Transcript UNODC technical assistance in strengthening the rule of law and criminal justice reform Governance, Human Security and the Rule of Law Section/ Division.

UNODC technical assistance in strengthening
the rule of law and criminal justice reform
Governance, Human Security and the Rule of Law
Section/ Division of Operations
Organized 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)
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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.
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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
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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: Outcomes
1) 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
UNODC TA in CP and CJ: ongoing field projects
Afg. and Central Asia: 6
proj., $ 23 m, criminal
justice and prison reform
Central and
South America:
8 projects,
$4.9m, crime
and violence
prevention,
Violence
against Women
MENA: 8 proj., $ 9.5 m,
juvenile justice, prisons and
criminal justice reform
Sub-Saharan Africa: 8 proj.,
$ 35 m: victims, prison
reform, Violence against
Women and access to
justice
South East and South Asia:
2 proj. $1.8m: violence
against women and children
Lessons learned and guiding principles
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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
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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
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Emerging integrated
programme: anti-corruption,
mobile courts and access to
justice
UNODC project office integrated
into UNMIS Rule of Law
Detainee file
management systems
Vulnerable groups
Leadership and
staff training
Development
regulations
and policies
UNDP
Infrastructure 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 illicit
trafficking
Courts and the
Judiciary
Specialized unit within
the Judicial Police
Strengthening courts
and access to justice
Reforming the
prison system
Training, refurbishment
and
information systems
Way forward
• 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
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