The Battle After the War: Gender Discrimination in Property Rights and Post-Conflict Property Restitution

Title: 
The Battle After the War: Gender Discrimination in Property Rights and Post-Conflict Property Restitution
Journal Citation: 
36(2) YALE JOURNAL OF INTERNATIONAL LAW, 461-496 (2011)

This Note looks at barriers to women's property ownership in property restitution programs in transitional justice settings. It evaluates the existing international legal framework and considers Liberia, Rwanda, Mozambique, and Guatamala as case studies of transitional justice schemes. The author emphasizes that the existing international framework needs to more explicitly recognize the equal right to post-conflict property restitution through a stronger version of the Pinheiro Principles. Domestic governments and local lawmakers should use the transitional period to reform formal law and and eliminate discriminatory property provisions. Customary law should also be reconciled with these changes to the extent that it is also discriminatory, and formal law should step in with the recourse for women when discriminatory customary law cannot be reconciled. Finally, law reform should be supplemented with improved enforcement mechanisms, land redistribution programs, educational efforts to inform displaced women of their rights, and the inclusion of civil society and displaced women in the development of the transitional justice scheme.