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Governance Themes Information Database Organisation Database Training and Events
Governance Themes Information Database Organisation Database Training and Events

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Governance Themes Information Database Organisation Database Training and Events
Governance Themes Information Database Organisation Database Training and Events

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Governance Themes Information Database Organisation Database Training and Events
Governance Themes Information Database Organisation Database Training and Events

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Safety, Security and Accessible Justice

Overview

This page provides an overview of the Governance Theme section on 'safety, security and accessible justice'. It presents policy documents outlining DFID's approach to safety, security and accessible justice. There are also key texts on learning from poor people's experiences of justice sector institutions, sector wide working and other donor approaches to the justice sector.

Page contents

DFID policy

Perspectives of users

Sector-wide working
Other donor approaches

Key texts: DFID policy

Department for International Development 2000, Justice and Poverty Reduction: Safety, Security and Access to Justice for All, DFID, London.
The aim of this paper is to assist DfIDs mission to improve the security and welfare of the worlds poorest people through improving their access to justice. It observes that the burden of crime falls most heavily upon the poorest and most vulnerable sectors of society who are also those least able to access the justice system. It also has a wider economic cost, as resources are diverted from social welfare into policing, revenue is lost to invisible trade, assets are damaged or stolen, and consequently investment is discouraged.
Full document available online

Department for International Development 2001, Guidance Note: Putting SSAJ Policy Into Practice, DFID, London.
This guidance note, from DFID's Governance Department, looks at how the guidelines, set out by DFID, could be implemented. However, it warns that each case should be treated individually and that the guidelines should not be read as a manual. All justice systems are different and have many components. Justice matters to poor people. The impact of theft, for example, is more severe if the victim is poor; and a lack of access to justice fosters corruption.
Full document available online

Key texts: Perspectives of users

CIET International 1998, Uganda: National Integrity Study 1998, CIET International.
Ugandas first National Integrity Survey was carried out in 1998, commissioned by the Inspectorate of Government (IGG), which is responsible for preventing and tackling corruption. It aimed to collect information about corruption in public services, suggest interventions, and raise public awareness. Households from 200 communities were asked about primary education, health, police, local administration, judiciary and revenue services. Public service workers were also interviewed.
Full document available online

The Asia Foundation 2001, Survey Report on Citizen's Perceptions of the Indonesian Justice Sector: Preliminary Findings and Recommendations, The Asia Foundation, San Francisco.
There have been few opportunities for ordinary citizens in Indonesia to participate in legal reform actions. Yet, what are their perceptions and experiences of the justice sector? This report by the Asia Foundation addresses the above question, drawing on data from a qualitative and quantitative study. The study focuses on the choices that the Indonesians make in resolving legal disputes and their familiarity with the procedures of the formal institutions. It also looks at the factors that influence the Indonesians preference for solutions and their level of satisfaction with chosen courses of action.
Full document available online

Ahmad, M., Khan, A.M.R. and Nazneen, S. 'Corruption as people see it', Transparency International Bangladesh.
This report for Transparency International Bangladesh details a series of discussions on corruption organised with people who had direct knowledge of it and people who were victims of corrupt practices throughout Bangladesh. Participants presented their experiences and suggested possible ways to address the problem. Nevertheless, the extent as well as the intensity of corruption has not been fully documented. What this study does confirm is that the common man suffers much from malpractices perpetrated by government departments, local government institutions, businessmen and even NGOs.
Full document available online

Paul, S. 2002, Holding the State to Account: Citizen Monitoring in Action, Books for Change, Bangalore.
(Full summary and ability to access document available shortly)

Stewart, J. (eds) 2000, In the Shadow of the Law: Women and Justice Delivery in Zimbabwe, Women and Law in Southern Africa Research Trust 2000.
(Full summary and ability to access document available shortly)

Excerpts from Genn, H, 1999 'Paths to Justice: What do People Think About Going to Law?', Hart Publishing, Oxford, UK in 'Sourcebook on Access to Justice', Messick, R. and Beardsley, L., World Bank Empowerment Retreat May 7-8, Washington, USA.
In an attempt to fill some of the existing information void, this book from Hart Publishing presents the results of a survey of public attitudes towards the civil justice system. The survey explored the behaviour of the public in dealing with potential legal disputes and problems, as well as potential plaintiffs or potential defendants. It identified the strategies adopted by those involved in potentially justiceable events to resolve or conclude the matter, use of courts and ADR; and the factors that propel litigants towards the legal system. It also identified structural factors, or lack of knowledge, which prevent access to the legal system where it is desired. The survey further assessed the effect of this lack of access to the formal legal system of individuals.
Full document available through: BLDS document delivery service. Please access full summary and then click on the link for "BLDS Document Delivery Service."

Key texts: Sector-wide working

Hendrix, S., 'Guatemalan 'Justice Centers': the centerpiece for advancing transparency, efficiency, due process and access to justice' report prepared for USAID.
An efficient and transparent justice system is crucial to reduce corruption opportunities and impunity. Conflict tends to weaken or destroy, not only the justice sector, but the state itself, making it incapable of dealing with human rights issues. After a terrible history of genocide and human rights abuse in Guatemala, it was recognised that the justice system was flawed and that establishing a rule of law was needed. To address these concerns a new operational model the Justice Centre was developed. This USAID article asks how effective has this initiative been to revitalise a deficient justice system?
Full document available online

Guttman, M., Michel, J. and Carter, L. 2002, 'Justice Centers in Latin America', excerpts from USAID Rule of Law Achievements in Latin America, 15 February in Sourcebook on Access to Justice, Messick, R. and Beardsley, L., World Bank Empowerment Retreat May 7-8, Washington, USA.
(Full summary and ability to access document available shortly)

Penal Reform International 1999, The Chain Linked: A Model for Inter-Agency Cooperation, Penal Reform International, Paris
This document produced by Penal Reform International (PRI), an international NGO, considers how inter-agency cooperation within the criminal justice process can be encouraged and sustained. This is part of the New models of accessible justice and penal reform in developing countries project, supported by the DFID. The document highlights suitable means of supporting inter-agency cooperation and reflects on a pilot case for improving cooperation in Masaka, Uganda.
Full document available online

Key texts: Other donor approaches

Other international donor organisations tend to have a different definition of justice sector reform. For example, the World Bank focuses on legal and judicial reform for the purpose of strengthening market institutions, and USAID on the 'rule of law'. There tends to be less focus on users' perspectives and on linking police reform to the rest of the sector.

Asian Development Bank 2001, Law and Policy Reform at the Asian Development Bank 2001. Legal Empowerment: Advancing Good Governance and Poverty Reduction, Asian Development Bank.
This publication by the Asian Development Bank looks at successful legal empowerment strategies in developing countries and draws on case studies, primarily from Bangladesh, Indonesia, Mongolia, Pakistan, the Philippines, Thailand and Vietnam. It identifies many constraints that prevent access to the legal system; economic issues, a limited understanding of the law and learned helplessness are major issues for the disadvantaged.
Full document available online

International Council on Human Rights Policy 2000, Local Perspectives: Foreign Aid to the Justice Sector, International Council on Human Rights Policy.
This paper reports the results of research into the views of beneficiaries of human rights assistance in Bulgaria, Cambodia, Guatemala and South Africa. It focuses on the relationship between human rights assistance and development, the problems of human rights assistance, the need for more strategic approaches to reform and the relations between donors and beneficiaries.
Full document available online

US Agency for International Development, 1994, 'Weighing in on the Scales of Justice: Strategic Approaches for Donor-Supported Rule of Law Programs,' USAID Program and Operations Assessment Report No. 7, USAID, Washington DC.
This paper presents the findings of a USAID 1992 study of donor supported Rule of Law (ROL) programmes in six countries: Argentina, Colombia, Honduras, the Philippines, Sri Lanka and Uruguay. The study assesses recent donor experience, develops criteria for initiating ROL programmes and proposes a strategic framework for setting ROL priorities and designing country programmes.
Full document available online

World Bank 2000, Initiatives in Legal and Judicial Reforms, World Bank, Washington DC.
This selection of papers from the World Bank attempts to provide some insights on how a reform programme can be realised. The research seeks to draw lessons from the history of earlier reform initiatives. The papers range from broad, multi-country studies of efforts that lasted decades, to reviews of individual projects in a single country. The papers are divided according to whether the principal focus is (1) primarily historical, (2) programme strategy, (3) the efficacy of external support, or (4) targeted reviews of specific country programmes.
Full document available online

European Bank for Reconstruction and Development, 2002, 'Legal Transition Programme: Legal Reform Projects, 1996 to July 2001,' EBRD.
This paper provides a ten page summary of legal reform projects throughout a period of slightly over five years from 1996 to March 2002. It was prepared by the Legal Transition Team within the Office of the General Counsel of the European Bank for Reconstruction and Development. The projects are listed in order of recipient country. All the projects are based in the EBRDs area: Europe, the former Soviet Union and Mongolia. There are ninety four projects in all, including sixteen Regional Projects that cover more than one country.
Full document available online

Asian Development Bank 2001, Statement to World Bank Conference on Law and Justice, Asian Development Bank.
This Statement highlights the impact of LPR on governance, sustainable economic development, private sector work, environment and corruption. Country highlights emphasise institutional strengthening in the Philippines, legal and judicial reform in Pakistan, and land law changes in Cambodia. These all display positive effects of a systemic approach. By contrast, Tajikistan is surmised to be suffering from corruption and the absence of foreign investment for failing to provide information on new laws.
Full document available online

Rowland, D. 2001, 'AusAID Statement to World Bank Conference on Law and Justice,' AusAID.
This statement from AusAids Governance group describes AusAids current activities, with particular emphasis on law and justice. The primary mandate of AusAid is to assist developing countries to reduce poverty and achieve sustainable development. Good governance is seen as an essential ingredient in achieving these goals. In 2001-2002, expenditure on governance activities is estimated to reach A$295 million. Of that figure approximately A$35.4 million goes to legal and judicial development, A$100 million to civil society and human rights, another A$100 million to public sector reform, and A$59 million to economic management.
Full document available online

US Agency for International Development 2001, USAID and the Rule of Law, USAID, Washington DC.
How can the rule of law be promoted in developing countries? Which USAID programmes are working on this and in which areas of the world? This four-page paper gives an overview of programmes since the mid-1980s and describes how USAID approaches justice reform. There has now emerged a global concensus on the centrality of the rule of law to democracy and economic development. Yet, in many developing countries, there are still inadequacies in the justice system.
Full document available online


DFIDThe University of BirminghamIDS