A/HRC/27/21
17.
The truth commissions in Guatemala, South Africa and Peru, which were pioneers in
addressing gender-based and sexual violence, have been important reference points for later
commissions. In Peru, for instance, the truth commission established a specific gender unit,
and dedicated two chapters of its final report to gender issues, including gender-based and
sexual violence.18 Other important examples of truth commissions that addressed genderbased and sexual violence include those in Kenya, Liberia, Morocco, Sierra Leone,
Solomon Islands and Timor-Leste.
18.
While dedicated attention to sexual violence continues to be critically important,
there is growing acknowledgement that truth commissions have a unique role to play in
uncovering the root causes of such violence and the complexity of its effects. The report of
the Kenyan truth commission includes a lengthy chapter on sexual violence, and another on
gender and gross violations of human rights, in which the commission explored patterns of
discrimination and displacement, as well as the record of women’s political participation
and their historical role in peacemaking.19
19.
Incorporating issues of gender-based and sexual violence into the work of a truth
commission, including research, outreach, statement taking and report writing, requires a
considerable commitment in the context of a truth-seeking mandate that is already
challenging.20 This may also include consideration of the economic, social and cultural
dimensions of violations that disproportionately affect women, children and other specific
groups.21 In Peru, the truth commission explored gender dimensions of the economic causes
and consequences of violations, including the displacement of women and children and the
rise in the number of female-headed households.
20.
In Sierra Leone, the truth commission addressed violations of economic, social,
cultural, civil and political rights and looked at linkages between pre-existing gender
inequality and the gender-based and sexual violence that was prevalent during that
country’s civil war. In its report, the truth commission made broad recommendations aimed
at transforming gender relations, including through law reform; improvements to women’s
access to justice; abolishment of discriminatory customs; education programmes; and the
economic empowerment of women. Furthermore, the truth commission in Guatemala
concluded that sexual violence was systematically directed at rural Mayan women during
the conflict.
21.
A number of factors may support a commission’s capacity to undertake a gendersensitive analysis and the likelihood that it will do so. While it is certainly possible for a
commission to give sustained attention to issues of gender-based and sexual violence even
without a specific mandate to that effect, there are many advantages to identifying such
issues specifically in its legal framework.22 Those drafting a legal framework for a truth
commission should take into account the importance of gender-based and sexual violence
in the history of the conflict. In most cases, it is recommended that this issue be identified
specifically in a commission’s mandate.23 Additionally, it is important to ensure that a
18
19
20
21
22
23
Comisión de la Verdad y Reconciliación: Informe Final, vol. VI, chap. 1, sects. 5 and 8, and vol. VIII,
chap. 2, sect. 1.
Report of the Truth, Justice and Reconciliation Commission (Kenya, 2013), vol. II A, chap. 6, and
vol. II C, chap. 1.
See A/HRC/24/42.
OHCHR, Transitional Justice and Economic, Social and Cultural Rights (United Nations publication,
Sales No. E.14.XIV.3), pp. 17 and 21.
UN-Women, A Window, p. 12.
Rashida Manjoo, “The South African Truth and Reconciliation Commission–a model for gender
justice?” (2004), p. 18. See also United Nations Transitional Administration in East Timor Regulation
2001/10, which required that a gender-sensitive approach be integrated into all aspects of the
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