WUNRN
International
Center for Transitional Justice
Transitional justice is a response to systematic or widespread violations of human rights. It seeks recognition for victims and to promote possibilities for peace, reconciliation and democracy. Transitional justice is not a special form of justice but justice adapted to societies transforming themselves after a period of pervasive human rights abuse. In some cases, these transformations happen suddenly; in others, they may take place over many decades.
GENDER & TRANSITIONAL JUSTICE
Gender-based violence is endemic in recent conflicts, and women are disproportionately affected. Transitional justice mechanisms offer a means to address these abuses and pursue gender justice. They also provide an opportunity to promote women’s leadership, enhance access to justice and build momentum for fundamental women’s rights reform. ICTJ’s Gender Justice Program seeks to promote truth, justice and accountability for gender-based human rights violations.
Background
Despite increased international attention to the gender dimensions of conflict, the transitional justice field remains largely gender-blind. Significant developments such as the growth of international jurisprudence on gender-based violations and resolutions such as UN Security Council Resolution 1325 and 1820 on women, peace and security have not been mirrored by the coherent integration of gender justice concerns in transitional justice initiatives.
Despite some ad-hoc efforts, recent examples of truth commission mandates, judicial opinions, reparations programs and policy reform proposals have shown little regard for the distinct and complex nature of gender-based violations.
Nevertheless, transitional justice mechanisms have the potential to reveal gendered patterns of abuse and the factors that made such abuse possible. In addition, transitional justice measures can assist gender activists in challenging structural causes of gender inequality. Recommendations made by truth commissions and reparations programs can challenge discriminatory practices that contribute to women’s vulnerability during conflict, as well as the long-term consequences of gender-based violations.
The participation of women’s rights groups and victims in shaping and implementing transitional justice policies is critical to achieving gender justice. While women are rarely adequately represented at peace negotiations, transitional justice mechanisms offer women other opportunities to participate in and influence the peace-building process.
Unfortunately, women’s rights groups are often isolated from mainstream human rights organizations, so they are usually not vocal in civil society coalitions shaping and monitoring transitional justice processes. More effort is needed to engage these groups in discussions and capacity building on transitional justice issues, and to strengthen the contribution of transitional justice initiatives to gender justice.
ICTJ Activity
ICTJ’s Gender Justice Program ensures gender concerns are mainstreamed in our programming, and to provide new insight into the intersection of gender and transitional justice. Working since 2005, the program has developed expertise in assisting post-conflict societies to challenge impunity for gender-based violations by supporting women’s struggles for accountability.
The Gender Justice Program has three strategic objectives:
To increase women’s participation, leadership, and expertise in transitional justice initiatives in post-conflict contexts
ICTJ provides gender activists on the ground with technical support, and strengthens their policy influence by linking them to a global transitional justice network. ICTJ’s efforts include capacity building before transitional justice mechanisms have been put in place and facilitating initiatives to allow women a platform to participate in ongoing processes.
To strengthen the field of gender and transitional justice for policymakers and civil society through knowledge production and exchange
The program’s ongoing global analysis of the gender dimensions of transitional initiatives contributes strongly to ICTJ’s expertise. Based on lessons learnt and best practice methodologies, ICTJ has developed effective resource materials to share this expertise with others, including country case studies and an operational handbook on truth commissions.
To advance accountability measures for sexual and gender-based violence at the local and international level
There has been limited success in prosecuting crimes of sexual violence at the domestic or international level, despite clear evidence of extraordinary rates of sexual violence in many conflict situations, and increasing recognitions of these crimes in international law
Strengthening transitional mechanisms in the area of prosecutions—and more creatively through reparations and truth-telling—is therefore critical to confront ongoing impunity for gender-based human rights violations and international crimes.