Why is justice sector reform important for democratic governance and development? How does the United Nations Development Programme (UNDP) organise its operations in the sector? This policy note, presented at a UNDP Access to Justice Workshop, outlines recent thinking in the field and categorises UNDP activities within it.
The rule of law provides citizens with a key human right; the remedy of social conflicts through timely and fair judicial decisions. Yet it can only operate where there is flexible and affordable access to justice. Without it, democratic governance cannot exist, and development is not possible. Donors have been conducting interventions in the justice sector since the 1960s. In the last decade, reform has been placed within the wider area of democratic governance, and users given a significant new role in establishing appropriate justice systems. The pursuit of reform in Latin America, Africa and Asia is generating important experience from which practitioners can learn. However, they should not attempt to apply ‘one-size-fits-all’ solutions. Judicial reform must be tailored to fit national realities, while drawing on lessons from other countries.
Currently, internationally sponsored interventions in the justice sector can be classified into six categories. Most programmes combine activities from more than one area. These are:
- Strengthening of traditional judicial organisations: this is meant to improve public justice services from a managerial viewpoint, and includes actions such as developing statistics and automating information.
- Protecting traditional human rights: all reform initiatives are underpinned by this culture. Specific projects aim to ensure that judicial guarantees, such as presumption of innocence, are respected.
- Protecting the environment and bio-genetic law: these more recent activities respond to the international debate on energy and the environment.
- Establishing legal structures for economic globalisation: some reform projects are trying to introduce common standards for property and contractual rights that could support globalisation.
- Providing public safety: rising crime is threatening security and development around the world, and needs to be addressed.
- Improving access to justice: in many cases, vulnerable groups have restricted access, that must be remedied for development to occur.
The UNDP aims to reduce world poverty, a goal that requires the achievement of economic and social equity. Its justice sector reform programmes focus on improved access to justice. This is regarded as a human right and as a means to provide equity. UNDP interventions to achieve it are organised into six groups:
- Incorporating NGOs into reform programmes: users should be treated as active players in reform and invited to participate from the outset. Their involvement can generate confidence and reduce corruption.
- Increasing information for the legal community: operators of justice systems must have a clear understanding of the rules and wider thinking.
- Strengthening the defence system and legal aid for vulnerable groups. This can reverse the negative impact of inadequate legal council on the poor.
- Increasing legal information for the public: public awareness campaigns have helped people understand their legal rights, allowing them to participate more effectively in society.
- Promoting alternative dispute resolution techniques, mainly in business, family and criminal law. This can help meet growing demand for legal services.
- Reducing institutional and cultural barriers: simplifying legal procedures and making justice institutions more user-friendly can boost public confidence in the system.
