Japan’s enduring commitment to justice affairs diplomacy
The UN Kyoto Congress on criminal justice marks Japan’s contribution to strengthening the rule of law within the global community.
By WP BrandStudio
The 14th United Nations Congress on Crime Prevention and Criminal Justice is being held in Kyoto from March 7 to 12—the first time Japan is hosting the congress in half a century. With high-ranking officials from around the world coming together to discuss key issues related to criminal justice, the congress is a significant platform to promote and support the rule of law internationally. This piece delves into that broader effort, often called justice affairs diplomacy.
Inspired by community corrections in Japan
As chief of Namibia’s offender rehabilitation programs, Mariana Martin knew the potential benefits of an effective probation system. The country had long struggled with the effective supervision of released offenders. A new community supervision framework had been developed to address the shortcomings of the system. Martin, however, couldn’t quite figure out how to efficiently utilize the resources allocated to the disposal of the Namibian Correctional Service. That is, until she visited Japan.
In 2016, Martin attended a training program in Tokyo, part of the United Nations Asia and Far East Institute of the Prevention of Crime and the Treatment of Offenders (UNAFEI). The institute invites criminal justice officials from around the world to Japan for intensive training on crime prevention and criminal justice. The participants—many of whom come from countries with legal administrations that require some support—compare their systems and learn from one another about innovative judicial approaches. Notably, during her time in Tokyo, Martin became aware of the inventive way Japan manages its own probation system. In an effort to address any staffing issues, the country relies on volunteers to serve as frontline volunteer probation officers. Today, Namibia’s correctional service is considering introducing a similar model.
“The networks created have been extremely resourceful in providing guidance, sharing information and linking me to other contacts in the field,” Martin said. “I feel I have the necessary support—an effective international network of individuals with similar goals to help me contribute to the development of the correctional system in Namibia.”
Martin was the beneficiary of a quiet but enduring commitment by the government of Japan to advance the rule of law abroad. For decades, the country has leveraged the strength of its own legal system to provide technical assistance to other nations. UNAFEI—which has graduated more than 6,000 officials from over 130 countries—is just one example. Japanese public prosecutors, judges and judicial officials have traveled to other countries to assist in drafting codes and legislation. The country has also hosted major international legal congresses, including one in March. These efforts reflect a vision for modern justice affairs diplomacy that contributes to secure stability and prosperity abroad.
The benefits of legal assistance
Japan’s approach to justice affairs diplomacy is rooted in its own experience developing its legal system through international cooperation. In the late 19th century, during a period of modernization, Japan tasked legal researchers with learning from Europe’s judicial approach. With the advice of French scholar Gustave Boissonade—who spent two decades in Japan in an effort to understand its culture and needs—the country established its former penal code and former criminal procedure code. This history has nurtured a vision for international collaboration in the promotion of the rule of law.
In 1962—the year UNAFEI was established—Japan began hosting training courses for criminal justice professionals. Three decades later, the country started offering direct legal assistance programs after Viet Nam’s minister of justice asked Japan for advice on drafting a civil code. Since then, Japan has assisted many Asian countries with legal reform projects, including working with Viet Nam and Cambodia to draft civil codes and civil procedure codes, and to improve the training of judges and prosecutors.
Now is the time we must establish the rule of law in international society…through collaborations among countries that share fundamental values.
KAMIKAWA Yoko, Japan’s Minister of Justice
One country where Japan has played an important role in strengthening legal administration is Laos. Over the course of two decades Japanese experts have assisted Laos in building its legal education system, with the goal of addressing a shortage of qualified legal personnel. It also aided in the development of legal textbooks and commentaries now widely used by lawyers, judges and police.
Perhaps most significantly, Japanese experts were instrumental in the creation of Laos’s first-ever unified civil code—630 provisions governing nearly every facet of Laotian life—which came into effect last year. Laos first sought to develop a civil code in 1986, when it began the shift to a market-oriented economy. But laws created piecemeal with help from various sources had limited value. When it came time to create a unified code, Laos turned to Japan. Over the years, Japanese experts have spent years at a time in Laos absorbing Laotian culture and language and talking with Laotian officials. Their goal was always to partner with Laos to develop laws that fit the country’s particular needs.
“Support for developing the judicial system and drafting laws—which was provided by other donors—is important,” said Naronglith Norasing, a senior official at the Laotian Ministry of Justice. “But the system and laws are meaningless if they fail to adapt to the country’s contexts. The Japanese understand this perfectly.”
Justice affairs diplomacy in action
Japan’s efforts extend beyond bilateral assistance and training. The country has contributed to shaping the global agenda on issues of justice. This month, for example, in a milestone for justice affairs diplomacy, the 14th UN Congress on Crime Prevention and Criminal Justice—more commonly known as the “Kyoto Congress”—is being held in Kyoto from March 7 to March 12.
The Kyoto Congress is the first UN congress on criminal justice since the UN adopted its landmark Sustainable Development Goals (SDGs), and the first since the pandemic. The participants—high-ranking officials involved in legal systems around the world, including ministers of justice and prosecutors general—are coordinating on how to achieve all relevant SDGs, particularly Goal 16, “Peace and justice for all.” They are also discussing the challenges facing criminal justice systems as a result of the coronavirus crisis. The resulting “Kyoto Declaration” aims to serve as a guideline for the UN and its member states in the field of criminal justice.
Hosting the congress is just the latest example of Japan’s commitment to giving back to the world what it has learned about implementing the rule of law. “Now is the time we must establish the rule of law in international society, including Asia, through collaborations among countries that share fundamental values,” said Japan’s Minister of Justice, KAMIKAWA Yoko. “Using the Kyoto Congress as a catalyst, we will demonstrate our leadership in disseminating the results of discussions and promote justice affairs diplomacy even more.”
Japan aims to strengthen the rule of law within the global community by engaging in justice affairs diplomacy. With all these efforts contributed by Japan through its legal expertise, the Kyoto Congress held this March is expected to achieve fruitful results that are worthy of international attention.
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