THE UNITED NATIONS RULE OF LAW INDICATORS PROJECT
Frequently Asked Questions
What is the United Nations Rule of Law Indicators Project?
Theprimary objective of the UN Rule of Law Indicators Projectisto identify the strengths and challengesof the rule of law sector in a given country in order to assist national authorities in their rule of law reform efforts, including the development of national rule of law strategies. In addition, the UN Rule of Law Indicators will assist donors and other stakeholders in better planning their rule of law support programming.
The Project will develop a set of indicators that can be used, if and when agreed to by the Government concerned, to obtain information regarding law enforcement agencies, the judicial system and the prison system in a given country, and the transformation of these institutions over time. It will focus on criminal justice institutions and legislation due to their importance for peace and security in post-conflict settings.
The Project shall focus on both outputs, i.e. institutional performance, and outcomes, i.e. the effect or consequences of institutional performance. With the full cooperation of national authorities, information will be collected from a range of sources, including national and international stakeholders and in-country data collection mechanisms. The UN Rule of Law Indicators are being developed for use primarily in post conflict settings, but can be used in other contexts. They will not be used without the prior agreement of national authorities and support of relevant national actors.
Why is such an instrument necessary?
In recent years, indicators have become an important tool to assess progress in key areas of governance, including the rule of law. Though a number of institutions have developed indicators, many of these initiatives focus on subjective data and not objective information. The UN Rule of Law Indicators Project will draw on a comprehensive range of data sources to obtain an empirical and objective overview of law enforcement agencies, the judicial system and the prisonsystemin a given country, and the transformation of these institutions over time and will complement existing indicators, instruments and assessment tools. The comprehensivenature of the UN Rule of Law Indicators will assist national authorities in developing and implementing their criminal justice strategies in a comprehensive manner, in line with international human rights standards, so as to ensure that criminal justice systems are fair and effective.
How will the United Nations Rule of Law Indicators Projectwork?
The UN Rule of Law Indicators Project will generate clear and informative indicators necessary for specialists and the general public to understand and discuss details of the rule of law at the country level. The UN Rule of Law Indicators Projectis not designed to rate, rank or compare countries in terms of performance of their rule of law institutions and legal frameworks but to assist national authorities in developing and implementing their criminal justice strategies in a comprehensive manner, in line with international human rights standards, so as to ensure criminal justice systems are fair and effective.
What is the meaning of the term “rule of law” for the United Nations?
The rule of law refers to a “principle of governance in which all persons, institutions and entities, public and private, including the State itself, are accountable to laws that are publicly promulgated, equally enforced and independently adjudicated, and which are consistent with international human rights norms and standards. It requires, as well, measures to ensure adherence to the principles of supremacy of law, equality before the law, accountability to the law, fairness in the application of the law, separation of powers, participation in decision-making, legal certainty, avoidance of arbitrariness and procedural and legal transparency.”[1]
How will the United Nations Rule of Law Indicators Project be developed?
The UN Rule of Law Indicators Project is a joint initiative of the Department of Peacekeeping Operations and the Office of the High Commissioner for Human Rights in cooperation with the Department of Political Affairs,the Office of Legal Affairs,the United Nations Children’s Fund,United Nations Development Programme, the United Nations Development Fund for Women, the United Nations High Commissioner for Refugees, the United Nations Office on Drugs and Crime and the World Bank. The UN Rule of Law Indicators Project will be developed for the UN by the Vera Institute of Justice/Altus Global Alliance,a network of six nongovernmental organizations and academic centres based in Brazil, Chile, India, Nigeria, Russia, and the United States. Before being finalized, the UN Rule of Law Indicators will be tested in Haiti and Liberia, with the agreement of the national authorities, in support of relevant national stakeholders, and in cooperation with the UN Missions and Country Teams.
How willthe United Nations oversee and evaluate the development of the project?
The Vera Institute is working under the instructions and guidance of a Steering Committee co-chaired by the Department of Peacekeeping Operations and the Office of the High Commissioner for Human Rightsand will also provide periodic reports to an advisory body of United Nations members and the World Bank.
How is the United Nations Rule of Law Indicators Project being funded?
In addition to funds from the United Nations budget,funding for the approximately US$1 million project has been provided by Australia, Canada, Finland, Luxembourg, Norway, Sweden and the United Kingdom.
[1]Report of the Secretary-General to the Security Council, The rule of law and transitional justice in conflict and post-conflict societies, 23 August 2004, S/2004/616, paragraph 6.