Emerge (autosaved).docx

Session 5: GENDER AND CLIMATE JUSTICE SOCIAL CAPITAL, COLLECTIVE ACTION AND ADAPTATION TO CLIMATE CHANGE (Adger) 1. 2. 3.

4.

5. 6.

Adaptation-is a dynamic social process; the ability of societies to adapt is determined by the ability to act collectively Collective action and social capital inform the nature and adaptive capacity and normative prescriptions of policies of adaptation Social capital- increasingly understood to have both public and private elements, both based on trust, reputation and reciprocal action -provides an explanation for how individuals use their relationships to other actors in societies for their own and for the collective good. The importance of the state in facilitating social capital relates to the importance of strategic environmental planning for climate change. Ie. The ability of government to provide a physical or regulatory infrastructure to minimize potential impacts of floods or droughts For example, in Southeast Asia and of community-based coastal management in the Caribbean, collective action is used for coping with extremes in the weather in these coastal areas These case studies also demonstrate the importance of social capital framing both the public and private institutions of resource management that build resilience in the face of the risks of changes in climate

CONSTRUCTING VULNERABILITY: THE HISTORICAL, NATURAL AND SOCIAL GENERATION OF FLOODING IN METROPOLITAN MANLA (Bankoff) 1. Flooding is not a recent hazard in the Philippines but one that has occurred throughout the recorded history of the archipelago 2. A whole range of socio-economic factors such as land use practices, living standards and policy responses are increasingly influencing the frequency of natural hazards. 3. A distinction should be made between ‘remarkable’ or destructive typhoons and the more ordinary variety of tropical cyclones. The former are ‘one of the greatest natural calamities that may occur in any place’, while the latter are responsible for much of the rain that makes the climate so ideal for agriculture 4. The climatic and environmental factors that themselves are evolving over time partly as a result of natural processes and partly from human-induced ones also inter-relate in complex ways with the changes brought about as a result of human activity to make Metro Manila more flood prone. Principal among these latter developments is the sheer rise in the size and density of population. 5. In Metro Manila, the banks of rivers, canals and esteros have frequently served in this capacity. Since the demand for land is at such a premium, spaces that are vacant or only nominally owned by national, city or municipal authorities prove particularly attractive as locales for squatters. The result is that makeshift housing often encroaches on to available waterways, blocking the access of maintenance personnel and equipment from the Department of Public Works and Highways (DPWH) or the Metropolitan Waterworks and Sewerage System (MWSS) and, by a gradual process of accretion, narrows their flow capacity and diminishes the volume of discharge they are able to handle 6. Three aspects of flooding in Metro Manila: (a) importance of historical approach in understanding hazard; (b) degree of interplay between environment and society in the creation of risk (c) manner in which vulnerability is still often hampered 7. The relationship between climate, topography, resource use and culture over time is the basis to determining the nature of flooding in Metro Manila as it is to any other location under review. History, far from being a scholarly topic with little practical application, actually provides both the framework as well as sets the conditions within which these other factors relate. Without proper consideration of the temporal dimension, hazards remain random, disasters unaccountable and societies simply exposed. Certain communities or segments of populations are often situated in

more perilous settings than others due to the consequences of political, economic and social forces that change over time and in relation to the landscape and its use and to the nature of hazards that also have their own cycles and historical evolutions. Just as history reveals that vulnerability may take centuries in the making, so is the sense of its complex construction important to the way in which disaster is increasingly conceptualized. HOW CAN IHRL PROTECT US FROM DISASTERS (Ferris) 1. As climate change increases the likelihood that disasters will become both more intense and more unpredictable, it is time for the international human rights community to devote more attention to disasters and on the humanitarian community to incorporate a rights-based approach to disaster management. 2. Indian Ocean tsunami marks a turning point in the international community’s perception of disasters. Before the 2004 tsunami, disasters were primarily seen in terms of the need to mobilize rapid humanitarian aid – an area in which logistical expertise was prioritized. After the tsunami, awareness grew that human rights had to be built into all phases of disaster management – prevention or risk reduction, response and recovery. 3. All states have positive human rights obligations to protect human rights. Natural hazards are not disasters, in and of themselves. They become disasters depending on the elements of exposure, vulnerability and resilience, all factors that can be addressed by human (including state) action. A failure (by governments and others) to take reasonable preventive action to reduce exposure and vulnerability and to enhance resilience, as well as to provide effective mitigation, is therefore a human rights question 
 Disaster Risk Reduction- It is the responsibility of governments to protect their populations from national disasters and central to that effort is reducing the risks of natural hazards. - While governments cannot prevent cyclones or earthquakes, they can take measures to reduce the impact of these events on their people. -DDR as HR issue: Disasters, as many have pointed out, tend to disproportionately affect those who are already marginalized and unable to exercise their full human rights. The relationship between DRR and human rights has been recognized by both the United Nations and civil society actors working on DRR 5. 2005 Hyogo declaration states that “States have the primary responsibility to protect the people and property on their territory from hazards and ... to give high priority to disaster risk reduction in national policy, consistent with their capacities and resources available to them.” 6. Hyogo Framework; Three strategic goals a. Integration of disaster risk reduction into sustainable development policies and planning; b. the development and strengthening of institutions, mechanisms and capabilities to build the resilience of communities to hazards; and c. the systematic incorporation of risk reduction approaches into emergency preparedness, response and recovery programs. CHALLENGING INEQUALITY IS AT THE HEART OF CLIMATE CHANGE ADAPTATION (Fisher) 1. Dhaka, Singh tied people’s vulnerability to shocks and stresses to three key factors: social exclusion, lack of access to resources and lack of assets and economic opportunities 2. If people’s social exclusion, due to race, sex or a number of other factors, was tackled, said Singh, as well as looking at building up their assets and resources, people would be far less vulnerable when the next disaster hits. 3. Christine Hunter, the Bangladesh country representative for UN Women said that if work focussed more on tackling the obstacles that stop women or indigenous groups from achieving their rights then they would be less vulnerable when the next disaster hit. 4. Hunter felt the discourse often set out women as victims vulnerable to climate change, or focussed on women’s instrumental role to support their families, but not on their own rights. EMERGING GEOGRAPHIES OF CLIMATE CHANGE (Fisher) -conceptualizing climate justice claims as the product of spatially grounded experiences refracted through 4.

political processes of scale construction opens up an analytical space to consider the multiple justices that do not make the political agenda as it is currently conceived. Three main arguments: 1. climate justice has been scaled as an international justice issue through public discourses, national policies and civil society engagement in India. This political scaling of climate justice as international has become institutionalized and civil society actors engage with climate justice issues at different scales within this framework. Such institutionalization narrows the political space for alternative articulations and claims for climate justice. -climate justice has been constructed as an international ideal and been implicitly and explicitly understood as the relationships between nations 2.

3.

whereas climate justice has tended to focus on the nation-state as the key actor in addressing climate injustice, the importance of a critical stance towards both state and non-state actors as both champions of justice and perpetrators of injustices must be acknowledged. -Beyond the nation-state there has also been widespread agreement of this position of equity within both the media and wider civil society

there are multiple spaces for climate justice claims that go far beyond the state and the international fora. -Climate change policy (both international and national) has been widely cited to be exclusionary and practised by a small number of individuals. Whilst this is not unique to India, and certainly not in the area of foreign affairs, as climate change begins to become closer to home, the impacts on diverse communities and on wider development processes will become more significant and the justification for an elite policy sphere becomes more difficult to maintain. -national policy development has, however so far, been done in reference to international processes and requirements and due to this positioning outside national issues of inequality has not received the sustained pressure for wider participation that other public issues in India have over the past decade (for example the Right to Food movement, or the Right to Information). NEOLIBERALISM EXASPERATES THE PROBLEM OF CLIMATE CHANGE (Holden) 1. Neoliberalism- A theory of political economic practices that proposes that human well-being can best be advanced by liberating individual entrepreneurial freedoms and skills within an institutional framework characterized by strong private property rights, free markets, and free trade. 2. The state is viewed by neoliberals as egregiously inefficient and, wherever possible, state operated enterprises must be privatized. Corporations are viewed as infallible and all problems have market- based solutions 3. Past and present capitalist globalization and development approaches geared toward improving the economy are based on an obsolete and dysfunctional yet still on-going myth of “catching up” development or, to use another widely known expression, “trickle-down” development. The myth of catching up development is based on the false premise that the most appropriate and best model of the affluent society is that of better off countries 4. Inherent in the neoliberal reluctance to provide an institutional response to cli- mate change is neoliberalism’s tendency to deny climate change. “Science suggests that human action is contributing to global warming,” wrote Harvey (2011, p. 187), “reducing opponents (usually funded by the energy lobby) to the astonishing claim that global warming is a hoax perpetrated by scientists upon the world’s population.” 5. At the heart of anthropogenic climate change are greenhouse gas emissions. Widespread government efforts to dramatically reduce greenhouse gas emissions are, in the minds of neoliberals, a Trojan horse concealing a socialist takeover of the economy. Consequently, neoliberalism has engaged in a three-staged campaign to act against actions to meaningfully reduce greenhouse gas emissions 6. Three steps as to the relationship of neoliberalism and climate change:

a. b. c.

first step is to deny the scientific evidence of climate change. second step is to pretend to act to reduce greenhouse gas emissions by developing a market for greenhouse gas emissions, the so-called “cap and trade” solution.

third step is geoengineering. Instead of acting to reduce greenhouse gas emissions actions are undertaken to reduce their environmental effects. CLIMATE CHANGE VULNERABILITY AND ADAPTATION IN METRO MANILA (Porio) 1. Climate change and flooding in Asian cities pose great challenges to the environmental and human security of the population and their governance systems. 2. Disaggregating the ecological-environment vulnerabilities of a city/community according to specific places/spaces (or place-based vulnerabilities) that lead also to variable patterns among different groups (e.g., gender, income group, sector) of adaptive responses to flooding 3. Drawing a systematic sample of urban poor households and industrial-commercial establishments along the Pasig-Marikina River Basin of Metro Manila, this study utilized household surveys, key informant interviews, focus group discussions (FGD) and secondary data sources, in analyzing the sources of their vulnerability and adaptive responses. Existing studies generally focus on the vulnerability and adaptation of urban-rural populations and do not highlight the interaction of place-based vulnerabilities with sector-specific vulnerabilities that reconfigure flood impacts and responses among the urban poor com- munities and commercial-industrial establishments during and after floods. 4. poor and female-headed households residing in highly degraded environments or places/spaces within and across urban poor communities suffered higher damages and losses compared to better-off households and establishments. 5. The interaction of these drivers of vulnerability further heightens and compromises the environmental and human security needs of poor people, their communities and those in the private sector that local/national government agencies need to respond. 6. the understanding and assessment of the quality of life in cities can become broader and more relevant if we take into consideration that macro indicators may not reflect the socio-economic realities of different sub-groups, especially the politically and economically marginalized urban groups and classes. Frameworks used in assessing quality of life and sustainability 1. Millennium Development Goals 2. United Nations Commission for Sustainable Development 3. Livable Cities Indicators PROSPERITY AND INEQUALITY IN METRO MANILA: Reflections on Housing the Poor, Climate Risk and Governance of Cities (Porio) 1. While continued economic growth and rising prosperity have led to poverty reduction, social inequality has widened within and across income groups/classes as well as compromised the integrity of ecological–environmental systems. 2. local–national governments have collaborated with the private sector in mobilizing urban governance systems to implement intensive capitalist development projects which have led to the erosion of earlier social housing reform gains made by urban poor communities. 3. Environmental degradation and flooding disasters add another layer of complexity and difficulty to managing the uneven consequences of urban development and climate-related disasters for vulnerable and marginalized urban poor communities. 4. Global Risks Report 2015 ranked the Philippines as the third highest country at risk of critical environmental, geopolitical, economic, societal, and technological changes. Like other Asian coastal megacities, Metro Manila’s environmental risks include floods, subsidence, landslides, and coastal inundation brought about by sea level rise, and the increasing intensity and irregularity of typhoons and storms urges monsoon rains. 5. compounding the effects of these natural and human-induced risks are governance-related factors like deceits in urban planning regulations and social reforms, infrastructure, and delivery of social

services Why Climate change is threat to HR (Mary Robinson- FORMER PRESIDENT OF IRELAND) *youtube video -impact to people; food, shelter -work on African countries on issues of development -changes in climate, change in weather -Constance Okollet- Uganda, never hungry because enough food. but now, hunger because of flood, drought -constance wasn’t the cause of climate change -US v PH, PH suffering significantly even if the consumers are coming from developed nations -CLIMATE INJUSTICE -Copenhagen conference; below 2 degrees -when we start to address climate change, no one should be left behind -unequal world, dying. -we have to go to 0 carbon emissions -ie. industrialized countries must lessen emissions, go to renewable energies -developing must be moving to less energy -CLIMATE CHANGE REQUIRES COMPLETE HUMAN SOLIDARITY -rapid changes must be accompanied by political will -1945-end of WWII; need for economic regeneration. but leaders during that time were driven by goal of “Never Again” and they were successful in reconstructing and developing peace and security (ie. UN charter) -their political will change the world and improved the world, they lived up to our responsibility -GLOBAL ACTION!!! CHANGE MUST BE DONE RAPIDLY -sustainable development goals- live in harmony in tune with mother earth -binding CLIMATE AGREEMENT IS NEEDED so we can keep increasing move to lessen carbon emission and move towards renewable energy -we have to start living these goals in our daily lives -issue that needs MORE AND MORE MOMENTUM -face of environment changed because of the justice issue -urging politicians to move very rapidly -climate march- building on climate momentum -NO ONE IS LEFT BEHIND!!! Session 6 and 8: WOMEN AND HR BEIJING DECLARATION AND PLATFORM FOR ACTION (BDPA) Women and Armed Conflict 1. An environment that maintains world peace and promotes and protects human rights, democracy and the peaceful settlement of disputes, in accordance with the principles of non-threat or use of force against territorial integrity or political independence and of respect for sovereignty as set forth in the Charter of the United Nations, is an important factor for the advancement of women. 2. Peace is inextricably linked with equality between women and men and development 3. Gross and systematic violations and situations that constitute serious obstacles to the full enjoyment of human rights continue to occur in different parts of the world. Such violations and obstacles include, as well as torture and cruel, inhuman and degrading treatment or punishment, summary and arbitrary executions, disappearances, arbitrary detentions, all forms of racism and racial discrimination, foreign occupation and alien domination, xenophobia, poverty, hunger and other denials of economic, social and cultural rights, religious intolerance, terrorism, discrimination against women and lack of the rule of law. 4. International humanitarian law, prohibiting attacks on civilian populations, as such, is at times systematically ignored and human rights are often violated in connection with situations of armed conflict, affecting the civilian population, especially women, children, the elderly and the disabled. Violations of the human rights of women in situations of armed conflict are violations of the

fundamental principles of international human rights and humanitarian law. The Geneva Convention relative to the Protection of Civilian Persons in Time of War, of 1949, and the Additional Protocols of 1977 24/ provide that women shall especially be protected against any attack on their honour, in particular against humiliating and degrading treatment, rape, enforced prostitution or any form of indecent assault. 6. In a world of continuing instability and violence, the implementation of cooperative approaches to peace and security is urgently needed. The equal access and full participation of women in power structures and their full involvement in all efforts for the prevention and resolution of conflicts are essential for the maintenance and promotion of peace and security. Although women have begun to play an important role in conflict resolution, peace-keeping and defence and foreign affairs mechanisms, they are still underrepresented in decision-making positions. 7. If women are to play an equal part in securing and maintaining peace, they must be empowered politically and economically and represented adequately at all levels of decision-making. 8. Strategic objective: a. Increase participation of women in conflict resolution at decision-making levels and protect women living in situations of armed and other conflicts or under foreign occupation. b. Reduce excessive military expenditures and control the availability of armaments c. Promote non-violent forms of conflict resolution and reduce the incidence of HR abuse in conflict situations d. Promote women’s contribution to fostering a culture of peace e. Provide protection, assistance and training to refugee women, other displaced women in need of international protection and internally displaced women f. Provide assistance to the women of the colonies and non-self-governing territories Convention on the Elimination of All Forms of Discrimination against Women (CEDAW) 1. discrimination against women- any distinction, exclusion or restriction made on the basis of sex which has the effect or purpose of impairing or nullifying the recognition, enjoyment or exercise by women, irrespective of their marital status, on a basis of equality of men and women, of human rights and fundamental freedoms in the political, economic, social, cultural, civil or any other field. 2. States Parties shall take in all fields, in particular in the political, social, economic and cultural fields, all appropriate measures, including legislation, to en sure the full development and advancement of women, for the purpose of guaranteeing them the exercise and enjoyment of human rights and fundamental freedoms on a basis of equality with men. 3. Women and political participation: a. vote in all elections and public referenda and to be eligible for election to all publicly elected bodies; b. participate in the formulation of government policy and the implementation thereof and to hold public office and perform all public functions at all levels of government; c. participate in non-governmental organizations and associations concerned with the public and political life of the country Feminist Praxis and Women’s Human Rights (Parisi) 1. 1946-1970: early battles for equality 5.

a.

Second World War disrupted the ‘first wave’ of feminism (nineteenth and early twentieth century) that had largely focused on civil and political liber- ties for women.

b.

central liberal feminist tenet that spilled over to the post-Second World War period is that men and women are the same in rational ability and capacity for autonomy and self-determination and therefore should be afforded full citizenship and its attendant rights, protections and opportunities

c.

The UDHR does not specifically address women’s rights but it does briefly address the idea of sexual equality in Article Two: ‘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, political or other opinion, national or social origin, property, birth or other status’.

d.

By the 1970s, however, the limitations of the pursuit of civil and political liberties for women became increasingly clear as the UN struggled with the issues of poverty, malnutrition and population as it began its preparations for the World Food Conference (1974) and the World Population Conference (1974). 2. 1970-1985: WID, WAD, and the UN Decade on Women a. For Western liberal feminists, modernization theory in itself was not flawed; rather, it was in the way modernization theory was translated into development programmes. Liberal feminists believed that if women were integrated into, rather than excluded from, development programmes that these programmes would enhance women’s roles as producers, thereby leading to greater prosperity, equality and empowerment. This perspective became known as ‘women in development’ (WID). b. Second wave of feminism: women’s oppression as the lack of economic opportunity and stifling lives as housewives c. WID models also neglected the issue of class. Neo-Marxist feminists argued that WID did not adequately address the role of capitalist economic relations in promoting inequality between classes of women as well as gender inequality within classes. d. The majority of the 30 articles of CEDAW are concerned with social, economic and cultural rights embedded in the liberal feminist WID and non-discrimination framework that relies heavily on the principle of equality before the law; only four articles deal explicitly with the political and civil liberties of women. e. mission behind CEDAW was to recast women as subjects rather than objects of development, recognizing them as fully autonomous beings entitled to human rights widely enjoyed by men, yet at the same time recognizing that there are indeed differences between men and women, such as the ability to bear children, that have historically served as justifi- cation for discrimination against women f. CEDAW, standard setting and data collection, the world conferences on women, and institutional changes at the UN all supported the idea of empowering individual women to achieve full human rights. 3. 1985-present: gendering human rights and development a. critiques on the liberal feminist framework: i. androcentric construction of HR ii. perpetuation of the false dichotomy between the public and private spheres b. Both androcentrism and the public–private split are embedded in patriarchy (another core theoretical concept of radical and socialist feminisms), understood here to mean the degree to which society is ‘(i) male-dominated, (ii) male-identified, and (iii) male-centered’ i. Male domination- refers to the tendency for positions of authority to be reserved for and occupied by men ii. Male identification- closely connected to the social construction of gender and gender hierarchies. iii. The privileging of masculinity over femininity also justifies androcentrism, or malecentredness, in which male experience is accepted as the norm or as the human experience * Gender is the sociocultural interpretation of biological sex, i.e. the construction of societal definitions of masculinity and femininity. c. Transnational activism becomes a central focus of this period as well. Recognizing that patriarchy operates within and across class, culture, race and sexual orientation, feminists began building a tentative global civil society based on shared mutual interests. -ie. Development and proliferation of women NGO 4.

The Future: one step forward, two steps back? a. Unresolved issues: sexuality, culture and globalization

Women’s Rights as Human Rights: Toward a Re-Vision of Human Rights (Bunch) 1. Many violations of women’s HR are distinctly connected to being female- that is, women are discriminated against and abused on the basis of gender 2. Few governments exhibit more than token commitment to women’s equality as a basic HR in domestic or foreign policy. No government determines its policies toward other countries on the basis of their treatment of women. Even when some aid and trade decisions are said to be based on a country’s HR record 3. The greatest restriction of liberty, dignity and movement, and at the same time, direct violation of the person is the threat and realization of violence. However, violence against female sex, on a scale which far exceeds the list of Amnesty International Victims, is tolerated publicly; indeed some acts of violation are not crimes in law, others are legitimized in custom or court opinion and most are blamed on victims themselves 4. Violence against women is a touchstone that illustrates the limited concept of HR and highlights the political nature of the abuse of women. Victims are chosen because of their gender 5. Failure to see the oppression of women as political also results in the exclusion of sex discrimination and violence against women from the HR agenda. 6. Four basic approaches in linking women’s rights to HR: i. Women’s rights as political and civil rights -taking women’s specific needs into consideration as part of the already recognized “first generation” political and civil liberties -this involves both raising visibility of women who suffer general HR violations as well as calling attention to particular abuses women encounter because they are female ii. Women’s rights as socioeconomic rights- includes the plight of women with regard to the “second generation”’ HR as the rights to food, shelter, health care and employment iii. Women’s rights and the law- creation of new legal mechanisms to counter sex discrimination iv. Feminist transformation of HR- transforming HR concept from a feminist perspective, so that it will take greater account of women’s lives (ie. Gabriela partylist) The Leadership Role of International Law in Enforcing Women’s Rights: The Optional Protocol to the Women’s Convention (Tang) 1. 'We need global solidarity/support for our local struggles.' Progress in bringing violations of women's rights to the attention of the international community has been largely due to the persistent action of women's organization 2. The 1979 Convention on the Elimination of All Forms of Discrimination Against Women (often called the 'Women's Convention') is the first and most comprehensive international agreement dealing with the human rights of women. 3. As a treaty that aimed to foster women's equality with men, the Women's Convention defined discrimination against women, and detailed measures to be taken to enable women's rights to be fully realized. In addition to demanding that women be accorded equal rights with men, the Convention goes further by prescribing the measures to be taken to ensure that women everywhere are able to enjoy the rights to which they are entitled 4. Criticisms from both Left and Right: a. Right- international obligations can make states liable for many expensive legal cases, if established practices are open to challenge under international human rights law b. Left- criticized the fact that some ratifying countries have imposed limitations on the applicability of the Convention. Like other international agreements, the Women's Convention can be ratified with reservations. 5. Note that CEDAW does not contain provisions on violence against women, unlike ICCPR , Convention on the Rights of a Chile, and Convention against Torture, which contain specific wording on violence against women 6. international law has increasingly recognised that an individual may possess both rights and

7.

8.

duties, and that the legal principle that individuals do not participate on the international scene has been eroded. women's organizations called for the introduction of an Optional Protocol to the Women's Convention, to give individuals and groups the right to complain to CEDAW about violations of the Women's Convention, and to allow CEDAW to conduct enquiries into grave or systematic abuses of women’s HR in countries that have ratified the Optional Protocol Optional Protocol to the Women's Convention opens up opportunities for women to assert their rights against oppressive regimes. Though it is a powerful tool, the Optional Protocol does not mark the elimination of discrimination against women. International law cannot immediately change deeply rooted attitudes, nor can it overthrow patriarchy instantly. Feminist strategies for social change at the national level are still indispensable. These include defining gender issues; creating an agenda for action; making explicit connections between local organising efforts and national politics; nurturing women's social networks as the context for motivating, empowering, and sustaining women in their work for social change; and building coalitions among groups of women

Gender Dimensions of Post-Conflict Restruction (Greenberg and Zuckerman) 1. SC1325 commits to women’s participation in peace negotiations, preventing and managing conflict and peacekeeping operations. Although SC1325 could be strengthened by mandating the need to address gender relations and gender equality during all phases of conflict and post- conflict, it is a historic achievement raising the stature of gender roles and women’s needs in international discourse and planning. 2. Three dimensions of gender aspects of post-conflict PPP i. Women’s right to participate meaningfully in policymaking and resource allocation ii. Benefit substantially from public and private resources and services iii. Partner collaboratively with men in constructing the new peace and prosperity 3. Post-conflict situations provide extraordinary opportunities to set new norms, draft new rules, engage new leaders, and build new institutions In such circumstances, it is imperative that women’s rights be recognized and supported. et for women to enjoy their rights, they must have resources – capacity, property, capital, and decision-making power. To accomplish this, it is sometimes necessary to support women- focused activities that address deficits or disparities, and ensure that women have resources or capabilities. 4. Four areas of ensuring respect for women’s rights, both within donors’ programmes and through government policies, contributes to PC-PPP: Women’s rights to: i. Participate fully and effectively in decision-making, particularly political ii. Own property, including housing, land and other assets iii. Work without discrimination in hiring, benefits, promotion or firing and iv. Live free from violence 5. Challenges in dimension one: women-focused activities i. Almost always under-resourced ii. Beyond the challenge of initial funding is the need for it to be sustained iii. Another challenge of women-focused programs is to go beyond perfunctory participation and de jure legal protections to effective participation and commitment to gender equality. iv. Need for policies that recognize how political processes and legal institutions affect women’s lives and may reinforce gender biases 6. Gender-aware programming- gender mainstreaming; systematically identifying and addressing gender issues that may obstruct or improve efforts to build peaceful and prosperous post-conflict societies 7. Gender-role transformation; two hypotheses: i)

Without gender equality, it is impossible to achieve economically and physically 
 secure

ii)

societies cleansed of structural violence; Without transforming gendered responsibilities and values, it is impossible to overcome

conflict legacies for sustainable reconstruction 
 Gender Violence in Armed Conflicts . Gender Based Violence is used as a weapon with the intention to demoralize and destabilize. Gender crimes are a result of an organized action and they intend to harm, so consequently, they are, indeed, indignity crimes. Furthermore, rape is a “cheap” and very effective weapon of war, which is used on a daily basis in today ́s conflicts; 
 . Gender Based Violence must be known. Knowledge is a remarkable important factor of prevention. Women are affected in many ways by war and some of them are very specific to them. Their plight does not receive the attention it deserves. The United Nations Security Council Resolution (UNSCR) 1325 on “Women, Peace and Security” recognizes the disproportionate impact that war and conflicts have on women and children and calls for the inclusion of gender perspectives in peace negotiations, humanitarian planning, peacekeeping operations, post-conflict peace building and governance. In this context it is essential the existence of gender advisers to military operations and the practice of a peace oriented journalism; 
 . Gender Based Violence is a continuum of violence. Men, women, the elderly, young kids, people in public positions of power or merely members of a family, all experience gender-based violence during armed conflicts, in periods of transition from war to peace, and during the post-conflict phase. GBV can thus be understood as a continuum of violence that varies in form and intensity depending on the dynamics of conflict; 
 . Gender Based Violence is a comprehensive problem that touches all actors directly and indirectly involved an armed conflict, and therefore, initiatives such as the “Montreux Document” on pertinent international legal obligations and good practices for States related to operations of private military and security companies, during armed conflicts is a good step in the right direction. Besides, humanitarian workers, private companies, military forces, police forces, United Nations peacekeepers, and governmental institutions need to develop and implement good practices to deal with this phenomenon. 
 . Gender Based Violence cannot enjoy impunity; it must be accounted by national and international legal systems, in terms of criminal and disciplinary action. In this domain the following features are paramount: education, and training of armed forces; the existence of reporting mechanisms; and the role of military commanders to prevent the use of GBV as a tool of war. 
 Women, War and Transition (El- Bushra and Mukarubaga) 1. Both gender roles and conflict relate fundamentally to the exercise of power. Conflict distorts gender roles, creating tensions between the different demands placed on women. 2. Though women’s role in protecting and maintaining the family is magnified in war, to the extent that they may take over many of men’s functions, they mostly retain their subordinate position in power structures. 3. Many communities stricken by conflict, and heavily dependent on women to maintain production and generate income, still retain the male domination of organizations which control economic resources, such as committees to oversee the distribution of relief goods. 4. In armed conflict, there is a widespread practice of targeting women for particular abuse, precisely because of their association with the identity and well-being of their community. The use of rape and other forms of sexual humiliation as a weapon of war has been documented most recently in ex-Yugoslavia, but as a strategy is as old as war itself 5. When external pressures on a society increase, a common reaction is to uphold women’s `virtue’ as a vital element of cultural identity, and thus to try to protect and to control this virtue. The tendency towards fundamentalist interpretations of religion often has to be understood as a

response to the threat of cultural erosion. It is within the power of women to construct or reinforce relationships and attitudes across generations, by the way they bring their children up. The tragic events in Rwanda left a large number of widows and their children deeply traumatized. Women have under- gone every sort of humiliation: rape leading sometimes to pregnancy (many girls have already given birth to children who resulted from rape); loss of husband or children (especially boys); rape of small girls in the presence of their mothers; voluntary or forced participation in massacres. Today women find themselves deprived of everything ± their families, friends, possessions ± and without emotional or physical strength to rebuild their lives. 7. Conflict provides change in social relationships including gender relations. 8. If this means that women’s roles both inside and outside the domestic arena are acknowledged and validated, and that new areas of responsibility can be carved out by them, change will be positive. Whatever women suffer during war, many gain such self- confidence, self-respect, and autonomy in the process that they resolve never to slip back into the old ways, when they were beholden to men and lacked the skills to make their capacities and feelings known. 9. the relationship between women and men in any society is the business of the individuals themselves. Humanitarian agencies have the responsibility to ensure that their actions do not aggravate women’s subordinate position 10. women’s needs and rights must be taken into account in relief efforts, and this cannot be done by using male power structures. Much work is needed on identifying forms of organization and mutual support which have meaning for women, and working out ways of enhancing their capacity. 6.

From lecture: Women’s Human Rights in Armed Conflicts All men rebel group- Macro All women rebel group- Micro Mixed- inclusion Does gender matter? Yes. When there is tendency to exclude, there is also tendency to exclude experiences and perceptions. Men and women experience the same thing DIFFERENTLY Basic Gender analysis 1. ask the roles being played 2. access to resources Ask what both genders play pre, during and post conflict situations *Pre-conflict situation includes property rights and ownership (ie. Dowry- Man paying for the woman; value is based on profession, educational attainment etc.) *pre-existing vulnerability of women PRIOR to war, thus, when war comes, there is heightened vulnerability to women Women need not be solely victims, they can also be perpetrators of violence DDR- Demobilization, Disarmament, Reintegration- when examining that when it is mostly men coordinating with DD - to get more efficient policy and peace process, THE MIXED GENDER MODEL should be observed. It should invoke the inclusion of all sexes, NOT just by number BUT the quality of representation. - Important to note that it shouldn’t just be about representation, it should include ACTIVE PARTICIPATION 2 spheres of violence against women (before, during, after conflict) 1. Structural violence- political, economic, social, cultural 2. Direct violence- sexual and gender-based violence

Convergence- linkage of national, regional and domestic Example: PH: RA 9851: IHL, Genocide, Crimes Against Humanity -the above is a combination of various conventions: Geneva Conventions, Convention on Genocide, Rome Statute -at the level of international, you are looking at standards, norms, and state obligations -when you’re looking at regional level, you have ASEAN; talk about COMMITMENTS -Local: regional action plan ie. ARMM; action to ground basic norms MAKE SURE ENSURED PARTICIPATION Meaningful-genuine inclusion and participation. Recognition of wider contribution. Link between the formal (official government and rebel group) and informal Women in peace process 1. Women in the grass roots 2. Women in Indigenous Groups 3. And others not only those which are on the table for negotiation Session 7: HR and Colonialism When is law a law 1. Leopold Pospisil -Authority -Intention of universal application -obligation -sanction 2. Kohler - Directives issuing from the particular civilized society to those who are wielding social control through law within it. 3. Cardozo -Rule of conduct so established as to justify prediction with reasonable certainty that it will be enforced by the courts if its authority is challenged 4. Northrop -Codified values and conception of facts of a culture Diversity of justice mechanisms in many nations  Indigenous communities established justice system based on norms and customs;  Several Muslim communities enforce traditional and Shariah law;  Local justice practices persist amid ascendance of State Laws. Social order or Social Construction (Hoebel)  Legal norms: like social norms are products of selection (socially constructed, arbitrary, not natural).  Subject to test of consistency with the guiding principles set in the basic postulates of their respective societies.  Not all basic postulates of any social system bear on legal problems;  Legal systems rarely pretend to govern all phases of life. LEGAL PLURALISM (Griffiths)  

Recognize the presence in the field of more than one legal order; Dependent on the power of the state; State conception of the legal world.



The presence in the field of more than one legal order; Breaks from the stranglehold of the idea a law as:  Single, unified and exclusive hierarchical normative ordering;  Dependent from the power of the state;  The legal world actually looks the way state conception requires it to look.  Concomitant of social pluralism: aligning legal organization with actual conditions of diversity of social organization.  Considers that social action takes place in a context of multiple, overlapping, semi-autonomous social fields.  Law and legal institutions are not all subsumable within one system but have their sources in the self-regulatory activities of all the multifarious social fields present: supporting, complementing, ignoring or frustrating one another;  Law is actually the result of enormously complex and usually unpredictable patterns of competition, interaction, negotiation, isolationism, and so on.  A legal system is ‘pluralistic’ when a sovereign (state) commands different bodies of law for different groups in the population. Legal Pluralism in the PH (De Facto Legal Domains) 1. State Laws • National: • Provincial • Municipal • Barangay 2. Customary Laws . Indigenous 
 . Moro/Muslim 
 . State 
 . National Democratic Front 
 3. Shariah • Philippine Shariah Courts 
 • Moro Islamic Liberation Front 
 Practical Difficulties of Legal Pluralism 1. Problems of jurisdiction 2. Difficulties in deciding whether a person belongs in a particular category subject to a certain law 3. Questions of what to do when a person desires to leave a category 4. Cultural relativity Cultural Relativity and HR  For some local/indigenous communities, there cannot be a criminal offence;  Other legally recognized offences are of the type known in Anglo- American law as torts:  Private (or civil) wrongs or injuries independent of contract;  Responsibility for initiating any prosecution rests with the aggrieved.  Moral offences are criminal offences  Implications on human rights: articulation and expression of universal morality and respect of the integrity of the person in a legal frame that values collectivity and sociality; International Laws that Resonates with Legal Pluralism 1. ILO Convention Nos 107 and 169 (Indigenous Peoples) 2. Agenda 21 and Convention of Biological Diversity

Can Legal Pluralism Work (Hussain)  Despite these problems legal pluralism works reasonably well;  Legal pluralism is possibly the only practical solution in multiethnic, multi-religious countries like those in Southeast Asia;  Addresses difficult issues on land, identity, and gender relations.