A/HRC/14/22
Guarantees of non-repetition
62.
Guarantees of non-repetition offer the greatest potential for transforming gender
relations. In promising to ensure non-recurrence, such guarantees trigger a discussion about
the underlying structural causes of the violence and their gendered manifestations and a
discussion about the broader institutional or legal reforms that might be called for to ensure
non-repetition. A gender-sensitive reparations programme should seize this opportunity to
advance, as part of the venture of constructing a new and more inclusive democratic order,
a society that overcomes the systemic subordination of women.
63.
In the aftermath of violent conflict, when “normalcy” is restored, women are subject
to new and sometimes higher levels of violence from men whom they know in the family
and the community. Internalization of violent mechanisms of conflict resolution,
accumulated and unresolved feelings of male impotence and frustration, male anxiety
around the empowerment of women who have become politically visible during the conflict
or simply the increased vulnerability of women may be some of the reasons that make
women the targets of rising levels of violence after official peace or democracy has been
declared. Reparations programmes that take place at one given point in time and inevitably
look to the past have inherent limitations to address future violations. However, the type of
guarantees of non-repetition can ground practical obligations on the part of the State to take
into account the foreseeable short- and medium-term legacies of its violent past for women
and, more specifically, adopt measures to avoid the exploitation of new forms of
vulnerability.
64.
Guarantees of non-repetition, if duly implemented, have the potential to detect the
enabling conditions and long-term legacies of gender violence, and can therefore be a
suitable platform for broader structural reforms for all women, not just victims, and hence
for the construction of a more inclusive and gender-just political order. Furthermore,
guarantees of non-repetition can help victims in the rehabilitation process, especially when
they are involved and consulted in the process of formulating those guarantees.
Women and collective reparations
65.
Recently, the notion that reparations benefits can be distributed to collectivities has
garnered interest and support. Both the Basic Principles and Guidelines and the updated set
of principles for the protection and promotion of human rights through action to combat
impunity12 endorse the idea of collective reparations. However, the term “collective
reparations” is ambiguous; “collective” is both used to qualify the “reparations”, i.e., the
types of goods distributed or the mode of distributing them, and the “subject” who receives
them, namely, collectivities, including ethnic or racial groups who might have been
particularly targeted. Despite an increased interest in exploring collective forms of
reparation, virtually no discussion is taking place on how this interest may intersect with
interest in doing justice to women through reparations programmes.
66.
A form of collective harm that deserves particular attention is group-based harm as a
result of group-based affiliation. Collective measures of redress may be thought of as
particularly apposite to address the legacy of violence on the identity or status of groups
such as indigenous peoples. Women or children, however, are rarely thought of in
collective terms, even though gender-specific and age-specific forms of violence happen to
women and children precisely because they are women and children. Women and girls
should not be rendered invisible under the notion of the collective and should be consulted
at all stages of discussions.
12
GE.10-13109
E/CN.4/2005/102/Add.1.
17
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