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Call for Publications

Theme: Gender, Human Rights and the Limits of Legal Frameworks
Subtitle: Challenging the Place of Women's Rights in Post-Transition
Countries
Publication: Edited Book Volume
Deadline: 30.6.2015

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The end of armed conflicts, the granting of political independence,
the demise of authoritarian regimes and the conclusion or termination
of the work of criminal tribunals and truth commissions does not
necessarily stabilise gender relationships. It does not also signal
an end to structural gender based discrimination and violence against
women. Women continue to face enormous socio-legal challenges in the
aftermath due, in part, to their identities as women. In addition,
this is a result of the manner in which the vestiges of the recent
societal armed conflict/authoritarian past may have helped in shaping
post-transition justice reform processes. For instance,
heteronormative societal understandings of, for example, incidences
of gender based violence or the identity of female murders and
criminals have had a major impact on how courts as platforms of power
(over others) interpret and apply the law. The ways in which
scenarios of violence against women are imagined and experienced;
witnesses are led and cross examined; and evidences understood have
contributed to, at best, the trivialisation of some of the core
concerns for women (including women who are in conflict with the law)
for much of these post-transition countries.

The legal imaginary around the identity of women have also opened up
contested spaces for the transformation of legalistic language into
an instrument for the patriarchal interpretation of content and
context. It also influences the (re)framing and selection of facts,
the grafting and linking of substantive and procedural issues in ways
that either ends up in the alienation of women or in compromising due
process. The existence of patriarchal resistance to women’s rights
and equal political representation (viewed as a strategy for the
promotion of gender-aware human rights practices) exposes the
gender-insensitive nature of the legal modes employed by
post-transition states and their courts systems (statutory and
customary) on gender-specific issues. Thus, despite the existence of
a plethora of global and local initiatives that continue to promote
political liberalism, rule of law, gender equality and women’s rights
as frameworks for post-war and post-authoritarian justice-sector
governance reforms, the persistency of structural barriers have made
it difficult for women and other vulnerable groups to use their
personal and collective experiences as agentive possibilities for
legal reforms in the aftermath.

What, then, are the implications of transitional justice initiatives:
criminal tribunals, truth and reconciliation commissions, and the
vetting of state institutions on the processes of gender justice
reform in post-transition countries? As arenas for the contestation
of power and identity, how gender sensitive (or insensitive, thereof)
are the legalistic models employed by justice institutions, such as
courts and individual justices in these post-transition countries;
and how have they impacted on the lives of women who are in conflict
with the law? What are the strategies employed by right-based women’s
groups to channel their expressive forms of agency, and alternative
paths for the resolution of disputes and grievances, and the ultimate
transformation of these strategies into frameworks for legal reform
in post-transition countries?  In what ways have the underlying legal
and political ideas of justice and human rights, and the engendered
identity-induced expressions of vulnerability, of ‘otherness,’ and of
‘place’; and of agency and personhood, impact the theoretical and
discursive representation of the place of women’s rights in
post-transition societies? How can gender-sensitive law reform be
formulated and regulated in politically volatile post-transition
societies?

To explore these questions, we invite interdisciplinary contributions
from scholars and practitioners working on women’s rights issues,
broadly defined, in post-transition countries in Africa, Latin
America, the Middle East and South-East Asia and the Pacific regions.
In the case of Africa we are particularly interested in abstracts
that focus on countries that experienced the ‘Arab Spring Uprising’
in North Africa; and South Sudan, which although is still
experiencing an intractable civil war, fits our definition of
‘post-transition’ having transitioned into an independent country
from Sudan. With respect to the Pacific regions we are particularly
interested in case studies from Sri Lanka and Timor Leste. Papers
must engage with the strengths and limitations of gender and feminist
studies, transitional justice theories — i.e. tort theory,
retributive justice and restorative justice theories; legal studies
(constitutionalism, human rights and international law), political
science, sociology, and social and cultural anthropology.

Editors
 
John Idriss Lahai, PhD
School of International Studies
Flinders University
Australia

Khanyisela Moyo, PhD
Transitional Justice Institute
University of Ulster
United Kingdom 

Kindly submit your abstracts (of no more than 250 words, which should
include a statement on methodology and conceptual framework) to the
editors: Dr. John Idriss Lahai ([email protected]) and Dr.
Khanyisela Moyo ([email protected]). 

The deadline for submission of abstracts is 30 June 2015. Invitations
to contribute chapters will be sent out by late July, with draft
chapters due preferably by 30 November 2015. 


Contact:

John Idriss Lahai
School of International Studies
Faculty of Social and Behavioural Sciences
Flinders University
GPO Box 2100
Adelaide 5001, SA
Australia
Email: [email protected]




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