Preparing for Effective Policy-Making
In this comprehensive guide, learn about the preparatory steps, objectives, technical choices, knowledge, suggested actions, and the importance of legal reviews in the policy-making process. Explore key notions, suggested workshops, and the necessity of legal reviews to address displacement issues effectively.
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Presentation Transcript
Initiating the process: preparatory steps 1
Objectives Highlight the main undertakings in preparing a law or policy-making process Explain why certain actions need to be taken in preparation for drafting Suggest ways of increasing knowledge and undertanding of displacement in the initial stages Understand why, when and how to conduct a review of national legislation 3
Preparatory steps Technical choices Contents Technical support Scope Political decision- making Type Displacement facts and concepts Knowledge Sensitisation Data collection Understanding Legal review 4
Knowledge and understanding Key notions IDPs IDPs concerns Communities affected by displacement Displacement process Response Durable solutions Knowledge Understanding 5
Suggested actions Technical and legal workshops Multi-stakeholder conferences Field and exposure visits Joint needs assessments Public hearings Open debates Awareness-raising campaigns 6
Why a legal review? Objective To determine the extent to which the existing framework: a. addresses displacement adequately b. creates obstacles to IDPs protection and assistance c. contains gaps related to IDPs protection and assistance Legal review 7
Do we need a legal review? Necessity and added value Capacities Evaluation of national capacity and expertise Gaps in existing laws? Time consuming process (Law or policy?) Unintended obstacles? Contradictions between existing laws and the new instrument? Interpretation of existing laws in light of national regional and international standards Does existing legislation facilitate implementation of the new instrument? Before, during and after 8
What to review? Constitutional documents and bills of rights Disaster management and humanitarian laws and policies Land, property and housing laws and policies Birth, death, marriage and citizenship laws and policies Social security laws and policies Law enforcement and military regulations Court procedures and regulations Social services laws and policies Criminal law 9
How to review a legal framework Suggested methodology CAR legal review, 2011 (Brookings Institution) Landscape analysis: political, social and economic challenges Analysis of relevant laws and policies 67 elements of national regulation Normative analysis: Great Lakes Pact Kampala Convention Existing legislation Recommendations: gaps and issues 1. Collect relevant laws, decrees and ordinances 2. Examine to determine: a. gaps and obstacles b. insufficient address of IDPs issues c. contradictions with regional and international standards 3. Identify issues: a. to be addressed in the new instrument b. to be addressed by altering the existing framework 10
