A/HRC/39/53
training for all commissioners and other members of transitional justice mechanisms in the
design and implementation of a gender-sensitive strategy; the challenges of ensuring that
reparation schemes are gender-sensitive; and the need to ensure women’s access to land in
the context of reparations and land reform.
54.
Most debates in the field of transitional justice with regard to gender remain focused
on women as victims of sexual violence. Another recurrent key aspect analysed in theory
and practice pertains to reparations and their potential transformative nature (A/69/518,
paras. 72). 1 The Special Rapporteur intends to identify, analyse and share practical
experiences of reparations with a built-in gender perspective, in consultation with
stakeholders, in a thematic report in the coming year (see also paras. 39–40 above).
55.
In addition, the Special Rapporteur will, in a future thematic report, thoroughly
examine and identify the multi-layered aspects of a gender perspective in the four elements
of the mandate.
56.
A number of pertinent issues relate to strengthening women’s involvement and
participation in the conceptualization, design and implementation of national transitional
justice strategies and mechanisms. In many contexts, the important potential of women in
these crucial processes remains largely unutilized, neglected or unrecognized. In this
connection, the work of the Special Rapporteur will have to take into account the relevant
political and social factors that constrain the inclusion of women. While in many situations
women made a crucial contribution to local, community-based initiatives, they are rarely
involved decision-making processes.
57.
The processes surrounding peace agreements, which remain frequently in the hands
of political and military (elite) male representatives, are a case in point. Moreover, despite
their substantive contribution to bringing about political transformation, women frequently
fail to gain from the reform policies adopted. The more inclusive character of more recent
experiences nonetheless give some hope. It is therefore also important to shed more light on
the preconditions that would create an enabling environment for women in their diversity,
to allow them to take a more proactive role in these processes.
58.
Another topic that should be elaborated in this context is how education — both
formal and informal — and civic and political socialization can contribute to maintaining
patriarchal “masculinities” that affect the shape and implementation of transitional justice
processes.
E.
Transitional justice and non-State actors
59.
Like the protection and promotion of human rights, the field of transitional justice
struggles with the fact that the current international legal framework remains centred on the
State. While the Special Rapporteur notes some important developments in international
law, including the Rome Statute of the International Criminal Court and soft law standards
pertinent to some areas of transitional justice, he stresses that the legal framework has not
yet adjusted to the factual power and control exercised by non-State actors. This has
repercussions not only in terms of abuses committed by non-State actors against individuals
and the question of their redress on an equal footing as for victims of human rights
violations committed by the State, but also on how transitional justice measures should be
designed and equipped to suit situations on the ground.
60.
When dealing with non-State actors, the overwhelming majority of practitioners’
work and academic writings is dedicated to conflict (and post-conflict) situations and the
existence of armed opposition groups, paramilitary groups, terrorist groups, mercenaries,
mafia-type organizations, urban gangs and other similar groups, and their various structures
and operational modes. The impact of such non-State actors has not, however, been
systematically analysed in the context of the question of the adequacy of transitional justice
mechanisms, particularly in weakly institutionalized post-conflict situations, which have
1
See also Guidance note of the Secretary-General, “Reparations for conflict-related sexual violence”,
available at www.ohchr.org/Documents/Press/GuidanceNoteReparationsJune-2014.pdf.
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