A sound and well-respected judicial sector linked to the police and corrections departments is a vital element in a country’s transition to sustainable peace. A strengthened justice sector will support reform of the police and corrections services. Thus, a national comprehensive security strategy recognizing the linkages between justice and security is necessary. Furthermore, foreign direct investment for development and commercial growth will prefer to operate in jurisdictions where the predictability and the integrity of the justice system are not in doubt.

While the focus may be on criminal justice, issues of civil justice (e.g. family and inheritance law, land reform and commercial law, as well as constitutional and administrative law) can be critical structural factors in reducing the incidence of crime and disorder. If civil disputes are not addressed, they can escalate into unrest or even violent conflict. If, however, citizens trust that the judicial system will not try and punish them arbitrarily, but will instead apply justice evenly and fairly, this also engenders trust in the host government and the entire justice system.

The international community should assess whether, with its comprehensive support, national counterparts would be willing and able to confront systemic threats to the judicial sector and thus to the rule of law. A mismatch between the degree of threat to judicial reform and the rule of law, and the authority and resources afforded the mission, is a prescription for failure. For example, it is not unusual for police reform to outpace judicial reform. This is unwise and negatively impacts all reforms.

The MLT is only one actor among those supporting judicial reform. The mission’s role as championing and supporting the national coordination of an overarching process will help add legitimacy and credibility to both the mission and the host government. Other international actors will remain engaged in judicial sector reform long after the peacekeeping mission has ended. The MLT may therefore find it useful to engage with them early on, in order to support and help coordinate all efforts. A strengthened judicial sector is a critical part of peacebuilding.

Based on the needs assessment and mapping, the MLT team will be aware of the many activities required to support judicial reform. As capacity building takes time, there may be pressure for rapid justice to meet public expectations. The MLT will have to consider which activities will avoid destabilizing the peace process while, at the same time, providing evidence of reform. The MLT will also need to strike a balance between initiating a judicial reform process that responds to the needs assessment and the host government’s capacity to absorb the reforms.

In meeting the requirement for rapid justice, the MLT may need to consider whether this requirement can be met using interim justice mechanisms or by supporting customary law, both of which can be extremely sensitive.

The expectations of the host country and the international community are likely to create tensions that the MLT will have to manage to avoid losing the support of either the host government or donors, whose long-term engagement is critical. Quick wins that demonstrate change might result in increased patience or tolerance that will provide the leverage needed to create sustainable judicial reform. The unintended consequence may be a quick win that does not meet the requirements for sustainable judicial reform in the longer term.

5.3.1 Operational activities

The key operational activities of the mission in support of this output include:

• Conducting needs assessments and mapping existing judicial mechanisms, including traditional, customary and/or non-state mechanisms.
• Promoting judicial and prosecutorial independence, professionalism, accountability and transparency through improved management and oversight.
• Promoting effective enforcement of laws and equitable access to justice, including support for independent public defenders’ offices for the most excluded members of society.
• Raising public awareness through information campaigns, ensuring that civil society perspectives are included, especially with regard to women and minorities.

5.3.3 Responsibilities and coordination

The host government retains the lead role in ensuring that a strengthened judicial sector enforces the legal codes developed by the legislative body. Within the mission, the MLT is responsible for balancing local ownership of the judicial sector against the goals of the mission. In most instances, the MLT can support the strengthening of a judicial sector by providing political leadership and facilitating the coordination of long-term donor support. By championing and coordinating, the MLT can help create a political environment in which judicial reform can prevail over time.

A major factor in supporting the creation of legitimacy and credibility in the judicial sector is mitigating the risks inherent in the timeframe for achieving the mandated tasks related to judicial reform, while not jeopardizing the local ownership of and public support for judicial reform. Linking with women’s and minority groups that advocate on behalf of equitable access to justice and overall judicial reform will also be a critical area for coordination.

5.3.4 Resources

Sufficient resources and expertise should be allocated to support the strengthening of the judicial sector. Key national experts with knowledge, skills and abilities, and international expertise in the relationship between culture, context, law and balancing what is possible in the given circumstance will be important for mentoring and supporting judicial reform. Personnel will be needed within the mission with experience and expertise in political, legal and human rights mentoring and advice. The long-term nature of judicial reform requires sustained donor assistance.