North Kivu, DRC - a UN peacekeeper takes stock of arms collected during the demobilization process. (UN Photo/Martine Perret)
The reform of state institutions involved in human rights abuses can be an important transitional justice measure that promotes accountability and helps prevent the recurrence of violations. ICTJ provides expertise to ensure that institutional reforms—in societies recovering from atrocities and oppression—include a focus on justice for past abuses.
Public institutions—such as the police, military, and judiciary—are often instruments of repression and systemic violations of human rights. When transitions to democratic government occur, reform of such institutions is vital.
Institutional reform is the process of reviewing and restructuring state institutions so that they respect human rights, preserve the rule of law, and are accountable to their constituents. By incorporating a transitional justice element, reform efforts can both provide accountability for individual perpetrators and disable the structures that allowed abuses to occur.
Institutional reform can include many justice-related measures, such as:
- Vetting: examining personnel backgrounds during restructuring or recruitment to eliminate from public service or otherwise sanction abusive and corrupt officials.
- Structural reform: restructuring institutions to promote integrity and legitimacy, by providing accountability, building independence, ensuring representation, and increasing responsiveness.
- Oversight: creating publicly visible oversight bodies within state institutions to ensure accountability to civilian governance.
- Transforming legal frameworks: reforming or creating new legal frameworks, such as adopting constitutional amendments or international human rights treaties to ensure protection and promotion of human rights.
- Disarmament, demobilization, and reintegration: disbanding armed actors—such as paramilitary groups—and providing justice-sensitive processes and means by which ex-combatants can rejoin civil society.
- Education: training programs for public officials and employees on applicable human rights and international humanitarian law standards.
Institutional reform as a transitional justice measure aims to acknowledge victims as citizens and rights holders and to build trust between all citizens and their public institutions. Measures to assist this include promoting freedom of information, public information campaigns on citizen’s rights, and verbal or symbolic reform measures such as memorials or public apologies.
The effectiveness of justice-related institutional reform can be enhanced when integrated in a comprehensive transitional justice policy that includes criminal prosecutions, truth-seeking, and reparations to victims. ICTJ’s work focuses on the connections between institutional reform and other transitional justice approaches.
- In DRC, we work to ensure that new legislation on the security system includes accountability principles.
- In 2010 we produced guidelines for practitioners—in English and French—on post-conflict security sector reform, and earlier helped establish policy frameworks for the United Nations.
- We have produced guidelines for vetting security sector institutions published by the Office of the UN High Commissioner for Human Rights and by the United Nations Development Programme -published also in Justice as Prevention.
- We have worked in Burundi to help with the census and identification of security agents.
- In Iraq we were a prominent source of expert criticism on De-Baathification initiatives.
- We have published research on the relationship between vetting and transitional justice, as well as on disarmament, demobilization, and reintegration and transitional justice.