Realizing the Right to Reparations for Girl Soldiers: A Child-Sensitive and Gendered Approach

Abstract

D. Allocation and Form A fourth major challenge in providing reparations is decide on allocation and form. As mentioned in the historical overview in Part I, reparations can take many forms: anything from money, scholarships, and monuments, the ordering of investigations and declaratory judgments. (159) In a victim-centric approach, victims would be consulted as the form of reparations in addition the method of allocation. The results of case studies and research can, nevertheless, help inform victims of the advantages and disadvantages of any given option. In addition, victims' desires must also be weighed against the interest of other victims or victim groups (including victims of victims, as addressed above). Where monetary resources are few, creative attempts achieve justice should also be considered. It may be that a day of remembrance or renaming a street can both provide victims with a sense of restored dignity and require minimal resources. Victims' desires should not, however, be assumed. In Argentina, one organization representing victims rejected the idea of reparations for the loss of family members, declaring in particular that economic reparations were a form of prostitution. (160) Similarly, land restitution may only be a good option where victims are able or willing resettle. In Bosnia and Herzegovina, the Commission for Real Property Claims of Displaced Persons and Refugees was established in 1995 as a partial response the regional conflict. (161) Politicians invested in the success of the Dayton Peace Agreement decided upon property restitution in lieu of compensation in order help undo the ethnic cleansing and recreate a multi-ethnic society. (162) Victims' voices were largely silent in these discussions, however, and in practice there was a strong bias against those who did not Local authorities are reported have denied restitution to those they deemed as having no intention return. (163) As these examples illustrate, victim consultation is important rendering effective the right reparation. In the girl soldier context there are a host of specific dilemmas involved in deciding upon the form and allocation of reparations for these victims. As illustrated, cash payouts can be confusing for former combatants, if interpreted as a reward for harming others. If the former combatants are still minors, parental guardians may legally maintain control of their assets and there is no guarantee that these will be used for the child's benefit. (164) Payments can also negatively impact family reintegration if child soldiers resist turning over the money parents, in violation of cultural expectations. (165) Laws in some countries may also prevent adult women from controlling their assets. (166) Even worse, payments for demobilization can incentivize children, sometimes under family pressure, join armed groups in the first place. (167) While rehabilitation programs are essential, (168) they may not go far enough explicitly recognize the individual rights violation. (169) This is particularly so where these same benefits are given former adult combatants. (170) Symbolic reparations involving individualized public recognition may also be problematic where victims of sexual violence or otherwise stigmatized former combatants may wish hide their status. Finally, as a triple-marginalized community--as women, children, and those formerly associated with armed forces--these girl soldier victims may find it nearly impossible have input in the process. Deciding upon the appropriate allocation method and form(s)--including the decision-making process--therefore, will be paramount effectively realizing girl soldiers' right reparations. E. Transformative Justice: A Child-Sensitive and Gendered Approach Finally, if we are take a child-sensitive and gendered approach, and conceive of reparations as not only a legal right, but also, as a tool for transformation, we face the additional challenge of how provide reparations in a manner leading a better overall situation for both these girls and future society as a whole. …