Conflict can destroy institutional infrastructures or simply weaken their effectiveness. A strong legal framework based on the rule of law and principles of human rights provides a mechanism by which a state frames its laws in response to the people’s will. This is the foundation of an effective rule-of-law environment. Legal frameworks that discriminate against certain segments of a population, and/or fail to pass laws that promote rights of all citizens, can also contribute to conflict. Legal frameworks should be internally consistent while adapted to cultural norms and ensure the equitable participation of women and minorities.
5.2.1 Operational activities
The key operational activities in support of this output include:
- Assessing needs and mapping existing legislative frameworks.
- Supporting legislative reform.
- Coordinating donor support.
- Raising public awareness using strategic communications campaigns.
- Engaging with civil society, including women’s and minority groups.
5.2.2 Benchmarks
Short-term
- Needs assessment and mapping of legislative frameworks completed.
- Donors and areas of engagement identified.
- Planning with host government on needs for legislative reform carried out, and obstacles to reforms identified.
Medium-term
- Plans for legislative reform initiated by host government, including the participation of minorities and women.
- Donor support prioritized.
- Popular support for reform observed.
Long-term
- Legislative reform implemented.
- Civil society support strengthened.
- Constitutional processes initiated.
5.2.3 Responsibilities and coordination
Within the mission, MLT members are responsible for promoting the rule of law with their respective national counterparts while balancing local ownership against the goals of the mission. The host government has ultimate responsibility for devising rule-of-law frameworks that respond to the local or national environment. Coordinating efforts will be difficult and the MLT will be required to manage tensions. Continued political engagement on the part of the MLT will also be needed to support legislative reforms.
5.2.4 Resources
Sufficient expertise and resources must be allocated to support the mandated tasks. The MLT should do its utmost to generate donor interest, as well as to encourage sustained support for this sector.
Long-term success also depends on continued political engagement, as well as continued donor support through the provision of the financial and material support required to sustain a successful reform process.
5.2.5 Challenges and risks
- International actors could seek to impose legal systems that are inappropriate to the local context, or local consent may be jeopardized by the pace and style of legislative reform.
- A lack of local capability to absorb legislative reforms might lead to a loss of legitimacy or credibility.
- Insufficient engagement and ownership by host-country stakeholders in designing and implementing monitoring and evaluation mechanisms could hamper effective benchmarking and long-term results.
- Tensions between the MLT and the host government might affect the implementation of plans or priorities for overarching legislative reform.
- Local laws, traditional justice as well as customary and religious systems, while having popular support, might clash with international human rights norms and standards.
- Corruption and political affiliations could distort the course of reforms.
5.2.6 Considerations
Timeframe required for legislative reform
The short-term need to meet budgetary cycles, as well as donor and local expectations of observable change, will have to be balanced against the realization that sustainable legislative reform is a long-term process. If the reform process is rushed and fails to factor in variables such as cultural norms, gender perspectives and citizen participation, the outcomes from the process will not be sustainable. If the reform represents a substantive shift from previous legislative frameworks, and the MLT is not sensitive to the time factor, spoilers may simply wait out the mission or begin to challenge its legitimacy and credibility. Finally, building the capacity of the existing legislative frameworks to adapt to or absorb change may require time.
Balancing international norms against local customs, religions and laws
In implementing legislative and judicial reforms, there may be a discord between international standards and local customary and religious systems and their formal legislation, for example regarding women’s access to voting, inheritance, land ownership, and so on. Precipitous or over-zealous encouragement of legislative reforms to conform to international norms may create negative tension between the MLT, the host government and elements of the population.
Balancing the need for representative legislative frameworks against elite structures of governance
Another trade-off may occur between the need for legislative frameworks to represent the whole of society, including minorities and women, and responding only to those who hold power. While support from those in power is imperative to drive the reform process forward, responding only to those in power is unlikely to ensure the desired outcome. There should be a balance between expediency and legislative reform that will reinforce the legitimacy and credibility of the process. Engagement with advocacy groups representing different sectors of the population, such as minorities and women, will have to be balanced against the interests of those in power.