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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The critical challenge for the international community now is to convert political will into practical action and drive real change on the ground. The effectiveness of our collective action will depend on an inclusive, broad-based and comprehensive approach. The top priority should be to combat impunity for these crimes. We must redirect the stigma and the consequences of sexual violence from the survivors to the perpetrators of such acts.

Justice

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We have adopted a framework for transitional justice for ensuring that gender is a variable that those processes take into account. Efforts to fight sexual violence in conflict should also include measures to ensure adequate information, fact-finding, analysis and data collection through proper documentation, as well as the rapid and effective investigation of such crimes.

Justice

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Accountability is a key ingredient in our joint efforts to eradicate conflict-related sexual violence.

Justice

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The prosecution of perpetrators of sexual violence in their corresponding national jurisdictions, as in the case of Guinea, is also an encouraging sign.

Justice

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Secondly, in responding to sexual violence, the Security Council must seek to hold those responsible accountable for their actions and call on Member States to ensure that victims and survivors receive comprehensive care, as has been noted by other speakers. Unfortunately, we know that the overwhelming majority of victims and survivors may never receive justice.

Justice

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Fifthly, a gender perspective should be integrated throughout counter-terrorism work in line with Security Council resolution 2242 (2015). Sexual violence, whether it is politically or religiously motivated, is totally unacceptable in any situation and is a crime.

Justice

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Thirdly, we believe that these crimes must be condemned because accountablility is fundamental to ensuring that they do not go unpunished. They must not remain unpunished.

Justice

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A robust legislative framework now exists, including a series of precise Security Council resolutions that give us new tools to drive change and progress. We are beginning to see some accountability at the international and national levels. There is a gradual shift from a reality in which it is cost free to rape a woman, child or man in conflict to one where there are consequences for anyone who commits, commands or condones such crimes.

Justice

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 Sexual and gender-based violence is not inevitable. Preventing and protecting against mass atrocities, including sexual violence, is a fundamental State responsibility. As Member States, it is indeed our responsibility to put in place the necessary normative and legal framework, as well as enforcement measures, to ensure zero tolerance for sexual violence in both times of peace and war.

Justice

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Perpetrators must be held accountable, but the capacity of States to do so, with the prevalence of weak structures and institutions, needs to be addressed. Beyond the law-enforcement approach, however, dealing with the political economy of conflicts in a more holistic manner is crucial to the finding of potential remedies to the situation of conflicts around the world.

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