Tuesday 27 April 2010

Gender and Transitional Justice in Africa: Progress and Prospects

Abstract

During the past few decades, different models of transitional justice (TJ) have
developed throughout Africa to try to address the mass human rights abuses
that have occurred during conflicts. These mechanisms, both judicial and nonjudicial,
have often failed to adequately tackle the extensive gender-based violence
that has been prevalent on the continent. This article examines the ways truth
commissions, legal mechanisms, reparations, security sector reform efforts,
and traditional mechanisms in Africa have dealt with gender-based human
rights violations. While recent African TJ mechanisms have been innovative in
developing means to address crimes against women, these mechanisms continue
to fail victims. This is in large part because the current discourse on gender and
transitional justice needs to be broadened to better address women’s experiences
of conflict. Future TJ initiatives need to re-examine the types of violations
prioritised, and recognise the continuum of violence that exists in pre-conflict
and post-conflict societies. It is also important to challenge the transitional justice field to stop reducing sexual-based violence to ‘women’s problems’, and explore how men are affected by the gendered dynamics of conflict.
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