GSDRC newsfeed on Safety security and access to justice

The Political Economy of Corruption in Bosnia and Herzegovina

B. Divjak and M. Pugh — Tue, 01 Jan 2008 00:00:00 GMT

Governance structures instituted in Bosnia and Herzegovina (BiH) by the Dayton Peace Accord and the United Nations Office of the High Representative (OHR) have facilitated widespread corruption. This paper analyses structural and cultural factors which affect the relationship between corruption and the constitutional arrangements based on the Accords. Incentives such as social protection and income generation are needed to redress local level clientelism and ethno-national loyalties and replace social contracts forged by political elites.

The Transition to a Just Order - Establishing Local Ownership after Conflict: A Practitioners' Guide

A. S. Hansen, S. Wiharta, B. R. Claussen, S. Kjeksrud, Folke Bernadotte Academy — Mon, 01 Jan 2007 00:00:00 GMT

How should local ownership be promoted as part of justice and security sector reform? This handbook, by the Folke Bernadotte Academy, suggests ways of putting the principle of local ownership into practice. Transferring the responsibility for rule of law to local stakeholders is complicated but essential. It is important to build the capacity of local people to drive change and sustain efforts to strengthen the rule of law.

The Transition to a Just Order - Establishing Local Ownership after Conflict: A Policy Report

Annika S. Hansen, Sharon Wiharta, Folke Bernadotte Academy — Mon, 01 Jan 2007 00:00:00 GMT

The rule of law must be addressed as part of any effort to prevent, manage or resolve conflict. This report, by the Folke Bernadotte Academy, argues that local stakeholders should be given as much authority as possible in establishing the rule of law. Although the shape and pace of reform will vary in different areas of the justice and security sector, popular and political acceptance is indispensable to all stages of the transition in order for it to be consolidated.

The Challenges of Restoring Governance in Crisis and Post-Conflict Countries

Dennis A. Rondinelli — Mon, 01 Jan 2007 00:00:00 GMT

International assistance organisations are crucial to helping governments increase their capacity to perform essential functions during post-conflict recovery. This book, from the United Nations Department of Economic and Social Affairs (UNDESA) and the United Nations Development Programme (UNDP), examines the challenges of restoring effective governance in crisis and post-conflict countries. Because the challenges facing these countries are complex and varied, governments and international organisations cannot rely on universally applicable approaches to restoring governance.

Amnesty on Trial: Impunity, Accountability and the Norms of International Law

M Pensky — Tue, 01 Jan 2008 00:00:00 GMT

International criminal law is at a crossroads; how can it reconcile its desire to punish crimes against humanity with the use of domestic amnesties for achieving peace? This article from Ethics and Politics argues that the International Criminal Court's attitude towards domestic legal amnesties for international crimes will determine the extent to which international law embraces its role in embodying the ideals of democratic accountability and human rights. If international law does not distinguish itself by broadening its definition of justice beyond mere retribution and punishment, it risks losing the relevance and prominence it has fought so hard to achieve.

Addressing Gender-Based Violence: A Critical Review of Interventions

A. Morrison, M. Ellsberg, S. Bott — Mon, 01 Jan 2007 00:00:00 GMT

How can gender-based violence be reduced? How can access to justice and support for survivors be increased? This article from The World Bank Research Observer surveys knowledge of and responses to gender-based violence worldwide and highlights emerging good practices. Multiple interventions at different levels (individual, community, institutional, legal, and policy) appear to be necessary.

Legal and Judicial Rule of Law Work in Multi-Dimensional Peacekeeping Operations: Lessons Learned Study

Scott N Carlson — Sun, 01 Jan 2006 00:00:00 GMT

How can programmes for strengthening the rule of law be incorporated into post-conflict peacekeeping operations? This study by the United Nations Department of Peacekeeping Operations reviews recent experience with judicial and legal programming in UN peacekeeping operations. A balanced and holistic approach to rule of law reform, which also focuses on strengthening the judicial and legal system, is needed. Achieving a coherent 'one UN approach' to rule of law peacekeeping efforts is a priority.

Trials and Errors: Principle and Pragmatism in Strategies of International Justice

J Snyder, L Vinjamuri — Wed, 01 Jan 2003 00:00:00 GMT

How effective in preventing human rights abuses are tribunals for the perpetrators of atrocities? This article from International Security reviews recent post-conflict experiences and finds little evidence that trials successfully deter future violence. Prosecution according to universal standards risks causing more atrocities than it would prevent, because it pays insufficient attention to political realities. More pragmatic approaches based on political negotiation, selective amnesties and long-term institutional strengthening have a better chance of reducing tension and consolidating peaceful democracies.

Democratic Constitution Making

V Hart — Wed, 01 Jan 2003 00:00:00 GMT

In this era of democratisation, constitution making plays a key role in determining the legitimacy and acceptability of new nations, particularly those emerging from conflict. This report from the United States Institute of Peace examines recent experiences of constitution making, emphasising the emerging international consensus around the need for participatory processes. Participatory constitution making can provide a forum for reconciling divisions, negotiating conflict and redressing grievances. Process has joined outcome as a necessary criterion for legitimating new constitutions.

The Theocratic Challenge to Constitution Drafting in Post-Conflict States

Ran Hirschl — Tue, 01 Jan 2008 00:00:00 GMT

The influence of theocratic principles is rising around the world. This article from the William and Mary Law Review by Ran Hirschl, Professor of Law and Political Science at the University of Toronto, assesses the challenges this trend creates in post-conflict political and legal development. It identifies a new form of governance, 'constitutional theocracy', that has emerged from these tensions. Constitutional courts can play a key role in preserving the secular nature of polities against growing support for theocratic governance. In spite of some institutional progress, however, further study on religion in post-conflict constitutionalism is needed to address the growing theocratic challenge.

Changing Customary Land Rights and Gender Relations in the Context of HIV/AIDS in Africa

Marcela Villarreal — Sun, 01 Jan 2006 00:00:00 GMT

What gender inequalities are resulting from prime-age adult death in countries affected by HIV/AIDS in Africa? This paper, from an international colloquium, argues that women's access to land is becoming increasingly tenuous as traditional rules and institutions break down in the face of the epidemic. This in turn heightens the risk of women contracting HIV/AIDS and perpetuating the disease. Although evidence on the conjunction of HIV/AIDS, gender and 'property grabbing' is relatively scarce, the continued viability of some societies may be at stake.

The Relationship Between Law and Development: Optimists versus Skeptics

K. E. Davis, M. J. Trebilcock — Tue, 01 Jan 2008 00:00:00 GMT

Is legal reform always an appropriate tool for promoting development in the global South? This article from the American Journal of Comparative Law argues that donors should adopt a cautious approach to investing in legal reform without further empirical study. While there are grounds for guarded optimism about the impact of legal reform, numerous fundamental issues remain unresolved and open to debate. Empirical studies have produced consensus about the importance of institutions overall, but much less so about legal institutions in particular.

Demonstrating Legislative Leadership: The Introduction of Rwanda's Gender-Based Violence Bill

E. Pearson — Tue, 01 Jan 2008 00:00:00 GMT

What can be learnt from the work of Rwanda's female parliamentarians? This report by the Initiative for Inclusive Security reviews the literature concerning women's participation in politics. It considers the issue of gender-based violence in Rwanda and the role of women in Rwanda's government. Factors behind the successful development of the gender-based violence (GBV) law included soliciting input from constituents and maintaining close relationships with civil society. Women parliamentarians' participatory model of leadership and lawmaking has contributed significantly to improving governance in Rwanda.

Conducting an Assessment: Combating Serious Crimes in Post-Conflict Societies

Colette Rausch — Sun, 01 Jan 2006 00:00:00 GMT

What should be covered by an assessment of serious crime in a country emerging from conflict? How should such an assessment be conducted? This chapter from a handbook by the United States Institute of Peace provides comprehensive guidelines. The assessment should include political, economic and social factors plus capacity and challenges both within and outside of the criminal justice sector. Assessors should gauge a country's political will to address serious crime and to work with international bodies in doing so.

Rule-of-Law Tools for Post-Conflict States: Reparations Programmes

Office of the United Nations High Commissioner for Human Rights — Tue, 01 Jan 2008 00:00:00 GMT

How can effective reparations programmes be conducted? What role should the international community play? This publication, by the Office of the United Nations High Commissioner for Human Rights (OHCHR), offers a practical guide for reparations programmes. It is important to clarify legal obligations and the moral reasons for reparations, to address the political concerns and to be aware of cultural issues. International actors should rethink their reluctance to provide financial support to reparations efforts.

Courting Conflict? Justice, Peace and the ICC in Africa

N Waddell and P Clark (eds) — Tue, 01 Jan 2008 00:00:00 GMT

Is the International Criminal Court (ICC) pursuing too aggressive and disruptive an agenda in Africa, without proper priorities? This series of papers, published by the Royal African Society, suggests that the ICC has made a promising beginning in many respects, but that its work in Africa highlights some significant weakness. According to one charge, the ICC's pursuit of justice jeopardises fragile peace deals, risking the prolongation of conflict. Much depends on the Court�s capacity to absorb early lessons and to demonstrate a clear role � both in its own right and in relation to other judicial and non-judicial initiatives.

Non-state Institutions as a Basis of State Reconstruction: The Case of Justice Systems in Africa

Leah Wambura Kimathi — Sat, 01 Jan 2005 00:00:00 GMT

How can non-state justice institutions further the process of state reconstruction in Africa? This paper from the Catholic University of Eastern Africa discusses the way in which the state can be made more responsive by incorporating non-state institutions in formal state structures. It argues for a synergy of formal and informal justice systems to enhance the advantages and minimise the disadvantages of each. Measures to improve non-formal justice should be pursued alongside efforts to decentralise and streamline formal justice structures.

Institutional Reforms: Combating Serious Crimes in Post-Conflict Societies

Colette Rausch — Sun, 01 Jan 2006 00:00:00 GMT

How can institutional reforms aid effective investigation and prosecution in post-conflict societies? This chapter forms part of a handbook on serious crime in post-conflict societies from the United States Institute of Peace. It presents examples of institutional reform mechanisms, drawing from a dozen recent international interventions and covering the police, the judiciary, prosecutor services, criminal defence, and prisons. Institutional reforms to the criminal justice system in post-conflict societies are crucial in developing a fair and effective system of justice that is transparent, accountable and efficient.

Disadvantaged Groups: Programming for Justice

United Nations Development Programme — Sat, 01 Jan 2005 00:00:00 GMT

How can access to justice for disadvantaged groups be improved? This section of a United Nations Development Programme publication explains how capacity development strategies can use a rights-based approach to specifically address the problems of disadvantaged groups and to work with them to create solutions. A holistic range of support should be provided since legal advice is often not the most pressing need of disadvantaged groups. Civil society can play an important role.

Village Justice in Indonesia: Case Studies on Access to Justice, Village Democracy and Governance

Andrea Woodhouse — Thu, 01 Jan 2004 00:00:00 GMT

How do poor communities in Indonesia defend their rights and interests and access justice? This study from World Bank Social Development Unit examines success factors in 18 case studies. It recommends a two-track strategy: (i) structural reforms by the government to address the endemic institutional weaknesses of the legal system and to enhance informal dispute resolution; and (ii) case-driven donor legal empowerment interventions that focus on building demand, providing facilitation, and creating small, visible examples of success.