Upload
others
View
4
Download
0
Embed Size (px)
Citation preview
Main USG Actors:Mandates, Capacities, and Approaches
Steven Austermiller
JusTRAC Interagency Justice Sector Training Program
February 25-26, 2016
U.S. GOV’T ROL ASSISTANCE
• Foreign Aid: $37.9b FY2016 (foreignassistance.gov)
• Rule of Law work plays a significant role
• Many agencies with different expertise, focus, and resources
• Who are they?
• 110 missions with ROL programs in over 50 countries
1. Jus t i ce and secur i ty sector refor m
2. Access to jus t ice and lega l empower ment
3 . Par l iamentar y s t rengthening and loca l g overnance
4 . Ant i -cor r uption
5 . Trans i t ional jus t ice and address ing widespread HR abuses
• Coordinates closely with DOS
• Mission Directors lead in identifying priorities and developing strategies, focusing
on long-ter m, sustainable development
• Timeframes are relatively long in ter ms of planning and execution
• Utilizes implementers with subject matter exper tise for program deliver y, with
super vision and evaluation by USAID personnel
UNITED STATES AGENCY FOR
INTERNATIONAL DEVELOPMENT
• Broad coverage in ROL
• Jud ic iar y
• Attorneys/Bar
• Lega l ass i s tance
• Lega l educat ion
• Civ i l soc ie ty (NGOs)
• Civ i l , commerc ia l , c r iminal , ADR
• ROL is part of Democracy, Human Rights and Governance (DRG) Strategy• Goal : suppor t the es tab l i shment and consol ida t ion of inc lus ive and accountable democracies to advance f reedom,
d igni ty and development .
• Funds implementers through contracts and cooperative agreements ($7 – $20m)
• Center of Excellence on Democracy, Human Rights & Governance (DRG Center) —
provide TA, urgent funding, cross cutting themes, grants
UNITED STATES AGENCY FOR
INTERNATIONAL DEVELOPMENT
• $65.9b (FY2015 total budgetary resources)
• Bureau of International Narcotics and Law Enforcement Affairs (INL )
• Focus Areas:
1. Supporting Rights and Justice
2. Countering Drug-related Crime and Improving Police Institutions
3. Combating Crime and Corruption
4. Partnerships
• Criminal Justice Assistance & Partnership Office (INL/CAP)
• Office of AntiCrime Programs (INL/C, and Office of Policy, Planning and Coordination (INL/PC)
• Major INL Publications:
• Guide to Justice Sector Assistance
• Corrections Assistance
• International Police Peacekeeping Operations Support
• Anti-Corruption Policy and Programming
• Gender in the Criminal Justice System
DEPARTMENT OF STATE( D ETA I LS COV ER ED I N F O LLOW I N G P R ES EN TAT I O N S )
• Bureau of Democracy, Human Rights and Labor (DRL)
• Country Reports on Human Rights Practices
• Human Rights Defenders’ Fund
• Human Rights and Democracy Fund (HRDF)
• Bureau of Conf lict and Stabilization Operations
• Supports State’s conflict and crisis-response efforts through locally grounded analysis, strategic planning, and operational support for local partners.
• Other areas: Counter-Terrorism, Gender issues, Trafficking in Persons, Countering Violent Extremism
• E.g., support for the International Institute for Justice and the Rule of Law (IIJ) to provide rule of law-based training to lawmakers, police, prosecutors, judges, corrections officials, and other justice sector stakeholders on how to address terrorism and related transnational criminal activities within a rule of law framework.
DEPARTMENT OF STATE( D ETAILS COVERED IN F O LLOW IN G P RES EN TAT IO N S )
• Train, equip, and support security establishments of international par tners:
• Afghanistan Infrastructure Fund (AIF); Afghanistan Security Forces Fund (ASFF); International
Counter-Drug Program (IDCP); Combating Terrorism Fellowship Program (CTFP); Cooperative
Threat Reduction (CTR); International Counter-Proliferation Program (ICP); DoD HIV/AIDS
Prevention Program (DHAPP); Global Train and Equip (GT&E); Coalition Readiness Support
Program (CRSP); and others.
• International Humanitarian Assistance:
• Humanitarian and Civil Assistance (HCA); Overseas Humanitarian, Disaster & Civic Aid
(OHDACA); Commanders Emergency Response Program (CERP)
• Defense Security Cooperation Agency
• Humanitarian assistance (OHDACA)
• Education and training (CTFP, GT&E, IMET, ASFF)
DEPARTMENT OF DEFENSE
• COCOMs (CCMD)
• Training and assistance through partnership and cooperation programs
• Defense Institute of International Legal Studies (DIILS)
• ROL training for foreign counterparts
• Civil Affairs
• Capacity building, ROL execution on Ops
• The Judge Advocate General
• ROL training and advice (including Ops)
• Center for Law and Military Ops
• International and Operational Law Divisions for each service (Ops law)
• Office for the Rule of Law and Detainee Policy
• Ensures military and its foreign partners respect human rights and humanitarian considerations
DEPARTMENT OF DEFENSE
• Office of Technical Assistance (OTA)
• §129 of the Foreign Assistance Act of 1961
• Authorizes establishment of DoT program to provide technical assistance to governments and central banks of developing or transitional countries.
• Current projects in 42 countries, $37.7m budget (33% from USAID, State, DOD, MCC)
• OTA Goals:
1. Strengthen ability to manage public finances and
2. Safeguard financial sector
• Supports ROL efforts in: counter terrorist, anti -money laundering, transparency, gov’t fairness, financial regulation, and anti -corruption.
DEPARTMENT OF THE TREASURY
• Commercial Law Development Program
• Promotes commercial legal reforms in developing and post-conflict countries
• Workshops, conferences, advisors
• Expertise: trade, intellectual property, customs, transparency & governance, and commerce
• Projects in over 50 countries
• ITA Good Governance Program
• Transparency through business ethics and anti-corruption
• Accountability in corporate governance
• Fairness in commercial dispute resolution
• Protection of intellectual property rights
• Funding from DOC, State, USAID
DEPARTMENT OF COMMERCE
• International Criminal Investigative Training Assistance Program (ICITAP) • Develop foreign law enforcement capacity (police and corrections)
• Protect human rights, fight corruption, and combat transnational crime and terrorism
• Often funded by DOS/INL, USAID, DOD and MCC
• Office of International Affairs (OIA) • Extradition and assistance with implementation of treaty obligations (e.g., Mutual Legal Assistance Treaty—
MLAT) and foreign ops through embassy attaches
• Office of the Deputy Attorney General• Special ROL offices on Iraq and Afghanistan
• Asset Forfeiture and Money Laundering Section (AFMLS)
• Human Rights and Special Prosecutions Section (HRSP)
• FBI, ATF, DEA, and U.S. Marshals
• $12.5m DOJ budget for international programs
DEPARTMENT OF JUSTICE
• Develop fair and accountable justice systems
• Capacity building of prosecutors, investigators, and judges
to combat transnational crime and ter rorism
• Legislative and justice sector reform
• Criminal procedure codes, criminal codes, international
standards
• Offices in 45 countries; about 60 RLAs/ILAs
• Funded through State, USAID, DOD
DEPARTMENT OF JUSTICE –
OPDAT
• Competitive selection • MCC’s Board scores each country based on policy performance criteria.
• Countr y-led solutions• MCC requires selected countries to identify their priorities for achieving sustainable economic growth and poverty
reduction.
• Countr y-led implementation• Host country implements through a local entity.
• Programs in 45 countries ($11.2b in Compacts)
• Goal is to reduce pover ty through economic growth
• ROL work examples:• Anti-corruption in judiciary
• Property rights and land policy• Land registration, dispute resolution, governmental services
MILLENNIUM CHALLENGE
CORPORATION
• DHS was created in 2002, through the integration of all or part of 22 different federal departments and agencies into a unified department.
• Federal Law Enforcement Training Centers (FLETCs)
• Law enforcement training and management
• International visitors to FLETC domestic centers
• Support to INL’s International Law Enforcement Academies (ILEAs)
• Training: rule of law, human rights, int’l law, terrorism, transnational crime
• International Operations Division (Homeland Security Investigations)
• Largest overseas DHS investigations/training programs
• U.S. Immigration and Customs Enforcement (Human Rights Violators Investigations)
• Find HR violators (incl. war criminals) and extradite to home country
DEPARTMENT OF HOMELAND SECURITY
DEPARTMENT OF HOMELAND SECURITY
• HSI/ICE: International training in cross border financial investigations, human trafficking, cyber & child exploitation, fraud & smuggling investigations, fraudulent documents
• U.S. Secret Service: Investigative training in financial and computer/cybercrime, threat & protective analysis
• Transportation Security Administration: Aviation passenger and air cargo security & air marshal training
• Customs & Border Protection: Port & border security training, bulk cash smuggling , cargo contraband targeting, fraudulent documents
• FEMA: Disaster planning, emergency management
• National Protection & Programs Directorate (NPPD): Protective security operations (e.g., Buildings), post-blast investigations, cyber & intelligence training
• U.S. Coast Guard: Port & maritime operations and security, small and large vessel security
• U.S. Citizenship & Immigration Services: Asylum & refugee programs
• Domestic Nuclear Detection Office (DNDO): Radiological & nuclear smuggling, and detection for law enforcement/borders
CASE STUDY: GEORGIA
GEORGIA: ROUGH NEIGHBORHOOD
Stabilization• Budget assistance
• Food, IDP camps
Reconstruction• Power and Gas Infrastructure
• Transportation Links
Recovery• Democracy and Governance
• Economic Growth
• Health and Social Development
GEORGIA: U.S. SUPPORT
• $1.5 Billion since 1992
• $1 Billion since 2008 war
EU Integration
Counter Russian power/influence/aggression
Anti-corruption and Transparency
GEORGIA: U.S. STRATEGIC GOALS
USAID COUNTRY DEVELOPMENT COOPERATIVE STRATEGY (CDCS)
• Implemented by East West Management Institute
• Purpose: strengthen the justice system to ensure due process, judicial independence,
and the protection of human rights.
• Addresses key challenges in the rule of law sector and capitalizes on opportunities
for accelerated rule of law and justice sector reforms where there is political will
and/or interest from civil society.
• Strengthen the legal environment for the application of due process rights and
improve their implementation.
GEORGIA ROL: USAID – PROLOG(Promoting the Rule of Law in Georgia )
• Prosecutor, Judge, Investigator Training
• Pre-trial and Trial skills
• Anti-terrorism
• Public Corruption
• Legislative Reform
• Criminal Procedure Code, juries, evidence, victim &
witness services
• Justice Sector Institutional Modernization
GEORGIA ROL: INL SUPPORT FOR
DOJ - OPDAT
• Training for attorneys on criminal defense (through ABA -ROLI)
• Criminal Procedure Code reform
• Criminal Procedure Code commentaries
• Unique online legal education platform for Georgia Bar Association
• Assistance with jury trial training
GEORGIA ROL: INL SUPPORT FOR
ABA - ROLI
• Education: improve teaching skills at
primary/secondary level
GEORGIA ROL: MCC
• With Army Corps of Engineers (USACE) and ODC
• Renovate schools
• With Army Corps and INL
• Pathology and Forensics Labs
• Police Academy
GEORGIA ROL: DOD
• CLDP published the Georgian magazine Copyright to help promote public awareness
of IP laws, and identify and solve problems with IP laws and enforcement.
• TA on IP enforcement
• Online registration
GEORGIA ROL: DOC - CLDP
• Capacity building assistance to
Georgian Revenue Service, including
dispute resolution
• Legal reform of Georgian Tax Code
GEORGIA ROL: TREASURY - OTA
USAID
PROLoG
• Law Schools
• Bar Association-Civil
• Legal Aid
INL/
ABA-ROLI
• Bar Association-Criminal
• Judges
INL/
DOJ-OPDAT
• Prosecutor Training
• Pre-Trial and Trial services
USG ROL CONNECTIONS: ADVOCACY
USAID
PROLoG
• Interactive teaching methods
• New legal subjects
• Accreditation reform
• Legal competitions
• Legal clinics
MCC and
DOD
• School renovations
• Improving teacher/admin capacity
INL/
ABA-ROLI
• Criminal law mock trials
• Criminal Code Commentaries
USAID
G-PriEd
USG ROL CONNECTIONS: EDUCATION
• Reading skills at
primary level
USAID
PROLoG
• Awareness raising campaigns for rights
• Legal aid associations
• NGO court monitoring
USAID
ACCESS
• Improve sustainability and capacities of Georgian Civil Society through grants
DOS • PAS-Democracy Commission grants
USG ROL CONNECTIONS: CIVIL SOCIETY
INL/
ABA-ROLI
• Georgian Bar member training – criminal defense
USAID
PROLoG
• Judge training
• Georgian Bar member training – civil, commercial, human rights
• Legal Aid training
• ADR
INL/
DOJ-OPDAT
• Criminal Procedure Code Reform
• Judges
DOC
USG ROL CONNECTIONS: COURTS
• Judge training – IP, Int’l
law and dispute resolution
Supply Demand
USG ROL CONNECTIONS: RIGHTS
Supply – side:• Police: INL, DOJ
• Prosecutors: INL, DOJ
• Courts: DOJ, INL, PROLoG
• Executive: USAID/GGI,
USDA, DOT/OTA
Demand – side • Education: USAID, DOD
• NGOs: USAID Programs
• Media: USAID/M-TAG
• Elections: NDI/IRI
• Coordination challenge
• Multilateral vs bilateral
• Center vs regions
• Musical chairs personnel
• Foreign view of U.S. ROL efforts
• Cookie-cutter/transplant approaches
Lessons Learned
• Greater coherence/coordination
• Regional focus changes
• Civil Society
• ROL’s relative decline
• Success stories/personal impact
• Tyranny of numbers (M&E)
• Implementation not formal laws
Trends
LESSONS LEARNED AND TRENDS
Steven Auster miller
Director for Legal Education,
East West Management Institute
www.ewmi-prolog.org
(+995) 591.917.870
sauster [email protected]
MADLOBHA!