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

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UNODC technical assistance in strengthening the
rule of law and criminal justice
reformGovernance, Human Security and the Rule
of Law Section/ Division of OperationsOrganized
Crime and Criminal Justice Section/ Division of
Treaty Affairs
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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.

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UNODC STRATEGY 2008-2011

• Under its Rule of Law component, the Strategy
  identifies two main objectives
• 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

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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.
  

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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.

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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.

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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

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THEMATIC PROGRAMME ON CRIME PREVENTION AND
CRIMINAL JUSTICE Outcomes (contd)

• 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

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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

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UNODC TA in CP and CJ ongoing field projects
Afg. and Central Asia 6 proj., 23 m, criminal
justice and prison reform
MENA 8 proj., 9.5 m, juvenile justice, prisons
and criminal justice reform
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
Sub-Saharan Africa 8 proj., 35 m victims,
prison reform, Violence against Women and access
to justice
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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)

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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

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• 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

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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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