GLEISSON ARAUJO REPORTS: ICLAD APPROACH REVEALS NEW INSIGHTS INTO BRAZILIAN AGRARIAN REFORM

In my opinion, one of the greatest obstacles to development—economic or human—boils down to our inadequate understanding of the problems we confront. Too often, well-intentioned but unskilled policy- and law-makers base their decisions on what "appears" as the problem instead of the actual problem. Now, because law- and policy-making remain political processes, conflicting interest groups shape the policy agenda. These conflicts can lead to oversimplification and overgeneralization of social problems, which produce legal and policy recommendations and solutions that fail to address the real causes of the problems.

Training at ICLAD forces one to look beyond lack or poor distribution of resources. The training's emphasis on the 'harm' and the 'harmed' leads the trainee to abandon preconceived notions about the issue at hand. The methodology invites us to look for facts that explain problematic human behaviors that contribute to the social problem. One cannot overstate the importance of looking at social issues through the lens of human behavior; to do otherwise means we look at these issues abstractly, as though they materialized out of thin air. At ICLAD one learns that law and policies can only be effective when they transform problematic behaviors into constructive ones. To accomplish that goal one must really understand whose and what behaviors contribute to the problem.

The trainers' stress on details, facts, and narrowing down an issue becomes invaluable in situations where the problem itself and those involved prove challenging to disentangle. The problem-solving methodology employed at ICLAD embodies the true meaning of problem solving: not only does the method lead one to the root of the problem, but the solutions offered are intrinsically linked to the findings on the report. Most importantly, at ICLAD one learns that trying to grapple with too many issues at once might prove counterproductive, if not harmful, in the long run. By recognizing the complexities of problems plaguing many societies, the methodology, well-grounded and honest, often calls for further research and a comprehensive legislative program to effectively address the problem. At ICLAD they understand that societies are dynamic, and law- and policy-makers must take into account these changes. A trainee learns to devise effective monitoring and evaluation mechanisms to ensure the relevance of the laws as effective tools to promote social justice and development.

The training however, goes beyond the sociology of the law and takes the trainee to the body of the law itself, often a source of vagueness and confusion. Classes on legislation and legislative drafting equip students with skills necessary to assess legislation and write effective bills. Drafting clinics prepare trainees for real-world scenarios and teach them the importance of drafting laws that clearly specify the who, what, when, and how, which every law and policy should address.

 

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