Global Programme on

Strengthening the Rule of Law in Conflict

and Post-Conflict Situations

Annual Report 2009

1
COPYRIGHT
United Nations Development Programme (UNDP)
UNDP is the United Nations‘ global development network, advocating for change and connecting countries to
knowledge, experience and resources to help people build a better life. We are on the ground in 166 countries,
working with them on their own solutions to global and national development challenges. As they develop local
capacity, they drew on the people of UNDP and our wide range of partners.

For further information please contact:

United Nations Development Programme
Bureau for Crisis Prevention and Recovery
11–13 Chemin des Anémones
1219 Châtelaine
Geneva, Switzerland
Tel: 41 22 917 8547
Fax: 41 22 917 8060
www.undp.org/cpr

Copyright © 2010
United Nations Development Programme
Bureau for Crisis Prevention and Recovery
One United Nations Plaza
New York, NY 10017, USA
www.undp.org/cpr

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―We recommit ourselves to
actively protecting and
promoting all human
rights, the rule of law and
democracy and recognize
that they are interlinked
and mutually reinforcing
and that they belong to the
universal and indivisible
core values and principles
of the United Nations.‖
World Summit Outcome
Document 2005, A/Res/60/1

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CONTENTS

ACRONYMS 5

OVERVIEW 7

CHAPTER 1: Vision and Strategy 11

CHAPTER 2: Field Support 13

CHAPTER 3: Partnerships 56

CHAPTER 4: Practice Management and Knowledge Products 61

CHAPTER 5: Challenges and Lessons Learned 63

CHAPTER 6: Financial Status 66

WAY FORWARD 68

ANNEX 1: Global Programme Planned Expenditures 69

ANNEX 2: Global Programme Results Against 2009 Annual Targets 71

ANNEX 3: Global Programme Areas, Outputs and UNDP Strategic Plan Outcomes 74

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ACRONYMS

8PA 8-Point Agenda

A2J Access to Justice
AU African Union
ASEAN Association of Southeast Asian Nations
ASWL Association of Somaliland Women Lawyers
BCPR Bureau for Crisis Prevention and Recovery
BCR Bureau of Corrections and Rehabilitation (Liberia)
BDP Bureau for Development Policy
BiH Bosnia and Herzegovina
BIN Bureau of Immigration and Naturalization (Liberia)
CAR Central African Republic
CBCD Community Based Corrections Department (Sri Lanka)
CLJAS Criminal Law and Judicial Affairs Section
CO Country Office
COGWO Coalition of Grassroots Women‘s Organizations (Somalia)
CSO Civil Society Organization
DCAF Geneva Center for Democratic Control of Armed Forces
DFID Department for International Development (United Kingdom)
DPA Department of Political Affairs
DPKO Department of Peacekeeping Operations
DRC Democratic Republic of the Congo
DSG Deputy Secretary-General
EA2J Equal Access to Justice
EC European Commission
ECOWAS Economic Community of West African States
EULEX European Union Rule of Law Mission in Kosovo1
EWS Early Warning Systems
FSU Family Support Units
GBV Gender-Based Violence
GOS Government of Sudan
GOSS Government of South Sudan
GP Global Programme
IASC Inter-Agency Standing Committee
IAWJ International Association of Women Judges
ICTY International Criminal Tribunal for Yugoslavia
IDP Internally Displaced Person
ILAC International Legal Aid Consortium
ISSAT International Security Sector Advisory Team
JCC Justice and Confidence Center (Sudan)
JIPU Joint Integrated Police Unit (Sudan)
JSCO Justice Sector Coordination Office (Sierra Leone)
JSP-TL Justice and Security Programme
JSP Joint Strategic Plan
KCA Kosovo Chamber of Advocates
KJI Kosovo Judicial Institute
KOSSAC Kosovo Small Arms Commission
LAC Legal Aid Commission (Sri Lanka)
LAC Latin America and Caribbean
LEP Legal Empowerment of the Poor
LTTE Liberation Tigers of Tamil Eelam
M&E Monitoring and Evaluation
MDG Millennium Development Goals
MINURCAT United Nations Mission in the Central African Republic and Chad
MINUSTAH United Nations Stabilisation Mission in Haiti

1
Hereafter referred to in the context of the UN Security Council Resolution 1244 (1999).

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MOJ Ministry of Justice
MOLACD Ministry of Legal Affairs and Constitutional Development (South Sudan)
MOU Memorandum of Understanding
NGO Non-Governmental Organization
NWFP North-West Frontier Province (Pakistan)
OECD Organization for Economic Co-Operation and Development
INCAF International Network on Conflict and Fragility (OECD)
OHCHR Office of the High Commissioner for Human Rights
OPT Occupied Palestinian Territory
OROLSI Office of Rule of Law and Security Institutions
OSCE Organization for Security and Cooperation in Europe
PAPP Programme of Assistance to the Palestinian People
PBF United Nations Peacebuilding Fund
PBSO United Nations Peacebuilding Support Office
PD Police Division
PJCM Provincial Justice Coordination Mechanism (Afghanistan)
PLC Paralegal Service Programme
PNH National Police of Haiti
PRS Poverty Reduction Strategy
RBAP Regional Bureau for Asia-Pacific
REJUSCO Programme for the Restoration of the Judicial System in Eastern Congo
ROLCRG Rule of Law Coordination and Resource Group
ROLJS Rule of Law, Justice and Security
SARC Sexual Assault Referral Centre
SG Secretary-General
SGBV Sexual and Gender-Based Violence
SIDA Swedish International Development Agency
SPF Strategic Partnership Framework
SRSG Special Representative of the Secretary-General
SSR Security Sector Reform
SSRTF Security Sector Reform Task Force
SSRU Security Sector Reform Unit
SWLA Somali Women‘s Lawyers Association
TAM Technical Assessment Mission
TJ Transitional Justice
TOR Terms of Reference
UNAMA United Nations Assistance Mission in Afghanistan
UNAMI United Nations Assistance Mission in Iraq
UNAMID African Union/United Nations Hybrid Operation in Darfur
UNCT United Nations Country Team
UNDP United Nations Development Programme
UNFPA United Nations Population Fund
UNICEF United Nations Children's Fund
UNIFEM United Nations Development Fund for Women
UNIPSIL United Nations Mission in Sierra Leone
UNMIK United Nations Mission in Kosovo
UNMIL United Nations Mission in Liberia
UNMIT United Nations Mission in Timor-Leste
UNODC United Nations Office of Drugs and Crime
UNOPS United Nations Office for Project Services
UNOWA United Nations Office for West Africa
WCD Women and Children‘s Desks
WSSI Women‘s Safety and Security Initiative

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OVERVIEW

T he importance of strengthening the rule of law in conflict/post-conflict countries cannot be

underestimated. During an armed conflict, the rule of law is replaced by the ‗rule by force‘. Violations
of international and domestic law, injustice and insecurity dominate the lives of millions of people
living in fear, or forced to flee their homes and communities. In the absence of the rule of law, no people can
recover from war and no post-conflict society can be rebuilt.

In response to these realities, the United Nations Development Programme (UNDP) launched its Global
Programme on the Rule of Law based on Justice and Security in Conflict/Post-Conflict Situations in January
2008. In doing so, UNDP, through its Bureau for Crisis Prevention and Recovery (BCPR), made a renewed
commitment to forging global partnerships on the rule of law, justice and
security. It reaffirmed the value of empirical knowledge in responding to the Box 1: Status of Rule of Law
needs of communities and institutions. More so, UNDP pledged to bridge the Programmes
gap between law and reality, and to make a difference where it matters the most:
in societies dispossessed of justice and security as a consequence of armed
Bosnia and
Herzegovina

conflict. The Global Programme is the key pillar of UNDP‘s contribution to the Central African 
UN-wide efforts to deliver capacity-building on rule of law in a coordinated and Republic

mutually re-enforcing manner, as set out by the Secretary-General in its 2009

Chad 
Annual Report on Strengthening and Coordinating United Nations Rule of Law Colombia 
Activities. Democratic 
Republic of the
Since 2008, the Global Programme has methodically been rolled out. By the end Congo
of 2009 - half-way through its implementation - the Global Rule of Law Guinea-Bissau 
Programme has made significant progress in achieving its key projected output, Haiti 
namely to rapidly and effectively provide rule of law assistance in conflict and Iraq 
post-conflict countries. For that purpose, it established and/or strengthened
UNDP rule of law, justice and security programming in 18 priority conflict/post-
Kosovo 
conflict situations (out of 20) at a total programming value of USD 202 million.2 Liberia 
Nepal 
As Box 1 shows, individual rule of law programmes are at varying stages of
maturity. The clear majority of the rule of law programmes is either in progress
Occupied
Palestinian Territory

or advanced, indicating that the implementation of the Global Programme is on Sierra Leone 
track and delivers concrete results. Somalia 
In 2009, nearly 3,000 people and families accessed free legal aid. Women‘s Sri Lanka 
legal aid facilities were put in place in nine countries, reaching out to women Sudan 
and girls previously unable to pay for legal advice or fearing the consequences Timor-Leste 
of coming forward. In the Democratic Republic of the Congo (DRC) alone, Uganda 
where rape is endemic, five new legal aid clinics were established for women.
On the supply side, training was completed in 2009 for 5,400 law-enforcement Legend:
and justice providers in 17 countries (1,400 police officers, 1,400 legal  Advanced
professional, nearly 600 government officials and 2,000 traditional leaders).  In progress
 Nascent
The momentum for impact is building. By deploying mutually reinforcing
capacity development activities that address both the demand and the supply side, the Global Programme is
yielding results, while also paving the way for impact on a broader scale. In strengthening the rule of law, every
step and every case count and represents an important way forward in combating a culture of impunity—the
ultimate measurement of impact and the driving principle of the Global Programme.

Without the support from the Global Rule of Law Programme:

 Legal aid and access to justice would have remained beyond reach for thousands of displaced and war-
affected populations in countries like Chad, Nepal, Sierra Leone and Somalia;

2
The Global Rule of Law Programme priority conflict/post-conflict situations are: Afghanistan, Bosnia-Herzegovina, Burundi,
Central African Republic, Chad, Colombia, Democratic Republic of the Congo, Guinea-Bissau, Haiti, Iraq, Liberia, Nepal,
Occupied Palestinian Territory, Sierra Leone, Somalia, Sri Lanka, Sudan, Timor-Leste, Uganda and Kosovo.

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  Women subjected to rape would have little, if any recourse, to reclaim their rights and dignity in a court
of law in Chad, the Democratic Republic of the Congo, Kosovo3, Sierra Leone and Sudan;
 Previously exposed communities would not have experienced security in their day-to-day life through
community policing in Liberia, Somalia, Sri Lanka and Sudan;
 Calls for support to draft legislation and strategic frameworks for rule of law reforms would have
remained unanswered in Bosnia and Herzegovina, Central African Republic, Kosovo4 and Timor-
Leste; and,
 Critical justice and security institutions would have been left unattended, unable to begin institutional
capacity development and recovery in Central African Republic, Democratic Republic of Congo, Haiti,
and the occupied Palestinian territory, among others.

The building blocks for delivering those results have systematically been put in place through the Global
Programme. Thanks to a comprehensive package of support, UNDP country offices have increasingly been
equipped with the capacity to respond in a timely and effective manner to requests by host-government and
national stakeholders.5
This support package entails a series of steps, which include: in-country diagnostic assessments; design and
establishment of multi-year programmes; and strengthened human and financial resources. This includes
support for political dialogue to obtain agreements on justice and security assistance with each of the 18 host-
governments, which now allows UNDP to access and provide capacity development to over 100 rule of law
institutions.
Thousands Thousands
Box 2: Donors Contributions Box 3: Allocation and Expenditure 2008 & 2009
7,000.00 2009
20,000.00

6,000.00 18,000.00

5,000.00 16,000.00 Allocation

Expenditure
14,000.00
4,000.00
2008 12,000.00
3,000.00
10,000.00
2009
2,000.00 2009 8,000.00

1,000.00 6,000.00
2009
2008 2009 2009
4,000.00
-
2,000.00

-
2008 2009

The progress of the Global Programme can to a certain extent also be measured by its access to financial
resources, made available from our development partners, in particular by Australia, Canada, France, Germany,
the Netherlands, and Norway. The total resources allocated, based on stringent quality control, for rule of law
programming from the CPR Thematic Trust Fund in 2009 amounted to USD 18,428,362.81, with an additional
commitment amounting to USD 19,300,524 for the period 2010-2011. These figures exclude allocations from
the Peacebuilding Fund (PBF), amounting to an additional USD 9 million for the same period, which reaffirms
UNDP‘s role on justice and security in peacebuilding contexts. However, additional financial resources for an
approximate amount of USD 26 million are still needed to sustain the comprehensive support currently offered
to conflict and post-conflict countries and achieve the initial expected results by the end of 2011.

The Global Programme is also well on track with regard to its second key projected outcome: contributing to
integrated and coherent UN system-wide assistance and coordination on rule of law. It has enabled UNDP to
become a credible partner and catalyst for bringing together the UN family in optimizing resources and capacity
in-country. By the end of 2009, UNDP/BCPR had established institutional partnerships and joint programming
on rule of law, justice and security in 10 countries with UN and other international partners, including the
Department for Peacekeeping Operations (DPKO), the Office of the High Commissioner for Human Rights
(OHCHR), the Peacebuilding Support Office (PBSO), the Peacebuilding Fund (PBF), UN ACTION against

3
Referred to in the context of the UN Security Council Resolution 1244 (1999).
4
Referred to in the context of the UN Security Council Resolution 1244 (1999).
5
Box 1 provides a snapshot of the status of the rule of law programmes in the Global Programme priority conflict/post-conflict
situations. A more detailed analysis is provided in Chapter 2.

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Sexual Violence in Conflict (UNACTION), the UN Office on Drugs and Crime (UNODC), the United Nations
Development Fund for Women (UNIFEM), and the European Commission.6

Globally, UNDP‘s active engagement in international policy making on rule of law, justice and security is
underpinned by its efforts to support international consensus-building towards collective action. UNDP -
together with UN and donor partners - plays a catalytic role in advancing a shared vision of security providers
that are accountable to civilian oversight, and justice providers that are empowered to protect human rights. In
2009, an OECD/INCAF reference group led by UNDP and the World Bank, with support from the United
Kingdom‘s Department for International Development (DFID), the UN Rule of Law Unit, DPKO and the
OECD secretariat and other donors, developed a joint conceptual
framework on the justice and security nexus, which bridges the divide
between the justice and security communities under the umbrella of "It is important to provide
the rule of law. women and children
traumatized by these crimes
access to justice, and to end the
Another area of priority to the Global Programme is that of the Eight- impunity afforded to
Point Agenda for Women‘s Empowerment and Gender Equality in perpetrators. It is also important
Crisis Prevention and Recovery with a strong focus on Point 1 and to work with grassroots
Point 2: Women‘s Security and Access to Justice. The Global Rule of organizations, both in the
Law Programme has played an instrumental role in advancing prevention of and response to
concrete programming in this domain. In 2009, UN ACTION sexual violence. Response may
designated UNDP as a co-lead with OHCHR and DPKO to coordinate involve recruiting more women
the UN system-wide preparations for rolling out Security Council police officers, and by training
Resolution 1888 Operative Paragraph 8 under the leadership of the police, judges, paralegals, court
administrators, and religious
Special Representative of the Secretary-General (SRSG) on Sexual
leaders so that women are given
Violence in Armed Conflict. UNDP/BCPR‘s significant investments the means and the space to
in women‘s security and access to justice to combat impunity against speak out about their
sexual violence in all priority countries have thus also been recognized suffering and receive justice
at the global level. through informal and formal
systems.‖
In his Annual Rule of Law Report in September 2008, the United Statement by UNDP
Nations Secretary-General recognized UNDP‘s strengthened capacity Administrator Helen Clark on
to address rule of law in conflict/post-conflict countries. The progress Adoption of Security Council
made by UNDP was also recognized by BCPR Review Team in 2009, Resolution 1888, October 2009
which concluded that the Global Rule of Law Programme had ‗broken
new ground‘, which should be built upon to strengthen UNDP/BCPR‘s
ongoing efforts to achieve results and impact.7

This is not to say that the roll-out of the Global Programme has reached optimal impact or is without challenges.
The theatre for its implementation is by default the most complex in the world: countries in active armed
conflict or in its immediate aftermath. Volatile security situations, reoccurrence of hostilities, armed violence
and severely marginalized institutions and communities pose serious challenges to access.

In 2009, the attacks on the UN compounds in Hargeisa and Kabul led to the relocation of UNDP staff in
Somalia and suspension of a planned UNDP/BCPR rule of law mission to Afghanistan, while assassination
attempts against high-level counterparts in Guinea-Bissau slowed down the momentum for broad security sector
reform. In fact, support to the 20 priority countries is frequently curtailed by instability in various degrees.
However, this should not be seen as a discouragement, but rather as a reason for doubling the efforts to
creatively and flexibly managing and overcoming those obstacles.

While the broader security landscape constitutes a major challenge, the nature of development assistance as well
as corporate challenges must be given due consideration. The most critical added value of development
programming in a humanitarian or post-crisis setting is its approach of empowering national capacities—as
opposed to substituting them—and thereby creating self-reliance and sustainable local capacity for ‗building
back better‘. This requires time. In measuring impact of the Global Programme, it is also essential to have a
sound understanding of the full scope of sequenced activities, or building blocks, that are required in
establishing an effective and sustainable in-country programme.

6
Central African Republic, Chad, Colombia, Democratic Republic of the Congo, Haiti, Liberia, Nepal, Sri Lanka, Timor-Leste, Uganda.
7
The main objective of the strategic review of BCPR, initiated in 2009 and currently finalized, is to assess how the Bureau is performing
against its strategic goals and to develop and implement recommendations that fundamentally improve its performance against mission.

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Once the human, technical and programmatic capacity is put in place, additional time is required to establish the
programme and roll out activities, which includes building partnerships with UN agencies, identifying local
NGOs and conducting procurement. The process of establishing a responsive capacity for a country office takes
an average of 12 months—depending on the country office capacity at the outset, external security situation and
political support from in-country partners. An additional 6 to 12 months are required to roll out visible activities
and see first results.
UNDP Country offices must receive technical and operational support to establish in-country teams that have
the required rule of law, justice and security expertise. Coupled with the high-staff turnover in difficult
environments, it has proven to be a challenge to find qualified staff. An option for this is to establish a rotation
system that capitalizes on institutional memory and field-experience of UNDP staff, while also investing in staff
development.

Staffing and programming must be matched with operational support for procurement, recruitment,
establishment of sub-offices and skilled monitoring and evaluation (M&E) expertise. The capacity to respond
has to go beyond rule of law and even beyond programming to encompass the country office operational
capacity in its entirety, including monitoring and evaluation. Effective M&E and reporting is currently under
review and being improved at the corporate level. Indeed, this has been made a top-priority for the UNDP
Administrator, who has stated that the organization must ―embrace a culture of evaluation‖ - a call echoed by
the BCPR Director and the BCPR Review Team.

The Global Rule of Law Programme is developing a new monitoring and evaluation system. A comprehensive
database containing activities, results and impact for all priority countries has been established. For that
purpose, regular reports have been solicited from UNDP Country offices. These reports constitute the
informational foundation of this progress report, and will be translated into a regular reporting mechanism to
generate relevant M&E data on an ongoing basis.

While the report makes progress towards documenting ―performance against mission,‖ it is planned that the
monitoring and evaluation system will be further strengthened. Concrete steps to be implemented in 2010
include: conducting baseline studies and operationalizing a standardized M&E mechanism for each priority
country, based on clearly identified indicators and with a single streamlined reporting structure. It is anticipated
that the renewed corporate commitment to M&E will further strengthen and build upon the early ground that the
Global Rule of Law Programme has broken.

The rule of law staffing capacity of BCPR at headquarters has grown significantly over the last two years, from
three to seven professional staff. Yet, human resources remain below the staffing capacity originally estimated
under the Global Programme. So far, it has been possible to offset this gap through strong personal commitment
and short-term consultancies. However, the human resources need to be strengthened in order to sustain quality
and timeliness of BCPR‘s support on rule of law, justice and security to conflict and post-conflict countries.

This report continues with Chapter 1, outlining the Vision and Strategy of the Global Programme. Chapter 2
gives an account of each of the priority conflict/post-conflict situations, including context, activities,
results/impact and lessons learned. Chapter 3 describes the partnerships that have been forged both in-country
and at global level, while Chapter 4 summarizes knowledge products and practice management. Chapter 5
reflects on key challenges and lessons learned, followed by a financial update in Chapter 6. The report
concludes with the Way Forward and relevant annexes.

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CHAPTER 1: Vision and Strategy

T he vision of the Global Programme is to make an impact on the ground and a lasting difference in
people‘s lives. Challenging as it is, this objective permeates the activities of the Global Rule of Law
Programme. Country office support, inter-agency partnerships, global policy-making or knowledge
products are all geared at enhancing more effective and timely rule of law assistance in countries affected by
armed conflict.

The Global Programme outlines UNDP‘s renewed efforts and services to translate the aspiration for the rule of
law into tangible deliverables that are relevant in-country. Drawing on some of UNDP‘s most comprehensive
and innovative rule of law programmes, the Global Programme is driven by practical lessons learned and an
analysis of those experiences. These are lessons revealing the profound complexity of restoring the rule of law
in an environment ruled by the gun, and lessons reminding us of the benefits of working together in partnership
with others to optimize our collective efforts.

The Global Programme brings together diverse experiences of UNDP, the UN and its partners and tailors
support to address each of the factors that are conducive to results and impact. The focus is on quality and
depth, timely response, impact and sustainability. The objective is to empower UNDP country offices in a
corporate and sustainable way to implement one of its core mandates—rule of law—consistently and across the
board.

By working closely with host-governments, communities, civil society and international partners, the network
of UNDP Country offices is the avenue through which assistance is delivered. In responding to host-
governments‘ requests and complementing other UN and bilateral partners, BCPR provides a comprehensive
support package through UNDP country offices, starting with the project initiation and continuing throughout
the programme cycle.8

Programmatically, at the in-country level, working alongside the humanitarian and the peacekeeping
community, the Global Programme establishes close linkages between protection and the rule of law, between
humanitarian, peacekeeping and development principles. Through a sequenced approach tailored for both
conflict and post-conflict situations, and aligned with Outcomes 3, 4, 7 and 8 of the UNDP Strategic Plan (see
Annex 3), the Global Programme focuses on:

1. Strengthening the Rule of Law within an Early Recovery Framework and during Transitions. National
capacities (government institutions, civil society, and displaced populations) are empowered to respond
to the immediate needs related to security, justice and impunity, while also laying a foundation for
capacity development of rule of law institutions in the recovery phase.

2. Addressing Women’s Security and Access to Justice. Based on Security Council Resolutions 1325,
1820, 1888 and UNDP‘s Eight-Point Agenda for Women‘s Empowerment and Gender Equality in
Crisis Prevention and Recovery, particular emphasis is placed on ensuring access to justice for victims
of Sexual and Gender-Based Violence (SGBV) and domestic violence.

3. Supporting Capacity Development of Rule of Law Institutions. Technical assistance is provided to

conduct capacity development of critical rule of law institutions, such as the Judiciary, the Ministry of
Justice, the Prosecutor‘s Office, Law enforcement and Corrections.

4. Facilitating Transitional Justice. Support is provided to national stakeholders in addressing past

legacies of violations of human rights and humanitarian law, while also ensuring parallel capacity
development of rule of law institutions.

5. Promoting Confidence Building and Reconciliation. Particular attention is given to rebuild trust and
nurture reconciliation. Cutting across the full spectrum of assistance, all activities are geared at
confidence-building and seek to promote dialogue, communication and peaceful conflict resolution.

8
The Global Programme identifies 20 priority conflict/post-conflict situations for the period 2008-2011: Afghanistan, Burundi, Central
African Republic, Chad, Colombia, Democratic Republic of the Congo, Guinea-Bissau, Haiti, Iraq, Liberia, Nepal, occupied Palestinian
territory, Sierra Leone, Somalia, Sri Lanka, Sudan, Timor-Leste, Uganda and Kosovo.

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The Global Programme introduces a more comprehensive and systematic approach to country office support—
one that strengthens the capacity of UNDP to work effectively with its partners in achieving collective
outcomes. To this end, UNDP/BCPR‘s support through the Global Programme entails the full spectrum of
capacities required to establish, manage and achieve a new level of sustainable and effective rule of law
assistance. In line with UNDP‘s Strategic Plan 2008-2011 and drawing on its past and current programming, the
UNDP Global Programme provides high quality support through:

 Rapid deployment of experienced UNDP rule of law experts;

 Inclusive consultations with host-governments, UN Country Team, peacekeeping, donors and
communities.
 Assessments in identifying programmatic entry points on rule of law, justice and security and joint
development of sequenced, integrated and multi-year programme documents;
 Design of conflict- and gender-sensitive programmes, and identification of linkages to other relevant
UN assistance (e.g., democratic governance, humanitarian action, peacekeeping);
 Advocacy and resource mobilization for programme implementation;
 Training and staff development on the rule of law, and rolling technical advice, back-stopping and
knowledge-sharing throughout the programme implementation;
 Allocation of seed funding through BCPR Project Appraisal Committee (BPAC) process9;
 Establishment of effective partnerships with Interagency Standing Committee (IASC) and UN Country
Team (UNCT) members, DPKO, civil society organisations (CSO) and bilateral donors.

As a result of the Global Programme, UNDP offices increasingly have in place the capacity to manage and
implement comprehensive rule of law programming, working with policing, legal representation, prosecution
services, courts and corrections in an integrated and systematic way. This is done in a complementary
partnership with host governments, civil society, DPKO, PBSO/PBF, DPA, humanitarian actors, the World
Bank and other partners.

Since its roll-out in 2008, the Global Programme has played an instrumental catalytic role in supporting joint
programmes to serve the field faster and more effectively through joint programmes on rule of law, justice and
security. Ten joint programmes have been initiated with DPKO, OHCHR, UNIFEM, UNODC and other UN
agencies, including in DRC, Haiti, Liberia and South Sudan. The Global Programme also serves as a compass
and a tool for the implementation of justice and security projects funded by the PBF.

While support to conflict-affected countries has been a key priority for the Global Rule of Law Programme
throughout 2009, UNDP/BCPR has also given due attention to internal coordination and complementary
approaches within UNDP so to advance corporate efforts to strengthen delivery overall. In this respect, BCPR,
the Bureau for Development Policy (BDP) and the Regional Centers have deepened their collaboration in 2009
in the areas of: anti-corruption, legal empowerment, economic and land rights, justice and governance of the
security sector. Integrated programme support has been developed and/or initiated in the Democratic Republic
of the Congo, Nepal, Sri Lanka, Timor-Leste and Uganda.

Another top priority for the Global Rule of Law Programme is that of the Eight Point Agenda with a strong
focus on Points 1 and 2, women‘s security and access to justice. The Global Rule of Law Programme has
played an instrumental role in advancing concrete programming in this domain. Also in 2009, UNDP was
designated to co-lead with OHCHR and DPKO the UN system-wide preparations of translating Security
Council 1888 Operative Paragraph 8 on combating sexual violence in armed conflict under the leadership of the
SRSG.

9
All projects requesting funding from Crisis Prevention and Recovery Thematic Trust Fund (TTF) resources that are unearmarked or
earmarked for specific thematic areas are submitted to the BCPR Project Appraisal Committee (BPAC). See Chapter on Financial Status
for more details.

12
CHAPTER 2: Field Support

T his chapter presents a progress report on each of the priority conflict/post-conflict situations receiving
support under the Global Programme. This entails key information about the operational environment, the
objectives of each project, the major activities and, most importantly, what concrete results have been
achieved, along with challenges and lessons learned.

By the end of 2009, 18 out of the 20 conflict/post-conflict situations were receiving support through the Global
Programme. Only Afghanistan and Burundi have yet to receive support; these countries are therefore not
included in this chapter. A technical mission to Afghanistan was planned for late 2009, but was postponed due
to the attack on the UN guesthouse and the subsequent security restrictions. In Burundi, the Country office is
now entering a new programming cycle, and BCPR support will start the first quarter of 2010 to build upon
previously PBF-funded joint programmes on security sector reform/small arms and justice/human rights.

Halfway into its lifetime, the Global Programme is delivering strong results, as the individual profiles in this
chapter demonstrate. Progress however, is uneven across the conflict/post-conflict situations. Partly, this is due
to external factors, such as the political volatility and insecurity. It is also a reflection of the fact that developing
a comprehensive rule of law programme is a time-consuming process. Depending on the situation in the
country, it may take up to two years to build a programme and achieve first results. This is why this chapter
offers a detailed analysis situation by situation. Icons on each profile graphically illustrate the status of the
programmes:  Advanced;  In progress;  Nascent. Especially for nascent programmes, the evidence base
for measuring impacts and results needs to be enlarged. As the programmes mature over time and with
strengthened monitoring and evaluation efforts, the reporting of concrete results will be further improved.

During all phases of a programme cycle, the rule of law programmes in priority conflict/post-conflict situations
receive substantive assistance from BCPR. The support provided to the Central African Republic since
September 2007, outlined in the timeline on the next page, is illustrative of the type of support and time
invested by BCPR in any UNDP Office.

In addition to the 20 conflict/post-conflict situations countries, six fragile states or conflict countries have
sought and received support on rule of law. In this respect, UNDP/BCPR has mainly provided technical advice
on developing and implementing rule of law programmes and enabled partnerships, for example with the UN
Peacebuilding Support Office. These activities are outlined in the section on ‗other countries‘ at the end of this
chapter. While these activities have not negatively impacted on the implementation of the Global Programme,
additional human and financial resources will be required if UNDP/BCPR is to respond positively to requests
made by crisis-affected states, which are not accounted for in the Global Programme.

13
 Global Programme Support to UNDP Country Office in the Central African Republic (2007 – 2009)

5 - 14 Sept 2007 29 Nov - 6 Dec 2007 10-17 April 2008 3 Oct 2008 19 - 26 Feb 2009 24 Sep - 1 Oct 2009 11 - 15 Jan 2009
BCPR scoping mission Conduct 2-day SSR Participate in national Official Joint UNDP-EC BCPR integrated mission to Mission to New York
to identify opportunities training for SSR seminar on SSR and endorsement of monitoring mission on review Country Office to meet with PBC
for technical/financial Preparatory Committee provide technical multi-year rule of SSR process portfolio on Conflict Chair for Central
support in the rule of and provide technical support to develop 2- law programme by Prevention & Recovery African Republic and
law sector support to draft multi-year year SSR Action Plan CAR national PBSO
rule of law programme authorities

2007 2008 2009 2010

26 Sept – Oct 2007 10 - 17 Jan 2008 March 2008 Sept - Oct 2008 December 2008 21- 26 Sept 2009 22 - 29 Oct 2009
BCPR technical support Sponsor ISSAT Provide financial Establish joint UNDP- Establishment of ASL Mission to New York to Joint UNDP-EC-France
mission to assist national expert to participate in support and deploy European following Global meet with PBC Chair monitoring mission on
authorities in drafting SSR OECD SSR senior SSR expert to Commission multi- Programme financial for Central African SSR process and multi-
position paper for donor consultation support national disciplinary team on allocation (US$ Republic and PBSO year rule of law
round-table in Brussels authorities in organizing Security Sector 3,417,448) to rule of programme
national seminar on Reform law programme
SSR

14
Box 3: Country Office Support in the Central African Republic
The development of the CAR rule of law programme entailed one scoping mission in
September 2007 followed by two in-country missions in late 2007 and April 2008 to
agree on the programme activities and partnerships with national partners. The
programme document was finalized in July 2008 and approved by the Government in
October 2008 following intensive consultations with international partners, including
the European Commission, France and the United Nations Office in the Central African
Republic (BONUCA). Regular technical advice and support has been given to the
Country Office on recruitment processes, programme implementation and resource
mobilisation throughout 2008 and 2009.
At the request of the Country Office, BCPR has also provided direct support to the
national authorities, including: training on SSR concept for members of the Preparatory
Committee on SSR; technical and financial support to organize the national seminar on
SSR; technical support during the drafting process of the 2-year national action plan on
SSR; establishment of a multi-disciplinary team on SSR with the European
Commission; and, participation to joint assessments/monitoring missions with the
European Commission in February and October 2009.
 BOSNIA AND HERZEGOVINA 2009
Situation Analysis increasing legal awareness among the
public, and providing free legal aid,
Among the regions of the former with a focus on GBV and domestic
Yugoslavia affected by the violent violence survivors. Through these
disintegration of the country, Bosnia efforts, confidence in state
and Herzegovina (BiH) suffered the institutions is expected to grow.
largest toll in terms of human life and
suffering. The destruction of Currently, the programme on
resources and infrastructure was also Building Capacities of Cantonal and
widespread and, in some places, District Prosecutors and Courts
complete. Recovery is thus likely to includes several additional
take much longer than in other parts components: establishing a witness
of the former Yugoslavia. Likewise, support network, developing the
addressing the consequences and capacity of the War Crimes Chamber
root-causes of the conflict still The boundaries and names shown and the designations used on this map
do not imply official endorsement or acceptance by the United Nations. *
and Prosecutor‘s Office, and building
requires attention and effort. regional cooperation and support for
the BiH Strategy on ICTY Legacy. The overall goal of
Addressing the legacy of war in the current transitional this project is to strengthen capacities for dealing with
context evokes complex questions: how to bring war war crime trials.
criminals to justice, how to ensure justice for victims
and survivors, and how to bring a sense of normalcy to Country Office Support
the lives of post-war generations. Despite various BCPR has provided ongoing support to the Country
initiatives since the 1995 Dayton Peace Agreement to office on transitional justice initiatives. Aiming to
address past abuses, most efforts have been limited in complete the Transitional Justice Project in July 2009,
scope and failed to adequately include the government. and requested by the government to support drafting of
Building the National Transitional Justice Strategy, BCPR
Capacities Access to assisted in developing the follow-up project. After an
Supporting of Cantonal Justice: assessment of the justice sector, BCPR proposed
National and District Facing the extending UNDP assistance to broader confidence-
 Capacities
for
Prosecutors
and Courts
Past and
Building
building measures. The new project proposal was
jointly formulated and submitted to the Project
Transitional in BiH to Confidence
Justice Process War for the
Appraisal Committee in April, 2009, to ensure a smooth
Crimes Future transition between programmes. BPAC allocated USD
Cases 2.6 million for the project rollout in August 2009, and
later helped to recruit programme staff. A follow-up
Period 2006- 2009 2008-2011 2009-2012 review mission was conducted in October, 2009, to train
Budget Total : Total: Total:
new staff, assist in strategic and work planning, and
(in USD) 1,143,390 1,432,251 5,555,766 offer substantive inputs to framework documents.
BCPR: Partnerships
2,691,818
Given the sensitive nature and need for national
Programme Objectives and Strategy ownership of transitional justice processes, UNDP has
UNDP assisted in a government-led initiative to established a solid relationship with national partners.
strengthen transitional justice processes, by conducting UNDP works particularly closely with the Ministry of
outreach, trainings, and multi-stakeholder forums in Justice and the Ministry of Human Rights and
partnership with civil society. After a series of local and Refugees, and has conducted consultations with
national consultations and events organized by UNDP, government institutions in the BiH Federation and the
the government requested assistance in establishing a Republika Srpska.
working group to draft a national strategy for Activities
transitional justice.
 Organized major nationwide consultations on
The follow-up Access to Justice Project seeks to transitional justice with key government and CSO
increase the accessibility of state legal institutions and actors. The report and recommendations from this
services for standard court users, and to systematically conference have been endorsed by the Council of
address remaining access to justice challenges for Ministers, making it effectively government policy.
victims of the 1992-95 conflict. Simultaneously, the
project addresses overall access to justice by  Finalized a Transitional Justice Guidebook with a
strategically enhancing courts‘ communication capacity, repository of relevant legislation, summary of
______________________________________________________________
projects and lessons learned, policy documents and
 The maps included in this chapter are provided by courtesy
of the ReliefWeb Map Centre, UN Office for the Coordination
of Humanitarian Affairs. 15
 directory of transitional justice organizations in the with the public. In this respect, the recommendations of
region. the Fojnica consultations report, endorsed by the
government, and the Transitional Justice Guidebook
 Supported local CSO transitional justice projects
constitute important resources for informed discussions.
under the Small Grants Fund component of the
programme; and continues to monitor Local consultations, designed to raise public awareness
implementation. about transitional justice, have transformed the public
discourse on the subject. An Early Warning System
 Reinitiated and formalized coordination with the
study, due for completion in early 2010, will show
Ministry of Justice and the Ministry of Human
significant improvement compared to a similar study
Rights and Refugees through a core support group.
done at the project‘s inception in 2005.
This led to the establishment of the Working Group,
which will draft the National Transitional Justice Recent developments indicate a new momentum to
Strategy. pursue comprehensive strategies for dealing with the
past. This is a result of a consistent engagement to
 Initiated consultations with a broad range of CSO
ensure outreach and inclusion of multiple stakeholders
actors and networks on the participation of civil
coupled with positive dialogue with the government.
society groups in the Working Group.
 Developed terms of reference, and identified a PR Remaining Challenges
agency to conduct an early warning system study,  There is a risk that a decentralized BiH may stall
measuring public interest in dealing with the past, the transitional justice processes, and not fully
understanding of the transitional justice process, pursue the recommendations of the Working Group
and awareness and needs regarding access to to harmonize norms and policies.
justice.
 CSOs outside the Working Group working on
 Conducted five-day capacity-building trainings for transitional justice-related issues may become
40 representatives of women‘s organizations that alienated by the strategy development process if
provide basic legal services at the community level. they perceive it as disregarding their input. This
 Supported the development of a National War could lead to CSO frustration and public
Crimes Strategy by conducting a needs assessment recriminations.
of cantonal and district-level courts. This Lessons Learned
assessment helped to prioritize capacity needs, and
informed a larger strategy on dealing with war  Given the sensitive subject matter at the heart of
crimes, drafted later by the BiH working group and transitional justice initiatives, inclusion of the
Prosecutor‘s Office. government is necessary for successful
implementation. The membership of the Ministry of
 Held a series of consultations with the Ministry of Justice and the Ministry of Human Rights and
Justice, resulting in an agreement to begin capacity Refugees on the project and advisory boards is thus
development for judicial and prosecutorial training appropriate and important, given that their mandates
centers, gender agencies, and CSOs. As a result of roughly reflect the issues that will emerge from a
these consultations, legal aid organizations will be transitional justice consultation process.
permitted to deliver training on free legal aid in
2010.  Interventions in the area of war crimes must be
consistent with the National War Crimes Strategy.
Results and Impact Support should be extended to the lower level
Prior to the UNDP-led assessment and consultations, courts, including training and possibly material
the government was not fully included in developing equipment.
transitional justice mechanisms, and the public appeared Next Steps
either unfamiliar or uncomfortable with the concept of
transitional justice itself. Today, the public and UNDP will support the selection process for members
government are beginning to discuss transitional justice of civil society seated in the Working Group tasked
in an open and informed manner. with drafting the National Transitional Justice Strategy,
and the launch of the Working Group activities in April,
National multi-stakeholder consultations have reached a 2010. UNDP will also provide technical support for the
consensus with the government that the National development of the Working Group‘s strategic plan, and
Transitional Justice Strategy is a viable way to address assist in the rollout of access to justice components of
victims‘ grievances and instil public confidence in the programme, which will complement current
government initiatives concerning war crimes and transitional justice support.
human rights violations committed during the conflict.
The knowledge products and policy guidance developed
by UNDP in 2009 play a significant role in informing
the collective decision-making process both in regards
to findings of the Working Group and consultations
16
 CENTRAL AFRICAN REPUBLIC 2009
Situation Analysis At the request of the Country office,
BCPR has also provided direct
The Central African Republic (CAR) support to the national authorities on
currently faces numerous justice and security sector reform, including the
security-related challenges. The establishment of a multi-disciplinary
combination of instability, team with the European Commission;
widespread poverty and weak and participation in joint
infrastructure has severely eroded the assessments/monitoring missions
capacity of national institutions to with the European Commission in
deliver security and justice. To the February and October 2009.
extent that such institutions operate
at all, their reach is mostly confined Partnerships
to the capital. This creates UNDP has built robust partnerships
pronounced geographic disparities in with the Ministry of Justice and
access to justice. The boundaries and names shown and the designations used on this map do
Ministry of Public Safety and
not imply official endorsement or acceptance by the United Nations.

Moreover, the formal justice Decentralization, as well as the

system‘s lack of capacity to address impunity has European Commission, France and the UN
severely impaired public confidence. Correctional Peacebuilding Office. UNDP and the European
facilities are increasingly overcrowded, unsanitary, Commission jointly established a multidisciplinary team
unsafe, and managed by an ill-trained, underpaid staff. composed of seven international experts to support the
SSR process. Joint initiatives were launched with France
The national police lack the technical, human, and
on judicial and police reform.
material capacity to provide public safety and law
enforcement, and have also suffered pillaging and Activities
destruction during security crises.
 Provided technical and financial assistance to the
 Strengthening the Rule of Law through
Justice and Security
Ministry of Justice in developing a 10-year strategic
development plan for a fair, accountable and
service-oriented justice system.
Period 2009-2011  In order to support the promulgation of the new
Budget Total: 12,144,639 Penal Code, Code of Criminal Procedure, and Code
(in USD) BCPR: 3,417,268.45 of Military Justice, UNDP facilitated 20 meetings to
PBF: 2,000,000 discuss and improve the draft laws, and organized a
workshop with 60 members of parliament, 20
Programme Objectives and Strategy government representatives, as well as journalists
The programme empowers national and local and civil society representatives, to review the new
institutions to address immediate needs while laying the provisions.
foundation for long-term development in the justice and  Undertook data collection, verification, and analysis
security sector. At the national level, the programme of court cases in several areas, which allowed the
seeks to strengthen the capacity of rule of law quantifiable measurement of justice system
institutions that immediately impact public safety and deficiencies. This baseline will be used to measure
the administration of justice—the Ministry of Justice, programme impact in the long run.
judiciary, police, and corrections. At the community
level, UNDP strengthens the capacity of local rule of  A human rights educational programme was
law institutions, communities, traditional leaders and launched in five préfectures. Training, which
civil society organizations to respond to immediate reached hundreds of residents, focused on
security threats. The programme pays particular international human rights standards, domestic
attention to gender justice and common crime fuelled by violence, and property rights.
small arms, military activity and banditry.  Building and renovating legal aid and information
Country Office Support centres in the five targeted préfectures. A business
plan to ensure the financial sustainability of these
The Country office has received regular technical advice centres is currently under development.
and support for recruitment, programme Additionally, UNDP furnished and equipped the
implementation, and resource mobilization throughout local district courts, remand centres, police stations,
2009. and gendarmerie brigades.

17
 Conducted a nationwide prison audit and provided  In order to move towards national implementation—
recommendations to strengthen the corrections as requested by the government—and to ensure that
system. These recommendations also explored the national counterparts can manage funds for
alternatives to imprisonment. future initiatives, the project should invest in
building the capacity of the Ministry of Justice and
 Women‘s prisons were also built and equipped in
Ministry of Public Safety and Decentralization, to
four provinces, which will enable gender-sensitive
manage finances, and plan and administer projects.
practices, including cross-gender supervision and
gender-specific reintegration opportunities.  The lack of coordination among international
partners in support of security sector reform risks
 Provided technical and financial assistance for the
gradually reducing the original, holistic vision into a
development of new prison legislation, and helped
technical exercise that focuses primarily on the
to organize the first-ever gender-specific training
armed forces. UNDP can play an important role to
programme for four female prison directors and 12
ensure continuing attention to areas of justice and
female guards.
police.
 Provided support for infrastructure rehabilitation
 The insufficient number of magistrates and police
and procurement of information technology and
officers has hindered decentralization of the formal
operational equipment. This includes the full
justice system, and continues to impede the delivery
construction and equipment of 14 police stations,
of basic security services at community level.
one high court, and three district courts, and a radio
Additionally, CAR has a severe shortage of judges,
communication network between Bangui and the
numbering less than 120, because those who retire,
provincial capitals.
die, or transition to politics are not replaced.
 In order to strengthen police capacity, UNDP
 The various projects under the Country office
provided professional trainings on investigative
conflict prevention and recovery portfolio are
techniques, report writing, and human rights,
isolated and do not sufficiently reinforce each other.
provided uniforms and professional ID cards, and
A more integrated and coherent approach should be
developed and disseminated a Code of Ethics for
developed.
Police Officers.
Lessons Learned
Results and Impact
 Intense recruitment efforts are necessary to ensure
The development and adoption of the 10-year strategic
highly qualified staff with management and strategic
development plan for the justice sector constitutes a
experience in development programming for justice
milestone in moving justice sector reform forward. The
and security.
drafting and dissemination of a Code of Ethics for the
National Police has triggered behavioural changes and  Collaboration with local NGOs to implement field-
the trust between the police and communities in targeted level activities is effective only where the NGOs
provinces has increased. As a result, communities feel receive comprehensive support. This requires
safer, according to first-hand accounts gathered during external planning, funding, and training for all NGO
the October 2009 monitoring mission. activities on the rule of law. In such cases,
collaboration has proven effective in ensuring
The national prison audit and subsequent development
continuous implementation and cultivating local
and adoption of new legislation, policies and procedures
ownership of projects.
will enable the system to function in a coherent,
integrated and accountable manner. Considerable Next Steps
progress has been made towards the achievement of the
SSR action plan. This is largely due to the government‘s UNDP/BCPR will co-organize a joint resource
ownership of and commitment to the process, both at mobilization event with the EC and the PBC in New
York after the 2010 elections.
technical and political levels.
BCPR will support the Country office in expanding
Remaining Challenges
programming efforts to increase access to justice at
 Despite efforts to mobilize resources for rule of law, community level through establishing new legal aid and
justice and security programming, the resources information centres, supporting mobile courts, and
currently available are too limited to make a bringing a system of peaceful conflict resolution closer
significant impact nationwide. Due to weak to the people.
procurement capacities in the Country office, the
construction/rehabilitation of police stations and
local courts was delayed by 6-9 months, and most
targets in this area were not achieved in 2009.

18
 CHAD 2009
Situation Analysis Regular technical advice and support
was given to the Country office on
Eastern Chad is a powder keg with the programme implementation throughout
potential to destabilize the entire 2009 and culminated in a November
country as well as neighbouring states. follow-up mission to review ongoing
The massive influx of refugees from activities, and identify opportunities for
Sudan and CAR, armed opposition to increased partnerships in Eastern Chad.
the government, and unaccountable
security forces have produced a dire Partnerships
security and humanitarian situation. Following the inter-agency mission on
IDPs, refugees from CAR and Sudan, justice and corrections in April 2008,
and host communities bear the brunt of UNDP and MINURCAT have
this burden. The national and regional developed a strong partnership on rule
conflicts have also exacerbated local The boundaries and names shown and the designations used on this
map do not imply official endorsement or acceptance by the United of law and access to justice. While
discord stemming from ethnic Nations. UNDP offers the overall programmatic
tensions and resource scarcity. The government has yet framework and funding facility, MINURCAT provides
to restore de facto control in Eastern Chad. logistical/operational support and follows up on
The justice sector is constrained by a severe lack of activities in areas where UNDP has no field presence.
institutional capacity and lack of judiciary Technical expertise is jointly provided.
independence. While government provision of justice The offices exchange information daily and cooperate
services is virtually unknown in Eastern Chad, through relevant clusters and other coordination
traditional justice mechanisms have also deteriorated mechanisms, such as the Inter-Agency Coordination
due to displacement and ruptured social cohesion. Mechanism on Rule of Law (composed of MINURCAT,
Consequently, the population has few mechanisms of UNDP, UNHCR, UNICEF, UNFPA, the EC delegation
redress. Women, who comprise a large majority of the and donor partners). UNDP has established similar
displaced, suffer gender-based violence with virtually no cooperation with UNHCR, especially on legal aid and
recourse. Impunity persists for arbitrary violence, the organization of mobile courts.
pillaging, and human rights violations.
UNDP, MINURCAT and the Chadian Bar Association
 Recovery Programme in Eastern Chad jointly established a Lawyers‘ House in Abéché and are
in the process of establishing 12 legal aid clinics to
Period 2008-2010 provide judicial assistance and legal aid throughout
Budget Total: 707,580.30 eastern Chad. This important initiative will enable
(in USD) BCPR: 707,580.30
lawyers from N‘Djamena to come on a rotational basis
Programme Objectives and Strategy to Abéché to follow up on cases pending before courts,
with specific focus on GBV and other serious human
While a broader national approach to good governance rights violations.
and the rule of law is necessary to bring about
sustainable solutions in a country of chronic poverty and UNDP‘s rule of law activities are fully integrated into
under-development, the current crisis in Eastern Chad the CAP 2010 protection strategy and UNDP is an active
has prompted UNDP to actively respond to the rule of member of the Protection Cluster led by UNHCR.
law vacuum in this region. The programme seeks to Activities
address immediate needs for physical, legal and material
protection through prevention and redress; build the  Provided logistical and technical support to the
capacity of rule of law institutions (both formal and Court of Appeals in Abéché, which began
informal); empower communities to reclaim their rights conducting criminal proceedings in rural areas
and exercise peaceful conflict resolution; and promote through the organization of mobile courts.
social cohesion and confidence between communities.  UNDP and MINURCAT signed an agreement with
Increasing basic access to justice is essential to combat the Chadian Bar Association to set up a lawyer‘s
impunity and restore confidence in state authorities. house in Abéché, establish a fund for legal
Country Office Support assistance, initiate support to legal aid NGOs, and
establish 12 legal aid clinics in Eastern Chad.
Support was provided for the drafting of the early
recovery programme document, resource mobilisation,  In order to empower civil society actors in
recruitment of staff and initiation of partnerships. protecting and defending human rights, UNDP
Programme implementation officially started in April established a network of leaders of IDP
2009. communities, and organized human rights training
sessions throughout eastern Chad.

19
 Conducted two training sessions for traditional  A participatory approach during the drafting process
leaders and military personnel on how to prevent has facilitated the ownership of the programme by
and respond to gender-based violence. the main beneficiaries, both at national and local
levels.
 As part of an effort to engage the informal justice
sector, UNDP conducted a study to map out and  Joint planning, joint programming and cost-sharing
increase understanding of the various customary among rule of law actors is the most cost-effective
justice mechanisms in Eastern Chad. and strategic form of integration and delivery.
 Fifty investigators and gendarmerie officers Next Steps
received training from UNDP on criminal
The Country office has allocated a significant amount of
proceedings and human rights.
investment into starting the programme, including the
Results and Impact establishment of field offices in Abéché and Goz Beida.
In 2009, the Abéché Court of Appeal organized the first- The establishment of partnerships with MINURCAT,
ever criminal sessions in Abéché, Alti, Mongo and Am UNHCR, local CSO; the signing of a memorandum of
Timan. These sessions were jointly supported by UNDP, understanding with the Chadian Bar Association;
MINURCAT and UNHCR. Forty cases were examined support to mobile courts in rural areas—most of this
and verdicts imposed. For the first time, lawyers and investment has been made since April 2009 and the
citizens were seen presenting and defending their cases lessons from the activities have not been fully gathered.
before a court of law in Eastern Chad.
Because of the absence of legal structures in rural areas,
The rule of law has gained remarkable visibility due to it is important that cases make it to town. Establishing
the establishment of the lawyers‘ house in Abéché. The paralegal groups and ensuring proper linkages to legal
provision of legal assistance for displaced and host aid lawyers in towns will be crucial to the overall
communities, as well as operational and technical success of the legal aid initiative. In addition, the
support to local justice institutions (e.g., district and paralegal groups will be engaging the informal justice
mobile courts) have strengthened access to justice for system, which currently handles the overwhelming
rural populations that would otherwise continue to majority of cases.
endure impunity.
For the first time during the crisis in eastern Chad, there
is an opportunity for access to justice for vulnerable
populations.
Remaining Challenges
 Criminality, particularly banditry, compromises the
effectiveness of humanitarian operations and
civilian protection. Kidnapping is a new threat to
relief workers, prompting several aid agencies to
temporarily suspend their activities. UN agencies
are obliged to travel with an armed escort provided
by the government or by UN troops.
 Poor capacity of the judicial system with regards to
infrastructure and equipment persists. UNDP has
provided equipment to the Abéché Court of Appeal
and relevant jurisdictions, but the needs are still
tremendous.
 Judges and magistrates are not deployed in all courts
and tribunals. This is also true for bailiffs and clerks.
Lessons Learned
 Rule of law programming during an ongoing crisis
must be linked to humanitarian protection in a
complementary fashion. Strengthening capacities of
judicial actors as early as possible to combat
impunity and restore trust amongst communities
must be a priority.

20
 COLOMBIA 2009
Situation Analysis strengthen local justice, truth, and
reparations mechanisms.
Despite Colombia‘s relatively stable
democracy and economic growth, Country Office Support
decades of violence between the In March, 2009, BCPR conducted a
government, guerrilla groups, and multidisciplinary mission to help
paramilitary forces have displaced design rule of law projects and
between two and four million people. coordinate with donors. The mission
Civilians have suffered provided technical support for two
disproportionately from widespread transitional justice programmes and
kidnappings, trafficking and the contributed to the design of rule of
assassination of indigenous, union, and law activities within the REDES
human rights leaders, as well as victims programme. BCPR also proposed
The boundaries and names shown and the designations used on this map
who seek justice. do not imply official endorsement or acceptance by the United Nations. ways to enhance intra-governmental
Since his election in 2002, President and donor coordination, and
Alvaro Uribe has sought to restore security through introduce new initiatives, based on lessons learned in
negotiations with illegal armed groups. The 2006 Justice other contexts. BCPR also developed terms of reference
and Peace Law offered leniency in exchange for and assisted in recruitment for programme staff
demobilization, confessions, and cooperation with the positions.
government. While violence and kidnappings have Rule of law initiatives were integrated into the broader
declined precipitously in the past several years, long Strategic Partnership Framework between BCPR and the
term solutions remain elusive. UNDP Country office. In September, 2009, BPAC
Impunity for crimes committed during the conflict approved USD 500,000 for overall rule of law support to
remains a significant barrier to reconciliation. In June the Colombia Country office. A joint donor conference
2009, the Colombian Congress did not pass the Victims planned for 2010 with UNIFEM will seek to further
Law, which conditioned compensation to victims of mobilize resources.
state violence on the perpetrator‘s conviction in court.
Partnerships
Programme As a part of a global partnership on delivering gender
REDES justice, UNDP/BCPR and UNIFEM have identified
Strengthening for the
 (Programa de
Reconciliacion
of the Justice
System
Promotion
of
Colombia as a pilot country for joint programming. In
order to expand their existing collaboration under the
y Desarrollo)
Coexistence REDES programme to other rule of law efforts, they
developed a model for coordination that will soon be
Period 2007-2010 2007-2010 2007-2010 formalized through a memorandum of understanding.
Total: Total: 5,950,000 The Country office is currently in consultations to
Budget 18,400,000 finalize an agreement with the International Centre for
(in BCPR:
Transitional Justice (ICTJ) to systematize best practices
USD) 2,000,000
and provide mutual support.
Programme Objectives and Strategy Activities
UNDP plays a central coordinating role in facilitating
 To further the Convivencia programme, UNDP
implementation of the Justice and Peace Law, which is
supported capacity development efforts in the Inter-
the backbone of the transitional justice process in
Institutional Centres in Valledupar and Medellin.
Colombia. This involves the administration of two
These institutions are responsible for the Early
basket funds for projects that strengthen national and
Warning System related to victims‘ support.
local capacity to undertake peacebuilding initiatives.
 As part of a holistic effort to enhance local support
The Strengthening of the Justice System (Justicia)
mechanisms for victims, UNDP identified and
programme addresses transitional justice mechanisms,
consulted with victims‘ rights organizations in 18
while the Programme for the Promotion of Coexistence
regions, and developed proposals to augment victim
(Convivencia) promotes peaceful coexistence through
support in five communities. UNDP also assisted in
processes of truth-telling, justice-making, and
developing the operational capacity of mobile units
reparations.
that provide holistic support for victims.
The REDES programme concentrates on supporting
 In support of efforts to build the culture of peace in
victim‘s organizations and community based initiatives
Colombia, a communication strategy was developed
to support conflict survivors. The newly-introduced rule
and other preparations made for a nationwide public
of law pillar within the REDES programme aims to
campaign about the plight and needs of victims,

21
 which will be launched in early 2010. UNDP also  Strengthening the administrative staff remains a
conducted trainings for journalists as part of the priority as these programmes develop.
campaign to build a culture of peace.
 For the Justicia programme, UNDP must determine
 Established cooperation agreements with various and mobilize the necessary financial resources to
national institutions to advance the Justicia implement proposals for protection programs and
programme, including the Ombudsman, National psychosocial assistance to victims.
Commission of Missing Persons, Legal Medicine
 Further resources for the Convivencia programme
Institute, General Procurator, and Attorney
must be mobilized to continue implementation,
General‘s Office.
particularly with respect to the Inter-Institutional
 Conducted consultations and developed a Centres to Victims‘ Attention, the network of
conceptual framework for supporting the National victims‘ organizations, and community-level
Plan of Missing Persons, with particular emphasis proposals.
on sexual violence, public defence of victims, and a
strategy to promote victim participation in the
Lessons Learned
judicial process.  The transformative impact of programmes increases
 To advance the REDES programme, UNDP dramatically when they are implemented in close
conducted an assessment of the situation of local cooperation with local stakeholders, particularly
justice institutions, and consulted with the regional government actors and NGOs.
offices of Montes de Maria and Meta on victims‘  Programmes must be designed with sufficient
rights and local gender initiatives. flexibility to accommodate proposals from local
 Conducted a range of consultations with transitional communities that become engaged after the
programme is already underway. This is critical to
justice stakeholders at the national level, including
with the Ombudsman Office, the Ministry of Justice securing local buy-in and avoiding alienating target
and the Transitional Justice Director, the national communities.
Procurator, the Attorney General‘s Office, and the Next Steps
Federation of Personeros. These consultations have
informed strategic planning for the rollout of the BCPR will conduct a review mission in 2010 to support
rule of law component of the REDES programmes, the rollout and smooth integration of the rule of law
and identified priorities for institutional capacity component into the broader REDES project.
development, gender justice, and victims‘ rights. Furthermore, the partnerships with UNIFEM and ICTJ
will be consolidated and expanded to focus on civilian
Results and Impact
victims.
Through consistently engaging with all relevant
stakeholders, UNDP has contributed to a momentum for
transitional justice. As a result, the Colombian people
and government have an unusually strong awareness of
the importance of transitional justice measures, and a
large number of actors and stakeholders are engaged.
UNDP‘s strong programmatic focus on victims, which
includes a communication strategy on victims‘ rights
and needs, has strengthened nationwide advocacy for
victims‘ rights legislation. By working with grassroots
organizations, for example through mobile victim
support units, it also reinvigorated local efforts to
strengthen victims‘ support institutions and access to
justice, particularly in most vulnerable regions.
Remaining Challenges
 Transitional justice processes have hitherto focused
primarily on demobilized people rather than victims.
A balance must be achieved that recognizes the right
of victims to participate in all processes of
transitional justice.
 Improving coordination among the different national
institutions remains a challenge due to the existence
of individual, non-harmonious interests.

22
 DEMOCRATIC REPUBLIC OF CONGO 2009
Situation Analysis la justice, as adopted in 2007, the
Feuille de route du Ministère de la
The Government of the Democratic
justice pour l‘exercice 2010, and the
Republic of Congo (DRC) faces huge STAREC (Programme de stabilisation
challenges in social and economic et de reconstruction des zones sortant
reconstruction, peace and stability des conflits armés); (b) UNDP, as set-
consolidation, extension of state forth in the Strategic Partnership
authority, and promotion of the rule of
Framework (2008-2012) between
law. State presence is limited in large
UNDP Country office and BCPR; and,
areas that have become impoverished (c) the United Nations Development
by years of neglect and armed conflict. Assistance Framework and United
A centrally inflated and inefficient Nations Integrated Strategic
public administration has resulted in Framework for Eastern DRC.
the dilapidation of public The boundaries and names shown and the designations used on this map
do not imply official endorsement or acceptance by the United Nations.
infrastructure and the near total In order to address the multi-layered
absence of social service delivery. Local and regional challenges, BCPR has provided technical and financial
armed groups, still powerful in some areas, control support to three mutually reinforcing projects: Access to
resources and systematically subject the population to Justice and Legal Protection for Women Victims of
serious human rights abuses. Sexual and gender-based Sexual and Gender-based Violence in North and South
violence continues to seriously affect the population, Kivu; Security, Empowerment and Reintegration of
with full impunity for perpetrators. According to Women in North and South Kivu; and, Community
UNIFEM, 8,000 women were victims of sexual violence Security and Social Cohesion in Ituri.
in 2009 alone. Additionally, UNDP currently works closely with the
In Eastern DRC, human security and protection remain United Nations Mission in the Congo (MONUC) and the
key priorities for displaced populations and targeted United Nations Office on Drugs and Crime (UNODC) to
communities. While military actors continue to target develop a comprehensive and multi-year joint-
civilians, law-enforcement and judiciary officials lack programme on Strengthening the Rule of Law in the
the capacity and/or incentives to guarantee and protect Democratic Republic of Congo.
human rights. Consequently, the Congolese people
Country Office Support
remain vulnerable to arbitrary violence and violations of
national and international law. The lack of basic security Support to the Country office has involved four in-
guarantees, the prevailing conflict and lawlessness, as country missions, including a joint planning mission by
well as the absence of a political settlement, pose serious UNODC and UNDP‘s Bureau for Development Policy
obstacles to any sustainable capacity-building and full- (BDP) in July, 2009. At the request of the Comité de
fledged recovery in the rule of law sector. Sexual Suivi de Réforme de la Police Nationale Congolaise,
violence has become institutionalized as a weapon of BCPR deployed two senior policing experts to assist in
war, and victims have little or no means of redress. conceptualizing a community-based policing approach
Police lack the necessary training and resources to and to provide policy advice on a possible
investigate, verify and punish sexual violence. demobilization process for police officers. Additionally,
the Global Programme deployed senior experts on
Project for judicial reform, access to justice, and corrections, to
Access to
Security, initiate the drafting process of a joint UNDP-UNDOC-
Justice for Community
Empowerment MONUC programme on Strengthening the Rule of Law
Victims of Security &
 Sexual
Violence in
&
Reintegration
Social
Cohesion in
in the Democratic Republic of Congo. Regular technical
support and policy advice has also been provided from
of Women in
North and Ituri Geneva.
North and
South Kivu
South Kivu Partnerships
Timeline 2008-2011 2009-2011 2009-2012 New partnerships have been established with MONUC,
Total: Total: Total: UNODC, Comité de Suivi de Réforme de la Police, the
Budget Ministry of Justice, the Provincial Ministries of Justice
(in USD) 4,619,992 3,700,000 4,000,000
BCPR: in North and South Kivu, the Kisangani Bar
1,500,000 Association, the Official University of Bukavu, the
Catholic University of Bukavu, the Faculty of Law of
Programme Objectives and Strategy the Free University of the Great Lakes Region, the
Support from the Global Programme is based on Faculty of Law of the University of Bunia, Synergie
priorities identified by: (a) Congolese authorities as set- pour l‘Assistance Judiciaire, Action Sociale pour la Paix
forth inter alia in the Plan d‘Actions pour la réforme de et le Développement, Dynamique des Femmes Juristes,
and Arche d‘Alliance.

23
Activities Kivu, including in Goma, Bukavu, Rutshuru,
Massisi, Nyiragongo, Walikale, Beni and Butembo.
 UNDP laid the foundation for the establishment of
five legal aid centres and paralegal groups in 2009. Results and Impact
Eight additional centres should follow in 2010.
The Access to Justice Programme enabled UNDP to
UNDP trained over 275 paralegals on sexual and
shoulder a stronger role in addressing SGBV and
gender-based violence, Congolese criminal and
combating impunity. By focusing on the demand side,
procedural law, and international human rights
UNDP provides targeted support to those who could not
standards. In addition, the specific roles and
otherwise obtain remedies for their grievances through
responsibilities of paralegals, legal aid lawyers, and
the informal or formal systems.
other service providers were discussed extensively.
Bringing to light a number of grave human rights
 As part of a comprehensive effort to counteract
abuses, the monitoring mission resulted in the
impunity for sexual violence, UNDP trained both
immediate release of more than 25 people who were
the police and investigating judges on investigation
being arbitrarily detained. Disciplinary charges
techniques—particularly with respect to sexual
subsequently ensued against a number of local
violence—and on applicable national and
government officials.
international conventions and agreements. UNDP
has also provided specialized investigation units of The UNDP/REJUSCO Rule of Law Seminar Series
the police with logistical and communication actively encouraged discussion and dialogue, prompting
equipment. participants to reflect upon their own rights and
responsibilities in the specific context of Eastern DRC.
 In an effort to ensure that all victims of sexual
This has contributed to a change of attitudes and
violence have access to justice and adequate
mindsets.
resources, UNDP has engaged in a sensitization
campaign for traditional leaders that delineates the The Great Lake University‘s Faculty of Law in Goma,
limits of their jurisdiction in cases of sexual four legal aid NGOs and 275 paralegals are now
violence. The training encourages leaders to refer equipped to provide legal aid and information to victims
cases involving sex crimes to competent government of sexual and gender-based violence through five new
authorities. In 2009, UNDP offered this training to legal aid centres. This has resulted in an expansion of
50 traditional leaders in North Kivu. access to justice in Eastern DRC, allowing women to
obtain legal representation and pursue justice.
 UNDP assisted local authorities and community
leaders in establishing early warning mechanisms Remaining Challenges
for incidents of SGBV and strengthened capacity of
 Many challenges remain in providing legal aid—
judges on matters related to sexual violence.
personal threats as well as the overall political
 A rule of law seminar series, coordinated in environment may affect cases and the willingness of
partnership with REJUSCO, brought together local lawyers to take up sensitive matters.
academia, government officials, civil society
 Insecurity in some parts of North and South Kivu
organizations and community representatives, to
impedes the implementation of the project and limits
raise awareness on rule of law and human rights
its impact in war-affected areas.
issues. This included debates on DRC‘s new ―Zero
Tolerance Policy on Sexual Violence‖ and on Next Steps
fighting sexual violence in rural areas.
The value-added of UNDP‘s engagement remains in its
 Following a call for proposals, a number of local particular focus at the community level, working both
lawyers‘ associations and human rights groups have with local governments and civil society.
been selected to form the UNDP Legal Aid Network
UNDP will explore the possibility of building
in Eastern DRC. While the project cooperation
partnerships with other donor partners and development
agreements will be signed in early 2010, a number
actors to enhance access to justice at the community
of local organisations have already received training
level.
on financial and operational management to build
local capacities and strengthen civil society, The services provided through legal aid centers will be
promoting full self-reliance and national ownership. closely monitored to ensure that they are reaching their
target groups and that adequate services are being
 UNDP organised a first monitoring mission in North
provided.
Kivu with the State Minister of Justice and the chief
civilian and military prosecutors to assess the A multi-year joint MONUC-UNODC-UNDP
functioning of the criminal justice system in towns programme document on Strengthening the Rule of Law
like Kanyabayonga, Kahina, Kirumba, Lubero, in the Democratic Republic of Congo will be finalized
Musienene, Butembo, Beni and Oïcha. during the second quarter of 2010.
 Training and awareness-raising on rule of law and
human rights took place all across North and South
24
 GUINEA-BISSAU 2009
Situation Analysis Strategic development plans are
developed to increase civilian
Chronic political instability in Guinea-
governance over the military and
Bissau culminated in 2009 in the police.
assassinations of President João
Bernardo Vieira and the Chief of the UNDP is also assisting the government
Armed Forces. Elections subsequently in its effort to adjust the security
elevated Malam Bacai Sanha to the sector‘s size and responsibilities to
Presidency, but political divisions and ensure fiscal sustainability. In order to
signs of instability persist. Armed address weaknesses in the justice
banditry and drug trafficking sector, UNDP strengthens the capacity
contribute to a climate of crisis that of judicial institutions and improves
exacerbates social conflict, economic The boundaries and names shown and the designations used on this
access to justice for vulnerable groups,
dislocation infrastructure degradation, Nations.
map do not imply official endorsement or acceptance by the United in particular women.
and violence. Despite remaining
tensions, the successful elections and macroeconomic Country Office Support
improvement provide optimism that Guinea-Bissau may Since 2008, BCPR played an instrumental role in
experience more stability in the future. Still, in order to formulating and facilitating the implementation of the
develop into a truly just and safe society, Guinea-Bissau programme. Country office capacity to manage the
must reform its justice and security sector. programme was developed by deploying four rule of law
The judicial system suffers from institutional weakness, experts. Since the inception phase, regular strategic and
an insufficient legislative framework, pervasive technical advice has been given to the Country office
corruption, and a tradition of impunity for grave crimes. through in-country missions, including a joint
Insufficient documentation of laws and judicial holdings BCPR/BDP mission undertaken in December 2009 to
causes long delays in the processing of cases. review and extend the programme‘s purview.
Dysfunction in the penitentiary system has increased the
Partnerships
rate of prolonged pre-trial detention, and has
progressively shifted responsibility for incarceration to UNDP partnered with the European Union ESPD
the military and police. Consequently, much of the mission and provided training to the civilian staff of the
public perceives the formal justice system as Ministry of Interior on strategic policy design and
inaccessible, unresponsive, and prohibitively costly. management related issues. The new UN mission in
Most people thus seek redress through informal justice Guinea-Bissau, UNIOGBIS, is one of the main partners
mechanisms, which vary significantly by ethnic group for the Rule of Law and Security project, in particular on
and location. police matters. The cooperation will be intensified in
2001, in particular with regard to capacity building for
Movement towards stability progresses slowly. The
the police.
armed forces and internal security census in 2009, as
well as the development and approval of security sector The University of Bissau partnered with UNDP and
reform and modernization, represent a good first step produced the most comprehensive study on customary
towards a more professional corps of security actors. law ever done in the country. The findings and
The demobilization of irregular armed forces, perceived recommendations of this study are currently debated in
as critical for political stability, is expected to begin in Parliament.
early 2010.
Activities

 Strengthening Justice and Security Sector

Reform in Guinea-Bissau
 A strategic development plan aimed at enhancing
institutional and human resources capacity in the
2008-2011 National Assembly was established. This plan
Period
focuses also significantly on gender policy.
Budget Total: 8,268,532  Established documentation center in the Ministry of
(in USD) BCPR: 815,000 Justice, which includes an urgently needed legal
Programme Objectives and Strategy library for Ministry staff. The library has been
furnished and equipped, and contains 200 legal
UNDP‘s comprehensive programming approach in books, thus contributing to the professionalization of
Guinea-Bissau reflects the Global Programme‘s efforts the Ministry.
to link justice and security components to a coherent set
of priority measures. To maintain momentum for  The Justice and Governance Coordination Group
security sector reform, UNDP continues its focus on was established. A comprehensive coordination
civilian oversight and respect for human rights in the matrix with all partners‘ interventions and respective
security sector. budget for justice has been established to support the
Ministry of Justice‘s planning efforts for reform. In
25
 this way, the Ministry was enabled to oversee and in the justice system. This requires enormous effort
manage its sector and to assume responsibility. from all actors in a country where high-level
assassinations have gone unaddressed, interference
 Conducted thorough assessment of the deficiencies
in judicial decision making is rampant, and prisons
in the Ministry of Justice‘s human resources
practically do not exist.
management and planning systems. Based on this
assessment, the government agreed to participate in Lessons Learned
a month-long training for 15 senior Ministry
officials, which focused on management, leadership,  All justice stakeholders must be involved in a rule of
law programme to ensure coherence and the
and budgetary skills.
balanced development of the sector. The Rule of
 A study of traditional justice and customary law was Law and Security Programme in Guinea-Bissau was
conducted among six major ethnic groups, which formulated mostly with governmental partners, and
will be instrumental to future efforts to enhance this did not involve the courts, prosecutors, or bar
system and link it to the formal judicial sector. This association from its inception. This is being
study, executed in collaboration with the Faculty of addressed with the revision of the programme that
Law and National Institute of Research and Studies, will seek to include all main judicial actors in its
is in its final stages. steering committee.
 By supporting the census of the military, UNDP  National and international coordination at both the
provided to government and the international policymaking and technical levels is critical for
community the programming basis for the defense broader-impact results in justice and security sector
reform (including pension arrangements) that is reform.
currently ongoing.
 It is vital to work simultaneously on the supply side
Results and Impact and the demand side of justice, and to focus on the
most vulnerable populations.
By strengthening administration and professionalism of
the judiciary, UNDP has been able to increase public  It is necessary to not only strengthen the technical
confidence in the institution. However, due to the capacities of national actors for implementation of
interference by the military and politicians in the reform, but also to strengthen the overall capacities
judiciary, a confidence–gap in the justice sector persists. for oversight and meaningful participation at all
This is why most people access traditional justice levels and among all actors, including civil society,
mechanisms to settle disputes. With its study on parliamentarians, and beneficiary groups.
customary law, UNDP has developed the basis for better
integration of traditional and formal justice systems. Next Steps
This represents a first step towards increased An internal review conducted in December 2009 found
accessibility and confidence in the traditional system, that there is a significant window of opportunity for
and a more responsive formal justice system, which will UNDP to make an even more substantive contribution to
benefit vulnerable and rural populations. justice and security in Guinea-Bissau. To achieve this
Due to political instability prevailing throughout 2009, end, UNDP will put stronger emphasis on ensuring that
marginalized groups have access justice, that the
little progress was made in advancing the security-
related goals of the programme. This demonstrates that engagement in capacity development is sustainable in
the reform of security sector institutions in post-conflict the long-term, and that the justice and security sectors
environments is a most sensitive endeavour and that are well-coordinated and equipped with appropriate
progress can only be made in parallel with political accountability mechanisms.
developments. In 2010, and following a division of labor with the
United Nations Peacebuilding Support Office in Guinea-
Remaining Challenges
Bissau (UNIOGBIS), a focus will be put on justice and
 UNDP programming must balance the need for security service delivery at the provincial level.
capacity development and policy support assistance.
The physical conditions of judicial institutions
remain appalling, and access to justice outside urban
areas is almost non-existent.
 It is critical to improve access to justice from both
the demand and supply sides. Currently, there are
very few regional and/or community courts, no legal
aid mechanisms, and traditional justice is the
common remedy for the majority of the population.
Awareness raising and legal education is required.
 The most critical challenge is to combat a deeply-
instilled culture of impunity and increase confidence
26
 HAITI 2009
Situation Analysis UNDP also strengthens the capacities
and infrastructure of the National
The poorest nation in the Western
Police through materials provision and
Hemisphere, Haiti has a long history of trainings aimed at increased
socioeconomic fragility, susceptibility professionalism. In 2010, UNDP will
to natural disasters, and high levels of commit significant resources to help
insecurity. Since the overthrow of Haiti recover from the January 12
President Jean-Bertrand Aristide in
earthquake.
2004, Haiti has struggled to find
political stability and has suffered a Country Office Support
series of shocks, including severe
Support has been provided to the
hurricanes, earthquakes and increasing
Country office to redesign the Rule of
food prices. The inability of the The boundaries and names shown and the designations used on this map
Law and Security programme. To this
government to respond effectively to do not imply official endorsement or acceptance by the United Nations.
end, BCPR conducted missions in
its setbacks enables armed actors to
2009 to provide substantive technical support to re-align
engage in banditry, drug trafficking and other forms of
the programme and enhance the partnership with
organized crime.
MINUSTAH.
Judicial and law enforcement structures remain
In the aftermath of the earthquake of 12 January 2010,
particularly frail. Political influence and corruption
BCPR has again deployed a Rule of Law Expert for six
undermine judicial independence and reliability. Much
weeks to support recovery efforts in the rule of law
of the rural, Creole-speaking population perceives state
sector. A major joint UNDP-MINUSTAH programme is
institutions, which operate in urban areas and in the
currently under development.
French language, as remote and inaccessible.
Consequently, they have low levels of awareness of their Partnerships
legal rights and responsibilities, as well as difficulty
MINUSTAH and UNDP made a strong commitment to
accessing legal assistance. Those who do engage the
act together in Haiti in all areas of the rule of law sector,
formal justice sector endure long delays.
maximizing human and financial resources. After the
Prison officials work in a particularly challenging earthquake, MINUSTAH and UNDP continued and
environment, characterized by over-crowded prison deepened joint UN programming and response. The
facilities and poor infrastructure. Studies also indicate Ministry of Justice and Public Security received joint
that sexual and gender-based violence is prevalent in support from MINUSTAH and UNDP to design a
both rural and urban areas, while police remain ill- recovery plan for the sector and to resume justice and
equipped to respond. Yet, Haiti is not impervious to security services in the affected areas.
change. Before the catastrophic earthquake of January
Other partnerships have been built with International
12, 2010, crime rates were trending downwards and
Legal Assistance Consortium (ILAC) to provide legal
Haiti‘s police, once a source of terror, were becoming
aid to prison inmates in nine provinces, a partnership
one of the nation‘s most trusted institutions.
now expanded to provide assistance to female victims of
gender-based violence.

Strengthening the Rule of Law and
Security in Haiti After the earthquake, new partnerships have been built
with local CSOs to provide legal advice to the displaced
Period 2007-2011
population on issues related to civil registry, inheritance
and other family issues.
Budget Total: 35,890,066
(in USD) BCPR: 3,000,000 Activities
 To increase the presence, skill, and credibility of the
Programme Objectives and Strategy National Police, UNDP renovated and equipped
UNDP‘s principal objective is to achieve greater police stations with investigation tools and
professionalism and effectiveness in Haiti‘s police and information technology.
justice systems, while enhancing respect for human  As part of an integrated strategy to improve prison
rights. To this effect, UNDP empowers rule of law efficacy and conditions, UNDP supported the
institutions to deliver quality services in a timely Department for Prison Services in building
manner, increase understanding of citizens‘ rights, institutional capacity, including a strategic plan for
promote the participation of citizens in planning and interventions in urgent prison situations, and the
implementation of justice system reform, and facilitate systems to collect, track and reference information
broader access to legal information. Within the penal on detainees. This allows the department to develop
system, UNDP seeks to reduce unwarranted pre-trial policies based on objective indicators and data.
detention, and reform prisons to improve security and
living conditions for the detainees.
27
 UNDP conducted trainings to increase the skills and However, the Ministry of Justice is not sufficiently
accountability of prison administrators, and involved in a regular monitoring of the different
delivered carefully designed and targeted trainings interventions.
to key prison personnel. Nearly 90 prison managers
 Communities do not receive the fruits of millions of
received training on managerial skills, 85 prison
dollars invested by the international community in
inspectors received training on riot response, and 62
the justice sector over the years. A more
prison authorities in three regions received training
decentralized approach to support justice and
on disciplinary regulations.
security actors in the provinces is needed.
 In an effort to strengthen trust between the state and
civil society, UNDP facilitated the Citizens‘ Forum
Lessons Learned
for the Reform of the Judiciary. More than 450  Decentralised support to the whole penal chain is a
participants, including representatives of relevant viable mechanism to strengthen justice service
government ministries and CSOs, participated. delivery.
 To enhance judicial capacity, UNDP helped to  Partnership with MINUSTAH is essential to
develop a documentation centre for judicial produce results on the ground; joint programming
resources, provided financing for a juvenile court, must be deepened.
and began to provide equipment to courts in three
 Supporting civilian capacities to manage security
pilot districts. Reports indicate that this pilot project
forces (i.e., police) is critical to sustainability and
has resulted in swifter processing of cases.
accountability. Important efforts to enhance
Results and Impact operational capacities need to be complemented
with support to civilian leadership.
UNDP interventions in capacity building of the Haitian
police have been one of the most significant Next Steps
achievements of UNDP/BCPR. Measured in both
In the aftermath of the earthquake, UNDP/BCPR
professionalism and access, the perceptions of the police
deployed its rule of law, justice and security focal point
work have improved dramatically. In 2009, 64 percent
for Haiti to the country to re-phase the joint programme
of Haitians surveyed reported that the police are more
with MINUSTAH and restore the Country office
active in their community now than when this project
capacities to take forward its implementation.
began. Such improvements in police-community
interaction are essential to restoring public confidence in The project will seek to reestablish basic justice and
the state and its institutions of justice. security service delivery capacity by providing
equipment to rule of law institutions, establishing
Due to UNDP‘s work in prison reform, the project has
temporary courthouses and rebuilding police stations
contributed to better prison conditions and prisoners‘
and prisons. Specific attention will be paid to crime
welfare through improved infrastructure and
prevention and public safety in areas particularly
administration. In addition, UNDP‘s decentralized
affected by the earthquake.
support to Haiti‘s justice system has led to a 10 percent
decrease in pre-trial detention in piloted districts. In order to ensure sustainability throughout the recovery
phase and beyond, UNDP will support the Haitian
Remaining Challenges government in developing a long-term vision for
 The biggest challenge in the aftermath of the reconstruction and development in the rule of law sector.
earthquake that struck Haiti on 12 January 2010 is to
rebuild the human and physical infrastructure of the
justice sector in Haiti. Around 80 percent of the
infrastructure and equipment of the sector, including
the main prison, was destroyed in Port-au-Prince.
The Global Programme‘s renewed activities will be
integrated into the broader reconstruction effort in
Haiti.
 Unnecessarily duplicative and contradictory
procedures within the penal chain, along with lack
of competent personnel, continue to result in lengthy
pre-trial detention. In August 2009, 76 percent of
prisoners in Haiti had not yet been convicted of any
crime.
 The weakness of coordination mechanisms can lead
to duplicative activities. Thus, actors in the area of
justice are working to improve coordination,
especially regarding the exchange of information.

28
 IRAQ 2009
Situation Analysis This final element contributes critically
to the achievement of Iraq‘s National
Iraq is still marred by a multitude of
Development Strategy and the
security and developmental challenges. Millennium Development Goals.
Iraqi women especially suffer from
violence perpetrated by militia Country Office Support
members, insurgents, Islamic
At the beginning of 2009, the country
extremists, law enforcement, and
office had a conflict prevention and
family members. While some modest
recovery advisor who worked closely
legislative reforms in Iraq‘s Kurdish
with BCPR to develop this programme.
region have improved the legal status
BCPR fielded a mission to the Iraq
of women, the national legislative
Country office to develop a programme
framework still offers little protection
for women‘s rights. Moreover, while The boundaries and names shown and the designations used on this focusing on GBV within the
map do not imply official endorsement or acceptance by the United
the Constitution guarantees gender Nations. framework of the Global Programme.
equality, other articles contradict this provision and are BCPR has provided technical support and advisory
otherwise incompatible with international human rights services throughout 2009, including additional missions
standards. to finalize the programme document and budget. At the
Reported gender-based violence in Iraq consists end of 2009, the programme document was ready to
primarily of (1) domestic violence, mostly by husbands receive funding from BCPR. A senior gender advisor
against wives, but also by fathers and brothers against was in place in the CO working closely with the conflict
daughters and sisters, (2) ―honour crimes‖ against prevention and recovery advisor in taking programme
female family members considered to have disgraced the implementation forward.
family or violated social norms, and (3) opportunistic or Partnerships
politically-motivated violence perpetrated by non-family
members or strangers. However, the actual figures are The Country office works with a number of entities and
likely much higher than reported, since many victims individuals to ensure that the programme is implemented
choose not to report crimes due to stigma, fear of successfully. These include: (i) UNAMI Human Rights
retaliation or honour killing, or low confidence in the Office, UNDP Programme on Governance in the Arab
police. Victims who have reported crime also face Region, UNICEF and UNHCR; (ii) senior staff from the
pressure to retract their reports. Many women even Family Protection Units and directorates; (iii) senior
choose suicide rather than face the wrath of their staff from the Iraqi Higher Judicial Council and the
families. Ministry of Justice (Kurdistan Regional Government).
A technical committee will be set up under the UN
 Family Protection, Justice and Security Gender Task Force to work on this programme and will
coordinate with the other relevant programmes on
Period 2009-2012 gender-based violence. The Protection Cluster
Budget Total: 4,801,097 (including UNICEF and UNHCR) has a programme
(in USD) addressing violence against women. This programme
was developed to complement their work and will work
Programme Objectives and Strategy closely with that cluster to ensure coherence and
coordination.
The Family Protection, Security and Justice in Iraq
Programme supports government efforts to ensure that Activities
survivors of violence, including domestic and gender-  Drafted plans to establish Family Protection Units,
based violence, can access refuge and support. The to which domestic violence cases are referred. These
programme addresses issues faced by survivors special units consist of police officers, medical staff
comprehensively, from their first encounter with the and social workers who are trained to respond to
justice system, to their economic well-being after the GBV. The Family Protection Units empower
case concludes. In addition to engaging state institutions, survivors with emotional, legal, medical, and trade-
UNDP collaborates with other UN and civil society based knowledge, enabling them to care for
initiatives to train various actors in providing support to themselves and their children while contributing
GBV survivors. productively to society.
The programme focuses on three major components: (1)  Preparations for the first round of police trainings
increasing access to justice for GBV survivors, were finalized, which are scheduled to begin in early
including through legislative reform; (2) improving law 2010.
enforcement‘s responsiveness to GBV and support for
GBV survivors and; (3) empowering GBV survivors  Developed activities to support women‘s shelters in
socially and economically through livelihood support. the Kurdish Region, to be implemented in 2010.
29
 Additionally, UNDP will support Iraqi NGOs in  An assessment and understanding of country context
enhancing legal aid provision in cases of family and linguistic nuances is essential to identifying
violence. entry points. For example, broadening and re-
branding the programme as a family protection,
 Multiple preparatory meetings were held with
justice and security programme rather than as a
authorities in Baghdad and Erbil, including the
GBV programme went a long way towards getting
Ministry of Justice and Ministry of the Interior, as
traction and moving forward with the Iraqi
well as with civil society. These meetings have
authorities.
ensured the political will to follow through on this
programme and share costs for certain programme Next Steps
activities.
BCPR will continue to provide technical advice to the
Results and Impact Country office and assist in mobilizing financial
resources.
UNDP has played a critical role in advancing issues that
were taboo just two years ago. Violence against women Particular support will be given to the implementation of
was rarely discussed in Iraqi society or substantively the Family Protection, Justice and Security programme
addressed by national authorities. Now, as a result of the by working closely with the conflict prevention and
preparatory work for this programme, authorities such as recovery advisor and the senior gender advisor. BCPR
the Ministry of Interior, Ministry of Human Rights, and and the Country office will jointly identify options to
Ministry of Labour and Social Affairs are collaborating support the implementation of Security Council
to find ways to protect survivors of violence. Resolutions 1820 and 1888, especially regarding data
collection to maximize redress.
Both the national authorities in Baghdad and the
Kurdistan Regional Government have shown immense Complementing existing initiatives, BCPR will assist
interest in this programme and contributed with cost- the Country office in identifying possible areas of
sharing. support in relation to border management and
community policing.
A full-fledged committee in Baghdad has been
established, to which the Kurdistan Regional
Government has contributed staff, including the head of
criminal investigations. The Ministry of Interior and the
High Judicial Council are also represented on the
committee.
These major steps forward are a consequence of the
programme development process, which considered
political delicacies and found entry points that were
acceptable to all major stakeholders, such as focusing on
family protection rather than just gender-based violence.
Remaining Challenges
 The security situation in Iraq remains a serious risk
to the implementation of Family Protection Units,
directorates and the shelters. UNDP will hold as
many of its training courses and workshops inside
Iraq as conditions permit, but any decline in security
may compel the relocation of trainings to
neighbouring countries, which would have cost
implications.
 National ownership of the programme is essential
and must be sustained throughout the life of the
programme.
 Sustainability is a key challenge. Activities must
focus on building the capacity of the ministries and
other relevant institutions.
Lessons Learned
 Persistent engagement with national and regional
authorities, especially in areas of political
importance, was critical in gaining their ownership
and their will for project implementation.

30
 KOSOVO 2009
Situation Analysis
Programme Objectives and
The political landscape of Kosovo10 is Strategy
characterized by complexity caused by
continuing uncertainty over its status. The programme Justice and Security
Over 60 UN member states have 2009-2011 (JSP) unifies six pillars
recognized Kosovo as a sovereign state, within a single strategic framework,
but no true consensus on the matter has and invests in critical new areas
emerged. Kosovo continues to make previously underserved by UNDP.
significant strides toward building stable The programme‘s overall goal is to
governance institutions and securing strengthen the rule of law in Kosovo
peace but continued economic decline, through the development of
poor infrastructure and public services, institutional and community
ethnic divisions and lack of confidence capacities to deliver security and
The boundaries and names shown and the designations used on this map

in national and international institutions do not imply official endorsement or acceptance by the United Nations. justice and to improve public and
threaten to undermine this progress. personal security. It will offer
joined-up solutions to the challenges that impede duty-
Consolidating the rule of law in Kosovo therefore bearers from effectively fulfilling their responsibilities,
remains a significant challenge. Legislation to underpin and claimants from accessing public services.
an impartial, professional and independent justice
system has been put in place, however implementation The JSP program has six pillars. The Access to Justice
remains ineffective. Poor access to justice weakens Project seeks to strengthen the rule of law through the
public confidence, aggravates perceptions of injustice development of the institutional and community
and insecurity, and undermines social cohesion. capacities to ensure access to justice for all. The
KOSSAC Project supports the Kosovo institutions and
civil society in the formulation and implementation of
 Justice and Security Programme 2009-2011
(JSP) small arms reduction and community safety initiatives,
Period 2009-2011 with special focus on gender-sensitive practices.
Budget Total: 15,940,000 The Rule of Law Project focuses on the development of
(in USD) BCPR: 3,795,420 an independent and efficient justice system that applies
human rights standards and builds and strengthens the
Currently, there is no Kosovo-led strategy for capacity of justice institutions centrally. The Support to
strengthening rights awareness and legal education that Security Sector Development Project (―3SD‖) acts as an
would augment the self-confidence of citizens to seek umbrella for UNDP assistance to the security sector,
legal redress. supporting policy formulation and promoting regional
security cooperation.
Violence against women is widespread and is
The Women‘s Safety and Security Initiative emphasizes
inadequately addressed by Kosovo institutions and
the establishment of sustainable capacities among
communities alike. Trafficking in human beings also
security and justice providers to address violence against
remains a pressing human rights and law enforcement
women and to develop durable, nationally-owned
issue. Ethnic tensions are still apparent, especially in the
monitoring and verification structures in partnership
north of Kosovo where it undermines effective
with Kosovo civil society groups.
governance and social cohesion. Kosovo‘s fragility has
regional reverberations: The impact of status Finally, enhanced institutional and community
determination could affect peace and stability elsewhere, capacities for promoting social cohesion at a local level
such as Bosnia and Herzegovina and Serbia. is a new programme pillar focusing on fostering
peaceful co-existence at district level to support active
Studies reveal that the legacy of the Kosovo conflict
engagement in the decentralization process.
continues to impact the lives of citizens on a daily basis.
Issues of personal and public security are of paramount Support to UNDP Office Kosovo
concern. Lack of adequate security sector architecture
The development of the Kosovo JSP took three weeks of
and the widespread possession of small arms aggravate
the sense of insecurity at the community level. New staff time on missions in Kosovo and daily virtual and
telephone support to the office during the development
security institutions must be empowered to develop and
implement policy as competencies are transferred from of the overall project document and the elucidation of
international entities to local actors. There is an urgent the previously non-existent Access to Justice pillar. The
need to build the capacity of the Kosovo civil service. programme took only six months to finalise from the
first mission to BPAC authorisation.

10
Hereafter referred to in the context of the United Nations Security
Council Resolution 1244 (1999).
31
Regular technical advice and support has been given to recommended to the Kosovo Judicial Council for
the office on recruitment and resource mobilisation appointment as judges and prosecutors. The second
activities as well as technical issues such as the tranche of 21 candidates was initiated in September
development of the access to justice strategy and the re- 2009. Additionally, 20 sessions of KJI Continuous
focussing of the 3SD programme. Legal Education Program in criminal and civil law
for judges and prosecutors were successfully
The strategy is to build on the sound experience of the
delivered and were complemented by three expert
UNDP Kosovo office in central-level institution
level round tables on the harmonization of civil law
building but also to ensure that the rule of law focus is
practice in Kosovo. Three training cycles for
extended to the districts of Kosovo; in particular, to
potential candidates for Bar Examination took place.
vulnerable communities. The programme united two,
previously separate, UNDP Kosovo clusters: rule of law  As part of an integrated approach to community
and peace and security. The aim is to bring together safety and small arms control UNDP drafted an
projects that were previously atomised to promote joint implementation plan for the law on weapons and for
planning and to optimise impact of the activities, e.g., the establishment for the Unit for weapons and
linking initiatives such as community safety and access ammunition. In addition community safety activities
to justice and judicial outreach. The unification of these were rolled out in over 12 areas.
pillars enhances the coherence and strategic positioning
 In strengthening multi-sectoral efforts to combat
of UNDP‘s programming in the justice and security
gender-based violence UNDP supported the draft
sectors in Kosovo, and it provides support to the
Law on Domestic Violence by providing technical
management of the UNDP office to enable them to
and advisory support to partners in Kosovo. The
position the organisation to expand their programming
process strengthened cooperation among
in these sectors in the light of the role of the OSCE and
stakeholders from civil society, Kosovo institutions
UNMIK and the mandate of the EULEX (EU Rule of
and international agencies committed to GBV
Law) mission.
prevention. In addition UNDP conducted a series of
Partnerships training workshops on GBV for 90 lawyers, judges,
ministry officials, and police officers. UNDP
In addition to working closely with national institutions strengthened the capacity of service providers to
and civil society actors, UNDP established effective respond to violence against women in five women‘s
partnerships with international actors such as the Geneva shelters across Kosovo and supported training for
Centre for the Democratic Control of Armed Forces service providers on psycho-social and educational
(DCAF), EULEX, OSCE and UNMIK. support for GBV survivors.
Activities  Supported the Ministry of Internal Affairs in
 Focused efforts on increasing legal aid provision to drafting the Kosovo Security Strategy on behalf of
vulnerable communities by partnering closely with the Kosovo Security Council. To engage the
the Kosovo Legal Aid Commission and the Kosovo minority Serb population in security sector
Chamber of Advocates. As a promising illustration development, UNDP continued to support the
of the benefits of this partnership, five district production of the successful and innovative Sve je
Bureau for Legal Aid offices were expanded. Moguce talk show.
Regional Chamber of Advocates offices are also Results and Impact
being strengthened to include systems and services
that will facilitate increased access to free legal aid, The Programme has successfully consolidated UNDP‘s
support public complaint processes, and increase support to the justice and security sectors in Kosovo and
rights awareness among citizens. enabled UNDP to demonstrate the advantage of working
with and for Kosovo institutions. Through this approach,
 Brought together 45 local and international experts
UNDP strengthened Kosovo‘s own capacity to police, to
to focus on legal empowerment, legal literacy and legislate, to adjudicate and to empower its people.
legal aid provision in Kosovo as a follow-up to the Engagement is showing that the institutions of Kosovo,
previous year‘s Kosovo-wide access to justice
civil society groups and rural communities are
forum. increasingly working together to advance justice and
 Assisted in the development of a Kosovo strategy security.
for the reduction of court backlogs, the Joint-planning efforts are strengthening community
implementation of which will be supported by the safety and women‘s security and ensuring that the
program. security sector is responsive. Strong and sustained
 In the context of the initiative to establish a modern support to activities to combat violence against women
and representative judicial profession, UNDP has ensured that the issue remains firmly on the agenda
supported the Kosovo Judicial Institute (KJI) and in Kosovo and that multi-sectoral support is being
Kosovo Judicial Council with education programs. provided to women survivors. By ensuring an influx of
The KJI Initial Legal Education Programme saw its young, quality individuals to the legal profession,
first graduation, and 30 graduates were UNDP‘s institution-building support will have a lasting
32
impact that will ultimately pervade Kosovo‘s entire rule  Intense efforts need to be made to ensure the
of law sector. This transformative activity is evidence recruitment of highly qualified staff with
that UNDP is supporting Kosovo in becoming a modern, management and strategic experience in
diverse and peaceful society. development programming for justice and security
sectors.
Remaining Challenges
Next Steps
 There is a unique opportunity to lay the foundation
for long-term stability and priority must continually Sustained support will be given to the UNDP Office in
be placed on enhancing institutional and community Kosovo in terms of technical expertise and resource
capacities for conflict transformation and mobilisation but primarily to the strategic management
peacebuilding. of the programme including a programmatic review.
 There is need for greater institutional cooperation on Furthermore, support will be provided to expand
legal aid provision, innovative methods for outreach to IDP communities and returnees to ensure
improving access to information by citizens, access to justice and security services across Kosovo,
especially vulnerable populations, about their legal, including rural areas.
human rights and legal aid system.
 The absorption capacity of the Kosovo security
sector institutions has required adaptation and
diversification of the 3SD project in particular with
regard to needs and expectation of beneficiaries.
 The capacity building of the existing judiciary
through legal education programmes remains a
continuous challenge due to the ongoing
reappointment and vetting process for judges and
prosecutors; court backlogs plague the efficient
administration of justice.
Lessons Learned
 The Legal Education Program is a demonstrable
good practice in capacity building of the justice
institutions, especially given the challenging
environment; it should be built upon for adaptation
to other environments.
 The review of grant applications from shelters for
women and the strategic planning processes showed
that plans for the long-term sustainability of shelters
are crucial. While this will be a responsibility of the
Kosovo institutions according to the Draft Law on
Domestic Violence, ongoing support will be needed.
Technical and knowledge gaps in data-collection
and analysis skills of the Agency for Gender
Equality shows that long term policy development
on women‘s security and access to justice is
challenged. WSSI will target its support to fill this
gap.
 The division of Kosovo at the Ibar River remains a
challenge for a possible small arms and light
weapons collection initiative and the lack of detailed
information with the police force, as well as with the
emergency centers, remains a challenge for
monitoring of armed violence incidents and the huge
backlash in the courts has its impact on the SALW
strategy. This has to be factored into the next year‘s
workplan with the careful targeting of activities to
overcome these problems.

33
 LIBERIA 2009
Situation Analysis development through the training of
legal professionals.
Following a destructive civil war that
commenced in 1989, a Comprehensive BCPR also administers a programme,
Peace Agreement (CPA) was reached in financed by the Peacebuilding Fund,
August 2003. The conflict was to support prosecution services. This
characterized by brutal and widespread programme contributes to the
atrocities fueled by inter-ethnic tensions establishment of a credible criminal
and a complete collapse of the rule of justice system that is capable of
law. With the subsequent departure of ensuring that criminals are fairly
then-president Charles Taylor, Liberia prosecuted, the innocent are
gained a new chance for peace and acquitted, and victims have fair and
stability. The establishment of the
The boundaries and names shown and the designations used on this effective redress though the justice
National Transitional Government of map do not imply official endorsement or acceptance by the United
system. This ultimately seeks to
Liberia facilitated the subsequent Nations.
enhance public trust and promote public safety and
holding of landmark national elections in January 2006.
justice.
Since then, the government, with the support of the
international community, has made considerable Country Office Support
progress towards achieving its immediate post-conflict In mid 2009, the Country office received funds from
agenda of enhancing peace and security. Nonetheless, PBF and BCPR for their respective projects. At that
Liberia‘s Poverty Reduction Strategy (PRS) recognizes time, however, only one full-time staff member was
that the country continues to suffer from a lack of justice available to manage project implementation. The chief
services, weak public institutions, corruption, and a lack technical advisor and the project manager were brought
of capacity to quickly remedy these deficiencies. SGBV on board in late 2009. Through three successive in-
remains a major and tragic legacy of the war. country missions, BCPR supported the Country office in
The government has expressed its resolve to address the consolidating the various projects in the justice area into
weaknesses of the state. Importantly, it has highlighted one rule of law programme, re-phasing the annual work
the importance of the rule of law in consolidating peace. plan to align with new government priorities, as well as
Effective and accountable legal and justice institutions, addressing the anticipated drawdown of UNMIL.
access to justice, and the protection of human rights are In addition, a field mission examined the Strategic Plans
not only essential for sustainable peacebuilding, but developed by the Liberia National Police, the Bureau of
underpin PRS objectives in general. Corrections and Rehabilitation (BCR) and the Bureau of
Immigration and Naturalization (BIN), and identified
Supporting the ways to present their priorities in a donor-friendly way
Strengthening the
Ministry of Justice at a partners‘ forum. A logframe was developed,
 in Improving
Prosecution
Rule of Law and
Administration of reviewed and cleared by national counterparts, country
Justice in Liberia office senior management, and top UN officials.
Services
Partner UN agencies such as UNIFEM and UNOPS
Period 2008-2010 2009-2012 were closely involved to ensure coherence and
complementarity. Additionally, in order to support
Budget Total: Total: 8,254,034 cross-bureau collaboration, BCPR provided technical
(in 1,099,106 (PBF) BCPR: 2,817,550 support for the development of an open Justice and
USD) Security Trust Fund for the Liberia National Police,
Programme Objectives and Strategy BCR and BIN. This fund will enable donors to channel
funds to these security institutions, either generally or
UNDP enhanced the effectiveness and integrity of legal earmarked for specific agencies or projects.
and judicial institutions while expanding access to
justice. Both of these efforts were engineered to increase Finally, an integrated BCPR mission provided technical
protection and promotion of human rights for Liberians support and advisory services for the development of a
under national laws. Responding to the need for greater community security programme, as well as advice on the
coordination of gender justice activities, UNDP leads gender dimensions of a UNDP study on violence.
the legal pillar of the Joint Programme on GBV. Partnerships
Developed in partnership with UNMIL and other The Deputy Special Representative of the Secretary-
international partners, the programme takes a multi- General for the Rule of Law provides overall leadership
pronged and integrated approach, targeting key rule of for the UN in this sector. UNMIL‘s Legal and Judicial
law and human rights institutions. Priorities include System Support Division provides monitoring, legal
facilitating national dialogue and fostering civic advice, and legal education and training.

34
UNICEF, UNHCR, UNOPS, UNODC, UNFPA and The partners‘ forum, in addition to meetings with the
UNIFEM are also important partners with respect to United States, Japan, India, and other donors, led to the
capacity development, infrastructure, standards, and the commitment of funds for the Justice and Security Trust
administration of justice. Fund. The fund will be established in 2010.
Activities Remaining Challenges
 As a means of restoring public confidence in the
 Liberia continues to have a volatile security
prosecution unit of the Liberian Ministry of Justice,
situation and weak national institutions that do not
UNDP held a major strategy workshop in late June
cooperate or coordinate their activities. Failing to
2009. Legal counsels, county attorneys, city
ensure effective coordination would therefore
solicitors, and other Ministry of Justice officials
severely undermine the success of this project.
worked together to delineate the way forward for
improvements in performance and service delivery,  The capacity constraints in the justice and security
developing a capacity development plan. system are significant and currently depend largely
on the UNCT for human and financial resources.
 Organized the first of a series of substantive regional
trainings for prosecutors, Liberian National Police,  As the project endeavours to contribute to state
and city solicitors in Tubmanburg, Bomi County, capacity-building, sustainability is a key challenge.
bringing together prosecutors, police officers and There is a risk that the government, already over-
city solicitors from Monsterrado, Grand Cape burdened, will not be able to mobilize the requisite
Mount, Gbarnpolu and Bomi counties. The training financial resources to maintain the established
focused on standards, the responsibility of foundations and pay the trained staff.
prosecutors and the police in the criminal justice
system, international human rights standards, Lessons Learned
policies and guidelines of Liberia and reporting.
 Slow recruitment of project staff has impeded
 Established the Office of Training and project implementation.
Development, a sub-office housed within the
Ministry of Justice, to build on these early Next Steps
developments. Training programs for county
Technical assistance will be provided to develop a
attorneys, city solicitors and prosecutors on
systematic monitoring and evaluation mechanism to
substantive and procedural law were developed and
measure progress and impact throughout programme
implemented.
implementation.
 In partnership with the government, defence
BCPR will continue to provide comprehensive support
attorneys were recruited, vetted and given legal
to the joint SGBV programme, which includes a rule of
training. Public defenders visited the Monrovia
law/justice/protection pillar.
Central Prison and took cases involving pre-trial
detentions. Encouraging progress was made, as The Justice and Security Trust Fund has been
defenders won favourable rulings for some indigent established. BCPR will provide technical support to the
clients. implementation of the trust fund, including assistance
with recruitment of the project manager and
 Conducted a series of police-prosecutor trainings
development of project proposals as requested.
that revitalized community police forums.
 Developed mechanisms to enhance efficiency in the
utilization of resources and personnel in the
Ministry of Justice.
 In order to increase the capacity of the formal justice
sector to respond to SGBV, UNDP supported the
recruitment of three new prosecutors in the sex-
crime unit of the prosecutor‘s office.
Results and Impact
Since programme implementation only started during
the second half of 2009, limited tangible results can be
reported. The community police forums made modest
progress in enhancing greater police-prosecutor
cooperation.

35
 NEPAL 2009
Situation Analysis BCPR technical support resulted in a
Since the signing of the Comprehensive new integrated programme on
Peace Agreement in 2006, Nepal has Enhancing Access to Justice Through
made significant progress towards Legal and Judicial Reform. BCPR‘s
sustainable peace and democracy. support was provided within the
Strategic Partnership Framework
Limited access to justice was both a (SPF) between Country office and
cause and consequence of the conflict, BCPR for 2009-2012.
especially in rural areas where reliance
on other informal justice providers The revision implied a strategic and
prevailed. In general, the level of geographical realignment with early
execution of judicial decisions is recovery, DDR and conflict
extremely low at approximately 10 prevention programmes.
The boundaries and names shown and the designations used on this
percent of cases. Support for creating a sound financial
map do not imply official endorsement or acceptance by the United
Nations.

The lack of an in-country coordination basis for the programme and ensuring
mechanism between international assistance providers its sustainability was one of the key tasks from the
has led in the past to both duplication and substantive outset. BCPR worked together with the Country office
gaps in rule of law assistance. The national capacity to to prepare the project proposal for allocations at the
respond to the needs of the peace process is still weak, local and HQ level. The project received USD 1.6
particularly where past abuses and outstanding million from BCPR after its endorsement by the Bureau
transitional justice issues remain unaddressed. Project Allocation Committee in September 2009. It
supported submission to the local basket Peace Trust
Enhancing Access to Enhancing Access to Fund for the amount of USD 1.3 million, the outcome of
 Justice Through
Legal and Judicial
Justice for
Consolidation of
which is still pending.

Reform Peace in Nepal Partnerships

Period 2008-2010 2009-2012 In support of the new programme design, BCPR assisted
in strengthening and broadening partnerships with a
Budget Total: 2,000,000 Total: 5,697,232
(in USD) UNDP: 1,200,000 BCPR: 1,600,000 range of government institutions including the Nepali
Supreme Court, Ministry of Law and Justice, Attorney
General‘s Office, Ministry of Peace and Reconstruction
Programme Objectives and Strategy and Ministry of Women and Family Affairs who will
shoulder responsibility for programme implementation.
The rule of law programme in Nepal is aimed at the
respect, promotion and protection of human rights, in BCPR identified Nepal as one of the countries in need of
addition to the promotion of gender equality, social strong support for gender justice programming. Thus,
inclusion, access to justice, and the rule of law. The Nepal served as one of three pilot countries for joint in-
programme seeks to improve the responsiveness and country programming within the global partnership with
accessibility of both formal and informal processes of UNIFEM and was formalized in January 2009.
the justice system. UNDP/BCPR and UNIFEM have jointly conducted a
formulation mission in March 2009, which resulted in
The establishment and replication of pilot courts and
joint assessment and development of the project
mediation systems, along with the review and
document.
amendment of laws, will contribute to wider rule of law
objectives. Key outcomes include the strengthening of In partnership with UNIFEM, a commitment was made
national capacities to carry out transitional justice by several Permanent Missions in New York to host and
processes, advancing gender justice to end impunity for support a donor conference in 2010 for joint in-country
women‘s rights abuses, extending local level access to programmes.
justice, supporting justice sector management, and
By the year‘s end, the Country office and UNIFEM have
reforming existing laws.
both developed terms of reference and advertised new
positions created through the revised programme. The
Country Office Support recruitment process is ongoing.
Since 2001, UNDP had a series of coexisting projects to Following the initial needs assessment of the justice
support justice sector reform in Nepal. BCPR‘s support sector and peacebuilding mechanisms in Nepal, BCPR
to the Country office was initiated in March 2009 to identified land disputes and access to land resources as
expand and integrate its support to the justice sector on one of the key drivers of conflict.
national and local level, and to refocus its support to
reflect the overall peacebuilding strategy.

36
In this regard, BCPR sought the assistance of Close collaboration with the government, particularly
UNDP/BDP Legal Empowerment of the Poor (LEP) the Supreme Court and Ministry of Law and Justice, has
programme for complementing its rule of law proven fruitful. The government of Nepal has allocated
programme. Working with the Country office and the Rs 35 million for mediation-related activities this year.
LEP, it developed a concept note as a basis for a
formulation mission in 2010. The LEP component Remaining Challenges
addressing the conflict-related land issues will be  Frequent strikes, called by various political and non-
integrated in the Enhancing Access to Justice political groups throughout the year, disrupt
programme. programming.
Activities  Transfer of staff, including judges and non-gazetted
staff of the courts, disrupts judicial functions and
 450 people from various districts were trained as
capacity development.
―community mediators‖ and 156 people were
trained in specialized mediation services to handle  Halts in Legislative Assembly sessions negatively
court referrals. Seven mediation centres were impact government efficiency, including its ability
established. to promulgate appropriate legal frameworks.
 Started seven new court pilot-programmes designed Lessons Learned
to improve court administration and case
 It has been useful to partner with local NGOs for the
management.
implementation of field level activities.
 Reviewed 14 sectoral laws for compliance with
 Local-level access to justice programming is most
international human rights standards.
effective if integrated with other UNDP area-based
 Trained 61 judges of various district courts in initiatives such as conflict prevention and economic
cadastral application and forensic science. recovery.
 Trained police officials from four districts on GBV,  Sustained engagement with national authorities is
gender justice and the role of psychosocial essential to build trust, ensure buy-in and political
counselling. support.
 Conducted a capacity assessment of the Judicial Next Steps
Council and Office of Attorney General.
In order to ensure implementation of the programmes,
 Supported paralegal service programmes in seven the Country office‘s existing capacity will be
districts. Seventy paralegal committees have been consolidated and the capacity of new programme staff
established in seven districts. Held 12-day training developed. Specifically, the reporting and monitoring
for 900 paralegals on gender, GBV, and mediation and evaluation capacity will be reinforced. Broadening
skills. the scope of activities, a Legal Empowerment of the
 Held several trainings on GBV, gender justice and Poor component will be designed and integrated in the
psychosocial counselling, targeting different groups programme.
such as women lawyers, police officials, judges, BCPR and the Country office will work together
government attorneys. towards ensuring that, through local and head quarter
Results and Impact resource mobilization, allocations for the programme
reach the budget targets in 2010.
The project document Enhancing Access to Justice for
Consolidation of Peace in Nepal was been signed by the With regard to the ongoing inter-agency cooperation,
government on 20 January 2010, following lengthy emphasis will be put on monitoring and adjusting
negotiations. partnership mechanisms with UNIFEM and on creating
effective links between the forthcoming interagency
As one tangible result, the legal aid desks established in initiative—led by the Rule of Law Coordination and
four districts served over 500 women survivors of Resource Group (ROLCRG)—and the Enhancing
gender-based violence in rural areas. The adjudication of Access to Justice programme.
these cases was informed by capacity building efforts of
community mediators and formal justice actors.
With only a handful of partners working on rule of law
issues in Nepal, the strengthening of UNDP in-country
capacity has refocused the attention of the international
community towards rule of law and justice and
reengaged the government through a formal
commitment and cost-sharing for this sector.

37
 OCCUPIED PALESTINIAN TERRITORY 2009
Situation Analysis Partnerships
The rule of law in the occupied UNDP has cultivated productive
Palestinian territory (oPt) has been partnerships with many Palestinian
dramatically impacted by the Israeli institutions, including the Ministry of
occupation and tensions between the Justice, the High Judicial Council, the
Fatah and Hamas political parties. Prosecutor‘s Office, the Ministry of
Destruction of physical infrastructure Planning and Administrative
in Gaza, restrictions on Palestinian Development, the Palestinian Bar
mobility, and uncompensated property Association, Birzeit University, and
demolition have undermined the EUPOL COPPS.
capacity of Palestinian institutions to Activities
deliver justice. Mobility restrictions
in particular undermine the official The designations employed and the presentation of material on this map
do not imply the expression of any opinion whatsoever on the part of the
 Conducted a mapping study
Secretariat of the United Nations concerning the legal status of any
capacity to conduct criminal delimitation o fits frontiers or boundaries.
country, territory, city or area or of its authorities or concerning the on the perceptions and contributions
investigations or observe due process. of non-state actors to access to justice.
Legislative frameworks remain incomplete and  Identified possible service gaps and collated
fragmented, which undercuts jurisdictional clarity, communities‘ perceptions of the current legal
efficient service provision, and the protection of context.
vulnerable groups, particularly women and children. The
statutory justice system also has weak links to Results and Impact
customary justice mechanisms. Access to justice suffers As a result of BCPR‘s engagement, UNDP will now
from resource insufficiency, and the concentration of significantly expand its rule of law programme with the
existing resources in Ramallah and other cities. The full support of national and international stakeholders.
Palestinian public has little confidence in its formal
justice system. The access to justice assessment was indispensable to
programme formulation, and will maximize UNDP‘s
 Supporting the Rule of Law and Access
to Justice for the Palestinian People
effectiveness and synergies with CSOs. The study also
enabled UNDP to engage and strengthen its
relationships with civil society organizations that will be
Timeline 2009-2012
vital in enhancing access to justice for Palestinians.
Budget Total Project: 14,346,711
A number of donors have made pledges under the
(in USD) BCPR: 3,000,000
recently finalized programme document.

Programme Objectives and Strategy Remaining Challenges

Since 2004, UNDP has worked on developing the  Neither the formal nor the informal justice system
infrastructure of the Palestinian Authority‘s justice adequately recognizes and implements international
system. The new programming framework extends human rights standards. Palestinian legislation
support for institutional capacity development and a neglects vulnerable groups, including women,
comprehensive access to justice strategy. This strategy children and poor workers, through discriminatory
will engage actors at all levels, including the bar laws and legislative loopholes.
association and grassroots initiatives. Efforts will be  The oPt inherited much of its legal framework from
directed towards extending the reach of free legal aid a succession of foreign regimes, including Ottoman,
services and legal awareness programmes throughout British, Jordanian, Egyptian, and Israeli laws. The
the oPt, setting up the foundation for work with civil West Bank and Gaza have distinct legal systems
society in the Gaza Strip, improving gender justice, and drawn from Jordan and Egypt, respectively. Some
exploring ways to engage with the informal justice harmonisation is necessary to reduce confusion and
systems and foster its linkages with the formal system. generate predictability.
Country Office Support  Coordination among judicial institutions remains
In 2009, BCPR conducted an in-country assessment and weak and impedes progress in reforming the justice
provided support to formulate a multiyear rule of law sector.
programme. This entailed engaging with the Palestinian  Because of the occupation and checkpoints, freedom
Authority, UN agencies and international donors to of movement is limited, hampering access to justice.
build consensus around expanded UNDP engagement in
the rule of law sector. Also, technical and financial Next Steps
support was provided, including assistance in Implementation of the programme will begin in March
mobilizing USD 6 million from the Swedish 2010.
International Development Agency (SIDA).
38
 SIERRA LEONE 2009
Situation Analysis There was little Country office
capacity for national coverage on rule
Peace remains fragile in Sierra
of law issues; the Country office
Leone, where an eleven-year civil itself was undergoing a change
war ended in 2002. The conflict management process that added to
disabled the country‘s law the operational and logistical
enforcement and judicial systems. challenges of working in a post-
Impunity for human rights violations
conflict country.
and a politicized judiciary eroded
public confidence in the BCPR assisted with critical
governments‘ ability to provide operational support and by the end of
effective governance and justice 2009 there were 15 staff members
services. Even today, the working on the Improving A2J
administration of justice is deeply Project, based in three offices:
fragmented, with approximately 70 The boundaries and names shown and the designations used on this map do
not imply official endorsement or acceptance by the United Nations.
Freetown, Bo and Makeni. In
percent of the population relying on addition to programme staff, BCPR
informal and customary legal mechanisms. The formal recruited or aligned finance, procurement, and
justice sector retains an outdated, colonial-era legal communications specialists to work on the project as
framework, and suffers from weak infrastructure and well. Hence, the joint decision to develop field offices
limited reach. When disadvantaged groups find up-country and to have operations staff dedicated to the
themselves in conflict with the law, they are often programme itself enhanced delivery of services on the
denied access to a lawyer or find their cases adjourned ground, especially in the area of procurement. BCPR
in perpetuity. Women and girls face significant risk of provided technical support and advisory services
sexual and gender-based violence, and find little throughout the year, including the recruitment of staff
recourse in the formal justice sector. In the first six members. In late 2009 a mission was undertaken to
months of 2009, women and girls reported 625 sexual review work to date and re-phase the 2010 work plan.
assault cases nationwide to Sierra Leone‘s Police. Only
four cases were prosecuted. Partnerships
Programme Objectives and Strategy The United Nations in Sierra Leone is committed to
working together ―as one‖ in support of increasing
UNDP‘s Improving Access to Justice in Sierra Leone access to justice for the population. UNDP works
Project conducts capacity development activities with closely with the UN mission in Sierra Leone (UNIPSIL).
judicial institutions to both strengthen these institutions UNICEF, UNFPA and UNIFEM are important partners
and expand their reach. Further, UNDP enhances as they are involved in a number of areas of intervention
civilian oversight of local security services—and including gender-based violence and the administration
thereby increases their effectiveness—through of justice. UNDP also has close partnerships with
community crime prevention initiatives. Lastly, as a international donors and organizations. For example, the
means of fighting impunity, UNDP supports the UK-funded British Council implemented a Justice
investigation and prosecution of sexual and gender- Sector Development Programme and is a major player in
based violence and builds the technical capacity of the rule of law arena; therefore collaboration is critical
human rights organizations to raise awareness. for the success of the project.

 Improving Access to Justice in Sierra

Leone
Activities
 Increased official capacity to respond to violence
Period 2009-2012 against women by providing investigative manuals
and training to police and prosecutors regarding
Budget Total: 10,981,300 evidence-collection in cases of gender-based
(in USD) BCPR: 2,981,500 violence, and training hundreds of court officials on
human rights and gender justice. Several judges and
Country Office Support magistrates now work exclusively on sexual and
gender-based violence cases.
Following intensive preparatory support by BCPR in
2008, including the design and development of the  Supported the development of Family Support Units
project, funds were approved by the BPAC and (FSUs) in Sierra Leone‘s police stations. The FSUs,
transferred to the Country office in early 2009. At that comprised of social workers and gender-sensitized
time, staffing was a significant constraint on project police, are mandated to investigate all offenses
implementation, with just one chief technical advisor for committed against or by women and children.
justice based in UNDP‘s office in Freetown, and two
national staff working primarily on other projects.

39
 Worked in partnership with the Sierra Leone Bar Remaining Challenges
Association to provide pro bono legal services to
140 vulnerable individuals. Of these, eight clients  There are indications that senior officers in the
were women, 15 were juveniles, and 117 were male formal justice sector, as well as traditional
adults. Many of them had been kept in ―remand authorities in the informal justice sector, often
status‖ for years without access to lawyers. At the interfere with the investigations of and decisions on
end of 2009, a total of 51 cases were discharged sexual crimes. Due to public pressure or political
with 61 accused persons released from detention. interests, high-level officers may limit the
investigation period, resulting in insufficient
Twelve cases were on remand to the High Court.
evidence to prevail at trial.
 Conducted a capacity building workshop for
women-focused community organizations on the  The capacity constraints in the justice and security
provision of effective and swift legal aid and system are severe and it depends largely on
referrals. Support was also given to the development international donors for the top-up of salaries, as
of Family Support Units in Sierra Leonean police well as infrastructure and technical assistance.
stations. These projects enhance awareness and Lessons Learned
resources for women at the community level.
 Establishing field offices is critical to reaching
 Awarded competitive grants to 15 CSOs for work on victims of SGBV in remote areas. However, this
gender-based violence, allowing them to conduct needs to be supported by a flexible mechanism, such
awareness-raising and provide transport and as an assistance fund, to facilitate small scale
accommodation to victims of GBV unable to pay for support to victims of SGBV such as transportation
their travel to access justice in local courts. assets to obtain medical certificates.
 Provided substantial financial support to monitor  In order to provide holistic support to the justice
government agencies‘ compliance with a judicial sector, police services must be trained on SGBV and
sector reform strategy. investigation techniques.
Results and Impact  Working closely with security actors allows the
In response to a high number of SGBV cases filed with linkages between justice and security to be made
clear, and allows justice matters to be seen to be as
the courts, UNDP, UNIFEM and the Ministry of Social
Welfare, Gender and Children‘s Affairs, worked important as security. This is especially true for
together to ensure that five judges and six magistrates gender-based violence issues. For example, through
will preside exclusively over SGBV cases in Freetown engagement with the District Security Committee
and other judicial districts. This will ensure that SGBV (DISEC) and Provincial Security Committee
(PROSEC) meetings, committee members including
cases are addressed by the courts in a timely manner,
government officials are now discussing issues
rather than adjourned in favor of other cases.
critical to SGBV, whereas SGBV was previously
In addition, UNDP provided reference materials on not discussed. As a result of this engagement, even
investigation techniques to the Legal and Justice Support the Resident Minister who chairs PROSEC, has
Department of the Sierra Leone Police to enhance their began to consistently talk about SGBV in his
capacity to gather and present evidence in cases speeches, especially those that relate to security.
involving SGBV. This support ensures that evidence is
gathered appropriately and can be used at trial without Next Steps
challenges to chain of custody, etc.
UNDP will develop a resource mobilisation strategy
The project continues to support the Sierra Leone Bar targeting donors at the local, regional and global level to
Association‘s legal aid services, which ensure that legal ensure sustainability of its efforts past 2010.
aid is provided to those most vulnerable at the
community level. Additional staff for the Bo office will be recruited in
order to further increase the Country office‘s provision
Field offices set up through the programme (in Bo and of services in the Eastern province.
Makeni) have been crucial in ensuring local justice
service delivery. Furthermore, they have given UNDP a
front-line position in the work to strengthen access to
justice and address SGBV. UNDP has become a valued
partner for legal actors, police and victims at the grass
roots level, and the permanent field presence helps
ensure that progress is being made.

40
 Changing the Lives of Victims of Sexual and Gender-Based Violence
in Sierra Leone

The story of Mama B and her daughter, as told by our international rule of law officer in
Makeni, Sierra Leone, best illustrates how costly it is for a woman to lose access to
justice.
―Mama B‘s daughter is 12 years old and was defiled by a neighbor. Mama B took her
daughter‘s case to the Magistrate Court, but due to lack of adequate evidence and other
technical issues, the case was dropped. Because mother and daughter lived in the same
area as the alleged perpetrator they suffered constant harassment by him, his family and
some members of the community. Mama B and her daughter were given little choice but
to move residence to avoid this situation. Upon UNDP‘s insistence, this case was
discussed at the District Security Committee, which asked the alleged perpetrator to stop
tormenting the mother and daughter. He was asked to convey a similar message to his
family and members of his community.‖
This particular intervention was possible because this case had been reported to civil
society organizations in Bombali district and to the UNDP office in Makeni. And because
UNDP has made the effort to make the protection of women and girls a security issue for
the district and provincial authorities in Sierra Leone, UNDP was able to convince the
authorities to intervene on Mama B’s behalf.

In Sierra Leone, UNDP’s Access to Justice Project gave out grants to civil society actors
to assist survivors of SGBV. Action Plus (AP) was one of those grantees.
―A 16-year-old schoolgirl, C.B. in Dambala, living with her elder sister and brother-in-
law at a house situated in the bush had been experiencing continued sexual abuse from the
56-year-old brother-in-law, JM. The victim finally reported the matter to a family member
who set a trap for the suspect so that when he next attempted to sexually abuse the 16-
year-old, he was caught.
The victim was taken to the Family Support Unit in Bo where she was issued a medical
form and taken to the hospital where she was examined and treated for chronic sexually
transmitted infections. The matter was charged to court, during which time, Action Plus‘
project officer assisted the victim as well as the wife of the accused during the court
sessions. In addition, Action Plus, along with community groups, provided counselling to
both the victim and the wife of the accused. The accused was found guilty of rape by the
High Court judge and sentenced to life imprisonment.‖

41
 SOMALIA 2009
Situation Analysis Partnerships
Somalia has been without a stable UNDP is working closely with
national government since 1991. Civil DPKO and the UN Political Office
war has destroyed the country‘s social, for Somalia and the UNCT
economic, and political infrastructure, humanitarian agencies. A close
exacerbating poverty in what was collaboration is maintained with the
already one of the poorest nations in the national authorities and CSOs,
world. The Transitional Federal including academic institutions.
Government was established in Somalia
in mid-2005, but has not yet Activities
consolidated control. Although more
stable than South Central Somalia,  Based on judicial needs-
Somaliland and Puntland have suffered The boundaries and names shown and the designations used on this map assessments conducted in prior
a deterioration in security due to do not imply official endorsement or acceptance by the United Nations. years, UNDP rehabilitated first
terrorist attacks in October 2008, and a instance and appellate courts in
sharp increase in piracy along their coastlines. The Somaliland and Puntland, supplying furniture and
reestablishment of human security is a vital condition law books as well as training for support staff. The
for overall recovery and development in this fragile project also rehabilitated prosecutor offices and
state. courthouses in Hargeisa.
The rule of law and security environment varies  As part of an integrated effort to enhance police
dramatically across Somalia. The police corps is professionalism and accountability, UNDP
comparatively well established in Somaliland, while implemented a newly-designed training program for
large militias operate with relative impunity in South 500 police recruits. These recruits have gained
Central Somalia. Judicial capacity is also inconsistent strong foundations for conducting sound police
across the country. Federal judicial institutions and work with a focus on community service. Prior to
courts remain very weak, while institutions in this programme, police recruits received no training
Somaliland and Puntland are better developed but still prior to deployment. UNDP also trained 189 Joint
under-resourced. Integrated Police Unit officers in human rights,
basic crime investigation and community policing.
 Rule of Law and Security Programme III
(ROLS)
The UN‘s ongoing focus on the Joint Integrated
Police Unit has resulted in greater police visibility
Period 2009-2011 and a renewed sense of security and normalcy for
Budget Total : 35,000,000 communities in the area.
(in USD) BCPR: 2,600,000  As part of a strategy to innovatively deploy
resources for the maximum impact on people‘s
Programme Objectives and Strategy access to justice, UNDP established four mobile
UNDP‘s overall objective in Somalia is to secure better courts to serve the Puntland region. In Somaliland,
protection under the law, and improve access to justice five mobile courts operate in the five regions,
for vulnerable groups. UNDP initiatives focus on the maximizing rural communities‘ access to justice.
development of stronger public and external  Assisted the government of Somaliland to develop a
accountability, and management and transparency strategic development plan, entitled the Ten Point
mechanisms. The programme emphasizes security sector Agenda for Justice Sector Reform.
governance and community security as central to the
overarching rule of law framework. In particular, UNDP  With the support of UNDP, the Somali Women‘s
focuses on promoting professionalism and Law Association produced a newspaper (1,000
accountability among the police. The programme also copies circulated) and radio programme addressing
promotes better access to justice in both the formal and women‘s access to justice and the rights of women
informal sectors, and the capacity of institutions to better under Islam.
protect human rights and women‘s rights. The diverse  Provided vital support that enabled Coalition for
projects mutually reinforce one another and operate in a Grassroots Women Organization lawyers to provide
cooperative fashion to advance rule of law objectives. legal representation to 129 vulnerable individuals
detained in Mogadishu Central Prison. This legal
Country Office Support clinic provided advice and representation to 60
BCPR was part of the technical assessment mission to IDPs, 52 members of minority groups and 10
Somalia in early 2009. It also conducted several women. As a result, 75 detainees obtained release
missions to strengthen the ROLS programme, obtained from prison on account of a lack of evidence.
funding for the programme, and provided ongoing
technical support and advisory services.
42
 Supported the Sexual Assault Referral Centre, Holistic efforts to reconstitute and strengthen formal
which has transformed the legal landscape for justice services, from improvements in infrastructure
women in Hargeisa. In 2009, SARC provided and case management to the provision of legal aid, have
crucial legal counsel to 130 survivors of sexual led to a doubling of the number of people using the
assault. formal state system between 2006 (1,852 cases) and
2009 (3,833 cases).
 In order to extend legal services to Somalia‘s most
marginalized populations, UNDP supported the Remaining Challenges
establishment of Women and Children‘s Desks
 Persistent insecurity limits UNDP‘s access to all
(WCD) in Somaliland‘s police stations. At the end
areas of Somalia. Monitoring the programme‘s
of 2009, two model WCDs neared completion, and
nearly 50 people, mostly women, had received achievements therefore remains a daunting task.
training to operate WCDs.  The tense political and security environment makes
it difficult to achieve both government buy-in and
Results and Impact NGO and INGO cooperation on programme
initiatives.
The Somalia Rule of Law and Security Programme
started in 2004. With strong foundations in place,
measurable achievements have been observed over the Lessons Learned
past years, despite a most volatile environment.  The ever-changing security situation means that
In 2009 alone, UNDP Somalia facilitated access to projects must be flexible and adaptable to context.
justice for over 1,700 individuals, of whom 230 were  Improvement is needed on communication between
IDPs or refugees. In Somaliland, five mobile courts field offices and the Nairobi office, including
began operating in the five regions in the fourth quarter through a more intensive use of technology (regular
of 2008 and continued their work through 2009. By the phone conferences and video conferences, for
end of 2009, the Somaliland mobile courts had heard example).
305 cases in 23 districts, and settled approximately 50
disputes at the local level through mediation and Next Steps
application of customary law.
The current ROLS programme will be further expanded
UNDP‘s focus on partnerships to advance gender justice in the coming two years, building upon past
has dramatically enhanced women‘s access to achievements and the Security Sector Assistance
comprehensive legal and support services. With Framework developed under the leadership of the SRSG
UNDP‘s support, the Sexual Assault Referral Centers, and endorsed by the International Contact Group. BCPR
Women and Children‘s Desks, and Coalition for will jointly plan with DPKO in the eventuality of a
Grassroots Women Organization together offer hope and Security Council authorized mission.
practical aid – medical, psychological, and legal – to
women and other vulnerable populations who would
otherwise remain isolated and unassisted.
Prior to 2009, Somali police recruits were rarely
provided with professional training, resulting in
abysmally poor service delivery. In response, UNDP
Somalia conducted a series of trainings for the police on
various administration-of-justice topics. Such activities
transform the police mindset to focus on providing
security and dignity to communities.
In 2009, UNDP launched a pilot case-management
reform system at Hargeisa District Court in Somaliland.
(Somaliland‘s old court filing system was ineffective at
delivering judicial services in an orderly and timely
manner.) The new system enabled the court to function
better and to enhance service delivery. Accordingly,
there has been an increase of 62 percent in the number
of cases processed between 2008 and 2009. The
introduction and application of the project‘s new case
files and forms has also enhanced the court‘s profile,
integrity and public image.

43
 SRI LANKA 2009
Situation Analysis Legal documentation in particular - in
the form of birth certificates and state
On 18 May 2009, the Sri Lankan
identification cards - offers increased
government formally announced its freedom of movement for conflict-
military victory over the Liberation affected peoples.
Tigers of Tamil Eelam (LTTE),
claiming complete territorial control In response to women and girls‘
over Sri Lanka. An estimated exposure to SGBV, the programme
200,000 people fled the fighting in delivers on a significant legal
the final weeks of the conflict. More protection component. Lastly, as a
than 300,000 people have been means of addressing prison
displaced, many of them still living overcrowding, the programme
in temporary camps in the North- provides extensive legal aid support.
Central Vavuniya District.
Country Office Support
Numerous grievances have resulted The boundaries and names shown and the designations used on this map do
not imply official endorsement or acceptance by the United Nations.
from displacement; livelihoods have The programme strengthened and
been compromised and personal security is elusive. expanded the pre-existing programme to reach conflict-
Experience has shown that displacement of large affected areas where the needs were the greatest.
populations significantly increase the likelihood of Specifically, the programme focuses on the North, the
sexual violence against women and girls. East, and the estate sector, narrowing its interventions to
those persons most conflict-affected and vulnerable.
The lack of legal awareness and access to legal services
BCPR provided technical support and advisory services
has disproportionately affected IDPs, estate workers,
to the country office, especially in the immediate
and other populations in conflict areas. Where access to
aftermath of the conflict.
the justice is available, the courts suffer significant
backlog of cases, hindering the speedy dispensation of Partnerships
trials. The backlog directly impacts the rate of release
This project is executed through the Ministry of
for those standing trial.
Constitutional Affairs and National Integration in close
Prison conditions in Sri Lanka have been identified as a cooperation with the Ministry of Justice and Law as a
matter of great concern. Overcrowding, arbitrary responsible party. It works closely with other duty
detention, few counseling opportunities, and limited bearers such as the Judiciary, the police, the corrections
access to medical facilities are all major challenges. sector, as well as human rights and other civil society
Alarmingly, women and children are housed in the same organizations working on justice issues. The project
prisons with other inmates. partners with other UN agencies (UNHCR, UNFPA)
Distrust in the police, judiciary, and other rule of law and service providers (NGOS) to maximize in-country
institutions is also very high. A lack of legal resources for delivery of specific outputs, and relies on
documentation exacerbates the gap between Sri Lanka‘s close working relationships with other UN programmes
active in targeted areas (i.e., UNDP's Transition
most vulnerable and their government, hampering
freedom of movement. Programme, and UN Joint Programmes on GBV and
Human Rights). The UNDP Regional Centre in
Bangkok and BCPR will be called upon to provide
 Equal Access to Justice technical inputs to key phases of the project and its
components.
Period 2009-2012 Activities
Budget Total : 8,271,000  Completes groundwork for a strategic review of
(in USD) BCPR: 3,012,750
legal aid provision in the country.
Programme Objectives and Strategy  Conducted training programme for 28 magistrates,
50 police chiefs, and 20 judicial medical officers on
UNDP addresses Sri Lanka‘s many and varied various GBV topics.
challenges through capacity and partnership building
efforts, and unique programming interventions such as  Promoted attitudinal change on women‘s issues
mobile clinics. Together, these interventions allow among informal justice actors through legal literacy
UNDP to expand rule of law and access to justice programmes.
coverage to areas affected by conflict. UNDP provides  Supported efforts to counsel returnees through the
practical tools and services such as legal documentation, first of several planned legal aid clinics.
legal aid, and paralegal assistance to seek justice and
address marginalization of minorities.

44
 The Legal Aid Council was supported to facilitate These programmes in turn provided legal aid services to
its expansion of services into nine new areas, 90 individuals over the course of the year.
including three IDP camps. Community police
The mobile clinics provided a key service; movement in
forums were organized in 2009, and will be rolled
Sri Lanka is restricted, especially for those with no
out in two pilot sites in early 2010.
national identity cards. By providing IDPs who have
 Provided counselling to pre-trial detainees charged fled their homes, often leaving everything behind, with
under Sri Lanka‘s Prevention of Terrorism Act and legal documentation, the clinics allowed them to have
Emergency Regulations. some freedom of movement within the communities
where they had resettled. Legal aid desks allow those
 One hundred justice actors participated in a training
who had no voice or option before to seek justice and
programme on the relationship between GBV and
redress.
human rights, and legal implications of the
Domestic Violence Act. Police officers were also Remaining Challenges
trained on proper interrogation techniques for
survivors of GBV and other evidentiary  Fear of consequences prevents people from claiming
considerations of the justice system. their rights through the formal justice system, so the
number of criminal cases which have received
Impact and Results support through the project is below expectations.
The programme had been designed to phase out the  Results of the A2J baseline assessment point to
mobile clinics that provided legal documentation to issues that rights holders consider priorities that
IDPs in 2009 and to ramp up the legal aid clinics in have not been taken into account by the programme.
marginalized communities. However, with the end of the
 Fear of consequences, and restrictions on
conflict, UNDP was asked by the government to
movement, thwart justice providers (including
prioritize documentation to the newly displaced. The
judges and lawyers) from taking on cases,
mobile clinics program was extended, even as legal aid
negatively impacting project delivery.
clinics were put in place. More than 2,000 applications
for birth, death and marriage certificates and 1,553 Lessons Learned
applications for national identity cards were received
 Close engagement with governments in most
and processed.
complex political environments can open the door
UNDP supported legal aid organizations to provide legal for UNDP support to vulnerable populations in an
assistance for inmates at the pre-trial level, reducing ongoing crisis.
severe prison overcrowding. In 2009, 701 inmates were
interviewed, 409 of whom received legal representation; Next Steps
112 received legal advice and 51 were referred to the Conduct a baseline assessment that will ensure that the
Attorney General‘s department to expedite filing of issues raised by the rights holders are adequately
indictments. Separately, 308 bail cases were also filed. addressed by the programme. Resource mobilization
International organizations have served as the primary will be undertaken to ensure sustainability and
providers of legal aid for many years, leading to over- expansion of access to justice across the east and north
dependence on these funding sources. Thus in 2009, of the country.
UNDP laid the groundwork for a strategic review of
legal aid provision in the country. Based on the resulting
recommendations, the Sri Lankan Minister of Justice
identified legal aid provision as a priority and
established a high-level steering committee to develop a
policy and action plan to reform the sector. UNDP‘s
efforts in strategic planning with the government
initiated the development of a nationally-owned and
sustainable access to justice regime in Sri Lanka.
In the eastern provinces, UNDP supported efforts to
counsel 135 recent returnees through the first of several
planned legal aid clinics. UNDP also provided support
to the Legal Aid Commission (LAC) of Sri Lanka. Due
to this support, LAC initiated legal aid desks in seven
pilot sites in conflict-affected districts.
Located in Jaffna, Vavuniya, Trincomalee, Batticaloa,
Anuradhapura, Hambantota and Nuwara Eliya, these
desks are mandated to provide legal assistance in
criminal defense cases before the magistrate courts,
where the provision of ‗assigned counsel‘ is not offered.
45
 Protecting the Rights of the Accused in Sri Lanka

―Forty-eight year old P could hardly believe her ears when a breathless
neighbor informed her of the arrest of her only son. With thousands of
questions running through her mind, she made her way at once to the
Eppawala police station where the young man was said to have been taken. At
the police station, she came to know that her son S had been arrested and
detained on a charge of theft, which the suspect vehemently and repeatedly
denied. She was not allowed to speak to him but was informed that he would
be produced before the magistrate the following day.
The mother realized that she had to act fast to prove her son‘s innocence but
didn‘t know where to seek help. Neither P nor her impoverished relatives had
the means to retain a lawyer to defend S. Upon being produced in the
Thambuttegama Magistrate court, S was remanded and an identification
parade was ordered to be held.
It was a few days later that P came to know of the newly-established legal aid
desk in Anuradhapura which rendered free legal services to defendants.
On the information gathered from the distressed mother, the legal officer of the
Anuradhapura criminal defense legal aid desk visited S who swore his
innocence and claimed that the police had falsely implicated him on personal
vendetta. The legal officer collected all the information relating to the suspect
including the B Report from the Officer-in-Charge of the Crimes Division.
When visiting the suspect in remand prison, where he was scheduled to be
presented for the identification parade, the Legal Aid Commission officer
learnt that the complainant had visited previously and seen the suspect in
prison, therefore clearly undermining the purpose of the identification parade.
Representing the suspect when he was next produced before the magistrate,
the Legal Officer objected to the identification parade. As a result, the
identification parade was cancelled and S was released.‖
In Sri Lanka, UNDP supported legal aid desks allowing Sri Lankans
to access justice and seek legal remedies.

46
 SUDAN 2009
Situation Analysis It seeks to strengthen the capacity and
competence of law enforcement and
Since the signature of the justice institutions to provide
Comprehensive Peace Agreement in sustainable protection and human
January 2005, considerable progress security in transition from a crisis to a
has been made in the devolution of post-CPA environment. The rule of law
power from the central/national level programme also empowers law
to the state and local levels. The enforcement, judicial officials,
adoption of the Interim National traditional leaders and civil society to
Constitution, the Interim Constitution protect and promote human rights,
of Southern Sudan and the state including women‘s rights, and provide
constitutions in the South represent access to justice for communities,
significant milestones. Yet, major displaced persons and returnees.
obstacles regarding the promotion of The boundaries and names shown and the designations used on this map
do not imply official endorsement or acceptance by the United Nations.
rule of law in Sudan still prevail. Country Office Support
While the Government of National Unity (GoNU) Launched in 2004, the Rule of Law Programme in
justice sector institutions have solid infrastructure and Sudan has become one of UNDP‘s flagship programmes
equipment at the central level in Khartoum, the rest of in the area of rule of law, justice and security. Since
the country faces significant challenges, lacking basic 2008, support from the Global Rule of Law Programme
rule of law capacity and infrastructure to deliver justice has mainly been directed to Southern Sudan,
services. While ongoing efforts to create credible and complementing ongoing efforts in other parts of the
accountable governance and rule of law institutions are country. Several joint technical needs assessment
advancing, the overall security situation in the South is missions were conducted in 2008 and 2009 to review
deteriorating. This is manifested in inter-tribal conflicts, ongoing programming in the rule of law sector, with
nascent justice and security institutions, deep-rooted specific focus on Jonglei State, where major inter-tribal
military legacy, circulation of small arms and easy conflicts emerged during this period. This led to
access to weapons across the territory, all exacerbated initiating a Joint Justice Programme to support United
by a lack of effective civilian law-enforcement and Nations Stabilization Plan.
access to justice.
Partnerships
In many parts of the country, such as Darfur, Eastern
UNDP Sudan works under a Strategic Partnership
Sudan and Abyei, physical and legal protection,
Framework (SPF) with the Government of National
including due process, remains inaccessible to the large
Unity, the Government of South Sudan, the Government
majority. The lack of dissemination of existing laws and
of the Netherlands, the United Kingdom‘s DFID,
the high level of illiteracy impede efforts to establish a
Denmark‘s DANIDA, and Sweden‘s SIDA. Strong
functional statutory system and/or empower the pre-
partnerships have also been built with UNAMID,
dominant customary system. As law-enforcement and
UNMIS, UNFPA, UNIFEM, UNHCR, as well as a wide
judicial officials, as well as traditional leaders, have very
range of Sudanese non-governmental organizations.
limited capacity to guarantee and protect human rights,
the population remains vulnerable to arbitrary and Activities
targeted violence.
Given the size of the programme and the one country-
Rule of Law Rule of Law
two systems constellation, only a few examples to
 Programme in
North Sudan
Programme in South
Sudan
illustrate the type of activities are mentioned below:
 Assisted the South Sudanese judiciary in strategic
planning to improve the judiciary‘s institutional and
Timeline 2004-2009 2004-2009
human resources capacity.
Budget Total: 55,000,000 Total: 60,000,000
(in USD)  In order to enhance the quality and professionalism
of legal services, a training and certification
Programme Objectives and Strategy programme was conducted for lawyers on common
law and the Sudanese Bill of Rights.
The UNDP Rule of Law Programme in Sudan is aligned
with the national policy objectives and development  Similarly, a series of trainings on the Sudanese Bill
priorities articulated in the Comprehensive Peace of Rights and international standards on human
Agreement (CPA); the Interim National Constitution rights were conducted in Darfur, Eastern Sudan,
(INC); the Interim Constitution for Southern Sudan South Kordofan, Blue Nile State, Abyei and
(ICSS); the Darfur Peace Agreement (DPA); and the throughout Southern Sudan, to raise legal awareness
Eastern Sudan Peace Agreement (ESPA). at community level.

47
 In partnership with UNMIS and the Ministry of Lessons Learned
Justice Legal Aid Department, UNDP supported
development of draft legal aid legislation, which is  The Sudan Rule of Law Programme yielded a
intended to institutionalize the paralegal profession, number of lessons learned and shaped the Global
seek government contribution to legal aid services Rule of Law Programme approach. It is documented
and provide a policy framework to sustain UNDP‘s in detail in a comprehensive Lessons Learned Study,
programme activities beyond project life. published by UNDP and available first quarter of
Consultations have been held at the national level 2010.
with the three key partners, at the Donor Working Remaining Challenges
Group on Governance, and is ongoing with
paralegals and the legal profession at state level.  Projects are hindered by ongoing insecurity, which
Tabling of legislation at the national assembly is restricts mobility, and the harassment of lawyers and
expected within one year. community workers. Because certain legal aid cases
have been deemed ―political‖ by Sudanese federal
 Police headquarters and training centers were authorities, legal professionals working on these
constructed in Bor and Kwajok. cases have encountered threats.
 Paralegals received training in mediation, conflict  Violence and insecurity continues in Darfur, albeit
transformation, and peacebuilding, in order to at a lower intensity. While number of deaths and
improve the accessibility and quality of formal legal new displacement has decreased there are still 2.7
services. million IDPs in camps across Darfur. SGBV in and
 Expanded access to formal justice institutions in around the camps remains at alarming levels, which
Darfur by providing training and support to 190 IDP necessitates to further scale-up programme support
paralegals who work in the camps. These paralegals and work towards a sustainable response by
conducted 1,200 mediations for camp residents. Sudanese judicial and law enforcement institutions.

 To expedite the processing of cases in the formal  Tribal violence with political undertones continues
justice system, UNDP provided training in to destabilize Southern Sudan. In 2009, more than
information technology and case management to 2,500 people were killed in cattle raiding and
judges and court administrators. revenge attacks and approximately 369,000 were
displaced, mainly in Jonglei State. The resulting
 Conducted a joint UNDP-UNMIS rule of law insecurity jeopardizes programme activities in this
assessment in Jonglei State. region.
Impact and Results  The capacity of the Government of Southern Sudan
The Rule of Law Programme underwent a (GOSS), established after the CPA, remains weak,
comprehensive independent outcome evaluation in late especially at state and local levels. Government
2008. The evaluation report noted that UNDP had finances are 98 percent dependant on oil revenues,
incrementally advanced the outcome: ―Human rights which has led to a fiscal crisis due to the fall in oil
upheld and protected in accordance with international prices and the global financial crisis. This has
and national laws through accountable and equitable undermined public investments in the rule of law
justice and rule of law institutions.‖ sector.

The evaluation noted significant advancement had been Next Steps

made with regard to legal information, human rights  Completion and roll-out of the UNDP/DPKO
awareness raising and advocacy for IDPs and vulnerable Jonglei Justice Programme in first half of 2010.
groups. The evaluation encouraged UNDP to seek a
better balance between the supply and demand sides of  BCPR technical support mission to Darfur following
its programming agenda. the 2010 elections.

It was perceived that UNDP could further advance the

outcome providing Sudan‘s citizens and rule of law
institutions not only with information about rights, but
also detailed information about remedies available
within Sudanese domestic law, procedures and the
mechanisms for citizens to avail themselves of the
justice system.‖
The recommendations provided in the outcome
evaluation have been carefully addressed by the Country
office in its new 2009-2012 Governance and Rule of
Law Programme, with increased focus on supporting
rule of law institutions at the state level.

48
 TIMOR-LESTE 2009
Situation Analysis Programme Objectives and
After centuries of colonial rule and Strategy
foreign occupation, the Democratic In 2008, the Justice Programme was
Republic of Timor-Leste won its substantially revised to more
independence after a brutal civil war effectively respond to the needs of
in 2002. An accounting in the the post-crisis context.
aftermath of that war revealed that 75
percent of the country‘s UNDP now provides comprehensive
support to the Timorese justice
infrastructure was destroyed, 50
sector. As the justice sector suffers a
percent of the population was
displaced and few judicial and law- severe shortage of qualified
enforcement professionals remained personnel, a key element of the
in Timor-Leste after the withdrawal The boundaries and names shown and the designations used on this map do programme is to build up and
of Indonesia. Despite these not imply official endorsement or acceptance by the United Nations. strengthen the capacity of national
challenges, and with the support of the international institutions responsible for the
community, the country has made considerable progress administration of justice. The programme also improves
in building an independent and functioning state. access to justice by strengthening the provision of legal
However, fundamental political, institutional and socio- aid and decentralizing the justice sector at district level.
Populations in rural areas have increasing access to
economic challenges persist. These gave rise to violent
courts and legal representatives. Through this package
clashes in 2006 between factions of the Defense Forces
of Timor-Leste (F-FDTL), the National Police (PNTL), of measures, UNDP Timor-Leste addresses the
confidence gap between citizens and its justice
and armed civilians. Fighting between the police and the
army led to a disintegration of the rule of law, the death institutions. While the Justice Programme already
of 40 people, massive displacement of people and large- delivers tangible results, the Security Sector Review
scale destruction of property and infrastructure. While Programme aims at laying the foundation for a
substantial reform process of the Timorese security
Timor-Leste has regained stability, several key structural
challenges remain. sector. By providing an objective assessment of this
sensitive field, the project‘s goal is to define technical
Enhancing the assistance and capacity development needs for security
Democratic Rule of sector reform (SSR).
Security Sector
 Law through
Strengthening the
Review in Timor-
Leste
Country Office Support
Justice System in
BCPR was instrumental in developing the Justice
Timor- Leste
Programme by conducting a joint assessment and
Period 2008-2013 2008-2009 programme formulation mission with the Regional
Center. It supported the development of the programme
Budget Total: 34,225,000 Total: 1,164,067
and provided seed funding, which later facilitated or
(in USD) BCPR: 3,000,000 BCPR: 200.000
complemented support received from the governments
The events of 2006 demonstrated that Timor-Leste‘s of Australia, Brazil, Ireland, Norway, Portugal, Spain,
security forces are a challenge to sustainable peace and and Sweden. Along with the financial volume of the
development. Despite progress, important questions Justice Programme, the human resource capacity of the
such as the delineation of roles between army and police Country office increased significantly to a total of 37
are not yet answered. Civilian oversight remains weak. staff. The security programme, in turn, complemented
While the United Nations Police has handed back the BCPR efforts in the recruitment of project staff. Both
responsibility for day-to-day policing to the National programmes received continuous technical support
Police in several districts in 2009, the PNTL‘s capacity through missions or by telephone on technical questions
and integrity still need to be improved. and overall strategic vision of the projects.
The justice sector also faces capacity deficits, Partnerships
characterized by a lack of trained legal professionals. Since 2006, the United Nations Integrated Mission in
Further, legal texts are written largely in Portuguese, a Timor-Leste (UNMIT) has operated in the country.
language spoken by approximately five percent of the Ensuring a coordinated approach to justice sector
population. Consequently, few communities have access reform, UNDP is closely cooperating with UNMIT‘s
to the formal justice system. Although the government Administration of Justice Support Unit.
has expressed commitment to strengthen the justice
institutions and the legal framework, public confidence Also, UNDP and UNMIT‘s Security Sector Support
in the system remains low due in part to inefficiencies Unit have developed a close partnership, working as an
and perceptions of favouritism. integrated team on the review of the Timorese security
sector.

49
Activities
 In the framework of its capacity-building activities, Conditions in prisons have significantly improved
the Legal Training Center received support in through initiatives to enhance security, reintroduce
training magistrates, public defenders, private vocational work (e.g., computer training, Portuguese and
lawyers, notaries, translators, police, senior prison English classes, and laundry work for prisoners), and
managers, prison guards and the Ministry of medical support.
Justice‘s legal drafters and advisors to either While SSR in Timor-Leste continues to be a slow
improve their knowledge and performance or process with a limited base of national ownership, the
specialize them for work in the judicial sector. Security Sector Review has produced some positive
 Financed four international prosecutors and four effects such as creating opportunities for dialogue on
international prosecutor clerks who provide security sector governance between the government,
operational support and guidance to their Timorese parliament, the opposition and other national
counterparts in order to improve the skills of the stakeholders and has helped bring about new legislation
national prosecutors. governing the security sector.
 Connecting the formal justice system and customary Remaining Challenges
legal practices and codes remains a challenge in
 Human resource constraints within justice
Timor-Leste. This is why UNDP supported
institutions have hindered an effective
consultations between the government and civil
decentralization process of the formal justice
society which provided valuable insights for the
system. Improved access to justice, especially in the
drafting process of a law on customary legal
district courts and for vulnerable groups, is an
practices.
important vehicle to improving public confidence in
 With a view to improving access to justice for poor the justice system.
and vulnerable groups and to advancing
 Despite initiating some progress, the Security Sector
decentralization of the justice system, UNDP
Review needs to be further developed into a tool for
established a mobile court system to hear cases in 10
reforming the Timorese security institutions. In
districts.
order to achieve this goal, stronger buy-in by the
 Supported a radio programme—Radio Program government and additional support from other
Futuru Nabilan—to raise awareness about the roles stakeholders for the review and the reform of the
of the Public Defender‘s Office, the Prosecution security sector needs to be attained.
Services and the Courts.
Lessons Learned
Impact and Results
 With legal texts and court proceedings written
In a country still in the process of building state predominantly in a language spoken by a minority
institutions, the Justice Programme makes a long-term of the Timorese, language barriers present
contribution to developing a self-sustainable Timorese significant access to justice obstacles and
judiciary. UNDP has increased its support to the Legal administration of justice bottlenecks. Consequently,
Training Center (LTC); in 2009, ten new justice special emphasis must be put on improving
professionals graduated from its programme, further language skills of the actors in the justice sector and
strengthening rule of law institutions. In a country with on making legal documents accessible to the whole
an illiteracy rate of 50 percent and with only few legal population.
documents available in Tetum—one of the two official
 Both the review and the reform of the security sector
languages spoken by the great majority of Timorese—
and an ensuing reform can only be successful if
pro bono legal advice and representation offered by the
national ownership is ensured through active
public defender are often the only ways to seek justice.
engagement and dialogue with national counterparts.
With UNDP support, four additional public defenders
were appointed in 2009 alone, bringing the total number Next Steps
to 14.
The Justice Programme will continue to provide
Importantly, through its constructive engagement with comprehensive support to the justice sector and
the government, UNDP, together with bilateral reinforce its efforts at training private lawyers, an
development partners, has supported the Timorese essential element for a functioning justice system. Also,
authorities in initiating a national strategic plan for the the Security Sector Review process will be advanced,
Justice Sector. The plan, now adopted by the Council of paying particular attention to national ownership.
Coordination, will serve as the guiding coordination
Additionally, entry points will be identified in the course
mechanism for governments and donor efforts in this
of 2010 to further strengthen the Justice Programme, in
sector.
line with UNMIT‘s broader strategy for the coming
years.

50
 ‘Justice on Wheels’: Mobile Courts in Timor-Leste

―One hundred and twenty kilometers: that is the distance of the Baucau District Court
from the village of Laclubar, located in central Timor-Leste. At seven o‘clock on a
Saturday morning, two judges, along with a prosecution representative, and a lawyer,
clambered out of their car to deliver what Timorese rural people crave at least as much as
jobs, clean water and schools—justice.
―Timor-Leste's judiciary faces the challenge of providing justice for the poor and the
disadvantaged,‖ said Judge Edite Palmira. ―When decisions take 3 to 5 years, it destroys
people‘s faith in the formal legal system, and we, as magistrates, cannot allow this to
happen.‖ And so the ‗mobile court‘ initiative was launched, with the purpose of taking
justice to the people at their doorsteps.
For Timorese people living in rural areas and who have suffered injuries, were robbed or
sexually assaulted, taking someone to court is dream far from becoming true. It is
expensive to afford the bus fare to the nearest town where the courts are located or even
yet to hire a lawyer.
When the magistrates arrived, the population was intrigued by the judge's attire and the
number of United Nations Police accompanying them. During the court's session, a sexual
assault case was due to be resolved. In this particular case, the magistrates traveled to
Laclubar because the victim had mental problems and was eight months pregnant as a
result of the sexual abuse and could not travel. She was heard in a private session and
explained how the crime took place. In the subsequent public hearing, within minutes, the
room was full, as agitated witnesses leaned over their desk to explain the case.
The representative of the Public Ministry congratulated the initiative and stated: ―It is with
grand actions such as this one we are witnessing today that our role of bringing justice
closer to the people is achieved. I certainly hope we can continue with this activity
whenever is necessary to accelerate the process of providing fair and quick justice to the
people of Timor-Leste‖.
After two hours in Laclubar, Judge Edite declared the session ended. The suspect was
notified to present himself at the court in two weeks to hear the court‘s decision.‖
In Timor-Leste, UNDP and the Council of Coordination of the Justice Sector have been
working closely through the Justice System Programme to develop the national capacity
of the courts, the prosecution and the Ministry of Justice through the public defender's
office, prison services and the Legal Training Centre.

51
 UGANDA 2009
Situation Analysis Programme Objectives and
Conflict and violence have plagued Strategy
Uganda since independence due to a With the objective of strengthening the
cycle of coups and internal conflicts. rule of law and empowering women in
The conflict in Acholiland and the Uganda, a comprehensive national
activities of the Lord‘s Resistance programming framework has been
Army, which lasted more than 20 developed by UNDP and UNIFEM.
years, have led to thousands of people The programme emphasizes
returning after years in IDP camps. strengthening security and access to
They must now re-establish justice in northern Uganda as a
themselves in a situation of economic complement to existing UNDP-led
and political uncertainty. initiatives in the area. The framework
The boundaries and names shown and the designations used on this
In northeastern Uganda, extremely low Nations.
map do not imply official endorsement or acceptance by the United also focuses on the development and
human development indicators prevail implementation of a gender strategy
in the Karamoja region. Government and justice services within national planning and policy in
are skeletal, under-resourced, and distrusted by the the justice, law and order sector (JLOS), with the goal of
Karamojong. Service delivery is poor to non-existent, ensuring that the sector is responsive to the security and
especially in the justice sector. Security, including basic justice needs of women. This key contribution to the
policing functions, has until recently been led by the JLOS emerged from a gap analysis of support in a
armed forces (UPDF), with negative consequences for crowded institutional and donor environment.
the rule of law and human rights. Combined with In order to ensure that both the demand and supply side
persistent drought and land erosion, these factors have of the JLOS are strengthened at the community level,
made Karamojong communities dependent on food aid, the programme foresees support to the Ministry of Local
despite their nomadic pastoralist tradition. Government and Local Councils Court, reaching down
These conditions, along with porous borders and to the smallest unit of the administrative structures. This
conflicts in neighbouring lands, have led to the will be balanced by a focus on legal aid and services that
proliferation of small arms throughout Karamoja. Cattle- address land issues, gender justice, and returnees, as
raiding, a practice which has taken root between herding well as support to local police units dealing with GBV.
communities, has intensified into violent crime against The programme seeks greater protection of rights, and
all segments of the community, including women and access to justice, for returnees and other vulnerable
children. Insecurity rendered the area inaccessible to populations. These will be achieved by capitalizing on
humanitarian groups until early 2009. complementarities with other UN, government and
donor-led programmes under the auspices of the Peace
Strengthening Building Sustainable and Recovery Development Plan.
Recovery, Peace in Karamoja: The Programme document ―Building Sustainable Peace
Reconciliation, Strengthening in Karamoja‖ has been developed with UNIFEM and
 Peace Building
and
Capacities for
Community Security,
UNCDF, and aims to improve the capacity for peace,
good governance, community security and justice
development in Rule of Law and
Northern Economic Recovery service provision in Karamoja. It seeks to support local
Uganda government structures in coordinating aid, promoting
peace, economic development, small arms control and
Timeline 2009-2012 2007-2009
the rule of law. The programme will also seek to engage
2010-2012
Budget Total: 4,273,000 Total: 10,854,106
traditional leaders in these processes, in order to
(in USD) promote confidence-building and culturally appropriate
solutions.
In both Karamoja and Acholi, survivors of gender-based
violence have no recourse, due to cultural stigma and the Country Office Support
lack of adequate security and justice responses. The programme builds on the crisis prevention and
Women‘s physical security remains a major challenge in recovery activities of UNDP in the north. In Karamoja,
Acholi, requiring outreach from justice, security and UNDP activities act as a lever for bringing in other UN
legal aid services in remote areas. Transitional justice agencies (and their funding envelopes) hitherto not
processes must include women‘s voices in order to active there. The programme bolsters area-based
provide remedies to all segments of society. programming in the northern areas of return, which are
also supported financially and technically by
UNDP/BCPR. These pre-existing projects provide solid
entry points for working with partners at the local level.

52
Importantly, the programme capitalizes on a previous  Building on previous experiences, Karamoja
UNCDF capacity building and support programme to demands a sustained focus on a small number of
the Ministry of Local Government and the Local priorities. Poverty levels are so high that rule of law
Councils Courts, and connects with new initiatives by initiatives should be combined with projects to
the Dutch to strengthen them through an improve livelihood opportunities. Developing trust
institutionalized training programme. This programme with Karamojong communities will involve long-
positions UNDP in the JLOS. term efforts, as will engaging women‘s and youth
groups.
Programme development was initiated in-country as part
of an integrated BCPR, UNIFEM and UNCDF team. Next Steps
BCPR has since provided continual technical support in
project drafting and review of all UNDP Uganda‘s BCPR‘s support in 2010 will be targeted at finalizing the
planning tools. Additionally, the programming is programme document and assisting the Country office in
embedded in the CPAP and in the UNDP-BCPR Uganda strengthening its field presence to ensure smooth
Strategic Partnership framework, and management implementation of the programme.
arrangements should be finalized in the first half of
2010, followed quickly by financial disbursements.
UNIFEM and UNCDF contributions will augment this
project. The programme should be completed during the
first quarter of 2010.
Partnerships
The programmes will be jointly undertaken by
UNIFEM, UNCDF and OHCHR, and implemented in
close coordination with all stakeholders in the JLOS
sector. These coordinated efforts will enable the
programme to widen its geographical coverage.
Remaining Challenges
 The high expectations of local government
counterparts in the recovery process, and weak local
government capacity in the north, are mismatched
and require careful management. In the former
conflict zones, local administrations and services are
only very slowly re-establishing, and are weak in
human and material capacity. In Karamoja, local
governance inspires little confidence from the
Karamojong, a fact that is exacerbated by their
under-representation in public and civil services.
 Security issues in Karamoja undermine peace and
development initiatives, and restrict the operational
environment. This increases costs and reduces the
geographic scope of the project. The remoteness of
some districts, combined with a lack of
infrastructure (e.g., fuel supplies, banks), affects
planning and implementation.
Lessons Learned
 These programmes will build on existing
relationships, but engagement at the Kampala level
to influence strategy and policy in the JLOS will be
essential for success. UNDP will need to champion
justice and security issues as an essential component
of recovery.

53
 OTHER COUNTRIES
Comoros
Political and institutional instability have plagued the The Justice and Security Project began a comprehensive
Comoros for decades. In 2008, separatist tensions assessment of the Guinean security sector in early 2010.
culminated in violent confrontations, prompting the In order to maximize the impact of this assessment,
international community, particularly the African Union UNDP is conducting it jointly with DPKO, UNOWA,
(AU) to engage in re-establishing peace and security in and the Economic Community of West African States
the archipelago. The government‘s AU-backed military (ECOWAS). This is the first time that the UN and
intervention on a breakaway island, in addition to ECOWAS have collaborated to advance security sector
presidential elections, restored relative stability. reform. The Country office will receive continuous
However, mistrust persists between separatists and the technical advice as it implements the Justice and
central government, along with the sense of insecurity Security Project.
and fear, presenting challenges for the peacebuilding Kenya
process. In light of these developments, the Comoros
have become eligible to receive support from the United Although the election crisis of 2007-2008 abated with
Nations Peacebuilding Fund (PBF). the mediation of the international community and the
establishment of a government of national unity, the
The reform and modernization of the security sector was underlying political and social tensions remain. Because
identified as a priority for successful peacebuilding. Due the rule of law is a prerequisite for long-term stability,
to its SSR experience in similar post-conflict settings, UNDP decided, after a comprehensive assessment, to
UNDP/BCPR was requested to assist in developing an add a rule of law component to the existing conflict
SSR project for the Comoros. Through a bureau-wide prevention and recovery programme.
mission in 2009, BCPR enabled the Country office to
finalize the design and begin implementing the PBF Public confidence in Kenyan rule of law institutions has
project, which has a total budget of over USD 3 million. suffered from the crisis, and from the reputation of
This cooperation further strengthened the linkages police for violating human rights. Police regularly beat
between the PBF as a financing instrument and UNDP suspects and rape women in their custody. Traditional
as an action and results-oriented implementation agency legal systems, the primary means of recourse in rural
of rule of law, justice and security programmes in the areas, also tend to disadvantage women and children.
context of peacebuilding processes. In May, 2009, Parliament passed legislation establishing
Guinea a Truth, Justice and Reconciliation Commission. The
Country office has been heavily involved in defining the
A deteriorating political and security situation has parameters of the commission, which will have the
rendered Guinea a fragile state. Despite the newly- power to prosecute gross human rights violations
convened government of national unity, and elections committed since Kenya‘s independence.
scheduled for 2010, the situation remains highly volatile
because the fundamental causes of insecurity and BCPR was requested to provide technical support to
injustice remain unresolved. Guinea‘s disorganized, Kenya‘s Truth and Reconciliation Commission, as a
fragmented and unaccountable security institutions central component of the rule of law programme. Other
jeopardize the safety of citizens. This was illustrated on potential entry points include (1) support for police
28 September 2009, when security forces attacked reform, (2) follow-up on justice sector reform, and (3)
peaceful demonstrators, killing 150 people, and leading access to justice at the local level. This would
to the sexual assault of over 100 women. Threats from complement efforts underway by the conflict prevention
the security sector are exacerbated by a justice system and armed violence reduction programmes. BCPR will
rife with dysfunction and political influence. undertake a joint mission with OHCHR and UNOCD in
2010 to formulate the programme.
In order to rapidly assist victims of the 28 September
2009 massacre, UNDP deployed a rule of law and GBV Pacific Islands
expert to Guinea. After a swift recruitment process, the Unnoticed by most international media, the inhabitants
expert began her work at the beginning of 2010. She is of the South Pacific region face a multitude of threats to
also tasked with supporting victims of GBV in seeking their human security, resulting from political instability,
justice, and developing a systematic response to the lawlessness and underdevelopment. In 2009, BCPR
overall problems of insecurity and impunity in Guinea. provided specific and targeted support at both the
To this end, BCPR provided technical advice to the regional and national levels to enhance peace- and
Country office in establishing a justice and security statebuilding efforts.
project for 2010, financed by the UN Peacebuilding
Fund.

54
(i) Regional Security Sector Governance Initiative BCPR deployed an experienced express roster
consultant to conduct baseline and develop a full-
The five Pacific countries of Fiji, Papua New Guinea,
fledged programme document. This has also enabled
the Solomon Islands, Tonga and Vanuatu are confronted
UNDP to lead the Post-Conflict Needs Assessment
with difficult security sector challenges. Unaccountable
(PCNA) cluster on rule of law (and governance). Given
security institutions pose a permanent threat to
the security situation and access constraints, the
democratic governance (exemplified by the military
programme will rely heavily on local NGO execution.
coup in Fiji). Public insecurity and widespread GBV
significantly impede human security and development in Although not a Global Programme priority country,
the region. Pakistan‘s fragile situation and regional significance in
relation to Afghanistan warrants rolling technical
BCPR provided technical advice for a needs assessment
support in 2010 and beyond.
of regional security governance, which was conducted in
cooperation with the Centre for Democratic Control of
the Armed Forces. Subsequently, a ministerial-level
regional conference on security sector governance
convened in April-May 2009. BCPR facilitated the
adoption of a political commitment that delineates
concrete steps to strengthen regional security sector
governance and foresees a close, long-term cooperation
between UNDP and the Pacific Island Forum Secretariat
in this area.
(ii) Solomon Islands
Similarly, the social unrest and violent conflict in the
Solomon Islands necessitated intervention by the
international community. A regional assistance mission,
deployed in 2003, has led to the relative restoration of
law and order. However outstanding grievances,
particularly those related to gender-based violence,
remain unresolved and limit the ability of Solomon
Islanders to move towards unified, secure and viable
nationhood.
UNDP and the International Centre for Transitional
Justice jointly supported government efforts to establish
the Truth and Reconciliation Commission, through
legislative drafting, and design of the 2009 Action Plan.
An international support facility was established to
deliver logistic, administrative and technical support for
the commission, particularly in the areas of
communications and victim support services. In April,
2009, the commission was launched and BPAC
allocated USD 800,000 in support of the commission.
Pakistan
Pakistan, a pivotal country in regional stability, has seen
an increase in violence over the past several years.
Stabilizing the country‘s democratic institutions and
pulling back from the brink of fragility are paramount
challenges for the international community. The absence
of justice and security is cited as a primary contributor
to the violence, particularly during the Taliban‘s seizure
of parts of the North-West Frontier Province (NWFP).
BCPR undertook a mission to Pakistan in November
2009 to assess the overall political environment,
determine the rule of law needs, and discuss priorities
with Government of Pakistan. This mission led to a
comprehensive, multi-year rule of law, justice and
security programme for the Malakand region in the
NWFP. Immediately following the BCPR mission,

55
CHAPTER 3: Partnerships

T he needs in countries affected by armed conflict are far too great to be addressed by one actor alone. In
the rule of law sector, the gaps caused by armed conflict are vast and encompass a number of key areas
requiring support, as highlighted in the previous chapter. These gaps stretch from law enforcement and
the judiciary to the plight of communities and the displaced, as well as highly disputed issues like compensation
and land tenure, among many others. The magnitude of destruction and capacity deficits requires joint efforts by
multiple actors. In addition to partnering with host governments, civil society actors and communities, BCPR is
an active contributor to a coherent UN-wide approach to rule of law programming both at the country and the
global level. Therefore, UNDP‘s results achieved on the ground should be attributed to the partnerships forged
under the Global Programme.

1. Host Governments, Civil Society and Communities

Trusted partnerships with host governments and other local stakeholders are at the heart of UNDP‘s mission. The
Global Programme is committed to genuine national ownership and is dedicated to empowering local
communities to determine their own future in the challenging circumstances associated with crisis. The Global
Programme is based on principles of inclusion and participation. It now partners with over 100 government
ministries and governmental bodies, and national partners often participate in BCPR‘s rule of law needs
assessment missions.

The Global Programme also reaches out to civil society organizations and develops their capacity to engage
effectively with government partners. In Sierra Leone, UNDP facilitated an open and frank dialogue between
civil society and parliamentarians leading to the roll-out of concrete recommendations on accountability and
transparency. In 2009, UNDP granted 15 CSOs in Sierra Leone financial support, ranging from USD 5,000 to
35,000, which empowered them to conduct awareness-raising and provide transport and accommodation to
victims of GBV unable to pay for their travel to courts. In Kosovo 11, women‘s civil society groups form the
backbone of the Women‘s Security and Safety Initiative. In the DRC, a wide network of legal aid organizations
provide assistance to survivors of sexual violence.

The Global Programme is also intensely aware of the untapped capacities and potentials of displaced
populations. A strong feature of Global Programme is therefore to empower war-affected communities and allow
them to convert their despair into constructive action. In Darfur, over 200 internally displaced people have been
trained as paralegals, and are now managing legal aid centers in seven camps, practicing traditional conflict
resolution and referring serious cases to a lawyers‘ network. Similarly, four legal aid NGOs and 275 paralegals
are now empowering victims of sexual violence in eastern DRC to seek justice for the crimes committed against
them.

2. In-Country United Nations Partnerships and Coordination

Working together with partners across the UN system is an important area in which the Global Rule of Law
Programme has significantly advanced UNDP‘s engagement. In 2009, institutional and formalized cooperation
was established in 10 countries with DPKO and a number of other UN entities, such as UNIFEM, UNODC,
UNFPA, UNHCR, UNACTION, PBSO and PBF.

In support of UN coherence, these partnerships reinforce the UN Country Team (UNCT) and the in-country
coordination mechanisms led by the Resident Coordinator/Humanitarian Coordinator and/or the Deputy SRSG
or SRSG. By engaging the UN Country Team and its leadership at the outset of programme development and
throughout implementation, the Global Programme embeds UNDP‘s rule of law assistance within the broader
UN operation, its annual workplan, and the country-specific recovery context. In doing so, it supports existing
in-country strategies and capacities, while also benefitting from established coordination mechanisms that bring
together the humanitarian and peacekeeping wings of a UN operation. This allows for the establishment of a
sound division of labor, reinforcement of complementary capacities and coordination towards a shared vision.

A case in point is the partnership on rule of law established between MINURCAT and UNDP in Eastern Chad.
While UNDP offers the overall programmatic framework, funding facility and technical expertise, MINURCAT

11
Referred to in the context of the UN Security Council Resolution 1244 (1999).

56
provides additional technical expertise, logistical/operational support and increases outreach where UNDP has no
field presence. Through joint planning, joint programming and joint implementation, MINURCAT and UNDP
share information on a regular basis and consult each other on coordination mechanisms addressing rule of law-
related issues (i.e., Inter-agency Coordination Mechanism on Rule of Law and IASC Protection/Early Recovery
Clusters). This division of labor now serves as a model in other joint programmes.

Joint programming with DPKO on policing, justice and SSR has deepened considerably over the past 18 months,
which has enabled the optimal use of financial and human resources. Over the past two years, UNDP/BCPR has
cultivated a particularly strong partnership with the DPKO Office of Rule of Law and Security Institutions
(OROLSI). Specifically, the Global Rule of Law Programme engages with the Police Division (PD), the Judicial
Affairs & Corrections Section (CLJAS), and the Security Sector Reform Unit (SSRU), all of which fall within
the domain of rule of law, as defined by the UN Secretary-General. 2009 saw an increase in the number of joint
initiatives with DPKO in Chad, Haiti, Liberia, Somalia, Sudan and Timor-Leste. Building on the achievements
made thus far, DPKO and UNDP have agreed to expand the number of joint programmes in 2010.

In 2009, UNDP/BCPR also partnered with UNIFEM‘s ―Women‘s Access to Justice in Conflict and Post-conflict
Programme‖ to further enhance gender justice. Based on a memorandum of understanding signed in January
2009, the Global Rule of Law Programme contributes to strengthening accountability for gender-based violence,
development of early warning indicators for gender and rule of law, and improvement of data collection
regarding women‘s justice needs after conflict. New programmes in Colombia, Nepal and Uganda were set in
motion, while a joint mission to Afghanistan was postponed for security reasons.

Following critique in the past of UNDP‘s performance on peacebuilding funds, the Global Rule of Law
Programme has made a particular effort to provide support to strengthening delivery on the PBF. Justice and
security are priorities areas in almost all Peacebuilding Fund countries, and thus the Global Programme fills an
important function in enhancing overall performance in the peacebuilding architecture. In view of the demands
on the ground, support related to the PBF has been extended to enhance delivery in several fragile states. This
also includes countries not prioritized in the Global Programme, such as Guinea (Conakry) and the Comoros. In
addition, the Global Programme has facilitated the deployment of human resources to the Peacebuilding Support
Office, such as the Dutch contribution of USD 500,000 in 2009 to PBSO for policy advisory staff.

3. United Nations Member States

UN Member States and their constituencies are the chief stakeholders of the Global Rule of Law Programme.
Progress depends on the political support and guidance afforded by host governments and their representation in
the Group of 77 and the UNDP Executive Board, as well as the financial and strategic support offered by donor
partners. Both constitute indispensible pillars of support to successfully implementing and achieving the
benchmarks of the Global Programme.

At an early stage, UNDP/BCPR ensured that the design and roll-out of the Global Programme was preceded by
extensive consultations with both groups of stakeholders. An early briefing to, and continuous engagement and
dialogue with, members of the Non-Aligned Movement and the G77 enabled UNDP to proceed with the
implementation of the Global Programme on the basis of transparency and trust to secure national ownership. In
the same spirit, donor consultations guided not only the design of the Global Programme, but have continuously
remained a vital support mechanism during its implementation, notably through current partners Australia
Canada, France, Germany, the Netherlands and Norway..

In 2009, UNDP/BCPR convened two partnership meetings and several joint missions with its donor partners, in-
country host governments and UN partners, including DPKO, UNODC, UNFPA, UNHCR and UN ACTION, as
well as representation from the ROLCRG, the SSRTF and the IASC Protection Cluster. The Netherlands is the
main development partner in the Global Programme. As such, it has played a particularly supportive role from
the start. Ongoing dialogue with the Netherlands brings much added value to advance and steer the Global
Programme in the right direction, as it deepens and moves forward. This close cooperation is also illustrated by
the participation of the Netherlands in rule of law missions to eastern DRC and Colombia in 2009. This dialogue
is representative of the kind of partnership that the Global Rule of Law Programme desires to establish with all
its development partners, and it is anticipated that it will be further expanded in 2010.

In addition, UNDP/BCPR worked closely with DFID in 2009 to conceptualize the interdependence between
justice and security. Drawing on the definition presented by the Global Programme, the DFID white paper

57
Eliminating World Poverty: Building our Common Future adopted a similar definition and continued working
closely with UNDP in advancing the global consensus.

In conclusion, the Global Programme has enabled UNDP to establish a niche on rule of law and allowed the
expansion of trusted partnerships in this field of work. As a result, UNDP is frequently called to lend analysis
and practical solutions at various international forums. In the course of 2009, UNDP was invited to make
presentations at the Wilton Park Conference on Building Local Capacity of Security and Rule of Law in Fragile
and Conflict Affected States, which recognized justice and security as a foundation for the Millennium
Development Goals; the Gendered Governance Conference in Copenhagen, which reaffirmed the role played in
addressing gender-based violence through the rule of law; and, the UK‘s Parliamentary Conference on
Peacebuilding, which situated the rule of law as a foundation for community security in the peacebuilding
process.

4. Global Coordination
The Global Programme has given UNDP the capacity and technical expertise to shoulder a catalytic role in
advancing UN coherence on issues of critical policy to the broader UN system and its partners. While 70 to 80
percent of the Global Programme implementation is devoted to in-country programming on rule of law, justice
and security, supporting global coordination on rule of law is also an important investment. Through its
substantive and regular engagement in inter-agency processes, UNDP helps render the overall approach of the
UN on rule of law more coherent and effective. In 2009, UNDP/BCPR was called upon to support two major
global rule of law-related initiatives in collaboration with UN entities, donors and financial institutions:

 Defining the justice and security nexus

 Preparing the roll-out of UNSC Resolution 1888 on combating sexual violence in armed conflict

Defining the justice and security nexus. The interdependence between justice and security is increasingly
recognized by donors (e.g., OECD/INCAF, DFID) and the World Bank. However, the gap between the justice
and security communities has weakened collective efforts. Since the justice and security nexus was first
pioneered through the Global Programme, UNDP was called upon in 2009 to assist in advancing a global
consensus on the justice-security nexus and in bringing together the justice and security communities. To this
end, UNDP and the World Bank led, with support from DFID, the UN Rule of Law Unit, DPKO and the OECD
secretariat, the development of a concept note on the justice and security nexus, which was recently presented in
February 2010 at the OECD/INCAF meeting in Washington, DC and the World-Bank/UNDP Roundtable on the
World Bank Development Report in New York, and was very positively received.

Preparing roll-out of SC Resolution 1888 (Op. Para 8). In a similar fashion, the Global Rule of Law Programme
has played an instrumental role in advancing concrete programming for the 8 Point Agenda through women‘s
security and access to justice. Therefore, in 2009, UN ACTION designated UNDP to co-lead with OHCHR and
DPKO the translation of Security Council Resolution 1888, Operative Paragraph 8 (addressing sexual violence
through the rule of law) into a conceptual framework for action in support of the recently appointed SRSG for
sexual violence in armed conflict. The three co-leads have led the drafting process, conducted UN-wide
consultations and liaised with the Executive Office of the Secretary-General and the incoming SRSG. These
efforts have been considered a good example of timely and effective inter-agency response to a priority called for
by a Security Council resolution.

UNDP also provides substantive and strategic support to five UN coordination forums focusing on areas of
immediate relevance to the rule of law, justice and security to create synergies and minimize overlap:

 The Rule of Law Coordination and Resource Group

 The Inter-Agency Security Sector Reform Task Force
 The Inter-Agency Standing Committee‘s Protection Cluster Working Group
 The Inter-Agency Standing Committee‘s Sub-Working Group on GBV
 UN Action against Sexual Violence in Conflict

The Rule of Law Coordination and Resource Group (ROLCRG)

The ROLCRG is responsible for the overall global coordination of the UN‘s rule of law approaches and
activities, and UNDP/BCPR has made considerable investments in supporting this UN-wide coordination
function. The substantive focus rests on the Secretary-General‘s reports of 2004 and 2006. The Rule of Law and

58
 Transitional Justice in Conflict and Post-Conflict Countries
and Uniting Our Strengths: Enhancing United Nations
―Where the United Nations succeeds Support for the Rule of Law, respectively. Ever since the
in supporting change that results in the
establishment of the ROLCRG in 2007, UNDP/BCPR has
betterment of peoples‘ lives through
worked closely with the Deputy Secretary-General‘s Rule of
their equal protection under the law
and the attainment of justice, it
Law Unit that manages the ROLCRG, and the nine UN
strengthens the rule of law. Ultimately, entities that form the ROLCRG: DPKO, DPA, OHCHR,
the equal protection of the law as the OLA, UNHCR, UNICEF, UNODC, UNIFEM, UNDP.
means to achieve freedom from fear
and freedom from want is the most In 2009, the ROLCRG developed a Joint Strategic Plan 2009-
sustainable form of protection. Perhaps 2011 (JSP), which outlines a set of joint activities for the UN:
the United Nations‘ contributions to (a) joint programming; (b) guidance material; (c) common
such protection are its most profound training programmes; and, (d) a UN website. In this regard,
achievements. Yet, success in this UNDP/BCPR facilitated the designation of Nepal as a first
pursuit is among the hardest to attain." pilot country for ROLCRG joint programming and obtained
the necessary endorsement of the Resident Coordinator, the
UN Secretary-General’s Report on
Strengthening and Coordinating UNCT and the government of Nepal. On guidance material,
United Nations Rule of Law Activities UNDP plays a substantive role in developing joint products
(A/63/226) on legal reform monitoring and on national ownership and
SSR, and is also engaged in the design of a common
ROLCRG training programme. Similarly, UNDP/BCPR
significantly supported the UN system-wide ROLCRG
website and documentary repository on rule of law (www.unrol.org), which was launched in November 2009
jointly by the Executive Office of the Secretary-General, the Chair (Finland) of the Friends of Rule of Law,
UNICEF and the UNDP/BCPR Director.

In the same vein, and throughout 2009, UNDP/BCPR was called on to serve as a facilitator and presenter at
conferences and panels organized by the Deputy Secretary-General‘s Rule of Law Unit on behalf of the
ROLCRG. These include the Conference on Enhancing Global Rule of Law Assistance, the UN/World Bank
Knowledge Exchange Workshop on Rule of Law and the Conference on National Perspectives on Rule of Law
Assistance.

Inter-Agency Task Force on Security Sector Reform (SSRTF)

Led by DPKO and supported by UNDP, the Inter-Agency Task Force on Security Sector Reform (SSRTF) was
established in 2008 and brings together UN entities with a vested interest and capacity in security sector reform,
including DPKO, DPA, OHCHR, PBSO, UNICEF, UNIFEM, UNODC and UNDP. The scope and direction of
the SSRTF is based on the Secretary General‘s 2008 report Securing Peace and Development: the Role of the
United Nations in Supporting Security Sector Reform, which emphasizes that SSR efforts should seek to enhance
the rule of law and human rights. In so doing, the SG places SSR under the overall rule of law framework, an
approach reiterated by the General Assembly‘s Special Committee on Peacekeeping Operations (―C-34‖) and the
Security Council‘s Presidential Statement of May 2008.

UNDP/BCPR‘s support to the SSRTF entails global policy development and partnership-building, in-country
joint assessment missions and assistance to peacekeeping operations‘ SSR units. Since UNDP‘s work in the field
of SSR is carried out under its broader rule of law mandate—assisting national civilian authorities to strengthen
the governance of security institutions—the Global Programme has also been well-positioned to bridge the
divide between the justice and security communities.

In 2009, UNDP actively contributed to the SSRTF‘s strategic plan for UN-wide policy guidance and training
materials on SSR. This includes, among others, a system-wide note on national ownership of security sector
reform; support to the SSR Practitioners Workshop in July 2009 as well as regional SSR consultations for Latin
America, organized jointly by DPKO, UNDP and the Group of Friends of SSR with the support of Argentina,
Slovakia, Canada and the Geneva Center for Democratic Control of Armed Forces (DCAF) in September 2009.
In addition, joint SSR assessments were conducted with DPKO and the European Commission to CAR, Guinea-
Bissau, Somalia, Sudan and Timor-Leste. UNDP‘s entry point of rule of law and focus on governance of the
security sector in addressing SSR has proven to be a comparative advantage and an appreciated contribution to
collective efforts in advancing the broader objectives of the SSRTF and its partners.

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IASC Protection Cluster Working Group

In 2005, the humanitarian reform led by OCHA established 11 Global Clusters to enhance coordination in
humanitarian crisis situations. The Global Protection Cluster addresses the immediate and medium-term needs
for security and justice of vulnerable populations
(physical, legal and material protection). Since the Global
Programme establishes an innovative approach of ―Ensuring international peace and security
strengthening the rule of law in an active armed conflict remains a daunting challenge for the United
and linking rule of law and protection (based on lessons Nations. Despite efforts over the past 60
learned from Darfur), UNDP/BCPR was invited by years, conflict and violence continue to pose
UNHCR to support the Global Protection Cluster. UNDP a threat to Member States and peoples;
has responded to this request by substantively and freedom from fear and want remain elusive
financially investing in the Protection Cluster, including: for many. Accordingly, the United Nations
(a) serving as the co-lead with OHCHR on the Sub- continues to search for effective responses
Working on Rule of Law; (b) representing the Protection to address insecurity based on its Charter.
Cluster as a focal point agency in the Early Recovery Two related central themes have emerged.
Cluster; as well as, (c) representing UNDP in the Sub- The first is that security, human rights and
Working Group on Gender-Based Violence. development are interdependent and
mutually reinforcing conditions for
sustainable peace. The second is the
To this end, UNDP has further deepened its support to the
recognition that these fundamental elements
Global Protection Cluster in 2009 to enhance a greater
can be achieved only within a broad
conceptual understanding of early recovery of the rule of framework of the rule of law.‖
law sector in ongoing armed conflicts; a collective
commitment to addressing gender-based violence; and, United Nations Secretary-General’s Report
stronger synergies with the humanitarian community on Securing Peace and Development: the
overall. In 2009, support was provided to the human Role of the United Nations in Supporting
resources of the Protection Cluster Secretariat through an Security Sector Reform (SG 2008/A/62/659)
allocation of USD 50,000 from the Global Programme.
This enabled the Protection Cluster to improve
coordination of the protection-related field support during humanitarian crisis. In its capacity as a co-chair of the
Sub-Working Group on Rule of Law, UNDP/BCPR provided support to OHCHR in launching the development
of a study on protection of NGOs.

International Non-Governmental Organizations

The Global Programme recognizes the value of substantive partnerships with international non-governmental
and specialized organizations. In-country, UNDP optimizes CSO execution to advance geographic outreach and
to build capacity of local NGOs, civil society and community-based networks (see also above). At the
international level, UNDP/BCPR‘s partnerships bring in a broad spectrum of specialized expertise, while also
building global networks. In 2009, an expansion and deepening of such partnerships extended to:

 The International Security Sector Advisory Team (ISSAT) in which BCPR represents UNDP as a board
member;
 The International Development Law Organization (IDLO), which played a substantive role in drafting of
the Guidance Note on Rule of Law Programming in Conflict/Post-Conflict Situations;
 The Soros Foundation, with which the Global Rule of Law Programme is pursuing women‘s security
and access to justice, starting in Liberia.
 The Norwegian Refugee Council (NRC), which is being engaged for the establishment of rosters to
reinforce combating impunity against sexual violence in armed conflict under Security Council 1888.

60
CHAPTER 4: Practice Management and Knowledge
Products

K
nowledge is key to achieving results. Knowledge management is essential to deliver quality policy
advice to national partners, and help retain the knowledge and experience accrued. This has been
highlighted by the UNDP Administrator as a priority in 2010 to secure results-oriented support to
countries. The Global Programme is aligned with this priority and seeks to increase the knowledge
sharing capacity of practitioners, while also producing high quality and field-driven knowledge products that are
relevant to country assistance.

Against this background, the Global Programme brought together UNDP staff from 20 country offices in
Amman, Jordan, in May 2009 for the first Global Community of Practice Workshop on Rule of Law, Justice and
Security in Conflict and Post-Conflict Settings. The community of practice meeting enabled UNDP offices in all
20 priority countries to share lessons learned and situate these within the vision and strategy of the Global
Programme. The meeting also established a platform for introducing a more solid monitoring and evaluation
(M&E) system and reporting, forging stronger linkages between the Global Programme and in-country
assistance.

Following the community of practice meeting, UNDP, DPKO, BDP, and PBSO launched an E-discussion on
Strengthening the Rule of Law in Conflict and Post-Conflict Situations. This served to keep the momentum and
expand outreach across the UN system. The e-discussion lasted eight weeks, facilitating information sharing and
soliciting expert views from across the UN system. The e-discussion enabled the UN rule of law community at
large to gain insights into how practitioners see the role and approach of the UN in providing rule of law
assistance to countries affected by armed conflict. The outcome is being used to support the UN efforts to
achieve a coherent and coordinated approach.

In 2009, the Global Rule of Law Programme developed two major knowledge products aimed at providing
practitioners with practical tools for rule of law programming:

 Lessons Learned from UNDP’s Rule of Law Programme in Sudan (UNDP‘s largest rule of law
programme in a conflict/post-conflict country). This represents the first major lessons learned on
comprehensive rule of law programming, which became the blueprint for the Global Programme. The
lessons learned document explains how UNDP transformed a small amount of seed funding into
unprecedented levels of funding for development activities. It shares the insights of colleagues who
together with national partners established and expanded rule of law assistance in a politically complex
environment.

 Guidance Note on Rule of Law, Justice and Security Programming for Conflict and Post-Conflict
Situations. Developed in close consultation with field programming units, the guidance note provides
specific programming guidance, examples of best practices, and advice for overcoming common
challenges and maximizing programming impact.

A series of up-to-date and practical concept notes were also developed in 2009, highlighting UNDP‘s
contributions to gender justice, governance of the security sector, and transitional justice. These documents
clarify the conceptual framework and UNDP‘s mandate and activities in this field of work:

 Concept Note on Strengthening Women’s Security and Access to Justice translates Point 1 and Point 2 of
the 8 Point Agenda into concrete activities in-country. It sets forth UNDP‘s policy on women‘s security
and access to justice and presents these activities in the context of Security Council Resolutions 1325
(2000), 1820 (2008), 1888 (2009) and 1889 (2009). In this respect, UNDP/BCPR has made inter-agency
work on UNSC Resolution 1888 Operative Paragraph 8 (combating impunity for sexual violence) a
priority in support of the UN-system wide response to the resolution.

 Concept Note on Governance of the Security Sector outlines UNDP‘s engagement with the security
sector from a rule of law/governance perspective. Given UNDP‘s mandate on democratic governance
and the SG‘s position that security sector reform falls under the larger umbrella of rule of law, this
concept note serve as the basis of an UN-wide guidance note on governance and oversight of the security

61
 sector. The note outlines UNDP‘s approach to supporting security sector reform as a contribution to the
United Nations‘ ‗vision of security based on the rule of law.

 Concept Note on Facilitating Transitional Justice Processes identifies areas in which UNDP adds value
to addressing war crimes in post-conflict situations. As a development organization, UNDP‘s focus is
both on ensuring a broad national consultative process in establishing transitional justice mechanisms, as
well as institutional capacity development of national institutions to prevent the travesties of the past
from reoccurring.

While support to country offices has been a key priority for the Global Rule of Law Programme throughout
2009, UNDP/BCPR has also given due attention to internal coordination and complementary approaches with
the Bureau for Development Policy (BDP). These efforts have led to a consensus on complementary roles
presented in a joint story line on rule of law, justice and security, alongside an expansion of joint initiatives. The
consolidated support now provided by BCPR and BDP encompasses stronger emphasis on economic and
landrights through legal empowerment, greater attention to corruption of justice/security institutions, and optimal
use of UNDP‘s resources drawing on regional centers, including a regional initiative for the Pacific region on
governance of the security sector, including: Vanuatu, Solomon Islands, Fiji, Papua New Guinea, and Tonga.
 Based on empirical research in five countries (Afghanistan, Democratic Republic of Congo, Iraq, Sierra
Leone, Timor Leste) a Joint BDP-BCPR Study on Anti-Corruption Interventions in Post-Conflict and
Recovery Settings provides insight into how UNDP has grappled with the challenges of anti-corruption
interventions in post-conflict and recovery processes.

The Global Rule of Law Programme has also been used as a reference for UNDP/BCPR‘s
contribution to the Secretary-General‘s Annual Report on Strengthening and Coordinating United Nations Rule
of Law Activities, the ROLCRG Guidance Note on the UN approach to Transitional Justice, and the Secretary-
General‘s Report on Peacebuilding in the Immediate Aftermath of Conflict of 2009.

First meeting of the UNDP Global Community of Practice on Rule of Law, Justice and Security
in Conflict and Post-Conflict Settings, Jordan, 25-28 May 2009

62
CHAPTER 5: Challenges and Lessons Learned

T
he BCPR Review Team concluded in its report that the Global Programme has broken new ground. This
progress report attempts to present the strategy and achievements that brought this about. However, it has
not been without challenges - that persist and constantly need to be overcome and addressed. In addition,
the implementation of the Global Programme has brought new lessons and reaffirmed good practices.

1. Challenges
Political Volatility and Insecurity

Instability, insecurity, and unpredictability are key characteristics of the Global Programme‘s operating
environment. This has required constant realignment with evolving situatios on the ground.

In 2009, the UNDP rule of law programme in Somalia was curtailed and hampered by inter-clan violence and
escalation of violence in South-Central Somalia. The deteriorating security situation and the bombing of the UN
compound in Hargeisa at the end of 2008 led to relocation of staff, whose absence posed new constraints to the
programme implementation. To overcome this challenge, UNDP Somalia engaged more closely with local
merchants and government counterparts to ensure implementation, reporting and monitoring.

In Guinea-Bissau, progress towards the development of a legal framework for the security sector was held back
due to political instability. A number of assassinations of high-level state figures slowed down the momentum
towards broad security sector reform. In 2010, with the political crisis abating, UNDP will re-engage the
government on security sector reform to regain lost ground and proceed.

Efforts to strengthen justice institutions with infrastructure projects in Afghanistan were significantly curtailed in
2009 during what was described as the country‘s most violent year since 2002. The armed attack on the UN
compound in Kabul caused a suspension of a planned UNDP/BCPR mission in November 2009.

In the Darfur region of Sudan, internal strife, international criminal indictments and rebel activity led to an
upsurge in banditry, abductions, and increased government restrictions on movement for both IDPs and UN staff.
A number of local CSOs and lawyers‘ associations partnering with UNDP had their registrations revoked
following the indictment by the International Criminal Court of the head of state in 2009. This had to be
addressed by focusing support on individual lawyers and engaging new CSOs able to work in Darfur.

Indeed, most of the 20 priority countries in the Global Programme face risks of instability and tendencies of
violence in one or another form, as indicated in Chapter 2 of this report. The Global Programme adamantly
encourages an elastic approach when developing multi-year programmes, and flexibility in implementing the
same. Insecurity must not be a reason for inaction, but rather one for renewed commitment to find new creative
ways of implementation.

Human Resources

Finding qualified national and international staff willing to serve in difficult environments is one of the greatest
challenges to the implementation of the Global Programme. Moreover, high staff turnover is a constant challenge
faced by many UNDP programmes. In Haiti and Guinea-Bissau, UNDP has had difficulty identifying and hiring
qualified international staff with French language skills. Investment in existing UNDP capacity and modalities
for rotation as well as continued staff development are key to addressing this gap. The establishment of the
community of practice for the 20 UNDP country offices and a stringent recruitment process will also serve to
identifying qualified candidates with institutional memory and experience of rule of law programming within
UNDP.

Operational Capacity

Some country offices do not have the requisite operational capacity to support the implementation of
comprehensive programmes. Recruitment, procurement and sub-office presence are critical operational pillars
for effective roll-out of programmes. As such, programming and operations are interdependent. Any support to
COs should therefore benefit both programme and operations simultaneously and in a mutually reinforcing

63
manner. The recently devised fast-track procedures and revision of UNDP‘s programme and operations policies
and procedures will hopefully enable COs to be better equipped and more responsive in crisis contexts. It is
important to be mindful of the fact that results will be achieved through our COs and thus a strong corporate
investment in empowering COs both programmatically and operationally is needed, which in turn requires
building sustainable capacity of UNDP country offices at large.

Growing Demand

Due to the recognition and awareness of the Global Programme among UNDP‘s country offices, there is a
growing demand for technical support. A total of six additional conflict countries or fragile states have received
support, including Pakistan, Guinea (Conakry), and countries in the Pacific region. UNDP/BCPR‘s response has
been to first explore alternative avenues for support. In absence of alternatives, BCPR has responded to those
requests as well. While funds allocated to the Global Rule of Law Programme priority countries have not been
utilized, human resources have been re-allocated for assessment missions and programme development.

Measuring Impact
In measuring impact of the Global Programme, it is essential to have a sound understanding of the full scope of
sequenced activities, or building blocks, that are required in establishing an effective and sustainable in-country
programme. While a review of 2009 activities at the country level reveals many positive results, the timeframe
for empowering country offices to deliver more effectively must be realistic.
The Global Programme builds UNDP country office capacity to provide effective, timely and multi-year capacity
development assistance. This requires a systematic approach of many steps: dialogue with host governments,
diagnostic assessment, design of multi-year programmes, quality control and financing through the BCPR
Allocations Committee (BPAC), advertisements of posts and recruitment of permanent teams. The type of
comprehensive support provided to countries is reflected in the timeline for the Central African Republic (page
13).
Once the human, technical and programmatic capacity is put in place, additional time is required to establish the
programme and roll out activities, which includes building partnerships with UN agencies, identifying local
NGOs and conducting procurement. The process of establishing capacity for a country office takes an average of
twelve months – depending on the country office capacity at the outset, external security situation and political
support from in-country partners. An additional 6 to 12 months are required to see results.
Since this is a time-consuming process, it may cause a perception of delay in visible results. However, the
importance of putting in place this foundation before delivering concrete outputs cannot be underestimated.
Building capacity to respond to the needs is, in itself, a first result in a series of results, which together, will
enhance the odds of delivering the desired impact on the ground.
Similarly, the development approach to the rule of law requires
adequate time in order to measure impact and institutional ―To rationalize United Nations
reforms. Quick peace dividends like legal aid will yield results engagement in rule of law assistance,
faster, while capacity development of national institutions and we need to evaluate the impact of our
programming on the lives of the
reform will inevitably require more time. The groundbreaking
peoples the Organization serves.‖
impact that was achieved by the Darfur rule of law programme—
leading to actual convictions of rape in local courts during the UN Secretary-General’s Report on
armed conflict—was the result of over two years of systematic Strengthening and Coordinating
training, confidence building and capacity development of police, United Nations Rule of Law Activities
lawyers, judges and IDPs. (A/63/226, Para. 64)

Yet, the Global Programme is mindful of the need to deliver

faster. It is in this spirit that it seeks to accelerate the process of
programme establishment and implementation towards results and impact by conducting numerous follow-up
missions to targeted country offices. An average of 2-3 missions/annually to the same country office is not
uncommon.
Another major challenge has been the capacity of country offices to match programmes with operational support
and M&E capacity. UNDP is a decentralized organization, in which M&E culture needs to further advance. The
Global Programme seeks to address these gaps by establishing a closer relationship with priority country offices
receiving technical and financial support. In 2009, the Global Programme embarked on an ambitious M&E
approach to advance reporting on results and impact and situating the annual report within a broader monitoring
and evaluation framework.

64
The process of building up the M&E, reporting and knowledge management system is still in its initial stage, but
is rapidly moving forward. Based on a two-pronged approach, country office reporting is directly uploaded into
the Global Rule of Law Programme report tracking system and will henceforth be analyzed throughout the year.
Another area of critical concern is establishment of a baseline at the outset of a programme. Where baselines are
either not established or do not align with project document outputs, impact and results will be hard to measure.
In 2010, this gap will be addressed by supporting Country offices to develop frameworks for assessing impact.
Five baseline assessments will be conducted in five countries, supported by UNDP/BCPR rule of law missions
dedicated to building M&E systems in country offices.
As a part of a larger M&E and knowledge management strategy, the Global Programme will link directly to
country office reporting mechanisms through a results-based management platform for improved reporting
against baselines and project logframes. The Global Rule of Law Programme Annual Report 2009 reflects the
enhanced focus on results-based reporting from BCPR, but will continuously be improved and strengthened in
2010 through appointment of full-time staffing capacity and strengthened corporate support mechanisms.
Internal Capacity
Internally, the UNDP/BCPR Rule of Law, Justice and Security Team managing the Global Rule of Law
Programme operates below the projected staffing capacity. While the initial staffing capacity was estimated at 10
staff, the number of filled posts amounts to seven staff. With a significant increase in demand from non-priority
countries, like Pakistan, Guinea (Conakry) and Kenya, and sudden emergencies, like Haiti, the actual staffing
capacity is at times reduced to 70 percent. Additional coverage of relevance to the Global Programme and
UNDP‘s capacity, such as gender and engagement with PBF, as well as increased responsibilities entrusted to
UNDP on inter-agency coordination and global policy settings, have placed a further strain on the team. This has
not slowed down the implementation of the Global Rule of Law Programme, as the overview of targets reached
in 2009 (Annex 2) illustrates. However, it has compelled the team to consistently work overtime, which may
unduly risk compromising quality. Thus, this approach is not sustainable. In 2010, once the BCPR Review has
been completed, it will be necessary to match the actual demands with adequate staffing capacity.

2. Lessons Learned
As lessons learned are being documented separately, the below captures the most common lessons identified by
UNDP country offices while implementing rule of law, justice and security programmes:
 There is a need for national ownership by inclusive processes and positive policy engagement with
national partners. Experience shows that it is indeed possible to work with government partners in a
constructive way even in the most difficult circumstances. However, the need to invest in a dialogue that
is based on trust cannot be underestimated.

 Results can be achieved even in an ongoing conflict, such as in Chad, DRC, Sri Lanka and Sudan. By
empowering local stakeholders (e.g. IDPs, legal professionals, civil society) during the crisis, they
become resourceful forces for change and resistance to violence. Engagement with the humanitarian
community is optimized when situating protection within a broader notion of the rule of law.

 Parallel efforts must focus on both the demand and supply side, bottom-up and top-down, to reinforce
activities in a two-pronged manner. When displaced populations are enabled to claim justice through
legal aid and justice institutions are equipped to deliver that justice, the odds for impact are far greater
than a focus on only one of the two.

 Joint programming with other UN agencies, peacekeeping and civil society organizations are both cost-
effective and a practical necessity. An increasing number of UNDP projects supported by the Global
Programme are now being designed as joint programmes with other partners, yielding positive results.
These lessons are very common to programming in conflict/post-conflict, and also captured in detail together
with other lessons learned in a forthcoming publication on the lessons learned of the Sudan Rule of Law
Programme 2004-2007.

65
CHAPTER 6: Financial Status
1. Resources and Expenditures
Earmarked contributions to the Global Programme can be made through the Crisis Prevention and Recovery
(CPR) Thematic Trust Fund (TTF) and allow UNDP to support programmes and projects in the areas of rule of
law, justice and security. This thematic area is integrally tied to the priorities identified in the UNDP Strategic
Plan 2008-2011. Via the Global Programme, earmarked contributions can also be made to a specific country—
through the available country window of the TTF—to enable UNDP to address the rule of law, justice and
security programming needs of that particular country.
Earmarked Donor Contributions
Since January 2008, BCPR has assisted country offices to (2008-2011) (USD)
develop rule of law, justice and security initiatives for a total
portfolio-programmable budget amounting to USD
Netherlands (Approx.) 30,013,325
202,801,111 for the period 2008-2012. This amount is due to
increase in 2010, with pipeline initiatives in DRC, Pakistan, Australia 1,919,385
Southern Sudan and Uganda totaling USD 45,200,000. Norway 1,649,513
France 554,800
As of 31 December 2009, earmarked contributions to the Germany 295,857
Global Programme amounted to USD 34,567,138 including
Canada 134,258
multi-year funding support from the Dutch government (EUR
20 million).
Total 34,567,138
Of these commitments, USD 22,217,540 has already been
received. In 2009, additional un-earmarked TTF resources were also dedicated to rule of law, justice and security
projects in a total amount of USD 10,226,983.75.

As of 31 December 2009, the total interim expenditure for 2009 amounted to USD 13,722,446.83, of which USD
11,057,898.43 was disbursed at the country level and USD 2,664,548.40 was used to cover the Rule of Law,
Justice and Security Unit‘s support cost in Geneva and New York.

It should be noted that in 2009, RESOURCES

BCPR dedicated around 15 Earmarked Un-earmarked Total (in USD)
percent of its rule of law, justice Contributions Contributions
and security programming budget Received Pledges from CPR-TTF
to address gender related issues as of 31/12/2009 2010-2011
(i.e., women‘s access to justice, 22,217,540.00 12,349,598.00 10,226,983.00 44,794,121.00
empowerment, and sexual and
gender-based violence). EXPENDITURES

2008 2009 2010 (Planned) 2011 (Planned) Total (in USD)

During the first year of
implementation, development 2,123,886.00 13,722,446.00 20,268,215.00 23,885,453.00 60,000,000.00
partners have shown strong
interest in supporting the Global FUNDING GAP
Programme both substantively
2008 2009 2010 2011 Total (in USD)
and financially. The number of
partners is therefore expected to 0.00 0.00 0.00 15,205,879.00 15,205,879.00
increase in 2010.

2. Allocations through BCPR Allocation Committee

These allocations are conceived as seed funding to allow UNDP country offices to set-up operations, recruit staff
and start implementation in a timely manner. This amount will be disbursed throughout the period 2008-2012
(see Annex I).

As of 31 December 2009, the total resources allocated for justice and security from the BCPR Thematic Trust
Fund for the period 2008-201 amount to USD 37,728,886. In 2009 alone, USD 18,428,362.81 was allocated to
in-country rule of law, justice and security programmes.

66
Over the past years, BCPR has established a stringent mechanism to ensure quality control of project documents
and appropriate allocation of financial resources. Indeed, all projects requesting funding from CPR TTF
resources that are un-earmarked or earmarked for specific thematic areas (i.e. rule of law, justice and security)
are submitted to the BCPR Project Appraisal Committee (BPAC). Chaired by the Deputy Directors of BCPR, the
BPAC meets regularly to review the merits of each project based on the following criteria:

 Alignment with the funding criteria of the TTF, the bureau‘s strategy, and the crisis prevention and
recovery priorities of the region and country where the project will take place;

 Technical soundness of the project design, including gender equality, monitoring and evaluation, and
knowledge management components;

 Implementation capacity of the sponsoring country office (based on a track record of successful delivery
of crisis prevention and recovery projects); and

 An appropriate and reasonable budget that reflects a diversity of funding sources, including
commitments from other partners and from the UNDP country office.

67
THE WAY FORWARD

T
he UNDP/BCPR Global Programme on the Rule of Law, Justice and Security in Conflict/Post-Conflict
Situations emerges from 2009 with a renewed appreciation for its capabilities and potential. Visible
benchmarks have been reached and exceeded in establishing stronger corporate capacity of UNDP
country offices to deliver rule of law assistance in conflict/post-conflict countries. Partnerships signal a
catalytic role for UNDP in bringing together the UN family and its partners around the rule of law, justice and
security. Still, there are shortfalls and a need for a self-critical review to optimize the odds for success through
lasting impact.

The goal for 2010 is to ensure that support mechanisms that are put in place in country offices are sustainable
enough to carry forward implementation until the desired impact has been achieved. The Global Programme will
build on the progress made and systematically continue to improve and strive for greater impact - without failing
to recognize that in conflict/post-conflict environments, patience and commitment are not just virtues, but
practical necessities.

A major priority for the Global Programme is to further scale up efforts to conduct highly relevant monitoring
and evaluation and reporting. It is anticipated that 2010 will yield considerable indicators of impact as a result of
the foundation put in place over the past two years. However, it will be equally important to ensure strong
analysis and presentation of these results. As this is also a priority for UNDP corporately, the Global Programme
is expected to benefit from broader institutional adjustments by which UNDP‘s capacity to report on results will
be strengthened overall.

At the global level, the Global Programme will continue to reach out to partners to support consensus-building
around field-driven policies. It will scale up its efforts to bring together justice and security communities at the
conceptual level, while also rallying UN partners and Member States to forge stronger partnerships in pursuit of
solutions at country level. Efforts will continue to situate the rule of law, justice and security as a foundation and
end-goal for peacebuilding, statebuilding and the achievement of the Millennium Development Goals.

As UNDP is increasingly taking on a substantive role in providing rule of law assistance to countries threatened
or affected by armed conflict, efforts to bolster BCPR‘s expertise on rule of law, justice and security will be
required to continue provide consistent, high quality and timely support to the Global Programme priority
countries as well as to face the growing demand for support from fragile states.

The Global Programme is now being integrated into BCPR‘s three-year work plan and is expected to also benefit
from corporate efforts to access core funding and voluntary contributions. Originally aligned with the UNDP
Strategic Plan 2008-2011, Outcomes 3, 4, 6 and 8 of the UNDP Strategic Plan (Annex II), the Global Programme
will be extended alongside the UNDP Strategic Plan until 2013.

In conclusion, the rule of law in conflict/post-conflict situations is a core mandate of UNDP entrusted to it by the
UNDP Executive Board. The rule of law is also one of the key priorities of the United Nations Peacebuilding
Agenda, and a founding principle of the United Nations Charter. It is, and must remain, a priority for the United
Nations, UNDP and its partners - because the only alternative to the rule of law is rule by force.

68
ANNEX 1: Global Programme Allocations and Expenditures (USD)

Global Programme Allocations and Expenditures (2008-2011) - as of 31 December 2009

Interim
Local BPAC Planned
Conflict/Post- Total Expenditures
Project Project Allocation for Expenditure Programmable Programmab
conflict Project/Programme Name Project ID Programmable BPAC Date 2009 (As of 31
Period Appraisal Project s 2008 Budget 2009 le Budget
Situations Budget December
Committee Period 2010
2009)

ROLJS Team Global Rule of Law 00059949 2008-2011 9,321,324.00 N/A N/A N/A 1,559,954.03 2,803,799.32 2,664,548.40 2,750,000.00
(HQs) Programme Implementation

Asia-Pacific Support for the Capacity 00058679 2008-2009 790,000.00 YES 01/06/2008 790,000.00 439,295.32 205,704.68 181,706.51 0.00
Development of Governance
Institutions in the Security
Sector in the Pacific (PIP)

Bosnia and Access to Justice: Facing the 00070592 2009-2012 5,555,766.00 YES 21/05/2009 2,691,818.00 0.00 117,697.81 63,093.19 1,216,011.00
Herzegovina Past and Building
Confidence for the Future

Central African Strengthening the Rule of 00061334 2008-2010 12,144,639.67 YES 28/01/2009 1,362,468.45 0.00 1,362,642.00 1,172,672.51 189,969.49
Republic Law based on Justice and
Security 2,054,800.00 0.00 2,054,806.00 994,663.70 1,060,142.30

Chad Strengthening Access to 00064106 2008-2010 707,580.00 YES 01/06/2008 707,580.30 0.00 707,580.00 232,963.95 474,616.05
Justice in Eastern Chad

Colombia Programa REDES 00072238 2009-2012 3,608,000.00 YES 20/07/2009 2,000,000.00 0.00 102,235.00 13,579.64 1,075,000.00
(Strengthen mechanisms for
access to justice to enforce
the rights to truth, justice
and reparations under the
rule of law)
Democratic Strengthening Access to 00070625 2008-2011 4,619,992.50 YES 01/06/2008 1,500,000.00 0.00 1,500,000.00 667,696.16 832,303.84
Republic of the Justice and Legal Protection
Congo for GBV Victims in Eastern
DRC
Guinea- Bissau Strengthening rule of law 00063685 2008-2011 8,268,532.00 YES 01/05/2008 815,000.00 124,701.99 594,110.00 330,585.50 484,414.50
through justice and security
sector reform

69
 Global Programme Allocations and Expenditures (2008-2011) - as of 31 December 2009

Interim
Local BPAC Planned
Conflict/Post- Total Expenditures
Project Project Allocation for Expenditure Programmable Programmab
conflict Project/Programme Name Project ID Programmable BPAC Date 2009 (As of 31
Period Appraisal Project s 2008 Budget 2009 le Budget
Situations Budget December
Committee Period 2010
2009)

Timor-Leste Enhancing the Democratic 00014955 2008-2013 31,495,000.00 YES 01/11/2008 3,000,000.00 0.00 690,000.00 642,528.56 1,720,000.00
Rule of Law through
Strengthening the Justice
System in Timor-Leste
(Revised Justice System
Programme)
Haiti Renforcement de l'Etat de TBC 2010-2012 60,200,000.00 TBC 24/11/2009 6,200,000.00 0.00 0.00 0.00 1,500,000.00
Droit et de la Sécurité en
Haiti
Kosovo12 Kosovo Justice and Security 00060818 2009-2011 15,940,000.00 YES 09/01/2009 3,795,420.00 0.00 2,666,670.00 1,985,895.91 1,540,000.00
Programme 00069640
00070851
00062999
00053055
00070023
Liberia Strengthening the Rule of 00069513 2009-2012 8,254,034.00 YES 01/10/2008 2,817,550.00 0.00 663,275.00 648,492.35 1,384,275.00
Law in Liberia
Nepal Enhancing Access to Justice Not yet 2009-2012 5,697,232.00 YES 03/11/2009 1,600,000.00 0.00 0.00 0.00 950,000.00
for Consolidation of Peace uploaded
in Nepal into ATLAS

Occupied Supporting the Rule of Law 00070906 2009-2012 14,346,711.67 YES 28/04/2009 3,000,000.00 0.00 154,843.00 55,328.24 1,660,000.00
Palestinian and Access to Justice for the
Territory Palestinian People

Sierra Leone Improving Access to Justice 00059959 2009-2012 10,981,300.00 YES 01/11/2008 2,981,500.00 0.00 1,479,000.00 1,727,535.46 950,000.00
in Sierra Leone

Somalia Rule of Law and Security 00014781 2009 2,600,000.00 YES 01/07/2008 2,600,000.00 0.00 2,600,000.00 1,693,516.72 906,483.28
(Award)

Sri Lanka Equal Access to Justice 0007005200 2009-2012 8,271,000.00 YES 01/02/2009 3,012,750.00 0.00 726,000.00 647,640.03 1,575,000.00
070053

TOTAL as of 31 December 2009 202,801,111.84 40,928,886.75 2,123,951.34 18,428,362.81 13,722,446.83 20,268,215.46

12
Referred to in the context of the UN Security Council Resolution 1244 (1999).

70
ANNEX 2: Global Programme Results Against 2009 Annual Targets
TARGETS ACTIVITIES STATUS COMMENTS
Output 1: Rapidly and effectively respond to programme countries in providing Rule of Law assistance in conflict and post-conflict situations
A. Provide timely and effective 1. Design coherent, sequenced and gender- Achieved New programmes developed in Bosnia and Herzegovina, Colombia, Haiti, Kosovo,
technical support and policy sensitive ROL programmes in an additional 8 Nepal, Occupied Palestinian Territory and Sri Lanka. BPAC approved funding
advice to GP priority countries GP priority conflict/post-conflict situations support amounting to USD17.5 million (Bosnia and Herzegovina, Colombia, Haiti,
on rule of law programming. including resource mobilization and Kosovo, Nepal, Occupied Palestinian Territory and Sri Lanka) out of a total of
identification of ROL/Justice/Security expertise. USD108 million programmatic budget. NB: Rule of Law programme in Haiti has
2009 target situations: Bosnia and Herzegovina, been amended in February/March 2010 to address the new challenges and recovery
Colombia, Haiti, Kosovo13, Nepal, Occupied needs following the earthquake on 12 January 2010.
Palestinian Territory, Sri Lanka and Uganda.
2. Ongoing consolidation of Rule of Law Achieved Continuous technical and policy support has been provided to support
programmes established in 2008 in CAR, Chad, implementation and resource mobilization efforts of rule of law programmes
DRC, Guinea-Bissau, Liberia, Sierra Leone and launched in 2008.
Timor-Leste.
3. Provide technical backstopping and policy Partially While Iraq, Somalia and Sudan benefitted from continous assistance through the GP,
advice to well-established Rule of Law Achieved engagement in Afghanistan has been postponed to 2010 due to the security situation.
programmes in Afghanistan, Burundi, Iraq, Support to Burundi is set to begin in 2010 to align with the country office new
Somalia and Sudan. programming cycle.
4. Provide technical support and policy advice to Achieved The Global Programme was called upon to provide rapid rule of law assistance in
non-Global Programme countries (Georgia, the Comoros, Guinea, Kenya, select Pacific islands and Pakistan. In the Comoros
Kenya, Serbia, Zimbabwe, Solomon Islands) and Guinea, BCPR enabled UNDP country offices to submit and implement PBF-
that require specific attention on rule of law, funded projects with a total budget amounting to USD 4.5 million.
justice and security.
5. Conduct baseline assessments in at least 5 GP Not BCPR and DFID have been in discussions regarding a more systematic approach for
priority countries to: a) provide an overview of Achieved monitoring BCPR‘s impact as it relates to building the conflict prevention and
the functioning of justice system (policing, court recovery (CPR) capacities of national counterparts. In view of this, the Global
system, role of prosecutor and/or investigating Programme baseline initiative was postponed to 2010 to align with BCPR‘snew
judge, prison system, legal framework); b) M&E framework. The ROLJS Unit is currently organizing indicators according to
establish baseline indicators for measuring BCPR Multi-Year Results Framework. These indicators will provide a picture of i)
impact of rule of law, justice and security the situation and progress of the rule of law in a particular country and/or region and
programming. ii) the impact of UNDP‘s work in this area. A methodology to conduct baselines is
under development and should be rolled-out in three pilots countries (possibly Sierra
Leone and Timor Leste) in 2010.
B. Contribute to BCPR's country 1. Coordinate BCPR-wide engagement to Achieved Co-chaired BT4 working group and monitored BCPR work on gender-based
office support in at least 5 new implement Bureau Target 4 in conjunction with violence in DRC, Haiti, Papua New Guinea, Sierra Leone and Sudan.
countries to develop national Gender Task Force.
systems to prevent and respond
to GBV.

13
Hereafter referred to in the context of the UN Security Council Resolution 1244 (1999).

71
 2. Contribute to the articulation of a Achieved Substantively contributed to BCPR's Global Proposal on Implementing the UNDP
comprehensive approach to GBV that translates Eight Point Agenda for Women’s Empowerment and Gender Equality in Crisis
the 8 PA into concrete programming. Prevention and Recovery – Focus on Addressing Sexual and Gender-Based Violence
in Crisis Countries approved in December 2009.
3. Contribute to needs assessment, prodocs Achieved Provided technical support for project design and conducted field missions in DRC,
formulation and implementation in 5 focused Haiti, Sierra Leone and Sudan. New BCPR programmes to address GBV developed
countries. and endorsed by national authorities in DRC, PNG and Sierra Leone.
Output 2: Produce high quality and relevant policy guidelines and knowledge products directly linked to in-country programming
C. Launch a knowledge-products 1. Finalize, translate, and disseminate the Partially This study is finalized and will be published and disseminated in the second quarter
package on rule of law Lessons Learned study on Rule of Law Achieved of 2010.
programming programming in Sudan.
2. Support the Somalia CO in producing and Cancelled Initiative cancelled in agreement with the country office. Security situation did not
disseminating a lessons learned study on rule of permit the deployment of a consultant.
law programming in Somalia.
3. Produce a Guidance Note on Rule of Law Partially Contract signed with IDLO in May 2009. Final draft submitted by IDLO in August
programming in Conflict and Post-Conflict Achieved 2009. Final product to be completed in 2010 (including review process with CO
Situations. practitioners and UN partners).
4. Initiate a study on ―Strengthening the Rule of Cancelled Initiative cancelled. Reduced number of knowledge management products in BCPR.
Law: why the international community has
failed - A study on the gap between the law and
the reality.‖
5. Finalize translation and publication in French Achieved Handbook finalized, translated and published (1,000 copies).
of the Handbook on Civil Society‘s Oversight of
the Security Sector developed jointly with
UNDP's Regional Centre in Bratislava and the
Democratic Center for Armed Forces (DCAF).
6. Translate the French version of DCAF‘s Achieved Global Programme covered the translation costs.
Gender & Security Sector Reform Toolkit.
D. Establish a global community 1. Organize a workshop to launch a Community Achieved BCPR convened the first Global Community of Practice Workshop on Rule of Law,
of practice on rule of law aiming of practice on rule of law/justice/security Justice and Security in Conflict and Post-Conflict Settings in Jordan from 24th to
at sharing experiences and amongst UNDP CDs, DCDs and Head of ROL 28th May 2009. This event brought together UNDP staff – Country Directors,
multiplying South-South programmes. Deputy Resident Representatives, Senior Programme Managers and Programme
cooperation. staff – from 20 UNDP Country Offices, HQs representatives including the Bureau
for Development Policy (BDP) and the Regional Bureaus (79 participants in total).
2. Compile and make available relevant Cancelled Cancelled as newly-established UN-wide rule of law webpage - launched on 17
knowledge products on ROL programming November 2009 - hosts all relevant material (www.unrol.org). BCPR contributed to
produced by UN agencies, specialized NGOs, the design of the website.
Academic Institutions, etc… on BCPR website.
E. Enhance UNDP’s practice 1. Contribute both financially and technically to Achieved Financial contribution provided (USD 30,000)
leadership on rule of law, justice the Global Symposium on Men and Boys in
and security, including through Achieving Gender Equality.
substantive contribution to
BCPR task teams

72
 2. Contribute both financially and technically to Cancelled Event cancelled by UNDP Regional Center in Bangkok.
the Asia Workshop on Traditional Justice.
3. Organize a two-day international conference Postponed Postponed to a later date.
on Strengthening the Rule of Law in Conflict
and Post-Conflict Situations. To be jointly
organized with DSG's ROL Unit.
F. Enhance UNDP’s capacity to 1. Develop a communication and advocacy Not Product submitted by consultant in March 2009 did not lead to satisfaction.
roll-out, advocate and mobilize strategy for the Global Programme. Achieved Postponed to a later date.
resources for its Global
Programme.
2. Roll-out a communication and advocacy Not See above.
strategy in support of the implementation of the Achieved
Global Programme.
Output 3: Actively contribute to integrated and coherent UN system-wide assistance and coordination on Rule of Law
G. Provide substantive 1. Actively participate in the inter-agency Achieved Through regular participation in these inter-agency mechanisms, UNDP played a
leadership to inter-agency mechanisms on rule of law, SSR and protection catalytic role in ensuring programmatic and operational linkages between
collaboration and initiatives on of civilians (i.e. ROLCRG; SSR Task Force; peacekeeping, peacebuilding and humanitarian action, thereby advancing UN
rule of law. IASC Protection Cluster-SWGROL; IASC Early coherence in the rule of law sector. Examples of UNDP'c contribution include co-
Recovery Cluster). leading - with DPKO and OHCHR - the implementation of paragraph 8 of SC 1888
on Sexual Violence in Armed Conflict, or defining the justice-security nexus
through a concept note developed jointly with DfID, OECD INCAF, the World
Bank and UN partners.
2. Actively participate in joint initiatives (i.e., Achieved 2009 saw an increase in the number of joint initiatives with DPKO in Chad, Guinea,
joint planning missions; technical assessment Guinea Bissau, Liberia, Sudan, Haiti, Timor Leste and Somalia. UNDP/BCPR was
missions; joint programmes) on rule of law, also involved from the early stages in the conception and implementation of
justice and security with other UN agencies (i.e. Peacebuilding Fund projects related to justice and security, e.g. Comoros, Guinea
DPKO, UNIFEM, OHCHR, UNODC, UNFPA, Conakry, Liberia.
UNHCR).
3. Roll-out the Access to Justice Rapid Partially Financial support provided to Protection Cluster Working Group to roll-out the
Participatory Assessment Tool for IDPs Achieved Access to Justice Rapid Participatory Tool for IDPs in priority countries.
developed by the IASC Protection Cluster‘s sub-
working group on rule of law.
4. Launch a joint UNIFEM/BCPR partnership in Achieved Memorandum of understanding signed in January 2009 and 3 pilot programmes
working on women‘s access to justice in conflict have been initiated. Joint assessment missions were conducted to Nepal and Uganda.
and post-conflict settings. Undertake joint New programmes were established in Nepal and Colombia, while formulation of
assessment missions in three pilot countries, the joint programme in Uganda was initiated. A joint mission to Afghanistan was
namely Afghanistan, Nepal and Uganda with a postponed for security reasons.
view to develop country programming.

73
ANNEX 3: Global Programme Areas, Outputs and UNDP Strategic Plan Outcomes

RULE OF LAW GLOBAL PROGRAMME:

Overall Objective: Strengthen UNDP‘s capacity to support and empower national stakeholders to address rule of law challenges
in conflict and post-conflict situations and lay the foundations for long-term development in the rule of law sector.

Specific Objective: Strengthen the Rule of Law in 20 priority countries during the period 2008 - 2011.

Programme Area 1: Programme Area 2: Programme Area 3: Programme Area 4: Programme Area 5:

Strengthening the Addressing Women‘s Supporting Capacity Facilitating Promoting

Rule of Law within Security and Access Development of Rule Transitional Justice. Confidence Building
an Early Recovery to Justice. of Law Institutions. and Reconciliation.
Framework and
during Transitions.

Output 1: Output 2: Output 3:

Rapidly and Produce high quality Actively contribute to

effectively respond to and relevant policy integrated and
programme countries guidelines and coherent UN system-
in providing Rule of knowledge products wide assistance and
Law assistance in directly linked to in- coordination on Rule
conflict and post- country programming. of Law.
conflict situations.

UNDP STRATEGIC PLAN:

Focus Area 3 : CPR Goal 3 : Advance Human development by strengthening national and local
capacities to prevent, mitigate and recover from the effects of violent conflicts and natural disasters.

Outcome 3: Outcome 4: Outcome 7: Outcome 8:

Strengthened national Early post-crisis Gender equality and Restored post-crisis

capacities including resumption of local women‘s community security
the participation of governance functions empowerment and social cohesion at
women, to prevent, to facilitate recovery. enhanced in post- local level.
reduce, mitigate and disaster and post-
cope with the impact conflict situations.
of violent conflict.

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www.undp.org/cpr

75