Reforming public institutions is a core task in countries in transition from authoritarianism or conflict to democracy and peace. This United Nations High Commissioner for Human Rights (OHCHR) publication sets out an operational framework for vetting and institutional reform. The complex challenges of transitional contexts require a comprehensive approach to institutional reform. An effective and legitimate reform strategy will situate vetting in its broader context.
Reforming institutions contributes to achieving a central objective of an effective and legitimate transitional justice policy: the prevention of future human rights abuses. Increasingly, vetting public employees, in particular in the security and justice sectors, is recognised as a central component of an effective and legitimate transitional justice strategy. Institutional reform in post-conflict or post-authoritarian contexts requires pragmatism, determination and endurance.
Timely personnel reform programmes necessitates a formal mandate. The end of a conflict or an authoritarian regime is often marked by a formal agreement such as a peace treaty which could include personnel reform provisions. The process of personnel reform includes:
- The establishment of a special independent commission to administer the transitional personnel reform.
- The choice of the type of personnel reform to be undertaken (review or reappointment), depending on the extent of reform needed. In a review process, serving employees are screened to determine their suitability for continued service. In a reappointment process, an institution is first disbanded, all employees have to reapply to a new institution and there is a general competition for all posts.
- The three core phases of personnel reform: registration of the public employees to be vetted, screening to assess if they meet the criteria for continued employment and the certification of those who meet the employment criteria.
- The consideration of a phased approach: a personnel reform process could be phased to take into account the complex political and capacity-related challenges of a transition.
Vetting strategies need to address the unique historical, social and political challenges of each society confronting a legacy of serious human rights abuses. While it is advisable to follow the three basic steps of the proposed methodology, therefore—assess the situation, define the objectives and design the process—the guidelines should be used as a toolbox rather than an operating manual. Recommendations include the following:
- In general, personnel reform processes under domestic leadership will be preferable to internationalised processes, but where international leverage is needed, every effort should be made to involve domestic actors from the beginning and as broadly as possible.
- Likewise, institutional reform should be accompanied by other efforts to deal with a legacy of human rights abuse, including prosecuting those responsible for serious crimes, uncovering the truth and providing reparations to victims.
- Different types of public institutions raise specific concerns and vetting strategies need to respond to the particular requirements of the institution to be vetted.
- Personnel reform programmes should prioritise the military, law enforcement, intelligence services, the judiciary and other institutions that underpin the rule of law.
- Transparency about the reform efforts and consultation about its objectives will help in building public confidence and in (re-)legitimising public institutions.
