Using Strategic Litigation and Alternative Dispute Resolution to protect Women land ownership and property rights in Albania
- Gender equity
- Mediation
- Land rights
- Income generation
- Poverty alleviation
- Rural development
- Sustainable agriculture
Example: Walk us through a specific example(s) of how this solution makes a difference; include its primary activities.
Admir
Duraj
, TR
Studio D - Legal & Strategic Research
+35542263604, +355 68 208 5 208
Rruga Mine Peza P.O.Box 7447
, TR
1‐5 years
, VL
Most successful public interest efforts use a comprehensive approach and litigation is but one of a number of components of the campaign. Questions asked when deciding whether to pursue litigation and to enable a sustainable in the public interest include the following:
a. Is there a law or regulation on the books that is not being applied or enforced?
b. Has the application of a certain law by the courts or government officials been even handed, or has the application been arbitrary and inconsistent?
c. Have there been significant or pervasive legal restrictions on the exercise of individual rights and freedoms?
d. Do international standards exist that could be used to influence state action?
e. What is the likelihood that further clarification of the law(s) in question would have negative effects on the public interest problem?
f. What resources (human, financial, political) are necessary to accomplish the public interest aims?
http://www.youtube.com/watch?v=oE-dsPt7b14&feature=related
The proposed impact of project will be enhanced rural women’s economic empowerment in identified region of Vlora. The outcome will be increased knowledge by government, and other development partners about effective ways to review and enforce land ownership legislation, and incorporate gender equality and women’s entrepreneurship considerations into the design and implementation of the respective public policies.The outputs will be as follows: (i) comparative analysis of major legal constraints to, and opportunities for, rural women’s entrepreneurship in agriculture-related activities in the selected area; (ii) policy, organizational capacity development, and strengthening of women’s associations (i.e., women’s self-help groups, community and non government organizations [and networks; (iii) a portfolio of proposals and recommendations for improving relevant laws developed by practicing strategic litigation and alternative dispute resolution; and (iv) a publication summarizing the findings of the comparative analysis and the achievements of the intervention by emphasizing best international practices of strategic litigation and adr.
1001‐10,000
$50 - 100
Yes
This project seeks to have a very significant impact on policy-making process and the respective implementation process by:
• Monitoring court proceedings on land disputes with particular focus on execution of restitution and compensation remedies;
• Analysing legal and regulatory gaps and the implementation of gender parity standards and recommending reviews and improvements of the respective laws and policies;
• Acquiring and codifying know-how on strategic litigation practice;
• Empowering women groups and community organisations in rural areas to monitor the implementation of gender parity principle in land ownership rights and entrepreneurship;
• Increasing public awareness on the use of alternative dispute resolution as an effective tool for sustainable community development.
• Improving local governance and decision-making in rural areas in Albania.
Idea phase
Yes
Yes
Yes
Yes
in undertaking this initiative the following established partnerships will be used in order to acquire and deepen the know-how, discuss and review plan of activities as well as in formulating policy and legal options as recommendations for practice improvement:
Institut für Anwaltsrecht an der Humboldt-Universität zu Berlin
National Bar Association - Albania
Laboratoire de Droit Economique - University of Luxembourg
Centre de Droit Européen - University of Luxembourg
Association of Judges - Albania
Tirana Law School
Overall objective: to develop a better and comprehensive understanding, legal framework improvement and application of women land ownership and property rights through strategic litigation, alternative dispute resolution and entrepreneurial capacity development of women at local level in the sub-urban and rural communities of southern Albania.
Main activities
1. Establishing the project implementation team and adapting the training needs analysis
2. Assessing the needs target groups [questionnaire & focus groups]
3. Conducting training sessions on Strategic litigation, ADR, and the international standards on land ownership rights
4. Organising a national forum on ‘Strategic Litigation for Women Land Ownership in Albania’
5. Drafting guidelines/training manual on “‘Strategic Litigation for Women Land Ownership in Albania”
6. Inception of the strategic litigation practice, ADR practice and of the E-learning Programme for human rights organisations: “Promoting land ownership rights for women and alternative dispute resolution”
Constrains & problems
Albania has good human capacities for land ownership (women) rights advocacy & litigation , but there is to a certain degree a lack of experience in using human resources for effective strategic litigation and ADR practice, which has to be built up during the implementation of the respective action plan;
Mitigation measure: The training workshops are designed as activities that aim professional growth of individuals involved in human rights advocacy. This professional growth will be based on training & professional knowledge on strategic litigation, ADR and its relevance to women land ownership issues, but also on using e-learning options in participating actively in legislation review and enforcement;
The Project aims to ensure continuation and sustainability by engaging the following financial resources:
E-learning course fee [ kept at modest level to cover only administrative].
Advertising local businesses and services on the e-learning web-portal; Sponsorships of local business/government for specific thematic courses.
State of play: In post-communist Albania a long series of legal instruments were enacted for the ascertainment of property rights, including restitution/compensation of properties including here agricultural land, confiscated during the communist period. A vast number of cases about conflicting claims between new owners and/or the State on one side and former owners on the other side arose and the majority of them still wait to be resolved in a legally, socially [mediation] and financially effective way. The case law includes judgments of the Constitutional Court, while the first crop of judgments of the European Court of Human Rights has already found serious deficiencies of the judicial and administrative system of the country in respect of property restitution and compensation of former owners.
Implementation problems: The whole process is moving too slowly due to delays in setting up new structures of the Property Restitution and Compensation Agency both at central level and in regional departments. In addition, the State-owned land is too small, in comparison with the amount of land supposed to be compensated. Informal and corrupt transactions still dominate, although the Government is now trying to implement the law adopted in 07/2004 that reflects key policy choices.
Problems related to political and social deficiencies: The difficulty in finding effective solutions for property restitution and compensation of former owners and in subsequently implementing them is tightly linked to the post-Communist political situation in the country and the ensuing social and economic instability which, in the particular matter of real property, is deep-rooted in strong divergences among the various groups of population and their politicians. Restitution of land to former owners is viewed by many as if it would recreate a feudal ownership structure, while former land owners and collective farm workers differ strongly on their support to reform policies. However, there is a widely supported consensus that the situation can significantly improve through introduction/enforcement of new legal instruments [harmonised with EU and international standards], legislative review and application of alternative dispute resolution methods.
More: http://www.tepsa.eu/index.asp?ID=40
Admir Duraj is working as a volunteer (Adviser/trainer) on projects related to legislative and justice reforms, good governance and human rights at the Studio D – Centre for Legal & Strategic Research since May 2007 . He studied Law at University of Shkoder, Albania and specialized in EU Law, Policies and Multi-level Governance through a master’s degree programme at University of Bologna [2002]. Admir Duraj has a more than ten years of professional experience consisting on legal advisory and consulting services, technical assistance on project development and implementation, teaching and legislative drafting, institutional analysis and regional development. His previous experiences imply a number of well-known national, regional, and international institutions, agencies and organizations such as: University of Tirana, Government of Albania (Ministry of EU integration) European Commission, United Nations Development Programme, World Intellectual Property Organization etc. Duraj is a member of National Bar Association [AL] since 2004, while associate member of The Society of Legal Scholars [UK] 2008 and is currently teaching ‘EU Competition Law’ at University of Tirana, Graduate School of Economics. He speaks fluently English and Italian.
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Policy advocacy to strengthen property rights or increase security of tenure, Formalizing and documenting property rights (i.e. titling, leasing or certification), Legal education and awareness, Developing/applying technology for surveying, mapping and documenting property rights.
The project seeks to build a sustainable partnership with Universities in order to institutionalize the ADR practice and the e-learning process and guarantee standards and quality.The project aims at an effective monitoring of legislation enforcement and land ownership policy implementation process by women organizations and their participation at the respective debate on legislation improvements.