1. ICTJ/DCAF 3 November 2005 Transitional Justice and Security Sector Reform

2. What is Transitional Justice?  Justice in the context of “transition to democracy”  Efforts to overcome injustice: address a legacy of human rights abuse in countries emerging from conflict or authoritarian rule

3. What are the Aims of TJ?  Not: “cheap reconciliation”  Not: revenge  But: build the rule of law and democracy  Recognition of individuals as citizens with equal rights  Build civic trust among citizens  Justice or peace? Justice to build sustainable peace!

4. TJ is a Legal Obligation  Decisions of the Inter-American Court on Human Rights, Human Rights Committee, European Court on Human Rights  Ratification of the International Criminal Court  Report of the UN Secretary-General on transitional justice and the rule of law  UN principles to combat impunity

5. What are the Means of TJ?  Criminal prosecution  Serious international crimes  National  International (supplementary)  Truth seeking  Truth commissions  Reparation  Institutional Reform  Judicial reform  SSR…  [Reconciliation] Complementarity of means

6. TJ and SSR  A duty to prevent the recurrence of abuses  Build fair and effective institutions  Focus on security sector  Responsible for most serious abuses  Responsible to protect basic human rights (life, security, integrity…

7. A TJ-sensitive Approach to SSR  (Re-)build civic trust  Consultations: victims and public in general  Learn to live with a legacy of abuse  Acknowledge past abuse (truth-seeking)  Change symbols associated with abusive past

8. Key SSR Measures  Census and identification  Accountability mechanisms  Civilian oversight  Civilian complaint  Internal discipline  Operational independence  Remove political interference  Vetting and personnel reform

9. Vetting and Personnel Reform  Vetting: assessing integrity to determine suitability for public employment  Necessary to build trustworthy public institutions:  Aims at excluding individuals with integrity deficits to  Re-establish civic trust and to re-legitimize public institutions  Limited measure of accountability  Address impunity gap  Not a replacement for criminal accountability  Vetting is insufficient  Multifaceted short-comings  Personnel reform needs to be comprehensive to be effective

10. Capacity and Integrity Framework (CIF) CAPACITY INTEGRITY INDIVIDUALORGANIZATION Education Experience Aptitude Human Rights Conduct Affiliation Structure Resources Information Representation Accountability Service Mandate A PUBLIC INSTITUTION

11. Vetting Criteria  Capacity  Education  Professional competence and experience  Physical and psychological aptitude  Integrity  Human rights  Professional conduct  Impartiality  Representation  Gender  Ethnicity  Origin  Religion

12. Vetting Process  Legitimacy: minimum standards in each of the three categories  But: Obligation to exclude individuals with serious integrity deficits  Gross HR violations  Serious crimes under IHL  Different types  All or certain  Special or regular  Serving officers or recruits  Respect due process