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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Fifthly, cooperation should be enhanced between the Security Council and the ...

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Fifthly, cooperation should be enhanced between the Security Council and the International Criminal Court (ICC), in particular when dealing with cases of sexual violence. The perpetrators of large-scale sexual violence should never benefit from differences of opinion within the Council on a specific situation. Well-documented crimes should act as a clear basis for fast-track referrals by the Council to the ICC.

It is the legal and moral obligation of all States to protect women and girls...

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It is the legal and moral obligation of all States to protect women and girls from sexual violence. There must be a system of law and justice that leaves no doubt that sexual intimidation and violence aimed at women is inexcusable. In the Middle East, many legal systems do not meet basic international standards when it comes to protecting women.

The Secretary-General and Special Representative Bangura have long emphasized...

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The Secretary-General and Special Representative Bangura have long emphasized that a radical challenge to impunity can only be delivered at the national level. The real imperative in that regard is the assumption by national political leaders of ownership of this agenda.

Despite the broad range of activities and efforts under way, the scourge of s...

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Despite the broad range of activities and efforts under way, the scourge of sexual violence remains pervasive in many conflict and post-conflict situations. How does impunity for those crimes persist? What explains the reluctance to take decisive action to address that impunity — to send a definitive signal that sexual violence will no longer be tolerated?

In resolution 1325 (2000), the Security Council called for greater participat...

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In resolution 1325 (2000), the Security Council called for greater participation by women in the field- based operations of the United Nations in terms of the deployment of police personnel.

Within that framework, the Holy See appreciates the Security Council's commit...

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Within that framework, the Holy See appreciates the Security Council's commitment to enhancing international awareness of — and the resolve to address — the victimization of women and girls, as well as men and boys, by the heinous acts of sexual violence so often found in situations of armed conflict.

One promising approach lies in insisting more firmly that States make an ongo...

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One promising approach lies in insisting more firmly that States make an ongoing priority of rule of law reform and strengthening their national institutions, including the civil and military justice systems, in order to address sexual violence in conflict and post-conflict situations, and to combat impunity for those that commit this type of crime.

Guatemala's own internal conflict was resolved over 15 years ago, but there s...

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Guatemala's own internal conflict was resolved over 15 years ago, but there still are hundreds of victims of sexual violence committed by various armed perpetrators. Happily, and as I have already indicated, preventing violence against women is a priority of the Guatemalan State today.

Fourthly, I should say that in my professional life I have always been concer...

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Fourthly, I should say that in my professional life I have always been concerned with the grave problem of violence against women in general and on the impact it has on every aspect of economic and social development.

Finally, Guatemala strongly supports the elimination of obstacles to women's ...

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Finally, Guatemala strongly supports the elimination of obstacles to women's access to justice in conflict and post-conflict situations. That was one of the subjects of presidential statement S/PRST/2012/23, issued under Guatemala's presidency of the Security Council in October.

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