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Introduction to UNSCR 1325 +++ Chris Coulter, PhD chris.coulter@indevelop.se
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Historical Overview ”We the peoples of the United Nations determined to save succeeding generations from the scourge of war which twice in our lifetime has brought untold sorrow to mankind, and to reaffirm faith in fundamental human rights, in the dignity and worth of the human person, in the equal rights of men and women and of nations large and small..”
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“… we call on the Governments of the world to encourage women everywhere to take a more active part in national and international affairs, and on women who are conscious of their opportunities to come forward and share in the work of peace and reconstruction as they did in war and resistance.” Eleanor Roosevelt 1946
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The Cold War The Commission on the Status of Women (CSW) 1946
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UN Decade for Women 1975-1985 “Equality, Development and Peace” (declared by UN General Assembly) From: Development served to advance women To: Development not possible without women
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Women’s World Conferences (States in comb. with Civil society): Mexico City 1975: International Women’s year Copenhagen 1980 Nairobi 1985: All issues women’s issues, Peace & UNIFEM Follow-up 4th conference in Beijing 1995: The Beijing Platform for Action. ”Women’s rights as human rights”
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Declaration on the Elimination of Discrimination against Women (1967) Convention on the Elimination of all Discrimination Against Women ‘CEDAW’ (1979) ’Declaration on the Elimination of Violence against Women’ (1993) Beijing Platform for Action (1995) From ”women” to ”gender” Gender mainstreaming (ECOSOC)
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1990s- Activism & women’s organizations for peace Violence against women in conflict (Bosnia & Rwanda) and “women’s rights as human rights” Prostitution and trafficking of women during UN Peace operations
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1995-2000 Beijing 1995 PFA, Chapter E: women and armed conflict Gender mainstreaming of policy and peace operations 1st Gender Advisors in UN operations Arria Formula meetings (2000) Windhoek Declaration and the Namibia Plan of Action
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UNSCR 1325 on ”Women, peace and security” October 31, 2000 First time recognized as relevant in the context of international peace and security by the most powerful UN actor – the Security Council
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The most powerful division of the UN is the Security Council, which all member states are bound by the UN Charter to obey
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Even if Resolution 1325 is solely a product of Chapter VI, there is no bright line rule establishing that Security Council resolutions created under Chapter VI are non-binding and that those under Chapter VII are binding. http://www.wcl.american.edu/hrbrief/18/3atua.pdf
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UNSCR 1325 Relates to international law and ongoing developments such as the UN Charter, Beijing conference, Geneva Conventions, Rome Statute & CEDAW MAIN THEMES: Participation (entire peace process) Protection (incl. ‘prevention’ and ‘protection’) Gender mainstreaming (both men and women’s needs have to be addressed)
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UNSCR 1325 Peacekeeping DDR Broader security issues: Transitional justice Post-conflict governance VAW
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UNSCR 1325 Participation in peace and security related decision making at all levels The Resolution seeks to ensure greater representation, participation, and involvement of women in peace- making processes, and to include a gender perspective in peacekeeping operations
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Protection addresses women's needs and the provision of assistance during and after conflicts The Resolution calls for respect for humanitarian law with a special emphasis on ensuring better protection of women and girls, such as excluding impunity clauses, in order to better promote justice for female victims of conflict. The state must also take affirmative action to prevent third parties from abusing the rights of women and girls during armed conflict
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Prevention is discussed broadly with regards to avoiding violence and transforming conflicts peacefully The resolution calls for the promotion of the rights of women and girls and their special needs during the process of repatriation, resettlement, reintegration, and reconstruction. Further, states have the duty not to interfere or act in any way that would compromise women and girls’ enjoyment of fundamental rights
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PPP draws conceptually from and is also influenced by 4 key areas related to peace and security: 1.Human Security Framework 2.Conflict Transformation Discourse 3.Humanitarian Accountability 4.Women's Rights
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Human Security: Freedom from want and Freedom from fear Kofi Annan (2000)
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Conflict Transformation includes traditional elements of conflict resolution: mediation, dialogue, negotiation. goes beyond tradition by drawing attention to issues of rights and justice, promoting inclusive decision- making and participation.
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Humanitarian Accountability Key element of the women, peace and security discourse. Arises from the basic protection needs in emergency and civil war situations Guidelines and codes of conduct Increased understanding of the urgency and centrality of women's basic needs
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Women's Rights Many issues in Universal Declaration of Human Rights remain unaddressed During Cold War focus on civil and political issues Public – private divide Demand for specific attention to women’s rights in the 1970s CEDAW: a bill of rights for women
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Beijing 1995: Platform for action Poverty Education Health care Violence Armed conflict Unequal access to resources, power and decisionmaking structures Lack of mechanisms to promote women effectively Inadequate respect for women’s human rights Stereotyping and inequality in media Environmental concerns Discrimination against the girl child
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Beijing PFA – Chapter E: Women and Armed Conflict Peace is inextricably linked with equality between women and men and development
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UNSCR 1325 (2000) Then what? The role of women’s organizations 36 Action Plans UN system (gender advisers, gender mainstreaming and policy structures) Regional organizations - OSCE 2004, EU 2005, African Charter UNIFEM: Violence against women campaign Start to address misbehavior, use and abuse by peace operations personnel of local women (SEA)
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2000-2013 Post-conflict rehabilitation (Liberia, Sierra Leone) Peace talks (South Sudan, Colombia, DRC) Spring Revolution (Arab countries) Short, intensive conflicts (Georgia) Ongoing conflicts… International debates on Protection of Civilians Increased understanding of the role of sexual violence in conflict (DRC, Timor-Leste, Kosovo) in combination with increased media attention New central players: France (EU presidency), the US (Rice and Clinton), Liberia etc, ‘Chatham house’ AU: African Union Gender Policy 2009 & NATO (SG, Euro-Atlantic Partnership Council, SHAPE): Bi SC Directive 40-1 (Sept 2009)
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1820 (2008) Sexual violence in conflict and post-conflict situations ‘Participation’ agenda sidelined Conflicts intensify; SGBV intensifies; militarisation grows; Arab ‘Spring’ (uprisings) Exclusion of women from decision-making except where there is a strong women’s movement or international feminist support (Liberia; Sudan)
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1888 (2009) Prevention of and response to conflict related sexual violence Participation agenda further diminished… Formal peace processes exclude women Security Sector Reform & SALW
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1889 (2009) Post-conflict peacebuilding and indicators Protection and “empowerment” to be taken into account during post-conflict needs assessment and planning
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1960 (2010) Institutional tools to combat impunity: monitoring, analysis and reporting mechanism on conflict-related sexual violence; prohibition, punishment Neoliberalism in full force, globally Participation is gone
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2106 (2013) Accountability of perpetrators of sexual violence in conflict Women’s political and economic empowerment makes a (theoretical) return
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2122 (2013) Urges a more systematic approach to the implementation of commitments on women, peace and security Includes concrete measures on development and deployment of technical expertise for peacekeeping missions and UN mediation teams supporting peace talks Improved access to information and analysis on the impact of conflict on women and women's participation in conflict resolution in reports and briefings to the security council Strengthens commitments to consult, as well as include, women in peace talks Funding Access to healthcare (abortion in cases of rape?) Recognizes that focus on rape is not everything!
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The Arms Trade Treaty (2013) Article 7 (1) requires states to assess the risk that the transfer of certain conventional arms will result in the commitment of, or facilitate, a serious violation of international human rights or humanitarian law Requires governments of arms-producing and - exporting nations to refuse a transfer if there is an overriding risk Article 7 (4) of the Treaty explicitly requires exporters to assess risk of arms “being used to commit or facilitate serious acts of…violence against women and children.”
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CEDAW GR#30 and WPSA New General Recommendation on 1325 (2013): 1) preventing & responding to violence against women in conflict & post-conflict settings; 2) access to justice; 3) political participation; and 4) economic participation
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CEDAW GR#30 and WPSA Highlights the need for a concerted and integrated approach that places the Security Council agenda into the broader framework of the implementation of CEDAW Through 1325, CEDAW becomes clearly relevant to states that are not parties, such as the USA and Sudan, and to territories in conflict, such as the occupied Palestinian territory Reaches beyond governance bodies to all groups participating in the conflict: independent armed groups, militias, paramilitaries, who can be held accountable for war crimes against women
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Women as actors or as victims?
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Peace is not the absence of war. It is the presence of justice and the absence of fear. Dr. Ursula Franklin
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