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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Justice

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I would also like to underscore the establishment of the Truth Commission and the Special Jurisdiction for Peace, which define crimes of sexual violence committed in the framework of the armed conflict as crimes that do not qualify for amnesty. We must know the truth about all these events, sentence those who committed them and provide reparations for victims.

Justice

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Secondly, the burden of stigma must be shifted from the victims to perpetrators. Adequate protection, compensation and legal and psychosocial support for victims must be ensured, while investing in the capacities of national judicial, law enforcement and correction systems to provide such support in a timely manner.

Justice

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But the fight against impunity has been a triggering factor in our progress.

Justice

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There is an urgent need to hold perpetrators accountable and to provide victims and survivors with basic services, such as health care, psychological support, financial aid, legal assistance and socioeconomic reintegration services.

Justice

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Thirdly, with regard to the emphasis on prevention, we welcome the focus placed by the Secretary General’s report on the link between accountability and prevention. Ireland calls for the United Nations, and in particular its Member States, to support sensitized and expert means to pursue accountability for sexual violence in conflict — for example through the work undertaken by Justice Rapid Response and the Team of Experts.

Justice

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Ensuring that justice is served is essential if victims are to have some level of spiritual and material compensation. That is why the international community must combat impunity. Furthermore, the non-applicability of statutes of limitations for these crimes is a fundamental tool for ensuring just compensation.

Justice

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However, in order to bring perpetrators to justice, it is crucial that the victims of conflict-related sexual violence report such cases and not be held back by fear, shame or stigma. That once more serves to emphasize the importance of awareness-raising and changing social norms and mindsets.

Justice

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That complex and more serious issue must be tackled in a comprehensive way. There must be justice and accountability for such horrendous crimes, underpinned by efficient investigation, documentation and reporting mechanisms to prevent impunity and future violence and to break the conflict cycle. In that regard, we highly appreciate the work of the United Nations Team of Experts on the Rule of Law and Sexual Violence in Conflict.

Justice

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We underline that a climate of impunity discourages reporting, undermines assistance and abets further violations. Addressing sexual violence in conflict must be seen as a means of conflict prevention. We therefore call for accountability for crimes of sexual violence in armed conflict, including those amounting to war crimes, crimes against humanity or genocide.

Justice

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We support the Secretary-General’s call on traditional, religious and community leaders to address harmful social norms and contribute to redirecting the stigma of rape from victims to perpetrators, who must be held accountable for their crimes. Accountability is a powerful deterrent, as well as a moral duty to those afflicted.

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