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On 27 November 2006 a one-day regional capacity-building seminar on “Good Practices in Multilingual Drafting and the Training of Jurilinguists” was held in Tunis in the framework of the Working Group IV on Regulatory Reform of the Good Governance in Arab Countries (GfD) Initiative.
Participation
The meeting was attended by ca. 50 participants from Arab and OECD countries. High-level representatives from Bahrain, Jordan, Morocco, Palestine, Tunis and Yemen, as well as from Canada, Sweden, Switzerland, UK, the EU (Council of the European Union, European Commission, European Central Bank) and the OECD Secretariat participated actively in the seminar. The sessions were chaired mostly by Arab country representatives, reflecting the strong commitment and interest of countries of the Middle East and North African region in the topic of legal drafting.
Objective
This meeting brought together policy experts from Arab and OECD countries in a unique forum to share best practices and lessons learnt in terms of training, best practices and institutional setting for multilingual legal drafting.
The need to strengthen Arab legal drafters’ capacity when drafting legislative texts in Arabic, English and/or French was identified by Arab countries in the course of the GfD Initiative, and particularly in the Focus Group on Regulatory Reform (Working Group IV). A concrete proposal for action, to create a regional professional Masters Course at the Tunis El Manar University to train multilingual legal drafters, emerged out of a two-day capacity-building seminar on regulatory quality and administrative simplification held in November 2005 in Tunisia. Tunisia, as chair of the Working Group IV and of the Focus Group on Regulatory Reform took this prioritisation into account and included the creation of the regional professional Masters Course as a key target in its Country Action Plan for Public Sector Modernisation in the field of regulatory reform. This regional Masters Course is therefore a direct outcome of the GfD Initiative.
The overall objective is to improve legal clarity and certainty and reduce regulatory complexity, thereby contributing to a better environment for citizens and business. Legal clarity is of crucial importance for transparency and investment, principal drivers for good governance and the national economy, and helps build trust in government.
Policy Dialogue
Key issues related to multilingual legal drafting that were discussed during the meeting include:
Institutional Design and Good Practices for Multilingual Legal Drafting: The Role of Jurilinguists in the Legislative Process
Participants discussed the institutional setting and structure of the legislative process as well as tools and policies used in various OECD and Arab countries to facilitate this process. They highlighted the accelerated rhythm of law-drafting today, the challenges faced by drafters when involving technical experts to revise and to improve drafts, and the question of whether to organise the work in a centralised or decentralised way. Challenges include bringing the perspective of quality law making into the policymaking process at an early stage, and improving transparency in information through, for example, online registers for laws and regulations accessible for the public. Participants compared the benefits of co-drafting vs. translation.
Legal Clarity and Plain Language: The Role of Jurilinguists in the Standardisation and Publication of Legal Terminology
Plain language drafting, i.e. the simplification and improvement of the legal language used in official documents, was identified as crucial to facilitating the communication between the administration and the public, thus ensuring certainty for business and citizens. This is particularly so when texts are drafted in more than one language and/or by non-native speakers.
Standardisation of Arabic legal terminology is a major challenge. Presentations on the experience of the EU and Canada, detailing their lengthy and rigorous process of standardising and publishing of legal terminology in databases, may offer helpful guidance for future efforts in this policy field.
Capacity-building for Jurilinguists as a Precondition for Regulatory Quality: The Training of Jurilinguists
The above mentioned issues called attention to how drafters are trained, both in a governmental and an academic setting. Training programmes for multilingual drafters and jurilinguists do not exist in a systemised way in the Middle East and North African region – neither in universities nor inside the administration. The presentation of the regional professional Masters Course to be established at the El Manar University gave an outline of the structure of this programme. The example of a similar Master Course in Legal Translation recently established at the University of Ottawa provided a good example for further guidance. Presentations from the EU and Switzerland, describing the training of legal drafters inside the administration, focused on various key principles for successful and efficient drafting, such as, for example, the use of guidelines for legal drafters.
The Jurilinguists' Professional Career: Practical Applications of the Skills of Jurilinguists
The complexity of multilingual legal drafting is not only an issue of concern in the public sector during the law-making process. Businesses and firms, as well, face the challenge of often having to draft their legal and contractual texts in more than one language. The private sector thus can benefit from employing jurilinguists and making use of their skills, too. Different career options in the public and private sector of trained jurilinguists were discussed, and the need of clearly drafted laws and legal documents for foreign investors was emphasized.
The Training of Jurilinguists on a regional level - the regional professional Masters Course at Tunis El Manar University
The launching of the regional professional Masters Course was announced by Mme Mamlouk, President of Tunis El Manar University. The programme will be open to individuals from all Arab countries and it was emphasized that input and suggestions as well as the later promotion of the course would be appreciated by the Tunisian authorities.
Outcomes
The meeting gave OECD and Arab countries an opportunity to present recent projects and tools for the multilingual legislative process and to discuss various ways to improve legal clarity and reduce regulatory complexity.
Major outcomes of the meeting include:
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Participants confirmed their commitment and support to the Good Governance in Arab Countries Initiative and emphasized the benefits of the regional policy dialogue.
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They confirmed the need to strengthen legal drafting in Arab countries, and both Arab and OECD participants welcomed the Tunisian initiative to establish the regional professional Masters Course at Tunis El Manar University.
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The meeting facilitated contacts between professionals involved in multilingual legal drafting and the training of jurilinguists from OECD and Arab countries. It provided a unique opportunity to discuss, learn and share experiences related to multilingual legal drafting and the training of jurilinguists.
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The seminar allowed participants to discuss and strengthen bilateral cooperation:
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Co-operation through academic and professional exchange to support the regional professional Masters Course.
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Capacity-building for legal drafters through exchange and study visits between Arab and OECD participants.
Documentation
General
Good Practices for Multilingual Legal Drafting: The Role of Jurilinguists in the Legislative Process
Legal Clarity and Plain Language: The Role of Jurilinguists in the Standardisation and Publication of Legal Terminology
Capacity-Building for Jurilinguists as a Precondition for Regulatory Quality: The Training of Jurilinguists
The Jurilinguists' Professional Career: Practical Applications of the Skills of Jurilinguists
Further Information
For further information on the GfD Initiative and the Working Group IV on Public Service Delivery, Public Private Partnerships and Regulatory Reform, please contact:
mena.governance@oecd.org.
To receive further information on the regional professional Masters Course at Tunis El Manar University, please contact:
Mr. Nadhir Ben Ammou
Professor, Faculty of Law and Political Science
Coordinator of the regional professional Masters Course
Tunis El Manar University
nadhir.benammou@planet.tn
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