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21. Sexual Violence and Justice in Postconflict Peru

Author:
Jelke Boesten and Melissa Fisher
Publication Date:
06-2012
Content Type:
Working Paper
Institution:
United States Institute of Peace
Abstract:
Wartime sexual violence in Peru is linked to peacetime gender inequality, which is strongly influenced by inequalities based on race and class. These inequalities perpetuate the exclusion of victim-survivors of sexual and gender-based violence in the country's current postconflict transitional justice period, subject victim-survivors to postconflict violence, and reinforce tolerance for sexual violence in peacetime. If the international community and the Peruvian government recognize and address these inequalities, then Peru may witness a reduction in sexual and gender-based violence. Wartime rape can involve a range of acts, motivations, meanings, perpetrators, and victims. Peruvian legal and social definitions of sexual violence need to be inclusive of such variations and recognize that the internal conflict produced victim-survivors among women, men, and children. Domestic institutions should stop dismissing rape as a common crime and start prosecuting rape in war as a crime against humanity, as Peru formally recognized when it signed the Rome Statute of the International Criminal Court. Building on existing legislation would send signals to the international community and to victim-survivors of the war that Peru takes its citizens\' rights in both war and peace seriously. Sexual violence precedes and survives conflict, which creates a continuum of violence. National policies framed within an understanding of this continuum would be better able to guide international, nongovernmental, and community-based organizations operating in Peru regarding programs that address intimate partner and family violence. Such programs are essential for breaking cycles of violence. Reparations and criminal justice are tools of redress that recognize suffering, resilience, and citizenship. While Peru is currently using these tools, they do not seem to apply to victim-survivors of sexual and gender-based violence. An inclusive politics of justice would break through this historical marginalization.
Topic:
Democratization, Gender Issues, Human Rights, and War
Political Geography:
Latin America and Peru

22. Constitutional Reform in Transitional States: Challenges and Opportunities Facing Egypt and Tunisia

Author:
Jason Gluck
Publication Date:
05-2011
Content Type:
Policy Brief
Institution:
United States Institute of Peace
Abstract:
Countries emerging from authoritarianism frequently face constitutional challenges, among them sequencing constitutional reform with a transition to democracy, designing a constitutional review process that is seen as legitimate, and addressing substantive constitutional concerns. Sequencing constitutional reform and elections begs the questions who should lead the constitutional reform and when should it be conducted. Constitutional reform prior to elections can leave stewardship over the constitution-making process to unelected and perhaps not wholly trusted transitional governments. Elections prior to constitutional reform may be tantamount to simply handing the machinery of authoritarianism to a new set of actors. Egypt and Tunisia offer different paths to transition and each face criticism. In the end, a less “democratic” solution might be the best one. Whatever the chosen process for constitutional reform, legitimacy must remain the sine non qua of a successful constitution-making moment. Adherence to guiding principles of inclusivity, participation, transparency, consensus and national ownership can legitimize the constitution-making process and the final document itself. Just as the history, society, culture, and preferences of every country is unique, so too is every constitution. Certain common issues, however, are likely to be front and center for countries transitioning from authoritarian rule to democracy. This Peace Brief offers a brief examination of many of these commonly recurring issues.
Topic:
Democratization and Popular Revolt
Political Geography:
Middle East, Arabia, Egypt, and Tunisia

23. Traveling toward the Rule of Law in the Middle East and North Africa: Avenues and Obstacles

Author:
Jason Gluck, Scott Worden, Colette Rausch, and Vivienne O'Connor
Publication Date:
04-2011
Content Type:
Policy Brief
Institution:
United States Institute of Peace
Abstract:
Popular uprisings throughout the Middle East and North Africa are demanding justice, security, and accountability— defining features of the rule of law. Constitutional reform is a priority, but it must be done by legitimate representatives of the people, not hangovers from the past. Principles of inclusivity, transparency, and participation must be at the heart of the process.
Topic:
Democratization and Law
Political Geography:
Iraq, Middle East, Kosovo, Nepal, and North Africa

24. Counterrevolution in the Gulf

Author:
Toby C. Jones
Publication Date:
04-2011
Content Type:
Policy Brief
Institution:
United States Institute of Peace
Abstract:
Saudi Arabia is pursuing a combination of domestic and regional policies that risk destabilizing the Persian Gulf and that risk undermining the United States interests there. Amid calls for political change, Saudi Arabia is failing to address pressing concerns about its political system and the need for political reform. Instead of responding favorably to calls for more political openness, the Kingdom is pursuing a risky domestic agenda, which ignores the social, economic, and political grievances that might fuel popular mobilization.
Topic:
Conflict Prevention, Democratization, and Counterinsurgency
Political Geography:
United States, Middle East, and Arabia

25. Political Trends in the African Great Lakes Region

Author:
Judith Vorrath
Publication Date:
06-2011
Content Type:
Working Paper
Institution:
United States Institute of Peace
Abstract:
Despite recent elections in Burundi, Rwanda, and Uganda and upcoming elections in the Democratic Republic of Congo (DRC), the Great Lakes region shows worrying trends toward electoral authoritarianism and political fragmentation, with new divisions that intensify the potential for confrontation. A shrinking political space and a tight grip on the state by the ruling elites and their parties are signs of authoritarianism in the region—a cause of concern since armed conflict in all four countries has been strongly linked to a history of exclusion under autocratic regimes. New divisions beyond previous alignments in armed conflicts also have occurred and already led to serious confrontations, flight, and at times violence. An increasing political fragmentation has become visible, and splits embroil intraparty conflicts in the political landscape instead of resolving them. The two trends—electoral authoritarianism and political fragmentation—are mutually reinforcing within and across the countries of the region and risk jeopardizing economic and social progress in Uganda and Rwanda as well as an emerging vibrant civil society in Burundi and the DRC. In light of the history of conflict and autocratic regimes in the region, these trends have to be a serious concern for local and international actors. The preference for stable leadership, economic performance, and security considerations regardless of political conduct has been a fatal miscalculation before in the Great Lakes region. Rather, acting early and using pressure constructively, the international community should do what it can to support a more open and less fragmented political sphere in the Great Lakes countries.
Topic:
Democratization, Economics, Political Economy, and Fragile/Failed State
Political Geography:
Uganda, Africa, and Burundi

26. Extending Libya's Transitional Period: Capitalizing on the Constitutional Moment

Author:
Jason Gluck
Publication Date:
09-2011
Content Type:
Policy Brief
Institution:
United States Institute of Peace
Abstract:
The National Transitional Council (NTC) new Constitutional Declaration is a critical development in Libya's transition to democracy. But while most features of the document are very positive, the relatively short timeline for the transition may create significant challenges.
Topic:
Democratization and Regime Change
Political Geography:
Arabia and North Africa

27. Nigeria's 2011 Elections: Best Run, but Most Violent

Author:
Dorina Bekoe
Publication Date:
08-2011
Content Type:
Policy Brief
Institution:
United States Institute of Peace
Abstract:
Nigeria's 2011 general election received high praise for being well-managed. But post-election violence claimed 800 lives over three days in northern Nigeria and displaced 65,000 people, making the elections the most violent in Nigeria's history.
Topic:
Political Violence and Democratization
Political Geography:
Africa

28. Constitutional Interpretation and the Continuing Crisis in Afghanistan

Author:
Scott Worden and Sylvana Q. Sinha
Publication Date:
11-2011
Content Type:
Policy Brief
Institution:
United States Institute of Peace
Abstract:
The recent controversy in Afghanistan over the outcome of the 2010 parliamentary elections ultimately resolved the question of who sits in Parliament, but left a more fundamental question unanswered: "Who has the power to interpret the Afghan Constitution?" Ambiguities in the language of the Constitution make it difficult to determine who has the legal authority to interpret it. The Supreme Court maintains that the Constitution gives it the power of judicial review, but the Constitution also calls for the Independent Commission on the Supervision of Implementation of the Constitution (ICSIC), which the Parliament has mandated to decide constitutional issues instead. Without political and legal consensus over who has final authority to decide different types of constitutional claims, Afghanistan cannot achieve a rule of law where government activities are subject to consistent and transparent rules. Afghanistan must establish clear and unambiguous rules for constitutional interpretation to avoid damaging crises about political leadership and the separation of powers as the security transition and Presidential election approach in 2014.
Topic:
Conflict Resolution, Democratization, Islam, War, and Insurgency
Political Geography:
Afghanistan

29. Return to War in Sudan's Nuba Mountains

Author:
Julie Flint
Publication Date:
11-2011
Content Type:
Policy Brief
Institution:
United States Institute of Peace
Abstract:
The response to the renewed war in Sudan's Nuba Mountains has been driven largely by a human rights and humanitarian crisis. The crisis will continue indefinitely without a political agreement that acknowledges the Nuba rebellion is self-sustaining and reflects a wider malaise within the new Republic of Sudan. With Sudan facing financial collapse, economic normalization must be part of negotiations with Khartoum to end the war in the Nuba Mountains and promote democratization throughout Sudan.
Topic:
Conflict Resolution, Democratization, Development, Human Rights, War, Insurgency, and Financial Crisis
Political Geography:
Africa and Sudan

30. Security Sector Transformation in North Africa and the Middle East

Author:
Mark Sedra
Publication Date:
11-2011
Content Type:
Working Paper
Institution:
United States Institute of Peace
Abstract:
The events of the Arab Spring are a unique and unprecedented opportunity for democratic political change for the Middle East and North Africa, but the political transitions in that region remain fragile. The United States and other external actors can help the new democratic regimes by supporting their efforts at security sector reform (SSR).
Topic:
Democratization, Development, and Regime Change
Political Geography:
Middle East, Arabia, and North Africa