Participation in Transitional Justice Processes by Survivors of Sexual and Gender-Based Violence Submission to the Office of the High Commissioner for Human Rights

2021 ◽  
Vol 9s2 ◽  
pp. 35-52
Author(s):  
Elias O. Opongo

Highlighting the place and role of women in transitional justice processes draws attention to two main aspects: the need for a holistic approach to transitional justice processes, and paying attention to the sensitive nature of gender-based violence in the whole cycle of truth commissions from articulation of the mandate of the commission, composition of the commissioners, categorisation of crimes, to the writing and implementation of the final report. A feminist advocacy approach to transitional justice is framed under a critical feminist strategy that draws attention to diverse forms of human rights violations against women in situations of conflict; structures of exclusion of women�s concerns; the agency and presence of women in truth commission processes. Hence, discourse on gendering transitional justice processes has recently emerged, especially given that women have been targeted in conflict situations, giving rise to sexual and gender-based violence, and indiscriminate killing of women despite their non-combatant role. This article discusses the extent of marginalisation of cases of women�s gross human rights violations in truth commission processes, while acknowledging positive attempts made so far, through critical feminism, to include women�s concerns in these processes.


2020 ◽  
Vol 7 (2) ◽  
pp. 32-46
Author(s):  
Yetimwork Anteneh Wondim

Irrespective of their contribution, women in Ethiopia have been facing issues like violence, gender-based discrimination, access to education and training, lack of basic human rights protection, and others. Girls' enrollment in education at all levels is much lower than boys. Female education is hampered mainly by the sexual division of labor, which confines girls to household activities. In addition, women have been suffering from gender-based violence under the guise of tradition and culture but condoned by society. In response to these problems, the Government of Ethiopia adopted relevant instruments pertaining to gender including the Convention for the Elimination of All Forms of Discrimination Against Women (CEDAW), The Beijing Platform for Action, The Ethiopian Constitution, and various other policies and establishing the national machinery for addressing gender issues. However, several challenges still exist in the realization of women's rights. Therefore, all the respect and protection given for human rights should also be given to women because women's rights are human rights.


2020 ◽  
Vol 16 (4) ◽  
pp. 389-414
Author(s):  
Helen Jane Liebling ◽  
Hazel Rose Barrett ◽  
Lillian Artz

Purpose This British Academy/Leverhulme-funded research (Grant number: SG170394) investigated the experiences and impact of sexual and gender-based violence (SGBV) and torture on South Sudanese refugees’ health and rights and the responses of health and justice services in Northern Uganda. Design/methodology/approach It involved thematic analysis of the narratives of 20 men and 41 women refugees’ survivors of SGBV and torture; this included their experiences in South Sudan, their journeys to Uganda and experiences in refugee settlements. In total, 37 key stakeholders including health and justice providers, police, non-government and government organisations were also interviewed regarding their experiences of providing services to refugees. Findings All refugees had survived human rights abuses carried out in South Sudan, on route to Uganda and within Uganda. Incidents of violence, SGBV, torture and other human rights abuses declined significantly for men in Uganda, but women reported SGBV incidents. The research demonstrates linkages between the physical, psychological, social/cultural and justice/human rights impact on women and men refugees, which amplified the impact of their experiences. There was limited screening, physical and psychological health and support services; including livelihoods and education. Refugees remained concerned about violence and SGBV in the refugee settlements. While they all knew of the reporting system for such incidents, they questioned the effectiveness of the process. For this reason, women opted for family reconciliation rather than reporting domestic violence or SGBV to the authorities. Men found it hard to report incidences due to high levels of stigma and shame. Research limitations/implications Refugees largely fled South Sudan to escape human rights abuses including, persecution, SGBV and torture. Their experiences resulted in physical, psychological, social-cultural and justice effects that received limited responses by health and justice services. An integrated approach to meeting refugees’ needs is required. Practical implications The authors make recommendations for integrated gender sensitive service provision for refugees including more systematic screening, assessment and treatment of SGBV and torture physical and emotional injuries combined with implementation of livelihoods and social enterprises. Social implications The research demonstrates that stigma and shame, particularly for male refugee survivors of SGBV and torture, impacts on ability to report these incidents and seek treatment. Increasing gender sensitivity of services to these issues, alongside provision of medical treatment for injuries, alongside improved informal justice processes, may assist to counteract shame and increase disclosure. Originality/value There is currently a lack of empirical investigation of this subject area, therefore this research makes a contribution to the subject of understanding refugees’ experiences of SGBV and torture, as well as their perceptions of service provision and response. This subject is strategically important due to the pressing need to develop integrated, gendered and culturally sensitive services that listen to the voices and draw on the expertise of refugees themselves while using their skills to inform improvements in service responses and policy.


2018 ◽  
Vol 112 ◽  
pp. 83-84
Author(s):  
Alice M. Miller

Human rights advocacy today engages with criminal law at international and national levels with a new and rather conflicted posture. It is reorienting from an approach that primarily treated human rights as a shield from (unjust) prosecutorial and carceral power, and toward one calling for criminal penalties and vigorous prosecutions as a remedy for harms. The human rights abuses for which state prosecution is invoked today include not only past and present state violations, such as torture, but crimes by non-state actors, such as sexual and gender-based violence. At the same time, paradoxically, many rights groups are calling for the review and reduction of criminal regulation of a range of sexual and reproductive health practices, including abortion, consensual sexual conduct outside of marriage (same sex, heterosexual, and sex for money), and HIV transmission.


2021 ◽  
pp. 101053952110143
Author(s):  
Sonia Mukhtar ◽  
Shamim Mukhtar ◽  
Waleed Rana

This article explores the development and implementation of inclusive COVID-19 (corona disease 2019) Feminist Framework (CFF) on the equitability of response for researchers, health care advocates, and public health policymakers at international platforms. Mechanism of CFF entails the process to address and mitigate the institutional inequities, violation of human rights, public health, and race/sex/gender-based violence amid COVID-19. This framework is about institutional building, raising consciousness, ensuring freedom, collective liberation, bodily autonomy, equality, and giving women, children, BIPOC, LGBTQIA+, and racial- and gender-diverse people the freedom to make choices to promote a sense of greater control over their own lives.


Author(s):  
Pascha Bueno-Hansen

This chapter examines the struggles and gaps between the protagonism of rural Andean women, or campesinas, and the priorities of the human rights and feminist movements in Peru as they try to address the ever-growing number of victims and survivors of the internal armed conflict. The armed conflict pitted the armed forces versus the Shining Path; both sides demanded allegiance from rural communities. From the beginning, campesinas were at the forefront of local efforts to denounce human rights violations and address the needs of affected people with the help of church groups and human rights advocates. Peruvian human rights and feminist movements presented the strongest potential for taking on the defense of campesinas' rights. This chapter considers how social exclusions marginalized campesina voices in the transitional justice process and how and why, despite campesina protagonism and human rights and feminist movements' best intentions, the gender-based violence directed at campesinas during the armed conflict slipped through the cracks. It also looks at the founding of the Women for Democracy, or Mujeres por la Democracia (MUDE), in 1997.


Author(s):  
Pascha Bueno-Hansen

This book examines how social inequality functions within Peru's transitional justice process by focusing on the gender-based violence that occurred during the internal armed conflict of 1980–2000. It considers how Peruvian human rights and feminist movements, the Peruvian Truth and Reconciliation Committee (PTRC), and a feminist nongovernmental organization—the Estudio por la Defensa de los Derechos de la Mujer, or Study and Defense of Women's Rights (DEMUS)—negotiated between implementing international human rights law and holistically addressing gender-based violence. It also explores how gender norms influence what violations the Peruvian human rights movement, and later the PTRC, prioritize; how gender norms influence dominant representations of women in the PTRC public hearings and sexual violence legal cases; and how the temporally bound nature of transitional justice exists in tension with the continuum of violence. Finally, the book discusses the influence of other social factors, such as ethnicity, language, class, and culture, on gender-based violence during the internal armed conflict.


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