This record is a partial extract of the original cable. The full text of the original cable is not available.

UNCLAS SECTION 01 OF 02 ROME 001616 
 
SIPDIS 
 
FROM U.S. MISSION IN ROME 
 
STATE FOR IO AND AFGHANISTAN DESK 
 
USAID FOR DCHA/AA, DCHA/OFDA, ANE/AA, ANE/ESA AND GC 
USUN FOR LEGAL OFFICE AND POL 
 
E.O. 12958: N/A 
TAGS: EAID AF IDLI AF EAID IDLI AFGHANISTAN
SUBJECT:  INTERNATIONAL DEVELOPMENT LAW INSTITUTE (IDLI) 
                       UNCLASSIFIED 
 
PAGE 02        ROME  01616  01 OF 02  291935Z 
PROPOSAL TO SUPPORT LEGAL REFORM IN AFGHANISTAN 
 
REF: A. 01 ROME 6330   B. ROME 1544 
 
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SUMMARY 
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¶1.  U.S. MISSION REPRESENTATIVES MET WITH STAFF OF THE ROME- 
BASED INTERNATIONAL DEVELOPMENT LAW INSTITUTE(IDLI)ON MARCH 
27 TO DISCUSS IDLI'S PROPOSED LEGAL REFORM INITIATIVE IN 
AFGHANISTAN. IDLI ADVISED U.S. MISSION OF ITS ONGOING 
EFFORTS TO DEVELOP A COMPREHENSIVE DATABASE ON AFGHAN LAW, A 
COMPARATIVE ANALYSIS OF PRIOR LEGAL SYSTEMS AND A ROSTER OF 
AFGHAN LAW EXPERTS. IDLI STAFF BRIEFED U.S. MISSION ON 
PROPOSED ACTIVITIES IN AFGHANISTAN WHICH INCLUDE ASSISTANCE 
IN DEVELOPING A NEW CONSTITUTION AND A NEW LEGAL FRAMEWORK 
AND THE TRAINING OF NEW JUSTICE SECTOR PERSONNEL.  IDLI 
STAFF ADVISED THAT THE GOVERNMENT OF ITALY IS VERY 
INTERESTED IN PROVIDING SUPORT TO THE JUSTICE SECTOR IN 
AFGHANISTAN, ALTHOUGH NO FIRM COMMITMENT HAS BEEN MADE TO 
DATE. END SUMMARY. 
 
¶2.  US MISSION HUMANITARIAN AFFAIRS ATTACHE, TIM LAVELLE, 
AND PROGRAM SPECIALIST JANE STANLEY MET WITH WILLIAM LORIS, 
DIRECTOR OF THE INTERNATIONAL DEVELOPMENT LAW INSTITUTE 
(IDLI) AT IDLI'S ROME HEADQUARTERS ON MARCH 27, 2002.  IDLI 
IS A PUBLIC INTERNATIONAL ORGANIZATION WHOSE MANDATE IS TO 
"PROMOTE THE USE OF LEGAL RESOURCES IN THE DEVELOPMENT 
PROCESS IN DEVELOPING AND TRANSITION ECONOMY COUNTRIES." THE 
PURPOSE OF THIS MEETING WAS TO DISCUSS IDLI'S PROPOSED 
                       UNCLASSIFIED 
 
PAGE 03        ROME  01616  01 OF 02  291935Z 
PROGRAM IN AFGHANISTAN. 
 
¶3.  LORIS AND HIS STAFF EXPLAINED THAT IDLI BEGAN TO DEVELOP 
ITS PROPOSED LEGAL REFORM INITIATIVE FOR AFGHANISTAN SHORTLY 
AFTER SEPTEMBER 11.  TO DATE, THEY HAVE PUT TOGETHER AN 
EXTENSIVE DATABASE ON AFGHAN LAW IN FORCE FROM 1900 TO THE 
PRESENT DAY IN ENGLISH, PASHTU AND DARI AND DEVELOPED A 
COMPARATIVE ANALYSIS OF PRIOR LEGAL SYSTEMS.  IDLI STAFF 
STATED THEIR RESEARCH HAS DEMONSTRATED THAT AFGHANISTAN 
POSSESSES AN ELABORATE AND SOPHISTICATED LEGAL TRADITION. 
THE PROBLEM IS THAT MOST LAWYERS HAVE LEFT THE COUNTRY.  TO 
ADDRESS THIS CONCERN, IDLI HAS ALSO DEVELOPED A ROSTER OF 
QUALIFIED EXPERTS AND SCHOLARS ON AFGHAN LAW THAT CAN 
READILY BE MADE AVAILABLE TO ASSIST AFGHAN AUTHORITIES IN 
REBUILDING THE COUNTRY'S LEGAL FRAMEWORK. 
 
¶4.  IDLI PROVIDED U.S. MISSION REPS WITH A CONCEPT PAPER FOR 
A PROPOSED IDLI AFGHANISTAN INITIATIVE.  THE PURPOSE OF THIS 
INITIATIVE IS TO "ASSIST THE AFGHAN AUTHORITIES TO RESTORE 
THE RULE OF LAW THROUGH LEGAL TECHNICAL ASSISTANCE, TRAINING 
AND CAPACITY BUILDING TO ALLOW AFGHANISTAN'S  TRANSITION TO 
A MODERN DEMOCRATIC STATE IN ACCORDANCE WITH ISLAMIC 
PRINCIPLES, INTERNATIONAL STANDARDS, THE PRINCIPLE OF 
LEGALITY AND AFGHAN LEGAL TRADITIONS." 
 
¶5.  THROUGH THIS INITIATIVE, IDLI PROPOSES TO HELP THE TWO 
COMMISSIONS ESTABLISHED UNDER THE BONN AGREEMENT TO HELP THE 
AFGHAN INTERIM AUTHORITY (AIA) REBUILD A LEGAL FRAMEWORK FOR 
AFGHANISTAN--THE CONSTITUTIONAL COMMISSION, WHOSE MANDATE IS 
TO PRODUCE A NEW CONSTITUTION, AND THE JUDICIAL COMMISSION, 
CHARGED WITH RE-ESTABLISHING THE JUDICIARY AND THE REMAINDER 
                       UNCLASSIFIED 
 
PAGE 04        ROME  01616  01 OF 02  291935Z 
OF AFGHANISTAN'S LEGAL FRAMEWORK. 
 
¶6.  SPECIFICALLY IDLI PROPOSES TO: 
 
--ASSIST THE AIA BY IDENTIFYING LAWS THAT ARE IMMEDIATELY 
APPLICABLE, IN COMPLIANCE WITH BONN AGREEMENT PRINCIPLES; 
IDENTIFYING CHANGES THAT NEED TO BE MADE TO OTHER LAWS AND 
REGULATIONS AND DEVELOPING A STRATEGY FOR REBUILDING THE 
JUSTICE SYSTEM. 
 
--  ASSIST THE NEW JUDICIAL COMMISSION BY PROVIDING TRAINING 
AND TECHNICAL ASSISTANCE TO NEWLY APPOINTED JUSTICE 
PERSONNEL; CONSULTING ON THE APPLICABILITY OF PRIOR LAWS ON 
THE JUDICIARY AND JUDICIAL PROCEDURES; IDENTIFY ALTERNATIVE 
OPTIONS FOR JUDICIAL STRUCTURES; AND ADVISING ON OTHER LAWS 
REQUIRED TO ESTABLISH A COMPLETE LEGAL FRAMEWORK. 
 
-- ASSIST THE CONSTITUTIONAL COMMISSION IN DEVELOPING A NEW 
CONSTITUTION BY PROVIDING COMPARATIVE ANALYSES OF DIFFERENT 
MODELS; ANALYZING VARIOUS OPTIONS; AND PROVIDING THE 
EXPERTISE OF LEGAL PROFESSIONALS AND SCHOLARS FROM COUNTRIES 
WITH LEGAL AND CULTURAL TRADITIONS SIMILAR TO THOSE OF 
AFGHANISTAN. 
 
                       UNCLASSIFIED 
 
                           UNCLASSIFIED     PTQ5247 
 
PAGE 01        ROME  01616  02 OF 02  291935Z 
ACTION IO-00 
 
INFO  LOG-00   NP-00    AID-00   AMAD-00  CIAE-00  COME-00  CTME-00 
      DODE-00  ITCE-00  SRPP-00  EB-00    EXME-00  EUR-00   UTED-00 
      TEDE-00  INR-00   ITC-01   L-00     NEA-00   NSAE-00  OIC-02 
      OMB-01   OPIC-01  SS-00    STR-00   TEST-00  TRSE-00  SA-00 
      SAS-00     /005W 
                  ------------------7C9706  291956Z /38 
R 291848Z MAR 02 
FM AMEMBASSY ROME 
TO SECSTATE WASHDC 3033 
AMEMBASSY KABUL 
AMEMBASSY ISLAMABAD 
USEU BRUSSELS 2613 
USMISSION GENEVA 
USMISSION USUN NEW YORK 
 
UNCLAS SECTION 02 OF 02 ROME 001616 
 
SIPDIS 
 
FROM U.S. MISSION IN ROME 
 
STATE FOR IO AND AFGHANISTAN DESK 
 
USAID FOR DCHA/AA, DCHA/OFDA, ANE/AA, ANE/ESA AND GC 
USUN FOR LEGAL OFFICE AND POL 
 
E.O. 12958: N/A 
TAGS: EAID AF IDLI AF EAID IDLI AFGHANISTAN
SUBJECT:  INTERNATIONAL DEVELOPMENT LAW INSTITUTE (IDLI) 
                       UNCLASSIFIED 
 
PAGE 02        ROME  01616  02 OF 02  291935Z 
PROPOSAL TO SUPPORT LEGAL REFORM IN AFGHANISTAN 
 
-- ASSIST AFGHAN AUTHORITIES IN CREATING LEGAL AND JUDICIAL 
TRAINING CENTERS. 
 
¶7. IDLI IS CURRENTLY SOLICITING DONOR SUPPORT FOR ITS 
PROPOSAL AND INFORMED U.S. MISSION THAT THE GOVERNMENT OF 
ITALY HAS EXPRESSED INTEREST IN TAKING A LEAD ROLE IN 
REBUILDING THE JUDICIAL SECTOR IN AFGHANISTAN, ALTHO 
UGH 
THERE HAS BEEN NO FIRM COMMITMENT TO DATE. IDLI INDICATED 
THAT, ONCE FUNDING IS RECEIVED, IT WILL BE ABLE TO MOBILIZE 
IMMEDIATELY. 
 
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COMMENT 
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¶8.  IDLI IS CURRENTLY A SMALL INSTITUTE THAT, SINCE ITS 
INCEPTION IN 1983, HAS CONDUCTED MANY VALUABLE LEGAL 
TRAINING PROGRAMS IN DEVELOPING COUNTRIES.  PER REF B, IT IS 
SEEKING TO EXPAND ITS MANDATE AND THERE IS CONCERN THAT THIS 
EXPANSION MAY BE A LITTLE TOO AMBITIOUS. A RECENT 
USAID/WASHINGTON TDY REVIEW OF IDLI'S SOUTH EAST LEGAL 
DEVELOPMENT INITIATIVE (SEDLI) IN STABILITY PACT COUNTRIES 
INDICATED THAT IDLI WAS EXPERIENCING GROWING PAINS IN MOVING 
FROM DEVELOPING METHODOLOGY AND CONDUCTING SURVEYS AND 
CONFERENCES TO ACTUAL PROGRAM IMPLEMENTATION WHERE RESULTS 
OF SURVEYS AND CONFERENCES ARE UTILIZED. 
 
¶9. KABUL-MINIMIZE CONSIDERED.  HEILEMAN 
                       UNCLASSIFIED 
 
PAGE 03        ROME  01616  02 OF 02  291935Z 
 
                       UNCLASSIFIED 
 
> 
 2002ROME01616 - Classification: UNCLASSIFIED