Rule of law, justice, security and human rights

The protection of human rights and fundamental freedoms is highly inconsistent across the region. Effective rule of law, weak national human rights protection systems, lack of democratic policing, politically compromised judicial systems, and a general lack of access to justice are some of the most significant challenges.

While most countries and territories in the Western Balkans have relatively stable democracies, several countries elsewhere in the Europe and Central Asia region continue to be highly restrictive politically.

A legacy of armed conflicts and violence, prevailing impunity for perpetrators of serious crimes, lack of access to justice for victims, and a high number of available and untracked weapons are big challenges to stable development and sustainable peace.

Rates of sexual and gender-based violence remain high, and effective options for accessing immediate protection are often lacking.

UNDP works for improved rule of law. justice, security and human rights by:

• supporting governments in strengthening national systems of human rights protection;
• developing more effective justice systems together with national authorities;
• supporting governments to improve legal frameworks and increase people’s access to justice;
• promoting a participatory approach to citizen and community security;
• supporting efforts to prevent and reduce sexual and gender-based violence; and
• enabling societies to recover from the legacy of violence.

Protecting human rights

The protection of human rights and respect for rule of law in the Europe and Central Asia region is challenged by ongoing and protracted conflict situations, allegations of large-scale corruption, political instability and shrinking democratic space in some countries. Vulnerable and marginalized groups continue to have difficulty accessing public services, including education, health, employment and legal services, and being integrated in society.

UNDP works with governments and other national partners in strengthening systems of protecting human rights and collaborate with international human rights mechanisms, such as the Universal Periodic Review and UN human rights treaty bodies. For example, we support  designing and implementing  National Human Rights Action Plans, implementing measures for prevention of torture and working toward the elimination of discrimination and promotion of the rights of persons with disabilities.

Working with National Human Rights institutions (NHRIs) is a key priority for UNDP in the region. Our assistance includes revision of existing legal frameworks, assessing and building the capacities of NHRIs with a view to strengthen their compliance with Paris Principles; and developing effective systems to handle complaints. UNDP works with NHRIs on:

• Supporting the development and implementation of the Kyiv Declaration,  strengthening NHRIs’ role in preventing conflict and ensuring respect for human rights and their protection in conflict-affected and fragile settings;
• Cross-regional exchange on the human rights-based approach in implementing and monitoring the SDGs, and the policy guidance and capacity support that NHRIs need.

The Central Asia Support Initiative for National Human Rights Institutions is the first of its kind, bringing together the five NHRIs from Kazakhstan, Kyrgyz Republic, Tajikistan, Turkmenistan and Uzbekistan. The initiative, supported by UNDP and Office of the High Commission of Human Rights, established a regional platform for more effective, independent and interconnected NHRIs in Central Asia, through stronger mutual cooperation and technical support.

The Human Rights Council's unanimous endorsement of the United Nations Guiding Principles  on Business and Human Rights (UNGPs) in 2011 represented a watershed moment for tackling adverse impacts on people by businesses. For the first time, they provided a globally recognized and authoritative framework for governments and business enterprises' respective duties and responsibilities to prevent and address such impacts. During the past ten years, UNGPs have guided global efforts to reduce or eliminate the adverse impact of business operations on human rights. However, time has proved that the progress achieved is insufficient to effectively regulate the rapidly transforming relations between states, businesses, and people. It is particularly relevant for the ECIS region, where the implementation of non-binding UNGPs remains a one-off rather than a continuous practice.  UNDP supports the Business and Human Rights agenda in the region by advancing the development of National Action Plans and supporting the formulation and implementation of relevant policy and legal frameworks.

Improving access to justice

In the Europe and Central Asia region, poor and disadvantaged groups - such as rural populations, IDPs, migrants and refugees - face multiple obstacles in accessing information on legal procedures and seeking legal redress. There is a need to improve access to justice for all by providing free legal aid and raising legal awareness on topics ranging from legal identity and peaceful dispute resolution to family law issues and property disputes.

UNDP works closely with governments to improve legal frameworks and national justice systems. The goal is to increase access to justice and peaceful resolution of disputes for all.

UNDP has improved access to justice in the region by

• supporting the establishment of free legal aid and legal awareness programmes with a focus on vulnerable groups in Albania, Bosnia and Herzegovina, Georgia, Montenegro, the Kyrgyz Republic and Tajikistan;
• working with governments to ensure the sustainability of these services, and to develop legal frameworks for free legal aid, establish national free legal aid institutions, and plan for specific budget allocation to free legal services;
• facilitating policy dialogues on the rule of law and access to justice between the government and civil society; and
• promoting community security and access to justice in conflict-affected areas where regional and domestic conflicts have created specific access to justice needs for IDPs and refugees, such as in Turkey and Ukraine.

Legislative reform and effective justice systems

Legislative reform and making justice systems more effective must involve constructive collaborations with national actors. UNDP assists national authorities to put specific measures in place to ensure inclusive and equitable justice.

Strengthening justice institutions involves everything from courts, prosecution services and legal aid services to police, prisons and correction systems. In this process, we involve users and civil society and ensure the reforms align with the international rule of law standards. UNDP engages the public in legislative processes and enhances the quality of legislation through its support to the Parliaments.

We strengthen the knowledge and skills of judges, prosecutors, lawyers, ministries, civil society and the security forces, supporting access to alternative dispute resolution, including mediation and arbitration, and strengthening criminal justice institutions to fight against impunity according to due process.

UNDP work towards effective justice systems includes:

• supporting public dialogue platforms by bringing together governments, civil society, lawyers and academics to discuss policy decisions and legislative reforms aimed at improving justice processes;
• building the capacity of training centres for judicial and justice practitioners to align with international standards;
• building the capacities of law enforcement and justice institutions to deal with sexual and gender-based violence;
• piloting innovations such as e-justice and e-courts.

Community security and armed violence reduction

For many countries in the region, community insecurity and armed violence are a legacy of recent conflicts that have resulted in the large-scale accumulation and availability of weapons, as well as explosive remnants of war. They threaten the safe and peaceful coexistence of communities, and undermine the protection of human rights.

UNDP sees community security as more than merely a reduction of violence and delinquency rates. It involves the participatory process of establishing, strengthening and protecting democratic civic order, eliminating threats of violence in a population, and allowing for safe and peaceful coexistence. This addresses insecurity from a broader development perspective, by also tackling issues such as lack of social cohesion, impunity, the proliferation of illegal firearms, and poor service delivery.

UNDP has improved community security in the region by:

• helping develop and implement community safety plans in Kosovo* with the participation of communities, local authorities, police and community-based organizations, resulting in reduced armed violence and gender-based violence;
• establishing early warning systems and safety networks of citizens living in conflict-affected areas close to the front lines in Ukraine; and
• ensuring that Turkmenistan, Tajikistan and Uzbekistan effectively manage their borders with Afghanistan.

*References to Kosovo shall be understood to be in the context of Security Council resolution 1244 (1999).

SEESAC

Illicit trafficking of small arms and light weapons (SALW), improper storage conditions for SALW and their ammunition, and gender imbalanced policies that fail to address safety and security needs for everyone pose an impediment to the social and economic development of the region. This insecurity has exacerbated conflict in South Eastern and Eastern Europe, and threatens security to Europe as a whole.

SEESAC, a joint initiative of UNDP and the Regional Cooperation Council, started in 2002 to control and reduce the proliferation and misuse of small arms and light weapons. Its assistance to national governments includes everything from ‘hands-on’ interventions such as weapons destruction; security upgrades of storages; and marking, tracing and record-keeping of weapons to ‘soft power’ interventions such as awareness-raising campaigns, support for the integration of gender perspective in SALW control, and support for policy development.

SEESAC has expanded its scope in addressing security challenges, reforming gender in the security sector, both police and military, and creating platforms for regional security sector reform and armed violence monitoring.

Working with governments, international organizations and citizens, SEESAC is:

• piloting a signature solution to arms control based on over a decade of leading arms control actions in South East Europe with the European Union;
• reversing trends on gender equality in the security sector by collecting data with governments and building a culture of evidence-based policies;
• enabling women to thrive in SALW control policy-making by making the environment more accessible to them and increasing their presence and confidence; and
• leading, in partnership with governments in South East Europe, and supported by Germany, the region's most complex SALW control exercise - a roadmap aimed at combating illicit possession and misuse of firearms.

Supporting transitional justice

For societies emerging from conflicts, reliable and responsive justice systems are a key to moving forward. When communities are vulnerable, transitional justice can provide confidence in the commitment of countries to recover from the legacy of violence.

Societies must be enabled to address large-scale violence resulting from conflict, political upheaval, or authoritarian regimes. Nationally-led transitional justice processes contribute to atonement for human rights violations, help societies guard against a relapse into systematic discrimination or violence, and foster reconciliation. Strengthening national justice institutions can strengthen countries’ independence.

For example, in regions such as the Western Balkans, stronger and more efficient regional cooperation among countries is required to resolve the remaining backlog of war crimes cases and search for missing persons and ensure redress for the victims of past human rights violations.

To help enable societies recover from the legacy of conflicts and violence, UNDP:

• encourages dialogue and provides advice to governments and communities on measures of transitional justice, including establishing truth-seeking mechanisms and prosecuting conflict-related crimes, such as in the Western Balkans
• supporting agents of change that can strategically provide critical policy, programme and engagement solutions that are evidence-based, inclusive, and anchored on the long-term.

Regional War Crimes project

Twenty years after the end of armed conflicts that accompanied the break-up of the former Yugoslavia, accountability for war crimes is still a critical prerequisite for reconciliation and restoration of social cohesion and trust. Finding and identifying those who went missing during the conflicts can also help prevention of further fragmentation and violence in the Western Balkans.The Regional War Crimes Project (2018-2022), aims to address legacies of the conflicts in the Western Balkans from the 1990ies and support peacebuilding, reconciliation, and social cohesion by improving cross-border judicial cooperation, enhancing national capacities for victim support and search for missing persons, and raising public awareness about transitional justice. The project builds on previous UNDP engagement in the sub-region on transitional justice issues.

Specifically, the project seeks to:

• strengthen and consolidate the platform for regional cooperation among the prosecution services, courts and other state institutions and enhance their capacities for processing war crimes cases and search for missing persons;
• improve judicial and non-judicial victim and witness support mechanisms, including by CSOs, to increase victims and witnesses’ participation in war crimes proceedings and improve rights-based services and support to victims of war crimes and families of the missing persons;
• promote fact-based public communication and outreach in the region on accountability for war crimes and dealing with legacy of the past conflicts, especially among young professionals as future opinion leaders, to maximize societal impact of the criminal proceedings and other transitional justice processes for long term stability and prevention of re-radicalization.