48 N.Y.U. J. Int'l L. & Pol. 1211 (2015-2016)
Exposing the Gendered Myth of Post Conflict Transition: The Transformative Power of Economic and Social Rights

handle is hein.journals/nyuilp48 and id is 1229 raw text is: 





        EXPOSING THE GENDERED MYTH OF
             POST CONFLICT TRANSITION:
          THE TRANSFORMATIVE POWER OF
          ECONOMIC AND SOCIAL RIGHTS


          MADELEINE REES* AND CHRISTINE CHINKIN**

     Post conflict transition has become an industry, with a
plethora of states, NGOs, experts, institutes, academics and
U.N. bodies, all seeking to find the right formula to effect real
and sustainable peace where previously there has been none.
It is valuable and important, nevertheless, to note that more
than [fifty] percent of peace agreements fail within the first
five years of signature.' The evidence is clear: transitions are
not working.
     In this essay we seek to explain and deconstruct some of
the terminology applied to post conflict situations by briefly
looking at concepts of gender equality participation, politi-
cal economy, neo-liberalism, and transformation. We then
show how human rights and in particular economic, social and
cultural rights, which are vital to the organization of the inter-
national system but increasingly ignored in practice, can be
used to support a theory of change.
    The concept of transitional justice2 has evolved as a way of
describing how a society can move from one space, of conflict

    * Madeleine Rees, OBE, is a British lawyer and current Secretary Gen-
eral of the Women's International League for Peace and Freedom.
   ** Christine Chinkin is a William W. Cook Global Law Professor at the
University of Michigan Law School and an emerita professor of international
law at the London School of Economics and Political Science (LSE) at the
University of London. She is currently the director of the Centre for Wo-
men, Peace, and Security at the LSE.
    1. See, e.g., Gender, War, and Peacebuilding, UNITED STATES INSTITUTE OF
PEACE (Sept. 26, 2012), http://www.usip.org/publications/gender-war-and-
peacebuilding; Preventing Conflict, Transforming Justice, Securing the Peace Global
Study on the Implementation of Security Council 1325 (2015) at 40 http://wps.un
women.org/-/media/files/un%20women/wps/ highlights/unw-global-stu
dy-1325-2015.pdf. [Hereinafter Global Study] (More than half of peace
processes that reach an outcome lapse back into conflict within the first five
years.).
    2. See generally RUTi TEITEL, TRANSITIONAL JUSTICE (2000).

                             1211


Imaged with Permission of N.Y.U. Journal of International Law and Politics

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