DAY 4 // NOVEMBER 28, 2012
Conflict Related Sexual Violence
NOVEMBER 29, 2012
Transitional Justice
What is Transitional Justice?

Transitional Justice is a RESPONSE to systemic or widespread violations of human rights during transition from war to peace. The purpose of transitional justice is to deal with the past to ensure accountability, serve justice, achieve reconciliation and rebuild social trust, repair the justice system and build democratic governance including rule of law. The aim is to ensure:
  • - right to justice including judicial and more community based reconciliation mechanisms
  • - right to truth including truth and reconciliation commissions and fact finding missions
  • - right to reparations both material and symbolic, individual and collective
  • - duty of prevention (guarantees of non-recurrence) including institutional reform
What is Reparation?

Reparations seek to redress gross and systemic violation of human rights by providing a range of material and symbolic remedy to survivors in order to restore the original situation before the violations took place including property restitution; public recognition of the harm suffered and public apology; monetary or in-kind compensation and rehabilitation, including medical and psychological services, educational support and vocation training.

What is Gender Sensitive Transitional Justice?

Human rights violations may impact women and men in different ways. Predominately women experience conflict related sexual violence while transitional justice measures tend to ignore these violations.

The pursuit of gender sensitive justice includes:
  • - prosecutions for rape and other forms of sexual violence
  • - reparations delivery to groups of women and their families
  • - non-discriminatory access to governmental services
  • - construction of memorials
  • - institutional reform that ensures the rights and needs of women including equal access to justice
Too often in post-conflict settings female survivors of sexual assault are left with little community support, insufficient economic means to sustain themselves and deep physical and psychological trauma.
The "invisible" war against women became visible during armed conflicts in the 1990s, reaching the point where no one could turn a blind eye anymore. An international criminal prosecution system was established including the International Criminal Tribunal for Former Yugoslavia (ICTY).

In a number of landmark judgments, the tribunals including the ICTY advanced the development of international justice in the realm of gender crimes by enabling the prosecution of sexual violence. In Resolution 1820, adopted by the UN Security Council in 2008, it was affirmed that "rape and other forms of sexual violence can constitute war crimes, crimes against humanity or a constitutive act with respect to genocide."

Despite this, women have had limited access to justice and recognition as civilian victims of war entitled to reparation. The groups receiving reparation from the state are mostly male war veterans and political prisoners, or families of martyrs, while the rights of survivors of conflict related sexual violence, predominantly women, are ignored and their needs neglected. Unequal Access to Justice and Reparation for Women Constitutes Serious Gender Discrimination.

What do survivors of conflict related sexual violence in Kosovo want?
Recommendations from the Open Day on Women, Peace and Security 12 September 2012:
  • - Legal recognition of women survivors of sexual violence during armed conflict
  • - Support from the Government in addressing matters pertaining to sexual violence related to armed conflict
  • - Establishment of a central database on survivors of conflict related sexual violence to help coordinate efforts to increase access to justice and the right to reparation
  • - Improved access to healthcare, in particular to psychosocial care
  • - Right to inheritance and property fully implemented.
  • - Training of the legal profession to deal with cases of survivors of conflict related sexual violence gender sensitively
  • - Community awareness raised, including through media, to increase sensibility and knowledge on the fact that sexual violence during armed conflict represents an outrage upon personal dignity and a violation of international human rights and humanitarian law, which can amount to a war crime or a crime against humanity.

comments powered by Disqus
DAY 6 // NOVEMBER 30, 2012
Human Trafficking
DAY 7 // DECEMBER 1, 2012
Women’s Economic Security
DAY 8 // DECEMBER 2, 2012
Child Marriage and Violence