C Explanatory memorandum by Ms Boriana
Åberg, rapporteur for opinion
1 Introduction
1. I would like to congratulate
Ms Yevheniia Kravchuk (Ukraine, ALDE) for her report on “Justice
and security for women in peace reconciliation” on behalf of the
Committee on Equality and Non-Discrimination. I would like to pay
special tribute to her commitment to see this work through to the
end despite the Russian Federation’s ongoing aggression against
her country, Ukraine, which must have generated substantial difficulties
for carrying out her task.
2. As a Ukrainian woman parliamentarian, Ms Kravchuk found herself
finalising a report which stresses that women and girls are among
the first casualties of war, notably as victims of conflict-related
sexual violence, at a time when a growing body of evidence collected
by international bodies and non-governmental observers show that
Russian armed forces may have committed serious violations of international
humanitarian law including, rape and sexual violence, and 90% of
the refugees resulting from the conflict are women and children.
3. However, Ms Kravchuk is well placed to know that during war,
women are not only victims but also key actors at the political,
military and humanitarian forefront. As rightly put in the draft
resolution, the Ukrainian women parliamentarians have shown during
the ongoing war that they can capture the world’s attention to the unfolding
drama and act tirelessly to put an end to the conflict, while reflecting
on how legislation and policies will contribute to peace and reconciliation
after the war.
2 Women’s critical
role in peace processes
4. The statistical data provided
on women’s participation in major peace processes worldwide (paragraph 4
of the draft resolution) shows that women are often absent from
the negotiating table during peace talks. This is not only unrealistic
and even surreal – as pointed out in the draft resolution – but
also ineffective. In fact, women’s participation in peace processes
is critical.
5. A 2015 study on the implementation of the United Nations Security
Council Resolution 1325 (2000) on women, peace and security found
that women’s participation increases by 35% the probability of a
peace agreement lasting 15 years. According to the same study, analysis
of 40 peace processes since the end of the Cold War shows that,
in cases where women were able to exercise a strong influence on
the negotiation process, there was a much higher chance that an
agreement would be reached than when women’s groups exercised weak
or no influence. In cases of strong influence of women an agreement
was almost always reached.
Note
6. Women must be included in conflict prevention, conflict resolution
and reconciliation efforts to ensure that their interests and lived
experiences are fully reflected in peace processes, and equally
considered in recovery efforts in the aftermath of conflicts.
Note In
its relevant resolutions relating to the prevention and settlement of
crisis and conflicts, the Assembly stressed the need to include
women in different modalities of reconciliation efforts with a view
to a durable political settlement and has consistently referred
to the UN Security Council Resolution 1325 (2000) on women, peace
and security in this context.
Note
7. The UN Security Council Resolution 1325 (2000) reaffirms the
important role of women in the prevention and resolution of conflicts,
peace negotiations, peace building, peacekeeping, humanitarian response
and in post-conflict reconstruction and stresses the importance
of their equal participation and full involvement in all efforts
for the maintenance and promotion of peace and security. It urges
all actors to increase the participation of women and incorporate
gender perspectives in all United Nations peace and security efforts.
It also calls on all parties to conflict to take special measures
to protect women and girls from gender-based violence, particularly
rape and other forms of sexual abuse, in situations of armed conflict.
Resolution 1325 (2000) was followed by six related resolutions:
Resolutions 1820 (2008), 1888 (2009), 1889 (2009), 1960 (2010),
2106 (2013) and 2122 (2013). Implementation of these resolutions
is often termed the “women, peace and security agenda” (WPS agenda).
8. With a view to strengthening the draft resolution’s message
on the need for the Assembly to put justice and security for women
at the top of the list of priorities for global action, and for
women to be empowered to act in all stages of conflict resolution
and peace building (paragraph 5), I propose to add a reference to
the UN the Security Council Resolution 1325 (2000) which is a landmark
instrument. Similarly, I think it would reinforce the draft resolution’s
message to recall that the implementation of Resolution 1325 (2000)
and WPS agenda falls in the first place on member States. These
two amendments would also facilitate the reading of the subsequent
operative paragraphs where the UN Security Council Resolution and
WPS agenda are referred to (Amendments A and B).
9. In accordance with its terms of reference, the Committee on
Political Affairs and Democracy will continue to work on the prevention
of conflicts and the creation of conditions for their peaceful and
durable settlement. The upcoming committee report entitled “The
role of the Council of Europe in preventing human suffering resulting
from international armed conflicts: different stages of conflict
prevention and best practices to be employed” will be an opportunity
to develop women’s involvement in conflict prevention.
3 Women in the
armed forces
10. I was a member of the Committee
on Equality and Non-Discrimination when the report on “Women in the
armed forces: promoting equality, putting an end to gender-based
violence” was under preparation. Two issues that got my attention
at the time are particularly relevant for Ms Kravchuk’s report:
the importance of promoting the recruitment of women to the armed
forces as well as promoting their careers in the military,
Note and that
of creating a climate conducive to gender equality within the armed
forces,
inter alia, by making
sure that both women and men teach in military academies. Measures
aimed at achieving these objectives can only but increase women’s
participation at the negotiation table on an equal footing with
their male counterparts and should therefore be encouraged (Amendments
C and D).
4 No peace without
justice
11. Justice is an indispensable
ingredient in the process of reconciliation for the victims, communities
and countries concerned and is essential to resolutely fight impunity,
which is unacceptable.
Note The report stresses the importance of
transitional justice and notes that the relevant legal procedures
are a necessary part of peace reconciliation.
12. Building on this argument, the draft resolution stresses that
transitional justice is a precondition for rebuilding societies
and attaining justice and closure for victims and welcomes the decision
by the Prosecutor of the International Criminal Court to investigate
the crimes committed by the Russian Federation in its war of aggression
waged against Ukraine, as well as the establishment of a special
investigation commission by the United Nations Human Rights Council
(paragraph 9).
13. This is consistent with
Resolution
2433 (2022) “Consequences of the Russian Federation's continued aggression
against Ukraine: role and response of the Council of Europe” adopted
during the April 2022 part-session, where the Assembly said that
it was “alarmed at the mounting evidence of atrocities committed
by Russian armed forces in the context of war of aggression, often
targeting the most vulnerable” and reiterated its full support for
all efforts aimed at investigating violations by the Russian Federation
of international human rights and international humanitarian law
and other international crimes, including war crimes, crimes against humanity
and genocide, and ensuring the accountability of the aggressor.
Note
14. The focus in paragraph 10.3 of the draft resolution on gender-specific
collection of testimonies from persons having suffered sexual violence
is also consistent with Resolution 2433 (2022) where the Assembly called
on Council of Europe member States to support the investigations
and proceedings that have been set up by the International Criminal
Court, the International Court of Justice and the Commission of
Inquiry on Ukraine set up by the Human Rights Council as well as
the work of the Prosecutor General of Ukraine aimed at ensuring
accountability for violations of international human rights law,
humanitarian law and other international crimes; and to support
the gathering of evidence on the ground to be used in investigations,
in particular concerning sexual violence, which requires swift and
specific action (photographic evidence, DNA conservation, etc.).
5 Importance of
quality education for developing peaceful societies
15. In
Resolution 2378 (2021) “Strengthening the role of young people in the prevention
and resolution of conflicts”, the Assembly stressed the importance
of quality education and capacity building, notably with regard to
citizenship, conflict transformation and human rights, for developing
peaceful societies. Quality education is also important for fostering
democratic participation, including in the form of engagement in
civil society activities the importance of which are stressed in
paragraph 11 of the draft resolution. Therefore, I would like to
propose an amendment regarding the inclusion of democratic citizenship
and peace education into the formal school curriculum (Amendment
E).
