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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Security Council Open Debate on Sexual Violence in Conflict, April 2018: Côte d’Ivoire (Extract 2)

Extract: 

In order to fight against this scourge, a national committee to combat conflict-related sexual violence was set up by decree. The committee seeks to strengthen the legislative framework by establishing a specific provision for the repression of rape.

Security Council Open Debate on Sexual Violence in Conflict, April 2018: Poland (Extract 3)

Extract: 

The great reluctance of many men and boys to report sexual violence makes it very difficult to accurately assess its scope. Almost certainly, the limited statistics that exist vastly understate the number of male victims. For male survivors, sexual violence remains hidden owing to cultural taboos. The hesitancy of male survivors to speak about sexual violence makes impunity for such crimes even more likely.

Security Council Open Debate on Sexual Violence in Conflict, April 2018: Bolivia (Extract 1)

Extract: 

It is imperative that the Security Council be resolute in the implementation of its resolutions on combating sexual violence in conflict by promoting accountability and implementing the zero-tolerance policy

Security Council Resolution 2414 (Operative Clause 19)

Security Council Agenda Geographical Topic: 
Western Sahara
PeaceWomen Consolidated Themes: 
Sexual and Gender-Based Violence
Justice, Rule of Law and Security Sector Reform
Extract: 

Requests the Secretary-General to continue to take the necessary measures to ensure full compliance in MINURSO with the United Nations zero-tolerance policy on sexual exploitation and abuse and to keep the Council informed, and urges troopcontributing countries to take appropriate preventive action including predeployment awareness training, and other action to ensure full accountability in cases of such conduct involving their personnel

Security Council Resolution 2410 (Operative Clause 19)

Security Council Agenda Geographical Topic: 
Haiti
PeaceWomen Consolidated Themes: 
Sexual and Gender-Based Violence
Justice, Rule of Law and Security Sector Reform
Extract: 

Recalls its resolution 2272 (2016), and all other relevant United Nations resolutions, requests the Secretary-General to take the necessary steps to ensure full compliance of all MINUJUSTH personnel with the United Nations zero-tolerance policy on sexual exploitation and abuse, and to continue to keep the Council informed, and urges police-contributing countries to redouble their efforts to prevent cases of misconduct and to ensure that acts involving their personnel are properly investigated in a credible and transparent manner and that those responsible are held accountable

Security Council Resolution 2410 (Preamble)

Security Council Agenda Geographical Topic: 
Haiti
PeaceWomen Consolidated Themes: 
Participation
Sexual and Gender-Based Violence
Human Rights
Justice, Rule of Law and Security Sector Reform
Extract: 

Recognizing that strengthening national human rights institutions, including respecting the right to a fair trial, promoting access to justice, fighting corruption and impunity, combating criminality, sexual and gender-based violence, and ensuring accountability, as well as respect for human rights, including of women and children, are all essential to promoting the rule of law and security in Haiti

Security Council Resolution 2410

2410.pdf

Security Council Open Debate on Sexual Violence in Conflict, April 2018: France (Extract 3)

Extract: 

Every effort must be made to ensure that the perpetrators of sexual violence are tried by competent national courts and, failing that, by international criminal courts, including the International Criminal Court. When judicial proceedings are impossible in the short term, we must ensure that mechanisms are in place to document crimes and enable proceedings at a later stage.

Security Council Open Debate on Sexual Violence in Conflict, April 2018: Kuwait (Extract 1)

Extract: 

Based on resolutions 2231 (2015) and 2253 (2015), and taking into the account the Council’s acknowledgement that sexual violence in conflict is a war tactic and a tool used by some terrorist and extremist groups, such violence also constitutes an element of the political economy of terrorism that is used in recruitment and financing. The Security Council should hold accountable all perpetrators of such crimes and end their impunity.

Security Council Open Debate on Sexual Violence in Conflict, April 2018: Ethiopia (Extract 3)

Extract: 

In post-conflict situations, the Council could further strengthen its peacebuilding efforts aimed at rebuilding national capacity and institutions, particularly the capacity of security and judiciary services to prevent and punish conflict-related sexual violence and addressing its root causes. That will enable the Council to fight impunity and bring perpetrators to justice, as well as to ensure the non-occurrence of such grave crimes.

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