A/HRC/23/44
available, has proven invaluable to IDW seeking access to justice for SGBV, as well as for
other crimes and legal claims.
39.
Furthermore, in the absence of rule of law that characterizes many conflict and
post-conflict contexts and where women’s access to formal justice mechanisms may be
compromised by lack of documentation, illiteracy and absence of or restricted access to
judicial structures, it is important for the humanitarian community to engage with
alternative dispute resolution processes (including customary, religious and local
governance structures) to promote women’s access to land and housing and resolve
disputes over central issues such as inheritance. 41 International development actors also
have a critical role to play in working alongside national actors to respond to these concerns
and support more concerted efforts to evaluate interventions and identify best practices in
this field.
40.
In addition to promoting access to criminal and civil justice systems for IDW, it is
also essential to consider how their concerns are addressed through transitional justice
processes. Transitional justice measures such as restitution, compensation, trials and truth
and reconciliation commissions can contribute to recognizing and redressing the violations
experienced by IDW, and in turn supporting sustainable solutions to displacement.
Maximizing these contributions depends upon ensuring their accessibility, equitability and
relevance to the priorities of IDW. For instance, reparation programmes can be calibrated to
mitigate pre-existing structural inequalities, such as biased inheritance or other practices,
for example by recognizing customary marriages in order to facilitate recognition of
succession and inheritance rights and displaced women and men as co-claimants, or by
distributing compensation benefits on an individual rather than family-unit basis, so as to
increase women’s control over the use of their share.42 In countries where the presence of
formal legal institutions is limited at the local level, and alternative dispute-resolution
mechanisms or customary justice are de facto the main accessible form of justice,
programmes should consider engaging with these to sensitize them to national and
international standards and progressively redress discriminatory customary practices.
41.
International and national actors should also be accountable to IDW for delivery of
effective protection and assistance programmes, a challenge currently largely unmet.
Integrating a stronger gender lens into initiatives such as the Humanitarian Accountability
Partnership Standard in Accountability and Quality Management and more accessible and
trusted complaints and response mechanisms at field level constitute important steps
towards addressing this challenge. Increasing donor accountability towards IDW entails
more effectively integrating gender issues into donorship practices, including through tools
like the gender marker.
5.
Implementing meaningful participatory approaches and supporting internally
displaced women’s mobilisation
42.
Gender-sensitive responses to internal displacement require the full and equal
participation of women in decision-making at all stages of displacement and in
41
42
14
For example, the Information, Counselling and Legal Assistance Programme of the Norwegian
Refugee Council.
Lucy Hovil, “The Nexus Between Displacement and Transitional Justice: A Gender-Justice
Dimension” in Roger Duthie (ed.), Transitional Justice and Displacement (New York, International
Center for Transitional Justice (ICTJ) and Brookings-LSE Project); Brookings-ICTJ, “Transitional
Justice and Displacement: Challenges and Recommendations” (2012); report of the Special
Rapporteur on violence against women, its causes and consequences, to the Council on reparations for
women subjected to violence (A/HRC/14/22).
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