I work in situations of active conflict as well in the aftermath, as you may see below:
Conflict phase:
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There are different approaches towards working with AOGs. First, projects can aim to reduce their destructive impact on people, the environment, and cultural heritage. Strengthening their understanding of IHL and other relevant sets of rules can be a good starting point.
Second, AOGs might require information and technical assistance for their participation in negotiations. A group that lacks understanding of transitional justice or constitutional frameworks, for example, might prefer to continue fighting instead of talking.
Third, AOGs that control a territory frequently establish governance and justice structures. Protecting human rights in such areas might only be possible through training and assistance to them, e. g. on fair trial standards.
I have been involved in projects aimed at providing separatist movements with a better understanding of federalism, regional autonomy and other ways to secure the interest of the groups that they represent.
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De facto regimes are insurgent groups or other actors that, through their permanent exercise of power, have achieved a certain degree of stability equivalent to that of a state – however, without being recognised as such by the international community. They have an ambiguous position in international law. This includes the important question of what rights and obligations they have.
I visited the Libyan National Transitional Council in Benghazi, which was considered a de facto regime, during the 2011 war. Matters touched upon included their structure and legitimacy, access to assets of the Libyan state, and their towards a new state.
I also dealt with the realities of a de facto regime in Ukraine where my team worked on the rights of people living in the Luhansk and Donetsk regions.
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There are around 200 conflicts in the world in which active armed conflict has been brought to an end without a peace treaty or another political framework satisfying the involved parties. They constitute a tremendous risk for international peace as fighting could start again at any time.
Upon the request of the team of the former UN Envoy for Western Sahara, Horst Köhler, I formed a group of lawyers and anthropologists analysing this conflict from different angles. Our work ended prematurely when Mr Köhler gave up his position with no successor appointed.
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More than 100 million people are displaced worldwide. Two thirds of them are IDPs, which means that they remain in their home countries. Refugees and IDPs are particularly vulnerable and their rights need to be effectively protected.
In past projects I worked on IDP rights in Afghanistan and in Ukraine, and on the refugee rights in Pakistan.
I am currently head of a team reviewing all cases for the German Admission Program for Afghans. In cooperation with specialized organisations such as UNHCR I am developing criteria to assess threat and vulnerability levels.
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Across the globe, dedicated civil society leaders invest their lives, futures, and even the safety of their families into the pursuit of fostering rights-based democracies in their countries. However, when these endeavors face collapse due to regime changes or escalating conflicts, these individuals often find themselves exposed to grave dangers, including the threat of deadly retribution. In such precarious circumstances, other countries occasionally try to assist these courageous individuals.
Since the regime change in Afghanistan in August 2021, I have been actively engaged in supporting at-risk civil society leaders, government officials, and vulnerable individuals (e.g. from the LGBTI* community). My efforts have encompassed between German civil society stakeholders and governmental entities, coordinating flight arrangements, spearheading public awareness campaigns, and overseeing the review of thousands of cases for a federal admission program.
Drawing upon this experience, I’d like to leverage partnerships to enhance evacuation capabilities for civil society organizations in the future. Together we can fortify the resilience of these vital institutions and safeguard the individuals striving for peace and justice.
Post conflict phase:
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Constitution making refers to processes of negotiating, drafting, and implementing constitutions. These processes can be driven by conflict, problems arising from poverty and inequality, or the demand for self-determination. They vary in many regards; for example, some are embedded in National Dialogues and thus more inclusive than others.
I have been involved, as adviser and organizer of projects, in the preparation of draft constitutions for Libya, Tunisia, and Yemen. My work with the Somali politicians and experts opened my eyes for the difficulties that interim constitutions may entail. In Afghanistan I learned that constitutional processes do not end with the promulgation of the final document - the implementation of a constitution is a difficult and gruelling process, too.
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Transitional justice means acknowledging and redressing for massive human rights violations, holding those responsible to account, reforming and building democratic institutions, and preventing the recurrence of violence or repression.
I gained experience in this field mainly in Colombia in a project aimed at strengthening the process of reparations for victims of the conflict between the FARC and the government. We introduced the concept of intersectionality to ensure that conflict victims who were particularly vulnerable, such as indigenous people or persons with disabilities, were not overlooked but prioritized.
I also advised the Afghan Human Rights Commission on transitional justice but the political situation prevented them from addressing the matter in public.
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The security sector of a state consists of all institutions that are responsible for its external and internal security, particularly armed forces, police, and intelligence. Legal and administrative frameworks for these institutions should ensure that they act in compliance with the rule of law and that effective control mechanisms are in place. Rigorously implemented SSG reforms can contribute to the coup-proofing of democracies. This includes constitutional provisions on civilian oversight, internal and external complaint mechanisms, transparent procedures for finance, procurement and personnel, a clearly delimited mandate for military justice systems, and other elements.
My work record includes the organization and implementation of fair trial trainings for military judges and prosecutors who were responsible for offenses by soldiers as well as high-profile terrorism cases. I have also written about SSG.
Consolidated phase:
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Constitutional courts or equivalent institutions, such as constitutional chambers of supreme courts, primarily review the constitutionality of laws. They may also have the mandate to execute other tasks, such as settling disputes between state organs, approving election results, or deciding on constitutional complaints submitted by individuals.
I worked with judges of this level in Iraq and to a smaller extent in Sudan. I was also in charge of a project requested by the Tunisian constitutional assembly, which needed comparative assessments of constitutional court systems.
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Regulating voting rights, electoral systems, ballot access, election management bodies, complaint mechanisms, and other related matters is essential for any functioning democracy.
I have worked on election law in different contexts, including with the Egyptian judiciary that was in charge of preparing the country’s first free election after the fall of former president Husni Mubarak.
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Judicial reforms are carried out for diverse purposes, such as strengthening the independence of the judiciary, improving the cooperation between justice institutions, ensuring the fair application of laws, the tackling of internal corruption, and many more.
This area was my first encounter with rule of law assistance when I came to Georgia and Azerbaijan as a junior lawyer. Later I worked a lot in this area; among others I organized a country-wide program of fair trial trainings in Afghanistan.
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Administrative law regulates the organization and tasks of the public administration and its relationship with the citizens. In many civil law countries, administrative courts or similar institutions review activities of the administration. They play an important role in defending fundamental rights when state authorities act unlawfully.
I was in charge of a multi-year program assisting the Afghan Ministry of Justice in drafting laws for the administration and designing a respective court system.
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Good laws and regulations can promote national welfare. Bad laws can affect the state budget, increase corruption, damage the environment, or produce other negative effects. Better Regulation is art of designing good laws and regulations; its toolbox includes instruments such as the regulatory impact analysis.
I included Better Regulation in different projects with justice ministries and parliaments.
All phases:
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The list of barriers that prevent equal access to justice is long: lack of courts and trained judges, official languages, high fees and other costs (including corruption), discrimination against women and vulnerable groups, and so forth.
I have organised training courses for lawyers and legal aid staff in different countries. As this matter affects so many people around the world, I am particularly interested in innovative approaches, such as bridging between informal and formal justice systems, mobile courts that travel to clients in remote areas, or digital solutions (eJustice).
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In most countries of the world there are, besides state courts, traditional, religious, and other non-state institutions that resolve disputes. While some perceive them as a chance to extend access to justice and others criticize their structures and procedures, it is difficult to ignore that many people see them as legitimate and effective.
I worked on the relations between state and non-state justice systems in Afghanistan (shuras/jirgas), Pakistan (jirgas) and Kyrgyzstan (aksakal courts).
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Restorative justice is a flexible, participatory response to criminal behaviour. It can provide a complementary or an alternative path to justice and improve access to justice. Restorative justice may also play an important role in transitional justice contexts.
While European criminal justice practices predominantly aim to punish offenders, restorative justice approaches, which originate from indigenous societies, focus on the needs of those harmed, reparations, and instaurating positive social relations. Victim, offender and often other members of the community are actively involved in the mediation process that is conducted in the presence of a facilitator. They collectively decide on the resolution of matters arising from the crime.
Together with experts from Australia and Iran, we applied the concept in a project in support of the Afghan Ministry of Justice that sought ways to bridge the gap between the state justice system and tribal councils. Our starting points were the UN principles on restorative justice; the result was the draft of an innovative legal framework.
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I consider promoting Human Rights a cross-cutting challenge and task. The topic has played a specific role in almost all capacity building projects that I organised, such as the training of Afghan judge-applicants that extended over a period of ten years.
Together with the office of the Ukrainian Parliament Commissioner for Human Rights, my team realized a countrywide series of seminars aimed at overcoming the discrimination of refugees, LGBTIQ persons, Roma and many other vulnerable groups.
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Water disputes result from opposing interests of public or private water users. Besides the actual need of the resource itself, territorial disputes, strategic advantage, and other factors can trigger these conflicts.
Some years ago, I initiated and coordinated a project concerning the international water governance related to the Euphrates and Tigris rivers, with particular attention to the legal framework. Partners were universities and institutions from the riparian countries, i. e. Turkey, Syria, and Iraq. We also included experts from different disciplines, such as geography, and took a close look at other water conflicts – Nile, Jordan, and Central Asian rivers, to name a few.