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There is a general sense that the legal system in India is inefficient. First, there is over-legislation and unnecessary State intervention, both in the form of statutes and administrative law (rules, regulations, procedures). This increases non-transparency and contributes to rent-seeking, which is not distributionally neutral, because the relatively poor tend to suffer more. Second, over-legislation exists simultaneously with under-governance, because laws aren't enforced and the dispute resolution system, including enforcement of contracts, isn't credible.

Reforming legal institutions is not only a desirable end in itself, it also has the byproduct of adding to GDP growth. While these points are unassailable, most empirical work on documenting inefficiencies of the Indian legal system is fraught with problems. For a start, cross-country comparisons tend to be overly simplistic, ignoring the specifics of the legal regime and the context within which the country is situated. In addition, legal indicators used, even when they are not cross-country, tend to be too macro and aggregate and are indiscriminately used. For instance, data collected for Hyderabad are applied to all of Andhra Pradesh. This paper adopts a different approach. It draws contrasts between Gurgaon and Faridabad, districts (and towns) not only located within the same State, but also districts with similar historical and geographical backgrounds. This enables one to control for many variables that cause different trajectories of legal and economic development within and across countries. The paper then seeks to explain the differential growth in these two geographical regions through differences in the legal land regimes.

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Stephen Krasner is a former director of CDDRL, deputy director of FSI, an FSI senior fellow, and the Graham H. Stuart Professor of International Relations at Stanford University.

From February 2005 to April 2007 he served as the Director of Policy Planning at the US State Department. While at the State Department, Krasner was a driving force behind foreign assistance reform designed to more effectively target American foreign aid. He was also involved in activities related to the promotion of good governance and democratic institutions around the world

At CDDRL, Krasner was the coordinator of the Program on Sovereignty. His work has dealt primarily with sovereignty, American foreign policy, and the political determinants of international economic relations. Before coming to Stanford in 1981 he taught at Harvard University and UCLA. At Stanford, he was chair of the political science department from 1984 to 1991, and he served as the editor of International Organization from 1986 to 1992.

He has been a fellow at the Center for Advanced Studies in the Behavioral Sciences (1987-88) and at the Wissenschaftskolleg zu Berlin (2000-2001). In 2002 he served as director for governance and development at the National Security Council. He is a fellow of the American Academy of Arts and Sciences and a member of the Council on Foreign Relations.

His major publications include Defending the National Interest: Raw Materials Investment and American Foreign Policy (1978), Structural Conflict: The Third World Against Global Liberalism (1985), and Sovereignty: Organized Hypocrisy (1999). Publications he has edited include International Regimes (1983), Exploration and Contestation in the Study of World Politics (co-editor, 1999), and Problematic Sovereignty: Contested Rules and Political Possibilities (2001). He received a BA in history from Cornell University, an MA in international affairs from Columbia University and a PhD in political science from Harvard.

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Senior Fellow at the Freeman Spogli Institute for International Studies, Emeritus
Graham H. Stuart Professor of International Relations
Senior Fellow at the Hoover Institution, Emeritus
krasner.jpg MA, PhD

Stephen Krasner is the Graham H. Stuart Professor of International Relations. A former director of CDDRL, Krasner is also an FSI senior fellow, and a fellow of the Hoover Institution.

From February 2005 to April 2007 he served as the Director of Policy Planning at the US State Department. While at the State Department, Krasner was a driving force behind foreign assistance reform designed to more effectively target American foreign aid. He was also involved in activities related to the promotion of good governance and democratic institutions around the world.

At CDDRL, Krasner was the coordinator of the Program on Sovereignty. His work has dealt primarily with sovereignty, American foreign policy, and the political determinants of international economic relations. Before coming to Stanford in 1981 he taught at Harvard University and UCLA. At Stanford, he was chair of the political science department from 1984 to 1991, and he served as the editor of International Organization from 1986 to 1992.

He has been a fellow at the Center for Advanced Studies in the Behavioral Sciences (1987-88) and at the Wissenschaftskolleg zu Berlin (2000-2001). In 2002 he served as director for governance and development at the National Security Council. He is a fellow of the American Academy of Arts and Sciences and a member of the Council on Foreign Relations.

His major publications include Defending the National Interest: Raw Materials Investment and American Foreign Policy (1978), Structural Conflict: The Third World Against Global Liberalism (1985), Sovereignty: Organized Hypocrisy (1999), and How to Make Love to a Despot (2020). Publications he has edited include International Regimes (1983), Exploration and Contestation in the Study of World Politics (co-editor, 1999),  Problematic Sovereignty: Contested Rules and Political Possibilities (2001), and Power, the State, and Sovereignty: Essays on International Relations (2009). He received a BA in history from Cornell University, an MA in international affairs from Columbia University and a PhD in political science from Harvard.

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Stephen Krasner Graham H. Stuart Professor of International Relations and Senior Fellow at the Freeman Spogli Institute and the Hoover Institution; Deputy Director Speaker FSI
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This seminar examines possible explanations for a striking anomaly in the distribution of democracies around the world. While 60 percent of all the independent states in the world are at least electoral democracies, the Arab world is alone among major regions in lacking a critical mass of democracies. In fact, not a single one of the states of the Arab Middle East is classified by Freedom House as a democracy today. This presentation examines possible cultural, historical, economic, political, institutional, and geostrategic explanations for the democracy deficit in the Arab world. Rejecting some of these possible explanations as implausible or untenable, it affirms others and considers what factors might foster transitions to constitutional democracy in the Arab world.

Summary
Larry Diamond's presentation explored the question of why there is no Arab democracy in the Middle East and North Africa. Using Freedom House panel data, he demonstrated the relatively stagnant levels of democratic freedoms that have typified this authoritarian slice of geography for the last several decades: only two countries out of nearly twenty could be considered electoral democracies, and these were the non-Arab states of Turkey and Israel. He next sifted through several potential explanations for the absence of democratization.

The first was the culturalist thesis, that something inherent within Islam or Arab culture precludes the formation of a genuinely democratic set of institutions and values. However, the presence of democracy in other non-Western regions casts doubt on this contention. The second was economic development, a popular variable often correlated with democratic transitions; however, Arab autocracies each have analogues in other regions with similar levels of development but with democratic governments. More plausibly, a variety of political and institutional variables lay at the heart of the problem. For one, these regimes have become extremely adept at repressing dissidents and reformists within their societies. For another, they have adopted an adaptable ecology of liberalization, in which short bursts of political reform relieve temporary demands for reform while leaving intact executive monopolies over state resources. Further, they efficiently divide opposition parties and civic forces, often by imposing electoral rules and regulations that make it impossible for civil society-which is generally weak and fragmented-to mount concerted campaigns against the state apparatus. Finally, the dual conundrums of Islamism and the Arab-Israeli conflict play into each regime's survival strategy.

Authoritarian incumbents play up the nightmare of Islamic extremists gaining power to curry favor with the West and delay reforms; they also use the Palestinian issue to defuse popular grievance by way of rechanneling indignation against Israel.

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Mosbacher Senior Fellow in Global Democracy at the Freeman Spogli Institute for International Studies
William L. Clayton Senior Fellow at the Hoover Institution
Professor, by courtesy, of Political Science and Sociology
diamond_encina_hall.png MA, PhD

Larry Diamond is the William L. Clayton Senior Fellow at the Hoover Institution, the Mosbacher Senior Fellow in Global Democracy at the Freeman Spogli Institute for International Studies (FSI), and a Bass University Fellow in Undergraduate Education at Stanford University. He is also professor by courtesy of Political Science and Sociology at Stanford, where he lectures and teaches courses on democracy (including an online course on EdX). At the Hoover Institution, he co-leads the Project on Taiwan in the Indo-Pacific Region and participates in the Project on the U.S., China, and the World. At FSI, he is among the core faculty of the Center on Democracy, Development and the Rule of Law, which he directed for six and a half years. He leads FSI’s Israel Studies Program and is a member of the Program on Arab Reform and Development. He also co-leads the Global Digital Policy Incubator, based at FSI’s Cyber Policy Center. He served for 32 years as founding co-editor of the Journal of Democracy.

Diamond’s research focuses on global trends affecting freedom and democracy and on U.S. and international policies to defend and advance democracy. His book, Ill Winds: Saving Democracy from Russian Rage, Chinese Ambition, and American Complacency, analyzes the challenges confronting liberal democracy in the United States and around the world at this potential “hinge in history,” and offers an agenda for strengthening and defending democracy at home and abroad.  A paperback edition with a new preface was released by Penguin in April 2020. His other books include: In Search of Democracy (2016), The Spirit of Democracy (2008), Developing Democracy: Toward Consolidation (1999), Promoting Democracy in the 1990s (1995), and Class, Ethnicity, and Democracy in Nigeria (1989). He has edited or coedited more than fifty books, including China’s Influence and American Interests (2019, with Orville Schell), Silicon Triangle: The United States, China, Taiwan the Global Semiconductor Security (2023, with James O. Ellis Jr. and Orville Schell), and The Troubling State of India’s Democracy (2024, with Sumit Ganguly and Dinsha Mistree).

During 2002–03, Diamond served as a consultant to the US Agency for International Development (USAID) and was a contributing author of its report, Foreign Aid in the National Interest. He has advised and lectured to universities and think tanks around the world, and to the World Bank, the United Nations, the State Department, and other organizations dealing with governance and development. During the first three months of 2004, Diamond served as a senior adviser on governance to the Coalition Provisional Authority in Baghdad. His 2005 book, Squandered Victory: The American Occupation and the Bungled Effort to Bring Democracy to Iraq, was one of the first books to critically analyze America's postwar engagement in Iraq.

Among Diamond’s other edited books are Democracy in Decline?; Democratization and Authoritarianism in the Arab WorldWill China Democratize?; and Liberation Technology: Social Media and the Struggle for Democracy, all edited with Marc F. Plattner; and Politics and Culture in Contemporary Iran, with Abbas Milani. With Juan J. Linz and Seymour Martin Lipset, he edited the series, Democracy in Developing Countries, which helped to shape a new generation of comparative study of democratic development.

Download full-resolution headshot; photo credit: Rod Searcey.

Former Director of the Center on Democracy, Development and the Rule of Law
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Abebe Gellaw came to Stanford as the 2008-09 John S. Knight Fellow for Professional Journalists and Yahoo International Fellow. He is currently a visiting fellow at the Hoover Institution and visiting scholar at the Centre on Democracy Development and Rule of Law. He is working on a book project, Ethiopia under Meles: Why the transition from military rule to democracy failed.

He holds a bachelor's degree in Political Science and International Relations from the Addis Ababa University ['95] and a post-graduate diploma in law from London Metropolitan University ['03]. He began his career in journalism in 1993 as a freelance writer focusing on human rights and political issues. He worked for various print and online publications including the Ethiopian Herald, the only English daily in the country. Abebe is also a founding editor of Addisvoice.com, a bilingual online journal focusing on Ethiopia and the Horn of Africa.

He has received many awards and bursaries including, an international journalism training bursary at the London-based Reuters Foundation in 1998. He also received a Champions of Change Millennium Award in 2002 and was subsequently awarded lifetime membership of the Millennium Awards Fellowships in the UK. He also received a British Telecom Community Connections Award that same year. In 2007, he was honored by the UK branch of the Coalition for Unity and Democracy for his commendable journalism and advocacy endeavors.

His recent articles appeared in the Far East Economic Review and Global Integrity's  The Corruption Notebooks 2008, a collection of essays on corruption and abuse of power written by leading journalists around the word. 

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In 2011, the Program on Human Rights (PHR) launched its research initiative on human trafficking to address the main challenges and generate new knowledge on this issue of international concern. Working in collaboration with Stanford faculty and students, this project builds on research underway across the university to create a forum on human trafficking. The goal is to produce collaborative research and policy recommendations to better address the multiple dimensions of human trafficking.

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Rising leaders from some of the world’s most complex and challenging nations, including China, Russia, Ukraine, Iraq, Kenya, Nigeria, South Africa, and the Democratic Republic of the Congo, have just completed a three-week seminar at Stanford as Draper Hills Summer Fellows on Democracy and Development. This year’s extraordinary class of fellows included members of parliament, government advisors, civic activists, leading jurists, journalists, international development experts and founders of non-governmental organizations (NGOs).

Each year, several hundred applicants apply to FSI’s Center on Democracy, Development, and the Rule of Law (CDDRL), the convener of the program, for the 26-28 slots available to study and help foster linkages among democracy, economic development, human rights, and the rule of law. Now in its fifth year, the program has received generous gifts from William Draper III, a Silicon Valley entrepreneur, in honor of his father, Maj. Gen. William H. Draper, Jr., a chief advisor to Gen. George Marshall and chief diplomatic administrator of the Marshall Plan in Germany, and Ingrid von Mangoldt Hills, a former journalist, in honor of her husband, Reuben Hills, a leading San Francisco philanthropist and president and chairman of the board of Hills Bros. Coffee.

Draper Hills Summer Fellows are innovative, courageous, and committed leaders, who strive to improve governance, enhance civic participation, and invigorate development under very challenging circumstances," said CDDRL Director Larry Diamond. “This year’s fellows were absolutely extraordinary, learning from us we hope, but also teaching all of us about the progress they are making and the obstacles they confront in a diverse set of countries.  We were not only sobered by the difficulties they must address on a daily basis but also uplifted by their accounts of programs that are working to deepen democracy, improve government accountability, strengthen the rule of law, energize civil society, and enhance the institutional environment for broadly shared economic growth.”

The three-week seminar is taught by an all star faculty, which in addition to Diamond, includes CDDRL Deputy Director Kathryn Stoner, Stanford president emeritus and constitutional law expert Gerhard Casper, FSI Deputy Director and political science professor Stephen D. Krasner, Erik Jensen and Allen S. Weiner from the Stanford law school, Avner Greif from the Department of Economics, Peter Henry from the Graduate School of Business, FSI Senior Fellow Helen Stacy, former FSI Director and current Program on Food Security and the Environment deputy director Walter P. Falcon, Mark C. Thurber, acting director of FSI’s Program on Energy and Sustainable Development, and Nicholas Hope, director of the Stanford Center on International Development.

Other leading experts and practitioners who engaged the fellows included democracy and governance expert Francis Fukuyama, who joins CDDRL as Olivier Nomellini Senior Fellow in July 2010, National Endowment for Democracy President Carl Gershman, United States Court of Appeals Judge Pamela Rymer, International Center on Nonviolent Conflict founding chair Peter Ackerman, the center’s president, Jack DuVall, former Peruvian president Alejandro Toledo, and former Secretaries of State George Shultz and Condoleezza Rice.

Faculty devoted the first week of the seminar to defining the fundamentals of democracy, good governance, economic development, and the rule of law, and in the second week turned to the issue of transitions and the feedback mechanisms between democracy, development, and a predictable rule of law. The third week examined the critical – and often controversial – role of international assistance to foster and support democracy, judicial reform, and economic development, including the proper role of foreign aid.

Against this backdrop, fellows emphasized domestic imperatives for fostering growth, social inclusion, and transformation, centering on the importance of political will and sound institutions.  In session after session, they wrestled with the concrete and all too common impediments to progress—from corruption, cronyism, and authoritarian regimes, to the fragility of conflict-ridden, multi-ethnic polities.  As an activist from strife-torn Iraq said, “Democracy is not just a way of governing. It is a way of living, a way of thinking about life.”“Democracy is not just a way of governing. It is a way of living, a way of thinking about life”

In spirited debates, in the formal seminar sessions and beyond the classroom to the Munger residence where the fellows stayed, the fellows stressed how they had all taught and learned from each other.  A rising leader from South Africa aptly summarized, “We have dispelled each other’s myths.”

As the Draper Hills Fellows expressed their profound gratitude to their faculty and mentors, they reinforced the importance of staying in touch through a virtual online community – a “common space” as defined by a member of parliament from Ukraine, that would let them look forward and look back, perhaps a decade from now, at case studies of success and failure, and the all important roles that political will and leadership played in determining outcomes.  “Stay tuned,” said Diamond and Stoner-Weiss. “Important lessons are still to come.”

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Fariz Ismailzade, Azerbaijan, is director of the Advanced Foreign Service Program at the Azerbaijan Diplomatic Academy (ADA) within the Ministry of Foreign Affairs. Prior to joining ADA, Fariz worked for 10 years in the NGO sector of Azerbaijan, most recently as director of political programs at the International Republican Institute. Fariz has also conducted research at the Center for Strategic and International Studies in Washington, D.C.  His research mainly focuses on the geopolitics of the Caucasus region and CIS affairs. Fariz is a regular correspondent for Eurasianet.org, Transitions on Line, Jamestown Daily Monitor and Central Asia-Caucasus Analyst and has written on the politics and economics of Azerbaijan and the Caucasus region for Institute for War and Peace Report, East-West Institute, Analysis of Current Events, Freedom House, CaucasUS Context, Azerbaijan International and Collage. Fariz has also presented at international conferences, including the Middle Eastern Studies Association, NATO Advanced Research Workshop in Kiev, Ukraine, and the Association for Studies of Nationalities in New York.  Since 2006, he has been a recipient of the International Policy Fellowship Research Award.  Fariz earned his BA in political science from Western University in Baku and holds a Masters in social and economic development from Washington University in St. Louis.
 
Elin Suleymanov, Azerbaijan, is Azerbaijan’s first Consul General to Los Angeles, California with personal rank of Envoy Extraordinary and Plenipotentiary. Prior to that he served as Senior Counselor at the Foreign Relations Department, Office of the President in Baku, Azerbaijan and as Press Officer of the Azerbaijani Embassy in Washington, DC. Before joining diplomatic service, Mr. Suleymanov worked with United Nations High Commissioner for Refugees in Azerbaijan and with the Open Media Research Institute in Prague, Czech Republic. A graduate of the Fletcher School of Law and Diplomacy in Medford, Massachusetts, Mr. Suleymanov also holds graduate degrees from the Political Geography department of the Moscow State University, Russia, and from the University of Toledo, Ohio. Mr. Suleymanov speaks Azerbaijani, English, Russian and Czech languages.

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Fariz Ismailzade Director of the Diplomatic Academy Speaker Azerbaijan
Elin Suleymanov Consul General Speaker Azerbaijan to the U.S., and Los Angeles
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Ethnically homogenous communities often do a better job than diverse communities of producing public goods such as satisfactory schools and health care, adequate sanitation, and low levels of crime. Coethnicity reports the results of a landmark study that aimed to find out why diversity has this cooperation-undermining effect. The study, conducted in a neighborhood of Kampala, Uganda, notable for both its high levels of diversity and low levels of public goods provision, hones in on the mechanisms that might account for the difficulties diverse societies often face in trying to act collectively.

The Mulago-Kyebando Community Study uses behavioral games to explore how the ethnicity of the person with whom one is interacting shapes social behavior. Hundreds of local participants interacted with various partners in laboratory games simulating real-life decisions involving the allocation of money and the completion of joint tasks. Many of the subsequent findings debunk long-standing explanations for diversity's adverse effects. Contrary to the prevalent notion that shared preferences facilitate ethnic collective action, differences in goals and priorities among participants were not found to be structured along ethnic lines. Nor was there evidence that subjects favored the welfare of their coethnics over that of non-coethnics. When given the opportunity to act altruistically, individuals did not choose to benefit coethnics disproportionately when their actions were anonymous. Yet when anonymity was removed, subjects behaved very differently. With their actions publicly observed, subjects gave significantly more to coethnics, expected their partners to reciprocate, and expected that they would be sanctioned for a failure to cooperate. This effect was most pronounced among individuals who were otherwise least likely to cooperate. These results suggest that what may look like ethnic favoritism is, in fact, a set of reciprocity norms--stronger among coethnics than among non-coethnics--that make it possible for members of more homogeneous communities to take risks, invest, and cooperate without the fear of getting cheated. Such norms may be more subject to change than deeply held ethnic antipathies--a powerful finding for policymakers seeking to design social institutions in diverse societies.

Research on ethnic diversity typically draws on either experimental research or field work. Coethnicity does both. By taking the crucial step from observation to experimentation, this study marks a major breakthrough in the study of ethnic diversity.

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Globalization creates lucrative opportunities for traffickers of drugs, dirty money, blood diamonds, weapons, and other contraband. Effective countermeasures require international collaboration, but what if some countries suffer while others profit from illicit trade? Only international institutions with strong compliance mechanisms can ensure that profiteers will not dodge their law enforcement responsibilities. However, the effectiveness of these institutions may also depend on their ability flexibly to adjust to fast-changing environments.

Combining international legal theory and transaction cost economics, this book develops a novel, comprehensive framework which reveals the factors that determine the optimal balance between institutional credibility and flexibility. The author tests this rational design
paradigm on four recent anti-trafficking efforts: narcotics, money laundering, conflict diamond, and small arms. She sheds light on the reasons why policymakers sometimes adopt suboptimal design solutions and unearths a nascent trend towards innovative forms of international cooperation which transcend the limitations of national sovereignty.

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Olena Nikolayenko
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Over the past decade, thousands of young people in the post-communist region applied nonviolent methods of resistance to protest against large-scale electoral fraud. In 2000, the social movement Otpor (Resistance) played a vital role in removing Slobodan Milosevic from power. Inspired by Otpor, a number of youth movements emerged in Azerbaijan, Belarus, Georgia, and Ukraine. In my post-doctoral project at the Center on Democracy, Development, and the Rule of Law, I examine why some youth movements were more successful than others in mobilizing the population against the repressive political regime. My research suggests that political learning of autocratic incumbents has contributed to the diminishing power of similar youth movements.

In the wake of the 1998 draconic laws on universities and the mass media, a group of students from the University of Belgrade formed the youth movement Otpor and chose the clenched fist as its symbol. In the course of two-year nonviolent struggle against Milosevic, Otpor spread across Serbia and attracted more than 70,000 supporters. The youth movement launched a campaign with the provocative title “He Is Finished” and shifted the blame for all the country’s problems on the incumbent president. In addition, Otpor collaborated with other civil society actors to stage a get-out-to-vote campaign “It’s Time!” aimed at bringing first-time voters to the polling stations. In the 2000 election, almost 86 percent of 18-29 year old Serbs cast their ballot; most of them voted against Milosevic.

Given state pressures on the mainstream media, the Serbian movement delivered its messages by occupying the public space. Movement participants plastered Otpor stickers, spray-painted graffiti, staged street performances, and organized street concerts. “It is amazing how people notice branding in their everyday life, but underestimate it in nonviolent struggle,” a former Otpor activist noted. Without doubt, Otpor succeeded in creating and popularizing a model of nonviolent resistance.

Notwithstanding slight modifications of Otpor’s model, Belarus’ Zubr (Bison) in 2001, Georgia’s Kmara (Enough) in 2003, Ukraine’s Pora (It’s Time) in 2004, and an assortment of Azerbaijani youth groups in 2005 largely took a similar course of action. The youth movements were formed around the time of a national election and called for free and fair elections. Emulating Otpor, youth activists planned a negative campaign targeted at the incumbent president and a positive campaign aimed at boosting youth voter turnout. Likewise, youth movements employed a similar toolkit of protest strategies, including stickers, graffiti, street performances, and rock concerts.

At the same time, autocratic incumbents in the post-Soviet region began to scrutinize Otpor’s model of nonviolent resistance to prevent the repeat of the Serbia scenario. In light of electoral revolutions in Serbia, Georgia, and Ukraine, the governments in Azerbaijan and Belarus deployed coercive measures against youth movements before they could develop into powerful agents of political change. In addition, the incumbent presidents have invested considerable resources into the creation of state-sponsored youth organizations. In 2005 and 2008, the Azerbaijani youth movement Ireli (Forward) called upon young voters to support President Ilham Aliyev. Similarly, the Komsomol-like Belarusian Republican Union of Youth has become a tool for youth co-optation under President Alyaksandr Lukashenka. Like in the Soviet times, membership in the state-sponsored youth organization is now a pre-requisite for university admission and career growth in Belarus.

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