8 June 2023
Following violent conflict, a gender-transformative approach to justice can help challenge systemic inequalities and transform established gender norms that fuel cultures of violence.
As South Sudan recovers from outbreaks of civil war following independence in 2011, tackling systemic gender inequalities is urgent. According to the UN, sexual and gender-based violence took place on a massive scale and continues to be among the highest in the world.
The representation of women in decision-making is scant, and they face discriminatory laws limiting their participation in public life. This includes limited access to education and forced marriage that curtail their freedoms at home.
For lasting and inclusive peace, South Sudan’s transitional justice process must therefore be gender-transformative. That was the message from Christella Niyonzima, Head of Programmes at Impunity Watch Burundi, in an expert consultation meeting on transitional justice in South Sudan in Juba (16-18 May 2023).
The consultation brought together specialists from across the continent to revitalise commitments outlined in the country’s peace deal of 2015.
Including gender from the start
During the consultation, Christella stressed the importance of examining systemic injustices that fuel continuums of violence, past and present. Crucial to this are masculinities (the different societal norms considered ‘masculine’) – both violent and positive.
“In most post-conflict reconstruction processes, gender considerations are included midway through or after the fact. This hinders the equal and effective participation of women and men. Installing a transformative approach from the outset would mean women having equal power in the design of transitional justice policy. Crucially, it would create new norms for other political processes that transform gender relations and societal structures.”
Christella Niyonzima, Head of Programmes at Impunity Watch Burundi
She advocated for transitional justice mechanisms in South Sudan to be gender-transformative from start to implementation. Citing examples from our research, she highlighted the importance of meaningful victim participation in formal and informal (community-based) processes.
In addition, Christella stressed that gender sensitivity must be part of peacebuilding and Disarmament, Demobilisation and Reintegration (DDR) programmes. This would have a greater impact on transitional justice.
The organisers of the meeting were the African Union (AU), supported by UNDP (South Sudan), GIZ, and the Embassy of Netherlands. President Salva Kiir opened the meeting and the First Vice President Riek Machar was the chair. They both reiterated the government’s commitment to transitional justice and reconciliation, and to holding peaceful elections in 2024.
Sustaining engagement to make transitional justice a reality
After gaining independence in 2011, South Sudan was plunged into conflict in 2013. Following the signing of the Agreement on the Resolution of Conflict in South Sudan (ARCSS) in August 2015, further violence broke out in 2016 and a revised agreement followed in 2018.
The consultation in Juba sought to provide a platform for sharing transitional justice experiences and best practices. Topics included the contribution of traditional and community based mechanisms to truth-seeking and justice, and the importance of political will in transitional justice policy.
Impunity Watch’s participation in the meeting represents our commitment to supporting transitional justice on the continent and the rollout of the African Union Transitional Justice Policy.
Led by our Burundi programme, our partnership with the Center for the Study of Violence and Reconciliation (CSVR) is part of this strategy, as is our participation in recent policy events.
Impunity Watch will continue supporting transitional justice in Africa. This includes strengthening collaboration with the Political Affairs, Peace and Security division of the AU. This division is responsible for overseeing its transitional justice policy.
Our approach to gender-transformative justice
Image: Elunai Pitia/ UNDP (South Sudan)