Max Planck Foundation Annual Report 2017

ANNUAL
REPORT
2017

MAX PLANCK
FOUNDATION
>> GUIDING PRINCIPLES
LOCAL OWNERSHIP
A core maxim of the Foundation’s work is the principle
of local ownership. The Foundation facilitates dialogue
between local stakeholders and, if prudent, international
partners. The exact format of a project, its objectives,
activities and implementation timeframe are determined
by local stakeholders and are developed in cooperation
with the Foundation.
POLITICAL NEUTRALITY
The Foundation provides advice and builds legal capacities
as a politically neutral actor. Only if the stakeholders and
beneficiaries are convinced that their foreign partners are
not pursuing their own interests, can sustainable and lasting
support be provided. Political neutrality in this context also
means an approach inclusive of all peaceful and non-radical
political actors.
INDEPENDENCE
The Foundation is an independent legal entity. Its sole
stakeholder is the Max Planck Society for the Advancement
of Science. No third party influences the development
and implementation of the Foundation’s projects. The
Foundation, together with local partners and independent
from any third-party influence, decides on the activities
undertaken and the way in which they are implemented.
ACADEMIC EXCELLENCE
A key element of the Foundation’s work is that it is first and
foremost based on applied research. Close cooperation
with research institutions, for example those from the Max
Planck Society for the Advancement of Science and an
established network amongst other academic institutions,
ensures that the Foundation’s work consistently follows
highest academic standards. Highly qualified in-house
experts develop solutions for concrete, complex problems
in project countries. Its own research projects and peerreviewed
publications evidence that it does not compromise
on academic quality.
>> MISSION AND VISION
At the core of the Max Planck Foundation’s mission
stands the provision of legal assistance to developing
countries, particularly to countries in transition or
conflict. These countries frequently suffer from weak
and dysfunctional institutions or a legal system, which
is no longer adequate for the needs of such countries.
Mediation between opposed political forces, legal
consulting and capacity building activities undertaken
or supported by the Foundation aim at empowering the
national stakeholders, civil society and the academics
to effectively engage in the necessary reshaping of the
legal system of the country concerned.
Peaceful change, sustainable
development and the fostering of the
rule of law are core objectives for the
Foundation in its endeavours.
Through jointly developed and implemented projects,
the Foundation assists its local partners to overcome
structural deficiencies, transfer knowledge and,
ultimately, to increase the well-being, prosperity and
personal freedom of citizens in countries around the
world.
In addition, the Foundation endeavours to develop
innovative and effective solutions for cross-cutting
challenges such as corruption, legal pluralism, the
interaction between domestic and international law
or the functioning of an independent judiciary, which
constitute difficulties in most, if not all, of its project
countries.
The Foundation also carries out academic research
that complements its international project work. Many
research topics result from the Foundation’s work in the
project countries. Without direct on-site access to local
information research could not be carried out with the
same depth and practical relevance.

MAX PLANCK
FOUNDATION
JORDAN
The Foundation provides technical
legal support in Jordan to
strengthen the capacity of legal
professionals, judges of the apex
courts and judicial actors on
constitutional jurisprudence.
COLOMBIA
Within the scope of the Colombia
project, the Foundation is building capacities
of local implementation agencies
on the reparation process with a
particular focus on the most vulnerable
victims of the armed conflict.
MALI
Mali is currently emerging from a period of
political instability and its Constitutional Court
has the important role of promoting respect
for the constitution. The Foundation’s project
aims at strengthening the Court’s capacities
through workshops, research pro jects,
analyses, publication of their jurisprudence
and permanent advisory services.
SUDAN
Technical legal support and expertise in the
area of comparative constitutional law is
provided to relevant stakeholders involved
in the constitutional reform process in the
Republic of the Sudan to support its route
to a permanent constitution that is reflective
of Sudan’s diversity and in conformity with
international legal standards.
SOUTH SUDAN
The South Sudan projects of the Foundation
aim to provide technical legal
assistance and capacity building, on the
one hand on transitional justice to the
judiciary, and on the other, on the rule of
law to a range of legal and justice sector
stakeholders in the country.

PROJECT COUNTRIES 2017
KYRGYZSTAN
The Foundation has implemented a project to strengthen access
to justice for socially disadvantaged groups. In a series
of workshops, the Foundation and its partner organisation
provide training to those who are in charge of the application
of law and those who are responsible for its critical evaluation
in the light of applicable human rights standards.
AFGHANISTAN
Three projects of the Foundation
contribute to strengthening the
rule of law in Afghanistan. Two
projects had a sectoral focus:
constitutional law and administrative
law. Next to this, the
Foundation continued its Ph.D.
scholarship programme for Afghan
law lecturers and jurists.
PAKISTAN
To advance the legal protection of and
assistance to Afghan refugees in Pakistan,
the Foundation holds activities
for a network of specialised refugee
lawyers from across the country, focusing
on the applicable international and
domestic laws and standards.
CAMBODIA
The Foundation’s activities strengthening
parliamentary diplomacy in
Cambodia encourage engagement in
international forums by providing the
participants with an advanced comprehension
of international law.
SOMALIA
The Foundation supports the Somali
Federal Parliament in the strengthening
of Somalia’s legal system and assists in
accompanying the Somali decentralisation
and federalisation process through the
provision of systematic capacity building
and technical legal advice for the main
actors at the level of the Federal Government,
the Federal Member States and the
Government of Somaliland.
SRI LANKA
In Sri Lanka, the Foundation is assisting
the constitutional reform process and
initiative to develop a Code of Conduct
on Freedom of Navigation in the Indian
Ocean in order to support the process of
transition, continuing stability and economic
development following decades
of civil war.
INDONESIA
The Foundation provides a tailor made
training and research programme for staff
of the Indonesian Constitutional Court.
Six representatives of the Court learnt
about German constitutional law with a
strong focus on the dissolution of political
parties. The programme included a visit to
the German Federal Constitutional Court.

ANNUAL
REPORT
2017

PREFACE
Prof Dr Dr h.c. Andreas Voßkuhle
When the Board of Directors of the Max Planck Foundation
for International Peace and the Rule of Law asked me to
write the Preface to the Foundation’s Annual Report 2017,
I accepted with great pleasure. The Federal Constitutional
Court of Germany considers itself part of the international
legal order and the global community of constitutional
courts. The mandate of the Foundation is to promote the
rule of law in states where the effective implementation
of this principle is critical. Typically, supreme courts,
constitutional courts or the judiciary in general benefit
from the Foundation’s activities.
Since its establishment in 2013, the Foundation has been
seeking assistance from the Federal Constitutional Court,
particularly in projects involving the training of judges,
advice to the highest courts or the ministry of justice in
states concerned with the implementation of the rule of
law. The Federal Constitutional Court received several
delegations from highest national courts in Karlsruhe,
including the Constitutional Court of Indonesia and the
Supreme Court of Afghanistan. The delegates had the
opportunity to meet their German peers for informal
discussions about processes and their experiences in
deciding on cases of constitutional law. This cooperation
with the Federal Constitutional Court has intensified over
the years.
Justices from the Federal Constitutional Court have recently
accompanied the Foundation’s staff abroad to share their
expertise by participating in workshops, seminars and
capacity building training. The comparative approach used
in these projects is unique. The exchange of knowledge is
paramount and is considered a key factor in the success
of these projects. Legal experts sharing their practical
experiences have proven invaluable.
One such joint project was in Mali to support the capacity
building for the Malian Constitutional Court. Two Justices
of the Federal Constitutional Court joined experts from the
Foundation for a workshop in Bamako with members of the
Malian Constitutional Court. The German Justices presented
key aspects regarding fundamental rights and participated
in interactive sessions. There was ample opportunity for
the Malian Judges to engage in productive dialogue with
their German counterparts. Overall, the Malian Judges
appreciated the comprehensiveness and clarity of the
content and also the way in which the discussions were
organised; they all found the topics useful for their daily
practice. Similar cooperation activities have also taken
place, for example, in the context of the Foundation’s
project with the Constitutional Court of Jordan.
The Federal Constitutional Court values the Foundation’s
work and a truly remarkable partnership has been
established over time. The cooperation includes the key
elements of assisting courts, strengthening judiciaries,
implementing best practices, and fostering exchange of
knowledge and practical experience; this unique approach
benefits courts globally. In fact, it broadens the project
countries’ horizons in multi-legal perspectives and also
furthers the ultimate aims of judicial reform, evolution
of peace and sustainable development. We are looking
forward to participating in future projects and enhancing
this collaboration.
Prof Dr Dr h.c. Andreas Voßkuhle
President of the German Federal Constitutional Court
– 3 –

TABLE OF CONTENT
6
THE MAX PLANCK FOUNDATION
30
AFGHANISTAN
34
CAMBODIA
36
COLOMBIA
40
INDONESIA
43
JORDAN
46
KYRGYZSTAN

49
MALI
53
PAKISTAN
56
SOMALIA
60
SOUTH SUDAN
64
SRI LANKA
68
SUDAN
72
FOUNDATION'S
PUBLICATIONS OFFICE
78
OUTLOOK 2018

THE MAX PLANCK
FOUNDATION

AREAS OF EXPERTISE
>> ACTIVITIES AND FUNDING
>> FOUNDATION PROJECT MISSIONS
>> SCIENTIFIC AND DEVELOPMENT POLICY
ADVISORY COMMITTEE
>> FOUNDATION STAFF

AREAS OF EXPERTISE
The graphic below shows the breakdown of the 2017 projects
with the key substantive areas that were touched upon.
Fundamental
Principles of
Legislative
Governance
and
Constitutional
Drafting
Procedural
Laws of
Institutions
Public
International
Law
Legal
Pluralism
Administrative
Law
International
Criminal Law
Professional
Ethics for Lawyers
Legal Theory
Criminal Procedure
Environmental and Water Law
Mediation
– 8 –

Constitutional
Law
Human
Rights
Access to
Justice
Independence
of the Judiciary
Electoral
Law
Fair Trial
Standards
Islamic
Law
International
Humanitarian Law
Informal Justice
Systems
Transitional Justice
Anti-Corruption
Law of the Sea
– 9 –

ACTIVITIES AND FUNDING
Since the Foundation was established in January 2013, the regional
project focus has continuously expanded. The Foundation’s activities
in 2017 included 20 country-based projects implemented in twelve different
countries. Afghanistan, Somalia, South Sudan and Sudan continued
to be key project countries in which the Foundation has maintained
enduring engagements.
Apart from its project-related activities, the Foundation hosts three
peer-reviewed publications. The "Max Planck Encyclopedia of Public
International Law", which was first published as an online database
by Oxford University Press in 2008, has since become one of the most
widely used and quoted reference works in public international law.
The annual print edition of the "Max Planck Yearbook of United Nations
Law" facilitates an understanding of the changes the United Nations
has been undergoing since it was founded. It provides a forum in which
the potential of international organisations to affect the future course
of international law and relations can be examined. Finally, the "Max
Planck Encyclopedia of Comparative Constitutional Law" covers all areas
of constitutional law and includes contributions by high-level lawyers
and social scientists who represent diverse legal cultures, giving
due regard to the various methodologies of comparative constitutional
law and region-specific developments.
The authorised budget in 2017 totalled 7.5 million Euros. As in previous
years, the Foundation additionally received 200,000 Euros in charitable
donations. One of the Foundation’s most outstanding characteristics,
is that the staff members implementing the projects all have
varying academic and cultural backgrounds. Based in Heidelberg, they
frequently travel to the project countries for the preparation and implementation
of all project activities. In doing so, they collaborate closely
with national and international experts who support the Foundation’s
activities in most of its projects. On average, there were 39 full and
part-time employees, with 18 different nationalities, working at the
Foundation on projects and in administration in 2017.
Donors and contractual partners in 2017 included the German Federal
Foreign Office, the European Union, UNHCR, Oxford University Press,
Brill and the Fritz Thyssen Foundation.
– 10 –

European Union
– 11 –

FOUNDATION PROJECT MISSIONS
26
RESEARCH
FELLOWS
CONDUCTED
146
TRIPS
WORLDWIDE
SPENDING IN TOTAL
967
DAYS
ON MISSIONS
ABROAD
THIS IS AN AVERAGE OF
37
DAYS
OF TRAVEL
PER PERSON
– 12 –

TRIPS WERE CONDUCTED IN THE FOLLOWING REGIONS:
26%
MIDDLE EAST
AND NORTH AFRICA
36%
ASIA
32%
SUB-SAHARAN
AFRICA
6%
OTHER COUNTRIES
– 13 –

SCIENTIFIC AND DEVELOPMENT
POLICY ADVISORY COMMITTEE
The Committee has an advisory function in selecting the Foundation’s
thematic and regional focus areas. Its members are renowned
individuals from the academic community as well as from the field
of politics, who are familiar not only with the project activities of the
Foundation, but also with current trends in law and development
policy. The last Committee meeting took place in April 2017 in Heidelberg.
This meeting takes place every two years and the next one
will be scheduled in 2019.
FRANCISCO ORREGO VICUÑA
Chair-Person
Francisco Orrego Vicuña is a professor of international law at the
Heidelberg Centre for Latin America in Santiago and a former Ambassador
of Chile to the United Kingdom. Today he is an arbitrator at
the International Chamber of Commerce, the London Court of International
Arbitration, the Permanent Court of Arbitration, the World
Trade Organisation as well as an arbitrator member of 20 Essex Street
Chambers, London and Singapore. He is currently also a judge at the
Administrative Tribunal of the International Monetary Fund.
MICHAEL WOOD
Vice-Chair-Person
Michael Wood is a British international lawyer and member of the
UN International Law Commission. He was the principal Legal
Adviser to the UK Foreign and Commonwealth Office between
1999 and 2006. He is currently a barrister at 20 Essex Street,
London, where he works in the field of international law.
KAMAL HOSSAIN
Kamal Hossain is a lawyer and former politician from Bangladesh.
During his term of office as Minister of Justice, he was significantly
involved in drafting the Constitution of Bangladesh. He has been
actively involved with the United Nations and he was a Vice-Chair-
Person of the International Law Association, London, and is a
member of the Advisory Council of Transparency International.
– 14 –

ANNE PETERS
Anne Peters is Director at the Max Planck Institute for
Comparative Public Law and International Law Heidelberg,
Germany and a professor at the universities of Heidelberg, Freie
Universität Berlin, Basel, Switzerland and William C. Cook Global
Law professor at the University of Michigan, USA.
GÜNTHER SCHLEE
Günther Schlee is one of the founding Directors of the Max
Planck Institute for Social Anthropology in Halle, Germany and
an Honorary Professor at the Martin Luther University Halle-
Wittenberg and the University of Leipzig, Germany. He has been
spokesperson of the International Max Planck Research School
on Retaliation, Mediation and Punishment since 2014.
JOSEPH SINDE WARIOBA
Joseph Sinde Warioba is the former Prime Minister of Tanzania and
Chairman of the Tanzanian Constitutional Review Commission.
He was a judge at the International Tribunal for the Law of the Sea
(1996–1999) and at the East African Court of Justice.
ERIKA DE WET
Erika de Wet is SARChI Professor of International Constitutional
Law at the University of Pretoria, South Africa. Since 2015 she is
also Honorary Professor at the University of Bonn, Germany.
Between 2011 and 2015 she was founding Co-Director of the
Institute for International and Comparative Law in Africa.
– 15 –

MANAGING DIRECTORS
DR TILMANN J. RÖDER
Managing Director
Project Activities
Afghanistan, Kyrgyzstan, Colombia (Head of Projects)
Other Activities and Research Interests
Constitutional and International Law; Legal and
Justice Reform in Post-Conflict Societies and States
in Transformation; Legal Pluralism; Legal History
(19th–20th century)
EM PROF DR DR H.C.
RÜDIGER WOLFRUM
Managing Director
Project Activities
Sudan (Head of Projects), Middle East and North Africa,
PhD Programme for Afghan Jurists (Head of Project)
Other Activities and Research Interests
Constitutional Law, International Law, International
Humanitarian Law, Human Rights, International Law
of the Sea, Legal Pluralism
– 16 –

HEADS OF PROJECTS
JOHANNES
KRUSEMARK-CAMIN
Head of South and Southeast Asia Projects,
Authorised Representative
Project Activities
South Asia (Pakistan and Sri Lanka) and Southeast Asia
(Head of Projects), Jordan
Other Activities and Research Interests
Comparative Constitutional Law,
Public International Law, Election Law
DR KATHRIN MARIA
SCHERR
Head of Sub-Saharan Africa Projects
Project Activities
Sub-Saharan Africa Projects (Mali, Somalia,
South Sudan), Jordan (Head of Projects)
Other Activities and Research Interests
Public International Law, Comparative Constitutional
Law, Transitional Justice, Rule of Law and State-Building
in Post-Conflict States, International Human Rights Law
– 17 –

RESEARCH STAFF
MOHAMAD AL IBRAHIM
Research Assistant (Middle East and North Africa)
Project Activities
Sudan
Other Activities and Research Interests
Arbitration, Comparative Constitutional Law, Islamic Law, Legal
Pluralism, Human Rights, Judiciary and Judicial Institutions, Elections
AFRIDUN AMU
Research Fellow (Asia)
Project Activities
Afghanistan
Other Activities and Research Interests
Legal Theory, Legal Policy, Legal Drafting, Constitutional Law
YUSSEF AUF
Research Fellow (Middle East and North Africa)
Project Activities
Sudan
Other Activities and Research Interests
Comparative Constitutional Law, Islamic Law and Islamic
Jurisprudence, Modern Arab Legal and Constitutional Systems, Legal
Pluralism, Human Rights, Judiciary and Judicial Institutions, Elections
DR FRANCESCO BIAGI
Senior Research Fellow (Sub-Saharan Africa)
Project Activities
Jordan
Other Activities and Research Interests
Comparative Constitutional Law, Constitutionalism and the Rule
of Law in Africa and in the Middle East, Authoritarian Regimes,
Hybrid Regimes and Transitional Countries
– 18 –

IMOGEN CANAVAN, LLM
Research Fellow (Asia)
Project Activities
Cambodia, Pakistan, Sri Lanka
Other Activities and Research Interests
International Human Rights Law, Comparative Constitutional Law,
Law of the Sea, Transitional Justice, International Refugee Law
ISABELLA FLISI
Research Fellow (Latin America)
Project Activities
Colombia
Other Activities and Research Interests
International Criminal Law, Transitional Justice,
Human Rights, Gender Studies
KHADIJA HASSAN
Research Fellow (Sub-Saharan Africa)
Project Activities
Somalia
Other Activities and Research Interests
Public International Law, Constitutional Law,
Comparative Law, Law of Peace and Security, Human
Rights Law, Transitional Justice, Legislative Drafting
DR ADEEL HUSSAIN
Senior Research Fellow (Asia)
Project Activities
Afghanistan
Other Activities and Research Interests
Public International Law, Comparative
Constitutionalism, Islamic Law
– 19 –

DR MOHAMMUD A. HUSSIEN, LLM
Senior Research Fellow (Sub-Saharan Africa)
Project Activities
Somalia
Other Activities and Research Interests
Constitutional Law, Federalism, Legal Pluralism, Public
International Law, Peace-Building, Transitional Justice,
African Peace, Security and Human Rights System
NICHOLAS JOSEPH, LLM
Research Fellow (Sub-Saharan Africa)
Project Activities
Somalia
Other Activities and Research Interests
Comparative Constitutional Law, Human Rights Law,
International Law, Judicial and Justice Sector Reform,
Rule of Law in Post-Conflict States
SIRAJ KHAN, LLM
Country Manager Jordan and Research Fellow
Project Activities
Jordan
Other Activities and Research Interests
Comparative Constitutional Law, Public International Law,
Traditional Islamic Law and Islamic Jurisprudence (Shari’a, Fiqh,
Usul al-Fiqh, Maqasid al-Shari’a), Modern Arab Legal Systems,
Legal Pluralism, Human Rights, Islamic Theology (’Aqida,
Usul al-Shari’a, Usul al-Din), History of Islamic Legal Theory
PATRICK KUEBART
Country Manager Afghanistan and Research Fellow
Project Activities
Afghanistan, Indonesia
Other Activities and Research Interests
International Humanitarian Law, Constitutional Law
– 20 –

ŠPELA KUNEJ, LLM
Research Fellow (Sub-Saharan Africa)
Project Activities
South Sudan
Other Activities and Research Interests
Transitional Justice, Economic and Social Rights,
Public International Law
DR FRAUKE LACHENMANN
Senior Research Fellow (Publications)
Project Activities
Co-Editor of the Max Planck Encyclopedia of Public International
Law, the Max Planck Encyclopedia of Comparative Constitutional
Law and the Max Planck Yearbook of United Nations Law
Other Activities and Research Interests
International Law, in particular the International Law of Treaties and
United Nations Law, Comparative Constitutional Law, Legal Linguistics
MARIE LAUR
Research Fellow (Sub-Saharan Africa)
Project Activities
Mali
Other Activities and Research Interests
Constitutional and Public International Law,
Human Rights, Migration Law, Electoral Law
DR ELISA NOVIC
Senior Research Fellow (Sub-Saharan Africa)
Project Activities
Mali
Other Activities and Research Interests
International Law, Transitional Justice, Human Rights,
International Criminal Law, Comparative Constitutional Law
– 21 –

DR AMBER ROSE MAGGIO, LLM
Senior Research Fellow (Asia)
Project Activities
Afghanistan, Indonesia, Sri Lanka
Other Activities and Research Interests
Public International Law, especially Law of the Sea and
WTO Law, International Economic Law, Environmental Law
DR NNEKA OKECHUKWU
Country Manager South Sudan and Senior Research Fellow
Project Activities
South Sudan
Other Activities and Research Interests
Public International Law, International Human Rights Law,
International Criminal Law and Post-Conflict Governance
STEPHAN F. H. OLLICK, LLM
Research Fellow (Middle East and North Africa)
Project Activities
Sudan
Other Activities and Research Interests
Legal Anthropology and History (MENA / South Asia),
Comparative Constitutional Law, Public International Law,
Jurisprudence, Legislative Drafting
SWANTJE PABST, LLM
Research Fellow (Middle East and North Africa)
Project Activities
Sudan
Other Activities and Research Interests
Human Rights, International Criminal Law, International
Humanitarian Law, European Law, Comparative Constitutional
Law, Corporate Social Responsibility, Transitional Justice
– 22 –

DR YANN PRISNER-LEVYNE, LLM
Senior Research Fellow (Sub-Saharan Africa)
Project Activities
Mali
Other Activities and Research Interests
Public International Law, International Wildlife Law,
Human Rights Law
STEPHANIE SCHLICKEWEI
Research Fellow (Middle East and North Africa)
Project Activities
Sudan
Other Activities and Research Interests
Transitional Justice, International Criminal Law, International
Humanitarian Law, Human Rights, Constitutional Law,
Public International Law
JAN AMILCAR SCHMIDT
Country Manager Somalia and Research Fellow
Project Activities
Somalia
Other Activities and Research Interests
Comparative Constitutional Law, Comparative Federalism
Studies, Constitutional Law and Constitutionalism in Africa,
Political Decentralisation in Africa
DARLEEN SEDA, LLM
Research Fellow (Sub-Saharan Africa)
Project Activities
South Sudan
Other Activities and Research Interests
Public International Law, International Human Rights Law,
International Criminal Law, Transitional Justice
– 23 –

JOHANNES SOCHER
Research Fellow (Asia)
Project Activities
Afghanistan
Other Activities and Research Interests
Comparative Administrative Law, Public International Law,
in particular its History and the Study of Comparative Aspects
of International Law
MARGRÉT SÓLVEIGARDÓTTIR
Research Fellow (Publications)
Project Activities
Managing Editor of the Max Planck Encyclopedia of Comparative
Constitutional Law
Other Activities and Research Interests
Public International Law, International Dispute Settlement,
International Energy Law, International Environmental Law,
International Investment Law, Comparative Constitutional Law
DR JUHA TUOVINEN
Senior Research Fellow (Sub-Saharan Africa)
Project Activities
Somalia
Other Activities and Research Interests
Constitutional Law, Constitutional Theory
PRIYA URS, LLM
Research Fellow (Asia)
Project Activities
Afghanistan
Other Activities and Research Interests
Public International Law, International Criminal Law,
International Human Rights Law, Law on the Use of Force,
International Humanitarian Law, Constitutional Law,
Comparative Constitutional Law
– 24 –

DR MINDIA VASHAKMADZE
Senior Research Fellow (Asia)
Project Activities
Kyrgyzstan
Other Activities and Research Interests
Public International Law, Human Rights, International
Humanitarian Law, Comparative Constitutional Law,
Justice and Security Sector Reform
DR ILARIA VIANELLO
Senior Research Fellow (Asia)
Project Activities
Afghanistan
Other Activities and Research Interests
Comparative Administrative Law, EU Administrative Law,
Comparative Constitutional Law, Rule of Law and State-Building
in Post-Conflict States, Conflict Resolution Theory,
EU External Relations Law
DR ASTRID WIIK
Senior Research Fellow
Project Activities
International Max Planck Research School for Successful Dispute
Resolution in International Law
Other Activities and Research Interests
International Law, in particular International Dispute Settlement,
International Investment Arbitration and Investment Law,
European and German Procedural Law, Administrative Law,
Comparative Administrative Law
DR VICTOR YURKOV, LLM
Senior Research Fellow (Asia)
Project Activities
Afghanistan
Other Activities and Research Interests
International Co-operation in Criminal and Civil Matters, Human
Rights, Public International Law, Restorative Justice, (Juvenile)
Criminal Law, Criminal Procedure Law, Criminology
– 25 –

ADMINISTRATION
FRANK BÖSERT
Head of IT Department
RAHEL BRUNN
Project Management Assistant Afghanistan
CARMEN V. CUEVAS ALONSO
Assistant to the Head of Sub-Saharan Africa Projects
NELLI EBERHARD
Travel Expenses and General Administration
MARINA FILINBERG
Secretariat
INGRID GLANDIEN
Financial and Staff Administration
– 26 –

EVA HENNINGER
Controlling and Financial Management
NATALIA KLEIN
Staff Administration
ANTJE KÖNIG
Project Administration
Hamida Barmaki PhD Scholarship Programme
MANON MESSING
Project Management Assistant Afghanistan
CHRISTINA POPANDA
Controlling and Financial Management
MAXIMILIANE REIFENSCHEID
Public Relations and Event Management
DENISE RICHTER
Travel Expenses and Office Assistant
– 27 –

COUNTRY-BASED
PROJECTS
– 28 –

AFGHANISTAN
>> CAMBODIA
>> COLOMBIA
>> INDONESIA
>> JORDAN
>> KYRGYZSTAN
– 29 –
>> MALI
>> PAKISTAN
>> SOMALIA
>> SOUTH SUDAN
>> SRI LANKA
>> SUDAN

AFGHANISTAN
CONSTITUTIONAL CONFLICTS
IN AFGHANISTAN
STRENGTHENING AFGHAN
ADMINISTRATIVE LAW
PHD PROGRAMME
FOR AFGHAN JURISTS
Funded by:
– 30 –

Even though people in Afghanistan are experiencing better access
to health facilities, sending more children to school and the capabilities
of security forces have increased, the country continued to
face numerous challenges in 2017: the humanitarian situation has
deteriorated, the number of people living in displacement due to
armed conflict has risen yet again and political processes remain
flawed.
For example, little progress has been made in ending armed conflict
in Afghanistan. While the peace deal with Hezb-i Islami has
been finalised and culminated in the return of the group’s leader,
Gulbuddin Hekmatyar, to Kabul similar achievements with other
insurgent groups are still lacking.
Additionally, parliamentary elections, which, according to Article
83 of the Afghan Constitution (AC), would have been due latest
at the end of May 2015, still have not been conducted. Furthermore,
the constitutional amendments to accommodate the political
agreements under the National Unity Government (NUG) deal
of September 2014 are still pending. However, a precondition for
constitutional amendment, according to Article 110 AC, would be
the election of district assemblies, which have not taken place
since enforcement of the constitution in 2004.
Many Afghan lawyers have voiced their opinions that revising the
constitution and strengthening its implementation are still key aspects
of advancing the rule of law in Afghanistan. For this reason
the Foundation continued to support different actors engaged in
constitutional law related activities. One of the key institutions
in this regard is the Independent Commission for Overseeing the
Implementation of the Constitution (ICOIC). Based on the ICOIC’s
request, the Foundation facilitated a pilot project aiming to develop
a matrix of indicators with which the implementation of the AC
could be assessed in a more consistent and continuous manner. In
2017 the Foundation also concluded a two-year programme with
the Afghanistan Independent Human Rights Commission (AIHRC),
which consisted of a set of workshops designed for the AIHRC’s
field staff. The content of the workshops mainly covered international
human rights topics related to the Afghan context and work
of the Commission. Next to cooperating with state institutions, the
Foundation supported a network of Afghans preparing to accompany
the foreseen constitutional amendment process. The so called
Afghan Constitutional Studies Institute (ACSI) is made up of state
employees, legal academics and civil society members who are
all united by their desire to improve the Afghan constitution and
its implementation. The 2017 activities included workshops on
different constitutional law topics like for example economics of
constitutionalism. At the end of the year, the members decided to
register their network as an association with the Ministry of Justice.
Next to constitutional law, administrative law also plays an impor-
One of the Foundation’s
success stories for
2017 lies in the finalisation of
two draft laws: an administrative
procedure law for Afghanistan
and an administrative court
procedure law.
– 31 –

tant role in defining and regulating the interaction between the
state’s executive and its citizens. One of the Foundation’s success
stories for 2017 lies in the finalisation of two draft laws: an administrative
procedure law for Afghanistan and an administrative court
procedure law. Not only are these laws aimed at increasing the legality
of actions of the public administration, they will also enable
Afghans to defend their rights and to challenge administrative
conduct. A drafting Committee consisting of an equal number of
experts from the Ministry of Justice, the Independent Administrative
Reform and Civil Service Commission and the Supreme Court
as well as representatives of the Second Vice President’s office
and other Afghan experts prepared the laws. A senior adviser from
the German University of Administrative Sciences in Speyer and
experts from the Foundation provided technical legal advice and
comparative examples throughout the drafting process. Both laws
are to be passed in 2018.
Foundation staff and Afghan PhD candidates in Heidelberg, Gemany
While providing legal advice and capacity building are core elements
of the Foundation’s engagement in and for Afghanistan a
more long-term contribution to strengthening the rule of law is
the Hamida Barmaki PhD Scholarship for Afghan law lecturers and
jurists. 13 academics continued to receive financial support and
academic guidance in their research endeavours, the majority of
which have reached the final stage of drafting their dissertations.
As part of this programme the Foundation also hosted the 4 th Afghan
Legal Studies Conference in Kabul and initiated preparations
to transfer the responsibility for this unique event together with
the Journal of Afghan Legal Studies (JALS), where the papers prepared
for the conference are published, into Afghan hands.
– 32 –

– 33 –
Blue Mosque in Mazar-i-Sharif, Afghanistan

CAMBODIA
PARLIAMENTARY DIPLOMACY
TRAINING PROGRAMME
In cooperation with:
– 34 –

In 2017, the Parliamentary Diplomacy Training Programme was established
by the Parliamentary Institute of Cambodia in response
to a request from the Secretary General of the Senate of Cambodia
to meet increasing needs in parliamentary diplomacy. The Programme
aims to enable Cambodian parliamentarians to voice and
promote national priorities in regional and international forums.
Due to its former engagement with the Cambodian Parliament and
relevant expertise in the thematic area, the Max Planck Foundation
was invited to develop the international law element of the Parliamentary
Diplomacy Training Programme.
The participants were selected from the permanent staff of the
two chambers of the Parliament, the National Assembly and the
Senate, and undertook a rigorous course of workshops with the
Foundation to introduce them to some international law topics, including
modules on sources of law, treaty law, human rights law,
refugee law and law of the sea.
The Programme will continue to address diplomacy-related topics
and skills to prepare the participants for their diplomatic careers.
It is foreseen that the Foundation will continue to support this Programme,
which is due to end in 2019.
Due to its former
engagement with
the Cambodian Parliament
and relevant expertise in the
thematic area, the Max Planck
Foundation was invited to
develop the international law
ele ment of the Parliamentary
Diplomacy Training
Programme.
Senate in Phnom Penh, Cambodia
– 35 –

COLOMBIA
STRENGTHENING THE REPARATION
PROCESS FOR THE MOST
VULNERABLE VICTIMS OF THE
ARMED CONFLICT IN COLOMBIA
Funded by:
– 36 –

Law No. 1448/2011 on the Attention and Reparation to the Victims
of the Armed Conflict, adopted in 2011, is serving as a pillar
of the current peace infrastructure and frames the reparation
programme for millions of victims. This law foresees measures of
attention, assistance and integral reparation to the victims of the
internal armed conflict. The law aims at comprehensive reparation
for all victims of the conflict, based on both the damage suffered
by the victims and pre-existing vulnerabilities, which have often
aggravated the effect of the harm inflicted upon them.
The Colombian legal framework for reparations provides for a differentiated
approach (enfoque diferencial) in favour of particularly
vulnerable victims who are exposed to structural discrimination
based on their gender, ethnic identity, sexual orientation, age or
disabilities according to Article 13, Law No. 1448/2011. The law
further establishes its own institutional architecture, the National
System of Attention and Reparation to the Victims (SNARIV), which
is coordinated by the Unit for the Attention and Integral Reparation
to the Victims (Victims Unit) based in Bogotá. The implementation
of the law, however, proved to be difficult not only due to the sheer
number of cases – around eight million individuals registered as
victims – but also regarding the complexity of the many cases of
multiple victimisation.
“Unidad para las Victimas” information centre in Urabá, Colombia
Against this backdrop, the Foundation’s project aims at improving
the quality and effectiveness of the reparation process especially
to benefit victims whose vulnerability is aggravated by
exposure to structural discrimination, such as women, people
with disabilities, members of indigenous and Afro-Colombian
– 37 –

The Foundation’s
project aims at
improving the quality and
effectiveness of the reparation
process especially to benefit
victims whose vulnerability
is aggravated by exposure
to structural discrimination,
such as women, people with
disabilities, members of
indigenous and Afro-Colombian
communities, LGBTI, the youth
and the elderly.
communities, LGBTI, the youth and the elderly. The Foundation is
supporting the Victims Unit to implement Law No. 1448/2011 in
an identity-sensitive manner and to mainstream the question of intersectionality
in the reparation process through analyses of cases
at the grassroots level, capacity building, and fostering knowledge
exchange between the various actors. This strategy of intervention
is coordinated with the central level of the Victims Unit in Bogotá.
The project focuses on three selected territorial sections of the Victims
Unit: Caquetá-Huila, Meta-Llanos Orientales and Putumayo.
In 2017 a series of workshops was implemented in these regions
and an additional workshop in Bogotá. The participants were public
servants from different entities with varying roles and responsibilities
in the reparation process. The objectives of the workshops
were to improve the theoretical and practical knowledge on the integral
reparations and to explore concrete approaches to respond
to the needs of the most vulnerable victims by designing reparation
projects for victims of the armed conflict. The workshops provided
practical tools and examples for public servants in order to
allow them to formulate or help design such projects, considering
the intersectional approach in all phases of the project cycle.
The Foundation produced several tools that will be used by the Victims
Unit and the SNARIV in the future as part of their own training
programmes. The tools will guarantee the sustainability of the
project and will be accessible to all the public servants that are
involved in the implementation of the reparation legal framework.
The project tools include an interactive module on intersectionality
and reparations, a compendium on intersectional and differentiated
approaches in reparations and a guide on strategies to include
an intersectional approach within the integral reparations system.
The interactive module presents a theoretical analysis of the
legal and jurisprudential development that intersectionality
and reparations have had, and provides a detailed analysis of
intersectionality within the Law No. 1448/2011. And finally, it
includes a list of recommendations on how to introduce and
improve the intersectional approach in the Colombian reparations
process. It will complete the virtual learning platform that the
Victims’ Unit uses to train all public servants, both national and
local.
The practical guide developed by the project team shows
possibilities to mainstream the differentiated approach and
intersectionality in the reparations projects. The guide includes
practical tools, such as checklists, examples and concrete
recommendations. The guide was designed to be a practical
tool for the public servants in charge of the project formulation,
implementation and evaluation. As a result, it will be useful for a
wide audience, including Victims’ Unit professionals, both national
and territorial, as well as public servants from the municipalities
and departments.
– 38 –

The results of the project were presented at a final conference held
in Bogotá on 30 November 2017; a total of 72 public servants
and other participants attended. Eight national and international
experts presented their experience in the application of the
intersectional approach in reparations. International speakers
included Pablo De Greiff, Special Rapporteur on the promotion of
truth, justice, reparation and guarantees of non-recurrence, and
Dr. Olena Hankivsky, Director of the Institute for Intersectionality
Research and Policy at Simon Fraser University. The topics
presented by the speakers and the discussions that followed at
the conference were considered very useful by the Colombian
government. Important insights have been identified in order to
improve the implementation of the Law No. 1448/2011.
Bogotá, Colombia
– 39 –

INDONESIA
"RECHARGING PROGRAMME FOR
THE CONSTITUTIONAL COURT OF THE
REPUBLIC OF INDONESIA"
In cooperation with:
Constitutional Court
of the Republic of Indonesia
– 40 –

In 2017 the Max Planck Foundation – in cooperation with the Max
Planck Institute for Comparative Public Law and International Law
– implemented a training programme for the Constitutional Court
of the Republic of Indonesia, the foundations of which were laid
during a visit of the Chief Justice, Prof Dr Arief Hidayat, to Heidelberg
in December 2016. Similar to its counterpart in Germany, the
Indonesian Constitutional Court has jurisdiction over cases regarding
the dissolution of political parties. However, unlike in Germany,
no such case has yet been brought before the Court. In preparation
for the initiation of such proceedings, the Court requested
that the Foundation develops a training and research programme
for its staff to provide, inter alia, insights into how the dissolution
of political parties has been handled in Germany.
As part of this programme, six staff members of the Court came
to Heidelberg for four weeks in November 2017. Research fellows
from the Foundation and the Max Planck Institute prepared a series
of workshops covering topics such as an introduction to German
Constitutional Law, procedures at the German Constitutional
Court, the concept of militant democracy and, most prominently,
the dissolution of political parties in Germany. Alongside these
lectures, the Indonesian delegation, including Justice Dr Suhartoyo,
visited the German Constitutional Court and the European
Court of Human Rights. The participants had access to the library
of the Max Planck Institute throughout their stay.
At the end of 2017, the Foundation and the Indonesian Constitutional
Court agreed to continue their cooperation and further expand
the programme in 2018.
At the request of
Chief Justice, Prof Dr
Arief Hidayat, the Max Planck
Foundation – in cooperation
with the Max Planck Institute
for Comparative Public Law
and International Law –
implemented a research and
training programme for the
Constitutional Court of the
Republic of Indonesia.
Visit to the European Court of Human Rights in Strasbourg, France
– 41 –

Aceh Province, Indonesia
– 42 –

JORDAN
STRENGTHENING THE
CONSTITUTIONAL SYSTEM OF THE
HASHEMITE KINGDOM OF JORDAN:
ENHANCING THE CAPACITIES OF
THE CONSTITUTIONAL COURT, THE
COURT OF CASSATION, THE BAR
ASSOCIATION AND THE ROYAL
HASHEMITE COURT
RAISING TECHNICAL CAPACITY AND
TECHNICAL KNOWLEDGE OF JUDGES
OF THE CONSTITUTIONAL COURT
AND ORDINARY COURTS IN JORDAN
Funded by:
– 43 –

Building upon the
partnerships since
2014 to 2016, the Foundation’s
project in 2017 focused on
strengthening the overall
effectiveness of Jordan’s
constitutional system by
engaging with key institutions
responsible for implementing
legislative reforms and
constitutional justice.
In 2011, King Abdullah II of the Hashemite Kingdom of Jordan emphasised
the creation of a Constitutional Court to strengthen the
separation of powers and for realising the rights and liberties provided
in the Jordanian Constitution. The Court was established in
2012 by Royal Decree and began its work towards the end of 2012.
The Max Planck Foundation has been working with its partners in
Jordan from 2014 to 2017 to enhance the technical capacities of
actors in the legal, judicial and political sectors responsible for designing
and implementing the constitutional justice system. Building
upon the partnerships since 2014 to 2016, the Foundation’s
project in 2017 focused on strengthening the overall effectiveness
of Jordan’s constitutional system by engaging with key institutions
responsible for implementing legislative reforms and constitutional
justice.
The project was aimed at increasing the capacity of judges of the
Constitutional Court on their competences as stipulated in the constitution
and the Law of the Court, based on a comparative analysis
of the Jordanian legal framework and the competences and experiences
of other constitutional courts. The project also focused
on enhancing the knowledge of judges of the Court of Cassation on
the competences of the Constitutional Court, its role in assessing
complaints for referral, and the procedural and substantive rules
regulating referrals. Judges were introduced to methods for resolving
conflicting legislation and the application of international law
by domestic courts.
Parallel to this, the project provided intensive training to lawyers
of the Bar Association of Jordan on the procedural rules to submit
applications to the Constitutional Court. The penultimate project
component sought to enhance cooperation and cohabitation between
the Court of Cassation, which reviewed the constitutionality
of laws and regulations prior to 2012, and the Constitutional Court,
during the newly established referral process.
Within the framework of the project, intensive training was also
provided to advisors of the Legal and Political Directorate at the
Royal Hashemite Court on the competences and mandate of the
Constitutional Court from a process-design perspective, and on the
application of international law as a concomitant to the implementation
of the constitution.
In late-2017, the Foundation began a new project to increase the
understanding of judges of the Constitutional Court and of ordinary
courts in Jordan on constitutional jurisprudence of longer-established
constitutional courts. The project also foresees building
the capacities of judges recently appointed to the Constitutional
Court of Jordan and of judges of the newly established Supreme
Constitutional Court of Palestine in order to address the common
challenges faced by constitutional courts in the formative phases
of their development.
– 44 –

The Foundation is committed to assisting its partners in Jordan,
congruent to the efforts and vision of King Abdullah II, with their
efforts for developing the judiciary and enhancing the rule of law.
The Foundation recognises that such efforts must be accompanied
with the relevant legislative, governance and structural reforms
and looks forward to cooperating with its partners in Jordan in
achieving their objectives and to strengthening constitutional justice
and the rule of law in the country.
Amman, Jordan
– 45 –

KYRGYZSTAN
ACCESS TO JUSTICE FOR SOCIALLY
DISADVANTAGED GROUPS IN THE
KYRGYZ REPUBLIC
Funded by:
– 46 –

The socially vulnerable groups that experience a lack of access to
resources and services form a considerable part of the Kyrgyz population,
especially in the remote areas of the country. Such groups
are more likely to become victims of prejudice and discrimination.
Poverty and vulnerable social status can prevent them from having
effective access to courts and public services. Women, children,
persons with disabilities, ethnic minorities and migrants require
special attention in this regard. A lack of effective access is
a serious problem in some regions where infrastructure remains
underdeveloped. Moreover, the representatives of vulnerable
groups and civil society organisations who work on their behalf
lack awareness of fundamental legal principles of access to justice
that are enshrined in international human rights treaties ratified
by Kyrgyzstan and the Constitution of the Kyrgyz Republic. Thus, it
is essential to ensure that they can effectively apply available legal
tools in practice.
The main objective of the project funded by the German Federal
Foreign Office and implemented by the Max Planck Foundation
from July 2016 to December 2017 was to reinforce effective access
to justice for socially vulnerable groups of the Kyrgyz population. In
close cooperation with its partner organisation in Kyrgyzstan “Kyz
Ayim”, which was created by Kyrgyz female jurists, the Foundation
organised a series of workshops for civil society representatives
and public authorities in all regions of Kyrgyzstan to reach out to
all the main stakeholders who work with socially disadvantaged
groups in society.
The main objective
of the project
funded by the German Federal
Foreign Office was to reinforce
effective access to justice for
socially vulnerable groups of
the Kyrgyz population.
A workshop on rights of persons with disabilities in Osh, Southern Kyrgyzstan
– 47 –

The Foundation implemented a series of seven workshops in 2016
and 2017. Participants included practising lawyers, representative
of the ombuds institution, social services, civil society activists and
university professors. The trainers from the Foundation and local
experts placed special focus on practical aspects of access to justice.
The workshops covered a broad range of issues such as international
human rights standards on access to justice, the constitutional
framework for effective access to courts, civil and criminal
procedure, and informal justice mechanisms – the aksakal courts
that operate in many remote areas of Kyrgyzstan dealing with minor
offences. Special attention was devoted to problem solving and
close interaction among the participants. Specific protection needs
of particularly vulnerable groups in criminal and civil procedure were
at the centre of all the discussions in working groups. Through these
workshops, the Foundation involved institutions in remote areas of
the country in all project activities and raised awareness about those
who are responsible for providing effective legal protection and services
to the socially disadvantaged groups in the Kyrgyz society.
Rural Kyrgyzstan
– 48 –

MALI
SUPPORT TO THE CONSTITUTIONAL
REFORM PROCESS IN MALI AND
CAPACITY BUILDING FOR THE
CONSTITUTIONAL COURT OF MALI
Funded by:
– 49 –

The Max Planck
Foundation project
aims at strengthening the
capacities of the Constitutional
Court of Mali, which also acts
as the guardian of the Malian
constitutional legal order and
has significantly contributed
towards the stability in the
country.
The Republic of Mali is currently emerging from a period of political
instability. This culminated back in 2012–13 with the uprising of
several armed groups in the North and a military coup in the capital,
Bamako. A milestone was reached in 2015 with the signing of
the Algiers Peace Accord. The implementation of this agreement
and the overall transition process require the adoption of a number
of constitutional, legislative and administrative reforms in the
country.
The Max Planck Foundation project aims at strengthening the capacities
of the Constitutional Court of Mali, which also acts as the
guardian of the Malian constitutional legal order and has significantly
contributed towards the stability in the country. Furthermore,
the Court’s role is crucial in monitoring how the constitution fares in
the current state of emergency that was initially declared in 2015.
"Fundamental Rights: A Comparative Perspective" workshop with President of the
Constitutional Court of Mali, Manassa Danioko; the Ambassador of Germany in Mali,
Dietrich Becker and Prof Dr Gabriele Britz and Prof Dr Michael Eichberger from the
Federal Constitutional Court of Germany in Bamako, Mali
With financial support from the German Federal Foreign Office, the
Foundation has provided legal capacity building measures for all
judges of the Constitutional Court of Mali on a broad range of topics
carefully coordinated with the Scientific Committee of the Court.
Topics included the application of various techniques of legal interpretation,
the use of foreign jurisprudence in judicial reasoning,
different models of indirect access for citizens to constitutional or
supreme courts and the protection of fundamental rights and freedoms
through constitutional courts.
The project staff also trained judges and administrative staff on research
methods and the use of online databases on constitutional
and international human rights jurisprudence. All capacity building
measures used a comparative constitutional law approach focussing
predominantly on Western African jurisprudence.
– 50 –

Following the Court’s direct request, various research projects
were also initiated to outline comparative systems and characteristics
of indirect access procedures for individuals to constitutional
courts and to address different models of organisational and operational
structures for administrative and research support staff
for constitutional court judges.
Furthermore, project staff collected, analysed and published the
complete jurisprudence of the Malian Constitutional Court from
1995 to 2017 in which each judgement was discussed with members
of the Scientific Committee of the Court. Not only did this familiarise
the judges with the working methods recommended by
the Venice Commission when summarising judgments for its constitutional
law database, CODICES, but it also helped them in examining
various doctrinal questions with experts from the Foundation.
The idea behind the comprehensive publication of the Court’s
jurisprudence was to enable quick and easy access to the jurisprudence
for the judiciary and other law practitioners as well as to promote
research and doctrinal thinking in constitutional law in Mali.
A particular highlight from the third workshop on the protection
of fundamental rights and freedoms in Bamako was the participation
of two German Constitutional Court judges. The Malian and
German judges exchanged their views on different aspects of the
practical work on judging such cases.
The project will continue its capacity building measures in 2018
with two additional workshops in which German Constitutional
Court judges will participate again. One of the workshops in 2018
will be centred on the upcoming presidential and parliamentary
elections and will focus on the important role of the Malian Constitutional
Court as a monitor of electoral regulation.
Timbuktu Manuscripts, stored and preserved in Bamako, Mali
– 51 –

– 52 –
Bamako, Mali

PAKISTAN
CAPACITY BUILDING FOR REFUGEE
LAWYERS IN PAKISTAN
Funded by:
– 53 –

In the past four decades, millions of people have fled from the
unstable situation in Afghanistan to Pakistan. Pakistan has made
coordinated efforts to respond to the population influx but is not a
signatory to the 1951 UN-Refugee Convention and refugees continue
to face significant challenges. The legality of their status in the
country remains uncertain due to repeated, short extensions and
they also have limited access to legal assistance and protection,
including in cases of alleged human rights violations.
In this context, it is essential that refugees receive the necessary legal
assistance and protection to uphold their human rights and are
being informed of their legal status in Pakistan. In response to these
challenges, the Max Planck Foundation, together with their local
partner, Community Appraisal and Motivation Programme, sought
to build the capacities of lawyers working with Afghan refugees.
Faisal Mosque, Islamabad, Pakistan
– 54 –

Lawyers from across the four provinces of Pakistan participated
in a comprehensive training programme focused on international
and domestic standards of human rights and refugee law. The
programme was designed to advance lawyers' knowledge of international
law and fill-in gaps of knowledge on national law through
interactive activities that encouraged the participants to reflect on
the application of legal instruments in their daily work.
The Foundation remains dedicated to supporting the rule of law
in Pakistan and foresees a continuation of its engagement in the
country in 2018 and beyond.
It is essential that
refugees receive
the necessary legal assistance
and protection to uphold their
human rights and are being
informed of their legal status
in Pakistan. In response to
these challenges, the Max
Planck Foundation, together
with their local partner,
Community Appraisal and
Motivation Programme,
sought to build the capacities
of lawyers working with
Afghan refugees.
Near Peshawar, Pakistan
– 55 –

SOMALIA
LEGAL CAPACITY BUILDING AND
ADVICE FOR THE SOMALI FEDERAL
PARLIAMENT
FEDERALISM AND POLITICAL
DECENTRALISATION IN SOMALIA:
CAPACITY BUILDING AND
TECHNICAL ASSISTANCE TO THE
SOMALI FEDERAL GOVERNMENT,
FEDERAL MEMBER STATES AND THE
GOVERNMENT OF SOMALILAND
2017-2018
Funded by:
European Union
– 56 –

After a decade of political turmoil and the break down of central
government structures, Somalia faced tremendous challenges in
re-establishing formal state structures based on constitutionalism
and the rule of law. Since the adoption of the Somali Provisional
Constitution in 2012, progress is notable and for the first time in
years, the newly established Somali Federal Government received
international recognition and support. However, especially the establishment
of central features of the new federal system remain
largely contentious and the Somali state-building process is still
far from being concluded.
The Max Planck Foundation has been supporting the Somali
state-building process for many years. Current projects continue
to support activities of the Max Planck team that already began in
2004. Since 2013, the Foundation has been supporting the Somali
Federal Parliament with legal capacity building and advice aimed
at enhancing the constitutional and legal aspects of the Somali
state-building process. Additionally, since 2015, the Foundation
supports the main actors of the Somali decentralisation and federalisation
process with capacity building activities and technical
legal assistance related to decentralised forms of government.
The current support project for the Somali Federal Parliament
is funded by the European Union and offers systematic capacity
building and the provision of technical legal advice and comparative
research for members of parliament on a number of public
law and constitutional law questions of relevance to the Somali
state-building process. The main objective of the project is to improve
the understanding of constitutional and legal concepts by
members of parliament and the provision of legal advice upon
their request.
While the first project component consists of legal and technical
support to the Speakers’ Offices of both Houses of the Somali Federal
Parliament, the second component involves the continued
provision of legal and technical support for the constitutional review
process in Somalia, particularly to the newly established Joint
Constitutional Review Committee, comprising of members from
both Houses of the Somali Parliament. A third project component
offers support to legislative drafting in Somalia through the review
of draft legislation and the provision of commentaries and accompanying
research papers for relevant parliamentary committees. A
fourth component involves the organisation of a series of capacity
building workshops for members of parliament. These workshops
address a number of Somali constitutional law topics reviewed
from a comparative perspective, with the aim of improving the
understanding of members of parliament of their constitutional
framework and thereby, strengthening the Somali constitutional
review and implementation process.
The current support
project for the
Somali Federal Parliament is
funded by the European Union
and offers systematic capacity
building and the provision
of technical legal advice and
comparative research for
members of parliament on
a number of public law and
constitutional law questions
of relevance to the Somali
state-building process. The
main objective of the project is
to improve the understanding
of constitutional and legal
concepts by members of
parliament and the provision
of legal advice upon their
request.
– 57 –

With funding from
the German Federal
Foreign Office, a second project
supports main actors of the
Somali decentralisation and
federalisation process by
providing systematic capacity
building and the provision
of technical legal advice and
comparative research on a
number of decentralisation and
federalism questions.
Centralisation of state power has been identified as one of the
main causes for government breakdown and state failure in Somalia.
Therefore, since 2004, the Somali state-building process has
been aimed at promoting political decentralisation and federalism
in the country. With funding from the German Federal Foreign
Office, a second project supports main actors of the Somali decentralisation
and federalisation process by providing systematic
capacity building, technical legal advice and comparative research
on a number of questions on decentralisation and federalism.
The main actors currently supported in the framework of this project
are the Office of the Prime Minister and the Ministry of Interior, Federal
Affairs and Reconciliation of the Somali Federal Government,
the Federal Member States/Regional Interim Administrations of
Galmudug, Hirshabelle, Jubaland, Puntland and South West State,
as well as the government of the self-declared independent Republic
of Somaliland.
Participants of the 2nd Retreat of the Constitutional Oversight Committee
of the Somali Federal Parliament in Nairobi, Kenya
In the context of this project the first component consists of the
provision of technical advice and comparative legal research upon
request by the project partners. The second project component
entails the provision of a number of capacity building workshops
on comparative models and ideas of political decentralisation
through a training-of-trainers approach. Based on this methodology,
locally employed Somali legal advisers are being trained by
– 58 –

international research fellows from the Max Planck Foundation so
that they are able to organise regular training programmes on comparative
decentralisation for the relevant staff of the project partner
institutions to which they have been assigned. These activities
are expected to equip project partners with further knowledge and
enable them to discharge their functions in the fields of decentralisation
and federalisation based on a better understanding of
general legal concepts and comparative models of political decentralisation.
The decentralisation and federalisation process in Somalia is far
from being concluded. There is still a need for regulation especially
in the areas of division of powers and competences between the
different levels of government as well as on questions of building
the respective constitutional and legal framework.
Mogadishu, Somalia
– 59 –

SOUTH SUDAN
SUPPORTING TRANSITIONAL JUSTICE
CAPACITIES OF THE SUPREME COURT
OF SOUTH SUDAN
STRENGTHENING THE RULE OF LAW
IN SOUTH SUDAN
Funded by:
European Union
– 60 –

2017 saw the continuation in South Sudan of the armed confrontation
between the Sudan People’s Liberation Movement and the
armed opposition group SPLM-In Opposition. Additionally, several
splinter armed groups emerged, further fragmenting the armed
confrontation and making a peaceful resolution of the conflict all
the more difficult. Nevertheless, efforts to bring this conflict to an
end persisted, with the United Nations, the African Union, and the
regional Inter-Governmental Authority on Development (IGAD) all
reiterating their support for the full implementation of the 2015
Agreement on the Resolution of the Conflict in the Republic of
South Sudan (ARCSS). In furtherance of this support, IGAD endorsed
a ‘High-Level Revitalisation Forum’ in 2017 to bolster implementation
of the ARCSS, with a threefold mandate: to restore a
permanent ceasefire; to fully implement the ARCSS; and finally, to
revise the implementation schedule in order to ensure elections
are still held at the end of the timetable.
The first workshop with the Transitional National Legislative Assembly of South
Sudan in Juba
Of particular note in the ARCSS is Chapter V, which requires the
establishment of judicial and non-judicial transitional justice institutions
to address the violations that occurred, and still occur,
in the course of the conflict. These include a Commission for Truth,
Reconciliation and Healing, a Compensation and Reparations Authority
and a Hybrid Court for South Sudan.
Since 2016 the Max Planck Foundation has worked in cooperation
with the Supreme Court of South Sudan, and with the financial
– 61 –

Since 2016 the Max
Planck Foundation
has worked in cooperation
with the Supreme Court of
South Sudan, and with the
financial assistance of the
German Federal Foreign
Office, to implement a project
to provide technical capacity
building to the members of
the Supreme Court and Courts
of Appeal on transitional
justice.
assistance from the German Federal Foreign Office, to implement
a project to provide technical capacity building to the members of
the Supreme Court and Courts of Appeal on transitional justice.
The first component of this project, providing technical capacity
building on the international law underpinnings and mechanisms
of transitional justice, was completed in 2017 with the implementation
of two workshops in addition to the two earlier implemented
in 2016. The second component, on the technical aspects of
implementing judicial mechanisms of transitional justice, with
particular focus on international criminal law, also commenced in
2017.
Upon the request of the leadership of the South Sudan Supreme
Court, technical capacity building on transitional justice was also
extended to the judges of the lower courts, with a separate workshop
on international law and transitional justice organised for the
judges of the High Courts and County Courts of South Sudan. Furthermore,
upon consultation with the German Federal Foreign Office,
another separate workshop was held for the new members of
the Transitional National Legislative Assembly (established under
Chapter I, ARCSS), on the constitutional foundations of the role of
parliament.
Moving forward, the Foundation shall work towards the full implementation
of the project with additional workshops on the implementation
of judicial mechanisms of transitional justice for the
justices of the Supreme Court and Courts of Appeal, thereby contributing
to the overall objective of the advancement of the country
as a peaceful, stable and democratic nation.
Additionally, the Foundation inaugurated the project “Strengthening
the Rule of Law in South Sudan”, funded by the European Union,
in December 2017. This project aims to provide technical legal
assistance and capacity building to a range of rule of law actors
in the country, including: the judiciary, academia, various justice
sector stakeholders, the Transitional National Legislative Assembly
(and any succeeding entity) and the Ministry of Justice and Constitutional
Affairs. This project is foreseen to run until December
2020.
– 62 –

Juba, South Sudan
– 63 –

SRI LANKA
THE IMPLEMENTATION OF UNCLOS:
SUPPORTING A CODE OF CONDUCT
FOR THE INDIAN OCEAN
SRI LANKA: COMPARATIVE STUDY
ON CONSTITUTIONAL ADJUDICATION
Funded by:
– 64 –

After decades of civil war, Sri Lanka is a country in transition. It
aims to negotiate a new constitution and, in the coming decade,
become an upper-middle-income country. In addition, Sri Lanka
is seeking to establish itself as a hub in the Indian Ocean and
play a constructive role in the development of an ocean policy in
the region. In order to support the peaceful transition and development
of the country, the Max Planck Foundation is working on
various topics in the areas of constitutional law and public international
law, with a special focus on the law of the sea. The work
of the Foundation in Sri Lanka aims to provide assistance by the
strengthening of both the formation of institutions within Sri Lanka
and its international legal capacity, particularly regarding maritime
issues.
One of the Foundation’s projects aims to support the constitutional
reform process with research and best practice examples in the
area of constitutional adjudication, responding dynamically to the
changing outlook. This project takes a comparative legal approach
methodology, based on respect for local ownership, to offer legal
research on constitutional adjudication mechanisms for Sri Lanka.
Lecture on "The Dispute Settlement System under UNCLOS: Current Trends"
by Professor Wolfrum at the Lakshman Kadirgamar Institute of International
Relations and Strategic Studies in Colombo, Sri Lanka
– 65 –

In order to support
the peaceful
transition and development
of the country, the Max Planck
Foundation is working on
various topics in the areas of
constitutional law and public
international law, with a special
focus on the law of the sea.
The work of the Foundation
in Sri Lanka aims to provide
assistance by the strengthening
of both the formation of
institutions within Sri Lanka
and its international legal
capacity, particularly regarding
maritime issues.
This will support the decision making process for the most appropriate
mechanism for the new constitution. Following on from the
2017 comparative research study on constitutional adjudication
mechanisms, in 2018, the mandate for the project is broader and
will involve in-depth research on constitutional law issues based
on requests from Sri Lankan stakeholders.
The law of the sea project aims to support the Prime Minister’s initiative
for a Code of Conduct for Freedom of Navigation in the Indian
Ocean through assisting the Prime Minister’s Office and the
Task Force to ensure compatibility of any future code of conduct
with the international legal framework. While at all times ensuring
local ownership, the Foundation held a lecture and initial consultation
with Task Force members in late 2017. The outlook for 2018
is the Foundation’s continued support for the Task Force’s endeavours
through further consultations and the provision of research
papers on key issues, particularly in relation to ensuring the compatibility
of any provisional code of conduct with the United Nations
Convention on the Law of the Sea and other relevant international
and regional law of the sea instruments. This will include,
not only navigational freedoms generally, but also in part economic
issues, maritime safety and security, and other pertinent topics.
The Foundation will work in coordination with the Task Force, Prime
Minister’s Office and other local actors to ensure the provision of
tailored support to fit the needs of the stakeholders in developing
the Code of Conduct.
– 66 –

– 67 –
The Parliament of Sri Lanka in Sri Jayewardenepura Kotte

SUDAN
SUPPORT TO INCLUSIVE
CONSTITUTIONAL REFORM
IN THE REPUBLIC OF THE SUDAN
Funded by:
– 68 –

Following South Sudan’s secession from the Republic of the Sudan,
the internal political situation in the latter never completely
calmed down. Enormous social, political, economic, and security
challenges remained on the agenda, which also kept the political
dialogue in the country alive. This led to a growing demand
for constitutional reform from the side of the various opposition
groups and the civil society. In January 2014 in reaction to this, the
Sudanese President Omar Al-Bashir called upon all Sudanese political
forces and civil society to take part in an inclusive National
Dialogue aimed at finding a common consensus on peaceful and
conciliatory solutions to the contemporary challenges allowing
for a lasting comprehensive stability in the country. The National
Dialogue was intended to culminate in a constitutional reform to
enshrine the agreements reached in a new permanent constitution
replacing the current Interim National Constitution of the Republic
of the Sudan of 2005 (INC).
Since 2014,
the Max Planck
Foundation has been
supporting the commitments
of the Republic of the
Sudan towards an inclusive
constitutional reform with
the generous support
of the German Federal
Foreign Office. In 2017, the
Foundation consequently
continued these efforts by
providing technical legal
assistance and capacity
building in the area of
comparative constitutional
law within two individual
projects both directed
at relevant Sudanese
stakeholders and actors
involved in the constitutional
reform.
University of Khartoum, Faculty of Law, Khartoum, Sudan
However, while the National Dialogue Conference was eventually
launched in October 2015, it did not materialise in an inclusive
process, as it was conducted without the participation of the major
opposition parties. Beyond, following its completion and the
launch of its Outcome Document in October 2016, the National Dialogue
also did not directly lead up to a comprehensive constitutional
reform as initially envisaged. While to this day, several constitutional
amendments to the INC were already introduced; the
Republic of the Sudan still continues to pursue a more substantial
constitutional reform based on the principles laid out in the National
Dialogue’s Outcome Document.
Since 2014, the Max Planck Foundation has been supporting the
commitments of the Republic of the Sudan towards an inclusive
– 69 –

constitutional reform with the generous support of the German
Federal Foreign Office. In 2017, the Foundation consequently continued
these efforts by providing technical legal assistance and
capacity building in the area of comparative constitutional law
within two individual projects both directed at relevant Sudanese
stakeholders and actors involved in the constitutional reform. All
activities in the projects are conducted with the support of international
specialists (prioritising African) and national experts from
the Sudan underlining that the constitutional reform reflects the
aspiration of the Sudanese people and is not considered as a process
steered from the outside.
One of the projects is thematically focussed on a technical assessment
and critical analysis of the INC and its implementing legislation
from a comparative constitutional law perspective. It was
thereby also aimed especially at encouraging discussions on the
different options for a future Sudanese constitutional order across
party-political lines and within a neutral and inclusive forum by approaching
the political challenges through a technical legal lens.
For this reason, the Foundation convened dignitaries and influential
high-ranking members of the Sudanese government and of the
major opposition parties, as well as representatives of civil society,
the regions and additional interest groups in its workshops. Based
on the thematics under discussion in the workshops, the participation
of selected institutional representatives, such as of the Sudanese
National Human Rights Commission, further promoted a
technocratic level of institutional involvement.
All in all the Foundation implemented five capacity building workshops
in 2017 on various aspects of constitutional law such as the
separation of powers and elections in this project. While most of
the activities were conducted in Khartoum, the workshop on financial
and economic matters was held in Amman allowing the participants
to directly benefit from Jordan’s experience dealing with similar
questions in this respect. From the start, the Foundation had
also planned to hold a workshop on identity in Darfur to enable a
greater inclusion of regional groups, which are often marginalised
from political discourse. As the Foundation was unable to hold the
workshop in Nyala in the end, it invited a ten-person delegation
from the Darfur region to a workshop in Khartoum instead. This
gave them the opportunity to expound their views and existing ideas
in the workshop’s constitutional discussions. A final high-level
conference completed the programme in December by presenting
the outcome of the project to top dignitaries of the Sudanese and
international political and legal spectrum in Khartoum also allowing
for an open floor for statements and discussions on the current
constitutional reform.
Additionally in 2017, the Foundation started its latest initiative
being directed at enhancing the legal capacities of the Sudanese
– 70 –

National Legislature in the area of constitutional law as the Sudanese
legislature is expected to assume a key function within the
continuing constitutional reform. Throughout this comprehensive
programme, the Foundation is providing legal capacity building
training on a technical level to members of the Sudanese National
Assembly and the Sudanese Council of States on core matters of
constitutional law and constitutional drafting processes. As always,
the training follows an academic and comparative law approach
outlining international legal standards and introducing best model
practices on constitutional design. These are rigorously chosen in
accordance with the needs and prerequisites of the Sudanese and
with respect to the Sudanese constitutional framework and context
in general. The opening workshop was convened at the seat
of the National Assembly in Omdurman, which is a great sign of
confidence and trust in the neutral, independent and non-political
work of the Foundation in Sudan. The Foundation will continue this
project in 2018.
Khartoum, Sudan
– 71 –

PUBLICATIONS
OFFICE
– 72 –

– 73 –

Frauke Lachenmann (left) with Margrét Sólveigdóttir
THE MAX PLANCK FOUNDATION’S
PUBLICATIONS
OFFICE
An Interview with
Frauke Lachenmann and
Margrét Sólveigardóttir
– 74 –

At the Foundation three renowned peer-reviewed publications are being edited:
the Max Planck Encyclopedia of Public International Law (MPEPIL),
the Max Planck Encyclopedia of Comparative Constitutional Law (MPECCoL)
and the Max Planck Yearbook of United Nations Law (UNYB).
The Foundation’s publications office is headed by Frauke Lachenmann who is
supported by Margrét Sólveigardóttir. Together, the two researchers manage the
entire editorial process for all three publications.
What topics do the MPEPIL / MPECCoL / UNYB publications
cover?
Frauke Lachenmann: The UNYB is an annual publication that
deals with UN-related issues and activities. When it was founded
in 1997 by the then Directors of the Max Planck Institute for
Comparative Public Law and International Law, it was the first
journal of its kind.
MPEPIL (www.mpepil.com) covers the entirety of public international
law in more than 1,600 entries. First published as an
online database with OUP in 2008, it is still growing. MPEPIL
is rather unique because it brings together contributors from
more than 90 countries and their perspectives. With 683,000
views in 2017, it is the most used reference work in public international
law worldwide.
MPECCoL (www.mpeccol.com) is the newest and definitely the
most innovative of our three publication projects. It was started
in 2017 in response to the exploding interest in comparative
constitutional law studies. We have attracted contributors
from all over the world who analyse how constitutional topics
are dealt with in a variety of jurisdictions. As with MPEPIL, the
idea is to collate all this extensive information into one comprehensive
reference guide that scholars can work with.
Max Planck Encyclopedia
of Public International Law
General Editor:
Rüdiger Wolfrum
Managing Editor:
Frauke Lachenmann
Funded and published by:
What is special about the publications compared with other
major publication projects in the field of public international
law (comparative law)?
Frauke Lachenmann: While UNYB was unique in its focus on
the UN, MPEPIL and MPECCoL are unique due to their format.
In the early 2000s, people thought that Encyclopedias were a
thing of the past and had no place in modern academia. However,
the internet has been a game changer. Suddenly, scholars
have vast amounts of material at their hands that need to
– 75 –

e organised. The challenge for us is to collect all that material
in a comprehensive framework, presenting it in an easy-to-access
manner and also offering analysis.
Max Planck
Encyclopedia
of Comparative
Constitutional Law
At the same time as reviving the classic format of the Encyclopedia,
we have gone truly global by inviting contributors from all over the
world. Both international law and comparative constitutional law
have long suffered from regional restrictions and biases, affecting
both their author base and their topics. Comparative constitutional
law studies, for example, tend to concentrate on isolated topics
and a few usual suspects – Western countries, South Africa, maybe
Colombia. We seek to change that.
Max Planck Encyclopedia
of Comparative
Constitutional Law
General Editors:
Rainer Grote,
Frauke Lachenmann,
Rüdiger Wolfrum
Managing Editor:
Margrét Sólveigardóttir
Funded by:
Oxford University Press,
Fritz Thyssen Stiftung
Published by:
What is the usual publication process?
Margrét Sólveigardóttir: For the Encyclopedias, it is a long process
that requires tight organisation. I am in constant close contact with
the contributors and also supervise the editorial work.
For quality control we rely on an Advisory Board of highly acclaimed
experts. In addition, every contribution will be read by the three
General Editors. Review is rigorous. After all, these articles will be
in the books for a long time, and readers will use them as point of
reference.
What are the major challenges of your work?
Frauke Lachenmann: The challenges that our authors face are also
our own, because we guide them through the writing process.
The encyclopedic format is daunting, as you need to be concise,
neutral, and yet thoroughly comprehensive. This is a challenge for
MPEPIL authors and even more so for MPECCoL authors. As an academic,
you come from a certain legal background that impacts
your own perspective and the constitutional “lenses” that you are
seeing other countries’ laws through. The inevitable struggles of
the comparatist are multiplied by the wide geographical scope we
are looking for.
On top of that, I see a clash of academic cultures. Continental lawyers
tend to have little problems with a largely descriptive reference-work
style, while Anglo-American colleagues are used to analytical
pieces in the form of an essay. Getting them to find the
middle ground can be a challenge.
What do you like most about your work?
Margrét Sólveigardóttir: What fascinates me the most about my
work is the diversity, both as regards the subjects we are dealing
with but not least the authors, ranging from young up-and-coming
enthusiasts to renowned experts from around the globe. I am
also amazed by the vast knowledge of our general editors and
– 76 –

advisory board members, who themselves are like walking encyclopedias.
The work in the Foundation has broadened my horizon
in many ways. I have gained valuable practical experience as well
as input and inspiration for my own research. Last but not least,
what makes the Foundation a nice place to work are the colleagues!
Frauke Lachenmann: Reading, reading, reading! I get to look at
topics that are beyond my personal research focus, and I am constantly
learning. Being faced with so many different perspectives
is an amazing experience that has expanded my own continental
academic outlook.
Are there any plans for new publication projects in the future?
Max Planck Yearbook
of United Nations Law
Editors:
Frauke Lachenmann,
Tilmann J. Röder,
Rüdiger Wolfrum
Funded and published by:
Margrét Sólveigardóttir: Having already received outstanding
contributions from our fellow researchers at the Foundation for all
three publications on a variety of different subjects, we would be
interested in using the in-house expertise to develop a publication
project related to the Foundation’s field of work.
Frauke Lachenmann: I second Margrét; we hope to compile the experience
gathered through the Foundation’s activities in a publication
or a series of publications. The expertise gained by the Foundation’s
staff is unparalleled. We would like to make it accessible
to other scholars and practitioners.
– 77 –

– 78 –
OUTLOOK

– 79 –

OUTLOOK
2018
In 2017, five years after its establishment, the Max Planck Foundation
underwent an extensive review and evaluation process by
the Max Planck Society for the Advancement of Science (as sole
shareholder) as well as the Scientific and Development Policy Advisory
Committee. While the Max Planck Society focused on administrative
and financial aspects in its review, the Advisory Committee
concentrated on the substantive work delivered in the first five
years, both academically as well as the output delivered to different
partner countries in the rule of law assistance. Based on excellent
feedback on the Foundation’s work, both bodies expressed
their strong support and encouraged the Foundation to continue
and expand its activities, providing valuable input for the further
development of the organisation.
Therefore, after the successful completion of the initial five-year
phase, in 2018 and beyond the Foundation will thrive to:
Enhance its thematic expertise: Law of the Sea and mediation are
two examples of thematic areas that the Foundation will further
focus on in 2018. This is mainly based on the increasing number of
requests from partners asking for support in these areas.
Build new partnerships: in reaction to partners’ requests, new
forms of cooperation and activities are being developed to improve
how the Foundation’s expertise is shared in the most sustainable
way for local partners. One of these is secondments of
the Foundation’s research staff to institutions in project countries,
which lead to a mutual and long lasting knowledge exchange. This
is anticipated, inter alia, in Afghanistan and Sri Lanka – two of
the Foundation’s focus countries in Asia. Another example is the
implementation of a countrywide court mapping project in South
Sudan that will provide a comprehensive overview of the statutory
court structure in the entire country.
Further develop its structure, network and communication strategy:
the Foundation will be joining major social media platforms
to increase transparency and to better promote projects and activities
to partners, donors and interested members of the public.
It is imperative that the Foundation joins these new means of
– 80 –

communication to encourage engagement and to drive awareness
of its work. Also, fostering its alumni network of former research
staff, consultants and guests is desired. By creating such a platform
for mutual exchange, experiences can be shared and best practices
can be identified.
With this agenda, the Foundation will continue to enhance its areas
of expertise and at the same time strengthen its mission and vision
in project countries by remaining loyal to the Foundation’s guiding
principles.
Bago, Myanmar
– 81 –

Editor
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