IDLO'S OUTSTANDING CONTRIBUTIONS IN DEVELOPING AND TRANSITION COUNTRIES

IDLO'S OUTSTANDING CONTRIBUTIONS IN DEVELOPING AND TRANSITION COUNTRIES
 
In the current global picture, developing and transitional countries play a particularly important role. These are the regions with the largest proportion of the world's population, and are also where most of the challenges related to poverty, inequality, armed conflicts, climate change and the lack of strong legal institutions are concentrated. In that context, strengthening the rule of law foundation becomes an urgent requirement, because the law is not only a tool to maintain social order, but also a driving force to promote socio-economic development, ensure human rights, as well as enhance people's trust in the state and institutions. This is also where the International Organization for the Development of Law (IDLO) clearly demonstrates its role, mission and outstanding contributions over the past decades.
As the only intergovernmental organization in the world with a specific mission to promote the rule of law and strengthen the rule of law, IDLO has affirmed its position in supporting developing and transitional countries, where legal institutions are often incomplete or fragile. Through specific programs and projects, IDLO helps these countries build, reform and strengthen legal systems, strengthen judicial capacity, expand access to justice, promote gender equality, protect human rights, and support the international integration process. These contributions are not only technical assistance in nature, but also act as a lever to help countries overcome the vicious cycle of poverty, conflict and instability towards sustainable development.
1. Overview of the context of developing and transition countries
In the contemporary international order, developing and transition countries occupy an extremely important position, both because of their population size and territory and because of the diversity and complexity of the challenges they face. These are countries mostly located in Asia, Africa, Latin America and Eastern Europe, where many development opportunities converge but at the same time contain countless contradictions, instabilities and barriers on the path towards modernization, social justice and sustainable development. To understand why support from international organizations such as IDLO has become necessary and vital, it is necessary to first take a comprehensive look at the political, economic, social and legal context of these countries, thereby seeing the urgent needs in strengthening the rule of law and reforming legal institutions.
The term “developing country” is often used to refer to countries with low or middle income per capita, an economy that relies heavily on agriculture or natural resources, underdeveloped infrastructure, limited science and technology, and a low standard of living for the majority of the population. These countries account for about two-thirds of the world’s population, and despite the large differences in development levels between regions, they still share many common characteristics such as rapid urbanization without sustainable planning, a clear gap between rich and poor, inadequate health and education systems, and a high dependence on foreign investment and aid flows. Meanwhile, the term “transitional country” often refers to countries that once operated under a centrally planned economic model, or were dominated by an authoritarian political regime, and are now in the process of transitioning to a market economy and a more democratic political system. This transition is often accompanied by profound political, economic and social instability, requiring comprehensive reforms, in which legal reform and the building of a rule-of-law state play a key role.
Economically, most developing countries still face a vicious cycle of poverty and underdevelopment. Economic growth, if any, is often unsustainable, based on the exploitation of natural resources or low value-added processing industries. When the world market fluctuates, these economies are vulnerable, leading to macroeconomic instability, inflation, unemployment and trade imbalances. Weak infrastructure , from transportation systems, electricity, water, to information technology, seriously hinders the process of industrialization and modernization. In addition, the burden of public debt and dependence on foreign loans make many governments lose the initiative in policy making. In transition countries, the situation is no better: the shift from centrally planned to market economies often gives rise to corruption, opaque privatization, and vested interests, which widen the gap between rich and poor and undermine social trust.
Socially, these countries often have young populations with rapid population growth, but the quality of human resources is not high due to many shortcomings in the education system. The situation of spontaneous migration, labor migration and migration due to conflicts and natural disasters is increasing, creating great pressure on urban areas and social welfare systems. In many places, gender inequality is still common, women and children are often disadvantaged in access to education, health care, employment and property rights. Other vulnerable groups, including people with disabilities, ethnic minorities, and indigenous communities, are often marginalized by the legal and social systems. The gap between rich and poor not only creates social injustice, but also creates the seeds of political instability and potential conflict.
Another major challenge is armed conflict, political violence and internal instability. Many developing countries are located in regions with a long history of war, civil war or territorial disputes. Conflicts not only destroy infrastructure, cause casualties and displacement, but also undermine the legal system, causing people’s trust in justice to almost collapse. In this context, rebuilding and restoring the rule of law becomes a prerequisite to healing the wounds of war, establishing social order and paving the way for long-term development.
On the political and institutional front, many developing countries face problems such as lack of transparency, weak governance, rampant corruption and political interference in the judicial system. Judicial agencies, instead of operating independently and impartially, often become tools serving the interests of a small ruling group. Shortages in human resources, infrastructure and finance also make the legal system unable to meet the needs of society. In transition countries, the process of democratization and building new institutions often encounters resistance from conservative forces, along with a lack of experience in governance and policy making, leading to instability and a crisis of confidence.
In terms of law, weaknesses are manifested at many levels: lack of uniformity in the system of legal documents; contradictions and overlaps between laws; lack of transparency in the promulgation process and low participation of the people. In many countries, laws exist on paper but are not effectively enforced; the situation of “two-sided law” – where one side is the official system issued by the state, the other side is customary law, religion or informal mechanisms – creates inconsistency in the application of law. This not only reduces the effectiveness of social management, but also hinders the development of the economy and the guarantee of human rights.
In the context of globalization, developing and transitional countries are also facing integration pressure. Participation in international trade agreements and joining regional and global organizations requires them to have a legal system that is in line with international standards. However, the process of internalizing international commitments faces many difficulties due to the lack of legal human resources, technical capacity and complexity in institutional coordination. As a result, many countries fall into a state of "importing law" without the ability to apply it effectively, leading to a large gap between the law on paper and the law in practice.
All of the above issues show that the rule of law is a key factor in fundamentally solving the challenges facing developing and transitional countries. Without a transparent, fair and enforceable legal system, it is impossible to guarantee human rights, promote equality, or encourage investment and economic development. The rule of law is not only a legal value, but also the foundation of political stability and social order. It creates people's trust in the state, encourages civil society participation, and opens up opportunities for countries to integrate equally into the international community.
In this context, the need for support from international organizations becomes extremely urgent. Organizations like IDLO not only bring experience, expertise and resources, but also contribute to ensuring that the legal reform process takes place in a way that is consistent with international standards, but at the same time respects the context and real needs of each country. IDLO’s presence in developing and transition countries is therefore not simply technical support, but also an affirmation by the international community of the importance of the rule of law in the process of sustainable development and global integration.
2. IDLO's prominent areas of activity in developing and transition countries
In the development and integration process of developing and transitional countries, IDLO's role is most clearly demonstrated through the specific areas of activities that this organization has been implementing. With the mission of promoting the rule of law, strengthening the legal system and enhancing institutional capacity, IDLO not only provides technical support to the government but also brings practical changes to the lives of people, especially vulnerable groups. These activities are implemented in many different areas, from judicial reform, enhancing access to justice, promoting gender equality and human rights, to supporting governance in crisis or building laws for economic development. All of these have created a comprehensive picture, in which IDLO plays the role of a bridge, catalyst and driving force for countries to gradually build a strong rule of law state, as a foundation for sustainable development.
First of all, it can be seen that reforming and strengthening the judicial system has always been one of IDLO's top priorities in developing and transitional countries. A weak, independent and transparent judicial system not only undermines the effectiveness of state governance but also directly hinders the development process, because people cannot trust in justice if the courts and prosecution agencies operate unfairly. Therefore, IDLO regularly implements training and capacity building programs for judges, lawyers, prosecutors and legal officers. The courses focus not only on professional knowledge but also on professional ethics, independent adjudication skills, as well as how to handle cases related to human rights and vulnerable groups. In Afghanistan, for example, thousands of judges and lawyers have been trained by IDLO in the context of the country emerging from conflict, helping to form a generation of legal officers capable of shouldering the responsibility of restoring justice. In Kenya, the organization works with the court system to modernize the trial process, introducing information technology into case management, thereby significantly reducing the backlog of cases while also increasing transparency and accountability. These examples show that strengthening the justice system is not just a technical or procedural matter, but is also an important step in restoring trust in the state and the law in places that have been eroded by corruption, instability and abuse of power.
In parallel with judicial reform, IDLO also pays special attention to improving access to justice for all classes of people, especially vulnerable groups . A common reality in many developing countries is that laws exist mainly on paper, while the majority of people – especially the poor, women, children, ethnic minorities or people with disabilities – have almost no access to judicial services due to high costs, complicated procedures and geographical distance. Recognizing this gap, IDLO has implemented many initiatives to expand the network of free or low-cost legal aid, bringing legal services closer to the community. In Mongolia, the organization has cooperated with the government to set up legal advice centers in remote areas where people previously had little access to lawyers. In Honduras, IDLO develops programs to assist victims of gender-based violence, especially women and children, to help them file lawsuits and receive legal protection in court. These efforts contribute to making the concept of “justice for all” a reality, rather than just a slogan in political documents.
Another prominent area of IDLO’s work is promoting gender equality and ensuring human rights within the legal framework . In many developing countries, gender inequality remains a major barrier to development. Women often lack equal access to education, land, credit and career opportunities; they are often denied inheritance rights or are treated unfairly in the legal system. IDLO recognizes that a society cannot develop sustainably if half of its population is excluded from the development process. Therefore, the organization always integrates gender elements into legal reform programs and encourages women’s participation in the judicial system. In Nepal, IDLO has implemented a support program to increase the number of female judges and lawyers and raise public awareness about women’s equal rights. In African countries, the organization promotes the amendment of family, marriage and inheritance laws to remove discriminatory provisions. Not only stopping at the legal aspect, IDLO also focuses on changing social thinking, affirming the equal role of women in public and private life, thereby creating long-term positive changes.
In addition to its day-to-day activities, IDLO also stands out for its role in supporting the maintenance of the rule of law in times of crisis . In many developing countries, crises can come from armed conflicts, terrorism, natural disasters, global pandemics, or political instability. These upheavals often paralyze the legal system, causing the delivery of justice to stagnate. IDLO has been intervening in a timely manner to ensure that even in times of crisis, the rule of law is maintained. During the COVID-19 pandemic, the organization has supported many countries in developing responsive legal frameworks that balance the protection of public health and respect for basic human rights. In Somalia and Afghanistan, where war and violence have persisted, IDLO has participated in developing new laws, establishing community reconciliation mechanisms, and supporting the maintenance of the judiciary. These efforts are not only aimed at restoring social order in the short term, but also at laying the foundation for long-term post-crisis reconstruction.
In addition, another important area of IDLO's activities is to support the development of economic, trade and investment laws , to facilitate integration and development. Many countries in transition from planned to market economies often lack a transparent legal framework to regulate economic activities. This hinders investment, destabilizes the market and limits development potential. IDLO supports governments in drafting, reviewing and promulgating laws related to trade, enterprises, contracts and investment, in accordance with international practices. Thanks to that, countries can build a stable and transparent legal environment, creating confidence for domestic and foreign investors. In Myanmar, IDLO has previously participated in supporting the development of important economic laws, paving the way for integration into the ASEAN region and the global market. In Central Asian countries, this organization has helped improve the legal system of contracts and commercial arbitration, creating effective dispute resolution mechanisms, contributing to promoting regional trade.
An equally important aspect is institutional capacity building and public administration . IDLO understands that for the law to truly come to life, there must be strong enough institutions to implement, monitor and enforce it. Therefore, this organization supports state agencies, from the Ministry of Justice, Parliament to local judiciary agencies, in improving their capacity to make legal policies, manage the judicial system and monitor law enforcement. Building strong institutions also means reducing corruption, improving accountability and ensuring that state decisions are made based on the law rather than group interests. In many African countries, IDLO has supported legislative bodies in organizing public consultations, gathering community opinions before promulgating laws, thereby enhancing transparency and civil society participation . This is a necessary step to strengthen trust between the state and the people - a core element of the rule of law.
In general, the above areas of IDLO's activities do not exist in isolation but are linked together into a unified whole, complementing each other and working towards the common goal of strengthening the rule of law. Judicial reform helps to strengthen the independence and effectiveness of the court system; expanding access to justice helps all people, including vulnerable groups, to protect their legitimate rights; promoting gender equality and human rights ensures that fairness is not only formal but also substantive; legal assistance in crisis helps countries maintain the rule of law even in extraordinary situations; building economic legislation creates a stable environment for development; and improving institutional capacity and public governance ensures that all these achievements can be sustained. That is the comprehensiveness and uniqueness of IDLO's approach: not only addressing a single aspect, but focusing on the entire legal ecosystem, from institutions, legal regulations to people and legal culture.
Case studies demonstrate IDLO’s impact. In Afghanistan, despite a volatile political and security environment, IDLO has played a key role in developing the basic legal framework, training thousands of lawyers and judges, and developing legal aid services for the people. In Kenya, the organization has played a role in modernizing the judicial system, providing technological solutions to improve the efficiency of trials. In Somalia, IDLO has helped develop new laws, improve governance, and promote reconciliation, supporting the country on the road to post-conflict reconstruction. In Mongolia, IDLO has contributed to expanding access to justice, especially for people in rural areas, where lack of legal services is a major barrier to citizenship. Each successful case shows that, no matter how difficult the context, IDLO still finds ways to help countries strengthen the rule of law, creating a foundation for development.
Overall, IDLO’s contributions to developing and transitional countries are significant in many ways. First, they help strengthen people’s trust in the legal system, create social cohesion and limit the risk of instability. Second, they contribute to promoting sustainable development, when transparent and fair laws become the foundation for investment, trade and economic development. Third, they play a role in protecting human rights and promoting gender equality, bringing international standards closer to the lives of communities. Finally, these contributions are also of global significance, because a safe, fair and developed world cannot be separated from ensuring the rule of law in each country, especially vulnerable countries.
Looking back on its development, it can be affirmed that IDLO has become an important agent in realizing the rule of law in places where the rule of law is still fragile. Through its diverse activities, this organization not only provides technical assistance, but also inspires confidence and aspiration for justice, helping developing and transitional countries to move more firmly on the path to building a just, peaceful and sustainable society.