Omar Garcia-Bolivar gave a presentation at the First International Conference on Legislative Drafting and Law Reform discussing the Latin American and African experience with law and human rights. He noted that vast natural resources in these regions coexist with high inequality, and that poor conditions are often due to a lack of recognized and enforceable rights and opportunities under the law. Garcia-Bolivar argued that consensus building, strengthening legal institutions, education, and setting aside funds for social programs can help recognize rights, but that unstable local politics can undermine these efforts. An international approach emphasizing minimum human rights standards and civil society involvement may provide stronger recognition and enforcement of rights while opening opportunities and promoting inclusion.
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Role of international legal systems in promoting opportunities
1. The Latin American and African experience
Omar Garcia-Bolivar
First international conference on legislative drafting and law reform.
Washington, D.C.
March 8th, 2013
2. The importance of law
? Tale of two people
? Legal environments
Omar Garcia-Bolivar
3. Latin America and Africa
? Vast natural resources
? Inequalities
? Gini
? Dead capital
? Poor because of the law
? Rights
? Not recognized
? Not enforceable
? No opportunities
Omar Garcia-Bolivar
4. Rights recognition
? Best by consensus building: ¡°we do not exist¡±
? Strengthening institutions
? Legal education
? Opportunities
? Set aside
? Conditional cash transfer
But local law, unstable: political pendulum
Omar Garcia-Bolivar
5. International approach
? Recognition and enforceability of human rights
? International minimum standards
? Civil society involvement
? Preambles in international agreements
Omar Garcia-Bolivar
6. Conclusion
? International approach is stronger
? Consensus building on a broader context
? Opens opportunities
? Promotes inclusion
Thank you.
Omar Garcia-Bolivar