The workshop brought together thirty lawyers to discuss international law, and legislative drafting and review. Held in Malé, the activity aimed to strengthen the knowledge and skills of lawyers engaged in drafting legislation and regulations, both from within the government and as private consultants.
The first day looked at an introduction to international law, and international human rights law. It then explored the role of lawyers in the legislative process, from drafting laws and regulations to reviewing them, whether pre or post-enactment. The final substantive session explored certain best practices and technical tips on legislative drafting. The day ended with a simulation that required participants to work in groups to review a hypothetical legislative process for weaknesses and compliance with international obligations. Day 2 shifted the focus to legislative review, with sessions discussing the review of laws for compliance with the rule of law, the Constitution, and international human rights obligations. The final session discussed the new area of legal transplants, and how drafters and reviewers should approach borrowing concepts, models, and specific provisions from other jurisdictions. The day ended with an exercise in which participants split into teams to review a mock law for its compliance with these different standards. The substantive session on the final half day explored the concept of vulnerability and marginalisation, and how different groups may feel the impacts of legislation or legislative processes differently. Participants then engaged in a long-form exercise in which they reviewed a draft law and regulations for compliance with certain principles of environmental law and then redrafted those provisions based on their review.
The programme was delivered by Foundation Research Fellows and saw a very high level of engagement from the participants.
This is the third and final workshop implemented with the Bar Council of the Maldives as part of the Foundation’s current project ‘At the Crossroad Between Progressive Reforms and Democratic Backsliding: Supporting the Stabilisation of the Maldives‘, supported by the German Federal Foreign Office.