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Justice

The Transformative Potential of Gender Justice in the Land Restitution Programme in Colombia

Citation:

von Au, Anne Kathrin. 2013. "The Transformative Potential of Gender Justice in the Land Restitution Programme in Colombia." Revista Deusto de Derechos Humanos 11: 207-39.

Author: Anne Kathrin von Au

Abstract:

ENGLISH ABSTRACT:
This paper studies the existence of elements of gender justice in the ongoing land restitution process in Colombia, in order to analyse the potential of the Land Restitution Programme to contribute to the elimination of structural violence against women and the resulting gender inequalities. In this context, the sources of the analysis comprises the Victims’ and Land Restitution Law of 2011, the implementation programmes by the Land Restitution Unit, and the sentences by the specialized judges for land restitution. The paper argues that the land restitution programme could contribute to the elimination of structural forms of discrimination and exclusion of women in the Colombian society, if the elements of gender justice are applied in a coherent and systematic way and if it is accompa- nied by additional measures aimed at reducing the high security risks for internally displaced women in the land restitution process and changing the patriarchal system deeply rooted in the Colombian society.
SPANISH ABSTRACT:
Este artículo estudia la existencia de elementos de justicia de género en el actual proceso de restitución de tierra en Colombia para analizar el potencial del Programa de Restitución de Tierras en la contribución a la eliminación de violencia estructural contra mujeres internamente desplazadas y las inequidades resultantes. En este contexto, las principales fuentes de datos para el análisis son la Ley de Víctimas y Restitución de Tierras de 2011, las programas de acción de la Unidad de Restitución de Tierras y las sentencias de los jueces especializados en la restitución de tierras. Este trabajo sostiene que el programa de restitución de tierras podría contribuir a la eliminación de formas estructurales de discriminación y exclusión de mujeres en la sociedad colombiana si los elementos de la justicia de género son aplicados de una manera coherente y sistemática, y si van acompañadas por medidas adicionales enfocadas a reducir el alto riesgo para mujeres internamente desplazadas en dicho proceso y a cambiar el sistema patriarcal, firmemente arraigada en la sociedad colombiana.

 

Keywords: transitional justice, displacement, land restitution, gender justice, structural violence, transformative justice, differential approach, justicia transicional, desplazamiento, restitución de tierra, justicia de género, violencia estructural, justicia transformativa, enfoque diferencial

Topics: Displacement & Migration, IDPs, Gender, Women, Gender-Based Violence, Gendered Power Relations, Patriarchy, Gender Equality/Inequality, Justice, Transitional Justice, Rights, Land Rights, Security Regions: Americas, South America Countries: Colombia

Year: 2013

African Democracy and Development: Challenges for Post-Conflict African Nations

Citation:

Veney, Cassandra Rachel, and Dick W. Simpson, ed. 2013. African Democracy and Development: Challenges for Post-Conflict African Nations. Lanham: Lexington Books.

Authors: Cassandra Veney, Dick Simpson

Annotation:

Summary:
Various African nations have undergone conflict situations since they gained their independence. This book focuses on particular countries that have faced conflict (civil wars and genocide) and are now in the process of rebuilding their political, economic, social, and educational institutions. The countries that are addressed in the book include: Rwanda, Mozambique, Sierra Leone, Liberia, and the Democratic Republic of the Congo. In addition, there is a chapter that addresses the role of the African Diaspora in conflict and post-conflict countries that include Eritrea, Liberia, and Somalia. The book includes an examination of the various actors who are involved in post-conflict rebuilding and reconstruction that involves internal and external participants. For example, it is clear that the internal actors involve Africans themselves as ordinary citizens, members of local and national governments, and members of non-governmental organizations. This allows the reader to understand the agency and empowerment of Africans in post-conflict reconstruction. Various institutions are addressed within the context of the roles they play in establishing governance organizations such as the Truth and Reconciliation Commission in Sierra Leone, the African Union, chiefs in Liberia, and non-governmental organizations. Furthermore, the external actors who are involved in post-conflict reconstruction are examined such as international non-governmental organizations and the African Diaspora. They both have their own constituents and agendas and can and do play a positive and negative role in post-conflict reconstruction. It is obvious that countries that are addressed in the book are in dire need of financial assistant to rebuild much needed infrastructure that was destroyed during the conflict. All of the countries covered in the book need schools, medical facilities, roads, bridges, airports, ports, and the government does not have the money to provide these. This is where the international non-governmental organizations and the African Diaspora play an important role. The chapters that address these issues are cognizant of their importance and at the same time, the authors realize that sovereignty can be undermined if Africans are not in the forefront of policy and decision making that will determine their future. There are chapters that provide a gendered analysis of post-conflict when it is appropriate. For example, it is clear that women, men, boys, and girls experienced conflict in different ways because of their gender. They all participated in the conflict in various ways. Consequently, the efforts at peace building are given a gendered analysis in terms of what has happened to women and girls in the demobilization and rehabilitation period including an excellent analysis of land reform in Rwanda and how that affects women and members of a certain ethnic group that are often overlooked in the examination of the 1994 genocide. In sum, this book provides a very good contribution to the literature on conflict and post-conflict African countries because of its depth and the vast topics it embraces. It provides an analysis of the internal and external actors, the role of gender in post-conflict decision making, and it provides the voices of ordinary Africans who were affected by the conflict, and who are determined to live productive lives. (Summary from Google Books)
 
Table of Contents:
Introduction / Cassandra R. Veney --
No justice, no peace : the elusive search for justice and reconciliation in Sierra Leone / Sylvia Macauley --
The role of ex-combatants in Mozambique / Jessica Schafer --
Memory controversies in post-genocide Rwanda : implications for peacebuilding / Elisabeth King --
Land reform, social justice, and reconstruction : challenges for post-genocide Rwanda / Helen Hintjens --
Elections as a stress test of democratization in societies : a comparison of Liberia, Sierra Leone, and the Democratic Republic of the Congo / John Yoder --
Partners or adversaries? : NGOs and the state in postwar Sierra Leone / Fredline A.O. M'Cormack-Hale --
Chieftancy and reconstruction in Sierra Leone / Arthur Abraham --
The role of African diasporas in reconstruction / Paul Tiyambe Zeleza --
The role of the African Union in reconstruction in Africa / Thomas Kwasi Tieku --
Governance challenges in Sierra Leone / Osman Gbla --
Challenges of governance reform in Liberia / Amos Sawyer --
Achieving development and democracy / Dick Simpson

 

Topics: Armed Conflict, Civil Wars, Combatants, DDR, Gender, Women, Girls, Gender Analysis, Genocide, Governance, Infrastructure, Transportation, International Organizations, Justice, NGOs, Peacebuilding, Post-Conflict, Post-Conflict Reconstruction Regions: Africa, Central Africa, East Africa, Southern Africa, West Africa Countries: Democratic Republic of the Congo, Eritrea, Liberia, Mozambique, Rwanda, Sierra Leone, Somalia

Year: 2013

Legacies of Violence and the Unfinished Past: Women in Post-Demobilization Colombia and Guatemala

Citation:

Tarnaala, Elisa. 2019. “Legacies of Violence and the Unfinished Past: Women in Post-Demobilization Colombia and Guatemala.” Peacebuilding 7 (1): 103–17.

Author: Elisa Tarnaala

Abstract:

This article examines the historically grounded social acceptance of impunity and the role of unwanted actors in peace and transitional processes. The article argues from a post-demobilization violence perspective that counter-democratic developments, which have historical and global roots, condition peacebuilding and impose important limits on the deepening of inclusion. In Colombia and Guatemala, internationally backed peacebuilding activities occurred in the same regions where the local authorities continued their partnership with criminal and authoritarian actors. Thus, parallel to the shift towards greater political and economic stability at the national level, attacks against human rights activists and environmental activists, intra-community violence, violence against women, prostitution and the trafficking of girls continued at the local level and in some areas increased.

Keywords: Colombia, Guatemala, demobilization, women, violence, historical legacies

Topics: DDR, Democracy / Democratization, Gender, Women, Girls, Gender-Based Violence, Justice, Impunity, Transitional Justice, Peacebuilding, Trafficking, Human Trafficking, Violence Regions: Americas, Central America, South America Countries: Colombia, Guatemala

Year: 2019

The Oxford Handbook of Gender and Conflict

Citation:

Ní Aoláin, Fionnuala, Naomi Cahn, Dina Francesca Haynes, and Nahla Valji, eds. 2018. The Oxford Handbook of Gender and Conflict. Oxford: Oxford University Press. 

Authors: Fionnuala Ní Aoláin, ed., Naomi Cahn, ed., Dina Francesca Haynes, ed., Nahla Valji, ed.

Abstract:

The Oxford Handbook of Gender and Conflict brings together leading interdisciplinary scholars, policymakers, and practitioners to address a complex range of challenges, contexts, geographies, and issues that arise for women and men in the context of armed conflict. The Handbook addresses war and peace, humanitarian intervention, countering violence and extremism, the United Nations Women, Peace, and Security Agenda, sexual violence, criminal accountability, autonomous weapons, peacekeeping, refugee and internally displaced person (IDP) status, the political economy of war, the economics of conflict, as well as health and economic security. It begins with theoretical approaches to gender and conflict, drawing on the areas of international, peace and conflict, feminist, and masculinities studies. The Handbook explores how women and men’s pre-war societal, economic, and legal status relates to their conflict experiences, affecting the ways in which they are treated in the post-conflict transitional phase. In addition to examining these conflict and post-conflict experiences, the Handbook addresses the differing roles of multiple national and international actors, as well as the UN led Women, Peace, and Security Agenda. Contributions survey the regulatory framework and gendered dimensions of international humanitarian and international human rights law in situations of conflict and occupation as well as addressing, and critiquing, the gendered nature and content of international criminal law. The Handbook also includes grounded country case studies exploring different gendered experiences of conflict in various regions. As a whole, this Handbook seeks to critically examine the contemporary gender-based challenges that emerge in conflict and post-conflicts contexts.

Keywords: gender, conflict, post-conflict, sexual violence, feminism, United Nations, women, Peace and Security agenda, International actors, peace, war

Annotation:

Table of Contents:

1. Introduction: Mapping the Terrain: Gender and Conflict in Contemporary Perspective
Fionnuala Ní Aoláin

2. Theories of War
Laura Sjoberg

3. From Women and War to Gender and Conflict?: Feminist Trajectories
Dubravka Žarkov

4. The Silences in the Rules that Regulate Women during Times of Armed Conflict
Judith Gardam

5. How should we Explain the Recurrence of Violence Conflict, add What Might Gender Have to do with it?
Judy El-Bushra

6. The Gendered Nexus between Conflict and Citizenship in Historical Perspective
Jo Butterfield and Elizabeth Heineman

7. Violence Conflict and Changes in Gender Economic Roles: Implications for Post-Conflict Recovery
Patricia Justino

8. Victims Who are Men
Chris Dolan

9. Women, Peace, and Security: A Critical Analysis of the Security Council's Vision
Dianne Otto

10. Participation and Protection: Security Council Dynamics, Bureaucratic Politics, and the Evolution of the Women, Peace, and Security Agenda
Anne Marie Goetz and Rob Jenkins

11. A Genealogy of the Centrality of Sexual Violence to Gender and Conflict
Karen Engle

12. 1235 + 17 = ?: Filling in the Blanks of the Women, Peace, and Security Agenda
Kimberly Theidon

13. Complementary and Convergence?: Women, Peace, and Security and Counterterrorism
Naureen Chowdhury Fink and Alison Davidian

14. Unlocking the Potential of CEDAW as an Important Accountability Tool for the Women, Peace and Security Agenda
Pramilla Patten

15. The Promise and Limits of Indicators on Women, Peace and Security
Pablo Castillo Díaz and Hanny Cueva Beteta

16. Humanitarian Intervention and Gender Dynamics
Gina Heathcote

17. (Re)Considering Gender Jurisprudence
Patricia Viseur Sellers

18. Complementarity as a Catalyst for Gender Justice in National Prosecutions
Amrita Kapur

19. Forced Marriageduring Conflict and Mass Atrocity
Valerie Oosterveld

20. Advancing Justice and Making Amenda Through Reparations: Legal and Operational Considerations
Kristin Kalla

21. Colonialism
Amina Mama

22. Conflict, Displacement, and Refugees
Lucy Hovil

23. Gender and Forms of Conflict: The Moral Hazards of Dating the Security Council
Vasuki Nesiah

24. The Martial Rape of Girls and Women in Antiquity and Modernity
Kathy L. Gaca

25. "Mind the Gap": Measuring and Understanding Gendered Conflict Experiences
Amelia Hoover Green

26. Intersectionality: Working in Conflict
Eilish Rooney

27. Agency and Gender Norms in War Economies
Patti Patesch

28. Risk and Resilience: The Physical and Mental Health of Female Civilians during War
Lauren C. Ng and Theresa S. Betancourt

29. The Gender Implications of Small Arms and Light Weapons in Conflict Situations
Barbara A. Frey

30. Unmanned Weapons: Looking for the Gender Dimensions
Christof Heyns and Tess Borden

31. Gender and Peacekeeping
Sabrina Karim and Marsha Henry

32. Peacekeeping, Human Trafficking, and Sexual Abuse and Exploitation
Martina E. Vandenberg

33. Women, Peace Negotiations, and Peace Agreements: Opportunities and Challenges
Christine Bell

34. Women's Organizations and Peace Initiatives
Aili Mari Tripp

35. Gender and Disarmament, Demobilization, and Reintegration: Reviewing and Advancing the Field
Dyan Mazurana, Roxanne Krystalli, and Anton Baaré

36. Decolonial Feminism, Gender, and Transitional Justice in Latin America
Pascha Bueno-Hansen

37. Gender and Governance in Post-Conflict and Democratizing Settings
Lisa Kindervater and Sheila Meintjes

38. Who Defines the Red Lines?: The Prospects for Safeguarding Women's Rights and Securing Their Future in Post-Transition Afghanistan
Sari Kouvo and Corey Levine

39. "That's Not My Daughter": The Paradoxes of Documenting Jihadist Mass Rape in 1990s Algeria and Beyond
Karima Bennoune

40. Consequences of Conflict-Related Sexual Violence on Post-Conflict Society: Case Study of Reparations in Bosnia and Herzegovina
Lejla Hadzimesic

41. Colombia: Gender and Land Restitution
Donny Meertens

42. Knowing Masculinities in Armed Conflict?: Reflections from Research in the Democratic Republic of Congo
Maria Eriksson Baaz and Maria Stern

43. Northern Ireland: The Significance of a Bottom-Up Women's Movement in a Politically Contested Society
Monica McWilliams and Avila Kilmurray

44. Gendered Suffering and the Eviction of the Native: The Politics of Birth in Occupied East Jerusalem
Nadera Shalhoub-Kevorkian

45. Rwanda: Women's Political Participation in Post-Conflict State-Building
Doris Buss and Jerusa Ali

46. Sri Lanka: The Impact of Militarization on Women
Ambika Satkunanathan

Topics: Armed Conflict, Combatants, Displacement & Migration, Forced Migration, Refugees, Economies, War Economies, Conflict, Feminisms, Gender, Masculinity/ies, Femininity/ies, Gendered Discourses, Gender-Based Violence, Gendered Power Relations, Governance, Health, Mental Health, Humanitarian Assistance, Justice, Livelihoods, Peace and Security, Post-Conflict, Peacebuilding, Peacekeeping, Peace Processes, Terrorism, Sexual Violence, Sexual Exploitation and Abuse, Trafficking, UN Security Council Resolutions on WPS, Violence

Year: 2018

The Use of ICTs in Conflict and Peacebuilding: A Feminist Analysis

Citation:

Brown, Clare. 2018. “The Use of ICTs in Conflict and Peacebuilding: A Feminist Analysis.” Australian Feminist Law Journal 44 (1): 137–53.

Author: Clare Brown

Abstract:

The past five years have seen a rapid increase in international attention on and donor funding for the use of Information and Communication Technologies (ICTs) – including Internet platforms, social media, and mobile phone apps – in responding to conflict. With the notable exception of the role of women on social media during the Arab Spring, very little has been written about the use of and focus on these technologies from a feminist perspective. This article will argue that both the objectives of and strategies employed by conflict-related ICTs must be subjected to feminist analysis so as to mitigate the risk that the rush to support, develop, and implement projects in this field are not ultimately damaging to women. It will discuss three of the main purposes of the use of ICTs in conflict: to shape and send messages; to track, store, and distribute information; and to collect evidence. It will also consider three of their primary objectives: to prevent conflict; to assist civilians and decision makers in responding to conflict; and to increase justice and accountability. It will argue that gendered assumptions underlie both the execution of these methods and the way in which these objectives have been understood. Finally, it will make some general recommendations as to how some of these challenges may be better responded to by academics, actors, and donors in the humanitarian field.

Topics: Conflict, Feminisms, Gender, Women, Infrastructure, Information & Communication Technologies, Humanitarian Assistance, Justice, Peacebuilding

Year: 2018

Female Combatants and the Post-Conflict Process in Sierra Leone

Citation:

Cullen, Laura C. 2020. "Female Combatants and the Post-Conflict Process in Sierra Leone." Journal of International Women's Studies 21 (2): 114-125.

Author: Laura C. Cullen

Abstract:

Women and girls had a specific and gendered experience of the civil war in Sierra Leone. They filled the role of combatants, ‘bush wives’, child soldiers, and sexual slaves. As a result of these roles, women are often described as having dual identities of both perpetrators and victims of violence. This duality resulted in the complex question of how to help these women both reintegrate into society and also address the crimes which they are alleged to have committed during the war. In this paper, I argue that these women and girls should be treated as victims due to the fact that their crimes were committed under coercion. I investigate the disarmament, demobilization and reintegration (DDR) process, performing a critique of its gendered assumptions and its inability to provide adequate assistance to females coerced into combat. I perform a critical analysis of the formation and efficacy of the Truth and Reconciliation Commission (TRC). I investigate the Special Court’s treatment of the women and girls who were victims coerced into war and potentially held responsible as if they were perpetrators. In doing so, critical deconstruction of the treatment of these women highlights both the hybrid court’s successes and failures in advocating for these women. Throughout the paper, I explore the question of how the post-conflict reconstruction process should treat women and girls, who are victims but who have discursively been positioned also as perpetrators.

Keywords: female combatants, women combatants, Special Court for Sierra Leone, bush wives, DDR, child soldiers, post-conflict resolutions, international criminal justice, hybrid courts, gendered assumptions in the post-conflict process

Topics: Armed Conflict, Civil Wars, Combatants, Child Soldiers, Female Combatants, DDR, Gender, Women, Girls, Justice, International Tribunals & Special Courts, TRCs, Post-Conflict, Post-Conflict Reconstruction, Sexual Violence, Sexual Slavery Regions: Africa, West Africa Countries: Sierra Leone

Year: 2020

Principled Pragmatism and the ‘Inclusion Project’: Implementing a Gender Perspective in Peace Agreements

Citation:

Bell, Christine, and Kevin McNicholl. 2019. "Principled Pragmatism and the ‘Inclusion Project’: Implementing a Gender Perspective in Peace Agreements." feminists@law 9 (1). 

 

Authors: Christine Bell, Kevin McNicholl

Abstract:

UN Security Council Resolution 1325 of 2000 provided that peace agreements should adopt a ‘gender perspective’. This commitment has been reiterated in women, peace and security resolutions since that time. This article uses a mixed qualitative and quantitative analysis to consider when and how peace agreements have adopted a gender perspective, using a new PA-X peace agreement database to analyse over 1500 peace and transition agreements from between 1990 and 2016.  It goes further to consider how inclusion of women is related to the other forms of political and group inclusion contemplated to form part of the new political settlement. The article begins by examining what might be meant by a ‘gender perspective in peace agreements’.  It maps out when and how peace agreements provide for women, girls and gender, but also for Lesbian, Gay, Bisexual and Trans communities, and for ‘men and boys’ and ‘family’ at different stages of a peace process.  The article provides new data on the implementation of agreement commitments and specifically those issues singled out for attention by UNSC 1325. Finally, we consider the inclusion project on offer to women and its relationship to the conceptualisation of the conflict and its solution, by considering the relationship between gender, power-sharing and transitional justice. In summary, analysis of the dataset provides three main findings.  First provision for women is still largely limited to once-off provisions, or issues relating to the victimhood of women, with holistic attempts to adopt a ‘gender perspective’ relatively rare.  Second, the inclusion of women in peace agreement texts tends to be located in the more comprehensive stages of the agreement, with little consideration given to women and gender at either pre-negotiation stages of a peace process, or implementation stages. Third, surprisingly perhaps, political power-sharing is shown to be strongly correlated with several measures of gender inclusion rather than marking an exclusive focus on the inclusion of the groups at the heart of the conflict.  In conclusion we argue that peace agreements indicate the presence of ‘principled pragmatism’ whereby elite commitments to political equality are used by a range of groups to push for a more pluralist conception of the peace settlement as also concerned with the political equality of groups beyond the conflict actors.

Keywords: women and conflict, gender perspective, peace processes, power-sharing, transitional justice, constitutions

Topics: Conflict, Gender, Justice, Transitional Justice, LGBTQ, Peace Processes, Political Participation, Post-Conflict, UN Security Council Resolutions on WPS, UNSCR 1325

Year: 2019

Mujeres, Polifonías y Justicia Transicional en Colombia: Narrativas Afrocéntricas de la(s) Violencia(s) en el Conflicto Armado

Citation:

Garcia, Paula Medina. 2018. "Mujeres, Polifonías y Justicia Transicional en Colombia: Narrativas Afrocéntricas de la(s) Violencia(s) en el Conflicto Armado." Investigaciones Feministas 9 (2): 309-26.

Author: Paula Medina Garcia

Abstract:

SPANISH ABSTRACT:
A través de una lectura feminista interseccional del escenario de “postconflicto”/post-acuerdo en Colombia, este trabajo analiza: i) la violencia contra las mujeres en contextos de guerra como poder exhibido e instrumental; ii) el impacto de las violencias contra las mujeres afrodescendientes en el conflicto armado –para lo cual se ha utilizado tanto la información disponible del Registro Único de Víctimas (RUV) como los relatos de las víctimas; iii) las múltiples violencias superpuestas que sufren las mujeres afrodescendientes, como parte de un continuum, entendiendo la guerra como un escenario en el que éstas se encarnan y letalizan de forma pública; y iv) la justicia transicional como arena en disputa, especialmente a raíz de la firma de los Acuerdos de Paz. Para ello, se parte de las propias narrativas de las mujeres afrodescendientes como sujetos políticos activos en el proceso de justicia transicional –verdad, reparación y garantías de no repetición–. En esta línea, se parte de una revisión de la víctima qua víctima, adoptando una mirada constructivista de esta categoría –en un intento por superar concepciones esencialistas y paternalistas de la misma–, y abogando por la resignificación de la capacidad de agencia de dichas mujeres para retejer y disputar al Estado el control sobre los procesos de justicia, verdad, reparación y memoria. 
 
 
ENGLISH ABSTRACT:
Through a feminist and intersectional reading of the “post-conflict”/post-agreement context, this study analyses: i) the violence against women as an instrumental and displayed power in war contexts; ii) the impact of violences against afrodescendant women during the armed conflict, drawn from Official Victims’ Registries as well as from their own narratives; iii) the multiple overlapped violences that afrodescendant women suffer, as part of a continuum, understanding war as the setting where the violences are embodied and become more lethal publicly; iv) the transitional justice as contested arena, specially with the signing of the Peace Agreements. For that purpose, the work focuses in the narratives of afrodescendant women as political and active subjects in the transitional justice process, in order to provide truth, reparation and guarantees of non-repetition to victims. In this regard, it reads through the victim qua victim, assuming a constructivist approach to understand this category –as well as we try to overcome essentialist and patronizing perspectives. Finally, this research proposes the resignification of agency ability of these women to redefine and dispute over the State’s control of justice, truth, reparation, and memory processes.

Keywords: afrodescendant women, continuum of violences, transitional justice, Colombia, mujeres afrodescendientes, continuum de violencias, justicia transitional

Topics: Armed Conflict, Ethnicity, Feminisms, Gender, Women, Gender-Based Violence, Justice, Reparations, Transitional Justice, Post-Conflict, Race, Peace Processes, Violence Regions: Americas, South America Countries: Colombia

Year: 2018

Buried in the Heart: Women, Complex Victimhood and the War in Northern Uganda

Citation:

Baines, Erin. 2018. Buried in the Heart: Women, Complex Victimhood and the War in Northern Uganda. Cambridge: Cambridge University Press.

Author: Erin Baines

Annotation:

"In Buried in the Heart, Erin Baines explores the political agency of women abducted as children by the Lord's Resistance Army in northern Uganda, forced to marry its commanders, and to bear their children. Introducing the concept of complex victimhood, she argues that abducted women were not passive victims, but navigated complex social and political worlds that were life inside the violent armed group. Exploring the life stories of thirty women, Baines considers the possibilities of storytelling to reclaim one's sense of self and relations to others, and to generate political judgement after mass violence. Buried in the Heart moves beyond victim and perpetrator frameworks prevalent in the field of transitional justice, shifting the attention to stories of living through mass violence and the possibilities of remaking communities after it. The book contributes to an overlooked aspect of international justice: women's political agency during wartime." (Summary from Cambridge University Press)

Topics: Armed Conflict, Gender, Women, Girls, Justice, Transitional Justice, Sexual Violence, SV against women, Violence Regions: Africa, East Africa Countries: Uganda

Year: 2018

Guarantees of Non-Recurrence of Sexual and Gender-Based Violence against Women after the Khmer Rouge

Citation:

You, Sotheary. 2019. "Guarantees of Non-Recurrence of Sexual and Gender-Based Violence against Women after the Khmer Rouge." Swiss Peace Cambodia Working Paper Series 6/2019, Center for the Study of Humanitarian Law, University of Basel, Basel.

Author: Sotheary You

Abstract:

Four decades after the collapse of the Khmer Rouge regime, Cambodian women continue to suffer from discriminatory social, cultural and economic norms and to experience gender injustice in social and political spheres. Against this background, this paper asks whether and to what extent transitional justice has contributed to providing guarantees of non-recurrence of sexual and gender-based violence (SGBV) against women in Cambodia. This paper examines how the transitional justice process addressed SGBV committed under the Khmer Rouge regime. It shows that transitional justice has not adequately recognized SGBV against women under the Khmer Rouge, that there has been lack of representation of women in the process and that an unfair redistribution of resources after the Khmer Rouge contributed to further discrimination. Drawing from the concept of guarantees of non-recurrence and feminist scholarship on gender justice, this paper highlights how a lack of gender-transformative policy and the government’s lack of capacity to comply with international legal standards has shaped women’s experiences after the Khmer Rouge. It argues that, in order to guarantee the non-repetition of SGBV against women, transitional justice initiatives should aim to address social and cultural injustice effectively; to subvert patriarchal and oppressive norms; and to promote women’s participation in social, economic and political development in Cambodia. It concludes with policy recommendations.

Keywords: Khmer Rouge, guarantee of non-recurrence, transformative reparation, transitional justice, Cambodia, sexual and gender-based violence

Topics: Feminisms, Gender, Women, Gender-Based Violence, Gendered Power Relations, Patriarchy, Justice, Transitional Justice, Political Participation, Sexual Violence, SV against women Regions: Asia, Southeast Asia Countries: Cambodia

Year: 2019

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