1. Keynote Speech The 3 rd Gendering Asia Network Conference: Gender, Mobility and Citizenship （ May 29.2009, Helsinki, Finland ） Keynote Speech Gendering Strategy for “Peace as Human Rights” ―toward the Construction of an Anti- Military Theory― Miyoko TSUJIMURA Professor of constitutional law, Tohoku University, Japan 1

2.     Based on this principle,  we examine a gendering strategy for “peace as human rights”.  This presupposes the establishment of a comprehensive view on Peace (P), Human Rights (HR) and Gender (G). 2

3. The interdependent relation between Peace (P), Human Rights (HR) and Gender (G). Peace (P) Human Rights (HR) Gender (G) 3

4.  Preamble to the Constitution of Japan  the United Nations’ position on human security  a discussion on “peace as human rights” 4

5.  1993  International Human Rights Movements Against domestic violence etc. Women’s Human Rights  The rights to profession, self-determination  the rights of women soldiers, prostitutes etc.  5

6. the oppression of women in wartime EX. mass rape or gang rape a feminist dilemma on “women soldiers” the increasing participation of women in military service 6

7. the triangular structure formed by (P) &(HR) &(G) the triangular structure formed by (P) &(HR) &(G) Peace Human Rights Gender <the rights to live in Peace> Mass rape, Comfort women etc. Women soldiers, Feminist dilemma ？ 7 domestic violence etc.

8.  Constitution of Switzerland (1999) § 59 Every Swiss man is required to do military service. Military service shall be voluntary for Swiss women. The Basic Law of the Federal Republic of Germany （ 2000 ） §12a －４ Under no circumstances may they （ women) be required to render service involving the use of arms. 8

9.  ① traditional liberal feminism: Positive  ② second wave feminism : Negative （ Marxist feminism, radical feminism, postmodernist feminism etc.) ③ postmodern feminism : Negative assumption that women are inherent pacifists 9

10.  Professor Chizuko Ueno (sociologist, feminist) Nationalism and Gender, Trans Pacific Press,2004 of the nation-state of woman of the nation-state by gendering it 10

11. Profs. M.TSUJIMURA, C.A.MacKinon, Zhu Xiaoqing, Chizuko Ueno 11

12. 12 “If the ‘comfort women’ issue can be constructed discursively as a human rights violation, then it is also possible to argue that being made to become a murderer for state as a soldier is a human rights violation for men. Is this within the scope of human rights theory? YES The question that the comfort women issue has thrust upon us is not simply that of crimes. War itself is the crimes.”

13.  (1) Unifying human rights and gender : from victim to “agent”  CEDAW “no peace without human rights” “no peace without women’s participation”.  “the contribution of women in the areas of peace-building, peacemaking and conflict resolution”. 13

14.  1993 UN Declaration on the Elimination of Violence against Women etc. theory of peace-orientation that breaks away from a new direction in order to establish human rights and criminalize war. 14

15.  (i) Constitutions with general peace provisions (Finland, India, Pakistan, China, Russia, etc.)  (ii) Constitutions which renounce wars of aggression or conquest (France, Germany, South Korea, etc.)  (iii) Constitutions which renounce wars as a means to settle international conflicts and guarantee international cooperation (Italy, Hungary, etc.) 15

16. 16 (iv) Constitutions which maintain a policy of neutrality (Switzerland, Austria, Malta, Moldova, etc.) (v) Constitutions which explicitly prohibit nuclear and other weapons (Palau, Philippines, Colombia, etc.) (vi) Constitutions which explicitly guarantee not to maintain armed forces (Costa Rica, etc.) § １２ 1) The Army as a permanent institution is abolished.

17. 17 (vii)Constitution which renounces war, abolishes armed forces and also explicitly guarantees the right to live in peace (Japan) Article 9 paragraph 1 “Aspiring sincerely to an international peace based on justice and order, the Japanese people forever renounce war as a sovereign right of the nation and the threat or use of force as means of settling international disputes”.

18. 18 § ９ Paragraph 2 “In order to accomplish the aim of the preceding paragraph, land, sea, and air forces, as well as other war potential, will never be maintained. The right of belligerency of the state will not be recognized”. The Preamble, Paragraph 3 “We recognize that all peoples of the world have the right to live in peace, free from fear and want”.

19. 19 Nevertheless ・・・・・・ The reality of Japan Self-Defense Forces of 240000 soldiers the sixth in the world in 2008 (defense expenses) 3)dispatch of Self-Defense Forces overseas (under the PKO, PKF, and US-Japan treaty) Nevertheless ・・・・・・ The reality of Japan 1)Self-Defense Forces of 240000 soldiers 2)the sixth in the world in 2008 (defense expenses) 3)dispatch of Self-Defense Forces overseas (under the PKO, PKF, and US-Japan treaty) 4) the Defense Agency was promoted to the Ministry of Defense in 2007 5) number of women soldiers has exceeded 10000, under the Gender equality policy.

20. 20 05/phoindex.htmlhttp://www.clearing.mod.go.jp/hakusho_data/2 005/2005/phoindex.html

21. 21 (2) Tasks regarding Peace, Human Rights and Gender Whether the right to refuse military service and forced participation in combat should be recognized equally for men and women? Why only men’s obligation to serve in the military and forced participation in combat should be legalized?

22. 22 y axis (gender) men women xaxis peace ( Ⅰ ) ( Ⅱ ) ( Ⅳ ) ( Ⅲ ) war 6. Further research tasks: the “Peace, Human Rights, Gender” research matrix Figure 1: War (peace) and gender

23. 23 (I) war  men, (II) war  women, (III) peace  women, (IV) peace  men. peace  men ( IV) war  men ( I ) peace  women (III) war  women (II) Y(gender) men X(peace) war women 1) Two axes x and y, x axis into war and peace, y axis into men and women.

24. 24 ｇ f h e (x) (y) (z) y men war a b c d zaffirmation of human rights x peace women 2)three-dimensional structure Figure 2: The peace, human rights and gender matrix

25. 25 Ｘ Peace/warY gender Men/women Z human Rights ＋ － a) war  men  human rights ＋（ P) warmenHR positive ＋ b) war  women  human rights ＋（ P) warwomenHR positive ＋ c) peace  women  human rights ＋（ P) peacewomenHR positive ＋ d) peace  men  human rights ＋（ P) peacemenHR positive ＋ e) war  men  human rights －（ N) warmenHR negative － f) war  women  human rights －（ N) warwomenHR negative － g) peace  women  human rights －（ N) peacewomenHR negative － h) peace  men  human rights －（ N) peacemenHR negative － 2)three-dimensional structure(see figure 2)

26.  Take Human Rights seriously, toward the Construction of Anti-Military theory Gendering Strategy for “Peace as Human Rights” Europe and Asia Theory and Policy making 26

27. 27 appendix

28.  This GCOE Program aims to analyze social issues occurring throughout this globalizing world from the viewpoints of gender equality and multicultural conviviality in order to seek solutions to these issues by integrating the two perspectives.  Our ultimate objective is to foster young researchers who can present effective measures regarding such issues. 28

29. 29 University of Tokyo Tohoku University, Global COE Hub Beijing,Tsinghu a University Sheffield, University of Sheffield New York, Columbia University Seoul, Ewha Womans University Seoul, Kookmin University Ottawa, University of Ottawa Lyon, ENS-LSH and IEP Beijing, Chinese Academy of Social Sciences Global Networking

30. 30 Please visit our website for further information: http://www.law.tohoku.ac.jp/gcoe/