Developing nations need peace and legal savvy,
too
By JOHN L. ALLEN JR.
NCR Staff Rome
Most people would have no trouble ticking off needs in the
developing world: decent health care, safe drinking water, universal education,
food, jobs, peace. Its a catalog of deprivation thats depressingly
easy to flesh out.
What about lawyers?
Litigation-weary Americans, for whom Shakespeares famous
proposal in Henry VI, Lets kill all the lawyers,
can sometimes sound tempting, might suspect developing countries have enough
problems.
Things look different, however, from Zambia.
I was involved in the negotiations over the privatization of
our mines, which are the breadbasket of my country, said Julia Chaila, a
Zambian attorney, in an April 10 interview with NCR.
There we were, Zambian lawyers, sitting in the back of the
room, while two groups of foreign lawyers, one for the investors and one for
us, did all the negotiating. It was pathetic.
Zambia, a nation of 8.5 million in southern Africa, recently sold
its wealthy copper mines to private investors as part of an economic reform
promoted by the World Bank. The company Chaila works for was bought by a
consortium based in England and the United States.
Now, Chaila said, the population feels it got a
bad deal. Meanwhile all the lawyers are gone -- theyre back in London or
Paris -- and whos left to explain to our people what happened?
Chaila, a sharp-witted and composed young professional, aspires to
be part of a new generation of African lawyers, able to slug it out in complex
negotiating sessions with the most sophisticated Western attorneys.
She is halfway through 10 weeks of a course in Rome offered by the
International Development Law Institute, a nonprofit organization with 15
governments, including the United States, as official members. Its mission is
to train legal professionals in the developing world.
For veterans of social justice crusades, it may be a stretch to
think of investment contracts and bank deals as tools for building a better
world. Yet thats exactly what the institute believes -- taking to the law
books rather than the streets in pursuit of a better future for the
worlds most impoverished nations.
In addition to training lawyers, judges and other legal
professionals, the institute helps rebuild shattered legal systems in such
places as Albania and East Timor.
Participants pay nothing, drawing on sponsorships either from
sources in their own countries or public and private sector donors. More than
10,000 people have taken part in institute programs since it was founded in
1983.
William Loris, the director, told NCR that he worked in
Africa for 10 years for the U.S. Agency for International Development. He saw
time and again the disadvantage developing countries face.
There was an African nation that wanted a tile
factory, Loris said. The contract was written in such a way that
payment was on a time basis without any guarantees for performance.
After five years, the contractor had all its money, while the
government hadnt seen a single tile.
No lawyers had reviewed that contract, Loris said.
This was a small European company that just saw what it could get away
with.
Inspired by such experiences, Loris said the institutes
original vision, as developed by him and co-founders Michael Hager and Gilles
Blanchi, was to help lawyers wrest better deals from banks, corporations and
bodies such as the World Bank and the International Monetary Fund.
The central insight is that the massive inequalities facing the
developing world were not imposed all at once. They are the result of a long
history of exploitation, dishonesty and deals made in bad faith, which
continues today. If the balance is to be righted, local professionals need the
skills to beat the developed world at its own game.
Quickly, Loris said, the institute realized that in many places a
basic infrastructure of good governance is missing. Hence the institute also
promotes systemic reform on issues ranging from transparency and freedom of
information to investment law.
As one might expect when bright, articulate lawyers from around
the world come together, not everyone sees things the same way. One participant
told NCR that while he appreciates the institutes efforts, he
thinks it has the cart before the horse.
Lawyers are there, really, to protect the interests of
property, said David Nambale, a lawyer and anti-corruption official in
the Ugandan government. Its a profession that fits in neatly with a
developed economy. Were not there yet.
Nambale, who charms listeners with his smiling, tell-it-like-it-is
style, said he would be more in favor of efforts to spread universal primary
education, as opposed to training a legal elite.
Other participants, however, said the future is now, as far as the
need for adversarial savvy.
These people from the West are coming to take our public
property, and we need to negotiate with them, said Zephrine Galeba, of
Tanzania. If we are not very careful, they will take it for
free.
Nambale was respectful, but blunt.
You can have all the skills you want. But if its you
sitting across the table from Microsoft, in the end theyre going to
win, he said. First address the imbalance in resources, and then
this training will make more sense.
The International Development Law Institute forms part of what
Italians call the other Rome, referring to the secular, non-papal
aspect of the citys identity. It includes the civil government, since
Rome is the capital of Italy, and a vast array of nongovernmental organizations
and humanitarian groups.
The two Romes often intersect at the grassroots in pursuit of
doing good. Such is the case with the institute, which enjoys a sweetheart deal
on a building in the Spanish Steps section of old Rome, courtesy of a
womens religious community called the Poor Servants of the Mother of God.
The community was founded in England, but its membership is predominantly
Irish.
The property was a school for 107 years until the sisters decided
to close in 1992. They considered scores of offers for the property but decided
to forgo cashing in for the sake of supporting the institutes
mission.
Sr. Mary Duffy, superior of the eight nuns who still live in one
wing of the building, said the community was attracted by the focus on
development rather than simple charity.
Theres a story told about our founder, Duffy, a
classic no-nonsense Irish nun, told NCR. A man came to the door
for a handout and she gave him a shovel. He worked for what he got. He was
looking for charity and went away a different person, she said.
We believe in the dignity of work. Thats what the
institute is about, too.
In fact, Duffy may herself find use for its expertise. Speaking of
the market value of the Rome property, Duffy said the community would have to
be careful if they ever want to sell, having had a bad experience on a similar
deal in Florence.
First of all, were women, and second were nuns,
so everybodys got a rip-off, she sighed.
Perhaps one of these days shell send a sister upstairs for a
course in contracts.
The International Development Law Institute has a Web site
at www.idli.org
The e-mail address for John L. Allen Jr. is
jallen@natcath.org
National Catholic Reporter, April 20,
2001
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