Tool 7: Parliamentary Oversight of the Security Sector and Gender
actual or perceived non-heterosexual sexual orientation (for example, being lesbian, gay
or bisexual), or based upon how a person identifies and expresses their gender in terms of
appearance, mannerisms and behaviour.
A parliament that carries out effective oversight of the security sector to advance gender
equality addresses gender-based bias and discrimination by driving forward legislative and
policy reform, training for security sector personnel, the inclusion of more women in the
security sector, vetting to exclude perpetrators of sexual violence from the security sector
and improvements to judicial proceedings to address survivors’ and witnesses’ needs better
while acknowledging the special needs of various groups of women, men, girls and boys.
In addition, parliaments can serve as a forum to increase social awareness of the gendered
impacts of violence.
In the context of oversight of the security sector to advance gender equality, parliamentary
committees play a significant role in reviewing existing national laws with a view to ensuring
that discrimination on the basis of gender, sexual orientation or gender identity is strictly
prohibited, that national laws are in line with international human rights law and standards,
and that the legislative framework provides a sufficient basis to prevent, detect, investigate
and prosecute, without discrimination, various forms of GBV. For example, where domestic
violence laws do not apply to same-sex couples who live together, this renders LGBTI
individuals vulnerable. In reviewing laws concerning domestic violence, parliamentarians
can ensure that the law protects individuals who are not in a traditional heterosexual
marriage when they are victims of domestic violence.
Parliaments play a significant role in overseeing and legislating peace processes – a role
that is mentioned in the UN Security Council resolutions on Women, Peace and Security.
Regional bodies, including the European Union, NATO and the African Union, have also
developed strong frameworks around gender equality and women’s rights, emphasizing
the role of parliaments in building sustainable peace. For example, Article 42 of the 2013
African Union Framework on Security Sector Reform states that the African Union:
… advises Member States to encourage and support their legislatures to oversee the
work of the security sector. Additionally, [legislatures] will make and approve laws, rules
and regulations of the respective security sector institutions and mandate specialized
Committees to exercise oversight on behalf of the legislature and regularly report
thereto.6
OSCE Ministerial Council Decision No. 7/14 on preventing and combating violence against
women calls on all OSCE participating States, encompassing all relevant actors including
parliaments, to develop (among other things) comprehensive and co-ordinated national
policies aimed at combating all forms of violence against women.7
Armed conflict and its legacy raise particular challenges and potential opportunities for
gender-responsive parliamentary oversight (see Box 6). During reform of the justice sector
in the aftermath of a conflict, parliamentarians can ensure that GBV is included in the
mandate of truth commissions and special courts. The Croatian Parliament provides a good
example of what addressing GBV during conflict looks like. In 2015 Croatia adopted the
Homeland War Act, which prescribed support measures for women who were victims of
sexual violence in the wars of 1991–1995. This ground-breaking legislation made Croatia a
European leader in terms of legislation on sexual violence during conflict.8
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