JUSTICE FUTURES COLAB

OVERVIEW

In 2023, UNDP accelerated efforts to advance access to justice for all, provide financial support and technical guidance to the Country Offices, national and international partners, including through its Global Programme for Strengthening the Rule of Law, Human Rights, Justice and Security for Sustainable Peace and Development (the Global Programme). This work was guided by the framework of people-centred justice and informed by the recommendations of the Independent Evaluation Office report on UNDP Access to Justice programming from 2014- 2022.

With The Pathfinders and the Organization for Economic Cooperation and Development (OECD), UNDP began to host the Secretariat of the Justice Action Coalition (JAC) and lead its workstream   supporting strategic and innovative people-centred justice initiatives at country level through investments for the Catalytic Fund.  UNDP contributed to the Justice Action Coalition Action Plan and the development of its permanent structure. In this domain, UNDP will support low and middle-income countries from the global south in the co-creation of strategies for people-centred justice reforms at the national level and to broker access to international expertise, partnerships, and financial support. The JAC brings together 19 Member States, UN Agencies and non-state actors for wider engagement on political advocacy and commitment to close the justice gap and support people-centred justice. 

UNDP’s Justice Futures CoLab provided space and tools for UNDP’s reflection, learning and adjusting cycle that is instrumental to make the shift towards people-centred approaches and programming that meaningfully transform justice systems to meet the justice needs of all. In 2023, UNDP strengthened its learning approaches on work on access to justice through strategic engagements with the findings and recommendations of the access to justice evaluation. Through the Justice Futures CoLab, UNDP held multi-level strategic conversations on importance of a people-centred approach to peace and development, for protecting and promoting human rights, advancing sustainable development and fulfilling the international commitment to leave no one behind. This facilitated the development of UNDP’s draft policy framework on people centered approach to justice and security. 

UNDP strengthened its strategic partnerships and engagement on rule of law and justice thereby strongly positioning itself. Within the UN Development System, UNDP collaborated with UN Women on the Gender Justice Platform, an initiative with UN Women, accelerated the promotion of gender justice and empowerment of women in 19 countries. The UN Global Focal Point (GFP) arrangement, co-chaired by UNDP and DPO, delivered support in 16 fragile settings to address violent conflicts, protect human rights and restore justice and security.

CONSTITUTIONAL SUPPORT

As the supreme law of the land, constitutions provide legal certainty, equal applicability and accountability that are foundational components of the rule of law. Constitutions guarantee fundamental rights and mandate state bodies to protect them, promoting human rights culture and contributing to sustainable peace and development. 

UNDP therefore views support to constitution-making not only as an integral part of its rule of law programming, but also central to its mission to fulfill the promise of the 2030 Agenda, and to prevent violent conflicts. UNDP responds to urgent demands for constitutional assistance, in close collaboration with the UN Department of Political and Peacebuilding Affairs (DPPA), UN Department of Peace Operations (DPO), UN Women, the UN Human Rights Office (OHCHR) and other partners.

UNDP supports national partners to design and implement constitutional processes that are inclusive, participatory and transparent, are based on applicable international norms and good practices, and are nationally owned. 

In 2023, UNDP’s Global Programme for Strengthening the Rule of Law, Human Rights, Justice and Security for Sustainable Peace and Development (the Global Programme) sought to achieve these goals through both country support and global policy development. UNDP published a guidebook on “Protecting Human Rights in Constitutions,” to assist constitution makers to design stronger rights-based constitutions based on national needs and international standards. 

UNDP’s Global Programme directly supported national partners in Barbados, Belize and Chile to plan and/or undertake constitutional reform processes. In the Commonwealth Caribbean, UNDP held a regional workshop on constitutional change, in partnership with the International Institute for Democracy and Electoral Assistance (International IDEA) and in conjunction with the University of the West Indies (UWI). The workshop brought together 20 constitutional commissioners, scholars and activists, including seven women, from Antigua, Barbados, Belize, Grenada, Jamaica, St. Kitts and Nevis, St. Vincent and the Grenadines and Trinidad and Tobago, to examine ways the Caribbean is reimagining its constitutional compacts, including through promoting accountability, strengthening representation and participation, and realizing human rights.

Participants of a regional workshop on constitutional change in the Commonwealth Caribbean.

Participants of a regional workshop on constitutional change in the Commonwealth Caribbean.

Photo: UNDP

Country examples 

In Belize, UNDP assisted the People’s Constitution Commission (PCC) in organizing its internal procedures, strengthening its Secretariat, and rolling out its public outreach and civic education campaign. The PCC has been tasked by the Government of Belize to review the Belizean Constitution and prepare a report with recommendations for amendments after consulting with the public.  As of the end of the 2023, the PCC had conducted over 750 public consultations and received over 2,000 suggestions from citizens, according to the PCC’s website, and the process is on-going.

In Chile, UNDP, in collaboration with Chilean academia and civil society organizations, developed and conducted an innovative survey called Citizen listening.  The survey helped to capture Chilean attitudes, perceptions and concerns regarding the 2023 constitutional reform process. Over 700 Chileans participated in the survey, which particularly targeted traditionally disaffected groups, such as migrants, people who self-identify as Indigenous peoples, and the elderly. The survey allowed the political stakeholders to better understand peoples’ demands for rights, justice and security, among other constitutional topics.

Lessons learned

UNDP’s constitutional support in 2023 had a focus on the Caribbean. The regional workshop Constitutional Change in the Commonwealth Caribbean afforded an opportunity to scrutinize how legacy constitutional arrangements, such as the Westminster system of government and the Judicial Committee of the Privy Council, have performed in the Caribbean context. Lessons learned from the workshop will be published  in 2024, but are already being tested and applied through UNDP’s country-specific constitutional support (for example, in Belize).

Looking forward

In 2024, UNDP will continue assisting national partners to design and conduct constitutional reform processes  and to develop knowledge products that assist constitution makers in designing constitutional frameworks that promote good governance, fundamental rights and sustainable human development.

CUSTOMARY AND INFORMAL JUSTICE

Engagement with the empirical reality of Customary and Informal Justice (CIJ) systems and actors is imperative to advance access to justice for all.  In a wide variety of contexts, traditional, customary or religious systems are the main justice service providers. CIJ systems can reflect unequal power dynamics and reproduce the status quo and conservative social norms, with particularly adverse effects for women, the poor and other marginalized groups. However, these systems are often more grounded in the communities they serve, more accessible and more affordable than state legal systems which are not as culturally resonant, distant from communities and expensive. In places where formal justice systems are non-existent,  CIJ mechanisms are the only option available to people to resolve disputes. The question, thus, is not whether to engage with these mechanisms, but how to engage with them to ensure fair, rights based, people centered and gender-sensitive processes. 

Country examples

In Yemen, a Community Charter was developed in Sana’a to promote inclusion within the community-based justice platforms and strengthen accountability at the local level, engaging representatives from marginalized groups, such as internally displaced persons, Muhamasheen ethnic group and persons with disabilities in consultations that informed its development. As a result, the Charter incorporated provisions for diversity (mandatory quotas) and accountability. Almost a quarter of 400 community leaders selected for Community Committees 1 belonged to marginalized groups, a significant achievement amid discriminatory practices prevalent in Sana’a.

In Timor-Leste, through its partnership with the Women Jurists Association, UNDP strengthened community-based mechanisms for alternative dispute resolutions through the establishment of  a paralegal network. Almost 200 community leaders (28 percent women) benefitted from training sessions delivered through the network. Young women lawyers from Women Jurists Association were trained to better adapt their skills for community interaction and to ensure that community-based informal justice practices are consistent with human rights and gender sensitive.

Consultations held by the Women Jurists Association of Timor-Leste (AFJTL)  on women’s access to land.

Consultations held by the Women Jurists Association of Timor-Leste (AFJTL)  on women’s access to land.

Photo: AFJTL

On the policy level, UNDP continued to advocate for the centrality of CIJ systems in achieving justice for all, including through  collaboration with the Working Group on Customary and Informal Justice (CIJ) and SDG16+, a platform of global diverse justice stakeholders. These efforts were officially recognized by and became a deliverable of the Action Plan of the Justice Action Coalition, a major group of justice stakeholders coordinating actions in support of the SDG16.3.

To ensure that governments, development partners and civil society can effectively engage with the CIJ actors and to create an enabling policy environment at national and global levels the CIJ Working Group published a joint report Diverse pathways to people-centred justice elaborating on the opportunities for utilization of CIJ systems with specific recommendations for national and community level actions.

Lessons learned

Many justice development practitioners, donors and national justice stakeholders hold negative perceptions about customary and traditional systems. At best CIJ systems are perceived as temporary solutions to inefficient formal justice system that are ultimately meant to be fully replaced by  state or formal justice systems. This conception prevents the growth, development and necessary investments in CIJs and their potential to contribute to advancing access to justice for all. Formalization and legal recognition of CIJs is key in making the system more accessible, accountable and trustworthy among its users.

Looking forward

In 2023, the Justice CoLab initiated a case study to analyze UNDP’s  engagement with CIJ systems and actors in Bolivia, Mali and Yemen). This work will inform the internal reflection with the aim to improve and expand programming. The Justice Colab will engage in more research, testing and learning and pursue its advocacy for engagement with CIJ actors and systems in conflict-affected settings and also the impact on women. In 2024, UNDP will commence the development of a people-centred guidance note on CIJ to support country-level work in this domain.

DIGITAL JUSTICE

In 2023, the Justice Futures CoLab continued to strengthen its e-justice initiative by providing support to the Country Offices on the use of digital technology to meaningfully transform justice systems. If used strategically, digital transformation is an opportunity to make justice systems not only more efficient, but also more independent, more accessible and people-centred, transparent and accountable. 

To achieve this, the Justice CoLab, through UNDP’s Global Programme, provided strategic, technical and financial support to countries, providing guidance to mitigate the risks of digital divide, as well as ensuring data protection and privacy. 

Based on the previously developed policy and guidance tools, 2 the Justice CoLab supported internal and external learning. A global e-justice webinar, organized by UNDP’s Justice CoLab, concluded with an agreement to harness public and private partnerships in strengthening the global e-justice offer and for more effective engagement in South-South cooperation.

Regional highlight

In collaboration with UNDP’s Chief Digital Office, the Regional Hub in Amman and UNDP’s Programme of Assistance to the Palestinian People (PAPP), the Justice CoLab examined the Case and Court Management System Mizan II, developed by the High Judicial Council of the State of Palestine with UNDP’s support. The Mizan business development model was recognized as an example of good practice of judicial digital transformation that enhanced the justice delivery and increased efficiency and transparency of the judicial system. A tool for case management planning was developed based on the Mizan II model and shared with other countries.

Two female prosecutors deliberating on an electronic file provided through Mizan ahead of a court hearing.

Two female prosecutors deliberating on an electronic file provided through Mizan ahead of a court hearing.

Photo: UNDP Sawasya

Country examples

Through the Justice CoLab, UNDP is providing support to countries to develop the policies, legal and institutional frameworks, national strategies and capacities required for digital transformation. In Djibouti, UNDP used the digital case management checklist to design a process for cross-sectoral support for digital transformation in the country, aligning donor expectations and timelines with the project scope. The Justice CoLab team supported UNDP in Sri Lanka to design the terms of reference and scope of case management transformation as part of its rule of law project, integrating digital transformation with other justice outcomes. 

In the Democratic Republic of the Congo, UNDP collaborated with the Ministry of Justice and the Superior Council of Magistrates to develop software to collect and analyse data to fight against corruption. In Malawi, e-court services were developed and tested to enable sexual and gender-based violence survivors to testify remotely, for their safety during legal proceedings. In Kenya, UNDP has been supporting the development of a mobile application to enable the filing and tracking of cases by litigants in small claims courts.

Lessons learned

More and more countries are engaging in the digital transformation of their justice system. However, digitalization efforts focusing solely on developing and rolling out digital solutions tend to fail. Successful and sustainable digital transformation needs, among other things, strong leadership and buy-in from national stakeholders, as well as national IT ecosystems in each institution.

Looking forward

The Justice CoLab will pursue the development of UNDP’s internal capacities and knowledge management, identifying good practices and lessons, as well as fostering learning exchanges and South-South cooperation. More efforts will be invested to strengthen capacities and expertise for e-justice in crisis and fragile contexts that face multiple challenges.

ENVIRONMENTAL JUSTICE

The launch of UNDP’s Environmental Justice strategy in 2022 has accelerated support to the Country Offices enabling them to grow and strengthen environmental justice programming. The strategy has been critical to underpin environmental justice as an integrated effort across UNDP’s rule of law, human rights, governance, nature, climate and energy workstreams. In 2023, UNDP increased its investment in environmental justice programming through funding, technical assistance and human resources, including the appointment of UNDP’s first global focal point on environmental justice. 

Given the formal recognition of the right to a healthy environment by the UN General Assembly, the emergence of mandatory legislation on human rights due diligence, and in response to requests from business, UNDP initiated the development of the Guide for Business on Human Rights Due Diligence with Environmental Dimensions. UNDP consulted with over 170 stakeholders, including over 60 businesses and leading environmental civil society organizations (CSOs). To be launched in 2024, the guide  will help businesses integrate the environment in human rights due diligence and support environmental civil society in holding businesses accountable for human rights abuses.

Regional highlights 

In Eastern Europe and Central Asia, UNDP partnered with the Supreme Court of Kyrgyzstan and hosted the International Judges Conference on Access to Environmental Justice. The conference brought together, for the first time, 15 judges (including eight women) from Armenia, Azerbaijan, Kazakhstan, Kyrgyzstan, Moldova and Uzbekistan to explore the role of the judiciary in increasing access to environmental justice. The participants committed to develop a regional environmental network of judges from Eastern Europe and Central Asia to look for solutions to key environmental issues including transboundary pollution, biodiversity loss and climate change.

International conference of judges  on access to environmental justice.

International conference of judges  on access to environmental justice.

Photo: UNDP Kyrgyzstan

A wider group of actors was convened by UNDP for the ‘Regional Environmental Justice Conference for Western Balkans.’ Over 50 participants including judges, prosecutors, lawyers, environmental inspectors and  civil society activists, as well as academia representatives from across the region discussed common challenges in upholding environmental rule of law and committed to explore a regional environmental justice initiative. To further develop environmental justice framework in Western Balkans, UNDP and partners will collaborate with the European Union Forum of Judges for the Environment.

In the Arab States, UNDP partnered with the National Institute for Human Rights of the Kingdom of Bahrain to host the region’s first international conference on the ‘The Impact of Human Activity on the Right to a Healthy and Adequate Environment’. Experiences on advancing the right to a healthy environment were shared from across the Arab States, including Bahrain, Morocco and Qatar, and globally, from Indonesia, Serbia and South Africa. Following the conference, the National Institute for Human Rights of the Kingdom of Bahrain committed to explore the role of business in respecting the right to a healthy environment in the region.

Country examples

In Bolivia, UNDP developed a multistakeholder governance framework to manage social and environmental challenges of the increased extraction of lithium.

In Georgia, UNDP published the first national study on access to environmental justice that highlights many barriers for the achievement of the environmental justice in the country.  In particular, environmental legislation lacks enforcement, justice institutions need further capacity development and public awareness on environmental justice has to increase.

In Lebanon, UNDP  convened the Ministry of Justice and the Ministry of Environment which had traditionally not cooperated on environmental issues. As a result of the UNDP-facilitated dialogue, the ministries agreed  to develop Standard Cooperating Procedures on the prosecution of environmental crimes and enforcement of relevant legislation.

Lessons learned

Cooperation with formal justice sector can accelerate the advancement of environmental justice. In terms of environmental harms, there is a strong focus on ensuring accountability for pollution at the national level. Critical to the success of environmental justice has been the convening of traditionally siloed actors, including from across the justice sector, environmental protection agencies and inspectors, as well as CSOs.

Looking forward

UNDP will continue to strengthen and expand environmental justice programming.  In addition, UNDP will explore opportunities for integrating justice and rights principles into environmental programming, including nature conservation and climate mitigation efforts, such as support to governments in advancing the just energy transition. 

GENDER JUSTICE

Promoting women’s leadership and meaningful participation in justice sector remains a priority for UNDP, in line with its Gender Equality Strategy. The results of the United Nations System-wide Action Plan on Gender Equality and the Empowerment of Women (UN SWAP 2.0) in 2023 demonstrated UNDP's outstanding performance, meeting or exceeding 94 percent of the UN SWAP indicators – the highest compliance rate to date. The Gender Justice Platform, a global partnership  between UNDP and UN Women to advance gender equality and close the global gender justice gap- funded by the Governments of The Netherlands and Germany was specifically acknowledged for its contribution to these results.

In 2023, the Gender Justice Platform broadened its network and outreach through new partnerships, including with the UN Office on Drugs and Crime (UNODC), the World Bank, International Development Law Organization (IDLO) and the International Association of Women Judges (IAWJ). The in-country programming support was also extended as 31 countries globally received support through the Gender Justice Platform. 

The Platform’s long-standing strategic partnerships with the UN Global Focal Point for the Rule of Law (GFP) Conflict and the UN Team of Experts on the Rule of Law and Sexual Violence in Conflict were also nurtured and utilized to scale-up the support for gender responsive rue of law and security services. In Kenya, for example, 45 women professionals in justice and corrections working in the UN peace operations in nine countries enhanced their leadership capacities in crisis settings 3 through the Gender Parity Initiative. Conflict.

Regional highlights

To improve women’s effective representation in the justice system in Africa,  UNDP and UN Women launched the Women in Justice in Africa Initiative, based on the comprehensive research commissioned through the Gender Justice Platform in 14 African countries.4

In May, UNDP, UN Women and UNODC partnered with the Conference of African Constitutional Jurisdictions and the Constitutional Court of the Gabonese Republic to organise the First Meeting of African Women Judges in Gabon. More than 60 women judges from 30 countries participated, and a Libreville Declaration was adopted, for further progress in women's judicial leadership in Africa as a precondition for better access to justice for all in the region. 

In June, at the Hague Justice Week, under UNDP’s Justice Futures CoLab and through the Gender Justice Platform, UNDP and UN Women presented the Women in Justice in Africa Initiative and the results of the knowledge collaboration between two agencies. The event followed the Hague Talks format. Following opening remarks of the senior representatives of UNDP and UN Women, three women judges from Mozambique, Nigeria and Uganda shared their personal stories on becoming judges. The panel discussion uncovered main challenges for women pursuing legal career in Africa, spotlighted good practices, lessons learned and recommendations identified through a comprehensive research.

At the Hague Justice Week, UNDP and UN Womenpresented the Women in Justice in Africa Initiative. The event followed the Hague Talks format. Credit: The Hague Talks

Judge Elisa Samual Boerekamp from Mozambique shared her personal story on becoming a judge. Credit: The Hague Talks

Judge Amina Augie, Justice of the Supreme Court in Nigeriashared her personal story on becoming a judge. Credit: The Hague Talks

In addition, innovative gender justice initiatives were implemented in the Asia Pacific and Arab States regions where behavioural insights were used to analyse the root causes of gender inequality in the provision of justice and security services.

Country examples

In Guinea-Bissau UNDP reinforced efforts to prevent and address gender-based violence. Through collaboration with national and local women's organizations, awareness-raising campaigns on sexual and gender-based violence reached over 3,000 people, including 1,465 women, in 33 rural communities. 

Training Seminar on Gender-Based Violence and the Judicial System in Guinea-Bissau..

Training Seminar on Gender-Based Violence and the Judicial System in Guinea-Bissau..

Photo: UNDP

In Mozambique, UNDP collaborated with a feminist-led civil society organization on closing the gender justice gap. In collaboration with national investigators, prosecutors and legal aid providers, strategic initiatives were implemented to prevent and respond to conflict-related sexual violence, including capacity building for women leaders in law enforcement.

In Tanzania, UN Women, with support from UNDP, launched the first national Gender Bench Book on women’s rights, in collaboration with the Tanzania Women Judges Association. The book, translated into Swahili, serves as a user- friendly reference guide for the judiciary on the rights of women and girls. In addition, local-level consultations informed the development of an action plan to protect vulnerable groups, including through legislative changes.

Lessons learned

Partnerships are key for strategic programming on gender justice, especially where national capacities need to be enhanced. Evidence-based programming is important for targeted, strategic intervention and maximising resources. In depth qualitative and quantitative data collection and analysis, as in the case of the Women in Justice in Africa Initiative, enabled targeted support to selected countries in Africa. 

Looking forward

Through the Gender Justice Platform, UNDP will  support the implementation of the recommendations of the Women in justice in Africa research at regional and national level, in collaboration with IDLO, IAWJ and national stakeholders.

To promote people-centred approach to gender justice, UN Women, UNDP, IDLO, World Bank and the Pathfinders for Peaceful, Just and Inclusive Societies, under the framework of the Gender Working Group  of the Justice Action Coalition,  will launch a joint research on Financing Women’s Justice Needs. The research will help to determine how national budgets reflect women’s justice needs and advocate for increased public spending on women’s justice needs.

HUMANITARIAN – DEVELOPMENT – PEACE NEXUS

Conflict, violence, fear of persecution and human rights violations, as well as the effects of climate change force more and more people out of their homes and land. Forcibly displaced, they find themselves in situations of extreme vulnerability. Access to justice and rule of law are fundamental to ensure protection and inclusion of forcibly displaced populations, as well as to advance sustainable solutions for peace and development. 

Partnership highlight 

In the spirit of the corporate-level Global Cooperation Framework between UNDP and the UN High Commissioner for Refugees (UNHCR), a Joint UNDP- UNHCR Roadmap was developed as a follow up to the workshop Advancing access to Justice and legal aid in situations of forced displacement held the year before.

UNDP joined the Legal Community Pledge of the 2023 Global Refugee Forum (GRF), announced during the Forum in Geneva in December 2023. The 2023 GRF Legal Community Pledge is a multi-stakeholder initiative coordinated by the global non-governmental organization PILNET. The purpose of the Pledge is to unite stakeholders working with refugees and other forcibly displaced persons to advance their access to rights and justice and to bring lasting solutions, focusing on legal awareness and service delivery.

UNDP became the first multilateral organization to join the pledge

UNDP pledged to:

UNDP pledges to work with UNHCR, UNODC, UN Women and other UN entities, as well as other partners in support to national actors (including institutional actors, legal aid providers, civil society and refugee-led associations …) to improve the availability and quality of legal assistance in all matters and advance people-centred justice for refugees, forcibly displaced and host communities in at least 20 countries in the next four years.

Regional highlight

The above-mentioned policy developments have inspired further achievements at country and regional level. For example, the Tbilisi Declaration on Access to State-Guaranteed Legal Aid for Forcibly Displaced Populations was adopted to promote the rule of law and access to justice in the context of Ukrainian displacement crisis. The declaration was signed by the legal aid authorities from Armenia, Georgia, Moldova and Ukraine at the Regional Forum on Rule of Law and Access to Justice hosted by UNDP in Tbilisi in December 2023.

Country examples

UNDP continues to support national actors in delivering justice and security services in crisis settings to protect human rights of displaced and host communities. In Lebanon, support was provided to the legal helpdesks to organize mobile services. Legal information, legal aid and assistance was provided to 4,353 individuals, including Syrian refugees. In Mozambique, training and support was provided to government stakeholders and civil society to address the justice needs of the internally displaced persons and returnees in ten districts of Cabo Delgado, Niassa and Nampula.

Lessons learned

While progress on defining Humanitarian-Development-Peace approaches in the rule of law sector has been made, implementation remains challenging. One of the reasons is the fact that funding and coordination structures remain focused on the organization of humanitarian support which prevents the development of more integrated efforts. 

Looking forward

UNDP will pursue its commitment to increase and improve the support provided to people forcibly displaced, ensuring that they have access to justice and security services, are able them to claim their rights and see them enforced. To implement the new Legal Aid Pledge, UNDP will also expand partnerships across the UN, seeking closer collaboration with UNHCR, UNODC, UN Women and others.  The new partnerships with the Legal Community Platform and other sister agencies will be central to all these efforts.

TRANSITIONAL JUSTICE 

UNDP supports the development of national capacities on transitional justice, focusing on access to justice in crisis and fragile contexts. As a  partner in the Working Group on Transitional Justice and SDG16+ within  the Justice Action Coalition, UNDP contributed to a strategic policy report of the working group “Toward Victim-Centered Change: Integrating Transitional Justice into Sustainable Peace and Development”. The report offers guidance on designing interventions that address violence and marginalization, as well as victim-centred strategies to integrate transitional justice into the 2030 Agenda. 

Through the Gender Justice Platform, a partnership framework between UNDP and UN Women, UNDP prioritizes gender-responsive transitional justice processes. At the global level, UNDP and UN Women ensured that gender equality was at the center of a new Secretary General’s Guidance Note on Transitional Justice.

Country examples

In Central African Republic, the transitional justice mechanisms, such as the Special Criminal Court (SCC) and the Truth, Justice, Reconciliation and Reparation Commission, received support through the UN Global Focal Point for the Rule of Law (GFP). In 2023, the SCC expanded its work, having received 27 new complaints. In addition, four new cases were transmitted to the Investigation Chamber and 13 cases were at the preliminary consideration stage. The court advanced in 23 judicial investigations, with a plan to complete approximately 40 investigations to by the end of 2024. Protection measures were provided for approximately 300 victims and witnesses, including 24 women, in the context of ongoing judicial proceedings.

In November 2023, the SCC’s first trial was completed and the final appeal judgement was issued in the Paoua case on war crimes and crimes against humanity. A trial in another war crimes case (Ndélé 1 case) started in December 2023. 

Closing of the first course held by the Youth Leaders Training School in Guatemala.

Closing of the first course held by the Youth Leaders Training School in Guatemala.

Photo: UNDP

In Guatemala, UNDP is leading innovative cultural and economic initiatives to empower Indigenous youth, with a special focus on women, to play key roles in social transformation. In collaboration with the Integral Development Association for the Victims of Violence in the Verapaces Maya Achí (ADIVIMA), UNDP strengthened the capacities of young people in preserving historical memory, community tourism and marketing, social entrepreneurship and leadership. At the institutional level, UNDP collaborated with the Judicial Branch and the Indigenous Peoples Secretariat to improve the capacities of justice systems and institutions. 

In Colombia, together with 23 civil society organizations (CSOs), UNDP supports the Special Jurisdiction for Peace (SJP) in order to provide judicial representation, legal advice and psychosocial support to over 300,000 accredited victims (through individual or collective arrangements) in all macro-cases. In addition, UNDP strengthened a platform of CSOs (Alianza de Litigio de Género ante la JEP) by developing recommendations that were discussed with the SJP to better address sexual violence, reproductive violence and other forms of gender-based violence in all judicial stages and macro-cases of the SJP. This support aims to secure effective state responses, ensuring victims’ rights to truth, justice, reparation and non-repetition. 

In 2023, UNDP and UN Women collaborated to capacitate national institutions. For example, in South Sudan, UNDP, UN Women, UN Mission in South Sudan (UNMISS) and the Community Empowerment for Progress Organization delivered a joint training on gender-responsive transitional justice processes for the Ministry of Gender, Child and Social Welfare. In Tunisia, through the Gender Justice Platform, UN Women supported national partners in their efforts to implement of the law on Ending Violence against Women. The support included capacity building of ministries, the National Observatory to Combat Violence against Women and other duty-bearers. 

Lessons learned

With the growing number of crisis contexts, it is essential to invest in long-term support to national institutions and civil society. Transitional justice is a highly complex and sensitive endeavor that requires nuanced societal engagements and mapping of power relations and dynamics between citizens and different actors and institutions to be effective in provision of remedies and solutions that serve as a response to conflict but also play a conflict prevention role. The Working Group on Transitional Justice and SDG16, as well as the Secretary General’s Guidance Note on Transitional Justice have highlighted the need for a people-centred approach to transitional justice, ensuring stronger links between social cohesion and sustainable development. 

Looking forward

In 2024, UNDP, through the Gender Justice Platform, will continue implementing the recommendations of the Secretary General’s Guidance Note on Transitional Justice. Women's meaningful participation in transitional justice process will remain a key part of the portfolio, in line with the Women, Peace and Security Agenda and UNDP's Gender Equality Strategy.

EU CONTRIBUTION TO UNDP ’S WORK ON THE RULE OF LAW, HUMAN RIGHTS, JUSTICE AND SECURITY

The EU and UNDP have an extensive partnership on rule of law, security and human rights at global and country levels which often complements and/or contributes to the results of the Global Programme. The scope of this partnership is comprehensive, fostering rule of law and access to justice reforms from the human rights holders/justice system users’ perspective while also addressing legislative and institutional gaps. Special attention is devoted to poor and marginalized communities, women and children. Globally, the EU-UNDP partnership also promotes criminal justice and security sector reforms, accountability and anti-corruption measures, human rights compliant business environments and contributes to the fight against impunity and to national reconciliation processes 5 . Three examples:

Country examples

In Bangladesh, the Activating Village Courts project extends Village Courts throughout almost the whole country. These courts play a key role in empowering women, the poor and other vulnerable groups living in rural areas by enhancing their access to justice. Village courts are considerably easier and cheaper for users to access and have an enforcement rate that is much higher than in the regular court system. For these reasons, 97 percent of users are satisfied with the Village Courts services.

In Iraq, the project Support to justice initiatives curbing corruption and promoting commercial dispute resolution assists the Government’s efforts to promote integrity and accountability and fosters Iraq’s sustainable socio-economic development, including creating a conducive environment for business and investment. This contributes to the EU, UN and Iraq partnership on stability and democracy.

In Kenya, the UNDP-led and EU supported Amkeni Wakenya fund ensures that rights-holders, with a strong emphasis on children, women and people in vulnerable situations can access legal aid, psycho-social support and other advice by human rights defender organizations and legal aid providers in 12 counties marked by high caseload or other challenges.

US INL CONTRIBUTION TO UNDP ’S WORK ON THE RULE OF LAW, HUMAN RIGHTS, JUSTICE AND SECURITY

The United States Bureau of International Narcotics and Law Enforcement Affairs (INL) is the largest contributor to UNDP’s Global Programme on Strengthening the Rule of Law, Human Rights, Justice and Security for Sustainable Peace and Development (Global Programme). Through this comprehensive and long-standing partnership, INL-supported projects at regional and country levels complement and contribute to the overall impact of the Global Programme. Through the partnership, contexts benefit from security sector reform, enhanced governance processes and community resilience, in addition to strengthened institutional capacities and processes and mechanisms to address gender equality and human rights issues, such as human and drug trafficking. Contributions from INL are disbursed through the Global Programme to enable effective tracking of funding, delivery and reporting. In 2023, INL contributed over $98 million to support the implementation of 38 projects in 22 countries across all UNDP regions and 2 regional projects in Asia Pacific.

Examples 6 of INL-supported projects in three countries are described below.

In Colombia, tools and capacity to implement rural development and community infrastructure projects that build public trust and create legal livelihoods were implemented in eight municipalities. These areas are characterized by a high presence of illicit crops and are part of the National Government of Colombia’s strategic plans, such as the Development Programs with a Territorial Approach and Future Zones. These efforts support INL's mission to combat illicit crops and narcotics trafficking, expand state presence, improve citizen security, and build resilience by promoting licit economic development and inclusive growth.

In Burkina Faso, the INL-supported programme on Social Cohesion, Security, and Rule of Law (CoSED) significantly improved access to justice in 2023. Through civil and penal mobile courts, the programme facilitated the adjudication of over 100 criminal cases involving more than 200 defendants and rectified hundreds of identification certificates. This support not only benefited more than 30,000 people, including 9,000 women, but also fostered increased trust between communities and authorities.

In Moldova, INL-UNDP support was instrumental in reinforcing the practice- oriented police training in the country. Nearly 1,000 Police Academy cadets and police staffers are benefitting from upgraded learning technologies and modernized practical training infrastructure of the institution, equipping the next-generation of police professionals with skills, knowledge and competences compliant with the demand for modern-style policing. 

1

Community Committees consist of volunteers from certain localities who facilitate communication between community members and local authorities, including justice institutions.  The members of the Committees themselves frequently serve as informal justice providers through restorative justice processes, such as consent-based mediation. 

2

See interactive Global Mapping of E-Justice that presents over 200 projects by area of impact, type of technology, geography and the partners involved, to allow people working on e-justice initiatives to connect globally and learn from each other, the report “E-justice: digital transformation to close the justice gap” and an accompanying toolkit

3

UNDP, through the Gender Justice Platform, supported a strategic training was developed by the UN Department of Peace Operations (DPO) and the UN Institute for Training and Research (UNITAR)., in collaboration with the GFP

4

A UNDP - UN Women study on women in justice in Africa will be published in 2024.

5

Please, see the information on the EU-supported Rule of Law, Security and Human Rights portfolio in 2023 available at https://bit.ly/4cvtGOo

6

This amount does not include 2016-2026 United States/INL contributions for the various CBARD: Community Based Agricultural Rural Development projects in Afghanistan, including no-cost extensions (total = $85,397,290.00 USD). The full INL-supported Rule of Law, Security and Human Rights portfolio for 2023 is available at https://bit.ly/3KZyO1p