Online Legal Information in Transitional States

1. Online Legal Information in Transitional States Challenges & Opportunities Brian D. Anderson Claude W. Pettit College of Law Ohio Northern University Ada, Ohio, USA

2. Online Legal Information and Rule of Law Why adopt online legal information systems? Core principles of democratic governance and rule of law Transparency Accessibility Accountability Government communication through Internet use and access to information laws Greater Accessibility through the use of the Internet and ICT Access leads to individuals and organizations promoting accountability

3. Sustainability of Info. Systems Government Challenges to Establish Government Commitment • Country’s slow adoption of technology • Are there technological resources available? • Availability of Information • Does the government publish laws in a timely manner? • Are laws available online? • Hostility to public disclosure • Is the government implementing access to information laws? • Sustainable funding sources • Is there a commitment to long-term funding? • Assignments to dedicated government ministries? • Staff commitments to update and maintain database?

4. Considerations for Government Adoption Encouraging Governments to adopt online legal information • Accession to Supra-National Organizations • Is there a need to make available laws as part of membership? • Economic Development and International Investment • Are foreign investors promoting a need to navigate laws? • Public-Private Partnerships • Are there possibilities for private companies to share the responsibility of publishing legal information online?

5. Considerations for Design Designing with the end-user in mind • Consider primary intended users • Are these Lawyers, judges, prosecutors, etc.? • Consider secondary users • What consideration is given to general public use? • Increased sophistication for searching • Who is available to enhance aspects of the database? • Value-added resources • Links to additional content possible? For fee? • Uniform system of citation • Can one be developed? • Language Barriers • Are there multiple legal languages in society to overcome?

6. Rwanda Legal Information Portal Example: Online system created during justice sector development • Established from the USAID/MCC Rwanda Justice Strengthening Project • Project to promote civil rights and liberties, strengthen civic participation, and strengthen the justice sector • Main aspects of justice sector program: • Training and technical assistance to the judiciary • Facilitate legislative reform

7. Rwanda Legal Information Portal Interface to search sources of laws Main Page of LIP – gathering information from all sectors for one search interface Designed to pull from existing online database of laws, cases, etc.

8. Rwanda Legal Information Portal Intended to capture documents from multiple sources Since inception, few if any documents uploaded No case law, citizen guides, or documents from other Justice Sector Departments

9. Amategeko.net Rwanda’s (original) online searchable database of laws Original online source for laws – initially supported by donor funds Provided Kinyarwanda language text of laws, with official translations in French, and English (when applicable) Not updated since Nov. 2011

10. Rwanda Legal Information Portal LIP interface to search Rwandan law Advanced Search Page: Designed for multiple language searching with some ability to limit search results Most recent law in database: Nov. 4, 2011

11. Rwanda Legal Information Portal What went wrong? - Lessons Learned. • Established from the USAID/MCC Rwanda Justice Strengthening Project • Donor-funded initiatives have inherent challenges to government adoption and long-term sustainability • Relied on government funding for previously donor-supported initiative • Need to have a plan for financial sustainability • Built off already questionably sustainable donor-funded system • Must thoroughly vet sources of laws for accuracy and permanence • Designed as a database without firm commitment for publication of laws • Establish a firm commitment for public disclosure of laws • LIP proposed and adopted mid-way through project • Must plan for sufficient lead time to establish firm government commitment

12. Example: Kosovo Online Gazette Similar project – different outcomes USAID Effective Rule of Law Program in Kosovo Establishment of online searchable database of laws Used existing government personnel to create adequate staffing levels for sustainability (i.e. large part of funding structure)

13. Considerations for Planning and Design Additional Considerations and Opportunities • Online legal database projects can seamlessly integrate into many development projects • Arguably any Rule of Law development program benefits from online access to laws • Integrate information literacy into planning and design • Programs should consider investing into IL opportunities • Link to outside resources • Partner with other organizations and institutions to increase available information • Design for multiple platforms • Take advantage of mobile technology if possible • Create requirement in access to information laws (or others) to publish online • With creation of system – encourage legislative body to adopt a normative law requiring publishing laws online

14. Brian D. Anderson Reference Librarian & Assistant Professor Taggart Law Library Ohio Northern University Pettit College of Law b-anderson.6@onu.edu Please contact for questions, discussion, and collaboration!