Intersectionality: A Feminist Theory for Transitional Justice

Abstract

Transitional justice is understood as a mechanism for enabling politically conflicted societies to institutionalise universal principles of equality and human rights as embedded in liberal democratic processes of state building and regime reform. Feminist intersectionality theory enables critical analysis of the application of these principles in concrete practice. It poses useful theoretical and empirical questions for explaining gendered dimensions of transitions particularly in cultures that are described as ‘deeply divided’. The adaptation of social theories, from one context for application to another, calls for critical caution. From the perspective of post 1989 German reunification, Knapp (2011) argues that social theories should be viewed as intrinsic cultural practices which are shaped and charged by the historical contexts of their articulation. In her analysis and context, for instance, ‘race’ is a particularly problematic theoretical concept. Based on the German historical experience, Knapp’s argument is instructive for understanding what is involved in ‘local’ adaptations of ‘international’ feminist theories or legal principles. This paper explores these questions in relation to the absence of women from peace negotiations and the silence in negotiations on matters to do with women’s day-to-day lives. Northern Ireland’s 1998 Agreement is the political and textual site for adapting intersectional analysis. In this polity ‘sect’ becomes an insightful as well as problematic theoretical category. The central argument is that a conceptualization of gender that intersects with other structural dimensions of inequality and discrimination aids understanding the legal and social challenges posed by transitional justice.