On the Frontlines Gender, War, and the Post-Conflict Process

by Ní Aoláin, Fionnuala; Haynes, Dina Francesca; Cahn, Naomi

• ISBN13: 9780195396652
• ISBN10: 0195396650
• Format: Paperback
• Copyright: 2011-11-16
• Publisher: Oxford University Press

Summary

Gender oppression has been a feature of war and conflict throughout human history, yet until fairly recently, little attention was devoted to addressing the consequences of violence and discrimination experienced by women in post-conflict states. Thankfully, that is changing. Today, in a variety of post-conflict settings--the former Yugoslavia, Afghanistan, Colombia, Northern Ireland --international advocates for women's rights have focused bringing issues of sexual violence, discrimination and exclusion into peace-making processes. InOn the Frontlines,Fionnuala Ní Aoláin, Dina Francesca Haynes, and Naomi Cahn consider such policies in a range of cases and assess the extent to which they have had success in improving women's lives. They argue that there has been too little success, and that this is in part a product of a focus on schematic policies like straightforward political incorporation rather than a broader and deeper attempt to alter the cultures and societies that are at the root of much of the violence and exclusions experienced by women. They contend that this broader approach would not just benefit women, however. Gender mainstreaming and increased gender equality has a direct correlation with state stability and functions to preclude further conflict. If we are to have any success in stabilizing failing states, gender needs to move to fore of our efforts. With this in mind, they examine the efforts of transnational organizations, states and civil society in multiple jurisdictions to place gender at the forefront of all post-conflict processes. They offer concrete analysis and practical solutions to ensuring gender centrality in all aspects of peace making and peace enforcement.

Author Biography

Fionnuala N Aolin is Dorsey Whitney Chair in Law at the University of Minnesota Law, and School Professor Associate Director of the Transitional Justice Institute at the University of Ulster. Dina Francesca Haynes is Professor of Law and Director of the Human Rights and Immigration Law Project at New England Law, Boston. Naomi Cahn is John Theodore Fey Research Professor of Law at George Washington University Law School.

Table of Contents

Acknowledgments	p. xi
Introduction	p. 3
Key Threads and Themes	p. 7
Gender Centrality	p. 10
Relevant International Norms	p. 15
Conflict and Its Dynamics
Before, During, and After Conflict: The Connections for Women	p. 27
Mapping the Status of Women Prior to Conflict	p. 28
Some Relevant Measures	p. 31
Gender, Law, and Social Capital	p. 34
A Practical Assessment of the Before and After	p. 36
Gender and the Forms and Experiences of Conflict	p. 40
Women as Political and Military Actors	p. 42
Violence, Women, and Victimization	p. 45
Masculinities and Conflict	p. 49
Conclusion	p. 55
Toward Peace
The Significance of Security: Realizing Peace	p. 59
Is Gender Central to Security?	p. 61
Security Reform and Transition	p. 62
Critique of Mainstream Approaches to the Concept of Post-Conflict Security	p. 66
Is Security the Same for Men and Women?	p. 67
Security Reform Meets Pervasive Violence and Discrimination	p. 70
A New Paradigm of Gendered Security	p. 74
Conclusion	p. 79
Engendering International Intervention	p. 81
International Interventions	p. 83
Types and Phases of Post-Conflict Intervention and Their Potential Gender Impact	p. 85
The Actors	p. 89
Toward Gender-Positive Intervention	p. 95
Capturing and Retaining Gender Equity Achieved During War	p. 101
Conclusion	p. 102
Peacekeeping	p. 105
Parameters and Status of Peacekeeping Missions	p. 106
Identifying the Peacekeepers	p. 108
Masculinities of Peacekeeping	p. 109
Positive and Negative Lessons Learned from Peacekeeping Missions	p. 112
Positives and Negatives of Employment and Economic Stimulus	p. 113
Positives and Negatives Associated with Gender-Cultural Interactions	p. 114
Sexual Violence and Peacekeeping Missions	p. 115
What Would Gender-Positive Peacekeeping Encompass?	p. 117
Legal Accountability	p. 118
Training for Peacekeepers	p. 122
Codes of Conduct	p. 125
Added Gender Roles in Peacekeeping	p. 127
Conclusion	p. 129
Disarmament, Demobilization, and Reintegration (DDR) Programs	p. 131
DDR Programs: What Happens?	p. 132
The Power of Gender and DDR	p. 133
Deconstructing DDR Programs	p. 136
Reconstructing DDR Programs	p. 138
Special Accommodations for Women and Girls	p. 142
Attention to Masculinities	p. 144
The Ways Forward	p. 148
Conclusion	p. 150
International and Local Criminal Accountability for Gendered Violence	p. 152
Sex-Based Violence and Accountability in International Law	p. 153
The Legal Journey to Codify Gendered Crimes in Armed Conflicts	p. 156
Evidentiary Rules and Sexual Violence	p. 164
Other Accountability Mechanisms-Restorative Justice and Other Practices	p. 168
Conclusion	p. 172
Remedies	p. 175
Truth Processes	p. 176
The Gendered Dimensions of Truth Recovery	p. 179
How Can Truth Recovery Mechanisms Centralize Gender?	p. 185
Reparations	p. 186
Lustration, Vetting, and Gender	p. 192
Conclusion	p. 195
Law Reform, Constitutional Design, and Gender	p. 197
Gender and the Rule of Law in Post-Conflict Societies	p. 199
Constitutional Transformation and Post-Conflict Processes	p. 204
Process: Peace Agreements as Constitutional Documents	p. 205
Peace Agreements, Constitutions, and Customary Law	p. 210
Gendered Dimensions of Constitution Drafting in Implementation Agreements	p. 212
Constitutional Gender Centrality-Substance and Export	p. 215
Reproductive Rights	p. 219
Conclusion	p. 222
Reconstruction and Development
Gender and Governance	p. 229
Post-Conflict Governance	p. 231
The Gendered Components of Post-Conflict Governance Programs	p. 232
Institution Building	p. 241
Governance Conflated with Economic Reconstruction and Democratization	p. 244
Gendering Governance	p. 249
Conclusion	p. 253
Development Infrastructure: Economics, Health, and Education	p. 254
The Differing Directions of Post-Conflict and Development Fields	p. 256
Gender Centrality in Development	p. 259
Social Services Justice as the Integration of Post-Conflict Processes and Development	p. 262
Long-Term Development	p. 267
Conclusion	p. 271
Notes	p. 273
Index	p. 347
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