rule of law coordination and resource group newsletter

8
on 24 September at the United Naons Headquar- ters. Close to 70 Member States and observers ad- dressed the Assembly and an important Declaraon was adopted by the Heads of State and Government. It establishes a common understanding of the scope of the rule of law, ranging from peaceful selement of disputes among States to access to jusce for vulnerable groups, as well as sets out important definional elements. Other highlights of the Declaraon include the call for the inter- relaonship between the rule of law and the three pillars of the United Na- ons to be further devel- oped. The Secretary- General will propose ways to further develop such linkages in his report to the General Assembly dur- ing the 68 th Session. In addion, over 40 Mem- ber States and observers made more than 250 pledges on how they would further strengthen the rule of law domescal- ly or by supporng other Member States and ac- tors. As the Secretary- General has stated, this The rule of law is of fun- damental importance for polical dialogue and cooperaon among all States, as well as for the strengthening of the three main pillars of the United Naons: internaonal peace and security, hu- man rights and develop- ment. At the internaonal level, the rule of law provides predictability and legima- cy to the acons of States, strengthens their sover- eign equality and under- pins the responsibility of a State to all individuals within its territory and subject to its jurisdicon. Full implementaon of the obligaons set forth in the United Naons Charter and in other internaonal instruments, including the internaonal human rights framework, is central to collecve efforts to main- tain internaonal peace and security, effecvely address emerging threats and to ensure accountabil- ity for internaonal crimes. At the naonal level, inclu- sive and accountable ins- tuons that demonstrate equitable applicaon of the rule of law are crucial for conflict prevenon and post-conflict peacebuild- ing efforts. Interconnected threats such as organized crime, trafficking and ter- rorism undermine interna- onal security and devel- opment and require effec- ve rule of law instru- ments at the naonal, regional and global levels. The rule of law further provides the backbone for the protecon of human rights, and it also has strong linkages with sus- tainable development. In recognion of this key role, the General Assem- bly held a High-level Meeng on the rule of law Message from the Chair Rule of Law Coordination and Resource Group Content Message from the Chair Updates from the members of the Rule of Law Coor- dinaon and Re- source Group Update: The High- level Meeng on the Rule of Law, 24 September 2012 Second UN Uni- fied Rule of Law Training session organised in Turin Voices from the RoLCRG: Partners in law: Legal help leads to brighter futures for Tajikistan’s rural women Issued by the Rule of Law Unit 1 February 2013 No. 2/2013 meeng was a mile- stone and we look for- ward to building on the momentum that it gen- erated. As Chair of the Group, I hope that you enjoy reading this second edion of the News- leer. Deputy Secretary-General Jan Eliasson The aim of this Newsleer is to increase awareness among Member States and the United Naons system on the acvies of the of the members of the Rule of Law Coordinaon and Resource Group.

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Page 1: Rule of Law Coordination and Resource Group Newsletter

on 24 September at the United Nations Headquar-ters. Close to 70 Member States and observers ad-dressed the Assembly and an important Declaration was adopted by the Heads of State and Government. It establishes a common understanding of the scope of the rule of law, ranging from peaceful settlement of disputes among States to access to justice for vulnerable groups, as well as sets out important definitional elements. Other highlights of the Declaration include the call for the inter-relationship between the rule of law and the three pillars of the United Na-tions to be further devel-oped. The Secretary-General will propose ways to further develop such linkages in his report to the General Assembly dur-ing the 68th Session.

In addition, over 40 Mem-ber States and observers made more than 250 pledges on how they would further strengthen the rule of law domestical-ly or by supporting other Member States and ac-tors. As the Secretary-General has stated, this

The rule of law is of fun-damental importance for political dialogue and cooperation among all States, as well as for the strengthening of the three main pillars of the United Nations: international peace and security, hu-man rights and develop-ment.

At the international level, the rule of law provides predictability and legitima-cy to the actions of States, strengthens their sover-eign equality and under-pins the responsibility of a State to all individuals within its territory and subject to its jurisdiction.

Full implementation of the obligations set forth in the United Nations Charter and in other international instruments, including the international human rights framework, is central to collective efforts to main-tain international peace and security, effectively address emerging threats and to ensure accountabil-ity for international crimes.

At the national level, inclu-sive and accountable insti-tutions that demonstrate equitable application of the rule of law are crucial for conflict prevention and post-conflict peacebuild-ing efforts. Interconnected threats such as organized crime, trafficking and ter-rorism undermine interna-tional security and devel-opment and require effec-tive rule of law instru-ments at the national, regional and global levels. The rule of law further provides the backbone for the protection of human rights, and it also has strong linkages with sus-tainable development.

In recognition of this key role, the General Assem-bly held a High-level Meeting on the rule of law

Message from the Chair

Rule of Law Coordination and Resource Group

Content

Message from the Chair

Updates from the members of the Rule of Law Coor-dination and Re-source Group

Update: The High-level Meeting on the Rule of Law, 24 September 2012

Second UN Uni-fied Rule of Law Training session organised in Turin

Voices from the

RoLCRG: Partners in law: Legal help leads to brighter futures for Tajikistan’s rural women

Issued by the Rule of Law Unit

1 February 2013

No. 2/2013

meeting was a mile-stone and we look for-ward to building on the momentum that it gen-erated.

As Chair of the Group, I hope that you enjoy reading this second edition of the News-letter.

Deputy Secretary-General Jan Eliasson

The aim of this Newsletter is to increase awareness among Member States and the United Nations system on the activities of the of the members of the Rule of Law Coordination and Resource Group.

Page 2: Rule of Law Coordination and Resource Group Newsletter

DPKO

On 26 July, the Corrections Advisory Section (CAS) of the Rule of Law and Security Institutions Support Office (ROLSISO) of UNMISS held a colour-ful medal parade to honour 59 Gov-ernment-provided Corrections Offic-ers, representing 14 countries, at the halfway mark of their twelve-month secondment to UNMISS. This was the first time such a corrections medals parade was organised in the mission. The ceremony was headed by DSRSG Zenenga and the Director General of the National Prisons Ser-vice of South Sudan (NPSSS), Lt. Gen-eral Makoi Wol. Further attendees included the Heads of Corrections and Prisons from Fiji, Ghana, Kenya, Namibia, Nigeria, Uganda, Zambia and Zimbabwe, as well as the Presi-dent of the International Corrections and Prisons Association (ICPA), Mr. van der Sande. DSRSG Zenenga com-mended the work of CAS, and in par-ticular its seconded officers, in sup-port of NPSSS. He further encour-aged the attending Heads of Correc-tions and Prisons to continue their assistance by providing additional seconded officers with specialized skill sets (e.g. engineering) to UN-MISS. Moreover, the NPSSS Director General expressed his gratitude for the effective role played by UNMISS in addressing the complex set of challenges related to prison reform in South Sudan.

The Swedish Prison and Probation Service, under the auspices of UN-MISS, organized a two-week train-ing course in sewing skills for ten Juba Prison officers and four female inmates completed from 14 to 25 May. Participants received instruc-tion in the use of a sewing needle, the threading of a sewing machine and the making of a dress based on a pattern. National Prisons Service of South Sudan Director General Lt.

Gen. Abel Makoi Wol said that the training would advance the rights of the female prisoners, who often number among the most vulnerable members of society. UNMISS Senior Corrections Advisor Richard Kuuire noted that the role of a prison ser-vice goes beyond that of mere incar-ceration. “Our role is to rehabilitate people who are imprisoned,” he said. “In a country like this where there are no jobs, (there is a need) to teach these women skills (they can use) when they come out.”

The initiative is the fruit of a project started by UNODC in 2009 when it donated sewing machines to prisons in Juba, Bor, Wau and Malakal. To date, UNODC has donated 13 sewing machines to those facilities.

Juba Prison authorities set aside a room for the training course while the UNMISS-sponsored Swedish Pris-on and Probation Service donated fabric as well as sewing items like needles and thread. The inmates are expected to use their newfound skills to produce an estimated 800 uniforms for their fellow female pris-oners. The participating prison offic-ers will also serve as trainers for oth-er inmates.

Further Enhancement of the Train-ing for Judicial Affairs Officers: For the fifth iteration of DPKO’s Rule of Law Training for Judicial Affairs Offic-ers in UN Peacekeeping Operations, held in Nairobi, Kenya from 29 April to 5 May 2012, CLJAS/OROLSI/DPKO piloted a one-day simulation exer-cise, giving the participants an op-portunity to apply the knowledge and skills acquired during the course. The simulation exercise was well-received and will form a regular part of the course in the future.

The exercise confronted the partici-pants with some of the most chal-

lenging rule of law issues currently faced by mission justice components. The role-playing segment of the ex-ercise was followed by sessions in which the participants, working in groups, reviewed and analyzed the issues that arose and then presented their analysis in a plenary discussion.

As in past iterations of the course, participants and instructors came from a broad range of UN entities, Member States, and other entities. The 34 participants included judicial affairs officers and human rights officers from eight DPKO-led and four DPA-led missions, as well as representatives from UN Women, UNICEF, UNODC and the Rule of Law Unit. Member State observers attended from Canada, Germany and Libya. Representative or resource persons attended from the Interna-tional Security Sector Advisory Team (ISSAT), Geneva Centre for Demo-cratic Control of the Armed Forces (DCAF), as well as from Istanbul Bilgi University, the IPSTC, and the Re-gional Peacekeeping Training Centre of the Southern African Develop-ment Community (SADC).

The course, conducted at the Inter-national Peace Support Training Cen-ter (IPSTC) in Nairobi, was jointly organized and facilitated by CLJAS, ZIF (the German Center for Interna-tional Peace Operations), and IPSTC, with funding from Germany, Canada and the United Kingdom. CLJAS de-signed the simulation exercise with the support of the United Kingdom. This course has been conducted twice a year, beginning in 2010 and was last held in Nairobi from 7 to 13 October 2012 (sixth iteration).

As a follow-up to the International Corrections in Peacekeeping Confer-ence held in Berlin on 20 and 21 June, DPKO and the Special Rappor-teur on Prisons and Conditions of

Rule of Law Coordination and Resource Group Page 2

Updates from Members of the Rule of Law Coordination and Resource Group

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Detention in Africa discussed possi-bilities to collaborate in addressing some of the challenges faced by cor-rections components in peace opera-tions. In order to strengthen the cor-rections systems in the respective countries, the Special Rapporteur and colleagues from the peacekeep-ing missions in South Sudan (UNMISS), Darfur (UNAMID) and the Democratic Republic of Congo (MONUSCO), during the African Cor-rectional Services Association confer-ence scheduled to take place in Oc-tober 2012 in Kampala, Uganda, will work on developing a draft protocol on Prisons and Corrections in Post Conflict Countries for the considera-tion of the African Commission of Human and Peoples’ Rights.

OLA

The third edition of the UNCITRAL Digest on the UN Convention on Contracts for the International Sale of Goods and the first UNCITRAL digest of Case Law on the Model Law on International Commercial arbitration have been published and made available for free on the UN-CITRAL website. The UNCITRAL di-gests are a compilation or world-wide court and arbitral decisions on UNCITRAL texts.

They identify trends in the interpre-tation of UNCITRAL standards and by doing so they serve as readily availa-ble tools for building local capacity of judges, arbitrators and other legal practitioners to better understand international commercial law stand-ards and apply them in an uniform way. In this respect, they play a sig-nificant role in the fulfillment by States of their obligations under in-ternational commercial law treaties and other instruments to interpret those instruments with regard to their international origin and to the need to promote uniformity in their application and the observance of good faith.

Anniversary of the opening for sig-nature of the United Nations Con-vention on the Law of the Sea, 10 December 1982 to 10 December 2012 A great milestone was reached on 10 December 2012, which marked the 30th Anniversary of the opening for signature of UNCLOS. A number of activities were held over the course of the anniversary year to commemorate this important mile-stone. UNCLOS was opened for sig-nature in Montego Bay, Jamaica, on 10 December 1982. This marked the culmination of close to twenty-five years of negotiations since the inter-national community first expressed, in 1958 at the First United Nations Conference on the Law of the Sea, its collective will to establish a compre-hensive regime for the oceans and seas. As many as 119 States signed UNCLOS on the day of its adoption, making UNCLOS a living monument to international cooperation. On 16 November 1994, UNCLOS entered into force . To date, it unites 165 parties, including the European Un-ion. UNCLOS contains provisions that reflect customary international law which are, therefore, also binding on States that have not become party to the Convention. Today, UNCLOS is widely known as “the constitution for the oceans. One of the fundamental notions en-shrined in UNCLOS is that all prob-lems of ocean space are closely inter-related and need to be addressed as a whole. The obligations incumbent upon all States to protect and pre-serve the marine environment illus-trate the notion of interconnected-ness among the various issues relat-ed to ocean space. UNCLOS has been supporting sustainable devel-opment: States reap the benefits from the resources of the seabed, they manage the living marine re-sources, and they preserve the ma-rine environment. This, in turn, helps States and communities to

address their needs for energy and nutrition. Over the past three decades UNCLOS has given the world real results, in-cluding through the three institu-tions established in accordance with its provisions. These are the Interna-tional Tribunal for the Law of the Sea, the International Seabed Au-thority, and the Commission on the Limits of the Continental Shelf. Commemorative Activities During the twenty-first Meeting of States parties to the Convention held from 4 to 11 June 2012, a Declara-tion on the thirtieth anniversary of the opening for signature of the 1982 United Nations Convention on the Law of the Sea was adopted. In the Declaration States Parties “recognised the pre-eminent contri-bution provided by UNCLOS to the strengthening of peace, security, cooperation and friendly relations among all nations in conformity with the principles of justice and equal rights and to the promotion of the economic and social advancement of the UN as set forth in the Charter, as well as to sustainable development of oceans and sea. The International Seabed Authority during its eighteenth session held a special session of the Assembly on 24 July 2012 to commemorate the thirtieth anniversary of the Conven-tion, and to pay tribute to those who worked for its successful adoption.

An international conference “Commemorating the 30th Anniver-sary of the Opening for Signature of the United Nations Convention on the Law of the Sea” was held at the Yeosu World Expo, Republic of Ko-rea, on 12 August 2012. The Confer-ence was co-sponsored by the Unit-ed Nations (Division for Ocean Affairs and the Law of the Sea, Office of Legal Affairs), the Ministry of Foreign

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Affairs and Trade of the Republic of Korea and the Korea Maritime Insti-tute, in cooperation with the Organ-izing Committee for the Expo 2012 Yeosu Korea. The Conference was attended by the Secretary-General of the United Na-tions, Mr. Ban Ki-moon, and the Le-gal Counsel of the United Nations, Ms. Patricia O’Brien. Participants at the Conference also included former representatives of States from the Asian region that had participated in the Third United Nations Conference on the Law of the Sea. During the Conference, the Secretary-General launched his “Ocean’s Com-pact” which is a new initiative to strengthen United Nations system-wide work on oceans matters and support the implementation of the Law of the Sea. It sets out a strategic vision for the UN System to deliver more coherently and effectively on its oceans-related mandates, con-sistent with the Rio+20 outcome. It also provides a platform for all stake-holders to collaborate towards achieving “Healthy Oceans for Pros-perity.

On 10 December 2012, the General Assembly held a special session dedi-cated to the commemoration of the 30th anniversary of the opening for signature of UNCLOS. The session was highlighted by speeches by the Secretary-General, the President of the General Assembly, representa-tives of the three institutions created by UNCLOS (the International Seabed Authority, the Commission on the Limits of the Continental Shelf, and the International Tribunal for the Law of the Sea) and the International Court of Justice. The commemoration of the thirtieth anniversary of the Convention pro-vided a unique opportunity to assess the status of its implementation,

bearing in mind the challenges in its application, at the national and re-gional levels. Nevertheless, the over-arching significance of UNCLOS for the strengthening of international peace and security as well as for con-certed action towards sustainable development of the oceans and seas cannot be underestimated.

UNHCR

UNHCR has issued an Internal Office Memorandum and developed a con-cept note on Access to Justice for victims of sexual and gender-based violence. As part of its international protection mandate, UNHCR as-sumes a supportive role, assisting States to meet their international legal responsibilities and satisfy the requirements of rule of law, ensuring that refugees, internally displaced and stateless victims of SGBV have access to existing justice mecha-nisms. The note is aimed at clarifying how UNHCR can strengthen its efforts to ensure that justice is more accessible to all SGBV victims at all stages of the displacement cycle, being such efforts a crucial aspects of UNHCR's effective response to and prevention of SGBV.

UNHCR brought the High-Level event of the GA on the Rule of Law and its pledging process to the attention of its Regional Bureaux, Country Offices and States counter-parts. UNHCR encouraged concerned States to make pledges on particular rule of law areas relevant to the pro-tection of refugees, internally dis-placed and stateless persons (i.e. particularly in relation to accession to the relevant conventions, reform of nationality laws to prevent and reduce statelessness, action on inter-nally displaced, adoption/amendment of legislation relating to refugees, etc.); and it encouraged Governments that did not make pledges at UNHCR's Ministerial

Meeting in December 2011, but which had indicated an interest in taking an action on statelessness, refugees or internally displaced per-sons to take advantage of the pledg-ing process at the High-Level meeting on the rule of law.

UNODC

UNODC and UNICEF organised a workshop in Vienna on 27-29 June, 2012 to promote the use of the UNODC/UNICEF training package on working with child victims and wit-nesses of crime. 27 Representatives of 10 CEE/CIS Countries (Albania, Bulgaria, Croatia, Georgia, Kyrgyz-stan, Macedonia, Montenegro, Ser-bia, Turkey and Uzbekistan) have participated in the workshop and are now familiar with the main aspects of the “Online Training Package”.

The package is based on the UN Guidelines on justice in matters in-volving child victims and witnesses of crime (2005) and is designed to assist professionals who work with child victims and child witnesses in their daily practice and to encourage the development of a fair, effective and child sensitive justice system that safeguards the rights of child victims and child witnesses at all stages of the justice process.

The package is an online programme that allows professionals to acquire the necessary knowledge, skills and attitudes concerning child victims and child witnesses through their own computer in their own time and place, without the assistance of a facilitator. It is accessible at http://www.unodc.org/justice-child-victims/

Joint UNODC-OHCHR and SRSG on VAC Report on Prevention of and Responses to Violence Against Chil-dren within the Juvenile Justice Sys-tem. With Resolution 18/12 of 24 September 2011, the Human Rights Council invited OHCHR, UNODC, and

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the Special Representative of the Secretary-General on Violence Against Children to collaborate in the organization of an expert consulta-tion on the prevention of and re-sponses to violence against children within the juvenile justice system and to submit a report thereon.

The expert consultation took place on 23-24 January 2012 in Vienna. The resulting "Joint Report on Pre-vention of and Responses to Vio-lence Against Children within the Juvenile Justice System" was pre-sented during the session of the Hu-man Rights Council in September 2012, and a side event during the 67th GA in October 2012 was jointly organised to present the results of the initiative and to promote discus-sion.

The UNODC and the National Insti-tute of Statistics and Geography of Mexico (INEGI) joined efforts to cre-ate a global forum to discuss meth-odology for the generation and analysis of crime statistics. On 22-24 May 2012 the first international con-ference on statistics government, public security, victimization and justice was organized in Aguascalien-tes, Mexico. The conference brought together about 400 people from 30 countries from national statistical offices, national police and criminal justice institutions, research insti-tutes, and international organiza-tions. The speakers discussed the need to collect, disseminate and ana-lyze reliable, scientific, and standard-ized data to support the design, monitoring and evaluation of pro-grammes to prevent and fight crime. The conference reviewed different data collection systems based on recorded crime (police, prosecution, court, and prison statistics) and vic-timization surveys (covering house-holds and businesses). Discussions also focused on how emerging forms of crime such as organized crime,

corruption, and financial crime can be better measured.

The Conference was organized with-in the activities of the UNODC-INEGI Center of Excellence in Statistical Information on Government, Public Security, Victimization and Justice based in Mexico City. The Center focuses on strengthening processes of statistics production and analysis on subjects regarding government, public security, crime, victimization and justice mainly in Latin America. This is achieved through the supply of tools for data collection and analy-sis, organization of training seminars, creation of statistical knowledge, promotion of methodology and in-ternational standards as well as the development of research publica-tions.

UN WOMEN

UN Women in partnership with the Women’s Initiatives for Gender Jus-tice convened a symposium entitled “Strengthening Gender Justice through International Prosecu-tions,” 6-7 September 2012, in The Hague, The Netherlands. 2012 marks the 10 year anniversary of the Rome Statute entering into force. The ad hoc tribunals for Rwanda and the former Yugoslavia and the Spe-cial Court for Sierra Leone are in the final stages of their mandates and the International Criminal Court has just appointed a new chief Prosecu-tor. The Symposium evaluated and reflected upon the challenges, pro-gress and lessons learned in deliver-ing international justice from the perspective of multiple stakeholders and considered the achievements and challenges in prosecuting gender-based crimes and to making justice accessible for, and enabling the par-ticipation of, victims/survivors. More broadly, the Symposium examined the legacy of this field to date from a gender justice perspective. Partici-

pants included senior decision-makers and practitioners from the ICC and the other international courts; States Parties; UN represent-atives; donors; academics; and wom-en’s rights and justice actors from communities affected by armed con-flicts under ICC investigation.

UN Women in partnership with Jus-tice Rapid Response and the Insti-tute for International Criminal Inves-tigations (IICI) is currently hosting a second training course on “Investigating Cases of Sexual and Gender-based Violence as Interna-tional Crimes”. The goal of the train-ings is to increase the pool of experts that can be rapidly deployed to lead and participate in investigations into conflict-related gender-based crimes. These trained experts will become part of the Justice Rapid Response roster and will be available for rapid deployment by states, as well as the UN and other international institu-tions with the jurisdiction to carry out such investigations. The first course took place in The Hague the week of September 10th.

The Training Courses are conducted by the Institute for International Criminal Investigations (IICI) and con-sist of a 5 day training covering is-sues including international criminal law; sexual and gender based crimes in the context of international hu-manitarian law; sexual and gender based crimes as part of investigation planning and as part of truth-seeking mechanisms; approaches to these crimes by the International Criminal Court (ICC) and other international justice mechanisms; witness trauma and witness management, protec-tion, and psychosocial support; and interviewing skills.

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Rule of Law Coordination and Resource Group Page 6

High-level Meeting on the Rule of Law, 24 September 2012

The High-level Meeting of the 67th Session of the General Assembly on the Rule of Law at the National and International Levels took place at the UN Headquarters in New York on 24 September 2012.

Heads of State and Government adopted a Declaration on the rule of law, reaching a common understand-ing on definitional elements as well as setting out the full scope of the rule of law, from the peaceful settlement of international disputes to providing justice for vulnerable groups. The Declaration stressed the inter-relationship between the rule of law and the three pillars of the UN: peace and security, devel-opment and human rights.

Underscoring this, the Declaration requests that the rule of law be con-sidered in the post-2015 development agenda. In order to further develop the linkages between the three pillars

of the United Nations, the Declaration requests that the Secretary-General, with wide stakeholder participation, to submit a report to the General As-sembly on ways and means of doing so.

The Declaration acknowledges the many pledges received, aimed at strengthening the rule of law, and encourages more pledges to be made in the future. The number of pledges received was beyond expectations. The 40 Member States and Observers that used the occasion of the meeting to make over 250 pledges are: Argentina, Australia, Austria, Belgium, Bulgaria, Chile, Costa Rica, Czech Republic, Denmark, Estonia, Finland, France, Georgia, Germany, Greece, Hungary, Ireland, Italy, Latvia, Liberia, Liechtenstein, Luxembourg, Maldives,

Mexico, Netherlands, Nigeria, Norway, Romania, Peru, Poland, Slovakia, Slovenia, Sweden, Switzerland, Tanzania, Thailand, the United States of

America, Uruguay, the European Union and the International Development Law Organization. The submitted pledges can befound at: www.unrol.org.

A view of the presidential podium of the GA Hall as the Secre-tary-General (left) addresses the High-level Meeting on the Rule of Law. Also shown: Vuk Jeremić (centre), President of the 67th Session. 24 September 2012 , UN Photo/Rick Bajornas

United Nations to help extend legal aid in the criminal justice system

In justice matters, access to legal aid can tip the balance significantly; in some cases it can be a matter of life and death. Every person going though a criminal trial - not only the accused but also victims of crime - needs access to legal information and legal assistance in order to know and attain his or her rights.

Recognizing this, the Economic and Social Council followed the United Nations Commission on Crime Pre-vention and Criminal Justice and adopted the first international in-strument exclusively dedicated to legal aid: the United Nations Princi-ples and Guidelines on Access to Legal Aid in Criminal Justice Sys-tems, which has been approved by

the General Assembly on December 20th 2012.

The Commission recognized that legal aid is an essential element of a fair, humane and efficient criminal justice system that is based on the rule of law. It is the foundation for the enjoyment of other rights, in-cluding the right to a fair trial, and an important safeguard that ensures fundamental fairness and public trust in the criminal justice process.

The United Nations Principles and Guidelines on Access to Legal Aid in Criminal Justice Systems are aimed at ensuring that suspects, detainees, and accused and imprisoned persons have access to legal aid. The efficient provision of legal aid is also central

to reducing pretrial detention, safe-guarding the rights of victims, guar-anteeing the best interests of chil-dren who come into contact with the criminal justice system and ensuring access to justice for the most vulner-able and marginalized groups.

The Principles and Guidelines estab-lish that States should consider the provision of legal aid as their respon-sibility and should put in place a comprehensive legal aid system that is accessible and effective, has a na-tionwide reach and is available to all without discrimination.

The Principles and Guidelines were developed under the auspices of UNODC, with active contribution from UNDP, UNICEF, OHCHR and UN.

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Partners in law:

Legal help leads to

brighter futures for

Tajikistan’s rural women

For Maksad Nodirova, 58, legal aid has meant more than a financial foothold in rural Tajikistan. It has helped her forge a path through trauma, disempowerment and loss – and emerge both a breadwinner and business-woman.

This September, in the lead up to the UN General Assembly’s first dedicated High-level Meeting on the rule of law, UN Women has been working to highlight the gains that follow when women are equal-ly engaged in their country’s legal framework. The story of this Tajik grandmother and the UN Women programme that assisted her – now a country-wide initiative funded by the government – brings this potential home.

As a mother of five and wife of an ill husband, Maksad had worked on collective farms for much of her life. She married and became a mother at 16, arranging the same for her two eldest daughters when she couldn’t pay for their further educa-tion. Yet her burden was eased only briefly. Within five years her eldest daughter had died, leaving Maksad with the care of three young grand-

children. Another was soon divorced by her husband and moved home with her two children, believing that she had no access to alimony or housing rights.

Following the advice of a neighbour, Maksad first sought out her local ‘District Task Force’ (DTF) in 2008. Developed from a small pilot cluster of centres in 2003 by the Committee on Women and Family Affairs, an NGO, with the support of the gov-

ernment and UN Women, the task force is one of 72 centres across the country that dispense free advice on issues from family law, civic codes and land rights, to social protection. Over 70% of its clients are women in rural areas.

Maksad emerged from her first ap-pointment with a newfound interest in Tajikistan’s legal system, and a newfound faith in her ability to use it. Over the next four years, task force lawyers guided her through the legalities of guardianship and boarding schools fees. When she was allocated a hectare of a collec-

tive farm, they gave her advice on how to register it as her own. Through DTF seminars and trainings she learned how to better cultivate crops and manage the land.

Today Maksad is one of 500 women DTF clients who run their own farms. She produces two harvests each year and has provided each of her work-ing family members with jobs and stable incomes. “We only buy meat, sugar, some fruit and sweets,” says

Rahima, one of her daughters. “We sell vege-tables grown in our farm in cen-tral market, and from this in-come we cover other farm’s expenses.” She recently bought the family their first car.

And life contin-ues to look up for the family. Earlier this month Maksad

was told by a DTF lawyer that the state will financially contribute to the care of her orphaned grandchil-dren. “I am one of those women who has started to believe in life again,” she says.

The task forces, now state-run with UN Women support, report a 70 per cent success rate for their clients, on average. As they branch farther into remote or rural neighbourhoods, they will continue to ensure that more women understand the law as it can be, a path to independence and empowerment.

Voices from the RoLCRG

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Under the ultimate authority and direction of the Secretary-General, responsibility since 2007 for the overall coordination and coher-ence of rule of law within the United Nations system rests with the Rule of Law Coordination and Resource Group (RoLCRG). The institutional arrangements around the rule of law, including the man-date of the RoLCRG were recently reviewed and amended by the Policy Committee in September 2012.

The RoLCRG continues to be chaired by the Deputy Secretary-General, who is also responsible for leading the UN system as a whole on matters related to the rule of law, as well as being the primary interlocutor with Member States and other external actors on strategic issues of system-wide relevance. As a result of Septem-ber’s Policy Committee decision, the RoLCRG’s strategic role has been strengthened, and it is re-sponsible for discussing strategic challenges, agreeing on broad, system-wide directions and ensur-ing as strategic approach by the Organization on the rule of law. Members of the RoLCRG are the principals of the Department of Political Affairs (DPA), the Depart-ment of Peacekeeping Operations

(DPKO), Office of the High Commis-sioner for Human Rights (OHCHR), the Office of Legal Affairs (OLA), United Nations Development Pro-gramme (UNDP), the Office of the United Nations High Commissioner for Refugees (UNHCR), the United Nations Children's Fund (UNICEF), the United Nations Entity for Gen-der Equality and the Empower-ment of Women (UN Women) and the United Nations Office on Drugs and Crime (UNODC). The composi-tion of the RolCRG will be re-viewed, and entities such as the World Bank may be invited to join.

The decision of the Policy Com-mittee also reinforced the role of UN field leadership to lead a dia-logue with national counterparts on strengthening the rule of law, and to coordinate UN entities in-country working on rule of law issues. Implementation of specific programmes remains squarely with the individual UN entities. This new approach replaces the previous system of lead UN enti-ties, empowered to coordinate the UN system on specific thematic issues.

Operational support to field lead-ership and to individual entities working in post-conflict and other crisis situations in the police, jus-tice and correction areas of the

rule of law will be provided by DPKO and UNDP through the new-ly constituted Global Focal Point arrangement. This arrangement will provide timely and quality po-lice, justice and corrections assis-tance in terms of global knowledge, people and advice on assessments, planning, funding and partnership, and will commit to transparent, country-driven measurement of this service. Aside from strategic planning in the rule of law area, and strength-ening the UN system’s dialogue with Member States and other external partners on rule of law issues, the RoLCRG will continue to maintain a clearing house of infor-mation about who in the UN sys-tem provides what rule of law as-sistance as an information re-source for those inside and outside the UN system, as well as acting as a repository for UN system rule of law materials and best practices. The RoLCRG will also be looking to mobilize resources for UN rule of law activities. The Deputy Secretary-General and the RoLCRG are supported by the Rule of Law Unit, located in the Executive Office of the Secretary-General.

Rule of Law Coordination and Resource Group Page 8

The UN’s new institutional arrangements in the Rule of Law

Rule of Law UnitRule of Law Unit

Executive Office of the SecretaryExecutive Office of the Secretary--General General

United Nations Headquarters United Nations Headquarters

First Avenue at 46th Street First Avenue at 46th Street

New York, NY 10017 USA New York, NY 10017 USA

For more information, visit us at www.unrol.org