INTERNATIONAL CENTRE FOR CRIMINAL LAW REFORM AND CRIMINAL JUSTICE by xkv18799

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									INTERNATIONAL CENTRE FOR
 CRIMINAL LAW REFORM AND
  CRIMINAL JUSTICE POLICY



     Programme of Work
         2002 - 2005




                 1822 East Mall,
      Vancouver, B.C., Canada V6T 1Z1
    Tel: 1 604 822 9875 Fax: 1 604 822 9317
             E-mail: icclr@law.ubc.ca
          http://www.icclr.law.ubc.ca
     INTERNATIONAL CENTRE FOR CRIMINAL LAW
       REFORM AND CRIMINAL JUSTICE POLICY
                    PROGRAMME OF WORK 2002 – 2005

                                 OBJECTIVE

      I.    To contribute to international criminal justice policy development
            through analysis, research and consultation.

      II.   To provide technical assistance to implement international
            policy and standards.



                         PROGRAMME FOCUS

      I.    International Criminal Law

      II.   Protection of Human Rights through Criminal Law in National
            Systems

      III. Criminal Law Responses to Emerging Threats to Human Security


                               BACKGROUND

The International Centre was established in Vancouver, British Columbia, Canada in
1991 at the initiative of the Canadian government. Its founding partners are the Uni-
versity of British Columbia, Simon Fraser University and the International Society for
the Reform of Criminal Law. Affiliated with the United Nations it is one of two
interregional institutes in the United Nations Crime Prevention and Criminal Justice
Programme. The Centre’s mission is to promote the rule of law, human rights, democ-
racy and good governance. It fulfills its purpose by contributing to local, national and
international efforts to support law reform initiatives and to improve the administra-
tion of criminal justice. The Centre, as outlined in the Canada – United Nations
Agreement, supports and contributes to the policies, and activities of the United Na-
tions Crime Prevention and Criminal Justice Programme, and assists with the
achievement of Canadian Foreign Policy objectives.

The International Centre conducts research and policy analysis, undertakes the devel-
opment and delivery of technical assistance programs and provides public information,
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consultation and education relating to the international field of criminal law, criminal
justice policy and crime prevention issues. Further, the Centre facilitates the exchange of
information and expertise to support the government of Canada in both its national and
foreign policy objectives in the areas of crime prevention, criminal justice and human
rights.



       GOVERNANCE AND FINANCIAL SUPPORT

A Board of Directors consisting of two representatives of the University of British
Columbia, Simon Fraser University and the International Society for the Reform of
Criminal Law, and one representative each from the Department of Justice Canada, the
Department of the Solicitor General Canada, the Ministry of the Attorney General of
British Columbia, the Chief Executive Officer of the Centre, and ex-officio the Officer in
Charge, United Nations Centre for International Crime Prevention governs the Centre.
The Centre is managed by the Chief Executive Officer.

The Centre is supported in part from the endowment funds established by the British
Columbia Law Foundation, the Ontario Law Foundation and the Vancouver Founda-
tion. In addition, the Government of Canada through the Departments of Justice and
Solicitor General, the Government of British Columbia through the Ministry of the
Attorney General, the University of British Columbia and the International Society for
the Reform of Criminal Law provide financial assistance.

The International Centre’s Programme of Work is approved annually by the Board of
Directors and covers the fiscal year period of April 1 to March 31. This proposed pro-
gramme of work contains projects in progress, projects under consideration/ review,
and programs/projects in the proposal stage. As most of the activities must be under-
taken on a cost-recovery basis, there is some uncertainty as to whether or not sufficient
funds will be available to carry out each of the proposed activities/ projects. Full
implementation of the approved programme and all or any of its components is condi-
tional upon the receipt of sufficient funding.

The Centre will make arrangements annually for an external audit of the Centre core and
Programme activities to ensure that the Centre has fulfilled its reporting and audit
responsibilities in accordance with the Guidelines of the Treasury Board of Canada and
the British Columbia Societies Act.




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                               MAIN ACTIVITIES


I       INTERNATIONAL CRIMINAL LAW
    •   Supporting the Creation of an International Criminal Court
        The International Centre continues to support the efforts to establish a perma-
        nent International Criminal Court. During 2000-01 the Centre produced a
        Manual for the Ratification and Implementation of the 1998 Treaty of Rome.
        This was undertaken in collaboration with the International Centre for Human
        Rights and Democratic Development (Rights and Democracy) in Montreal, with
        the support of the Department of Foreign Affairs and International Trade
        (DFAIT) and the Department of Justice (DOJ). The Manual will continue to be
        distributed in English and French to the UN member states and NGOs promot-
        ing the creation of the Court.      During 2001-2002 the Centre organized five
        regional training sessions to assist countries in the development of legislation
        and administrative procedures to assist the ICC when it comes into existence.
        The training sessions formed part of the International Criminal Court Technical As-
        sistance Program which is a joint partnership between the International Centre,
        Rights & Democracy, the Canadian Network for the International Criminal
        Court under the aegis of the World Federalists of Canada and the Institute for
        Media, Policy and Civil Society. This project has been supported in part by the
        Canadian International Development Agency (CIDA) and the DOJ, with in-kind
        contributions of expert personnel to each workshop by both the DFAIT and DOJ.
        The project focused on organizing regional workshops for the promotion of the
        establishment of the ICC through legal technical assistance, civil society collabo-
        ration and media awareness. The Centre, with the support of the DFAIT, also
        provided country-specific technical assistance for the drafting of implementing
        legislation, and developed materials corresponding to the supplemental agree-
        ments of the International Criminal Court, as well as a substantive analysis of
        ICC implementing legislative models. During 2002 – 2003 the Centre plans to
        continue to develop materials and to provide country specific technical assis-
        tance in support of the ICC.

        In addition, the Centre, in collaboration with the Liu Centre for the Study of Global
        Issues has developed a proposal to offer services to the Chairman of the Pre-
        paratory Commission for the International Criminal Court in relation to several
        issues including the development of draft rules on the operation of the victims
        and witnesses unit (article 43.6 of the Rome Statute).



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     •   Crimes Against the Peace and Security of Mankind
         Anti-Terrorism
         The Centre proposes to develop a programme of work that addresses terrorism
         as a unique and complex form of crime requiring a multi-faceted legal and pol-
         icy response. In particular, the Centre proposes to address the domestic
         exploitation of vulnerable immigrant and minority groups by terrorist organisa-
         tions and organised crime. The objective of this work is to identify further
         actions to be taken by Canada (at the international, national and local levels, in-
         cluding foreign policy, international cooperation, national policy and local
         community initiatives) to combat terrorism and organized crime by more effec-
         tively protecting diasporas, immigrants and other minority groups in Canada
         who are particularly vulnerable to violence, threats, intimidation and exploita-
         tion at the hands of terrorists and other transnational criminal organizations.
         The programme would also generate community awareness, dialogue and par-
         ticipation in the problem-solving process at the local community level relating to
         issues involving the use of vulnerable groups by international terrorists and in-
         ternational organised crime. It would also assist in increasing the awareness
         among community members of the international, national and provincial crimi-
         nal justice policy and legal framework that relates to international terrorism and
         organised crime.


II       PROTECTION OF HUMAN RIGHTS THROUGH CRIMINAL
         LAW IN NATIONAL SYSTEMS
         CRIMINAL JUSTICE POLICY DEVELOPMENT
     •   Restorative Justice
         The Government of Canada and the United Nations Centre for International
         Crime Prevention (CICP) hosted a meeting of Experts on Restorative Justice in
         Ottawa, from 29 October to 1 November 2001. The purpose of the meeting was
         to respond to the Economic and Social Council resolution 2000/14 of 27 July 2000
         on basic principles on the use of restorative justice programmes in criminal
         matters, in which the Council requested the Secretary-General to seek comments
         on the desirability and the means of establishing common principles on the use
         of restorative justice programmes in criminal matters, including the advisability
         of developing an instrument, such as the preliminary draft elements of a decla-
         ration of basic principles on the use of restorative justice programmes in criminal
         matters. The Centre participated in and contributed to this discussion which re-
         sulted in "revised preliminary draft elements of a declaration of basic principles on the
         use of restorative justice programmes in criminal matters". These draft principles will

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    be reported to the United Nations Commission on Crime Prevention and Crimi-
    nal Justice at its eleventh session to be held in Vienna in April 2002. The Centre
    intends to continue contributing to this effort.

    The Centre plans to assist with the organization and delivery of a workshop on
    "Community Involvement and Restorative Justice" in April 2002 at the 11th Session of
    the UN Commission. The workshop is being organized by the UN Programme
    Network of Institutes.

•   Alternatives to Incarceration
    Overcrowding in prisons, is one of the most severe and critical challenges faced
    by correctional jurisdiction worldwide, particularly in developing countries.
    Through the provision of information, organization of meetings and seminars,
    and various projects, the Centre will continue to promote the use alternative
    measures and influence policy development aimed at encouraging rational sen-
    tencing policies and reducing unnecessary prison populations.

•   Anti-Corruption Strategies
    Canada is actively working with the UN in the development of a new global le-
    gal instrument against corruption as called for in the Vienna Declaration. In
    view of the Centre's previous work in this field, the Centre proposes to support
    Canada's effort in this regard and to contribute to the UN Global Programme to
    Combat Corruption in the areas of commercial and financial fraud, honest justice
    systems, good governance, and the development of an international strategy
    against corruption.


    TECHNICAL ASSISTANCE
•   Corrections
    Through its ongoing program of work in the area of corrections, developed in
    partnership with the Correctional Service of Canada, the Centre promotes the
    implementation of human rights standards and principles, as well as other UN
    standards and norms in crime prevention and criminal justice, as they relate to
    corrections and the treatment of offenders. Activities include the provision of
    technical assistance to policy development, information exchange and training.
    Resource mobilization to carry out these activities remains fundamental to the
    program.

    Activities will continue to be focussed, although not exclusively, in China, Africa
    and Central America. In Africa, seminars and training activities will be carried
    out in conjunction with the Central Eastern and Southern Africa Association of
    Correctional Administrators (CESCA) thus expanding the network of organiza-
    tions benefiting from these programs. Activities will also be carried out in
    conjunction with the Program Network of Institutes (PNI), Tecknikon SA and
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    the International Corrections and Prisons Association. The Centre's recently pub-
    lished manual, "International Prison Policy Development Instrument" will be central
    to the provision of technical assistance in the area of policy development.


•   China
    The International Centre has developed a proposal that will attempt to increase
    the Chinese corrections official’s awareness of Canadian and international values
    and principles related to the safe and humane custody and treatment of offend-
    ers. The main goal of the project is to increase the capacity of the Chinese
    officials and criminal justice reforms to assist them in improving their correc-
    tional system in accordance international standards and practices. The objective
    is to provide the opportunity for Chinese and Canadian officials to conduct ex-
    changes of information on their respective correctional systems with a particular
    focus on offender case management, parole, community corrections, correctional
    research and prison industries. This capacity building for correctional reform in
    China will be carried out through a series of practical and theoretical seminars
    that will be organized both in China and Canada. Based on discussions with the
    China Prison society three areas have been identified as priorities:

       Prison administration
       Risk assessment and conditional release
       Community-based corrections

    The Centre plans to continue its programme in China and is developing a pro-
    posal to increase China's capacity to improve governance, respect for human
    rights and democratic development processes. In particular the proposed proj-
    ect aims to support China's Judicial Reform Program by strengthening the
    capacity of the Supreme People's Procuratorate and its prosecution professionals
    to more effectively: understand and exercise its constitutional and professional
    role in protecting citizen's rights; implement and enforce due process in the
    criminal prosecution system and develop/implement new laws and policies:
    and carry out prosecutor legal and professional responsibilities.

    The Centre also proposes to continue its program in China assisting its Chinese
    partners to incorporate human rights standards in the reform of and application
    of its criminal law. The Centre proposes to continue its work assisting the Su-
    preme People's Procuratorate in the application of human rights standards.

•   Protection of Children – Model Guidelines
    Model Guidelines for the Effective Prosecution of Crimes against Children were
    developed in co-operation with the International Association of Prosecutors
    (IAP) and with the financial assistance of the International Society for the Reform
    of Criminal Law and the Department of Justice Canada. The Guidelines seek to
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build upon and implement international human rights norms and standards that
address the issues of children as victims and witnesses and ensure the practical
application of these standards by prosecutors. A workshop/training session fo-
cusing on the effective implementation of the Guidelines was conducted in
September 2001 at the annual meeting of the IAP. In addition to continuing to
promote implementation of the Model Guidelines, the Centre plans to continue
its work promoting the protection of children's human rights in the criminal jus-
tice system.

The Centre, in collaboration with The United Nations Latin American Institute
for the Prevention of Crime and the Treatment of Offenders (ILANUD) has de-
veloped, a proposal “Practical and Sustainable Programs to Decrease the Use of
Detention in Dealing with Children in Need of Protection or in Conflict with the
Law - The Development Of Policy Framework For The Promotion Of Alterna-
tives To Incarceration In Three Central American Countries” The objective of
the project is to provide a empirical policy basis for the promotion, in Central
American countries, of programs that will address the current over-reliance on
imprisonment for dealing with children in conflict with the law and offer viable
alternatives to the incarceration of children in conflict with the law. This with a
view to also provide countries of the region with further means to fully imple-
ment the relevant dispositions of the United Nations Convention on the Rights of the
Child and other international criminal justice and human rights instrumentsi.


MONITORING AND ASSISTING THE IMPLEMENTATION OF
INTERNATIONAL CONVENTIONS AND HUMAN RIGHTS
INSTRUMENTS

As an inter-regional UN institute, the Centre will continue to respond, where
possible, to the on-going requests for technical assistance as they meet the pri-
orities of Canada and the UN Crime Prevention and Criminal Justice
Programme. In particular the Centre proposes to contribute to the programmes
of work supporting the "Plans of Action for the Implementation of the Vienna
Declaration on Crime and Justice: Meeting the Challenges of the Twenty-First
Century" and the effort to support the early ratification and implementation of
the Convention against Transnational Organized Crime and Protocols thereto.

The Centre is working with the Canada and the UN to promote the prompt ratifi-
cation and implementation the Convention against Transnational Organized
Crime. Part of the program of work involves the development of a Guide to the
legislative reforms that are required in order to bring national legislation into
compliance with the requirements of the United Nations Convention Against
Transnational Organized Crime. The first phase of the project involved a working
group meeting of experts to develop a method and a work plan to develop the
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          Guide and define the scope, content, and format of the guide. a work plan to
          develop the Guide, to decide on the methodologies and content and to finalize a
          blue print for the next phase of the project aims to produce, during the next nine
          to twelve months, a fairly comprehensive Guide to the legislative reforms that
          must be undertaken by states in order to prepare themselves to ratify the Con-
          vention.

          The new guide will deal with various legislative issues such as:

      q   the criminalization of various conducts, as called for by the Convention, includ-
          ing the criminalization of participation in an organized criminal group, of the
          laundering of the proceeds of crime, of corruption, and various conduct in rela-
          tion to obstruction of justice;
      q   Procedural and other legislative amendments possibly required to ensure the ef-
          fective Criminalization of transnational organized crime (including issues such as
          the liability of legal persons, reviewing existing statutes of limitation for selected
          offences, establishing jurisdiction over certain offences, and the protection of
          victims and witnesses against intimidation).
      q   Various legislative and administrative measures required to enhance legal as-
          sistance and law enforcement and other forms of international cooperation
          (including extradition).

          The guide will not only identify some legislative options, but it will also provide
          examples whenever they are available of legislation already adopted by member
          States. The examples selected will attempt to reflect different legal traditions as
          well as varying levels of institutional development. The guide, thus created,
          should facilitate the consideration of various legislative options by member
          States preparing to ratify the Convention or planning its implementation. It
          should also greatly facilitate the provision of technical assistance to requesting
          states by Canada, the CICP and others.



III       CRIMINAL LAW RESPONSES TO EMERGING THREATS TO
          HUMAN SECURITY
          The UN Commission on Crime Prevention and Criminal Justice, at its resumed
          tenth session, approved for adoption by the General Assembly draft Resolution
          II entitled "Plans of Action for the Implementation of the Vienna Declaration on
          Crime and Justice: Meeting the Challenges of the Twenty-first Century"
          (E/2001/30/Rev.1). This draft resolution II will, once adopted, become one of
          the main instruments guiding the further development of cooperation among the
          members of the United Nations Crime Prevention and Criminal Justice Pro-
          gramme Network of Institutes.
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     The Commission, including Canada, expressed full support for the Vienna Dec-
     laration and the Plan of Action to implement it. The Centre, in co-operation with
     the Centre for International Crime Prevention, ODCCP in Vienna, and other
     members of the UN Programme Network of Institutes, plans to develop a col-
     laborative program of work in the following areas:

        I.    Action against transnational organized crime
        II.   Action against trafficking in persons
        III.  Action against smuggling of migrants
        IV.   Action against the illicit manufacturing of and trafficking in firearms,
              their parts and components and ammunition
        V.    Action against money-laundering
        VI. Action against terrorism
        VII. Action on witnesses and victims of crime
        VIII. Action on prison overcrowding and alternatives to incarceration
        IX. Action against high-technology and computer-related crime
        X.    Action on the special needs of women in the criminal justice system
        XI. Action on restorative justice



IV   INSTITUTIONAL RESPONSIBILITIES

     THE DEPARTMENT OF FOREIGN AFFAIRS AND INTERNATIONAL
     TRADE CANADA ANNUAL LECTURE SERIES

     The International Centre, with endowment funds from the Department of For-
     eign Affairs and International Trade Canada and the Vancouver Foundation will
     continue to annually invite two lecturers of international stature to present their
     recent work to students, the legal community and the general public.


     PUBLIC AND PROFESSIONAL EDUCATION AND INFORMATION

     The Centre will continue to bring an international perspective to its local, re-
     gional and national partners on matters and priorities related to crime
     prevention, criminal justice and human rights. In particular the Centre will con-
     tinue to deliver an International Lecture Series that promotes the exchange of
     information on criminal law reform and criminal justice policy. The Centre will
     continue to organize and participate in seminars and expert meetings as related
     to the identified priorities of the United Nations Crime Prevention and Criminal
     Justice Programme and the Canadian Governments national and foreign policy
     objectives in the areas of crime prevention, criminal justice and human rights.
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The Centre will provide consistent, professional communications through its re-
search activities and the production and distribution of publications, reports, a
Newsletter on a quarterly basis, informational packages on each of its programs,
and the annual programme of work plan and annual report. The Centre will
continue to enhance and encourage the use of its worldwide website to assist
and contribute to the global exchange of information on criminal justice and
human rights. The site will contain the reports and descriptions of the Centre’s
activities, programs, upcoming events, a bibliography of all products as well as a
variety of associated links, including the United Nations Online Crime and Jus-
tice Clearinghouse (UNOJUST). In addition, the Centre makes an effort to
collect, distribute and disseminate information at national and international fora.

The on-going responsibilities, events and activities of the Centre function inde-
pendently of its programs and projects. As an interregional institute of the
United Nations Crime Prevention and Criminal Justice Programme, the Centre
acts as a link to the UN Crime Prevention and Criminal Justice Programme, the
network of institutes as well as a number of other international bodies. The Cen-
tre makes every effort to serve Canada as a conduit for information about the
country’s obligations under international instruments and the impact of interna-
tional developments on the administration of justice both at the federal and
provincial levels. The Centre plans to continue to carry out a number of activities
and commitments on an annual basis, including:

     •    Assisting and responding to requests for technical assistance
     •    Conducting research
     •    Supporting and contributing to the annual meetings of the United Na-
          tions Commission on Crime Prevention and Criminal Justice
     •    Participating in the meetings of the institutes comprising the UN
          Crime Prevention and Criminal Justice Programme as well as the Ad
          Hoc Committees of the Commission
     •    Supporting and contributing to local and national working meetings
          on criminal justice policy and the administration of justice
     •    Coordinate annually the Southwestern University School of Law
          Summer Law Program
     •    Develop a Visiting Fellows Program
     •    Maintain an on-going visiting scholars and researchers program
     •    Project/program development and proposal writing
     •    Program/project management, including assisting with project im-
          plementation and on-going activities
     •    Supporting and contributing to the annual conferences of the Inter-
          national Society for the Reform of Criminal Law and the International
          Association of Prosecutors


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                            BOARD OF DIRECTORS

Peter T. Burns
Chairman of the Board
Neil Boyd                                                          Maureen Maloney
Elizabeth Edinger                                                  Lucie McClung
Ronald L. Gainer                                                   Richard Mosley
Frances Gordon                                                     Simon Verdun-Jones
Hon. Justice Frank Iacobucci                                       Eduardo Vetere

                           PEOPLE AT THE CENTRE

Frances M. Gordon
Executive Director
Janet M. Bayda                                                Kathleen Macdonald
Vivienne Chin                                                  Daniel Préfontaine
Yvon Dandurand                                                      Brian Tkachuk
Valerie Everett                                                 Monique Trépanier
Joanne Lee                                                        Vincent C. Yang
Erin Jardine

                            ACKNOWLEDGEMENTS

The International Centre for Criminal Law Reform and Criminal Justice Policy gratefully acknowl-
edges the continuing support of: the International Society for the Reform of Criminal Law,
Simon Fraser University, University of British Columbia, Department of Justice Canada,
Department of the Solicitor General Canada, Ministry of the Attorney General of British Co-
lumbia, British Columbia Law Foundation, Department of Foreign Affairs and International
Trade Canada, Law Foundation of Ontario, Vancouver Foundation, Correctional Service of
Canada, Canadian International Development Agency, United States Department of State, OSI
Soros Foundation, and the Organization of American States Inter-American Commission of
Women.

                                     DONATIONS

The International Centre is registered in both Canada and the United States as not-for-profit
organization. The Centre issues an official receipt for all tax deductible donations.

            The International Centre for Criminal Law Reform and Criminal Justice Policy
            1822 East Mall, Vancouver, B.C., Canada, V6T 1Z1
            Tel: +1 (604) 822-9875 Fax: + 1 (604) 822-9317 e-mail: icclr@law.ubc.ca



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