Vijeyarasa, Ramona --- "Putting Reproductive Rights on the Transitional Justice Agenda: The Need to Redress Violations and Incorporate Reproductive Health Reforms in Post-Conflict Development" [2009] UTSLRS 4; (2009) 15 New England Journal of International and Comparative Law 41

Last Updated: 17 May 2017

Putting reproductive rights on the transitional justice agenda:
The need to redress violations and incorporate reproductive health reforms in post-conflict development


Ramona Vijeyarasa

Introduction

Recognition of the systematic use of sexual violence as an instrument of war and ethnic cleansing has developed a strong foothold in international law.^[1] Examples of rape as genocide or as a strategy of war, from the Bangladesh-Pakistan war in the early 1970s^[2] to campaigns of sexual violence in the Central African Republic, demonstrate the existence of an intersection between sex-based and ethnic, race or class-based persecution.^[3] However, “reproductive rights,” both as a substantive area of focus as well as in the discourse adopted, are overwhelmingly absent from debates about post-conflict justice, institutional reform and the challenges to achieve sustainable development.
Reproductive rights include, inter alia, the right to attain the highest standard of sexual and reproductive health.^[4] Reproductive health requires the ability to have a satisfying and safe sex life and the capability to reproduce and the freedom to decide if, when and how often to do so:^[5]

Implicit in this last condition are the right of men and women to be informed and to have access to safe, effective, affordable and acceptable methods of family planning of their choice and the right to access appropriate health-care services that enable women to go safely through pregnancy.^[6]

Despite growing emphasis on gender-mainstreaming in post-conflict transitions and the increasing recognition of the importance of engendering transitional justice mechanisms, many of the key experiences of women during conflict, such as reproductive rights violations, receive too little attention. Insufficient emphasis has been placed on such violations as forced pregnancy, sterilization and coerced or forced use of contraception and genital mutilation, both as separate categories for liability as well as a basis for receiving reparations. In addition, the immediate reproductive health needs of women during conflict, particularly due to displacement, have tended to restrict reproductive rights debates to the urgent need for the provision of health services in conflict-affected settings.^[7] However, reproductive rights and health are significantly less visible in the period of institutional reform after some level of peace has been attained.

Whilst the extent to which reproductive rights are recognized and normalized varies, the ad hoc approach of giving credence to reproductive rights, if at all, is completely unsatisfactory. Additionally, analyzers of transitional justice mechanisms have directed insufficient criticism towards this failure to identify reproductive rights violations and utilize reproductive rights discourse in transitional justice initiatives. This, in turn, has exacerbated the absence of debate about engendered violations in future transitions and post-conflict reform. Given this lack of an academic dialog on the intersection of reproductive rights and transitional justice, I aim to redress this gap and promote greater engagement with reproductive rights by post-conflict actors.

Retroactive justice for women who have suffered reproductive violations is also essential if a society is to achieve lasting peace.^[8] Avoiding impunity inevitably prevents some level of repetition of similar violations in the new order. Whilst total justice is “improbable,” oblivion is completely undesirable.^[9] Reproductive rights are also central to women’s empowerment and equality and therefore the progress towards development of a country as a whole.^[10] As is continually reiterated, “there is no tool for development more effective than empowerment of women.”^[11]

The purpose of this paper is to highlight the need for a concerted rather than ad hoc approach to the recognition of reproductive rights violations in the application of all transitional justice tools, from prosecution to reparations, and proactive inclusion of reproductive rights in post-conflict constitutional, legal and policy reform. Part one of this thesis discusses the international legal foundations for reproductive rights and some of the reproductive health issues central to most conflict-ridden societies.

Part two turns to a number of transitions in which reproductive rights have received some level of attention. This includes discussion of reproductive rights violations before the International Tribunal for Rwanda (ICTR) and the International Criminal Tribunal for the former Yugoslavia (ICTY). In addition, testimony before South Africa’s Truth and Reconciliation Commission, as well as in Peru and Guatemala is also considered. Finally, reference is made to constitutional reform in South Africa, Nepal and Timor-Leste and finally, a general institutional reform in the health sectors.

The final section of this paper illustrates the relationship between the empowerment that results from justice and truth seeking for women who have suffered reproductive rights violations and a country’s successful transition to post-conflict stability. This thesis also emphasizes the importance of including strong reproductive rights guarantees in a nation’s constitution, legislative and policy reform, which include incorporating women’s equality, healthcare, education and well-being into a country’s vision of its future. Beyond reproductive rights, gender equality can become the norm in the new institutional and social framework.

I do not attempt to provide a thorough overview of the reproductive health issues during, before and after conflict. The issues are complex and depend on an array of factors, such as the number of refugees and internally displaced persons or the specific needs of conflict-affected youth and adolescents. Nor can I give adequate coverage to the extensive testimonies of victims of reproductive rights violations that emerge during and after conflict. However, the brief analysis provided below serves the purpose of raising a number of reproductive rights violations frequently experienced in conflict-affected settings, which could be addressed by some truth and justice-seeking mechanisms. A strong case is presented that the current weight given to reproductive rights violations and reproductive health in post-conflict reforms is completely inadequate, given the gravity of the violations and the consequences if they remain ignored. Given the centrality of reproductive rights to long-term development, failure to accord recognition to these rights is contrary to the very purpose of post-conflict justice.

I. Reproductive Rights and Reproductive Health in Times of Conflict

Reproductive rights violations during times of war are wide-ranging. Broadly speaking, reproductive rights comprise two important principles: reproductive self-determination and access to reproductive health care, information and services.^[12] Violations during periods of conflict predominantly concern breach of the right to autonomy and self-determination in sexual and reproductive decision-making. Violations range from sexual violence against women and unwanted pregnancies, as well as forced sterilization. An increase in vaginal fistula, where tears in the tissue of the vagina, bladder and rectum leave women unable to control their bodily functions, correlates with exceedingly violent rapes of women and girls in conflict-affected areas.^[13] In addition to being a self-standing violation, rape and sexual exploitation during war and in post-conflict situations often result in the increased vulnerability to HIV/AIDS and other sexually transmitted diseases among women and girls in war-torn countries.^[14]

Given the interruptions to family planning and other contraceptive services, conflict increases the rate of unwanted pregnancy. Accessing emergency obstetric care is also a challenge.^[15] With pre-natal and post-partum services often absent or inadequate in times of war, women who become pregnant face a higher risk of maternal mortality or disability following birth.^[16] Other conflict-related experiences which implicate reproductive rights include harm to future reproduction from military toxins, the birth of deformed or disabled children,^[17] an increase in prostitution and trafficking,^[18] budget cuts in health sectors to fund war. Additional concerns include limited mobility as a result of militarism and destruction of infrastructure, including hospitals, as well as roads and other means of transport to public health facilities.^[19]
The consequences of these violations directly create an urgent need for reproductive health care and services, without which, the harmful effects of violations will be exacerbated. Moreover, these problems will extend into the period of infrastructure reform if hospitals and other medical clinics are not a priority when compared to other construction and environmental repair, reform of the army and police forces, judicial systems, and other administrative needs.^[20]
The right to redress for reproductive rights violations has been clearly articulated in international law. The World Conference on Human Rights affirmed

“...violations of the human rights of women in situations of armed conflict are violations of the fundamental principles of international human rights and humanitarian law. All violations of this kind, including in particular murder, systematic rape, sexual slavery, and forced pregnancy, require a particularly effective response.”^[21]
In addition, the Rome Statute of the International Criminal Court, (Rome Statute) recognizes crimes of sexual violence as a "crime against humanity." It includes rape, sexual slavery, enforced prostitution, forced pregnancy, enforced sterilization or any other form of sexual violence of comparable gravity.^[22] This provision sanctioned the arrest of Jean-Pierre Bemba, chairman of the Mouvement de Libération du Congo (MLC), for crimes against humanity and war crimes, including looting and massive rapes.^[23]
The international community has also reached a consensus on the normative basis for reproductive rights in peacetime at two international conferences, where the centrality of reproductive rights to women’s human rights was recognized.^[24] It is now indisputable that reproductive rights encompass a range of internationally recognized human rights that are central to the sustainable development of a country.^[25]
It is apparent, but must be stated, that reproductive rights violations, though perpetrated against men, are predominantly experienced by women; the long-term consequences of which include rape, forced sterilization or unplanned pregnancy. Women are more vulnerable to violations of sexual and reproductive rights than men because of prevailing oppressive gender relations. Furthermore, in situations of armed-conflict, more women than men remain unprotected; women are particularly vulnerable to various kinds of sexual and reproductive rights violations, such as systematic rape, sexual slavery and forced pregnancy, forced sterilization, forced abortion, coerced or forced use of contraceptives and genital mutilation.^[26]
Gender mainstreaming in conflict management requires both the integration of a gender perspective into the analysis and formulation of all policies, programs and projects, as well as initiatives to enable women and men to formulate and express their views and participate in decision-making processes. Therefore, it encompasses interventions on the micro (the individual), meso (cultural norms and values) and macro (social institutions and organizations) levels, as necessary steps to overcome the structural causes of gender-specific discrimination and to achieve gender equality.^[27]
In addition, United Nations Security Council Resolution 1325 (“Resolution 1325”), imposes on all post-conflict actors a requirement to respond to the specific experience of women and improve gender-mainstreaming in all peacekeeping processes. Resolution 1325, which makes recommendations relating to women, peace and security, calls upon all actors to adopt a gender-perspective, as the essential starting point, when planning and implementing protection during conflict, conflict resolution and post-conflict reconstruction.^[28] In June 2008, the UN Security Council also adopted Resolution 1820 (2008) which stresses the important role a peacebuilding commission can play in giving advice and recommendations on addressing sexual violence committed during and in the aftermath of armed conflict, and in ensuring consultation and effective representation of women’s civil society.^[29] It also specifically calls for the equal and full participation of women at decision-making levels in the peacebuilding process.^[30] Therefore, any gender based approach in accordance with Resolutions 1325 and 1820, must encompass and give sufficient weight to reproductive rights violations and the reproductive health needs of women. Any period of transition must be viewed positively, as presenting opportunities for improving gender equality and women’s empowerment, and in turn, guaranteeing the highest attainable standard of reproductive health, once some level of peace has been achieved.

II. The intersection between reproductive rights and transitional justice

“It is only when misconduct is exposed and addressed that the law can begin to build a fence around it.”^[31] Therefore, justice for victims of reproductive rights violations, whether sought through prosecution of violations in national or international tribunals, truth-seeking before a truth commission and/or the awarding of reparations, serves to, amongst others purposes, empower women and establish reproductive health and rights norms. Statements about reproductive rights violations emerging from transitional justice mechanisms directly create legal and non-legal standards for reproductive rights. This has been discussed in the context of prosecution, where not only do attempts to prosecute reflect a community’s desire for retribution, but “they also play a vital expressive function in publicly reaffirming essential norms and values that when violated should give rise to sanctions”.^[32]
In truth and justice seeking, lack of reproductive right’s dimension undermines healing and hinders empowerment. A process of truth seeking by acknowledging the suffering of peoples enhances the prospect of dealing effectively with those grievances and allows uncertain histories to be told and documented.^[33] Failure to achieve justice for reproductive violations in transitional processes not only hinders women but also their children, families, and wider communities in overcoming the vestiges of a former regime.
Whilst reproductive rights have received only cursory analysis in transitional justice mechanisms to date, it is worth considering the recognition attributed to reproductive rights violations in the context of tribunals, truth commissions and reparation programs. In addition, the inclusion of reproductive health in some post-conflict constitutional reform provides good models for replication. The following critique not only provides examples that may be appropriate for emulation in other post-conflict settings, but also highlights some of the limitations in these attempts to informally incorporate reproductive rights into the agenda.

Prosecution

Significant discussion has been devoted to rape as a war crime,^[34] as recognized by the inclusion of rape in the statutes establishing the ICTR^[35] and the ICTY.^[36] The indictments and opinions of the ICTR and ICTY give strong attention to systematic sexual violence against women. The ICTR, in its Akayesu decision, recognized forced pregnancy as a potential crime, recounting in its dicta a situation where a rapist may deliberately impregnate his victim with the intent to force her to give birth to a child who due to, social conventions, would not belong to the mother’s group.^[37] This recognition of forced pregnancy as a potential crime of genocide was a landmark decision, which must be given credit for its success in paving the way for the inclusion of "forced pregnancy” into the Rome Statute.^[38] Rape was also recognized as a form of torture with the ICTR holding that sexual violence “strikes at the very core of human dignity and physical integrity.”^[39]

The safeguards that facilitated the recognition of reproductive rights violations by these two tribunals are worth noting. After extensive lobbying from women’s rights organizations and with the support of the ICTY’s two female judges, a number of rules of procedure and evidence were introduced that facilitated the proper handling of sexual crimes during the tribunals’ trials. These included provisions concerning the needs of victims and witnesses when giving testimony, such as requirements for a gender-balanced staff, rules for non-disclosure for an indictment, and rules relating to evidence given in sexual assault cases.^[40]

The impact of prosecutions also needs to be assessed years after the delivery of justice. One report on the impact of the work of the ICTY on Serbian society, including on the strengthening of the rule of law, notes that female victims “became visible, personalized, and recognized as one kind of victim,” enabling them to become more active in exercising their right to obtain civil benefits.^[41] These findings reflect the empowerment that resulted from the process and the increased equality between men and women. However, reviews such as this one often only give cursory attention to the impact on women. A concerted effort must be made to analyze the impact of tribunal work from a gender, and, more specifically, a reproductive rights perspective. In turn, such an analysis would potentially make a significant contribution to the work of the International Criminal Court.

Truth Commissions and Reparations

Testimony, narration and storytelling, though difficult in light of the nature of the harm, is key to situating victims in a specific historical context and reconstructing their identities and roles in that context.^[42] This reconstruction could enhance the emotional and mental healing of victims of reproductive rights violations. The Truth and Reconciliation Commission of South Africa, though also not applying “reproductive rights” discourse, identified a number of these violations. Prison staff frequently ignored the particular needs of women in respect to menstruation, pregnancy, childbirth and parenting. Menstrual and other reproductive needs were used to subject women to intimidation and harassment.^[43] There were cases of forced miscarriage as a result of the torture and violence.^[44] There was also a lack of care for newborns and obstetric care for pregnant prisoners.^[45]

The difficulties of relying on The Truth and Reconciliation Commission as a forum for discussing harms perpetrated against women has been discussed extensively.^[46] Incorporating gender into a truth commission’s structure and terms of reference is clearly an essential aspect of overcoming many of these hurdles. One common experience of truth commissions is the silencing of women. For example, when testifying before the Peruvian Truth and Reconciliation Commission, there were a number of reasons why many female victims downplayed their suffering, including shame and fear of social condemnation. Rather, women vocalized suffering as the wives, mothers, daughters and sisters of predominantly male victims.^[47] Successful examples of a gendered approached to giving victims a voice in truth commissions include conducting investigations in rural areas and providing guidelines for interviewers in Peru.^[48] Also several hearings organized in South Africa focused solely on women with a female-only panel of commissioners, and, “in one case, allowing a deponent to give testimony from behind a screen, in confidence and out of view of the glaring television cameras.”^[49] Interestingly, Nesiah highlights that truth commissions have been valuable in identifying sexual violence against women, as well as men. Truth commission investigations in Haiti, Sierra Leone and Timor-Leste, exposed reproductive rights violations against both sexes, including rape, genital mutilation of men and women, and forced sexual violence against prisoners of both genders.^[50] While I am writing from the perspective of the reproductive rights of women, clearly greater visibility for reproductive rights violations is directly beneficial to both sexes.

Due to the strong influence of the Rome Statute, Guatemala’s truth commission and reparations program accorded recognition to reproductive rights. The Commission of Historical Clarification (Comisión de Esclarecimiento Histórico) (CEH) within the framework of its mandate, recommended the creation of a National Reparations Program (NRP) in 1999, which included, under Executive Decree 619-2005, sexual violence and rape as a violation warranting economic compensation.^[51] Notwithstanding the absence of a decisive application of reproductive rights discourse, the NRP applied the definition of the Rome Statute, defining sexual violence and rape to include sexual slavery, forced pregnancy and forced sterilization.^[52] Other reproductive rights violations, however, were excluded, including amputation and mutilation of sexual organs.^[53]
To avoid an ad hoc approach to such violations and consequently, the exclusion of frequently suffered violations, there must be specific steps taken towards incorporating reproductive rights into the terms of reference and mandates of truth commissions, not simply a requirement of a gender-perspective, which is in itself important, but insufficient. For example, the Haitian Truth Commission’s mandate required it to “pay particular attention to ‘crimes of a sexual nature against female victims that were committed with political ends.’”^[54] Hayner recommends the inclusion of reproductive rights language in the terms of reference of a truth commission, including the most frequently experienced reproductive rights violations, such as forced pregnancy, coercive sterilization and coerced or force use of contraception and genital mutilation. In addition, given the controversial nature of reparations in South Africa, with very few South African victims having received the recommended compensation, we are reminded that reparations are central to healing.^[55] Victims of reproductive rights violations should be incorporated into the structure of a reparations program, and its implementation must be monitored by civil society.

Constitutional reform
Securing formal constitutional guarantees of reproductive rights is essential to broadly ensuring women’s equality and empowerment in a post-conflict setting. Furthermore, a constitution plays a momentous role in establishing norms and providing visions for the future of a country and its people. The South African Constitution, was the first constitution in the world to introduce justiciable socio-economic rights, with rights such as food, housing and healthcare being advocated before competent courts.^[56] In force from early 1997, the socio-economic rights in the South African Constitution obviously reflect the country’s political history and its attempts to put into words the values and ideas about social justice in a society under reform makes it one of the most exemplary post conflict constitutions.^[57]

Constitutional reform in Nepal has taken this one step further by introducing a discourse of reproductive rights when setting out fundamental rights.^[58] As in South Africa, stressing the critical need for the Interim Constitution to comply with Nepal’s international human rights obligations, the United Nations Office of the High Commissioner for Human Rights in Nepal referred to the expectations of civil society that the peace process would “bring solutions to long-standing human rights violations, especially deeply-ingrained discrimination, prejudices and abuse against marginalized groups, as well as economic disparities.”^[59] Part Three of the Nepalese Interim Constitution 2063, drafted in the context of ongoing peace negotiations, will be redrafted by the Constituent Assembly by mid-2010, and hopefully will maintain some of its rights-protective provisions.
Article 20 of the Interim Constitution provides for fundamental rights of women, including the right to reproductive health and other reproductive matters.^[60] This provision has been criticized for its lack of substance; valuable suggestions have been made on the potential for the new constitution to provide examples of reproductive rights guaranteed by the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW)^[61] and the International Covenant on Economic, Social and Cultural Rights (ICESCR).^[62] This constitutional guarantee would therefore specifically include the right to access a “full range of high quality and affordable health care, including sexual and reproductive services,”^[63] “equitable distribution of all health facilities, goods and services.”^[64] This includes access to “essential medicines,”^[65] the right to control fertility, right to obtain the family planning information, counseling, and other necessary services, without discrimination.^[66]

Interestingly in Timor-Leste, a collaboration of women’s groups, prior to the elections in August 2001, developed a charter of women’s rights.^[67] Article Four of the Charter reads in relation to the right to health: “The Constitution must protect all people’s right to basic healthcare of the same quality. The State must provide reproductive health care for women.”^[68] Whilst some elements of the Charter were included in the new Constitution, “reproductive rights” discourse was missing from Section 57 of the Constitution, which provides guarantees for the right to health only in general terms.^[69] Though included in the Charter, the absence of a constitutional guarantee for reproductive health makes it difficult for women to seek enforcement or compliance. The failure to establish a constitutional norm for reproductive rights, not only undermines judicial protection, but also the potential to influence political behavior and legislative priorities. Alternatively, the inclusion of such language could have potentially impacted government decision-making and budgetary allocations by providing women a constitutional basis for seeking compensation for reproductive rights violations they may experience in the future.

Institutional reform in the health sector

Finally, we cannot forget the centrality of policy reform. The importance of such reform is heightened by what is often the situation in the aftermath of conflict, that is, the absence of coherent health policies. Additionally, time is usually needed to legitimize a new government authority, which can then subsequently create a platform on which to base health reform.
There are multiple ways in which reproductive rights can be implemented in post-conflict reform, using laws and policy, as well as substantive action from government actors. It is essential in the drafting of new legislation that is often an element of post-conflict transition, laws and policies are designed to protect women’s health, such as adopting prohibitions against child marriage and female genital mutilation. Both national tools for monitoring the extent to which reproductive rights are guaranteed, as well as international mechanisms such as treaty-based monitoring bodies like the CEDAW,^[70] the Children’s Rights Convention (CRC)^[71] and the ICESCR should be utilized to protect reproductive rights.^[72] Anti-discrimination laws that enable vulnerable groups to access services are also essential. It is necessary to engage in capacity building with local actors in order to advocate for sexual and reproductive health and rights. In addition to the need for redress for the violations of rights discussed above, policy-makers and service providers must remain sensitive to the experiences of vulnerable groups whose reproductive rights continue to be violated.

III. The reproductive rights’ path to development

Guaranteeing reproductive rights and access to reproductive and sexual health is a tool for women’s empowerment. It facilitates women’s enjoyment of a range of human rights and their involvement and status in the political, economic, social, cultural, and civil spheres, among others. Providing policy foundations that enhance equality between men and women is central to achieving sustainable development. Empowered women make long-ranging contributions to development and poverty eradication. When women receive opportunities for education, access to resources, and a place at the political table, not only does the quality of their lives improve, but economies are also strengthened as a result.^[73] “According to World Bank estimates, an increase of one percentage point in the share of women with secondary education is associated with a 0.3 percentage point increase in per capita income.”^[74]

Long-term socio-economic policies that encompass reproductive health and choice are also a logical and essential step in poverty reduction. Lower fertility rates often mean a higher proportion of young people enter their productive years with relatively fewer dependents. Together with other economic policies, this factor can result in increased savings and greater available resources to invest in each child. Researchers estimate that the “demographic dividend” could reduce poverty in the developing world by 14 percent between 2000 and 2015.^[75] Moreover, failing to facilitate reproductive health autonomy in decision-making undermines the right of choice of couples.^[76] In developing and transition countries, more than 120 million couples fail to use any contraception despite an expressed desire to not conceive or to space future pregnancies.^[77]

Both from the perspective of women’s empowerment and poverty reduction, protecting people’s rights to sexual and reproductive health in post-conflict settings would radically hasten progress towards the Millennium Development Goals (MDGs).^[78] The 2005 World Summit reaffirmed the centrality of reproductive health to development by supplementing the MDGs with the high-level commitment to achieving universal access to reproductive health by 2015. The international community clearly recognized the importance of integrating this goal in overall strategies for sustainable development.^[79] In 2005, the United Nations Population Fund (UNFPA) noted at the time that of the 34 countries furthest from reaching the MDGs, 22 were in or emerging from conflict.^[80]
Maternal mortality, the MDG on which there has been the least progress, is particularly dire in post-conflict countries, with shockingly high rates in countries currently, or recently in conflict.^[81] These include Afghanistan with a maternal mortality ratio^[82] of 1,800, as well as the Democratic Republic of the Congo (1,100); Nepal (830) and Timor-Leste (380) when compared with Sweden (3), Lithuania (11), Malaysia (41) and the United States (11).^[83] In Afghanistan, pregnancy and childbirth are the leading cause of death, with a woman dying of pregnancy-related causes every 27 minutes. In addition, 92 percent of Afghan women give birth without the assistance of a trained midwife, and 98 percent of women do not use modern contraception.^[84] Among displaced and non-displaced women in Bosnia and Herzegovina, the prenatal mortality rate rose from 15.3 per 1,000 live births before the war to 38.6 per 1,000 after the war.^[85] Reproductive rights must be at the center of post-conflict health reforms, including strengthening health systems and providing universal access to sexual and reproductive services if the global health crisis of maternal mortality is to be tackled.
High rates of maternal mortality reflect a failure to prioritize and invest in reproductive health in the short and long-term. This includes preventative measures for safe motherhood, such as family planning services and guaranteed emergency obstetric care for all women. It also tackles many of the underlying causes of maternal death, including early pregnancy, equal access to education between boys and girls and women’s empowerment.^[86] Therefore, a specific focus on the reproductive health needs of post-conflict societies is vital.

IV. Conclusion

Reproductive rights violations should not be tolerated, in times of peace or war. The international community, therefore, must give these violations during conflict the recognition and redress necessary to normalize reproductive rights in times of peace. Depending on the context, there may be an unquestionable need for prosecution. Elsewhere, a truth commission may be a better approach for achieving justice and delivering compensation to victims, along with a sense of empowerment.

Regardless of which transitional justice mechanisms are implemented, this paper advocates a multi-disciplinary approach. Not only should humanitarian law and human rights intersect with transitional justice, but additionally reproductive rights discourse must be introduced into a transitional justice framework. Presently, there is no all-embracing approach to reproductive rights violations suffered by women in times of war. The ad hoc approaches to date, typically encompassing rape, sexual violence and occasionally forced pregnancy, illustrate varying degrees of success. I advocate for a comprehensive approach to recognizing violations, establishing reproductive rights norms and providing strong foundations for sexual and reproductive health policies in the post-conflict society.
Humanitarian assistance is often directed towards guaranteeing the health, security and well-being of women and their families once conflict enters the “reconstruction” phase. Despite efforts to incorporate the specific needs of women, women’s health needs are often forgotten or de-prioritized. Standards of health and reproductive health particularly in post-conflict countries, are a key determinant of women’s equality and progress towards a sustainable development paradigm, and therefore must feature in post-conflict reform.
Foscusing on reproductive sexual health and rights in transitional development alone will not guarantee improved reproductive health. Gender discrimination and other forms of social exclusion have direct negative impacts on sexual and reproductive health, particularly increasing vulnerability to HIV and other sexually transmitted infections. Globally, we are recognizing the feminization of HIV/AIDS.^[87] Social restrictions, financial insecurity and decision-making power in the household, lack of inheritance and property rights, and inequitable access to education earlier in life, all of which are often prevalent in post-conflict situations, limit women’s use of reproductive health services and their ability to exercise sexual and reproductive autonomy.
Despite the fact that multiple factors influence the status of reproductive health in post-conflict countries, reproductive rights have been proven to be a legitimate part of international law, Therefore, it must be considered one of the central tenets of transitional justice if violations of women’s rights are to be accorded adequate weight. If these rights continue to be violated with impunity, women will continue to suffer as governments in the post-conflict society will be able to shirk their international obligations concerning reproductive rights. Similarly, those dedicated to promoting transitional justice must recognize their responsibility for identifying the absence of reproductive rights discourse in transitions to date. Such an analysis may in turn enhance the prospects that reproductive rights guarantees can be incorporated into post-conflict reform, whether through constitutional guarantees, legislation, policy or gender and health-oriented budgeting. The ultimate outcome will be improved protection of reproductive rights, during conflict and in times of peace.

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*Ramona Vijeyarasa (LL.M NYU ’07; LL.B UNSW ’05; B.A. UNSW ’05) is a PhD candidate (Politics and International Relations) with the School of Social Sciences and International Studies at the University of New South Wales in Sydney, Australia. Ramona is undertaking a comparative study of the underlying causes of the global traffic in women and girls. Email: [e-mail].
**I would like to thank José-Miguel Bello y Villarino for his valuable comments on several drafts of this paper. The responsibility for the opinions expressed in this paper is mine alone.
¹ See “Programme of Action of the International Conference on Population and Development,” U.N. Doc. A/CONF.171/13/Rev.1 (Sept. 13-15, 1994), [hereinafter ICPD Programme of Action] available at http://unfpa.org/icpd/summary.cfm (last viewed 5 April, 2009) (explaining the early foundations for the recognition of systematic use of sexual violence as a crime).


^[2] Women's Global Network for Reproductive Rights (WGNRR), Armed Conflict and Women’s Access to Health and Reproductive Rights: Another Battle to Fight, (2004), available at http://www.health-now.org/site/article.php?articleId=250&menuId (last visited October 23, 2008).

[3] Press Release, The Hague, International Criminal Court, “ICC Arrest Jean-Pierre Bemba – massive sexual crimes in Central African Republic Will Not Go Unpunished (May 24, 2008), available at HTTP://WWW.ICCNOW.ORG/?MOD=NEWSDETAIL&NEWS=2666.

^[4] See ICPD Programme of Action, supra note 1 at Principle 8; See also Beijing Declaration and the Platform for Action, Fourth World Conference on Women,” U.N. Doc. A/CONF.177/20 (Sept. 4-15, 1995),[hereinafter Beijing Declaration and Platform for Action], available at http://www.un.org/womenwatch/daw/beijing/platform/ (last visited October 23, 2008).
^[5] ICPD Programme of Action, supra note 1 at Chapter VII, para 7.2.
^[6] Id.. (In defining “sexual rights,” The World Health Organisation (WHO) applies a similar, though broader, definition of reproductive rights. In terms of autonomy, according to WHO, sexual health as “a state of physical, emotional, mental and social well-being related to sexuality...Sexual health requires a positive and respectful approach to sexuality and sexual relationships, as well as the possibility of having pleasurable and safe sexual experiences, free of coercion, discrimination and violence. For sexual health to be attained and maintained, the sexual rights of all persons must be respected, protected and fulfilled.” See WHO Draft working definition of “sexual rights, October 2002).
^[7] The reproductive health violations and needs of war-afflicted populations has been discussed extensively. See, e.g., United Nations High Commissioner for Refugees (UNHCR), “Reproductive Health in Refugee Situations: An Inter-Agency Field Manual,” (Geneva: UNHCR, 1999) available at www.unfpa.org/emergencies/manual/; Michelle Hynes et al., Reproductive Health of Displaced Populations in Post-Emergency Camps, Presentation at the 2001 Global Health Council Conference, Washington, DC, (May 29-June 1), 2001; Theresa McGinn, Reproductive Health of War-Affected Populations: What Do We Know? INT. FAM. PLAN. PERSP. 26(4) (174-80; United Nations, "AIDS as a Security Issue" (United Nations Special Session on HIV/AIDS, June 2001); Yvette Collymore, Uprooted People and HIV/AIDS in Africa: Responding to the Risks, available at http://www.prb.org/Articles/2001/UprootedPeopleandHIVAIDSinAfricaRespondingtotheRisks.aspx (last viewed Apr. 5, 2009); [C. Palmer, Reproductive Health for Displaced Populations, Relief and Rehabilitation Network (RRN), 24 (1998), London Overseas Development Institute]; and M. Carballo et al., Health in Countries Torn by Conflict: Lessons From Sarajevo, Lancet 348, No. 9031 (1996): 872-74.
^[8] See Neil J. Kritz, Progress and Humanity: The Ongoing Search for Post-Conflict Justice, in POST-CONFLICT JUSTICE, INTERNATIONAL AND COMPARATIVE CRIMINAL LAW SERIES, 55, 55-87 (M. Cherif Bassiouni ed., 2002).
^[9] Juan E. Méndez, In Defense of Transitional Justice, in A. James McAdams, TRANSITIONAL JUSTICE AND THE RULE OF LAW IN NEW DEMOCRACIES, (University of Notre Damn Press, 1997).
^[10] See e.g., United Nations Population Fund (UNFPA), “Women’s Empowerment and Reproductive Health,” available at http://www.unfpa.org/intercenter/cycle/introduction.htm (last visited April 5, 2009); Wendy Harcourt, Building Alliances for Women’s Empowerment, Reproductive Rights and Health, Development, 6-12 (2003); International Women’s Health Coalition, Health, Empowerment, Rights and Accountability, available at http://www.iwhc.org/global/un/unhistory/hera.cfm (last visited April 5, 2009).
^[11] UNICEF, WOMEN AND CHILDREN: THE DOUBLE DIVIDEND OF GENDER EQUALITY, THE STATE OF THE WORLD’S CHILDREN (2006); The Double Dividend of Gender Equality), vi Patricia Moccia ed.; (2006).
^[12] This definition of reproductive rights was re-enforced at the United Nations Fourth World Conference on Women. See Beijing Declaration and Platform for Action, supra note 4, at para. 95.
^[13] Naomi Cahn, Beyond Retribution and Impunity: Responding to War Crimes of Sexual Violence,” 1 STAN. J. CIV. RTS. & CIV. LIBERTIES, 217, 232-233 (2005).
^[14] Id.
^[15] See generally, World Health Organisation, “Armed conflict: special considerations,” CHAPTER 8 IN REPRODUCTIVE HEALTH DURING CONFLICT AND DISPLACEMENT: A GUIDE FOR PROGRAMME MANAGERS,” WHO/RHR/00.13 (2000) available at http://www.who.int/reproductive-health/publications/conflict_and_displacement/pdf/conflict_displacement.pdf (last visited October 23, 2008).
^[16] Reproductive Health Response in Conflict Consortium, “Maternal and Newborn Care,” available at http://www.rhrc.org/rhr_basics/sm_emoc.html (last visited April 11, 2009).
^[17] One example of reproductive rights violations due to military toxins were those experienced during the Vietnam War. The Agent Orange Settlement Fund was created by the resolution of the Agent Orange Product Liability Litigation following a class action by an estimated 10 million Vietnam veterans and their families regarding injuries allegedly incurred as a result of the chemical herbicides used during the Vietnam War. The class action case was settled out-of-court in 1984 for $180 million dollars. The fund involved two separate programs: a Payment Program, which provided cash compensation to totally-disabled veterans and survivors of deceased veterans; and a Class Assistance Program, which provided funds for social services organizations and networks for the purpose of establishing and maintaining programs for the benefit of the class as a whole. . See United States Department of Veteran Affairs, The Agent Orange Settlement Fund, available at http://www.vba.va.gov/bln/21/Benefits/Herbicide/AOno2.htm (last visited March 16, 2009).
^[18] See, e.g., SODRA L. HAUSNER, SAVE THE CHILDREN USA,THE MOVEMENT OF WOMEN: MIGRATION, TRAFFICKING, AND PROSTITUTION IN THE CONTEXT OF NEPAL'S ARMED CONFLICT (2005) available at http://www.humantrafficking.org/uploads/publications/stc_2005_movement_of_women_nepal.pdf (last visited April 11, 2009). See also, SARAH MARTIN, REFUGEES INTERNATIONAL, MUST BOYS BE BOYS? ENDING SEXUAL EXPLOITATION AND ABUSE IN UN PEACEKEEPING MISSIONS, (2005), available at http://www.refugeesinternational.org/content/publication/detail/6976/ (last viewed March 16, 2009).
^[19] See Dr. Madhu Dixit Devkota, THE WORLD BANK, HEALTH, NUTRITION AND POPULATION (HNP) AND NEPAL COUNTRY OFFICE AN ASSESSMENT ON IMPACT OF CONFLICT ON DELIVERY OF HEALTH SERVICES: NEPAL HEALTH SECTOR REFORM (2005)available at http://www.bishwabank.org.np/pdf/assessmentonicdhs.pdf (last viewed March 16, 2009); Charles Chidi Achodo, Africa Forum on Poverty Reduction Strategies, Conflict and Post Conflict Patterns, Issues, Impact on Economic Development and Poverty Cycle in Countries in Africa, (2000) available at http://sisteresources.worldbank.org/INTPRSI/resources/regional-events/africa-poverty-forum--06--00/plenarary/conflict.pdf.
^[20] Hazem Adam Ghobarah et. al., “THE POSTWAR PUBLIC HEALTH EFFECTS OF CIVIL CONFLICT,” available at http://weblamp.princeton.edu/chw/lectures/lecture_pdfs/russettpaper.pdf, (last visited March 16, 2009).
^[21] World Conference on Human Rights, June 14-25, 1993, Vienna Declaration and Programme of Action, U.N. Doc. A/CONF.157/23 ( July 12, 1993),available at http://www.unhchr.ch/huridocda/huridoca.nsf/(Symbol)/A.CONF.157.23.En (last visited March 16, 2009).
^[22] Rome Statute of the International Criminal Court, July 17, 1998, U.N. Doc. A/CONF.183/9 (1998) reprinted in 37 I.L.M. 1002 (2002), [hereinafter "Rome Statute"] available at http://www.untreaty.un.org/cod/icc/statute/romefra.htm (last visited March 16, 2009).

[23] International Criminal Court, Press Release, supra note 3.

^[24] Reproductive rights “...rest on the recognition of the basic right of all couples and individuals to decide freely and responsibly the number, spacing and timing of their children and to have the information and means to do so, and the right to attain the highest standard of sexual and reproductive health. It also includes their right to make decisions concerning reproduction free of discrimination, coercion and violence, as expressed in human rights documents." Beijing Declaration and the Platform for Action, supra note 4.
^[25] As stated in Paragraph 7.3 of the ICPD Programme of Action, supra note 1, “[R]eproductive rights embrace certain human rights that are already recognized in national laws, international human rights documents and other consensus documents.”
^[26] Seminar Paper, Impact of crises and conflict on sexual and reproductive health and rights-The EU is to act! November 22, 2007, available at http://www.theirc.org/where/g_belgium/20071127_final_recommendations_2pages.pdf (last visited October 23, 2008).
^[27] Cordula Reimann, “Towards Gender Mainstreaming in Crisis Prevention and Conflict Management: Guidelines for the German Technical Co-operation,” Deutsche Gesellschaft für Technische Zusammenarbeit (GTZ) GmbH, Germany, available at http://www.gtz.de/de/index.htm (last visited Oct. 23, 2008).
^[28] United Nations, Resolution 1325 (2000), Adopted by the Security Council at its 4213th meeting, on 31 October 2000. Resolution 1325, supra note 28 at para. 8 (paragraph 8 of the resolution specifically “Calls on all actors involved, when negotiating and implementing peace agreements, to adopt a gender perspective, including, inter alia:
(a) The special needs of women and girls during repatriation and resettlement and for rehabilitation, reintegration and post-conflict reconstruction;
(b) Measures that support local women’s peace initiatives and indigenous processes for conflict resolution, and that involve women in all of the implementation mechanisms of the peace agreements;
(c) Measures that ensure the protection of and respect for human rights of women and girls, particularly as they relate to the constitution, the electoral system, the police and the judiciary...”).

^[29] United Nations, Security Council Resolution, Adopted by the Security Council at its 5916^th meeting, on 19 2000, at para. 11.
^[30] Id. at para. 12.
^[31] Stephan Landsman, Alternative Responses to Serious Human Rights Abuses: Of Prosecution and Truth Commissions, 59 LAW & CONTEMP. PROBS., 81 (1996). (Landsman discusses the role of prosecution in establishing the rule of law. By building a tradition of respect for the law, prosecution becomes key to the development of democratic institutions).
^[32] Paul van Zyl, Promoting Transitional Justice in Post-Conflict Societies, in SECURITY GOVERNANCE IN POST-CONFLICT PEACE BUILDING, 211 (Alan Bryden & Heiner Hanggi eds., Geneva Center for Democratic Control of Armed Forces 2005).
^[33] Id. at 210.
^[34] See Theodor Meron, Rape as a Crime under International Humanitarian Law, 87 AM. J. INT'L L. 424 (1993); Jennifer Green et al., Affecting the Rules for the Prosecution of Rape and Other Gender-Based Violence Before the International Criminal Tribunal for the Former Yugoslavia: A Feminist Proposal and Critique, 5 HASTINGS WOMEN'S L.J. 171 (1994) 186-7; Anne Tierney Goldstein, supra note 26, at 9; and Rhonda Copelon, Surfacing Gender: Re-Engraving Crimes against Women in Humanitarian Law, 5 HASTINGS WOMEN'S L. J. 243 (1994); Patricia Viseur Sellers and Kaoru Ozuizumi, Prosecuting International Crimes: An Inside View: International Prosecution of Sexual Assaults, 7 TRANSNAT'L L. & CONTEMP. PROBS. 45, 56-68 (1997).
^[35] See articles 3 (Crimes against Humanity) and 4 of the Statute of the International Criminal Tribunal for Rwanda, available at http://www.un.org/ictr/statute.html (last visited October 23, 2008).
^[36] S.C. Res. 955, Art. 34, U.N. Doc. S/RES/955 (Nov.8 1994); S.C. Res. 827, Art. 5, U.N. Doc. S/RES/827 (May 25, 1993). See article 5, Crimes against Humanity, Statute of the International Criminal Tribunal for the Former Yugoslavia, adopted May 25, 1993 by Resolution 827, available at http://www.un.org/icty/legaldoc-e/index-t.htm (last visited October 23, 2008).
^[37] Prosecutor v. Jean-Paul Akayesu, Case No. ICTR-96-4-T, Judgment, 596-598, (Sept. 2, 1998); Id. para 121: “According to prosecution witnesses KK, PP and OO, the accused expressed this opinion on other occasions in the form of a Rwandese proverb according to which if a snake wraps itself round a calabash, there is nothing that can be done, except to break the calabash' ("Iyo inzoka yiziritse ku gisabo, nta kundi bigenda barakimena). In the context of the period in question, this proverb meant that if a Hutu woman married to a Tutsi man was impregnated by him, the foetus had to be destroyed so that the Tutsi child, which it would become should not survive. It should be noted in this regard that in Rwandese culture, breaking the "gisabo", which is a big calabash used as a churn was considered taboo. Yet, if a snake wraps itself round a gisabo, obviously, one has no choice but to ignore this taboo in order to kill the snake.”

^[38] Rome Statute, supra note 26. See discussion on the significance of gender crime provisions in Barbara Bedont & Katherine Hall Martinez, Ending Impunity for Gender Crimes under the International Criminal Court, The Brown J of World Aff., 6(1) (1999): 65-85.
^[39] Prosecutor v. Delalic & Others, Case No. IT-96-21-A, Judgment (Feb. 20, 2001); Rule 24, Rules of Procedure and Evidence, International Criminal Tribunal for the Former Yugoslavia, available at http://www.un.org/icty/legaldoc-e/index.htm (last viewed October 24 2008); Rule 75, Rules of Procedure and Evidence, International Criminal Tribunal for the Former Yugoslavia, available at http://www.un.org/icty/legaldoc-e/index.htm (last viewed October 24 2008).
^[40] Rule 24, Rules of Procedure and Evidence, International Criminal Tribunal for the Former Yugoslavia, available at http://www.un.org/icty/legaldoc-e/index.htm (last viewed October 24 2008); Rule 75, Rules of Procedure and Evidence, International Criminal Tribunal for the Former Yugoslavia, available at http://www.un.org/icty/legaldoc-e/index.htm (last viewed October 24 2008);Rule 96, Rules of Procedure and Evidence, International Criminal Tribunal for the Former Yugoslavia, available at http://www.un.org/icty/legaldoc-e/index.htm (last viewed October 24 2008).

^[41] DIANE F. ORENTLICHER, SHRINKING THE SPACE FOR DENIAL: THE IMPACT OF THE ICTY IN SERBIa, 15 (May 2008).
^[42] See Brinton Lykes & Marcie Mersky, Reparations and Mental Health: Psychosocial interventions Towards Healing, Human Agency, and Rethreading Social Realities: THE HANDBOOK OF REPARATIONS, 589, 605 (Pablo de Greif fed., 2006).
^[43] Truth and Reconciliation Commission, Truth and Reconciliation Commission of South Africa Report, 4 219, 210, March 2003
^[44] Id. at 208-209, 299.
^[45] Id. at 312.
^[46] Julissa Mantilla Falcón, The Peruvian Truth and Reconciliation Commission’s Treatment of Sexual Violence Against Women, 12 (2) Hum. Rts. Brief, 1 (2005); See also Vasuki Nesiah, “Gender and Truth Commission Mandates,” International Center for Transitional Justice, available at www.ictj.org (last visited April 11, 2009). (Theresa this was written in 2007-I didn’t have my bluebook-should that be put in somehow?)
^[47]Falcón, supra note 48.
^[48] Id. at 2.
^[49] PRISCILLA HAYNER, UNSPEAKABLE TRUTHS: FACING THE CHALLENGES OF TRUTH COMMISSIONERS, 78 (Routledge 2002).
^[50] To encourage women to participate, the Peruvian Truth and Reconciliation Commission developed a series of training documents that included communication strategies on how to conduct investigations in the country’s rural areas and providing guidelines for interviewers. The PTRC also organized a public hearing on women’s human rights. The PTRC report also made specific reference to the under-representation of sexual violence victims in the statistics reported by the PTRC. It also noted that the majority of victims were those women who were traditionally viewed as the most vulnerable in society, based on race, class and age. See Falcón, supra note 57. “In South Africa, a number of nongovernmental victims’ advocates and women’s rights scholars participated in workshops with truth commissioners, encouraging policies that would be most inclusive and supportive of women.” As a result, the Commission “organized several special hearings focused on women, with a panel of only female commissioners and, in one case, “allowing a deponent to give testimony from behind a screen, in confidence and out of view of the glaring television cameras.” See Hayner, supra note 51, 78.
^[51] CLAUDIA PAZ Y PAZ BAILEY, Guatemala: Gender and Reparations for Human Rights Violations, WHAT HAPPENED TO THE WOMEN? GENDER AND REPARATIONS FOR HUMAN RIGHTS VIOLATIONS, 92, 93 (Ruth Rubio-Marion ed., 2008).
^[52] Id. at 106-107.
^[53] Id. (the authors of this chapter express the view that it would have been preferable if each crime had been “conceptually separate,” thereby enhancing their visibility. However, I contend that using a “reproductive rights” umbrella serves the exact purpose of enhancing the visibility of reproductive rights violations, and the importance of establishing reproductive rights norms in the post-conflict setting).
^[54] When discussing the work of the Haitian Truth Commissioner, Hayner suggests this approach, “of focusing attention to the matter in the mandate, should be seriously considered elsewhere,” Priscilla Hayner, supra note 51, 78. I have discussed the experience of “silenced” victims more broadly in Ramona Vijeyarasa, Facing Australia’s History: Truth and Reconciliation for the Stolen Generations, 7 Sur. Int. J. on Hum. Rts. 127, 133-34 (2007), available at http://www.surjournal.org/eng/conteudos/pdf/7/ramona.pdf (last viewed April 11, 2009).
^[55] Colvin, supra note 44 at 200-201.
^[56] Constitution of the Republic of South Africa, Act 108 of 1996.
^[57] This idea is best represented by the words of the President of the South African Constitutional Court, Arthur Chaskalson: “In light of our history the recognition and realization of the evolving demands of human dignity in our society-a society under transformation-is of particular importance for the type of society we have in the future. The Constitution offers a vision of the future. A society in which the basic needs of all our people will be met, in which we will live together in harmony, showing respect and concern for one another...” Arthur Chaskalson, The Third Bram Fischer Lecture: Human Dignity as a Foundational Value of our Constitutional Order, S. Afr. J. of Hum. Rts., 16, 205 (2000).
^[58] Interim Constitution of Nepal 2063 art. 20, part 3 (2007),
^[59] Id.
^[60] Id. Article 20 provides:
(1) No one shall be discriminated in any form merely for being a woman.
(2) Every woman shall have the right to reproductive health and other reproductive matters.
(3) No physical, mental or any other form of violence shall be inflicted to any woman, and such an act shall be punishable by law.
(4) Son and daughter shall have equal rights to their ancestral property.
^[61] Dec. 18, 1979, G.A. Res. 34/180, U.N. GAOR, 34^th Sess., Supp. No. 46, at 193, U.N. Doc. A/34/46 (1979) (entered into force Sept. 3, 1981), [hereinafter CEDAW].
^[62] International Covenant on Economic, Social and Cultural Rights, G.A. Res. 2200A (XXI), at 49, U.N. GAOR, Supp. No. 16, U.N. Doc A/6316 (1966), [hereinafter ICESCR]; NYU School of Law Center for Human Rights and Global Justice (CHRGJ), “Recasting Justice: Securing Dalit Rights in Nepal’s New Constitution,” 2008, 41, available at http://www.chrgj.org/projects/docs/recastingjustice.pdf (last viewed April 11, 2009).
^[63] Committee on Economic, Social and Cultural Rights, General Comment 14: The Right to the Highest Attainable Standard of Health (Art. 12) (22nd Sess., 2000), para. 21, Compl. of General Comments and General Recommendations by Human Rights Treaty Bodies, at 90, para. 12, U.N. Doc. HRI/GEN/1/Rev.5 (2001).
^[64] Id., at para 43(e).
^[65] WHO Model List of Essential Medicines, 15^th list, dated March 2007, includes all forms of contraceptives, such as oral hormonal contraceptives, injectable hormonal contraceptives, intrauterine devices, condoms, diaphragms and implantable contraceptives. The complete list is available at http://www.who.int/medicines/publications/essentialmedicines/en/index.html (last viewed April 11, 2009).
^[66] CEDAW, supra note 53, at art. 10, 12 (1).
^[67] Women’s Charter of Rights in East Timor, La’o Hamutuk Bull., 2(5)(2001), available at www.etan.org/lh (last viewed April 11,2009).
^[68] Id.
^[69] The Constitution of the Democratic Republic of East Timor, Section 57 available at http://www.constitution.org/cons/east_timor/constitution-eng.htm
^[70] CEDAW, supra note 53, at art. 10,12(1)..
^[71] Convention on the Rights of the Child, Nov. 20, 1989, G.A. Res. 44/25, annex, U.N. GAOR, 44^th Sess., Supp. No. 49, at 166, UN Doc. A/44/49 (1989), reprinted in 28 I.L.M. 1448 (entered into force Sept. 2, 1990).
^[72] ICESCR, supra note 54.

^[73] United Nations Office of the Special Adviser For Gender Issues (OSAGI), “International Women’s Day Backgrounder: Investing in Women and Girls,” United Nations Department of Public Information, DPI/2497 (Feb. 1, 2008).
^[74] Id.
^[75] U. N. POP. FUND [UNFPA], State of the World Population, The Promise of Equality: Gender Equity, Reproductive Health & the MDGs, ch. 2. available at http://www.unfpa.org/swp/2005/index.htm (last visited Jan. 29, 2009).
^[76] CEDAW, supra note 63, Article 16(1)(e).
^[77] DEPARTMENT FOR INTERNATIONAL DEVELOPMENT, Sexual and Reproductive Health and Rights: A Position Paper at 6, (2004).
^[78] See Lynn Freedman, Strategic Advocacy and Maternal Mortality: Moving Targets and the Millennium Development Goals, 11 GENDER AND DEV., 97 (2003). (The MDGs are eight goals of social and economic development designed to focus and intensify development efforts, with time-bound targets for each goal.)I, like others who express criticism towards the MDGs, note the need to continue to work towards guaranteeing sexual and reproductive health beyond the time targets set at the World Summit. In addition, tracking progress towards indicators and targets is only one of many steps towards holistic and sustainable development; See Amir Attaran, An Immeasurable Crisis? A Criticism of the Millennium Development Goals and Why They Cannot Be Measured, 2 PLOS MED. 9551 (2006), available at http://www.pubmedcentral.nih.gov/articlerender.fcgi?artid=1201695 (last visited January 29, 2009). (For a critique of indicator and time-bound targets and the difficulty in measuring progress.) See also Jamilah Ariffin, Paper Presented at the International Council on Social Welfare, Gender Critiques of the Millenium Development Goals: An Overview and Assessment (Aug. 16-20, 2004).; Ana Elena Obando, Women and the Millennium Development Goals, Women’s Human Rights Net (2003), available at http://www.awid.org/eng/issues-and-analysis/Library/women-and-the-millenium-goals (last visited January 29, 2009).
^[79] G.A. Res. 60/1 9157, U.N. Doc. A/RES/60/1 (Oct. 24, 2005).
^[80] UNFPA, “State of the World Population 2005: Women and Young People in Humanitarian Crisis,” Chapter 8, citing UN Millennium Project, Investing in Development: A Practical Plan to Achieve the Millennium Development Goals” ch. 12, Earthscan (2005), available at http://www.unmillenniumproject.org/documents/MainReportChapter12-lowres.pdf (last visited January 29, 2009).
^[81] ACT!ONAID, HIT OR MISS? WOMEN’S RIGHTS AND THE MILLENIUM DEVELOPMENT GOALS (March 2008).
^[82] The maternal mortality ratio (MMR) is a key indicator for monitoring progress towards MDG 5, pursuant to which countries set a target of a decline in the MMR by three quarters between 1990 and 2005. I recognize that the World Health Organisation stipulates that individual country comparisons should not be undertaken using the MMRs, given the uncertainty of MMR estimates and different methods of data collection. In this paper, I aim to highlight the significantly higher rates of MMR for conflict-affected or post-conflict countries, when compared to non-conflict countries, generally.
^[83] WORLD HEALTH ORGANIZATION, MATERNAL MORALITY IN 2005, (2007), available at http://www.who.int/whosis/mme_2005.pdf (last visited April 11, 2009).
^[84] Patricia Leidl, U.N. POP. FUND, DYING TO LIVE: MATERNAL MORALITY IN AFGHANISTAN, (2006).
^[85] The Reproductive Health for Refugees Consortium, Chapter Nine: Former Yugoslavia in Refugees and Reproductive Health Care: The Next Step, (2002), available at http://www.reliefweb.int/library/documents/2001/rhrc-ch9-oct00.pdf (last visited April 11, 2009).
^[86] U. N. POP. FUND (UNFPA), Facts about Safe Motherhood, available at http://www.unfpa.org/mothers/facts.htm (last visited April 11, 2009) See also United Nations Population Fund, (UNFPA) Reproductive Health Fact Sheet, available at http://www.unfpa.org/swp/2005/presskit/factsheets/facts_rh.htm (last visited April 11, 2009).
^[87]act!onaid, supra note 84 at 28.