Bray highlighted the lack of women’s voices in the design and
implementation of transitional justice accountability mechanisms
and processes. Bray raised concerns that women are rarely included
in either formal or informal peace processes.
Bray then turned to challenges related to access
to justice. She noted that, in many rural contexts,
there is a lack of access to justice mechanisms.
She highlighted the need to reconcile legal
systems with traditional justice mechanisms.
She also noted that sexual and gender-based
violence must continue to be addressed after
conflict, as genuine peace cannot exist if
patriarchy goes unaddressed.
Bray then detailed some challenges related
to prosecuting sexual and gender-based
crimes in many contexts. These include:
Thereafter, Bray focused on challenges related
to inadequate reporting, documentation, and
preservation, and the importance of creating
enabling environments for reporting. She
highlighted the importance of improving survivors’
ability to report sexual and gender-based violence
crimes as this can assist access to essential medical
and psychosocial care and support. Addressing
the challenges that arise from the social stigma
and ostracism, the threat of honour killings, and
rampant impunity need to be prioritised, as these
leave women and men at ongoing risk of attacks
and with little hope of ever achieving justice.
• the absence of specialised investigative and
For Bray, documentation serves three key
purposes. First, it contributes to the creation
of a historical record. Second, it is important
for purposes of advocacy and awareness. Third,
documentation can be used in criminal justice
processes. In this regard, Bray emphasised that
those involved in documentation processes should
be clear about the purpose and objectives of
documenting. Bray argued that there is a gap
exists in storing and protecting evidence and
documents during conflict, and that better
strategies need to be developed to address this
gap while improving the capacity and expertise
of those doing the work.
• the lack of capacity among police, health
and legal professionals, and the judiciary;
• the lack or inadequacy of legislation that
criminalises sexual and gender-based crimes;
prosecuting units and/or specialised courts to
address sexual and gender-based crimes, which
often leads to the non-prioritisation of these
cases; and
• corruption and mismanagement in justice
sectors, which results in widespread distrust
in statutory institutions, especially as it relates
to their capacity for justice delivery.
Finally, Bray highlighted the lack of women’s
voices in the design and implementation of
transitional justice accountability mechanisms
and processes. Bray raised concerns that
women are rarely included in either formal
or informal peace processes. They are often
underrepresented, whether as civil society
participants, representatives of warring
factions, or mediators of peace negotiations.
The norm has been to include women in
criminal justice processes after they have
begun. For Bray, women should be included
from the start, and civil society should reflect
on whether it is doing enough to facilitate
this process.
12\ Accountability for conflict-related sexual and gender-based violence: Successes, challenges, narratives, and omissions
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