Institutional reform in the context of transitional justice processes

Collection and Summary: Abdelazim Mohammed

Introduction

Public institutions - such as the police, military forces and the judiciary - often take tools and systematic human rights violations in a community in conflict or under authoritarian rule. Once these groups move to peace and democratic governance, reform of these institutions is necessary and has long been regarded as the essence of transitional justice.

The years-long experience has shown that the exclusive focus on institutions directly involved in physical abuse is insufficient and futile. Therefore, in order to ensure the States professional independence, all State organs need to be reformed and appropriate oversight mechanisms put in place.

This requires a review of a large part of the legal framework in force, above all the Constitution. Justice reform and security institutions are complemented by the radical changes that must be brought about in political, economic, social and cultural institutions, should society resolve to fully address violations, including economic and social ones.

What do we mean by institutional reform?

Institutional reform is a process whereby State institutions are reviewed and restructured so as to respect human rights, preserve the rule of law and be subject to voters sensitivity. Reform efforts, based on the transitional justice approach, are capable of achieving accountability and reparation for attacks. More importantly, they are capable of eliminating the structures and beliefs that allowed such violations to occur. The recommendation to adopt this type of reform is therefore abundant and is often launched by openness initiatives that reveal institutional aspects of the pasts mistakes.