Strengthening the Rule of Law in Crisis-Affected and Fragile Situations
UNDP 2016 Annual Meeting, 29 - 30 June 2016, New York
High-Level panel discussion: Experiences in Building and Sustaining Peace through Strengthening of the Rule of Law and Human Rights
Presentation
By
ADV MABEDLE LOURENCE MUSHWANA
29TH JUNE 2026
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On behalf of GANHRI, I would like to thank UNDP for the opportunity to speak in this forum of leaders and advocates on the important role that national human rights institutions play in promoting the rule of law and human rights in crisis-affected situations. I take this opportunity to extend my congratulations to the UNDP on the publication of the 2015 Global Annual Report on Strengthening the Rule of Law in Crisis Affected and Fragile Situations. The key lessons learned provide valuable reference for the importance of addressing rule of law issues in conflict and fragile situations.
The rule of law is an important aspect of the work that NHRIs do. Two weeks ago the UNDP together with the Office of the High Commissioner for Human Rights (OHCHR) and GANHRI hosted a seminar for national human rights institutions (NHRIs) under the theme “The Role of National human rights institutions in conflict and fragile contexts: A contribution to peaceful, just and inclusive societies”. In March 2016 at its annual conference GANHRI discussed the current challenges to human rights protection which included a session on the role of NHRIs in conflict and post-conflict situations.
In October 2015, the Ukrainian NHRI together with UNDP convened a global conference on the role of NHRIs in conflict and post-conflict situations which concluded with the Kyiv Declaration which proposes important measures to prevent and address consequences of conflict.
The rule of law requires that legal processes, institutions and substantive norms are consistent with human rights, including the core principles ofequality under the law, accountability before the law and fairness in the protection of rights.[1] Therefore, human rights cannot be effectively protected in societies without a strong rule of law because the rule of law is a mechanism for the implementation of human rights. It thus not surprising that the concept of the rule of law is enshrined in the UN Charter; that it has a central place in the Universal Declaration of Human Rights; and that it is reinforced in the 1993 Vienna Declaration and Programme of Action including in its Articles 67[2] and 79[3]; and further that the NHRIs given their broad mandates to promote and protect human rights have been recognised as key role players in advancing the respect for the rule of law.
NHRIs have an important role to play in the prevention of or mitigation of the escalation of crisis and also within the post-conflict processes. The Principles relating to the status of national institutions (or Paris Principles) which were endorsed by the UN General Assembly in 1993, provide the benchmark for determining the effectiveness of NHRIs. While these Principles do not make direct reference for NHRIs’ role in peace-building or in conflict or fragile contexts, NHRIs have interpreted their broad mandates to include work in this area, with other NHRIs having been created in the aftermath of conflict with mandates including conflict-resolution such as NHRIs of Afghanistan, Rwanda, Colombia, Indonesia, Nepal, Sri Lanka and Uganda, each of which is now playing an important role in this regard.[4]
In fact, the UN Secretary General’s report on The rule of law and transitional justice in conflict and post-conflict societies concluded that the establishment of independent NHRIs was one complementary strategy that had shown promise for helping to restore the rule of law, peaceful dispute resolution and protection of vulnerable groups where the justice system was not yet fully functioning.[5] The Secretary General’s Human Rights Upfront Initiative as well as the adoption by the General Assembly and the Security Council of the most comprehensive resolutions on peacebuilding and prevention to date[6] reinforce the extreme value that NHRIs can be, in supporting peacebuilding and the implementation of strategies to prevent serious human rights abuses on the ground.
While the degree to which NHRIs can be involved in advancing promotion and protection of human rights and prevention of violations is highly context specific, NHRIs can do this through various means:
Independent NHRIs given their strategic positioning between the State and other role players such as civil society organisations and the international actors, can provide a neutral space at the national level to facilitate dialogue, support efforts to prevent serious violations or respond to the risks or triggers of serious violations before they occur or contribute to the development and implementation of strategies to address serious violations that may have already occurred.
Some NHRIs monitor the situation on the ground before elections; they monitor demonstrations, document pre-election violence and engage with the government to end such violence and to hold accountable those responsible for human rights abuses. For example, the NHRIs in Kenya and Sierra Leone have actively been engaged in sensitization activities, monitoring and observing of electoral processes to avert electoral instigated conflicts. A report produced by the Kenyan NHRI on the post- 2007 election violence[7] has been widely acknowledged as an important reference for reforming electoral policies, legislation and institutions including political parties.
NHRIs with quasi-judicial powers can receive complaints and investigate violations and can as a result be a source of credible information which can correctly inform all relevant actors, including the UN of the potential of, or ongoing serious violations. This would in turn enable early action to prevent occurrence of serious violations. A good example is the work carried out by the Ukrainian NHRI, with UNDP’s support, which has built the capacity and established networks with civil society organisations to monitor and document violations in the east of Ukraine and Crimea for possible further use by national and international justice mechanisms.
NHRIs can also make submissions to the courts, appear as amicus curiae before the courts or judicial commissions to ensure accountability for human rights violations
NHRIs are also advisory institutions which empowers them to make recommendations to remedy structural deficiencies that can cause conflict. For instance, the Ugandan NHRI has integrated the work of conflict prevention and management and peace-building to address two major conflict situations. The Ugandan NHRI worked with the government to replace its militaristic approach to dealing with conflict to develop a comprehensive policy with disarmament and sensitization programmes as key strategies involving local leaders, women, youth, and government officials. This was accompanied by a monitoring and reporting system on the human rights situation in the process of disarmament that was embarked upon.
In addition, the adoption of the indicator, that is “Existence of independent NHRIs in compliance with the Paris Principles” under Goal 16 of the 2030 Agenda for Sustainable Development Goal also illustrates the value the international community attaches to the work of NHRIs, as does the adoption in December 2015 by the General Assembly of its landmark NHRI resolution calling on all UN mechanisms and processes including the 2030 Agenda and the High Level Political Forum to enhance the participation of NHRIs to their work. These are just few of the many examples in these contexts, where the NHRIs assume an exceptionally important function of supporting preventive efforts and promoting the mitigation of tensions.
While the role that NHRIs can play in the context of strengthening the rule of law in situations of crises is clearly defined, there are challenges that impact on their capacity to do so, ranging from identifying what NHRIs’ roles should be, with due regard to need to preserve independence and credibility; to building capacities to conflict-specific contexts; to reprisals, acts of intimidation and interference.
In addition, the civil society space where securing the rule of law must happen is shrinking due to restrictive legislation being enacted around the globe. All these and especially the rising cases of reprisals raise concerns about the future of effective promotion and protection of human rights at all levels.
GANHRI has called for, and appreciates the UN’s support through various resolutions, the withholding from reprisals and acts of intimidation as NHRIs, their members and staff do face reprisals while undertaking their duties. For instance, in 2015, a minibus carrying the staff of the Afghanistan NHRI was struck by an explosive device in Jalalabad killing two staff members and injuring six others. Previously in 2011, the NHRI’s Commissioner for Child Rights, a well-renowned human rights activist Hamida Barmaki was killed together with her family in a suicide attack in Kabul.
In conclusion, the core business of NHRIs is to ensure the promotion and protection of human rights and NHRIs need support and protection in order to do this effectively. Protecting NHRIs at risk and building their capacities to address prevention of conflict, response in conflict contexts and post-conflict situations is among the key priorities that I know the joint UNDP-OHCHR-GANHRI Partnership has identified moving forward. This is of critical importance and an endeavour for which we need a coherent, systematic and integrated approach. GANHRI and NHRIs world-wide count on the support of UNDP, OHCHR and like-minded partners, such as several of the important member states and friends present here today.
Finally, as so aptly put by Nelson Mandela: “To deny people their human rights is to challenge their very humanity.”I look forward to the exchanges and discussions throughout this meeting, and as we discuss and debate the importance of the Rule of Law let us remember what Blaise Pascal once said l quote “Justice and power must be brought together, so that whatever is just may be powerful, and whatever is powerful may be just”.
1
[1] See Resolution, S/2004/616, para 6
[2] That special emphasis should be given to measures to assist in the strengthening and building of institutions relating to human rights, strengthening of a pluralistic civil society and the protection of groups which have been rendered vulnerable. This includes assistance provided, upon the request of governments, on strengthening the rule of law
[3] Recommends that all States and institutions should include human rights, humanitarian law, democracy and rule of law as subjects in the curricula of all learning institutions in formal and non-formal settings
[4] Report of the Secretary General on The rule of law and transitional justice in conflict and post-conflict societies, S/2004/616
[5] Ibid, para 31
[6] Resolution 2282 (2016) http://www.un.org/press/en/2016/sc12340.doc.htm and http://www.un.org/en/ga/search/view_doc.asp?symbol=S/RES/2282%282016%29
[7] Kenya National Human Rights Commission (2008), On the Brink of a Precipice: A Human Rights Account of Kenya’s Post-2007 Election Violence