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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Thirdly, in security sector reform and in disarmament, demobilization and rei...

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Thirdly, in security sector reform and in disarmament, demobilization and reintegration programmes, more focus should be given to the needs of women and girls, not only as victims but also with a view to their active participation in reintegration processes.

Fourthly, Member States and regional organizations can also do more. Sexual v...

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Fourthly, Member States and regional organizations can also do more. Sexual violence shall under no circumstances be socially accepted. It is of paramount importance to criminalize sexual violence by law, hold perpetrators accountable and provide assistance services and reparations for survivors.

First, we welcome the work of the monitoring and reporting mechanism and hope...

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First, we welcome the work of the monitoring and reporting mechanism and hope it will continue to work closely with other United Nations mechanisms to guarantee the best possible concerted actions in the fight against sexual violence.

With respect to sanctions, in order for victims to no longer be stigmatized f...

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With respect to sanctions, in order for victims to no longer be stigmatized for the crimes they have suffered, we must do away with impunity for sexual violence. National Governments have the primary responsibility to prosecute and punish perpetrators of such crimes. When States fail to uphold their responsibilities, the International Criminal Court should play its role in full.

In Syria, the regime and its supporters are systematically using sexual viole...

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In Syria, the regime and its supporters are systematically using sexual violence to intimidate civilians and to get them to flee. Those crimes may be added to the long list of those committed by the Syrian armed forces against their own people. France believes that the referral of the matter to the ICC is amply justified.

Finally, with regard to legal progress, the ad hoc tribunals created by the C...

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Finally, with regard to legal progress, the ad hoc tribunals created by the Council, and then the International Criminal Court (ICC), have included acts of sexual violence among the crimes within their jurisdiction. They have been recognized as war crimes, crimes against humanity and acts of genocide.

Despite that progress, we have no other choice but to deplore the scope and f...

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Despite that progress, we have no other choice but to deplore the scope and frequency of sexual violence in conflicts, which is continually being used as a weapon to terrorize civilian populations. In the Democratic Republic of the Congo, in spite of the mobilization of the international community, sexual violence remains omnipresent.

After the defeat of the armed groups in northern Mali, justice must follow it...

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After the defeat of the armed groups in northern Mali, justice must follow its course for the victims of sexual violence. The matter has been referred to the ICC. Legal and psychological assistance will need to be provided to victims and survivors. With the assistance of the United Nations, the Malian authorities cannot choose to overlook the issue.

Fiji is committed to the elimination of sexual violence and to working both d...

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Fiji is committed to the elimination of sexual violence and to working both domestically and with the international community to do so. At the national level, Fiji's Ministry of Women has revived the Inter-Agency Task Force on the Elimination of Violence against Women to coordinate policy responses across all Government agencies.

We support the continued application of targeted and graduated measures by th...

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We support the continued application of targeted and graduated measures by the relevant Security Council Sanctions Committees aimed at perpetrators of sexual violence in conflict, as well as other measures at the Council's disposal, including referrals to the ICC, mandating commissions of inquiry and further steps towards ensuring systematic monitoring of commitments by parties to conflict under its resolution 1960 (2010).

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