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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)

• 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: 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

MENA: 8 proj., $ 9.5 m,


juvenile justice, prisons and South East and South Asia: 2
criminal justice reform proj. $1.8m: violence against
Central and South women and children
America: 8
Sub-Saharan Africa: 8 proj., $
projects, $4.9m,
35 m: victims, prison reform,
crime and
Violence against Women and
violence
access to justice
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:
Detainee file
management systems
– Leadership training
– Vulnerable groups (women,
children, mentally ill) Vulnerable groups
– File management
– Prison health
Leadership and Development
staff training regulations
• Emerging integrated programme: and policies
anti-corruption, mobile courts and
access to justice UNDP
• UNODC project office integrated Infrastructure development
into UNMIS Rule of Law
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 Courts and the Reforming the


trafficking Judiciary prison system

Specialized unit within Strengthening courts Training, refurbishment


the Judicial Police and access to justice 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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