Can HRBA & Access to Justice Improve the Quality of Service Delivery & Empower People?


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Can HRBA & Access to Justice Improve the Quality of Service Delivery & Empower People?

  1. 1. Can HRBA & Access to Justice Improve the Qualityof Service Delivery & Empower People?31 May 2012, BratislavaA.H. Monjurul Kabir, Human Rights & Justice Adviser, UNDP in Europe & CISTwitter:@mkabir2011 United Nations Development Programme
  2. 2. No Easy Answer - the GovernanceScenarioAcross the region, persistent governance deficits arereflected by:Shrinking democratic space-limited CSO &YouthengagementsPoor legal and policy frameworksWeak institutional capacityLimited access to justice – Often Zero HRBA!Growing threats to human rightsRampant discrimination-Roma, PWD, MinorityLack of public accountability - NHRSPoorly conceived & implemented decentralizationConsequently lack of trust in public institutions & policies.
  3. 3. Why UNDP – UNDP BRC• Supporting human rights & justice systems so that they work for those who are poor and disadvantaged including young people.• Empowering the poor & disadvantaged to seek remedies for injustice, strengthening linkages between formal & informal structures, & countering biases inherent in both systems can provide A2J for those who would otherwise be excluded.- Exp. of Prof Yunus• UNDP is committed to using a human rights-based approach (HRBA) in its programming guided by international HR principles.• The need to focus on capacities to seek (rights holders) and provide remedies for injustice (duty bearers).• But a “one-size-fits-all” does not work. DGTTF Projects are cases in point.• Local actors must be involved from the start. “The aim must be to leave behind strong, inclusive, responsive local institutions when we depart”.
  4. 4. Challenges of Delivery & Empowerment Each Sub-region (CA -Uzbekistan, Tajikistan; WB-Croatia, Serbia, Kosovo, B&H, W-CIS, Moldova, Belarus, S-Caucasus- i.e., Georgia, Armenia, Azerbaijan), has their own sets of potentials & challenges. Examples: Excessive number of laws; formalistic and expensive legal procedures, lack of judicial services; absence of HRBA , no youth & CSO engagements Avoidance of the legal system due to economic reasons, fear, or a sense of futility of purpose- Lack of Legal Aid contributes to this. Case Study– A2J challenges in Central Asia (2011):  Unwillingness to involve others in solving disputes;  Poor knowledge of law;  Lack of resources;  Practical hurdles in using the courts (delays)  Corruption and perceived corruption  Systemic bias (i.e., gender) in the legal system;  Shrinking ability to access judicial services;  Limited public participation in reform programmes.
  5. 5. Where do People go to Access JusticeAccording to Caucasus Research Resource Center (CRRC, 2011): Example of chart placement
  6. 6. What we did in the past Policy Advocacy & Programming on HRBA & legalawareness, legal protection, legal aid, enforcement, etc.Focusing on ADRs and promote East-East knowledgesharing and transfer (Montenegro-Kosovo);Strengthening National Human Rights Institutions;Targeted Rule of Law & Justice programming respondingto country and/or sub-regional specific needs/demands Addressing the challenges of Social Exclusion;Developing Access to Justice wider team/CoP
  7. 7. What we want to achieve?2011-14Promoting Rule of Law – liked to our support for EU Accessionprocess (Croatia, Serbia)Widening Access to Justice – opening new frontiers of justice :Legal Aid, Legal Empowerment, New gender mechanisms, E-justice; Ensuring Social Inclusion of Minorities, Persons withDisabilities, Women, People living with HIV;Addressing challenges of informality-LEPJudicial Reforms: Linking Judicial Integrity & Independencewith A2J agenda Youth, Civil Society & Parliamentary engement
  8. 8. Our Strategic Priorities1.Strengthening national human rights system (NHRS) –2. Enhanced national engagement with international humanrights and justice principles (i.e., Bangalore Principles onJudicial Conduct etc.) Principles and mechanisms (i.e.,Quasi judicial bodies etc.)3. Access to Justice and Legal empowerment –supporting social inclusion agenda-minorities, genderequality, disability, HIV.4. Follow-up to the UPR Recommendations agreed byMember States
  9. 9. How we want to achieve?Creating space & awareness for disadvantaged &vulnerable groups leading to empowerment;Strengthening capacities of UNDP & national partners;Increased sub-regional support - enhanced flow of NHRIs& judicial services;Support to HRBA programming [HRBA Learning Forum]; Facilitating demand-driven, participatory regionalprogramming and linking regional projects with CO Rule ofLaw, HR & A2J projects/support{examples: Armenia,Croatia, Moldova, Uzbekistan, Georgia, Kosovo,Macedonia;
  10. 10. Cross-practice: closer integration among practices inprogramming (Gender, Capacity, Poverty), knowledge, andadvisory support.Linking formal and traditional justice deliverySystems (CA);Using regional Networks/CoPs as support infrastructurefor other networks; Stronger Networks, CoP backed byinformed analysis, social media connectivity, technicaladvice, and catalytic support;Reaching out to CO Projects & UNCT staff, & nationalpartners;UPR Follow-up Facility (UFF)-engagement of the younglawyers-human rights defenders;
  11. 11. Got Questions? THANK YOU