The Relationship Between Gender, Security and Justice in Conflict-Affected Environments - Essay Example

The Relationship Between Gender, Security and Justice in Conflict-Affected Environments Introduction Despite the widespread claims across media andresearch that humanity has reached a higher stage of civilisation, the fact that the sufferings of human beings have not ended still remains true as we can see when looking at all the ongoing conflicts in the world, e.g. the civil war in Syria or South Sudan as well as AFG/PAK/IR. With the growing population and scarcity of resources, conflicts in different parts of the world are becoming increasingly common. In addition to these factors, various political and social influences also contribute to the genesis of conflicts. Due to this multifaceted nature of the problem, it is often difficult to find simple solutions to conflicts and for this reason such conflicts prevail for extended periods of time. Due to the fact that such conflicts are an ongoing process and they inflict considerable damages on the residents of a conflict-affected region, various laws have been developed and enforced on international level to deal with conflicts and their deleterious consequences. Such laws provide the necessary framework that is essential for the prevention of crimes that are commonplace in conflict-affected regions of the world. Despite the enforcement of such laws, various heinous crimes that disrupt the humanitarian cause and process commonly take place. Although much is written and talked about on the international media and press regarding the happening of such crimes, the fact remains that the sufferings of the residents of conflict-affected parts of the world continue to rise. The uncertainty about the safety of life steadily increases which is perhaps the main cause of unrest among masses in such regions.  It is a well-established fact that women in conflict-affected areas are disproportionately affected. The reason for this is their increased vulnerability due of lack of physical force, their role in the family, their lack of input in policy development matters, offenders’ intention of using sexual violence as weapon of war and various social factors that contribute to their deprivation (Jones, 2013). The social and psychological impact of the unfavourable circumstances is manifested in the behaviours of people residing in conflict-affected regions. People’s lack of trust in authorities due to their perception that they are involved in corruption is a limiting factor for the success of measures that are taken by humanitarian organisations for the correction of conditions that prevail in such areas. Increasing incidence of diseases like depression and other stress-related conditions is a direct proof of the dissatisfaction that this segment of the world population feels (Steel et al, 2009). This document will take into account the relationship that exists between gender, security and justice in conflict-affected environments and makes an attempt to analyse the situation based on facts and realities that surround such environments. It starts with a brief introduction of the topic, which is then followed by a detailed discussion about gender, security, and justice in conflict-affected environments. A summary of the discussion at the end of paper concludes the topic. The Universal Declaration of Human Rights states that ‘recognition of the inherent dignity and of the equal and inalienable rights of all members of the human family is the foundation of freedom, justice and peace in the world’ (Morsink & Project Muse, 2009). The essence of this declaration lies in the fact that no matter what the origin, ethnicity, gender, age, colour or race of a person, he or she is entitled to enjoy equal rights merely due to the fact that he or she belongs to the human family (Langer, 2011). Interesting to note is the ‘human family’ wording since it allows the reader understand the fact that human beings are in fact one family and all rules and regulations that are to be applied to humanity as a family should remain identical at any given time. Additionally, this declaration bestows equal political, social, cultural, and economic rights to every individual that belongs to the human family (Mansbach & Taylor, 2008). The aspect of protection that this document bestows to the people of the world by prohibiting genocide, slavery, crimes against humanity and torture is of great importance. Despite its simple appearance, this declaration provides the basis for nearly all legislative processes that work to ensure the protection of the human family on local and international levels.  Human rights are characterised by two unique properties. Firstly, it is the responsibility of the state to ensure delivery of human rights to individuals; the individual’s responsibility in this regard is therefore minimal or totally absent (McBeth, 2010). Secondly, human rights are inalienable and universal i.e. everyone everywhere has equal and similar rights. These two basic characteristics are the mainstay of any definition of such rights. To ensure the delivery of these rights, various Human Rights Actors play their role on national and international level. These actors include the state and its institutions, national and international human rights organisations, human rights institutions of national level, international organisations like the UN, donor agencies and various regional organisations like OSCE, AU, OAS, ASEAN etc (OFlaherty, 2011).  The origin of conflicts in any given region is a complex phenomenon and is closely related to human rights violations (Thoms & Ron, 2007). It is interesting to note that human rights violation is multifaceted since it can both be the causative agent of a conflict as well as the result of a conflict.  Armed conflicts may ensue as a result of discrimination or deprivation of a population, in other words denial of human rights. When a population is deprived of their basic rights or resources, the result may be the arousal of a conflict. For this reason it is essential that the root cause of a conflict is identified and treated to prevent continuation and re-occurrence of a conflict (Thoms & Ron, 2007). Therefore protection of human rights has been regarded as highly significant to prevent conflicts. This has been stressed upon in the UDHR by stating that ‘it is essential, if man is not to be compelled to have recourse, as a last resort, to rebellion against tyranny and oppression, that human rights should be protected by the rule of law’ (Gómez & Feiter, 2009). That is to say that if it is intended that people do not resort to conflict as their last option, they should be prevented from facing circumstances in which they feel deprived of their basic rights (Rawls, 1999).  The forces in a society that are involved in conflict with other parties often make use of these definitions to justify their demands. Whether their demand are justified or not is not important; more important is the fact that politicisation of these rights result in conflicts that cause bilateral damage since none of the parties is willing to give up their struggle due to their understanding that they are rightful (Griffiths, 2001). Although it appears simple to practice and implement the concept of human rights throughout the world, the reality is yet different from this perceived simplicity. In cases where political demands take the shape of ‘rights claims’, things get difficult to settle; largely due to the reason that if a party claims that a political demand is their right, it becomes non-negotiable to the extent of being irresoluble (Ignatieff, 2000). It should therefore be understood that these rights may in fact serve the negative elements of a society to mask their hidden political agendas as human rights while working to enhance their political ideologies or interests.  Gender in conflict-affected environments Sexual and gender based violence (SGBV) is an umbrella term for human trafficking, domestic violence, genital mutilation and sex-selective massacres (The Women’s Health Council, 2009). Although it is commonly thought that gender based violence is only directed towards the female sex, the reality is different from this perception. Men of any age , boys and children may also become victims of violence and there is a need to understand that violence in any given conflict is based upon the specific targets of the conflicting forces. Margot Wallstrom’s (UN Social Representative of the Secretary-General (SRSF) on Sexual Violence in Conflict) assertion that “wars have entered the marketplaces where women trade; they follow children en route to school; and haunt the prison cells where political activists are detained” should be kept in mind to understand the very nature of war that plays havoc during periods of conflicts (UN News Centre, 2012). For this reason, it is fair to assert that violence may be directed towards both sexes under different scenarios.  However, UN Women has revealed that the females of a society are disproportionately affected under conditions of conflicts. This fact is further substantiated by UN Women’s statement which highlights the difference in casualties between both sexes. Nearly 90 %of the casualties take place among civilians and most of these 90 per cent are children and women (Stockholm International Peace Research Institute, 1999). Additionally, severely decapitating forms of sexual violence that themselves contribute to the death of women is commonplace in regions that are conflict-affected. Such dreadful occurrences are often the result of political motives that lie behind such heinous crimes (Bastick et al, 2007). Since women function to make the bonding and survival of families possible, any defects that take place in the infrastructure of a society due to an ongoing conflict is likely to affect them directly. The realisation of this fact by the offending party allows them to utilise this weakness for their benefit and in doing so they ensure that sexual exploitation of women becomes a price they have to pay for the survival of their family and themselves. Although, it is generally assumed that in post-conflict scenarios hostility towards women diminishes, the reality is different. It has been suggested that SGBV, which prevails widely during conditions of conflict, becomes ‘socially normalised’ and for this reason, its continuation in the post-conflict era becomes a possibility and therefore a reality (Millett, 1970). Surprisingly, the magnitude of this form of violence is extraordinarily great and is supported in a systematic way by a complex interplay of various forces that are prevalent in conflict-affected regions. In addition to this, the social norms of societies further aggravate the living conditions of the victims of sexual violence. An example of this is the arrest of rape victims in Sudan for illegal pregnancy charges (ST, 2014). Additionally, families tend to abandon such females due to the ‘shame’ that is associated with such illegal pregnancies; a factor that contributes to the hardships of those women (Cook, 2009).  Although conflicts also affect the lives of men, this impact is different in various aspects. Many young boys and adult men are forcefully recruited into armed groups, which become a direct threat for their lives (Beah, 2008). Additionally since men perform the role of breadwinner in most societies of the world, they are at increased risk of getting affected by ongoing wars and physical combats. Compromised infrastructure of the society contributes to unemployment, which is a major contributor of the demographic stress and affects men directly.  A closer analysis of the situation reveals that women are particularly vulnerable during periods of ongoing conflicts and in post-conflict situations (Sørensen, 1998). Although various laws for the protection of females living in such conditions exist, the reality is that the implementation of such laws in conflict-ridden regions of the world is not a possibility. The primary reason for this is the reality that the infrastructure, upon which the implementation of laws is dependent, loses its existence early during the onset of a conflict (USIP, 2010). This may be in the form of failing judicial and policing system or in the form of judicial corruption promoted by the forces that are inclined upon inflicting damage to their target population. The role of economic factors in this regard should not be overlooked, since smooth functioning of any system demands a smooth flow of fiscal resources; a factor that starts getting compromised with the onset of a conflict.  The high casualty rate of females in conflict-affected regions is a reflection of the common perception that women are incapable of defending themselves (True, 2012). Keeping in view the fact that law enforcement in conflict-affected regions of the world becomes impossible during ongoing aggression, the international bodies concerned with the protection of human rights should divert their efforts towards empowering women in terms of their preparedness for war. This may include training for various combat forms as well as teaching of various techniques of endurance to enhance their chances of survival during stressful conflict conditions. In addition to this, effective prevention of sexual crimes can be made possible by getting rid of impunity that prevails in the conflict-affected areas.  Security in conflict-affected environments The Security of women in conflict-affected areas of the world is a challenge. Being more vulnerable due to their inherent weakness, women endure extremely violent forms of oppression during times of war (Olonisakin et al, 2012). The most common offence against women is sexual violence, which takes place largely due to the lack of law enforcement during times of war. Interestingly, sexual violence in conflict-affected areas is regarded as being ‘collateral damage’ (Leatherman, 2011). This is an assertion that despite having no moral, rational or religious ground, is propagated on a worldwide scale. A direct extension of this understanding is the concept that sexual violence is inevitable and that it should be regarded as being acceptable. In addition, sexual violence is used as a weapon, since it is silent and effective (IPS Correspondents, 2010). There is a need to understand that sexual violence can in no way be regarded as collateral damage and therefore perpetrators of this crime should face punitive actions. This failure to provide security to vulnerable individuals can be directly attributed to the inability of judicial system to provide justice. Although women are most commonly affected in the conflict-affected areas, it is yet worrisome to note that the provision of justice to victims of SGBV is not the priority of international bodies that operate in such regions. Consequently they are forced to rely on the local authorities to get their share of justice, authorities that are already handicapped due to the ongoing conflict (Ward & M arsh, 2006). Additionally, the security of women is not regarded as an issue that can interfere with the stability of a region. This is in sharp contrast to the other factors like the activities of insurgent groups or a rise in the unemployment, which are often considered the main cause of social evil that contributes to instability in a region (Rotberg, 2004). A closer analysis of this situation reveals that by not providing the required security to women, the proportion of population that is at risk is nearly half of the total population. This large segment of population should not be considered a minor part of the total population as the impact it can have on the total population can be significant. It is an unquestioned fact that the contribution of the members of the female sex towards the functioning of a human society is significant and any impairment of this function may equate to the total collapse of a community.  UN Secretary-General’s assertion that “sustainable peace is possible only with women’s full participation – their perspectives, their leadership, their daily, equal presence wherever we seek to make and keep the peace” (UN Women, 2010) appears absolutely true keeping in mind the fact that the participation of women in matters of women’s security is close to nil. So far, the progress in the prospect of increasing the involvement of women in matters of their security has been considerably distressing. Very few women participate in the process and those who participate are unable to bring about a significant change in the overall process since it is male-dominated and male-oriented; the consequence being a failure in propagating the female perspective in the planning and implementation of the ongoing conflict-resolution processes (Geneva Centre for the Democratic Control of Armed Forces, 2005).  Although men are directly involved in the policymaking process of governments, provision of absolute and flawless security to men is also not a possibility. Due to the inherent culture of many societies, men are regarded as being the protectors of women and children. For this reason, it is common to observe that men function as the first line of defense against an ongoing intrusion. This compromises their security significantly. Failing judicial system compounded with corrupted governing systems contribute to the vulnerability of men. Men are therefore forced to endure various risks of life during times of insecurity. Sexual violence directed against men is also a known issue.  In addition to increasing the participation level of women in matters of conflict-resolution, there is a need to train them regarding the various aspects pertaining to this process. Their role in the decision-making process also needs to be redefined, since the present condition does not allow them to take part in such processes. An important cause of failure of various mechanisms to prevent sexual violence is the lack of punitive approach that currently prevails in conflict-affected regions (Rehn et al, 2002). There is a need to end this impunity by devising and implementing corrective approaches. Since no example is set for the criminals, the sex offenders continue to seek opportunities that favour their malicious or lustful intentions towards women. The national courts of conflict-affected countries should take the responsibility of prosecuting sexual violence in order to provide justice to the survivors even when arm conflict is underway (Aas, 2010). This is an effective way to ensure the security of women in conflict-affected regions of the world. Additionally, women should be educated about their right to justice, since most women remain unaware of this aspect and therefore accept silence as the only solution available in this regard.  Justice in conflict-affected environments As pointed out by Kaldor, (2006), the ratio of worldwide military to civilian casualties was 8:1 during the start of the last century; the ratio has however reversed and military to civilian casualties’ ratio during the wars that took place during 1990s was 1:8. This is a clear reflection of the fact that the ultimate sufferer of damage in present day wars is the civilian population. In armed conflicts, the offenders avoid becoming the target of military forces and prefer to demonstrate their power through the use of violence that is directed against civilian population (Solis, 2010). This option is beneficial for them since it allows risk-free interventions that give rise to terror in the conflict-affected regions; a factor that allows them to manipulate the civilian population in their desired manner.  Human rights violations take a variety of forms in conflict-affection environments. These may include attacks on civilian population, massacres or genocides, torture, prisoner execution, rape, secret burial, forced recruitment into army, damage to buildings and crops and preventing relief convoys from reaching the affected areas (Department of Criminology, 2012). These are a few direct manifestations of the oppression that is common place at conflict-affected areas. The indirect effects of such happenings take the shape of collapse of infrastructure that is essential to make possible the delivery of justice.  The prospect of adopting a punitive approach towards the perpetrators of sexual crimes has recently been explored with more determination. A strategy to publicly name the armed forces that are involved in such crimes to bring shame unto them has been recommended (Great Britain, 2011). Additionally, high profile offenders like Charles Taylor, the former president of Liberia, have been brought to justice to convey the message that impunity will no longer be a choice (Carey & Mitchell, 2013). Although these approaches can be considered major milestones in the pathway of providing justice to sexually assaulted women, they are not sufficient to provide ample protection to the women at risk of sexual crimes. Additionally, the behaviour of the society towards the victims of sexual crimes is often not helpful; in many cases such victims have to face social isolation due to the associated social stigma (Brouwer, 2005).  In post conflict scenarios, the situation tends to aggravate further or at least persist in a form similar to the one witnessed during an ongoing conflict. In most cases, the women of a society do not possess the required resources to pursue the path of justice. For some, financial constraints become the limiting factor and for others distance functions as a hindrance. Access to the available resources is variable and for this reason discrimination becomes a norm. Unemployment, lack of housing facilities, lack of financial resources and inappropriate access to justice all contribute to the vulnerability of such populations. Provision of justice in such circumstances call for special approaches, since the usual pathway of justice is impossible to pursue (Green, 2008).  Various approaches have been adopted in this regard with variable results. An effective approach that is commonly referred to as ‘transitional justice’ has been the subject of much interest. Transitional justice combines judicial and non-judicial actions into one approach enable the provision of justice at all levels. The main processes include criminal prosecutions, reparation, truth commissions to find the real story of a crime, implementation of reforms at governmental level, and national consultations (Villalba, 2011). The approach is novel in the sense that it involves multiple bodies and actions to make possible the provision of justice to all. The negative aspect of this approach is that a smooth collaboration of all participants of this process demands more resources and effective communication between the participants; a prospect that appears remote in areas that are not well-administered.  Conclusion  From the above discussion it can be concluded that human right violations are commonplace in regions with ongoing conflicts. No matter what the cause, conflicts inflict considerable damage on the residents of the region in terms of losses related to lives and property. It is common for conflicting parties to justify their respective violent actions by labeling them an integral part of their struggle to gain their rights. In most conflicts, the right to basic inalienable rights is used as a cover to hide the political agendas that underlie the conflict phenomenon. For this reason, solving a conflict requires that the real underlying motives of a conflict be understood and revealed prior to the implementation of measures regarding solution of the conflict (Sandole & Van, 1993). Conflicts appear to affect the different classes of a society in a variable manner. Segregation of the members of a society on the basis of gender reveals that the effects of conflicts on both genders are considerably different from one another. Both sexes are affected in different ways and it is therefore imperative to understand the factors that contribute to the misery endured by members of each sex. Women in general are more affected as compared to men; largely due to their vulnerability and dependency on the male members of the society. The provision of justice in conflict-affected parts of the world is a challenge for the authorities and international bodies that work to restore justice. Major limitation in this regard is the collapse of infrastructure as a result of ongoing combats (Rotberg, 2004). Provision of justice to the women is an additional problem, which is further aggravated by the fact that very little women are involved in the process of justice delivery, policy making and decision taking processes (OECD, 2013). Although various measures are already underway to improve the scenario related to provision of justice, the overall results of this process are as yet not encouraging. There is a need to overcome the prevailing impunity in order to restore justice to its maximum level. This is perhaps the only way to send a strong message to perpetrators that will serve to protect the vulnerable groups from becoming the victims of criminals in future. References Aas, S. E. (2010). “Nothing about us without us”Sexual violence in conflict - how to end impunity? 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