The goal of this policy briefing is to provide a focused look at the challenges and obstacles to ensuring gender justice and accountability in the context of international peace support operations1 (PSOs) and to provide recommendations for UN and regional peacekeeping bodies (AU, ECOWAS, EU, NATO, OSCE) officials, responsible for peacekeeping in terms of setting policy standards and practice guidelines, as well as those directly involved as military or civilian peacekeepers. It approaches the issue of gender justice (see definition in section (iv)) in PSOs from three angles:
(1) the manner in which PSOs can foster a culture of gender justice and accountability
(2) strengthening the capacity and mandates for PSOs to respect, protect and promote the human rights of civilians, especially women
(3) how to better address violations committed by UN civilian or military peacekeepers and the lack of accountability that has surrounded such incidents to date.
Gender justice is fundamental to fostering gender equality and gender mainstreaming. It incorporates the gender equitable promotion and protection of civil, political, economic and social rights. This necessitates gender-awareness and gender analysis of the rights themselves as well as the obstacles to the enjoyment of these rights.
The perspectives and recommendations contained in this briefing paper are based on consultations with international legal experts and gender justice advocates, interviews with peace support personnel, and members of ‘beneficiary’ communities where PSOs have operated, as well as other primary and secondary sources of information. The briefing builds on previous documents relating to broader aspects of gender mainstreaming in PSOs and was undertaken as part of IA’s ongoing work to support the implementation of Security Council Resolution 1325 and related instruments. Many aspects of gender mainstreaming and gender justice overlap and interlink, this briefing focuses on rule of law mechanisms (see definition in section (iv)) and practical accountability mechanisms linked to these.
Structure of the Briefing Paper
Section I: International Standards Relating to Gender-based Violence sets out key concepts such as gender mainstreaming with gender justice as a cornerstone and discusses the significance of these concepts in the context of conflict and post-conflict situations. It also identifies overarching international legal standards relating to accountability for sexual and gender-based violence as an important aspect of gender justice in the context of armed conflict and international peacebuilding initiatives.
Section II: Building a Culture of Gender Justice and Accountability through PSOs: Examples from East Timor and Kosovo/a examines key aspects of ensuring gender justice in complex nationbuilding PSOs with a focus on experiences in East Timor and Kosovo/a and some of the successes and challenges of gender mainstreaming in the establishment of rule of law mechanisms.
Section III: The Responsibility of PSOs to Ensure Protection of Human Rights of Civilians in Local Communities examines the duty of PSOs to support protection and promotion of human rights in situations where they are deployed, especially in operations where the PSO also serves a civilian police function. This section examines the duty to protect against gender-based violence in ‘post-conflict’ contexts; cooperation with international justice mechanisms, such as the International Criminal Court (ICC); the protection of evidence relating to the commission of war crimes, genocide and crimes against humanity and efforts focusing on HIV/AIDS awareness and prevention.
Section IV: Accountability for Violations Committed by Peacekeepers: Closing the Gaps discusses the ongoing dilemma of impunity for violations committed by peacekeeping personnel, both military and civilian, and examines the barriers to accountability from political, legal and administrative perspectives and channels for address.
The briefing provides a series of recommendations International Alert considers necessary to ensure the credibility and success of PSOs, as well as fostering a culture of gender justice and accountability in ways that can be sustained after a PSO has been dismantled. It places emphasis on the full implementation of Security Council Resolution 1325. Recommendations are aimed at the UN Secretariat, agencies, departments, Member States, and other international and regional bodies involved in peacekeeping, such as the African Union (AU), Economic Community of West African States (ECOWAS), North Atlantic Treaty Organisation (NATO), Organisation for Security and Cooperation in Europe (OSCE) and European Union (EU), as well as local peace activists in conflict situations supported by an international PSO.
