutting Theme in all IoL’s
  Activities
• “Women's Rights Charter” in
  cooperation with the Ministry of
  Women's Affairs.
• Preparing training materials for
  Palestinian policewomen.
• Contributing to efforts of the
  Ministry of Justice in establishing a
  "Gender Department“.
VII. Activities of the IoL
1.   Research & Publication

2.   Legislative Assistance and Legislative
     Drafting

3.   Establishing comprehensive and modern
     legal information and documentation
     resources (Al-Muqtafi & Montesquieu
     Library)

4.   Offering Continuing Legal Education

5.   Outreach
1. Research &
Publication
    The IoL is focusing on comparative and interdisciplinary
    research in the following areas:

•   Legislative Support (First Legislative Drafting Manual in
    the region, various studies on the Palestinian Legislative
    Process, Initiation of a DIPLOMA in Legislative Drafting)

•   Law and Society Department (Socio Legal research)

•   Constitutional Law (Security Sector Reform and Human
    Rights)

•   Law and Economy (Guide on How to do Business in
    Palestine & a Study on SMEs)

•   International Law (Palestine Yearbook of International
    Law)
2. Legislative Support &
     Legislative Drafting (a)
Theoretical and Applied Research
 First Legislative Drafting Manual in the
  Region (1999),
 Legislative Harmony in Palestine: A
  Preliminary Survey (2004),
 The Legislative Process between
  Theory and Application (2005),
 Legal and Regulatory Framework of
  the Government’s Administration of
  the Legislative Process: The Palestinian
  Context (2007).
Legislative Support &
    Legislative Drafting (b)
IoL’s experience in drafting laws:
  The Palestinian Basic Law
  Labour Law
  Child Law
  Draft Law on the Cultural Heritage
  Draft Land Law
  Draft Audio-Visual Law
  Draft Company Law
  Reviews of various draft laws
Legislative Support &
     Legislative Drafting (c)
IoL’s experience in drafting secondary
     legislation:
  Regulations and bylaws of the
   Labour Law,
  Regulations and bylaws of the Law
   on Social Insurances,
  Regulations Concerning Licences of
   Medical Professions and Health
   Facilities,
  Regulations concerning Public
   Purchases.
Legislative Support &
     Legislative Drafting (cd
DIPLOMA in LEGISLATIVE
  DRAFTING
1. Primary Courses
 Policy-Making
 General Legislative Theory in Palestine
 Legislative Harmony and Associated Problems
 Applications of Good Legislative Drafting
 Mechanism of developing a Research Report as a
  tool to examine problems addressed by draft laws
 Regulatory Impact Assessment
2. Supplementary Courses
 Legal Research Methodology
 Legal Terminology in English
 Arabic Language – Linguistic Rules in Legislative
  Drafting
 Information Technology in Legislative Drafting
2. The Palestinian Legislation &
   Court Judgments Database
          (Al-Muqtafi)



                Al-
               Muqtafi




Consolidated               Court
 Legislation             Judgments
2. The Palestinian Legislation &
     Court Judgments Database
            (Al-Muqtafi)

Content:
  – Consolidated legislation since the
    Ottoman period available in XML
  – Court Judgments (23,000 judgments)
  – Legal Dictionary (A/E)
  – Court Judgments Classification
    Scheme (KASHAF)
  – Legal Thesaurus (A/E)
  – Ontology (available for Labour Law)
3. Continuing Legal
Education

• KARAMAH Initiative for Judicial
  Independence and Human
  Dignity
• Professional Diploma in Legal
  Practice for Young Lawyers
• Legislative Drafting Diploma
• Training Palestinian Civil Police
• Legal Encounters & Conferences
4. Outreach
• Outreach: targeting key stakeholder
  groups, Media and civil society
  organizations through KARAMAH and
  SSR.

• MoUs with the Council of Ministers,
  MoJ, MoI, HJC, and the PBA.

• Conferences and Encounters.

• Offering a neutral forum for debate.
VIII. Future Plans
•   Launching the Diploma Programme in Legislative
    Drafting (Jan 2011)
•   Developing a Family Court Judgments Database
    (2011-2012)
•   Review Labour Law related Legislation in
    cooperation with the MoL (2011)
•   Developing Curricula for training Judges, Public
    Prosecutors and Local Government Staff (2011-
    2012)
•   Cooperation with the HJC (Al-Mizan & Judicial
    Education) and the MoJ (Official Gazette) (2011-
    2012)
•   Feasibility Study – MA Programme in Law, Society
    and Gender in cooperation with the Institute of
    Women Studies.
•   Preparation of a new Strategic Plan.
Thank You


                Jamil Salem
   Institute of Law, Birzeit University,
P.O. Box 14, Birzeit, West Bank, Palestine
            Tel:++ (2) 298 2009
           Fax:++ (2) 298 2137
      http://lawcenter.birzeit.edu

Institute of Law, Birzeit University: Law in Context

  • 1.
    Anna Lindh Forum2010 Barcelona, Spain 4-7 March 2010 Jamil Salem Institute of Law, Birzeit University
  • 2.
    Outline I. Overview II. Establishmentof the IoL III. IoL Structure (2005-2010) IV. Resources V. Functions of the IoL VI. Methodology VII.Activities VIII.Future Plans
  • 3.
    I. Overview • 1993Law Centre established. • 1996 MA Programme. • 2000 Al-Muqtafi online available. • 2003 Faculty of Law & Public Administration established. • 2005 Socio-Legal Research • 2010- ? (Preparation of a new strategic & conceptual approach!)
  • 4.
    II. Establishment ofthe IoL Birzeit University established the IoL in 1993/1994 in order to Promote the rule of law in Palestine by • Developing the necessary legal infrastructures, • Building human and institutional capacities on the academic and professional levels.
  • 5.
    III. IoL Structure(2005 – 2010)
  • 6.
    IV. Resources Financial Resources: •Donors: (Belgium, CIDA-Canada, France, Denmark, FFF, KAS, IDRC, UNDP, ...) • 2 Endowments. Human Resources: • 53 employees (24 Core employees, 29 short term contracts) • 5 PhD Students (Austria, Belgium, Switzerland and Tunisia) • 4 MA Students IoL Montesquieu Library • The only specialized Law Library in Palestine
  • 7.
    V. Functions ofthe IoL • Constitutes a centre for legal research, continuing legal education, and legal information. • The IoL serves as a focal centre for information, scholarly and applied research on rule of law related issues in Palestine. • Challenges jurists, political scientists and educators to think systematically and creatively about the problems of the legal system in Palestine. • Has extensive international connections.
  • 8.
    VI. Methodology (a) •Team Work (Multidisciplinary Research Team) • Field Research (Interviews, Surveys, etc.) • Workshops • Training • Evaluation
  • 9.
    Methodology & Gender(b) • A Cross-Cutting Theme in all IoL’s Activities • “Women's Rights Charter” in cooperation with the Ministry of Women's Affairs. • Preparing training materials for Palestinian policewomen. • Contributing to efforts of the Ministry of Justice in establishing a "Gender Department“.
  • 10.
    VII. Activities ofthe IoL 1. Research & Publication 2. Legislative Assistance and Legislative Drafting 3. Establishing comprehensive and modern legal information and documentation resources (Al-Muqtafi & Montesquieu Library) 4. Offering Continuing Legal Education 5. Outreach
  • 11.
    1. Research & Publication The IoL is focusing on comparative and interdisciplinary research in the following areas: • Legislative Support (First Legislative Drafting Manual in the region, various studies on the Palestinian Legislative Process, Initiation of a DIPLOMA in Legislative Drafting) • Law and Society Department (Socio Legal research) • Constitutional Law (Security Sector Reform and Human Rights) • Law and Economy (Guide on How to do Business in Palestine & a Study on SMEs) • International Law (Palestine Yearbook of International Law)
  • 12.
    2. Legislative Support& Legislative Drafting (a) Theoretical and Applied Research  First Legislative Drafting Manual in the Region (1999),  Legislative Harmony in Palestine: A Preliminary Survey (2004),  The Legislative Process between Theory and Application (2005),  Legal and Regulatory Framework of the Government’s Administration of the Legislative Process: The Palestinian Context (2007).
  • 13.
    Legislative Support & Legislative Drafting (b) IoL’s experience in drafting laws:  The Palestinian Basic Law  Labour Law  Child Law  Draft Law on the Cultural Heritage  Draft Land Law  Draft Audio-Visual Law  Draft Company Law  Reviews of various draft laws
  • 14.
    Legislative Support & Legislative Drafting (c) IoL’s experience in drafting secondary legislation:  Regulations and bylaws of the Labour Law,  Regulations and bylaws of the Law on Social Insurances,  Regulations Concerning Licences of Medical Professions and Health Facilities,  Regulations concerning Public Purchases.
  • 15.
    Legislative Support & Legislative Drafting (cd DIPLOMA in LEGISLATIVE DRAFTING 1. Primary Courses  Policy-Making  General Legislative Theory in Palestine  Legislative Harmony and Associated Problems  Applications of Good Legislative Drafting  Mechanism of developing a Research Report as a tool to examine problems addressed by draft laws  Regulatory Impact Assessment 2. Supplementary Courses  Legal Research Methodology  Legal Terminology in English  Arabic Language – Linguistic Rules in Legislative Drafting  Information Technology in Legislative Drafting
  • 16.
    2. The PalestinianLegislation & Court Judgments Database (Al-Muqtafi) Al- Muqtafi Consolidated Court Legislation Judgments
  • 17.
    2. The PalestinianLegislation & Court Judgments Database (Al-Muqtafi) Content: – Consolidated legislation since the Ottoman period available in XML – Court Judgments (23,000 judgments) – Legal Dictionary (A/E) – Court Judgments Classification Scheme (KASHAF) – Legal Thesaurus (A/E) – Ontology (available for Labour Law)
  • 18.
    3. Continuing Legal Education •KARAMAH Initiative for Judicial Independence and Human Dignity • Professional Diploma in Legal Practice for Young Lawyers • Legislative Drafting Diploma • Training Palestinian Civil Police • Legal Encounters & Conferences
  • 19.
    4. Outreach • Outreach:targeting key stakeholder groups, Media and civil society organizations through KARAMAH and SSR. • MoUs with the Council of Ministers, MoJ, MoI, HJC, and the PBA. • Conferences and Encounters. • Offering a neutral forum for debate.
  • 20.
    VIII. Future Plans • Launching the Diploma Programme in Legislative Drafting (Jan 2011) • Developing a Family Court Judgments Database (2011-2012) • Review Labour Law related Legislation in cooperation with the MoL (2011) • Developing Curricula for training Judges, Public Prosecutors and Local Government Staff (2011- 2012) • Cooperation with the HJC (Al-Mizan & Judicial Education) and the MoJ (Official Gazette) (2011- 2012) • Feasibility Study – MA Programme in Law, Society and Gender in cooperation with the Institute of Women Studies. • Preparation of a new Strategic Plan.
  • 21.
    Thank You Jamil Salem Institute of Law, Birzeit University, P.O. Box 14, Birzeit, West Bank, Palestine Tel:++ (2) 298 2009 Fax:++ (2) 298 2137 http://lawcenter.birzeit.edu