1. Evaluating
the
Legal
Reforms
and
Peacebuilding
Initiatives
toward
the
recognition
of
Female
Ex-­‐Combatants
in
Sierra
Leone.
A
Comparative
Study
through
a
Gender
Lens
POST-­‐CONFLICT
RECONSTRUCTION
AND
PEACEBUILDING
IN
SIERRA
LEONE
MAJOR
RESEARCH
PAPER
SAINT
PAUL
UNIVERSITY
MARIA
ILIE-­‐DRAGA
APRIL
2014

2. i
TABLE
OF
CONTENTS
Certificate of Originality ii
Acknowledgments iii
Acronyms iv
Abstract v
Map of Sierra Leone vi
Background 1
CHAPTER
1:
INTRODUCTION
6
1.1
Definitions
6
1.2
Literature
Review:
Evaluating
Key
Concepts
9
1.3
Methodology
14
CHAPTER
2:
GENDER,
LAW
AND
PEACEBUILDING
20
2.1
The
Gender
Narrative:
Path
to
Transformation
20
2.2
The
Legal
Structure
of
Sierra
Leone
and
Established
Reforms
24
2.3
Peacebuilding
Initiatives:
Analysis
of
Current
Issues
32
2.4
Liberia
&
Rwanda:
Lessons
for
Sierra
Leone
38
CHAPTER
3:
PROPOSAL
FOR
RECOGNITION
42
3.1
UNDP
and
the
8
Point
Agenda
42
3.2
Four
Gender-­‐sensitive
Tools:
An
African
Feminist
Approach
45
Conclusion 49
Bibliography

3. ii
CERTIFICATE
OF
ORIGINALITY
I hereby certify that I am the sole author of this major research paper and that no part of
this work has been published or submitted for publication. I certify that, to the best of my
knowledge, my major research paper does not infringe upon anyone’s copyright nor violate any
proprietary rights and that any material from the work of other people included in this work,
published or otherwise, are fully acknowledged in accordance with the standard referencing
practices and within the requirements of the Canadian Copyright Act. I declare that this is a true
copy of my major research paper, and that this has not been submitted to any other University or
Institution.

4. iii
ACKNOWLEDGMENTS
I would like to express a special word of gratitude toward the following significant
advisors and contributors. First and foremost, I would like to thank my parents who have always
been there for me and provided advice and everlasting support. My achievements, such as this
research paper among many others, would not be possible without them. Second, I would like to
thank Dr. Jean-Guy Goulet as my research paper supervisor and other professors including Dr.
Vern Redekop, Dr. Heather Eaton and Dr. Anna Sheftel in helping me improve my critical
reading and analytical skills and in helping me hone my interests and goals. They have all taught
me essential concepts of conflict studies relating both to the traditional and modern World. Most
of all, I would like to thank them for allowing me to pursue my dream and assisting me in
including the concepts gathered during these past two years toward my determination for law.
Finally, I sincerely thank my significant other for always being there to edit numerous
assignments while continually supporting me in my dreams and accomplishments.

5. iv
ACRONYMS
DDR Disarmament/Demobilization/Re-Integration
CEDAW Convention to Eliminate All Forms of Discrimination Against Women
NGO Non-Governmental Organization
RUF Revolutionary United Front
TRC Truth and Reconciliation Commission
UN United Nations
UNIFEM United Nations Development Fund for Women
UNAMSIL United Nations Mission in Sierra Leone
UNIOSIL United Nations Integrated Office in Sierra Leone
UNDP United Nations Development Programme
UNSCR United Nations Security Council Resolution

6. v
ABSTRACT
The Civil War of Sierra Leone was first and foremost a resource-based conflict.
However, as it evolved, it became a conflict driven by gender-based violence. This ultimately led
to a violation of human rights and more specifically women’s rights, particularly those of ex-
combatants. Gender-based violence was one of the driving tools of war that caused the lack of
recognition for these women within the legal system. Including the concept of gender within the
post-conflict mainstream could empower women and achieve equality. Currently, the legal and
peacebuilding approaches cater to women to a certain extent but fail to recognize the specific
experiences of female ex-combatants. The main issue is reflected within gender discourse and
the lack of understanding issues relating to the role of women during and post-conflict. Legal
reform can indeed have an impact on establishing and protecting ex-female combatants’ rights in
Sierra Leone. However, in order for this to be possible, it must be reinforced and adapted in
order to recognize this special group of women. Through this positive change, peacebuilding can
be achieved. Peace is in our hands and we must change various systems in Sierra Leone in order
to create a stable, equal and capable society.
Keywords: civil war, gender-based violence, female ex-combatants, post-conflict
reconstruction, peacebuilding, empowerment, gender equality, and legal reform

7. vi
MAP
OF
SIERRA
LEONE

8. 1
BACKGROUND
THE CIVIL WAR IN SIERRA LEONE
LEGACY AND COLONIZATION
Sierra Leone was built on a patriarchal structure that originated from the colonization of
the country. In the colonial era from 1787 to 1808 and postcolonial era, society strived to shape
gender imbalances that are continually present within the country. In 1787, the British colonial
powers first established Freetown as a British post, which became an official Crown colony in
1809. Due to the mineral rich soil within the country, notably diamonds, the British worked to
exploit their natural resources, making Sierra Leone one of Britain’s most economically
successful colonies. (Mackenzie, 2012, pp.31-36)
The ultimate goal of the British colony, however, was to civilize the greater part of Sierra
Leone and to abolish its traditional social practices. Among these ambitions was the enforcement
of religious and legal codes that were specific to Britain rule. The British enforced their
superiority through “the control of sexuality and the establishment of a particular form of
conjugal order at the heart of governance strategies” (Mackenzie, 2012, p. 27). This ultimately
led to the continued exploitation of women through the use of forced marriages and forced
prostitution as well as the creation of social inequalities among different ethnicities due to legal
reforms foreign to the traditional citizens of Sierra Leone.
The underlying cause of the civil war[1] can be attributed to the legacy left by the British
colonial powers, creating difficulty for Sierra Leone to govern itself and leading to “bad
governance, the denial of fundamental rights, economic mismanagement, and social exclusion”

9. 2
(Binns & MaConachie. 2005, p.67). The mismanagement of wealth gained from natural
resources, mostly diamonds, made Sierra Leone vulnerable to corruption and thus, to outside
actors working to gain profit, creating instability with various neighbouring countries such as
Liberia. The instability “contributed to the collapse of national institutions and local services, the
breakdown of state security, and the misappropriation of government resources” (Binns &
MaConachie, 2005, pp.67-68).
ROOTS OF THE CIVIL WAR
Diamonds were in fact, a useful funding resource for the Revolutionized United Front
(RUF), the rebel group empowered by male leaders to change the government of Sierra Leone,
claiming this invasion was for the promotion of a ‘new Sierra Leone of freedom, justice, and
equal opportunity’. (Tejan-Cole, 2000, p.245) The diamond industry helped in acquiring
weapons of war and in enlisting female fighters, among others such as child soldiers, into the
armed group.
The civil war[2] officially began on March 23d, 1991, when the Revolutionary United
Front (RUF) entered south-eastern Sierra Leone from Liberia in an attempt to overthrow the
Sierra Leone government under the guise of liberating the country. The conflict involved many
actors such as the Civil Defense Forces and the Sierra Leone Army, among others. However, the
RUF was deemed as the most violent and brutal. The RUF effectively threatened women and
sought to coerce them into becoming parties of war and unleashing violence on their
communities and ultimately, the country as a whole. (Coulter, 2009, pp.40-41; Mackenzie, 2012,
pp. 18, 40-41)

10. 3
The Sierra Leone civil war was not only a war over diamonds and other resources, it was
also a war based on gendered relations between men and women of society (Coulter, 2009,
pp.58-60). The country’s political history has been indeed marked by various coups and attempts
at unifying the country into a one-party state. It had also suffered severe economic
mismanagement, which eventually led to political strife. In truth, the conflict was due to a
combination of social, political and economic factors. It is argued that the true source of conflict
was linked to exploitation, government corruption, extreme poverty and inequality as well as the
influence of Liberia and its political ventures. Today, within the social and political dimensions,
gender is at the root[3] of post-conflict reconstruction barriers, feeding the remaining issues of
inclusion and peacekeeping in the post-war era of Sierra Leone. (Coulter, 2009, pp.45-47)
During the conflict, many women took on the role of combatant, due to being kidnapped,
abducted, physically and sexually abused and forced to commit atrocities. Yet, when the conflict
is said to have ended in 2002, the attempts to provide programs for post-conflict reconstruction
faced difficulty and continue to struggle in achieving recognition and equality for ex-female
combatants in society. (Coulter, 2009, pp.148-150; Mackenzie, 2012, pp.45-47)
Prior to the civil war, women and girls in Sierra Leone experienced extreme inequality;
opportunities for women were limited and almost non-existent. (Conciliation Resources, 1997)
High levels of illiteracy poverty prevented women from upholding their rights. The civil war
then caused a dramatic shift in the societal structure of Sierra Leone and “caused ruptures in the
social relations of both families and communities” (Coulter, 2009, p.6). The marginalization of
women effectively limited any prospect in redressing gender inequalities. Traditional gender
roles that were in place before the conflict have resurfaced and no longer suit the women who
had been involved in the war. Gender relations had changed and ex-female combatants faced

11. 4
difficulty in adapting to the post-conflict world. (Coulter, Persson & Utas, 2008, pp.30-31)
Gender differentiation was indeed prominent before the war. Tradition Sierra Leone society was
based on a sexual division of labor, where gender analyses based on a sexual continuum have
placed men and women at completely opposite ends in terms of roles, responsibilities, and
opportunities. (Coulter, 2009, pp.58-60, 137-139) This gender narrative is also reflected within
Sierra Leone law, including formal and customary approaches.
Within[4] this framework, approximately 250,000 women and girls were subjected to rape
and gender-based violence (Barnes, Albrecht & Olson, 2007, PHR, 2002, Coulter, 2008, p.58).
Moreover, women and girls effectively participated in the war as ‘female fighters’, which was
traditionally, a male role. It is estimated that around 10 to 30 percent of all fighters were
women[5] and girls. (Coulter, Persson & Utas, 2008, p.12) These women disrupted the gender
binaries associated with war and challenged dominant war mythologies including that women are
naturally peaceful while men are naturally violent (Coulter, 2009, p.137).
This paper focuses particularly on the effectiveness of current legal reforms and evaluates
potential additions to legal reforms with regards to achieving peace-building and empowering
women by creating gender equality in Sierra Leone society. The question that this research aims
to answer is:
Do legal reforms and peacebuilding initiatives have an impact on establishing
and protecting women’s rights, specifically female ex-combatants, in Sierra
Leone? If so, how?

12. 5

13. 6
CHAPTER 1: INTRODUCTION
DEFINITIONS, LITERATURE REVIEW,
KEY CONCEPTS AND METHODOLOGY
“A FEMINIST CURIOSITY LEADS ONE TO BE SUSPICIOUS OF A DEPENDENCE
ONLY ON THOSE CATEGORIES THAT ACKNOWLEDGE WOMEN EITHER AS
SILENTLY SYMBOLIC OR AS SILENTLY VICTIMIZED.” – CYNTHIA ENLOE 1
1.1 DEFINITIONS
In order to understand the various references and key concepts throughout this paper, it is
important to provide a definition of terms so as to improve understanding of the content. As
such, below are the definitions pertaining to the key themes throughout this research.
Female Fighter or Female Combatant is defined as a woman who partakes in the violence
excavated during armed conflict, though one who may be coerced into performing certain actions
and as such, lack agency in the consequence of their actions in an armed conflict environment
(Coulter, 2008) 2
Empowerment is “the process of increasing the capacity of individuals or groups to make
choices and to transform those choices into desired actions and outcomes…actions that build
individual and collective assets, and improve the efficiency and fairness of the organizational and
institutional contexts which govern the use of these assets”. (World Bank, 2011)
1
Coulter,
2009,
p.125
2
Note
that
‘female
fighter’
and
‘female
combatant’
are
used
interchangeably
throughout
the
paper.
However,
both
have
the
same
meaning
for
the
purpose
of
this
study.

14. 7
Gender[6] refers to the “socially constructed differences between men and women and boys and
girls” (Mazurana, 2005, p. 13)
Gender analysis, is: “the systematic gathering and examination of information on gender
differences and social relations in order to identify, understand and redress inequities based on
gender” (Reeves & Baden, 2000, p. 2)
Gender Equality is defined as “Equal rights, responsibilities and opportunities for women and
men; according equal consideration to the interests, needs and priorities of women and men”
(UN Women)
Gender Mainstreaming is defined as “the process of assessing implications for women and men,
including legislation, policies or programs and is a strategy for making gender concerns an
integral dimension of the design and implementation of these approaches in order to achieve
gender equality” (UN, 2011: doc. A)
Gender-based Violence is defined as: “any act … that results in, or is likely to result in, physical,
sexual or mental harm or suffering to women, including threats of such acts, coercion or arbitrary
deprivation of liberty, whether occurring in public or in private life” (WHO, 2013)
Identity is an element wherein one person identifies with a particular gender, race, ethnicity or
even nationality or specific group. It involves human and physiological needs, specifically the
five following: meaning, connectedness, security, recognition and action. (Redekop 2002, p. 31)
Patriarchy is an institutionalization of male dominance with high correlations between gender
and position, legitimized by culture and often emerging as direct violence.3
(Galtung, 1996, p.40)
3
For
the
purpose
of
this
paper,
while
direct
violence
refers
to
rape
and
intimidation,
here,
I
assert
that
it
refers
to
gender-­‐based
and
sexual
violence

15. 8
Peacebuilding is defined as “action to identify and support structures which tend to strengthen
and solidify peace to avoid a relapse into conflict” (UN Doc. A-1994) 4
Sexual Violence is defined by the ICC as “… an act of a sexual nature against one or more
persons or caused such person or persons to engage in an act of a sexual nature by force, or by
threat of force or coercion, such as that caused by fear of violence, duress, detention,
psychological oppression or abuse of power, …or by taking advantage of a coercive environment
or such person’s or persons’ incapacity to give genuine consent” (Article 7(1))
Structural Violence is an indirect form of violence built into social, political and economic
structures that gives it rise to unequal power. It includes exploitation, alienation, marginalization,
poverty, deprivation and misery and exists when basic needs for security, freedom, welfare and
identity are not met. (Galtung, 1969)
Stigmatization is a process of dehumanizing, degrading, discrediting and devaluing people in
certain population groups, often based on a feeling of disgust. (Redekop, 2002)
Transitional justice refers to “a response to systematic or widespread violations of human rights.
It seeks recognition for victims and promotion of possibilities for peace, reconciliation and
democracy. Transitional justice is not a special form of justice but justice adapted to societies
transforming themselves after a period of pervasive human rights abuse. In some cases, these
transformations happen suddenly; in others, they may take place over many decades”
(International Center for Transitional Justice)
4
Note
that
this
definition
highlights
the
meaning
of
peacebuilding
within
post-­‐conflict
context

16. 9
1.2 LITERATURE REVIEW: EVALUATING KEY CONCEPTS
Gendered Roles
The literature surrounding the civil war of Sierra Leone and the role and responsibilities
of what are now female ex-combatants evaluates both important correlations but also makes
several faulty assumptions. During the civil war in Sierra Leone, women involved in the conflict
as ‘female fighters’ or ‘female combatants’ were considered to be “more cold blooded than men”
(Coulter, 2008, p.7). This particular role emancipated women. The acceptance of women during
the war as female fighters essentially challenges the traditional notion that “men make war,
women make peace” (Mackenzie, 2012, p.48). This is particularly important when reorganizing
post-conflict reconstruction goals as the stereotypical approach in defining these roles raises a
myriad of issues. (Coulter, 2008, pp.137-138)
The main roles of women included both combat roles and support roles. Combat roles
included actions of killing, torturing and murdering citizens whereas the support roles included
more traditional responsibilities like cooking, cleaning, caring for children and even sex slavery,
the latter being a normalcy in customary Sierra Leone. (Mackenzie 2012, p.52) Mackenzie
(2012) maintains that there is a central focus on the investigator’s account of what the women of
Sierra Leone experienced and what can be evaluated through post-conflict dynamics. (p. 23)
Evidently, this triggers an issue of representation on the true accounts of gender ordering and
sexual regulation that affected ex-female combatants as fundamental and substantive experiences
were disregarded.
Within the literature, the most prevalent topic is that of the victim-perpetrator dichotomy.
Morash (2006) shows that “females who do not conform to common ideas about appropriate and

17. 10
moral behaviour and appearance for girls and women are sometimes not taken seriously as
victims or are blamed for their own victimization” (p. 37). For instance, the Lomé Peace Accord,
evaluated later in the paper, does not even make mention of women as female fighters and purely
focuses on defining them as victims. In fact, this demolishes any sense of empowerment and
leaves women feeling powerless and lacing agency. (Mackenzie, 2012, pp. 46-47)
Experiences and Gender Identities
Gender is the missing link between theory and practice, especially within post-conflict
reconstruction literature (Jennings, 2011). Mackenzie (2012) asserts that women and girls within
fighting forces felt empowered and gained opportunity for position and skills. (pp.40-41)
Mazurana, Roberts & Parpart, (2005) argue that gender mainstreaming is required in order to
effectively recognize and represent the rights and needs of women in an unstable society. They
go on to state that it is one of the strategies that could assess the implications of women in all
levels of governance and making them an integral part of the reconstruction design in achieving
gender equality. (pp.12-14) Mazurana et al. (2005) also claim that the lack of conceptual
coherence among human rights and development approaches in addition to the bias against
gender equality within the UN and lack of effective systems within programming goals
essentially created a barrier to successful gender mainstreaming. (pp. 43-44)
In tangent with gender balance, being another UN based strategy toward achieving
gender equality, which aims to include both women and men in shared activities and
implementations of equality, gender mainstreaming exposes perceptions, experiences and
interests of women on reconstruction and decision-making processes. (UN, 2002, p.4) It
recognizes the issues of gender, age and class in accordance to effects of violence and

18. 11
destabilization of a community or society. Gender balance complements gender mainstreaming
in its objective to highlight the importance of women’s contribution and participation in UN
based activities. (Mazurana et al, 2005, pp. 12-14) Gender mainstreaming is severely lacking
from developmental reforms. While this is well documented, there is an increasing recognition
and application of this concept within implementation designs and post-conflict reconstruction
goals. Although gender mainstreaming is positively conveyed, I argue that it is somewhat
homogenous, failing to take into consideration the needs and interests of female ex-combatants.
Acknowledging and understanding the range of experiences lived by female ex-
combatants and recognizing their potential for involvement and agency in conflict situations is
an important step toward deconstructing deeply rooted gendered stereotypes. Accordingly,
throughout the empirical study they conducted on the effects of the DDR programme,
Humphreys and Weinstein (2005) found that many challenges women faced during the conflict
related more to their specific roles than gender. In a similar vein, McKay (1998) states: “the post-
conflict reality usually proves that, regardless of culture and place, women’s roles revert to
traditional ones, and nationalistic loyalties are more highly valued than is gender equality” (p.
356). Within the context of Sierra Leone, this created a backlash in women’s participation and
women’s rights. (Castillejo, 2011) In addition, women also faced danger at the hands and control
of male soldiers, most of which were part of the RUF militant group. Coulter (2008) states that
for example, “if a female fighter hesitated when ordered to kill, her own group would later
punish her, often through rape, and if she fell into enemy hands, she would most likely be raped
before being killed (p. 7). Ultimately, this advances the earlier premise that female fighters
possessed various roles during the conflict.

19. 12
Do development policies truly construct gendered identities? (Mackenzie, 2012, pp. 45-
46) Within this theme, the reluctance by UN, the World Bank and other international agencies to
define female ex-combatants as having been indeed ‘soldiers’ rather than just ‘females associated
with the war’ highly ignores conflict roles. Thus, in order to recognize these women in the post-
conflict legislative reform, it is important to fully understand the roles they played during the
conflict itself. (Mackenzie, 2012, p. 64)
Within literature, there can indeed be a real connection made between gender inequality
and increases in violence. In fact, some studies show that there are not only negative impacts
within the correlation but also negative repercussions towards women. Capriolo (2005) and
Hudson (2008) present throughout their work, that gender inequality and levels of cultural or
structural violence are linked to an increased probability of internal conflict. Therefore, gendered
assumptions clearly create a barrier for recognition.
Keen (2005), World Bank (2006b) and Manning (2006) have in fact found barriers to
access and problems with transparency and equity that could further marginalize underserved
populations, in this case, female ex-combatants. Issues of distrust and anger from Sierra Leone
society continues to impede the ability of ex-female combatants to access justice and be
recognized within the law. (Lloyd, 2005) Through these notions, stigma is intensified as a major
source of discrimination against former female fighters, reflecting mainly the escalation of
unequal power (UN, 2012).
Gender-Based Violence and Female Ex-Combatants
Over recent years, there has been increased influence on armed conflict manifestation and
development brought on by gender-based and sexual violence. In Sierra Leone, these were tools

20. 13
and weapons of warfare and violence that gained defining characteristics. Rape and sexual
slavery are among the central elements of sexual and gender-based violence in post Cold War
conflicts. The use of gender relations and culture within society cause higher rates of violence
against women, especially with women being targeted as members of fighting forces. (Mazurana,
2005, pp.4-6)
Sexual Violence is recognized by the ICC as a crime against humanity, including actions
of sexual slavery, enforced prostitution, and forced pregnancy, among other factors. For the
purpose of this paper, sexual violence is analyzed through notions of power abuse and coercion
relating mainly to gender-based violence. Jamesina King, a lawyer in Sierra Leone asserts that:
“The widespread acts of brutal and horrific form of sexual violence committed against women
during the conflict were a direct consequence of the culture of impunity and silence that existed
prior to the conflict.” (Coulter, 2009, p. 34) Similarly to sexual violence, the issue of gender-
based violence concerns the violation of women’s rights as well as human rights. However, the
latter relates more to issues of gender inequality stemming from traditional practices and
customs. I contend that as literature presents, gender-based violence is an important tool that
actively created inequality within the post-conflict context. Furthermore, I hope to evaluate its
effects and outcomes on achieving the recognition of female ex-combatants and whether or not
its elimination can effectively aid Sierra Leone in becoming a peaceful nation.
Key Authors
Within the concept of this study, I have relied heavily on two scholars. In past studies
surrounding the experiences of female ex-combatants, Coulter (2008) & (2009) focuses on the
use of personal interviews in order to gather information from women who had either

21. 14
volunteered or been coerced to participate in the conflict. Within her framework, she relied on
female informants along with secondary data analysis and analyzed results using feminist theory
extensively. In doing this, Coulter evaluates how prevailing notions of gender led to post-conflict
reconstruction difficulty. Looking at gender roles during the conflict and post-war experiences,
Coulter aims to depict the true underlying experiences of female fighters. Through ethnographic
study and a thorough gendered analysis, she asserts that there are still many challenges that need
to be overcome in achieving peace. While her focus is on re-integration, my research focuses on
recognition. Nevertheless, her data analysis and statistical range of women involved in conflict
and in the DDR process prove useful for my own study.
Mackenzie (2012) is another central author for my research. Similar to Coulter (2008) &
(2009), Mackenzie draws on interviews with former female soldiers and experts in order to
provide a useful perspective, particularly towards the development of the nation. Within her
approaches and feminist framework, she argues that post-conflict reconstruction is a highly
gendered process, and aims to show that a clear recognition and comprehensive understanding of
the roles and experiences of female fighters during the conflict are key to crafting effective
development for the future.
1.3 METHODOLOGY
Thesis
The post-conflict reconstruction efforts of Sierra Leone are commendable but face a
variety of challenges regarding women’s rights and in particular, those of female ex-combatants.
I wish to problematize the concept of gender-based violence and current initiatives within legal
reforms in Sierra Leone. The mandate concerning the recognition of women’s rights is broad and

22. 15
fails to secure protection for female ex-combatants. Therefore, I argue that there is a need for
more reform concerning the judicial system but also that these initiatives will progress with the
help of peacebuilding efforts in securing a sustainable future. Throughout this statement, I claim
that incorporating traditional justice along with formal legislative frameworks is required in
order to reach the goal of recognition. I argue that further reform can better serve the priorities
and needs of these female ex-combatants by expanding its purview to include grassroots
initiatives working alongside formal justice as well as cooperation with other women’s
movements in the nation. Specifically, I argue that these approaches can lead to a full recognition
and incorporation of human rights and women’s rights both in legislation and social values.
Normative and Instrumentalist Frameworks
Women as survivors of war have gender-specific needs and perspectives that require
focused analysis. The analytical and operational frameworks of post-conflict situations tend to
treat the impacts of conflict as if the same across the population and gender spectrum. In doing
so, women’s needs are often overlooked. (Coulter, 2008; Coulter, 2009, pp.9-11) There is a clear
need for interaction between theory and practice.
The methodology used within this paper is one of critical secondary data analysis. In
order to achieve this, I evaluate the circumstances surrounding female ex-combatants by using
normative and instrumental approaches argued by Jennings (2011). The instrumentalist approach
focuses on behavioural change in society and institutions through evaluation of programs that
define gender as a ‘tool’ toward the framework for peace. Essentially, it focuses on the
experiences of those involved in conflict, for this particular argument, on the experiences of ex-

23. 16
female combatants, and focuses on the accommodation of specific groups within the different
strands of society. (Jennings, 2011, pp. 2-3)
Within the context of Sierra Leone, this approach is illustrative of the experiences women
lived through the DDR process, which prioritized security rather than gender equality. While this
framework works toward representing the true experiences of these women in conflict, it does
have some disadvantages including the reinforcement of gender stereotypes and traditional roles,
as upheld by the patriarchal structure and customary tradition of Sierra Leone. (Jennings, 2011,
pp. 2-3)
The normative approach, while holding similar goals, emphasizes transformative social
change within gender roles. Moreover, it views the various institutional and legal reforms as
necessary tools and yet, insufficient on their own, to grant such a positive change. These theories
combine top show what is needed to elevate the importance of gender in societal development
and as a means for peacebuilding. (Jennings, 2011, pp. 3-4)
Closely linked to these evaluative approaches is the feminist critical discourse analysis. It
is greatly important to understand the various order dynamics in Sierra Leone in attempting to
reform processes of post-conflict development. The main focus of this analysis is in locating
discourse that sustains or constructs patriarchy and the subordination of women. Feminist
analysis relies on interpreting information through the eyes and experiences of women. Thus,
this method is clearly useful for this research, along with the normative and instrumental
evaluations, in analyzing the effects of gender inequality and the use of tools that could aid in
raising the importance of gender both within legal and peacebuilding frameworks. (Mazurana &
McKay, 1999; Mackenzie, 2012, pp. 17-18)

24. 17
Design
The first chapter of this research paper focuses on transforming the gender narrative
through a gender and identity based analysis in order to promote justice and equality for women,
particularly female ex-combatants. The second chapter evaluates the Constitution of Sierra
Leone as a primary legal source, along with other institutions such as the Special Court of Sierra
Leone and the International Criminal Court alongside traditional and customary local legislation.
Finally, within the last chapter, I examine the notion of positive peace, entailing the importance
of development and peacebuilding, mainly evaluating power asymmetries, marginalization and
the thorough lack of gender analysis.
My overall goal is to evaluate whether the laws present during the conflict help establish
the recognition and protection of rights for female ex-combatants in the post-conflict phase.
Moreover, I plan to analyze the reforms that have been incorporated in Sierra Leone post-conflict
in order to indicate whether they promote the importance of recognition for ex-female
combatants. I claim that the latter improved the status of female ex-combatants to a certain
degree but argue that additional criteria are required to achieve recognition goals. Finally, I
demonstrate how this additional reform could also potentially achieve sustainable peace and
reduce biased gendered notions in the hopes of also preventing future conflict.
Within the concept of my design, namely within the proposal section, I plan to use
Zuckerman and Greenberg’s (2004) gender dimension approaches in evaluating the narrative,
legal reform and peacebuilding initiatives and argue how they can be altered in order to
effectively include the recognition of ex-female combatants. Furthermore, I rely on the UNDP’s

25. 18
8 Point Agenda pertaining to the status and rights of women along with African feminist analysis
tools toward recommending a better practice model suited for former female fighters.
Scope and Limitations
With regards to the scope of this research, I contend that gender is inclusive of both men
and women; however, my focus is solely on women as female ex-combatants. Furthermore,
while issues concerning legislative reforms plague African countries, Sierra Leone is the web of
my analysis, along with Liberia and Rwanda that will be used as comparative studies in
evaluating the impact of legal reforms on the recognition and rights of female ex-combatants. I
rely on gender at the center of my theoretical framework and intend to portray the variances in
the identities of former female fighters.
Furthermore, I hope to correlate the value of gender inequality with gender-based
violence and prove that while current legislation in Sierra Leone is improving and aims to
recognize women, female ex-combatants remain isolated. I contend that additional reform to
legislation and judicial structures can effectively promote peacebuilding. However, I realize that
the processes of re-integration and reconciliation are also involved in this process. Nevertheless,
while I do evaluate the DDR program, meant to both re-integrate and de-mobilize former
fighters, I rely on the program’s peacebuilding goals to show how it has failed in acclaiming
women’s rights and status in society. In essence, I propose criteria that adds a useful dynamic to
the legal reform that Sierra Leone requires in order for female ex-combatants to be recognized
and in turn, to achieve peace-building and equality within the country.

26. 19
5
FIGURE 1.1
6
FIGURE 1.2
5
This
graphic
represents
the
important
correlations
that
are
relevant
to
the
study
at
hand.
It
depicts
the
research
design
by
including
the
type
of
analysis
used
to
evaluate
the
research
question
and
identify
findings
as
well
as
important
variables
and
outcomes
to
the
problem
in
question.
6
Relevant
data
portrayed
in
graphic
that
encompasses
experiences
and
involvement
of
female
fighters.
This
illustrates
the
number
of
women
involved
in
the
conflict,
subjected
to
rape
and
sexual
violence
and
the
issue
of
representation
of
women
within
the
DDR
process
that
will
further
be
evaluated
in
this
paper.

27. 20
CHAPTER 2: GENDER, LAW AND
PEACEBUILDING
TRANSFORMING THE GENDER NARRATIVE,
ANALYZING LEGAL REFORMS AND PROMOTING
PEACEBUILDING: COMPARATIVE STUDY ANALYSIS
“WOMEN WANT A WORLD FREE FROM HATRED, VIOLENCE AND POVERTY, A
WORLD OF EQUAL OPPORTUNITIES AND RIGHTS, A WORLD THAT IS
PROSPEROUS AND SECURE FOR ALL.” – NOELEEN HEYZER 7
2.1 THE GENDER NARRATIVE: PATH TO TRANSFORMATION
As argued by Enloe, the end of a war is “crowded with gendered decisions” (Enloe, 1993,
p. 261). The literature surrounding female ex-combatants relies on a narrative that largely
underrepresents the true experiences of women who were formerly involved in the conflict.
Women’s narratives are in fact, extremely valuable for identifying needs and amplifying a
culture of peace. Narratives of hegemonic masculinity and patriarchal structures have dominated
much analysis of gender. (Salome, 2013, p. 93; Lahai, 2010, pp. 1-2) Indeed, as one scholar
argues, the need to specify the expression ‘female combatant’ itself implies that the orthodox
understanding is of a ‘male-only’ fighting force. (Alison, 2004, pp. 447-450) Furthermore, the
gender narrative set in place also increases levels of post-war violence. Gender dimensions are
inherently important within constructs of post-conflict reconstruction and development analysis
and the fact is that gender is sorely lacking from discourse surrounding females during conflict
periods, as well as within post-conflict reconstruction attempts. (Salome, 2013, p. 93)
7
See
UNIFEM
-­‐
<http://www.un.cv/agency-­‐unifem.php>

28. 21
Women and more specifically, female ex-combatants continue to be underrepresented in
Sierra Leone society. Due to the male bias surrounding the gender narrative, gender relations
have been skewed along with women’s needs and interests. Furthermore, the notion of women
being vulnerable engulfs current literature and gravely impedes consideration of true actors also
being agents of change for reconstruction. (Lindsay, 2001, p. 12) Sweetman (2005) contends
that, “women are depicted as creatures of innocence, purity, and fidelity, who nurture, comfort,
and command make protection” (p. 3). For their voices to be heard, there is a dire need to include
women in societal influences. (Noma, 2007, pp. 8-9)
Gender is generally used in a homogenous way, failing to adequately represent the
experiences of a particular group of women like female ex-combatants within reconstruction
efforts and hardships during conflict. This is evident in Carver’s assertion that ‘gender is not a
synonym for women’. (1996, p. 120) Moreover, Myrttinen, Naujoks & El-Bushra (2014) show
that in order to effectively understand the experiences of former female fighters in Sierra Leone
and their role in reconstruction efforts, gender analysis requires a gender-relational approach. A
gender-relational approach strives to provide an understanding of gender roles and relations
within a distinct context, notably how gender differences link with identities. (pp.5-6) The
narrative in Sierra Leone has always been based on traditional and customary roles, making
women the hub of society, but failing to adapt them to any other possible roles. Therefore, this
approach proves to be a constructive way in achieving the transformation of grounded narratives.
Gender analysis highlights the specific needs and interests of both men and women in
armed conflict. Mackenzie (2009) strengthens this notion by stating that women’s participation
in the war was marginalized and holds that the role of these female fighters is often dismissed
and misrepresented as ‘females associated with the war’. This leads to a constraint for activism

29. 22
within post-conflict reconstruction efforts. (Amani, 2003: 11) Evidently, the use of gender
analysis could assist in a better understanding and representation of former female fighters.
Women possess a range of interests, many of which stem from class and nationality,
among others. I argue that the gender narrative should be transformed through detailed analysis
and specifically, examine how the shifts into non-traditional roles deeply affect power balances
and gender relations. The challenge is to crosscut analyze race, class and sex in order to
understand the differences between women and their interests both during and after conflict
situations. (Sweetman, 2005, pp. 3-4; Amani, 2003, p. 26) This can potentially help address the
specific needs of female ex-combatants that are currently amalgamated within the homogenous
analysis of ‘women’. The interests and needs of this important sub-group are effectively shaped
by their gender identity. Until that is adequately understood, there is a continuous challenge in
achieving recognition under legislation and within social standards. (Sweetman, 2005, pp. 3-5)
Throughout an evaluation of the causes of civil wars, Sesay (2013) contends that another
problem with the current narrative consists of the assumption that women joining the RUF
should be treated equally to men seeing as they left behind the feminist assumption that women
are not violent. The reality is that the opposite occurs, and patriarchy is harshly reinforced.
Evidently, this sustains the barrier to reconstruction.
El-Bushra (2000a) and Kabeer (1994) (as cited in El Jack, 2003, p.3) argue that gender
differences are established within governmental and non-governmental development
organizations that intervene to end armed conflict and construct a nation of peace. (El-Bushra
(2000b, p. 4) argues that these institutions ‘must be challenged if gender injustice is to be
transformed into equality of treatment, opportunity and rights’. Reeves & Baden (2000) assert
that there is a need to question the existence of power within gender and challenge the existing

30. 23
gender roles and relations. Most wars do not efficiently require men to transform their relations
with women, particularly in post-conflict situations. (p. 33) Evidently, this poses a problem for
reconstruction and in restructuring patriarchy to include justice and equal treatment for women
and more specifically, former female fighters.
While women held leadership positions during the conflict, these are lost in post-war
periods. As Meintjes, Pillay & Turshen (2002) show, there is no systematic analysis yet in
literature to explain why females who were combatants during the conflict lost the leadership
positions they had gained during the conflict, while taking up arms. However, they argue that
one of the reasons could indeed be that women themselves need to admit their own interests as a
collective group. The issue here is that while there is a passionate struggle against inequality
between the sexes and the entrenched patriarchal ideology within Sierra Leone, the main goal
continues to be the struggle for national liberation. This colossal loss of rights tends to also be
mirrored inside families and other dynamics of society. (pp. 30-31)
The patriarchal structure of the country and society enables men to abuse their power and
this in turn creates the root of violence against women. The gender stereotyping that plagued
Sierra Leone is still present and ensures that there is no space for women within any decision-
making or political arena. (Meintjes, Pillay & Turshen, 2002, pp. 38-39) It is necessary to
thoroughly understand women’s involvement in the Sierra Leone civil war in order to understand
their roles and evaluate the issue of post-war re-marginalization and return to traditional roles.
(Alison, 2004, pp. 13-15)
Strickland and Duvvury (2003) find that there is a slow shift in understanding the
consequences faced by women during times of conflict. However, they also argue that gender

31. 24
discrimination continues, even in post-conflict periods, through marginalization and violence.
Thus, they suggest that social norms embedded in society relating to power, violence and gender
be strictly transformed to achieve gender equality. Through this approach, they argue for co-
operation, peaceful resolution and equality to rid society of discrimination against women. (pp.1-
8) On par with this argument, Zuckerman & Greenberg (2004) contend that the transformation of
gender roles would heal negative outcomes associated with violent conflict, re-build social
capital and contribute to a successful development. Within this dimension, they argue that post-
conflict reconstruction must rebuild social capital in its efforts to invoke gender equality. (as
cited in Sweetman, 2009, pp.79-80) If female ex-combatants are perceived through the biased
gendered discourse, how can there ever be fair and just recognition of their identity and rights
within the law?
2.2 THE LEGAL STRUCTURE OF SIERRA LEONE AND ESTABLISHED
REFORMS
English law in Sierra Leone was introduced into the colony in May of 1862 and ensured
that the laws and statutes that were in force throughout England were applied in Sierra Leone.
Furthermore, it stated that no earlier laws or enactments were to be used unless it was expressly
provided. The law evolved in the following years and since the conflict, Sierra Leone has much
relied on customary law but has also included two other forms. The legal system in Sierra Leone
is in fact, quite complex as it encompasses three different legal layers. The general law is the first
system that includes a legal code and statutory legislation that was inherited from British
colonization. Customary law is the second system that is heavily based on traditional codes and
practices within Sierra Leone society. Finally, Islamic law is depicted as the third legal system,

32. 25
holding a strict code of conduct, particularly for women. (Smart, 1980, pp. 87-89; Coulter, 2009,
p. 59)
Customary law defined by the Human Rights Watch as” “the rules of law by which
customs are applicable to particular communities in Sierra Leone” (2003, p.15) is deeply
protected in Sierra Leone. It is a bifurcation of sorts: legal systems inherited legislative
approaches form colonial powers and these co-exist with customary regimes derived from
traditional approaches to justice. (Maru, 2005, p.18) Within the customary approach, there is a
blurred line between autonomy and subordination in contention with human rights and overall
justice in society. 8
Customary law essentially creates a legacy of indirect rule that is still found in
contemporary law within Sierra Leone today. It gained traction by giving chiefs ultimate power
and making them law makers and enforcers, consequently building a legacy of absolute power
within society. (Maru, 2005, pp. 19-20) Without going into much detail concerning law in Sierra
Leone in post-colonial times and evaluating its impositions since the independence of the
country, I argue that customary law has in fact had a determining role in creating the barrier to
justice for female ex-combatants and leading to their lack of recognition within the current legal
system.
I contend that in times of conflict, the legal system is highly vulnerable. The previous law
in force is usually challenged and contested. Customary law conflicts with human rights,
particularly those of women in society. While customary law is meant to comply with the
National Constitution, in many cases, it overpowers the notions of natural justice and important
8
Customary
law
and
practices
are
governed
by
the
principle
of
male
superiority
over
women
in
all
spheres
of
life

33. 26
enactments of Parliament. As mentioned in the TRC of Sierra Leone, “the application of
customary law must not be repugnant to equity, natural justice and good conscience”. 9
However,
as argued by Maru (2005), one of the advantages in using this traditional system is that within
rural regions of Sierra Leone, customary law is more practical as a way to establish law and
order. (p. 20) Despite this, how can law reform ever truly begin while customary law is still
much embedded in society and institutions within Sierra Leone? The legal framework in the
country does not account for the interests of any particular group of people. While Sierra Leone
is continuing its efforts in achieving equality and justice for all, it has encountered some
setbacks. (Freedom House, 2012, p. 3)
Sierra Leone is a party to the African Charter on Human Rights and People’s Rights and
is thus, committed to eliminating discrimination against women. (Tejan-Cole, 2000, pp.250-251)
The Constitution of Sierra Leone effectively recognizes this right but faces limitations from
existing customary law provisions. Under section 15, outlining the fundamental human rights
and freedoms of the individual, it states:
“Whereas every person in Sierra Leone is entitled to the fundamental human rights and
freedoms of the individual, that is to say, has the right, whatever his race, tribe, place of
origin, political opinion, colour, creed or sex, but subject to respect for the rights and
freedoms of others and for the public interest, to each and all of the following—
a. life,
liberty,
security
of
person,
the
enjoyment
of
property,
and
the
protection
of
law;
b. freedom
of
conscience,
of
expression
and
of
assembly
and
association;
c. respect
for
private
and
family
life,
and
d. protection
from
deprivation
of
property
without
compensation;
The subsequent provisions of this Chapter shall have effect for the purpose of affording
protection to the aforesaid rights and freedoms, subject to such limitations of that
protection as are contained in those provisions, being limitations designed to ensure that
9
See
the
Courts
Act
1965,
in
the
Laws
of
Sierra
Leone,
at
Section
75.

34. 27
the enjoyment of the said rights and freedoms by any individual does not prejudice the
rights and freedoms of others, or the public interest.” 10
Pertaining to the notion of gender, it is evident that section 15 fails to adequately
represent women as part of the provision. I have thus bolded and underlined the ‘his’ within
section 15 shown above to emphasize the ambiguity. (ADFB, 2011, p. 12) While the Constitution
prohibits specific discrimination based on sex, there are certain exceptions or ‘claw back’ clauses
that particularly affect women. Section 27(3) defines discrimination as follows:
“In this section the expression "discriminatory" means affording different treatment to
different persons attributable wholly or mainly to their respective descriptions by race,
tribe, sex, place of origin, political opinions, colour or creed, whereby persons of one
such description are subjected to disabilities or restrictions to which persons of another
such description are not made subject, or are accorded privileges or advantages which are
not accorded to persons of another such description.”
The definition of discrimination includes the words: “according privileges or advantages, which
are not accorded to persons of another description”. 11
This definition poses a serious challenge
to women: on the one hand, they may challenge laws that discriminate against them because their
male counterparts are not subject to the same laws; on the other, they do not appear to have the
means to redress the historical legacies of gender imbalance on the same basis. (Sierra Leone
TRC, 2000, ss. 111 & 112) While this is a clear issue related to gender relations, Sierra Leone
has indeed made various attempts to rectify the situation concerning women’s rights.
10
Note
that
section 27 impedes
the
right
from
discrimination
concerning
matters
of
marriage,
adoption,
divorce,
and
inheritance.
11
See
previous
page
and
the
definition
of
discrimination
under
section
27
(3)
of
the
Sierra
Leone
Constitution

35. 28
Gender Acts have been implemented in order to ameliorate the problem of discrimination
against women. However, these were not comprehensive attempts and lacked a focus on gender-
based violence and sexual violence that had occurred within the conflict. Nevertheless, they did
help to diminish post-conflict violence at least on paper. These were in part possible due to wide-
ranges governmental reforms for post-war reconstruction and development efforts. Among these
efforts were local and international levels of commitment to reform gender frameworks and
achieve equality.
At the local level, the TRC established in 2000 recommended the repeal of all laws within
statutes and customs that promote discrimination against women. In more depth, it was
established as a system of accountability, intending to adequately portray the experiences of
combatants during the conflict and provide a process of sharing those experiences while
promoting the goal of peacebuilding for the country. (Dougherty, 2004: 39) While the TRC
benefits in portraying women’s experiences during the conflict, particularly that of female ex-
combatants, the Special Court for Sierra Leone established in 2002, establishes and promotes a
sense of justice towards women who had suffered crimes against humanity including sexual or
gender-based violence. At the international level, Sierra Leone ratified CEDAW, more commonly
referred to as the ‘international bill of rights for women’ (UNICEF, 2005, pp.58-59) adopted in
1979 by the UN General Assembly in an effort to declare gender equality in the country and
promote women’s empowerment. (Harcourt, 2009, pp. 3-4) Mazurana, Roberts and Parpart
(2005) argue that this was a useful attempt at engendering justice but also that it required further
attention to former female fighters in addressing their rights within the post-conflict context.
(pp.50-52)

36. 29
In addition, the ICC also had a role in asserting the women’s rights issue through a
holistic approach. Mainly, within the court, the notion of gender sensitive justice is highlighted.
Mazurana, Roberts & Parpart (2005) effectively argue that the advances within the ICC should
be incorporated into the national justice framework of Sierra Leone and that it is the only real
effective way to achieve global gender justice and promote the recognition of ex-female
combatants. (pp. 79-80) Furthermore, the basis of the ICC also favours accountability of those
guilty of violating human rights. Nevertheless, it should also be noted that the Rome statute,
being the treaty that established the ICC does bring some limitations to the efforts made to
strengthen international mechanisms that could benefit women. (p. 84)
Under CEDAW, discrimination is defined as: “...any distinction, exclusion or restriction
made on the basis of sex which has the effect or purpose of impairing or nullifying the
recognition, enjoyment or exercise by women, irrespective of their marital status, on a basis of
equality of men and women, of human rights and fundamental freedoms in the political,
economic, social, cultural, civil or any other field” (Article 1). Moreover, Article 5 of the
document inherently states that parties shall take appropriate measures “to modify the social and
cultural patterns of conduct of men and women, with a view of achieving the elimination of
prejudices and customary and all other practices which are based on the idea of inferiority or the
superiority of either of the sexes or on stereotyped roles for men and women”. While it paved
the way to a stable environment for passing the Gender Acts, it failed to pass legislation
domesticating the rights within the convention. As a result, implementation of gender equality
continues to face challenges. (ADFB, 2011, p. 14) Have the Gender Acts such as the Sierra
Leone TRC, the Special Court of Sierra Leone and CEDAW really improved the position of
women and female ex-combatants in Sierra Leone society? I contend that while they have

37. 30
increased the recognition of women’s rights to a certain degree, they have not adequately
addressed the same regarding former female fighters.
Sierra Leone furthered its attempt at achieving justice and rights for women through its
two national policies: The Gender Mainstreaming Policy and the National Policy on the
Advancement of Women, both adopted by Parliament in 2000. The Gender Mainstreaming Policy
effectively reinforced and emphasized gender-based development and aimed to provide a
stronger legal basis for gender policies. Complementary to the Gender Mainstreaming Policy,
the National Policy focused on creating an environment to improve the status of women and
promote women’s participation in development frameworks. These policies were in fact, very
significant as they included a gender-sensitive approach to post-conflict reconstruction. (AFDB,
2011, pp.14-15)
In addition The National Gender Strategic Plan (2009-2012) and the Sierra Leone
National Action Plan on the UNSCR 1325 on Women, Peace and Security alongside UNSCR
1820 on Sexual Violence launched in 2010 have been added to the country’s policy framework
in order to further promote gender equality, women’s empowerment, peace building and
reconstruction. (AFDB, 2011, pp. 14-15) These also form a basis for peacebuilding with a focus
on gender equality. The UNSCR 1325 was introduced to address the needs of women in DDR
programming. Article 8 of the UNSCR 1325:
“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;

38. 31
(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.”
Evidently, the goal is to strengthen gender equality as part of the constitution writing and
entrenching process. While these are great attempts at promoting women in the legal steps
needed to achieve recognition and build the path to gender equality, the challenge surrounding
conventional legal norms remains. Women continue to be marginalized. (Coulter et al, 2008,
p.40) Mackenzie (2012), states that customary law is consequently very patriarchal and that
women’s rights are dependent on societal factors. Meitnjes, Pillay & Turshen (2002) assert that
customary law is an ‘eternal foe’ for reconstruction and peace. (p. 83) However, while they argue
its downfall, customs are indeed useful in creating a balance in achieving gender equality. The
issue lies in the lack of codification of these laws in relation to gender rights. (AFDB, 2011, p.
18)
There is much conflict between customary law and gender-based legislation. Despite all
the reforms to the legal system, I agree with the World Bank Report (2011) in stating that:
“weaknesses still remain in the legal framework…” (p.6). Women’s access to justice is
compromised by multitudinous factors. The government of Sierra Leone has an obligation to
respect women’s human rights through structures of law, as argued by Amnesty International
(2005, p.10) Moreover, it must also take the necessary measures in order to protect these human
rights and prevent any further violations. Lastly, it must fulfill the human rights of women by
ensuring they obtain what is needed. (UNDPO, pp.11-13; UN Women, 2011) Two major

39. 32
problems still need to be addressed. The first refers to the issue within the language of equality in
the Constitution and the need to achieve gender equality through interpretation of legislative text.
The second refers to a lack of establishing hierarchy between written and customary law.
With the current established reform, it is evident that while gender sensitivity in justice
has improved, female ex-combatants are indeed largely missing from the legal sphere. Clearly,
Sierra Leone first requires stricter legal reforms to combat the gender inequality that has
tormented women in society since its independence in order to subsequently tackle the
recognition of female ex-combatants. Can legal reforms be combined with peacebuilding
initiatives to achieve this goal?
2.3 PEACEBUILDING INITIATIVES: ANALYSIS OF CURRENT ISSUES
As Cynthia Enloe (2005) notes, the consideration of gender is a key part to an effective
peacebuilding process. (280-283) While legal reform can recognize the disadvantages faced by
women who were active in the conflict, peacebuilding goes beyond this notion and argues for an
active engagement of women within legal and decision-making structures. I argue that it is
relevant in accordance to the legal reforms that have been established in the country. In addition,
peacebuilding initiatives capture the essence of gender stereotyping and help to redefine and
recognize lost identities. The focus here is on positive peace, referring to the restoration of social
relations and promoting re-construction. I agree with Galtung (1996) as he advances that
peacebuilding is both the absence of violence but also refers to the presence of social justice
through equal opportunity, a fair distribution of power, and equal protection under the law. (p.32)
The process of building peace in society requires the inclusion of women at different
levels of institution. Within the Agenda for Peace, peacebuilding is envisioned as disarming

40. 33
parties, restoring order, advancing efforts to protect human rights and reform institutions and
governmental processes. (Boutros-Ghali, 1992, para. 55) I argue that the advancement of justice
and legal reform can also be a key development for peacebuilding approaches. The issue of
gender has yet to become mainstreamed within the field of post-conflict reconstruction and
consequently, that of peacebuilding. Mazurana & McKay (2001) show that women’s
peacebuilding efforts are usually found within community and local levels, due to being shaped
by concerns existing within those stages. (pp.345-346) My argument is in line with the following
statement by Myrttinen, Naujoks & El-Bushra (2014),
“If we are to be effective as peacebuilders, we need to respond to the power dynamics and
norms that influence peace and violent conflict at the household, community, national and
international levels. To do this, we need to be aware of the diversity of gender and other
identities across groups of men and women. Therefore, gender analysis is key in helping us
understand identity and violence, and, as a result, act effectively.” (8)
In Sierra Leone, as earlier sections in this chapter denoted, gender equality and peace
must balance one another. I contend that that the attainment of peace can lead to gender equality,
but also the opposite, being that the establishment of gender equality can lead to effective peace.
The key to achieving an effective peacebuilding process is essentially to invoke gender as the
central aspect. In order to do this, women’s interests and needs have to be addressed, and women
must also be acknowledged as having a unique role as peacebuilders.
Zuckerman & Greenberg (2004) agree with this view within their second dimension
arguing for the inclusion and importance of women within the reconstruction process. The latter
calls for gender-aware programming and essentially, addressing power dynamics in society.
They note that post-conflict reconstruction efforts rarely recognize the impact on women and
gender relations. They suggest that the rebuilding of infrastructure prioritize women and

41. 34
integrate gender analysis all the while promoting women in all aspects of development. (as cited
in Sweetman, 2005, pp. 73-78) Moreover, the first dimension of their framework also relates to
the notion of gender awareness by including women-focused activities within institutional
reform. Reconstruction efforts create an opportunity to address women’s rights. Thus, ensuring
political freedom and promoting women’s rights based approaches, can address issues of gender
inequality and advocate for women's agency and empowerment. (as cited in Sweetman, 2005, pp.
71-73)
Women’s importance within peacebuilding efforts has been ignored for far too long. The
achievement of peace and recognition requires women’s involvement in order to adequately
represent specific needs. (UN Women, 2011; UNDP, 2002, p.10) I argue that women’s
experiences cannot be efficiently understood without reference to particular context. An African
feminist approach recognizes the hybrid identities of women who had been involved in conflict
and as such, delineates specific adjustments to cater to women’s needs and goals. The main idea
is to connect both universal principles of gender equality while maintaining the importance of
traditional values within society. (Sjoberg, 2009, pp.257-258) However, as Mazurana, Roberts &
Parpart (2005) present in their research, some scholars argue that war can actually provide
pockets of peace and opportunity for women while peacetime can otherwise yield to an increase
of violence for women as well as various constraints. (p.185) I assert that if the proper
precautions are taken and implementations are successful, the process can ultimately yield to
peace and recognition of all women in Sierra Leone.
The construction of sustainable peace requires equal opportunity for all. One of the
issues, however, in Sierra Leone, included the influence of international actors on the transition
to peace. In many respects, there was greater emphasis on ensuring peace for the national public

42. 35
than the guarantee of private peace, affecting women, for example, in society. (Mazurana,
Roberts & Parpart, 2005, pp.187-188) Transitional justice is described as a key pillar of
peacebuilding seeking to achieve a just and sustainable peace. (Selim & Murithi, 2011, pp.59-60)
I argue that involving the process of transitional justice can effectively deal with the barriers
created by the influence of the international community, focusing more on national benefit rather
than recognizing the issues plaguing former female fighters.
According to Lederach (1997), peacebuilding must occur at every level, including the
grassroots level. (pp. 38, 42) Sierra Leone indeed gained some insight into the importance of
women involved in civil society for purposes of peacebuilding and reconstruction by including
women’s movements in the process. In fact, several women’s organizations participated in the
perpetuation of peace, including the Women’s Movement for Peace and the Sierra Leone
Women’s Forum, among others. Women’s movement, for the purpose of this argument, can be
understood as: “organizations or groups who are working to ameliorate diverse aspects of the
gender subordination on the basis of sex” (Kerr, 2007, p.119). However, one major downfall
concerns the significance on democratic and governance achievement these groups focused on
rather than on the mandate to protect women’s rights.
The achievements undertaken in Sierra Leone toward peacebuilding have been numerous
and rather ambitious. The main components and international contributions to the peacebuilding
process within Sierra Leone include UN mechanisms such as the Peacebuilding Commission and
UNIOSIL. Both were attempts to promote human rights and a culture of peace, among other
objectives. (Curran, 2007, p.1061) Moreover, UNSCR 1235 was implemented to evaluate the
importance of gender perspective amidst UN peacebuilding and reconstruction efforts. The goal
was to increase the representation of women and to highly emphasize the importance of human

43. 36
rights. It also aimed to end impunity and to broaden the horizon on prosecuting those responsible
for gender-based crimes. The resolution suggested that gender perspectives be implemented in
programs such as DDR and reinforced the need to consult with women’s organizations in order
to raise importance of gender discourse in the post-conflict context. (Mazurana, Roberts &
Parpart, 2005: 16-17)
Nevertheless, women benefited very little from the Lomé Peace Accord that had initially
settled the conflict. The Accord also called for the establishment of the TRC in hopes of
addressing violations of basic human rights while also promoting human rights education
throughout Sierra Leone society. (Tejan-Cole, 2000, p.241) The TRC specifically stated that:
“Sierra Leoneans had a need to express and acknowledge suffering, a need to relate their
stories and experiences, a need to know who was behind the atrocities, a need to explain
and contextualize decisions and conduct…and a need to build accountability in order to
address impunity” (TRC, 2004, vol. 1&3). 12
Molloy (2004) suggests that the Lomé Peace accord was designed with interests based on
political power rather than with attention to the needs of women in the post-conflict
environment. (pp.16-19) As a result, where do female ex-combatants fit in peacebuilding
processes?
In Sierra Leone, peacebuilding should effectively focus on the structural prevention of
conflict. While it should be noted that the process could also be used toward operational
prevention, the latter is beyond the scope of gender equality and legal reform. The DDR process
was a sore attempt at recognizing female ex-combatants as being an important part of society and
transforming their combatant identities into ones of peace. Everatt & Jennings (2006) describe
12
See
Coulter,
2009,
p.
167

44. 37
the DDR program as ‘a complete mess’. In fact, only 7 percent of the ex-combatants who were
driven through the DDR process were female. (Curran, 2007, p.1063) The exclusionary nature of
the DDR approach toward female combatants created difficulty for peacebuilding and
reconstruction goals. (Patel et al, 2009, pp.18-19) The process has been criticized as being
gender-blind and lacking empowerment goals. (Currant, 2007, pp.1060-1061; Mackenzie, 2012,
pp.78-79) The program itself denied agency of women who were part of the conflict. As such, its
assumptions that women are simply either victims or were ‘left behind’ by other programs
implemented were purely based on their short-term approach. Evidently, this process ignored the
social construct surrounding roles of females in society and the ability to acknowledge that
female ex-combatants were indeed ‘soldiers’. (Mackenzie, 2012, p.87)
The goal was to target all women and understand their actions as combatants in achieving
social emancipation. Moreover, the DDR process focused on men who were involved as
combatants and categorized former female fighters as part of a ‘vulnerable group’. Evidently,
this did not offer them agency but rather imposed a gross disadvantage. (Mckay & Mazurana,
2004: 18)
For the DDR program to be effective, there is a critical need to understand both culture
and socially constructed gender relations. My argument stands in line with that of Gizelis (2009)
in that successful peacebuilding can truly be achieved through empowerment of women. (p.512)
Indeed, increasing the strength and agency of women within the peacebuilding process can help
in serving the post-conflict equality and recognition goals. However, in order to do this, gender-
sensitivity must be included as a prime component regarding the particular circumstances and
needs of female ex-combatants. (Mazurana & Carlson, 2004, p.26)

45. 38
2.4 LIBERIA & RWANDA: LESSONS FOR SIERRA LEONE
Liberia
The conflict in Liberia was inherently linked to the civil war in Sierra Leone, as it
suffered conflict between 1989 and 2003, creating barriers to reconstruction and establishment of
legal reforms. While Liberia has both presented some improvements and disadvantages within its
frameworks for reconstruction and peace with regard to former female combatants, I maintain
that its legal reform and gender equality transformation is an important lesson for Sierra Leone.
Since 2005, Liberia has aimed to rebuild the justice system in order to effectively cater to
women’s needs and more specifically, those of former female fighters. (Rehn & Sirleaf, 2002)
The Liberian TRC, for one, focused specifically on ‘vulnerable groups’. Nevertheless,
while the TRC emphasized the importance of national level truth telling and sharing of
experiences, other groups encouraged community involvement. (Jayne, 2009, pp.19-21) The role
of women’s organizations in Liberia effectively brought the country’s armed conflict to an end.
Furthermore, since the end of the conflict, women have been represented in various levels of
gender mainstreaming mandates. While the focus was not necessarily on formal legal reform, the
attempt of grassroots initiatives devoted importance to the inclusion of women. Within women’s
peace initiatives, the central factor was shifting the gender paradigm from victim to women
becoming agents of social change. (Sewell & Romanova, 2012, p.225)
The understanding in Liberia that placed the country above Sierra Leone on the Human
Development Index is that regional support and trust is achieved through collaboration with
women from other nations such as Sierra Leone and Guinea. (Sewell & Romanova, 2012, p.230)
In Sierra Leone, women were effectively treated as ‘legal minors’. (Coulter, 2009, p. 59) In order

46. 39
to change the gendered relations within a society that was prone to violent gender-based conflict,
it is important to ensure that women’s voices are heard. This was indeed the case in Liberia as
the movements and demonstrations attracted the attention of the international community.
(Romanova & Sewell, 2011 as cited in Cheldelin & Eliatamby, 2011, p.223)
The post-conflict state in Liberia immediately involved a balance between grassroots
initiatives and international efforts to restore equality and justice. The aftermath of a conflict
may be too late in attempting to integrate women’s efforts at the grassroots level for
peacebuilding. (Sorenson, 1998; Meintjes, Pillay & Turshen, 2002, pp.90-91) Thus, in
comparison to Sierra Leone 13
, Liberia took a fast approach toward rebuilding the rule of law and
reforming women’s legal rights. The access to justice for women was implemented through
various projects, including the Action Aid Program geared towards building the demand for
justice and increasing the access and supply for justice. (Action Aid, 2013) While this process did
not fully achieve the recognition of female ex-combatants in society, it certainly fulfilled a better
approach toward gender equality by emphasizing the importance of the rule of law and an
understanding of women’s rights in the Liberian post-conflict situation.
The situation in Liberia had improved due to the link between informal and formal justice
systems. Similar to Sierra Leone, Liberia also contains a customary law based structure in
society. However, Liberia focused on linking the two systems while encouraging community-
based legal empowerment to both provide access to justice and include an education on legal
rights. (Drew & Ramsbotham, 2012, pp.45-46)
13
Note:
The
comparative
study
between
Liberia,
Rwanda
and
Sierra
Leone
is
not
comprehensive.
I
argue
that
while
these
countries
have
similar
legal
structures,
Liberia
has
accomplished
more
inclusive
legal
reforms
and
peacebuilding
initiatives
while
Rwanda
has
accomplished
a
better
use
of
civil
society
with
regards
to
achieving
women’s
rights.
However,
it
is
important
to
note
that
all
continue
to
face
challenges
regarding
long-­‐term
sustainability.

47. 40
Rwanda
The use of an African feminist approach focuses on peacebuilding during formal goals of
reconstruction but also during the pre-settlement phase. (Sjoberg, 2009, pp.258-259) The
contribution of women to more informal peacebuilding processes and grassroots geared activism
have become more recognized. How can the formal peace process benefit from the efforts of
women at a grassroots leveled approach without critique from the top-to bottom approach?
Should gender justice be at the core of the peacebuilding process? (Sjoberg, 2009, p.259)
The peacebuilding process in Rwanda has been praised for its inclusion of women in
processes and gender-based perspectives. The genocide of 1994 comprised a violent conflict
between the ethnic groups in Rwanda, namely the Tutsis and Hutus following the assassination
of the Rwandan President. While many perished during the atrocities, there was heavy
recognition of the impact the genocide had on women. (UHRC, 2014) In fact, many officials
indeed stated that women’s participation in peacebuilding and governance was indeed crucial in
achieving long-term development and peace. (Sjoberg, 2009, p.265) Gacaca courts were
established as traditional systems to expose the truth about the genocide. Compared to Sierra
Leone’s male-centered discourse within the equality section of the Constitution, Rwanda
enshrines a commitment to gender equality while allocating 30 percent or posts in decision-
making positions for women. 14
This succeeded in recognizing and addressing gaps within the
parameters of women’s representation. (Banks, 2008, pp.1061-1064; Porter, 2007, p.177)
Rwanda has implemented gender mainstreaming within the judicial system, in order to
prove how traditional forms of peacebuilding can be combined with more formal approaches
14
Article
9
(4)
of
the
Constitution
of
the
Republic
of
Rwanda
and
its
Amendments
of
2
December
2003
and
of
8
December
2005
[],
4
June
2003

48. 41
regarding gender issues. The goal in Rwanda was to cooperate with the government and
progressive approaches. In fact, 32 women’s organizations were formed post-genocide in order
to promote social justice and recognize women’s rights. (Sjoberg, 2009, p.267) Furthermore,
women’s agencies in legal reforms have advanced the gender agenda; women in Rwanda have
successfully challenged the status quo and redefined their place within society. (Uwineza &
Brown, 2012 as cited in Cheldelin & Eliatamby, 2011, pp.153-155)
Nevertheless, while Rwanda proves to be a successful approach, it is far from perfect.
(Sjoberg, 2009, p.268) Women have succeeded in bridging the gap between private and public
spheres of peacebuilding and Rwanda has managed to shift the narratives shaping a normative
position with regard to women’s roles. (Uwineza & Brown, 2012 as cited in Cheldelin &
Eliatamby, 2011, pp.158-159) Moreover, the peculiar approach of both top down and bottom up
initiatives to gender and women’s rights led to a coherent form of transition and an
understanding of overlapping identities and particular roles. (Mazurana et al, 2005, p.234) The
challenges remaining for Rwanda include the increase of jurisdiction in what concerns Gacaca
courts and adequately fulfilling expectations set out by the government. (Senier, 2008, pp.72-74)

49. 42
CHAPTER 3: PROPOSAL FOR RECOGNITION
REINFORCING CURRENT CRITERIA TO ACHIEVE
FEMALE EX-COMBATANT RECOGNITION WITHIN
THE LAW AND PEACEBUILDING INITIATIVES
“PEOPLE ARE COMING TO LISTEN TO OUR STORIES…BUT WHAT ARE THEY
DOING FOR US IN THE FUTURE, WHAT WILL HELP US?” – ANONYMOUS 15
3.1 UNDP AND THE 8 POINT AGENDA
As was evaluated in previous chapters, the current situation in Sierra Leone still requires
more effective approaches in transitioning to long-term peace and effectively promoting the
recognition of female ex-combatants and their human rights within legislation.
There is an unfortunate gap within literature pertaining to the rights of former female
fighters. While the greater part of this research focused on the status and role of these combatants
during the conflict and peacebuilding as well as legal initiatives in the post-conflict era, I now
hope to contribute to the literature by expanding on recommendations framed by scholars with
regards to the reinforcement of such recognition. In order to do this, I use the 8 Point Agenda of
the UNDP (2014) relating to the ‘practical and positive outcomes for girls and women in crisis’
alongside other frameworks. The UNDP equates human rights and development as being
interlinked. The main argument is that a human rights based approach is the required tool for
achieving development in society. (UNDP, 2000) The following is a summary of the initiatives
promoted within this agenda: 16
15
Coulter,
2009,
p.166
16
See
the
website
for
an
executive
summary
of
each
initiative.
Refer
to
62
In
the
References
Section

50. 43
i. Stop violence against women
ii. Advance gender justice
iii. Expand women’s participation
iv. Involve women in peacebuilding processes
v. Promote gender equality
vi. Promote women as leaders
vii. Deliver women’s needs
viii. Develop capacities for social change 17
The international community has indeed identified law reform as one of the central
components for a successful post-conflict reconstruction and peacebuilding strategy.
(Sannerholm, 2007, p.78) While there is still much difficulty in strategizing the promotion of the
rule of law and legal reform toward peacebuilding, women’s rights need to take priority.
However, the issue lies with failing to link formal and informal justice systems. The comparative
study of Liberia proves that formal and informal law require working together toward creating a
gender equality paradigm. While many scholars criticize the use of customary law, it is in fact,
an important component for legal re-structuring. Below is an illustration of the correlation I aim
to prove:
17
Note
that
I
have
summarized
the
points
as
pertaining
to
the
goals
of
this
paper.
See
UNDP.
The
Eight
Point
Agenda
(2014)
for
the
comprehensive
list

51. 44
18
FIGURE 1.3
The parameters of the 8 Point Agenda discussed earlier clearly shows this potential. I
have strongly based my argument on the Agenda but focused on the use of criteria coupled with
other useful frameworks in achieving recognition for female ex-combatants specifically. Mani
(2000, pp.90-91) proposes that the goal of justice should comprise a legal, transformative and
distributive dimension. This approach provides a better strategy for linking justice, development
and peacebuilding. I agree with this view and argue that the legal reform I propose shall
encompass these dimensions through a gender-based lens.
Sierra Leone faces difficulty in recognizing women within the law and within society.
There is a clear lack of gender mainstreaming within legal and institutional frameworks.
Combining the 8 Point Agenda with civil society initiatives and a top to bottom institutional
influence could potentially lead to the recognition of rights and protection of this important
group. Of course, the 8 Point Agenda cannot work alone and demands tools to achieve gender
sensitivity. These tools are discussed and evaluated in correlation with the Agenda in the next
section of this chapter.
18
The
creation
of
a
sub-­‐section
in
the
Constitution
of
Sierra
Leone
purely
dedicated
to
the
rights
of
ex-­‐female
combatants,
built
on
the
8
point
Agenda
of
the
UNDP
can
effectively
establish
and
protect
women’s
rights,
specifically
those
of
this
important
sub-­‐group.
LEGAL
REFORM
FOR
WOMEN'S
RIGHTS
(female
ex-­‐
combatants
as
a
sub-­‐category)
UNDP
8
POINT
AGENDA
FOR
WOMEN
(geared
toward
female
ex-­‐
combatants)
ESTABLISHMENT
AND
PROTECTIONOF
WOMEN'S
RIGHTS
(specifically,
female
ex-­‐combatants)

52. 45
The understanding of women’s roles during the conflict and within post-conflict
reconstruction has improved but continues to face challenges, particularly due to lack of gender
analysis within normative and instrumental spheres. Furthermore, women’s agency and identity
during those phases has largely been misappropriated. It is paramount to understand the
experiences of female ex-combatants and the roles they played. Furthermore, it is important to
acknowledge their role in post-conflict reconstruction and peacebuilding goals. As such, I argue
that the 8 Point Agenda needs to work hand in hand with the four gender-sensitive tools
presented within Sjoberg’s (2010) arguments pertaining to the feminist analysis of gender justice
and peacebuilding.
3.2 FOUR GENDER-SENSITIVE TOOLS: AN AFRICAN FEMINIST
APPROACH
The first tool within this approach suggests that women in conflict play a variety of roles
and that certain myths within literature focusing on these roles through a basis of gender-
stereotyping obliterates women’s contribution while the entrenchment of a gender analysis.
Combatant women often have different needs, particularly within post-conflict situations.
Furthermore, regardless of their roles during the conflict, women are often described limited
traditional terms. Understanding the role differences and whether certain women benefitted from
conflict while others suffered is paramount in planning post-conflict reconstruction. (Sjoberg,
2010, pp.259-260) I argue that this approach correlates with advancing gender justice, which is
found under the UNDP’s 8 Point Agenda. The latter is based on the argument that laws to protect
women’s rights must be inherently included and enforced within legal frameworks. Furthermore,
women must also be aware of their rights and have access to justice. Lastly, it reiterates that

53. 46
custom or tradition among other beliefs should never serve to justify violence against women and
in a similar breadth, violation of women’s rights overall. (UNDP, 2014)
The second tool within the feminist framework suggests that gender and women’s issues
need to be taken into account during post-conflict reconstruction periods. It notes that
peacebuilding involves a variety of processes in order to transform relations and institutional
forms within society. The transition from gender subordination to gender emancipation is an
emphatic notion. The importance of gender mainstreaming is central to this particular analysis.
Within this context, it criticizes the African Union Post-Conflict Reconstruction Policy
Framework as lacking the focus of gender mainstreaming and failing to acknowledge and
recognize the gender-specific needs and experiences of both men and women during conflict. 19
(Sjoberg, 2010, pp.260-261) This approach is correlated with the promotion of gender equality
and delivering women’s needs as is shown within the UNDP Agenda. Including the rule of law is
a necessary asset in achieving this goal as its components, mainly the judiciary, law enforcement
and human rights, create a holistic approach toward supporting the development of a transparent
judicial system that seeks to respect human rights and serve society in a fair and just manner.
(Secretary General - UN, 2004, pp. 12-15)
The third gender-sensitive tool focuses on the usefulness of women’s movements in
connecting gender and peacebuilding. While it advocates for the use of these movements in order
to incorporate gender mainstreaming, it does bring up a disadvantage: African women’s groups
lack long-term strategies required to achieve such an important transformation. Nevertheless, one
of the strategies that has proved useful is that of networking and sharing common experiences,
which has eventually led to the reduction of gender-based and sexual violence against women: an
19
For
the
purpose
of
this
study,
note
that
I
highlight
the
emphasis
placed
on
women.

54. 47
issue that conflicts with gender roles and gender balance in post-conflict states. There is a need
for stronger women’s organizations in the aftermath of conflict, working alongside legal and
constitutional rights. (Meintjes, Pillay & Turshen, 2002, pp.54-56) These opportunities can
effectively offer inclusiveness and gender equality through legislative reform. (UNDP, 2014) As
Mazurana, Roberts & Parpart (2005) maintain, peace operations will not be successful until they
fully incorporate gender analysis into every aspect of their strategies and approaches. (p.45) The
coordination among women’s movements such as the Federation of African Women Peace
networks and also between the latter and international legislative tools, has led to a boost in
women’s involvement and participation. (Sjoberg, 2010, p.262) This approach is inherently
linked to the promotion of women as leaders and the participation of women within
peacebuilding processes, as portrayed in the 8 Point Agenda. (UNDP, 2014)
The last feminist based tool provides an evaluation of cultural sensitivity and gender-
mainstreaming approaches. Women’s rights have grown within the international legal sphere
over time to offer women fair entitlement and a fair assessment of rights. In fact, as was seen
throughout previous chapters, various legal tools have been conceptualized in order to cater to
women’s rights and affirm the importance of women within legislation. However, many of these
reform attempts remain rhetorical commitments. Women’s exclusion from peace and legal
frameworks remains the norm, particularly in Sierra Leone. (Sjoberg, 2010, pp.263-264) The
incorporation of a common international framework within national legal systems would give
constitutional priority over customary based approaches. However, these attempts shall also be
implemented with cultural sensitivity at the core. Furthermore, as Cahn (2005) argues,
integrating gender in the post-conflict process should specifically include: “(1) proceeding upon
the recognition that sustainable development requires gender equity; (2) recognizing women's

55. 48
rights to participate in all aspects of the transition; (3) developing laws that respect and foster
gender equity; and (4) implementing a justice component that ends impunity and ensures
accountability for crimes committed against women and girls during the conflict” (p.338).
Ultimately, it is my hope that these particular gender sensitive tools can work together
with the development of capacity for social change and with the 8 Point Agenda of the UNDP, in
complementing the legal systems currently in place to achieve the recognition of female ex-
combatants’ rights within both legislation and local level justice as well as at the core of
peacebuilding practices. (UNDP, 2014)

56. 49
CONCLUSION
RESULTS, FUTURE CHALLENGES AND
RECOMMENDATIONS
FINDINGS AND CHALLENGES
Is patriarchy the big picture? It is clear that Sierra Leone has come a long way in building
equality roots within legislation and peacebuilding initiatives. I have argued that further reform
can establish and protect women’s rights, specifically those of female ex-combatants within a
post-conflict framework. However, in order to achieve this goal, a further paradigm shift towards
including grassroots initiatives and transitional justice is required in order to address the
violation of human rights. The cases in Liberia and Rwanda demonstrate this potential.
Throughout the development of this paper, I have attempted to build a case in what
concerns the discrimination of women in Sierra Leone society and moreover, the lack of
recognition and respect for women’s rights. My findings in this project show that current legal
reforms and transitional justice mechanisms as well as peacebuilding initiatives have the
potential to incorporate provisions regarding female ex-combatants within their frameworks and
mandates. Based on this, I contend that Sierra Leone holds the necessary tools to achieve these
goals. The challenge, however, is in using these tools appropriately and applying strategies that
have been used in neighbouring countries dealing with post-conflict situations. Furthermore the
data gaps in studies, particularly that of the DDR programming limits understanding and
awareness of the effects on former female soldiers. Perhaps this approach could help in re-
organizing such programs to include all women and facilitate participation within community
development. In what concerns the legal structure, the challenge remains within the issue of

57. 50
interpretation and language. I maintain that language helps shape ideas and attitudes about a
particular group of people. Thus, we need to critically assess how the roles of women in conflict
shift within the post-conflict context in order to integrate policies geared toward female ex-
combatants.
RECOMMENDATIONS
The recommendations I have in what concerns the establishment and recognition of the
rights concerning female ex-combatants are as follows:
Link the UNDP’s 8 Point Agenda and Gender-Sensitive Tools to achieve gender justice
and promote women’s empowerment within institutional frameworks (UNDP, 2014)
Strengthen quantitative data relating to the DDR Program for more effective evaluation
of success – suggest to shift from macro to microanalysis and promote dialogue while
encouraging an address of cultural values and standards of society (Humphrey &
Weinstein, 2005)
Enable international institutions to endorse more specific agendas in order to address
the transformation of gender structures (Coulter, 2009; Mackenzie, 2012)
Strengthen the mandate of local development agencies and women’s movements in
order to empower women and provide support and recognition for former female fighters
(Bouta et al, 2005)
Engage existing traditional mechanisms within formal prospects in maintaining the
ideal of the rule of law and achieve gender equality and justice (Bouta et al, 2005) and
also to remove any cultural and legal barriers in place, limiting women’s exercise of
rights (Cahn, 2006)

58. 51
Promote holistic approach to transitional justice and ensuring gender justice is at the
core, exploring human rights violations and access to justice (International Center for
Transitional Justice)
Expand the definition of combatant to include the various roles of women during and
post-conflict (Mackenzie, 2012)
Enforce gender-sensitive legislation at the national level – encouraging gender-
sensitivity and informing women of their rights while guaranteeing non-discriminatory
access (Bouta et al, 2005)
Engendering the rule of law to provide justice and accountability for crimes committed
during the conflict and in recognizing and establishing the rights of former female
fighters in the post-conflict era (Bouta et al, 2005)
Promoting women as agents of change – focusing on women’s strengths during the war
rather than needs in order to empower women in post-conflict reconstruction designs
(Cheldelin & Eliatamby, 2011)
While establishing rights for women such as female ex-combatants within society is a
key implementation, we need never forget the overall goal: restoring peace in a country that has
suffered through years of violent destruction. Throughout this paper, I have shown that Sierra
Leone has improved the status of women through established reform but failed to take into
consideration the rights of former female fighters. However, in the end, establishing those rights
is not simply a matter of evolving reforms. The question of whether or not legal reforms and
peacebuilding initiatives can establish and protect the rights of former female fighters in Sierra
Leone has only one answer: “Justice for women takes more than new laws and funding.
Ultimately, we need new mindsets.” – UN Secretary-General Ban Ki-moon (UN Women, 2011)