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 miller@ewmi.org

MADLOBHA!