19 September 2019
These projects, financed by the European Union and in whose management the FIIAPP participates, hold a high-level bi-regional conference today in Montevideo on alternative measures to the deprivation of liberty
With the presence of numerous European and Latin American authorities, COPOLAD, EL PAcCTO and EUROsociAL+ combine efforts, work, discourse and media in this conference with the aim of achieving a greater impact of the issue on society.
The conference was closed with a broad agreement formalised in a joint declaration ratified by all the representatives of the participating Latin American and Caribbean countries, as well as by the European Union and by the three regional cooperation programmes organising the event: COPOLAD II, THE COURT and EUROsociAL+.
Each from its perspective, in this post the three projects highlight the common dimension that they share around alternative measures to imprisonment.
COPOLAD and the importance of coordination between institutions
In recent years, several alternative measures to prison have shown encouraging results by reducing, in some prisons, the overpopulation and with it, the problems associated with this situation. The lecture will explain the main lines of action in this area, which have shown positive results, consistently and in different social contexts, in relation to overcrowding and in addressing other associated problems. In this context, and in order to explore the successful alternatives implemented in some countries and the evaluation of their benefits, an aspect that is common, basic and essential for ensuring success in the application of any alternative measure will be considered.
This key factor is the need for inter-institutional coordination, a concept that is easy to formulate but more complex to apply. Inter-institutional coordination has proven to be at the centre of any action that promotes the development of public policies in the field of alternatives to prison if they are to be effective (evidence-based), efficient and aligned with development goals, especially the protection of human rights, the empowerment of women, the promotion of public health and good governance.
With this in mind, the conference will provide an opportunity to look more in-depth at what inter-institutional coordination means in this area, the implications of facing the many challenges of developing and managing opportunities and the coordination mechanisms (multisectoral platforms and tools) that must exist to improve horizontal cooperation between the judicial system and the security forces, as well as between social and healthcare services.
Teresa Salvador-Llivina is director of COPOLAD and Claudia Liebers is responsible for Institutional Relations and Project Strategy.
EL PAcCTO: the relationship between alternative measures to prison and organised crime
Worldwide, and Latin America is no exception, many states have a prison overpopulation that sometimes reaches alarming levels. Overcrowding is an evil in itself, since in addition to affecting the human dignity of persons deprived of liberty, it prevents or greatly complicates the correct implementation of social reintegration programmes, the physical separation between dangerous detainees and minor criminals or first-time offenders.
Numerous international studies underline that prison cannot be the only solution for dealing with crime and show that, frequently, it becomes a crime school, favouring the proliferation of criminal groups that act inside and outside the detention centres, putting the safety of convicts and society as a whole at risk. There are several criminal organisations that have emerged and have been strengthened in the prison environment, taking advantage of the weaknesses of the systems due to high overpopulation.
Therefore, one of the main concerns of EL PAcCTO is the need to support the execution and use of alternative measures to deprivation of liberty, considering them as essential to easing congestion in prison systems and focusing attention on the most dangerous persons deprived of their liberty, who can recruit followers in prisons. For these reasons, we consider that the measures are also an essential tool for the fight against organised crime.
In addition, alternative measures are a transversal issue that need a holistic approach, strong coordination and lead to cultural change and a shared approach among all the actors involved also in terms of external communication.
Giovanni Tartaglia Polcini is the coordinator of the EL PAcCTO Prison systems component, Lorenzo Tordelli is the thematic co-coordinator-manager and Nathalie Boissou is the deputy coordinator.
EUROsociAL + , favouring social insertion and the abandoning of crime
In Montevideo, the EUROsociAL+ programmes, together with El PACcTO and COPOLAD, are currently organising a bi-regional conference on alternative measures to deprivation of liberty. All three, each from its own perspective, have addressed this issue, converging on common problems that make us work in the same direction.
Imprisonment as a penalty, which should be a last resort, has been used indiscriminately in Latin America. There has been an exponential growth in the prison population in recent decades. This overpopulation, which has caused problems of overcrowding, health, and violence, has been questioned to the extent that it has shown not to be able to favour social insertion processes, nor has it had a deterrent effect reducing re-offending, or positive effects on social rehabilitation
The social cohesion approach, which the EUROsociAL+ programme promotes, is closely linked to the development and use of alternative measures to deprivation of liberty, not only because inequality contributes to violence, and this in a programme that aims to reduce all kinds of inequalities, but because in their eagerness to “leave no-one behind”, the question that should interest us above all is not why do criminals commit crimes? but why do they stop committing crimes? The search for actions that favour the decision to abandon crime is the key in the processes of social insertion of offenders and in alternative measures.
A special focus will be given to women deprived of their liberty in this conference. Despite the fact that the percentage is much lower than that of men, the number of women imprisoned in the region has almost tripled in recent decades. This growth is very fast and proportionally much higher than that of men. These trends should be a concern for governments and the prison system, still lacking or indifferent in dealing with the specific needs of women. It is urgent, therefore, to incorporate the gender perspective.
Of course, the application of alternative measures cannot be incorporated without the backing of reliable administrative action. Implementation requires a framework of action with rehabilitative measures that allow judges to give real consideration and offenders to take responsibility for their actions and change and abandon crime.
Sonia González Fuentes is coordinator of the Democratic Governance policy area of EUROsociAL+ at FIIAPP.
12 September 2019
On the occasion of the International Day for the Preservation of the Ozone Layer, to be held on 16 September, Marc Reina, manager of the Police Cooperation Component of EL PAcCTO, reflects on the need for a strategic and operational framework for a more comprehensive, coordinated and multinational work against environmental crimes.
Representing an illegal business worth between 110 and 281 million dollars in 2018, according to estimates made by Interpol and the United Nations Environment Programme (UNEP), environmental crimes have become the third most lucrative stream of illegal revenue in the world, after drugs and counterfeit goods.
These figures have increased exponentially in recent years, growing by several digits, assisted by an inadequate regulatory system and an offence classification and punishment system which often treats them as civil rather than criminal matters. In addition, allocating police and judicial investigation resources to other areas, such as drug and trafficking in human beings, as well as treating environmental crimes as low risk compared to other types of crime, has created a breeding ground for criminal activity. These organisations engage in illegal mining, deforestation and wildlife trafficking, among other practices, and encourage other crimes such as corruption, money laundering, the hiring of hit men and sexual and worker exploitation.
Bearing in mind that Latin America represents more than 40% of the world’s biodiversity and that the geographic and political complexity of the region makes effective territorial control by States difficult, the fight against environmental crimes as a whole is a herculean task.
Thus, it is necessary to develop strategic and operational actions at various levels. On the one hand, strategic development must necessarily entail the creation of an international regulatory framework, either by means of protocols annexed to important conventions such as the United Nations Convention against Transnational Organized Crime (Palermo Convention) and the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES Convention), or by creating a new international treaty to serve as an umbrella to protect the environment and provide means for addressing environmental crimes.
On the other hand, at an operational level and in line with the conclusions and commitments of the Heads of State and the Ministers of the Interior of the seven largest economies in the world, who met at the G7 on the 4th and 5th of April, 2019, in France, efficient coordination mechanisms and police and judicial cooperation, both national and regional, is required; as well as the creation of specialised multidisciplinary Task Forces and Joint Investigation Teams (JITs). In this regard, the European Union has a significant comparative advantage over other regions, having fostered the development of institutions whose main purposes are coordination, exchange of information and inter-institutional and inter-country work. Examples of this are Europol and Eurojust.
National agreements against environmental crimes
However, in my opinion, the most efficient but perhaps most complex action is the search for strategic alliances and National agreements to develop comprehensive public policies. These policies would both prevent and establish the criminal nature of environmental crime, and would include important aspects of the fight against poverty, gender perspectives, the promotion of entrepreneurship, promotion of culture and education.
National agreements, together with their public policies, must have a majority consensus of the population and be governed by five basic principles: a willingness to provide financing and specific budgets; control and inspection; transparency; good execution; and, citizen accountability.
In this sense, Latin America has an opportunity, the experience and a duty to take on international leadership when it comes to developing comprehensive public policies to fight environmental crimes more effectively, fostering the transition to a green and responsible economy, as well as sustainable economic growth to generate business and to boost development in communities which are directly dependent on specific ecosystems for their survival.
This applies to a significant percentage of approximately 60 million people who consider themselves indigenous in the Latin American region. Many of them live in the Amazon basin, which has lost 20% of its biodiversity in the last 50 years according to the World Wide Fund for Nature (WWF, 2018), for reasons linked to overexploitation and organised crime.
Because of their way of life and their number, these communities are key not only to changing economic and human development in many countries, but also to developing new approaches to sustainable economic development, the fight against environmental crime and climate change, taking into account the collaboration between civil society, private companies with corporate social responsibility and the State.
Economic development vs. protection of natural resources
At this point, it is necessary to highlight the dichotomy between, on the one hand, excessive economic development at any cost; and, on the other, protection of natural resources. It should be noted that, in part, the increase in illegal extraction of raw materials and deforestation to create of large areas of animal pasture and plantations has been caused by an unbridled increase consumption by humans.
We have to acknowledge that there are organised criminal groups behind these crimes because there is a specific demand in this regard. Voluntarily or involuntarily. Whether or not the demand is aware of the connection between violence and crime.
It is clear that all countries and societies in the world have the right, but not the obligation, to economic, cultural, and intellectual development. However, as the impact of climate change is more than evident, we must consider the need to change an unbridled system of economic growth, that allows the emergence of numerous crimes which will end up contributing to climate change and growing violence in countries.
Therefore, it is necessary to balance frenetic human consumption with the protection of the environment.
Marc Reina, Manager of the Police Cooperation Component of EL PAcCTO
29 August 2019
Posteado en : Reportage
The project addresses access to justice for people in vulnerable situations. This documentary video presents a paradigmatic case: that of the Mapuche woman Lorenza Cayuhan
Access to justice is a hallmark of the EUROsociAL+ programme, which is funded by the European Union and managed by FIIAPP, and is one of the dimensions through which the fight against exclusion and inequality is being organised.
Despite the notable advances in this area in the Latin American region, there is still a need to improve and guarantee access to justice for certain at-risk groups in order to strengthen social cohesion. Within that framework, the Brasilia Rules on Access to Justice for people in a vulnerable situation, which was approved by the Ibero-American Judicial Summit, are a key instrument for guaranteeing access to justice and contributing to social cohesion in the region. Since the beginning of EUROsociAL in 2005, the programme has supported the countries in the region as well as regional networks, not only in initially defining the Brasilia Rules in 2008, but also in revising and updating them in 2018 and in their dissemination and implementation at the national level in Latin American countries.
The case of Lorenza Cayuhan, which is presented in the video, is paradigmatic in this regard because it shows multiple discriminations (intersectionality of discrimination) for being a woman, Mapuche, pregnant and deprived of freedom, as was ultimately recognised by a ruling of the Chilean Supreme Court of Justice.
EUROsociAL+ Democratic Governance Policy Area
04 July 2019
The Open Justice Strategy of the State Council of Colombia, supported by the ACTUE Colombia project, has received a stellar reform award.
Early last month, I was fortunate enough to attend the 6th Global Summit of the Open Government Partnership in Canada , a gathering that brought together two thousand people from 79 countries and 20 local governments who, along with civil society organizations, academics and other stakeholders, make up the Open Government Partnership (OGP). This year, the Summit revolved around three strategic priorities: participation, inclusion and impact.
During the inauguration, and to my surprise, the initiative that we supported in the ACTUE project – a project managed by FIIAPP with EU funding between 2014 and 2018 – was displayed on giant screens: the Open Justice Strategy in the State Council of Colombia as one of the “ Stellar Reforms” selected in the last OGP cycle. It was very exciting to be able to experience that tangible impact of one of our projects, something that we rarely get to experience. I was even more thrilled than when I saw the Canadian Prime Minister Justin Trudeau live, which is really saying something. And for good reason, too. These 12 commitments have been selected by the Independent Review Mechanism from among hundreds of others for showing evidence of preliminary results that mean significant advances in relevant and transformative political areas .
The Open Justice Strategy in the Council of State of Colombia has, for the first time, allowed the Court to begin publishing its previous agendas and decisions, as well as information on possible conflicts of interest of judges and administrative staff; essential aspects of public accountability, as well as enabling citizens and civil society to do their work of social control. In the long term, these changes can reduce corruption in justice institutions and allow them to regain the trust of citizens . Justicia Abierta is one of the political tendencies in open government that is gaining greater traction, given the major impact that its actions can have on citizens; In particular, access to justice makes it possible to exercise other rights. In addition, this sectoral action contributes directly to the advancement of the 2030 Agenda through goal 16, Peace, Security and Solid Institutions.
The ACTUE Colombia project was supporting the Transparency Secretariat of Colombia in the preparation of its OGP action plans, as well as civil society organizations, by using specialized technical assistance to promote the creation of a space for dialogue between administrations and civil society to define their own priorities in open government .
This is a good example of the positive impact that delegated cooperation can have, thanks to the flexibility and innovation they bring to our partners and the technical assistance on demand that we carry out.
About the ACTUE-Colombia project
The Anti corruption and Transparency Project of the European Union for Colombia (ACTUE-Colombia) has supported Colombian institutions in the implementation of key measures for a Open Territorial Government with the aim of making progress in the prevention of and fight against corruption both at the national and territorial levels. To this end, the project supported the creation of conditions for the fulfilment of international commitments, the strengthening of social control, the promotion of the co- responsibility of the private sector, and the generation of cultural and institutional changes .
The project is financed by the European Union and managed by FIIAPP in coordination with the Secretary for Transparency (ST) and Public Function (FP). It has assisted three regional governments, six city councils and two hospitals in areas such as applying the Law on Transparency and Access to Public Information, drafting Anti-Corruption and Citizen Information Plans (PAAC), fostering accountability and promoting public participation. It has thus helped officials to understand that the right to transparency and access to information is an essential right on which other rights depend. It has increased their awareness by institutionalizing advances in active transparency and their knowledge of how to identify and manage the risks of corruption.
Carolina Díaz, legal technician in the area of Justice and Security at FIIAPP and, between 2014 and 2018, member of the ACTUE Colombia team
14 March 2019
Posteado en : Reportage
Laura Cárdenas is the author of this text and a EUROsociAL + expert in the development of an awareness strategy for alternative measures to prison
Just like every week, Miguel comes to PROMESEM, the Social and Community Insertion Program of the National Institute of Social Inclusion of Adolescents Uruguay (INISA). Every day psychologists, social educators, professors and teachers await to work closely with him and to comply with the sanction imposed by the court for the crime he committed, after a year of confinement, now in an open environment. “They are my guardian angels,” he explains. And that is the atmosphere in the INISA centre. Hugs, smiles, the smell of incense, decorated walls and teenagers, men and women, who are looking for encouragement and a way to make up for the damage they caused, to society and to themselves.
Miguel is one of more than 300 teenagers who are under the protection of INISA, the governing body in charge of young people guilty of criminal conduct, within a system in which imprisonment “has been the rule rather than the exception”, according to its president, Gabriela Fulco. That is why the State has created a new model for addressing non-custodial measures that “responds to the need to comply with the commitment acquired by the State on ratifying the Convention on the Rights of the Child ” and implies more extensive application of socio-educational and reintegration measures, facilitating the continuity of the social and family lives of teenagers and establishing peace within the community.
Because of this, the European Union, through its EUROsociAL + programme, which is managed by the FIIAPP, is assisting INISA in this process by exchanging experiences and good practices in European and Latin American public policies in this area. These include designing a communication and awareness-raising strategy to serve as a guide to raise awareness among Uruguay’s citizens, state institutions, media and private sector of the need to promote the application of measures other than imprisonment to improve social cohesion.
As explained by Fulco, from the perspective of both children’s rights and citizen security, imprisonment does not solve the problem of insecurity or improve the possibilities of social reintegration of teenagers. However, the model that applies alternative sanctions to imprisonment through socio-educational measures has demonstrated internationally lower rates of recidivism and greater reintegration.
PROMESEN serves teenagers who have previously been imprisoned and others who have not . According to its director, Fernanda Albistur, there is a big difference between them: “Those who come after being incarcerated are stunned, during the initial weeks they do not even want to leave the house and many are afraid to come alone. They keep hearing the noises of the prison, the padlocks, the doors … It is much more difficult to get them to participate in the programme. Confinement also aggravates the family situation and all the conflicts they had prior to their detention and that were frozen reappear, “explains Albistur. “We often ask ourselves what we can do to repair the institutional damage caused by confinement, what we can do to repair the horrible experiences they have had.”
Miguel went every week to the geriatric hospital Piñeiro del Campo, where elderly homeless people live, as part of one of the community service programmes the socio-educational sanction requires.
Laura Berois, a teacher, accompanied the teenagers in this activity. “They have very complex lives and when faced with situations more difficult than theirs they become aware of how important it is to look after themselves,” she says.
Mariela, who also participates in this programme, lives with her parents and grandparents in a neighbourhood that she does not like, she explains. Now Mariela says that she has realised that “it is useless to take the easy way. You have to fight and live peacefully with other human beings . ” Mariela imagines a future in which she can continue with her studies “to work and bring up my family because I want to be a nurse to be able to heal people”. “I still have two months left to keep coming, but I’m going to do it. In addition, there are good people here, they help us “, she emphasises.
Sofia Rodríguez is one of the PROMESEM educators. Every day, she faces the challenging task of seeing the conditions in which the teenagers live. Their basic needs and rights have been totally violated which is why “they care so little about their own lives”. They are teenagers who are totally excluded from society, from the education system, who are born and live in a criminal environment, which is why Sofia asks: “How can they be expected to respect the rights of others if all their own rights have been totally violated? Nobody questions why adolescents in trouble with the law do not belong to the middle or upper classes, but to the poor. As a society, we are responsible for what is happening”, she insists.
“ Most have been neglected throughout their lives . Some have serious psychological disorders and cannot distinguish between right and wrong”, explains Carolina, one of the centre’s psychologists. However, all the workers at the centre praise these teenagers’ resilience.
“I have never been treated as well as at Piñeiro Hospital. What’s more, the old people were always waiting for us and when we left they were sad. We did art together and even did an exhibition of the works at Santo Domingo City Hall”, says Miguel. Now, Miguel, thanks to the agreement between the Municipality of Montevideo and INISA and, above all, to his change of attitude, has found a job and will be able to meet the needs of his newborn son and those of his family.
29 November 2018
Antonio Roma, coordinator of cooperation between justice systems at EL PAcCTO, reflects on the role and value of international judicial cooperation within the framework of the project
Today, international judicial cooperation is a necessity for all countries. In particular, if we talk about the European system, we have gone from cooperation between states to cooperation between judges of states, without the need to go through a centralised control system of administrative authorities. In that regard, in Europe, we therefore have extensive experience based on a principle of integration.
With the objective of developing this integration, at EL PAcCTO—a project financed by the European Union and managed by FIIAPP, and in collaboration with the Italo-Latin American Institute and the Camões Institute of Portugal—we work to strengthen effective judicial cooperation with Latin America. The region is full of professionals—true professionals, for that matter—who work in their respective countries and who are highly competent. However, the structures they have for working in international judicial cooperation remain very dependent on cooperation between states. At EL PAcCTO, we can go as far as the will of the states determines, since it is an on-demand project.
In any case, we are making a very strong commitment to facilitating cooperation systems, by increasing the acts of cooperation available to them. It is not about allowing them to help foreign judges or foreign prosecutors, but about giving them the best conditions to request help abroad: to open their borders to the world in order to receive information and investigate the crimes they are dealing with.
We are working through several lines: for example, we are facilitating an update of international cooperation laws to give them access to the new techniques that inevitably arrive. The truth is that crime advances so fast, money moves so fast, and the perpetrators of crimes cross borders so quickly, that any attempt to continue with a scheme based on cooperation between states typical of the mid-twentieth century leads to few results.
Organised crime requires being very up-to-date, and to achieve this, picking up the pace is very important. For this reason, we are working on the creation of joint investigation teams and other innovative cooperation techniques between states, and also in relation to cybercrime, because the existing forms of cooperation in this area, such as instant contacts between the state police and fiscal authorities, are in need of an update.
We are also establishing a line of work that is being used by different nations to facilitate computer technical systems. In this way, the system users, i.e. the prosecutor or the policeman who is on the last corner of the state border, will have the mechanisms to not only get the information, but also the facility to prepare cooperation events with other states. All of this will be made simple, facilitating the work of all parties and ultimately promoting greater international cooperation between them.
In short, EL PAcCTO is not based on training courses or on knowledge updates; instead we seek to have an effect which is as direct and practical as possible and, therefore, to learn by doing but also and, above all, by improving structures, systems and techniques.