Justice, Rule of Law and Security Sector Reform

The Justice, Rule of Law, and Security Sector Reform theme focuses on the application of a gender perspective into the post-conflict process of reforming security and justice institutions, with the aim of ensuring transparent, accountable, and effective services.

Huge gaps remain in area of security sector and justice reform although the United Nations and the Women, Peace and Security resolutions have stressed that Justice and SSR must be gender sensitive throughout planning, design, implementation, monitoring, and evaluation phases.

The Women, Peace, and Security resolutions stress the particular need for improved security sector responses to address and prevent SGBV. Member States are urged to undertake comprehensive legal and judicial reform to better protect women from violence (1888, OP6). Reiterating the call for prosecutions to end impunity (1325,OP11), Member States are called upon to investigate and bring perpetrators of sexual violence to justice (1820,OP4; 1888,OP6).

To help strengthen national judicial systems, and identify gaps in national responses to sexual violence, the Security Council requests that a UN team of experts work with national officials to enhance criminal responsibility for crimes of sexual violence (1888,OP8). Vetting armed forces to ensure the exclusion of those associated with past actions of rape and other forms of sexual violence is an essential component of Justice and SSR (1820, OP3; 1888, OP3). Finally, it is critical that access to justice, protection, and redress for survivors of sexual violence is ensured (1820, OP4; 1888,OP6-7).

The resolutions set out specific obligations, in addition to broader guidelines, for transitional justice and justice reform within SSR. Women’s rights must be ensured in the reform and rebuilding of the police and judiciary (1325,OP8), and within peace agreements. To facilitate this, SCR 1820 calls for the inclusion of women and women’s organisations in all UN-assisted reform efforts (OP10). Justice and SSR are crucial components of peacebuilding, and have a direct impact on a country’s ability to achieve sustainable peace. Both gender mainstreaming in policy making, and the participation of women, are integral to successful reform.

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While it is crucial to address sexual violence in conflict and post-conflict ...

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While it is crucial to address sexual violence in conflict and post-conflict contexts, it is equally important to combat impunity and strengthen both international and national justice responses to those crimes. Consequently, capacity-building related to the rule of law, that is wide in scope and goes beyond traditional areas of law reform and strengthening of justice and law enforcement institutions are necessary.

The rule of law should address justice, equality and equity with a strong foc...

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The rule of law should address justice, equality and equity with a strong focus on the empowerment of women and girls, gender equality, and preventing and combating violence against women as essential preconditions for equitable and inclusive sustainable development.

Transitional justice and the rule of law are crucial elements for the prevent...

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Transitional justice and the rule of law are crucial elements for the prevention and solution of conflicts. We therefore very much welcome the theme of today's debate, which emphasizes the importance of gender- sensitive systems. Women need to be part of all truth and justice commissions, and women's concerns need to be addressed in those fact-finding bodies.

Secondly, 43 countries have adopted national action plans on women, peace and...

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Secondly, 43 countries have adopted national action plans on women, peace and security. That is an important first step. However, any progress on the ground depends on the political will to abide by those commitments. The German national action plan, which was adopted last year, covers the four focus areas set out in resolution 1325 (2000) and additionally includes the areas of preparation for peace missions and the prosecution of crimes.

To make the fight against impunity tangible, access for women to the justice ...

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To make the fight against impunity tangible, access for women to the justice system is essential. Since 2011, in cooperation with UN Women, France has had in place a programme for strengthening women's access to justice in Afghanistan. In the framework of its plan of action, France has committed to a cooperation programme in Africa and in the Arab world, working in partnership with UN Women.

That and other crises demonstrate the urgent need to act. This morning, we he...

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That and other crises demonstrate the urgent need to act. This morning, we heard an eye-witness account on the Central African Republic. We have heard that the situation is tragic, encompassing sexual violence, forced disappearances, recruitment of child soldiers and, increasingly, religiously motivated violence. The precarious situation of women is shocking. The Council should remain apprised of the issue.

Justice remains the cornerstone of stabilization in post-conflict situations....

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Justice remains the cornerstone of stabilization in post-conflict situations. National Governments of course have the primary responsibility for prosecuting and punishing those resposible for sexual violence. However, when States fail to live up to their responsibilities, the International Criminal Court should be able to play its full role.

We welcome the theme of today's debate, with its particular focus on the rule...

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We welcome the theme of today's debate, with its particular focus on the rule of law and transitional justice during and post-conflict, which have received limited attention to date. Yet the breakdown of the rule of law in conflict leads to a broad range of violations of women's and girls' rights.

We welcome the comprehensive approach of the report of the Secretary-General ...

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We welcome the comprehensive approach of the report of the Secretary-General (S/2013/525) and particularly welcome the increasingly targeted and concrete recommendations for action. We underline the need for continued regular reporting and briefings to the Council.

The provision of fair, transparent, effective and accountable justice mechani...

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The provision of fair, transparent, effective and accountable justice mechanisms for all is crucial to ensuring the benefits of the rule of law for everyone. Women's and girls' rights must be secured; they must also be ensured in informal justice systems.

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