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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Some of these issues are resource and capacity- related, which leads me to my...

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Some of these issues are resource and capacity- related, which leads me to my third observation, which is that the scale of sexual violence crimes committed during armed conflict is beyond the capacity of any national judicial system to address on its own.

Since then, the Ugandan court has adopted some of the procedures practiced by...

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Since then, the Ugandan court has adopted some of the procedures practiced by the ICC, including the use of redacted statements to support witness safety in proceedings and in the practices regarding the disclosure of evidence.

Let me again draw on our experience in Uganda. In 2011, the International Cri...

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Let me again draw on our experience in Uganda. In 2011, the International Crimes Division within Uganda became operational, with the jurisdiction to prosecute war crimes, crimes against humanity and genocide in compliance with the Rome Statute of the International Criminal Court.

In the past decade of our work, the Women's Initiatives for Gender Justice ha...

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In the past decade of our work, the Women's Initiatives for Gender Justice has worked with thousands of victims/survivors of sexual and gender-based violence and monitored accountability for such crimes in several conflict or post-conflict countries.

However, there are also challenges at the national level when attempting to p...

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However, there are also challenges at the national level when attempting to prosecute conflict-related crimes, including sexual violence.

Domestic efforts must be complemented by effective international prosecutions...

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Domestic efforts must be complemented by effective international prosecutions; United Nations interventions empowered to engage militias and other perpetrators of these crimes; effective protection mechanisms for civilians, including those targeting sexual violence; cooperative regional bodies; and, above all, compliance by the United Nations and Member States with their collective resolutions and recommendations on security, women, peace and

We appreciate the focus of this debate on impunity for crimes of sexual viole...

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We appreciate the focus of this debate on impunity for crimes of sexual violence. Impunity makes those responsible for crimes confident enough to use sexual violence as a tactic of war. Impunity takes away any hope for justice from victims and survivors. Impunity is a stumbling block in rebuilding peaceful societies after conflicts. In order to make a full contribution to our discussion, I will focus on six specific points.

To conclude, today we must all send a strong message to the perpetrators of s...

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To conclude, today we must all send a strong message to the perpetrators of sexual violence. They must know that sexual violence is not cost-free. The more seriously we endeavour to make this message a reality, the closer we will come to finally relegating rape in war to history books.

Thirdly, sexual violence should be addressed in peace agreements. Sexual viol...

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Thirdly, sexual violence should be addressed in peace agreements. Sexual violence should be included in the definition of acts prohibited by ceasefires. The principle of no amnesty for the perpetrators for crimes of sexual violence should always be respected. The participation of women in peace negotiations and ceasefires are the best way to ensure that these issues are not traded off for other agendas.

Fourthly, national authorities should be supported in their efforts to fight ...

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Fourthly, national authorities should be supported in their efforts to fight against impunity. Governments have the primary responsibility to protect their populations from sexual violence and to ensure that justice is done. The international community must stand ready to provide technical assistance and capacity- building, and to help strengthen the rule of law.

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