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SGM paper

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Jean Paul Zapata

on 3 October 2013

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Transcript of SGM paper

Sexual and Gender Minorities
in Peacebuilding

written by: Leila Lohman
and Jean Paul Zapata

1. Why SGM in Peacebuilding?
2. Challenges and Issues for SGM
International Alert's Programming Framework
Legal Framework
for SGM in Peacebuilding

Human Rights Violations and Violence Grounded in Sexual Orientation and Gender Identity
Homophobic and/or transphobic violence which is physical and/or psychological (structural, sporadic and symbolic).
Phobia, stigma and prejudice as root causes for violence.
"Violence against LGBT persons tends to be especially vicious compared to other bias-motivated crimes" (2011 UN-OHCHR).
Positive post-conflict experience in Rwanda 2009.
Paradox: conflict can open new spaces in a positive sense.
Contextualizing Sexuality and Gender
Gap in SGM peacebuilding research and programming.
Identifying gaps in programming and research as first step to addressing issues.
Existing vulnerabilities for SGM outside conflict.
Violence is exacerbated by conflict, which SGM experience differently than larger vulnerable group.
Focus on violence because of implications around societal integration (over-representation of SGM in criminalized activities).
Gender-based violence (GBV) is too often understood only as violence against women, and with the assumption these women are heterosexual.
Focus on GBV has contributed to overlooking the pivotal aspect of one's sexual orientation and gender identity.
Male and female SGM experience violence differently (i.e. corrective rape for lesbian women/WSW vs cases of sexual abuse against gay men/MSM).
SAGBV result of state policing of bodies, identities and populations (bio-politics).
What are the links between
sexual and gender-based violence?
Policing of Sexuality
Theory suggests harassing behaviors based on sexual orientation or gender identity have common roots in traditional patriarchal roles.
Law enforcement plays pivotal role in both cases where SGM legal protections are and are not present.
Both state and non-state actors play a role in policing sexuality, and implementing legal protections and social conceptions.
Media & judicial sector bias
Media and judicial sector can play pivotal role in how a state's population, as well as other states, view a country's SGM record (i.e. under-reporting, misreporting, censoring).
Lack of legal protections can perpetuate violent cycle.
Discrepancies in media can hinder peacebuilding efforts.
"Pinkwashing" is a controversial phenomenon.
New media has offered opportunities for assembly, but policing entities have caught on to new media tool.
DDR and SSR causes pushes traditional gender roles into extremes (from pre- to post-conflict).
The main goals of DDR and SSR: access medicine, vocational training, mental and physical care, emergency housing, food and establish an accountable and transparent security force.
New security force must take into account past transgressions, but first anti-SGM transgressions must be defined.
Transgender individuals face more specific challenges (i.e. Colombia example).
Sexual Orientation and International Law
International bodies lack legally binding obligations to member states.
First UN legislation against SGM violence in 2008
Same-sex activity illegal in 76 countries, punishable by death in five, legal in 14.
"These discriminatory laws criminalize private, consensual same-sex relationships - exposing individuals to the risk of arrest, prosecution and imprisonment" (OHCHR 2012).
Mechanisms of Transitional Justice
Compensate for and help build proper law enforcement.
Criminal prosecutions, truth commissions, reparations programs, institutional reforms.
Integrate a "gendered" lens.
Can be seen to interfere with state sovereignty.
Asylum and Migration
Self-identification as SGM can backfire should asylum not be granted.
UN have incorporated SGM protections for unbiased asylum process.
Visibility of asylum cases can cause international attention and intervention.
SGM typically omitted from forced migration data collection.
Sexuality is a constructed field, which implies 'Western' concepts of evolution and identity (Joseph Massad and Neville Hoad).
Bisexual & Transgender are overlooked.
Sexual and gender minorities may not identify with Western construction of LGBT.
Public health sector has started using MSM.
Peacebuilding organizations: post-conflict peacebuilding as opportunity for social engineering, and tap into local philosophies about social acceptance.
State actors (government, judicial sector): legal protections against discrimination based on sexual orientation and gender identity.
Media: fair and balanced representation, anti-censorship.
Civil society/SGM activists: multi-sectoral approach to ensure state accountability and transparency.
Faith-based organizations: Religious leaders embracing humanitarian beliefs over propagating negative stigma.
commissioned by: International Alert
Challenges of using LGBT
Challenges of using SGM
Minority can be seen as pejorative.
Where do 'unconventional' opposite-sex activities fit?
Stigmas associated with SGM
Stigma is an underlying component to violence, bias and lack of legal protections.
Stigmas include but not limited to: HIV/AIDS, pedophilia, bestiality, feminization, sex work
Understanding of social, political, cultural and religious underpinnings is crucial.
Touting of "traditional values" serves as justification for stigma, prejudice and violence.
Challenges in
Disarmament, Demobilization
and Reintegration (DDR) &
Security Sector Reform (SSR)
• Power
• Income & Assets
• Fairness, equality and effectiveness of the law and legal process
• Safety
• Well-being
Five Peace Factors & Gender... moving beyond
Moving beyond the obstacles created by the gender binary
Gender-segregated IDP camps and challenges for transgendered and intersexed persons.
Censuses are approached in traditional binary system, omitting non-conforming gender persons.
Full transcript