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					Accelerating Access to Justice
  for Human Development:
 Strengthening Responsive
    Governing Institutions
UNDP’s Strategic Plan 2008-2011
   UNDP Strategic Plan Focus Area 2: Democratic
   governance,
   GOAL: To strengthen national and local capacities for
   democratic governance, building upon the principles
   of the Millennium Declaration and the World Summit
   Outcome Document.
   UNDP SP Outcome 6: “Effective, responsive,
   accessible and fair justice systems promoting the rule
   of law, including both formal and informal processes,
   with due consideration to the rights of the poor,
   women and vulnerable groups”.
External changes
UN inter-agency Rule of Law Coordination
and Resource Group;
Principal level; OHCHR, UNODC,
UNICEF, UNIFEM, OLA, UNHCR, DPA
Working-expert level
Rule of law unit in the DSG’s office
 Policy Developments in the
 UN re the Rule of law
   The “Rule of Law” is a concept at the very heart of the
   Organization’s mission.

   For the United Nations,” justice” is an ideal of accountability and
   fairness in the protection and vindication of rights and the
   prevention and punishment of wrongs.

From the report; Rule of Law and Transitional Justice in
Conflict and Post-Conflict Societies Report of the
Secretary-General (S/2004/616 of 23 August 2004)
Rule of law guidance note 2008
   Base assistance on international norms and standards
   Take account of the political context
   Base assistance on the unique country context
   Advance human rights and gender justice
   Ensure national ownership
   Support national reform constituencies
   Ensure coherent and comprehensive strategic
   approach
   Engage in effective coordination and partnership
Framework for strengthening the
rule of law
   A constitution or equivalent
   A legal framework, and the implementation thereof
   An electoral system
   Institutions of justice , governance, security and
   human rights
   Transitional justice processes and mechanisms
   A public and civil society that contributes to
   strengthening the rule of law and holds public
   officials and institutions accountable
Internal changes
   Senior Management decision in 2005 - a
   cross practice unit BCPR and BDP/DGG
   on JSSR
   BCPR set up a JSSR unit in 2007 and
   crafted a global programme
   Cross practice unit in the making
Global rule of law and justice
programmes
   Strengthening the Rule of Law in
   Conflict and Post Conflict situations
   (managed by BCPR) (approved)
   Accelerating Access to Justice and the
   Rule of Law for Human Development in
   non-crisis and long term development
   settings (managed by DGG/BDP) (still in
   the making).
Justice and Rule of Law - global Mapping
2006-07 – Objective:
    To complement concurrent UNDP mapping
    initiatives such as the UNDP Primer on
    Gender and Justice Programming: Sarah
    Douglas (2006) “Equitable Access to Justice
    for Women and Men: A UNDP Primer on
    Gender and Justice Programming”, the
    questionnaire regarding anti-corruption
    launched by BDP, and the Human Rights
    World Map prepared by the Oslo Governance
    Centre (OGC)
Coverage
  Electronic survey with general and specific questions
  on justice and rule of law programming at UNDP
  Country and Regional Offices 2006/2007
  Desk review of DGTTF programmes 2002-2006
  fifty-eight Country Offices from all five regions
  two Regional Offices and one SURF
  thus, 70% of the total of about eighty-six offices
  active in access to justice and rule of law
  programming provided feedback
Respondents
   Africa (15 respondents)
   Burundi, Chad, Congo, Congo Democratic Republic, Ghana, Guinea-
   Bissau, Mauritania, Mozambique, Namibia, Niger, Nigeria, Sierra
   Leone, Swaziland, Tanzania, and Togo
   Arab States (9 respondents)
   Algeria, Egypt, Jordan, Libya, Occupied Palestinian Territories,
   Somalia, Syria, Yemen; SURF Arab States
   Asia-Pacific (14 respondents)
   Afghanistan, Bhutan, Cambodia, China, India, Indonesia, Iran, Laos,
   Maldives, Mongolia, Nepal, Pakistan, Timor Leste, and the Pacific Sub-
   Regional Centre
   Eastern Europe / CIS (10 respondents)
   Armenia, Kazakhstan, Kosovo, Kyrgyz Republic, Romania, Russian
   Federation, Serbia, Tajikistan, Turkey, Uzbekistan
   Latin America and the Caribbean (13 respondents)
   Belize, Bolivia, Brazil, Colombia, El Salvador, Guyana, Haiti, Jamaica,
   Panama, Paraguay, Trinidad & Tobago, Venezuela, and the Regional
   Bureau (RBLAC)
Regional demand and funding
   respondents from Africa, the Arab States, and
   Asia-Pacific demonstrated strongest justice
   programming in terms of number and variety
   of activities
   programmes with most funding (3 millions
   USD and above) are almost exclusively
   located in Africa, the Arab States, and Asia-
   Pacific
   average duration of justice programmes is
   three years
Key lessons learned
   dialogue building with stakeholders critical to
   ensure a comprehensive approach to justice
   programming
   developing advocacy capacity for legal reform
   solid understanding of local political dynamics
   need to address gender disparities
   coordination among donors and UN agencies
   selection of civil society groups critical for
   successful implementation
Drivers of future UNDP
justice programming
   Successful program delivery/pilot projects
   Significance of justice for democratic
   governance
   Internal restructuring
   EU accession
   Alternative justice mechanisms
   Conflict prevention
   Legal Empowerment of the Poor project
   National ownership
Partners in the field - coordination
   Bilateral donors (AECI, Belgium, CIDA,
   DANIDA, DFID, Euras Holding, Finland,
   France, Japan, Norway and the Norwegian oil
   company Statoil, Portugal, RNE, SDC, SIDA,
   USAID)
   Multilateral donos (UNICEF, OHCHR, UNODC,
   DPKO, UNIFEM, UNHCR)
   IFIs (ADB, IADB, WB)
   National and local donors (Ministries of
   Interior, Ministries of Justice, NGOs)
Accelerating Access to Justice for
Human Development Programme:
   Main objective: accelerate access to justice for the advancement of
   human development
   Specific objectives:
      To increase the capacity of national partners in Governments and Justice
      Sector Institutions to embark on the design and implementation of long
      term justice system reform programmes and corresponding strategic
      plans including the budgetary and costing process and legislative reform
      processes.
      To strengthen the capacity of UNDP Country Offices in supporting
      national partners in the process of justice system and legislative reform
      through the production of policy documents and practical guidance tools.
      To strengthen the capacity both quantitatively and qualitatively of
      national institutions focusing on legal and judicial training including
      regional and south-south cooperation.
Outcomes and outputs
   With Regional Bureaux, BCPR, BRSP and Regional
   Centres/SURFs as main corporate partners, the Global
   Programme aims at strengthening the knowledge base
   through the production of guiding tools and policies in order to
   assist UNDP’s national partners and the Country Offices to
   embark on solid long term justice sector reform programmes
   that promote access to justice, legal empowerment and the
   rule of law for the poor and disadvantaged.
   The main outputs of the programme will be knowledge
   production and management supplemented by operational and
   programming engagement in selected countries based on
   defined criteria.
   The programme finally aims at equipping UNDP in becoming
   an active contributor to the global debate on access to justice,
   rule of law and security issues. The programme will produce
   lessons learned and identify best practices based on UNDP’s
   experiences at the country and regional level.
The Legal Empowerment of the Poor
            Agenda
Extending legal protections and
property rights
Bottom up approach
The complexity of overhauling legal
systems
Making the Law Work for everyone
Report of the Commission on Legal
Empowerment of the Poor
  Four billion people around the world
  are robbed of the chance to better their
  lives and climb out of poverty, because
  they are excluded from the rule of law

  The remedy for exclusion is inclusion
The Commission on Legal
Empowerment of the Poor
   Co-Chaired by Madeleine Albright and Hernando de
   Soto

   Comprised of 25 Commissioners, including former
   heads of state and government, cabinet ministers,
   jurists, economic researchers, and other senior
   policy-makers from the North, South, East and West.

   Holding diverse views but agreeing on the imperative
   of finding better ways to fight poverty and exclusion.
Commission Findings
   Most of the poor do not live under the shelter of the
   law, but far from the law’s protection and the
   opportunities it affords.
   They are vulnerable to abuse by authorities who
   discriminate, seek bribes, or take the side of powerful
   interests against them.
   The law is the platform on which rest the vital
   institutions of society.
   No modern market economy can function without law
   and
   To be legitimate, power itself must submit to the law.
The Four Pillars of Legal
Empowerment of the Poor
   Access to Justice and Rule of Law

   Property Rights

   Labour Rights

   Business Rights
Access to Justice
   Reforming the law on paper is not enough to change
   how the poor experience it day to day.

   Even the best regulations do not help the poor if the
   institutions enforcing them are ineffective, corrupt or
   captured by elites.

   It is vitally important to reform public institutions and
   remove the legal and administrative barriers that
   prevent the poor from securing their rights and
   interests.
Property Rights
   Property rights are fundamental to the life and
   operation of society and so their reform cannot be
   neglected.
   Protecting existing assets is the first concern of the
   poor. Measures to achieve such protection will
   empower poor people, secure their livelihoods and
   make investments in their future more attractive.
   Ensuring that property reforms do not weaken
   women’s rights and indigenous or pastoralist
   groups’ communal rights is notoriously difficult
Labour Rights
     A well-designed system of labour rights should provide both
     protection and opportunity.

     Most workers have basic rights and protections in theory, but
     not in practice. They do not benefit from labour laws and
     bargaining arrangements. They are typically denied access to
     state or employer benefits and social security.

     Recognition and enforcement of the rights of individual workers
     and of their organizations is critical for breaking the cycle of
     poverty.
 .
Business Rights
   Most of the world’s poor entrepreneurs operate
   informally and are particularly vulnerable to the
   vagaries of corruption and violence of criminals
   and officials.

   Legal registration can dramatically improve the
   profitability of informal businesses by increasing
   their access to capital, enter into legally binding
   contracts and to contain personal risk through
   asset shielding
A Comprehensive Approach
  Good things go together - the four pillars of
  Legal Empowerment reinforce each other.

  The gender dimension needs critical attention
  in all four domains, as do indigenous peoples’
  rights and customary law.

  The poor are not the object of Legal
  Empowerment but the co-designers and
  facilitators of it.
Reform Options: Justice
   Improved identity registration systems
   Affordable and accessible systems of alternative
   dispute resolution.
   Legal simplification and standardization and legal
   literacy campaigns targeting the poor.
   Stronger legal aid systems and expanded legal
   service cadres with paralegals and law students.
   Structural reform enabling community-based
   groups to pool legal risks.
Reform Options:Property
   Institutionalize a property rights system that brings the
   extralegal economy into the formal economy.
   Promote a property rights system that will recognize real
   and immoveable property bought by men as the co-
   property of their wives, as well as clear inheritance rules.
   Create a functioning market for the exchange of assets that
   is transparent and accountable.
   Ensure that all owners have access to the same rights and
   standards.
   Reinforce property rights through public policies, such as
   access to housing and low interest loans.
Reform Options: Property (2)
   Legal guidelines for forced relocation, including
   fair compensation.
   Recognition of a variety of land tenure, including
   customary rights and indigenous peoples’ rights
   including their standardisation and integration of
   these practices into the legal system.
   State land audits with findings published to
   discourage illegal taking possession of public
   land.
   Simplified procedures to register and transfer land
   and property.
Reform Options: Labour Rights
   Fundamental rights at work, especially freedom of
   association, collective bargaining and non-discrimination.
   Improved quality of labour regulation and its enforcement.
   Inclusive approaches to social protection, delinked from
   the employment relationship.
   Labour rights (health and safety, hours of work, minimum
   income) extended to workers in the informal economy.
   More opportunities for education, training and retraining
Reform Options: Business Rights
   Appropriate legal and regulatory frameworks,
   including enforceable commercial contracts,
   private property rights, use of public space.
   Fair commercial transactions between informal
   enterprises and formal firms. Financial, business
   development, and marketing services for informal
   enterprises.
   Micro business incentives, including government
   procurement, tax rebates, and subsidies. Social
   protection for informal entrepreneurs.
The Commission calls on the United
Nations to
   Establish a Global Legal Empowerment
   “Open Access” Arena
   Support Regional Compacts on Legal
   Empowerment of the Poor
   Provide Support to Legal Empowerment
   at the Country Level
   Fund Knowledge Accumulation and
   Learning
Innovative Mechanisms for Legal
Empowerment Support
   Norm setting through a Global Legal Empowerment
   Compact
   Defenders of the Poor
   Knowledge clearinghouse on Legal Empowerment
   Public-private partnerships for Legal Empowerment
   Initiative to promote grassroots knowledge and social
   innovation
   Observance of an International Day for Legal
   Empowerment of the Poor

				
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