0521517923 cambridge university press the gender of reparations unsettling sexual hierarchies while redressing human rights violations jul 2009

This page intentionally left blank the gender of reparations Unsettling Sexual Hierarchies While Redressing Human Rights Violations Reparations programs seeking to provide for victims of gross and systematic human rights violations are becoming an increasingly frequent feature of transitional and post-conflict processes Given that women represent a very large proportion of the victims of these conflicts and the authoritarianism generating them, and that women arguably experience conflicts in a distinct manner, it makes sense to examine whether reparations programs can be designed to redress women more fairly and efficiently and seek to subvert gender hierarchies that often antecede the conflict Focusing on themes such as reparations for victims of sexual and reproductive violence, reparations for children and other family members, as well as gendered understandings of monetary, symbolic, and collective reparations, The Gender of Reparations gathers information about how past or existing reparations projects dealt with gender issues, identifies best practices to the extent possible, and articulates innovative approaches and guidelines to the integration of a gender perspective in the design and implementation of reparations for victims of human rights violations Ruth Rubio-Mar´ın is a Chair in Comparative Public Law at the European University Institute in Florence, Italy, and holds a tenured position in constitutional law at the Law School of Seville She is author and editor of several books, including Immigration as a Democratic Challenge (Cambridge University Press, 2000), The Gender of Constitutional Jurisprudence (Cambridge University Press, 2004), and What Happened to the Women? Gender and Reparations for Human Rights Violations (2006) The Gender of Reparations unsettling sexual hierarchies while redressing human rights violations Edited by ´ RUTH RUBIO-MARIN International Center for Transitional Justice CAMBRIDGE UNIVERSITY PRESS Cambridge, New York, Melbourne, Madrid, Cape Town, Singapore, São Paulo, Delhi, Dubai, Tokyo Cambridge University Press The Edinburgh Building, Cambridge CB2 8RU, UK Published in the United States of America by Cambridge University Press, New York www.cambridge.org Information on this title: www.cambridge.org/9780521517928 © Cambridge University Press 2009 This publication is in copyright Subject to statutory exception and to the provision of relevant collective licensing agreements, no reproduction of any part may take place without the written permission of Cambridge University Press First published in print format 2009 ISBN-13 978-0-511-59631-5 eBook (NetLibrary) ISBN-13 978-0-521-51792-8 Hardback Cambridge University Press has no responsibility for the persistence or accuracy of urls for external or third-party internet websites referred to in this publication, and does not guarantee that any content on such websites is, or will remain, accurate or appropriate Information regarding prices, travel timetables, and other factual information given in this work are correct at the time of first printing, but Cambridge University Press does not guarantee the accuracy of such information thereafter Contents page vii Acknowledgments ix Contributors Photo Credits: “Gender, Memorialization, and Symbolic Reparations,” in The Gender of Reparations xiv International Center for Transitional Justice (ICTJ) xv Introduction: A Gender and Reparations Taxonomy Ruth Rubio-Mar´ın Gender and Violence in Focus: A Background for Gender Justice in Reparations Margaret Urban Walker The Gender of Reparations in Transitional Societies Ruth Rubio-Mar´ın Reparation of Sexual and Reproductive Violence: Moving from Codification to Implementation Colleen Duggan and Ruth Jacobson Reparations as a Means for Recognizing and Addressing Crimes and Grave Rights Violations against Girls and Boys during Situations of Armed Conflict and under Authoritarian and Dictatorial Regimes Dyan Mazurana and Khristopher Carlson Repairing Family Members: Gross Human Rights Violations and Communities of Harm Ruth Rubio-Mar´ın, Clara Sandoval, and Catalina D´ıaz v 18 63 121 162 215 vi Contents Tort Theory, Microfinance, and Gender Equality Convergent in Pecuniary Reparations Anita Bernstein Gender, Memorialization, and Symbolic Reparations Brandon Hamber and Ingrid Palmary Gender and Collective Reparations in the Aftermath of Conflict and Political Repression Ruth Rubio-Mar´ın Index 291 324 381 403 Acknowledgments This project has been a longer venture than expected, and I have incurred many debts in the time it has consumed First and foremost, I want to express my immense gratitude to the International Center for Transitional Justice (ICTJ) for hosting the project and lending it unconditional support The institution is in general an incredibly stimulating place, with extremely able and hard-working professionals The research unit, committed as it is to research that combines both normative and empirical inquiries, is a wonderfully stimulating setting for those of us coming from the academic world but aspiring to make a concrete contribution to some of the most urgent themes on the contemporary international agenda Special thanks go to Juan M´endez and Paul van Zyl, president and vice-president of ICTJ, for their support and trust My greatest thanks go to Pablo de Greiff, director of the research unit, for the time he has devoted to supervise the project and carefully read and discuss each of the chapters, always providing useful insight yet always allowing for autonomous decision making and judgment Also within the research unit, I would like to express my gratitude to Roger Duthie, who has provided invaluable assistance, meticulously editing all of the chapters The help of Lizzie Goodfriend and Debbie Sharnak with the organization of the meetings to discuss the work in progress as well as with the administration of the project deserves special recognition Finally, I would like to thank ICTJ’s Colombia team, and in particular Catalina D´ıaz and Andrea Bolanos ˜ for their help in organizing a conference in Bogot´a to explore the findings of the research The Gender of Reparations is a book that explores a subject that had never before received specific and in-depth scholarly attention Two elements have made it possible First, the courage of the authors who decided to venture into this new domain, many of whom confessed to being challenged and motivated by the opportunity to explore new ground and by the wide set of expertise that writing each of these chapters required Thanks to all of them for their vii viii Acknowledgments courage and their patience throughout the endless rounds of revisions that this process of reciprocal learning and ongoing discussions has entailed The book was also facilitated by the empirical research provided in a previous volume (What Happened to the Women? Gender and Reparations for Human Rights Violations, Ruth Rubio-Mar´ın, ed [New York: Social Science Research Council, 2006]) My gratitude to the authors who participated in it and to the many victims and civil society organizations for the interviews and the data provided for the elaboration of the country studies This project was supported by a grant from the International Development Research Centre (IDRC) Within it, I would like to thank Colleen Duggan for her great support and her enthusiastic engagement with the project I would like to dedicate my share of the contribution to this book to my husband, Pablo, for all the personal and professional support he has lent me during the years this project has lasted, including during some especially rough times I owe my opening to the transitional justice field to him and will never be able to thank him enough for the personal enrichment that this expansion has brought about 402 Ruth Rubio-Mar´ın far, and to draw lessons about the measures needed to prevent discrimination and ensure intergroup equality (including group rights).30 The conclusions and deficits identified in each national conversation stirred up by reparations claims will vary, in part because there are competing and changing conceptions of what equal citizenship means These variations show how, although inspired by a universalist ethos, democracy remains a historically grounded and shaped venture, always open for revisitation with an eye both to the past and the future This becomes even more obvious when we underscore the fluid boundaries between the “ordinary” and “extraordinary” forms of violence, marginalization, and exclusion signaling the “before” and the “after” of a certain historical episode collectively understood as “the dark ages.” Rather than taking place at one single point in time with final closure as a necessary end station, the struggle for reparations can recur whenever sufficient progress in either democratic conviction or practice has been made to “signal” a foundational break with the past, enabling a collective reinterpretation of the meaning and relevance of both past and present forms of exclusion For women, who have thus far rarely been the protagonists of discussions about historical injustices and reparations,31 this opens up the possibility that, in time, all of the genderbased forms of systemic discrimination, violence, and subordination will come to be judged as “extraordinary” and, hence, as essentially antithetical to the democratic promise, triggering, among other things, a call for reparations 30 31 In fact claims of reparations and restitution have been crucial to push indigenous people’s agenda for broader recognition of group rights including self-government rights See Barkan, 94–97 According to John Torpey, it is primarily the “Holocaust analogy” that has allowed race and ethnicity to have a greater intuitive appeal as criteria for determining membership in a victim group and therefore accounts for the predominance of ethnicity and race-based reparations movements over those which have or could have focused on different criteria of victimization, including gender or class (John Torpey, “‘Making Whole What has Been Smashed’: Reflections on Reparations,” The Journal of Modern History 73, no [2001]: 351–352) It seems to me that an insufficient analysis of the gendered dimensions of episodes predominantly portrayed as “religion, race or ethnicity-based,” including the Holocaust, suggests that the root causes for the historical neglect of gender based violence may be only partially explained by the lack of a Holocaust-type analogy On gender and the Holocaust, see Leonore J Weitzman and Dalia Ofer, eds., Women in the Holocaust (New Haven, CT: Yale University Press, 1998) Index Abortion forced (See Sexual and reproductive violence) reform of laws, 156–157 Administrative reparations, 132, 218, 284, 288–290 Afghanistan oppression of women in, 338–339 Agency of women, representing, 339–345 AIDS Quilt, 366 Amnesty International, 28–29, 49 Anglo-Boer War, 337–338, 341–342 Apologies children as victims, 209–210 gender and, 367–368 generally, 114–115, 369–371, 372–374 individual versus collective reparations, 353–354 persons not directly involved in violence, by, 363–364 stigmatization, overcoming, 364–365 Appropriation, violence as, 390 Arbitrary detention and inhuman treatment, 242–243, 249–252 Argentina children as victims in analysis of reparations, 177, 179 monetary compensation, 190, 191–192 reparations, 185–186 defining beneficiaries in, 89–90 evolution of reparations in, 399 families as victims in children as beneficiaries, 279–280 defining victims, 267–268 distribution of reparations, 282 parents as beneficiaries, 280–281 reparations, 262 surviving victims versus non-surviving victims, 289 monetary compensation in, 107–108, 291–292 rehabilitation and reintegration in, 112–113 transitional justice in, 381–382 Ashe, Arthur, 349–351 Ata Turk, 35 Australia, 399 Aylwin, Patricio, 353–354, 363–364 Bangladesh microcredit in, 310–311 Basic services See Non-monetary services Bernstein, Anita, 9–10, 17 Biko, Steve, 342–343 Biological engineering, violence as, 390–391 “Blood money,” 141–142, 296 Bop, Codou, 53–54 Bosnia caregivers, targeting of, 156–157 monetary compensation in, 143 sexual and reproductive violence in, 344, 368–369 Women Victims of War Association, 368–369 Brandt, Willy, 363–364 Brazil defining beneficiaries in, 89–90 families as victims in children as beneficiaries, 279 defining victims, 267–268 distribution of reparations, 282 403 404 Index Brazil (cont.) parents as beneficiaries, 280 reparations, 263–264 spouses, partners and companions as beneficiaries, 279 transitional justice in, 381–382 welfare analysis in, 320–321 Canada Indian Residential Schools, 141–142 monetary compensation in, 141–142, 143 Cape Town Principles, 188 Caregivers as victims children, harm to, 170 mothering, targeting of, 38–39 rehabilitation and reintegration, relevance to, 111–112 Carlson, Khristopher, 8–9, 13–14, 129–130, 137, 142–143, 153 Categories of violence framework, 58 gender-multiplied violence, 52–56 gender-skewed violence, 51–52 generally, 23, 47–48 normative violence (See Normative violence) overlapping of, 56 sexual and reproductive violence (See Sexual and reproductive violence) Catholic Church, 373 Chad, 54–55 Charlesworth, Hilary, 39–40 “Cheap talk,” 296, 322 Chechnya families as victims in, 235–237 Chikane, Frank, 363 Children as victims active role of children, 168 actual violations, focus on, 212 age and time limitations on benefits, 185–186 age-appropriate benefits, 186–187 anti-discrimination principle in responding to, 214 child rights organizations, role of, 212–213 collective reparations, 202–209 challenges to participation, 207–209 creative approaches, 206–207 generally, 202–206 girls’ and boys’ clubs, 206–207 deaths, 166 defining children challenges in, 184 generally, 165 problems with perception of, 213 dependents, as, 184–185 educational services for, 196–198 enumeration of crimes, 169–170 exclusion from reparations, 187–189 forced recruitment of, 188 gendered analysis of, 169–173 gender-just reparations for, 174–175 gender-specific violence, 167–168 generally, 162–165 health services for impossibility of full restoration, 211–212 memorialization, 201–202, 210 mental health services for, 199–201 monetary compensation, 190–194 amount of, 190–191 distribution of, 193–194 eligibility for, 191–192 financial management skills, 192–193, 194 importance of, 194 limitations on, 202 multiple harm requirement for benefits, 187 nation-by-nation analysis, 176–184 tables, 178–185 nonmonetary services, 195–199 outreach to, 189, 213–214 psychological rehabilitation, 199–201 reparations age and time limitations, 185–186 age-appropriate benefits, 186–187 collective reparations, 202–209 exclusion from, 187–189 gender-just reparations, 174–175 generally, 173–174, 189, 214 monetary compensation, 190–194 multiple harm requirement, 187 nonmonetary services, 195–199 psychological rehabilitation, 199–201 restitution of property, 194–195 symbolic reparations, 209–211 tables, 178–185 restitution of property, 194–195 secondary harms, 167 secondary victims, as, 184–185 sexual and reproductive violence, 171 statistics, 166 symbolic reparations, 209–211 apologies, 209–210 combination with monetary compensation, 209 education and, 211 generally, 209 Index memorialization, 201–202, 210 public gestures, 210 traditional forms, 210–211 targeting of, 212 women’s organizations, role of, 212–213 Chile apologies in, 353–354 children as victims in analysis of reparations, 177, 179 monetary compensation, 190–191 outreach to, 189 psychological rehabilitation, 200 reparations, 186 Commission on Political Imprisonment and Torture, 189, 262–263, 271 defining beneficiaries in, 89–90 embezzlement in, 299–300 Ethical Commission against Torture, 262–263 evolution of reparations in, 399 families as victims in children as beneficiaries, 279–280 defining beneficiaries, 271 defining victims, 267–268 distribution of reparations, 283–284 non-monetary services for, 285 parents as beneficiaries, 281 reparations, 262–263 siblings as beneficiaries, 281 spouses, partners and companions as beneficiaries, 274–279 surviving victims versus non-surviving victims, 289 monetary compensation in, 107–108, 291–292 National Truth and Reconciliation Commission, 262–263 rehabilitation and reintegration in, 110–111 symbolic reparations in, 325, 327–328 transitional justice in, 381–382 Valech Commission, 285 Citizenship, right to, 154–155 Cock, Jacklyn, 337–338, 340 Cockburn, Cynthia, 28–29, 33–34, 338–339 Coherence of reparations, 14–15 Coleman, Jules, 302 Collective reparations children, for, 202–209 challenges to participation, 207–209 creative approaches, 206–207 generally, 202–206 girls’ and boys’ clubs, 206–207 continuum of violence and, 391–393 405 democracy and, 399–402 democratic state-building and, 394 equality and, 387 extraordinary violence and, 392–393 forms of, 394–395 gender and, 388–393 generally, 96–97, 381–385 geographical focus, 385 group-based harm and, 385–388 individual reparations and connection with, 395 preservation of, 395–396 institutional reforms, 394 legal reforms, 394 membership in group, focus on, 385 modality of distribution, as, 385 monetary compensation, 396–397 public goods, as, 385 redress of harm through, 394 rehabilitation, 397–398 restitution, 396 satisfaction, 397–398 sexual and reproductive violence, for, 396–397 transformative dimension of, 398–399 Colombia abortion laws in, 157 Commission on Reparations and Reconciliation, 63–64 focus on women, 76–77 sexuality and violence in, 86–87 “Comfort women,” 13–14, 64–65, 139–140, 344–345, 369–373 Common elements of reparations, 71–72 Communities as victims, 95–96 Compensation See Monetary compensation Complexity of reparations, 13–14 Congo See Democratic Republic of Congo Continuum of violence collective reparations and, 391–393 destruction of normal life order, 29–31 generally, 28–29 necessity of confronting, 32–33 predictive value of, 31–32 sexual and reproductive violence and, 30–31 theoretical framework, 29 Contrition, 363 Convention on the Elimination of All Forms of Discrimination against Women, 83–84 Convention on the Rights of the Child (CRC), 165, 171–173, 196–197 Credit NGOs, 305–306 406 Index Crittenden, Ann, 320–321 Cultural engineering, violence as, 390–391 Curie, Marie, 343 Damages moral damages (See Moral damages) reparations as, 295 Darfur displacement in, 54–55 sexual and reproductive violence in, 52–53 Davis, Jefferson, 349–351 de Greiff, Pablo children and, 174 collective reparations and, 399–400 reparations and, 69 symbolic reparations and, 365 taxonomy of, 11–12 tort theory and, 292, 295, 296 Delano, Jane, 343 Democracy and reparations, 399–402 Democratic Republic of Congo household level, violence at, 332–333 prosecution of violence in, 159–160 rape laws in, 160–161 sexual and reproductive violence in, 46 Denormalization of discrimination, 82–85 Dependents, 232 Destructive synergies, 20–21, 59 D´ıaz, Catalina, Direct victims, 231–232 Disappearances, 233–235, 239–240, 242, 246–247, 248, 257–258 Displacement, 54–55, 80–81 Dowler, Lorraine, 334–335 Dual function of reparations, 382–383 Duggan, Colleen, 7–8 Duvalier family, 299–300 Earhart, Amelia, 343 East Timor See Timor-Leste Educational services children, for, 196–198 families, for, 284–285 Egeland, Jan, 30–31 Emphasis on women, Empowerment of men through violence, 25–26 Enabling women to speak truth normative violence, effect of, 74 public campaigns, role of, 74–75 truth and reconciliation commissions, role of, 76–77 women’s organizations, role of, 75–76 Engendering harm cultural definitions and, 97–98 degree of harm, relevance of, 98–99 gender bias, effect of, 100–101 generally, 97 type of harm, relevance of, 99–100 widows and widowers, 98 Ethiopia embezzlement in, 299–300 European Court of Human Rights (ECHR) Article 2, 225–226 Article 3, 232–239 Article 13, 232–233, 235–237 Article 41, 221–222 burden of proof in, 288 defining victims, 221 disappearances, 233–235 flexibility of reparations, 223 generally, 217 injured parties, family members as, 232–239 monetary compensation, 238 moral damages, 235 next of kin, 287–288 monetary compensation in generally, 288 injured parties, family members as, 238 successors, family members as, 226 moral damages in injured parties, family members as, 235 successors, family members as, 226–227 tables, 235–237 procedures for obtaining reparations, 221–222 restitutio in integrum principle, 222–223 successors, family members as, 225–228 distribution of reparations, 227–228 monetary compensation, 226 moral damages, 226–227 torture, 238–239 Exploitation, violence as, 390 Extrajudicial killings, 242–243, 247–248 Extraordinary violence against women, 392–393 Families as victims administrative reparations, 288–290 benefits tailored to needs of, 271–274 children as beneficiaries, 279–280 defining beneficiaries, 269–271 defining victims, 215–216, 268 disappearances and, 233–235, 248 distribution of reparations, 282–284 ECHR, reparations in injured parties, family members as, 232–239 Index successors, family members as, 225–228 educational services, 284–285 feasibility of reparations, 289–290 generally, 91–92, 215–219 health services, 284–285 IACHR, reparations in family treated as unit, 259–261 injured parties, family members as, 239–261 monetary compensation, 257–261 moral damages, 245–257 successors, family members as, 228–231 inheritance rights and, 94–95 injured parties, family members as ECHR, reparations in, 232–239 IACHR, reparations in, 239–261 mental health services, 284–285 monetary compensation ECHR, in, 226, 238, 288 IACHR, in, 257–258 moral damages ECHR, in, 226–227, 235 IACHR, in, 245–248 nontraditional families, 94 parent and child, 95, 137 parents as beneficiaries, 280–281 regional human rights systems, reparations under, 219–220 scarcity of resources and, 93–94 secondary victims, 92–93 sexual and reproductive violence, 136–137, 244–245 siblings as beneficiaries, 281 spouses, partners and companions as beneficiaries, 274–279 successors, family members as ECHR, reparations in, 225–228 IACHR, reparations in, 228–231 surviving victims versus non-surviving victims, 269–271, 289 torture and, 238–239 training programs, 284–285 Family life, right to, 154–155 Female subordination, violence as assertion of, 389–390 Feminism, 393–394 Feminizing dehumanization gender bias, effect of, 79, 81–82 generally, 78 sexual and reproductive violence inclusion in reparations considerations, 78–79 overshadowing of other forms of violence, 80–81 407 stigmatization from, 80 Fenster, Tovi, 376–377 Finality of reparations, 15 Fischer, Braam, 342–343 Foeken, Ingrid, 45 Forced abortion See Sexual and reproductive violence Forced disappearances, 233–235, 239–240, 242, 246–247, 248, 257–258 Forced displacement, 54–55, 80–81 Gagarin, Yuri, 359–360 Gandhi, Mahatma, 342–343 Gardam, Judith, 39–40 Gender-multiplied violence, 52–56 Gender-neutral reparations, 2–3 Gender-skewed violence, 51–52 Geneva Conventions, 121–122 Germany Federal Supplementary Law for the Compensation of Victims of National Socialist Persecution, 100–101 transitional justice in, 381–382 Ghana apologies in, 353–354 collective reparations in, 96–97 memorialization in, 347 National Reconciliation Commission, 144–145, 151, 329 nonmonetary services in, 144–145 symbolic reparations in, 151, 325, 327–328, 329–330 Gibson, Perla Siedle, 342–343 Goldblatt, Beth, 45, 53–54, 132–133, 286 Grameen Bank, 312 Grant, Ulysses S., 349–351 Green, Llezlie, 335–337 Growth in reparations, 1–2 Guarantee of nonrepetition of violence generally, 116–119 reform of laws, 155–161 sexual and reproductive violence, 155–161 Guatemala apologies in, 364–365 caregivers, targeting of, 156–157 children as victims in analysis of reparations, 177, 179 exclusion from reparations, 187–189 harm to, 163 monetary compensation, 190–192 outreach to, 189 Commission for Historical Clarification, 265–266, 329–330 engendering harm in, 98 408 Index Guatemala (cont.) families as victims in defining victims, 268 disappearances and, 239–240, 242 distribution of reparations, 282 non-traditional families, 94, 231 parents as beneficiaries, 95, 280 reparations, 265–266 secondary victims, 92–93 forced displacement in, 80–81 homicide in, 159 inheritance laws in, 157–158 Land Fund, 157–158 monetary compensation in, 106, 139–140, 142, 291–292 mothering, targeting of, 38–39 National Commission for Reparations, 265–266 National Reparation Program, 139–140, 147–149, 157–158, 187–189, 265–266, 282 nonmonetary services in, 147–149 punishment of gender transgression in, 36 sexual and reproductive violence in, 36–38, 78, 133, 135–136, 138 sexuality and violence in, 86–87 symbolic reparations in, 151–152, 329–330 Guevara, “Che,” 352–353 Guillerot, Julie, 140–141, 280–281 Haiti embezzlement in, 299–300 monetary compensation in, 291–292 Hamber, Brandon, 10–11, 13–14, 397–398 Hashimoto, Ryutaro, 372 Health services children, for families, for, 284–285 sexual and reproductive violence, for, 146 Henderson, Conway, 50–51 Heyzer, Noeleen, 159 Honwana, Alcinda, 147 Human Rights Watch, 18–19, 29, 45, 52–53, 160 Humphrey, Michael, 377–378 Importance of reparations, 23–24, 61–62 Indirect victims, 231–232 Individual versus societal aims of reparations, 67–72 Inheritance distribution of reparations and, 282–284 reform of laws, 157–158 right of, 94–95 Injured parties, family members as ECHR, in, 232–239 monetary compensation, 238 moral damages, 235 next of kin, 287–288 IACHR, in, 239–261 extended family members, 240–241 next of kin, 241–245, 287 Instrumentalism, 296–297 Integrity of reparations, 14–15 Inter-American Court of Human Rights (IACHR) arbitrary detention and inhuman treatment, 242–243, 249–252, 258–259 Article 2.15, 223–224 Article 5, 242–244, 246–247 Article 8, 242–243, 246–247 Article 8.1, 242–243 Article 25, 242–243, 246–247 Article 63.1, 224, 287 burden of proof in, 288 collective reparations in, 386–387 complaints in, 223–224 defining victims, 224 dependents, family members as, 232 disappearances, 239–240, 242–243, 248, 257–258 extrajudicial killings, 242–243, 247–248 families as victims family treated as unit, 259–261 injured parties, family members as, 239–261 monetary compensation, 257–261 moral damages, 245–257 successors, family members as, 228–231 flexibility of reparations, 225 generally, 217–218, 287 injured parties, family members as, 239–261 extended family members, 240–241 next of kin, 241–245, 287 monetary compensation in, 257–261 arbitrary detention and inhuman treatment, for, 258–259 disappearances of family members, for, 257–258 generally, 288 presumptions, 257–258 tables, 258 moral damages in, 245–257 case-by-case basis, 252–254 multiple victims, effect of, 248 presumptions, 245–247 tables, 248 Index type of crime, effect of, 247–248, 249–252 variations in, 247–248, 249–252 restitutio in integrum principle, 224–225 Rules of Procedure, 223–224 successors, family members as, 228–231 defining victims, 230 distribution of reparations, 230–231 moral damages, 229–230 non-traditional families, 231 presumptions, 228–229 symbolic reparations in, 254–257 torture, 243 International Center for Transitional Justice (ICTJ), 3, 32–33 International Criminal Court (ICC), 18–19, 121–122, 125, 169–170, 172–173, 183–184 International Criminal Tribunal for Rwanda (ICTR), 18–19, 183–184 International Criminal Tribunal for the Former Yugoslavia (ICTY), 18–19, 183–184 International Symposium on Sexual Violence in Conflict and Beyond, 121–122 Iraq microfinance in, 306–307 Israel memorialization in, 354–355 women and work in, 376–377 Ivory Coast welfare analysis in, 320–321 Jackson, “Stonewall,” 349–351 Jacobson, Ruth, 7–8 Jamaica welfare analysis in, 320–321 Japan apologies in, 369–371, 372–373 Asian Women’s Fund, 371–372 “comfort women” and, 13–14, 64–65, 139–140, 344–345, 369–373 monetary compensation in, 371–372 John Paul II, 373 Judicial reparations, 4–5 Kabbah, Ahmad Tejan, 329 Kenya welfare analysis in, 320–321 King, Jamesina, 39, 96–97, 154 Lean, Sharon, 366–367 Lee, Robert E., 349–351 Levinger, Esther, 353, 360–361 Lewis, Stephen, 52–53 409 Liberia children as victims in, 183 rape laws in, 160 Lincoln, Abraham, 349–351 Lindsey, Andrew, 362 Liu Institute for Global Issues, 152 Loewen, James, 351 Louciades, Loukis, 235–237 Lovdal, Lynn, 359 Lusi, Lyn, 46 Luthuli, Albert, 342–343 Malawi memorialization in, 351–352 Male exchanges, 33–35 Male power, violence as assertion of, 390 Male solidarity through violence, 28, 33–34 Mandela, Nelson, 342–343 Marginalization of violence, 26–27 Marschall, Sabine, 337–338, 342–343, 361–362, 365–367 Masculinity contests, 27–28 Material reparations See Monetary compensation Maury, Matthew Fontaine, 349–351 Mazurana, Dyan, 8–9, 13–14, 129–130, 137, 142–143, 153 M´edecins Sans Fronti`eres, 146 Meintjes, Sheila, 45, 53–54 Memorialization design considerations, 360–362 effect of, 210 embodying individual meaning in, 358–364 gender differences in, 358–364 generally, 201–202 individual versus collective representation, 346–354 “living” versus “dead” memorialization, 358–360 use of space, 362–363 women and, 341–343 Men, violence against, 57–58, 127–128 Mengistu Meriam, Haile, 299–300 Mental health services children, for, 199–201 families, for, 284–285 Microcredit, 303–304, 310–311 Microfinance advantages over transfer payments, 307–311 credit NGOs, 305–306 defined, 303–304 expansion of credit, possibility of, 308–309 formal institutions, 305 410 Microfinance (cont.) gender and generally, 312–313 lack of control over money, addressing, 313–316 shareholding, 316–318 welfare analysis, 318–322 generally, 303 global enthusiasm for, 310 informal institutions, 305 microcredit distinguished, 303–304 new institutions, 306–307 partnership with existing institutions, 306 security of, 308 semiformal institutions, 305 services, access to, 309 shareholding gender and, 316–318 generally, 304–305 pooling of capital, 307 social effects of, 309–310 welfare analysis, 318–322 Monetary compensation avoiding discrimination in, 105–106 benefits of, 296–297 “blood money,” 141–142, 296 children, for (See Children as victims) collective reparations, 396–397 damages, as, 296 distribution of, 107–108 ECHR, in generally, 288 injured parties, family members as, 238 successors, family members as, 226 economic dimension of violence, 108–109 engendering of compensation, 104 families, for ECHR, in, 226, 238, 288 IACHR, in, 257–258 forms of, 103–104 generally, 322–323 IACHR, in, 257–261 arbitrary detention and inhuman treatment, for, 258–259 disappearances of family members, for, 257–258 generally, 288 presumptions, 257–258 tables, 258 justice and, 294–297 microfinance (See Microfinance) moral damages (See Moral damages) necessity of, 296 obstacles to, 106–107 Index property or economic rights versus other rights, 104–105 purposes, 103 recognition of violations and, 297–300 restitution children, for, 194–195 collective reparations, 396 sexual and reproductive violence, for, 138–143 shortcomings of, 296 Moral damages ECHR, in injured parties, family members as, 235 successors, family members as, 226–227 tables, 235–237 families, for ECHR, in, 226–227, 235 IACHR, in, 245–248 IACHR, in, 245–257 case-by-case basis, 252–254 multiple victims, effect of, 248 presumptions, 245–247 tables, 248 type of crime, effect of, 247–248, 249–252 variations in, 247–248, 249–252 Morocco Arbitration Commission, 17 Equity and Truth Commission, 17, 63–64, 97–98, 105–106 focus on women in, 76–77 gendered nature of violence in, 50–51 Independent Arbitration Instance, 105–106 monetary compensation in, 105–106 Mothering, targeting of, 38–39 Mozambique memorialization in, 351–352 Multidimensional nature of violence, 59 Munificence of reparations, 15–16 Mutilation See Sexual and reproductive violence Naidu, Ereshnee, 351–352 Namibia memorialization in, 351–352 Nesiah, Vasuki, 104–105 Ni Aolain, Fionnuala, 216–217 Nightingale, Florence, 343 Nonmaterial reparations rehabilitation and reintegration (See Rehabilitation and reintegration) symbolic reparations (See Symbolic reparations) Nonmonetary services Index children, for, 195–199 educational services children, for, 196–198 families, for, 284–285 health services children, for families, for, 284–285 sexual and reproductive violence, for, 146 mental health services children, for, 199–201 families, for, 284–285 sexual and reproductive violence, for health services, 146 non-monetary services, 143–149 psychosocial services, 146–149 Northern Ireland Healing Through Remembering, 354–355 Widows Against Violence, 334 Norwegian Nobel Committee, 293 Nyerere, Julius, 352–353 Oakley, Annie, 343 Obuchi, Keizo, 372 Official apologies See Apologies Openness of reparations, 16–17 Ostracism, 344, 368–369 Overview, 5–11 Palmary, Ingrid, 10–11, 13–14, 332–333, 397–398 Pankhurst, Emmaline, 343 Paris Principles, 188 Patriarchy, 314, 315–316 Paz y Paz Bailey, Claudia, 37–38, 106 Pecuniary compensation See Monetary compensation Peru Association Kuyanakuy, 366 children as victims in analysis of reparations, 177, 179, 181 consultation with, 176 monetary compensation, 191 non-monetary services, 196–197, 198–199 outreach to, 189 psychological rehabilitation, 200 symbolic reparations, 211 Comprehensive Reparations Plan, 264–265 consultation with women, 355–356 demands for reparations in, 375 engendering harm in, 98 families as victims in defining victims, 268 distribution of reparations, 283–284 nonmonetary services for, 285–286 411 nontraditional families, 94 parents as beneficiaries, 95, 280–281 reparations, 264–265 secondary victims, 92–93 sexual and reproductive violence in, 244–245 torture and, 243 focus on women in, 76–77 forced displacement in, 80–81 monetary compensation in, 140–141, 142, 291–292 non-monetary services in, 147–149 public gestures in, 369 punishment of gender transgression in, 36 sexual and reproductive violence in, 78–79, 133, 137, 138 sexuality and violence in, 86–87 symbolic reparations in, 151–152, 329–330 Truth and Reconciliation Commission, 140–141, 191, 196–197, 198–199, 264–265, 285–286, 289 victims’ groups in, 334 Peterson, V Spike, 35–36 Pinochet, Augusto, 299–300, 353–354, 363–364 Pocahontas, 343 Polygamy, 94, 231 Post-traumatic stress disorder, 147 Preexisting structures of subordination, attempts at subverting, 101–103 Privilege and violence, 331–339 Project Counseling Services (PCS), 147–149 Property reform of laws, 157–158 women and, 39–41 Prosecution of violence, 158–160 Prostitution See Sexual and reproductive violence Psychosocial rehabilitation, 112–113 Public gestures, 115–116, 210, 369 Public goods, 385 Punishment of gender transgression, 35–36 Punitive damages See Moral damages Questions regarding violence, 21–22 Rape See Sexual and reproductive violence Recognition of violations basic principles, 70–71 generally, 119–120 monetary compensation, 297–300 state responsibility, acknowledgment of generally, 85 identification of perpetrators, 86–87 412 Index Recognition of violations (cont.) location of violence, relevance of, 88 means of avoiding, 86 politicization of violence, 87–88 symbolic reparations (See Symbolic reparations) tort theory and, 297–300 victims, 72–74, 88–91 Regional human rights systems, 219–220 Rehabilitation and reintegration advantages over monetary compensation, 109–110 caregiver role, relevance of, 111–112 children, psychological rehabilitation, 199–201 collective reparations, 397–398 combination with monetary compensation, 110–111 distribution of, 112 economic opportunity, creating, 113 engendering rehabilitation, 109 gender bias, effect of, 111 non-monetary services and, 110–111 psychosocial rehabilitation, 112–113 Reintegration See Rehabilitation and reintegration Reluctance to acknowledge violence, 56–57 Reparations See specific topic Reproductive violence See Sexual and reproductive violence Reputation, right to, 154–155 Restatement (Second) of Torts, 295 Restitutio in integrum principle, 222–223, 224–225 Restitution children, for, 194–195 collective reparations, 396 Roht-Arriaza, Naomi, 324–325, 364–365 Rombouts, Heidy, 41–42 Rome Statute, 121–122, 125, 172–173 Rosenberg, Maurice, 298 Rosett, Arthur, 372–373 Rubio-Mar´ın, Ruth children and, 170–171, 212–213 generally, 6–7, reparations and, 61–62 sexual and reproductive violence and, 43 symbolic reparations and, 326–327, 331, 333–334, 347–348, 354, 357 Runyan, Anne Sisson, 35–36 Rwanda Assistance Fund for Genocide Survivors, 133–134, 335–337 Association of Widows of the Genocide, 334 caregivers, targeting of, 156–157 children as victims in, 177, 179 gacaca, 133–134, 135–136 household level, violence at, 332–333 Hutus in, 335–337 ICTR, 18–19, 183–184 inheritance laws in, 157–158 inheritance rights in, 39–40 memorialization in, 349 monetary compensation in, 291–292 mothering, targeting of, 38–39 rehabilitation and reintegration in, 110–111 sexual and reproductive violence in, 36–37, 45, 127, 133–134, 135–136, 344 social capital, women as, 41–42 Tutsis in, 335–337 widows in, 53–54 Ryan, Louise, 335 Same-sex marriage, 94 Samson, Deborah, 343 Sandoval, Clara, Schaap, Andrew, 400 Scope of reparations, 12 Scope of violence, 19–20 Scott, Winfield, 351 Secondary victims children as, 184–185 families as, 92–93 generally, 60–61 sexual and reproductive violence, 136–137 Second generation reparations programs, 268, 269 Seibel, Hans Dieter, 303–305, 310–311 Serbia Association of Wartime Camp Inmates, 368–369 Services See Nonmonetary services Sexual and reproductive violence administrative reparations, 132 armed conflict, in, 343–345 categorization of, 50–51 children, against, 171 collective reparations for, 396–397 defined, 125 destruction of normal life order, 30–31 emotional harm from, 127–129 families as victims, 136–137, 244–245 forms of, 132–136 generally, 125–126, 130–131 specificity, 134–136 generally, 121–124 guarantee of non-repetition, 155–161 health services, 146 Index inclusion in reparations considerations, 64–66, 78–79 material harm from, 129–130 men, against, 57–58, 127–128 monetary compensation, 138–143 nonmonetary services, 143–149 ostracism for, 344, 368–369 overshadowing of other forms of violence, 60, 80–81, 122–123 persons included and excluded as victims, 136–138 physical harm from, 126–127 psychosocial services, 146–149 reparations generally, 138 health services, 146 monetary compensation, 138–143 nonmonetary services, 143–149 psychosocial services, 146–149 symbolic reparations, 149–153 secondary victims, 136–137 selected experiences, 131–132 shame and exclusion due to, 128–129 significance of, 36–38 stigmatization due to, 80, 128–129, 364–365 symbolic reparations, 149–153 Sexuality and violence, 335–337 Shame and exclusion generally, 42–44 sexual and reproductive violence, due to, 128–129 Shanken, Andrew, 358–359 Shareholding gender and, 316–318 generally, 304–305 pooling of capital, 307 Sierra Leone children as victims in analysis of reparations, 176–177, 179, 181–184 focus on, 178–179 generally, 213 monetary compensation, 193–194 outreach to, 189 psychological rehabilitation, 200 collective reparations in, 96–97 economic harm in, 154 engendering harm in, 98–99 families as victims in benefits tailored to needs of, 271–274 defining beneficiaries, 271 defining victims, 268 nonmonetary services for, 286 reparations, 266–267 413 focus on women in, 76–77 memorialization in, 349, 358–359 monetary compensation in, 291–292 National Commission for Social Action, 266–267 nonmonetary services in, 145, 146 prioritizing reparations in, 15–16 sexual and reproductive violence in, 29, 36–37, 78, 127, 133, 134–135, 136–137, 344–345, 368 slavery in, 39 Special Court for Sierra Leone, 183–184 symbolic reparations in, 114–115, 151, 329 Truth and Reconciliation Commission, 90, 133, 146, 266–267, 271, 289 women’s hearings in, 346–347 Sisulu, Albertina, 331–332 Slavery See Sexual and reproductive violence Social capital, women as, 41–42 Social services See Nonmonetary services Soh, C Sarah, 372 South Africa Afrikaner Memorial to Women, 337–338, 341–342 Anglo-Boer War, 337–338, 341–342 boycotts regarding, 332–333 children as victims in analysis of reparations, 177, 179, 181 consultation with, 176 generally, 164 monetary compensation, 190–191, 192–193 psychological rehabilitation, 200 reparations, 185–186 Commission for Gender Equality, 115–116 Committee on Reparations and Rehabilitation, 264 disengagement of women from armed conflict in, 340 downplaying of women as victims in, 331–332 families as victims in children as beneficiaries, 279 defining beneficiaries, 269–271 defining victims, 268 distribution of reparations, 282 nonmonetary services for, 286 nontraditional families, 94 parents as beneficiaries, 280 reparations, 264 secondary victims, 92–93 focus on women in, 76–77 Freedom Park, 352–353 414 Index South Africa (cont.) Horse Memorial, 355 Khulumani Victims Support Group, 334 Mamelodi Mothers of the Disappeared, 334 memorialization in, 351–352, 354–355 Mixed Marriages Act, 335 Mkhonto we Sizwe, 334–335 monetary compensation in, 106–108, 141–143, 291–292 National Women’s Monument, 347 public attitudes toward women’s issues, 344–345 punishment of gender transgression in, 36 Reparation and Rehabilitation Committee, 271 sexual and reproductive violence in, 45, 132–133, 135–136, 137–138 symbolic reparations in, 115–116, 329–330 transitional justice in, 381–382 Truth and Reconciliation Commission, 18–19, 132–133, 164, 264, 271, 331–332, 352–353 Urgent Interim Reparations, 264 widows in, 53–54 Women’s Day, 340–341 women’s hearings in, 346–347 Women’s Monument, 342–343, 355, 360–362, 365–366 Spielmann, Dean, 235–237 Sri Lanka reparations in, 104–105 SRV See Sexual and reproductive violence State responsibility, acknowledgment of generally, 85 identification of perpetrators, 86–87 location of violence, relevance of, 88 means of avoiding, 86 politicization of violence, 87–88 Stigmatization sexual and reproductive violence, due to, 80, 128–129, 364–365 Stuart, J.E.B., 349–351 Successors, family members as ECHR, in, 225–228 distribution of reparations, 227–228 monetary compensation, 226 moral damages, 226–227 IACHR, in, 228–231 defining victims, 230 distribution of reparations, 230–231 moral damages, 229–230 nontraditional families, 231 presumptions, 228–229 Sudan (Darfur) displacement in, 54–55 sexual and reproductive violence in, 52–53 Summers, Carol, 335 Suriname families as victims in, 231 Symbolic reparations agency of women, representing, 339–345 apologies (See Apologies) children, for (See Children as victims) consultation with women, 354–356 contrition, 363 discourse regarding, 367–374 embodying individual meaning in, 358–364 empowering nature of, 116 family role of women and, 332–334 gender differences in, 358–364 gendered limitations, 331 generally, 114, 324–327, 376–378 IACHR, in, 254–257 importance of, 325–326 increasing gendered impact of, 356–358 individual versus collective representation, 346–354 limitations of, 325 memorialization (See Memorialization) political and social context, 374–376 prioritizing, 325 process regarding, 365–367 psychological effects of, 326 public gestures, 115–116, 210, 369 recommendations regarding, 378–380 reconnecting victims with society and state, 364–365 sexual and reproductive violence, for, 149–153 variations in, 327–331 victims’ groups, role of, 334–335 Symbolism of gender, 35–36 Syria microfinance in, 306–307 Tambo, Oliver, 342–343, 352–353 Testimonial position of women, insecurity of, 45–46 Thernstrom, Melanie, 43–44 Timor-Leste children as victims in analysis of reparations, 177, 179, 181–183 outreach to, 189 reparations, 186 sexual and reproductive violence in, 44 Commission for Reception, Truth and Reconciliation, 13, 63–64, 90, 106–107, 108–109, 187 Index consultation with women, 355–356 emphasis on gender in, 13 engendering harm in, 98–99 focus on women in, 76–77 guarantee of nonrepetition of violence in, 117–118 memorialization in, 358–359 monetary compensation in, 106–107, 108–109, 139–140 nonmonetary services in, 143–144, 145 prioritizing reparations in, 15–16 punishment of gender transgression in, 36 rehabilitation and reintegration in, 112 sexual and reproductive violence in, 44, 78, 133, 134–135, 136–138 symbolic reparations in, 151, 329 Urgent Reparations Fund, 151 Tort theory benefits of monetary compensation, 296–297 damages, reparations as, 295 freedom, enhancing, 300–301, 302–303 generally, 291–293, 322–323 justice and, 294–297 legal perspective, 294 microfinance (See Microfinance) necessity of monetary compensation, 296 recognition of violations and, 297–300 security, enhancing, 300–302 shortcomings of monetary compensation, 296 vicarious liability, 298–299 Torture, 238–239, 243 Transformative potential of reparations, 17, 153, 384, 398–399 Trindade, Canc¸ado, 246–247 Tripp, Aili Mari, 332–333 Turkey families as victims in, 233–235 forced displacement in, 80–81 unveiling of women in, 35 Turshen, Meredith, 40–41, 53–54, 376–377 Uganda sexual and reproductive violence in, 43–44 symbolic reparations in, 152 UNICEF, 39 United Kingdom memorialization in, 341–342, 343, 348–349 United Nations 415 Basic Principles on Reparations, 1–2, 116–117, 123–124, 153, 199, 219–220, 231–232, 286–287, 381–382 Convention for the Protection of All Persons from Enforced Disappearances, 219–220, 286–287 Declaration of Basic Principles of Justice for Victims of Crime and Abuse of Power, 219–220 High Commissioner for Human Rights, 1–2, 294–295 Human Rights Commission, 67–68 Millennium Task Force, 313–314 Peace Building Fund, 266–267 Population Fund, 146 Security Council Resolution 1325, 1, 20–21, 63–64 Sub-Commission on the Promotion and Protection of Human Rights, 67–68 United States exclusion in, 399 Korean War Memorial, 348–351, 355 memorialization in, 343, 349–351 Vietnam War Memorial, 349–351, 355 Vietnam Women’s Memorial, 347–348 Washington Memorial, 359–360 welfare analysis in, 320–321 Victims.See alsospecific reparations caregivers as children, harm to, 170 mothering, targeting of, 38–39 rehabilitation and reintegration, relevance to, 111–112 children as (See Children as victims) collective reparations and, 96–97 communities as, 95–96 direct victims, 231–232 public campaigns, role of, 74–75 truth and reconciliation commissions, role of, 76–77 women’s organizations, role of, 75–76 cultural definitions and, 97–98 degree of harm, relevance of, 98–99 gender bias, effect of, 100–101 generally, 97 type of harm, relevance of, 99–100 widows and widowers, 98 families as (See Families as victims) feminizing dehumanization gender bias, effect of, 79, 81–82 generally, 78 416 Index Victims (cont.) sexual and reproductive violence; inclusion in reparations considerations, 78–79; overshadowing of other forms of violence, 80–81; stigmatization from, 80 indirect victims (See secondary victims) 231–232 role of victims’ groups in reparations, 334–335 secondary victims (See indirect victims) children as, 184–185 families as, 92–93 generally, 60–61 sexual and reproductive violence, 136–137 Violence See specific topic Vlok, Adriaan, 334, 363 Wagatsuma, Hiroshi, 372–373 Walker, Margaret children and, 168, 170–171, 176, 184 collective reparations and, 391–392 generally, 5–6, 11 sexual and reproductive violence and, 143–144, 160 Warner, Marina, 347–348 Waylen, Georgina, 332–333 Welfare analysis, 318–322 Widows, 53–54 World Bank, 312–314 World War II, 156–157 Yugoslavia ICTY, 18–19, 183–184 sexual and reproductive violence in, 45, 127 Yunus, Muhammad, 312 Yuval-Davis, Nira, 35, 335 Zambia women and work in, 313–314 Zane, Elizabeth, 343 Ziesing, Michael, 372–373 Zimbabwe memorialization in, 351–352