OVERVIEW OF THE REGIONAL CONTEXT
Latin America and the Caribbean (LAC) is the most democratic region among developing nations 1 (behind Western Europe and North America), yet the ability of many governments in the region to provide justice, security and development remains an elusive aspiration for large segments of the population. According to the World Justice Project report, in 18 out of 23 LAC countries, the majority of people believe top executive branch officials are working to weaken, influence or disobey the judiciary. 2 In low and lower-middle income countries in LAC, unmet criminal justice needs and insufficient legal protection largely define the rule of law environment. Crimes often remain unreported, especially when victims work in the informal economy or lack legal identity, land or housing tenure. 3 Unmet justice needs hinder both human and economic development. Over 40 percent of those surveyed by the World Justice Project reported that lack of access to justice had negative effects on their life: they lost income, had health issues and the costs for seeking redress increased. 4
While only nine percent of the world population live in LAC, 33 percent of all homicides happen in this region. Social mobility is weak and economic growth is volatile. As technology is evolving, new risks emerge. LAC has faced high levels of disinformation and hate speech. There are growing needs to protect human rights in the digital realm, transform response patterns to protest movements and strengthen civic space.
At the same time, certain progress in achieving gender justice was observed. The Dominican Republic, for example, is the only country in the world to have received the gold badge in implementing the Gender Equality Seal.
In this context, UNDP remains a partner of choice for Member States for building institutional capacity and improving equitable access to justice for all. In ten countries (Argentina, Barbados, Brazil, Colombia, Dominican Republic, Ecuador, Guatemala, Honduras, Paraguay and Peru), strategies were adopted to mainstream a gender sensitive approach in the justice sector. In addition, UNDP supported the environmental justice approach in four countries and transitional justice processes with an inclusion and sustainable development focus in three countries.
BUSINESS AND HUMAN RIGHTS
In 2023, UNDP has reinforced B+HR in 15 countries, including through nine public events and the production of five knowledge products. Through online training courses, more than 3,000 people have been trained and increased their awareness.
To promote responsible business practices, UNDP developed specific tools for businesses, including Guide 11 of the series Digital in Motion, Implementing Human Rights Due Diligence. 5 The tools were translated into English and adapted for implementation in the Caribbean. Additionally, training was provided to 11 small and medium-sized enterprises on UNDP's approach to B+HR and human rights due diligence.
CITIZEN SECURITY
UNDP continued the implementation of two projects funded by the United States Agency for International Development (USAID) focused on evidence-based decision-making for citizen security in Central America (InfoSegura 6 ) and the Eastern and Southern Caribbean (CariSECURE 2.0 7 ). The supported was provided to 11 countries in LAC delivering solutions on people-centred security.
ACCESS TO JUSTICE AND THE RULE OF LAW
UNDP supported a series of regional exchanges to promote South-South cooperation, harness partnerships and streamline an integrated approach. For example, a knowledge exchange among the judiciaries of Brazil, Dominican Republic and Honduras focused on innovative solutions for access to justice, career development and gender mainstreaming in judicial institutions.
In addition, UNDP facilitated experience sharing through a regional event dedicated to the establishment of a National Human Rights Institution (NHRI) in Suriname. The representatives of the Global Alliance of National Human Rights Institutions (GANRHI), the UN Human Rights Office (OHCHR) and the NHRI of Bolivia took part in the event.
Extensive country support was provided by UNDP’s Global Programme for Strengthening the Rule of Law, Human Rights, Justice and Security for Sustainable Peace and Development (the Global Programme). In Venezuela, UNDP supported the development of digital tools to manage information on violence and crime, and improve security. In Colombia, alternative conflict resolution mechanisms were tested and promoted to expand access to justice. In Cuba and Mexico, the projects targeted harmful masculinities to transform social and cultural norms, promote gender equality and address and prevent violence against women and girls. UNDP provided support to capacitate justice officials in Honduras for the effective implementation of the Strategic Plan of the Judicial Power (2023-2026).
In the Caribbean, eight countries benefitted from UNDP’s cooperation with the European Union (EU) via the Partnership of the Caribbean and the European Union on Justice (PACE Justice) project.4 The work will address backlogs and bottlenecks in the criminal justice system in the Eastern and Southern Caribbean.
Through the Funding Window for Governance, Peacebuilding, Crisis and Resilience, Trinidad and Tobago received support to modernize and digitize its pre-trial proceedings in the High Court, a paradigm shift for the justice sector as it helps to reduce the worryingly high case backlogs and the amount of time individuals spend in pre-trial detention.
In Barbados and Belize, UNDP supported the state agencies mandated to draft new constitutions. In partnership with the International Institute for Democracy and Electoral Assistance (International IDEA), and in conjunction with the University of the West Indies (UWI), UNDP held a regional workshop on Constitutional Change in the Commonwealth Caribbean. Issues such as strengthening checks and balances in government systems, representation and participation, and processes of constitutional change were on the agenda.
Lessons learned
The catalytic power of seed funding and thought leadership
UNDP in LAC has managed to maximize the use of limited financial resources by connecting country needs with donor priorities, often through relatively inexpensive pilots and needs assessments which rely on technical skills and on-the-ground networks that are already available. Such initiatives have created an evidence-based foundation upon which donors can decide on longer-term funding. For example, the 2020 needs assessment of the administration of justice in nine Caribbean countries was conducted with minimal finances from three Country Offices. Following the assessment, the CariSECURE and PACE Justice projects were launched, funded by USAID and the EU respectively.
Integrated approach
Issues of citizen security, access to justice, human rights and climate change are increasingly indivisible. Recognizing this, at all stages of country programming, UNDP incorporated knowledge exchange and joint planning with Gender, Environment, Inclusion, Health and other teams. This resulted in more multidimensional and sustainable programming and the ability to generate and maximize donor resources across the sectors.
Looking Forward
To strengthen democracy and improve access to justice at national and regional levels, UNDP will support awareness-raising on the Ibero-American Convention on Access to Justice in cooperation with the Conference of Ministers of Justice of the Ibero-American Countries (COMJIB).
In LAC, UNDP will support the implementation of its Gender Equality Strategy to strengthen institutions and reduce gender justice gaps by further promoting the Gender Equality Seal at the Judiciary. In six countries, UNDP will support digital justice transition. It will also expand cooperation with private sector to further promote the B+HR agenda in the region.
Environmental justice initiatives will be rolled out on policy level and in country programming, particularly in the Caribbean and ahead of the 4th International Conference on Small Island Developing States in Antigua and Barbuda. UNDP will be supporting analysis of cascading effects of climate change on Caribbean socioeconomic ecosystems and exploring adaptation of existing initiatives to introduce climate resilience strategies.
Ibid.