Women and children hold up signs at a rally against corruption in the northern Pakistani city of Peshawar. Credit: Ashfaq Yusufzai/IPS

By Kanya D'Almeida
UNITED NATIONS, Jul 8 2015 (IPS)

A woman is stopped at a checkpoint; she gives birth, and dies. Another is sold in a slave market. A boy is killed by a tank. A young man drowns at sea, trying to reach a haven safe from oppression and poverty.

These were just some of the examples that Rima Khalaf, executive secretary of the Economic and Social Commission for Western Asia (ESCWA), touched on during a panel discussion on the importance of the rule of law held at the U.N. headquarters on Jul. 7.

In each of scenarios laid out above, Khalaf said, had the person in question been of a different race, ethnic group, gender or religion, they might have been spared an untimely or violent death. In other words, they might have been under the protection of the law.

All too often, however, citizens are either unable or unaware of how to demand their legal rights – be it access to food, jobs or justice.

As the U.N. closes a 15-year chapter of poverty eradication efforts defined by the eight ambitious Millennium Development Goals (MDGs), and moves towards a new, sustainable development agenda, legal experts came together Tuesday to discuss how the rule of law can help bolster the post-2015 blueprint for global change.

Organised by the International Development Law Organisation (IDLO), an intergovernmental body devoted to empowering citizens and enabling governments to establish robust legal systems worldwide, the two-part event series revolved around Goal 16 of the proposed Sustainable Development Goals (SDGs), which aims to build inclusive societies by providing equal justice to all.

Promoting and strengthening the rule law in the realm of international development would seem, as IDLO Director-General Irene Khan pointed out, “a no-brainer”.

“There is a paradox here at the U.N. that bothers me deeply,” Khan said at a panel co-hosted by the IDLO and the Law School of the University of Pennsylvania (Penn Law) Tuesday. “You can almost think of it as parallel railway lines, with two trains hurtling down these tracks through the landscape of the U.N. since its inception.

“One is the train that is running the development agenda, and the other is the train running the human rights agenda. I only hope that the principle of the rule of law that has now been acknowledged as part of the development agenda will bring these two tracks together – and that the meeting won’t be a crash but a synergy.”

Since its inception in 1988, the IDLO has remained the only organisation dedicated entirely to promoting the rule of law, repeatedly pushing for effective and accountable legal systems around the world as the basis for eradicating poverty, fighting discrimination and ensuring access to basic services.

It also highlights the links between inequality and lawlessness, where good governance seeps through cracks in weak justice systems, eroding the public’s confidence in the very structures that are designed to ensure their well-being.

Recounting a conversation she had with a chief justice in one of the IDLO’s partner countries, Khan said, “I was told that in this particular country people often say, ‘Why hire a lawyer if you can buy a judge?’ It is these situations that the rule of law addresses.”

In short, she said, the rule of law regulates power, a crucial step in the realisation of the SDGs.

“Poverty is not a matter of income,” she stressed. “It is a matter of powerlessness.”

Consider the following example from Uganda, where three-quarters of the population are subsistence farmers and where land disputes can have a heavy impact on livelihood and food security.

For many years, inefficient and informal justice systems meant that farmers, and particularly women, had no recourse to resolutions over even the most minor discord.

With the introduction in 1995 of the Uganda Land Alliance (ULA) – established to provide legal empowerment to rural communities through Land Rights Information Centres – fair land laws and policies, as well as swift access to justice, has become the norm, rather than the exception.

In Ecuador, an IDLO training programme on access to fair trade markets and the basic legal aspects of forming and running micro-enterprises has given local communities in predominantly rural areas significant leverage in tapping into new revenue streams.

And in Rwanda, where women held just 43 percent of seats in the lower parliament in 2003, a new constitution and the creation of women’s councils over the past decade pushed women’s political representation to 64 percent in 2013, resulting in stronger laws on violence against women and gender-based crimes.

Any number of similar examples, from Afghanistan to Kyrgyzstan to Kenya, stand as testimony to the sheer scope and significance of the rule of law for the global development agenda.

But while legal frameworks are vital to securing rights and enshrining the basic tenets of development in constitutions worldwide, they cannot and do not exist in a vacuum.

“Laws alone are not enough,” Khalid Malik, former director of the United Nations Development Programme’s (UNDP) Human Development Report noted during the panel discussion. “Many countries have all manner of statutes and conventions, but behaviors have not altered. If institutions are not pro-poor, change will not happen.”

He stressed that part of the problem lies in “institutions often being captured by the elites”, or other powerful interests, making them less accessible to marginalised groups.

What is needed, he says, is an approach to the rule of law that is rooted in justice, and the empowerment of ordinary people.

“When you have a universal approach to education and health,” he stated, “You empower people enormously. Think of the Arab Spring – it happened mostly in countries that were doing well on health and education. Why? Because once you’re educated, you become far more aware of your rights, you start expecting more from institutions, and the relationship between the citizen and the state starts to change.”

It is precisely this change that lawmakers hope to see as the U.N. finalizes its new development plans for a more just and sustainable world.

Edited by Kitty Stapp

Yury Fedotov, Executive Director of the U.N. Office on Drugs and Crime (UNODC) with U.N. Secretary-General Ban Ki-moon. "The magnitude of the problems we face is such that it is sometimes hard to imagine how any effort can be enough to confront them. But to quote Nelson Mandela, 'It always seems impossible until it is done'. We must keep working together, until it is done" – Yury Fedotov. Credit: Courtesy of UNODC

By Yury Fedotov
VIENNA, May 27 2015 (IPS)

With terrorism, migrant smuggling and trafficking in cultural property some of the world’s most daunting challenges, “the magnitude of the problems we face is such that it is sometimes hard to imagine how any effort can be enough to confront them. But to quote Nelson Mandela, ‘It always seems impossible until it is done’. We must keep working together, until it is done.”

The words are those of U.N. Office on Drugs and Crime (UNODC) Executive Director Yury Fedotov, who was speaking at the closing of the 24th Session of the Commission on Crime Prevention and Criminal Justice (Crime Commission) held in the Austrian capital from May 18-22.

Earlier this month, IPS Editor-in-Chief Ramesh Jaura interviewed Fedotov on how the challenges facing the United Nations’ drugs and crime agency translate into challenges on the sustainable development front.“The share of citizens experiencing bribery at least once in a year is over 50 percent in some low-income countries. Many detected human trafficking movements are directed from poor areas to more affluent ones. Research also suggests that weak rule of law is connected to lower levels of economic development” – UNODC Executive Director Yury Fedotov

Q. The United Nations Office on Drugs and Crime (UNODC), established in 1997, understands itself as “a global leader in the fight against illicit drugs and international crime”. At the same time, you have taken up the cudgels on behalf of sustainable development. What role does the UNODC envisage for itself in achieving sustainable development goals to be agreed at the U.N. summit to adopt the post-2015 development agenda in September?

A. Crime steals from countries, families and communities and hampers development while exacerbating inequality and violence, especially in vulnerable countries. Trafficking in diamonds and precious metals, for instance, diverts resources from countries that desperately need the income.

The share of citizens experiencing bribery at least once in a year is over 50 percent in some low-income countries. Many detected human trafficking movements are directed from poor areas to more affluent ones. Research also suggests that weak rule of law is connected to lower levels of economic development. These are just some of the many challenges that the international community faces around the world that are related to crime.

UNODC’s broad mandate includes stopping human traffickers and migrant smugglers, as well as tackling illicit drugs. It encompasses promoting health and alternative livelihoods and involves battling corruption, illicit financial flows, money laundering and terrorist financing. Our work confronts emerging and re-emerging crimes, including wildlife and forest crime, and cybercrime, among others, all of which hinder sustainable development.

Currently the United Nations is making the transition from the Millennium Development Goals (MDGs) to the Sustainable Development Goals (SDGs). In Goal 16, the Open Working Group, responsible for identifying the development goals stressed the need to promote peaceful and inclusive societies for sustainable development, and to provide access to justice for all, as well as building effective, accountable and inclusive institutions. Justice is also one of the six essential elements identified by the Secretary-General in his own Synthesis Report on this subject.

Goal 3, which focuses on “ensuring healthy lives”, underlines the importance of strengthening prevention and treatment of substance abuse. These goals – justice and health – go to the very heart of UNODC’s mission. I am hopeful that when the U.N. Heads of State Summit on Sustainable Development in September 2015 takes place these goals will remain.

Q. UNODC organised its Thirteenth Congress on Crime Prevention and Criminal Justice from Apr. 12 to 19 in Doha, Qatar. The 13-page Doha Declaration contains recommendations on how the rule of law can protect and promote sustainable development. Is that the reason that you described Doha as a “point of departure”?

A. The Doha Declaration was passed by acclamation at the 13th Congress on Crime Prevention and Criminal Justice, and contains crucial recommendations on how the rule of law can protect and promote sustainable development. The declaration is driven by the principle that these issues are mutually reinforcing and that crime prevention and criminal justice should be integrated into the wider U.N. system.

At the 24th Session of the Commission on Crime Prevention and Criminal Justice (May 18-22), there were nine resolutions before the Commission and they pave the way for the Doha Declaration to go before the U.N. General Assembly and ECOSOC for approval. The other resolutions, for instance on cultural property and standard rules on the treatment of prisoners, seek to implement the principles of the Doha Declaration.

It is for this reason that I described the 13th Crime Congress in Doha as a significant “point of departure”. Doha is the first, but not the last step in the process of implementing the Declaration and ensuring that we turn fine words into spirited and dedicated action in the areas of crime prevention and criminal justice – action that can benefit the millions of victims of crime, illicit drugs, corruption and terrorism.

If we do this, we have an opportunity to energise the 60-year legacy of Crime Congresses and give it the power to shape how we tackle crime and promote development for many years to come. Indeed, I see a strong, visible thread between the recent Crime Congress, September’s UN Summit on Sustainable Development and the 14^th Crime Congress in Japan in five years’ time.

Q. The Doha Declaration also pleads for integrating crime prevention and criminal justice into the wider United Nations agenda. This suggestion comes at a point in time when the United Nations is turning 70. Are there some issues which the United Nations has ignored until now or is there a range of issues that have emerged over previous decades?

A. Member States are increasingly affected by organised crime, corruption, violence and terrorism. These challenges undercut good governance and the rule of law, threatening security, development and people’s lives.

Sustainable development can be safeguarded through fair, human and effective crime prevention and criminal justice systems as a central component of the rule of law. As stated by U.N. Secretary-General Ban Ki-moon: “There is no peace without development; there is no development without peace; and there is no lasting peace and sustainable development without respect for human rights.”  We need to break down the walls between these activities and integrate the various approaches.

UNODC is well placed to assist. We work closely with regional entities, partner countries, multilateral and bilateral bodies, civil society, academia and the private sector to support the work on development. We can also offer our support at the global, regional, and local levels, through our headquarters and network of field offices.

Q. Do you find willingness on the part of all countries around the world to agree on national, regional and international legal instruments, to combat all forms of crime, and their willingness to pull on the same string when it comes to implementation?

A. Our work is founded on the U.N. Convention against Transnational Organised Crime and its three protocols, the Convention against Corruption, international drug control conventions, universal legal instruments against terrorism and U.N. standards and norms on crime prevention and criminal justice.

Almost all of these international instruments have been universally ratified by the international community. Why? Because countries recognise that crime today is too big, too powerful, too profitable for any one country to handle alone. Countries recognise that, today, crime not only crosses country borders, but regional borders. It is a global problem that warrants comprehensive, integrated global solutions.

The UNODC approach to this unique challenge is threefold. First, we are building political commitment among Member States. Second, we deliver our activities through our integrated regional programmes across the world. Third, we are working with partners, both within and outside the United Nations, to ensure that our delivery is strongly connected to other activities at the field level.

In support of this action, and to give just one example, UNODC is networking the networks. Today’s criminals have widespread networks and vast resources; if we are to successfully confront them, we need to ensure greater cross-border cooperation, information sharing and tracking of criminal proceeds.  The initiative is part of an interregional drug control approach developed by UNODC to stem illicit drug trafficking from Afghanistan and focuses on promoting closer cooperation between existing law enforcement coordination centres and platforms.

Q. UNODC has assigned itself a wide range of tasks. Which are your priorities in the biennium ending this year, during which you have 760.1 million dollars at your disposal?

A. I would mention two matters that are of international importance. First, smuggling of migrants not just in the Mediterranean or the Andaman seas, but also elsewhere. We are witnessing unprecedented movements of people across the globe, the largest since the Second World War. People are leaving because of conflict, insecurity and the desire for a better life. They are falling into the arms of unscrupulous smugglers and many of them are dying, while trying to make the dangerous journey across deserts and seas.

Second, the nexus of transnational organised crime and terrorism is a major threat to global peace and security, and has been recognised as such in recent Security Council resolutions. Every extremist and terrorist group requires sustainable funding. The most reliable, and sometimes the only, means of achieving this is through illicit funds gained from transnational organised crime, including cybercrime, drug trafficking, people smuggling and many other crimes.

Information on the magnitude and exact nature of such relationships remains incomplete, and more research is needed. Based on data and analysis, however, for some regions, we can follow the funding in support of violent extremism and terrorism. In Afghanistan, for example, the Taliban could be receiving as much as 200 million dollars annually as a tax on the drug lords.

Edited by Phil Harris    

Excerpt:

The appointment of Italian Foreign Minister Federica Mogherini as the new European Union foreign policy chief offers the opportunity for an overhaul of EU foreign and security policy.

With many EU leaders, ministers and senior officials slow to respond to world events given Europe’s traditionally long summer break, the 2014 summer of death and violence has left the reputation of ‘Global Europe’ in tatters, highlighting the EU’s apparent disconnect from the bleak reality surrounding it.

When she takes charge in November along with other members of the new European Commission, led by Jean-Claude Juncker, Mogherini’s first priority must be to restore Europe’s credibility in an increasingly volatile and chaotic global landscape.

Shada Islam. Courtesy of Twitter

It cannot be business as usual. A strategic rethink of Europe’s global outreach is urgent.

Europe can no longer pretend that it is not – or only mildly – shaken by events on its doorstep. In a world where many countries are wracked by war, terrorism and extremism, EU foreign policy cannot afford to be ad hoc, reactive and haphazard.

Given their different national interests and histories, European governments are unlikely to ever speak with “one voice” on foreign policy. But they can and should strive to share a coherent, common, strategic reflection and vision of Europe’s future in an uncertain and anxious world.

Changing gears is going to be tough. Many of Europe’s key beliefs in the use of soft power, a reliance on effective multilateralism, the rule of law and a liberal world order are being shredded by governments and non-state actors alike.

With China and other emerging nations, especially in Asia, gaining increased economic and political clout, Europe has been losing global power and influence for almost a decade.“Europe can no longer pretend that it is not – or only mildly – shaken by events on its doorstep. In a world where many countries are wracked by war, terrorism and extremism, EU foreign policy cannot afford to be ad hoc, reactive and haphazard”

Despite pleas by the North Atlantic Treaty Organization (NATO) and the crisis in Ukraine, most European governments remain reluctant to increase military and defence spending. At the same time, the Eurozone crisis and Europe’s plodding economic recovery with unacceptably high unemployment continue to erode public support for the EU both at home and abroad.

Populist far-right and extreme-left groups in Europe – including in the European Parliament – preach a protectionist and inward-looking agenda. Most significantly, EU national governments are becoming ever greedier in seeking to renationalise important chunks of what is still called Europe’s “common foreign and security policy”.

To prove her critics wrong – and demonstrate foreign policy expertise and flair despite only a six-month stint as Italy’s foreign minister – Mogherini will have to hit the ground running.

Her performance at the European Parliament on September 2, including an adamant rejection of charges of being “pro-Russian”, appears to have been impressive. Admirers point out that she is a hard-working team player, who reads her briefs carefully and speaks fluent English and French in addition to her native Italian.

These qualities should stand her in good stead as she manages the unwieldy European External Action Service (EEAS), plays the role of vice president of the European Commission, chairs EU foreign ministerial meetings, chats up foreign counterparts and travels around the world while also – hopefully – spearheading a strategic review of Europe’s global interests and priorities.

Italian Foreign Minister Federica Mogherini with UN Secretary-General Ban Ki-moon. Credit: UN Photo/Evan Schneider

The tasks ahead are certainly daunting. There is need for reflection and action on several fronts – all at the same time. Eleven years after the then EU High Representative Javier Solana drew up the much-lauded European Security Strategy (partially revised in 2008), Europe needs to reassess the regional and global security environment, reset its aims and ambitions and define a new agenda for action.

But this much-needed policy overhaul to tackle new and evolving challenges must go hand-in-hand with quick fire-fighting measures to deal with immediate regional and global flashpoints.

The world in 2014 is complex and complicated, multi-polar, disorderly and unpredictable. Russia’s actions in Ukraine have up-ended the post-World War security order in Europe. The so-called “Islamic State” is spreading its hateful ideology through murder and assassination in Syria and Iraq, not too far from Europe’s borders. A fragile Middle East truce is no guarantee of real peace between Israelis and Palestinians. Relations with China have to be reinforced and consolidated. These and other complex problems require multi-faceted responses.

The days of ‘one-size-fits-all’ foreign policy are well and truly over. In an inter-connected and interdependent world, foreign policy means working with friends but also with enemies, with like-minded nations and those which are non-like-minded, with competitors and allies.

It is imperative to pay special attention to China, India and other headline-grabbing big countries, but it could be self-defeating to ignore the significance and clout of Indonesia, Mexico and other middle or even small powers. Upgrading ties with the United States remains crucial. While relations with states and governments are important they must go hand-in-hand with contacts with business leaders, civil society actors and young people.

Finally, Europe needs to acquire a less simplistic and more sophisticated understanding of Islam and its Muslim neighbours, including Turkey, which has been left in uncertainty about EU membership for more than fifty years.

Europe’s response to the new world must include a smart mix of brain and brawn, soft and hard power, carrots and sticks. Isolation and sanctions cannot work on their own but neither can a foreign policy based only on feel-good incentives. The EU’s existing foreign policy tools need to be sharpened but European policymakers also need to sharpen and update their view of the world.

Mogherini’s youth – and hopefully fresh stance on some of these issues – could be assets in this exercise. Importantly, Mogherini must work in close cooperation and consultation with other EU institutions, including the European Parliament and especially the European Commission whose many departments, including enlargement issues, trade, humanitarian affairs, environment, energy and development are crucial components of ‘Global Europe’.

The failure of synergies among Commission departments is believed to be at least partly responsible for the weaknesses of the EU’s “Neighbourhood Policy”.

Also, a coherent EU foreign policy demands close coordination with EU capitals. This is especially true in relations with China. Recent experience shows that, as in the case of negotiations with Iran, the EU is most effective when the foreign policy chief works in tandem with EU member states. Closer contacts with NATO will also be vital if Europe is to forge a credible strategy vis-à-vis Russia and Ukraine.

Such cooperation is especially important if – as I suggest – Mogherini embarks on a revamp of EU foreign and security policy.

Mogherini will not be able to do it on her own. Much will depend on the EEAS team she works with and the knowledge, expertise and passion her aides bring to their work. Team work and leadership, not micro-management, will be required.

Putting pressing global issues on the backburner is no longer an option. The change of guard in Brussels is the right moment to review and reconsider Europe’s role in the world. Global Europe’s disconnect needs to be tackled before it is too late.

(Edited by Phil Harris)

* Shada Islam, Head of the Asia Programme at Friends of Europe, a leading independent think tank in Brussels, is an experienced journalist, columnist, policy analyst and communication specialist with a strong background in geopolitical, foreign, economic and trade policy issues involving Europe, Asia, Middle East, Africa and the United States.

The views expressed in this article are those of the author and do not necessarily represent the views of, and should not be attributed to, IPS – Inter Press Service.