A number of normative policy frameworks at the international and national level promote gender equality, including in FCAS. Security Council Resolutions 1325 and 1820 aim to empower and protect women in situations of violence and insecurity. They incorporate both general protections for women (based on the similarities between men and women) and special protections (based on the difference between men and women) (UN Women, 2012a). In 2013, the Committee on the Elimination of Discrimination against Women (CEDAW) adopted General Recommendation No. 30, which obliges states to prevent, investigate, punish and ensure redress for crimes against women by non-state actors. For further resources on these and other prominent international commitments and frameworks, see Table 1, below.
While international frameworks reflect an emerging international consensus on the significance of gender in conflict, some experts argue that certain laws problematically depict women as victims and males as perpetrators, and focus too much on the protection of women. This can undermine women’s agency and fails to consider their broader experience of and roles in armed conflict (Barrow, 2010).
What impact has international law had?
There is a paucity of evaluations of the impact of international law on gender and conflict. An impact study of 12 UN peacekeeping operations in 11 countries finds that success varies in the implementation of UN Security Resolution 1325, and that overall, gains have been modest (UN, 2010). While women’s political participation has increased significantly, there has been only modest success in including women in disarmament, demobilisation and reintegration programmes and little success in including more women in peace negotiations. The presence of female peacekeepers has helped to challenge traditional ideas of gender and encourage women to enter the security sector, but there are still too few women in this sector.
Legal and judicial reforms have helped support the adoption of gender equality provisions in national constitutions and relevant national laws. However, progress on improving gender balance and building capacity across the judicial system is less clear. While better legal structures are in place to address sexual and gender-based violence, it continues with impunity in many conflict-affected areas (UN, 2010).
An evaluation by the OSCE (2012) finds no coordinated initiative to implement UNSCR 1325 – and no systematic exchange of best practice or lessons learnt – in the OSCE region. It calls for states to establish timelines for implementing reform, set baselines for gathering meaningful statistics, and commit funds for audits to measure progress (OSCE, 2012).
What impact have national action plans had?
A number of international organisations, regional bodies, and countries, have developed National Action Plans (NAPs) for the implementation of UNSCRs 1325 and 1820. NAPs are designed to promote women’s participation in decision-making, mainstreaming women’s views in all aspects of prevention and prosecution of conflict-related crimes, protection from gender-based violence, and women’s role in relief and recovery. The process of developing a plan provides the opportunity to coordinate relevant cross-ministry actions (Swaine, 2013); although this does not necessarily occur in practice.
Approaches to NAPs vary, as do their quality and content. While evidence of the impact of NAPs is weak (EPLO, 2013), the literature discusses various implementation challenges. These include lack of genuine participation of key stakeholders and political actors, weak accountability, lack of a dedicated budget, and a focus on measuring outcomes rather than results (Swaine, 2013; EPLO, 2013).
There is emerging concern about gaps between national level commitments and subnational-level implementation. Strategies are being developed to involve local governance structures and decentralise NAP implementation; and to engage in monitoring and evaluation at regional and community levels (Swaine, 2013). NAPs that were developed through inclusive processes have a better chance of being implemented (EPLO, 2013). Recent reports highlight the need to develop more specific indicators of progress (FCO, 2013; UN Women, 2013).
Table 1: International policy frameworks
Framework | Resolution and key provisions |
---|---|
Beijing Declaration and Platform for Action (1995) | At the 1995 4th World Conference on Women in Beijing, states committed themselves to establishing mechanisms to promote women’s rights – including national action plans, gender strategies and legal frameworks. |
Convention on the Elimination of all forms of Discrimination against Women (CEDAW) | Adopted in 1979, defines what constitutes discrimination against women and outlines agenda for national action to end discrimination. |
UN Women, Peace and Security Agenda | The United Nations Security Council (UNSC) has passed seven resolutions under the Women, Peace and Security agenda (see box below). |
Comprehensive approach to the EU implementation of the UN Security Council Resolutions 1325 and 1820 on women, peace and security | UNSCR 1325 is a guiding principle for European Security and Defence Policy operations, and the EU has also developed a gender mainstreaming framework. |
NATO action plan | The action plan to mainstream UNSCR 1325 was endorsed in 2010. NATO is incorporating a gender perspective in crisis management, operational planning and exercise planning from the higher political and strategic level to the field-level. |
OSCE action plan for the promotion of gender equality (GAP) | Dates back to 2004 and focuses on six priority areas: equal opportunities; violence against women; legal frameworks; conflict prevention; national mechanisms; and political participation. |
UN Resolutions on Women, Peace and Security
- UNSCR 1325 (2000) calls for the prevention of conflict, stronger participation of women in peacebuilding, the protection of women’s rights during and after conflict, and a gender-sensitive approach to peacebuilding.
- UNSCR 1820 (2008) addresses SGBV. While men and boys are not mentioned explicitly in the resolution, due to resistance from some member states, the term ‘civilians’ is used to refer to men and boys.
- UNSCR 1888 (2009) reinforces UNSCR 1820.
- UNSCR 1889 (2009) reinforces UNSCR 1325 by calling for steps to improve its implementation. These include indicators and proposals for monitoring mechanisms. It also highlights the importance of gender-sensitive economics and education in FCAS.
- UNSCR 1960 (2010) reinforces UNSCR 1820.
- UNSCR 2106 (2013) addresses sexual violence and conflict.
- UNSCR 2122 (2013) focuses on the protection of civilians.
- Barrow, A. (2010). UN Security Resolutions 1325 and 1820: Constructing gender in armed conflict and international humanitarian law. International Review of the Red Cross, 92(877).
See full text - European Peacebuilding Liaison Office (EPLO) (Ed.). (2013). UNSCR 1325 in Europe: 20 case studies of implementation. Brussels: EPLO.
See full text - FCO. (2013). UK national action plan on women, peace & security final annual review. London: FCO
See full text - OSCE (2012). The secretary general’s annual evaluation report on the implementation of the 2004 OSCE action plan for the promotion of gender equality. Vienna: OSCE.
See full text - Swaine, A. (2013). National implementation of the UN Security Council’s women, peace and security resolutions (Policy Brief). Oslo: Norwegian Peacebuilding Resource Centre.
See full text - UN. (2010). Ten-year impact study on implementation of UN Security Council Resolution 1325 (2000) on Women, Peace and Security in peacekeeping. New York: UN DPKO
See full text - UN Women. (2013). Women, Peace, and Security: Guidelines for national implementation. New York: UN
See full text - UN Women. (2012a). UN Women Sourcebook on Women, Peace and Security. New York: UN.
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