The state has the duty to protect, promote and ensure the realization of the rights of all citizens and is a key player in the field of human rights in development. Central to any future model for development will be the enforcement of the rule of law, and thus the role of the state.
Partnership programmes in the area of reform of law and state institutions work within the realms of the legislative and executive powers of society. Initiatives within these fields will most often take place on a complementary basis since law reform provides an essential platform for institutional reform at state level. The justice sector is a particular target because it represents a prime lever with respect to advancing a society governed by the rule of law, and partnerships are entered into with parliaments, law reform commissions, relevant ministries and other executive bodies.
It is the vision of the partnership programmes that national legislation and implementation thereof should be brought into conformity with human rights standards. On the basis of this vision, DIHR has entered into partnerships with state institutions in those instances where there is a proven commitment to change. Most often interventions at the state level will take place in societies under transition from oppression to democracy. International human rights standards, progressive national constitutions or peace agreements provide the set of values shared by DIHR and its state partner. The ultimate aim of the partnership is to enable the state to chart the course for a new beginning founded on human rights and the rule of law and to build the capacity of the state to administer the reforms.
In terms of methodologies, the reform programmes apply strategic planning and organizational development with pronounced legal and juridical contributions. In a transitional context, the outcome of a strategic planning exercise within the justice sector is a strategic plan describing the vision for a new system of justice – a vision that the state and the justice sector will commit themselves to implement. The plan sets out in detail the concrete steps that will be taken to make the vision come true. The plan also provides a framework for managing the transformation of the justice sector and the institutions that deliver services to the public, and it outlines ways in which progress will be evaluated and how the system will be made accountable to the public.
Three cases of DIHR’s partnership with state institutions on the reform of law and state are presented here. In Cambodia and Guatemala, DIHR has had the opportunity to forge comprehensive partnerships with the justice sector as a whole. In Serbia the partnership on reforming the system of law enforcement represents a unique, long-term co-operation with the Ministry of the Interior and the Ministry of Justice, with the active involvement of civil society organizations. All three programmes have been driven by strategic planning exercises and the formulation of concrete and innovative plans manifests our joint efforts and results in a highly complex area of human rights intervention.