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Key Text Justice and Poverty Reduction: Safety, Security and Access to Justice For All

Author: Department for International Development
Date: 2000
Size: 20 pages (56KB)

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Summary

How important are justice systems for improving the lives of the poor? What contribution can DFID make to bettering these systems? 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 falls most heavily upon the poorest and most vulnerable sectors of society who are also those least able to access the justice system. It also has 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.

It is estimated that the cost of crime, both in lost assets and in revenue directed to law enforcement, is around five per cent of GDP in the developing world, and fourteen per cent in the developed world. The burden of suffering falls disproportionately heavily on the poor, who are unable to enjoy the benefits of the justice system due to the corruption of the police and the distance and expense of the courts. In addition:

States where the legal system and crime control are poor are unattractive to investors and so economic growth suffers
Poor people tend to rely on customary justice systems rather than formal legal ones, because they are quicker, cheaper and closer to home. However, they also tend to be more partial and discriminatory
Proactive crime prevention is up to eight times more cost-effective than reactive measures. Reducing youth unemployment, drug dependency or the availability of firearms are examples of preventive measures
Traditional/customary legal systems account for eighty per cent of total cases. They take better account of the needs of local communities, butter do not always protect the rights of the poorest and most vulnerable members of society.

Because police forces, particularly in developing countries, often abuse their powers, issues of transparency and accountability are as important as efficiency and efficacy. Relevant and practical human rights training is essential, as are adequate budgets and safeguards against political interference, and also investigative skills and equipment so that cases can be based on evidence rather than confessions. In addition, DfID can help governments improve safety, security and access to justice through (1) consultation with interested parties; (2) sector-wide diagnosis of the problems to be addressed and consequential sector- wide approaches to reform, including where necessary the pooling of donor resources; and (3) targeting development assistance towards a coherent set of objectives and policies to which the government is committed. Other approaches include

Law reform to reduce discrimination, promote public- interest litigation by advocacy groups, paralegal assistance, legal aid and legal rights education
Making courts more accessible through the use of local languages and even local magistrates, mobile courts, education for both judges and the wider public, better co-ordination between courts and other agencies, and improving case- flow
Passing sentences which put reparation before retribution, which are more humane and cost-effective and also help decongest prisons.

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Source: DFID 2000, 'Justice and poverty reduction: safety, security and access to justice for all', Department for International Development publication, 2000
Author: Department for International Development (DFID), http://www.dfid.gov.uk
Organisation: Department for International Development (DFID), http://www.dfid.gov.uk