Security Council Open Debate on the Rule of Law: Challenges and Solutions

5 Feb

On Wednesday, 30 January, a brief “Open Debate on the Rule of Law” was held in the Security Council. There was not an extensive conversation by Council members or non-members of the Security Council. The meeting was called to order by the Pakistani Ambassador who currently holds the presidency this month, while UN Deputy Secretary-General, Jan Eliasson, was invited to present a statement on the rule of law.

Rule of law is essentially meant to decrease conflict as well as decrease the probability of relapse into further conflict thereby directly contributing to both conflict resolution and recidivism prevention.

As a general theme, Mr. Eliasson reinforced the importance of promoting rule of law in international peace and security, as well as in conflict and post-conflict situations. By promoting and implementing international norms and standards, exemplary in 18 of the 23 current peacekeeping missions adopting provisions for the rule of law in their mandates, Mr. Eliasson reiterated the UN’s commitment to the advancing of the rule of law as formal international law.

The statement from the Deputy Secretary-General highlighted the Security Council’s approach, which compliments the mandates of the UNDP, UNHCR, and individual governments, in increasing the legitimacy of the rule of law.

Challenges

The Security Council recognizes the challenges of broad acceptance and implementation of the rule of law within peacekeeping operations, as well as the difficulties in measuring, collecting and analyzing data in areas of intervention. Better collection of baseline data also proves to be a challenge, especially in an environment where impact and change is difficult to measure, and where impact tends to be uneven. It can also be difficult to identify which factors can be credited in situations of success.

The UN Security Council believes that enhancing field leadership can be used to carry out, and measure programs in respective areas, through continued systematic collection and analyzing of data.

Solutions Identified by the Security Council

• Coordinate support to the field through UNDP and UNHCR area programs.
• Evaluate the impact of work already done and create baseline data to measure progress.
• Recognize and place more importance on national ownership.
• Increase data collection in conflict and post-conflict states to strengthen the rule of law.
• Increase planning and prioritize in order to mitigate future risks.

Examples of Progress Made Using Data Collected

• Thus far, UNDP has been working in Haiti, Liberia and South Sudan to incorporate rule of law indicators such as, law enforcement and transformation measures.
• In Malawi, UNDP supported a baseline study, which has been used to shape the Government’s Democratic Governance Reform Strategy.
• In Bosnia and Herzegovina, data collected through public surveys have been used to develop National Transitional Justice Strategies.
• UNDP is expected to publish a “Users Guide to Measuring Rule of Law, Justice and Security Programs,” next year.
• The Department of Peacekeeping Operations and the UNHCR has developed the UN Rule of Law Indicators Project, which allows governments to gather information on law enforcement, the prison system and to measure and track changes over time.

Examples of Progress Made Through the United Nations, Individual Country and NGO Collaboration

• In Côte d’Ivoire, the Ministry of Justice, in conjunction with the UN peacekeeping mission, has reopened 17 courts and 22 prisons.
• The UN stabilization mission in Haiti has opened 18 legal aid offices.
• The Serbian government, in conjunction with local NGOs, has provided 20, 000 Roma with official documents to prevent them from becoming stateless. Furthermore, 250 individuals have been indicted by the International Criminal Tribunal for war crimes, crimes against humanity and genocide, and more than 120 individuals have been convicted.

Overall, the United Nations Security Council has taken a holistic approach to development, justice and security by including rule of law in conflict and post-conflict situations, and by developing tools and systems to help states advance in this area. Continued collection of data will support national policymaking efforts as well as increase country responsibility, ownership and accountability. Current field initiatives are helping to deliver justice, and keep countries on track to building and achieving stability.

—Shari Smith

Shari is a new intern with Global Action for the spring semester.

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