A DECADE LOST i ABOUT THE AUTHORS The Center for Human Rights and Global Justice (CHRGJ) brings together and expands the rich array of teaching, research, clinical, internship, and publishing activities undertaken within New York University (NYU) School of Law on international human rights issues. Philip Alston and Ryan Goodman are the Center’s Faculty co-Chairs; Smita Narula and Margaret Satterthwaite are Faculty Directors; Jayne Huckerby is Research Director; and Veerle Opgenhaffen is Senior Program Director. The Global Justice Clinic (GJC) at NYU School of Law provides high quality, professional human rights lawyering services to individual clients and non-governmental and inter-governmental human rights organizations, partnering with groups based in the United States and abroad. Working as legal advisers, counsel, co-counsel, or advocacy partners, Clinic students work side-by-side with human rights activists from around the world. The Clinic is directed by Professor Margaret Satterthwaite and in Fall 2010 to Spring 2011 was co-taught with Adjunct Assistant Professor Jayne Huckerby; Diana Limongi is Clinic Administrator. All publications and statements of the CHRGJ can be found at its website: www.chrgj.org. This Report should be cited as: Center for Human Rights and Global Justice, A Decade Lost: Locating Gender in U.S. Counter-Terrorism (New York: NYU School of Law, 2011). © NYU School of Law Center for Human Rights and Global Justice A DECADE LOST 1 ACKNOWLEDGEMENTS The Global Justice Clinic (GJC)/Center for Human Rights and Global Justice (CHRGJ) at New York University (NYU) School of Law acknowledges the following individuals for their contributions in the preparation of this report. Project Director Jayne Huckerby, Research Director, CHRGJ and Global Justice Clinic, NYU School of Law Project Manager Lama Fakih, Gender, Human Rights, and Counter-Terrorism Fellow, CHRGJ, NYU School of Law Principal Authors and Researchers Jayne Huckerby, Research Director, CHRGJ and Global Justice Clinic, NYU School of Law Lama Fakih, Gender, Human Rights, and Counter-Terrorism Fellow, CHRGJ, NYU School of Law Project Advisor Margaret Satterthwaite, Faculty Director, CHRGJ and Global Justice Clinic, NYU School of Law Researchers CHRGJ Gayle Argon, Summer 2011, Center Associate, CHRGJ, NYU School of Law Ravi Mehta, Fall 2010, Center Associate, CHRGJ, NYU School of Law Danielle Moubarak, Spring 2010-Fall 2010, Center Associate, CHRGJ, NYU School of Law Elizabeth Sepper, Spring 2010, Center Fellow, CHRGJ, NYU School of Law Global Justice Clinic Alexander (Sascha) Bollag, Spring 2011 Student Advocate, Global Justice Clinic, NYU School of Law Richard Bailey, Summer 2010 Intern, CHRGJ/Global Justice Clinic, NYU School of Law Shyama Chatterjee, Spring 2011 Student Advocate, Global Justice Clinic, NYU School of Law Nicole Cubides, Spring 2011 Student Advocate, Global Justice Clinic, NYU School of Law Brandon Cunningham, Fall 2010 Student Advocate, Global Justice Clinic, NYU School of Law Joanna Edwards, Spring 2010 Student Advocate, International Human Rights Clinic, NYU School of Law Lisa Fong, Fall 2010 Student Advocate, Global Justice Clinic, NYU School of Law April Gu, Spring 2010 Student Advocate, International Human Rights Clinic, NYU School of Law Nalini Gupta, Spring 2011 Student Advocate, Global Justice Clinic, NYU School of Law Renee Hatcher, Spring 2011 Student Advocate, Global Justice Clinic, NYU School of Law Andrea Laidman, Fall 2010 Student Advocate, Global Justice Clinic, NYU School of Law Lea Newfarmer, Spring 2011 Student Advocate, Global Justice Clinic, NYU School of Law Nyasha Pasipanodya, Summer 2010 Intern, CHRGJ/Global Justice Clinic, NYU School of Law Sofia Rahman, Fall 2010 Student Advocate, Global Justice Clinic, NYU School of Law Jessica Su, Fall 2010 Student Advocate, Global Justice Clinic, NYU School of Law Elvia Zazueta, Fall 2010 Student Advocate, Global Justice Clinic, NYU School of Law Tiseme Zegeye, Spring 2011 Student Advocate, Global Justice Clinic, NYU School of Law Additional Research, Production and/or Other Assistance: Isabelle Bourgeois, Spring 2011 Center Associate, CHRGJ, NYU School of Law 2 A DECADE LOST Hilda Lui, Summer 2011 Intern, CHRGJ, NYU School of Law Anthony Mohen, Summer 2011 Consultant, CHRGJ, NYU School of Law Sarah Rutledge Alex Sinha, Summer 2011 Intern, CHRGJ, NYU School of Law Veerle Opgenhaffen, Senior Program Director, CHRGJ, NYU School of Law Institutional and Project Support Atlantic Philanthropies Open Society Institute Open Society Initiative for Eastern Africa, Nairobi, Kenya Bilgi University Human Rights Research Center, Istanbul, Turkey Art Direction/Cover Design and Graphics Joe Namy Media FITZGIBBON / Media LLC Cover Photo Sgt. 1st Class Reeba Critser, Third Army/U.S. Army Central PAO, www.dvidshub.net Photos Lynsey Addario, VII Network Chris Bartlett, The Detainee Project, www.detaineeproject.org Thomas Good, NLN Spc. Kristina Gupton, Combined Joint Task Force 101, www.dvidshub.net Yussuf Ismail, Garissa Youth Project, Education Development Center, Inc. Hadi Mizban, Associated Press Ho New, Reuters Feisal Omar, Reuters Mario Tama, Getty Images FBI Cincinnati Division DEDICATION CHRGJ and the Global Justice Clinic, NYU School of Law dedicate this Report to the advocates who inspired, contributed to, and supported its production. Your stories, struggles, and commitment to advancing gender equality in a decade of terror and counter-terror have been integral to this research. In particular, CHRGJ wishes to thank the dozens of advocates who shared their expertise and insights at the Regional Stakeholder Workshops, collaborating across a wide range of countries and areas of expertise to identify and address the intersections of gender and counter-terrorism. This Report would not have been possible without your contributions. A DECADE LOST 3 CONTENTS About the Authors 1 Acknowledgements 2 Table of Contents 4 Table of Acronyms 7 Executive Summary 9 Methodology 11 SECTION I: Engendering Counter -Terrorism: Toward a Gender Framework 13 Why Gender Matters 13 What Gender Means 15 Overview of USG Counter-Terrorism 15 Gender: Key Elements and Terms 16 Strategic Gendering: the USG on Women and National Security 18 Tracing the Nexus 18 The Nexus in Practice: Women’s Inclusion and Rights as Counter-Terrorism 19 Unpacking the USG’s Linkages 20 Taking Stock: the USG’s Record on Gender and Counter-Terrorism 21 Parameters for Engendering Counter-Terrorism 21 The Gendered Experience of USG Counter-Terrorism: Patterns to Date 22 Moving Forward: Ten Conclusions and Recommendations 26 SECTION II: Gender and Development Activities to Counter Violent Extremism 30 Development as a Pillar of USG National Security Strategy 30 Evolution of USAID: Toward Gender, Toward National Security 30 USAID and Gender 31 USAID and National Security 31 Development-National Security Nexus in Practice 31 USAID Programs to Counter Violent Extremism 31 Military Development Activities 34 Gender and Analytic Frameworks for Counter-Violent Extremism Activities 35 Gender and the Development-National Security Nexus: Shifting Landscapes 37 Overview 37 Gender and CVE Project Funding 37 Gender and CVE Project Beneficiaries 38 Gender, CVE Project Design, Stakeholders, and Implementation 41 Gender in the Monitoring and Evaluation of CVE Programs 45 Case Study: G-Youth, Kenya 49 Recommendations 52 4 A DECADE LOST SECTION III: Gender and Militarized Counter–Terrorism 54 Overview 54 Gender in National Security Apparatus: Opportunities and Challenges 56 Overview 56 Lessons from Female Engagement Teams (FETs) in Afghanistan and Iraq 56 Promoting Women’s Inclusion in Foreign Units to Counter Terror 59 Gender Impacts of USG and USG-Supported Military Operations 60 Proliferation of Non-State Violence and Failure to Protect 60 Failure to Respect Women’s and LGBTI Rights 63 Gender Impacts of USG Security Assistance 66 Gender Integration in Post-Conflict and Conflict-Resolution Programs 67 Recommendations 68 SECTION IV: Gender and USG Anti-Terrorism Financing Regimes 70 Gender Features of Anti-Terrorism Financing 70 Locating Anti-Terrorism Financing in Holistic Counter-Terrorism 72 Gendered Impacts on USG Partners and Partnerships 73 Profile of USG and Charitable Sector Grantees 73 Partnerships to Combat Terrorism 75 Impact on Safety of Women’s and LGBTI Organizations 76 Gender, Humanitarian Relief and Peace-Building Activities 77 Recommendations 79 SECTION V: Gender and Tactical Counter-Terrorism: Intelligence and Law Enforcement Measures and Cooperation 81 Overview 81 Gender Features of Pre-Detention Preventive and Investigatory Measures 81 Drivers of Violent Extremism 82 Surveillance and Investigations 82 Community Engagement Programs 83 Gender Impacts of Pre-Detention Preventive and Investigative Measures 84 Gender Impacts of Interrogation, Detention, and Prosecution 86 Primary Impacts 86 Collateral Impacts 91 Recommendations 95 SECTION VI: Gender, Border Securitization, and Immigration Enforcement 97 Overview 97 Gendered Impacts on Cross-Border Movement 97 Passenger Screening and Vetting 97 Border Securitization and Migrants, Trafficked Persons and Refugees 99 Failure to Protect: Material Support Bars and the Trafficking-Terror Nexus 100 Scope and Application of Material Support Bars 100 Securitized Approaches to Trafficking 100 Gender Impacts of Immigration Enforcement to Counter Terrorism 101 Disproportionate Focus on Male MASA Immigrants 101 Collateral Impacts on Female Family Members 102 Community Insecurity 102 Female Immigration