Keynote address: International Conference on Whole of Government Approaches to Security System Reform
Kathleen Cravero,
Assistant Administrator UNDP and Director,
Bureau for Crisis Prevention and Recovery
10 April 2008,
The Hague
Ladies and gentlemen, dear friends,
On behalf of the United Nations Development Programme, I thank the Government of the Netherlands for hosting this important event and for giving us the opportunity to address this conference.
Let me begin with a true story about security and justice.
October 2006: Eight year old Sara’s mother asks her to buy a few household goods in a nearby store. As she skips down the road, a man points a gun at her, forcibly takes her behind a building and brutally rapes her.
Physically and mentally shattered, Sara races back to her mother, sobbing, her body in unimaginable pain.
Sara’s mother sets out on a determined quest for justice.
She is not well off and cannot afford top-notch legal representation. She does not have a higher education and cannot plead her daughter’s case in court. But, miraculously, Sara has access to free legal representation.
Sara’s story did not happen in The Hague, Brussels or Geneva. It happened in South Darfur. And, the man who raped her wore a uniform.
Her mother, desperate for justice, reached out to a Legal Aid Network supported by the UN. She was assigned a local lawyer who represents displaced and war-affected people. She was introduced to social workers from a local non-governmental organization who helped Sara deal with the pain and trauma. The legal aid network also put her in touch with the UN Mission in Sudan’s Human Rights Office, responsible for witness protection and monitoring of trials.
Three months later, a local court found a Darfurian policeman guilty of raping eight year old Sara and sentenced him to ten years imprisonment.
Sara’s story is one of over a thousand cases assisted by the UN-supported legal aid network in Darfur over the past two years. Each case dramatically changes the course of a victim’s life. Each case mobilizes local partners and institutions. And each case sends a strong signal: sexual violence is a crime, which can and will be punished to the full extent of the law. This message – and the legal aid network that makes it real – are building blocks of any and all efforts to pursue security and justice in Sudan.
The modest – but significant – success experienced in Sudan and other countries is a result of hard won experience. In these brief remarks, I have summarized this experience in five key lessons.
The Five Lessons
Lesson 1: Early engagement: Be there when it happens
“Where were you when we needed you most?” is a question posed all too often by those who survive insecurity and injustice amidst the carnage of war.
The UN is present before, during and after conflicts. We know that the recovery of communities as well as national and local institutions must begin early; it cannot wait until the conflict is ‘over’. The very idea that justice is possible, that the rule of law might be reestablished, that brutality will be punished – these ideas create hope. They motivate people to abandon violence in favor of a future.
In Afghanistan, the Democratic Republic of Congo or Somalia, where people have been engulfed by armed conflict and insecurity for generations – the restoration of human rights and dignity must begin even before peace is restored.
We have learned that we must be there early to resist the violence; to counter “rule by force” with “rule of law”. We did so in Darfur by offering alternative and peaceful conflict resolution mechanisms; by strengthening justice and security providers, women’s networks, traditional leaders, displaced populations and civil society.
Lesson 2: Catalyze national ownership
We have learnt from experience that we cannot pay lip-service to ‘national ownership’ or use it as a slogan to rubberstamp our own plans, interests, or preconceived notions of justice.
National ownership is about humility. It’s about listening to what women, men and children who have lost their limbs to machetes, their family members to marauders and their homes to warring militias want from us – not what we think they want or what we want from them.
National ownership is about patience. Patience to cultivate a constructive relationship with government and other national partners and to empower local authorities to do the right thing at the right time.
National ownership is about trust. It is about believing in the people we are mandated to serve. It’s about recognizing that beneath the sometimes corrupt leadership lies the inherent strength of societies that have survived thousands of years without help from the outside. It is about reinforcing their own capacity to recover and rebuild.
The importance of national ownership is at the heart of the UN’s work. It is reflected in the Secretary-General’s 2004 Report on the Rule of Law as well as his most recent report on security sector reform. This shared vision is also encompassed in the OECD-DAC Handbook and the paper on the Whole of Government Approach to Security Sector Reform prepared for this conference.
In the end, our role is to catalyze national ownership by providing the space for national partners to pursue change on their own terms. These principles and the passion for justice, the quest for security and the longing for peace are universal. People recognize them, yearn for them and will work toward them – if given appropriate support.
Lesson 3: Promote women as leaders of recovery
Because women bear the brunt of violence – whether from abusive security forces, police, or their partners – they are also the strongest force for change. Making women safer lifts up entire societies. No nation can consolidate peace when half its population lives in fear.
Women as police, as lawyers, judges, prosecutors and parliamentarians bring a powerful new dimension to the quest for justice and security. Their presence sensitizes police officers. Their voice champions legal frameworks based on international law. Their skills help execute the law under independent courts. Their witness ensures accountability and effective civilian oversight.
In Somalia, for example, UN support helped ensure that an estimated ten percent of the graduates of the police academy were women. In addition, the first Women Lawyers’ Association was established providing legal assistance to victims of rape and domestic violence.
The promises of Security Council Resolution 1325 must be brought to life through the experience, knowledge and strength of women. The Netherlands National Action Plan on Resolution 1325 makes this clear. And through the work of UN Action Against Sexual Violence in Conflict – an 11 agency initiative formed for this purpose – we work to ensure that when UN Security Council peacekeeping mandates come up for renewal, there is clear direction to the missions to protect women from sexual violence and for the Secretary-General to report systematically to the Council on efforts undertaken by the UN in this regard.
Lesson 4: Security doesn’t happen overnight
We have learned that improving security takes time. The work of UNDP and other development agencies complements the more robust security deployment provided by UN peacekeepers. We are the bridge between peacekeeping operations and long term efforts designed to support good governance. Our work in development transcends time lines and is not designed with short-term exit strategies in mind.
Strengthening the ability of people and institutions to prevent, counter and recover from violence and insecurity, including security system reform and the rule of law, is an on-going process. We must be realistic and practical in our approach.
To make the shift from military rule to civilian governance may require decades of investment and commitment. As the Whole of Government Approach to Security Sector Reform paper highlights, the transition is a highly political, long-term process. It requires a genuine shift from military rule to democratic processes and civilian governance.
Lesson 5: Coordination: Be guided by the reality on the ground
Delivering as one works at its best when driven by in-country coordination mechanisms under the UN Resident Coordinator or Special Representative of the Secretary-General. General principles and areas of comparative advantage can and should be established globally, but what really matters is how the UN missions and Country Teams come together and work with host-governments, civil society and non-governmental organizations; what matters is effective engagement with national partners and local communities. We have seen UN coordination at its best in Afghanistan, East Timor and Sudan where DPKO missions have an effective division of labor with the UN Country Teams, working together to deliver a shared mission.
Finally, allow me a few words on our own work on the rule of law in countries in conflict.
Over the past year, UNDP has developed a Global Programme on the Rule of Law that seeks to apply the lessons I just outlined to the most conflict-ridden countries in Africa, Asia, Latin America and the Middle East. It provides the vital bridge between the humanitarians that handle immediate needs, the peacekeepers who provide security and stability and the long-term development phase following recovery.
Our work on the rule of law has five main components, aligned with UNDP’s strategic plan for 2008 – 2011 and interestingly - since it was developed in parallel - the Netherlands National Action Plan on Resolution 1325. Like you, we are committed to supporting legislation to protect human rights and combat impunity; to encouraging national authorities to bring legislation in line with internationally recognized human rights agreements; to training lawyers, judges, police officers on women’s rights; to supporting local women’s NGOs committed to addressing human rights violations; to involving women in peace and recovery processes; and to supporting the implementation of Security Council Resolution 1325.
Our work on rule of law is driven by principles of justice and security. It can be summarized in five key areas. They are:
1. Strengthening the Rule of Law within an Early Recovery Framework and during Transitions.
Strengthening the rule of law in conflict- and post-conflict settings poses a broad range of challenges – from addressing the needs of a population in peril to buttressing a weak justice system. As stated earlier, being on the ground quickly lays the foundation for recovery in the rule of law sector, even while humanitarian actors are addressing the immediate needs of the population.
In Somalia, Chad and Darfur, we work hand-in-hand with the humanitarian community. In Somalia, we support the judicial handling of cases of sexual and gender-based violence through collaboration with non-governmental organizations and legal professionals. An estimated 500 cases are currently being processed in Mogadishu.
2. Addressing Women’s Security and Access to Justice
Addressing impunity is a focus of our Eight Point Agenda for Women’s Empowerment and Gender Equality in Crisis Prevention and Recovery.
Furthermore, through the Rome Statute, The International Criminal Court has declared rape a war crime. Perpetrators of war crimes must be held accountable - by their communities and by their governments.
As I said earlier, I am struck by the similarities between the Netherlands National Plan of Action and our own priorities. We too support national governments to bring legislation in line with international human rights law and Security Council Resolution 1325. In fact, we are currently addressing impunity by supporting access to justice programmes in the Democratic Republic of Congo, Chad and the Central African Republic .
3. Supporting Capacity Development of Justice and Security Institutions
Efforts to strengthen national institutions must aim to raise the knowledge base and professional skills of those serving in justice and security institutions, as well as to promote attitudes that heighten integrity, respect for the law, gender equality and human rights.
Civilians’ rights must be protected by law and by law enforcement and justice institutions. We complement the work of DPKO by cementing peace-building gains and steering these towards long-term investments in development. Our work is driven by the commitment to empower national rule of law institutions to shoulder their responsibilities, including Ministries of Justice, the Judiciary and the Ministries of Interior. We support national judicial commissions, courts, community policing, prison administration and promote democratic oversight over security institutions.
Support to national judiciary systems is already underway in Afghanistan, East Timor and Southern Sudan where national authorities are helped to ensure that laws that protect women and that customary law is aligned with the principles of the Convention Against All Forms of Discrimination Against Women. In East Timor, great strides have been made in developing national capacity to head these institutions. Last year, eleven judges, seven public defenders and nine prosecutors were appointed to replace international professionals that had held these positions since independence.
4. Facilitating Transitional Justice
Survivors of sexual violence and other human rights violations often face severe difficulties in seeking legal redress. They lack access to properly functioning justice systems or to any justice systems at all.
Survivors of abuses must know their rights and be able to access justice through effective policing, legal representation and an independent judiciary. Our rule of law work seeks to address large scale abuses by supporting national mechanisms such as individual prosecutions, reparations and truth seeking. We do so in close collaboration with national authorities as we know that national reconciliation can occur only when public confidence in the justice and security institutions is restored.
In Darfur, we are already supporting access to justice. Since 2004, seven Legal Aid Centers and four Legal Information Centers have been established, enabling 2,000 displaced people to access legal aid. In addition, training has been provided to 40,000 legal professionals, police officers, traditional leaders, members of civil society and non-state actors.
In Croatia, we supported the Ministry of Justice to establish a comprehensive witness protection programme.
5. Promoting Confidence Building and Reconciliation
Confidence-building and reconciliation underpin efforts to restore the social contract between the state and its citizens; and promote peaceful co-existence between communities. We work with national partners not only to raise awareness of rule of law and human rights, but also to support attitudes conducive to trust; and to build confidence and promote reconciliation.
We aim to build UNDP’s capacity where it counts: at country level. We are seeking partners in this effort who will learn alongside us and national actors – we seek partners ready to recognize mistakes, seize opportunities and learn lessons along the way. Our Global Programme on the Rule of Law signals the priority we put on this endeavor. It is ambitious. It will require an unprecedented level of focus, expertise and funding.
Peacekeeping missions provide much needed security once the peace agreement has been signed. Peacekeepers monitor and observe peace processes in post-conflict areas and assist ex-combatants in implementing the peace agreements they may have signed. Because UNDP is on the ground before, during and after crisis, we understand that we are uniquely positioned to consolidate the early gains of peacekeeping and lay the foundations for longer term development. We understand the responsibility this implies. Perhaps most importantly, we understand that Sara and her mother are counting on us – and we cannot afford to fail.
Thank you
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