A/CONF. 187/3 non-governmental capacity to disseminate legislation and several ways. Legal rights that can be asserted by suspects informed comment on legislation. A number of lessons and offenders against the system protect other basic right have already been learned from such efforts sometimes at the cost of crime control, but such pro- 23. One lesson is that coherence or coordination is ceedings also support the system by identifying problems essential in developing individual reforms. Piecemeal and generating solutions. Ways are found to conduct the reforms that alter only one element of a justice system may business of crime control effectively within a framework of distort others, and in many cases no benefits can be basic rule of law and human rights. The rule of law also achieved by reforms in one area without correspondi increases the certainty and legitimacy of the law, which improvements in others. Ill-conceived re form packages brings benefits in the form of greater compliance and more may actually do more harm than good by damaging courts. Perhaps the greatest benefit, however, is that rule confidence in the system and future reform attempts Expandinglaw-enforcement and prosecutorial capacity, for of law reforms, by treating like cases alike, result in example, will simply generate backlogs in the courts and standardization in areas such as law-making, adminis hardship conditions in prisons without corresponding trative and judicial interpretation of the law, enforcement and other areas, which can greatly increase both effectiveness and efficiency 24. When considered as comprehensive packages, the magnitude of development efforts also suggests that rule of 27. Development efforts of recent years have also law reforms are important as a goal in themselves and not established that changes in legal systems alone will not Just because they are needed to support other objectives. bring about the rule of law in societies where the trad Rule of law projects during the 1980s and early 1990s itional or cultural values necessary to support it are not tended to develop rule of law measures in support ofeither present Legitimacy, legality and popular support for the economic "sustainable development programmes rule oflaw must be developed to the point where those who (including World Bank, Organization for Economic are adversely affected by legal rules are unable or Cooperation and Development and nd bilateral development unwilling to resort to non-legal means. This requires open- projects)or as a mechanism for the protection of basic ness and transparency in the formulation of public policy human rights(such as United Nations projects ). This raises the legislative process, the administration of the law and the possibility that those involved in such projects will Judicial proceedings. If these are present, popular confi- overlook or underemphasize aspects of the rule oflaw that dence in the law will be established over time. Ultimately are not essential to their own objectives civil society, including its most powerful members, that 25. Rule of law development for its own sake or reform their best interest lies with the advantages of public of other areas such as criminal law may in some cases be security, social stability, economic prosperity and general seen as secondary to economic development, or even as an quality of life generated by rule of law reforms impediment to it. Human rights projects have a greater interest in criminal iustice reform because of the need to 28. The lessons learned thus far suggest several con- protect rights in the course of criminal proceedings, but siderations for future efforts. Firstly, those invol ved in that relationship may also sometimes be an uneasy one. human rights or economic projects should also be con- There is generally some tension between human rights and cerned about the criminal justice effects of proposed the effectiveness of criminal justice systems because the reforms. Development projects attract corrupt influences, rights of criminal suspects are often protected by imposing and re forms that increase economic activity or attract investment may also increase criminal opportunities, in substantive or procedural requirements on police and some cases to an even greater extent than legitimate ones prosecutors, supported by some form of remedy for the suspect whose rights are infringed upon. In this context Crime control elements can often be"built in"to such references to"strengthening of the rule of law"by the programmes, but only if the necessary rule of law infra- United Nations would probably not be seen by some in the structure is there to support them. Changing crime patterns criminal justice professions as the strengthening of crimi- brought about by such reforms may also place added pressure on underdeveloped justice systems to protect the new interests while maintaining adequate standards in 26. In a larger sense, however, strengthening the rule of other areas. Changes that strengthen human rights law does indeed strengthen criminal Justice systems in protections should do so where possible without reducingA/CONF.187/3 7 non-governmental capacity to disseminate legislation and informed comment on legislation. A number of lessons have already been learned from such efforts. 23. One lesson is that coherence or coordination is essential in developing individual reforms. Piecemeal reforms that alter only one element of a justice system may distort others, and in many cases no benefits can be achieved by reforms in one area without corresponding improvements in others. Ill-conceived reform packages may actually do more harm than good by damaging confidence in the system and future reform attempts. Expanding law-enforcement and prosecutorial capacity, for example, will simply generate backlogs in the courts and hardship conditions in prisons without corresponding changes in those systems. 24. When considered as comprehensive packages, the magnitude of development efforts also suggests that rule of law reforms are important as a goal in themselves and not just because they are needed to support other objectives. Rule of law projects during the 1980s and early 1990s tended to develop rule of law measures in support of either economic “sustainable development” programmes (including World Bank, Organization for Economic Cooperation and Development and bilateral development projects) or as a mechanism for the protection of basic human rights (such as United Nations projects). This raises the possibility that those involved in such projects will overlook or underemphasize aspects of the rule of law that are not essential to their own objectives. 25. Rule of law development for its own sake or reform of other areas such as criminal law may in some cases be seen as secondary to economic development, or even as an impediment to it. Human rights projects have a greater interest in criminal justice reform because of the need to protect rights in the course of criminal proceedings, but that relationship may also sometimes be an uneasy one. There is generally some tension between human rights and the effectiveness of criminal justice systems because the rights of criminal suspects are often protected by imposing substantive or procedural requirements on police and prosecutors, supported by some form of remedy for the suspect whose rights are infringed upon. In this context references to “strengthening of the rule of law” by the United Nations would probably not be seen by some in the criminal justice professions as the strengthening of crimi￾nal justice systems themselves. 26. In a larger sense, however, strengthening the rule of law does indeed strengthen criminal justice systems in several ways. Legal rights that can be asserted by suspects and offenders against the system protect other basic rights, sometimes at the cost of crime control, but such pro￾ceedings also support the system by identifying problems and generating solutions. Ways are found to conduct the business of crime control effectively within a framework of basic rule of law and human rights. The rule of law also increases the certainty and legitimacy of the law, which brings benefits in the form of greater compliance and more cooperation by witnesses and others with the police and courts. Perhaps the greatest benefit, however, is that rule of law reforms, by treating like cases alike, result in standardization in areas such as law-making, adminis￾trative and judicial interpretation of the law, law enforcement and other areas, which can greatly increase both effectiveness and efficiency. 27. Development efforts of recent years have also established that changes in legal systems alone will not bring about the rule of law in societies where the trad￾itional or cultural values necessary to support it are not present. Legitimacy, legality and popular support for the rule of law must be developed to the point where those who are adversely affected by legal rules are unable or unwilling to resort to non-legal means. This requires open￾ness and transparency in the formulation of public policy, the legislative process, the administration of the law and judicial proceedings. If these are present, popular confi￾dence in the law will be established over time. Ultimately, establishing a new rule of law culture involves convincing civil society, including its most powerful members, that their best interest lies with the advantages of public security, social stability, economic prosperity and general quality of life generated by rule of law reforms. 28. The lessons learned thus far suggest several con￾siderations for future efforts. Firstly, those involved in human rights or economic projects should also be con￾cerned about the criminal justice effects of proposed reforms. Development projects attract corrupt influences, and reforms that increase economic activity or attract investment may also increase criminal opportunities, in some cases to an even greater extent than legitimate ones. Crime control elements can often be “built in” to such programmes, but only if the necessary rule of law infra￾structure is there to support them. Changing crime patterns brought about by such reforms may also place added pressure on underdeveloped justice systems to protect the new interests while maintaining adequate standards in other areas. Changes that strengthen human rights protections should do so where possible without reducing