A/HRC/27/21
political or civil strife and instability, women and girls are exposed to heightened risks of
violations of their human rights and higher levels of violence, including sexual violence.
Trafficking in women and girls can be exacerbated owing to the breakdown of political,
economic and social structures, increased militarism and related demands for women’s
sexual, economic and military exploitation.4 During armed conflict, sexual violence is often
used as a tactic of war to humiliate, dominate, instil fear in, disperse and/or forcibly
relocate civilian members of a community or ethnic group.5 Ethnic cleansing and the
destruction of the fabric of family and community are often also part of the deliberate
strategies of warring parties.6
6.
For the United Nations system, transitional justice comprises the full range of
processes and mechanisms associated with a society’s attempt to come to terms with a
legacy of large-scale past abuses, in order to ensure accountability, serve justice and
achieve reconciliation. Transitional justice consists of both judicial and non-judicial
processes and mechanisms, including prosecution initiatives, truth-seeking, reparations
programmes, institutional reform or an appropriate combination thereof.7 Furthermore,
comprehensive national consultations, particularly with those affected by human rights
violations, have been recognized as critical element of transitional justice.8
7.
Addressing gender-based and sexual violence in societies transitioning from conflict
or repressive rule is vital to ensuring accountability and sustainable peace. Transitional
justice processes can help to realize the rights of victims of such violence and can be
instrumental in identifying and dismantling the underlying structural discrimination that
enabled it to occur. As such, it is important to ensure that victims of gender-based and
sexual violence are consulted effectively, that they receive adequate redress for violations,
that women can fully participate in transitional justice processes and that their rights and
perspectives are adequately reflected therein.
8.
There has been an increased focus on the effective participation of victims in
transitional justice processes, and the participatory procedures necessary to address the
different needs of and opportunities for women, men, girls and boys. Security Council
resolution 1325 (2000) and subsequent Council resolutions on women, peace and security,
including resolution 2122 (2013), recognized the need to include women in all aspects of
peacemaking, post-conflict reconstruction and peacebuilding. This includes the design,
implementation and evaluation of transitional justice processes,
III. National consultations
9.
National consultations are a critical element of the human rights-based approach to
transitional justice, and are founded on the principle that successful strategies require
meaningful public participation. Consultations around the design, implementation and
evaluation of transitional justice mechanisms are key to ensuring that those mechanisms are
relevant and empowering to those affected by them. Without the consultation and
participation of women and girls, transitional justice initiatives are likely to reflect only
men’s concerns, priorities and experiences of violence and to largely overlook gender4
5
6
7
8
4
Committee on the Elimination of Discrimination against Women, general recommendation No. 30
(2013), para. 39.
Security Council resolution 1820 (2008).
UN-Women, A Window of Opportunity: Making Transitional Justice Work for Women (2012), p. 2.
S/2004/616, para. 8.
See the Guidance note of the Secretary-General on the United Nations approach to transitional justice
(2010).
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