UNODC technical assistance in strengthening the rule of law and criminal justice reform

Governance, Human Security and the Rule of Law Section/ Division of OperationsOrganized Crime and Criminal Justice Section/ Division of Treaty Affairs

CRIMINAL JUSTICE AND THE FIGHT AGAINST ORGANIZED CRIME

“Recognizing also that effective criminal justice systems based on the rule of law are a prerequisite for combating transnational organized crime, trafficking in human beings, terrorism, corruption and other forms of transnational and domestic criminal activity” (ECOSOC resolution 2005/21 of 22 July 2005)

• UNODC considers that a robust, holistic and prevention-focused response to organized crime includes the adoption of effective crime prevention measures and the establishment of fair, efficient and effective criminal justice systems based on the rule of law.

• UNODC assists States in developing strategies to prevent crime and reform all aspects of their criminal justice systems, in accordance with UN standards and norms.

UNODC STRATEGY 2008-2011

Under its “Rule of Law” component, the Strategy identifies two main objectives:

(a) promote, at the request of Member States, effective responses to crime, drugs and terrorism by facilitating the implementation of relevant international legal instruments; and

(b) promote, at the request of Member States, effective, fair, and humane criminal justice systems through the use and application of United Nations standards and norms in crime prevention and criminal justice

CRIMINAL JUSTICE AND THE FIGHT AGAINST ORGANIZED CRIME

• Fair, effective and humane criminal justice systems based on the rule of law require:

– Independent and professional judiciary and prosecutorial services

– Trained police and prison authorities, that understand and respect the balance between law enforcement and human rights, and the need for integrity and resistance to corruption

– Efficient case management and monitoring systems.

UNODC THEMATIC PROGRAMMES

• UNODC Thematic Programmes provide an overview of UNODC mandate and strategy in a particular thematic area -such as organized crime, corruption, criminal justice reform and crime prevention, health and human development- and are being developed across divisions.

• They integrate the various components of UNODC expertise in the areas of advocacy, research, legislative and legal support, norm setting and technical assistance.

THEMATIC PROGRAMME ON CRIME PREVENTION AND CRIMINAL JUSTICE: MAIN ELEMENTS

• The UNODC TP on crime prevention and criminal justice, currently under finalization, establishes the link between crime prevention, criminal justice, development, rule of law and peace and security.

• It is part of UNODC implementation of the Millennium Development Goals and of the Secretary-General Guidance Note on Rule of Law Assistance.

• The TP identifies nine specific outcomes. Each outcome has geographic and substantive priority areas.

THEMATIC PROGRAMME ON CRIME PREVENTION AND CRIMINAL JUSTICE: Outcomes1) Increased capacity of Member States to use and implement relevant UN

standards and norms in crime prevention and criminal justice through provision of legislative and policy assistance and advice

2) Strengthened access to justice and legal aid strategies and programmes, with particular focus on the most vulnerable groups in society

3) Development and implementation of multi-sectoral crime prevention strategies, action plans and measures

4) Adoption of strategies, legislation and action plans to strengthen the accessibility, integrity, accountability and capacity of police services, prosecution services, judiciary and prison systems

THEMATIC PROGRAMME ON CRIME PREVENTION AND CRIMINAL JUSTICE: Outcomes (cont’d)

5) Adoption of measures to address overcrowding and human rights violations in prisons

6) Development and implementation of legislation, policies, strategies and plans to ensure justice for children in conflict with the law, victims and witnesses of crime.

7) Adoption of sustainable crime prevention and criminal justice responses to violence against women/gender-based violence

8) Adoption of measures to empower victims through access to justice measures and assistance and protection services.

9) Development of a sustainable ability to collect, store, analyze and report data on specific crime issues, trends and aspects of the operation of criminal justice systems and to use population-based surveys as a tool to collect information on victimization experience, perceptions and attitudes of selected target groups on crime, violence and corruption

UNODC Technical Assistance in Crime Prevention and Criminal Justice

• Since 1999, UNODC has delivered technical assistance in various thematic areas in criminal justice and crime prevention

• Since 2005, the programme has made a focused effort in developing tools, building partnerships and providing field-level technical assistance.

• Tools include the Criminal Justice Assessment Tool, the Criminal Justice handbook series, and since 2008 a number of tools in crime prevention

Sub-Saharan Africa: 8 proj., $ 35 m: victims, prison reform, Violence against Women and access to justice

MENA: 8 proj., $ 9.5 m, juvenile justice, prisons and criminal justice reform

Afg. and Central Asia: 6 proj., $ 23 m, criminal justice and prison reform

UNODC TA in CP and CJ: ongoing field projects

South East and South Asia: 2 proj. $1.8m: violence against women and children

Central and South America: 8 projects, $4.9m, crime and violence prevention, Violence against Women

Lessons learned and guiding principles

• Base assistance on international norms and standards• Take account of the political context• Base assistance on the unique country context (in-depth assessments a

prerequisite)• Advance human rights and gender (focus on children, women and vulnerable

groups)• Ensure national ownership (project results are national results)• Support national reform constituencies (building the capacity of mid-level

technicians and policy-makers as agents for change)• Ensure a coherent and comprehensive strategic approach (programmes cover

several thematic areas and work with several ministries and partners, building inter-ministerial coordination)

• Engage in effective coordination and partnerships (UNDP, DPKO, UNICEF, international NGOs and professional organisations)

Programme in Southern Sudan• Justice system devastated by two

decades of conflict• Initial focus on reforming prisons• Technical intervention to improve

human rights:

– Leadership training– Vulnerable groups (women,

children, mentally ill)– File management– Prison health

• Emerging integrated programme: anti-corruption, mobile courts and access to justice

• UNODC project office integrated into UNMIS Rule of Law

Leadership and staff training

Development regulations and policies

Detainee file management systems

Vulnerable groups

UNDPInfrastructure development

Programme in Guinea Bissau

• Unable to respond to threat of drug trafficking and organized crime: justice institutions devastated by conflict

• Close co-operation with PBC and UNOGBIS • Integrated programme across several mandate areas• Technical intervention to bolster state capacity

Combating illicittrafficking

Courts and the Judiciary

Reforming the prison system

Specialized unit withinthe Judicial Police

Strengthening courts and access to justice

Training, refurbishment

and information

systems

• Requirement for sustained engagement• Integration of rule of law programming into peacekeeping missions,

one-UN and joint programming• From projects to integrated programmes • UNODC comparative advantage: specialized criminal justice

expertise within human rights framework• Specific UNODC tools/practical materials as a resource for wider

UN system (UN ROL network)• Respond to the growing requests while maintaining high-quality

technical assistance with national ownership

Way forward

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