This Agreement lays the foundation for a united, peaceful, and prosperous society based on justice, equality, respect for human rights, and the rule of law. No one, including the authorities, shall be above the law, and the laws must respect the value of democracy and the fundamental rights of the citizens.

The Parties agree that the rule of law shall be implemented in accordance with the following principles [whose modalities of implementation shall be specified during the political negotiations]:

- Equality before the law without distinction on the basis of race, colour, gender, language, religion, political or other opinion, national or social origin, property, birth, or other status.

- Accountability to the law, meaning that the law establishes standards against which everyone will be held.

- Legal certainty, with laws being clearly understandable by those who are subject to them and not subject to arbitrary application.

- Separation of legislative, executive, and judicial powers.

- An independent judiciary, free from political interference.

- Procedural and legal transparency, with an inclusive process for developing and refining the legal framework.

[Further principles can be added as required.]

In furtherance of the rule of law and judicial independence, and in order to establish trust in the legitimacy of public institutions, a vetting mechanism shall be established to exclude from service in the judiciary persons who [have been responsible for abuses or have other serious integrity deficits].

A system for vetting members of the judiciary for abuses during the prior conflict shall adhere to international human rights standards, including:

- Identifying objective and lawful criteria for vetting members of the judiciary.

- Establishing transparent, formal, and independent processes for the identification and removal of individuals responsible for abuses or with serious integrity deficits.

- Requiring that Parties under investigation be notified of allegations, be provided an opportunity to respond before a body administering the vetting process, and have the right to appeal an adverse decision to a court or other independent body.

- Ensuring any dismissal or disqualification is based upon individual records, in particular engagement in illegal conduct.

Requirements for joining the judiciary and the selection process shall be based on objective criteria, including integrity and appropriate training and qualifications in law, based on individual merit and under equal working conditions.

Any method of judicial selection shall safeguard against appointments for improper motives. In the selection of judges, there shall be no discrimination on the grounds of race, color, sex, religion, political or other opinion, national or social origin, property, birth, or status, except that a requirement of nationality for judicial office shall not be considered discriminatory.

Promotion of judges, wherever such a system exists, should be based on objective factors, in particular ability, integrity, and experience.

Without prejudice to the requirements of integrity and qualifications in law, the Parties agree to undertake institutional reforms to achieve the appointment of qualified men and women from [historically marginalized group(s)] to the judiciary in accordance with [their representation in the overall population] [specified percentages].

The independence of the judiciary shall be guaranteed by the state and enshrined in the Constitution or the law of [state]. All governmental and other institutions shall respect and observe the independence of the judiciary.

The term of office of judges, their independence, security, adequate remuneration, conditions of service, pensions, and the age of retirement shall be secured by law. Any change to the age of retirement shall not take effect retroactively.

Judges, whether appointed or elected, shall have guaranteed tenure until a mandatory retirement age or the expiry of their term of office, where such exists.

The assignment of cases to judges within their court is an internal matter of judicial administration.

A judge is prohibited from:

- Combining a judicial position with legislative or executive positions or any other employment.

- Joining any party or political organization or performing political activity.

A judge shall be free, and shall appear to a reasonable observer to be free, from inappropriate connections with, and influence by, the executive and legislative branches.

Subject to national law and without prejudice to disciplinary procedure, right of appeal, or compensation, judges should enjoy personal immunity from civil suits for monetary damages for improper acts or omissions in the exercise of judicial functions.

The penal code shall characterize threats and coercion of judicial personnel, bribery, and corruption as particularly serious offences.

Justice must be affordable for all. Payment for justice services should be based on equity so that people with fewer resources are not disproportionately burdened.

The government shall seek to ensure access to justice for persons who cannot afford counsel by making available free consultation and advice, assistance with preparation of legal documents and basic procedures, and mediation of disputes.

There shall be established a public defender’s office in criminal matters to provide legal assistance to those who cannot afford to retain defense counsel.

The government shall seek to facilitate simple and direct access to the justice system by [sectors of the state] or [identified marginalized groups] that are currently disadvantaged before the judicial system.

Where sectors of the population do not speak the official language of the state, the government shall seek to make available appropriate information on the legal system in local languages, including where feasible translations of relevant laws and regulations.

A commission shall be established which, with participation of [marginalized group], may analyze current legislation and propose amendments to guarantee full access to justice for that group.

The government shall seek to provide legal service centers for [marginalized groups], offering consultation, referrals, and alternative dispute resolution services.

Judicial reforms shall eliminate gender based barriers to access in civil law procedures. The government shall adopt and enforce positive measures to ensure women are free to enter into contracts and private law agreements, and shall deem null and void instruments that restrict the legal capacity of women.

The government shall create gender sensitive resources and procedures for crimes often committed against women, including training female police officers and medical examiners. The government shall review laws that regulate women’s behavior where such conduct is not a crime by international standards.

Judicial reforms shall recognize the contributions of traditional justice mechanisms in settling local disputes, consistent with the Constitution, international legal standards, and principles of rule of law and human rights.

The government shall ensure that courts and services related to the administration of justice are available to persons in rural, remote, and disadvantaged areas, including mobile courts, traveling judges, and use of video technology.

The Parties agree that [specified areas of law] are in need of urgent reform. The Parties agree to pursue such reform on an accelerated basis in line with the following provisions.

All laws and regulations in effect within the territory of [state] when the Constitution enters into force shall remain in effect to the extent not annulled and not inconsistent with the Constitution, the rule of law, and international standards, until otherwise determined by the competent governmental body.

Until superseded by applicable agreement or law, governmental offices, institutions, and other bodies of [state] will operate in accordance with applicable law.

The Parties agree that [state] shall remain or become a party to [the following international agreements: list relevant international agreements].

The Parties shall establish a [Joint Law Reform Commission] with a mandate to study, discuss, and make recommendations and proposals for the form of [specified areas of law].

The [Joint Law Reform Commission] shall be composed of [representatives of the parties and civil society]. It shall establish its own rules of procedure and may receive submissions from the public, hold public hearings, and draw on advice of legal experts and international organizations as needed.

The [Joint Law Reform Commission] shall be established by [date] and endeavor to submit its recommendations by [date].

The Parties agree to establish the [Monitoring Commission] to ensure observance of the implementation of measures designed to strengthen the rule of law.

The [Monitoring Commission] will consist of members appointed by the Parties according to the process set out in the [founding document]. In its composition, the [Monitoring Commission] will be proportionally representative of social groups in the territory, taking into account gender, ethnicity, race, religion, and political opinion.

[Guarantors and witnesses from the international community may be invited to support implementation.]

The [Monitoring Commission] may be assisted by expert advisors. Its mandate is to monitor progress of legal reforms and provide support to facilitate such reforms.

The Parties will ensure that education on human rights and the rule of law is fully included in the training of judges, lawyers, law enforcement personnel, and other persons involved in the administration of law.

The [judicial oversight institution] shall consist of [judges, lawyers, experts, qualified laypeople, or a mix] elected for a period of [length of time] by the [legislature] from lists originating with the [executive].

The [judicial oversight institution] shall from time to time issue a thematic report that compares judicial performance on similar cases and draws conclusions on systemic issues. Reports may be formulated once a suitable number of similar cases have been monitored and an issue identified.

The [judicial oversight institution] shall issue recommendations in line with judicial best practices regarding performance.

The [responsible government authorities] or the [Monitoring Commission] will use reasonable efforts to ensure that civil society and community organizations can participate in and contribute to law reform efforts, including through public hearings, information sharing, and submission of input.

The Parties call upon the international community to assist in training, establishment, and capacity building of police and other law enforcement agencies for the sustenance of peace and the rule of law.

The Parties urge the international community to grant technical and financial cooperation required for the immediate implementation of measures to modernize and professionalize the [public security system or specified initiatives] in [state or territory].

[Designated authority] may seek technical assistance from regional and international experts and partners to benefit from experience and best practices to assist in the constitution making process and in the establishment, training, and capacity building of police and other law enforcement agencies.

[In view of the appointment of the UN Secretary General’s Special Representative in the state or territory], the Parties call for the urgent establishment of a consolidated United Nations Mission that has resources to facilitate implementation and coordination of law reform as envisaged in this Agreement.

There shall be established a [Fund Name] to solicit and collect funds from domestic and international donors for law reform efforts in [state], including for the establishment, training, and capacity building of the judiciary, law enforcement, and other institutions that support peace through the rule of law.

The Parties agree on the need for [specified international organization], in collaboration with the international community, to organize periodic donor conferences to support rule of law reform in [state].

The Parties urge the international community to grant financial assistance required for the implementation of measures needed for rule of law reform in [state].