Document Library

Key Text Rule-of-Law Tools for Post-Conflict States: Mapping the Justice Sector

Author: Office of the United Nations High Commissioner for Human Rights
Date: 2006
Size: 66 pages (1.3 MB)

Access full text: available online

Summary

Conflicts often arise from the failure of a state's legal system to protect rights and punish perpetrators of human rights violations. This publication from the Office of the United Nations High Commissioner for Human Rights (OHCHR) argues that mapping how the justice sector worked before and during conflict and how it should function if the rule of law is to take root should be a central feature of peacekeeping operations. Justice sector reform should receive immediate attention and significant resources from the very start of a peacekeeping operation.

The main elements of the work on transitional justice and rule-of-law reform in a post-conflict setting include: dealing simultaneously with key institutions like the judiciary, police and prison service, vetting personnel as a way to reform institutions while ensuring that past violators do not continue to wield power, and developing broad-based reform strategies for these institutions. Done properly, rule-of-law reform will take years and require significant funding, but much less than military operations. Without rooting respect for human rights and the capacity to prevent violations in local institutions, all the money and effort expended by peacekeeping operations will be wasted.

Law is at the core of a peacekeeping operation’s mandate and work. For most modern peacekeeping operations, monitoring the administration of justice is a priority. The methodology is also crucial. FIndings include that:

There is a close connection between monitoring and institution-building. While human rights monitors must investigate and verify whether the police, prisons and courts are operating properly, their primary aim is not to amass evidence against those responsible for any violations.
For effective reform of the justice system a peacekeeping operation needs understanding of the strengths and weaknesses of the courts, police, prosecution and prison service, the influence wielded by the minister of justice over the appointment of judges and the causes of corruption or the dysfunction of court administration.

Monitoring the administration of justice is also important as a way to test a government’s good faith.
An important tool for rule-of-law officers is to help national counterparts to consult each other and discuss what their own priorities and strategies should be.

Failure in justice sector reform can lead to renewed fighting. The United Nations, donors and the host government must agree on an overall rule-of-law strategy, specifying priorities, sequencing, benchmarks, indicators, evaluation mechanisms, responsibilities and deadlines. Further good practices are recommended:

The rule of law must be seen as a flexible concept. In many countries, property disputes, birth registrations, juvenile justice, citizenship/statelessness, corruption and demobilisation and disarmament of combatants will be a priority.
The intense, early and meaningful involvement of local experts is essential to success. Civil society should also participate in strategising.
Access-to-justice projects are important; the lower courts should be prioritised as it is here that people must see changes occurring quickly.
Honest and transparent public administration (vehicle registration, building permits, rubbish removal, public health inspectors) is central to the rule of law. More people have contact with public agencies than with the courts.

Access full text: available online

Source: OHCHR, 2006, 'Rule-of-Law Tools for Post-Conflict States: Mapping the Justice Sector', Office of the United Nations High Commissioner for Human Rights, New York
Author: Office of the United Nations High Commissioner for Human Rights (OHCHR), http://www.ohchr.org