UNDP Digital Guides - People Centred Justice and Security

Introduction

A people centred approach to justice and security is one which focuses on addressing people’s everyday justice and security needs. It aims to improve the lives of all members of society through access to effective and efficient dispute-resolution mechanisms, the legal protection of human rights and the ability for all people to live in safety and security. Starting from an understanding of people’s needs, experiences and expectations, a people centred approach aims to strengthen systems to deliver justice and security services for all, and especially those most at risk of being left behind (LNOB). Technology can be a powerful tool for supporting the strengthening of these systems people centred.

The global demand for technology in the justice sector is expanding. Calls to increase the efficiency of justice and security systems,introduce service standardization, provide more accessible services, prepare for and better recover from crises, and modernise the legal sector have increased in recent years.

Historically, justice institutions have prioritized the state’s administrative priorities and efficiency goals while failing to adapt to people’s needs for simpler, easier access to justice. Justice and security systems around the globe have been slow to adopt digital technologies or deliver digital services, with jurisdictional differences and legislative constraints justifying the maintenance of paper-based or hybrid operations that fail to break out of institutional silos.

The COVID-19 pandemic demonstrated the vulnerability of legal institutions and security systems that rely on analogue operations such as paper files and in-person transactions. It fostered a new willingness to adapt and modernize, making it possible to address the historical obstacles to digitalizing justice and security administration including:

Basic infrastructure (lack of electricity, internet access and personal computers)
System connectivity (networking, access to files and staff)
Public accessibility (lack of online forms or information about cases)
Software and hardware (lack of licenses for home use, insufficient hardware, unreliable internet)
Resistance to change (police, court staff, lawyers and judges refusing to adapt)
Legal barriers (differences between digital and analog processes, legislative requirements)

The importance of well-functioning, trustworthy justice and security systems in periods of crisis and disruption is evident in the case of climate, health or disruptions caused by other kinds of crises.People struggling with job loss or evictions look to the justice system to protect their rights. Citizens need justice and security institutions to file complaints and access public services, including relief benefits. Police rely on digital tools to protect communities.

UNDP, as a critical development partner, advocates for and supports e-justice as a strategic tool for transforming justice and security systems to be more effective, accessible and responsive to people’s needs. When embraced as part of a strategy of protecting human rights, e-justice can enable development approaches, protect the rule of law and support the delivery of people centred justice and security. UNDP’s 2022–2025 Strategic Plan contains a priority on digital transformation which has been further developed in its DigitalStrategy. This maps ways for technologies and digital processes to be integrated responsibly into UNDP’s programming and operations.

The Global Programme for Strengthening theRule of Law, Human Rights, Justice and Security for Sustainable Peace and Development supports e-justice project development at the country level by building up the capacity of Rule of Law focal points and helping Country Offices navigate the particularly difficult early stages of e-justice projects, as well as supporting the entire design and implementation cycle of e-justice initiatives.The Global Programme also aims to share good practices and lessons across UNDP.

Key Messages

Lack of access to justice and lack of security for communities threatens social cohesion and leaves people struggling to assert or enforce the legal frameworks that protect their physical, economic and family security.
UNDP puts people at the centre of its work, and this includes their justice, security, and human rights needs. UNDP focuses on identifying and addressing the root causes of inequality and exclusion that drive injustice and insecurity, on understanding people’s justice and security needs, and on empowering and promoting human agency and participation; and is driven by a commitment to ensuring that no one is left behind.
Digitalization brings unique opportunities. If used strategically, it can act as an enabler of meaningful transformation of justice systems, it can support access to justice for all and it can improve the justice experience. However, the risks - including data protection issues,online human rights violations and the digital divide, among others - are equally critical to address and must be carefully considered and mitigated when developing e-justice solutions.
Digital transformation of legal systems can also make justice and security services effective and accessible for vulnerable communities that have historically been excluded. Transparent, efficient digital services can reduce the cost, time and confusion of legal processes and facilitate accurate data between institutions, making justice systems safer for women and minority communities.
There is now a greater appetite for modernization as both individuals and institutions prepare for unexpected disruptions.Governments, courts, human rights defenders, civil society and individual judges and lawyers are asking for new or better e-justice systems.
Most government digital transformation projects fail to meet access to justice expectations. This is usually because of the lack of attention to change-management, insufficient digital capacity and a failure to focus on user needs.
Translating digital transformation approaches into judicial institutions requires building digital capacity within the institutions themselves to understand and, at least in part, own and operate their digital systems.
An unhurried and iterative roll-out of digital systems maintains the focus on what is valuable for both people and staff in judicial institutions.
UNDP is being called upon by national partners to respond to the increased demand for e-justice. UNDP is working with consultants, IT vendors and system integrators to advance an inclusive digital transformation of judicial institutions, cultivating expertise in country offices around the world through south-south knowledge sharing and by offering centralized support. It has diverse expertise and can provide the good practices to support nationally owned, sustainable, people centred digital justice and security services.
New technology and digital tools are not the goals in themselves – they are conduits to enable a system transformation that improves the quality of justice and security service delivery.

Opportunities and risks

The society-level opportunities and risks associated with digital tools in the context of advancing a People Centred approach to Justice and Security can be used as a basis for forming programme-level theories of change, and can provide inspiration to programme teams on how digital technologies can support people centred justice and security programme activities. 

Increased transparency and better governance: Digitalization of justice and security systems can help to reinforce good governance by introducing transparent processes, fair results, public data, accountable budgeting practices and access to information, leading to greater public trust and better democratic oversight. For instance, digital court case management systems necessitate strict rules for access to court documents. This both necessitates and enables carefully tracking which staff access case documentation, monitoring rule compliance and strengthening privacy for members of the public.
Increased access to justice and security for vulnerable groups: Digital technologies can support more inclusive, participatory and open institutions that respond to the needs of people and communities, particularly the most vulnerable and those at risk of being left behind. For example, digitalization contributes to access to justice by creating easy, inclusive and accessible complaint mechanisms and processes. Analysing data and statistics contributes to better understanding and responding to the gaps in justice and security. E-filing, digital case management, virtual courts, GBV reporting apps and prisons’ statistics are good examples of digital adaptation that can support increasing access to justice and security for vulnerable groups.
Increased capacity of the system: Security and justice sector actors are increasingly using digital technologies to significantly reduce barriers to justice and increase their capacity to respond to justice needs. Digital forms that allow people to file key documents from home, and ePortals that provide real time access to case data, make it easier for people to understand and interact at key stages of the judicial system.Data collection and consent-based sharing mechanisms allow for more sophisticated improvements to justice services. The careful use of surveillance technologies and artificial intelligence (AI) can help to combat criminality,especially complex financial crimes, terrorism and transnational organized crime.Digital case management in courts allows staff decisions to better serve rural communities, can be used to train court staff, lawyers and judges in emerging legal issues and can help to meet case processing timelines.

Digitalization,while a powerful tool, has the potential to create certain societal risks for justice and security. These risks are in many cases exacerbated in the case of justice and security centred around individuals. Threats that are increasingly recognized in our interconnected society included embedded bias, the increased digital divide, the potential misuse of data, and the rise in cyber-abuse and cybercrime.

Embedded bias: Converting analogue systems to digital systems runs the risk of embedding systemic bias against women, LGBTQI+ and Indigenous communities and religions and racial minorities. Artificial Intelligence that is trained on data from court decisions or past interactions with security institutions can incorporate systemic human bias into seemingly neutral algorithms that are used for purposes like assessing security risks, generating predictive sentences or generating guidance for bail decisions.
Increased digital divide: 2.7billion people have no reliable access to the internet. The use of e-solutions can complicate access to justice and security for the most vulnerable and those who have less access to digital technologies and infrastructures or lack the necessary literacy. Any transformation in this field should be guided by the principle of Leave No One Behind (LNOB) and people centred approaches to developing inclusive services and tools should be employed to mitigate this risk.
Privacy and data protection risks: Security and justice actors increasingly use information and communication technologies in ways which can give them access to confidential information including personal details, protected evidence and contact or identifying information relating to witnesses. Companies providing services within justice and security institutions need to be held accountable with respect to compliance with legislative standards. If the governance and oversight mechanisms for digital technologies are not well established the risk of privacy breaches and surveillance abuses increases. Any e-justice project must include protocols for data management and secure storage and ensure full protection of data and privacy rights.
Increased cyber-abuse and cybercrime: Digitalization is transforming people’s lives and societal behaviours. Justice and security systems must be well prepared to act proactively to protect rights and regulate the use of cyber space to prevent it enabling various types of common online financial, sexual and gender-based crimes, not to mention terrorism.

Whenever technology is introduced, it is critical to examine all the rights affected by the technology, giving full attention to the potential harms. This will often require UNDP staff and rights advocates to investigate potential implications beyond the promised benefits.Some of the risks of e-justice projects are easily mitigated against by good design, procurement and regulation, while other risks require ongoing vigilant scrutiny. Technological change might require regulatory and legal changes and,most significantly, cultural change.

Programming suggestions

Digitalization can play a vital role in facilitating people centred justice and security processes.However, digitalization must be viewed as a tool for meeting the challenges people face, not as an end in itself. The true catalysts of transformation come from understanding and interpreting user needs, encouraging ethical behaviour and nurturing a culture of critical thinking. While digital tools aid in these processes,we must scrutinise digital solutions within socio-cultural, political and economic contexts and make careful, informed decisions. Digitalization in the justice and security sectors extends beyond the short-term impact of technology on the efficiency of the system. It is an opportunity to strategically strengthen the rule of law, protect and uphold all people’s human rights, guarantee fair access to justice, navigate the digital divide and combat digital harms.

We provide programming suggestions for four digital framework sub-pillars that can be used to advance people centred justice and security.

Implementation capacity and systems

Implementation Capabilities is a sub-pillar that incorporates the talent, technology adoption and ways of working to digitalize justice services. The following are suggestions to support the use of digital technologies to advance people centred justice and security:

Assessment:

Identify the relevant actors across the sectors related to justice and security services including: public users, institutions, the private sector, community leaders, civil society organizations, lawyers, police, media, academia and correctional staff.
Assess people's justice needs and the barriers to their full participation in justice and security processes.
Conduct a thorough assessment of the threats to people's rights and security that may result from the increasing use of technology. Threats include the facilitation of financial crimes, transnational organized crimes, hate speech, privacy breaches, violent extremism and technology-facilitated gender-based violence(GBV) which includes digital sex crimes and “sextortion”.
Assess the capacity of the justice and security systems to incorporate digital solutions into their working systems, including online forms, virtual solutions and mobile apps. Understand the use and coordination of these tools with other sector actors (other institutions, private sector, civil society organizations etc.). Evaluate how each of these institutions manage the risks related to the use of technology, including embedded bias, privacy breaches and exclusion from justice process.
Assess the capacity of justice and security actors to respond to the identified needs, focusing on existing capacities and gaps.

Response:

Review and reform legislative frameworks related to rules regarding permitting investigations, to digital evidence collection and storage, to virtual hearings and to data and privacy protections.
Build the capacity of justice and security institutions through training, cross-sectoral engagement, equipment procurement,sustainable approaches to budgeting and planned and funded system maintenance and upgrades.
Use early planning and user input and design to cultivate skills and understanding of digital tools across the e-justice ecosphere , before making decisions about the technologies and digital tools.
Raise awareness about the role of digitalization amongst all the identified stakeholders working on justice and security to facilitate changes in institutional culture and assimilation of technology in the administration of justice and security services.
Share UNDP experience in case and court management, digitalization of justice and policing services, use of A.I., apps and data projects via the global e-justice map.
Facilitate experience sharing between different institutions or departments within a country and between countries,with a particular focus on South/South cooperation.

Leadership and strategy

As technology continues to evolve, it is essential to adapt and update training programs to address new challenges and opportunities in the digital landscape. The following are suggestions to support people centred justice and security:

Assessment of current skills: Begin by assessing the current digital literacy levels of security and justice actors. Identify their strengths and weaknesses to tailor training programs accordingly.
Customized training programs: Develop customized training programs that are specific to the needs of security and justice professionals. For example, police officers may require different training from legal professionals. Train individuals and communities on the use of technology, and their rights. Consider partnering with educational institutions or specialized training organizations to create and deliver these programs.
Cybersecurity awareness:Train actors on the fundamentals of cybersecurity, including safe online practices, recognizing phishing attempts and protecting sensitive data. Highlight the importance of strong, unique passwords and the use of two-factor authentication.
Digital evidence handling: Teach proper procedures for collecting, preserving and presenting digital evidence in court.Familiarize them with digital forensic tools and techniques.
Legal and ethical aspects: Educate security and justice professionals on the legal and ethical implications of digital investigations and surveillance. Ensure they understand privacy laws and regulations relevant to their roles.
Data privacy and protection: Provide training on data protection laws and regulations, emphasizing the importance of safeguarding personal and sensitive data.
Open-source intelligence:Train professionals to effectively gather and analyse information from publicly available online sources to aid investigations and decision-making.
Social media and online investigations: Equip participants with the skills to conduct online investigations and monitor social media for potential threats or criminal activities. Emphasize ethical considerations and respect for privacy when using these tools.
Simulated scenarios: Conduct realistic, hands-on exercises and simulations to allow security and justice actors to practice their digital skills in a controlled environment.
Continual learning and updates: Digital technology evolves rapidly. Encourage ongoing learning and provide resources for professionals to stay up to date with the latest tools and trends.
Peer learning and collaboration: Encourage collaboration and knowledge sharing among security and justice actors. This can foster a culture of continuous improvement.
Certifications and recognition: Consider offering certifications or recognition for professionals who complete advanced digital literacy training, motivating them to invest in their skills.
Policy integration:Integrate digital literacy and cybersecurity practices into organizational policies and procedures to ensure consistent application.
Resource allocation: Allocate sufficient resources, including time and budget, for digital literacy training initiatives. Ensure free and easy access to internet, technology, and tools.

Data and privacy

Digital tools bring opportunities and risks. No technology, digital process or service is uniformly positive or negative. Identifying and understanding a tool’s potential and risks is critical to making informed, careful decisions about e-justice projects and ensuring that they are people centred, inclusive and don’t infringe on human rights.

Adopt a leave no one behind/people centred approach to evaluating and addressing risks in data standards and legal frameworks, considering factors like human rights implications, accessibility/inclusivity and digital divide disparities.
Review legal frameworks to assess legality of intended projects and identify needs for legal or regulatory reforms or adjustments.
Assess the compatibility of legislative and regulatory rules for evidence, legal proceedings and data sharing. Initiate law reform processes during the early stages of a project.
Develop protocols on data ownership, management, storage and protection.
Build data and privacy protection into procurement processes and ensure that private sectorpartners factor in and respect these requirements.

Digital literacy skills

One of the core pillars of people centred justice and security is digital literacy skills. This covers the ability of all parts of society (all regions, age groups and genders) to use digital technology, particularly traditionally marginalised groups (such as refugees and migrants, women and youth, persons with disabilities and special needs and the elderly). Enhancing digital literacy skills for security and justice users is an ongoing process.

Assess access to internet infrastructure and devices as one of the first stages of the e-justice design process, focusing on the needs of the most remote or excluded communities.
Integrate poverty reduction and digital literacy programming into e-justice initiatives, taking leadership in overcoming these barriers.
Train justice and security personnel to understand and respond to barriers to digital access, offering parallel in-person services for those unable to access digital tools.
Raise issues of digital infrastructure as critical areas of government action.

Stakeholders

It is important to identify and approach the key stakeholders for people centred justice and security. Mapping of these stakeholders should take place within the country context but should also consider international stakeholders. These stakeholders are critical to high-functioning, sustainable progress under each digital framework sub-pillar.

Depending on the project, key stakeholders might include:

National justice and security stakeholders

Ministry of Justice and Ministry of Interior, and Ministries serving women and children, social services, correctional services, finance authorities, etc.
Judiciary (courts, judges, clerks, administrative, financial and IT personnel).
Prosecutors.
Lawyers and members of the legal professions, including Bar Associations, Public Defenders’ offices, legal aid providers and clinics, mediators and alternative dispute resolution (ADR systems.
Police, forensics, police intelligence, crowd control and public safety services including road traffic police and IT services.
Academies, (judicial, law schools, police)
Correctional staff.
Social Services (child protection, social workers, mental health workers, educators and health care providers).
National civil registry.
Rights monitoring bodies like Ombudspersons, National Human Rights Institutions, parliaments.
Private technology companies.
Civil society organizations and national or international non-profits, community-based actors, including providers of traditional and/or customary justice and security systems.
Human rights defenders.

International partners

Other UN Agencies, international NGOS and human rights organizations working in the digital space.

Programming examples

My Court in Bangladesh

In Amar the Adalat (MyCourt) mobile app is available to all and provides the list of cases pending in the courts on a particular working day. Aspirants will be able to know the latest order, next date, and status of their case and are able to access digital services. In addition, A Judicial Monitoring Dashboard will provide all types of data related to cases, including the present status of the courts, the nature of the proceedings, and various statistics. More details here.