Code: S/2015/74
Period of time and topic: UNMIK’s mandate implementation from 16 October 2014 through 15 January 2015
Women, Peace and Security
In regard to women’s protection, the report again noted the Lead Prosecutor’s filing indictments for sexual violence.[1] The report also mentioned a UNICEF survey on the situation of women and children in Kosovo.[2] The report included one additional reference to women’s participation when it noted that two women ministers were appointed out of a total of 21 positions.[3]
The report also included information on UN Women’s activities in Kosovo in its Human rights section.[4] On the International Day for the Elimination of Violence Against Women, UN Women, UNMIK, and the UN Development Coordinator hosted the Open Day on Women, Peace and Security in Kosovo.[5] Findings and recommendations from the Open Day were incorporated into the Global Study on 1325.[6] At the event, Kosovo’s NAP and the March 2014 recognition of survivors of sexual violence as a separate category in legislation were highlighted.[7] The report noted, however, that the implementation of the legal framework was hindered by a range of institutional factors, including inefficient coordination, overlapping mandates, insufficient financing and limited accountability.[8] UN Women also assisted the Agency for Gender Equality in conducting research on the participation of women in local and central institutions and political parties in preparation for the first monitoring report on the NAP. [9]Finally, UN Women implemented the 16 Days of Activism against Gender Violence at the end of November.[10]
References in need of improvement
The references to women’s participation and protection could have been stronger by including more information and assessing the quality of any progress made. The mention of the appointment of two female ministers should have included if they were qualified for those positions, if they had the institutional access and resources necessary to be effective in their positions, and what ministries they oversaw to gage the level of effectiveness these women might have had and in what areas to examine possible areas for improvement and next steps to increase women’s participation in the government.[11] The reference to sexual violence in judicial proceedings could have been much stronger if it was expanded upon to include women’s and women’s civil society organizations’ participation in any judicial processes to ensure they protected and promoted women’s human rights and respected the rights and met the needs of survivors.[12] Furthermore, the mention of the Lead Prosecutor’s indictments for sexual violence should have been more detailed in regards to difficulties in court delays, including how the rights and concerns of women would be respected even in a challenging operating environment; how women and women’s civil society organizations were included in the investigation, including how women’s rights were being protected in its conduct and the dissemination of the information for prosecution; and the importance of women’s participation in government and the government’s consultations with women’s civil society organizations to help overcome the obstacle of suspects having political power and the ability to block court proceedings.[13][1]
The reporting on UN Women’s activities could have been much stronger by being more detailed in how it included women and their concerns in the implementation of its activities in Kosovo. The Open Day should have included women’s and women’s civil society organizations’ participation in the design and implementation of any activities to incorporate women’s concerns, especially those of survivors of sexual violence, to protect and promote their human rights.[14] More specifically, the report should have included if women and women’s civil society organizations were a part of the design of the NAP and its implementation to ensure it met women’s needs and concerns in both content and execution, including any funding decisions.[15] Additionally, survivors of sexual violence should have participated in the highlighting of their designation as a separate category in legislation to ensure not only the event but the legislature respected their rights and privacy, met their concerns and needs, and did not adversely affect their security or put them at risk of being stigmatized.[16] Concerns over the implementation of the legal framework should have included women in the implementation to reflect their priorities in any restructuring or changes in the implementation structure or any other efforts to make the implementation more effective.[17] Women and women’s civil society organizations should have participated in the planning and implementation of the 16 Days of Activism Against Gender Violence to ensure any activities reflected their concerns and the entire event protected and promoted the rights of survivors of sexual and gender-based violence.[18] Similarly, UN Women’s work on supporting resolution 1325 (2000) should have included women and women’s civil society organizations in the research for the first monitoring report to ensure women’s human rights, including those of survivors of sexual and gender-based violence, were protected and promoted and ensure the report reflected women’s concerns in gaps, challenges and next steps in regards to the implementation of the NAP.[19]
Additionally, the report should have included why UNICEF’s survey for evidence-based policy making and monitoring did not separate women’s needs and concerns from those of children, and if the survey included women and women’s civil society organizations in its design and implementation to include women’s concerns and human rights.[20]
Missed Opportunities
As resolution 2144 (1999) contained no references to the women, peace and security agenda, the report did not miss any opportunities to respond to its WPS mandate.
Ideal Asks for WPS Transformation
The report should be improved with an explicit reference to and analysis of all genders, emphasizing diverse masculinities and femininities, including the dynamics between and among genders as well as the power relations and hierarchies at play, and the intersection of gender, race, ethnicity, nationality, religion, class, and age across all political, peace, and security processes.
_________________________
[1] S/2015/74 Annex I (2)(2.1)
[2] S/2015/74 para. 35
[3] S/2015/74 para. 6
[4] S/2015/74 paras. 41, 42
[5] S/2015/74 para. 41
[6] S/2015/74 para. 41
[7] S/2015/74 para. 41
[8] S/2015/74 para. 41
[9] S/2015/74 para. 42
[10] S/2015/74 para. 42
[11] S/2015/74 para. 6
[12] S/2015/74 Annex I (2)(2.1)
[13] S/2015/74 Annex I (2)(2.1)
[14] S/2015/74 para. 41
[15] S/2015/74 para. 41
[16] S/2015/74 para. 41
[17] S/2015/74 para. 41
[18] S/2015/74 para. 42
[19] S/2015/74 para. 42
[20] S/2015/74 para. 35