How Women Shape Transitional Justice in Tunisia and Colombia TABLE of CONTENTS

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INCLUSIVE JUSTICE INCLUSIVE Shape How Transitional Women Justice in Tunisia and Colombia Tunisia Justice in Authors Roslyn Warren, Anna Applebaum, Briana Mawby, Holly Fuhrman, Rebecca Turkington, and Mayesha Alam Expert Advisers Ambassador Melanne Verveer Dr. Jeni Klugman Acknowledgements The Georgetown Institute for Women, Peace and Security (GIWPS) is deeply grateful to the Norwegian Ministry of Foreign Affairs for making this study possible, and, in particular, to Marita Sørheim-Rensvik, whose personal dedication to this mission is indefatigable. In addition, the authors of this report would like to thank the following individuals and organizations for their advice and support: Bernard W. Aronson (the US Special Envoy to the Colombian Peace Process), Alma Perez, Amel Bouchamaoui, Djordje Todorovic, Javier Pinzón, Rosa Jiménez Ahumada, Sami Rhili, and Tahar Hamel. We are a small but mighty team. This report would not have been possible without the support of our fellow staff members: Chloé White, Mara D’Amico, Alexander Rohlwing, Andrea Welsh, Andrew Walker, Annabelle Timsit, Haydn Welch, Luis Mancilla, and Sarah Rutherford. We would also like to express our profound gratitude to Fionnuala Ní Aoláin, Catherine O’Rourke, Gimena Sánchez-

Garzoli, Lucia Hanmer, Sahla Aroussi, and Virginia Bouvier for serving as external reviewers of this report. Design and Layout Upwelling Ltd. Cover top photo: © Chedly Ben Ibrahim / Corbis via Getty Images; Cover bottom photo: © Guillermo Legaria / AFP / Getty Images

How Women Shape Transitional Justice in Tunisia and Colombia TABLE OF CONTENTS

Foreword by Ambassador Melanne Verveer...... i

List of Tables...... ii

List of Acronyms...... iii

Executive Summary...... 2

Motivation and Methodology...... 4

A Review of the Literature on Women and Transitional Justice...... 7

Tunisia: Redefining Victimhood...... 12

Colombia: Creating Space for Women in Peace...... 27

Global Implications...... 45

Appendix: Methodology...... 46

Bibliography...... 55

Endnotes...... 68 FOREWORD by Ambassador Melanne Verveer

The 21st century has seen several countries make the This study, made possible through the generosity of challenging transition from conflict to peace and from the Norwegian Ministry of Foreign Affairs, draws dictatorship to democracy. In 2016, Colombia cele- on extensive fieldwork in Tunisia and Colombia, to brated an historic peace agreement between its govern- explore how women have been involved in shaping ment and the Revolutionary Armed Forces of Colombia transitional justice processes, the strategies they have (Fuerzas Armadas Revolucionarias de Colombia-Ejército used, and the significance of their efforts. Its find- del Pueblo, or the FARC), ending a conflict that had ings are grounded in the experiences and expertise of endured for more than half a century. Seven years ago, women and men in government and civil society in Tunisia began its Jasmine Revolution, culminating in both countries. the most promising transition of the Arab Spring. By relaying these experiences, we seek to provide evi- The success of these transitions is not assured: both dence-based research to scholars, practitioners, and nations are now working to lay the foundations for policymakers, in order for them to formulate sound effective and responsive governance and sustainable policies for creating inclusive and effective transitional peace. Each country has established a transitional jus- justice mechanisms. When their voices are heard and tice process, intended to create accountability for past experiences tapped, women can be powerful agents of human rights abuses. These mechanisms, if success- change for creating more peaceful and just societies. ful, offer communities the opportunity to heal and to address the root causes that initially led to conflict.

The inclusion of women’s experiences, needs, and perspectives in transitional justice processes is critical to a i society’s ability to achieve sustainable peace. Women

experience conflict in unique ways and can provide Justice Inclusive distinct perspectives on how best to confront the real- ities of their country’s difficult past. In order to create solutions that benefit the whole of society, women’s voices must be heard.

In both Tunisia and Colombia, how transitional justice is implemented – and who is included – will have long-term consequences for the outcomes of these transitions. In both contexts, women have helped to define these mechanisms and to lay the framework for political, social, and economic change. In each, Ambassador Melanne Verveer they have played substantial roles in laying a founda- Executive Director tion for an inclusive transitional justice process and Georgetown Institute for in creating a path forward for a transitioning society. Women, Peace and Security LIST OF TABLES

Tunisia

Tunisia’s Transitional Justice Mechanisms...... 16

Leadership of the IVD and its Sub-Commissions...... 17

Process to Establish the IVD and Women’s Gains...... 18

Colombia

Government Ministries Involved with Transitional Justice...... 30 ii Structure of the Havana Dialogues...... 32

The Integrated System of Truth, Justice, Reparation, and Non-Repetition...... 32

The Cumbre and its Networks ...... 39 Georgetown Institute for Georgetown Women, Peace and Security Peace Women, LIST OF ACRONYMSi

General Terms Colombia

CSO – Civil Society Organization CMSMP – Corporación Mujer, Sigue Mis Pasos | Woman, Follow My Steps ICC – International Criminal Court – – ELN Ejército de Liberación Nacional | ICTJ International Center for National Liberation Army Transitional Justice – – FARC-EP/FARC Fuerzas Armadas NGO Non-Governmental Organization Revolucionarias de Colombia-Ejército del Pueblo | Revolutionary Armed Forces OHCHR – Office of the United Nations of Colombia-People’s Army High Commissioner for Human Rights GSC – La Subcomisión de Género | Gender UN – United Nations Sub-Commission UNDP – United Nations Development JPL – Ley de Justicia y Paz de Colombia | Programme Justice and Peace Law of Colombia

LIMPAL – Liga Internacional de Mujeres por la Paz y la Libertad | Women’s International iii League of Peace and Freedom Tunisia – PAARI Plan de Atención, Asistencia y Justice Inclusive Reparación Integral a las Víctimas | Plan – AFTURD Association des femmes tunisiennes for Attention, Assistance and Integral

pour la recherche sur le développement | Reparations to Victims Association of Tunisian Women – for Research on Development PCN Proceso de Comunidades Negras | Group of Black Communities ATFD – Association tunisienne des femmes – démocrates | Tunisian Association of SIVJRNR Sistema Integral de Verdad, Justicia,

Democratic Women Reparación y No Repetición | Integrated System of Truth, Justice, Reparation, – IVD Instance verité et dignité | Truth and Non-Repetition and Dignity Commission SNARIV – Sistema Nacional de Atención y – RCD Rassemblement constitutionnel démocra- Reparación Integral a las Víctimas | National

tique | Democratic Constitutional Rally System for Integral Reparations to Victims

iAcronyms are only listed in this section if they appear in the report more than once. EXECUTIVE SUMMARY

Most countries relapse into conflict within ten years Sub-Commission in Colombia, allowed more citi- of making peace. Building long-lasting peace requires zens to participate in the unfolding political transi- recognizing and reconciling the deep-rooted causes of tions. This may both enable states to better address conflict and its impacts. Transitional justice can con- root causes of violence and confer legitimacy on their tribute to sustained peace through a set of processes political agreements. In each case, women’s active and mechanisms that facilitate accountability and and early participation as officials and in civil soci- reconciliation after conflict or political change. ety helped make innovative and inclusive mechanisms possible. Effectively addressing past wrongs to build sustainable peace means addressing the needs of all those Tunisia involved. Women and men experience conflict differ- Tunisia’s Jasmine Revolution (2011) sparked the Arab ently – due to gender roles and social norms – and to Spring and catalyzed the only promising – albeit dif- succeed, transitional justice processes need to account ficult – transition from dictatorship to democracy in for these differences. the MENA region. Critical to the viability of this young democracy will be its ongoing transitional jus- This study looks at how women shape transitional tice process, the mandate of which includes address- justice in Tunisia and Colombia – two very differ- ing human rights violations that occurred between ent contexts – and suggests why, and how, these cases 1955-2010, as well as during the 2011 uprising that provide valuable lessons for other nations undergoing sparked the Revolution. Women’s leadership contrib- political transition. uted to a broader understanding of the suffering faced 2 by Tunisians during the previous regimes, although it Findings is too early to judge what the impacts and outcomes Both cases establish a high standard for women’s of the highly-politicized process will be. inclusion in transitional justice. Three key routes led to a more inclusive process:

Tunisian and Colombian women participated in offi- YY cial capacities early in each process. Female officials Women’s leadership in official transitional justice and women's civil society organizations (CSOs) advo- mechanisms, such as Tunisia’s truth commission cated for and gained formal recognition of specific (Instance vérité et dignité, IVD), helped integrate

Georgetown Institute for Georgetown harms that women faced under dictatorship in Tunisia gender into the work of these mechanisms, and

Women, Peace and Security Peace Women, and during civil war in Colombia. As a result, the facilitated access for women in civil society and female definition of victimhood in Tunisia was expanded to victims to participate more fully in the process.

include socio-economic harms (such as being barred YY from educational and employment opportunities); in Women's CSOs facilitated an open and accessi- Colombia, amnesty for the crime of sexual violence ble process, which resulted in a fivefold increase – prevalent in the decades-long conflict – was explic- between 2014 and 2016 in the number of women itly barred in the final peace agreement. In both cases, who submitted testimony about their experiences.

women’s leadership spurred inclusive mechanisms YY through which female victims could participate more The stories of female victims – combined with the fully in the process, and in greater numbers. work of female officials and women’s CSOs – led to a broader understanding of what it means to be Inclusive mechanisms can help to ensure lasting a victim of the previous regimes, making Tunisia’s peace. The creation of specific structures, such as the transitional justice process the first to formally Women’s Commission in Tunisia and the Gender recognize socio-economic harms as a violation. State recognition of socio-economic violations not The case of Colombia sets a high benchmark for only formally acknowledges a diverse set of harms as women’s participation and gender-responsive mech- potentially worthy of redress, but also broadens the anisms. In addition to setting a precedent, the sex- narrative, so that women are not seen simply as vic- ual violence provision reveals the potential to lev- tims of sexual violence. This recognition enables the erage international legal standards, such as those in Tunisian government to more fully address structural the Rome Statute, to shape negotiated agreements. inequities, such as institutionalized economic dispar- Finally, the Colombian case shows how the architec- ities and political discrimination, that characterized ture of the peace process, and specifically the involve- the preceding dictatorships. ment of women and gender issues therein, can inform the transitional justice process that follows. Colombia Remaining Challenges and Looking Ahead In 2016, the Havana peace process ended over fifty years of civil war between the Colombian govern- Significant challenges remain. The highly politicized ment and the FARC, the country’s largest guerilla nature of the Tunisian process is a serious impedi- group. The sustainability of this peace depends in part ment to its success. The use of sexual violence dur- on an inclusive transitional justice process that fairly ing the previous Tunisian regimes – the prevalence of addresses the sources of decades of violence. Women which is being unearthed by the transitional justice laid the groundwork for inclusion in advance of the process – remains largely unaddressed. Additional peace talks in Havana, yielding significant gains for barriers will undoubtedly emerge as Tunisia’s truth women in the final accords. commission sorts through the tens of thousands of testimonies it received and proceeds with reparations 3 There were three critical achievements: and prosecutions.

YY Justice Inclusive Before the peace negotiations, ministries with Colombia also faces several hurdles: the continued transitional justice mandates, such as the marginalization of Afro-Colombian and indigenous Victims Unit and the Ministry of Justice, began women; the potential for additional public backlash implementing gender policies, adapting the against an agreement that many feel offers inadequate earlier work of Colombian women’s CSOs. punishment for the FARC (a sentiment that was par- YY tially responsible for the 2016 referendum results); During the peace negotiations, new commissions and the challenge of implementing a comprehensive and rules – specifically, the innovative Gender Sub- and far-reaching peace agreement. Commission (GSC) and the de facto gender quota for the victims’ delegations – yielded concrete In sum, the cases of Tunisia and Colombia show how gains for women in the final accords. Women women’s strategies, the responsiveness and support of on the GSC had the authority to review draft the authorities, and the associated achievements offer protocols before finalization and helped create a important lessons for building inclusive transitional shared objective – to analyze the accords through a justice around the world. gender lens – between the negotiating parties.

YY The negotiations resulted in the first peace agreement to explicitly prohibit amnesty for crimes of sexual violence during conflict, setting a valuable precedent for future peace negotiations. MOTIVATION AND METHODOLOGY

MOTIVATION METHODOLOGYii For a state undergoing political transition, transi- The study aims to answers the following question: tional justice can be a key tool through which society How are women shaping transitional justice in Tunisia addresses the past and charts its future. This report and Colombia? To answer this question, the authors explores the gains from and implications of two organized their work using four distinct processes:

such processes currently unfolding in Tunisia and YY Colombia. By providing a real-time analysis, this an in-depth literature review; YY report offers context-specific lessons that can be used a systematic identification of participants; by those involved in the Tunisian and Colombian YY processes, while also clarifying global implications data collection via semi-structured interviews that can be used by policymakers or practitioners conducted in Tunisia and Colombia; and YY involved in designing and implementing transitional grounded coding and thematic analysis of the data justice processes worldwide. collected from those interviews. Tunisia and Colombia differ politically and geo- The authors began by establishing the scope of the graphically, but share contextual and thematic syner- study. Both Tunisia and Colombia have long histories gies: as each moves away from structural and political of addressing violence through judicial proceedings, violence, the role of transitional justice has become and each country has designed and implemented var- critical in shaping the societies that will emerge from ious transitional justice processes at different stages the transition. As the birthplace of the Arab Spring in their respective histories; Colombia, in particular, 4 and as a burgeoning democracy, Tunisia intends to has instituted several transitional justice programs address decades of systematic discrimination per- to address violent conflicts waged over decades with petrated by the state. Colombia, ending more than multiple armed groups. As a result, in order to achieve half a century of conflict between the Colombian a focused and productive analysis, the research team government and the Revolutionary Armed Forces limited the temporal scope of this study to the most of Colombia (Fuerzas Armadas Revolucionarias de recent transitional justice process for each country Colombia-Ejército del Pueblo, or the FARC), promises reviewed. In the Tunisia case, the authors analyzed to address victims’ needs under the final peace accords events and processes from 2011 until 2016, includ- concluded in Havana. In each case, the unfolding ing all transitional justice related decisions made

Georgetown Institute for Georgetown transitional justice process will likely play a key role following the Jasmine Revolution, with a particular Women, Peace and Security Peace Women, in the durability of the political transition underway. focus on the formation and activities of the Truth and Dignity Commission (Instance vérité et dignité or In both, women have been, and continue to be, cen- IVD). In the Colombia case, the authors examined tral to the ongoing transitional justice processes. This the transitional justice mechanisms created under the report highlights the gains women have made, the Havana peace negotiations between the Colombian strategies they have employed, and the significance government and the FARC, as well as existing tran- of these efforts. By articulating the practical gains sitional justice provisions from the 2011 Victims and and enduring challenges to building inclusive tran- Land Restitution Law (Ley de Víctimas y Restitución sitional justice systems, this report details not only de Tierras, or Victims Law). Negotiations between how women shaped the transitional justice processes the government and the National Liberation Army in Tunisia and Colombia but also why their efforts (Ejército de Liberación Nacional, or ELN) are not matter. included, due to time and resource constraints.

ii Further detail relating to the research methodology can be found in the Appendix. The Appendix includes: the English, French, and Spanish Boolean search terms and databases used to conduct the literature review; the search terms and source material used to identify interview participants; the full list of interviewees for each case study as well as all relevant interview protocols and questionnaires; and the sub-set of research questions used to conduct the grounded coding and thematic analysis from the primary data collected. Literature Review Semi-Structured Interviews with Key Informants To place the study in the context of existing literature In Tunisia and Colombia, the authors conducted on women and transitional justice, the authors con- semi-structured interviews with members of civil ducted a systematic review of literature on the sub- society, government officials, and representatives of ject, then critically reviewed 146 pieces of literature international organizations who had been directly selected from that process. First, the authors created involved in the transitional justice processes dur- Boolean search terms to capture relevant literature ing the temporal scope of each case study, with the across 13 databases. From the thousands of results research team conducting a total of 28 interviews derived from these searches, the authors selected in Tunisia and 36 in Colombia. In each case, the 146 journal articles, books, and governmental and research team worked with interpreters, conducting non-governmental (NGO) reports, using inclusion interviews in English, Spanish, French, or Arabic, and exclusion criteria based on relevance, method- depending on the linguistic preferences of each inter- ological rigor, and the overall caliber of analysis. Of viewee. In each case, the research team conducted the the 146 pieces of literature captured, only 10 focused bulk of interviews in major cities (Tunis, Bogotá, and expressly on Tunisia and 33 centered on Colombia. Cartagena) over a span of two weeks. To reach par- The authors then analyzed these 146 sources accord- ticipants in other areas, the research team conducted ing to each study’s methodology, conceptualization of interviews by phone and by Skype, where appropri- justice and participation, barriers identified in achiev- ate. In Colombia, the research team was unable to ing justice and participation, subject matter studied speak directly to members of the FARC, due to a (such as the women on whom the analysis focused), combination of factors: the data was collected while and best practices or lessons identified. Primary and peace negotiations were ongoing, the FARC remains 5 secondary resources were published predominantly in classified as a Foreign Terrorist Organization by the

English, but Boolean search terms were also trans- United States Department of State, and the team was Justice Inclusive lated into French and Spanish, depending on the case unable to gain access to FARC members through the study under review, in order to capture and analyze relevant government channels. additional texts published. Database searches were not conducted in Arabic due to language and resource Wary of imposing pre-conceived notions of “tran- limitations, although the research team conducted a sitional justice” onto the unfolding processes, the limited document analysis of Arabic materials gath- authors constructed open-ended research questions ered in-country. concerning transitional justice in general, rather than narrow questions concerning specific institutions. This Identifying Participants strategy enabled study participants to define transitional justice as a concept and focus on the mecha- To identify participants for this study, the authors cre- nisms important to them, based on their personal ated a separate set of search terms to comb through experiences and their country context. Throughout, international, Tunisian, and Colombian news sources the interviews focused on how women accessed tran- as well as international think tank and NGO reports. sitional justice mechanisms and implementation pro- Searches were conducted in English, French, and cesses, how they participated in those processes after Spanish. Out of the resulting articles and reports, the obtaining access, the issues for which they advocated, research team drew the names of key players in civil and the networks and connections they found useful. society, government, and international organizations. Recognizing that women of different backgrounds These names were then vetted for relevance to the have varied perspectives, the authors made an effort study. To fill any potential gaps in this mapping pro- in both countries to interview women from diverse cess, the authors also consulted subject matter experts social, ethnic, and political groups. for each case, added suggested names to the participant mapping, then vetted those additional names accordingly. Coding and Thematic Analysis The authors employed a grounded coding methodology to analyze the data collected, drawing codes directly from the interview transcripts and identifying themes that emerged across the transcripts for each case. The authors then used themes identified to answer the sub-set of research questions for the study. To reduce coding bias, three members of the research team coded the transcripts for each case study: two who had collected the data in-country, and one who had not. The themes derived from this process form the outline of the results detailed in this report.

Real-time data analysis presents obvious challenges, since the circumstances are dynamic: in Tunisia, the research team conducted its fieldwork in May 2016, just before the IVD testimony submission deadline; in Colombia, the research team collected the data in June 2016, prior to the finalization of the peace accord and the national referendum in which it was 6 voted down. However, the authors mitigated these limitations by making the case studies process-ori- ented, focusing the analysis on how gender-sensitive results materialized. As such, regardless of the outcomes of the broader political transitions currently unfolding, the key findings and global implications in both cases can serve as useful tools to policymakers and practitioners. Georgetown Institute for Georgetown Women, Peace and Security Peace Women, A REVIEW OF THE LITERATURE ON WOMEN AND TRANSITIONAL JUSTICE

This literature review introduces the concept of tran- Transitional justice is characterized by a mandate to sitional justice and provides an overview of the key redress past wrongs, while also providing a foundation ideas and debates in the literature on women and for building peace. O’Rourke summarizes these dual transitional justice.iii This review reaffirms the signifi- aims: “Transitional justice refers to the legal, moral, cant growth in scholarship on women and transitional and political dilemmas of providing accountability for justice, although the depth and quality of analysis var- the mass human rights violations that occurred during ies. Particularly relevant for the two case studies in periods of violent conflict and repressive rule, while this report, this review concludes that: assisting the transition out of political violence.”2

YY the literature on women and transitional justice As a field of practice, transitional justice is based on remains theoretical, and largely qualitative; the premise that respect for the rule of law and human YY 3 important themes in this field include women’s rights contributes to sustainable peace. Bueno- participation in transitional justice mechanisms, the Hansen envisions transitional justice as “[looking] to inclusion of issues disproportionately or uniquely the past to address wrongs, to the present to construct affecting women in transitional justice processes, and a new ethical and institutional framework to inter- the extent to which transitional justice can facilitate pret that past, and to the future in order to fulfill the 4 societal transformation (in reshaping a country’s promise of ‘never again’.” political, social, and economic processes); and YY The United Nations Special Rapporteur on the pro- the field would benefit from more research, based motion of truth, justice, reparations and guarantees on the perspectives of affected women themselves, of non-recurrence states that the goals of transitional 7 on the important roles they play in designing and justice are recognizing the fact that victims have been implementing transitional justice mechanisms harmed, building trust between individuals and also beyond their roles as victims. between individuals and state institutions, facilitat- Justice Inclusive 5 Defining Transitional Justice ing reconciliation, and strengthening the rule of law. Transitional justice concerns itself with fixing state Transitional justice may be defined as a set of processes institutions as well as repairing social bonds, address- and mechanisms that intend to foster justice, account- ing both the security of the state and the security of ability, and/or reconciliation for communities emerg- individuals.6 ing from conflict or undergoing periods of political change. The International Center for Transitional Implementing Transitional Justice Justice (ICTJ), one of the leading players in studying and implementing transitional justice, defines it as: Transitional justice may be implemented in a variety of ways. Retributive forms of justice – punishing perpetra- 7 “Transitional justice is a response to systematic tors of wrongful acts – usually involve criminal prose- or widespread violations of human rights. It seeks cutions. In contrast, restorative justice – non-punitive, recognition for victims and promotion of possi- focusing on reconciling relationships – tends to include mediation and dialogue between perpetrator, victim, bilities for peace, reconciliation and democracy. 8 Transitional justice is not a special form of jus- and the community. Reparative justice – compensat- ing a victim for loss or injury9 – may take the form of tice but justice adapted to societies transforming material compensation, such as money, housing, or edu- themselves after a period of pervasive human cational stipends, or symbolic reparation, such as creat- rights abuse. In some cases, these transformations ing memorials or instituting days of remembrance. In happen suddenly; in others, they may take place 2010, United Nations Secretary-General Ban Ki-moon 1 over many decades.” categorized the components of transitional justice as:

iii This literature review provides an overview of the literature on women and transitional justice. It is not possible to provide a complete discussion of the field of transitional justice, its components, and its many proponents and critics. While transitional justice as a field also shares important ideas and concepts with the fields of study on international criminal law, political participation, and conflict and security, it is not possible in this report to delve into all of these connections and intersections. Additionally, publications that mentioned women as an aside but did not focus specifically on women as a primary subject were not included in this literature review. Please refer to the Appendix for a full description of the methodology used to conduct this literature review. This review provides a sampling of the literature specifically related to women and transitional justice, discussing who the key authors and actors are in the field and how these concepts are understood in the Tunisian and Colombian contexts. For a more complete overview of the field of transitional justice, see Teitel 2003, Arthur 2009, Forsythe 2011, Bell in Ambos, Large, and Wierda 2008, Leebaw 2008, and Kerr and Mobekk 2007. YY prosecution initiatives; has taken on a growing number of objectives, from YY justice and accountability to truth-seeking and recon- initiatives in respect of the right to truth (such as ciliation, and, ultimately, the creation of a more equi- truth commissions, commissions of inquiry, and table society.20 The Tunisia and Colombia case studies fact-finding mechanisms); in this report illustrate the dynamic set of issues that YY reparations; current transitional justice processes seek to remedy. YY institutional reform, to create institutions that How Women Enter Debates on Transitional Justice sustain peace and support human rights and the rule of law; and As the scope and aims of transitional justice evolve, YY women enter the debate in two main ways: in the national consultations (that is, mechanisms importance of women actively participating in tran- facilitating public participation in designing 10 sitional justice mechanisms and in the inclusion of transitional justice mechanisms). harms that disproportionately or uniquely affect The Special Rapporteur demonstrates the importance women in transitional justice processes. The literature of using a combination of these different approaches stresses the importance of both. These elements serve to provide victims with the most comprehensive and to eliminate barriers to justice many women experi- holistic means of redressing harms experienced.11 ence and to create gender-sensitive transitional justice, an aim the field increasingly connects with fostering The field of transitional justice debates several ongo- long-term societal transformation.21 As Lambourne ing questions: and Rodriguez Carreon posit, 8 YY What is the appropriate combination of transitional “Systemic barriers and deeply entrenched gender 12 justice mechanisms for each context? biases often undermine women’s full and effec- YY How can transitional justice mechanisms most tive participation in transitional justice processes. effectively serve diverse populations?13 There is therefore a need for both improved YY access for women to existing transitional justice Who should lead in the design and implementation of transitional justice (for instance, national mechanisms, and the development of different leaders, international officials, and/or grassroots approaches which better recognise and address 14 22 Georgetown Institute for Georgetown movements)? women’s justice needs in a more holistic way.” Women, Peace and Security Peace Women, YY To what extent can transitional justice mechanisms Illustrating what a holistic and reimagined approach facilitate reconciliation and transform society?15 might look like as a policy framework, the United Each context is different, and communities emerging Nations Entity for Gender Equality and the from conflict or undergoing political transition have Empowerment of Women (UN Women) argues that distinct needs when addressing the past and moving the creation of gender-sensitive transitional justice forward. mechanisms involves understanding that sustainable peace requires gender equity, the development of laws Why Transitional Justice Matters that foster and promote gender equity, the elevation of women as equal participants in the transition, and The field also continues to evolve through a discussion the provision of accountability for crimes commit- of the overall aim of transitional justice, with scholars ted against women and girls.23 Ní Aoláin, Haynes and practitioners debating the role that transitional and Cahn articulate this as “gender centrality,” which 16 justice can and should play. Originally concerned grounds the entire transitional justice process in gen- only with the most serious human rights violations, der equality. Conceptualized as such, gender equal- such as genocide, ethnic cleansing, crimes against ity becomes an express objective of the process.24 17 humanity, and war crimes, the field has recently The sections that follow outline key debates on wom- expanded to include many different types of viola- en’s participation and content relating to women in 18 tions, including displacement and social and eco- transitional justice mechanisms. nomic injustices.19 As it evolves, transitional justice Women’s Participation in Transitional Justice transitional justice processes and the lives of women Mechanisms victims.31 The authors that focus on gender main- streaming and the significance of women’s partici- Creating gender-sensitive transitional justice involves pation strongly emphasize the importance of recog- including women as active participants in transitional nizing and enabling women as agents in transitional justice mechanisms. The literature advances two pri- justice processes.32 Many discuss the different roles mary arguments for why this is important. The first 25 women play in conflict and its aftermath, emphasiz- argument, called the “justice claim” by O’Rourke, ing that women are not only victims, but also agents holds that since women form half of the population, of change, perpetrators of and bystanders to vio- to exclude women from decision-making that affects lence, and cause-driven activists.33 As such, simply the entire population is unjust. The second argument, increasing the number of women participants does the “different agenda claim,” argues that women hold not ensure that women’s needs will be represented: particular political interests that are overlooked when the individual women present, their priorities, and women are excluded from decision-making arenas. whether they are able to participate in meaningful O’Rourke goes on to explain more broadly why this ways are equally important factors in determining participation matters: whether women are represented more broadly.34 “…women’s greater participation in deci- Additionally, authors underscore the need to con- sion-making links women’s participation to a sider women’s varied experiences across diverse social groups. Alam, for example, cautions: “The essential- broader project of ‘increasing and enhancing ization of women, the assumption and indifference democracy.’ The claim for representation is not toward treating all women as the same, is frequent, 9 just aimed at the inclusion of women, but at problematic, and counterproductive in transitional transformative feminist engagement with poli- justice initiatives.”35 tics. The hope is that by changing the players the Justice Inclusive nature of the game will change in turn, thereby The literature clearly articulates the importance allowing a different set of priorities to emerge.”26 of women’s participation in a meaningful way, but equally clearly states how difficult this may be to Active participation can take a variety of forms, the achieve: transitional justice processes are mainly most common of which are: dominated and led by men, and thus it can be diffi- YY cult for women to access the design and implementa- participating individually or collectively in formal tion of these processes;36 women victims themselves capacities to design and implement transitional 27 often lack knowledge about transitional justice pro- justice processes; cesses, and find it difficult to access information and YY submitting testimonies to or testifying before resources regarding the mechanisms therein. This transitional justice bodies, such as truth and is often compounded by a failure to conduct victim 37 reconciliation commissions or criminal trials;28 and outreach; without cognizance of transitional justice YY institutions, conflict survivors cannot even attempt to grassroots lobbying and advocacy through participate. Other obstacles or challenges for women coalitions, networks, or other more spontaneous include physical distance38 (as in the case of refugees methods, to shape the design and implementation 39 40 29 living in Botswana), time-limited processes (as in of transitional justice mechanisms. South Africa),41 traditional cultural norms regarding The Tunisia and Colombia case studies demonstrate women42 (as in Timor-Leste),43 the fear of stigma each of these forms of participation and how each or other negative consequences to participating in contributes to creating gender-sensitive mechanisms. processes including retribution or violence44 (as in Bosnia and Herzegovina),45 shame and stigmatiza- The literature highlights the importance of women as tion46 (as in Peru),47 re-victimization and trauma48 30 decision-makers. However, many experts also con- (as in South Africa),49 or weak and untrustworthy tend that simply including women in decision-mak- institutions, or at least the perception of them as ing positions is insufficient – other forms of partic- such50 (as in Mali).51 ipation may be necessary to affect the outcomes of Content Related to Women in Transitional Justice The Impact of Gender-Responsive Transitional Justice Mechanisms Mechanisms The literature underlines the importance of incorpo- The concept of gender justice has become increasingly rating issues that disproportionately or uniquely affect prominent in the debate on whether transitional jus- women into transitional justice mechanisms. This tice processes can facilitate long-term societal trans- appears most notably in the context of addressing sex- formation. Valji defines gender justice as: ual and gender-based violence in justice processes.52 However, the literature also discusses the significance “The protection and promotion of civil, political, of integrating a gender lens into remedies for eco- economic and social rights on the basis of gen- nomic, social, and legal violence and discrimination.53 der equality. It necessitates taking a gender perspective on the rights themselves, as well as the Some authors caution against focusing primarily on assessment of access and obstacles to the enjoy- sexual violence,54 which risks reinforcing “perceptions ment of these rights for both women, men, girls that sexual violence is women’s exclusive experience and boys and adopting gender-sensitive strategies of conflict or political repression,” while denying or 61 disregarding “women’s multiple subjectivities in situ- for protecting and promoting them.” ations of conflict or repression, as survivors, as politi- 55 Scholarly concepts of transformation, rather than cal activists, and as perpetrators of violence.” Many transition, as the end goal of transitional justice often authors, such as Rubio-Marín, remind that violence link this outcome with gender justice. Björkdahl and against women occurs before, during, and after a con- 56 Selimovic call for “a transformative approach to tran- 10 flict: “Official peace does not usually mean peace for sitional justice that can enable a ‘gender-just peace’.”62 women, who, after the political turmoil has ended, Concerning reparations, Rubio-Marín writes that a continue to be subject to many forms of violence, 57 program’s “transformative potential” is “the extent to often in the private sphere.” Similarly, Lambourne which a reparations program has the capacity to sub- and Rodriguez Carreon emphasize “the connection vert, instead of reinforce, preexisting structural ine- between addressing the ‘extraordinary’ violations qualities.”63 This means addressing not only victims’ experienced by women during genocide, war and basic needs, but also prioritizing the root causes of other mass violence, and the ‘ordinary’ violations 58 suffering and discrimination (such as women’s lack experienced by women during so-called peacetime.” of economic development, educational opportunities,

Georgetown Institute for Georgetown 64

Women, Peace and Security Peace Women, It is important for transitional justice processes to healthcare, or political participation). As Aguirre portray women not only as victims or beneficiaries, and Pietropaoli write: “The goal of transitional jus- but also to recognize and emphasize their roles as tice is not restored dependence and subordination but active participants.59 An important developing theme rather an improved social structure that accords full citizenship, social justice, and empowerment based in the literature focuses on the specific tools and strat- 65 egies employed by women in order to obtain access upon respect for women’s rights.” to decision-making processes, and, after obtaining 60 Likewise, UN Women argues: “Transitional justice access, to shape transitional justice mechanisms. processes can be leveraged not simply to secure jus- Yet the field would benefit from more work provid- tice for individual human rights violations, but also ing a detailed understanding of how women mobilize to address the context of inequality and injustice that to affect decisions related to transitional justice, and gives rise to conflict, transforming the structures of what they contribute, in practical terms, to those deci- inequality that underpin this violence.”66 sion-making processes. This report thus supplements the literature studied by providing an understand- Research Methodologies Used in the Literature ing of the variety of strategies adopted by women to design and implement gender-sensitive transitional The body of literature studied on women, gender, and justice mechanisms, as well as the gains achieved from transitional justice is primarily qualitative, combin- 67 employing those strategies. ing theoretical analysis with a case study approach. A small subset of the 146 pieces of literature reviewed (17 studies) relied on research involving human subjects, with an explanation of the sampling methods lens to transitional justice in the country, with some involved,68 while seven employed a mixed methods relying on press coverage,99 and others interviewing approach.69 Some draw on a compilation of grey and people from around the country100 or in different academic literature,70 while others combine this with parts of North Africa.101 a detailed review of a specific case or cases.71 Some use 72 To contribute to the growing subset of transitional a legal lens, and many rely on primary documents 102 (such as international treaties, legal frameworks, justice literature focusing on women’s strategies, archived materials, letters, evidence and other data this report identifies key findings, from primary data established as part of legal proceedings).73 Others collected in Tunisia and Colombia, on the specific draw on personal experiences.74 In some instances, the gains women made, the strategies and tools they authors depend on observation of women’s groups75 employed, and the corresponding impact of these or interviews with women76 either as victims77 or efforts on transitional justice processes. as agents in shaping political processes,78 as well as interviews with men.79 Often, details on the rationale or selection process for these participants are omitted. Some authors gave first-hand accounts of their own experiences within transitional justice processes,80 and a few compare their experiences with expert analysis concerning other cases81 or acknowledge a potential bias related to their experiences in these contexts.82 Much research is produced in the Global North, but 11 focused on or aimed at the Global South.83 Most authors studied women affected by conflict or women Justice Inclusive involved in post-conflict processes.84 The body of literature focuses on particular countries, including Peru,85 Northern Ireland,86 Rwanda,87 Bosnia and Herzegovina,88 Timor-Leste, 89 South Africa,90 and Sierra Leone.91

With regard to the country contexts addressed in this report, the bodies of literature on Colombia and Tunisia emphasize different themes, depending on the particularities of each situation.

For Colombia, the studies reviewed on transitional justice are largely based on in-country, primary, qualitative analysis with consultations, interviews, and meetings with key players on the ground;92 of the 146 pieces of literature reviewed, 33 focused on Colombia. These examine women’s roles as combatants, organizers,93 and displaced persons,94 and explore issues such as land restitution,95 internal displacement,96 violence against women and the prosecution thereof,97 with some focusing on the 2005 Justice and Peace Law.98

The Tunisian transitional justice processes developed more recently than those in Colombia, and, as a result, Tunisia’s processes have been studied less extensively. The 10 studies identified that focus on Tunisia, all based on qualitative research methods, apply a gender TUNISIA: REDEFINING VICTIMHOOD

INTRODUCTION evolution of transitional justice frameworks around the world. In 2011, the Jasmine Revolution ended five decades of dictatorship in Tunisia and ushered in a nascent CONTEXT democracy. As the Arab Spring revolutions in other states turned violent, Tunisia enjoyed a peaceful Bourguiba’s Tunisia: Secularization, Modernization, transition, and remains a cautious success story for and Instability transitional democracies. A critical factor to consol- After nearly 70 years as a French protectorate, Tunisia idate democratic gains and bolster stability in Tunisia gained independence in 1956, and Habib Bourguiba is a credible and comprehensive transitional jus- of the Democratic Constitutional Rally party tice process capable of addressing the harms of the (Rassemblement constitutionnel démocratique, or RCD) past, rebuilding trust in government, and mending became the first president. By the late 1960s, his societal divisions. Tunisia’s process, which includes modernization and collectivization policies had trig- mechanisms to address human rights violations that gered a severe economic crisis. In response, Bourguiba occurred between 1955 and 2010 during the dictato- implemented a “two-track” economic strategy, allow- rial regimes in addition to the 2011 uprising, has been ing certain private initiatives to flourish1 while the intensely politicized and fragmented, but it has also government maintained control over the remainder achieved significant gains for women, as well as for of the economy. Although the 1970s were a time of the field of transitional justice as a whole. relative economic growth and stability in Tunisia,2 unemployment was high,3 and development efforts The focus of this chapter is on women’s participation were limited to the coastal area around Tunis, creating 12 in transitional justice in Tunisia, which emerged early large regional imbalances.4 and took on three distinct forms: in formal roles, in civil society, and as victims. First, women served At the same time, the government began repressing and continue to serve as high-ranking officials in the all political dissent, limiting press freedom and the process. Their leadership helped to institutionalize a activities of civil society, opposition political parties, gender perspective and facilitated greater access for and trade unions.5 Bourguiba viewed political Islam, women in civil society and female victims to partic- particularly Ennahda, the moderate Islamist party, iv ipate in the process. Second, women in civil society as a threat to the Tunisian State and engaged in a organizations (CSOs) created a bridge between vic- violent campaign against it. During the 1980s, the Georgetown Institute for Georgetown tims and transitional justice institutions, and their

Women, Peace and Security Peace Women, regime arrested, imprisoned, and tortured thousands efforts increased the number of women who submit- of individuals who led, or even sympathized with, ted testimony within the process. Third, the stories of Islamist movements.6 The stated agenda of mod- female victims – combined with the work of female ernization and secularization was used to dismantle officials and women’s CSOs – helped expand the defi- Qur’anic schools, terminate religious endowments, nition of victimhood, which has led Tunisia’s transi- and outlaw any mosque activities other than prayer.7 tional justice process to be the first to formally recognize socio-economic violence as a violation meriting In the early 1980s, the government enacted Circular remedy. This innovation has broader implications 108, banning the hijab (veil) in government offices not only for female victims in Tunisia, but for the and schools.v This systematically excluded all veiled

iv Islamism is a political project whose ideology is largely based on the tenets and teachings of the Islamic faith. See Rashid Dar and Shadi Hamid, “Islamism, Salafism, and jihadism: A primer,” Brookings Institution, July 15, 2016, accessed April 28, 2017, https://www. brookings.edu/blog/markaz/2016/07/15/islamism-salafism-and-jihadism-a-primer/. Ennahda, a moderate Islamist party, was founded in 1981 as the Islamic Tendency Movement. They advocated for political pluralism and an open democracy with Islamic influence. See Aidan Lewis, “Profile: Tunisia’s Ennahda Party,”BBC News, October 25, 2011, accessed April 22, 2016, http://www.bbc.com/news/world-africa-15442859. After the Jasmine Revolution, Tunisia also saw the rise of more radical Islamist parties, including radical jihadi Salafists. See Monica Marks, Tunisia’s Ennahda: Rethinking Islamism in the Context of ISIS and the Egyptian Coup (Washington, DC: Brookings Institution, 2015), 5, accessed April 22, 2017, https://www.brookings.edu/wp-content/uploads/2016/07/Tunisia_Marks-FINALE.pdf. v There is disagreement about when Circular 108 was enacted. Some sources indicate that it was enacted in 1981, and banned wearing the hijab in both governmental offices and schools. See “‘It Was a Way to Destroy our Lives’: Tunisian Women Speak Out on Religious Discrimination,” International Center for Transitional Justice, June 14, 2016, accessed April 17, 2017, https://www.ictj.org/news/tunisia-women-speak-out-religious-discrimination-TDC. Others say a law was passed in 1981 banning the veil in state offices, and Circular 108, banning the hijab in educational institutions, was passed in 1985. See Lilia Ben Salem, “Tunisia,” in Women’s Rights in the Middle women – not only those affiliated with political repressing dissent at home by empowering state secu- Islam – from many educational and professional rity forces to target both secular and Islamist opposi- opportunities. tion figures through surveillance, threats, assault, dis- appearances, imprisonment, and even assassinations.16 The 1980s also brought further economic pressures and social unrest. The state responded with populist Women’s Rights under Bourguiba and Ben Ali policies such as wage increases, but these initiatives Despite the political repression that characterized the eventually led to a deeper economic crisis and, in RCD regimes, women’s rights generally improved. 1986, an International Monetary Fund (IMF) stabi- Bourguiba inaugurated the Code of Personal Status lization program. in 1956, which vastly expanded women’s legal freedoms and became a symbol of gender equality in the Ben Ali’s Regime: Economic Recovery and Political Arab world.17 The Code reformed marriage and cus- Repression tody laws, outlawing polygamy, setting a minimum In 1987, the prime minister Zine El Abidine Ben marriage age for girls, and granting men and women Ali deposed Bourguiba. Economic recovery fol- an equal right to divorce.18 Women won the right to lowed.8 In 1995, Tunisia became the first South- vote and to run for political office in 1959,19 and by Mediterranean country to sign an association the 1980s, the RCD gave certain women the free- agreement with the European Union (EU), which dom to organize and establish women’s wings within promoted economic development.9 Ben Ali initially political parties, trade unions, and other public civil promised to make amends for human rights abuses institutions.20 While these laws were far from per- and political repression during the Bourguiba era, fect – for instance, the Personal Code still mandated 13 freeing thousands of political prisoners, commuting that males inherit twice that of their female siblings21

the death sentences of others, and encouraging polit- – these reforms led to the broader participation of Justice Inclusive ical exiles to return to Tunisia.10 The new government women in education, in the workforce, and in politics. also relaxed its control over the press, allowed opposi- By 2010, women held 28 percent of parliamentary tion political parties and associations to operate, and seats, accounted for 27 percent of judges, and out-en- ratified the UN Convention Against Torture.11 rolled boys in secondary education by 67 percent to 63 percent.22 Ultimately, however, Ben Ali’s promises proved empty: in response to Ennahda’s growing popular- Gender inequality persisted, nevertheless. The RCD ity, vi he quickly reverted to Bourguiba-era policies. regime trumpeted claims of equality as proof of its He established a special police force through which progressive rule, but the expansion of women’s rights he intimidated and arrested political dissidents and did not serve all women. Despite the increased pres- infiltrated civil society.12 His regime restricted press ence of women in school and the workforce, Circular freedoms, with state security forces seizing publi- 108 limited educational and professional opportu- cations critical of the state.13 He refused to legalize nities for certain communities. This hijab ban sym- Ennahda as a political party and cracked down on bolized a larger phenomenon that began under its operations, imprisoning and torturing many of its Bourguiba, now commonly referred to as “féminisme members.14 The RCD also infiltrated and undermined bourguibien” or “state feminism.”23 secular institutions opposed to his rule, including the National Syndicate of Tunisian Journalists and the “State feminism” became the euphemism for how both Tunisian League for Human Rights.15 Abroad, Ben RCD regimes co-opted the women’s rights move- 24 Ali promoted the image of a progressive Tunisia, while ment to advance their own political agendas. While

East and North Africa: Progress Amid Resistance, eds. Sanja Kelly and Julia Breslin (Lanham, MD: Rowman & Littlefield, 2010). Others state that Circular 108 was passed in 1981 and banned the hijab in governmental offices, and was later expanded in 1985 to include schools. See Monica Marks, “Women’s Rights Before and After the Revolution,” in The Making of the Tunisian Revolution: Contexts, Architects, Prospects, ed. Nouri Gana (Edinburgh University Press, 2013). vi Scholars disagree on what prompted Ben Ali’s quick regression to authoritarian policies. Some claim that it was in response to Ennah- da’s strong showing in the 1989 election. See Issandr El Amrani and Ursula Lindsey, “Tunisia Moves to the Next Stage,” Middle East Research and Information Project, November 8, 2011, accessed April 22, 2017, http://www.merip.org/mero/mero110811. Others assert that Ben Ali prohibited Ennahda from participating in the 1989 election. See Christopher Alexander, “Back from the Democratic Brink: Authoritarianism and Civil Society in Tunisia,” Middle East Report 205 (1997): 36. the government used women’s rights to demonstrate he favored.33 Rising inflation and limited job oppor- to the world the modernity of the Tunisian state, it tunities exacerbated the inequality between the vast also required women’s activism be performed only wealth amassed by Ben Ali’s inner circle and the through state-controlled channels and prohibited precarious economic situation of ordinary Tunisians. independent feminist opposition.25 Secular feminist As the social contract continued to erode, presiden- organizations – including the Tunisian Association of tial cronyism, coupled with public frustration over Democratic Women (Association tunisienne des femmes high unemployment and state-sponsored repression démocrates, or ATFD) and the Association of Tunisian of political freedoms, created pervasive political ten- Women for Research on Development (Association sion throughout the country. Tension boiled over on des femmes tunisiennes pour la recherche sur le dévelop- December 10, 2010. The story that sparked the Arab pement, or AFTURD) – could not challenge the pol- Spring is now well-known, from the self-immolation icies of the regime, for fear of being arrested or losing of a fruit vendor, Mohammed Bouazizi, to the ensu- their right to assemble.vii Islamist women’s organi- ing anti-government mass demonstrations, which led zations were banned entirely, although some existed to the president fleeing the country. underground.26 The state strategy served dual aims: the regime portrayed itself as a progressive defender Transition of Power of women’s rights against ‘Islamist terrorists,’ while In January 2011, Tunisia’s prime minister, Mohamed simultaneously oppressing political opposition. Ghannouchi, and temporary president, Fouad Bourguiba and Ben Ali also targeted women for their Mebazaa, announced a new interim government that promised to incorporate opposition members, includ- political activism or for their relationships to male 34 14 27 dissidents. In prison, women endured direct human ing Ennahda, the Islamist political party. However, rights violations, including torture.28 The transitional many government officials associated with Ben Ali justice process has also revealed that many women suf- retained their positions. Mass demonstrations called fered sexual violence and rape by agents of the RCD on the government to eradicate the vestiges of the regimes.29 In addition to the limitations it placed on ousted president’s regime. The government responded women in education and employment via Circular by dissolving the RCD central committee and sub- 108, the state subjected women to further socio-eco- sequently suspending its activities. Amid continu- ing protests, Ghannouchi stepped down as prime nomic repression: former female prisoners underwent viii pointage, for example, a system that forced women to minister. Georgetown Institute for Georgetown

Women, Peace and Security Peace Women, report three to five times a day to police stations, leav- Mebazaa took multiple steps to rectify RCD abuses. ing women little time to work (if they could) or take The Ministry of Justice charged Ben Ali with man- care of their families.30 The regime also barred alleg- slaughter, drug trafficking, and conspiracy against the edly dissident women, or those related to accused dissi- state. Several months later, the former president and dents, from public sector work.31 Women with impris- his wife were convicted in absentia of embezzling oned male relatives often had little income; many were ix public funds. Around the same time, the govern- pressured to divorce their dissident husbands to free ment legalized Ennahda as a political party, which themselves from government suspicion.32 significantly affected Tunisia’s political landscape.

The Path to Revolution In October 2011, elections took place for seats in the Economic recovery under Ben Ali’s regime did not Constituent Assembly, which had the mandate to serve the majority of Tunisians. Through strict reg- draft a new Tunisian constitution. Ennahda emerged ulation, Ben Ali prevented many small business as the clear victor, winning more than 40 percent of owners from competing with the industrial giants votes. Several months later, the Constituent Assembly

vii For more on the work of ATFD and AFTURD, see Lilia Labidi, “The Nature of Transnational Alliances in Women’s Associations in the Maghreb: The Case of AFTURD and ATFD in Tunisia,” Journal of Middle Eastern Women’s Studies 3, no. 1 (2007): 6-34. viii He was replaced by Beji Caid Sebsi. ix At the time of publication, Ben Ali and his family remain in exile in Saudi Arabia. adopted an interim constitution and elected a prom- It established the Ministry for Human Rights and inent human rights leader, Moncef Marzouki, to the Transitional Justice, with a mandate to create a legal presidency. The new government promised to redress framework. Minister Samir Dilou appointed a tech- the wrongs of the RCD regimes. nical committee to lead a national dialogue on transitional justice, which conducted regional consultations with civil society, and ultimately drafted the compre- STRUCTURES OF TRANSITIONAL 38 JUSTICE hensive Transitional Justice Law, which laid out the framework of and broadly mandated the IVD to:

Tunisia’s ongoing transitional justice process is closely YY tied to its political transition and attempts to deal investigate violations committed since June 1955; 35 YY with crimes of the past. While numerous govern- collect testimonies to create a list of victims and a mental and legal bodies qualify as transitional jus- database of violations; tice mechanisms, based on definitions set out in this YY report’s literature review, interviewees both from identify responsibility and root causes; YY civil society and government overwhelmingly associ- recommend reparations and take immediate action ated transitional justice with the Truth and Dignity to compensate victims; and Commission (Instance vérité et dignité, or IVD), YY 39 its formation, and its testimony collection process. preserve the national memory. As such, this chapter focuses on the IVD process, The Transitional Justice Law defined “victim” broadly, while also examining women’s participation in other as including “any individual, group, or legal entity hav- 40 mechanisms where relevant. ing suffered harm as a result of a violation,” which 15 was specified to be “any gross or systematic infringe- Immediately following the Revolution, and in response 36 ment of any human right” committed by the state or to the public’s demand for accountability, the tran- Justice Inclusive in the name of the state.41 The definition of “victim” sitional government set up several ad hoc mecha- also included “family members who were harmed as a nisms. These included military tribunals, to investigate result of their kinship to the victim.”42 This expansive crimes committed during the Revolution, primarily by definition of victimhood gave the IVD broad free- high-ranking security officials. Two investigative bod- doms to interpret and operationalize its mandate. ies were also established: the National Commission to Investigate Abuse Committed since December 17, The international community gave technical and 2010 (hereinafter, the Bourderbala Commission, after financial support to this work, and embassies, inter- its chairperson), which collected testimonies and national NGOs, and UN agencies provided training, evidence related to events that occurred during workshops, and funding to transitional justice actors the Revolution, and the National Commission to and institutions.43 Investigate Corruption and Misappropriation, cov- ering the period since 1987.37 The Bourderbala There are several other transitional justice mechanisms Commission drew up a list of individuals killed and that have not yet come to fruition. For instance, the wounded during the uprising, who were guaranteed Transitional Justice Law created specialized human material and symbolic reparations by the Commission rights courts, which have not been operationalized as for Martyrs and Wounded of the Revolution.x of the publication of this report.44 Further complicating this picture is a draft Economic Reconciliation After the elections in October 2011, the new Ennahda- Law that offers amnesty to public officials and led government prioritized transitional justice and therefore, if adopted, risks infringing on the IVD’s the development of additional mechanisms followed. mandate.45 x These martyrs of the Revolution were treated separately from victims of the RCD regimes. After the Bourderbala Commission released its list in May 2012, a Commission for Martyrs and Wounded of the Revolution (Commission des martyrs et blessés de la Révolution, hereinafter Commission for Martyrs) began the reparations process for those victims. In February 2016, the Commission was rebranded as the General Authority for Martyrs and Wounded of the Revolution (Instance générale des martyrs et des blessés de la Révolution), although the mandate and leadership remained the same. The process also faces serious charges of politicization. Trials of former regime officials that occurred before nte the creation of formal justice systems have raised concerns about impartiality. Both the Transitional Justice Law and the IVD face criticisms of being too Islamist-driven. Many secular Tunisians see finan- tinl issin t Investite use cial compensation to victims as a way for Islamists ince ecee to reward their own community. IVD critics contend that commissioners have been chosen because they issin ts n une 48 te evlutin were sympathetic to Ennahda. Complicating these critiques, the process also faces resource shortfalls; for instance, the reparations fund mandated does not yet nte exist.49 Despite these frustrations, most interviewees – transitional justice officials, civil society leaders, and politicians – remained personally committed inist un its n to the success of the process, and many continue to nsitinl Justice work to improve procedures, dispel misconceptions, and create understanding about the process among ecnicl ittee n Tunisians.50 tinl ilue 16 ut n init issin I WOMEN’S GAINS WITHIN TUNISIA’S TRANSITIONAL te ecniss utsie te ce JUSTICE tis et The following sections review the process in Tunisia, ilit iunls and show how women’s leadership therein yields tinl issin t Investite social gains. Interviews for this report were con- utin n isitin ducted in May 2016, just prior to the IVD’s deadline for testimony submission. At the time of publication, ecilie un its uts Georgetown Institute for Georgetown the IVD continues to process the more than 60,000

Women, Peace and Security Peace Women, nt et etinlie submissions it has received. Within this context, the chapter explores the benefits of women’s leadership, which resulted in three primary advances:

YY The patchwork approach of the Tunisian transitional the presence of women in official transitional justice system separates the process into a variety justice mechanisms, which created access points of different institutions and mechanisms that often through which women in civil society and female confuse victims as to which avenue to pursue for jus- victims participated; 46 YY tice and reparations. As Amna Guellali of Human the work of women’s CSOs in facilitating an Rights Watch said, open and accessible process, which increased the number of female victims whose experiences were “It’s a very complicated and complex process, and I incorporated into the process; and don’t know whether we will ever have a process that YY will bring together all these components.”47 the recognition of a wider spectrum of victimhood, including the experiences of those who suffered socio-economic violations.xi

xi Although not expressly articulated in the law, the inclusion of socio-economic harms within the IVD process was reinforced by the broad mandate of the law as implemented by the female officials charged with carrying out that mandate, and by the diversified experiences of the women who submitted testimony. By tracing what these gains are, how they came about, GAIN 1: WOMEN’S LEADERSHIP and why they matter, this chapter shows the influence IN OFFICIAL TRANSITIONAL of women’s sustained and multi-level participation. Including women at all levels in the process helped JUSTICE MECHANISMS give voice to the experiences of female victims, which, What does this mean? in turn, broadened the spectrum of harms that the Women have been well represented in formal lead- country’s transitional justice system seeks to address. ership roles in the transitional justice process from The IVD’s recognition of socio-economic harm dis- the outset. Sihem Bensedrine, the IVD President and rupts the narrative that women suffer primarily as vic- the most public face of transitional justice in Tunisia, tims of sexual violence and compels the state to tackle is a woman, and five of the IVD’s eleven members the structural inequities that provoked the Revolution 51 are women. As IVD commissioner and Women’s in the first place. Commission chair Ibtihel Abdellatif put it,

“The IVD is a culture of women…. I think it is the only institution Tunisia has with parity between members. We have six committees here; three are chaired by women.”52

Leadership of the IVD and its Sub-Commissions Justice Inclusive

Truth and Dignity Commission (IVD)

President: Sihem Bensedrine ( Journalist and human rights activist)

Arbitration Reparations Conservation Women Inquest Functional and and of and Review and Conciliation Rehabilitation Memory Investigation Institutional Reform Chair: Chair: Chair: Chair: Chair: Chair: Khaled Hayet Adel Ibtihel Oula Ben Mustapha Krichi Ouertani Maizi Abdellatif Nejma Baazaoui (Former member (Founder of (Former member of Bourderbala CSO Nisa' of Technical Commission) Tounsiat) Committee) Due to several factors, including a precedent of and three women served on the 12-member Technical women participating in public life, and the interna- Committee that organized the National Dialogue and tional community’s role in reinforcing international drafted the Transitional Justice Law.54 In addition to equality standards, female leadership in transitional Sihem Bensedrine, women lead and staff the insti- justice preceded the IVD: women comprised a sig- tutions implementing transitional justice. Majdouline nificant portion of appointees that designed the cur- Cherni directed the Commission for Martyrs, and rent transitional justice institutions. Two-thirds of the women comprise the majority of working-level staff Bourderbala Commission, which crafted the formal in both the IVD and the Commission for Martyrs.55 list of martyrs of the Revolution, were women;53

ecnicl ittee t ees lest ne ti n te I ittee t cess te einl cilitts int te tinl ilue ccunt Georgetown Institute for Georgetown Women, Peace and Security Peace Women, The presence and participation of women at every organization, the Tunisian Center for Transitional stage in the transitional process is significant. They Justice, was part of the Technical Committee) was a have provided a gender perspective at key moments, journalist and human rights activist; Oula Ben Nejma notably by creating a gender quota in the IVD, by (who had served on the Technical Committee) was establishing the Women’s Commission to deal spe- a lawyer; Lilia Bouguira was a medical doctor. Thus, cifically with cases of female victims, and by opening many women already had well-established track access points for CSOs to bring more women’s voices records in the transitional justice arena when the IVD into the process. member selection process began.60

How did it happen? As additional mechanisms were established, the prominence of women in the first commissions set As noted, women’s participation in the public sphere the stage for additional points of entry through which is not new to Tunisia. Historically, the country has women could participate. For example: led the region in the economic and political par- YY ticipation of women, with a set of progressive laws The Bourderbala Commission’s report in May encouraging equality, at least on paper. Even with 2012 expressly mentioned the specific harms policies such as Circular 108, women’s participa- faced by women, thus emphasizing a focus on tion in public life was a normal part of the Tunisian the participation of female victims in subsequent 61 story. Women also actively participated in the transitional justice bodies. YY Revolution, constituting 30 percent of the victims The Technical Committee mandated that women served by the Commission for Martyrs.56 The early comprise a portion of moderators in regional 19 transitional political institutions codified women’s consultations; as such, about 35 percent of rights through a legislated quota of 30 percent for facilitators were women.62 Inclusive Justice Inclusive Constituent Assembly elections and a constitutional YY guarantee of equality.57 In drafting the Transitional Justice Law, women on the Technical Committee worked to include This precedent helped ensure that transitional justice a quota that required at least one-third of each bodies included women from the start. Individuals gender to be represented in IVD leadership.63 tasked with creating the early commissions appointed YY Once the IVD formed, female commissioners women to official roles. The appointment process pushed for the creation of the Women’s lacked transparency, however, and, in the case of Commission within the IVD, to deal specifically the Bourderbala Commission and the Technical 64 with female victims. Committee, the respective chairmen hand-picked their teams. While this politicized the process, it Financial and technical support from the international also led to the appointment of prominent women to community reinforced well-established Tunisian key posts. Samir Dilou, minister for human rights norms about women’s participation in public life. The and transitional justice, noted that the Technical International Center for Transitional Justice (ICTJ), Committee, including three women members, was United Nations Development Programme (UNDP), selected “the Tunisian way, [through] personal con- UN Women, and other groups provided funding, tacts, personal networks.”58 The president of the technical assistance, and training on international Bourderbala Commission also personally selected standards of gender equality.65 International partners the additional 14 commissioners tasked with gener- also supported new organizations working on women ating the list of martyrs and wounded. He chose nine and transitional justice, and encouraged human rights women, two-thirds of the commission, from diverse groups to increase the focus on women’s needs.66 The sectors, including law professors, psychologists, doc- Office of the United Nations High Commissioner tors, and magistrates.59 Likewise, women serving as for Human Rights (OHCHR), UNDP, and ICTJ IVD commissioners were prominent professionals helped convene civil society networks working on prior to their appointments: Hayet Ouertani (who transitional justice67 and provided small NGOs with had served on the Bourderbala Commission) was a capacity building, focused on increasing women’s par- psychologist; Ibtihel Abdellatif was founder and pres- ticipation in the transitional justice process.68 They ident of the Nisa’ Tounsiat; Sihem Bensedrine (whose also worked with state-led initiatives. For instance, the OHCHR and UNDP included a gender compo- including gender,75 it was consistently female officials nent in their training of regional committees involved who brought up the issue:76 without the persistence in the National Dialogue,69 and international experts of women, gender-responsive mechanisms such as the drew on international experience (e.g., in South Women’s Commission, a body with an independent Africa, Chile, Argentina, and particularly in Morocco, budget for women victims and a mandate to main- the first Arab transitional justice experience) to train stream gender throughout the IVD, would not exist.77 IVD officials in best practices on how to incorporate gender.70 This focus complemented existing Tunisian Women in official roles, as decision-makers and staff norms and commitments. members, facilitated access for women’s CSOs and female victims. Some ascribed this to a tendency of 78 Why does it matter? victims to trust women. As noted by an official in the Commission for Martyrs,“We always seek to Women serving as decision-makers has intrinsic comfort the martyrs’ and the wounded’s families …. value; the Tunisian experience also highlights how We have noticed that women are more tender… the women’s participation affected the nature and out- thing that we seek most is trust.”79 comes of the process. Female officials facilitated access for women from Through their work as members of the Bourderbala their own constituencies. Many were transitional jus- Commission, the Technical Committee, and the IVD, tice professionals who knew the landscape of actors female officials brought a gender perspective in spe- and maintained their expansive networks,80 serving as cific ways: the presence and persistence of women on a conduit between the formal process and their col- 20 the Bourderbala Commission, for example, meant that leagues operating outside of it.81 These connections its final report included a section on violations based proved crucial during the testimony submission pro- on gender, including the impacts of sexual violence, cess, as female officials worked closely with women pregnancy-related harms, and the deaths or injuries of in civil society to increase the participation of female family members. In reference to drafting this report, victims. To facilitate this, women’s CSOs lobbied former commissioner Hayet Ouertani recalled, officials with whom they had personal ties, and kept in regular contact,82 as expressed by a member of a “Nothing in particular was written on women, prominent CSO: “I have a very good relationship and women had to have a place in that report…. with the members of the Women’s Commission – we Georgetown Institute for Georgetown Fortunately, there were three other feminist worked together on different civil society projects.”83 Women, Peace and Security Peace Women, women with me, so we drafted [that section].”71 The next section details how women at the highest The Technical Committee built on this by defining decision-making levels were receptive to the recom- victimhood broadly in the Transitional Justice Law, mendations of women civil society leaders, and, how which also mandated that transitional justice bodies 72 together, women inside and outside formal mechanisms must consider women’s unique experiences. On the collectively transformed the process to have a more Technical Committee, Habib Nassar remembered gender-sensitive approach. However, the reliance on that Oula Ben Nejma, one of three women mem- personal ties also contributed to politicization and lack bers, “was very keen on pushing the gender agenda 73 of transparency, for which the process continues to be within the process.” Salwa El Gantri, head of the criticized. Many victims relied on personal connections ICTJ in Tunisia, identified women IVD members as and the attitudes of individuals in order to access offi- key allies. Whether adjudicating on the Reparations cial mechanisms.84 Individual officials were sometimes Commission or creating the Women’s Commission, seen as sympathetic to certain communities in Tunisia’s these leaders had a “real understanding of why the highly polarized society, thus coloring their credibility focus on women should be done in the work of the 85 74 as well as that of the process. These dynamics also Truth Commission.” In each instance, most inter- caused divisions and competition among CSOs. The viewees noted that while there was little resistance to chair of the Women’s Commission, for instance, also founded Nisa’ Tounsiat, and, after a larger transitional voices into the process helped re-write the role of justice advocacy network denounced the IVD, Nisa’ women in Tunisian history and enabled a new defini- Tounsiat left the network.86 The personality-driven tion of victimhood that incorporated women’s diverse nature of the process enabled the press and the public experiences, including the socio-economic violations to vilify certain players, thus eroding public trust.87 that impacted women differentially.

GAIN 2: WOMEN’S CSOS How did it happen? FACILITATE AN OPEN AND The Revolution opened unprecedented space for civil ACCESSIBLE PROCESS society to operate. Existing groups could work outside regime-approved spaces, and new groups, particularly What does this mean? those with Islamist leanings, were free to work, grow, 93 Women’s CSOs worked with women at the grassroots and consolidate. The scope of many of these newly level and those in official positions, serving as a bridge formed groups was specifically to help female vic- 94 between victims and formal transitional justice insti- tims of the regime, while existing women’s groups, tutions. Their work increased the number of female like ATFD and AFTURD, shifted focus in order to victims whose experiences were incorporated into the respond to the need for greater participation in transi- 95 retelling of Tunisian history. CSOs brought credi- tional justice. Since the early IVD testimony submis- bility to the process and the process to the people.88 sion reports showed women were only a small fraction Amidst ongoing public concern about the IVD’s lack of participants, women’s CSOs developed strategies to of transparency and politicization,89 most CSOs saw encourage women to testify. CSOs had direct access the IVD as necessary for reconciliation and stability to and credibility with victims, as well as with female 21 96 in Tunisia,90 and used their country-wide networks to IVD members. Their approach was twofold: access victims and facilitate women’s participation in YY Justice Inclusive the testimony submission process.91 to raise awareness among Tunisians about the transitional justice process and the status of women When the IVD released its first witness testimony as victims; and report in 2015, women had only submitted 5 percent YY 92 to identify gendered barriers to the submission of the total number of testimonies. Women’s CSOs process and recommend to IVD members the undertook efforts to make the testimony collection corresponding changes that would make the process process more open and accessible for women. Using more accessible, while also operationalizing these their regional networks, they brought representatives solutions through their own work on the ground. from formal justice mechanisms into direct contact with communities outside Tunis and even collected Leading up to the June 2016 deadline for testimony testimonies themselves. Their interventions addressed submission, CSOs engaged in awareness-raising not only structural barriers such as testimony collec- campaigns that underscored the importance of both tion points that were difficult to access, or the need the transitional justice process and women’s partici- 97 for female statement-takers, but also the cultural pation within it. Many women initially believed that stigma surrounding victimhood and assumptions that their experiences were less important than those of submitting testimony was equated with being a sur- their husbands, brothers, or sons. As transitional jus- vivor of sexual violence. They sought to reframe the tice expert Wahid Ferchichi explained: discourse around the significance of participation, so that female victims would understand their participa- “Most women were spouses [or] sisters of men tion as a patriotic duty and their contribution as part who suffered during the dictatorship, who don’t of a collective opportunity to correct Tunisia’s histor- consider themselves as victims directly…. They ical narrative. As a result, by the May 2016 collection only speak about their husband, their father, their deadline, over 20 percent of the testimonies submit- son, but they don’t speak of themselves directly as ted had come from women. Bringing more women’s victims.”98 In response, many women’s groups began raising something new that came after their relationship with awareness about what qualified as a violation, and the associations.”108 why women’s participation in the process mattered.99 “We would go into the regions, we would talk to Local women’s CSOs played a critical role in this the women, and word can spread,” said AFTURD regard, especially in the regions. Having worked at member Samia Letaief, whose organization estab- the grassroots level for years, they were trusted entities; their endorsement of the IVD established cred- lished listening centers for women victims, “We 109 would tell them that they have socio-economic rights, ibility. In combination, these efforts opened up that these rights were violated.”100 Other groups the process for female victims. CSOs raised women’s conducted similar outreach: Avocats sans frontières awareness on who qualified as a victim, reframed the (Lawyers Without Borders, or ASF) partnered with discourse on what it meant to participate, and facili- Tunisian women’s groups in creating mobile centers tated trust-building between victims and the process to help women in regions outside Tunis understand that aimed to serve them. their rights as well as the purpose of the IVD,101 and At the same time, these organizations also tackled Tounissiet aired short television ads promoting the procedural barriers obstructing women’s participa- transitional justice process and encouraging women tion in the testimony collection process, including the to submit testimony.102 cultural stigma surrounding sexual violence victims, These CSOs also reframed what it meant to partici- the inability to leave work or families in order to tes- pate, elevating the submission of testimony as being tify, and the need for additional victim services such essential not just for the individual but also for soci- as psychosocial or medical support. In many places, 22 ety, as a way to rewrite Tunisian history and to ensure for example, the simple act of going to a testimony such violations would not happen again.103 In this collection point could be shameful for women, since effort, women’s groups also worked on raising aware- many equated violations against women with sexual ness among men as to the harms suffered by their assault. As Ahlem Nsiri, Director of Centre tunisien wives, mothers, and daughters, often as a result of a méditerranéen (Tunisian Mediterranean Center, or male relative’s imprisonment. They worked to reframe TU-MED) noted: women’s suffering as heroic, explaining the gravity “They are afraid that just [making] contact is a of violations faced by women to their husbands and 110 104 sign that they were sexually abused.” sons. This both reduced the stigma over submitting Georgetown Institute for Georgetown

Women, Peace and Security Peace Women, testimony and elevated the significance of the wom- Some organizations addressed these challenges by en’s participation to their immediate families. collecting testimonies directly, and submitting them CSOs also served as a key platform for IVD mem- to the IVD on the victim’s behalf. Nisa’ Tounsiat bers to speak directly to local populations and dis- conducted training for women on how to submit pel misconceptions about the process.105 IVD mem- testimony, and also directly collected more than 400 bers relied on trusted civil society networks to reach testimonies of women political prisoners and those people, particularly in the regions outside Tunis. As who had suffered socio-economic marginalization by being barred from educational or professional Ibtihel Abdellatif, head of the Women’s Commission, 111 recalled: “I was invited to many governorates. I didn’t opportunities. The ICTJ gathered testimonies and refuse any invitation of any NGOs in Tunisia…. eventually helped collate and submit a collective dossier representing thousands of women impacted by Every weekend I went to these regions [to] meet 112 women in these workshops.”106 Circular 108. CSOs also used their connections with officials to mark certain cases as ‘urgent,’ so they 113 CSOs were able to facilitate this trust-building could receive immediate attention. between victims and the process because they had credibility with both.107 As ICTJ’s Salwa El Gantri In addition to collecting testimonies and fast-tracking summarizes: “At the end of the day, the victims cases, CSOs worked with the IVD to operationalize know the associations – the Truth Commission is procedures that improved access for female victims, and commissioners took their recommendations Why does it matter? seriously. Women’s CSOs again served as a bridge The fivefold increase in women’s participation levels between the IVD and the populations it served. In from 5 percent to 23 percent represents an important the words of Hend Bouziri, president of Tounissiet: step forward in engendering the transitional justice process and furthering the advancement of women’s “Many members of the IVD were involved in civil 125 society before – we know them all …. We invited voice and agency. The submission of testimonies by female victims to the IVD helped shape the Tunisian them to events about transitional justice and we concept of victimhood in important ways, and would bring women victims as guests …. We sat brought a wider spectrum of violations of women’s down with the IVD and talked about techniques 114 rights to the attention of the public. However, bar- for listening to women victims.” riers remained: the short timeline of the process and a lack of resources meant that CSOs could not reach Women in civil society found the IVD commission- all marginalized populations, the stigma of sexual ers receptive, particularly the female commissioners, violence persisted, and a lack of transparency marred and, as women’s CSOs presented their concerns, the the process in the eyes of many Tunisians, who felt IVD modified its testimony collection procedures that access depended on knowing the right people.126 so as to better serve women. To register victims and Moreover, political maneuverings further undermined take victims’ statements, the IVD launched mobile 115 support, most notably the Economic Reconciliation units across nine of the 24 governorates. Statement- Law, which threatened to encroach on the IVD’s man- takers ensured confidentiality by collecting testimony date.127 While CSOs expressly endorsed the existing in private settings, by coding each testimony using a mechanisms, hoping to enhance credibility in them, 23 file number instead of a name, by allowing proxies to many Tunisians ultimately saw the process as illegit- provide testimony on a victim’s behalf, and by allowing 128 imate, which is an ongoing challenge for Tunisia. Justice Inclusive women to submit testimony anywhere, not just in their own villages.116 Women’s groups emphasized these privacy measures to victims, which, in turn, spurred GAIN 3: RECOGNITION OF more women to testify, particularly on sensitive vio- A WIDER SPECTRUM OF lations such as sexual assault.117 The IVD intentionally VICTIMHOOD hired female staff so that women could choose a female 118 What does this mean? statement-taker, and female judges were present in all units.119 Even small procedural changes, like allow- The Tunisian process is the first to formally recog- ing women to give their statements in parts rather than nize socio-economic harms as violations warranting all at once, helped make the process more comforta- justice and material reparation.129 By broadening the ble for women.120 The IVD also recognized the need concept of what constitutes victimhood, transitional for holistic support for victims, and worked to provide justice mechanisms encompass a more diverse set of medical and psychological units in conjunction with experiences. Often, transitional justice processes pri- taking statements.121 Multiple interviewees noted that marily define women’s needs by their status as victims behind every male victim were women who held their of sexual violence, which, although important, ignores families together.122 To reach these women, the IVD the broader range of gendered harms endured by encouraged men to bring their wives when they came women. Many women suffered from the ‘direct’ vio- to submit testimony, and even altered the statement lations of imprisonment, torture, and sexual violence, taking protocol to include asking all male victims but the Tunisian process also acknowledged a range about the women in their lives.123 Both the IVD and of ‘indirect’ socio-economic abuses that uniquely the Commission for Martyrs created alternative access impacted women. Among others, these included the points for female victims to submit testimony, partner- additional burdens carried by women whose relatives ing with government entities that had greater regional were jailed and who were left without income to raise reach or community trust, including the Ministries of families,130 women who were expelled from school Human Rights, Women, Health, and Social Affairs.124 and fired from their public and private sector jobs for wearing the veil,131 and women who were harassed The Bourderbala Commission determined that for daily, or forced to undergo regular disruptive security women to access services and reparations, their expe- checks, because of their political actions or those of riences as mothers, wives, and sisters needed recog- their families. nition as legitimate forms of victimhood, not just as the collateral damage of dictatorship. As such, the The fragmentation of the transitional justice process – Bourderbala Commission borrowed the ‘indirect’ into multiple bodies that address various populations concept from the Moroccan transitional justice proof victims – made definitions of victimhood particu- cess to help explain why women who may not have larly contested. A report by Al-Kawakibi Democracy been imprisoned or tortured deserved acknowledge- Transition Center (KADEM) in 2015 concluded that ment and reparations.136 the politicization of transitional justice led to a de facto victim hierarchy, and a tendency to regard some vic- Stories unearthed during the National Dialogue pro- tims with suspicion.132 This challenge continues today. cess and the legislative debate on the Transitional Justice Law highlighted that the imprisonment of Despite this, the recognition of diverse violations also men adversely affected their female family mem- expanded the understanding of victimhood in the bers. “Sometimes [women victims’] testimonies were Tunisian process. The multiple forms of victimization more poignant, due to the sensitivity of their abuse,” women endured under the RCD regimes were further explained Mohamed Kamel Gharbi, president of articulated through the testimonies solicited and sub- Réseau tunisien de justice transitionnelle (Tunisian mitted by CSOs and individual women. The concep- Transitional Justice Network, or RTJT) and member 137 24 tualization of victimhood evolved over each stage of of the Technical Committee. As legislators debated the transitional justice process, with women’s stories the Transitional Justice Law, civil society networks critical to informing the broader understanding of the provided additional examples of gendered harm to range of violations that impacted women’s lives dur- the Constituent Assembly. Samira Merai, a member ing the regime years. of parliament at the time, remembered, “There were really touching stories of women…what we learn How did it happen? from this is that women are victims indirectly and 138 The Bourderbala Commission laid the foundation133 they pay a very heavy price.” for extending the concept of victimhood by specif-

Georgetown Institute for Georgetown The Transitional Justice Law’s explicit inclusion ically identifying gendered harms – such as sexual Women, Peace and Security Peace Women, of family within its definition of who constitutes a assault, threats of such, breaches of privacy, and mis- victim, as well as its further directive to “take into carriages caused by violence – in the process for the consideration the situation…of women,”139 gave the first time. The report also revealed women’s percep- IVD a broad mandate. The submission of women’s tions of their victimization under the RCD: testimonies brought to light concrete examples of the types of abuse women faced, and the creation of the “Many women avoid discussion of their particu- Women’s Commission gave space to fully investigate lar or direct experiences [and] gave testimony as these abuses. indirect victims… who submitted testimony to 134 the commission as mothers, wives or sisters.” Women’s stories elevated the diversity of women’s suffering, revealing forms of abuse that were Although the report articulated some of women’s much broader and more widespread than previously unique experiences and perspectives, it mentioned the thought,140 including the use of sexual violence as an ‘indirect victim’ concept only briefly. As Hayet Ouertani intimidation tactic141 and socio-economic violations recalled, “In the first report, we didn’t really talk about that impacted both secular and Islamist women.142 As direct and indirect victims…. The idea of indirect came Hend Bouziri, president of Tounissiet, said, after there was serious discrimination against women regarding the distribution of reparations.”135 “Each woman was subjected to a different kind justice. Some participants felt the direct/indirect of abuse – economic, psychological, social, legal typology created a de facto ranking of abuse, notwith- institutional, physical.”143 standing the law’s articulation of equality amongst all victims.149 At early points in the process, the con- A number of groups represented veiled women in cept of indirect proved necessary to help explain the particular, and emphasized the unique effects of ways many women experienced oppression. But today, socio-economic discrimination on their lives, argu- many CSOs want to erase the distinction. As Hend ing that this represented a new form of violation. Bouziri, put it, “Violating a personal freedom is for us a major violation against women,” described a member of a prom- “One of our most important things as a civil soci- 144 inent CSO. ety group and through the work we’ve done… is that we proved that the idea of direct and indirect The collective dossier on Circular 108, spearheaded victim is nonsense. The women who were con- by a network of 11 CSOs and facilitated by the ICTJ, 145 sidered indirect victims sometimes are subject to proved powerful. From thousands of submissions 150 that detailed violations suffered due to Circular 108, abuses harsher than those for ‘direct’ women.” this coalition collated the testimonies of 140 women Even Hayet Ouertani, who helped codify the ‘indi- that clearly illustrated both the diversity of socio-eco- rect’ concept and expand the definition of victimhood nomic violations endured by women and the sys- to include mothers, daughters, and sisters, reflected, tematic nature of those violations perpetrated by the 146 “This concept of indirect victim bothers me a little, RCD. ICTJ director Salwa El Gantri summarized because if we talk about an indirect victim, we mini- 25 the definitive conclusion of the dossier: mize her efforts and we minimize what she has gone 151

through.” Justice Inclusive “Once you have that veil, you are a second-class 147 woman citizen.” Another victim category further complicates the perceived hierarchy of victims: those considered ‘urgent.’ Critically, the dossier revealed socio-economic mar- Both the Commission for Martyrs and the IVD rec- ginalization as the largest systemic violation category ognize and prioritize ‘urgent’ cases by meeting those filed by women, publicly dismantling the pervasive victims’ needs or dealing with their reparations before assumption that women’s primary experience of 152 others, but there are no specific, publicly avail- abuse is through sexual violence. Activists used this 153 able criteria for what qualifies as an ‘urgent’ case: testimony to pressure politicians to outlaw Circular urgency may be based on medical or economic need, 108, which remains on the books, though not widely 148 seriousness of violation, or familial or social situa- enforced. 154 tion. Cases are decided and dealt with in an ad hoc manner, and several civil society leaders noted that Why does it matter? they use informal channels based on personal rela- The evolution of the concept of victimhood was a tionships to expedite urgent cases for victims with decisive step forward for transitional justice in Tunisia. whom they work.155 For women in particular, it moved the conversation from a question of who should be recognized as a vic- Although ‘victimhood’ remains a contested concept tim, to a question of how varied forms of violations in Tunisia, the formal recognition of socio-economic should be remedied within the process. The expanded harm has important implications. It enables women, understanding recognizes that women’s experiences their families, and communities to view some of the are serious and varied, and constitute a crucial part of harms suffered by women as legitimate and worthy Tunisia’s historical narrative. of redress. It disrupts the limiting transitional justice narrative that women experience harm primar- Expanding ‘victimhood’ to include a wider array of ily as victims of sexual violence, and expands the violations comes with challenges for Tunisians seeking lens through which society understands women’s experiences. This broader acknowledgement does not justice, so as to better understand and address the root negate the importance of addressing sexual harms, causes of structural violence. As this chapter shows, as the stigmatization of sexual violence in Tunisia the grievances that led to the Tunisian Revolution remains a significant barrier for victims seeking jus- were rooted in socio-economic inequities caused by tice, but the expanded conceptualization adds nuance the government. The country’s transitional justice to the understanding of how oppression and conflict process, driven in large part by the work of women impact women. at all levels, begins to confront this fundamental injustice by recognizing socio-economic violations as The shift has implications for Tunisia’s political tran- legitimate harms. Second, this expanded concept wid- sition as well. Recognizing the diverse ways in which ens the spectrum of harms recognized and addressed women suffered from state-based repression upends within a transitional justice process, moving the con- the façade of the progressive society Bourguiba and versation from who constitutes a legitimate victim to Ben Ali sought to project, in which equality for how various types of violations should be remedied. women marked modernity.156 Tunisia’s historical This has critical implications for women, whose expe- record now demonstrably includes women’s diverse riences are often omitted in typical conceptualiza- experiences, and exposes the reality of a state in which tions of harm, other than as victims of sexual violence. the civil, political, and familial rights promised by Furthermore, Tunisia’s broadened definition of vic- Tunisia’s legal code were not guaranteed to all.157 timhood contributes to the evolving scholarly debate around whether transitional justice can serve as a tool CONCLUSION for societal transformation. This does not mean that Tunisia’s transitional justice process will cure its social 26 Women participated throughout the Tunisian transi- ills, but, rather, the Tunisian case shows in practical tional justice process at all levels. Their active engage- terms what the potential of such processes can be. ment in key leadership roles, as civil society liaisons, and as victims submitting testimonies led to a broader understanding of the suffering faced by Tunisians during the previous regimes. Female officials worked to institutionalize women’s participation; women’s CSOs operationalized strategies that sensitized women about the importance of their participation Georgetown Institute for Georgetown

Women, Peace and Security Peace Women, in the process and overcame gendered barriers to testimony submission; and female victims’ testimonies integrated women’s diverse experiences into the nation’s historical record.

Serious challenges still face Tunisia’s transitional justice process. While the personality-driven nature of the process created strategic access points for women in civil society, it also underlined the lack of transparency of institutional processes. Procedural opacity and corresponding perceptions of favoritism have intensely politicized the process, and remain the greatest challenge to its success.

Despite ongoing obstacles, the expanded concept of victimhood articulated in Tunisia holds broader implications for future transitional justice regimes. First, it broadens the theoretical lens of transitional COLOMBIA: CREATING SPACE FOR WOMEN IN PEACE

INTRODUCTION CONTEXT On September 26, 2016, the Colombian government La Violencia and the Formation of Left-Wing signed an historic peace agreement with the coun- Guerilla Groups try’s largest guerilla group, the Revolutionary Armed Forces of Colombia-People’s Army (Fuerzas Armadas Colombia’s conflict began in the late 1940s during La Revolucionarias de Colombia-Ejército del Pueblo, or the Violencia, a period of intense fighting over land.1 In FARC), ending the Western Hemisphere’s longest 1957, political elites resolved the fighting through a running civil war. Sustaining peace will require the power-sharing agreement,2 which soon failed, since it maintenance of an inclusive transitional justice pro- prioritized placating the political elite over addressing cess to account for and reconcile decades of violence. long-held grievances about rural land. xii The groundwork for such a process was laid in advance of the peace talks in Havana, and yielded significant Ongoing violence and insecurity facilitated the estab- and gender responsive gains in the final accords. lishment and consolidation of power by left-wing This chapter analyzes the current transitional justice guerilla groups in the countryside. Rural farmers and mechanisms created through the Havana peace nego- communists initially formed autonomous community tiations between the Colombian government and the groups to protect themselves; in 1964, several of these self-defense units consolidated into what became FARC, as well as existing transitional justice provi- 3 sions from the 2011 Victims and Land Restitution known as the FARC. Calling for land reform and Law (Ley de Víctimas y Restitución de Tierras, or improved rural living conditions, the FARC pro- claimed that it would defend rural communities from Victims Law). Despite the inclusive process and asso- 4 ciated gains, the electoral rejection of the accords in the Colombian state. Over the next 15 years, the 27 October 2016 underlines the challenges ahead. FARC evolved into an armed group dedicated to ter-

ritorial expansion, claiming to fight for the poor under Justice Inclusive 5 Overall, this case highlights how women laid early its Marxist-Leninist banner. In 1982, the FARC officially transitioned from a defensive to an offen- groundwork on transitional justice and built upon it in the xiii context of the peace process. It finds three main effects: sive force, with a centralized hierarchical structure, a general staff, a military code, and a training school.6 YY First, government agencies working on transitional Other guerilla groups formed around the same time, justice institutionalized gender policies laying a most prominently the National Liberation Army foundation for new institutions created in the (Ejército de Liberación Nacional, or ELN), a group peace accords. of students and intellectuals with roots in Christian YY liberation theology that later became notorious for Second, the peace negotiation architecture included kidnappings.8 specific structures to integrate gender analysis into the accords, which ultimately led to gender- In the early 1980s, the growing power of various gue- responsive provisions in the final agreement. rilla groups and increasing urban unrest compelled YY the Colombian government to try to end the conflict. Third, the accords explicitly classified sexual In 1984, the state signed individual ceasefire agree- violence as a non-amnestiable crime, which sets a ments with four of the five most prominent rebel valuable precedent for other countries in transition. groups, including the FARC.9 A new political party, The result has been a new norm of women’s partici- the leftist Patriotic Union (Unión Patriótica, or UP) pation and an important precedent of creating gen- formed during the transition period after the cease- der-responsive mechanisms that will be hard to wholly fire, but conflict resumed when thousands of mem- reverse, a key lesson for designing and implementing bersxiv – many of whom were former FARC – were inclusive transitional justice regimes in other contexts. assassinated during their first political campaigns.10

xii It is estimated that nearly 400,000 plots of land were taken from small landowners during La Violencia. See Anna Maria Ibanez, Concen- tration of Rural Property in Colombia (Oslo: International Peace Research Institute, 2009) accessed April 22, 2017, https://www.prio.org/ utility/DownloadFile.ashx?id=194&type=publicationfile. xiii The FARC added “Ejercito del Pueblo” (EP), or “People’s Army” to its name. xiv More than 4,000 members of Unión Patriótica have been assassinated since the 1980s. See Diana Jean Schemo, “Colombia’s Death- Strewn Democracy,” The New York Times, July 24, 1997, accessed April 20, 2017, http://www.nytimes.com/1997/07/24/world/colombia-s-death-strewn-democracy.html. The Drug Trade, Paramilitaries, and Shifting Sexual violence was systematically used as a weapon Alliances of war.18 During the 2000s, it was estimated that 18 percent of women in areas controlled by armed Around the same time as peace talks began in the groups were victims of sexual violence: in other early 1980s, a nouveau riche emerged, enriched from words, armed groups directly victimized nearly half the escalating drug trade. The growing wealth and a million people in one decade.19 Caught in conflict power of narco-traffickers spawned a web of incon- 11 zones, Afro-Colombian and indigenous women gruous alliances. Druglords purchased vast rural were especially vulnerable;20 sexual violence was estates and aligned themselves with wealthy land- xv used to spread terror in their territories, which had owners, party elites, and the Colombian military 21 12 been granted constitutional autonomy in 1991. to protect their assets. At the same time, traffickers All armed groups perpetrated these crimes against needed to cooperate with local guerillas to move their women, although in different forms and with differ- products through the jungle. Drug money quickly ent goals.22 Paramilitary leaders abducted women and infiltrated guerilla groups, the militaries, and national 13 girls for sexual slavery and domestic labor, perpetrated political parties. sexual violence to gain territorial control, and assassinated women whom they suspected of fraternizing Druglords also funded right-wing paramilitary 23 14 with ‘the enemy.’ Despite the FARC’s regulations groups to protect their interests. Starting as nar- prohibiting rape, there have been reports of guerrilla co-death squads, these groups then developed into forces using sexual violence to forcibly recruit female private, professional self-defense groups that mobi- combatants.24 lized against left-wing guerillas. In 1997, paramili- 28 tary factions merged into the Autodefensas Unidas de Drug traffickers, guerrillas, and paramilitaries (some- Colombia (United Self-Defense Forces of Colombia, xvi 15 times aligned with multi-national corporations) or AUC). In the mid-2000s, these groups demobi- also displaced huge swathes of the rural population lized through a controversial process after a series of during the conflict. The Unit for Integral Care and agreements with the Colombian government. Reparation for Victims (La Unidad para la Atención y Reparación Integral a las Víctimas, hereinafter the Women’s Roles in the Conflict Cycle Victims Unit), responsible for collecting cases and In decades of conflict, women played diverse roles as providing reparations, has registered more than seven 25

Georgetown Institute for Georgetown human rights activists, fighters, and peace advocates, million victims of forced displacement. Over 1.5

Women, Peace and Security Peace Women, all while enduring the extreme violence of the war. million women have been displaced in the last decade alone.26 Displacement exacerbated the prevalence of For over fifty years, various actors – the paramilitaries, gender-based violence and discrimination that already the guerillas, and the Colombian army – all employed existed. Many displaced women fled to Colombia’s brutal tactics, with devastating consequences for ordi- urban barrios (slums) and have remained there, often nary people. Armed groups used banned weaponry, lacking basic services and vulnerable to sexual vio- such as landmines, and forcibly recruited child sol- lence, sexually transmitted diseases, and forced pros- 16 diers to their causes; kidnapping was common, with titution.27 Afro-Colombian and indigenous women an estimated 12,000 civilians abducted between 1995 face additional obstacles: they cannot practice impor- 17 and 2002 alone. tant cultural rituals in the barrios and often cannot obtain jobs or an education.28 In all cases, displacement seriously affects a woman’s ability to reclaim her

xv Among the parties closely associated with narco-traffickers were the Democratic Alliance (Alianza Democrática) and New Liberalism (Nuevo Liberalismo, or NL). See Mauricio Rubio, “Colombia: Coexistence, Legal Confrontation, and War with Illegal Armed Groups,” in Dangerous Liaisons, ed. Kevin Casas Zamora (Washington, DC: Brookings Institution Press, 2013). xvi Multinational companies, including Chiquita, Del Monte, and Dole, are facing charges of crimes against humanity for the role they played in financing paramilitary death squads, which is the first time that private enterprises have been charged with such crimes. See Adriaan Alsema, “Dole and Del Monte also facing crimes against humanity charges for financing death squads in Colombia: report,” Colombia Reports, February 4, 2017, accessed March 27, 2017, http://colombiareports.com/dole-belmonte-also-accused-crimes-humanity-financing-banana-death-squads-colombia-report/. YY land, since land is frequently untitled, and where a title The ratification in 2002 of the Women’s does exist, it is rarely in the woman’s name.29 Emancipatory Constitution, officially recognizing the common experiences, particularly economic While many women fled the conflict, others willingly marginalization and political exclusion, of women joined the FARC and other guerilla groups.30 Some living in conflict areas.37 estimates even suggest that women comprised 35 to YY Law 975 in 2005, known as the Justice and Peace Law 40 percent of the FARC, including as commanders, as 31 (Ley de Justicia y Paz de Colombia, or JPL) aimed at well as the ELN. These groups espoused a commit- 32 promoting the reintegration of former paramilitaries ment to gender equality as a key recruitment tool. into civilian life by reducing their jail sentences.38 Despite their significant presence within the ranks However, many women-led victim/survivor of the guerillas, some female ex-combatants have groups criticized the JPL as granting impunity for reported sexual violence, including forced abortions perpetrators of sexual violence and argued that the or forced use of contraceptives. There are also reports law, which is still in force, fails to provide women of sexual harassment and other forms of gender dis- 39 33 any real truth, justice, or reparations. Women’s and crimination, such as forced unions. victim/survivor groups, along with international organizations, successfully challenged key aspects While some women took up arms, far more cham- of the JPL, and, in turn, the Constitutional Court pioned peace. In 1996, activist Ana Teresa Bernal instructed the government to include more victim- Montañes’ organization, Red Nacional de Iniciativas centered provisions in the law, including those por la Paz y contra la Guerra (National Network allowing victims to participate in investigations, and of Initiatives for Peace and Against the War, or provisions on liquidating paramilitary assets to pay 29 REDEPAZ), organized a national referendum on for the victim reparations funds.40 peace, in which 10 million Colombians voted for YY Justice Inclusive a peaceful resolution to the conflict. The same year, In 2008, activist efforts resulted in the La Ruta Pacífica de Las Mujeres (Peaceful Route of Constitutional Court issuing Auto 092, officially Women, hereafter Ruta Pacífica) brought together recognizing the conflict’s disproportionate effect on women from 315 organizations across the coun- women. This law required government agencies to try to support the shared vision of peace through create programs to serve women forcibly displaced negotiation.34 by the conflict, established two constitutional presumptions to protect this population, and By 1999, the government had initiated peace talks. Yet issued orders of specific protections for 600 forcibly while women had led the peace campaign, they were displaced women.41 excluded from the talks. When negotiations with the YY 35 Women’s rights activists lobbied Congress for FARC broke down in 2002, and the political cli- special gendered provisions in the 2011 Victims mate shifted away from peace efforts, women’s groups Law,42 which created the Victims Unit to administer nevertheless continued mobilizing for peace, building reparations. The law also mandated the return of coalitions and advocating for a more inclusive process. millions of hectares of land to those displaced by the conflictxvii and introduced measures to assist Colombian women’s organizations also consistently 43 advocated for women’s civil and socio-economic women in their land rights claims. rights, which, in turn, led to constitutional changes Women activists’ extensive engagement has had and legal reforms, including: major impacts, especially through legal reforms. YY Shortcomings remain, however. For example, critics The inclusion in the 1991 Constitution of gender- contend that the implementation of the Victims Law responsive language, declaring men and women has fallen short in its protection of women seeking to as equal, emphasizing special protections during secure land since, three years after the law was signed, pregnancy, and guaranteeing women’s participation 36 over 75 percent of land restitution claims made by cou- in public administration. ples continue to be made in the male partner’s name.44 xvii As of 2012, Colombian landowners lost nearly seven million hectares (17 million acres) of land as a result of the conflict. See Lina Forero-Nino, “Colombia’s Historic Victims and Land Restitution Law,” Law and Business Review of the Americas 18, no. 1 (2012): 97. The Road to Peace in 2016 CURRENT STRUCTURES OF In 2012, President Juan Manuel Santos announced TRANSITIONAL JUSTICE that the government would begin public negotiations Transitional justice mechanisms in Colombia can with the FARC. Four years of negotiations yielded a be divided into two categories: those longstanding comprehensive peace deal in 2016, which stated that government institutions developed over 50 years of the FARC would lay down its weapons and transition conflict, and the new structures created during the to a legally recognized political party. Havana peace process. Despite international acclaim for the agreement, voters rejected the peace deal by a narrow margin in an October 2016 referendum, claiming it was too favorable to the FARC. Shortly thereafter, the government and the FARC signed a revised peace deal that addressed key concerns, which the Congress ultimately approved.

Government Ministries Involved with Transitional Justice

30 Agency: Agency: Victims Unit Ministry of Justice and Rights Leads the government’s e orts to provide Formulates, coordinates, and executes policy reparations to victims of the conict cycle.45 related to access to formal and alternative justice, It administers both individual and collective crime prevention and control, and prison and reparations and provides technical and budgetary penitentiary issues.47 support to territorial authorities to address victims’ needs.46

Georgetown Institute for Georgetown Women, Peace and Security Peace Women, Agency: Agency: Oce of the Attorney General Ombudsman’s Oce Investigates and prosecutes crimes.48 An autonomous body that advances human rights standards by promoting compliance with international humanitarian law, advising individuals in the exercise of their rights, and providing access to justice.49 THE PEACE PROCESS BETWEEN Within the process, six sub-commissions were created THE GOVERNMENT OF to support the negotiations, including one on gender: YY COLOMBIA AND THE FARC The Historical Commission on the Conflict and The Havana peace table was made up of two nego- its Victims; YY tiating delegations (the Colombian government and The Gender Sub-Commission; the FARC), as well as representatives from guaran- YY tor countries (Norway and Cuba) and accompanying The Technical Sub-Commission on Ending the countries (Venezuela and Chile).45 Humberto de la Conflict; 46 YY Calle Lombana led the government delegation; this The Legal Sub-Commission, to help build a justice team was supported by Sergio Jaramillo Caro, the system; high commissioner for peace, whose office helped YY set the agenda for the negotiations and played a key The Commission on Paramilitarism, to assist with role in preparing for the accords.47 The FARC pleni- the agreement on ending the conflict; and YY potentiaries were led by Lucian Marín Arango (alias The Sub-Commission on Human Rights, to Iván Márquez). Although rarely present in Havana, address issues related to prisons.50 the commander of the FARC, Rodrigo Londoño The negotiation process allowed for civil society input Echeverri (alias Timoleón Jiménez or Timochenko), 48 through three mechanisms: was another key player. YY the creation of proposals related to the six agenda The negotiations were organized around six agenda items, sent to the peace table by physical or 31 items: electronic means; YY YY Justice Inclusive A Comprehensive Agrarian Development Policy; direct consultations on the agenda items, through YY delegation trips to Havana and other methods; and Political Participation; YY YY participation through spaces organized by parties An End to the Conflict; not directly connected to the peace table.51 YY A Solution to the Problem of Illicit Drugs; YY The Victims; and YY Implementation, Verification and Endorsement.49 on Ending the Con ict

Structure of the Havana Dialogues

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CIVIL SOCIETY Georgetown Institute for Georgetown Women, Peace and Security Peace Women,

The Integrated System of Truth, Justice, Reparation, and Non-Repetition

Havana Accords

Integrated System of Truth, Justice, Reparation and Non-Repetition

Commission for Special Unit for the Search Reparation the Clari cation Jurisdiction for Persons measures of Truth, Coexistence for Peace Disappeared in via existing and Non-Repetition the Conict or as a institutions result of the Conict YY The Integrated System of Truth, Justice, Reparation, In the Havana accords, expressly designating and Non-Repetition (Sistema Integral de Verdad, sexual violence as a non-amnestiable crime – the Justicia, Reparación y No Repetición, or SIVJRNR) first peace agreement to do so – set a precedent for coordinates the planning and provision of services other negotiations to follow. for victims, as well as accountability for perpetrators. The sections that follow trace how each of the above The SIVJRNR is made up of a variety of mechanisms gains came about, and why they are significant. to address victims’ needs,xviii including the Special In doing so, this report provides a framework for ana- Jurisdiction for Peace (Jurisdicción Especial para la lyzing the successes and limitations of inclusivity in Paz) and the Commission for the Clarification of the Colombian process as seen by Colombians, and Truth, Coexistence and Non-Repetition (Comisión develops key lessons for designing and implementing para el Esclarecimiento de la Verdad, la Convivencia y inclusive transitional justice regimes in other contexts. la no Repetición).52 Importantly, the fieldwork for this chapter was conducted in a format that enabled participants to iden- The Special Jurisdiction for Peace will judge and impose tify the issues they perceived as most critical to transi- sanctions on those responsible for crimes committed in tional justice, without criteria imposed by researchers. the armed conflict, including crimes against humanity, While some issues such as land restitution and forced genocide, and grave war crimes, working in coordination displacement were discussed with study participants, with the Attorney General’s office, as well as victims and 53 the policies arising from these issues did not emerge human rights organizations. The Commission for the as gains of the transitional justice process and thus are Clarification of Truth, Coexistence and Non-Repetition not addressed at length here. will be a truth commission, to clarify what happened 33 during the conflict and to acknowledge the experiences of victims, working in coordination with the Special GAIN 1: GOVERNMENT Inclusive Justice Inclusive Jurisdiction for Peace,54 both to understand the extent MINISTRIES WITH of violations committed and to punish the perpetrators. TRANSITIONAL JUSTICE MANDATES IMPLEMENTED WOMEN’S GAINS WITHIN GENDER POLICIES COLOMBIA’S TRANSITION What does this mean? Despite the road to peace being long and contentious, three key features of Colombia’s current peace and During decades of war, the government institutional- transitional justice architecture have enabled the pro- ized its response to the conflict by creating offices within cess to be gender-inclusive: existing ministries to manage and implement conflict-related policies, including a somewhat fragmented YY Prior to the peace accord, integrating gender into transitional justice process, headed by the Victims Unit, the institutional policies of several government the Ministry of Justice, the Ombudsman’s Office, and agencies with transitional justice mandates the Office of the Attorney General, along with other established a precedent for the resulting transitional supporting agencies. Since 2011, these agencies have justice provisions arising out of Havana. implemented policies that integrate gender into their YY program frameworks and activities. During the peace negotiations, creating gender structures opened official spaces for women to As the lead agency administering reparations, the advocate for policies that acknowledged their Victims Unit seeks to apply a transformative approach experiences during the conflict. when addressing women’s needs, as Iris Marín Ortiz, sub-director of the Victims Unit, stated: xviii Commission for the Clarification of Truth, Coexistence and Non-Repetition (Comisión para el Esclarecimiento de la Verdad, la Convi- vencia y la No Repetición), the Unit for the Search for Persons Disappeared in the Conflict or as a Result of the Conflict (la Unidad para la Búsqueda de Personas dadas por Desaparecidas en el contexto y en razón del conflicto armado), the Special Jurisdiction for Peace (la Jurisdición Especial para la Paz), and reparations measures to be administered by pre-existing state institutions. “Reparations must be transformative. This means Unit, these advisory committees disburse reparations that we are not just looking to restore the previous locally. Both policies ensure women hold leadership 62 state of things, but also to correct the previous sit- roles in locally implementing collective reparations. uation of discrimination or marginalization that this person suffered before. When it comes to Other government institutions dealing with transitional justice have also mandated gender-responsive women…we’re not bringing them back to a place policies. In early 2016, the Office of the Attorney where they were abused by their husbands…. General directed its offices to create specific protocols That’s a situation of discrimination and margin- for victims of gender-related violence.63 The Office of alization. We have to take that into account in the Transitional Justice within the Office of the Attorney 55 reparations process.” General trained staff to identify signs that a victim may have experienced gender violence, even if the As part of the Unit’s original structure, the Office on person originally comes forward to declare a differ- Gender Policy has applied this approach across all 64 56 ent crime. The Ministry of Justice has been proactive Unit activities since inception. Two key components in pushing the courts to develop directives that make are collecting sex-disaggregated data and mandating it easier for women to navigate discriminatory laws gender parity for the Unit’s implementing partners xix 57 when pursuing conflict-related cases, and has urged in civil society. Importantly, the Unit is responsible 65 judges to resolve cases accordingly. for officially registering victims, and requires the sex of the person to be stated on the submission form.58 Integrating gender policies has resulted in more tar- Using this, programs can be tracked by gender, result- geted programs for women. For example, the Ministry 34 ing in the following statistics: of Justice supports multi-day workshops across the YY country to provide integrated services for female vic- Roughly half of the approximately 8.4 million tims of conflict-related sexual violence: a local CSO victims registered with the Unit by June 2016 were will coordinate the logistics, with the Ministry provid- women. ing representatives of the Attorney General’s office, the YY While disbursement amounts are not disaggregated Victims Unit, and the Ombudsman’s office.66 Catalina by sex, 70 percent of the 600,000 recipients are Díaz Gómez, director of transitional justice at the women. Ministry of Justice, explained the rationale behind this YY

Georgetown Institute for Georgetown methodology: “The government needs to approach the The rehabilitation program has also overwhelmingly Women, Peace and Security Peace Women, victims in an inter-institutional way so that the victims served women: 76 percent of the 93,000 participants 67 59 don’t need to tell their story three different times.” have been women. YY However, only 22 out of the Unit’s 140 registration Instead, victims give their testimony once, and various centers have the capability of taking statements officials file it accordingly for prosecution, reparation, confidentially,60 widely considered as a best practice or other services depending on the work of their for increasing women’s access to resulting services, ministry. such as medical, psychosocial, etc. How did it happen? For collective reparations – reparations granted to organizations, communities, or groups targeted dur- The Victims Unit led the way. Ranking officials at the ing the conflict, rather than individuals – the Unit Victims Unit had deep ties with civil society. These launched an affirmative action strategy to reach wom- officials were also overwhelmingly women, and their en’s organizations.61 Even when dispensing collective support for a strong gender focus proved crucial.xx reparations to bodies not expressly focused on women, The sub-director of the Victims Unit Iris Marín Ortiz the Unit mandates gender parity on the advisory com- observed: mittees of recipient groups. In partnership with the

xix Women rarely hold land titles in their name. Before accessing land restitution processes, they must first apply for presumed death dec- larations for family members or succession decisions, which can take years in court. xx In June 2016, a new male director, Alan Jara, assumed leadership of the Victims Unit. “So far, our director-general [Paula Gaviria] and the leverage to compel several government agencies sub-director, and four out of our five national to follow suit. For instance, since the Victims Unit directors are women….90 percent of our organi- manages the reparation disbursement process, its pol- zation is composed of women. The highest rank- icies influenced the Attorney General’s office and the ing members are women.”68 Ministry of Justice. More specifically, the Victims Unit oversees the National System for Integral Reparations Paula Gaviria, a prominent civil society advocate, to Victims (Sistema Nacional de Atención y Reparación played a key role in designing the Victims Law in Integral a las Víctimas, or SNARIV), which coordi- 2011, and was subsequently instrumental in estab- nates the 53 state entities dealing with victims.73 lishing the Victims Unit. Maria Eugenia Morales and Within SNARIV, each state entity uses the Plan for Iris Marín Ortiz, currently the respective national Attention, Assistance and Integral Reparations to director and sub-director, had previously worked with Victims (Plan de Atención, Asistencia y Reparación a UN Women Colombia (ONU Mujeres Colombia), las Víctimas, or PAARI) to create a profile for each where they had designed gender-sensitive method- victim and record their needs.74 The intake processing ologies for working with victims and advocated for form states the victim’s gender. The Victims Unit, via their inclusion in the Victims Law.69 As the sub-di- PAARI, disseminates all victim information, includ- rector stated: “Our presence in this institution comes ing gender, to the other government entities tasked from our experience with women’s organizations.”70 with providing services. A common barrier to gender-responsive policies is the lack of sex-disaggre- Women’s groups had collected victims’ testimonies gated data to implement programs, but officials in for over 20 years in order to document violations and agencies working on transitional justice noted that 35 advocate for services responsive to women’s needs. PAARI includes information on gender and can use Starting in the mid-2000s, they were already devel- it to complete their work.75 Easy access to sex-disag- Inclusive Justice Inclusive oping gender-responsive frameworks for transitional gregated data can change both which programs are justice while lobbying the relevant institutions to implemented and whether those programs adequately adopt their recommendations. Thus, as civil society serve women. activists became government officials, many as high- level officials, they incorporated these priorities into Judicial decisions also supported institutional changes state institutions such as the Victims Unit. When in gender policy such as those spearheaded by the the Victims Unit was first created, civil society advo- Victims Unit. Auto 092, a judicial mandate issued in cates felt it represented a unique opportunity to reset 2008, articulated specific conflict-related risks women the relationship between government agencies and face,76 which forced government offices working on the victims they aimed to serve. As the sub-director conflict-related issues to include gender in their indicated, work.77 This was followed by Auto 009 in 2015, which established “a constitutional presumption of connec- “The government took many of the banners tion between sexual violence, the armed conflict and carried by civil society and appropriated them, displacement.”78 The judicial mandate states, so that … many people we now work with here at the Unit and other places… [are] people we “It is reasonable to presume that acts of sexual used to work with previously, in human rights violence perpetrated [in areas of armed con- organizations.”71 flict] are found to have a direct tie to the armed conflict and therefore, factor into new displace- The Colombian state relies heavily on Bogotá bureau- ments or the re-victimization of women who xxi cracies, with numerous interviewees referencing the have established themselves in a given location importance of precedents and legal obligations as the after displacement. Thus, competent authorities way to establish gender-responsive policies in gov- should apply this presumption in order to pre- ernment agencies.72 As such, the Victims Unit had vent, respond to, register, investigate, prosecute xxi According to a government official, Colombia has one of the strongest and most active judiciary systems in the region and has a culture of bureaucratic rules. Interview with a government official, June 16, 2016. and redress acts of sexual violence against women local organization in Putumayo, which together cre- that have occurred in a given location, taking into ated an approach for working with indigenous or 85 account the correlation between the armed con- Afro-Colombian victims of sexual violence. They flict, the presence of armed actors, displacement published a series of best practices called “Ruta Ideal” and sexual violence.”79 (‘Ideal Path’), which included recommendations such as allowing reporting at the Health Department Auto 009 directed government ministries to be aware rather than the Prosecutor’s office, and not requiring a of sexual violence in conflict situations and to create security check or explanation of reasons before enter- policies in their respective offices acknowledging the ing to file a claim.86 Subsequently, the Presidential difference between conflict-related sexual violence Office of the Council of Human Rights (Consejería and other forms, such as intimate partner violence or Presidencial para los Derechos Humanos), currently rape outside of a conflict context. Such institutional headed by the former Victims Unit director, Paula policy changes signal an awareness that gender mat- Gaviria, partnered with LIMPAL to train women ters when administering government services, par- victims on victims’ rights and to provide psychological ticularly in relation to conflict. and legal counseling.

Spurred on by new gender policies, some govern- Why does it matter? ment agencies created gender-responsive programs by adopting methodologies from women’s CSOs. How the dictates of the Havana accords will merge For example, the Ministry of Justice’s workshop pro- with existing government frameworks on transitional grams were created by a CSO seeking to support vic- justice remains to be seen. The gender policies so far 36 tims of conflict-related sexual violence. After being enacted by government agencies offer some hope that approached by women wishing to register sexual bureaucracy can integrate gender into institutions cre- violence complaints but without any comfortable ated by the accords. One promising sign was that the way of doing so, Corporación Mujer, Sigue Mis Pasos former director of the Victims Unit and champion of (Woman, Follow My Steps, or CMSMP) developed gender-responsive approaches, Paula Gaviria, was at a new complaint submission process to facilitate col- the negotiating table in Havana for several months, lective submissions, whereby victims could testify to explaining the processes of the Unit and advising on multiple agencies simultaneously. This process was language for the Victims Accord. implemented through private, two-day workshops Georgetown Institute for Georgetown Though still limited, the creation of gender pro-

Women, Peace and Security Peace Women, that included representatives from the offices of the 80 gramming at the Ministry of Justice and elsewhere Ombudsman and the Attorney General. The initial is encouraging, making it easier for conflict victims workshop enabled the government to collect and reg- 81 to report crimes and access associated government ister the testimonies of 60 participants. CMSMP services, which in turn creates credibility for these eventually partnered with the Ombudsman’s office institutions. If government institutions, in partner- and the Ministry of Justice in coordinating and pro- ship with women’s CSOs, are attentive to the needs viding funds for the complaint submission model, 82 of conflict-related sexual violence victims, this could respectively. The CMSMP representatives, all them- help restore the trust lost due to the state’s failure to selves victims of sexual violence, trained officials on protect its citizens from conflict. how to engage women without re-victimizing them.83 While significant disagreements between the parties However, significant challenges remain: state agencies 84 ultimately ended the partnership, the Ministry of are diverse by nature, regional outposts demonstrate Justice continues to implement a version of this inte- far less willingness to implement gender policies than grated service model. the Bogotá headquarters. Some local transitional justice agencies, such as the Attorney General’s and A similar partnership developed with the national Ombudsman’s offices, are unresponsive, or stigma- women’s CSO Liga Internacional de Mujeres por la Paz tize women submitting testimony, with responses y la Libertad (Women’s International League of Peace varying by city or even by town.87 This was noted in and Freedom, the Colombian branch of WILPF, or various interviews. As one employee of the Victims LIMPAL) and Casa Amazonia (Amazon House), a Unit revealed, “Whenever [women] say something’s happening, people think they’re making it up, so of an inclusive peace agreement. Pressure from women [women are] used to dealing with their own issues in civil society aligned with the strategic self-interest of without the institutions.”88 both negotiating teams to make this possible.

A victim’s advocate living in Cartagena reported that Two mechanisms enabled this achievement: she frequently uses national-level allies to override regional inaction, explaining, First, the Gender Sub-Commission (la Subcomisión de Género, or GSC), announced in June 2014, was part “First, I talk with the regional level. If they don’t of the negotiation table’s pronounced commitment xxii listen to me I go to the national level. There are to achieve agenda item five addressing the needs 93 some institutions that never do what we ask them of victims. Inaugurated three months later, the GSC comprised six members from each negotiating to, and I already know it, so I go directly to the 94 national level.”89 team, as well as guarantor country representatives. It was co-chaired by María Paulina Riveros Dueñas, Aware of these hurdles, the Victims Unit leadership a government plenipotentiary and former direc- specifically decided that their intake policy would tor of human rights at the Ministry of the Interior involve analyzing victims’ statements in Bogotá, (Ministerio del Interior) and Simanca Judith Herrera rather than regionally.90 (known under her alias, Victoria Sandino), a FARC guerrilla and member of the FARC Peace Delegation. Beyond mistrust, danger also looms for women com- The GSC’s mandate was to “review the final agreeing forward locally, especially those victimized by ment and prior agreements reached and guarantee crimes of sexual violence; threats are common, and that they had an adequate gender focus.”95 37 protection is limited.91 Only 12,000 victims have

registered claims of sexual violence out of eight mil- In practice, its members analyzed the impacts of the Justice Inclusive lion registered victims92 – even though estimates of conflict on women for each agenda item in the peace 96 conflict-related sexual violence are much higher. deal. The GSC is unique; no other such commission Institutional gender policies are only a first step in has been created during official negotiations to review increasing the number of claims; for women victims all agreements from a gender perspective. to safely report conflict-related sexual violence and Second, there was a de facto gender quota for the vic- access services across the entire country, huge deploy- tims’ delegations that presented directly to the negoti- ments of human and financial resources are required. ating table in Havana. The negotiating table agreed on Mobilizing these resources involves sustained politi- criteria through which Colombians could be selected cal will outside of Bogotá. As such, regardless of the to address the peace table; they stipulated that women strength of gender frameworks, disconnects between had to participate, though they did not specify an central and regional implementation remain a signifi- actual number.97 The United Nations, the National cant challenge to the transitional justice process. University’s Thought Center for Following the Peace Dialogue (Centro de Pensamiento y Seguimiento al GAIN 2: CREATION OF SPECIFIC Diálogo de Paz), and the Colombian Conference of STRUCTURES TO INTEGRATE Bishops (Conferencia Episcopal Colombiana, or CEC) GENDER IN THE PEACE collectively chose the delegates, working from lists of NEGOTIATIONS victims submitted by the Victims Unit, by CSOs such as Victimas Visibles and Movimiento Nacional de Víctimas What does this mean? de Crímenes de Estado (National Movement of Victims 98 The Colombian peace process in Havana is a rare case: of State Crimes, or MOVICE), and by individuals. women participated at the negotiation table, on the The negotiating teams had no input in the selection technical support teams, and through testimonials, process, reducing the possibility of bias, and delegate with each agenda item reviewed by the Gender Sub- names were kept confidential until the victims were 99 Commission before the final agreement was signed. The on their way to Havana. According to Alejo Vargas, process included structures to facilitate the express goal director of the Thought Center for Following the Peace xxii This occurred with the release of the “Declaration of Principles for the Discussion of Point 5 on the Agenda: Victims” (Declaración de principios para la discusión del punto 5 de la agenda: víctimas). Dialogue, the selection committee sought diversity in more than 500 women to create unified recommen- terms of region, perpetrator, and crime typology (e.g., dations to be sent to the negotiation teams.107 These kidnapping, extortion, displacement, sexual violence, women represented thousands more, as the nine CSOs anti-personnel mines, among others), while adhering were hubs for women’s networks across the country. to the de facto gender quota. Ultimately, the peace table Some of the organizers, such as the Red Nacional de listened to five delegations of 12 victims each; women Mujeres (National Network of Women), coordinated constituted 60 percent of the 60 victims who pre- regional summits with their local affiliates in advance sented,100 giving an account of their experiences during of the Cumbre, so that the national groups could con- the conflict and their priorities for the peace. vey their regional partners’ recommendations to the summit.108 How did it happen? This multi-tiered approach enabled a flow of infor- Long before the Havana talks began, women in civil mation between regional networks of women and society had started developing the structures and gath- women’s organizations headquartered in Bogotá.109 ering the evidence to push for an inclusive peace pro- Inilse Mercado, a member of the Cartagena branch cess. In 2009, Ruta Pacífica embarked on a multi-year of the Mesa del Movimiento Social (Table of Social process to create a truth commission for women. As Movements), explained how the complex network- their director, Marina Gallego, noted, ing among women’s groups disseminated information “We created this commission… as a contribution across the country: by women to the peace process in Colombia, even if “There are national women’s networks. In my case, there wasn't yet a negotiation table, back then, nor 38 I’m also a member of a grassroots organization was one expected to be created any time soon.”101 called the Empowerment for Women Network. In addition to developing a gender-responsive method- The core of my work is on a neighborhood level, ology for any future truth commission,102 Ruta Pacífica in another grassroots organization called Amiga. also interviewed more than 1,000 women across every Amiga is part of the Empowerment for Women department in Colombia. Other organizations, such as Network. This network focuses on public policy CMSMP and Movimiento por La Paz (Movement for and operates as a node of the National Network. Peace, or MPDL), undertook similar initiatives, albeit Through these nodes, we communicate with the 103 Georgetown Institute for Georgetown with different methodologies. Through interviews National Network – they keep us informed on the Women, Peace and Security Peace Women, and service provision, they created compelling evidence [peace] process.”110 for the need to elevate women’s experiences within a formal process. The layered networks enabled the perspectives of multiple women’s groups across the country to be part With the aim of affecting the contours of the talks, of the proposals sent to Havana by streamlining the women’s CSOs built coalitions to mobilize thousands demands of the women’s movement into manageable of women, targeting their outreach towards various proposals and focusing on pressuring key stakeholders. stakeholders in the peace process. After the talks were announced in September 2012 without any female However, women’s concerns and their degree of negotiators, women’s CSOs began lobbying the gov- inclusion in the process varied. There were notable ernment and international players. In one key meeting geographic differences; Afro-Colombian and indige- in 2013 with Sergio Jaramillo, the high commissioner nous women in particular still felt distanced from the for peace, Ruta Pacífica pushed for women plenipoten- decision-making.111 An interviewee from Cartagena tiaries. Jaramillo’s office indicated that if a vocal public revealed, case was made, they could acquiesce.104 In late 2013, nine prominent women’s CSOs105 organized a three- “Women from national [Bogotá-based] organ- day Cumbre de Mujeres y Paz (Summit on Women and izations can just come, talk the talk and then Peace, or Cumbre) in Bogotá, supported by the UN and leave. Their notions of safety are different… international partners such as Norway, Sweden, and [Cartagena]…is a completely different context. 106 Spain. The highly publicized event brought together There is a lot of fear.”112 e Cumbre and its Networks

Casa de Coalición Mujeres por Ruta Alianza Iniciativa la Mujer 1325 la Paz Pacíca de de Mujeres Colombianas Colombia las Mujeres por la Paz

Colectivo de Red Conferencia Asociaciòn Nacional

NATIONAL NODES NATIONAL Pensamiento Nacional Nacional de de Mujeres Campesinas y Acción Mujeres, de Mujeres Organizaciones Negras e Indígenas POLITICAL COMMITTEEPOLITICAL Paz y Seguridad Afrocolombianas de Colombia

ES CIVI OD L S Y N OC T I IE ET C Y O N S O IL D V 39 E I S C Inclusive Justice Inclusive OF CIVIL SOCIETY REGIONAL NODES REGIONAL DE CARTAGENA DE INDÍAS Y BOLÍVIAR DE INDÍAS DE CARTAGENA RED DE EMPODERAMIENTO DE LAS MUJERES DE LAS DE EMPODERAMIENTO RED S ODE LOCAL S N GR OT AS O SR R O SS O A T R S G N L O A D C E O L

S AMIGA LOCAL NODES LOCAL OF GRASSROOTS ORGANIZATIONS Divisions were also topical, even within the Bogotá- of the High Commissioner was nearly 70 percent based organizations. As Norma Inés Bernal Vélez female, with women holding all the director-level of the Grupo Ecuménico de Mujeres Constructoras de positions.120 These women did not work specifically Paz (Ecumenical Group of Women Peacemakers, on gender, but they held meetings with women’s or GEMPAZ) noted, “we bring our very strong CSOs as part of their usual outreach efforts. arguments… it’s very difficult. Women in Colombia are very good at arguing in their groups.”113 The idea of the Gender Sub-Commission emerged from one of these key officials – Elena Ambrosi.121 After Interviewees noted that multiple priorities, includ- the Cumbre, and amidst sustained pressure from wom- ing forced disappearance were discussed, but nota- en’s CSOs, Ambrosi developed and presented the idea bly, interviewees did not mention land restitution. of a Gender Sub-Commission first to Commissioner Even with these differences, the Cumbre relayed Jaramillo, then to the negotiating teams. As one gov- specific requests to the negotiating teams, including ernment official summarized it, “Elena is super power- the naming of women as plenipotentiaries. ful within the delegation.... So, when she insisted, ‘This is something I want to make happen,’ it happened.”122 One month after the initial Cumbre, the government appointed two women as plenipotentiaries: María In creating the GSC, Ambrosi, with the help of others, Paulina Riveros Dueñas and Nigeria Rentería. Ruta operationalized one of the main items on the agenda of Pacífica’s Marina Gallego saw the Cumbre as causal: women’s CSOs: an official forum to discuss issues that “We demanded from the government that women affected women’s lives during the conflict. be named plenipotentiaries – and the government 40 did so.”114 The international community also championed women’s inclusion in the peace process. For instance, through International pressure for women’s participation funding, capacity building, and facilitation support, was also a factor, including the timely assess- UN Women Colombia was a key player in creating the ment of Colombia’s compliance with treaty obli- Cumbre. As Katherine Ronderos, a Cumbre Political gations to the Committee on the Elimination of Committee representative from LIMPAL, indicated: Discrimination against Women (CEDAW) in October 2013. 115 “UN Women facilitates the group and has provided important support, not only technical

Georgetown Institute for Georgetown The nine Cumbre organizers, known as the Political but political as well. This has been pivotal to the

Women, Peace and Security Peace Women, Committee, continued to meet on a bi-weekly basis 116 Cumbre because we are a diverse group… we argue, and advocate for women’s priorities. As one gov- and we often struggle to come up with decisions. ernment official said: “They were pushing for meet- They have helped us… to keep us together, and to ing with us, they got meetings with us, they were be more real on our decisions.”123 saying ‘we need to do this, we need to make sure 117 that we really incorporate gender issues here’.” The former head of UN Women Colombia, Belén Committee members targeted specific government Sanz, accompanied women’s groups to lobby for an inclusive process, effectively giving these women’s representatives based on existing leverage. Sisma 124 Mujer (Sisma Woman), a leader within the National CSOs the backing of the international community. Network of Women, networked with Paula Gaviria The Norwegian government also played a critical role in making the process more inclusive, expressly of the Victims Unit as well as the Office of the High 125 Commissioner;118 Ruta Pacífica acted similarly with with regard to gender: as the GSC was discussed, 119 a Norwegian focal point on 1325 stressed the impor- officials at the Ministry of Justice. tance of a gender perspective in the peace process, and The officials with whom they met shaped many of Norway later appointed a member of its team to serve 126 the daily decisions made on the peace process – and as a facilitator for the GSC. International agencies many of these officials were women. Women held also helped select the members of the victims’ delega- key posts across multiple ministries such as the tions. As one of three entities on the selection com- Victims Unit and the Ministry of Justice; the Office mittee, UN Women ensured adherence to the de facto gender quota. They helped guarantee that women made Why does it matter? up 60 percent of the delegates who visited Havana.127 The structures of the Havana process shaped the final Ultimately, however, the FARC and the Office of accords. Gains made for women in transitional justice the High Commissioner chose strategically to ensure sections of the accords included: inclusion in the talks. With the Havana negotiations YY being a less transparent process than previous itera- the creation of a gender working group within the tions,xxiii the government sought to demonstrate its future truth commission to address the effects of willingness to listen. As one government official said the conflict on women; regarding women’s CSOs: “We’ve heard them, we’ve YY a special team in the Special Jurisdiction for Peace invited them… [the GSC] has been of great help to a court to investigate sexual violence cases; very important and representative group in Colombian YY society. They know we’re there, working on the issue.”128 a commitment to improving psychosocial service provision to sexual violence survivors; For the FARC, which had little to no contact with YY the civilian population during the peace process,129 an the classification of sexual violence as a non- inclusive process had the potential to help human- amnestiable crime; and YY ize the armed group. Given the subsequent failure of the promotion of women’s equal participation the referendum, this strategy was perhaps inadequate. in new transitional justice bodies created by the Nevertheless, the GSC and victims’ delegations con- accords.133 stituted almost the only opportunities for the FARC These gains can be traced to the gender structures in to engage directly with Colombian citizens, albeit in a 41 government-sanctioned setting.130 the peace process architecture. The GSC served as the key entry point for women’s inclusion. Women’s CSOs An overall emphasis on victims in the negotiation pro- sent proposals to the GSC and lobbied through its rep- Justice Inclusive 134 cess yielded structures that were accessible to women resentatives, submitting input on every agenda item xxiv and responsive to their needs. Maria Paulina Riveros in real-time. Because women’s CSOs had collected 135 Duenas spoke to its relevance: evidence of the conflict’s impact on women, the GSC acknowledged their expertise and invited their testimo- “For the first time…all the agreements should be nies. Initially 18 women from various organizations tes- focused on the rights of conflict victims, to ensure tified at the GSC followed by a delegation of 10, focused that at least there will be justice and reparation, and expressly on sexual violence.136 These women used this 137 no repetition. The purpose of the visit wasn’t just opportunity to explain their priorities and to pro- for them to come and be heard, but for the phys- pose language that was ultimately codified in the final 138 ical presence of a very diverse group to help us in agreement. 131 designing the agreement.” In addition to the two GSC co-chairs (who were The GSC utilized this explicit focus on victims to push already official members of their negotiating teams), for including its gendered analysis in the agenda items other women came to Havana specifically to serve on of the overall accord. A focus on inclusion resulted in a the GSC, increasing the number of female officials direct reference to victims’ rights to truth, justice, repara- within the process. Two of the government’s nine pleni- tions, and guarantees of non-recurrence,132 which was a potentiaries were women, and, while the FARC had no female plenipotentiaries, approximately 35 percent of substantial gain in terms of future legal recourse for vic- 139 tims. The GSC also succeeded in inserting an acknowl- their overall delegation was female. Furthermore, the edgment of the differential impact of conflict on men GSC’s mandate enabled it to review and make recommendations on all agenda items, giving women on the and women – official recognition of gendered victimhood 140 – into this text, which was a gain for women victims. GSC a unique power to impact the accords.

xxiii The government was intent on creating a less participatory process than the 1999-2002 El Caguán discussions with the FARC, which involved many citizens, but three years of presentations dissolved without the parties even agreeing to an agenda. A government official noted Colombia’s history of failed talks, “We rethought this process not only within the international framework…but also on the experiences Colombia had on the issue.” Interview with government official, June 16, 2016a; Interview with government official, June 16, 2016c. xxiv The Gender Sub-Commission also reviewed the agenda items agreed to before its creation. These participatory gains did have a distinct Bogotá be realized, but still, there was a general feeling of bias. Some women, especially Afro-Colombian and a common aim.”145 indigenous women, were not present at the table, and many felt that the GSC did not adequately address their The GSC was an innovation that created unexpected needs.141 Julia Eva Cogollo Cabaracas of the Proceso de common ground between the negotiating teams. Comunidades Negras (Group of Black Communities, or PCN) discussed how neither the Afro-Colombian GAIN 3: SEXUAL VIOLENCE community nor the women’s community adequately AS A NON-AMNESTIABLE CRIME pushed for black women’s needs: What does this mean? “We consider that our proposals won’t be heard… The Special Jurisdiction for Peace, a new court created the ones [from PCN] who go to Havana are men, by the peace accords and charged with carrying out and even when we send proposals with them, conflict-related prosecutions, cannot grant amnesty we’re not really sure if they are going to fight for to any person charged with a crime of sexual violence. our proposals… On some occasions, we sent them Colombia is the first country to explicitly adopt this designation in a peace agreement, leaving no room for with women organizations that went there… they xxv almost never emphasize the black part.”142 interpretation.

Indigenous women shared these concerns. As one How did it happen? interviewee expressed, the GSC “exposed the needs of Initially, women’s groups disagreed on how to approach women in general, but not necessarily those of indige- 42 143 the crime of sexual violence in conflict. Some worried nous women.” that focusing on sexual violence would mean other The GSC was also important from a negotiating per- issues affecting women, such as forced displacement spective. In reviewing proposals through a gender lens, or land restitution, would be neglected; others argued the GSC created a common cause between the other- that peace could not be achieved without addressing 146 wise adversarial positioning of the two negotiating par- sexual violence. After contentious debates among xxvi ties. As Maria Paulina Riveros Duenas said: “I remem- Cumbre leaders and others, three organizations ber phrases such as ‘This is the first time we have an formed a separate alliance known as the Alianza de all-women meeting at the table,’ [and] ‘We have some- las Cinco Claves (Alliance of the Five Keys, or Cinco 144 xxvii Georgetown Institute for Georgetown thing in common.’ It was somewhat surprising.” Claves). Women, Peace and Security Peace Women, Hilde Salvesen, the Norwegian facilitator on the GSC, Cinco Claves prioritized sexual violence in their advo- observed how the GSC created unexpected common cacy strategies: submitting online proposals; meeting ground between the negotiating teams: with María Paulina Riveros Dueñas, Catalina Díaz Gómez, and GSC members; developing a relationship “Although the persons in the commission came with the FARC and providing recommendations to from very different contexts and had contrast- their lawyers; and creating a country-wide campaign ing political views, there was a common goal: to solicit and forward proposals on sexual violence the empowering of women and women’s rights to the peace table.147 Adriana Benjumea Rúa, a key throughout the peace process. Now they didn’t member of the Cinco Claves alliance and director of always agree on the measures or how this should Corporación Humanas, Centro Regional de Derechos

xxv From a review of 300 peace agreements in 45 conflicts from 1989 to 2008, only two can be interpreted to classify sexual violence as a non-amnestiable crime. The Democratic Republic of the Congo’s Sun City Agreement (2003) designates “crimes against humanity” as non-amnestiable. While certain criminal tribunals, including the International Criminal Tribunal for the former Yugoslavia (ICTY) and the International Criminal Tribunal for Rwanda (ICTR) have defined “crimes against humanity” to include sexual violence, the Sun City Agreement does not make clear what definition of “crimes against humanity” it adopted. The Juba peace agreement for Uganda (2007-08) intended to prevent impunity for all crimes covered in the Rome Statute, which includes sexual violence. However, this agreement was never signed. See Robert Jenkins and Anne-Marie Goetz, “Addressing Sexual Violence in Internationally Mediated Peace Agreements,” International Peacekeeping 17, no. 2 (2010: 261-277). xxvi Red Nacional de Mujeres, Sisma Mujer, and Corporación Humanas xxvii Cinco Claves took its namesake from a document the organizations wrote together. It was a list of key demands on addressing sexual violence in all processes, including truth, justice, reparations, and guarantees of non-repetition. Humanos y Justicia de Género (Human Corporation, of the three armed groups: paramilitary, military, and Regional Center of Human Rights and Gender guerrilla. The guerrillas raped women, the army vio- Justice, hereafter Corporación Humanas), identified the lated women, and paramilitaries raped women.”152 legal argument as the most effective approach: One victim who testified in Havana remembered say- “The most successful thing has been to speak with ing, “If this process does not include sexual violence as a the legal advisers and send… information to the key issue, you’ll be in debt with women, a large debt.”153

two parties. Most of the proposals we have wanted 154 to make with the FARC have been sent to their These testimonies emotionally impacted negotiators. 148 They also made it plain thatboth sides bore responsibil- legal advisors in Havana.” ity for holding perpetrators accountable. The legal reasoning raised fears that the international community could intervene in Colombia – upend- Why does it matter? ing the entire peace deal – if sexual violence was As noted above, the Havana process is the first to not addressed in the accords. Two government offi- explicitly make the crime of sexual violence in con- cials interviewed noted that previous rulings of the flict non-amnestiable. This classification also yielded Inter-American Court of Human Rights and the other important elements in the accords. A separate International Criminal Court (ICC) against amnesty team of trained investigators must participate in any provisions in similar contexts were often referenced 149 examination of a sexual violence claim. The Victims during the negotiations. As one noted: Accord includes the provision of better psychosocial support for victims of conflict-related sexual “You have the Court overruling the amnesty law in 43 violence. Furthermore, the instructions for the truth Peru, the amnesty law in Salvador, the amnesty law commission include best practices for addressing in Chile, the amnesty law in Brazil, the amnesty concerns of sexual violence victims,155 such as a Justice Inclusive law in Uruguay… this is just not going to stick if gender working group.156 However, the non-am- we do not have a good amnesty law that makes nestiable classification does not guarantee success- sure that international crimes and human rights ful prosecution. Perpetrators are unlikely to confess, violations are out of the amnesty.”150 and fear abounds that victims will be held primarily responsible for moving cases forward. A civil soci- The FARC was equally invested. If a ruling had come ety member noted, “The whole process depends on down from a higher court that stalled the signed peace victims’ complaints... we also think it’s necessary to agreement, the FARC would have been caught in exis- reinforce the mechanisms to incentivize women to tential limbo, already committed politically to a peace- report these cases.”157 ful resolution and likely unable to remobilize forces expediently. The fracturing of the women’s movement around addressing sexual violence also jeopardizes its abil- Victims’ delegations to Havana also spotlighted the ity to coalesce during the implementation pro- issue. The legal argument against full amnesty refer- cess. Prosecution of these crimes will require active enced above did not immediately yield strong protocols CSO participation, but previous disagreements over for prosecuting sexual violence. As Beatriz Quintero whether to prioritize prosecution for sexual violence García of Red Nacional de Mujeres (National Network or the implementation of other issues (such as land of Women) stated, “We had to keep pushing, because restitution, displacement, or truth-telling) will likely it might just be added to comply with the international continue. The divergence of these groups may also 151 standards, but without it having an important role.” present a further challenge to Afro-Colombian and indigenous women, who were heavily targeted for It was also important to underline that all parties held sexual violence but also greatly impacted by forced equal responsibility in addressing crimes of sexual vio- displacement.158 CSOs are stronger together, and lence; the victims’ delegations’ presentations showed thus the women’s movement must be able to sustain culpability on all sides. As Adriana Benjumea Rúa, a unified front to realize the gains they pressed for in whose organization was invited to Havana to speak on the accords. sexual violence, explained, “We represent the victims CONCLUSION the gender policies codified at Bogotá headquarters. During the peace negotiations, the Gender Sub- As one of the world’s longest running conflicts comes Commission did not adequately address the con- to an end, the sustainability of the newfound peace cerns of certain groups of women, particularly those depends greatly on the rebuilding of trust and insti- from Afro-Colombian and indigenous communities. tutions that were eroded by the war. During his 2016 While the explicit classification of sexual violence as Nobel Peace Prize acceptance speech, President Juan a non-amnestiable crime is significant, this alone can- Manuel Santos said, “It is much harder to make peace 159 not guarantee successful prosecution and redress for than to wage war.” The failure of the October 2016 victims. Some critics charge that the focus on sexual national referendum shows just how difficult it is. violence diverts attention from other issues that affect Colombia’s peace process sought to include the per- women in conflict. Further implementation of the spectives of diverse stakeholders, yet the people ulti- gender responsive provisions of the agreement will mately rejected the resulting accord. Policymakers and also require both considerable financial resources and practitioners engaged in the Colombian case will have sustained political will. to grapple with this reality as they set parameters both for the implementation of the Victims Accord and for There is nonetheless cause for optimism that the the upcoming peace negotiations with the ELN. efforts made to create inclusive peacemaking structures will help enable Colombia’s successful transition. While Colombia’s current transition is both precari- Fifty years of conflict will generate a long transition ous and full of promise, it includes potentially signifi- period. As demonstrated in this chapter, gains for cant gains for women. Government agencies working women thus far are the result of initiatives started well 44 on transitional justice have integrated gender into before the peace talks in Havana, especially the efforts their institutional policies and – in adapting the work of women’s CSOs to document gendered violations, of women’s CSOs – have slowly started programs to provide services to victims, and conduct advocacy address women victims’ needs. The architecture of the campaigns. Their groundwork – and the commitment Havana talks included specific structures for analyz- of certain government officials – ultimately yielded an ing the role of gender in the conflict, leading to both expectation of women’s participation and a precedent a substantial number of women contributing to the for gender-responsive mechanisms that will be hard to negotiations and several gender responsive provisions reverse, a key lesson for designing and implementing in the agreement. Notably, the negotiating parties inclusive transitional justice regimes in other contexts. Georgetown Institute for Georgetown explicitly classified sexual violence as a non-amnes-

Women, Peace and Security Peace Women, Although transitional justice processes are associated tiable crime in the final accords, which marks a sig- with the post-conflict period, Colombia’s processes are nificant step forward for women as well as for transi- already far more inclusive – and thus far stronger – tional justice as a field. than is usual so few months after the official end of Still, the process has been far from perfect. Regional conflict. Colombia shows the potential for these pro- government offices are reluctant to operationalize cesses to set the country on a new path forward. 45 Inclusive Justice For states undergoing transition, the implications transition, states undergoing For ability to better of this inclusivity a state’s to relate polit- causes reach of violence and to the root address canical that viewed agreements be by as legitimate and Tunisia In both spectrum of actors. a broader and early active participation as women’s Colombia, recogni- its Through was critical. decision-makers state Tunisian the violations, of socio-economic tion - address over its mandate of responsibility strengthens ing the structural inequities that characterized both Colombia’s of architecture The regimes. preceding which through the conditions created process peace explicitlyaccord the final categorized sexual violence bolstering the credibility of the as non-amnestiable, internationally agreement peace and domestically; further failed referendum Colombia’s meanwhile, balance the proper the need to consider underscores of inclusion within political negotiations. and Tunisia justice, of transitional the field For and important provide Colombia findings for how, can societal transitional justice processes facilitate if, of definition By virtue of its broad transformation. case a ripe provides - envi Tunisian the victimhood, for studying the efficacyronment of a transitional mandate. designed with an expansive justice process of the architecture reveals how The Colombian case - can justice pro process shape the transitional a peace of inter- it also highlights the power cesses to follow; as leverage in influencing legal standards national agreements. negotiated is riddledAlthough each process chal- with complex strategies gains in and associated women’s lenges, these cases insights into the construction of provide inclusive that canmore justice processes transitional world. the and modified around tested, be applied,

The cases of Tunisia and Colombia offer that Tunisia and Colombia findings The cases of can of future implementation assist in the design and the world. around justice processes transitional reportThis associated major innovations documented - pro justice transitional Tunisia’s In case. each with the formal of socio-economic acknowledgement cess, rec- makes it the first to harms of redress as worthy - The com ognize this category of structural violence. mitment to make sexual violence a non-amnestiable as the first peace process crime the Colombian marks to explicitly in its negotiation such codify a provision accords. final inherently are justice processes transitional Of course, In cases no exception. and these two are political, a significant remains implementation both contexts, challenge. about both cases lessons reveal though, broadly, More to approach institutionalized a gendered women how These matters. their work justice and why transitional in women relevant main groups: for three findings are and the transi- transition, states undergoing general, justice field. tional participated women through and Colombian Tunisian and certain harms by experienced official channels, - the pro through formal recognition received women women’s In both cases, cesses aiming to serve them. both inclusion conferred leadership and legitimacy on expe- diverse helping write by women’s the process memorializ- and by riences record into the national these together, Taken ing the experiences of victims. – leadership cases clarify the importance of women’s spectrumthe expand to space harmsof which created and to establish the state in transition by addressed war crimes grave that to prosecute legal precedent uniquely and disproportionatelywomen. affect

IMPLICATIONS GLOBAL GLOBAL APPENDIX: METHODOLOGY

APPENDIX A.1 – SEARCH TERMS APPENDIX A.2 – SEARCH TERMS AND DATABASES AND SOURCING DATABASES FOR FOR LITERATURE REVIEW IDENTIFYING PARTICIPANTS The authors used the following databases to conduct a The research team developed a set of international and systematic literature review: local media sources for both Tunisia and Colombia, in which to conduct Boolean searches (see below), in order Google Scholar; JSTOR; MUSE; ProQuest to elicit the names of relevant players in the field. The Research Library; LexisNexis Academic; WorldCat; international list was compiled from multiple sources, International Center for Transitional Justice; Persée; with the top news sources detailed according to readership Isidore; Digitalia Hispanica; HAPI; WestLaw; and depth of coverage for international peace and justice LexisNexis Law studies. The list of local news sources was compiled from multiple lists of top news sources, delineated by reader- The authors used the following Boolean search terms to ship, in Tunisia and Colombia. Due to the limited level of identify literature to be analyzed as part of a systematic Arabic language skills in the research team, only Tunisian literature review: news sources in English and French were collected. “transitional justice” + women; “transitional justice” + gender; “transitional justice” + “civil society”; gender International news sources used during + conflict + justice; “transitional justice” + Colombia participant mapping: Z + women; “transitional justice” + Tunisia + women; AP ZZ “transitional justice” + “civil society” + Colombia; BBC “transitional justice” + “civil society” + Tunisia; “tran- ZZ 46 Al Jazeera sitional justice” + Colombia; “transitional justice” + ZZ Tunisia; “restorative justice” + women; “retributive Reuters ZZ justice” + women; “reparative justice” + women; rec- The Guardian onciliation + conflict + women; reparations + conflict ZZ The Telegraph + women; prosecution + conflict + women; tribunal ZZ Foreign Policy + conflict + women; memorialization + conflict + ZZ women; restitution + conflict + women The New York Times ZZ The Washington Post ZZ French Boolean search terms: The Los Angeles Times Georgetown Institute for Georgetown ZZ

Women, Peace and Security Peace Women, “la justice de transition” + “les femmes”; “la jus- Voice of America ZZ tice transitionnelle” + “les femmes”; “la justice de The Economist transition” + “le genre”; “la justice transitionnelle” ZZ + “le genre”; “la justice de transition” + “le sexe”; The Wall Street Journal “la justice transitionnelle” + “le sexe”; “la justice de transition” + “la société civile”; “la justice transition- Tunisian news sources used during participant mapping: ZZ nelle” + “la société civile”; “les femmes” + “le conflit” Tunisialive + “la justice”; “le genre” + “le conflit” + “la justice”; ZZ Tunisia Daily “le sexe” + “le conflit” + “la justice”; “la justice de tran- ZZ sition” + “la Tunisie” + “les femmes”; “la justice transi- L’Expert ZZ tionnelle” + “la Tunisie” + “les femmes” La Presse de Tunisie ZZ Le Quotidien ZZ Spanish Boolean search terms: Le Temps ZZ “la justicia transicional” + mujeres; “la justicia tran- Tunis Hebdo ZZ sicional” + “el género”; “la justicia transicional” + Tunivisions “la sociedad civil”; mujeres + “el conflicto” + “la justicia”; ZZ Réalités/Heqaieq “el género” + “el conflicto” + “la justicia”; “la justicia ZZ transicional” + Colombia + mujeres The Dawn ZZ Mosaïque FM Colombian news sources used during Tunisia + women + reconciliation; Tunisia + “civil participant mapping: society” + reconciliation; Tunisia + women + “truth ZZ commission”; Tunisia + “civil society” + “truth com- El Tiempo ZZ mission”; Tunisia + women + reparations; Tunisia + El Espectador “civil society” + reparations; Tunisia + women + trial; ZZ El Periódico Tunisia + “civil society” + trial; Tunisia + women + ZZ El País memorialization; Tunisia + “civil society” + memo- ZZ rialization; Tunisia + women + restitution; Tunisia + El Colombiano ZZ “civil society” + restitution; Tunisia + women + “rule of Semana law”; Tunisia + “civil society” + “rule of law”; Tunisia ZZ Cromos + women + accountability; Tunisia + “civil society” + ZZ The City Paper accountability; Tunisia + women + “human rights”; Tunisia + “civil society” + “human rights”; Tunisia + The research team also compiled a list of international women + “Truth and Dignity Commission”; Tunisia and national organizations with extensive knowledge of + “civil society” + “Truth and Dignity Commission”; the field. Where relevant, the written materials of these Tunisia + women + constitution; Tunisia + “civil soci- organizations were either included in the literature vetting ety” + constitution process due to the organization’s established expertise on the subject matter, or included in the participant mapping Boolean search terms used for Colombia process because their publications appeared during the lit- participant mapping: erature vetting process. Colombia + women + justice; Colombia + “civil society” + justice; Colombia + women + “transi- 47 Organizations used during participant mapping: tional justice”; Colombia + “civil society” + “transi- ZZ International Center for Transitional Justice (ICTJ) tional justice”; Colombia + women + reconciliation; ZZ Justice Inclusive United States Institute of Peace (USIP) Colombia + “civil society” + reconciliation; Colombia ZZ + women + “truth commission”; Colombia + “civil United Nations News Centre (UN News Centre) ZZ society” + “truth commission”; Colombia + women Human Rights Watch (HRW) ZZ + reparations; Colombia + “civil society” + repara- Amnesty International tions; Colombia + women + trial; Colombia + “civil ZZ African Centre for the Constructive Resolution of society” + trial; Colombia + women + memorializa- Disputes (ACCORD) tion; Colombia + “civil society” + memorialization; ZZ Essex Transitional Justice Network Colombia + women + restitution; Colombia + “civil ZZ American Society for International Law society” + restitution; Colombia + women + “rule ZZ of law”; Colombia + “civil society” + “rule of law”; Centre for the Study of Violence and Reconciliation Colombia + women + accountability; Colombia + “civil society” + accountability; Colombia + women The research team developed a set of Boolean terms to + “human rights”; Colombia + “civil society” + search the above media sources and extract content that “human rights”; Colombia + women + “Justice and included the names of civil society organizations, wom- Peace Law”; Colombia + “civil society” + “Justice and en’s organizations, women leaders, women activists, gov- Peace Law”; Colombia + women + “Victims and ernment officials, and civil society leaders relevant to each Land Restitution Law”; Colombia + “civil society” case study. The following Boolean searches differ from the + “Victims and Land Restitution Law”; Colombia + search terms used in the literature vetting process, since women + constitution; Colombia + “civil society” + they are based on prevalent themes and terms that the constitution research team found within the literature. Additionally, these search terms provide an appropriate filter for search- The research team mapped all relevant actors found from ing the terminology of news and media sources. These these searches, engaged in a round of vetting to determine search terms also include terms specific to the Colombia the individuals most relevant to the subject of this report, and Tunisia cases. then contacted those individuals to schedule in-person, phone, or Skype interviews. Boolean search terms used for Tunisia participant mapping: Where the mapping showed gaps, the research team consulted with subject matter experts to identify individuals Tunisia + women + justice; Tunisia + “civil soci- and groups to include in the study. The names of individuals ety” + justice; Tunisia + women + “transitional jus- and groups gathered through events and expert discussions tice”; Tunisia + “civil society” + “transitional justice”; on the peace process were also included in the mapping. APPENDIX A.3 – LIST OF 18. Mounia Bouali – Member, Tounissiet INTERVIEWEES xxviii 19. Najoua Bettaieb – Former President, Tounissiet 20. Noura Borsali – Former Commissioner, Truth

Tunisia and Dignity Commission (Instance vérité et dignité, or 1. Ahlem Belhadj – Former President, Association IVD) tunisienne des femmes démocrates (Tunisian Association 21. Ouided Bouchamaoui – Nobel Peace Prize of Democratic Women, or ATFD) Winner, 2015; Leader, National Dialogue Quartet 2. Ahlem Nsiri – President, Centre tunisien médi- (Quartet du dialogue national) terranéen (Tunisian Mediterranean Center, or 22. Oula Ben Nejma – Chair, Inquest and TU-MED) Investigation Commission, Truth and Dignity 3. Amine Ghali – Director, Al Kawakibi Democracy Commission (Instance vérité et dignité, or IVD) Transition Center (KADEM) 23. Salwa El Gantri – Head of Office, Tunisia, 4. Amna Guellali – Senior Tunisia Researcher, International Center for Transitional Justice (ICTJ) Human Rights Watch 24. Samia Letaief – Treasurer, Association des femmes 5. Amor Safraoui – President, Coordination nationale tunisiennes pour la recherche sur le développement indépendante pour la justice transitionnelle (Independent (Association of Tunisian Women for Research on National Coordination for Transitional Justice) Development, or AFTURD) 6. Camille Henry – Program Coordinator, 25. Samir Dilou – Former Minister, Ministry of Human Rights and Transitional Justice (Ministère des 48 Organisation mondiale contre la torture (World Organization Against Torture, or OMCT) Droits de l’Homme et de la Justice transitionnelle) 7. Ferida Labidi – Member of Parliament, Ennahda 26. Samira Merai – Minister, Ministry for Women, Party Families, and Children (Ministère de la Femme, de la Famille et de l'Enfance) 8. Hayet Ouertani – Chair, Reparations and Rehabilitation Commission, Truth and Dignity 27. Taoufik Bouderbala – President, Higher Commission (Instance vérité et dignité, or IVD) Committee for Human Rights and Fundamental Freedoms (Comité supérieur des droits de l'homme et des 9. Habib Nassar – Director for Policy and Research, libertés fondamentales) Impunity Watch Georgetown Institute for Georgetown 28. Wahid Ferchichi – Law Professor, University of Women, Peace and Security Peace Women, 10. Hejer Bettaieb – Member, Nisa' Tounsiat Tunis 11. Hend Bouziri – President, Tounissiet 12. Ibtihel Abdellatif – Chair, Women’s Commission, Colombia Truth and Dignity Commission (Instance vérité et 1. Adriana Maria Benjumea Rúa – Director, dignité, or IVD) Corporación Humanas, Centro Regional de Derechos 13. Khadija Arfaoui – Activist Humanos y Justicia de Género (Human Corporation, 14. Lilia Labidi – Former Minister, Ministry of Regional Center of Human Rights and Gender Women’s Affairs Justice) 15. Lamia Farhani – President, Association des familles 2. Alejo Vargas – Director, Centro de Pensamiento y des martyrs et blessés (Association of Families of Seguimiento al Diálogo de Paz (Thought Center for Martyrs and the Wounded) Following the Peace Dialogue) 16. Majdouline Cherni – President, General Authority 3. Ana Teresa Bernal Montañes – Commissioner, for Martyrs and Wounded of the Revolution (Instance National Commission for Reparations and générale des martyrs et blessés de la révolution) Reconciliation (Comisión Nacional de Reparación y 17. Mohamed Kamel Gharbi – President, Réseau Reconciliación, or CNRR) tunisien de justice transitionelle (Tunisian Transitional 4. Angélica Ortiz Justice Network, or RTJT) 5. Beatriz Quintero García – Technical Secretary, Red

xxviii Each interviewee’s listed position/organization reflects their position/organization at the time of interview. Nacional de Mujeres (National Network of Women) la Atención y Reparación Integral a las Víctimas, or 6. Carlos Fidel Villamil Ruiz – National Director of Victims Unit) Transitional Justice, Office of the Attorney General 22. María Paulina Riveros Dueñas – Co-Chair, (Fiscalía General de la Nación) Gender Sub-Commission (La Subcomisión de Género); 7. Catalina Díaz Gómez – Director of Transitional Plenipotentiary, government delegation to the peace Justice, Ministry of Justice (Ministerio de Justicia y del process; Director of Human Rights, Ministry of the Derecho) Interior (Ministerio del Interior) 8. Claudia Erazo – General Director, Corporación 23. Marina Gallego – National Coordinator, La Ruta Jurídica Yira Castro (Yira Castro Legal Corporation) Pacífica de las Mujeres (Peaceful Route of Women, or Ruta Pacífica) 9. Diana Marcela Gómez Correal – Member, Hijos e Hijas por la Memoria y contra la Impunidad (Sons and 24. Norma Inés Bernal Vélez – Member, Grupo Daughters for Memory and Against Impunity) Ecuménico de Mujeres Constructoras de Paz (Ecumenical Group of Women Peacemakers, or GEMPAZ) 10. Hilde Salvesen – 1325 Focal Point, Ministry of Foreign Affairs, Government of Norway 25. Paula Gaviria – Presidential Advisor for Human Rights, Unit for Comprehensive Care and Reparations 11. Inilse Mercado – Technical Secretary, Mesa del for Victims (Unidad para la Atención y Reparación Movimiento Social (Table of Social Movements) Integral a las Víctimas, or Victims Unit) 12. Iris Marín Ortiz – Sub-Director, Unit for 26. Pilar Rueda Comprehensive Care and Reparations for Victims (Unidad para la Atención y Reparación Integral a las 27. Rubiela Valderrama – Member, Corporación Red 49 Víctimas, or Victims Unit) de Empoderamiento de Mujeres de Cartagena de Indias y Bolívar (Women’s Empowerment Network of 13. Jomary Ortegón – President, Corporación Colectivo Cartagena and Bolívar) Justice Inclusive de Abogados José Alvear ( José Alvear Restrepo Lawyers’ Collective) 28. Teresa Cassiani – Member, Proceso de Comunidades Negras (Group of Black Communities, or PCN) 14. Joshua Mitrotti Ventura – General Director, Colombian Agency for Reintegration (Agencia 29. Yanette Bautista – Fundación Nydia Érika Bautista Colombiana para la Reintegración) (Nydia Érika Bautista Foundation) 15. Juanita Candamil – Gender Coordinator, Office 30. Marino – La Asociación Nacional de Afrocolombianos of Transitional Justice, Ministry of Justice (Ministerio Desplazados (National Association of Displaced Afro- de Justicia y del Derecho) Colombians, or AFRODES) 16. Julia Eva Cogollo Carbarcas – Member, 31. Interview with ONU Mujeres Colombia (UN Movimiento por la Paz (Movement for Peace, or Women Colombia), June 23, 2016 MPDL); Member, Proceso de Comunidades Negras 32. Interview with Alicia, June 20, 2016 (Group of Black Communities, or PCN) 33. Interview with Government Official, June 16, 17. Katherine Ronderos – Political Committee 2016a Representative, Liga Internacional de Mujeres por la 34. Interview with Government Official, June 16, Paz y la Libertad (Women’s International League for 2016b Peace and Freedom, or LIMPAL) 35. Interview with Government Official, June 16, 18. Linda Cabrera – Sub-Director, Sisma Mujer 2016c (Sisma Woman) 36. Interview with Government Official, June 16, 19. Marcela Sánchez – Executive Director, Colombia 2016d Diversa (Diverse Colombia) 20. María Eugenia Cruz – Founder, Corporación Mujer, Sigue Mis Pasos (Woman, Follow My Steps) 21. María Eugenia Morales Castro – National Director of Reparations, Unit for Comprehensive Care and Reparations for Victims (Unidad para APPENDIX A.4 – will be asked questions about your own role (as well as INTERVIEW PROTOCOL the role of your organization) in the transitional justice processes in Tunisia or Colombia. Your answers should focus solely on your role and your organiza- Inclusive Justice: How Women Shape Transitional tion’s role in the transitional justice process and/or the Justice in Tunisia and Colombia – Interview establishing of transitional justice mechanisms. Protocol Script The interview will be audio recorded and transcribed Georgetown University for the purposes of accuracy. After the research process is complete, the recordings will be destroyed. Informed Consent to Participate in Research Study Your participation in this study is completely voluntary and you may stop participating at any time. However, if you decide to stop participating in the Introduction – background and purpose study, we encourage you to talk to the researcher first. Hello! My name is [name]. I am visiting Tunisia/ Colombia as a researcher on a project entitled Inclusive Risks and benefits Justice: How Women Shape Transitional Justice in There are no risks or direct benefits to participating Tunisia and Colombia, conducted by the Georgetown in this study. Institute for Women, Peace and Security (GIWPS). The Institute is based at Georgetown University in Anonymity 50 Washington, DC. We would like to include your name or other identi- The goal of our research study is to document how fiable information in the publication that results from women are accessing and participating in transitional this research project. Where appropriate, we would justice processes occurring in two countries – Tunisia like to use your name with regard to the information and Colombia. The study will include women who you provide in this interview/focus group. However, are shaping the design and implementation of tran- you have the option to not have your name used for sitional justice mechanisms in Tunisia and Colombia. any information you provide today when the data from this study is published; if this is the case, please

Georgetown Institute for Georgetown You are here today because you have been invited to indicate so on the last page of this form. Women, Peace and Security Peace Women, participate in this research study. Confidentiality This study is being sponsored by the Norwegian Ministry of Foreign Affairs, and the results of the Every effort will be made to keep any informa- research will be available to the public in April 2017. tion collected about you confidential. However, it is impossible to guarantee absolute confidentiality. Study plan In order to keep information about you safe, study You are being asked to take part in this study because data will be kept in a password-protected file on you were/are a key participant in the transitional jus- the researchers’ personal computer, which only the tice process and/or represented the voice of women researchers can access. Audio recordings, digital and in mobilizing, designing, and participating in transi- paper copies of interview transcripts and notes will be tional justice processes. Approximately 60-70 indi- kept during the research study period. We will code viduals will take part in this study through interviews all of this information using a participant identifica- and focus groups conducted in Tunisia and Colombia. tion number to further protect your identity and keep the contributions you make today confidential. If you decide to participate in this study, you will take part in one individual interview or focus group Following the conclusion of the research study, audio discussion. This interview/focus group should last recordings, digital transcripts, and paper notes of the around 45-60 minutes. During the conversation, you interview will be destroyed. Your rights as a research participant Statement of person obtaining informed consent Participation in this study is strictly voluntary at all I have fully explained this study to the participant. times. You can choose not to participate at all or to I have discussed the study’s purpose and procedures, leave the study at any point. If you decide not to par- the possible risks and benefits, and the fact that participate or to leave the study, there will be no effect ticipation is completely voluntary. on your relationship with the researchers or any other negative consequences. I have invited the participant to ask questions and I have given complete answers to all of the participant’s If you decide that you no longer wish to take part questions. in the interview, you are encouraged to inform the researcher of your decision. The information already obtained through your participation will be included in the data analysis and final report for this study. Signature of Person Obtaining Informed Consent Questions or concerns?

If you have questions about the study, you may contact: Date Georgetown Institute for Women, Peace and Security

Phone: +1-202-525-1965 51 Email: [email protected] Justice Inclusive Consent of participant Please indicate whether you agree to be audio recorded as a part of this study. I volunteer to participate in a research project entitled Inclusive Justice: How Women Shape Transitional YES (If you change your mind about this Justice in Tunisia and Colombia conducted by the at any point, please let the researcher know) Georgetown Institute for Women, Peace and Security (GIWPS). I understand that the project is designed NO to gather information about how women are shaping transitional justice processes in the ongoing contexts of Tunisia and Colombia.

I understand all of the information in this Informed Participant Signature Consent Form.

I have gotten complete answers for all of my questions. Date I freely and voluntarily agree to participate in this study, and I understand that I may withdraw and dis- continue participation at any time without penalty. Printed Name of Participant

I understand that, if I feel uncomfortable at any time, Once you sign this form, you will receive a copy of it to I have the right to decline to answer any question or keep, and the researcher will keep another copy in your 52 to end the interview. research record.

I understand that my participation in this study will Please indicate whether you agree to have your full be kept confidential unless explicit written or oral name as well as your organization’s name used along- consent is obtained from the study team. I under- side your comments in the final publication that stand that the researcher will not identify me by name results from this research. in any reports using information obtained from this interview without my explicit written or oral permis- YES (If you change your mind about this sion. If I decline to participate or withdraw from the at any point, please let the researcher know)

Georgetown Institute for Georgetown study, I understand that my information and involve-

Women, Peace and Security Peace Women, ment will remain confidential. NO

I understand that I will be audio recorded and that ALTERATION: the recording will be subsequently transcribed by the Name or pseudonym to be used: research team as a part of this study.

I understand that this research study has been reviewed and approved by the Institutional Review Board (IRB) at Georgetown University for Studies (e.g. first name only, initials only, random pseudonym, Involving Human Subjects. only work position/title, only institutional affiliation, etc.)

I have read and understand the explanation provided to me and I have been given a copy of this consent For further information, please contact form. I have had all my questions answered to my sat- the Georgetown Institute for Women, isfaction, and I voluntarily agree to participate in this Peace and Security (+1-202-525-1965 study, free of coercion. or [email protected]) APPENDIX A.5 – 4. To what extent have the transitional justice mecha- INTERVIEW QUESTIONNAIRE nisms addressed the needs and experiences of women? Questions for Civil Society Members: a. Explain in more detail. 1. Tell me a little bit about yourself. Where are you b. To what extent do these mechanisms neglect from? How did you become engaged in transitional the needs of any specific group of women? justice work? c. Explain in more detail.

a. Why did you join/establish [name of 5. What would a meaningful outcome of the transi- organization]? tional justice process look like to you? b. What components of the transitional justice process are you focused on? Questions for Members of Government: c. Which communities do you primarily work 1. Tell me a little bit about yourself. Where are you with? from? How did you become engaged in transitional justice work? 2. What strategies are you using to influence the design of transitional justice mechanisms? a. Who do you represent? b. What does your role encompass? a. Have any strategies changed over time? In what ways? c. What components of the transitional justice process are you focused on? b. To what extent have these strategies been 53 effective? How so? 2. To what extent have you interacted with women in c. What strategies have not been effective? How civil society as part of the design of transitional justice Justice Inclusive so? mechanisms? d. What has been your biggest obstacle? a. With whom have you interacted? e. What difference do you think you have made during the course of the design of transitional b. Have your interactions changed over time? justice processes? How? c. Were there any bilateral meetings between 3. What strategies are you using to influence the representatives of the government and women in implementation of transitional justice mechanisms? civil society? Tell us more. d. Did you ever personally meet with women in a. Have any strategies changed over time? civil society? In what ways? e. To what extent do you think women in civil b. To what extent have these strategies been society have been taken seriously throughout effective? How so? the design and implementation of transitional c. What strategies have not been effective? justice processes? Can you provide some specific How so? examples? d. What has been your biggest obstacle? f. Are there any examples of specific language or e. What difference do you think you have made issues that were included in the transitional jus- during the course of the implementation of tran- tice mechanisms that resulted from the advocacy sitional justice processes? of women in civil society? g. Are there any examples of women in civil society seeking to shape/influence the design of transitional justice mechanisms but who have been unable to do so? Tell us more. (What issues? Which organizations?) 3. To what extent have you interacted with women in APPENDIX A.6 – CODING AND civil society as part of the implementation of transi- THEMATIC ANALYSIS tional justice mechanisms? The study was guided by the research question: How a. With whom have you interacted? are women shaping transitional justice in Tunisia b. Have your interactions changed over time? and Colombia? The authors used a subset of research How? questions to frame the contours of the study. c. Were there any bilateral meetings between They are as follows: representatives of the government and women in civil society? Tell us more. 1) How are women accessing the design processes of transitional justice mechanisms? d. Did you ever personally meet with women in civil society? 2) How are women accessing the implementation e. To what extent have women participated in processes of transitional justice mechanisms? implementing the transitional justice mechanisms? Tell us more. 3) How are women participating in the design of transitional justice mechanisms? f. Are there any examples of women in civil society seeking to participate in transitional 4) How are women participating in the implementa- justice mechanisms but who have been unable tion of transitional justice mechanisms? to do so? Tell us more. (What issues? Which 54 organizations?) 5) How are women’s priorities reflected in transitional justice mechanisms? 4. To what extent will the transitional justice process These five questions guided the data collection and address the needs and experiences of women? analysis processes. To collect the data, the authors 5. What would a meaningful outcome of the transi- used these questions to create the interview question- tional justice process look like to you? naire and to conduct the semi-structured interviews. In making sense of the data, the authors used these questions to distill codes grounded in the data collected and to arrive at themes that emerged from the Georgetown Institute for Georgetown data. This process allowed the research team to answer Women, Peace and Security Peace Women, their overarching research question: How are women shaping transitional justice in Tunisia and Colombia? BIBLIOGRAPHY

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Sciences, ed. E. Oaks: Larry Publications,Sage (Thousand Sullivan lications, 2009). havioral Sciences , ed. E. Oaks:Pub- Larry Sage (Thousand Sullivan 157-169. MassAtrocity,” for ity Peace of Research Journal 48, no. 2(2011): Post-Conflict Justice: Individual,Societal Responsibil - State and Rights Council, UnitedNations, 2015), 10-14. reparations andguarantees non-recurrence, Pablo of (Human deGreiff nois Press, 2015), 16. Peru: Decolonizing Transitional Justice(Urbana:- ofIlli University ofNotreUniversity DamePress, 1997). inNewDemocracies, Law of ed. A. JamesMcAdams (Notre Dame: of Defense Transitional Justice,” inTransitional JusticeandtheRule 31(2009):Human RightsQuarterly 321-367; JuanE. Méndez, “In Human Rights: of AConceptual History Transitional Justice,” York: Routledge, 2013), 3. al Justice?” International Centerfor Transitional Justice(2009), 1. “Reparations,”in Justice,”“Restorative in Justice,”“Retributive in Among others, JelenaSubotic, of theScope “Expanding Pascha Bueno-Hansen, Feminist in andHuman RightsStruggles Among others, seePaige Arthur, “How ‘Transitions’ Reshaped O’Rourke, Catherine Politics Gender in Transitional Justice(New InternationalCenterfor Transitional Justice, is Transition “What - Report of theSpecial Report of Rapporteur, 8-9. Among others, DavidBacker, and “Civil Society Transitional Among others, DanielAguirre andIrene Pietropaoli, “Gender Among others, Mayesha Alam, Women and Transitional Justice: Report of the Special Rapporteur on the promotion of truth, justice, theSpecial of Report of Rapporteur onthepromotion Guidance NoteGuidance theSecretary-General: of United Nations to Approach The International Journal ofThe InternationalJournal Transitional Justice2, no. 3(2008): 9, no. 4(2007): 62-72; Niamh Reilly, GenderJus- “Seeking New York &Politics International Law of University Journal The SAGE Glossary of theSocial of andBehavioral The SAGE Glossary The SAGE Glossary of theSocial of andBe- The SAGE Glossary theSocial of andBe- The SAGE Glossary Journal of Peacebuilding of & Journal Journal of Human of Journal

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Colonialism,”of Internal Intercultural of 26, Journal Studies no. 3 no. 1(2009): 1-26; DamienShort, “Reconciliation andtheProblem the Culture ofRedress inCanada,” 35, inCanada EnglishStudies nial Reckoning, National Reconciliation? Peoples Aboriginal and (2013): 52-73; Henderson Jennifer and Pauline Wakeham, “Colo- Commission,” Transitional JusticeandtheCanadian Truth andReconciliation Routledge, Nagy, 2013); Rosemary Scope andBoundsof “The of Experience Women asParticipants , ed. 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Bueno-Hansen, See Feminist 17 Simic and Zala andZala VolcicSimic (New York: Springer, 2013). in (2007): 155-172; JamieRowen, “Truth ofJustice,” intheShadow Rights Approach,” inContext Law 3, of InternationalJournal no. 2 tice inPost-Conflict Transitions: Toward a Human Transformative Among others, Uprimny, Rodrigo “Transitional Justice Without Among others, Aguirre andPietropaoli, “Gender Equality, De- Evelyn Schmid andAoife Nolan, Schmid Evelyn “‘Do No Harm’? the Exploring Hovil, Lucy Gender, Transitional Justice, andDisplacement: Chal- Transitional justicehasalsobeenusedby statesto democratic Transitional JusticeandCivil Society intheBalkans, ed. 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Prospects , Architects, Contexts, and Cath- Aoláin Ní Fionnuala 2013); burgh University Press, & Transition,” Truth “Gender, erine Turner, Journal for Reparations Conflict-Related Sexual Violence”; “Transforming and “Underenforcement and Eilish Rooney, Aoláin Ní Fionnuala In- Women,” for Transition Aspects of Intersectionality: Gendered 338-354; 3 (2007): no. Justice 1, Transitional ternational Journal of “Victims, and Juan Ugarriza, Rettberg, Angelika Enzo Nussio, Findings Transitional Justice: on Their Opinions and Nonvictims - Transition International Journal of from Case,” the Colombian “Gender-Inclusivity in Porter, 336-354; 2 (2015): no. al Justice 9, “Engendering Carley Justice Strategies”; Jayne Robb, Transitional - Process in Reconciliation Participation Women’s Truth: and Peace Valji, 2009); University of Guelph, Thesis, (Master’s es in Africa,” Justice and Reconciliation.” “Gender, 28 In- Victim-Witness,” and the Memory, Collective tory-Telling, 37-49; 1 (2013): no. ternational Journal of Conflict and 7, Violence and Commission and Reconciliation “Truth Alessandra Dal Secco, (New Pankhurst Donna ed. , in GenderedPeace Gender Justice,” Peruvian“The Julissa Mantilla Falcon, 2008); Routledge, York: in Justice,” Transitional and Gender Case: Yarwood Lisa Participants, ed. Women as The Experience of Justice: Sub“Gendered - Katherine Franke, 2013); Routledge, York: (New Journal Columbia of Gender and the Justice,” Transitional jects of Flawed- Accountabili Guellali, Amna 813-828; Law 15 (2006): for DuringTrials Killings the Uprising Tunisia’s of Shortcomings ty: the “After Lia Kent, 2015); Watch, Human Rights York: (New Timor-Leste,” Citizenshipand Gender in Commission: Truth and “Gender King, 51-70; 1 (2016): no. Rights ReviewHuman 17, with “Truth Theidon, Lisa Laplante and KimberlyReparations”; - Commis in Post-Truth Justice and Reparations Consequences: 228-250; 2007): 1 (Feb no. Rights Quarterly Human 29, Peru,” sion Mavis Matenge, Presence!”; Their “Asserting Mageza-Barthel, of Including of Ref- Human Rights Narratives “ExploringWays Through Processes Justice and Peacebuilding Transitional in ugees (PhD diss., Storytelling: from Narratives Dukwi Camp,” Refugee Dyan 2013); Mazurana and Canada, University of Manitoba, “Reparations as a Means for Recognizing Khristopher Carlson, Violations Crimes Rights and Grave against Girlsand Addressing Duringand Boys Au- Situations and Under Armed of Conflict in thoritarian and DictatorialRegimes,” ViolaWhile Rights - Redressing Human Unsettling Sexual Hierarchies Cambridge University (Cambridge: Ruth Rubio-Marín, ed. tions, For- “The to Come Courage Morris, Meghan Brenna 2009); Press, Cases of Sexual Taking Women Related to Rwandan Factors ward: (PhD Courts,” Violence fromTransitional the 1994 Genocide to Nesiah, Vasuki 2014); Berkeley, University of California, diss., - Intro An Justice: Transitional Gender and “Discussion Lines on on Workshop ductory on the ICTJ Reflecting on Bellagio Essay Journal Columbia Justice,” of Gender and Transitional Gender and Law African The LiberianViews Experience: Journal Field,” on the from Acknowledged “An Ross, 91-99; 2 (2009): no. 9, Resolution Conflict What Rights Rights Vio-

Women and Transitional Jus- Transitional and Women 2012), 4. 2012), (UN Women, 8, no. 3 (2014): 339-361. 3 (2014): no. 8, A Window of Opportunity: Making Transitional Transitional WindowA of Making Opportunity: 36 (2011): 461-495; 461-495; Journal of International Law 36 (2011): Yale 44 (2011): 75-113; 75-113; Cornell Law International Journal 44 (2011): ed. Ruth Rubio-Marín (New York: Social Science Re- Ruth Rubio-MarínYork: (New ed. ed. Ruth Rubio-Marín (New York: Social Science Research Ruth Rubio-MarínYork: (New ed. 44, no. 1 (2010): 101-123; Catali- 101-123; 1 (2010): no. New England Law Review 44, A Land Title is Not Enough: Ensuring Sustainable Land Restitu- Ensuring Sustainable Enough: Title is Not A Land Nahla Valji, Valji, Nahla Ibid., 46. Ibid., and Development “Gender Equality, and Pietropaoli, Aguirre Cahn, Naomi and Haynes, Francesca Dina Aoláin, Ní Fionnuala a Post-Conflict in “DealingPast the with CatherineO’Rourke, Lambourne and Carreon, “Engendering Transitional Justice,” 85. Justice,” Transitional “Engendering Lambourne and Carreon, Naomi Cahn, Dina Haynes, and Fionnuala Ní Aoláin, “Return- Aoláin, Ní and Fionnuala Dina Haynes, Cahn, Naomi - Transfor to Transitional “From and Simon Robins, Gready Paul 26 27 Alam, 356-377; Justice,” Transitional Jessica Anderson, 2014); (Amnesty International, tion in Colombia, Ownership:and Confronting Masculini- Local Justice, “Gender, no. 41, Research Peace in Northern Uganda,” ties and Femininities Ní and Fionnuala Dina Haynes, Cahn, Naomi 59-83; 2 (2009): in Conflicted Soci- Transition and Masculinities “Gender, Aoláin, eties,” the Advancing “Reparations in Colombia: Marín, na Díaz and Iris The and Transitional Justice: in Women Rights Agenda,” Women’s (Abingdon: Yarwood Lisa ed. as Participants, ExperienceWomen of “Evaluating- the Gender Con Beth Goldblatt, 2013); Routledge, - South in What Hap Africa,” Lessons From tent of Reparations: for Human Gender and Reparations Women? the to pened 23 24 and the Post-Conflict (Oxford: Process War, Gender, On the Frontlines: Aoláin, and Ní Haynes, Cahn, 2011); Oxford University Press, 340. “Returning Home,” 25 Matter? Insights from Women Society: of Does the Participation and the Law William & Mary JournalWomen of Northern Ireland,” 42-43. 19 (2012): tice; 22 lations, “Gender, Hamber and Ingrid Brandon Palmary, 2006); Council, in The Gender of Memorialization and Symbolic Reparations,” While Redressing Human Unsettling Sexual Hierarchies Reparations: Cambridge Ruth Rubio-Marín (Cambridge: ed. Rights Violations, 21 of University Bal- Societies,” in Post-Conflict Women ing Home: Irvine C. and Patrice Jill A. 340; timore Law Review 39 (2010): Courts International Organizing: to Grassroots “From McMahon, in Transitional in the Balkans,” Justice Transitional Obstacles to Olivera Simic and Zala eds. in the Balkans, Society Justice and Civil Addressing Gender in 218-219; 2013), Springer, York: (New Volcic In- Democratic Progress (London: Justice Mechanisms Transitional and Repara“Gender - Jamesina King, 63-65; 26-28, 2015), stitute, in Open,” Remain War of Wounds The in Sierra tions Leone: 20 International Journal for Practice,” A New Agenda Justice: mative of Transitional Justice for Human Gender and Reparations Women? the to Happened in Post-Conflict Transitions: Toward a Transformative Human Toward a Transitions: in Post-Conflict Gender and SusanHarris Rimmer, 167-169; Approach,” Rights Routledge, Timor (New York: Women of East The Justice: Transitional Gen- War: “The Battle After the Sharanya Sai Mohan, 3; 2010), Property der Discriminationand Post-Conflict Rights in Property Restitution,” - Tran in the “Gender Under-Enforcement Aoláin, Ní Fionnuala Susanne eds. , Justice Transitional in Gender in Justice,” sitional Macmillan, Palgrave Buckley-Zistel and Ruth StanleyYork: (New “Reparations, Bernstein Seibel, Dieter Hans and Anita 64; 2012), with Strategies for Imple- A and Gender: Plan, Microfinance, mentation,” “There- Problematis is a Crack in Everything: Hamber, Brandon Human Justice,” Transitional and Peacebuilding ing Masculinities, 9-34. 1 (2016): no. Rights Review 17, Violations, “Mascu- Brandon Hamber, 259; 252-256, 2006), Council, search International Exploratory An Justice: Essay,” Transitional linity and 375-390. 3 (2007): no. Justice 1, Transitional Journal of Justice Work for Women for Women Justice Work 70 Georgetown Institute for Women, Peace and Security nal of nal of Transitional Justice4, no. 2(2010): 189-206. Justice intheColombian (Post?) Conflict,” TheInternationalJour- ferred: The Victimhood,Politics of Land Restitution andGender Zambrano, andMargarita Donny Meertens De- “Citizenship in Colombia”; and Koppell Talbot, Colombia”;“Strengthening 186-199; Marks, “Women’s Rights”; Diaz and Marin, “Reparations 19, Studies in Revolution,” no. 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(New York: Rubio-Marín Ruth Science Social HappenedWhat to the Women? andReparations Gender Human for toFemaleReparations in ReachingOut Timor-Leste: Victims,” in bell-Nelson, Pereira, andManuelaLeong toEngender “Learning Context 3, no. 2(2007): 173-187; Galuh Wandita, KarenCamp- in ,” Law of of Absence and Silence International Journal Questions (2016): 35-50; Eilish Rooney, “Engendering Transitional Justice: in Silences Transitional Justice,” 17, Human RightsReview no. 1 Reparations”; ElisabethPorter, “Gendered Narratives: and Stories Memorialization, Reparations”; andSymbolic King, “Gender and 93,Law no. 1(1999): 97-123; HamberandPalmary, “Gender, dan Tribunals: Current Status,” International of Journal American olence inDecisions andIndictmentsofthe Yugoslav andRwan- 30 the Stockwell,Transitional Reframing JusticeParadigm. of ternational Journal Transitional Justice1, no. 3(2007): 318-337; and PabloRubio-Marín de Greiff,“Women and Reparations,” of Women Journal and Mary 19(2012): and theLaw 69-104; Ruth andReproductivelated Sexual Violence: ADecalogue,” William Council, 2006); Rubio-Marín, Ruth Conflict-Re for - “Reparations lations, ed. (New Rubio-Marín York: Ruth Research Science Social pened to the Women? andReparations Gender Human- for Rights Vio Reparations inRwanda: Path ALong to Travel,” Hap inWhat - 36(2011):tional Law 461-495; HeidyRombouts, “Women and Mohan,Sai the BattleAfter “The War,” Yale Interna- of Journal on Studies Transitional Justice and Displacement, 2012); Sharanya (International Centerfor Transitional JusticeandBrookings Case Violence and Historical Injustice, of Effects Disproportional Between ny Meertens, Forced Justice in Colombia: Displacement and Gender (2015): 5-38; Mageza-Barthel, “Asserting Their Presence!”; Don- Displaced Women inColombia,” 49, &Society Review Law no. 1 and Dangerous Political among Mobilization Opportunities: Legal Sandvik, Bergtora Kristin Frames, “Shifting Vanishing Resources, 28(2006): International Law nal of 49-108; and JulietaLemaitre ofConflict:Times Colombia’s deJusticiayPaz Ley ,” andKimberly ing”; LisaLaplante Theidon,“Transitional Justicein McMahon, “From- toGrassroots Organiz International Courts (Washington: States, ofAmerican Organization 2006); and Irvine Against Discrimination Women ConflictinColombia intheArmed Commission onInter-American HumanRights, and Violence tion in Colombia,” diss., (PhD University, State Arizona 2011); onciliation andJustice: for JusticeandReconcilia - Struggles The 13, no. 1(2015): 51-76; Gomez Sanchez, Gabriel Rec- “Between Binary,” theSecular/Islamist toOvercome Opportunity Hawwa UN Women, 2015); JanFeldman, ofFeminism:“Models Tunisia’s on Womenance (International Centerfor Transitional Justiceand and Invisible: Disappear Enforced - Impact of Revealing theEnduring sitional Justice; Polly Kapur, andAmrita Dewhirst TheDisappeared 41(2012):gration Review 33; DiazandMarin, Womenand Tran- of Women ofHumanRightsinColombia,” Defenders Forced Mi- 29 Springer,Switzerland: 2014). Women’s in Memories Post-Dictatorial Affective Argentina (Cham, Failure”; the Stockwell, Jill Transitional Reframing Justice Paradigm: Juanita Candamil and Claudia María Mejía Duque, Juanita Candamil and Claudia María Role “The Alam, Women and Transitional Justice; Askin, Kelly - “Sexual Vi Michigan Jour- In- Lambourne andCarreon,Lambourne “Engendering Transitional Justice.” eds. andZala Volcic Simic Olivera (New York: Springer, 2013); zegovina,” inTransitional Justice and Civil Society in the Balkans, and Hopesfor Agency litical Transitional JusticeinBosnia-Her- Michaelina Jakala,‘Transitional “The Citizen’:Society, Civil Po- Affairs,Lund University, 2013); BrionyJones, AlexJeffrey, and al Justice,” (Working paper1, InstituteofInternational Swedish hanna M. 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An Introductory TheInter- 31 Stockwell, the Transitional“Reframing Justice Paradigm”; Maria Debate,” diss., (PhD of The University Nebraska-Lincoln, 2014); tional Justice Through Feminist andEthical Theoretical Analysis Roost,Laura Care: “Justice Without Reconceptualizing Transi- Peace”;“Engendering Rooney, “Engendering Transitional Justice”; Timor tice: East The of Women ledge, 2007); Rimmer, Harris Susan and Gender Transitional - Jus Peacebuilding: Women inInternational Perspective (London: Rout- al Justice, 2010); Porter, “Gendered Narratives”; ElisabethPorter, (International Centerfor International Experience Transitionfrom - ga, O’Rourke,tersectionality”; - withthePast”; Orte “Dealing Luisa Reparations”; Ní Aoláin andRooney, “Underenforcement andIn- the Patriarchy”; Ní Aoláin, O’Rourke, andSwaine, “Transforming vancing Feminist Positioning”; Ní Aoláin, “Women, Security, and andZambrano,Meertens Deferred”; Ní“Citizenship Aoláin, “Ad- 560; Meertens, Forced JusticeinColombia DisplacementandGender ; Justice,” 3 (2014): 243-261; Mani, Rama “Women, andPost-Conflict Art asaGendered Harm,” Insecurity cal Feminist Legal 22, Studies no. Sandvik, in “Beyond Sexual Violence Transitional Justice: Politi- Review MacLachlan, Apology,”“Gender andPublic Transitional Justice sitional Justice”; andSandvick, Lemaitre Frames”; “Shifting Alice “Tunisia’s Women”; and Carreon, Lambourne “Engendering Tran- andDiscrimination”;“Violence Kent, “After the Truth”; Khalil, (New York: Research Council, Science Social 2006); IACHR, Reparations Human for Rights ,Violations ed. Rubio-Marín Ruth Failed Opportunity,” Happened inWhat to the Women? and Gender 357; JulieGuillerot, GenderandReparations inPeru:“Linking A ofThe InternationalJournal Transitional Justice7, no. 2(2013): 348- and the Transitional JusticeProcess inPost-Revolutionary Tunisia,” Subjects”; Gray and Doris Terry Coonan, Kills! Women“Silence and Invisible; andKapur,Human RightsStruggles”; Dewhirst The Disappeared ic, “Advancing Women Bueno-Hansen, Agency”; “Feminist and “Reparations, Microfinance,- andGender”;Selimov Björkdahl and Humanof Rights10, no. 4(2011): 477-493; andSeibel, Bernstein the Grey Zone: Considerations for Transitional Justice,” Journal Justice, andOwnership”; Baines, Erin “Gender, Responsibility, and 33 Alam, Women and Transitional Justice; Annika Björkdahl andJo- O’Rourke, andCatherine Bell Christine Feminism“Does Need Alam, Women and Transitional Justice; Anderson, “Gender, Local Transitional JusticeandFemale Ex-Combatants: LessonsLearned 1, no. 2(2013): 126-147; andKristin JulietaLemaitre 11, Review Law International Criminal no. 3(2011): 543- Feldman, ofFeminism”;“Models Franke, “Gendered (London: Routledge, 2010); Robb, 71 Inclusive Justice Anu- Porter, “Gendered “Gendered Porter, The Risk of Returning Women Transitional and Women 7, no. 3 (2013): 455-475; Dewhirst and Kapur, Dewhirst and Kapur, 455-475; 3 (2013): no. 7, ; Anderson, “Gender, Lo - “Gender, Anderson, Justice; Transitional and Women ; Candamil and Duque, “The Role Candamil and Duque, Title Enough; is Not A Land Björkdahl and Selimovic, “Advancing Women Agency.” Women “Advancing and Selimovic, Björkdahl Kent, “After the Truth.” the “After Kent, Amnesty- Internation Justice; Transitional and Women Alam, Matenge, “Exploring Ways of Including Human Rights.” “ExploringWays Matenge, Gold- Reparations”; and “Women Rubio-Marín and de Greiff, “Evaluating the Gender Content.” Goldblatt, Alam, ; Robb, “Engen - ; Robb, Perspective in International Women Peacebuilding: dering Peace.” 45 Narratives”; Robb, “Engendering Peace”; Alicia Cebada Romero, Romero, Cebada Alicia “Engendering Peace”; Robb, Narratives”; “LaViolencia La Mujer como SexualVíc- de Mali: en el Conflicto Luchala de Impunidad,” la contra Protagonista como y tima “Gen- Valji, 47-86; Internacional Derecho de ario 30 (2014): Español and Campbell-Nelson, Wandita, and Reconciliation”; Justice, der, “Women, Yarwood, “Learning Reparations”; to Engender Pereira, Conflict.” Justice and Indigenous Transitional 43 44 al, Marin, and Diaz Defenders”; Women of “Reparations for Sexual- and Reproduc Colleen Duggan, Justice; Gender Justice and Human SecurityViolence: tive Challenges in Per- Critical Peace: in The Search for Lasting Guatemala and Peru,” Rosalind Boyd ed. Security Human , on Gender-responsive spectives Schoening, Max 2014); Ashgate, (Farnham: Reclaiming Land People Displaced Threats against Violence and Home: Theidon, Laplante and 2013); Watch, (Human Rights in Colombia Times of Conflict”; Justice in and Lemaitre Sandvick, “Transitional “Lessons from Matenge, the Field”; Maddox, “Shifting Frames”; “The Morris, of Including Human Rights”; “ExploringWays and Security, “Women, Aoláin, Ní Forward”; Come to Courage “LaViolencia Sexual de en el Conflicto Romero, the Patriarchy”; Walker, Urban Margaret Failure”; Acknowledged “An Ross, Mali”; for Justice A Background Gender Violence“Gender and in Focus: Hi- Sexual Unsettling in The Gender of Reparations: in Reparations,” Ruth Ru- Violations,While Rights ed. Redressing Human erarchies 2009). Cambridge University Press, bio-Marín (Cambridge: 39 40 “Lessons from “Evaluating the Gender Content”; Maddox, blatt, “Reparations as a Means.” Mazurana and Carlson, the Field”; 41 42 “Reparations, Bernstein and Seibel, and Ownership”; cal Justice, “Advancing and Björkdahl Selimovic, and Gender”; Microfinance, and Emily Rosemary Agency”; Grey, LouiseChappell, Women “The Gender Justice of Complementarity:Shadow Les- Waller, fromsons the International Criminal Court’s Preliminary Ex- Journal The International of in Guineaaminations and Colombia,” Justice Transitional Colleen Duggan ; Invisible and Ruthand Disappeared The Jacobson, Violence: Moving from“Reparation of Sexual and Reproductive Un- in The Gender of Reparations: Codification to Implementation,” ViolationsWhile Rights , Redressing Human settling Sexual Hierarchies Ruth Cambridge University Rubio-Marín Press, (Cambridge: ed. and Sym- Memorialization, “Gender, Hamber and Palmary, 2009); Justice”; Transitional “Masculinity and Hamber, bolic Reparations”; Lemaitre and Women”; “Tunisia’s Khalil, Truth”; the “After Kent, “Lessons from the Field”; Maddox, “Shifting Frames”; Sandvick, “Forced Their Meertens, Presence!”; “Asserting Mageza-Barthel, “The to Come Courage Morris, and Gender Justice”; Displacement - Un “Gender Aoláin, Ní “Discussion Lines”; Nesiah, Forward”; Hamilton, and Michael Aoláin Ní der-Enforcement”; Fionnuala Societies,” Minnesota Transitional “Gender and the Rule of Law in “The O’Rourke, 380-402; Journal of International Law(2009): 18 Justice; Transitional Shifting Signifier”; Ortega, 2015); 2015); 14, Review 14, (Amnesty- Internation The Importance of a Participatory Reparations Participatory Reparations and Process of a The Importance ; Goldblatt, “Evaluating the Goldblatt, Justice; Transitional and Women Alam, ; Kora Andrieu et al., “To Kora Andrieu et al., Justice; Transitional and Women Alam, , 3. 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About the and Hedley Abernethy, Potter and Herzegovina Justice and Gender in Bosnia tional and North- , in the Balkans Society Justice and Civil in Transitional ern Ireland,” 2013); Springer, York: (New Olivera SimicVolcic and Zala eds. - Impor The “Reparations for Conflict”; Suchkova, Rubin-Marín, and Selimov Björkdahl Process- Reparations ; of a Participatory tance Porter, Truth”; the “After Agency”; Kent, Women “Advancing ic, 37 - Transi Tunisia’s in Victim Participation Hope”: Have is to Participate , Justice Barometer Transitional tional Justice Process (Tunis: 35 36 Legal Postcolonial “Feminism, Khanyisela Moyo, Justice?”; tional Trends,” A Critique of Current Justice: Transitional Theory and Kate 251; (2012): 2 no. Law Rights ReviewInternational Human 1, Legal Analysis Feminist the of “A Szablewska, Ogg and Natalia and Truth LawInterface Refugee Between the Mandates of and Jus- Transitional in Current Issues in Commissions,” Reconciliation Szablewska Natalia and eds. Approach, a More Holistic Towards tice: 2015), Switzerland: Springer, Sascha-Dominik (Cham, Bachmann 176. Justice,” Transitional “Engendering Rooney, 213; Impunity for Sexual Violence Justice!: We Demand. What This is Armed Conflict Colombia’s in Women Against and Microfinance, “Reparations, Bernstein and Seibel, 2011); al, - of Complemen “Deciding the Fate Jennifer Easterday, Gender”; Arizona Journal of International tarity: Case Study,” A Colombian Pe - “The Falcon, 49-111; 1 (2009): no. 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Edad y Etnia, Enfoques de Género, 2014). de Memoria Histórica, Nacional Centro 34 Aoláin, Ní Commission,” Truth the “After Kent, Justice?”; tional and Rooney, Aoláin Ní and the Patriarchy”; Security, “Women, “Lessons and Intersectionality”;“Underenforcement Maddox, Justice and Reconciliation.” “Gender, Valji, from the Field”; Suchkova, Suchkova, the Principles to its Relationship of Reparation Transitional (Essex Tchaïcha and Jane 2011); 5, No. Paper Briefing Justice Network, Century: Twenty-First in the Women “Tunisian Arfaoui, Khadija of the Wake Uncertainties in the and Present Achievements Past 2 The Journal ofNorth no. AfricanJasmine Revolution,” Studies 17, “Gender, Valji, “The Gender Dimension”; Turano, 215-238; (2012): “The Justice.” Path to Gender Zuloaga, Justice and Reconciliation”; 72 Georgetown Institute for Women, Peace and Security Analysis,” 213; Rooney, “Engendering Transitional Justice,” 176. ke, “Gendered Subjects”; OggandSzablewska, “A Feminist Legal ments”; andKapur, Dewhirst The Disappeared Fran andInvisible ; 52 51 in Post-Conflictin Transitions”; in Transitional JusticeStrategies”; Reilly, Gender Justice “Seeking za-Barthel, “Asserting Presence!”;Their Porter, “Gender-Inclusivity “Not Only ‘Context’”; Waldorf, “Anticipating thePast”; Mage- Press, 2009); andNolan, Schmid “‘Do No Harm’?”; Szoke-Burke, tions, ed. (Cambridge: Rubio-Marín University Cambridge Ruth HierarchiesUnsettling Sexual Human Redressing - Rights While Viola Reparations in Transitional Societies,” Reparations: of inTheGender in Peru; Rubio-Marín, Ruth man Rights Struggles Genderof “The ofTheory Transitional Justice?”; Bueno-Hansen, Feminist andHu- 53 Burke, ‘Context.’”Only “Not andReconciliation, of CentreViolence theStudy for 2015); Szoke- PerspectivesPractitioner on Transitional Justice: (Cape Town:Tunisia en el Conflicto deMali”;Schkolne, Sexual Maya Violencia “La and Ugarriza, Nonvictims“Victims, and Their Opinions”; Romero, and Fiona Clark (London: Books, Zed 2001); Nussio, Rettberg, der, Conflict, Armed and Violence,Political eds. Caroline O.N. Moser and GenderinColombia” inVictims, Perpetrators orActors? Gen- Donny Meertens, Nostalgic “The Future: Terror, Displacement Theidon,“Truth withConsequences”; Marks,“Women’s Rights”; curity, Gender, andPost-Conflict Reconstruction”;Laplante and bia (InternationalCenterfor Transitional Justice, 2009); Kfir,- “Se Paula Torres,and Jaramillo, toGrassroots Sergio Organizing”; Courts Yaneth Giha, and Discrimination”; andMcMahon, Irvine “From International Reparations”; Guellali, Accountability;IACHR, Flawed “Violence Studies flict: TheUnusualCaseofColombia,” LatinAmerican of Journal “Transitional Justiceand Victims’ Rightsbefore theEndofaCon- els ofFeminism”; JemimaGarcía-Godos andKnutAndreas O. Lid, Brill|Nijhoff, 2009); Falcon,“The Case”; Peruvian Feldman, “Mod- eds. Ferstman, Carla Goetz, Mariana (Leiden: andAlanStephens Genocide, of for Victims War Against Humanity, andCrimes Crimes atthe A Look Truth Commission Experience,” inReparations lerot, andLisaMagarrell, Participation: and “Reparations Victim national, 50 Rivers Press, 1998). York: (New Forgivenessthe Limitsof intheNewSouthAfrica Three Press, 2002); Antjie Krog, MySkull: of Guilt, Sorrow, Country and (London: Pluto Truth andReconciliationCommissioninSouthAfrica knowledged Failure”; Fiona Ross, Witness: Bearing Womenthe and 49 to GenderJustice.” sitional Justice”; Robb, Peace”;“Engendering Zuloaga, Path “The andCarreon, Lambourne Gender Content”; “Engendering Tran- 48 47 Walker, inFocus.”“Gender and Violence Gender Dimension”; Valji, “Gender, Justice, andReconciliation”; (New York: Research Council, Science Social 2006); Turano, “The and Reparations Human, for Rights Violations ed. Rubio-Marín Ruth tions: theAgenda,” Setting Happened inWhat to the Women? Gender Rubio-Marín,Ruth tions Conflict”; for - “The Gender of Repara Narratives”; Robb, Peace”;“Engendering Rubio-Marín, - “Repara to Come Forward”; Ortega, Transitional Justice;Porter, “Gendered lerot, GenderandReparations”;“Linking Morris, Courage “The Case”;ruvian Goldblatt,- Guil the Gender Content”; “Evaluating 46 Among others, Askin, in Decisions and Indict- “Sexual Violence Romero, enelConflicto deMali.” Sexual Violencia “La Andrieu etal., Andrieu “To Participate isto Have Hope”; Inter- Amnesty Goldblatt, Ross, theGenderContent”; “Evaluating “An Ac- Alam, Women and Transitional Justice ; Goldblatt, the “Evaluating Falcon, Case.” “The Peruvian et al., Andrieu Among others, andO’Rourke, Bell Feminism“Does Need a 42, no. 3 (2010): 487-516; Guillerot, Gender and “Linking A Land isNotTitle Enough; Correa, Cristián - JulieGuil “To Participate isto Have Hope” ; Falcon, “The - Pe Transitional JusticeandDDR: Colom- The Caseof Rimmer, Gender and Transitional Gender - tics &Society 34, no. 3(2006): 307-341. beth Jean Wood, War,”“Variation During inSexual Violence Poli Paperalogue onGlobalization Occasional 35(2007): Series 11; Elisa- Politics,Gender 58. Valji, “Gender, JusticeandReconciliation,” Di- (Washington: InstituteofPeace, UnitedStates 2013); O’Rourke, Misconceptions, time Sexual Violence Implications, and Ways Forward Cohen, Amelia Hoover Green, andElisabeth Jean Wood, War School, Law Emory Atlanta, GA, 24-25, January 2014); Kay Dara A Workshop on Geographies of Violence: Place, Space, and Time, (Paper presented attheFeminism andLegal Project at30:Theory Violence andthe of Conflict-timeProblemLaw’s of Response” 56 bridge: Ltd., IntersentiaPublishing 2013), 17. Forms Justice, of eds. Fineman Martha (Cam- Zinsstag and Estelle Transitional Justice: From to InternationalandCriminal Alternative Justice, Matter,” CaseStudies or Why inFeminist Perspectives on 55 in TransitionalSocieties.” inPeru; Rubio-Marín,Rights Struggles GenderofReparations “The of ory Transitional Justice?”; Bueno-Hansen, Feminist and Human 54 62 61 of national Journal Transitional Justice6, no. 3(2012): 547-557. inColombia,”Empowerment Efforts inReconstruction TheInter- R.briel Romero, “Voices Around Us: andCommunity Memory O’Rourke, 60 Gender Justice.” Valji, “Gender, Justice, andReconciliation”; Zuloaga, Path to “The Arfaoui, “TunisianWomen”; Turano, Dimension”; Gender “The The Importance a of Process Reparations;Participatory Tchaïchaand Stockwell, “Engendering Transitional Justice”; Roost, Care”; “Justice Without and der Transitional Justice; Robb, Peace”;“Engendering Rooney, Porter, O’Rourke, “ DealingwiththePast”; Ortega, Transitional Justice; Aoláin andRooney, “Underenforcement and Intersectionality”; Aoláin, O’Rourke, andSwaine, “Transforming Reparations”; Ní tioning”; Ní Aoláin, “Women, Security, andthePatriarchy”; Ní Deferred”; Ní“Citizenship Aoláin, “Advancing Feminist Posi- Displacement andGenderJustice”; andZambrano, Meertens Mani, “Women, andPost-Conflict Art Justice”; Meertens,“Forced MacLachlan,Sexual Violence”; Apology”; “Gender andPublic and Sandvick, Frames”; “Shifting andSandvik, Lemaitre “Beyond tion”; Kent, “After the Truth”; Khalil, “Tunisia’s Women”; Lemaitre Gender andReparations”; IACHR,- andDiscrimina “Violence Transitional Justice7, no. 2(2013): 348-357;Guillerot, “Linking cess inPost-Revolutionary Tunisia,” of The International Journal Coonan, Kills! Women“Silence andthe Transitional JusticePro- Feminism”; Franke, “Gendered Subjects”; Gray and Doris Terry and Kapur, TheDisappeared andInvisible; Feldman, of “Models Bueno-Hansen, “Engendering Transitional Justice”; Dewhirst Bueno-Hansen,cy”; Feminist inPeru; andHuman RightsStruggles and Gender”; Björkdahl andSelimovic, “Advancing Women Agen- the Grey Zone”; andSeibel, Bernstein “Reparations, Microfinance, Justice,cal andOwnership”; Baines, “Gender, Responsibility, and 59 58 29. 57 a Crack inEverything”. a Crack bel, “Reparations, Microfinance, andGender”; Hamber,“There is Under-Enforcement in Transitional Justice”;- andSei Bernstein Justice; AislingSwaine, the “Varying Variations: An ExpandedSpectrum O’Rourke, Catherine andDomestic Gender Law “International Among others, and O’Rourke, Bell Feminism“Does Need a The- Björkdahl andSelimovic, “Advancing Women Agency,” 30. Valji, “Gender, JusticeandReconciliation,” 7. Bueno-Hansen, Alam, andCarreon, Lambourne “Engendering Transitional Justice,” 72. Rubio-Marín, GenderofReparations: Setting theAgenda,” “The Peacebuilding; Porter, “Gendered Narratives”; Rimmer, Gen- Mohan, the BattleAfter “The War”; Ní Aoláin, “Gender Women and Transitional Justice; Anderson, “Gender,- Lo Gender PoliticsGender ; O’Rourke, withthePast”;“Dealing Ga- Reframing the TransitionalReframing JusticeParadigm; Suchkova, Feminist inPeru; andHuman Rights Struggles - - 73 Inclusive Justice Gender - Peacebuild Oosterveld, “TheOosterveld, Porter, Porter, Peacebuilding: Women in In- Women Peacebuilding: The Importance of a Participatory of a Importance The Porter, Porter, Ruth Rubio-Marín, Clara Sandoval, and Clara Sandoval, Ruth Rubio-Marín, . and Invisible The Disappeared Dewhirst and Kapur, Presence!” Their “Asserting Mageza-Barthel, “Repairing Members”; Family and Diaz, Sandoval, Rubio-Marín, Pe- “The Falcon, “Reparations in Colombia”; Díaz and Marín, Truth Commissions and Gender: Principles, Gender: Commissions and Truth et al., Nesiah Vasuki Violence”;“Reparations for Sexual and Reproductive Duggan, the “After “Evaluating the Gender Content”; Kent, Goldblatt, Among others, Mazurana and Carlson, “Reparations as a Mazurana and Carlson, others, Among “SexualViolence in Askin, Justice; Transitional and Women Alam, Mani, “Women, Art and Post-Conflict Justice”; Kent, “After the Kent, Justice”; Art and Post-Conflict “Women, Mani, “Mas- Hamber, of Redress”; Dimensions “Gender Bradley, Truth”; “Linkingand Gender Guillerot, Justice”; Transitional culinityand Justice”; Transitional “Engendering Bueno-Hansen, Reparations”; . Gender Politics O’Rourke, 77 78 79 and Campbell-Nelson, Wandita, Reparations”; and “Gender King, “Learning Reparations.” to Engender Pereira, 80 Pillay, Genderand Commissions ; Truth et al., Nesiah ruvian Case”; Seeking and Gender”; “Truth 74 Jus- Transitional and Procedures Center for (International Policies, SeekingGender”; and “Truth Pillay, 2006); tice, - Campbell-Nel Wandita, ; Perspective in International Women ing: “Learning Duggan, Reparations”; to Engender and Pereira, son, Violence.”“Reparations for Sexual and Reproductive 75 “Evaluating the Gender Without Goldblatt, “Justice Care”; Roost, “What Content”; Remains of Srebrenica?” Simic, 76 - Jus Transitional “Engendering Lambourne and Carreon, Truth”; “Gen- Porter, Presence!”; Their “Asserting Mageza-Barthel, tice”; Without“Justice Roost, Justice”; Transitional der-Inclusivity in Justice and Indigenous Transitional “Women, Yarwood, Care”; Guil- Justice”; Post-Conflict Art and “Women, Conflict”; Mani, “The Battle Af- Mohan, “Linking Gender and Reparations”; lerot, “ReparationsMeans”; a as Mazurana Carlson, and War”; the ter : Morocco Julie Guillerot, Failure”; Acknowledged “An Ross, - Tran Justice Process Center for (International Transitional and the Wandita, “Gender and Reparations”; King, 2011); Justice, sitional “Learning Repara - Engender to Pereira, and Campbell-Nelson, Gender Politics. O’Rourke, tions”; 72 - “Wom Aoláin, Ní War”; “The Battle After the Mohan, Means”; “Political Aoláin, Ní Fionnuala and the Patriarchy”; Security, en, - Jour Columbia ViolenceTransition,” and Gender DuringTimes of Turner, and Aoláin Ní 829-849; nal of Gender and Law(2006): 15 “Gender and Hamilton, Aoláin Ní Transition”; & Truth “Gender, ; Gender Politics and the Rule of Law”; O’Rourke, Gender Rimmer, “ThinkingPast Rights”; Special Court”; Painter, and Transitional Justice; Human Rights Gross “Repairing Members: Family Catalina Díaz, - in The Gender of Repara Violations of Harm,” and Communities While Rights Redressing Human Unsettling Sexual Hierarchies tions: Cambridge Uni- Ruth Rubio-Marín (Cambridge: ed. Violations, “The Gender of Reparations”; Rubio-Marín, 2009); versity Press, Path to Gender “The Zuloaga, “The Gender Dimension”; Turano, Justice.” 73 “Does Feminism Bell and O’Rourke, and Indictments”; Decisions - Transition “Gender, Hovil, Justice?”; Transitional Theory of a Need Reparation “Negotiating and Displacement”; Laplante, al Justice, and Reparations”; “Women Rubio-Marín and de Greiff, Rights”; “Repairing Members”; Family and Diaz, Sandoval, Rubio-Marín, Choices of Justice: Transitional “The Geometry of Carsten Stahn, no. Leiden Journal of International Law 18, Design,” Institutional Suchkova, 425-466; (2005): 3 Zuloaga, “The Gender Dimension”; Turano, ProcessReparations ; ‘Context”’; Only “Not Szoke-Burke, “The Gender Justice”; Path to “Repara - Rubio-Marín, of Redress”; “Gender Dimensions Bradley, fortions Conflict.” ; Wandita, Campbell-Nelson, and Pereira, Pereira, and Campbell-Nelson, Wandita, ; ternational Perspective Oosterveld, “TheOosterveld, Spe- Current Issues in Transitional Justice: Towards a More Towards Justice: Transitional Current Issues in 10, no. 4 (2009): 4 (2009): no. Studies 10, JournalWomen’s of International A WindowA of Opportunity, 1. Among others, Aguirre and Pietropaoli, “Gender Equality, De- Equality, “Gender and Pietropaoli, Aguirre others, Among Bell and O’Rourke, “Does Feminism Need a Theory of Transi- Theory of a Need “Does Feminism Bell and O’Rourke, Anderson, “Gender, Local Justice, and Ownership”; Kieran and Ownership”; Local Justice, “Gender, Anderson, Jen- Croatia”; in Post-war “Dealing with the Past Banjeglav, Genevieve Renard Painter, “Thinking Past Rights: Towards Fem- Towards “Thinking Rights: Past Genevieve Painter, Renard and Development “Gender Equality, and Pietropaoli, Aguirre Valji, and Selimovic, Björkdahl Justice; Transitional and Women Alam, Rubio-Marín, “Introduction,” 17. “Introduction,” Rubio-Marín, 71 and Selimovic, Björkdahl Justice”; Transitional and velopment Repara- “Negotiating Agency”; Laplante, Women “Advancing - Transi & Truth “Gender, Turner, and Aoláin Ní Rights”; tion “Dealing with the Past”; O’Rourke, tion”; 70 Memorialization, “Gender, Hamber and Palmary, Justice?”; tional Rubio-Marín, ; Peacebuilding Porter, and Symbolic Reparations”; Participa - of a The Importance “Reparations for Conflict”; Suchkova, “Not Only ‘Context”’; Valji, Processtory; Reparations Szoke-Burke, Vio“Gender and - Walker, and Reconciliation”; Justice, “Gender, and Haynes, Cahn, Justice”; “Transitional Brahm, lence in Focus”; Transition.” Masculinities and “Gender, Aoláin, Ní Commission”; and Reconciliation “Truth cial Court”; Dal Secco, Class, and Agency: Ethnicity, Visibility, “Silences, Elizabeth Jelin, - Transi in in Identities and Gender in Public Memorialization,” Paige ed. , Societies Justice in Divided Transitional for Challenges tion: Pillay, 2011); Cambridge UniversityArthur Press, (Cambridge: - Tran “Gender-Inclusivity in Seeking Porter, and Gender”; “Truth Robb, Justice; Transitional Gender and Rimmer, Justice”; sitional “What Srebrenica?”; of Remains Simic, “EngenderingPeace”; 68 “Victims Transitional and McConnachie, Kirsten and McEvoy no. Studies 22, and Legal Social Agency and Blame,” Voice, Justice: Truth and Reconciliation “The der Merwe, Van 489-513; 4 (2013): O’Ro- Aoláin, Ní Reconciliation”; and Community Commission Reparations.” “Transforming and Swaine, urke, 69 Assessing the Institutional “Justice in Action: nifer Lee Miller, (PhD diss., Justice” Transitional of Design and Implementation “Reparations Diaz and Marín, 2014); The University of Arizona, Courts International “From Irvine and McMahon, in Colombia”; For- “The to Come Courage Organizing”; Morris, to Grassroots “What Charles Hawksley of Srebrenica?”; Remains Simic, ward”; in Justice as Police-Building “Transitional Georgeou, and Nichole of State-Building and Implications for Tensions Solomon Islands: in Gender,” Szablewska Natalia Sascha-Domonikand eds. Approach, Holistic 2015). Springer, Bachmann (Cham: 64 Justice of Access to WindsorYearbook Theories of Reparations,” inist 1-38. 1 (2012): no. 30, 65 363. Justice,” Transitional 66 67 with “Truth Theidon, Agency”; Laplante and Women “Advancing - Tran & Truth “Gender, Turner, and Aoláin Ní Consequences”; “Dealing with the O’Rourke, ; Gender Politics O’Rourke, sition”; “The CourtSpecial Oosterveld, for Sierra Leone’s Valerie Past”; - Tran Violence: Contributing to of Gender-based Consideration 73-98; 1 (2009): no. Rights Review Human 10, Justice?” sitional “Gender-Inclusivity Seeking Porter, and Gender”; “Truth Pillay, Justice; Transitional Gender and Rimmer, Justice”; Transitional in Truth Commission and Reconciliation “The van der Merwe, Hugo Analysis An Strat of Competing - and Community Reconciliation: - Univer Mason George (PhD diss., egies and Conceptualizations,” Hamber, Rights”; Reparation “Negotiating Laplante, 1999); sity, “Engen- Bueno-Hansen, Justice”; Transitional “Masculinity and and Swaine, O’Rourke, Aoláin, Ní Justice”; Transitional dering “What Olivera Remains of Simic, Reparations”; “Transforming for the Yearning Justice and Transitional Srebrenica? Motherhood, Truth,” 220-236. 63 74 Georgetown Institute for Women, Peace and Security Transitional Justice.” Abernethy, Aboutthe Women?”; “What Rooney, “Engendering ofing Signifier ‘Community’ in Transitional Justice”; Potter and with thePast inaPost-Conflict O’Rourke,Society”; - Shift “The 86 tion Rights”; and Laplante Theidon,“Truth With Consequences.” “Silences, Visibility, Laplante, andAgency”; “Negotiating- Repara Peruvian Case”; Guillerot, GenderandReparation”;“Linking Jelin, andReproductive ofSexual Falcon,“Reparation Violence”; “The andJacobson, andReproductive Sexual for Duggan Violence”; “Truth andReconciliation Commission”; Duggan, “Reparations and Magarrell, Participation”; and “Reparations Victim DalSecco, no-Hansen, “Engendering Transitional Justice”; Correa, Guillerot, 85 Justice andIndigenous Conflict.” Reparación enla VozYarwood,; delasMujeres “Women, Transitional PerspectivesLatin American 41, no. 1(2013): 39-58; UNIFEM, La in Colombia:and Violence Agency, Autonomy and Territoriality,” Marcela Tovar-Restrepo Irazabal, andClara “Indigenous Women 44 (2011): 103-163; Tchaïcha and Arfaoui, “Tunisian Women”; ants inColombia,” &Politics International Law of NYUJournal chotomies of Transitional Justice: Gender, Conflict andCombat- Simic, RemainsofSrebrenica?”; Shana Tabak,“What “False Di- en el Conflicto de Mali”;Sexual Roost,Without Care”;“Justice timas del”;Romero, ConflictoArmado Víc Mujeres las Violencia “La FEM, 2010); andUprimny, Rodriguez de “Restitución paraTierras Transicional yconPerspectiva Desde Abajo (Bogotá: deGénero UNI- Uprimny, andRodrigo Rodriguez Diana EstherGuzmán Justicia mer, der”; Porter, in “Gender-Inclusivity Transitional Justice”; Rim- Pillay, Oosterveld,Special Court”; “The “Truth Seeking andGen- brano, Deferred”; Meertens,“Citizenship Nostalgic “The Future”; “Forced Displacement- andGenderJustice”; andZam Meertens Reparations”; IACHR, andDiscrimination”; “Violence Meertens, Gray andCoonan, Kills!”;“Silence Guillerot, Genderand “Linking Role of Women Defenders”; Feldman, ofFeminism”;“Models “Engendering Transitional Justice”; CandamilandDuque, “The no-Hansen, Björkdahl andSelimovic, “Advancing Women Bue- Agency”; 106(2012): Proceedings InternationalLaw Society of 502-505;ican and Transitional Justiceinthe Wake Spring,” oftheArab - Amer 84 der andthe der Transitional JusticeProcess. Leone; Guillerot,“Gender andReparations inSierra Morocco: Case”; Guillerot, GenderandReparations inPeru”;“Linking rell, Participation”; and “Reparations Victim Falcon, “The Peruvian “Engendering Transitional Justice”; Correa, Guillerot, andMagar- sen, orPeruvian authors.and are African by Bueno-Han- South See orPeru are Africa farlessnumerousSouth on –mostfocus South orliving in theGlobal about transitional justice by authors from Hovil, andGeorgeou,Hawksley “Transitional JusticeasPolice-Building”; Goldblatt, theGenderContent ofReparations”;“Evaluating and Jacobson, and Reproductive of Sexual “Reparation Violence”; gan, andReproductive Sexual for Duggan “Reparations Violence”; Zone”; DalSecco, “Truth andReconciliation Commission”;- Dug lence inDecisions”; Baines, “Gender, Responsibility, andtheGrey son, “Gender, Justice, Local andOwnership”; Askin,- Vio “Sexual Transitional Justice; Alam, Women and Transitional Justice; Ander- 83 brenica?” “Engendering Transitional Justice”;- Simic, Remains of Sre “What 82 81 toEngender Reparations.” “Learning Among others, O’Rourke, Politics Gender ;O’Rourke, “Dealing Bueno-Hansen, Feminist; andHuman Bue- RightsStruggles Among others, Bennoune, Karima Dégage? Women“Système Aguirre andPietropaoli, “Gender Equality, Development and Díaz and Marín, in Colombia”;“Reparations Bueno-Hansen, Backer, and “Civil Society Transitional Justice.” Feminist inPeru; andHuman Bueno-Hansen, RightsStruggles Gender and Gender Transitional Justice; Robb, Peace”;“Engendering Gender, Transitional Justice, andDisplacement. Publications Feminist; andHuman Bueno-Hansen, RightsStruggles King, Gen- “The Special Court”; Robb,Special Court”; “The “Engendering Peace.” Mandates of Truth andReconciliation Commissions”; Oosterveld, andthe Between Refugee oftheInterface Law Analysis nist Legal King, “Gender and Reparations”; Ogg and Szablewska, “A Femi- and Jacobson, andReproductive ofSexual “Reparations Violence”; 91 Reconciliation.”nity Merwe, “The andReconciliation CommissionTruth andCommu- Peace”;“Engendering Ross, “An Acknowledged Failure”; Van der tive Goldblatt,Violence”; Robb, theGenderContent”; “Evaluating 90 Reparations.” Wandita, Campbell-Nelson, and Pereira, to Engender “Learning ter the Truth”; Porter, in “Gender-Inclusivity Transitional Justice”; 89 Care.” Without “Justice ofJustice”;Shadow Simic, RemainsofSrebrenica?”; Roost, “What ter andAbernethy, About Women?”; “What Rowen, “Truth inthe nizing”; Jones, Jeffrey, andJakala, “The ‘Transitional Citizen’”; Pot- and McMahon, “From- to Grassroots Orga International Courts 88 da”; Roost, Care.” “Justice Without Peace”;gendering Rombouts, “Women andReparations inRwan- Presence!”; Morris, CouragetoCome Robb,“The Forward”; “En- goslav andRwandan Tribunals”; Mageza-Barthel, “Asserting Their 87 and Zambrano, Deferred.” “Citizenship and Theidon,“Transitional Justicein Meertens Times of Conflict”; dos and Lid, “Transitional Justice and Victims’ Rights”; Laplante 98 Waller,Shadow ofComplementarity.” GenderJustice “The Duque, Role of “The Women Defenders”; Chappell, Grey, and 97 Deferred”; Meertens,izenship Nostalgic “The Future.” Displacement andGenderJustice”; andZambrano, Meertens “Cit- 96 andUprimny,Deferred”; Rodriguez .” de Tierras “Restitución Home; Returning The Risk of andZambrano, Meertens “Citizenship 95 Women inColombia.” and Violence Deferred”; “Citizenship Tovar-Restrepo andIrazabal, “Indigenous Talbot, Colombia”;“Strengthening andZambrano, Meertens ture”; DíazandMarín inColombia”;“Reparations and Koppell Displacement andGenderJustice”; Meertens, Nostalgic “The Fu- 94 andUprimny,driguez de “Restitución .” Tierras Frames”; Tabak, “False Dichotomies of Transitional Justice”; Ro- sitional JusticeandDDR”; andSandvick, Lemaitre “Shifting and Marín, inColombia”;“Reparations etal., Jaramillo 93 digenous Women inColombia.” and Violence Romero, “Voices Around Us”; Tovar-Restrepo andIrazabal, - “In Nonvictims“Victims, and Their Opinions on Transitional Justice”; Frames”;“Shifting Meertens, Nostalgic “The Future”; Nussio etal., “TransitionalSandvic,Lemaitre and Justicein ofConflict”; Times and Talbot, Colombia”;“Strengthening and Laplante Theidon, Victims’ Rights”; Schoening, Home; Returning The Risk of Koppell Justice”;tributive García-Godos andLid, “Transitional Justiceand rations inColombia”; García-Godos, “Victims’ RightsandDis- International, 92 DalSecco, “Truth andReconciliation Commission”; Duggan andJacobson, Duggan andReproduc- ofSexual “Reparations DalSecco, “Truth and Reconciliation Commission”; Kent, “Af- Björkdahl andSelimovic, “Advancing Women Irvine Agency”; Askin, inDecisions andIndictmentsofthe Yu“Sexual Violence - Easterday, theFate García-Go“Deciding - ofComplementarity”; International, Amnesty What is This Demand;We Candamiland andSandvik, Lemaitre Frames”; “Shifting Meertens, “Forced International, Amnesty ALand isNotTitle ; Enough Schoening, Díaz and Marín, in Colombia”;“Reparations Meertens, “Forced CandamilandDuque, Roleof “The Women Defenders”; Díaz International, Amnesty ALand isNotTitle Enough; This is What is This Demand;We DíazandMarín, - “Repa Amnesty Amnesty “ Tran - 75 Inclusive Justice Perspectives - Perspectives on Transi ; O’Rourke, “Dealing with the Past in a “Dealing with the Past O’Rourke, ; Gender Politics ; Gray and Hope”; is to Have Participate “To Andrieu et al., “Système Dégage?” Bennoune, Rights Struggles and Human ; Peru in Feminist Bueno-Hansen, Christopher Lamont and Hela Boujneh, “Transitional Justice in “Transitional Christopher Lamont and Hela Boujneh, 100 101 102 99 misao 49, Politička Justice DuringTransition,” Negotiating Tunisia: Practitioner Schkolne, 32-49; 5 (2012): no. . tional Tunisia Justice: Coonan, “Silence Kills!”; Khalil, “Tunisia’s Women: Partners in Partners Women: “Tunisia’s Khalil, “Silence Kills!”; Coonan, Revolution.” O’Rourke, Us.” Around “Voices Society”; Romero, Post-Conflict

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1 Mohamad Bechri and Sonia Naccache, The Political Economy of 24 El-Masri, “Tunisian Women at a Crossroads,” 125-144. Development in Tunisia (Tunis: University of Tunis, 2003), 7. 25 Mounira M. Charrad, “Tunisia at the Forefront of the Arab 2 Ibid. World,” in Women in the Middle East and North Africa: Agents of 3 Kenneth Perkins, A History of Modern Tunisia (New York: Cam- Change, eds. Fatima Sadiqi and Moha Ennaji (Abingdon: Rout- bridge University Press, 2014), 163. ledge, 2011), 1513-1527. 26 4 Perkins, A History of Modern Tunisia, 164-165. Nilufur Narh, “Islamism, Women, and Political Participation: 5 Comparative Perspectives,” in The Islamic World and the West: Man- Sarah R. Louden, “Political Islamism in Tunisia: A History of aging Religious and Cultural Identities in the Age of Globalisation, Repression and a Complex Forum for Political Change,” Mathal ed. Christoph Marcinkowski (Piscataway: Transaction Publishers, 4, no. 1 (2015): 1-23. 2009), 163. 6 John L. Esposito, The Islamic Threat: Myth or Reality? (Oxford: 27 Gray and Coonan, “Silence Kills!” 352. Oxford University Press, 1992), 67. 28 7 Gray and Coonan, “Silence Kills!” 354-355; Carlotta Gall, Louden, “Political Islamism in Tunisia,” 6. “Women in Tunisia Tell of Decades of Police Cruelty, Violence and 8 Ben Salem, “Tunisia,” 7. Rape,” The New York Times (May 28, 2015), accessed April 22, 2017. 9 Ibid. https://www.nytimes.com/2015/05/29/world/africa/women-in- 10 tunisia-tell-of-decades-of-police-cruelty-violence-and-rape.html. Perkins, A History of Modern Tunisia, 189. 29 11 Gall, “Women in Tunisia Tell of Decades of Police Cruelty, Vi- Christopher Alexander, Tunisia: From Stability to Revolution in olence and Rape.” the Maghreb (London: Routledge, 2016), 50. 30 12 Gray and Coonan, “Silence Kills!” 352. Amy A. Kallander, Women, Gender, and the Palace Households in 31 Ottoman Tunisia (Austin: University of Texas Press, 2013), 172. Ibid. 32 13 Alexander, Tunisia, 52-53. Ibid. 33 14 Perkins, A History of Modern Tunisia, 194-195, 198. For more information on Ben Ali’s kleptocracy and state capture 15 in Tunisia, see Bob Rijkers, Caroline Freund, and Antonio Nucifo- Amnesty International, Annual Report: Tunisia 2010 (London: ra, “All in the Family: State Capture in Tunisia” (Policy Research Amnesty International, 2010). Working Paper 6810, World Bank, March 2014). 76 16 Christopher Alexander, “Authoritarianism and Civil Society in 34 David D. Kirkpatrick, “Tunisia Leader Flees and Prime Minister Tunisia: Back from the Democratic Brink.” Middle East Report Claims Power,” The New York Times (January 14, 2011), accessed 205 (1997): 36. April 22, 2017. http://www.nytimes.com/2011/01/15/world/af- 17 Charlotte Boitiaux, “Le Statut de la femme tunisienne ou l’héri- rica/15tunis.html?pagewanted=all&_r=0. tage de Bourguiba menacé,” France 24 (August 14, 2012), accessed 35 Andrieu et al., “To Participate is to Have Hope”: Victim Partici- April 22, 2017. http://www.france24.com/fr/20120813-tunisie- pation in Tunisia’s Transitional Justice Process (Tunis: Transitional statut-femme-tunisienne-heritage-menace-code-statut-person- Justice Barometer, 2015); 15. nel-feminisme-bourguiba-ben-ali-reformes-progres; Dominique 36 Lagarde, “Ces femmes de la génération Bourguiba,” L’Express Domenica Preysing, Transitional Justice in Post-Revolution- ( June 28, 2001), accessed April 22, 2017. http://www.lexpress.fr/ ary Tunisia (2011–2013): How the Past Shapes the Future (Berlin: actualite/monde/afrique/ces-femmes-de-la-generation-bourgui- Springer VS, 2016), 96. 37 Georgetown Institute for Georgetown ba_494840.html. Ibid., 104. Women, Peace and Security Peace Women, 18 Susan Watts, “The Impact on Women of Changes in Personal 38 Ibid., 109. Status Law in Tunisia” (paper prepared for the Women and Gender 39 Andrieu et al., “To Participate is to Have Hope,” 19. Equity Knowledge Network of the World Health Organization 40 Commission on Social Determinants of Health, Cairo, Egypt, June Organic Law on Establishing and Organizing Transitional Justice, 2007), accessed April 22, 2017. http://www.who.int/social_deter- art. 10, trans. International Center for Transitional Justice (ICTJ), minants/resources/changes_personal_status_tunisia_wgkn_2007. (Tunis: Republic of Tunisia, 2013), accessed April 22, 2017. pdf. http://www.ohchr.org/Documents/Countries/TN/Transitional- 19 JusticeTunisia.pdf. United Nations Children’s Fund, Tunisia: MENA Gender Equal- 41 ity Profile: Status of Girls and Women in the Middle East and North Ibid., art. 3. 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Sfeir, (Republic of Tunisia, 1957), accessed April 22, 2017, Nassar, Director for Policy and Research, Impunity Watch, June http://www.jstor.org/stable/4322925. 3, 2016; Mohamed Kamel Gharbi, President, Réseau Tunisien de 22 Justice Transitionelle (Tunisian Transitional Justice Network), May UNICEF, Tunisia. 20, 2016. 23 Monica Marks, “Women’s Rights Before and After the Rev- 44 Amna Guellali, Senior Tunisia Researcher, Human Rights olution,” in The Making of the Tunisian Revolution: Contexts, Watch, May 26, 2016. Architects, Prospects, ed. Nouri Gana (Edinburgh: Edinburgh 45 University Press, 2013); Samar El-Masri, “Tunisian Women at a “Tunisia: Amnesty Bill Would Set Back Transition,” Crossroads: Cooptation or Autonomy?” Middle East Policy Council Human Rights Watch (July 14, 2016), accessed April 22, 2017, Journal 22, no. 2 (2015): 125-144. https://www.hrw.org/news/2016/07/14/tunisia-amnesty-bill-would-set-back-transition. 46 Lamia Farhani, President, L’Association des Familles des Martyrs 62 Amine Ghali, May 23, 2016; Habib Nassar, June 3, 2016. et les Blessés (Association of Families of Martyrs and the Wound- 63 Hayet Ouertani, May 19, 2016. ed), May 26, 2016; Andrieu et al., “To Participate is to Have Hope,” 64 20; Kora Andrieu, “Confronting the Dictatorial Past in Tunisia: Hend Bouziri, May 19, 2016; Salwa El Gantri, May 23, 2016; The Politicization of Transitional Justice,” Justiceinfo.net (August Ibtihel Abdellatif, May 23, 2016. 31, 2015), accessed April 22, 2017, http://www.justiceinfo.net/en/ 65 Hend Bouziri, May 19, 2016; Salwa El Gantri, May 23, 2016; component/k2/1818-confronting-the-dictatorial-past-in-tuni- Ahlem Nsiri, May 20, 2016; Khadija Arfaoui, activist, May 24, sia-the-politicization-of-transitional-justice.html. 2016; Habib Nassar, June 3, 2016. 47 Amna Guellali, May 26, 2016. 66 Amine Ghali, May 23, 2016. 48 Amine Ghali, May 23, 2016; Andrieu et al., “To Participate is to 67 Hend Bouziri, May 19, 2016. 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Noura Borsali, May 24, 2016.; Salwa El Gantri, May 23, 2016; 88 Hend Bouziri, May 19, 2016; Hayet Ouertani, May 19, 2016; Na- Hayet Ouertani, May 19, 2016. joua Bettaieb, Former President, Tounissiet, May 19, 2016. 89 Najoua Bettaieb, May 19, 2016; Samia Letaief, Treasurer, Asso- 61 Hayet Ouertani, May 19, 2016; The National Fact-Finding ciation des femmes tunisiennes pour la recherche sur le développement Commission to Investigate Abuses and Violations During the (Association of Tunisian Women for Research on Development, or Recent Period, Report from the National Fact-Finding Commission AFTURD), May 19/24, 2016; Ahlem Nsiri, May 20, 2017; Mo- to Investigate Abuses and Violations (Government of Tunisia, April hamed Kamel Gharbi, May 20, 2016. 2012), accessed April 22, 2017. http://www.leaders.com.tn/up- 90 Ibtihel Abdellatif, May 23, 2016; Ahlem Belhadj, May 26, 2016; loads/FCK_files/Rapport%20Bouderbala.pdf. 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Samia Letaief, May 24, 2016; Ahlem Nsiri, May 20, 2016; Ahlem 95 Belhadj, May 26, 2016; Hejer Bettaieb, May 24, 2016; Amna Guel- Samia Letaief, May 24, 2016. lali, May 26, 2016; Noura Borsali, May 24, 2016; Oula Ben Nejma, 96 Ahlem Nsiri, May 20, 2016; Hejer Bettaieb, May 24, 2016; Salwa June 28, 2016; Ferida Labidi, May 26, 2016. El Gantri, May 23, 2016. 129 Preysing, Transitional Justice. 97 Samia Letaief, May 24, 2016; Ahlem Nsiri, May 20, 2016; Hend 130 Hejer Bettaieb, May 24, 2016; Ahlem Nsiri, May 20, 2016; Nou- Bouziri, May 19, 2016; Camille Henry, May 24, 2016. ra Borsali, May 24, 2016. 98 Wahid Ferchichi, Law Professor, University of Tunis, June 28, 131 Salwa El Gantri, May 23, 2016; Oula Ben Nejma, June 28, 2016; 2016. Mohamed Kamel Gharbi, May 20, 2016; Hend Bouziri, May 19, 99 Wahid Ferchichi, June 28, 2016; Salwa El Gantri, May 23, 2016; 2016; Mounia Bouali, May 25, 2016. 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Interview with civil society source, May 26, 2016; Interview 144 with civil society source, May 25, 2016; Interview with civil society Interview with civil society source, May 25, 2016. source, May 24, 2016. 145 Salwa El Gantri, “Our Voices Will Not Be Silenced: Chart- 114 Hend Bouziri, May 19, 2016. ing Women’s Struggle for Justice in Tunisia,” International Center 115 for Transitional Justice ( June 21, 2016), accessed April 22, 2017. Oula Ben Nejma, June 28, 2016; Ahlem Nsiri, May 20, 2016; https://www.ictj.org/news/women-struggle-justice-tunisia. Ibtihel Abdellatif, May 23, 2016. 146 Salwa El Gantri, May 23, 2016. 116 Ibtihel Abdellatif, May 23, 2016; Hend Bouziri, May 19, 2016. 147 Salwa El Gantri, May 23, 2016. 117 Ahlem Nsiri, May 20, 2016; Salwa El Gantri, May 23, 2016. 118 Ibtihel Abdellatif, May 23, 2016; Salwa El Gantri, May 23, 2016; Hend Bouziri, May 19, 2016. 119 Ibtihel Abdellatif, May 23, 2016. 120 Hend Bouziri, May 19, 2016. 121 Hayet Ouertani, May 19, 2016; Ibtihel Abdellatif, May 23, 2016. 122 Hend Bouziri, May 19, 2016; Oula Ben Nejma, June 28, 2016; Samira Merai, May 27, 2016. 123 Hayet Ouertani, May 19, 2016. 124 Majdouline Cherni, May 25, 2015; Hayet Ouertani, May 19, 2016. 125 Mohamed Kamel Gharbi, May 20, 2016. 148 Olfa Belhassine, “Women Victims Step Up As Tunisia Truth Commission Deadline Nears,” Justiceinfo.net (September 6, 2016), accessed April 22, 2017. http://www.justiceinfo.net/en/tribunals/national-tribunals/27798-women-victims-step-up-as-tunisia-truth-commission-deadline-nears.html. 149 Hend Bouziri, May 19, 2016; Hayet Ouertani, May 19, 2016; Ibtihel Abdellatif, May 23, 2016; Samira Merai, May 27, 2016. 150 Hend Bouziri, May 19, 2016. 151 Hayet Ouertani, May 19, 2016. 152 Majdouline Cherni, May 25, 2016; Hejer Bettaieb, May 24, 2016; Lamia Farhani, May 26, 2016; Hayet Ouertani, May 19, 2016. 153 Majdouline Cherni, May 25, 2016; Oula Ben Nejma, June 28, 2016; Ibtihel Abdellatif, May 23, 2016; Ahlem Nsiri, May 20, 2016. 154 Ibtihel Abdellatif, May 23, 2016; Mounia Bouali, May 25, 2016; Majdouline Cherni, May 25, 2016; Oula Ben Nejma, June 28, 2016; Ahlem Nsiri, May 20, 2016. 155 Interview with civil society source, May 26, 2016; Interview with civil society source, May 25, 2016; Interview with civil society source, May 24, 2016. 156 Hejer Bettaieb, May 24, 2016; Ibtihel Abdellatif, May 23, 2016; Habib Nassar, June 3, 2016; Ahlem Belhadj, May 26, 2016; Oula Ben Nejma, June 28, 2016. 157 Ahlem Belhadj, May 26, 2016; Ibtihel Abdellatif, May 23, 2016. 79 Inclusive Justice Inclusive

COLOMBIA: CREATING SPACE FOR WOMEN IN PEACE

1 José E Arvelo, “International Law and Conflict Resolution in 17 Ibid. Colombia: Balancing Peace and Justice in the Paramilitary De- 18 For more information on the use of sexual violence as a weapon mobilization Process,” Georgetown Journal of International Law 37 of war in Colombia, see Inter-American Commission on Human (2005): 411; Roger W. Findley, “Ten Years of Land Reform in Co- Rights, Violence and Discrimination Against Women in the Armed lombia,” Wisconsin Law Review (1972): 880. Conflict in Colombia (Washington: Organization of American 2 Josefina A. Echavarria, In/security in Colombia: Writing Political States, 2006). Identities in the Democratic Security Policy (Manchester: Manchester 19 La Violencia Sexual en Colombia: Primera Encuesta de Prevalencia University Press, 2010). (Barcelona: Oxfam Intermón, 2009). 3 Douglas Porch, “Revolutionary Social Change in Colombia: The 20 Melissa Herman, “Protagonists and Victims: Women Leading Origin and Direction of the FARC-EP,” Bulletin of Latin American the Fight for a Democratic Colombia,” Feminist Review 88 (2008): Research 30, no. 4 (2011): 515-516. 122-127. 4 Mapping Militant Organizations: Revolutionary Armed Forces of 21 Bettina Ng’weno, “Autonomy, Self-governance and the Status of Colombia – People’s Army, Stanford University, accessed April 22, Afro-Colombian Collective Territories” (Lecture, Meeting of the 2017. http://web.stanford.edu/group/mappingmilitants/cgi-bin/ Latin American Studies Association, Las Vegas, Nevada, October groups/view/89. 7, 2004), accessed April 22, 2017. http://oraloteca.unimagdalena. 5 Danielle Renwick and Claire Felter, Colombia’s Civil Conflict, edu.co/wp-content/uploads/2013/01/Autonomy-Self-gover- Council on Foreign Relations, accessed April 22, 2017. http:// nance-and-the-Status-of-Afro-Colombian.pdf. www.cfr.org/colombia/colombias-civil-conflict/p9272. 22 Virginia Bouvier, “Gender and the Role of Women in the Co- 6 Alfredo Molano, “Violence and Land Colonization,” in Violence lombian Peace Process,” UN Women Background Paper, prepared in Colombia: The Contemporary Crisis in Historical Perspective, eds. for the United Nations Global Study on 15 Years of Implemen- Charles Bergquist, Ricardo Peñaranda, and Gonzalo Sánchez tation of UN Security Council Resolution 1325 (New York: (Wilmington: SR Books, 1992), 195-216. UN Women, 2016), accessed April 22, 2017. https://www.usip.org/ 7 Virginia Bouvier, “Formal Talks with ELN Set to Begin in Qui- publications/2016/11/gender-and-role-women-colombias-peace- to,” Colombia Calls blog, October 12, 2016, accessed April 22, 2017. process; Inter-American Commission on Human Rights, Violence https://vbouvier.wordpress.com/2016/10/12/formal-talks-with- and Discrimination Against Women. 23 80 eln-set-to-begin-in-quito/. Inter-American Commission on Human Rights, Access to Justice 8 InSight Crime, “ELN,” InSight Crime, accessed April 22, 2017. for Women Victims of Violence in Mesoamerica (Washington: Organi- http://www.insightcrime.org/colombia-organized-crime-news/ zation for American States, 2011); Bouvier, “Gender and the Role eln-profile. of Women in the Colombian Peace Process.” 24 9 Ibid. Ceasefire agreements were signed with the FARC, M-19, Ibid. EPL, and ADO. The ELN, which at the time was led by revolu- 25 El ACNUR y la Protección de los Desplazados Internos, United Na- tionary priests, never signed an agreement despite the fact that they tions High Commission for Refugees, 2016. were in contact with the Peace Commission. 26 “Colombia 2016/2017.” Amnesty International, accessed April 20, 10 Kimberly Theidon, “Reconstructing Masculinities: The Disarma- 2017. https://www.amnesty.org/en/countries/americas/colombia/ ment, Demobilization, and Reintegration of Former Combatants report-colombia/. in Colombia,” Human Rights Quarterly 31, no. 1 (2009): 10; Steven 27 Ibid.

Georgetown Institute for Georgetown Dudley, Walking Ghosts: Murder and Guerrilla Politics in Colombia 28 Ibid.

Women, Peace and Security Peace Women, (New York: Routledge, 2006). 29 11 Marc Chernick, Insurgency and Negotiations: Defining the Bound- For more on this subject, see Paula San Pedro, Sexual Violence aries of the Political Regime in Colombia (Ann Arbor: University in Colombia (Oxford: Oxfam, 2009), 16, accessed April 22, 2017, Microfilms, 1993). https://www.oxfam.org/sites/www.oxfam.org/files/file_attach- 12 ments/bp-sexual-violence-colombia_4.pdf. Over one million hectares of productive farmland were pur- 30 chased with drug money during the 1980s. Marc S. Nieswiadomy, Theidon, “Reconstructing Masculinities,” 17. According to Thei- “Land Reform and Conflict Resolution in Colombia” (Master’s don, most joined leftist militias because they lived in areas where, Thesis, Naval Postgraduate School, 2012), accessed April 22, 2017. with the presence of the Colombian state virtually invisible, the http://calhoun.nps.edu/bitstream/handle/10945/6158/03Dec_ guerrilla group was more or less in charge and its presence was nor- Nieswiadomy.pdf?sequence=1&isAllowed=y. malized, or because an acquaintance who was already in the group 13 convinced them to join. Diana J. Schemo, “Colombia in Crisis as Drugs Tar Chief,” 31 The New York Times (August 13, 1995), accessed April 22, 2017. Ibid., 17. http://www.nytimes.com/1995/08/13/world/colombia-in-crisis- 32 Dyan Mazurana, “Women, Girls and Non-State Armed Oppo- as-drugs-tar-chief.html?pagewanted=all. sition Groups,” in Women and Wars: Contested Histories, Uncertain 14 The exact nature of the paramilitary’s relationship to the state Futures, ed. Carol Cohn (Cambridge: Policy Press, 2013), 155. is contested. For a thorough overview of the paramilitaries and 33 Theidon, “Reconstructing Masculinities,” 29. their relationship to the state, see Mauricio Romero, Paramilitares 34 Herman, “Protagonists and Victims.” y Autodefensas, 1982-2003 (Bogotá: Temas de Hoy, 2003), 34-39, 35 150-151. Ibid. 36 15 Winifred Tate, “From Greed to Grievance: The Shifting Political Republic of Colombia. Colombia’s Constitution of 1991 with Profile of Colombian Paramilitaries,” in Colombia: Building Peace in Amendments through 2013. Trans. Max Planck Institute, accessed a Time of War, ed. Virginia M. Bouvier (Washington: USIP Press, April 22, 2017. https://www.constituteproject.org/constitution/ 2009), 111-132. Colombia_2013.pdf?lang=en. 37 16 Ibid. Ibid. 38 Isabella Bueno and Andrea Diaz Rozas, “Which Approach to 54 “Commission for the Clarification of Truth, Coexistence and Justice in Colombia under the Era of the ICC,” International Crim- Non-Repetition,” Office of the High Commissioner for Peace inal Law Review 13 (2013): 1-36. (Oficina del Alto Comisionado para la Paz), Government of 39 Lisa J. Laplante and Kimberly Theidon, “Transitional Justice in Colombia, accessed February 11, 2017. http://www.altocomis- Times of Conflict: Colombia’s Ley de Justicia y Paz,” Michigan Jour- ionadoparalapaz.gov.co/Documents/informes-especiales/comis- nal of International Law 49 (2006): 49-108. ion-verdad-proceso-paz/index.html. 55 40 Ibid., 102-106. Iris Marín Ortiz, Sub-Director, Unit for Comprehensive Care 41 and Reparations for Victims (Unidad para la Atención y Reparación Constitutional Court of Colombia, “Programa de la Prevencion Integral a las Víctimas, or Victims Unit), June 13, 2016. de la Violencia Sexual Sontra la Mujer Desplazada y la Aten- 56 cion Integral a sus Victimas,” Auto 92 (2008), accessed April 22, Paula Gaviria, Presidential Advisor for Human Rights, Unit for 2017. http://www.corteconstitucional.gov.co/RELATORIA/Au- Comprehensive Care and Reparations for Victims (Unidad para tos/2008/A092-08.htm. la Atención y Reparación Integral a las Víctimas, or Victims Unit), 42 June 17, 2016. Pilar Domingo, Alina Rocha Menocal, and Verónica Hinestroza, 57 Progress Despite Adversity: Women’s Empowerment and Conflict In- Iris Marín Ortiz, June 13, 2016; Paula Gaviria, June 17, 2016. side Colombia (London: Overseas Development Institute, 2015), 18, 58 Iris Marín Ortiz, June 13, 2016. accessed April 22, 2017. https://www.odi.org/sites/odi.org.uk/files/ 59 María Eugenia Morales Castro, National Director of Repara- odi-assets/publications-opinion-files/9743.pdf. tions, Unit for Comprehensive Care and Reparations for Victims 43 A Land Title is Not Enough, 48. (Unidad para la Atención y Reparación Integral a las Víctimas, or Vic- 44 Ibid. tims Unit), June 22, 2016. 60 45 Adriaan Alsema, “Colombia’s 2012-2016 Peace Talks: Fact Iris Marín Ortiz, June 13, 2016. Sheet,” Colombia Reports (September 25, 2016), accessed April 61 Iris Marín Ortiz, June 13, 2016. 22, 2017. http://colombiareports.com/colombia-peace-talks-fact- 62 Iris Marín Ortiz, June 13, 2016. sheet/. 63 46 Carlos Fidel Villamil Ruiz, National Director of Transitional Jus- “Delegation of the National Government,” Office of the High tice, Office of the Attorney General (Fiscalía General de la Nación), Commissioner for Peace (Oficina del Alto Comisionado para la Paz), June 17, 2016. 81 Government of Colombia, accessed February 11, 2017. http:// 64 www.altocomisionadoparalapaz.gov.co/procesos-y-conversaciones/ Carlos Fidel Villamil Ruiz, June 17, 2016. delegacion-del-gobierno-nacional/Paginas/Delegacion-del-Gobi- 65 Juanita Candamil, Gender Coordinator, Office of Transitional erno-Nacional.aspx. Justice, Ministry of Justice (Ministerio de Justicia y del Derecho), Justice Inclusive 47 “Office of the High Commissioner for Peace,” Office of the High June 14, 2017. Commissioner for Peace (Oficina del Alto Comisionado para la Paz), 66 Catalina Díaz Gómez, Director of Transitional Justice, Ministry Government of Colombia, accessed February 8, 2017. http://www. of Justice (Ministerio de Justicia y del Derecho.) June 22, 2016. altocomisionadoparalapaz.gov.co/Paginas/OACP/Oficina-Al- 67 Catalina Díaz Gómez, June 22, 2016. to-Comisionado-para-la-Paz.aspx. 68 48 Iris Marín Ortiz, June 13, 2016. Alsema, “Colombia’s 2012-2016 Peace Talks.” 69 49 Iris Marín Ortiz, June 13, 2016; María Eugenia Morales Castro, “Discussion Table with the FARC-EP,” Office of the High Com- June 22, 2016. missioner for Peace (Oficina del Alto Comisionado para la Paz), Gov- 70 ernment of Colombia, accessed February 11, 2017. http://www. Iris Marín Ortiz, June 13, 2016. 71 altocomisionadoparalapaz.gov.co/procesos-y-conversaciones/Pagi- Iris Marín Ortiz, June 13, 2016. nas/mesa-de-conversaciones-con-las-farc-ep.aspx. 72 Juanita Candamil, June 14, 2017; Iris Marín Ortiz, June 13, 2016; 50 “Dynamics of the Peace Talks,” FARC-EP International, ac- Ana Teresa Bernal Montañes, Commissioner, National Commis- cessed February 11, 2017. http://farc-epeace.org/peace-process/ sion for Reparations and Reconciliation (Comisión Nacional de subcommissions.html. Reparación y Reconciliación, or CNRR), June 15, 2016; Carlos Fidel 51 “Mechanism of Participation,” Office of the High Com- Villamil Ruiz, June 17, 2016. 73 missioner for Peace (Oficina del Alto Comisionado para la Paz), María Eugenia Morales, June 22, 2016. Government of Colombia, accessed February 11, 2017. 74 María Eugenia Morales, June 22, 2016. http://www.altocomisionadoparalapaz.gov.co/procesos-y-con- 75 Carlos Fidel Villamil Ruiz, June 17, 2016. versaciones/mecanismos-de-participacion/Paginas/Mecanis- 76 mo-de-participacion.aspx. Interview, June 14, 2016. 77 52 “P&R: Sistema Integral de Verdad, Justicia, Reparación y no Juanita Candamil, June 14, 2017. Repetición,” Office of the High Commissioner for Peace (Ofici- 78 Liliana Rocío Chaparro Moreno, Access to Justice for Women Vic- na del Alto Comisionado para la Paz), Government of Colombia, tims of Sexual Violence (Bogotá: The Working Group to Monitor accessed February 8, 2017. http://www.altocomisionadoparalapaz. 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Katherine Ronderos, June 16, 2016. 108 85 Katherine Ronderos, Political Committee Representative, Liga Rubiela Valderrama, June 20, 2016. Internacional de Mujeres por la Paz y la Libertad, (Women’s Interna- 109 Interview with Alicia, June 20, 2016. tional League for Peace and Freedom, or LIMPAL), June 16, 2016. 110 Inilse Mercado, June 21, 2016. 86 Katherine Ronderos, June 16, 2016. 111 Julia Eva Cogollo Cabarcas, June 21, 2016; Angélica Ortiz, June 87 Iris Marín Ortiz, June 13, 2016; Julia Eva Cogollo Cabarcas, 23, 2016. Member, Movimiento por la Paz (Movement for Peace, or MPDL) 112 Inilse Mercado, June 21, 2016. and Member, Proceso de Comunidades Negras (Group of Black 113 Communities, or PCN), June 21, 2016; Interview, June 14, 2016; Norma Inés Bernal Vélez, Member, Grupo Ecuménico de Mu- Rubiela Valderrama, Member, Corporación Red de Empoderamiento jeres Constructoras de Paz (Ecumenical Group of Women Peace- de Mujeres de Cartagena de Indias y Bolívar (Women’s Empower- makers, or GEMPAZ), June 14, 2016. ment Network of Cartagena and Bolívar), June 20, 2016; Inilse 114 Marina Gallego, June 13, 2016. Mercado, Technical Secretary, Mesa del Movimiento Social (Table 115 Bouvier, “Gender and the Role of Women in the Colombian of Social Movements), June 21, 2016; Teresa Cassiani, Member, Peace Process.” Proceso de Comunidades Negras (Group of Black Communities, or 116 PCN), June 21, 2016; Interview, June 20, 2016. Katherine Ronderos, June 16, 2016. 117 88 Iris Marín Ortiz, June 13, 2016. 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