Gender mainstreaming in transitional justice: Progress and persistent challenges in retributive and restorative processes.

摘要

The urgency of gendering transitional justice, and indeed larger peacebuilding exercises, cannot be overstated. How does the introduction of gender perspectives in transitional justice shape the status of women in a transitioning society? And how can gender sensitivity be mainstreamed into retributive or restorative mechanisms? These are the two central questions addressed in this study, which applies feminist standpoint epistemology to analyze transitional justice. I consider transitional justice experiences in Yugoslavia, Rwanda, Bangladesh, South Africa and Kenya, using the gender dimensions of each for illustrative purposes to substantiate my argument. I argue that gendering transitional justice is imperative to fulfilling the functions of transitional justice, not least that of facilitating a transition from conflict to sustainable peace, and as such must be approached from a new direction: one that moves away from gender neutrality, or worse- gender based discrimination, and instead towards gender sensitivity. I interpret gender justice as the idea that men and women deserve equal protection and equal redress and that any redress should be based on their experiences in conflict and their needs in transitioning from conflict to peace. Considering the under-researched nature of gender issues in transitional justice, the analysis and discussion in this study offers descriptive, normative and prescriptive value to the theoretical and practical efforts of improving transitional justice institutions and elevating the status of women in post-conflict societies.