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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So why is the reality on the ground so often dismal compared to the progress ...

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So why is the reality on the ground so often dismal compared to the progress in policy and doctrine? The fundamental reason is as obvious as it is challenging. It is the lack of respect for international humanitarian law by State and non-State actors. That, coupled with the prevailing culture of impunity, is the main cause of the human suffering we are witnessing. Various factors compound that challenge.

Since the Security Council's adoption of resolution 1265 (1999) and other r...

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Since the Security Council's adoption of resolution 1265 (1999) and other relevant resolutions, the protection of civilians has remained a major issue in the Council's work. While we note the progress made, it needs to be said that events on the ground show that more attention has to be paid, especially as regards the full implementation of the resolutions adopted to protect civilians caught in conflict situations.

In conclusion, Ghana wishes to encourage greater participation by the inter...

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In conclusion, Ghana wishes to encourage greater participation by the international community in the work of regional organizations in order to strengthen the capacity of such bodies to enhance their protection of civilians and ability to intervene in conflicts. We also stress the need to prosecute and punish perpetrators as a deterrent to crimes committed with impunity.

To conclude, let me briefly touch upon the need to fight impunity. This pas...

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To conclude, let me briefly touch upon the need to fight impunity. This past summer, the Security Council adopted a presidential statement on children and armed conflict (S/PRST/2010/10), which called for increased exchange of information on persistent perpetrators between the Security Council Working Group on Children and Armed Conflict and relevant sanctions committees of the Security Council.

We should recall that the primary responsibility for the protection of civili...

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We should recall that the primary responsibility for the protection of civilians belongs to States. Therefore, it seems to us essential to strengthen their capabilities in order to enable them to better respond to that obligation.

Gabon invites the Council to continue its reflection on those two issues. The...

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Gabon invites the Council to continue its reflection on those two issues. The fight against impunity is another area where there are clear shortcomings and where Governments should work harder to avoid giving legitimacy to the crimes that are committed. It is true that, in some places, timid initiatives have been taken and, in many countries weakened by crisis, the rule of law is still in its early stages.

Recent months have brought important developments on two points: peacekeeping...

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Recent months have brought important developments on two points: peacekeeping operations and the fight against impunity.

France welcomes the content of our presidential statement, which indicates th...

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France welcomes the content of our presidential statement, which indicates the progress made by international justice and application of the Rome Statute, as confirmed at the Kampala Conference. We welcome the intervention of the International Criminal Court (ICC) in Guinea, where it is contributing to efforts to prevent crime at this historic time for Guineans.

As for the fight against impunity, France welcomes the publication of the map...

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As for the fight against impunity, France welcomes the publication of the mapping report of the Secretary-General on crimes committed in the Democratic Republic of the Congo from 1993 to 2003. We commend the resolve of the authorities of the Democratic Republic of the Congo to prosecute the perpetrators of the abuses committed at that time and of those committed today.

Despite all the efforts exerted by the United Nations, including the Security...

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Despite all the efforts exerted by the United Nations, including the Security Council, civilians around the world are still suffering in massive numbers. The measures adopted so far have proved to fall short of addressing the wider implications of attacks against civilians, their impact on international peace and security and their humanitarian impacts.

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