Countering Terrorism: the Transformative Potential of Gender Equality Lawmaking and Policy Reform
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Countering Terrorism: The Transformative Potential of Gender Equality Lawmaking and Policy Reform STUDENT WORKING PAPERS Penn Law Seminar on International Women’s Human Rights taught by Rangita de Silva de Alwis, Associate Dean of International Programs Report presented to UN Women and the Office of the High Commissioner for Human Rights on May 6, 2016 COUNTERING TERRORISM: THE TRANSFORMATIVE POTENTIAL OF GENDER EQUALITY LAWMAKING AND POLICY REFORM EXECUTIVE SUMMARY The pivotal role of women in countering terrorism is both undervalued and underexplored. Today, terrorism and violent extremism come in diverse forms. In the struggle to address this dynamic and complex issue, the need for a preventive approach is vital, and women, and women’s rights, can offer a significant contribution to preventative measures. To this end, the chapters in this report take innovative approaches to the exploration of the transformative nature of integrating a gender dimension into States’ legislative and policy frameworks that address terrorism. The Security Council and General Assembly have recognized that countering terrorism requires more than a military approach, it necessitates respect for human rights.1 This shift from the traditional focus on reactive measures was reflected in the Secretary-General’s Plan of Action to Prevent Violent Extremism, which calls for a comprehensive approach that focuses on systematic preventive steps that tackle the underlying factors that contribute to conditions conducive to terrorism, including the need to respect and strengthen human rights.2 The UN has not adopted an official definition of terrorism, leaving States to devise their own definitions. As a result, many of these definitions do not include a human rights perspective. Respecting human rights while countering terrorism requires a two-pronged approach. First, States must ensure that reactive measures do not violate human rights, including women’s rights. Second, respecting and promoting human rights in the first instance works as a preventative measure against terrorism and violent extremism. The second prong is the focus of this report. The role of women in international peace and security efforts was recognized in Security Council Resolution 1325 (2000) and reaffirmed in subsequent thematic resolutions.3 Fifteen years later, Resolution 2242 (2015) improved upon a number of substantive areas, and called for the integration of a gender analysis on the drivers and impacts of violent extremism.4 Acting on Chapter VII authorization, the Security Council encouraged States to address conditions 1 S.C. Res. 1963, fourth preambular paragraph, (Dec. 20, 2012), see generally G.A. Res. 60/288, United Nations Global Counter-Terrorism Strategy, annex Plan of Action, at IV. (Sept. 20, 2006). 2 U.N. Secretary General, Plan of Action to Prevent Violent Extremism, U.N. Doc.A/70/674 (Dec. 24, 2015) 3 The Security Council adopted additional resolutions between 2000 and 2015 on Women, Peace and Security agenda, including resolutions 1820 (2008); 1888 (2009); 1889 (2009); 1960 (2010); 2106 (2013); and 2122 (2013). 4 Statement by UN Women on the adoption of Security Council resolution 2242 on women, peace and security (October 14, 2015) available at http://www.unwomen.org/en/news/stories/2015/10/ed-statement-unsc-resolution- 1325. i conducive to the spread of extremism, including by empowering women. 5 In General Recommendation 30, the Committee on the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) affirmed the synergy between the CEDAW and the Women, Peace and Security agenda contained within the relevant Security Council resolutions.6 As such, Member States should recognize that a gender perspective is integral to combating terrorism and the conditions that contribute to it. Unfortunately, States have not fully embraced this approach. Each chapter of this report analyzes how a gender perspective can work to counter terrorism, and provides recommendations that embrace gender equality, the protection of women’s rights and women’s empowerment. These recommendations recognize that the participation and leadership of women in this sphere, as well as constitutional and other legislative reforms that guarantee formal and substantive gender equality, can contribute to more sustainable and effective counterterrorism measures, leading to a more peaceful and safe world. Students of International Women’s Rights University of Pennsylvania Law School Under the supervision of Professor Rangita de Silva de Alwis 5 S.C. Res. 2178, ¶16 (Sept. 24, 2014). 6 See generally Comm. on the Elimination of Discrimination Against Women, General Recommendation No. 30: On women in conflict prevention, conflict and post-conflict situations, U.N. Doc. CEDAW/C/GC/30 (Oct. 18, 2013). ii TABLE OF CONTENTS COUNTERING XENOPHOBIA AND TERRORISM BY EMPOWERING WOMEN: HOW THE NEW YEARS ATTACKS HIGHLIGHT THE GENDER COMPONENTS IN FIGHTING TERRORISM ........ 1 SUZANNE KNIJNENBURG ISIS’ USE OF SEXUAL SLAVERY AND FORCED MARRIAGE AS ACTS OF TERROR AND CATALYSTS OF EXTREMISM ............................................................................................................... 16 RUSSELL HOFFMAN “BELONGING” AS A COUNTERTERRORISM MEASURE: GENDER EQUALITY, RIGHT TO NATIONALITY & THE SYRIAN REFUGEE CRISIS ............................................................................ 25 NATASHA ARNPRIESTER THE NECESSARY ROLE OF WOMEN’S RIGHTS IN THE ELIMINATION OF EL SALVADOR’S GANG VIOLENCE .................................................................................................................................... 39 LAUREN CASTILLO ACID VIOLENCE AND COUNTERING TERRORISM: PREVENTING VIOLENT EXTREMISM BY ENDING A CULTURE OF IMPUNITY ................................................................................................... 50 POOJA AGARWAL THE NORTH CAUCASUS: A CASE STUDY ON THE EFFECT OF GENDER INEQUALITY AND GENDER-BASED VIOLENCE ON THE RADICALIZATION OF WOMEN ........................................ 63 TESSA ROBERTS EMPOWERING WOMEN THROUGH INFORMAL JUSTICE: BRINGING STABILITY TO COMMUNITIES THROUGH FEMALE ENGAGEMENT WITH INFORMAL JUSTICE SYSTEMS - LESSONS FROM PAPUA NEW GUINEA AND BANGLADESH ......................................................... 75 SARAH KUPER MOROCCO’S MURCHIDAT: LEADERS IN SPIRITUAL SECURITY, MODELS FOR GENDER EQUALITY TRANSFORMATION ........................................................................................................... 91 PATRICIA STOTTLEMYER NIGERIA’S CHALLENGE: WOMEN’S ECONOMIC AGENCY AS A TOOL FOR PREVENTING AND COUNTERING VIOLENT EXTREMISM .................................................................................... 108 CHELSEA FISH iii COUNTERING XENOPHOBIA AND TERRORISM BY EMPOWERING WOMEN: HOW THE NEW YEARS ATTACKS HIGHLIGHT THE GENDER COMPONENTS IN FIGHTING TERRORISM Suzanne Knijnenburg Introduction Effective counterterrorism is known to be rooted in respect for human rights. As the UN Secretary General acknowledged “when Governments embrace international human rights norms and standards, promote good governance, uphold the rule of law and eliminate corruption, they create an enabling environment for civil society and reduce the appeal of violent extremism.”.1 This report will discuss the importance of including the fight against xenophobia in countering terrorism and argue that gender plays a paramount role in this effort. Xenophobia is neither defined under international law, nor does it have a universally recognized definition. It was, however, in United Nations context described, as “attitudes, prejudices and behavior that reject, exclude and often vilify persons, based on the perception that they are outsiders or foreigners to the community, society or national identify.” This report will further use this definition.2 The attacks on women in Cologne, Germany on New Year’s Eve will form the starting point for the argument of this report. These attacks have sparked a renewed wave of xenophobia in Europe.3 Xenophobia within this context is based partly on the assumption that Europe is moving toward Islamization, grounded on beliefs of politicians and observers who claim growing visibility of Muslim traditions in Europe such as mosques, headscarves, burqas, and most importantly for this report, the poor treatment of women. Security fears fueled by terrorist attacks often find their roots in these long held beliefs of an unbridgeable civilization gap between Western and Islamic Worlds.4 According to a statement by Alice Edwards during a Thematic Discussion of the 1 DPA’s Politically Speaking, Uprooting Terrorism: Countering violent extremism through prevention 19 February 2015), http://www.un.org/wcm/webdav/site/undpa/shared/undpa/pdf/DPA's%20Politically%20Speaking%20on%20Terrori sm.pdf. 2 This definition was used in a paper by IOM, OHCHR, and ILO, in consultation with UNHCR, see http://www.ohchr.org/Documents/Publications/DimensionsRacismen.pdf 3 Xenophobia does not have a universally recognized definition. It was however described in a paper by IOM, OHCHR, and ILO, in consultation with UNHCR, as “attitudes, prejudices and behavior that reject, exclude and often vilify persons, based on the perception that they are outsiders or foreigners to the community, society or national identify.” Proceedings of a Workshop to commemorate the end of the United Nations Third Decade to Combat Racism and Racial Discrimination, Dimensions of Racism (2005), http://www.ohchr.org/Documents/Publications/DimensionsRacismen.pdf