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.<\/p>\n
In a rule-of-law environment, all persons and institutions are accountable to the law. The state itself is subject to public, enforceable laws adjudicated by independent entities. Good governance of the security sector is thus an essential pillar of the rule of law.<\/p>\n
There are deep connections between strengthening the rule of law and SSR. Implementing institutional reforms is a complex and political change-management process. Many functions and institutions that administer justice will need capacity-building. Examples include ministries, police, prosecuting authorities, public defenders\u2019 offices, courts and prisons.<\/p>\n
The mission, working with the host government, can help re-establish the rule of law. But this depends on how well it understands the actors involved. These include security providers, as well as police and judicial services. Then there are actors managing these services or holding service providers to account. Non-state service providers must also be accountable.<\/p>\n
While local ownership is fundamental, the mission may need to maintain a certain level of intrusiveness. This helps combat corruption and strengthens institutional integrity and accountability.<\/p>\n
The mission can influence the speed and strength of a return to the rule of law. It should coordinate with the host government in doing so. This enables the state to extend its authority and legitimacy. It also allows the state to apply fair laws with consistency.<\/p>\n
The MLT thus plays a crucial role in creating approaches to strengthening the rule of law. It should consult with all parties to the peace process as well as with civil society. Its strategies should be needs-based and long term. It should also encourage donors to remain engaged and stay the course. The role of the MLT in strengthening the rule of law is likely to include:<\/p>\n
The MLT may wish to consider the following in determining priorities:<\/p>\n