Our Perspective

access to justice and rule of law

Breaking the corruption chain is our collective responsibility

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In India, UNDP and the Ministry of Law and Justice reach more than two million people and informed them of their rights in an effort to enable equitable access to justice for all. Photo credit: Shubhangi Singh/UNDP India

When corruption is rampant, some of us might think that the magnitude and complexity of the situation is hopeless. At the same time, making governments more open, accountable, and responsive to citizens is not a choice, but a responsibility which lies with each and every one of us. To “break the corruption chain” and encourage turning this fight into a global movement, we, at UNDP and at the United Nations Office on Drugs and Crime (UNODC) have launched a global campaign  to commemorate the 2014 International Anti-corruption Day.   The message is simple: “Taking back what was lost to corrupt practices is everyone’s responsibility”. It is the responsibility of our governments and civil society organizations, of the private sector and the media, the general public, and of the youth, who must play a pivotal role in seeing this agenda through so that their future is built on solid and honest foundations. There are compelling reasons why everyone should have a stake in fighting corruption. Corruption is impeding the achievements of the Millennium Development Goals (MDGs).  When public money is stolen for private use, fewer resources are allocated to building schools, hospitals, roads and water treatment facilities. Corruption also enables fake or... Read more

The way to stop violence against women and girls

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Everyone has a role to play in ending GBV, but with so many actors involved, we need better coordination and communications. Photo credit: UNDP/Pakistan

An average of 1 in 3 women across the world suffer from violence at the hands of a partner, in their lifetime.  Gender-based violence (GBV) disproportionately affects lower and middle income countries, poorer regions within these countries, and in particular vulnerable groups that include migrants, sex workers, and people living with HIV or disabilities. Earlier this year, I took up the role of UNDP Regional Advisor on GBV in Asia and the Pacific.  Since then, I have had numerous conversations that more or less follow the same pattern: “I cannot believe we still have such high rates of violence around the world, but it all seems so complicated and deep rooted in our societies.  What can we actually do to reduce this violence?”    Recently, I contributed to the Lancet Series on Violence against Women and Girls. This project gave me the opportunity to discuss challenges in the field and exchange ideas for ways forward with some of the world’s most renowned experts on violence against women.  It also gave me time to think about an answer to this question: What can we do to reduce gender-based violence? The resulting five papers in the series present the evidence of which methods... Read more

Rule of law : The key to the ‘virtuous circle’

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Policemen at General Kaahiye Police Academy in Somalia undergo training in criminal investigation, to equip Mogadishu with a team of police officers that will effectively be able to deal with criminal investigations. Photo: UNSOM

Does rule of law matter for development?  What role should it play in the post-2015 agenda?  It’s an important issue.  We, at UNDP, advocate for strengthened rule of law and access to justice, but the issue is how to get them prioritized among many competing targets and goals for the Sustainable Development Goals (SDGs), and get governments to put budgets and political will behind them.  We need to prove that human development can’t be achieved without them. We still have a long way to go to make the case.  One popular argument is that without good rule of law and secure property rights, countries cannot attract the foreign investment they need for growth.  But the empirical foundation for that claim is rather weak.  It seems that the economies of the Asian tigers began to boom long before they established rule of law, with China and Vietnam being just the most recent examples.  More importantly for us, this argument doesn’t help to understand whether rule of law will deliver better outcomes for the poorest and most vulnerable, who are the focus of our work. Recently, I focused on the work of Daron Acemoglu and James Robinson, and in particular their recent book... Read more

Land and property governance – a matter of development and human rights

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Access to land for women is a key development issue. Photo: Prashanth Vishwanathan/ UNDP India

Although more than 115 nations recognize, in their legal frameworks, women’s equal rights to property and inheritance, in many countries women continue to face discrimination when it comes to land and property rights, Land plays a critical economic, environmental, social, cultural and political role in the development of states and people. Control of land and related natural resources is linked to power and identity, and can be a source of conflict and crisis. Land and natural resource management also lie at the core of ensuring environmental sustainability, including the maintenance of ecosystems and biodiversity. For indigenous and tribal communities, access to land and the protection of their traditional tenure practices are critical to their existence and identity. Failed land policies can also cause massive migration of workers from rural to urban areas. Having access to land and security of tenure provides a gateway to a range of economic, social, civil and political rights. Hence, when people, in particular indigenous communities, women, the rural poor or urban slum dwellers achieve secure access to land or property, they can start to enjoy a greater sense of economic security, improve their livelihoods, but importantly also, gain capacity, interest and influence in decision-making. We have... Read more

Rule of Law and quality public services are key enablers of development

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A worker tallies the trucks at the Santo Nino dump site in Tacloban, Philippines. (Photo: Lesley Wright/UNDP Philippines)

It is no longer enough for individuals to just receive services. It is equally, if not more important, to pay attention to service quality, as well as the quality of communication between public service providers and the people they serve. To bridge the knowledge gap on how to situate, understand and act on Rule of Law challenges in public administration, we developed a self-assessment tool for governments, in cooperation with the Swedish Folke Bernadotte Academy  . This measurement tool uses six clearly defined Rule of Law principles: legality, accessibility, transparency, the right to be heard, the right to appeal, and accountability. The tool assesses ‘the governance of service delivery’, using a rights-based perspective to analyze gaps between the offer– which services people should be entitled to and under which conditions – and the delivery – what people receive in reality and how these services are delivered. Piloted in three countries – the Philippines, Ukraine and Sierra Leone – the tool focuses on selected administrative processes and services affecting the rights, liberties or interests of private persons, including the private sector. The ultimate aim of the assessment is to ensure that action is initiated at the appropriate level to address the weaknesses... Read more

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