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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SSR

Extract: 

One of the most disturbing aspects of this phenomenon is the fact that many cases go unreported. The reasons for that are clear — the fear of stigma, the fear of reprisals and a lack of avenues for redress prevent many from reporting what has been done to them or to their loved ones. We must help the victims break the wall of silence and make sure that they have legal recourse.

SSR

Extract: 

Finally, let us recognize that there cannot be peace without justice. Demanding accountability from all parties to a conflict, together with the fight against impunity, remains our prime responsibility.

SSR

Extract: 

One of the critical gaps in addressing sexual violence in conflict and in post-conflict situations is the lack of capacity of peace enforcement officers.

SSR

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If the ban on providing arms and financial support to extremist and terrorist groups were fully respected under international law, there would be a decrease in both the operational capacity of non-State actors and terrorists and in the incidences of sexual violence in situations of armed conflict. We firmly believe that accountability is also key to preventing such crimes. We cannot give way to impunity in crimes of this kind.

SSR

Extract: 

My country has emerged from almost a decade of crisis. Unfortunately, during that time there were reported cases of sexual violence, mostly individual and collective rape. Those cases are indeed touched upon in the report in question. However, the Government of Côte d’Ivoire, in its determination to tackle this phenomenon, has, in addition to existing legal mechanisms, implemented a national strategy to combat gender-based violence.

SSR

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Portugal adopted its first national action plan in 2009. A second one, currently in force, was adopted in 2014.

Justice

Extract: 

That brings me to my second point: ending impunity. Reporting of cases is complicated and can carry high social costs. Shame, stigma and strong cultural norms can dissuade women and men from reporting crimes. The Council therefore needs to act. The listing of the individuals and groups that commit such acts of violence is one of the means to address these violations, and the Council has a responsibility there.

Justice

Extract: 

Every Government has a responsibility to adopt protective measures, develop investigation mechanisms and put in place policies that protect its people from sexual violence, whether perpetrated by the Government’s own forces or by terrorists, in times of conflict or peace. When States fail to comply, the International Criminal Court, whose jurisdiction is universal, can and must fulfil its role in ensuring accountability.

Justice

Extract: 

Tunisia, in 2013, through the adoption of the Organic Law on Establishing and Organizing Transitional Justice, has made uncovering the truth and putting an end to impunity one of its main objectives in order to evoke, recognize and condemn all forms of violence and attacks against the most vulnerable populations.

Justice

Extract: 

Secondly, we need to end the culture of impunity. We often witness a lack of willingness and capacity of individual countries to hold perpetrators accountable. In this regard, I would like to commend the Team of Experts on the Rule of Law and Sexual Violence in Conflict for its efforts to strengthen institutional safeguards against impunity at the national level.

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