REPORT ON IDLI ASSEMBLY OF MEMBER STATES

UNCLAS SECTION 01 OF 02 ROME 001544 SIPDIS FROM FODAG STATE FOR IO/EDA ROSE BERSTEIN AND L/UNA USAID FOR MIKE MIKLAUCIC AND JOHN GARDNER E.O. 12958: N/A TAGS: AORC EAID KDEM AORC EAID KDEM IDLI IDLI SUBJECT: REPORT ON IDLI ASSEMBLY OF MEMBER STATES REF: A) ROME 981, B) (O1) ROME 6330 ¶1. SUMMARY: THE INTERNATIONAL DEVELOPMENT LAW INSTITUTE UNCLASSIFIED PAGE 02 ROME 01544 01 OF 02 270916Z (IDLI) ASSEMBLY OF MEMBER STATES MET IN ROME MARCH 20, 2002 TO APPROVE IDLI'S WORK PLAN, ENDORSE NEW BOARD MEMBERS, AND APPROVE CHANGES TO IDLI'S BASIC TEXTS. WHILE THE CHANGES WERE IN LINE WITH THE BOARD OF DIRECTORS' STRATEGIC VISION FOR IDLI, MEMBER STATES WERE NOT READY TO APPROVE CHANGES TO IDLI'S BASIC TEXTS, AND A CORRESPONDENCE VOTE WILL BE CONDUCTED ON THE CHANGES. END SUMMARY. ¶2. THE IDLI ASSEMBLY OF MEMBER STATES MET MARCH 20, 2002 IN ROME. IDLI MEMBERS ARE: U.S., TUNISIA, SENEGAL, NORWAY, FRANCE, CHINA, BULGARIA, AUSTRALIA, COLOMBIA, ECUADOR, EGYPT, THE NETHERLANDS, THE PHILIPPINES, ITALY AUSTRIA AND SUDAN. USAID LEGAL COUNSEL JOHN GARDNER AND MISOFF COMPRISED THE U.S. DELEGATION. ¶3. IDLI'S ANNUAL REPORT, PREPARED BY DIRECTOR WILLIAM LORIS (U.S.) NOTED THAT THE ORGANIZATION'S STRATEGIC PLAN, ENTITLED "VISION 2000," ENVISIONED IDLI GROWING IN STATURE AS AN ORGANIZATION IN ORDER TO ACHIEVE RECOGNITION INTERNATIONALLY AS A LEADER IN PROMOTING THE RULE OF LAW AS A MEANS OF DEVELOPMENT (SEE DISCUSSION REFTEL B). LORIS HIGHLIGHTED IN PARTICULAR THE WORK THAT IDLI HAD DONE TRAINING JUDGES IN EAST TIMOR, ITS PROPOSED PROJECT ON RESTORATION OF RULE OF LAW IN AFGHANISTAN, AND THE IMPORTANCE OF ITS ALUMNI NETWORKS (SOME 29 LOCAL ASSOCIATIONS OF IDLI-TRAINED LEGAL PROFESSIONALS FROM DEVELOPING COUNTRIES AND COUNTRIES IN TRANSITION). THE RECENT DECISION OF THE ITALIAN GOVERNMENT TO MAKE AN ANNUAL CONTRIBUTION OF USD 200,000 TO IDLI WAS WELCOMED, ALONG WITH HOPES THAT OTHER DONORS MIGHT CONSIDER MAKING UNCLASSIFIED PAGE 03 ROME 01544 01 OF 02 270916Z ANNUAL CONTRIBUTIONS AS WELL. ¶4. IN LINE WITH "VISION 2000," MEMBERS WERE ASKED TO APPROVE TWO CHANGES TO IDLI'S "ESTABLISHMENT AGREEMENT": 1) CHANGE THE NAME TO INTERNATIONAL DEVELOPMENT LAW ORGANIZATION (VICE INSTITUTE) IN ORDER TO CORRECT THE COMMON MISPERCEPTION THAT IDLI IS CONNECTED TO AN ACADEMIC INSTITUTE AND 2) PROVIDE A SPECIFIC MANDATE FOR RULE OF LAW AND GOOD GOVERNANCE (REFTEL A). ¶5. CHINA AND FRANCE ANNOUNCED THAT THEY WERE NOT IN A POSITION TO SUPPORT THE CHANGES. CHINA STATED THAT HER COUNTRY DID NOT WISH TO SEE IDLI CHANGE FROM A TRAINING INSTITUTE TO A POLICY INSTITUTE AND THEREFORE WAS NOT IN A POSITION TO ADOPT CHANGES TO THE BASIC TEXTS (COMMENT: THE CHINESE POSITION MAY REFLECT THE FACT THAT "GOVERNANCE" AND "RULE OF LAW" -- WHILE ALWAYS IMPLICIT IN IDLI'S MANDATE -- WERE HERETOFORE NOT SO EMPHASIZED. END COMMENT). FRANCE DID NOT EXPLAIN HER POSITION TO THE ASSEMBLY, BUT TOLD USDEL ON THE MARGINS THAT FRANCE WAS OPPOSED TO CHANGING IDLI'S NAME TO "ORGANIZATION" BECAUSE, WITH ONLY 16 MEMBERS, IT WAS PREMATURE FOR THE ORGANIZATION TO ASPIRE TO UN SPECIALIZED AGENCY STATUS (REFERRING TO THE DIRECTOR'S OPENING REMARKS WHERE HE SAID THAT HE HOPED THAT ONE DAY IDLI WOULD BE TO "RULE OF LAW" WHAT WHO WAS TO HEALTH). FURTHERMORE, FRANCE DID NOT SUPPORT THE ORGANIZATION MOVING AWAY FROM A VOLUNTARY TO ASSESSED BUDGET BASIS AND WAS CONCERNED THAT, AS AN "ORGANIZATION," IDLI MIGHT NEXT PROPOSE A NEW FUNDING BASIS. UNCLASSIFIED PAGE 04 ROME 01544 01 OF 02 270916Z ¶6. U.S., NETHERLANDS, AUSTRALIA AND ITALY EXPRESSED SUPPORT FOR THE PROPOSED CHANGES. OTHER DELEGATES STATED THAT THEY WERE WITHOUT INSTRUCTIONS, OR NOT AUTHORIZED TO VOTE. IT WAS AGREED THAT THE VOTE WOULD BE CONDUCTED BY CORRESPONDENCE AND A RESOLUTION WAS ADOPTED TO THAT EFFECT. (COMMENT: A THREE QUARTERS MAJORITY IS NEEDED TO CHANGE THE BASIC TEXTS. END COMMENT). ¶7. THE MEMBERS APPROVED WITHOUT DEBATE THE DATE OF THE NEXT SESSION (MARCH 2005),A RESOLUTION ENCOURAGING DISCUSSIONS WITH THE EGYPTIAN GOVERNMENT ON THE POSSIBILITY OF ESTABLISHING A REGIONAL OFFICE IN CAIRO, APPROVAL OF A NEW STEERING COMMITTEE (AUSTRIA, CHINA AND EGYPT) AND THE APPOINTMENT OF THREE NEW DIRECTORS: JUSTICE CATHERINE BRANSON (AUSTRALIA),FEDERAL COURT OF AUSTRALIA, SYDNEY MRS. MAY.Y.OH (SINGAPORE),PARTNER, MAY OH AND WEE, SINGAPORE MR. KO-YUNG TUNG (U.S.),VICE PRESIDENT AND GENERAL COUNSEL OF THE WORLD BANK, WASHINGTON D.C. NOTE: DIRECTORS SERVE IN THEIR PRIVATE CAPACITY. END UNCLASSIFIED UNCLASSIFIED PTQ6368 PAGE 01 ROME 01544 02 OF 02 270916Z ACTION IO-00 INFO LOG-00 NP-00 AID-00 AMAD-00 CIAE-00 COME-00 CTME-00 DODE-00 ITCE-00 SRPP-00 EAP-00 EB-00 EXME-00 EUR-00 UTED-00 TEDE-00 INR-00 ITC-01 L-00 NSAE-00 OES-01 OIC-02 OMB-01 OPIC-01 SS-00 STR-00 TEST-00 TRSE-00 NFAT-00 SAS-00 /006W -------------- 7B20BE 270917Z /38 R 270828Z MAR 02 FM AMEMBASSY ROME TO SECSTATE WASHDC 2961 INFO USMISSION USUN NEW YORK AMEMBASSY SINGAPORE AMEMBASSY CANBERRA UNCLAS SECTION 02 OF 02 ROME 001544 SIPDIS FROM FODAG STATE FOR IO/EDA ROSE BERSTEIN AND L/UNA USAID FOR MIKE MIKLAUCIC AND JOHN GARDNER E.O. 12958: N/A TAGS: AORC EAID KDEM AORC EAID KDEM IDLI IDLI SUBJECT: REPORT ON IDLI ASSEMBLY OF MEMBER STATES NOTE. ¶8. COMMENT: CHANGING NAMES DOES NOT A SPECIALIZED AGENCY UNCLASSIFIED PAGE 02 ROME 01544 02 OF 02 270916Z MAKE, NOR IS IT INCORRECT TO SAY THAT IDLI IS NOW AN "ORGANIZATION" AS MUCH AS IT IS AN "INSTITUTE." NONETHELESS, FRANCE'S CONCERNS ARE REASONABLE ONES THAT WE SHARE. IDLI WILL NEED TO ENSURE THAT -- WHILE MOVING FORWARD WITH ITS BOARD OF DIRECTORS' AMBITIOUS PROGRAM -- IT DOES NOT GET OUT AHEAD OF MEMBER STATES' OWN VISION OF IDLI AS A SMALL (BUT VALUABLE),TRAINING-FOCUSSED, NICHE PLAYER IN THE DEVELOPMENT FIELD. HEILEMAN UNCLASSIFIED > 2002ROME01544 - Classification: UNCLASSIFIED