ILAC COUNCIL MEETING REPORT

Date: 20 – 01 - 2003

Place: Radisson Royal Viking Hotel, Stockholm

Participants:

Paul Hoddinott

Farouk Abu Eissa

Christina Ahlund

Giuseppe Bisconti

Roger Chongwe

Marcus Einfeld

Mark Ellis

Elisabeth Fura Sandström

Finn Lynghjem

Peter Maynard

Bill Meyer

Claes Sandgren

Shelby Quast

Claudio Cocuzza

Kristina Tollbäck

Agneta Johansson - secretary

1. Introductory remarks by Paul Hoddinott

2. Mission Status

a) Angola

Christian gave a short update on what has been done regarding ILAC contacts with the Angola government as well as the UN. The message we have got is that the timing is wrong. The mission is not cancelled but postponed and we will continue to have a dialogue with the UN.

Mark informed that IBA is in the final stage to get funding for a mission to Angola but that they would prefer to be part of an ILAC mission. From IBA it would be OK if ILAC has the leading role. But IBA does not have to wait for an invitation from the Angolan government or the UN and if they receive funds IBA want to go in March. He would prefer to go as part of an ILAC mission but if ILAC doesn’t receive an invitation it might be problematic.

Paul invited the participants to discuss the pro and cons with having ILAC wait for an invitation from the UN. It was agreed that in many cases it would be impossible to wait for an invitation. ILAC has to be proactive, inform properly but be careful not to tie our self to the timing of another organisation, especially not the UN bureaucracy.

It was pointed out that even if our decision is to work close with the UN, and wait for invitations, our patience is limited. Our experience regarding Angola and Afghanistanhas not been all positive because now we are up and running and need to be able to act fast.

Regarding invitations from governments it was pointed out that our recommendations would have a better chance to get implemented if ILAC has good cooperation with the governments, but in some cases – where we should assess the Human Rights situation, the invitation might come from someone else than the government and that should also be possible.

In the case of Angola however, it was agreed that it would be difficult to go on a mission now without an invitation, since this time we have been asking – not informing - the UN and the government. If IBA get funds that might be used as an argument by ILAC to speed up a decision from the Angolan government. We should however bea bit cautious; if any other organisation has already been doing an assessment then our goal to do an initiative assessment might already have passed.

If ILAC has not received an invitation by March, we could be part of an IBA mission and if we get an invitation by March, ILAC would be ready to go in a couple of months later. In that case we should first check the result of the IBA assessment, to make sure an ILAC mission is still necessary.

It was decided that Christian and Mark will continue to work on this issue and when it is possible for them to come with a concrete proposal, they will come back to the Council.

b) Afghanistan

Paul reminded the Council that it is now one year since ILAC wrote letters to Mr. Vendrell and Mr. Brahimi.

Christian informed that after Mr. Vendrells’ visit to the ILAC office on 16 December, 2002, we have received and invitation from the EU, to do an exploratory visit. Christian will therefore visit Afghanistan 12-19 February. During the visit he will also talk to the UN representation in Afghanistan.

ICJ has done some work already and according to Claes the ICJ-report seems to be a thorough assessment but very pessimisticregarding the situation on the ground.

The Council is looking forward to Christians report after his trip, when the issue will be raised again.

c) Sri Lanka

Marcus gave an overview of the situation and the problems facing Sri Lanka. The Council has received his preliminary report and the final report is coming. Marcus also informed that there should be possibilities to get funding for an ILAC mission from different sources. He mentioned the Australian government, the Sri Lankan government and the Asian Development Bank. ILAC already has a verbal invitation and Marcus will receive a written invitation as well. A mission should preferably take place in the second half of February but could be delayed a bit if necessary.Christian and Marcus also informed about their meeting with Ambassador Solheim at the Norwegian MFA.

After some discussion it was agreed that Marcus will explore some more about the nature of a mission and what the ToR for an ILAC involvement would be, and come back to the Council. He will also use his contacts in the Asian Development Bank to find out more about possible funding. In any case, ALRI will take care of the funding for members of the team coming from Australia.

Finn will follow up with the Norwegians.

d) Sudan

Farouk gave a background to the conflict and informed about the present situation. He also described the peace initiative,IGAD, from the neighbouring countries and the involvement of the US, UK, Italy and Norway. Farouk has met the British Ambassador and Paul will follow up on that contact. Giuseppe and Claudio will talk to the Italians and Shelbyis working on the US side. Agneta has visited the MFA in Oslo for a first contact with the Norwegians. Finn will follow up on this?? The Norwegians advised ILAC to also contact the EU and ……………. (bestämdes det att någon skulle göra det???)

CHRIS!! Det var här någonstans som jag tryckte bort mina anteckningar…så du får fylla på om du kommer ihåg mer kring Sri Lanka (speciellt vad som sas i Oslo), Sudan och Guyana – speciellt Guyana där är jag helt borta…

e) Guyana? – det stod inte med på agendan.. Hur ska man skriva detta i förhållande till punkt 4 – OCCBAS proposals??

Christian informed that he has written to Chetan Kumar, UNDP but so far no positive response.

Peter has contact with the Bar in Guyana and they are very supportive of an ILAC involvement??

Peter also mentioned a conflict prevention project going on In Jamaica. Mediation centres have been established in areas with severe problems supported by Canadian CIDA.

After some discussion Paul concluded that:

- Peter will contact…………………………………..

- Christian will contact UNDP

- Marcus might be visiting Guyana soon and will in that case give the Council an update after his visit.

3. Mission guidelines.

Bill and Paul gave a briefing about the history and development of the “ ILAC Guidelines for Missions and Assessments” and Paul reminded that these guidelines are only ‘guidelines’ and can be changed at any time. Based on the draft from 14/12/02, it seems that two things are under discussion in the council and alternative wordings had been circulated to the Council members.

The Council decided about the following changes in the draft guidelines:

Under section D. Decision to Initiate a Mission

1. ILAC will inform the UN and regional organisations on its capabilities, and its readiness to send assessment missions.

2 Alternative formulation of D2 adopted.

Under section E. Forming Assessment Teams

1. When the Council approves a request for assistance, the staff will advice the Members of the Consortium that an assessment team is being….etc.

2. Original formulation but in “different order”: The Executive Committee has responsibility for the selection of the assessment team, and the Council will be given to the opportunity to comment on the choice of mission members.

There were also some changes made under……..

“The council have noted these guidelines - text from Marcus

HÄR måste du också kolla Christian så det blir rätt!!!

Bill reminded the Council members of the importance for the member organisations to establish mechanisms so they can respond quickly to invitations from the ILAC Staff when we need to put together a team for a mission.

4. The OCCBA proposal

Peter presented the proposals from OCCBA to ILAC about the Clearing House Services and Conflict prevention.

Regarding the first proposal, and the suggestion that ILAC should create and maintain a global resource and research databank, Paul explained, that after some initial research the Executive committee had come to the conclusion that it would be very difficult for ILAC to do this. It turned out to be much more complicated than we had thought and it was agreed that ILAC should use the data bases already existing among our member organisations. The Council therefore decided to assist OCCBA in establishing contacts with the network of experts and data bases ILAC’s different member organisations have access to.

The second proposal to support conflict prevention efforts in Guyana was discussed and the Council support these efforts and several members of the Council came up with different supporting ideas.

Christian mentioned that Prof. ……………………at the University of ……………. Will have a sabbatical and might be very interested to assist.

Bill will discuss within ABA, and ALRI could probably provide some experts and cover the costs for them. Shelby reminded that several Laws schools in the US have “adopted” legal clinics in other parts of the world.

Paul will find out through his contacts in Dfid who to talk to for funding from the UK, and he concluded the discussion by encouraging all members of the Council to use their contacts and inform them in advance that Peter will contact them, in order to prepare the ground for some positive response.

5. Selection of the new Executive Committee by the Council

According to the By-laws the Chairperson and the Executive Director should be members of the Executive Committee.

Paul informed that the outgoing Council had agreed to suggest Roger Chongwe, Bill Meyer and Shelby Quast as additional members of the Executive Committee.

This proposal was accepted by the Council. The new Executive Committee will be as follows:

Paul Hoddinott (Chair)

Christian Åhlund (Executive Director)

Roger Chongwe – Secretary

Bill Meyer –ABA

Shelby Quast – ILAC - USA

6. Any other business

Marcus raised the issue of budget and funding and Christian informed that according to the by-laws it is the task of the Treasurer and the Executive Director to prepare a budget and present to the council. It was agreed that the Council should have a special session regarding these two issues. ILAC-US has now received tax exemption status and hopefully the fundraising in the US could therefore take off. Another idea mentioned was to prepare a common proposal that could be presented to several governments.

It was agreed to put this issue on top of the agenda for a coming Council meeting and that Council members should think of funding possibilities within their constituencies.

Marcus also suggested that when Christian and Elisabethprepare the budget, they should plan for the Council to meet twice a year in person. The vision could be four times a year but at least twice. This suggestion was endorsed by everyone.

Next conference call:End of February. (It will take place after Christians visit to Afghanistan.)

Stockholm, 23-01-03

Agneta Johansson