Aroussi, Sahla. 2018. “Perceptions of Justice and Hierarchies of Rape: Rethinking Approaches to Sexual Violence in Eastern Congo from the Ground Up.” International Journal of Transitional Justice 12(2): 277–95.

Based on extensive fieldwork in South Kivu in Eastern Democratic Republic of the Congo (DRC), this article considers the question of justice for survivors of sexual violence from the ground up. It argues that survivors of rape by armed groups or civilians in the DRC primarily conceive of justice as economic assistance and have limited interest in the prosecution of perpetrators. Such emphasis on economic assistance cannot be separated from the reality of poverty in which survivors live and local perceptions and practices of justice that are rooted in the concept of reparation.

Borer, Tristan Anne. 2009. “Gendered War and Gendered Peace: Truth Commissions and Postconflict Gender Violence: Lessons From South Africa.” Violence Against Women 15(10): 1169–93.

The article explores some consequences of the failure to uncover gendered truth, including its impact on the government’s reparations policy, and continued “peacetime” violence perpetrated against women in South Africa.

Durbach, Andrea. 2016. “Towards Reparative Transformation: Revisiting the Impact of Violence against Women in a Post-TRC South Africa.” International Journal of Transitional Justice 10(3): 366–87.

Sexual and gender-based violence (SGBV) does not begin with conflict or political instability and end with a transition to peace or democracy. Drawing on empirical research undertaken in South Africa in 2015, against a backdrop of critically high levels of sexual violence, this article examines the consequences of the TRC’s failure to investigate the impact of sexual violence against women during apartheid on women in the post-TRC era. Invoking the voices of contemporary South Africans 20 years after the TRC delivered its findings, the article offers a retrospective analysis of the capacity of transformative institutions, such as the TRC and the Constitutional Court, to alter the conditions that enabled, and continue to underlie, this violence, and to prevent its repetition. Article goes through colonial violence on women’s body.

Goldblatt, Beth. “Evaluating the Gender Content of Reparations: Lessons from South Africa.” In What Happened to the Women? Gender and Reparations for Human Rights Violations, edited by Ruth Rubio-Marín, 48-91. New York: Social Science Research Council, 2006.

There has been much policy and legislative work in South Africa to address the gender inequality that arose from pre-existing patriarchal structures and was compounded by apartheid. The difficulty facing society South Africa now is to implement these laws and address poverty (which is also gendered). Lack of resources, lack of official capacity and new social problems like HIV make this a huge task. South Africa is succeeding in certain respects, but the challenges remain massive. Some of the positive measures identified in South Africa, which might assist other post-transitional societies, and which can be conceptualized as either guarantees of non-repetition (whether through institutional reform or otherwise) or as collective reparations for women, include: laws on prevention of domestic violence and rape; police and military sensitivity training; monitoring of enforcement agencies; improved social services for women, including health and termination of pregnancy services; measures to address women’s poverty, land rights, and economic opportunities; strong constitutional and equality protections for women.

King, J. (2006). Gender and reparations in Sierra Leone: The wounds of war remain open. In R. Rubio-Marín (Ed.), What happened to the women? Gender and reparations for human rights violations (pp. 246-283). Social Science Research Council.

This article outlines the stages of women’s involvement in shaping reparations within the Truth and Reconciliation Commission (TRC) process, highlighting their limited agency. Women’s contributions can be divided into three phases: first, they initiated reparation efforts before the TRC began; second, they participated in designing the reparations measures recommended by the TRC; and third, they worked towards the implementation of the reparations program after the TRC’s report was published. Despite these efforts, their agency in the process remained constrained.

Matandela, Mbalenhle. 2020. “Addressing Gender Justice and Colonialism Through Transitional Justice in Africa.” Africa Portal.

This policy brief emphasizes the importance of transitional justice for promoting human rights, justice, peace, governance, and development in Africa, arguing that it must address the legacy of colonialism, a violent act that continues to impact all aspects of African life. Colonialism’s effects on political institutions and social structures persist, contributing to poor governance and limited development. Transitional justice, which includes both judicial and non-judicial approaches, seeks to address these ongoing issues and foster security, democracy, and socio-economic transformation. The brief also highlights the gendered dynamics of colonialism and the marginalization of African women’s political institutions, proposing an African feminist approach to transitional justice that integrates gender justice to encourage innovative solutions.

Rombouts, Heidy. “Women and Reparations in Rwanda: A Long Path to Travel.” In What Happened to the Women? Gender and Reparations for Human Rights Violations, edited by Ruth Rubio-Marin, 194-245, New York, NY: Social Science Research Council, 2006.

This article explores the ways in which the transitional justice process in Rwanda lacks gender sensitivity, with weak connections between women’s organizations and victims’ organizations reflecting the broader marginalization of women in society. The debate around reparations is unlikely to enhance women’s status in Rwanda, as it does not adequately address gender issues or connect the experiences of female victims to those of all women. Furthermore, any future efforts to make such connections should avoid exploiting the plight of female victims for other agendas

Scanlon, H., and K. Muddell. 2009. “Gender and Transitional Justice in Africa: Progress and Prospects*.” African Journal on Conflict Resolution 9(2).

This article discusses the development of various models of transitional justice (TJ) in Africa over the past few decades, aimed at addressing mass human rights abuses resulting from conflicts. However, these judicial and non-judicial mechanisms have often inadequately addressed the widespread gender-based violence present on the continent.

The article evaluates how truth commissions, legal mechanisms, reparations, security sector reforms, and traditional practices have handled gender-based human rights violations. While some recent African TJ mechanisms have introduced innovative approaches to addressing crimes against women, they still fail to adequately support victims. This failure largely stems from a narrow discourse on gender and transitional justice that does not sufficiently encompass women’s experiences in conflict.

The author argues that future TJ initiatives should reassess the types of violations prioritized and acknowledge the ongoing continuum of violence in both pre-conflict and post-conflict societies. Furthermore, the article calls for a shift in the transitional justice field to avoid framing sexual-based violence solely as a “women’s problem,” urging a broader exploration of how men are also affected by the gender dynamics of conflict.

Scully, P. 2009. “Should We Give up on the State? Feminist Theory, African Gender History and Transitional Justice*.” African Journal on Conflict Resolution 9(2).

This article critiques the conventional approach to transitional justice, which often assumes that the law and state mechanisms can effectively address injustices faced by women. It emphasizes feminist critiques of international human rights law, highlighting a growing skepticism about relying on the state as a solution to women’s issues.

The article argues that while international law has made states accountable for both the lack of enforcement and the creation of laws benefiting women, this focus can oversimplify women’s struggles by framing them merely as problems of implementation. The author contends that this approach is fundamentally flawed, particularly in the context of African history, where the legitimacy of the state has been consistently undermined.

Overall, the article calls for a re-evaluation of how transitional justice practices in Africa engage with the state and law, stressing the need for a more nuanced understanding that considers historical injustices and gender dynamics.

Tarnaala, Elisa. 2015. “Getting the Past Right in West Africa and beyond: Challenging Structures through Addressing Gender-Based Violence in Mediation.” African Journal on Conflict Resolution 15(2): 57–80.

This article examines the critical issues surrounding gender-based violence in the context of mediation and conflict resolution. It emphasizes the importance of analyzing conflicts through a gendered lens, particularly focusing on women’s experiences and perspectives. The author explores the key issues that have shaped the peacemaking agenda in West Africa and across the African continent, providing real-world examples of peace and transitional processes.

Through these examples, the article highlights both successes and failures in addressing gender-based violence during mediation efforts. By identifying lessons learned from these cases, the article aims to inform better practices and policies for integrating gender considerations into future peace processes. Ultimately, it advocates for a more inclusive approach to conflict resolution that prioritizes the experiences and rights of women.