JUSTICE SECTOR RESOURCES AND TOOLKITS

Transcription

1 JUSTICE SECTOR RESOURCES AND TOOLKITS

2 INTERNATIONAL NETWORK TO PROMOTE RULE OF LAW

3 INPROL is a global network of professionals dedicated to promoting justice, security and the rule of law worldwide and gives members the tools to imagine, design, build and implement rule of law reforms and innovations. INPROL offers online access to the following: Professional Network, linking you to individuals with knowledge and contacts; Discussion Forum, enabling practititoners to ask questions, solve problems, and exchange insights with peers; Research Team, with INPROL staff conducting research in response to specific needs and questions; and Library, packed with resources from leading rule of law organizations and authors

4 Professional Network Includes general members and Councils of Experts; Immediate connection to 3,000+ rule of law professionals; Library 3,300+ Resources Accessible Online and Access to the knowledge of recognized experts Organized by topic; dedicated Afghanistan Library

5 Research Team The INPROL team research tailored to members specific needs and questions; Identify resources, or create or commission original materials Research Memoranda Written in response to Member Questions; Recent Topics Addressed: Police Primacy and Plea Bargaining

6 Practitioner Series: Provides an overview of key topics and Distills comparative best practices and lessons learned. Published Guides include Practitioners Guide on Common Law and Civil Law Traditions and Practitioners Guide to Islamic Law Forthcoming Guides Include: Practitioners Guide on Defining the Rule of Law and Concepts and Practitioners Guide on How to Ensure Project Sustainability Related

7 U.N. PUBLICATIONS FOR RULE OF LAW PRACTITIONERS The United Nations Rule of Law Indicators: Implementation Guide and Project Tools Why, What and How To Measure? A User s Guide to Measuring Rule of Law, Justice and Security Programmes

8 ABA RULE OF LAW INITIATIVE (ROLI) MORE THAN 80 ASSESSMENTS IN MORE THAN 30 COUNTRIES 1. Access to Justice Assessment Tool 2. CEDAW Assessment Tool, based on the Convention on the Elimination of All Forms of Discrimination Against Women 3. Detention Procedure Assessment Tool 4. HIV/AIDS Legal Assessment Tool 5. Human Trafficking Assessment Tool, based on UN Anti-Human Trafficking Protocol to the UN Convention against Transnational Organized Crime

9 ABA RULE OF LAW INITIATIVE (cont.) MORE THAN 80 ASSESSMENTS IN MORE THAN 30 COUNTRIES 6. Judicial Reform Index 7. Legal Profession Reform Index 8. Prosecutorial Reform Index 9. Legal Education Reform Index 10. ICCPR Index, based on the UN International Covenant on Civil and Political Rights

10 MEASURING RULE OF LAW

11 GOALS OF THE INDEX > To measure adherence to the rule of law, not in theory, but in practice. > To identify strengths and weaknesses of each country as compared with its peers. > To encourage efforts to strengthen the rule of law. 11

12 WORLD JUSTICE PROJECT I. Government is accountable under the law II. Laws are clear, publicized, stable, and fair, and protect fundamental rights, including the security of persons and property III.Laws are enacted, administered, and enforced in an accessible, fair, and efficient manner IV. Access to justice is provided by competent, independent, ethical adjudicators, attorneys, and judicial officers (numbers, resources, language)

13 2014 ROL INDEX Factor 1: Constraints on Governmental Powers Factor 2: Absence of Corruption Factor 3: Open Government Factor 4: Fundamental Rights Factor 5: Order and Security Factor 6: Regulatory Enforcement Factor 7: Civil Justice Factor 8: Criminal Justice Factor 9: Informal Justice

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15 MEASUREMENT APPROACH Perspective of the ordinary person. 2. Two sources of entirely new data: > A general population poll (GPP): Probabilistic sample: 1,000 respondents per country (three largest cities). > Qualified respondent s questionnaires (QRQ): Completed by in-country experts in civil and commercial law; criminal justice; labor law; and public health. 3. The WJP Rule of Law Index 2014 scores build on more than 400 variables drawn from the assessments of 99,000 people and 2500 local experts in 99 countries.

16 16 BUILDING THE SCORES 400 variables 8 factors and 48 sub-factors

17 BUILDING THE SCORES 8.1 Crimes are effectively investigated 8.2 Crimes are effectively and adjudicated in a timely fashion 8. EFFECTIVE CRIMINAL JUSTICE 8.7 Due process of law and the rights of the accused are effectively guaranteed. Presumption of innocence Torture and abusive treatment to suspects Arrest and pre-trial detention Legal representation Access to translators Evidence Rights of prisoners

18 Estonia Poland Czech Republic Slovenia Hungary Croatia Romania Macedonia Bosnia Bulgaria Belarus Serbia Kazakhstan Russia Georgia Moldova Ukraine Uzbekistan 7 HOW DOES GEORGIA COMPARE? High Upper-Middle Low-Middle

19 GEORGIA IN 2014 INDEX Slovenia Italy Hungary Georgia Greece Romania Macedonia +.05 high income +.02 high income +.01 high income.60 lower middle -.01 high income -.01 upper middle -.02 upper middle

20 GEORGIA WITHOUT F1 & F3: 2014 Portugal Slovenia Italy Georgia Hungary Romania Croatia +.16 high income +.14 high income +.06 high income 3.81 lower middle -.06 high income -.12 upper middle -.30 high income

21 THE CRIMINAL JUSTICE SYSTEM: COLOMBIA 1. Colombia, November 15, 2010: (...) Another important organization that promotes justice around the world, the World Justice Project, just released its report entitled Rule of Law Index, and it includes Colombia If we review the area of access to justice, we find that we get a score very close to zero on the effectiveness of the criminal investigation system these reports, that are known on a global scale, must make us turn on our alarms. You the judiciary and us the government together with Congress, must put all our effort to achieving a more efficient and effective criminal justice system. Juan Manuel Santos, President of Colombia

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23 October 24, 2011, 1st Philippine Anti-Counterfeiting and Piracy Summit, The Philippines ( ) An effective campaign against piracy and counterfeiting is also seen as further strengthening the rule of law. While the Philippine Development Plan cites the rule of law as vital to the holistic development of citizens, the World Justice Project Rule of Law Index 2010 sadly ranks the Philippines last or close to the bottom among seven indexed Asian countries. The country ranked last in such factors such as order and security, fundamental rights, and effective criminal justice ; it was second to the last in the absence of corruption, clear, publicized and stable laws, regulatory enforcement, and access to civil justice. Jejomar C. Binay, Vice President of the Philippines

24 While the U.S. scored high in many areas including checks and balances in the legal system, civil liberties, freedom of expression and independence of the judiciary it trailed western European countries in such areas as legal access for low-income communities and ethnic minorities

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26 The Global Peace Index ranks 162 countries, 2008-present Three themes: the level of safety and security in society the extent of domestic or international conflict the degree of militarization Employs 22 qualitative and quantitative indicators of peace

27 Indicators included: Number of deaths from internal conflict Number of deaths from external conflict Level of violent crime Level of expenditure on the military Number of refugees, stateless and internally displaced persons Number of homicides

28 Indicators included: (cont.) Number of internal security officers and police Size of the jailed population Private security forces Costs of terrorism Economic cost of conflict to the economy Costs associated with fear from violence Cost of funding UN peacekeeping missions

29 A framework for assessing the delivery of public goods and services, and policy outcomes for 52 African countries, 2007-present. 100 variables 30 independent African and global sources

30 Four main conceptual categories: Safety and Rule of Law Participation and Human Rights Sustainable Economic Opportunity Human Development

31 TRANSPARENCY INTERNATIONAL

32 Measuring governments efforts to combat corruption: network of in-country researchers and journalists quantitative and qualitative data more than 300 actionable indicators anti-corruption measures on the books and de facto realities and implementation in each country. GI 2011: 31 countries GI 2012: 2 countries (Solomon Islands and Cambodia) GI 2013: 3 countries (Indonesia, Timor-Leste and Vanuatu) GI 2014: Developing new methodology for early 2015 report