Many parts of the world today continue to encounter serious forms of violence and other security issues. While reports from United Nations sources show a decline in the crime rate worldwide, people in some countries for example in Latin America, Asia and sub-Saharan Africa face an increased risk of violence. The situation is more aggravated for vulnerable groups such as children and women.
There exists an inter-relationship between three important frameworks: the criminal justice system; the rule of law; and development which provide perspective when we think about building a safer society.
Everyone knows that the criminal justice system has much to do with safety, by dealing with violence and crime. For a society to be safe, we need to have laws in place to sanction harmful actions; we also need an array of robust professionals within the criminal justice system to enforce those laws and sanctions by arresting and prosecuting suspects before a court and by providing rehabilitation opportunity for convicted offenders. But the law and criminal justice system alone may not be a durable solution for violence and crime. Strict application of the law without taking into account realities might take us even further away from fairness.
Vulnerable groups such as women and children might become even more vulnerable when in contact with the justice system, particularly when it fails to take into account their real and specific needs. Therefore, beyond the law what we need is the "rule of law" in addressing crime and violence in a manner that ensures access to justice by responding to specific and real needs under certain circumstances and situations.
A robust criminal justice system and the rule of law to guide and set adequate safeguards are the two essential building blocks for a safer society. However, for this to be sustained, we also need the third and last piece of the puzzle. We need "development" tools if we are to address the problem of crime and violence at their root causes.
This is why it is important for those who work in the criminal justice system to sometimes take a broader perspective and look at society as a whole where other sectors also play an important role in building a safer society through development.
In situations where inequality and a lack of access to human, social and economic development lie at the root of violence and crimes, the criminal justice system alone may not help us address these issues. We need to find a solution by looking somewhere else, even beyond the confines of the law and justice sector.
Fortunately, we have the 2030 Agenda for Sustainable Development which is a universal call for a global solution. The Sustainable Development Goals (SDGs) also provide a global holistic tool for ending hunger, poverty, gender inequality and conflict, all of which are key barriers to achieving a peaceful society. With the SDGs, the international community has now agreed that the rule of law, peace, justice and security are key elements in realising sustainable development. The rule of law has become one of the specific targets to guide our efforts to transform the world we live in.
Former UN secretary-general Ban Ki-moon defined the rule of law as "a life of dignity for all where justice prevails". SDG 16 on the rule of law does not only stand as a goal, in and of itself. It also provides an enabling environment for the achievement of other goals. When effective, the rule of law provides a society with a clear sense of assurance that the use of coercive power by the government, the utilisation of natural resources, and the promotion of economic development shall be for the benefit of everyone. The rule of law implies a sense of respect for human rights, non-discrimination, mutual interest as well as effectiveness and due process when state agencies apply executive power. The rule of law creates conditions enabling an effective legal and operational infrastructure, and at the same time protects the rights and interests of all concerned.
Violence against women is an example to illustrate how gender perspective is key to building a safer society. SDG 5 calls for gender equality with non-discrimination and an end to violence against women. Here, Goal 16 on the rule of law comes into play by providing an appropriate legal infrastructure to protect women against violence and non-discrimination. The rule of law is not only a matter of having the laws in place. It is also the way that the laws and their implementation in reality understand and take into account the interests and concerns of people, or, in this case, women.
Every country has laws criminalising rape and other forms of sexual violence. However, one research project by the Thailand Institute of Justice focusing on access to justice for women reveals that not only does violence against women remain highly prevalent, the laws against it often are not implemented in practice. Worldwide, as many as 80% of women who are victims of violence decide not to report what they have encountered. Largely, this is because there is a lack of gender sensitivity within the justice system.
On many occasions, we need to strike a proper balance between the use of criminal sanction and non-punitive approach in preventing and fighting against crime and violence. Let us take the example of drugs. Harsh criminal justice responses are being implemented as part of a "war on drugs" in various jurisdictions. Obviously, increasing punishment is a simple approach when one attempts to eradicate the drugs. However, this may be a short-term solution and the price -- which often results in overcrowding in prisons -- may be very high.
Finding the right balance is not easy, but not impossible. The experiences in Thailand in implementing the alternative livelihood support programmes for people living in the heart of the Golden Triangle provide a good example in this context. Forty years ago, the Golden Triangle was known as a major opium production region. Living conditions of local farmers were characterised by a lack of opportunity, which forced many people to rely on the illicit cultivation of crops such as poppy and cannabis. The alternative development approach pioneered by His Majesty the late King Bhumibol has served to curb this illicit crop cultivation, not through the strict implementation of the law, but through addressing fundamental needs such as health, education and other basic support. Instead of strictly applying criminal law, through "development-led" approaches, we can address the lack of social and economic opportunities as well as the vulnerabilities, and provide conditions where members of society can promote among themselves a sense of lawfulness in order to prevent crime and violence.
The rule of law, access to development, and an inclusive society are interrelated and mutually reinforcing in our work on building a safer society and in achieving sustainable development. With this realisation, SDGs provide us with a relevant framework to think about the criminal justice system and crime prevention, and to think about them in more inter-related terms and in a wider context. The SDGs allow those who work in the criminal justice system to see how they benefit from the work of those other important sectors which also contribute to preventing crime and ensuring a safer society.
At the heart of the SDGs is the promise that no one shall be left behind. The words "no one" refer not only to women or children or vulnerable groups who may be subjected to crime and violence. They refer to anyone and everyone, men included. None of us should miss the opportunity to join hands in building a safer society.