International Legal Alliances

Mission

Practical Legal Solutions

Microjustice
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Method

Programmes

  .Ex-Yugoslavia
     Missions
     Impact 50 cases
     Services network
  .Bolivia "Español"    

Partnership

Cross-Border Legal Programme in the Former Yugoslavia
The main current programme is the Cross-Border Legal Programme, which has successfully been implemented with the local partners the Humanitarian Centre for Integration and Tolerance (HCIT) in Serbia-Montenegro and Transitions to Democracy (ToD) in Croatia. The Programme provides durable solutions to the displaced population in Serbia by restoring their rights in Croatia, Bosnia-Herzegovina and Kosovo.

A prerequisite for the effective implementation of the cross-border legal programme is that the activities designed to benefit the displaced population in the country/region of asylum, and the solutions in their countries/regions of origin, are managed by one and the same organizational structure. This requires working with a network of local lawyers/paralegals covering all places in the country of origin and legal organisations in the country/region of asylum referring the displaced to the programme. The displaced population is reached through mobile teams or through referral by a network of legal organisations. ILA develops the organizational structure, by involving a partner organisation on each side of the border, who themselves have the local network and expertise, and are responsible for the implementation. Once the procedures are well-defined, ILA has a facilitative function, providing support and international embedment.

The development of the rule of law must be included in the cross-border legal programme in order for the legal services to have impact. The international community has to put pressure on the countries of origin so that the administrative and court system can swiftly arrange the legal and administrative issues without discrimination. For public influencing, ILA works together with other legal and human rights organisations to speed up legal and administrative procedures and to overcome the bureaucratic obstacles.

Value Added of Access to Rights

• Concrete solutions provided against relatively low costs

• Durable and sustainable solutions; displaced people become integrated citizens

• Freedom of choice of the displaced is respected

• Return of rights now, frustrates factual expiration and/or loss of rights in the future

• Prevention of frustration and violence

• Contribution to the development of the Rule of Law

Access to rights for the displaced populations is the most structural and democratic rehabilitation at the basis of social, political and economical participation. Access to rights is precondition for the displaced persons to lose their displaced status and to participate in sustainable development and democratisation.

Activity Programme
The Programme concerns cross-border legal projects in Serbia-Montenegro, Colombia and Sudan: developing practical legal solutions for the displaced populations, building up the local partners’ capacity in providing access to rights, practical human rights training, training-the-trainers, facilitating lawyers platforms, public influencing, and development of civil society through the combination of these activities.

On the basis of ILA’s legal expertise and its experience in Serbia-Montenegro, projects have been prepared for Colombia and Sudan. These countries face major displaced populations’ crisis with in Colombia over 2 million and in Sudan over 4 million displaced persons. An approach focused on the access to rights to solve the practical legal problems of the target group, fills an important gap in the assistance efforts in these countries. Local organisations in Colombia and Sudan have asked ILA to develop cross-border legal projects.

Serbia-Montenegro: continuation to help resolve the displaced population crisis in Serbia, shifting gradually the emphasis for the solutions from Croatia to Kosovo, and rendering the developed local legal structures sustainable.

Sudan: The wars have devastated civil society and legal structures in the South. Focus will be on building up legal structures, which will involve paralegal procedures. ILA has developed cooperation with the local partner PLACE, which works both in the South and North of Sudan.

Colombia: civil society and legal infrastructures are well developed, however there is an important gap between the laws and regulations, and the practice in the field. Displaced persons, especially the most vulnerable groups (women head of households and indigenous), have in practice no access to rights. The Project will: 1) arrange in great number documentation issues, which provide access to many other rights, and 2) push for the proper implementation of laws, with focus on return of property. ILA has developed partnerships with the National Network of Women and an organisation working with indigenous IDPs.