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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Thirdly, the politics of impunity should be terminated through the investigat...

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Thirdly, the politics of impunity should be terminated through the investigation and prosecution of perpetrators of sexual violence. We cannot eradicate conflict-related sexual violence completely without bringing those responsible to justice. We note the contributions of the Team of Experts-Rule of Law/Sexual Violence in Conflict in building national capacity and expanding expertise in addressing impunity.

First, we must strengthen the prevention of conflict-related sexual violence,...

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First, we must strengthen the prevention of conflict-related sexual violence, establishing legal frameworks, promoting improved governance and the rule of law and raising public awareness; those are just some examples of the concrete actions we need to take.

Secondly, we should pay increased attention to the protection of women facing...

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Secondly, we should pay increased attention to the protection of women facing rape, sexual slavery and other forms sexual violence in conflict. Building the capacity of national institutions and promoting relevant legislation and resource allocation are prerequisites for providing sustainable assistance to victims and survivors.

The grave violations of women's human rights through mass rape and other sexu...

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The grave violations of women's human rights through mass rape and other sexual violence require the immediate attention of such organizations as the International Criminal Court and other relevant tribunals

Perpetrators, including commanders who commission or condone the use of sexua...

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Perpetrators, including commanders who commission or condone the use of sexual violence, should be held accountable.

Furthermore, international and national courts should have adequate resources...

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Furthermore, international and national courts should have adequate resources, access to gender expertise, gender training for all staff, and gender-sensitive programmes in order to more effectively prosecute those responsible for such crimes.

Thirdly, more human and financial resources should be invested in security se...

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Thirdly, more human and financial resources should be invested in security sector reform and disarmament demobilization and reintegration efforts to erect barriers against sexual violence. In post-conflict situations, too, close attention should be given to punitive and retributive justice.

Secondly, ending impunity should continue to remain the highest priority. Per...

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Secondly, ending impunity should continue to remain the highest priority. Perpetrators should be brought to justice and they should be removed from their positions of authority. We strongly endorse the appeal Special Representative Bangura made today to shift the stigma from the victims to the perpetrators of sexual crimes.

Effective accountability is vital to hold perpetrators to account, to ensure ...

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Effective accountability is vital to hold perpetrators to account, to ensure recognition for victims and to deter future crimes. We acknowledge the important work done by international tribunals and the International Criminal Court in strengthening international law on sexual violence.

At the national level, effective accountability requires strong domestic laws...

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At the national level, effective accountability requires strong domestic laws, institutions and practical mechanisms that actually enable access to justice. We applaud the engagement so far of United Nations actors, in particular the Team of Experts on the Rule of Law and Sexual Violence in Conflict, to support national authorities to achieve accountability. New Zealand encourages the continuation and deepening of that support.

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