Rule of law in post conflict and fragile settings
Mr. Laurent Ngon Baba; Ms. Michelle Eveillard; Deputy Secretary-General Ms. Asha-Rose Migiro; Dr. Ali Kashan; Professor Emmanuel Luzolo Bambi Lessa
On 8 June 2010 the Rule of Law Unit in the Executive Office of the Secretary-General, with the support of the United Nations Development Programme, hosted a panel discussion on “Rule of law in post-conflict and fragile settings,” at the United Nations Secretariat in New York .
The panellists included Ms. Michelle Eveillard, Chief of Cabinet of the Minister of Justice and Public Security of Haiti; Dr. Ali Kashan, Minister of Justice of the Palestinian Authority; Professor Emmanuel Luzolo Bambi Lessa, Minister of Justice and Human Rights of the Democratic Republic of the Congo (DRC); and Mr. Laurent Ngon Baba, Minister of Justice and Attorney General of the Central African Republic. The discussion was chaired by Mr. Jan Grauls, Ambassador and Permanent Representative of Belgium to the United Nations. Ms. Asha-Rose Migiro, Deputy Secretary-General and Chair of the Rule of Law Coordination and Resource Group, gave closing remarks. The discussion was attended by over a 100 participants from Member States, the United Nations, NGOs and academia.
The four panellists shared their experiences in promoting the rule of law in their respective national contexts. Ms. Michelle Eveillard explained how the earthquake in Haiti had affected the overall provision of law and order throughout the country. After great loss of human lives and the destruction of infrastructure, the security of the population and restoration of the rule of law was made a priority by the government and the Ministry of Justice. Ms. Eveillard emphasised that while the need for assistance is huge, donor coordination is crucial. She concluded by highlighting that national ownership is key to the success of efforts to strengthen the rule of law.
Dr. Ali Kashan shared his experience with four initiatives he has undertaken in his capacity as Minister for Justice of the Palestinian Authority: (1) “justice for all,” a training program for lawyers and judges, with heavy emphasis on the recruitment and training of female attorneys; (2) “justice everywhere,” an initiative to make justice more accessible to the people through the establishment of so-called “justice palaces”; (3) “justice and security,” an initiative to rebuild infrastructure; and (4) “enhancing the role of women,” a combined effort to increase the number of women in the legal profession, and to protect the rights of women by criminalizing acts such as crimes of honour.
Emmanuel Luzolo Bambi Lessa, the recently-appointed Minister of Justice and Human Rights of the DRC, stressed the commitment of the Ministry of Justice to make combating the culture of impunity for sexual violence a priority. He also pledged to reform the justice system by actively fighting corruption, including through a zero tolerance policy.
Laurent Ngon Baba, discussed the initiatives undertaken by the Ministry of Justice to strengthen human capital in the justice system and reforming the penal code. He also highlighted improvements to legal aid for vulnerable groups, including women and minors.
The common theme emerging from the presentations and the subsequent discussion was the centrality of rule of law for the maintenance of peace and security as well as development, and the importance of national ownership for the strengthening and sustainability of the rule of law. International assistance is critical but must be provided in close partnership with national stakeholders. Some common challenges articulated during the discussion were: overcoming national trauma relating to conflict; combating a culture of impunity; lack of infrastructure; weak coordination between national stakeholders and international donors; duplication and incoherence of rule of law initiatives by international donors; need for a stronger gender perspective and role for women in rule of law efforts; outdated legal texts and penal codes; and the importance of tailoring transitional mechanisms of justice to the specific national context.
The panel discussion on “Rule of law in post-conflict and fragile settings” was the fourth in a series of dialogues exploring the broad topic of rule of law at the international level. Previous panel discussions included an introduction to the issue of rule of law at the international level, a discussion on the United Nation’s approach to transitional justice and a reflection on strengthening the nexus between international obligations and enhancing national capacity to combat impunity. These informal forums discussing the overarching issue of the rule of law at the international level have taken place in response to a Secretary-General’s recommendation (A/63/226) to initiate a dialogue with Member States on rule of law at the international level and the General Assembly’s recent call for the continuation of this dialogue (A/RES/64/116).