TIJ booklet 2018

Development-led Crime Preventionand Criminal Justice within theTIJ Programme of Work

“ “An effective, fair and humane justice system has an important role to play in ensuring that the conditions are in place to allow for sustainable development. When the rule of law is lacking,the social and economic development goals that we collectively seek are undermined. At the same time, equitable and predictable forms of justice are fundamental to building societies with a rule of law foundation that facilitates growth and development. HRH Princess Bajrakitiyabha Mahidol UNODC Goodwill Ambassador on the Rule of Law for Southeast Asia

3Table PREFACEOfContentsDevelopment-led Approach for Sustainable Crime 4 The Sustainable Development Goals, with the inter-related 17Prevention goals including the new one dedicated to peace, justice and the rule of law, provide us with a frame of reference to look atKittipong Kittayarak, J.S.D. criminal justice system and crime prevention in a broad context.Development-led Crime Prevention and Criminal 7 The Thailand Institute of Justice (TIJ) believes that one possibleJustice in the Context of Thailand and beyond way to reflect upon the roles of crime prevention and criminal justice is through a development-led perspective. For instance,Matti Joutsen, J.S.D. when we look at those who commit the crime, we can broadenPhiset Sa-ardyen, Ph.D. the scope of our attention to not only focus on fact finding and subsequent sanction, but also take into account the variousImplementation of the Bangkok Rules and 9 factors including structural ones that shape the decision-Their Link to the Development-led Approach making that led to the incident of a person committing an offense or struggling to desist from reoffending. We believe theChontit Chuenurah development-led approach to crime prevention and criminal justice is relevant to a wide range of circumstances whereTackling Violence against Women and 12 effective responses require an understanding of the root causesChildren through a Development Lens of crime and structural disadvantages that led people to be in contact with the criminal justice.Kittipoom Neamhom At the TIJ, we are committed to promoting a better understandingThe Need for Crime and Justice Data in 14 of the rule of law and the role of law in the era where thingsthe Era of Sustainable Development Goals have become increasingly inter-dependent and inter-related. This collection of thoughts and ideas on the development-Sudarak Suvannanonda led approach came about with one clear objective: to provide our readers with an overview of how the framework has beenFostering the Nexus of the Rule of Law 17 integrated into our programmes of works.and Development I hope this booklet will provide a brief introduction for thoseAnuwan Vongpichet, Ph.D. interested to learn about the activities of TIJ through the lens of development, ranging from crime and justice data collection, thePeople-centred Approach to address the Complex 20 women and children empowerment, the treatment of offendersRelationship between Crime and Development to the promotion of rule of law.Jane HollowayContributors 22 Kittipong Kittayarak J.S.D. Executive Director, TIJ

4DEVELOPMENT-LED APPROACH FORSUSTAINABLE CRIME PREVENTION1Kittipong Kittayarak, J.S.D.Executive Director, TIJThere are many reasons a person commits a as the structural determinants of crime. Thesecrime. factors can be institutional, environmental, political, economic or social.And there are many agencies and structuresthat our society entrusts with important Until these underlying factors are dealt withfunctions to deal with situations in which a adequately, there will always be people whocrime is committed. are likely to be in conflict with the law, or worse, who will do so repeatedly even afterOur criminal justice agencies are equipped going through the criminal justice system.reasonably well in order to enable themto deal with crime in accordance with the Structural determinants due to poverty, lack ofnorms of the society: giving suspects the opportunities and means of earning a sufficientpossibility to defend themselves; allowing for income can lead a person down the wrongthe independent judiciary to decide the cases; path, a path that ultimately leads to prison or toand ensuring other due process safeguards becoming a victim of crime themselves. Thereaccording to the rule of law. are many push and pull factors in our society, and the way in which both private and publicBut the situation becomes more challenging institutions address these vary greatly. Whilewhen the reasons for committing the crime run governments may have national developmentdeeper, such as when a person’s development plans and robust structures in place to meetor living circumstances weaken his or her the needs of the public, unfortunately theyability to distinguish between what is right and are not always able to reach all elements ofwhat is wrong, and to make a rational choice society, and inequalities persist.regarding whether or not to commit a crime. Inthose cases, what the criminal justice system It is precisely in this context that I believe a newis up against is not simply the manifestation framework is needed. The development-ledof crime, but rather what sociologists refer to approach to crime prevention and treatment of1 Adapted from the article entitled “A New Approach for Preventing Crime’, published in the Bangkok Post on 6 February 2018.

5offenders has been conceived as a means for In the most practical sense, the key elements ofthe criminal justice system and other relevant development-led interventions should, at thestakeholders to deal with the situations minimum, include:mentioned above. (1) Identification of the root causes (often atThe term ‘development-led approaches’ refers the structural level) and the way in which theseto any interventions, either by criminal justice underlying factors affect or impact those at riskpractitioners themselves, or with support from of committing crime or of becoming victims ofpractitioners from other sectors, that seek to crime;enhance the capacity of the criminal justicesystem to prevent or respond to specific types (2) Identification and implementationof crime and violence. The development-led of development policy interventions orapproach can be regarded as a framework programmes that target specific vulnerablethat broadens the scope of criminal justice groups;interventions beyond their traditionalboundaries. By incorporating supplementary The development-led approach is, by definition,or complementary elements of individual or multi-disciplinary and involves a partnershipcommunity development, the development-led between the criminal justice sector and otherapproach can be more effective in addressing relevant sectors.criminality or violence by targeting its rootcauses.

6As a concept, the development-led approach “is based on the assumption that there is alinkage between the criminal justice system The development-ledand sustainable development. Such a linkage framework will behas been identified before, but it has recentlyregained prominence against the backdrop useful only if we canof the new global agenda on sustainable identify the relevantdevelopment, with the inclusion of justice, elements and takepeace and institutions now recognized aspart of the Sustainable Development Goals or adequate actions.SDGs. There will always be challenges in such anSince the UN General Assembly adopted the2030 Agenda for Sustainable Development exercise. There isin 2015, the global discourse on development no one-size-fits-all orhas for the first time recognized peace, justice,strong institutions and more importantly quick-win solution.the rule of law as imperative in achieving “sustainable development. The rule of law isa golden thread that weaves through all thegoals. Without it, development cannot beattained. It is here that I see that the criminaljustice system and development are mutuallyreinforcing and complimentary.Sustainable development, the criminal justicesystem and the rule of law can be mutuallyreinforcing and complimentary because ahealthy and well-functioning criminal justicesystem that adheres to the rule of law canstrengthen sustainable development efforts. It isthrough this realization that the development-led approach becomes meaningful as a newparadigm.The development-led framework will be usefulonly if we can identify the relevant elementsand take adequate actions. There will alwaysbe challenges in such an exercise. There isno one-size-fits-all or quick-win solution, butmuch can be achieved if we begin by rethinkingthe challenges and by investing now in effortsto tackle difficult issues for our sustainablefuture.

7DEVELOPMENT-LED CRIME PREVENTION ANDCRIMINAL JUSTICE IN THE CONTEXT OF THAILANDAND BEYONDMatti Joutsen, J.S.D.Special Advisor, TIJPhiset Sa-ardyen, Ph.D.Director of the Office of External Relations and Policy Coordination, TIJPromoting crime prevention and criminal justice In 1988, HRH Princess Srinagarindra, thereform as a means to achieve sustainable Princess Mother of King Bhumibol, establisheddevelopment for the people has a long history the Doi Tung Development Project, also inin Thailand. Northern Thailand, in the heart of the Golden Triangle. The Project applies the developmentAlready in 1969, His Majesty, the late King approach pioneered by His Majesty and hasBhumibol Adulyadej initiated the Royal Project been recognized by the UNODC as one ofin Northern Thailand, in the heart of the the most successful examples of alternativeso-called Golden Triangle. The project was development in drug policy.designed to replace poppy cultivationwith temperate plants as cash crops. This HRH Princess Bajrakitiyabha Mahidol haswas one of the first so-called alternative been a champion in defending the rights of thedevelopment projects in the world, and vulnerable, in particular women and children.was in line with the Sufficiency Economy The Kamlangjai (Inspire) Project, launchedPhilosophy developed by His Majesty the late by HRH, has promoted the rehabilitationKing. and reintegration of women prisoners. This

8Project, in turn, paved the way for Thailand’s by Javier Sagredo for the recent UNODC –leadership in developing the Bangkok Rules TIJ regional study tour and seminar held inon the treatment of women and girls in Thailand,1 practitioners and researchers alikecorrections and in community settings. Under are well aware of the importance of dealingher leadership, the TIJ was established in 2011 with the structural causes of crime (andto continue the leadership role of Thailand victimization): poverty, lack of education,in promoting the improvement of prison lack of access to housing and medical care,conditions. Currently ten prisons have been absence of a legal identity, and so on. Despiteidentified by the Institute as model prisons in this wide recognition of the need to addressthe implementation of the Bangkok Rules. the structural roots of crime, many criminal justice systems are being subjected to populistThe above examples are by no means an pressures to ‘get tough on crime’, leading toexhaustive list. In the area of alternative over-criminalization, over-policing, and over-development and the eradication of poppies, prosecution and over-use of incarceration.the experience in Ban Huay Pla Lod, MaesodDistrict, Tak Province, beginning during the The adoption of the SDGs by consensusmid-1970s, is illustrative of the success of a provides a robust platform for seeking to‘bottom-up’ approach, in which a local ethnic redress the balance, shifting the discussionminority community was allowed to remain towards the importance of helping vulnerablein an area designated as a national park. The individuals and vulnerable communities in bothmembers of the community developed their rural and urban areas to empower themselves.own rules and regulations and undertook to The implementation of the SDGs stresses therestore the forest in line with the ‘3 Forests need for balance in work on the different goals,and 4 Benefits’ concept. This has resulted not and in particular in avoiding measures that areonly in successful reforestation, but also in in pursuit of individual goals which are apt toconsiderable improvement in the sustainability hamper achievement of other goals.of community life. The TIJ will continue to collect andUnderlying these experiences of Thailand was disseminate information on different aspectsthe change in paradigm in law enforcement of the experiences of Thailand as well as theand other development practitioners within the experiences in other countries in alternativedrug control context. The TIJ believes that a shift development and in development-led crimein perspective, with an emphasis on focusing prevention and criminal justice. With a focusa development lens at criminal justice reform on the development of the theoretical rationale,efforts, is needed also within the broader crime and the documentation of specific examples,control context. There are numerous examples it is hoped that reflection on development-showing the links between the rule of law led crime prevention and criminal justice mayand justice on the one hand, and the other enable criminal justice policy makers andSustainable Development Goals, on the other. practitioners in Thailand and beyond to rethink and enhance their contribution to the broaderThe need for a paradigm shift is evident. As goals of sustainable development.clearly laid out in a discussion paper prepared1 Javier Sagredo, “Towards the Definition of Sustainable Development-led Approaches in Crime Prevention and Treatment ofOffenders: Key Conceptual References. Presented at the Regional Colloquium “Empowering Vulnerable Communities and Womenfor Sustainable Development”, Chiang Rai, Thailand, 27 January 2018.

9IMPLEMENTATION OF THE BANGKOK RULES ANDTHEIR LINK TO THE DEVELOPMENT-LED APPROACHChontit ChuenurahChief of the Implementation of the Bangkok Rulesand Treatment of Offender Programme, TIJThe prime objective of criminalization and While the global prison population is on thecriminal sentences is to reduce crime and make increase, the growth in female incarcerationsociety a safer place. However, the criminal worldwide poses particular challenges forpolicy in many countries concentrates too penal systems. Since most correctional facilitiesheavily on criminal sentences, resulting in the and prison regimes were not designed forproblems associated with over-criminalization women, the gender-specific needs of womenand excessive use of imprisonment. As a and the well-being of children residing withconsequence, prisons throughout the world them are often overlooked. In 2010, the specificface massive overcrowding and insufficient needs of women prisoners have been formallyfunding, and are not able to focus on their goal recognized by the international communityof rehabilitation. through the adoption of the United NationsCaochello 2018, Alamaba Super Saint Square.

10Rules on the Treatment of Women Prisoners with the vision of enhancing evidence-basedand Non-custodial Measures for Women research on the reasons behind criminalOffenders (the Bangkok Rules). offences and supporting effective rehabilitation and successful reintegration of prisoners. TheThe Implementation of the Bangkok Rules and IBR Programme works with the recognitionTreatment of Offenders Programme (the IBR that women’s experiences in the criminalProgramme) was established by TIJ with the justice system cannot be viewed in isolation.aim of enhancing the effectiveness of criminal To be able to ensure effective prison reformpolicy and criminal justice responses through and sustainable change, the rehabilitationpromotion of the implementation of UN and reintegration of prisoners need to bestandards and norms related to the treatment viewed as a part of the national developmentof offenders in Thailand, the ASEAN region agenda, taking into consideration the socialand beyond. and economic structures that may worsen or, conversely, improve their long-term well-beingBuilding on a major paradigm shift in women’s as individual members of society.corrections, the IBR Programme was formed

11All over the world, most prisoners have been direct and indirect impact of imprisonment onsubjected to a long process of marginalization. women prisoners and their family.For women prisoners, this disadvantage rangesfrom lack of control within the household Imprisonment is just one path in deliveringto discrimination in the workplace. Gender justice, yet it is often used as the primaryinequality often starts with the de-prioritization response to crime. With the aim of supportingof education for girls, leading to economic, the effective and sustainable reform of criminalsocial and cultural marginalization. The justice system, the IBR Programme alsorepeated oppression of women in all aspects of promotes the increased use of non-custodialdaily life results in female vulnerability, poverty, measures for non-violent and minor offences,job insecurity and domestic abuse. More often taking into consideration the background ofthan not, these are the circumstances under offenders.which women commit crimes. Furthermore, the IBR Programme developedWith the belief that crime prevention and the comprehensive “Model Prison Plus (+)”reduction of recidivism should be addressed project, which seeks to support the work ofat their root causes, the work of the IBR prison authorities in building the knowledge andProgramme draws on the importance of the skills of the women inmates through intensiveSDGs, particularly Goal 16, which focuses on courses. The course includes financial planning,promoting peaceful and inclusive societies debt literacy and psychological support to helpthrough access to justice for all, and Goal 5, them to return successfully to society and theon gender equality. In this light, criminal justice job market. Multidisciplinary stakeholders, suchshould be viewed in its broader aspects, and as the SME Promotion and Development Traderequires involvement of the community and Association of Thailand, as well as privatethe private sector to create a safe society. This companies have played an important role inholistic approach, known as the development- this initiative. The project focuses on increasingled approach, forms the basis of the framework the prisoners’ employability potential, and inin which the IBR Programme operates. this way providing a bridge from prison to the outside world.In keeping with this objective, the IBRProgramme has initiated a wide range Ultimately, the IBR Programme works towardsof evidence-based research focusing on promoting linkages between criminal justiceunderstanding prisoners’ pathways to policy and social development policy andimprisonment and factors leading them to enhancing the way in which the criminal justicecommit crime. The research emphasizes system interacts with people who come intochildhood experiences, education, family contact with it. This is in line with the goal ofrelations, history of abuse and experiences the TIJ of promoting fair, effective, and inclusivewith the criminal justice system. The IBR criminal justice for all.Programme’s research also aims to explore the

12TACKLING VIOLENCE AGAINST WOMEN ANDCHILDREN THROUGH A DEVELOPMENT LENSKittipoom NeamhomChief of the Policy Coordination ProgrammeActing Chief of the Women and Children Empowerment Programme, TIJToday, women and children are recognized not Additionally, in reference to violence in theonly as rights holders, but also as citizens able context of trafficking in persons, the UNODCto contribute to the prosperous development of Global Report on Trafficking in Persons insociety, should they be given opportunities for 2016 showed that 79% of trafficking victimsdevelopment. Furthermore, gender equality, detected globally are women and children,ending violence against women and children, and that the average conviction number is low,and empowerment of women and children despite improvements in law.are universally agreed to be crucial elementsin achieving sustainable development, as Violence should be dealt with through thereflected in the SDGs, which were adopted improvement of access to justice, alongsidein 2015. The SDGs framework addresses improvement of access to development. Tocommitments to invest in development aspects boost the capacity of the criminal justice systemof everyone, including children and women. to tackle the vulnerability and sensitivity ofFor example, Goals 1, 2, 3, 10, and 17 provide children and women, the TIJ seeks to promotethat every child and woman should survive implementation of relevant internationaland thrive. Goals 1, 4, 10 and 17 emphasize standards and norms, particularly the UNgender equality and education for all. Goals Model Strategies and Practical Measures on1, 3, 5, 8, 10, 16 and 17 commit stakeholders the Elimination of Violence against Childrento protecting all woman and children from and against Women in the Field of Crimeviolence and exploitation. Prevention and Criminal Justice. These UN instruments provide a framework for criminalDespite considerable improvement, challenges justice systems to set and achieve standards instill remain and they require ongoing protecting children and women from violence,efforts. According to the “Knowing Violence through comprehensive prevention with thein Childhood Global Report” launched at proper focus on the needs of victims andthe high-level meeting at United Nations witnesses of violence, and proper safeguardsHeadquarters in November 2017, around 1.7 for children in contact with the justice system.billion children experience violence globally.This is coupled with the UN statistics for 2015 Beyond the criminal justice system, theshowing that less than 40% of the women who ‘development-led approach’ helps to addressexperienced violence sought some sort of help. social inequality, poverty, and the lack of access

13to education and economic opportunities which of women. The SDGs, in particular Goal 5,are the driving forces pushing individuals to emphasize the empowerment approach whichbreak the law and, at the same time, make involves a process of systematic changecertain members of society more vulnerable through which women are enabled to exerciseto victimization. In the 2017 report produced and advance their rights and interests usingjointly by TIJ and UNODC, which looked at the law, together with access to educationalthe phenomenon of trafficking in persons in and economic opportunities. To depict this inSoutheast Asia within the broad context of a concrete way, one can think about providingmigration, it was found that many women and opportunities for women to become players inchildren who are victims of sexual abuses and the criminal justice system, or “justice makers.”labour exploitation come from poor rural areas, For women to fully enjoy gender equality, itwhere their families do not own land or have is recognized that fair and equal treatment issuffered from poor harvests or crop losses. linked to broader questions of social justice.This portrays the root causes of problem This includes the need to have more womenwhich form a complex mix of push factors as practitioners and administrators in justiceand vulnerabilities which make women and systems. Women justice makers are agentschildren prone to abuse and exploitation. of change and most of them contribute to improving the relationship between womenTo tackle these root causes of violence and and the justice system.victimization, we seek to promote access todevelopment by women and children and Against such a complex reality, we can realizeto envisage their role as key contributors to that the law and the criminal justice systemthe justice system and to the development of alone may not provide a durable solutionsociety. For women, challenges in accessing for preventing and responding to violencejustice are rooted in inequality and the resulting and crime. Access to social and economicdiscrimination between men and women and development and legal empowerment shouldgenderstereotyping.Todealwithinequality, one therefore be part of a strategy to protect andgood approach is to work on the empowerment to promote the rights of women and children.

14THE NEED FOR CRIME AND JUSTICE DATAIN THE ERA OF SUSTAINABLE DEVELOPMENT GOALSSudarak SuvannanondaChief of the Statistics Programme, TIJData is an invaluable asset. High quality data The different levels of statistical capacityand statistics can reflect the current status of among member states has led the Unitedthe problem, support well-informed decision- Nations to formulate roadmaps, guidelines, andmakings and provide baseline to evaluate the tools to assist in strengthening the collectioneffectiveness of such decisions by weighing of crime and justice data. The TIJ, recognizingtime and resources spent against the desired this gap, has joined efforts with prominentimprovement. But in reality, accurate data is regional players to bridge the gap betweennot easily obtained, and in many cases, the international standards and local practices.real usage of statistics in driving policy decision TIJ’s Statistics Programme, in collaborationcan be quite challenging. with UNODC, UNESCAP, the Korean Institute of Criminology, and Statistics Korea, hostedThe need for data availability and comparability two regional meetings and two regionalin the field of crime and justice emerges as an training courses during the past three years,international agenda because, in today’s world, bringing together statisticians and justicecrime is a global phenomenon that leaps over officers from Asia-Pacific countries to sharegeographical boundaries. A country cannot knowledge and experiences in improving crimeeffectively handle the threat of serious crimes and criminal justice statistics using innovativewithout cooperating with its neighbours. And methodologies and tools as recommended bywith the adoption of the Agenda 2030 for the United Nations.Sustainable Development, where justice andthe rule of law have been recognized as the One important task on which TIJ’s Statisticsenablers of all aspects of development, the Programme has been working is promotionneed for accurate and reliable data to monitor of the implementation of the Internationalprogress made in this field has increased at an Classification of Crime for Statistical Purposesunprecedented rate. (ICCS). Initiated by UNODC and the UN

15Statistics Division, the ICCS is designed In light of the development-led approach toto be the codebook for the standardized crime prevention which is TIJ’s main areaclassification of criminal offences. With this of interest, the Statistics Programme hascommon classification system, member states promoted projects including the Public Safetywill be able to report data in accordance Surveys and the Mini-Victimization Survey towith the requirement of SDGs indicators, and study the level and factors that contribute to theat the same time, more accurately compare fear of crime among ordinary people, in relationdata across countries and jurisdictions for the to actual experiences of crimes. The perceptionbenefit of cooperation. about crime, though usually overlooked for being ‘nonfactual’, can greatly affect people’sAt the national level, TIJ’s Statistics Programme economic activities and livelihood, and in thisalso promoted the adoption of the ICCS among way can be either supportive or disruptive toresearchers and other non-governmental the development process. By understandingagencies whose work involves the collection what changes contributed to the fear of crime,of crime data, with the conviction that this will TIJ seeks to combine multi-disciplinary effortsimprove the quality of data from every source to propose the appropriate intervention toand will eventually lead to a comprehensive create a safer environment that perpetuatepool of reliable data on all aspects of crime. development.Another important feature of the ICCS is therecommendation on the disaggregation of TIJ’s Statistics Programme also works tocrime characteristics, including the details of support the production of empirical datavictims and perpetrators, which can serve as in other areas of interest, including thea guideline for agencies to consider enhancing treatment of offenders and juvenile offenders,its crime data collection to provide insights cooperating with not only TIJ’s internal unitsfor a more people- and victim-centred crime but also with other organizations such asprevention policy. the Department of Juvenile Observation and

16Protection, Ministry of Justice of Thailand. One the situation, follow trends, pinpoint significantexample is the study of the history of violent changes, plan a well-calculated holisticexperiences among children in custody, which intervention, and scientifically prove whetheraims to understand the relationship between such intervention works, statistics are needed.prior experiences and criminal behaviour. This Without serious investment in quality statistics,will shed light on the root causes of crime our limited resources will be invested in ideasthat do not stem entirely from inequality or that may seem promising, but no one can sayeconomic needs, and hopefully lead to relevant for sure whether or not they will be fruitful.policy recommendations. Without good statistics, policy makers and all other stakeholders may risk jeopardizingCrime is the result of deep-rooted problems in the well-being of our society and the prospecteach society. It is vital to identify the underlying of sustainable peace and prosperity whileelements to be able to deal with crime problems navigating blindly in the increasingly complexin the structural level. But in order to explain phenomenon of crime.   “ Crime is the result of deep-rooted problems in each society. It is vital to identify the underlying elements to be able to deal with crime problems in the structural level. “

17FOSTERING THE NEXUS OF THE RULE OF LAWAND DEVELOPMENTAnuwan Vongpichet, Ph.D.Director of the Office of Strategy and Planning, TIJThe Office of Strategy and Planning recognizes in Thailand, Asia and globally through thethe importance of investing in people who application of theoretical knowledge of the ruleshare a mutual appreciation of the rule of law in of law and policy-making in local practices inall its complexities as an essential determinant order to create a network of change makers infor success in achieving sustained, equitable Thailand who have a strong understanding forand inclusive growth in order to advance TIJ’s the rule of law and development, especially itsmissions to disseminate knowledge related to role in relation to crime prevention. This networkthe rule of law, crime prevention and criminal of agents of change serves as a powerful tooljustice in accordance to the United Nations that will help propel the movement towardsstandards and norms as a means to strengthen the full realization of the SDGs in Thailand inthe criminal justice system and achieve fulfilment of TIJ’s mission.sustainable development. The Rule of Law andDevelopment (RoLD) Programme was created The RoLD Program is comprised ofas a collaborative platform that serves as a various activities that provide unparalleledbridge of ‘knowledge’, which links individuals opportunities for networks of distinguishedtogether to form a network of change makers leaders and executives from the public andin Thailand. private sectors, as well as national and international civil society organizations (CSOs)The RoLD Program signifies the first to engage with and learn about various rule ofcollaborative effort between the TIJ and the law and development topics as well as caseInstitute for Global Law and Policy (IGLP) at studies of existing problems and developmentHarvard Law School in organizing a series models in Thailand.of workshops to enhance human capacities

18• The TIJ Executive Programme on the Rule of Law and Development: RoLD This rigorous 6 month-long training program aims to acquaint prominentThai leaders and executives from the public and private sectors, as well asCSOs, with contemporary policy issues, such as the linkages between the ruleof law and the 2030 Sustainable Development Agenda, the crucial roles of theprivate sector in enhancing the rule of law, good governance, the improvementof access to justice for vulnerable groups, as well as the criminal justice systemreforms. (www.tijrold.org)• TIJ Workshop for Emerging Leaders on the Rule of Law and Policy This week-long intensive Workshop held in Bangkok, Thailand seeks toprovide the next generation of leaders with a unique learning experience. Thefive-day course is exclusively taught by world-renowned faculty members andprofessionals drawn from the IGLP at Harvard Law School network. (www.tijforum.org)• RoLD in Action This programme seeks to demonstrate how the rule of law can addresscurrent socio-economic issues and benefit local communities and society as awhole through the application of theoretical knowledge in real-life contexts.(www.tijrold.org)• TIJ Public Forum on the Rule of Law and Sustainable Development The TIJ Public Forum is designed with the intention of creating a spacefor constructive dialogue on the vital roles of the rule of law in driving theSustainable Development Agenda. (www.tijpublicforum.org)

19With the advantage of utilizing a network of multi-disciplinary professionals,the RoLD Programme is well positioned to promote a sense of appreciation ofthe need for an integrated development-led approach amongst leaders acrossdifferent sectors as mentioned above, thereby ensuring that business leaders,policy makers and civil servants will consider, in their decision-making process,the multifaceted nature of the issue at hand or policy in question, as well as viewthe issue through a development lens.As part of RoLD in Action, RoLD fellows seek to explore how the rule of lawcan address current socio-economic issues and crime prevention, and benefitlocal communities and society as a whole through the application of theoreticalknowledge in real-life contexts. Project topics include: • Sustainable Coexistence between Man and Forest through the Lens of the Rule of Law: Case Study of Nan Province – exploring the role of a development- led approach in reducing crimes relating to deforestation in Nan province, which could be used as a model and adapted for implementation in other areas with similar problems. • The Development of Fair Debt in a Society Based on Rule of Law – exploring the informal debt crisis in Thailand and crimes relating to informal debt (e.g. deceptive and unscrupulous debt collection practices), as well as how government policy interventions as well as a development-led approach can contribute to a reduction in informal debt and the associated crimes. • Alternatives for Disruptive Technology through the Rule of Law and a Regulatory Sandbox – exploring how ride-sharing applications such as Uber and Grab can be regulated and co-exist with traditional taxis in Thailand. • The Role of FinTech in Increasing Access to Credit for the Unbanked in Thailand: A Case for Alternative Credit Scoring – exploring how alternative credit scoring can increase access to credit for the unbanked leading towards the goal of financial inclusion. • Building a culture of lawfulness in the Thai context • Social reintegration of former inmates for the reduction of reoffending

20A PEOPLE-CENTRED APPROACHTO ADDRESS THE COMPLEX RELATIONSHIPBETWEEN CRIME AND DEVELOPMENTJane HollowayChief of the Crime and Development ProgrammeActing Chief of the Programme on Transnational Organized Crime, TIJIn Southeast Asia the total prison population In doing so, the criminal justice system shouldand the rate of persons being held in prisons focus on addressing the vulnerabilities andare among the highest in the world. While the disadvantages of the offenders which led themcriminal justice system is designed to keep to committing the offence.our societies safe and free from violence andcrime, the incarceration of offenders has formany countries created a high cost to publicbudgets, burdens and backlogs the courts,and produces prison overcrowding while notnecessarily reducing crime or re-offence rates.The criminal justice system in Thailand and the Considering this complex reality, the law andregion is often challenged with providing justice the criminal justice system alone may notto the victims on the one hand and striking the be the only tools for a society to respond toright balance between appropriate punishment violence and crime. National developmentand assistance for those who have committed policies need to be fair and equitable, anda crime, on the other. In this light, the TIJ strives institutional capacity needs to be adequateto promote necessary conditions for criminal in order to achieve the full potential ofjustice institutions to consider restorative development initiatives to empower societiesjustice and alternatives to incarceration as a and reduce inequality. In this regard, nationalfirst resort. For those who are incarcerated, they and regional policies must aim at improvingshould be provided with rehabilitation and skills the well-being of all, if we are to successfullytraining for successful reintegration by taking prevent and reduce crime. Access to social andinto account the background, gender, age and economic development should therefore beother specific criminogenic needs of offenders. part of a strategy to prevent and respond to

21crime and violence, if we are to address these and interrelationship between crime andproblems while doing justice to the complexity development. The Programme draws fromof their root causes. This requires a multitude both institute’s existing and new cross-of stakeholders to work together to address cutting research, in line with relevant policythe root causes that led a person to commit frameworks, including the United Nations’a crime through an integrated and people- 2030 Agenda for Sustainable Developmentcentered approach. As part of national policies, and ASEAN 2025: Forging Ahead Together.most at risk groups and communities in contact Areas of research include development-with the criminal justice system as offenders led responses to preventing crime, reducingand/or victims in both rural and urban settings re-offending, and supporting successfulshould be provided development assistance to reintegration of offenders into society. Theprevent and effectively respond to crime. goal of the Programme is to support crime prevention and criminal justice reform forIn recognition of this complex reality, The sustainable development in Thailand and13th United Nations Congress on Crime the ASEAN region. This includes supportingPrevention and Criminal Justice held in 2015 regional platforms such as the ASEANadopted the Doha Declaration recognizing Conference on Crime Prevention and Criminalthe interrelationship between criminal justice Justice established by the ASEAN Senior Lawand sustainable development. September Officials Meeting at the proposal by the TIJ2015 also marked the adoption of the 2030 to foster discussion and dialogues on cross-Agenda for Sustainable Development by cutting issues related to crime and justicethe UN General Assembly as a new global among policy makers, practitioners, academia,initiative to address sustainable development civil society, international organizations andguided by 17 goals. For the first time, Member the private sector.States recognized that peace and inclusivesocieties, access to justice for all and effective More recently in January 2018, the TIJ inand accountable institutions are imperative if partnership with UNODC organized a Southeastwe are to achieve sustainable development. Asia regional study visit and colloquium onTogether with the SDGs, the Doha Declaration Empowering Vulnerable Communities andand other international standards and Women for Sustainable Development. Heragreements including the Bangkok Rules, Royal Highness Princess BajrakitiyabhaNelson Mandela Rules, the Tokyo Rules, the UN Mahidol, UNODC Goodwill Ambassador onGuiding Principles on Alternative Development the Rule of Law for Southeast Asia led theand the new Urban Agenda (Habitat III) are delegation of senior diplomats, and regionalexamples of tools to guide the criminal justice prison managers on a study visit to Chiang Maisystem to apply a more development-led Women’s Correction Institute and the Doi Tungapproach towards protecting our people and Development Project to promote and exchangeour communities to be safe from violence and experiences on assisting vulnerable persons incrime. prisons and at the community level. The study visit and colloquium engaged participants inThe Crime and Development Programme discussing promising strategies and scalingseeks to strengthen the Thailand Institute of up successful initiatives in the region as a wayJustice’s ability to consolidate its knowledge forward to enhance efforts in crime preventionbase and raise awareness on the complexities and the treatment of offenders.

22CONTRIBUTORS Kittipong Kittayarak, J.S.D. Executive Director, TIJ Matti Joutsen, J.S.D. Special Advisor, TIJ Phiset Sa-ardyen, Ph.D. Director of the Office of External Relations and Policy Coordination, TIJ Anuwan Vongpichet, Ph.D. Director of the Office of Strategy and Planning, TIJ

23 Jane Holloway Chief of the Crime and Development ProgrammeActing Chief of the Programme on Transnational Organized Crime, TIJ Kittipoom Neamhom Chief of the Policy Coordination Programme Acting Chief of the Women and Children Empowerment Programme, TIJ Chontit ChuenurahChief of the Implementation of the Bangkok Rules and Treatment of Offender Programme, TIJ Sudarak Suvannanonda Chief of the Statistics Programme, TIJ

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