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. 9

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