IX. WHO SHOULD BE CONSULTED?
Depending on their precise scope and method, different consultation exercises will target particular groups of consultees. Generally, however, to be effective, national consultations should
involve all the key stakeholders, in one form or another.
In the first place, it is necessary to hear the voices of the victims and witnesses to the past patterns of abuse and oppression. As already observed, victims are sometimes identified by means
of a preliminary mapping exercise, usually carried out by experts with thorough local knowledge. In identifying victims to be consulted it is important to take account of the very many
ways in which conflict or repression has an impact on communities. It is not just the wounded
or bereaved who will have suffered. Other victims may include those who have been deprived
of humanitarian assistance or medical services, had their homes destroyed, lost their livelihoods
or been displaced. There is also a level of community-wide psychological scarring or traumatization that is sometimes overlooked. It is important to take account of the most marginalized or
neglected groups. Individuals and communities that are generally marginalized or discriminated
against are also likely to be victimized even more in times of turmoil. This was the case, for
instance, with the Roma during the conflicts in the former Yugoslavia and has been the experience of many indigenous groups in Latin America in recent years.
Women are sometimes disregarded when the voices of victims are sought. There are also situations where they were inadequately consulted. This was reportedly the case in South Africa and
led to the development of a “gender-neutral” statute for the Truth and Reconciliation Commission. In Timor-Leste it was only when women were eventually consulted that prosecutors began
to pay attention to the perpetration of sexual crimes during the occupation. In other instances,
women have been consulted by or in the presence of men, whereby they felt constrained to
express views they thought the men expected of them. Experience suggests that the consultation of women should be undertaken by women, without haste and with full respect for the
confidentiality of individual views. Consultations need to take particular account of the stigmatization that may be associated with having been subjected to sexual violence.
The characterization of women as victims should never, however, lead to their being considered
as passive or powerless. On the contrary, consultations should be predicated on the considerable extent to which women are the moulders, guardians and agents of change in their communities, taking into account the possibly evolved gender roles of women and men during conflict. Indeed, a well-designed process can draw attention to this role women play, enhance their
empowerment within their communities and challenge men to confront their own prejudices.
Another group of victims that has been overlooked in many transitional justice consultations is
children. Widespread traditional views of childhood across all regions of the world have resulted
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