Symposium Recap: Post-Conflict Reconstruction, Rebuilding from Emergency to Development

On Friday, October 31, 2014, experts, scholars, and practitioners in the field of post-conflict reconstruction convened at Harvard Law School for our annual symposium. This year, the Symposium’s theme was Post-Conflict Reconstruction: Rebuilding from Emergency to Development, and focused on strategies to best promote growth, stability, and long-term development in countries arising from violent conflict.  Speakers and panelists discussed issues facing countries that having arisen from conflict such as Rwanda, to countries that are very much still in the process of transition, like Syria.

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The event started with an illuminating talk by Keynote Speaker Dr. Donald Kaberuka, President of the African Development Bank, and former Minister of Finance and Economic Planning in Rwanda. Dr. Kaberuka spoke in depth about strategies to promote growth and development in fragile and post-conflict states.  To begin with an example, he spoke about how a brutal civil war destroyed much of infrastructure, including health systems, education systems and infrastructure, in Guinea, leading to the country’s inability to effectively control the Ebola epidemic today (coupled with a poor international response).  Dr. Kaberuka further went on to emphasize how conflict can happen anywhere, and is not limited to Africa — despite certain stereotypes. Dr. Kaberuka spoke about the Bank’s work in this area, particularly in: rebuilding economies; rebuilding capacities; and helping post-conflict countries reengage with the international community.  In particular, he emphasized that each conflict and each country can be drastically different, so there are no one-sized solutions; it depends very much on the state and who controls it.

In addition, he noted a few factors for success: first, a strong sense of ownership and responsibility; second, be pragmatic, but understand that making mistakes is normal; third, turn weaknesses into opportunity; and fourth, engage the private sector and leverage it to rebuild the economy.  It is important to take bold steps early on, including abolishing controls, liberalizing, and ensuring independence of the central bank, and yet to redistribute wealth by investing in health and education.  Ultimately, it is up to each nation to engage in rebuilding the country and resolving their problems.  As he stated, “Rebuilding a nation cannot be outsourced. Only the nationals can rebuild their country.”

Click here to download a video of Dr. Kaberuka’s talk.

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Following Dr. Kaberuka’s talk, we moved on to the first panel, titled Driving Economic Growth and Building Institutions After Conflict.  The panel featured practitioners, academics and policymakers who work in government institutions and non-profits to promote growth and institution building in post-conflict countries. Panelists included:  Catherine Anderson, Justice and Conflict Advisor, World Bank Justice Reform Practice Group;  Sarah Cliffe, Special Adviser for East Asia and Pacific Region, World Bank;  Robert Jenkins, Deputy Assistant Administrator, USAID Bureau for Democracy, Conflict, and Humanitarian Assistance (DCHA) and Executive Director, USAID Task Force on Syria; and Barbara Smith, Senior Director for Governance and Law, Asia Foundation. The panel was moderated by Michael Woolcock, Lead Social Development Specialist, World Bank Development Research Group and Lecturer in Public Policy, Harvard University’s Kennedy School of Government (and a founder of the World Bank’s Justice for the Poor program).

The panelists spoke not only about post-conflict development but about how prevention is equally important; countries with weaker institutions are at 50% higher risk of conflict.  Robert Jenkins in particular spoke about the importance of countering violent extremism, and the need to address the rising youth bulge and their demands for jobs and dignity.  He emphasized how post-conflict development is in itself conflict prevention, and that it is a lot cheaper to prevent a war than to be in war. There were also discussions about aid coordination and how to improve the response of the international community, including donors and major institutions.

Click here to download a video of the first panel

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Finally, our second panel was titled Developing Stability and Security: Post-Conflict Security Sector and Justice Reform, and focused largely on the rule of law aspects of post-conflict rebuilding. Panelists were: Angela Conway, Director of the Middle East & North Africa (MENA) Division, American Bar Association Rule of Law Initiative; Jean-Marie Kamatali, Assistant Professor of Law, Ohio Northern University College of Law; and Vivek Maru, Founder and CEO, Namati. The panel was moderated by David Marshall, Senior Rule of Law Advisor, New York Office, UN High Commissioner for Human Rights.

This panel provided a fascinating look into justice systems in countries arising from conflict, with case studies from Sierra Leone, South Sudan, and Rwanda, among other places. The group had a discussion about what ‘rule of law’ actually means, and why it is important in post-conflict nations.  Vivek Maru particularly emphasized the importance of the model used by Timap for Justice and other grassroots organizations in countries arising from conflict, where the formal justice system often lacks capacity; this model utilizes grassroots, community paralegals to provide justice to ordinary people quickly on issues such as criminal justice, land disputes, and citizenship. He emphasized how important it is to support and expand such projects to ensure justice in countries such as Sierra Leone, and how such a method promotes the rule of law. David Marshall spoke about his work with the UN in South Sudan, and how there can be such a disconnect between ‘rule of law’ and ‘human rights’ practitioners within the UN and other institutions.  Angela Conway spoke about the ABA Rule of Law initiative’s programs around the world and in Libya, Iraq, Egypt, and the Gulf. Finally, Jean-Marie Kamatali discussed his personal and professional experiences with the Rwandan genocide, and how it can be incredibly difficult to rebuild trust in such an environment, and how transitional justice and accountability processes can promote rebuilding the rule of law.

Click here to download a video of the second panel.

Contact Symposium Chair, Akhila Kolisetty (akolisetty [at] jd15.law.harvard.edu) for more information!

Working at the World Bank

This is an informal discussion with El Cid Butuyan, focusing on the ins and outs of working at the World Bank, and also giving more general advice on working at large, international organizations. The event will be capped at 30 attendees. RSVP here sooner rather than later.

LIDS Students Travel to Washington, D.C. to Discuss Careers in Development

April 9, 2014 – Daniel Holman

Last Friday, April 4, LIDS members traveled to Washington, D.C. for a day of meetings with law school alumni and others working in international development. The goal of the trip was to offer insights for students thinking about career options in development, whether as legal practitioners or in more cross-cutting roles. To provide an array of different perspectives, invited speakers included both lawyers and non-lawyers from a variety of institutions.

A first meeting with Jon Jacoby and Gawain Kripke from Oxfam and LIDS Advisory Board Member Katrin Kuhlmann of New Markets Lab offered views from the non-profit sector, with a focus on Oxfam’s work on Make Trade Fair and other campaigns aimed at channeling private sector behavior to benefit development.

At lunch, a series of meetings at Skadden LLP gave LIDS students the opportunity to hear from the firm’s D.C. Pro Bono Counsel and former Public Defender Don Salzman and Meghan Stewart, VP and Senior Counsel for LIDS/Orrick project client Public International Law and Policy Group (PILPG), about working for pro bono clients on development projects. Next, Skadden Counsel and former Chief Counsel of the Treasury Department’s Office of Foreign Assets Control (OFAC) Sean Thornton and USAID Director of Policy and Planning Steve Feldstein spoke about their work for the U.S. government. Skadden Counsel and HLS alumnus Jorge Kamine, Associates and HLS alumni Tyler Rosen and Jennifer Golden, and Associate Lauren Gaffney also participated.

Finally, the group met with 11 attorneys from the World Bank Legal Vice Presidency, led by Chief Counsel for Operations Policy and HLS alumnus Ferenc Molnar. The group shared stories from their careers advising the Bank on every aspect of its operations, from project frameworks to rule of law and regulatory issues. Students concluded the day with a happy hour in central DC that was attended by a number of HLS alumni in DC, including LIDS co-founder Alastair Green and members of the new Law and International Development Society at Georgetown Law Center.

LIDS wishes to thank Oxfam America and the World Bank for hosting meetings and LIDS 2013-2014 sponsor Skadden LLP for hosting and providing lunch and coffee. LIDS members attending included HLS JD students Kamola Kobildjanova and Marian Grove, HLS LLM students Amrita Khemka, Valeria Guimaraes de Lima e Silva and Anna Chuwen Dai, HLS JD/Fletcher MALD student Jacob Kuipers, HKS MA student Bevan Narinesingh, and LIDS Executive Board Members Becky Wolozin, Raj Banerjee, Maryum Jordan and Daniel Holman.

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Women at Work: A Post in Honor of International Women’s Day

March 7, 2014 – Sarah Weiner

One morning, while getting ready for work—at a leisurely, “island” pace that law school no longer affords—Vai Leka showed up on my doorstep wanting to go with me. My two-year-old neighbor was going through a stage of stealing her father’s shoes, and the photo I snapped of her, pencils in tow, ready for work, is one of my favorites from the two years I spent in Tonga as a Peace Corps volunteer.

Having researched women’s rights in developing countries during college, I arrived in Tonga keenly aware of its gender inequalities. However, as I settled in to my village, I of course realized that I knew little about the way men and women actually interacted in day-to-day life in the small archipelago. Women actively participated in town meetings, ran stores, and trekked into the capital for their coveted government jobs. Furthermore, my conversations with them revealed that the women in my village wanted the same thing as the men: a way to support their families and opportunities for their children to do the same.

One theme of Professor David Kennedy’s course at Harvard on Law and Economic Development is that development is about making hard choices—prioritizing certain policies based on your idea of what brings about development (and what development means) under the reality of limited resources. Reflecting back, this is exactly what I had to do. Not that it wouldn’t have been a worthy pursuit, but my time in the Peace Corps was not the time to be advocating for gender equality under the law. It was the time to be teaching children and youth—girls and boys—English, computer, and other skills that would help them compete for Tonga’s limited jobs.

Perhaps that is why a recent World Bank report, Gender at Work caught my eye. It calls for bold action to address the inequality that exists between men and women in the sphere of work. It focuses on making the economic case against exclusion, so the argument resonates both with people who see development as an increase in GDP and those who see development as improvements in human rights. Among its many findings is that in 128 countries, there is at least one law that contains a sex-based differentiation, “meaning women and men cannot function in the world of work in the same way.” There are five or more such differences in 54 countries.

At yesterday’s kick-off for the LIDS-WLA International Women’s Day exhibit at Harvard Law School, Inspiring Change, Inspiring Us, Dean Martha Minow suggested that perhaps by “changing the pictures on the wall, we can change biases.” Symbolism can be powerful. Changing the pictures on the wall matters, as does changing the laws on the books. Maybe Vai Leka, so eager to go off to work with me in her father’s shoes, will grow up to be Tonga’s first female Prime Minister. Or maybe she will be a teacher that inspires her students to change the course of Tonga’s history. And maybe she can become this woman in the current environment. But we owe it to girls like Vai to remove obstacles in their way so that all girls—in developed and developing countries alike—have a chance at joining the large group of women around the world that “inspire change and inspire us.”

World Bank Attorneys Host LIDS Members for Summer Lunch Discussion on Corruption Enforcement

August 1, 2013 – Daniel Holman

This summer, LIDS members working in DC sat down to lunch with attorneys at the World Bank.  HLS alum and LIDS Advisory Board member Cid Butuyan and two of his attorney colleagues discussed their work with the Bank’s Integrity Vice Presidency, the division of the World Bank that investigates reports of misconduct and administers sanctions against firms that engage in corrupt behavior.  The role of multilateral lenders in shaping anti-corruption norms is a cutting edge area of law – The Economist recently reported on the past year’s uptick in enforcement actions – and was a topic of conversation at LIDS 2012 symposium on Corruption and Development.  At the lunch, LIDS members learned about the career paths that led attorneys to the Bank and about the interaction between the Bank and their interaction with lawyers working on the finance side of the Bank and in the private sector.

(Image courtesy of World Bank Photo Collection. Some rights reserved.)

LIDS Team Presents Paper on New Developments in Whistle-Blower Protection at the World Bank

September 16, 2012 – Phil Underwood

This summer, members of the Harvard Law and International Development Society (LIDS) presented a paper at the International Corruption Hunters Alliance (ICHA) conference in Washington, DC. The conference, sponsored by the World Bank, brought together anticorruption officials from all over the world, including World Bank’s Regional Governance and Anticorruption Adviser Lisa Bhansali, the conference moderator. The LIDS team worked with Alexandra Habershon from the World Bank’s Coordinator for the International Corruption Alliance and Integrity Vice Presidency.

Over the course of the spring semester, LIDS team members Connie Sung, Gisela Mation, Nico Palazzo, Phil Underwood and Sushila Rao worked together to develop a paper based on a series of case studies on whistle-blower programs around the world. These case studies showcased both newly-implemented and existing policies and mechanisms on whistle-blowing. These mechanisms have been designed to encourage whistle-blowers to come forward with information surrounding public-sector corruption, and offer them protection after doing so. LIDS studied whistle-blower programs in countries across the world, specifically India, Peru, Bhutan, Morocco, and the United Kingdom, as well as a mechanism implemented by the International Conference on the Great Lakes Region (ICGLR), a regional organization in eastern Africa. Case studies specifically analyzed the institutional and legal structures of these programs and their impacts on broader corruption policy.

Some highlights of the case studies include:

  • a new SMS- and voicemail-based system to accept complaints of illegal exploitation of mineral resources in the Kivu province of the eastern Democratic Republic of the Congo;
  • Project VIGEYE, a crowdsourced system offering citizens multiple means to complain about corruption throughout India, and a fully digitized system for keeping track of such complaints;
  • new legislation on whistle-blower protection in Morocco, which includes provision for hiding of complainants’ identities by marking down false addresses and using voice-obscuring technology in testimony;
  • a comic book published by the Peruvian Controloría Generalto boost awareness of their whistle-blowing and anti-corruption efforts; and
    • a series of recent rules promulgated by the Bhutanese Anti-Corruption Commission covering, among other things, debarment of corrupt firms and the making of gifts to public officials.

In keeping with the broader themes of the ICHA program, which is “focused on the introduction of new approaches such as crowd sourcing and citizen engagement” to the fight against corruption, the case studies investigated the role of technology on whistle-blowing policy. Many regions in the developing world lack the communications infrastructure that is common in North America and the EU, so policies must take into account the need for alternative methods of making complaints, especially the use of mobile phone technology. Ideally, countries around the world will be able to adopt these new mechanisms for the promotion of whistle-blowing in cases of public-sector corruption, and the limitation of corruption.

The LIDS team also benefitted from the aid of (and would like to thank) World Bank corruption experts and national authorities, and its supervisors, Harvard Law School Professor Philip Heymann and Christelle Dorcil of Orrick, Herrington & Sutcliffe LLP. Other speakers at the event included Carla Salazar, General Secretary for Peru’s General Comptroller; K. Subramanian, Officer on Special Duty for the Central Vigilance Commission in India; and Hari Mulukutla, Consultant to GIZ for the Regional Resource Governance Project in West Africa.