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11. Moving Forward with the Legal Empowerment of Women in Pakistan

Author:
Anita M. Weiss
Publication Date:
05-2012
Content Type:
Working Paper
Institution:
United States Institute of Peace
Abstract:
The history of laws affecting women's rights and empowerment in Pakistan involves a com¬plex pattern of advances and setbacks, with the state's efforts to articulate a definition of women's rights complicated by the need to balance divergent views on the place of women in Pakistani society. After General Pervez Musharraf's 1999 coup, a number of factors, including international perceptions of Pakistan, brought women's rights, greatly curtailed by General Zia-ul-Haq's Islamization project, to the fore. Most critical among the changes to women's rights dur¬ing this period was the 2006 revision to the Hudood Laws, resulting in the Protection of Women Act. The incumbent Pakistan People's Party government has passed several important pieces of legislation continuing the progress for women's empowerment made under Musharraf. These new laws focus on sexual harassment at the workplace, antiwomen practices, and acid throwing. Additionally, the National Commission on the Status of Women has recently achieved elevated status. Despite these advancements, new legislation is needed to address ongoing challenges such as women's ability to control inherited land and human trafficking. If the Pakistani state is to make lasting improvements on these and other challenges facing the legal status of Pakistani women, it must find solutions that will not only benefit women in the country but create consensus among Pakistanis on the best and most achievable way to prioritize global rights for women while adhering to Islamic precepts.
Topic:
Gender Issues, Human Rights, Islam, Poverty, and Law
Political Geography:
Pakistan and Asia

12. Learning from Women's Success in the 2010 Afghan Elections

Author:
Scott Worden and Nina Sudhakar
Publication Date:
06-2012
Content Type:
Working Paper
Institution:
United States Institute of Peace
Abstract:
Afghan women made small but significant gains in participation in Afghanistan's September 2010 parliamentary elections. But their status in Afghanistan's electoral system is precarious, and significant effort is needed to preserve gains during the next election cycle in 2013–15. In the 2010 parliamentary elections, seventy-eight more female candidates ran than in the 2005 elections, a 24 percent increase. One additional woman was elected to Parliament over the sixty-eight-person quota stated in the constitution, and in four provinces, a woman received the highest number of votes out of all candidates. Women continued to face significant obstacles to campaigning, however, with female candidates and their campaign workers receiving a disproportionate number of threats or attacks reported during the elections. In less secure areas, cultural restrictions on women's access to public spaces increased, leaving many female candidates unable to effectively communicate with voters. Women made up 40 percent of the electorate in 2010, but women's access to the electoral process as voters often depends on having women hired as election workers by the electoral administration, candidates, and observer groups. Without female counterparts working at the polls, many women will stay home due to cultural concerns over interacting with men in public places. A significant finding from the 2010 candidate statistics is that women face less competition for seats than men do, making it attractive for political parties or coalitions to recruit powerful women to run on their platforms.
Topic:
Conflict Resolution, Democratization, Gender Issues, Politics, and Regime Change
Political Geography:
Afghanistan

13. 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

14. Dowry and Division: Youth and State Building in South Sudan

Author:
Marc Sommers and Stephanie Schwartz
Publication Date:
11-2011
Content Type:
Working Paper
Institution:
United States Institute of Peace
Abstract:
Most South Sudanese youth are undereducated and underemployed, and their priorities and perspectives are largely unknown. To address this critical knowledge gap, the authors conducted field research between April and May 2011 with youth, adults, and government and nongovernment officials in Juba and two South Sudanese states. The increasing inability of male youth to meet rising dowry (bride price) demands was the main research finding. Unable to meet these demands, many male youth enlist in militias, join cattle raids, or seek wives from different ethnic groups or countries. Skyrocketing dowry demands have negatively and alarmingly affected female youth. They are routinely viewed as property that can generate family wealth. Potent new postwar identities involving youth returning from Khartoum, refugee asylum countries, and those who never left South Sudan, are stimulating hostility and conflict. Excess demand on government jobs, widespread reports of nepotism in government hiring practices, cultural restrictions against many kinds of work, and a general lack of entrepreneurial vision are fueling an exceptionally challenging youth employment situation. Gang activities continue to thrive in some urban centers in South Sudan. They are reportedly dominated by youth with connections to government officials and by orphans. While most undereducated youth highlighted dowry and marriage as their primary concerns, members of the elite youth minority emphasized vocational training and scholarships for higher education. While South Sudanese youth view their government as the primary source of education, jobs, and hope, the government of South Sudan does not appear poised to provide substantial support to vital youth priorities related to dowry, employment, education, and training. The government of South Sudan and its international partners need to proactively address nonelite youth priorities. They must find ways to cap dowry demands, protect female youth, and support orphan youth, in addition to expanding quality education, job training, and English language training.
Topic:
Demographics, Development, Gender Issues, Political Economy, Sociology, and Youth Culture
Political Geography:
Africa and South Sudan

15. Traditional Dispute Resolution and Afghanistan's Women

Author:
Sylvana Q. Sinha
Publication Date:
12-2011
Content Type:
Policy Brief
Institution:
United States Institute of Peace
Abstract:
At least 80% of all disputes in Afghanistan are resolved through traditional dispute resolution (TDR) mechanisms, principally community councils called shuras or jirgas. TDR is therefore impossible to ignore as the primary justice institution in the country. Still, most women's groups in Afghanistan tend to oppose international donor or Afghan government support for TDR because they generally exclude women from participation and are known to issue decisions that violate women's rights. In the spring of 2011, the U.S. Institute of Peace in Kabul hosted meetings to examine the broader question of how women can gain greater access to justice. The outcome of the conversations was a more nuanced view of TDR and women in Afghanistan and a recognition that creative engagement rather than condemnation is a more productive approach to resolving deficiencies in women's rights in TDR venues.
Topic:
Conflict Resolution, Gender Issues, Human Rights, Foreign Aid, and Law
Political Geography:
Afghanistan, United States, and Asia

16. Gender and Statebuilding in South Sudan

Author:
Nada Mustafa Ali
Publication Date:
12-2011
Content Type:
Working Paper
Institution:
United States Institute of Peace
Abstract:
South Sudan’s independence ends decades of conflict as well as socioeconomic and political marginalization at the hands of successive governments in Khartoum, which affected women in gender-specific ways. Independence thus opens up opportunities for women’s economic and social empowerment, ensuring that the new country’s political and economic structures and institutions reflect commitments to women’s participation and human rights. In turn, empowering women will enable South Sudan to strengthen its economic and political structures and institutions. There is great potential for gender equality and respect for women’s rights in South Sudan. The government has expressed commitments to equality between women and men and to women’s participation. South Sudan is relatively egalitarian and lacking in religious extremism. International actors interested in South Sudan recognize that promoting gender equality and women’s empowerment and addressing gender-based violence (GBV) are key to maintaining peace and security and helping South Sudan’s economy grow. Challenges abound, however. South Sudan is severely lacking in infrastructure and has some of the worst human development indicators worldwide. Social and cultural practices harmful to women compound the effects of conflict and marginalization. There are constant internal and external security threats, a limited understanding of gender equality, and a tendency within communities to view gender as an alien and illegitimate concern, given the acute problems that South Sudan faces. The government of South Sudan, with the support of regional partners and the international community, should ensure that gender equality and women’s rights are fully integrated into and are outcomes of state building. National planning, developing the permanent constitution, and building the country’s new institutions and structures should reflect commitments to gender equality and input from women and women’s groups across South Sudan. The government should cost and meet the full budgetary needs of the Ministry of Gender, Child, and Welfare; ratify and implement the Convention on the Elimination of all Forms of Discrimination against Women and the Protocol to the African Charter on Human and People’s Rights on the Rights of Women in Africa; strengthen efforts to prevent GBV and address the needs of GBV victims and survivors; and invest more in quality and accessible health and education.
Topic:
Conflict Resolution, Gender Issues, Government, Human Rights, and Politics
Political Geography:
Africa and South Sudan

17. The Other Side of Gender: Including Masculinity Concerns in Conflict and Peacebuilding

Author:
Kathleen Kuehnast and Nina Sudhakar
Publication Date:
01-2011
Content Type:
Policy Brief
Institution:
United States Institute of Peace
Abstract:
Gender is often used synonymously with the study of women. This narrow approach overlooks the relational quality of gender and fails to include masculinity issues in analysis and research, which can have important bearing on policy interventions. Taking a more inclusive view of gender roles in conflict, which also recognizes that these roles are dynamic, can lead to more informed research strategies and more productive policy interventions. To effectively combat instances of extreme gender violence, such as the use of sexual violence as a weapon of war, a more nuanced understanding is needed of the actors involved. Instead of being passive actors during conflict, women may be combatants or direct participants in sexual violence. Examining the motivations, belief systems and internal dynamics of armed combatants can provide insight into the origins of sexual- and gender-based violence in conflict. Rather than representing an isolated event, sexual- and gender-based violence during conflict can perhaps best be viewed as a point along a continuum. In the postconflict period, damaged social and economic systems may contribute to the disempowerment of men seeking to return to traditional or customary roles. Coupled with the enduring impacts of trauma, the threat of emasculation can result in high levels of violence within the household environment.
Topic:
Conflict Resolution, Gender Issues, Peace Studies, and Peacekeeping

18. Security After the Quake? Addressing Violence and Rape in Haiti

Author:
Brooke Stedman
Publication Date:
01-2011
Content Type:
Policy Brief
Institution:
United States Institute of Peace
Abstract:
In the wake of Haiti's disastrous earthquake, international organizations have begun to recognize gender-based violence as a significant area of concern, particularly within Port-au-Prince's internally displaced persons (IDP) camps. Other forms of gender-based violence include not only rape, but also sexual abuse. Sexual violence is often underreported or not reported at all. This lack of data can prevent accurate assessments of rates of violence or trends. Grassroots organizations are working to reduce and better document sexual violence and to establish local mechanisms for increasing security throughout Haiti's tent encampments.
Topic:
Gender Issues, Health, and Natural Disasters

19. The Role of Women in Global Security

Author:
Valerie Norville
Publication Date:
12-2010
Content Type:
Working Paper
Institution:
United States Institute of Peace
Abstract:
Building lasting peace and security requires women's participation. Half of the world's population cannot make a whole peace. Ten years after the United Nations Security Council passed Resolution 1325 on increasing women's participation in matters of global security, the numbers of women participating in peace settlements remain marginal. While improvements have been made, women remain underrepresented in public office, at the negotiating table, and in peacekeeping missions. The needs and perspectives of women are often overlooked in postconflict disarmament, demobilization, and reintegration (DDR), as well as in security sector reform, rehabilitation of justice, and the rule of law. Many conflicts have been marked by widespread sexual and gender-based violence, which often continues in the aftermath of war and is typically accompanied by impunity for the perpetrators. A continuing lack of physical security and the existence of significant legal constraints in postconflict societies hamper women's integration into economic life and leadership. Best practices for increasing women's participation include deployment of gender-balanced peacekeeping units, a whole-of-government approach to security sector and judicial reform, and more intentional solicitation of the input of women at the community level on priori - ties for national budgets and international programs.
Topic:
Security, Gender Issues, Globalization, and United Nations

20. The Afghan Peace Jirga: Ensuring That Women Are at the Peace Table

Author:
Palwasha Hassan
Publication Date:
05-2010
Content Type:
Policy Brief
Institution:
United States Institute of Peace
Abstract:
In late May 2010, the Afghan government will convene a Peace Jirga in Kabul to determine a national reintegration and reconciliation strategy. Afghan women have played a variety of social and political roles during the last three decades of conflict, including as peacebuilders, but now risk being excluded from current peacebuilding processes. In alliance with international agreements—most notably United Nations Security Council Resolution 1325—the Afghan government must make sure that women are actively engaged in the upcoming jirga and are included in other reintegration and reconciliation policies. The inclusion of women is central to sustainable peace and security in Afghanistan.
Topic:
Conflict Resolution, Gender Issues, and Islam
Political Geography:
Afghanistan, South Asia, and United Nations