A rule-of-law environment exists when all persons, institutions and entities (public and private), including the state, are held accountable to laws that are publicly promulgated, equally enforced and independently adjudicated, and which are consistent with international human rights norms and standards.^[1] The rule of law serves to uphold human rights and justice; good governance of the security sector is thus an essential pillar of the rule of law. In creating this environment, the supremacy of the law, equality before the law and accountability to the law should be demonstrated in a transparent manner, both legally and procedurally.

The mission, in close cooperation with the host government, has both a responsibility and the capacity to influence how quickly and firmly the state is able to recover and extend its authority, legitimacy and capacity to apply equitable laws in a fair manner. More specifically, the role of the MLT in strengthening the rule of law is likely to include:

• supporting political dialogue on rule of law (security and justice) needs, norms and standards;
• supporting national assessment of needs, gaps and capacity, in relation to international standards and good practice;
• supporting development of national strategies in relation to the security of the state and its people, with a focus on the effectiveness and accountability of security and justice; and
• facilitating international support.

This requires a comprehensive understanding of the actors involved in the rule of law, including those who provide security, policing and judicial services; those who manage those services; and those who hold service providers to account. The MLT therefore plays a crucial role in crafting a comprehensive and holistic approach to strengthening the rule of law. Where there is non-state service delivery of security and justice, regardless of who provides security or justice services, they should equally be held accountable to the law and formal governance structures. All actions should be carried out in close consultation with all parties to the peace process as well as with civil society. Strategies should be needs based and long term, and donors should be encouraged to remain engaged and stay the course. Capacity building on the rule of law should include the full spectrum of functions and institutions that administer justice, such as ministries, police and other law- enforcement agencies, prosecuting authorities, public defenders’ offices, courts, prisons, oversight bodies, law-reform agencies and legal-education institutions. SSR is inextricably linked to strengthening the rule of law. Implementing institutional reforms is a complex change-management process and is inherently political. Each function of the criminal justice system requires internal institutional capabilities that include human resources, budgeting, logistics, administration and training.

Recognition by the mission of the critical importance of local ownership at all levels of the system and all stages of the process will enable the provision of a functional and relevant rule-of-law environment. At times, however, this recognition needs to be balanced with a certain level of intrusiveness in order to help combat corruption and strengthen institutional integrity and accountability of the police and other law-enforcement agencies that would otherwise derail rule-of-law and SSR efforts.

Supporting the rule of law also depends on interactions with informal justice systems, non-state actors and the general population. In fact, non-state actors and informal institutions may offer many of the services that the state is unable or unwilling to provide. The MLT therefore needs to understand the culture, and cooperate with those systems which already exist and have credibility with the population. In order to create the conditions for success in strengthening the rule of law, prioritization of activities that yield medium- and long-term results is critical.

The MLT may wish to consider the following in determining priorities:

• Is the environment safe and secure?
• Who is providing justice and security?
• Does the country have the capability to absorb reform initiatives?
• Are there active spoilers who can destabilize the environment and how can they be managed?
• Is there a geographic area that can support the rule of law reform process without it being derailed by spoilers, and where a quick win may help build confidence in the reform?
• Is the host government stable enough to undertake reform, and is there ownership for the reforms or can it be stimulated?
• Is the rule of law responsive to the gendered perceptions of security, law and order, and other social, economic and administrative issues?
• Are the police and other law-enforcement agencies able to maintain law and order/public order within a framework of human rights?
• Are there some areas of justice and SSR that need to be addressed before reform in other areas can begin?

Ultimately, strengthening the rule of law is necessary for a sustainable peace and a smooth transition from peacekeeping to peacebuilding and, while a long-term process, should be part of mission planning from the outset.

Preconditions for success

• All significant parties to the conflict have signed a peace agreement and have shown commitment to its implementation.
• A comprehensive needs assessment and a peace and conflict analysis constitute the basis for configuring prioritized and sequenced support.
• A sufficient level of willingness on the part of the host state to carry out justice and security reform is displayed.
• Bilateral donors have agreed to support the strengthening of the rule of law with adequate resources in a harmonized and coordinated way.

Outputs

In summary, the seven operational outputs that contribute to a strengthened rule of law are:

1. Human Rights and Protection Promoted
2. Legal Framework Strengthened
3. Justice Sector Strengthened
4. Security Sector Strengthened
5. Police and other Law-enforcement Sectors Strengthened
6. Corrections System Strengthened
7. Defence Sector Professionalized