Justice in Transitional Societies: has gender become a central issue?
accountable for gross violations or where those responsible are unwilling or unable to meet their obligations. In addition to this, UN Security
Council Resolution 1325 (2000) also detailed the recommendations on
supplying reparations for survivors of gender-harms, such as, increasing financial support for survivors of gender based and sexual violence
(Askin 2002: 517).
Although the link between reparations and gender-harms appears to
have been highlighted by international law, the application of reparation
programmes with sensitivity shown towards gender still appears to be a
challenge in practice (UN 2013: 2). The Peruvian TC detailed in its findings that the Comprehensive Plan of Reparations be implemented with
the promotion of gender equity. However, the follow-up body, the High
Level Multisectoral Commission (Comisión Multisectorial de Alto Nivel), which was responsible for the drafting of the reparations program,
failed to implement this recommendation into the programme (Duggan
2011: 206). This shows that there is a clear recognition of the importance
to advance gender as a central issue in transition, but ultimately a failure
in practice.
In addition to the Peruvian TC’s recommendations, other case studies
point towards a similar conclusion, where institutions include a role
for gender in their mandates, but ultimately fail to deliver in practice.
For example, the TC in Timor-Leste detailed gender equity as one of
its five guiding principles. However, Rubio-Marin describes the efforts
of the TC to implement a gender sensitive approach to reparations as
“very weak”, highlighting the limited role of women in the articulation
of reparations and describing the discussion on reparations in relation to
gender-justice as “non-existent” (Rubio-Marin 2006: 296-319). Furthermore Rubio-Marin (2006: 317) emphasises the failure to include reparations for numerous forms of violence against women such as various
violations of reproduction rights. Morocco’s Equity and Truth Commis-
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