Justice Reform

The justice sector comprises all the agencies and actors, both state and non-state, that are central to resolving conflicts arising over alleged violations or different interpretations of the rules. This definition encompass not only the administration of justice by courts or alternative dispute resolution mechanisms, but also the authorities and institutional relationships that directly support the administration of justice - whether by activities preceding (criminal investigation, legal aid etc.) or those deriving from court decisions (civil and criminal enforcement systems etc.) – as well as the institutions involved in the oversight of justice.
Security and justice are inseparable. A strict delineation of both of Justice and Security as distinct stand-alone sectors can have disembedding effects, thus disconnecting reform efforts from a broader rule of law framework which provides functionality, legitimacy, and checks and balances. A strong rule of law helps prevent and mitigate violent crime and conflict by providing legitimate processes for the resolution of grievances and disincentives for crime and violence. Without a genuine rule of law framework, security providers run the risk of being unresponsive to democratic oversight as well as the needs of the people they serve, especially marginalised groups and communities, since they cannot be held accountable for their own actions (corruption, abuse, misconduct) or those of others (through effective law enforcement and crime prevention).
The justice sector and how it interacts with the security sector is nonetheless a complicated and complex endeavour to understand. Rather than being a single, unified sector, it is in fact a series of related and mutually dependent systems composed of a number of different agencies and institutions, each of which has its own rationales, work cultures, and formal and informal principles. As a result, each body responds to a distinctive set of incentives and develops at its own, separate pace, although one that needs to be integrated into and is reliant on the greater whole. Strengthening one link in the criminal justice and security (CJS) chain in isolation may create pressures and fractures elsewhere. With this understanding, comes the need to adopt a systemic approach embracing the complexity of working across multiple institutions and at multiple levels and aiming at identifying the gaps and linkages between different parts of the system and appropriate entry points rather than addressing all the problems within a justice sector or working across all institutions. Analysing the dependencies and the effects of one part of the system onto other areas of the system will allow for better risk mitigation measures and plans for implementing desired reforms.
In most of the world, the vast majority of people access security and justice through traditional, customary or other non-state means. Consideration for customary justice therefore is part of a holistic understanding of the security and justice needs of a country, just as a gendered analysis of those needs is equally important to arriving at a full understanding.
Selected Resources
- UNODC Tools and Resources for Criminal Justice Reform - A comprehensive list of UN Tools and Publications on Criminal Justice Reform.
- DCAF Justice Reform and Gender Tool - This Tool is part of the DCAF, OSCE/ODIHR, UN Women Gender and Security Toolkit. It presents case studies from around the world plus an institutional self-assessment checklist.
- DANIDA How to Note: Justice Sector Reform - Danish Development Cooperation provides hands-on guidance and inspiration on how to put strategic priorities into practice.
- World Bank Justice Reform Projects - The World Bank Group provides funding as well as analytical and advisory work for justice reform, tailored towards country specific needs and contexts.
- Initiatives in Justice Reform 1992-2012 - A compendium of World Bank-financed activities since 2000 highlight the breadth of the Bank's work in this critical field of development.
- Handbook for Monitoring Administrative Justice - An overview of main fair trial rights and OSCE commitments applicable to judicial hearings within administrative justice.
ISSAT Knowledge Products
Our methodology and guidance takes into account good practice gathered by ISSAT and other practitioners during security and justice programming. ISSAT Knowledge Products include explanations of key concepts, recommended activities, and a constantly growing collection of case studies, tools, examples and lessons.
- What Works in International Security and Justice Programming? - Research paper
- Ten Tips for Criminal Justice System Development - Blog
- Customary Justice - Principle in Practice page
In most of the world, the vast majority of people access security and justice through traditional, customary or other non-state means. Consideration for customary justice therefore is part of a holistic understanding of the security and justice needs of a country.
Selected ISSAT Justice and Rule of Law Mandates
ISSAT mandates in justice range from support in justice programming to evaluations of projects carried out by governing board members, trainings and facilitation of multilateral discussions on rule of law and justice reform.
- Evaluation of the Albanian-Swedish Juvenile Justice Programme, Mandated by Sweden, 2019
- Mid-term review of the project “Introduction of a Full-Scale Probation Service in Ukraine", Mandated by Norway, 2019
- Mid-term Evaluation of the UNDP/MINUSCA Joint Project in support to the SCC in CAR, Mandated by the UNDP, 2018
- Albania Juvenile Justice Baseline Study, Mandated by Sweden, 2017
- Mapping Donor Support to the Justice Sector in Nepal, Mandated by Norway, 2017
- Study on Legal Aid in Haiti - Bureaux d’Assistance Légale (BAL) : Lessons Learned, Mandated by the UN, 2017
- Final Evaluation of UNDP 'Rule of Law and Justice' Project in Guinea-Bissau, Mandated by the UN, 2016
- Facilitation of UNHCR workshop on Rule of Law, Mandated by the UN, 2016
- Strategic Meeting of Heads of Justice and Corrections Components in United Nations Peace Operations, Mandated by the UN, 2016
- Project Identification for an EU programme to support the reform of the Justice Sector in Guinea Bissau, Mandated by the EU, 2016
- Review of the Norwegian Mission of Rule of Law Advisers to Moldova (NORLAM) Justice Conference, Mandated by Norway, 2015
- Evaluation of the Commission against Impunity in Guatemala (CICIG), Mandated by the UN, 2015
- Training on Justice and Security Sector Reform (JSSR) The Norwegian Rule of Law Response Pool, Mandated by Norway, 2015