Justice

Donor approaches to justice

DFID’s approach to the justice sector is outlined on the overview page of this guide. Issues like the accessibility of justice mechanisms to the poor, the perspectives of users, human rights and penal reform receive varying levels of attention from other donors. For example, the World Bank focuses on legal and judicial reform for the purpose of strengthening market institutions, and USAID on the ‘rule of law’.  Human rights are emphasised by the Ford Foundation, the European Union and the Canadian and Swedish development agencies. Recent policy documents and webpages are listed below. In general they show that more donors are paying attention to issues like access to justice in their approaches.

Page contents

Comparative studies

Piron, L-H, 2005, Donor Assistance to Justice Sector Reform in Africa: Living Up to the New Agenda? Open Society Justice Initiative
Is donor assistance to promote justice sector reform grounded in an adequate and appropriate understanding of African realities? Does it complement or conflict with the new poverty reduction agenda? This paper from the Overseas Development Institute outlines the history and current status of justice sector aid in sub-Saharan Africa. Justice sector aid could be a pro-poor, long term, developmental endeavour that contributes to the realisation of human rights, but only if key changes take place.
Full text available online

A series of reports from the Open Society Justice Initiative examine donor and government support for criminal justice reform projects, offer recommendations for more effective investment in the field, and provide methodologies for calculating the costs and benefits of pretrial detention and legal aid. Included are a workshop report of a meeting of justice focal points in donor agencies, comparing their policies and experiences, and a global mapping of assistance to criminal justice.

• Open Society Institute, 2008, ‘Towards a New Consensus on Access to Justice’, Summary of Workshop, 29-30 April, Brussels
• Perlin, J. and Baird, M. I., 2008, ‘Towards a New Consensus on Justice Reform: Mapping the Criminal Justice Sector’, Open Society Justice Initiative

African Development Bank

African Development Bank 2000, Bank Group Strategy Paper on Law for Development, African Development Bank
This strategy paper recognises that at the base of good governance lies an equitable, effective and efficient legal and judicial system. However, a successful outcome relies on African member countries' commitment to, and implementation of, the programme. The 'intangible' impacts of such a programme are difficult to quantify. The paper acknowledges that it may take time to fully realise the impact on the poor in terms of their perception of the equity of the system, or the economic benefits of specific reforms.
Access full text: available online

Asian Development Bank

Asian Development Bank, 2004, Law and Policy Reform Activities in Support of Poverty Reduction, ADB, 2004
How does the Asian Development Bank (ADB) approach legal and judicial policy reform in its member countries? This report outlines its main areas of operation and priorities for the future. In line with the Bank’s commitment to poverty reduction, the scope of its work in the sector has been expanded to include interventions that address wider issues of access to justice.
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• Asian Development Bank, 2001, Law and Policy Reform Bulletin, Office of the General Counsel, ADB, Manilla
• The Asian Development Bank's website on law and policy reform.

AusAID

Rowland, D. 2001, 'AusAID Statement to World Bank Conference on Law and Justice,' AusAID
This statement from AusAid's Governance group describes AusAid’s current activities, with particular emphasis on law and justice. The primary mandate of AusAid is to assist developing countries to reduce poverty and achieve sustainable development. Good governance is seen as an essential ingredient in achieving these goals. In 2001-2002, expenditure on governance activities is estimated to reach A$295 million. Of that figure approximately A$35.4 million goes to legal and judicial development, A$100 million to civil society and human rights, another A$100 million to public sector reform, and A$59 million to economic management. 
Access full text: available online

• AusAID's work on Law and Justice

Canadian International Development Agency

Toope, S. J., 1997, Programming in Legal and Judicial Reform: An Analytical Framework for CIDA     
How can legal systems be evaluated? What are the indicators of a well-functioning system of justice? This study by the Canadian International Development Agency (CIDA) looks at how legal and judicial reform fits within the overall mandate of CIDA. It suggests that whilst it is not possible to develop an inclusively supported definition of the rule of law, there are factors which may be said collectively to define a sound and effective legal system.
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• Lamontagne, V., 2000, CIDA's Programming in Legal and Judicial Reform 1990-1997, Political and Social Policies Division (YHR), Policy Branch, CIDA
• Policy for CIDA on Human Rights, Democratization and Good Governance

European Union

European Commission, 2001, The European Union's Role in Promoting Human Rights and Democratisation in Third Countries, Communication from the Commission to the Council and the European Parliament
How does the European Commission (EC) incorporate human rights and democratisation into its relations with countries outside the European Union (EU), and how does this relate to the justice sector? This EC communication to the European Council and Parliament outlines the Commission’s 2001 plans to refocus its human rights and democracy strategies in response to changing external circumstances and internal reforms.
Access full text: available online

• The European Union (EU)'s Human Rights and Democratisation Policy
• EIDHR, 2004, European Initiative for Democracy and Human Rights (EIDHR) Programming Update 2004, Commission Staff Working Document
• Lists of EU justice projects can be found on the European Initiative for Development and Human Rights (EIDHR) website.
• European Bank for Reconstruction and Development (EBRD) Legal Transition Programme

Ford Foundation

McClymont, M. and Golub, S 2000, 'Non-lawyers as Legal Resources for their Communities' in Many Roads to Justice, Ford Foundation.
This chapter of the book ‘Many Roads to Justice’ reviews the methods used by non-governmental organisations and community based organisations supported by the Ford Foundation to enable disadvantaged populations to become more legally self-sufficient, filling legal aid voids that exist in societies with few lawyers. ‘Non-lawyers’ refers mainly to professional or voluntary paralegals but also to ordinary community residents who use the law collectively or individually to gain access to government services and legal processes. The aims of paralegal work are to increase critical awareness about rights and the law, the ability to assert rights and the capacity to mobilize for change.
Access full text: available online

• The Ford Foundation's work on Human Rights

Japan International Cooperation Agency

Japan International Cooperation Agency, 2001, 'Basic Policy for Legal Assistance of Japan,' paper for the World Bank Conference on Legal and Justice Reform co-hosted by the Government of Russia, 2001
Background on the Japanese government's approach to justice sector reform.This report discusses the purpose of Legal Assistance, and identifies important considerations which must be borne in mind when one country provides Legal Assistance to another. Legal Assistance is defined as 'extending support to developing countries in their efforts to develop their law, which encompasses support for the drafting of specific bills, the creation of various legal systems for the implementation of laws and the capacity building of legal experts and practitioners'.
Access full text: available online

Swedish International Development Cooperation Agency

Swedish International Development Co-operation Agency 2002, Swedish Development Co-operation in the Legal Sector, SIDA.
What are the key features of Swedish development co-operation in the legal sector? This report outlines the importance placed on judicial and legal reforms in achieving democratic governance, poverty reduction and equality. It describes international trends and makes recommendations for effective interventions. It also identifies future priorities for Sweden.
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• Swedish International Development Cooperation Agency (SIDA) Democracy, Human Rights and Equality webpage
  

United Nations Development Fund (UNDP)

United Nations Development Programme, 2003, Practice in Action Workshop Report, Ahungalla, Sri Lanka, 19 – 21 November 2003, UNDP Asia-Pacific Rights and Justice Initiative, draft for comments
What are the main features of the access to justice policy being followed by the United Nations Development Programme (UNDP) in the Asia-Pacific region? This report from a workshop conducted by the Asia-Pacific Rights and Justice Initiative outlines the people-centred vision that has been developed by a regional network of practitioners. It also explores processes and lessons for implementation.
Access full text: available online.

United Nations Development Programme, 2002, Access to Justice for all and Justice Sector Reform, BDP Policy Note presented at UNDP Access to Justice Workshop, Oslo, March 2002.
Why is justice sector reform important for democratic governance and development? How does the United Nations Development Programme (UNDP) organise its operations in the sector? This policy note, presented at a UNDP Access to Justice Workshop, outlines recent thinking in the field and categorises UNDP activities within it.
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• UNDP webpage on promoting democracy through justice sector reform

United States Agency for International Development (USAID)

United States Agency for International Development, 2002, Achievements in Building and Maintaining the Rule of Law: MSI's Studies in LAC, E&E, AFR, and ANE, Office of Democracy and Governance, USAID
The US Agency for International Development (USAID) implements programmes to develop the rule of law and assist the justice sector in more than 50 countries. Over the past two decades, its experience in the sector has grown, and its law and justice activities have expanded to all regions of operation. This paper takes a long-term view of USAID rule of law programmes and offers a collection of achievements linked to them.
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• USAID's Rule of Law page

World Bank

Sage, C., Menzies, N., Woolcock, M., 2010, 'Taking the Rules of the Game Seriously: Mainstreaming Justice in Development - The World Bank’s Justice for the Poor Program' in Legal Empowerment: Practitioners’ Perspectives, ed S. Golub, International Development Law Organization, Rome, pp.19-38
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World Bank, 2003, Legal and Judicial Reform: Strategic Directions, Legal Vice Presidency, The World Bank
Sustainable and equitable economic growth and poverty reduction cannot be achieved without the rule of law. The World Bank’s mission is to promote growth and alleviate poverty, which has resulted in a stronger focus on legal and judicial reform. This report from the Bank outlines its activities in the sector and explains its strategic approach.
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World Bank 2004, Initiatives in Legal and Judicial Reforms, World Bank, Washington DC.
This selection of papers from the World Bank attempts to provide some insights on how a reform programme can be realised. The research seeks to draw lessons from the history of earlier reform initiatives. The papers range from broad, multi-country studies of efforts that lasted decades, to reviews of individual projects in a single country. They are divided according to whether the principal focus is (1) primarily historical, (2) programme strategy, (3) the efficacy of external support, or (4) targeted reviews of specific country programmes.
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• World Bank Law and Justice Institutions web site
• World Bank Legal Institutions of the Market Economy

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