GOVERNANCE NOTES NOVEMBER 2017 MARCH 2018 GOVERNANCE NOTES No.4 No. 7 STRENGTHENING SERVICES FOR VICTIMS OF CRIME IN SERBIA AND BEYOND Prepared by Georgia Harley, Marina Matic Boskovic, and Margaux Roussel Governance Global Practice Victims of crime are among the most vulnerable Several international human rights instruments establish groups in need of government services. Yet, victim principles on treating victims of crime (UN 1985; Council support services (VSS), if available, often vary in their of Europe 1985, 2006), and for current and aspiring EU quality and accessibility within countries and between members, a binding EU directive establishes minimum countries. Service delivery failures can leave victims standards. Several client countries in the Europe and feeling helpless and abandoned by the justice system Central Asia Region are working to improve their service and their government, resulting in avoidable econom- delivery models. ic and social welfare costs. New tools from the World Bank can help client countries establish effective sys- TOOLS FOR BUILDING EFFECTIVE SYSTEMS tems to deliver reliable and accessible services to crime Six tools were employed to develop a strategy for building victims. Partnering with Victim Support Europe (VSE), effective victim support systems: assessment of rights the leading civil society organization (CSO) working and services; assessment of police responsibilities; to strengthen victims’ rights and access to services institutional mapping; interactive online map; advice on in Europe, the World Bank developed a technical as- financing mechanisms; and analysis of networking and sistance package to assist the Serbian government in referral systems. This activity was funded by the Multi- setting up a comprehensive service delivery system. Donor Trust Fund for Justice Sector Support in Serbia, The team worked closely with justice stakeholders, in- a sector-wide program led by the World Bank to support cluding courts, prosecutor’s offices, police, government the strengthening of the justice sector to facilitate its agencies, representatives of academia, local CSOs, integration into the EU. and victim support organizations (VSOs), to review the existing victim support system and make recommen- Assessment of Rights and Services dations for improving the country’s laws, policies, and The World Bank reviewed victims’ rights and services practices. By applying its experience in justice reform, and assessed how the systems align in practice with five VSE’s policy dialogue on victim services with the Euro- major elements of the EU directive: support; information; pean Union (EU), and input from local service providers, interpretation and translation; protection; and training the World Bank developed a replicable and scalable (Altan et al. 2017). By capturing a picture in Serbia, the support program that can be applied in other countries assessment presents a baseline of the victim support interested in pursuing similar reforms. structure, which enabled stakeholders to begin developing a strategy for a more comprehensive and effective WHY THIS MATTERS system. Victims of crime need a variety of government services, Findings unveiled a range of problems and gaps in ranging from basic information to physical protection, service, legislation, and practice requiring attention and and including shelters, hotlines, health and psychosocial suggested policy action steps based on best fit practice in services, legal assistance, and more. Setting up effective five EU member states: Croatia, England, Finland, France, VSS not only is in the best interest of justice, but also is a and the Netherlands. The comparative overview with responsibility that governments have to their citizens in these five jurisdictions provided useful lessons for Serbia accordance with international laws. and can serve other countries. 1 GOVERNANCE NOTES MARCH 2018 No.7 Assessment of Police Responsibilities as gender-based violence or human trafficking. The report The World Bank analyzed legislation, policy documents, examines how services can be expanded to aid all types and practice guidelines related to the responsibilities of victims. of Serbian police when dealing with victims of crime (Ivanković and Altan 2017a). The report identifies gaps Interactive Online Map between police responsibilities and EU standards. The national survey and institutional mapping exercises Findings have informed policymakers in their efforts served as the basis for an interactive online map of all to reform the legal and policy frameworks and respond available VSS in Serbia to help victims safely obtain reliably to the needs of victims. accurate information and request desired assistance. In this way, the program not only helps to develop a future Institutional Mapping VSS system but provides practical support to current All organizations, both state and nonstate, that deliver victims trying to navigate their way through the current services were mapped (Harley et al. 2017). Through patchwork system. surveys and interviews with stakeholders across the country, the World Bank team painted a comprehensive Advice on Financing Mechanisms picture of services—to whom they were delivered, where, The World Bank also explored funding opportunities for at what level of capacity, and with how much funding. VSS in Serbia (Ivanković and Altan 2017b). By examining The mapping exercise revealed a patchwork of incomplete the financing mechanisms in Finland, France, and the services in Serbia. They are often limited in geographical United Kingdom (UK) , the team was able to suggest ways scope, with most available only in Belgrade or other urban to fund a national system without creating additional centers, and they are focused on specific victim profiles, burdens on the state’s budget. The analysis has also such as women with disabilities or victims of crime, such assisted policy makers in identifying alternative sources of funding already in place in Serbia that can be redirected St t institutions providin toward VSS. Examples include: the surcharge on insurance victim support contracts in France; the state monopoly on gambling in NGOs providin victim support North B čk North B nat Finland; the direct budget allocations from the Ministry of Or nis tions off r support to Justice in Finland and the UK; and income from charges W st ll vitims of crim in nd out of B čk crimin l justic s st m on offenders through a victim surcharge, different penalty South C ntr l B nat Administr tiv districts without n victim support s rvic s notices, and prisoners’ earnings levy in the UK. Some B čk other sources of funding are identified, such as income from assets confiscated in criminal proceedings or the Sr m South B nat emergency funding available in France. Analysis of Networking and Referral Systems BELGRADE M čv The World Bank team examined how Serbia could create Podun vlj Br nič vo a national network of VSS providers using existing Kolub r Bor infrastructures and organizations (Ivanković and Altan Šum dij 2017c). The analysis included comparative work from Pomor vlj Finland and France. These countries have well-established Mor vic Z j č r services that meet EU standards and were most relevant Zl tibor R sina within Serbia’s context. The report identifies four basic frameworks for delivering support to victims: • a single, national, state-funded CSO, providing services Niš v R šk Toplic Pirot for all victims of crime; J bl nic • a single state-run VSS system; • a network of CSOs coordinated by a single body receiving state funding; and Pčinj • a network of CSOs coordinated by a state-funded steering committee. 2 GOVERNANCE NOTES MARCH 2018 No.7 The team concluded that the French model offers the It organized events on the importance of establishing most viable fit for Serbia. All service providers would be VSS and led all institutions in the process of planning, brought together under an umbrella body—a CSO, an elaborating, implementing, monitoring, reporting on, and independent authority, or a state entity—to develop, coordinating sector policies. States can then focus time oversee, and ensure compliance with national standards, and resources on key action steps such as: build a strong partnership with the Serbian government, and promote consistency and coordination at the • Aligning national legislation with international national level that can generate reliable, high-quality standards. This process helps governments identify service delivery throughout the country. deficiencies and potential areas for improvement and devise legislative amendments to achieve full LESSONS LEARNED compliance. Important lessons can be gleaned for countries motivated to establish VSS systems. • Standardizing VSS and VSOs to ensure high quality across the board. A set of national standards is Because victim support services are complex, effective essential to establish and maintain the reputation of service delivery requires coordination among a range of organizations and to prevent additional harm to victims players. Often, aid for crime victims is divided between who use services. Ideally, introducing accreditation several institutions, such as government bodies (e.g., standards would set the parameters for organizations ministries of justice, labor, or social policy), the judiciary who want to join the victim support network. branch (courts and prosecutor’s offices), and CSOs. Establishing a single entity to coordinate all state • Developing and disseminating information to help and nonstate service providers can conserve valuable victims of crime better understand their rights and resources by avoiding unnecessary service duplication and the resources available to them. It is important for making service delivery more efficient and accessible to information to be complete, up to date, and available all. A federated scheme ensures proper governance over in different lay formats, such as orally, in writing, and the system, adherence to national standards, consistency online. of service delivery, and the effective disbursement of government funds. A nationalized system also makes it • Training and building the capacity of service easier to identify geographical areas or victim groups that providers. Make training ongoing and sustainable with need better access to services, so no victim falls through a core aim of developing both practitioners’ skills and an the cracks. understanding of victims’ issues. This approach will help avoid secondary victimization, which affects victims’ State funding for VSS operations is critical to ensure chances at rehabilitation and reduces their trust in equality of service provision among geographical the justice system. A comprehensive assessment locations or victim groups. Because autonomous service can be done to identify the training needs of different providers are under pressure to attract private donors practitioner groups. or grants, VSOs compete for funding sources. This time-consuming process silos service delivery to The program developed by the World Bank can inform donorfriendly topic areas and threatens the sustainability strategy, policy making, and implementation choices of a nationwide service delivery model. State budgets that can change lives. Based on these good practices, should focus on providing long-term operational funding the World Bank stands ready to support other clients for VSS to ensure that all victims have access to quality and provide important policy advice to decision makers. care, regardless of who they are, where they live, or what It can carry out a range of targeted activities, from legal crime was committed against them. gap analysis, institutional mapping, and comparative reviews to identification of good-fit practices and Governments can identify champions to lead reform regulatory and fiscal impact assessments. With these efforts and develop action plans that will achieve tools, policy makers can make informed choices about measurable progress. To facilitate efforts in Serbia, the options available to them and design strategies that meet Ministry of Justice served as the sector’s lead institution. international standards and prevent implementation gaps. 3 GOVERNANCE NOTES MARCH 2018 No.7 CONCLUSION The World Bank has developed tools and partnerships that can support client countries to ensure the effective delivery of victim support services. Noting the high relevance and replicability of this work, justice stakeholders across the ECA region have expressed interest in seeking similar support. The World Bank continues to be a constructive partner for policy makers around the world as they think through the key elements of effective service delivery for victims of crime, from strategy to implementation. REFERENCES Altan, Levent, Ann Verelst, Georgia Harley, and Marina Matic. 2017. 2017. Analysis of Victims’ Rights and Services in Serbia and Their Alignment with EU Directive 2012-29-EU. Washington, DC: World Bank Group. Council of Europe. 1985. “Recommendation No. R (85)11 of the Committee of Ministers to Member States on the Position of the Victim in the Framework of Criminal Law and Procedure.” ———. 2006. “Recommendation Rec (2006)8 of the Committee of Ministers to Member States on Assistance to Crime Victims.” European Union. 2012. “Directive 2012/29/EU of the European Parliament and of the Council of 25 October 2012 Establishing Minimum Standards on the Rights, Support and Protection of Victims of Crime, and Replacing Council Framework Decision 2001/220/JHA.” Harley, Georgia, Marina Matic, Levent Altan, An Verelst, Aleksandra Ivanković, and Sanjin Bužo. 2017. Overview of Existing Victim Support Services in Serbia. Washington, DC: World Bank Group. Ivanković, Aleksandra, and Levent Altan. 2017a. Analysis of Legislation, Policy Documents, and Practice Guidelines Relevant to the Responsibilities of Serbian Police when Dealing with Victims of Crime. Washington, DC: World Bank Group. ———. 2017b. Ensuring Funding for Victim Support Services. Washington, DC: World Bank Group. ———. 2017c. Operating Networks for Victim Support Services. Washington, DC: World Bank Group. UN (United Nations). 1985. “UN General Assembly Declaration of Basic Principles of Justice for Victims of Crime and Abuse of Power.” A/RES/40/34, November 29, 1985, 96th plenary meeting, New York City, NY, USA. GOVERNANCE GLOBAL PRACTICE Guiding Results through Public Institutions Governance Notes captures knowledge derived from World Bank engagements and technical and financial assistance requests. The views expressed are those of the authors and do not necessarily reflect the views of the World Bank. For more information, contact: askgov@worldbank.org. 4