Overview

This page is part of the GRC Exchange topic guide to Safety, security and access to justice. It provides information on the UK Department for International Development's approach to the justice sector.

Page contents

Definition of topic and content

Gender and the justice sector

Where is a good place to start?

Juveniles and the justice system

Perspectives of users

What other resources are available on the GRC Exchange?

Sector-wide working

Additional online resources

Human rights and the justice sector

Definition of topic and content

DFID's policy in this area aims to promote safety for all from violence and intimidation, security of personal property, and equality of access to justice. The approach is innovative among donor organisations for three reasons. Firstly, interventions aim to strengthen linkages across the whole justice sector, rather than working with individual institutions. Secondly, DFID's approaches are designed from the perspective of users, particularly poor people and vulnerable groups. Thirdly, DFID uses a broad definition of the justice sector that includes non-state (or informal) justice and security systems, and takes these into account as part of a sector-wide strategy. Close attention to gender and human rights are also considered to be essential in designing justice sector approaches.

This page provides the latest DFID policy statements on justice, and introduces resources on user perspectives, sectoral approaches as well as resources on gender, juveniles and human rights in the justice sector.

Where is a good place to start?

Department for International Development 2000, Justice and Poverty Reduction: Safety, Security and Access to Justice for All, DFID, London.
The aim of this paper is to assist DfID’s mission to improve the security and welfare of the world’s poorest people through improving their access to justice. It observes that the burden of crime and civil disputes falls most heavily upon the poorest and most vulnerable sectors of society who are also those least able to access the justice system. Insecurity and lack of access to justice also have a wider economic cost, as resources are diverted from social welfare into policing, revenue is lost to invisible trade, assets are damaged or stolen, and consequently investment is discouraged.
Full document available online

Department for International Development 2001, Guidance Note: Putting SSAJ Policy Into Practice, DFID, London.
Short summary: This guidance note, from DFID's Governance Department, looks at how the SSAJ policy can be implemented. It cautions that each case should be treated individually and that the guidelines should not be read as a manual. All justice systems are different and have many components. The guidelines provide practical suggestions on how to plan and appraise an intervention, and how to respond to the most common requests for assistance. They also give guidance on common implementation issues, such as developing effective partnerships and tackling constraints.
Full document available online

Department for International Development, 2004, Non-State Justice and Security Systems: A Guidance Note, DFID, London
Non-state justice and security (NSJS) systems deal with the majority of disputes in developing countries and are an important complement to formal state justice. What is the best way for donors and governments to engage with them? What are the policy options that increase security and justice for the poor and marginalised?
Full document available online

Vera Institute of Justice, 2003, Measuring Progress toward Safety and Justice: A Global Guide to the Design of Performance Indicators across the Justice Sector, Vera Institute of Justice
These Guidelines provide clear, practical guidance on how to successfully develop and use indicators to measure progress across the justice sector in any global context. The document outlines a process for developing pro-poor indicators, in line with DFID's SSAJ policy. The indicators may be used to measure sector-wide outcomes, and outputs of individual institutions. It suggests examples of baskets of indicators for the key formal justice institutions (police, prosecution and legal aid, judiciary, non-custodial sentencing, prisons and accountability mechanisms), and non-state justice systems.
Full document available online
Summary paper available online

The following paper takes a sceptical stance towards donor interventions in the justice sector and provides useful cautions for donors about the limits to our knowledge:

Carothers, T. 2003, 'Promoting the Rule of Law Abroad: The Problem of Knowledge', Rule of Law Series no. 34, Carnegie Endowment for International Peace, Washington
The causal relationship between rule of law promotion and economic development and democracy is not as direct as it might appear but remain donors' twin rationale for these activities. Is there a problem of knowledge concerning rule of law projects? What should practitioners know when they promote these activities? This paper from the Carnegie Endowment for International Peace considers the apparent lack of knowledge supporting rule of law projects in developing countries.
Full document availble online

Perspectives of users

DFID emphasises the importance of poor people's experience of justice systems. Consultations from around the world show that and civil disputeshave a disproportionate effect on the poor, and that justice systems tend to be inaccessible and biased against them. Paying attention to these experiences can help to improve the effectiveness of justice sector interventions. The documents below present findings from surveys, participatory research and social audits in different countries.

Government of Uganda, 2002, Participatory Poverty Assessment on Safety, Security, and Access to Justice : Voices of the Poor in Uganda, The Summary Republic of Uganda Ministry of Justice and Constitutional Affairs, Justice, Law and Order Sector
What are the constraints faced by the poor in Uganda in terms of safety, security and access to justice? How can Justice Law and Order Sector (J/LOS) give “voice” to the concerns of the poor? This first ever Uganda Participatory Poverty Assessment is an initiative from the J/LOS to consult the poor as end-users of justice, safety, security and order issues.
Full document available online

The Asia Foundation 2001, Survey Report on Citizen's Perceptions of the Indonesian Justice Sector: Preliminary Findings and Recommendations, The Asia Foundation, San Francisco.
There have been few opportunities for ordinary citizens in Indonesia to participate in legal reform actions. Yet, what are their perceptions and experiences of the justice sector? This report by the Asia Foundation addresses the above question, drawing on data from a qualitative and quantitative study. The study focuses on the choices that the Indonesians make in resolving legal disputes and their familiarity with the procedures of the formal institutions. It also looks at the factors that influence the Indonesians’ preference for solutions and their level of satisfaction with chosen courses of action.
Full document available online

Deepa, N., Chambers, R., Shah, M.K., and Petesch, P., 2000, Voices of the Poor: Crying Out for Change, New York, N.Y: Published for the World Bank, Oxford University Press.
The World Bank Voices of the Poor study highlighted how in many countries, the police and the judiciary are inaccessible and persecute poor people. Experiences of the poor in different regions are summarised in Chapter 8: Anxiety, Fear and Insecurity, particularly the sections on ‘crime and violence’ and ‘persecution by the police and the lack of justice’.
Full document available online

Excerpts from Genn, H, 1999 'Paths to Justice: What do People Think About Going to Law?', Hart Publishing, Oxford, UK in 'Sourcebook on Access to Justice', Messick, R. and Beardsley, L., World Bank Empowerment Retreat May 7-8, Washington, USA.
Short summary: In an attempt to fill some of the existing information void, this book from Hart Publishing presents the results of a survey of public attitudes towards the civil justice system. The survey explored the behaviour of the public in dealing with potential legal disputes and problems, as well as potential plaintiffs or potential defendants. It identified the strategies adopted by those involved in potentially justiceable events to resolve or conclude the matter, use of courts and ADR; and the factors that propel litigants towards the legal system. It also identified structural factors, or lack of knowledge, which prevent access to the legal system where it is desired. The survey further assessed the effect of this lack of access to the formal legal system of individuals
Full document: unavailable online. Available through BLDS document delivery service. Please access full summary and then click on the link for "BLDS Document Delivery Service."

Sector-wide working

DFID emphasises sector-wide approaches to the justice sector, with a broad definition of the institutions involved. This approach spans legal and judicial reform projects, access to justice programs, and police and penal reform. There is an increasing tendency to use Sector-Wide Approaches (SWAps) where appropriate, and a general commitment that interventions in particular areas must contribute to the effectiveness of the sector as a whole.

The following two documents provide information on the Ugandan Justice, Law and Order Sector (JLOS) programme, one of the most well-established of the justice SWAps.

Sserumaga, A., 2003, Sector-Wide Approaches in the Administration of Justice and Promoting the Rule of Law: the Ugandan Experience, Seminar on the Rule of Law, European Initiative for Democracy and Human Rights, 3-4 July 2003, Brussels
Since the end of 1999, the Ugandan government has worked to plan and implement a medium-term reform plan for its justice, law and order sector. This paper, delivered at a European Initiative for Democracy and Human Rights seminar, outlines the achievements and challenges of this sector-wide approach. It also provides insight into the role of donors in such programmes.
Full document available online

Penal Reform International 1999, The Chain Linked: A Model for Inter-Agency Cooperation, Penal Reform International, Paris
Comment: The "Chain Linked Model" project, as developed in Uganda, is an example of inter-agency working.
Short summary: This document produced by Penal Reform International (PRI), an international NGO, considers how inter-agency cooperation within the criminal justice process can be encouraged and sustained. This is part of the ‘New models of accessible justice and penal reform in developing countries’ project, supported by the DFID. The document highlights suitable means of supporting inter-agency cooperation and reflects on a pilot case for improving cooperation in Masaka, Uganda.
Full document available online

Hendrix, S., 2000, 'Guatemalan 'Justice Centers': the centerpiece for advancing transparency, efficiency, due process and access to justice' report prepared for USAID.
An efficient and transparent justice system is crucial to reduce corruption opportunities and impunity. Conflict tends to weaken or destroy, not only the justice sector, but the state itself, making it incapable of dealing with human rights issues. After a terrible history of genocide and human rights abuse in Guatemala, it was recognised that the justice system was flawed and that establishing a rule of law was needed. To address these concerns a new operational model – the Justice Centre – was developed. This USAID article asks how effective has this initiative been to revitalise a deficient justice system?
Full document available online

Human rights and the justice sector

Justice sector institutions are pivotal to the legal protection and enforcement of human rights. However, human rights are often poorly understood by those working in the justice system. Specific approaches and strategies are required to ensure that justice sector reform will contribute to the realisation of human rights for poor people. SSAJ interventions can assist in various ways:

by working to ensure that human rights standards are respected by formal justice institutions (e.g. by police, prisons or courts) and by non-state justice systems;

by strengthening the legal framework to address issues such as discrimination against women, minorities and other groups;

by improving people's ability to bring successful claims on issues such as the right to housing, education or healthcare; and

by strengthening human rights accountability mechanisms as an integral part of the justice sector.

This document introduces the ways in which human rights organisations and governments can further poor peoples' access to their rights, covering the justice sector among many other areas.

International Council of Human Rights Policy, 2004, Enhancing Access to Human Rights, ICHRP, Geneva
Why do so many people not enjoy rights to which they are entitled? What needs to be done beyond law and legal reform to ensure that rights and entitlements are accessible to all? This report by the International Council on Human Rights Policy (ICHRP) analyses the role that institutions play in alleviating or exacerbating social exclusion. It concludes that human rights organisations need to reposition themselves to become relevant to the very poor and those who suffer systemic discrimination.
Full document available online

The following papers are a selection of the many documents available on human rights approaches to promoting safety, security and access to justice.

Public Interest Law Initiative, 2001, Pursuing the Public Interest: A Handbook for Legal Professionals and Activists
GRC summary available shortly
Full document available online

Coyle, A., 2002, A Human Rights Approach to Prison Management: A Handbook for Prison Staff, International Centre for Prison Studies, London.
Document summary available shortly
Full document available online

OHCHR, undated, Human Rights and Law Enforcement: A Manual on Human Rights Training for the Police, OHCHR
How are international human rights standards relevant to the work of the police? How can these standards be translated into the development of skills, policies and practical behaviour and taught to law enforcement officials? This manual from the Office of the High Commissioner for Human Rights (OHCHR) should be used by police educators to train law enforcement officials.
Full document available online

Gender and the justice sector

In many countries, womens' access to justice is obstructed by statutory and customary law that is biased against women, or is not gender-sensitive. Even where there is formal legal equality, women often face institutional bias in state and non-state justice institutions and prejudice and discrimination from justice-sector personnel. Structural inequalities, such as lack of time, access to resources and education, also affect womens' ability to make use of justice institutions. These concerns need to be addressed in the design of justice interventions to ensure that both women and men’s legal rights are realised.

The following two documents are country-level studies of the issues affecting womens' access to justice, and the potential entry points for overcoming them.

Government of Uganda, 2002, Study on Gender and Access to Justice, The Republic of Uganda Ministry of Justice and Constitutional Affairs, Justice, Law and Order Sector
Gender has a significant influence on access to justice in Uganda. Alongside other poor and marginalised groups, women have received little protection from the justice system. This study for the Ugandan Ministry of Justice and Constitutional Affairs identifies the barriers obstructing women’s access to justice and recommends policies that could lead to a more equitable system.
Full document available online

Saur, M., Semu, L. and Ndau, S., 2003, Listening to People's Voices. A Base-Line Study of Gender-Based Violence 'Nkhanza'-– in three Districts of Malawi, Submitted to the GTZ/ Ministry of Gender and Community Service Project to Combat Gender-Based Violence in Malawi
How can gender based violence be combated in Malawi? How does research tackle the controversial and sensitive subject of “Nkhanza” or violence/cruelty? This report, from German Technical Co-operation (GTZ), submitted to the Ministry of Gender and Community Services in Malawi, conveys the findings of a baseline study carried out in six villages in rural Malawi. The investigation centres around the social and legal status of women, the particular emphasis being on the impact of gender based violence.
Full document available online

The next two documents address legal and judicial interventions to promote womens' access to justice:

Rodríguez, M., 2000, Empowering Women: An Assessment of Legal Aid Under Ecuador's Judicial Reform Project, Legal Vice Presidency, The World Bank
The World Bank is making efforts to widen the scope of its legal and judicial reform programmes beyond strengthening institutions. Its aim is to design more holistic projects that encompass all actors and organisations with a stake in the administration of justice. This report assesses the Bank’s first attempt to incorporate a programme of legal services for women into a judicial reform operation, implemented in Ecuador.
Full document available online

Commonwealth Secretariat, 2002, Gender Mainstreaming in Legal and Constitutional Affairs, Background Paper prepared by the Social Transformation Programmes Division, Commonwealth Secretariat for the 12th Commonwealth Law Ministers Meeting, Kingstown, St. Vincent and the Grenadines, 18-21 November 2002
Document summary available shortly.
Full document available online

This report shows how violations of women’s property rights require responses spanning the whole justice system as well as other sectors.

Human Rights Watch, 2003, Double Standards: Women’s Property Rights Violations in Kenya, Human Rights Watch Report, Vol. 15, No. 5
Document summary available shortly
Full document available online

In particular, gender-based violence requires gender-sensitive responses from the police and other justice institutions.

United Nations Development Fund for Women, 2003 Combating gender based violence: achievements and ways forward, UNIFEM
Comment: The Outlawing Violence chapter is particularly relevant to the justice sector.
Document summary available shortly
Full document available online

Juveniles and the justice system

Juveniles have specific needs for appropriate treatment by justice institutions. They also face particular social, financial, institutional and legal barriers when accessing justice. Children can be particularly at risk of certain kinds of crime, including discrimination and human rights abuses from the police and other justice-sector personnel. As well as interacting with the justice system in their own capacity, children and young people are also affected when parents or guardians are victims of crime or are punished through the justice system.

UNICEF, 2004, Justice for Children : Detention as a Last Resort, Innovative Initiatives in the East Asia and Pacific Region, UNICEF.
Improving justice for children, including juvenile justice laws, policies and procedures is one of the most important strategies for enhancing the protection of children in society. But how can this best be done? This study by Unicef of the East Asia and Pacific region argues for policies that use ‘detention as the last resort’. It concludes that diversion not only reduces the number of children deprived of their liberty, but also decreases the rate of repeat offending by young people.
Full document available online

Petty, C. and Brown, M. (eds) 1998, Justice for Children; Challenges for Policy and Practice in Sub-Saharan Africa, Save the Children Fund, London
This study examines the particularities and problems of juvenile law in Africa, looking at the cases of South Africa, Ghana and Uganda. Time and money are often lacking when drafting new legislation, nor is there always societal consciousness that change is desirable or necessary. New law must consider systems of implementation and monitoring and their financing if children’s lives are to be improved.
Full document: unavailable online. Available through BLDS document delivery service. Please access full summary and then click on the link for "BLDS Document Delivery Service."

What other resources are available on the GRC Exchange?

Information on other donor approaches to the justice sector can be accessed on the page on other donor approaches.

Documents relating to particular SSAJ programmes and projects can be viewed on the programmes and projects page. This includes specific information on the Ugandan SWAp.

More general information on Sector-wide Approaches to delivering aid assistance is available in the GRC Exchange guide to SWAps.

More resources on responding to gender-based violence can be found in the Victim Support section of the GRC Exchange's page on Safety and security.

Information Database

More documents on any of these subjects can be found by searching the GRC Exchange's Information Database

Use the site search at the top of this page, or within the left navigation if you wish to look for wider resources on safety, security and access to justice.

Additional online resources

CIET has carried out social audits of the police and judiciary in Bolivia, Tanzania, Nicaragua, Uganda and South Africa.

Transparency International has carried out surveys of attitudes to corruption, which include the police and judiciary.

The Vera Institute of Justice has a webpage on its work on surveying citizens about the police.

The following websites contain information about research and activities relating to gender and access to justice:

The Asia Pacific Forum on Women, Law and Development (APWLD) includes regional news on human rights, gender and justice issues and some online publications

UNIFEM has webpages on Gender Justice and its trustfund on ending Violence Against the World's Women.

The UNRISD project on Agrarian Change, Gender and Land Rights, carried out between 2000 and 2002, includes a summary of findings and links to country case studies.

The Women and Law in Southern Africa Research Trust (WLSA) website has online articles on issues like customary law, HIV/AIDS and law, and gender-based violence.

The International Center for Criminal Law Reform and Criminal Justice Policy has a webpage on Juvenile Justice, which includes guidelines for the prosecution of crimes against children.