Outsourcing Law Reform in Developing Countries to Private Contractors: A Human Rights Perspective

in International Human Rights Law Review
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The financial resources available for the pursuit of human rights objectives has given rise to an entire industry that is reliant on human rights consultancies. This is fed by tied or other forms of development aid and there exist few controls to assess the work of the actors that make their living from this industry. To a large degree, this privatisation of law reform is exacerbated by the fact that developing countries agree to the multitude of conditions set upon them by multilateral donors, one of which is said privatisation. In this manner, donors may adversely intervene in the relevant processes and distort a situation on the ground by, for example, painting a picture that does not accord with reality solely to justify their funding policies and recommendations to the recipient State.

Outsourcing Law Reform in Developing Countries to Private Contractors: A Human Rights Perspective

in International Human Rights Law Review

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SC Res 1272 (1999).

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In 2006US Secretary of Secretary of State Rice created the Office of the Director of US Foreign Assistance within the State Department with the aim of ensuring that foreign assistance is employed to meet the country’s foreign policy objectives. See also the conditions for releasing aid to Pakistan available at: <http://fpc.state.gov/documents/organization/179590.pdf> and in respect of Serbia see <http://www.fas.org/sgp/crs/row/RS21686.pdf>. Multilateral conditionalities include those imposed by structural adjustment programs such as the IMF’s Highly Indebted Poor Countries Initiative (HIPC) or the individual terms imposed by creditors comprising the Paris Club.

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