Technical Assistance and Institutional Capacity-Building

Canada is internationally recognized for providing technical assistance to other countries that wish to reconstruct and reform their justice systems. This assistance centres on initiatives consistent with Canadian values to promote the rule of law and human rights that draw on the extensive expertise of the Department of Justice Canada.

To help establish democracy, peace and security according to the rule of law, the Department of Justice provides services and policy direction to support development assistance and capacity building in transitional and fragile states through the work of the International Legal Programs Section (ILPS).

The ILPS has overall responsibility for the administration and management of the Department’s international technical legal assistance programs as well as responses to urgent justice sector crisis situations as part of a whole-of-government intervention, and is the Department’s centre of expertise on legal and policy issues related to building, reforming and strengthening legal systems in other states.

Responsive Solutions

Many projects in states that are relatively stable involve technical legal assistance and large scale project management.  In response to the needs and priorities of those states, the ILPS projects have addressed issues such as:

• justice ministry mandates and structures;
• strengthening legislative drafting capacities; and
• reforming criminal justice systems.

Projects of this kind have been implemented in countries as diverse as Hungary, Mali, Ukraine, Bangladesh, Slovakia and the Czech Republic.

Other projects focus on the needs of fragile states and those dealing with current, recent or potential crises. These projects focus on institutional capacity and legal and judicial system foundations such as:

• establishing and strengthening justice ministries;
• providing advice and policy support on anti-corruption measures;
• developing legal resource centres;
• improving access to legislation; and
• strengthening the legislative-drafting function in governments and legislatures.

Working with Partners

The ILPS works closely with partners in government, justice system and civil society in these countries. It also has important partners within the Government of Canada.

Funding Partners

The Canadian International Development Agency (CIDA) helps to identify and support ILPS activities. The ILPS uses CIDA bilateral program funding to work with justice system partners, normally on a government-to-government basis.

The Department of Foreign Affairs and International Trade (DFAIT) helps to identify and fund ILPS activities. Much of this funding is organized through the Global Peace and Security Fund (GPSF) – a critical component of the Stabilization and Reconstruction Task Force portfolio. The GPSF provides financial and operational resources to facilitate timely, effective and accountable conflict prevention, crisis response, peace operations and civilian protection and stabilization interventions in fragile states identified as Canadian interests and in line with Canadian foreign-policy priorities.

Both CIDA and DFAIT turn to the ILPS to gain access to Department of Justice Canada expertise on technical legal issues, ranging from legislative drafting to law reform to gender considerations. The ILPS has a track record of accountability in managing and delivering projects with clear results over the long term.

ILPS International Cooperation Activities

Southern Sudan Legal Resource Centre Project

Why this Project?

A Comprehensive Peace Agreement in 2005 ended 50 years of civil war in Southern Sudan. Canada, and other countries, were soon seeking effective ways to support peacebuilding efforts in that region  An assessment by Canada’s Department of Foreign Affairs and International Trade (DFAIT), through its Global Peace and Security Program, identified the rebuilding of the legal system as a priority that Canada should support.

It was widely recognized that a stronger legal system in Southern Sudan is critical to establishing the rule of law, supporting social and economic development, encouraging stability and reconciliation and preventing renewed conflict. However, after decades of civil war, the country lacked the basic infrastructure to support effective legal system operations.

ILPS Contribution and Partnerships

DFAIT enlisted the Department of Justice Canada through the International Legal Programs Section (ILPS) to develop and implement the Southern Sudan Legal Resource Centre Project. The goal was to create a legal resource centre and law library that would provide access to legal resources for the region’s governmental and legal system officials, as well as other citizens.

Recognizing the Department’s extensive experience with law library management and operations, DFAIT concluded that the ILPS would manage the project effectively and accountably.  Project funding was provided through the Global Peace and Security Fund. A Regional Head Librarian from the Department of Justice provided technical expertise, while the ILPS coordinated its work with development agencies and the Government of Southern Sudan.

The Project and its Results

After an exploratory mission to the region to define the project and meet with stakeholders and partners, the work began. It resulted in:

• the identification and acquisition of a core collection of key legal texts and resources;
• the acquisition of high-quality prefabricated structures (funded by the United Nations Development Programme) to house the library;
• the training of a law librarian;
• the recruitment and training of other library staff; and
• a plan for the ongoing management of a sustainable legal resource centre and law library.

The Law Library and Legal Resource Centre is now operational at its site on the grounds of Southern Sudan’s Ministry of Legal Affairs and Constitutional Development in Juba.

ILPS International Cooperation Activities

Legal Reform in Bangladesh

Why this Project?

Leaders in Bangladesh – legal, governmental, and from civil society – recognized that the country’s legal system was not working effectively, and that the gaps in the system had an impact on access to justice and effective governance. They sought Canadian support for their commitment to improve the legal system.

ILPS Contribution and Partnerships

The Canadian International Development Agency (CIDA) enlisted the assistance of the Department of Justice Canada through the International Legal Programs Section (ILPS) to develop and implement a wide-ranging program to support modernization of the justice system in Bangladesh.

The Project and its Results

This project had many components aimed at:

• improving the efficiency, productivity and quality of the work done by the Ministry of Law, the Law Commission and the Attorney General’s Office;
• improved the quality of laws;
• enabling the country’s Law Commission to be more engaged in the legal reform process;
• increasing access to updated laws by stakeholders; and
• improving the criminal justice system.

Even taking into account the complex political situation of Bangladesh during the life of the project, the ILPS helped to generate significant progress in key areas of legal system reform.

Legislative Drafting

Clear, accessible legislation is important for people in the legal system such as judges and lawyers, as well as for citizens who want to understand their legal rights and obligations. Bangladesh did not have a system to make its legislation accessible, and its processes for drafting new laws fell short of international best practices.

ILPS activities led to:

• the creation and printing of a 38-volume set, plus an index, of the consolidated statutes of Bangladesh (“the Code”) – the first time the country’s laws had been brought together;
• the development and posting of an online version of the Code, making access to the most current laws of Bangladesh easily accessible to people in government, the legal system and civil society;
• the creation and printing of an English-Bangla Law Lexicon;
• extensive training, advice and support to sustain and build on modernized legislative drafting, including attention to gender issues and “plain language” drafting; and
• the establishment of the necessary information technology infrastructure in the Ministry of Law to enable legislative drafters and others to work more effectively.

Criminal Justice

Priorities for improving the rule of law in Bangladesh included fixing gaps in the Bangladeshi criminal justice system, such as the treatment of issues that affect women and vulnerable groups; addressing concerns about the criminal prosecution process; and addressing the situation surrounding current powers of arrest and detention. This part of the project involved working with subject-matter experts within the Department of Justice Canada and with leading Bangladeshi experts and major non-governmental organizations such as the Acid Survivors Foundation.

ILPS activities led to:

• work with acid survivors (people, usually women, who have been attacked by having acid thrown at their faces) and government officials to encourage more effective prosecutions of acid attacks;
• identification of legal safeguards needed in relation to the use of arrest and detention powers; and
• support for an improved criminal prosecution system.

ILPS International Cooperation Activities

Jamaica – Justice Undertakings for Social Transformation Program

Why this Project?

Jamaica has one of the highest homicide rates in the world. There have been many unsuccessful efforts to crack down on crime, much of which is related to the drug trade. One barrier to success is a justice system that many Jamaicans do not see as effective.

ILPS Contribution and Partnerships

The Ministry of Justice of Jamaica has turned to the Department of Justice Canada, through the International Legal Programs Section (ILPS), to work with them on a multi-year project: the Justice Undertakings for Social Transformation (JUST) Program. The JUST Program aims to modernize the Jamaican justice system. The Canadian International Development Agency (CIDA) is funding the project, which involves teams in Ottawa and Jamaica.

The Project and its Results

The JUST Program is moving toward results in three areas:

1. Order in Institutions
   • It seeks to strengthen the institutions of Jamaica’s justice system, including:
   • the Ministry of Justice;
   • the Office of Parliamentary Counsel;
   • the Office of the Director of Public Prosecutions; and
   • a proposed Law Reform Commission.
2. Order in Legislation
   1. It supports the development and implementation of modernized criminal legislation for Jamaica.
3. Order in Society
   It engages partners in Jamaican society through actions to:
   • create comprehensive community-service agencies that bring legal, medical and social services to targeted neighbourhoods;
   • pursue justice reforms that have strong support from civil society; and
   • add to the practical knowledge that will help improve justice reform in Jamaica.

ILPS International Cooperation Activities

Combating Corruption in Ukraine

Why this Project?

The Government of Ukraine recognizes that corruption works against its social and economic goals. It has identified a need to strengthen the tools it can use to combat corruption.

Corruption is ruinously pernicious because of its wide range of deleterious effects, both direct and indirect. It diverts resources from the achievement of public goals; weakens the positive effects of market mechanisms; increases social inequality; discredits law as a fair and effective instrument of public regulation; strengthens the grip of oligarchic cliques in government; weakens faith in public authority; increases alienation, dissatisfaction and social tension; erodes political stability; and hinders the economic development and international competitiveness of a nation, both in the present and for the future.

ILPS Contribution and Partnerships

The Government of Ukraine specifically asked the Department of Justice Canada to work with them, given the record of Canada-Ukraine cooperation and the Department’s expertise. The Canadian International Development Agency is funding this four-year project, which draws on a small team in Ottawa and specialized organizations in Ukraine.

The Project and its Results.

The project is centered firmly on subjects that go to the very heart of public administration. It deals with the fundamental matters of good administration that must be addressed if the Ukrainian government is to properly perform its functions and regain the trust of citizens. While the temptation to use a position of public power for personal advantage is universal and ever-present, corruption is by no means inevitable. The personal propensity to misuse public office can be offset by strong countervailing considerations such as professional integrity, competent and transparent administration, and well-designed legal norms. Accordingly, the project will help Ukraine make improvements on a number of technical matters. This project has two main objectives:

• to make possible the development of a national strategy to target corruption, supported by improved policy development skills and mechanisms.
• to aid in the design and implementation of corruption-preventing legislation for Ukraine.  This work involves the review of existing and proposed legislation to identify clauses that may contribute – intentionally or not – to corrupt practices.