Abstract:
This paper analyses the social and legal issues concerning women’s
participation in post-armed conflict and peace-building in Sri Lanka, and
reiterates the necessity to include a gender perspective into the process
relating to peace and security, and attempt to establish that a difference in
nation-building is possible if the rhetoric about including women is
translated into reality. Women have not been equitably represented in the
official negotiations during cease-fire periods or in post-war peace process in
the country, and as a result, issues and concerns particularly relating to
women, have not been adequately addressed. The inclusion of women in
peace-building may be justified on two broad grounds. (i) State obligation
under the national Constitution, CEDAW, and the pledges made by states
under the UN Security Council Resolution 1325 and 1889 to ensure the full,
equal and effective participation of women at all stages of peace process,
particularly in post-conflict reconstruction, planning and peace-building; (ii)
on the basis of justice and equity to more than half the population of the
country, considering their multiple-victimization during the conflict as well
as afterwards, as IDPs, returnees and civilians who make an effort to rebuild
their lives as widows and heads of households, and on the ground of
women’s efficiency in peace-making. Despite all these reasons, and in spite of
the abolition of more obvious discriminations from the law, women continue
to be under-represented in the post-conflict reconciliation process. While
the reasons for their non-inclusion vary, this paper analyses the impact of
patriarchal structures and biases in the society on the gender-discriminatory
application of the law and implementation of human rights of women that
prevent women’s effective contribution in post-war reconstruction efforts.
The analysis is based on constitutional and international obligations on the
part of the government to include women in post-war peace process so as to
ensure the enjoyment of civil and political as well as economic and cultural
rights on a basis of equality.
