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STUDY GUIDE

UNWOMEN

RYANMUN’14

LETTER FROM THE EXECUTIVE BOARD

Dear delegates,

It gives us a great amount of elation at the prospect of welcoming you all to the UNWOMEN at RYAN MUN’14.The committee would be the most attended forum of discussion this year and shall be discussing one of the most completing agendas of 2014: Women's access to social systems in conflict and post-conflict settings with special attention on access to the judicial system and participation in electoral processes through social sector reforms and developing other mechanisms.

We earnestly hope that the three days of this conference will prove to be a fruitful and enriching experience for you. For the smooth functioning of the committee we expect from all delegates a good amount of diplomatic courtesy so that you all truly embody the spirit of international delegates representing your respective governments. As this is being written, somewhere women are desperate for their voices to be heard. They want to exercise their rights. They want a seat at the decision-making table. They want to take responsibility for shaping the future of their families, communities and countries in transition from conflicts or still in conflicts. Amidst good debate, heated controversy at RYANMUN’14, being a part of UNWOMEN, you are expected to come up with comprehensive solutions to their problems. With this motive in mind we present before you the background guide on the agenda. But at the same time we consider it important to be mentioned that this guide would act merely as a facilitator of your research or a stepping stone towards the extensive research we expect you all to do. The guide consists of history and mandate of the Committee, a brief on the agenda, some issues which could be discussed and at the end some useful research links.

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HISTORY OF THE UN AND WOMEN

Since the inception of the United Nations, it has supported the rights of women. The founding Charter of the UN declares in Article 1 the fundamental role of the UN “To achieve international co-operation … in promoting and encouraging respect for human rights and for fundamental freedoms for all without distinction as to race, sex, language, or religion.” In this manner, in 1945 itself, this charter endorsed equality between men and women and outlawing sex as a basis for discrimination more forcefully than any preceding legal doctrine or document.

In the first year of the UN's establishment, the Economic and Social Council deemed its Commission on the Status of Women, "the principal global policy-making body dedicated exclusively to gender equality and advancement of women." It's first notable achievement was the emphasis on gender neutrality it provided in the draft Universal Declaration of Human Rights, a landmark Declaration, adopted by the General Assembly on 10 December 1948, reaffirms that “All human beings are born free and equal in dignity and rights” and that “everyone is entitled to all the rights and freedoms set forth in this Declaration, without distinction of any kind, such as race, colour, sex, language, religion, …birth or other status.”

During the 1970's, a wave of nations adopting democratic systems of governance gave birth to the international feminist movement in response to which, the General Assembly declared 1975 as the International Women’s Year and organized the first World Conference on Women in in Mexico City where the decade was Declared as the UN Decade for Women, establishing a Voluntary Fund..

1979 marked the year of adoption of the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW), commonly referred to as the, "International Bill of

Rights for Women"1 in which discrimination against women was formally defined and the and an agenda for national action through analysis of culture and tradition in reshaping gender roles and family relations1. In 1980, the Second World Conference on Women was held in Copenhagen resulting in the Programme of Action to strengthen national measures in ensuring, "women's ownership and control of property, as well as improvements in women's rights with respect to inheritance, child custody and loss of nationality."2

By 1985, the issue of gender equality had management to gain the attention of nations and over 15,000 non-governmental organisations who came to the World Conference to Review and Appraise the Achievements of the United Nations Decade for Women: Equality, Development and Peace, was held convened in Nairobi to give rise to, “the birth of global feminism”3 and the adoption of the Nairobi Forward-looking Strategies to the Year 2000 by 157 participating government who declared, all issues to be women’s issues4.

Till date, the United Nations Fourth World Conference on Women, in Beijing (China) and its outcome document, The Action for Equality, Development and Peace is considered a breakthrough achievement. Its main strategic objectives clearly demanded, “Measures to ensure women's equal access to and full participation in power structures and decision-making. Increase women's capacity to participate in decision-making and leadership”5 The Beijing Platform for Action also, "asserted women’s rights as human rights and committed to specific actions to ensure respect for those rights."2

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HISTORY OF UN WOMEN

Since then, through the Beijing Declaration and Platform for Action and the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW), the UN has achieved considerable advancement in gender equality. Perhaps the most basic, yet most important of these is the official acceptance of gender equality being a basic human right, with tremendous social, economic and humanitarian ramifications.

It was to protect these understandings that UN General Assembly (UNGA) adopted resolution 64/289 as part of the UN reform agenda in 2010, subsequently creating The United Nations Entity for Gender Equality and the Empowerment of Women (UN Women) This committee was born from the merger of the resources and mandates of, "four previously distinct parts of the UN system, which focused exclusively on gender equality and women’s empowerment:

Division for the Advancement of Women (DAW) International Research and Training Institute for the Advancement of Women (INSTRAW) Office of the Special Adviser on Gender Issues and Advancement of Women (OSAGI) United Nations Development Fund for Women (UNIFEM)"6

The founding resolution of UN-Women called upon it, "To lead, coordinate and promote accountability of the UN system in its work on gender equality and the empowerment of women, working across the system through mechanisms including the UN System Chief Executives Board for Coordination (CEB), its High Level Committees on Programmes and Management, the UN Development Group and the Inter-Agency Network on Women and Gender Equality."7 Its mandate additionally requires it to, "assist countries and the United Nations system to progress more effectively and efficiently towards the goal of achieving gender equality, women’s empowerment, and upholding women’s rights8.

The main roles of UN Women are:

"To support inter-governmental bodies, such as the Commission on the Status of Women, in their formulation of policies, global standards and norms.

To help Member States to implement these standards, standing ready to provide suitable technical and financial support to those countries that request it, and to forge effective partnerships with civil society.

To hold the UN system accountable for its own commitments on gender equality, including regular monitoring of system-wide progress.

elimination of discrimination against women and girls; empowerment of women; and Achievement of equality between women and men as partners and beneficiaries of

development, human rights, humanitarian action and peace and security."6

Agreements guiding the work of this committee include:

Convention on the Elimination of All Forms of Discrimination against Women (CEDAW) to which 185 countries are parties

Beijing Declaration and Platform for Action (PFA) of 1995, strengthened in it's in five year reviews since

http://www2.ohchr.org/english/bodies/cedaw/convention.htmhttp://www.un.org/womenwatch/daw/beijing/http://www.un.org/womenwatch/daw/beijing15/

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UN Security Council Resolution 1325 on Women, Peace and Security (2000) which recognized that war impacts women differently, and reaffirmed the need to increase women’s role in decision-making with regard to conflict prevention and resolution.

Millennium Declaration and Millennium Development Goals

The most recent development pertaining to this committee has been the landmark System-wide Action Plan (UN-SWAP) on gender equality and women's empowerment which was adopted on April 13, 2012, at a meeting of the United Nations Chief Executives Board for Coordination for application throughout the UN system. It is an important responsibility of this committee under its current mandate to, "Guide the system coordination on gender."9 For the first time, the UN will have a set of common measures with which to determine progress on gender perspective in work.

TOPIC AREA A: WOMEN’S ACCESS TO SOCIAL SYSTEMS IN CONFLICT AND POST CONFLICT SETTINGS WITH SPECIAL EMPHASIS ON ACCESS TO THE JUDDICIAL SYSTEMS. For centuries, sexual violence and other atrocities committed against women were considered inevitable during times of war. Today, legal frameworks and institutions are in place to provide justice to women affected by conflict and progress is being made. In all situations of conflict, women are disproportionately affected by sexual and gender-based violence, forced displacement, the destruction of civilian infrastructure and the

range of rights violations. The legacy of this violence endures long after a peace agreement is signed. In the past three decades, significant gains have been made in building an international justice architecture which includes accountability for sexual and gender-based crimes. The prosecution of these crimes serves as an important signaling of a break with the past, an assertion of the equal rights of women and an international willingness to protect these rights. For the first time in history, these significant advances have made it possible to

prosecute sexual and gender-based violence in conflict.

However, much remains to be done. The rule of law still often rules out women. Obstacles that prevent women from accessing legal protection for their rights persist, resulting in discrimination and inequality that hamper their ability to live free of violence and

contribute to society as full and equal citizens. In the wake of fighting and destruction, institutions are only rudimentarily functioning, community networks are weakened, small arms proliferate and violence against women continues. The devastation of conflict exacerbates both the challenges and the impact of discrimination. As a result, women have the least access to justice precisely when they need it most. The absence of a strong framework of laws to protect women's rights, backed by effective security and justice institutions to enforce these rights, has wide-ranging impacts. The 2011 World Development Report of the World Bank made important findings on the nexus

http://www.un.org/ga/search/view_doc.asp?symbol=S/RES/1325%282000%29http://www.un.org/millenniumgoals/bkgd.shtml

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among justice, security and development in conflict-affected States. The report noted that where the rule of law and justice are not secured, insecurity and violence continue and development is hampered. As some have noted, violent conflict, with its deaths, disease, destruction and displacement, is equal to "development in reverse". Furthermore, this insecurity and violence, facilitated by a lack of justice or legal frameworks, effectively prevent women's participation in rebuilding their nations—in efforts for reconstruction, peacebuilding and development. Without security, women and girls will not engage in field-based farming or market activity, which is crucial for early recovery and family survival. Girls will not enrol in school. Women will not engage in public life. In short, without justice and security, societies impede the ability of half their population and human resource to contribute to development and peace.

One of the most significant measures of enabling women's participation is through the provision of reparations. As the 2007 Nairobi Declaration on Women's and Girls' Right to a Remedy and Reparation notes, "[justice and] reparations must go above and beyond the

immediate reasons and consequences of crimes and violations; they must aim to address the political and structural inequalities that negatively shape women's and girls' lives". This is paramount because women are more than victims of conflict; they are leaders of peace, justice and democracy.

KEY CONCEPTS

Transition: A period of change from one political regime or system to another, often describing the process of emerging from conflict to peace, when there is a priority effort to create conditions for political stability, security, justice, social equality, and economic recovery.

Gender-responsive governance: The management of public affairs in a manner that addresses the social relations that undermine women’s capacity to participate in public decisions and responds to gender biases and patterns of exclusion. Women’s inclusion in oversight processes and advancing women’s human rights is a key standard against which the performance of officials should be assessed

Gender-responsive governance reforms: Reforms that lead to greater accountability to women by ensuring that institutions respond more effectively to women’s needs and priorities, in particular improving their access to livelihoods and citizenship rights, and require and produce more participation by both women elites and grassroots.

CHALLENGES AND ACTIONS OF UNWOMEN IN PAST The post-conflict momentum presents unique oppurtunities for transformation. UN Women's report, "Progress of the World's Women: In Pursuit of Justice", found that transitions following conflict present not only important opportunities to address injustices faced by women during times of war, but also a chance to transform underlying

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inequalities and gender-based discrimination through the new constitutions, legislative reforms and institution-building put in place. Research shows that restoring basic services, such as education and health care, is vital to women's ability to access justice. To move this forward, the United Nations advocates prioritizing women's security in rule of law initiatives and creating a protective environment for women. Key to success is the provision of support for women's access to justice and law enforcement institutions, and the application of gender expertise and guidance to the formulation of truth commissions, reparations programmes and other transitional service mechanisms. Also of critical importance are economic recovery programmes that prioritize women's involvement in employment creation schemes, community development programmes and delivery of front-line services. This commitment

is outlined in the 2010 Report of the Secretary-General "Women's Participation in Peacebuilding", and his 2011 report "Rule of Law and Transitional Justice in Conflict and Post-Conflict", which called for an increased focus on addressing the underlying economic

and social issues that drive inequality. Most recently, on 24 September 2012, the United Nations General Assembly held a High-level Meeting on the Rule of Law during which Member States adopted a Declaration reaffirming their commitment to the rule of law as a foundation to peace and security, development and respect for human rights. The Declaration recommitted States to "establishing appropriate legal and legislative frameworks to prevent and address all forms of discrimination and violence against women and to secure their empowerment and full access to justice".

Complementing the work of international criminal proceedings, UN Women continues to work towards extending the notion of gender justice to a much-needed focus on the victim. UN Women's approach envisions a comprehensive justice that includes the critical component of reparations, which are a victim's right under international law. In order to strengthen the United Nations approach to women's access to justice post-conflict, UN Women is currently reviewing all programming and funding undertaken in this area. This landmark effort will contribute to placing the issue of women's access to justice at the centre of efforts made by the United Nations in promoting the rule of law in post-conflict societies.

It is important that all transitional justice measures—courts, truth commissions and reparations programmes—place women's needs at their core and further justice for

women. UN Women works to ensure that every United Nations Commission of Inquiry has the investigative expertise on gender crimes needed to secure accountability. Most recently, these efforts have strengthened the likelihood that the ICC will prosecute these crimes in relation to the conflict in Libya. We have also supported truth commission processes in a range of contexts, for example in Kenya, the Solomon Islands and Sierra Leone, to promote women's access to justice. In order to protect and share the wealth of experience accumulated within the International Criminal Tribunal for the Former Yugoslavia and Rwanda and the Special Court for Sierra Leone, we support the legacy and documentation of their work. As part of

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this endeavour, UN Women and the United Nations Development Programme facilitated a New York visit of the leadership of the Sierra Leone Special Court, comprised of women, to brief the Security Council on their work. Their contributions made it evident that these women were not only an important model of women's leadership in post-conflict decision-making but, more importantly, they created foundational international jurisprudence on gender-based crimes, and actively increased women's access to the court through their support for innovative gender-sensitive outreach programmes. These programmes are now replicated by other courts. UN Women is moving forward by working with governments to support legal and institutional reforms, and training and building capacity of those responsible for delivering justice, including the police, lawyers and judges. We are also working to get more women

serving on the front lines of justice.

In Liberia, UN Women supported women in the communities to become crucial players in

peacebuilding and conflict resolution. This was done by facilitating the establishment of so-called Peace Huts that are based on traditional justice systems. At first, these Peace Huts focused on a "shedding the weight" process and counselled women who experienced grief and trauma, as well as supported ex-child soldiers after the civil war. Then, Peace Hut women began hearing cases, and these huts became a safe space where village women came together to mediate and resolve community disputes. This is where they gather to discuss matters that affect their daily lives, where the reconciliation and resolution of conflicts takes place and where women demand police action to end violence against women. It is also where rural women openly and safely discuss issues of inequality, take

decisions on peace and security, and seek justice.

In Haiti, UN Women supports associations in helping female survivors of gender-based violence receive medical and legal care in rural areas. Broad sensitization campaigns and cooperation with local security committees led to less tolerance of violence against women in the community. These changes send a strong message to potential perpetrators. Men are now more hesitant to beat women because they are aware of the measures and laws in place and do not want to be punished or imprisoned.

In Kenya, we are supporting the Government to establish an association of women police officers to promote their role in law enforcement and security reform. This association will

be a platform where policewomen can develop leadership skills, support one another and advance gender-sensitive policies and practices throughout the force. We must further increase our support for paralegal centres and mobile courts in conflict-affected societies and improve comprehensive training on justice for gender-based crimes for all actors in the justice chain, from prosecutors to judicial investigators and public defenders. We must improve measures to ensure the protection of victims and witnesses and enhance women's participation so that they can benefit from transitional justice processes and reparations programmes.

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Harnessing the potential of this moment and sustaining the required political will remains a challenge. It demands not only a greater emphasis on rule of law and justice, but a dedicated focus on justice for women. In peacebuilding settings, the focus of the support of the United Nations should, therefore, include three core elements: to secure justice and accountability for the crimes experienced by women in conflict; to rebuild national justice systems from the ground up, with women's participation, access and gender sensitivity as central components; and to link the judicial response to a broader and transformative notion of justice and equality for all.

Ultimately, the rule of law must empower individuals and further their participation in reconstructing their societies, so that all people have an opportunity to contribute and

share in the dividends of peace and justice.

TOPIC B: WOMEN’S PARTICIPATION IN ELECTORAL PROCESS IN CONFLICT AND POST CONFLICT SETTINGS

WOMEN IN SOCIETY

Figures, statistics, studies and history have proven that empowering women fuel economies, spur productivity and growth and yet gender inequalities remains deeply embedded in every society. A vicious cycle evolves as a lack of education, health care and access to decent work leads to further occupational segregation, gender wage gaps and hence a lack of economic independence. This compounded with an under-representation in political and economic decision-making processes makes women victims of violence, discrimination and disproportionate vulnerability in times of conflict, humanitarian emergencies and natural disasters, while remaining isolated from the preparedness and recovery processes. Paradoxically, "failing to protect women’s rights and employment opportunities can threaten sustainability of governance reforms and community stability. For example, countries with only 10% of women in the labour force are nearly 30 times more likely to experience internal conflict than are states with 40% of women in the labour force."12 Only four percent of signatories in peace processes included women, and women were absent from chief mediating roles in UN-brokered talks14. For this reason, not only are women worse affected, but the worst represented when advocating for equality or relief

Essentially, women make up half of the world’s population, with universally recognised rights. Women's participation in elections is also a facet of peace building which can be inculcated through popularly supported legitimate institutions. "Only when institutions are democratic and representative of all groups in society women as well as men, minorities as well as majorities, the dispossessed as well as the affluent are stable peace and national prosperity likely to be achieved."12

RELEVANT UN ACTION

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This clear link between women's participation and stability of peace building efforts has been widely accepted in many instruments and declarations that Member States have adopted worldwide. The United Nations Security Council, in its resolution 1325 (2000) of 31 October 2000, "Calls on all actors involved, when negotiating and implementing peace agreements, to adopt a gender perspective, including, inter alia: (c) Measures that ensure the protection of and respect for human rights of women and girls, particularly as they relate to the constitution, the electoral system, the police and the judiciary." The Beijing Declaration and Platform for Action, adopted by the Fourth World Conference on Women in 1995, linked peace with the equality of women and men. Additionally, At its forty-eighth session, on 14 March 2004, the Commission on the Status of Women called, on Governments, and participants, "to Ensure equal access of women in all stages of the electoral process including to consider the adoption of measures for increasing women's participation in elections through, inter alia, individual voter registration, temporary gender-specific positive actions and access to information, representation in bodies administering elections and as election monitors and observers, as well as encouraging political parties to involve women fully and equally in all aspects of their operations.” Clauses 6 and 7 of the UN-Women Strategic Plan, 2014-2017 respectively highlighted that, "The outcome document of the UN Conference on Sustainable Development (Rio+20) identified gender equality and women’s empowerment as a priority and a cross-cutting issue, and reaffirmed the centrality of gender equality and women’s empowerment to sustainable development in its three dimensions." and "The Parties to the UN Framework Convention on Climate Change (COP 18) recognized that gender equality and the effective participation of women are important for effective action on all aspects of climate change." Most importantly, Chapter VI of the UN Charter defines mediation as “a process whereby a third party assists two or more parties, with their consent, to prevent, manage or resolve a conflict by helping them to develop mutually acceptable agreements.” In keeping with its responsibility for the maintenance of international peace and security, the Council has identified the participation of women, in peace building, peacekeeping, and peace-making, as essential for the development of strong peace processes.

A POST CONFLICT POTENTIAL

In the course of long and brutal conflicts many nations were broken apart as socio-political dynamics evolved and realigned. This lead to a change in the roles of women who, while dealing with the impact of conflict understood their impact on their nation and its politics. The greater community responsibilities that women took on during the fighting - due largely to men’s involvement in the conflict - helped them to play an active role in bringing the violence to an end in each country. In particular, it offers a chance for women to translate more active roles - assumed out of necessity during conflict - into greater formal involvement in post-war societies11.

In the course of peace building and restoration, conflicted regions with volatile landscapes also show scope for development or a new inclusive political framework that promotes modern ideologies particularly a broadening of women’s participation in democratic elections and other aspects of peace- building. However, this scope, varies with the setting and also how efficiently women’s groups are capable of mobilizing themselves effectively after conflicts to facilitate political participation. Often, the potential for peace negotiations in post-conflict countries involving new institutions or new laws, inevitable creates scope for revolutionary policies that depart from to given women greater freedom and opportunity in elections.

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Elections can in fact serve as one of the most accurate parameters for assessing the progress of peacebuilding efforts. In the decade since the importance of women’s involvement in peacebuilding was recognised by UNSCR 1325, there have been notable signs of improvement. Many post-conflict countries now feature well over the global average of 18.5 percent female representation in their national parliaments.10 In the African continent, where internal conflict and marginalization was once the greatest, Rwanda claimed the world’s highest ratio of women to men in parliament, and today Rwandan women hold 64 percent of the country’s legislative seats. In Senegal, Seychelles, and South Africa, women hold more than 40 percent of parliamentary seats, compared with more than 35 percent in Angola, Mozambique, Tanzania, and Uganda. Across the continent, the rates of women in parliament tripled between 199013. This goes to prove that that advancing women’s participation is perhaps a viable prospect, but the scope of its application relies heavily on political will and regional landscapes.

CHALLENGES

While electoral participation grants women the chance to translate newfound roles into formal representation, a report by the International Alert claimed that it, “Expose[s] women to lingering discriminatory mind sets and cultural practices that are considerable barriers to their greater political participation.”

Further, many of the prerequisites of the conflict such as poverty, exclusion and violence are inevitably involved in the electoral process or propaganda. While electoral structures may be new, they are subject to the same regressive perspectives and creating considerable barriers in women’s’ attempts to seize the new opportunities, legally valid. In post conflict nation that have been subject to prolonged violence, social uncertainty can create tensions and encourage further factionalism. The lack of efficient governmental responses to such conditions, is also a huge deterrent for women participants. Additionally, after centuries of cultural marginalization, women in many sections of the world lack financial independence, political skills and traditional and religious practices continue to deter women from moving beyond their domestic roles.

Perhaps the biggest issue is that of patriarchal set ups in political parties. Often, the existing parties in a nation are dominated by strong male leader, making it hard for women to establish substantial standing. Such barriers are a result of the electoral system, laws and the restrictions they impose. Another issue that persists is that of Political parties being dominated by a single, strong leader. "Post-conflict societies often present additional obstacles to women’s equal participation in elections, including the following: entrenched military groups; volatile security situations; disproportionately large numbers of refugee and displaced women; gender-based violence; inadequate institutions for the protection and enforcement of women’s political rights; the exclusion of women from the peace negotiations and consultations held to determine the type and details of the electoral process; and a lack of international or domestic investment in bringing women together as political players around common agenda."12.

In conclusion, while conflict gives rise to a unique opportunity to provide equal representation of women in peace making, peacekeeping, and peacebuilding processes, there are many factors that have, do and will continue to deter progress, unless resolved. This resolve must not only incorporate legislative acceptance of a right to vote for women, but

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rather social reforms to allow these women the safety, encouragement and tools to fully participate as candidates and voters.

FUTURE COURSE OF ACTIONS:

While there is widespread support for women’s representation in the electoral process, the implementation is often inadequate in its approach. This is mostly because there exists no uniform perspective on the framework of this "representation" and no guidelines for its pursuit. However, there possible mechanisms for encouraging such representation do exist, and involve extant social systems, or invite their reforms.

Some of these include:

Building accountability through constitutional review: In nations reviving from conflicts, the constitution must be formulated in an inclusive manner to ensure diverse demands, particularly civil, political, women have. In Egypt for example, UN Women supported grassroots organizations in holding a National Women’s Convention to discuss their priorities

Introducing certain types of electoral systems that give better outcomes for women; for example political parties are more likely to diversify their lists in proportional representation systems in order to attract more voters

Introducing quotas to guarantee women’s representation in government: though some may argue against its fairness, Rwanda’s quota system has ensured that 56.3% of Politicians are women

Encouraging facilities catered towards women who participate in elections: These can include childcare and family to tackle the issue of domestic restrictions. For example, the Scottish parliament boast has its own public crèche

Setting up sources of funding: To address the inability of women to raise funds, special funds such as the Progressive Conservative and Liberal Parties Established funds provide training programmes and give financial support directly to women

Involving Women's groups and non-governmental organisations to Network of Women Politicians around the world

While this guide merely introduces the ideological, social and political factors that influence the scope of women’s access to electoral participation, every nation has a unique interpretation of them. It is therefore the duty of this committee to consider the multitude of perspectives while discussing the opportunity, the problems and possible solutions, legal and social, to make electoral politics accessible to women in conflict and post conflict regions.

CASE STUDY: ERITERIA

December 1997 is the start of events to mark the 50th anniversary of the Universal

Declaration of Human Rights. The commemorations and recent UN reforms which have led

to the upgrading of the office of the UN Human Rights Commissioner will focus renewed

attention on the capacity and willingness of the international community to protect human

rights. Emerging from the ashes of the Second World War, the protection of civilians during

conflict was at the heart of the Universal Declaration. However, the proportion of civilian

casualties in conflicts since the Second World War is close to 95%, compared to 5% in the

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First World War and 50% in the Second.1 These conflicts have been paralleled by massive

increases in the number of refugees and displaced worldwide to 40 million persons, of

whom over 80% are women and children.2

Along with the UN, multilateral bodies, most recently the World Bank, governments, and

development NGOs are increasingly reassessing their roles and responsibilities in these

conflicts. These actors are debating how to ensure the fullest civilian participation in the

prevention and cessation of conflict and in the reconstruction and rehabilitation phases. As

part of this debate and as a result of decades of simply addressing women as victims of

conflict (as refugees in full flight or as passive victims left behind, the international

community has begun to acknowledge the role of women in peacemaking at least at

community level. Looking at the causes of armed conflict a gender gap in attitudes toward

the use of military force has been identified with men at about 10 - 15% more likely to

prefer the use of military force over women in diverse situations.3 A UN expert group on

Political Decision Making and Conflict Resolution has determined that including women in

peacemaking will "encourage a greater awareness of gender issues, gender-based crimes,

and the needs of excluded and marginalised peoples."4

Recently, there has been more thorough and more thoughtful analyses of the role of women

in conflict, (not least due to the widespread acknowledgement of women's participation in

the genocide in Rwanda). Increasingly international bodies are applying "gender analysis"

to conflict studies and searching for a fuller picture of the role of women in conflicts and

the ways to harness the important benefits which armed struggles may lead to in the form

of social and institutional change.

Perhaps the most significant change in the approach to conflict analysis is recognition that

it is not only an outcome, or a social response to inequality, which forces people into new

roles and responsibilities they were previously denied. Conflict also offers a real possibility

of transforming gender relations in society.5

The following case study explores the impact of conflict on gender relations in Eritrea, now

enjoying peace after a 30 year liberation struggle. Eritrea is known throughout the world

for its images of trousered women in flak jackets: this signified a huge change for women

who were largely confined to the peasant farming sector prior to the war. Almost one-third

of combatants during the struggle were women, a higher percentage than in any other

liberation army.6 It is also important to note that Eritrea's liberation army developed a

code of gender equality during wartime which it has now translated into legislation in its

new role as government. The long-term implications of this widespread transformation of

roles, responsibilities and rights are assessed below.

The liberation struggle

Eritrea has a long history of invasion and occupation: first came the Turks, followed by the

Egyptians. Italian colonisation gave way to British administration, and finally the

annexation by Ethiopia's emperor Haile Slassie, in 1962, which provoked the 30 year war

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of independence. Eritrea, with its poor soil and inhospitable highlands, was attractive to

colonial powers mainly for its 1,000 km coastline and Red Sea port at Massawa. Italian rule

(1895-1941) is remembered for "its apartheid type segregation, and more especially for its

denial of any education beyond elementary level to the Eritrean population."7

Almost half the population is Coptic Christians, most of the rest are Muslims, although there

are Catholic and Protestant minorities. According to Tesfai, the British in Eritrea (1941 -

1952) "stuck to their perception that highland, predominantly Christian Eritrea belonged

to Ethiopia and lowland, predominantly Muslim Eritrea should join the Sudan.

Discrimination against Muslims was institutionalised and justified by this analysis".

Eritreans resisted and frustrated the British (and Ethiopian) plan to dismember the

country. The liberation struggle, officially born in 1961, a year prior to Ethiopia's forced

annexation of Eritrea, ended in victory in 1991 when the EPLF (Eritrean People's

Liberation Front) took Asmara, the capital city. In April 1993 over 98% of Eritreans voted

in favour of independence from Ethiopia. Today Issaias Afeworki heads the one and only

political party in Eritrea, the People's Front for Democracy and Justice (PFDJ).8

Women's roles before independence

There is relatively little evidence available on the real life struggles of Eritrean women

under colonial rule, although some commentators have recorded accounts of deep and

widespread oppression.

Women on the front line

The EPLF recruited tens of thousands of women from their homes to the front line and

brought many more into the struggle as health care workers, teachers, and support

personnel. Eritreans frequently refer to the "65,000 martyrs" or official troops who lost

their lives during the 30 year war. Up to one third of these troops were female; 95,000

fighters survived the war, over 30,000 women among them. More than half of these women

fighters have children.13

Fighting and working side by side with men during the struggle dramatically altered the

social and traditional constraints under which women previously lived. Reproductive roles

and relations were fundamentally altered in the EPLF marriage law of 1977. This law

changed many of the traditional practices in Eritrean society and transformed the lives of

those in the armed forces and civilian society in EPLF controlled or liberated areas.

The law stated specifically that "the feudal marriage norm based on the supremacy of men

over women [and] arbitrary and coercive arrangements ...shall be banned. The new

democratic marriage law, based on the free choice of partners, monogamy, the equal rights

of both sexes, and legal guarantees of the interests of women and children shall be

implemented. Polygamy, concubinage, child betrothal, interference in the remarriage of

widows, and other marriage presentations shall be abolished".14

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The EPLF passed by-laws to outlaw the practice of female genital mutilation and health

education programmes were developed to discourage the practice: both initiatives are

credited with successfully reducing its prevalence in some villages. Birth control and family

planning information were made available to combatants and non-combatants; pregnancy

leave from "the front" was mandatory and included a six month leave period for mothers to

be with their infants. These maternity leave mothers remained active, however, caring for

the children of other combatants in community crèches when mothers returned to front

line duty.15

In 1979 the EPLF created the National Union of Eritrean Women (NUEW) to increase

female participation in the liberation struggle, chiefly by expanding access to education,

removing discriminatory provisions in land and inheritance laws, and promoting the

principle of equal pay for work of equal value.

Molyneux documents a similar transformation in her review of the impact of women's

participation in the Nicaraguan struggle for independence.16 It is clear that such

transformations of policies, roles and rights, welcome and long overdue as they are, can

derive as much (and possibly more) from the practical demands of war time as from any

commitement to equality. While liberation armies may well harbour ideals of equality,

supporting women's access to family planning, maternity leave, and education are all very

much in the interests of the struggle.

"Winning the war" simply requires that previously unrecognised rights of women (to

education and basic health services) are urgently addressed. Such an abrupt change of

thinking and service provision is ultimately designed to enhance women's capacity to

deliver on the aims of their male leaders. Meeting women's practical needs in this regard is

consistent with the "Women in Development" approach to development interventions, in

which resources are targetted at women as instruments in the development process, rather

than to promote an end - the goal of equality.

Meeting women's practical needs can also be an opportunity to meet their strategic goals. If

through training, education, and access to services, women can enhance and further their

pursuit of equality, conflict does indeed offer the possibility of real and lasting positive

change.

After the conflict: reconstruction in Eritrea

Much of Eritrea's infrastructure was destroyed by the war, with many towns and villages

totally devastated, roads damaged and livestock populations decimated. Today Eritrea is

one of the poorest countries in the world, with a GDP per capita of $960, well below the

sub-Saharan GDP average of $1,377. Gender Development Indexes and Gender

Empowerment Measures are not yet available from the UNDP, however, Eritrea's Human

Development Index at 0.269, is one of the world's lowest (on a scale from zero to one).17

Page | 16

During the war, about 500,000 Eritreans, mainly from the western lowland provinces

which had borne the brunt of war, fled into neighbouring Sudan. The Eritrean Diaspora

includes a further 200,000 resident in Europe, the US and Africa.

Since the end of the war, about 110,000 people have spontaneously returned, along with

25,000 others through organised repatriation, 80% of them from the Sudan. A major task

facing the country has been the repatriation, reintegration and rehabilitation of returnees,

and the simultaneous reintegration of nearly 50,000 demobilised combatants.18 Today

there are nearly 16,000 female ex-combatants reintegrating into Eritrean civil society.19

Prior to the 1993 independence referendum the EPLF committed itself to a programme of

decommissioning arms and a comprehensive programme for the reintegration of ex-

combatants into civil society. A recent review of the process has concluded that it took

place in almost complete peace and that it represents one of the most comprehensive

programmes attempted in sub-Saharan Africa.20

With other groups in society, former soldiers are trying to exploit the economic

opportunities offered by independence and stability. Given their skills and relatively high

literacy rate, they are, on average, better qualified than many others. Their high level of

motivation and discipline derived from years of struggle are seen as key resources which

can be used to gain employment or to otherwise improve their situation. However, to date

only about 7,000 ex-combatants have found permanent employment, or self-employment,

leaving over 41,000 potentially unemployed.21

To co-ordinate its rehabilitation programme the Eritrean Government established the

Eritrean Relief and Refugee Commission (ERREC) with a special division, Mitias, to support

the reintegration and rehabilitation of ex-combatants. Mitias provides training, skills

development and counselling.

The Gender Unit of Mitias, which focused specifically on the reintegration of female ex-

combatants has recently been subsumed into a Social Counselling Unit (SCU). This aims to

address the social needs of women ex-combatants, and provide training programmes in

technical and business skills, administration and credit for small scale enterprises.

According to Worku Tesfamichael, the co-ordinator of the Social Counselling Unit, the

major challenges facing women ex- combatants are "lack of skills, no resources and no job

experience".22

The Unit has 20 trained counsellors, 7 based in Asmara, with 13 in the provinces. There are

5 female counsellors. Maintaining the support system and social bond which developed

between fighters during the years of struggle remains an important function of the work of

Mitias. In a visit to Bidho, a handicraft income generation project supported by Mitias in

Asmara, counsellor Biri Johannes described Mitias' objectives: "Bringing the women

together to avoid them losing the sense of comradeship, with a long-term aim of economic

sustainability."23

Page | 17

The EPLF commitment to equality

The EPLF's stated commitment to equality continued after independence. Following the

referendum in April 1993, the new government set about creating a new constitution,

"based on widespread participation and consultation with civil society." The consultation

took place over 3 years throughout Eritrea, the US, the Middle East, the EU and Africa.

Eritrea's recently appointed Attorney General, Mr. Mussa Naib believes that the EPLF's

commitment to participation and legal literacy emerged as a direct result of the nature of

the relationship of the EPLF with civil society and its volunteers during the armed struggle.

"Participation was not something we thought of after independence," Naib has insisted. "It

was not a new aspect to the work of the EPLF with civil society."24

According to Naib, who headed the Civic Education Committee of the Eritrean Constitution

Committee, the Government realised that to ensure the participation of women in

Constitutional discussions a special consultation procedure was needed to enable the

Commission to hold separate discussions for women, allowing them space to raise and

explore specific women's issues and rights.

As a result, the authors of the new Constitution say it reflects grassroots concerns. Naib

also contends that the process has led to a much higher level of "ownership" of the final

document. He describes the first draft of the Constitution, released in 1996, as a "secular

document" which holds all persons equal before the law. Article 14.2 states unequivocally

that: "No person may be discriminated against on account of race, ethnic origin, language,

colour, sex, religion, disability, political belief or opinion, or social or economic status."25

The government has also attempted to address the issue of inheritance and access to

resources under the 1994 "Land Proclamation" which guarantees women equal rights to

land ownership. Necessary legislative changes have finally been completed, and the

important Proclamation should see its first test cases soon.

The new government also ratified the Convention on the Elimination of all Forms of

Discrimination Against Women (CEDAW) in 1995. Prior to ratification the Convention was

translated into three languages and used as an education tool to provoke discussion with

community groups during the Constitutional Education Project. Last year, in the most

recent effort to promote equality, Parliament officially decided to reserve 30% of all seats

for women. Women are also allowed to compete for the remaining 70% of seats. The

National Union of Eritrean Women was at the forefront of the campaign for equitable

representation in Parliament. With a nationwide membership of 200,000 and 600 staff, the

Union also promotes women's increased access to literacy classes, vocational training,

child-care facilities and new technologies, running projects in a number of these sectors.

Page | 18

Thus on a political and legal level Eritrean women enjoy the equal rights which

characterised the liberation struggle and which were promised on independence. However,

there are clearly enormous problems integrating the gains made by women during the

struggle more deeply into the political process and into society in general. Patriarchal

traditions are deeply rooted in Eritrea and the challenge remains, according to Attorney

General Mussa Naib "to develop the mechanisms and instruments that will promote the

application of our commitment to equality". Such mechanisms are in the making, but the

details "take time".26

Some see the merging of the Gender Unit into the SCU as clear example of a lack of

commitment or understanding of the fundamental problems faced by the female ex-

combatants. The transfer of a training unit into the SCU suggests a distinct lack of

appreciation of the full needs of women. It is increasingly evident that women's post-

conflict needs are far wider than social issues. Economic needs must be addressed and if

not met, cultural change in favour of women will be impossible to maintain.

According to Worku Zerai: "Economic dependency and unemployment is sending many

women ex-combatants back to their villages and to a traditional lifestyle, dominated by the

patriarchy." Women in urban centres where much of the Eritrea's industry is based face

precarious working conditions and low pay. According to a preliminary study by Zerai, the

majority of women workers (75.2%) earned an income of between 100-400 Birr (£10-40

per month) well below the average income per head.27 These women are unskilled and

found mainly in textile, leather and chemical factories and according to Zerai's research, the

majority of these workers (88.3%) have never had access to any form of additional training

or skills development in their jobs.

For women ex-combatants with little access to income in the cities, returning to their

village may prove traumatic. With their dramatically different experiences and lifestyles

during combat, they may well be estranged from their families. For women ex- combatants

this trauma is exacerbated by the reality that the social roles of women in combat and in

traditional society differ much more than the roles of men in military and civilian life.

During the armed struggle, the EPLF may have supported equal rights and responsibilities

but according to a comprehensive German study, "once back home, the family often expects

the women to undertake their traditional tasks and to obey their parents and their

husbands."28

Grasping the opportunities provided by new legislation is also proving difficult for women

in the face of the strong patriarchal traditions. While the new Constitution provides women

with the option of appealing under national law in pursuit of a divorce or to contest land

ownership, a woman who does so risks isolation from and within tight-knit local

communities.

Page | 19

While detailed evidence is not yet available which elaborates further on the social and

psychological obstacles facing women in pursuit of their civil rights, according to UNICEF

“there is ample anecdotal evidence that women, particularly poor, rural, uneducated

women, will not take a man - and especially her husband - to court, if he has wronged her."

For women who are fearful and reluctant to use the civil courts, their first resort is local

community structures. "A customary, traditional or shari'a court will be the first avenue of

redress, and in this court - which will often consist of a panel of male elders who may view

women as second-class citizens - traditional patriarchal rules will apply."29

Research suggests many women do not want to return to traditional village life and are

more likely to live alone. This is one of the contributing factors in the rapid rise in urban

female- headed households in Eritrea.30

These women (and their children) may well be part of a heathy form of protest and their

decision to remain in urban areas may be an important aspect in the survival of the social

and cultural gains brought on by their participation in the conflict. However, in light of the

patriarchal tradition, it is clear that female-headed households will face a measure of social

isolation because of this choice. Research into the specific needs of this group is warranted

but with little evidence to suggest that appropriate employment opportunities are available

for these (and other) women, increased investment in training, credit and access to housing

and health services is essential.

Collaboration for change in post- conflict Eritrea

The reconstruction period in Eritrea offers both threats and opportunities for women. It

can mean losing gains towards greater equality or it can mean women firmly establishing

the new roles which they acquired in wartime. The benefits which the conflict may have

brought about include changes in the division of labour, household structures, and in

traditional marriage relationships, along with the emergence of women's organisations

which systematically lobby for women's rights at a high political level. To capitalise on and

maintain these advances, women clearly need access to economic resources, or the means

(education and training) to acquire them.

In spite of a clear and possibly unprecedented commitment from the Eritrean Government

on public representation and equality, there is a danger that Eritrea's women and men may

not see the real fruits of their struggle in terms of gender equality. This could happen if

economic insecurity and poverty mean a retreat to traditions which undermine women's

human rights and which deny them full participation in the benefits of liberation. The

Eritrean Government must ensure that strategies to promote gender equality during the

liberation struggle are seen as more than a short term measure. Long term work for

equality must move beyond legislative change in this post- conflict period. Financial

resources specially targetted to support women's participation are critical, and public

Page | 20

education and social awareness programmes must complement existing legislation to

enable women to fully benefit from legislative change.

Consultation and gender sensitive responses must guide any intervention in the post-

conflict period. Priorities for action for international donors should include legal and

political literacy for women, with targeted support for women's understanding of their

civil, political and economic rights and education for men on those rights. In addition,

support must focus on economic empowerment through education and skills training. To

participate in such training, women have to be freed from the constant demands of family

and community responsibilities. During the post-conflict period, when multilateral and

bilateral donors are likely to target support on infrastructure development, there is a

danger that basic needs such as rural water supplies and improved access to health

services for rural communities can be ignored.

The 1995 EU Gender Resolution promised coherence between development co-operation

and other policies, including trade, environment, agriculture, foreign and security policy.

The Commission and member states have recognised the need to ensure disaggregation of

data by gender at project level and the need to include this in all aspects of their work. The

Commission and member states should therefore support the collection of gender

disaggregated data in all country strategies and use such data to inform all stages of

policymaking. In view of the EU's increasing emphasis on trade as a means to development,

it is vital to carry out a gender analysis of the impact of trade liberalisation measures on

Eritrean women. Just as development co-operation policy aims to reduce gender

disparities, (point II.2 of the EU Gender Resolution), equally, the reduction of gender

disparities should be an objective of trade policy.

Any long term strategy for working with local NGOs should be characterised by an open

dialogue, the ability to listen to critical questions from partners, transparency in

approaches to working together, and the investment of sufficient time and resources in this

process. In this way partnerships can be built rather than declared. ACORD31 reviewed its

gender training experience in Eritrea in its 1996 annual report and described the process,

whereby persons learn new perceptions and (gender) approaches during training, but turn

back to old ones immediately afterwards, as a process of "de and re- magnetisation".

The agency claims that such de and re-magnetisation" occurs when individuals are re-

oriented through gender planning training (gender awareness plus gender analysis and

planning tools) but cannot, as individuals, successfully reorient their organisation's

direction of thinking. Like many others before it, ACORD argues for an integration of

gender analysis "into the programme's activities, its structure, its design; otherwise no

change will happen."32

Possible components of a strategy for international agencies and Northern NGOs working

with local NGOs on gender in post-conflict situations include:

Page | 21

joint training workshops on gender and conflict;

commissioning research which documents and synthesises the experiences of men and

women in conflict situations;

strengthening the resource base of local women consultants, trainers and experts for

employment in post-conflict situations, which will enhance the likelihood of culturally

sensitive, gender-balanced perspectives being incorporated into planning;

providing gender sensitive local NGOs with opportunities to contribute to the design of

strategies and long term planning for post-conflict situations;

undertaking research and practical activities to discover the concept of gender as it is

expressed in each society, and discussing with local NGOs the liberating and oppressive

aspects of this concept.33

In the midst of the poverty that is often both a consequence and a cause of conflict and the

many demands of post-conflict reconstruction, progress on the implementation of equality

legislation, and investment in women's education, training and skills development is likely

to be seen as a luxury that simply must wait. To guard against this multilateral donors and

Northern NGOs should target their support at such measures to ensure that the advances in

equality, which are the result of conflict and social change, can be maintained.

BIBLOGRAPHY

1. http://www.un.org/womenwatch/daw/cedaw/

2. .http://www.un.org/en/globalissues/women/

3. http://archive.episcopalchurch.org/32862_56995_ENG_HTM.htm

4. http://www.un-documents.net/nfl-intr.htm

5. http://www.un.org/womenwatch/daw/beijing/platform/declar.htm

6. http://www.unwomen.org/en/about-us/about-un-women

7. http://papersmartv4.unmeetings.org/media/3123520/draft_strategic_plan_2014_2017.pdf

8. www.escrnet.org/usr_doc/UN_Women_presentation_ENG.ppt

9. http://www.unwomen.org/en/news/stories/2012/4/un-women-welcomes-a-landmark-action-

plan-to-measure-gender-equality-across-the-un-system/

10. http://www.ipu.org/wmn-e/arc/world300909.htm

11. www.unwomen.org/-

/media/Headquarters/Media/Publications/en/05CGenderandPostConflictGovernance.pdf

12. http://www.un.org/womenwatch/osagi/wps/publication/WomenAndElections.pdf

13. http://webarchive.ssrc.org/workingpapers/CPPF_WorkingPapers_WomenInPolitics_01_Tripp.pdf

14. http://www.unwomen.org/~/media/Headquarters/Media/Publications/en/03AWomenPeaceNeg.pdf

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The liberation struggleWomen's roles before independenceWomen on the front lineAfter the conflict: reconstruction in EritreaThe EPLF commitment to equalityCollaboration for change in post- conflict Eritrea