Impact

Profiles of Global Focal Point Support – Joint Rule of Law Engagements

In peacekeeping missions and transition settings, UNDP’s Global Programme works through the Global Focal Point for the Rule of Law to deliver integrated assistance with our UN partners. This section of the report highlights five contexts (Central African Republic, Democratic Republic of Congo, Guinea-Bissau, Mali, South Sudan) that received joint support to strengthen the rule of law and human rights, and the subsequent results achieved in 2020. 

Profiles of Global Focal Point Support – Joint Rule of Law Engagements

In peacekeeping missions and transition settings, UNDP’s Global Programme works through the Global Focal Point for the Rule of Law to deliver integrated assistance with our UN partners. This section of the report highlights five contexts (Central African Republic, Democratic Republic of Congo, Guinea-Bissau, Mali, South Sudan) that received joint support to strengthen the rule of law and human rights, and the subsequent results achieved in 2020. 

Profiles of Global Focal Point Support – Joint Rule of Law Engagements

In peacekeeping missions and transition settings, UNDP’s Global Programme works through the Global Focal Point for the Rule of Law to deliver integrated assistance with our UN partners. This section of the report highlights five contexts (Central African Republic, Democratic Republic of Congo, Guinea-Bissau, Mali, South Sudan) that received joint support to strengthen the rule of law and human rights, and the subsequent results achieved in 2020. 

Profiles of Global Focal Point Support – Joint Rule of Law Engagements

In peacekeeping missions and transition settings, UNDP’s Global Programme works through the Global Focal Point for the Rule of Law to deliver integrated assistance with our UN partners. This section of the report highlights five contexts (Central African Republic, Democratic Republic of Congo, Guinea-Bissau, Mali, South Sudan) that received joint support to strengthen the rule of law and human rights, and the subsequent results achieved in 2020. 

Profiles of Global Focal Point Support – Joint Rule of Law Engagements

In peacekeeping missions and transition settings, UNDP’s Global Programme works through the Global Focal Point for the Rule of Law to deliver integrated assistance with our UN partners. This section of the report highlights five contexts (Central African Republic, Democratic Republic of Congo, Guinea-Bissau, Mali, South Sudan) that received joint support to strengthen the rule of law and human rights, and the subsequent results achieved in 2020. 

Central African Republic

In 2020, the Central African Republic (CAR) progressed in strengthening the rule of law through justice and security sector reforms despite a volatile political and security situation. Overall, the year was marked by the COVID-19 pandemic and preparations for presidential and legislative elections.

CAR SCC Swiss Judge Oath Ceremony

International judges (seconded by Switzerland) sworn into the Special Criminal Court in Bangui, Central African Republic. © UNDP CAR, Alexia Guimondo

Democratic Republic of Congo

Despite a peaceful political transition, uncertainty prevailed in the Democratic Republic of Congo ), with rule of law and justice institutions weakened by years of conflict and violence, deeply anchored impunity, corruption, lack of technical, operational, and human resources. The COVID-19 pandemic and subsequent preventive measures, including the suspension of trials, further aggravated the access to justice and human rights situation, especially in prisons and other places of detention.

DRC

The Military Tribunal of Garrison holding a mobile court hearing in Bukanga for the trial of a priority case of international crimes (South Kivu) ©️UNDP DRC

Guinea-Bissau

In Guinea-Bissau, the year 2020 was marked both by the impact of COVID-19 and a political crisis following the 2019 presidential elections. Under these circumstances, the national authorities imposed a state of emergency in the country that limited the ability of the people to exercise their rights in full. In this context, UNDP activities in Guinea-Bissau included support to legal reforms, extensive human rights monitoring, assistance to penitentiary institutions and awareness raising campaigns mostly targeting women.

Guinnea Bissau

Training of security forces by the Guinean League for Humans Rights (LGDH) in Bafatá, east Guinea-Bissau. ©️ UNDP Guinea- Bissau

Mali

2020 was a very challenging year for Mali. Against the backdrop of a multi-dimensional – security, political and humanitarian – crisis, the country was also impacted by the COVID-19 pandemic as well as by political unrest. The latter resulted in the resignation of the President of the Republic in August 2020 and the establishment of a transition process that should lead to presidential and legislatives elections in 2022.

Mali

Prison reintegration activities in the Fana penitentiary under the GFP Prison Mandela Project ©️UNDP Mali

South Sudan

2020 was a historical year for South Sudan in its continued efforts to secure sustainable peace. In February 2020, the country formed the Revitalized Transitional Government of National Unity (RTGoNU), which was a key provision of the 2018 Revitalized Agreement on the Resolution of the Conflict in the Republic of South Sudan (R-ARCSS). This momentum has enabled the UNDP’s Access to Justice, Security and Human Rights Strengthening Program to support national and local stakeholders in delivering equitable access to justice, security, and human rights, and accompany the RTGoNU in implementing the R-ARCSS.

South Sudan

UNDP Yambio Office hands over the kits of personal protective equipment to South Sudan National Police Service. ©️ UNDP

To provide support to the rule of law actors, UNDP rehabilitated and equipped the building of the Special Criminal Court, the main Camp de Roux Prison and Central Commissariat in Bangui. Infrastructure was improved in prisons and police facilities in Bouar, Bambari, Bangassou, Sibut, Berberati, Bocaranga, Batangafo, Bozoum and Bouca. In partnership with MINUSCA, UNDP deployed 149 interns to penitentiary facilities throughout the country before they become national prison staff and launched a training for 151 new students at the National School of Administration and Magistracy.

According to a perception survey1, 83% of Central Africans wanted to see trials for perpetrators of crimes committed during the conflicts; 16% of respondents said they wanted financial reparations. To respond to this public demand for accountability,

UNDP extended support to the second session of the criminal trials that started in 2019, and in 2020 led to the final judgement, when five anti-Balaka leaders were convicted for war crimes and crimes against humanity, including the murders of peacekeepers.

With support from UNDP and MINUSCA, the Special Criminal Court has received 146 complaints since its operationalization in 2018, with nine cases currently under investigation, and 12 cases under analysis. 31 witnesses received protection from the court.

In terms of direct support for access to justice, new legal clinics became operational in nine localities with 6,148 beneficiaries recorded in 2020, including almost 5,000 women. UNDP provided support to the specialized police unit on sexual violence against women (UMIRR) which resulted in (i) victims’ increased access to legal aid, (ii) 381 cases being passed to the courts, and (iii) the establishment of a better system to track sexual and gender-based violence (SGBV) cases throughout the criminal justice chain. To bring formal justice closer to the people, UNDP and MINUSCA supported the organization of mobile court sessions in Beloko.

UNDP, jointly with MINUSCA, provided support to reform of the justice sector, through coordination and implementation of the new all-encompassing Justice Sector Policy for 2020-2024; and successfully advocated for the adoption of the law on the Justice, Truth, Reconciliation and Reparation Commission (CVJRR), and the appointment of 11 Commissioners, including five women.

UNDP and MINUSCA also supported the development of various documents, such as a ministerial plan for integrating a gender sensitive approach into the operations of the Internal Security Forces and decrees on the Preparatory Committee for Criminal Trials to strengthen complementarity between the ordinary courts and the Special Criminal Court. In addition, UNDP undertook efforts to ensure the implementation of a new law on legal aid and a policy for community policing.

2020 was also the first year of the new Rule of Law and the Special Criminal Court (SCC) projects, jointly implemented through the Global Focal Point arrangement by UNDP and MINUSCA and in collaboration with UN Women. The portfolio’s main donors are MINUSCA (programmatic funds), the Peacebuilding Fund (PBF), the United States, the European Union, the Netherlands, Japan (through the Team of Experts), the Global Focal Point (GFP) and UNDP core funds, as well as Switzerland through the secondment of personnel.

Looking ahead, UNDP-MINUSCA rule of law projects in CAR will continue in the spirit of the Global Focal Point to strengthen justice and security sector reforms, the criminal justice chain, the Special Criminal Court, the Justice, Truth, Reconciliation and Reparation Commission, and to promote access to justice and human rights with a view to strengthen trust in the rule of law.

In this context, UNDP continued its long-term interventions to strengthen the rule of law in DRC, to ensure accountability for international crimes, including sexual and gender-based violence (SGBV), and to improve access to justice for all people, including the most vulnerable. The rule of law initiatives in DRC are implemented within the Global Focal Point (GFP) framework, in partnership with MONUSCO’s Justice Support Section, Corrections Unit, United Nations Police (UNPOL), the UN Office of the High Commissioner for Human Rights (OHCHR)/United Nations Joint Human Rights Office (UNJHRO), and the Team of Experts. GFP actors, through a participatory and inclusive process, designed the UN joint programme to support justice reform and to prepare for the progressive withdrawal of MONUSCO in the Kasai and Tanganyika. Late 2020, the joint programme was endorsed by high-level officials of the DRC and UN.

The GFP enabled joint development and monitoring of the UN response to the COVID-19 pandemic in the rule of law and justice sector. The response included interventions at three levels: i) immediate interventions such as providing protective equipment and advocating for the release of prisoners from overcrowded facilities, ii) mid-term interventions such as supporting the use of technologies in the justice system and providing relevant software and equipment, and iii) long-term interventions such as elaborating a study on imprisonment alternatives and supporting institutions to develop business contingency plans.

Interventions to promote institutional changes were undertaken at the central level through supporting the steering and implementation of the National Justice Policy Reform and its Priority Action Plan, in direct collaboration with the Ministry of Justice, the Superior Council of Magistrature, and the Thematic Group on Human Rights which is the coordination forum for justice sector reform. At the provincial level, UNDP cooperated with courts, Bar Associations and civil society organizations. This support has enhanced efficiency and transparency of the justice system, which will enable an increase in people’s trust in the judiciary and improve protection and reparation of human rights.

UNDP contributed directly to the fight against impunity through supporting investigation missions and mobile courts to ensure prosecution and accountability of perpetrators of international crimes, including sexual and gender-based violence.

It also provided institutional support through the development and monitoring of provincial prosecution strategies by the national and provincial coordination mechanisms, as well as through supporting the Bar Associations to ensure free legal assistance to the most vulnerable, including both victims and the accused.

Looking ahead, the four-year UN joint justice reform programme will seek to strengthen the rule of law through four complementary results: i) effective steering of the reform, ii) improved accountability and oversight, iii) delivery of quality justice, and iv) increased access to justice, facilitating also a smooth transition of MONUSCO. In addition, UNDP, UNPOL and UNJHRO are developing a joint UN police support reform programme to be implemented in complementarity with the support to justice reform. Finally, within the donor group and the Thematic Group on Human Rights, UNDP will ensure coordination with the programme to support justice reform in DRC implemented by other partners in the international community.

In partnership with UNFPA, UNICEF and the World Food Programme (WFP), UNDP supported a large-scale awareness campaign on gender-based violence (GBV) and women rights protection during the COVID-19 pandemic. The campaign was developed by a civil society organization (CSO) Fundação Ana Pereira through a dedicated online platform Plataforma Bioksan – Em defesa dos Direitos humanos na Guiné-Bissau. In addition, UNDP supported the National Commission on Human Rights and the Center for Access to Justice (CAJ) in their respective campaigns on women’s access to land and on gender equality through access to justice. Five regions of Guinea-Bissau (Bissau, Buba, Bafata, Gabu, and Canchungo) benefitted from the CAJ campaign. In total, the campaigns reached more than 90,000 people through door-to-door visits, media, social media, and outdoor daily video broadcasts.

With a view to ensure that all people, including the most vulnerable, have access to legal aid and justice, UNDP continued to facilitate cooperation between the Bar Association of Guinea-Bissau and the Access to Justice Centers with a purpose to provide pro bono legal assistance for the most vulnerable groups. In 2020, 1,914 people received consultations in six Access to Justice Centers, with 1,577 cases successfully resolved by mediation, reconciliation, or other administrative processes.

In partnership with a CSO the National Human Rights League (NHRL), UNDP supported a network of human rights activists to assess and monitor the human rights situation throughout the country in the context of the state of emergency and the curfew declared by the government to limit the spread of COVID-19. Periodic reports based on monitoring findings revealed violations committed, in particular by the police and the National Guard. UNDP advocated with the national authorities to enhance the respect for human rights and supported capacity building activities for the police forces and the National Guard. These activities launched a continued process of consultations between the police forces in the field and NHRL on specific human rights cases. In addition, the monitoring activities played a role in ensuring accountability: in some cases, perpetrators were identified and stood trial.

The pandemic placed detainees in a particularly dire and vulnerable situation.

UNDP led the efforts that helped improve detention capacities and ensure efficient prison management. Within the framework of the Global Focal Point, a national database of inmates was created with updated information on detention, specific needs and other data that enabled penitentiary institutions to improve security and the overall management, with human rights considerations.

In parallel, UNDP successfully advocated for the representatives of the Guinea-Bissau Bar Association to visit all the prisons and detention centers to assess detention conditions and monitor the legal status of the inmates and detainees. Following the visits, a list of cases of illegal detention was compiled with several cases submitted to courts for a follow-up. This has also contributed to reducing the number of inmates (from 158 in May 2020 to 121 in November).

In the upcoming years, UNDP in Guinea-Bissau will focus on promoting legal reforms, improving operations and services delivery within the judiciary sector, as well as on increasing capacity and promoting human rights-based approaches within the security sector to counter corruption, drug trafficking and organized crime. Besides, UNDP will assist in the establishment of a National Human Rights Commission in compliance with the Paris Principles and will enhance access to legal aid for the most vulnerable groups, particularly women.

Despite these challenges, UNDP started implementing its new rule of law programme in line with the Country Project Document adopted in 2020 and continued its activities in support to the penitentiary system. The new programme links its support to the security and justice sectors with conflict prevention, anti-corruption, and the prevention of violent extremism. The activities focus on the specific areas of the country to maximize the impact on the population. This new programme is implemented through the Global Focal Point arrangement in close partnership with UN Women and MINUSMA, and benefits from the support of several financial partners notably the Netherlands, Denmark, Sweden, Norway, and the Peacebuilding Fund.

In order to strengthen the accessibility, efficiency and accountability of security and justice actors in Central Mali, the programme started the construction of a police station and a district court in Djenné as well as the establishment of 24 regional and communal security advisory committees, which will contribute to restoring the trust between people and security forces. The programme also supported the National Human Rights Commission to strengthen its presence and capacity to monitor human rights violations in the Center, including by establishing a network of civil society organizations (CSOs). The programme also continued its support to improve the efficiency of the Malian prison system. 27 prisons were equipped with the locally developed AGIDERM software, which allows for a better management of prisoners. 1,400 detainees saw their detention conditions improved thanks to rehabilitation of cells, increased access to water, the development of rehabilitation activities and the training of 458 prison staff on Mandela, Bangkok, and Beijing rules.

UNDP also focused on the penitentiary facilities when implementing activities towards preventing and fighting against COVID-19. Rapid and effective response was possible due to the Global Programme on Rule of Law and Human Rights as well as other rule of law projects currently being implemented in Mali.

UNDP provided personal protective equipment (PPE) for the police, gendarmerie as well as for court and prison facilities (hand washing kits, hydroalcoholic gel, mask, gloves, cleaning equipment). Nearly 8,000 inmates in the 60 penitentiary establishments in Mali benefited from this support, which has so far helped prevent any spread of the pandemic within these facilities.

In addition, a qualitative and quantitative study was finalized to measure the impact of COVID-19 on the justice and prison system. This study was carried out jointly with the UN partners and made it possible to identify the actions to be undertaken by the government and other stakeholders to limit the impact of the pandemic in terms of accessibility and functionality of the justice system. Besides, UNDP provided support to the National Human Rights Commission to carry out monitoring visits to jurisdictions, prisons and health centers in order to assess the implementation of COVID-19 preventive measures and the ability of people, especially the most vulnerable ones, to exercise their right to health.

In 2021, UNDP, in partnership with MINUSMA and UN Women, will continue implementing its newly developed joint project in support to Mali stabilization through strengthening the rule of law (PROSMED program). The activities will be expanded from the Centre of the country to the selected areas of the South in order to help prevent the risks of instability in these areas which are increasingly subject to infiltration by armed terrorist groups.

The impact of COVID-19, however, put unprecedented pressure on the country’s already fragile justice system. Preventive measures, though much needed, restricted South Sudan’s ability to sufficiently maintain its justice and security services, or pursue reforms outlined in the R-ARCSS. The economic consequences of the pandemic gave rise to crime, which in turn contributed to prison overpopulation and delayed hearings. As in most socio-economic crises, women in South Sudan have been disproportionately affected, including through gender-based violence (GBV). The COVID-19 pandemic also highlighted the importance for UNDP to adopt a flexible and cooperative approach when working to meet the justice and security needs of the South Sudanese.

To address the impacts of the pandemic, UNDP, in partnership with UNMISS, provided technical and logistical support to decongest prisons and police detention cells by supporting national prosecutors and judges to expedite the review of cases in six states. Priority was given to vulnerable groups, including individuals with underlying health conditions, elderly persons, women, and juveniles.

Ten courts in Central Equatoria State benefitted from UNDP support: following 493 hearings, more than half of the suspects were released on bail. In five other states, more than 4,380 pre-trial detainees benefitted from the early release from five prisons and 13 police detention facilities.

UNDP also supported the dissemination of 15,000 copies of COVID-19 Preparedness and Response Guidelines to police and prison officials to limit new arrests and prosecutions only to serious crimes and reduce infections among detainees.

In addition, 827,942 justice actors and beneficiaries, almost half of them female, were reached through UNDP-supported radio programmes, door-to-door visits and posters displayed in penitentiary and law enforcement institutions. These awareness raising activities were crucial in changing behaviours of the justice providers and beneficiaries for their better safety and protection.

Despite the worrying impact of the pandemic, UNDP’s technical and advisory support has enabled the Ministry of Justice and Constitutional Affairs to successfully secure a renewed political commitment on the part of the Council of Ministers to initiate the permanent constitution-making process, transitional justice and judicial reforms. The decision laid the foundation for nationally led progress in these developments through evidence-based approaches, inclusive decision-making and consensus of all affected stakeholders including women and youth. In parallel, the capacity of security institutions has been strengthened to address conflict-related sexual violence (CRSV) through the development of Action Plans for the South Sudan National Police Service and South Sudan People’s Defense Forces to guide their actions and responses to GBV.

For the year ahead, in the spirit of the Global Focal Point, UNDP will continue its cooperation with other UN agencies and relevant stakeholders to address the evolving needs of South Sudan’s justice and security sectors. Priority will be given to providing support to national institutions, promoting people-centered approach in delivering justice and introducing security measures, empowering citizens to exercise their rights. Building on the achievements and the momentum of 2020, the UNDP activities in South Sudan will focus on providing support in the areas of permanent constitution-making, transitional justice, judicial and security sector reform.

76% of the population in CAR considers that the formal justice sector has improved in the last 12 months2.

6,148 people, including 4,992 women, received legal aid in 9 legal clinics opened with UNDP support. Legal support was provided to the investigation unit on violence against women and girls (UMIRR), and 381 cases were passed to courts from UMIRR.

76% of the population in CAR considers that the formal justice sector has improved in the last 12 months2.

CAR SCC Swiss Judge Oath Ceremony

New students celebrate the beginning of their professional training to become correction officers in Bangui, Central African Republic. ©️ UNDP CAR

6,148 people, including 4,992 women, received legal aid in 9 legal clinics opened with UNDP support. Legal support was also provided to the investigation unit on violence against women and girls (UMIRR), and 381 cases were passed to courts from UMIRR.

New students celebrate the beginning of their professional training to become correction officers in Bangui, Central African Republic. ©️ UNDP CAR

146 complaints have been received by the Special Criminal Court since its inaugural session in 2018, including 12 cases currently under analysis by the Special Public Prosecutor’s Office, and 9 cases under investigation.
Design of COVID-19 prevention and response plans for police and for prison sector, and provision of personal protective equipment (PPE) to detainees and prison staff in CAR.
146 complaints have been received by the Special Criminal Court since its inaugural session in 2018, including 12 cases currently under analysis by the Special Public Prosecutor’s Office, and 9 cases under investigation.
Design of COVID-19 prevention and response plans for police and for prison sector, and provision of personal protective equipment (PPE) to detainees and prison staff in CAR.

45 perpetrators of crimes against humanity and war crimes were condemned by military courts and tribunals in the Democratic Republic of Congo. UNDP provided technical and operational support to one investigation mission in Tanganyika to identify victims and witnesses in a case of genocide and crimes against humanity, and to 7 mobile courts leading to 7 judicial decisions and justice for 453 victims of international crimes.

394 victims of gender-based violence benefitted from free legal and judicial assistance.

394 victims of gender-based violence benefitted from free legal and judicial assistance.

The Military Tribunal of Garrison holding a mobile court hearing in Bukanga for the trial of a priority case of international crimes (South Kivu) ©️UNDP DRC

CAR SCC Swiss Judge Oath Ceremony

The Military Tribunal of Garrison holding a mobile court hearing in Bukanga for the trial of a priority case of international crimes (South Kivu) ©️UNDP DRC

To strengthen the capacities of the criminal justice chain for case management, UNDP in partnership with MONUSCO and UNJHRO supported its digitalization by developing software, digital applications, and computerizing data management systems for courts and other judicial bodies, the judiciary police and prisons.

Sensitization campaign on gender and access to justice by the Access to Justice Center in Cupul, Bissau. ©️ UNDP Guinea-Bissau

Guinea Bissau

Sensitization campaign on gender and access to justice by the Access to Justice Center in Cupul, Bissau. ©️ UNDP Guinea-Bissau

91.402 people or 5.5% of the population reached by massive awareness raising campaigns on gender-based violence and women’s rights, including access to justice and to land.

91.402 people or 5.5% of the population reached by massive awareness raising campaigns on gender-based violence and women’s rights, including access to justice and to land.

1,914 people received free legal consultations in 6 Access to Justice Centers, with 1,577 cases successfully resolved by mediation, reconciliation, or other administrative processes.

1,914 people received free legal consultations in 6 Access to Justice Centers, with 1,577 cases successfully resolved by mediation, reconciliation, or other administrative processes.

 

Training of security forces on human rights and gender during the state of emergency due to the COVID-19 outbreak in Bissau. ©️ UNDP Guinea-Bissau

Guinea Bissau

Training of security forces on human rights and gender during the state of emergency due to the COVID-19 outbreak in Bissau. ©️ UNDP Guinea-Bissau

1,400 detainees saw their detention conditions improved thanks to the rehabilitation of cells, supply of drinking water, the development of rehabilitation activities and the training of 458 prison staff on Mandela, Bangkok and Beijing rules.

27 prisons computerized with a locally developed software which monitors the exceedances of pre-trial detention durations.

27 prisons computerized with a locally developed software which monitors the exceedances of pre-trial detention durations.

Prison reintegration activities in the Fana penitentiary under the GFP Prison Mandela Project ©️UNDP Mali

Mali

Prison reintegration activities in the Fana penitentiary under the GFP Prison Mandela Project ©️UNDP Mali

10 security advisory committees established and 14 are currently being established as part of a community policing approach.

3 interrelated reforms – the constitution-making process, transitional justice, and judicial reforms – initiated with UNDP technical support. These reforms were outlined in the revitalized peace agreement of 2018 and will serve to address the most pressing structural concerns for the rule of law in South Sudan.

1st specialized court to process cases of gender-based violence (GBV) became operational in Juba with the aim to expedite trials and ensure accountability for perpetrators of gender-based crimes.

1st specialized court to process cases of gender-based violence (GBV) became operational in Juba with the aim to expedite trials and ensure accountability for perpetrators of gender-based crimes.

South Sudan

Participants of a mentorship session for the personnel of the Special Protection Unit of the National Police Service in Torit, South Sudan. ©️ UNDP.

6,000 copies of the UNDP-developed Action Plans on conflict-related sexual violence (CRSV) disseminated among the National Police Service and the National People’s Defense Forces to prevent and respond to SGBV and CRSV.

  1. http://www.peacebuildingdata.org/sites/m/pdf/CAR_Poll5_ENG.pdf, Perception surveys supported by UNDP and MINUSCA, Harvard Humanitarian Initiative, October 2020
  2. With trust in the formal justice sector having increased from 22% in 2017 to 45% in 2020. Source: http://www.peacebuildingdata.org/sites/m/pdf/CAR_Poll5_ENG.pdf, Perception surveys supported by UNDP and MINUSCA, Harvard Humanitarian Initiative, October 2020