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

D. Allocation and Form A fourth major challenge in providing reparations is to 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, to the ordering of investigations and declaratory judgments. (159) In a victim-centric approach, victims would be consulted as to the form of reparations in addition to 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 to 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 to resettle. In Bosnia and Herzegovina, the Commission for Real Property Claims of Displaced Persons and Refugees was established in 1995 as a partial response to the regional conflict. (161) Politicians invested in the success of the Dayton Peace Agreement decided upon property restitution in lieu of compensation in order to 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 return. Local authorities are reported to have denied restitution "to those they deemed as having no intention to return." (163) As these examples illustrate, victim consultation is important to rendering effective the right to 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 to 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, to join armed groups in the first place. (167) While rehabilitation programs are essential, (168) they may not go far enough to explicitly recognize the individual rights violation. (169) This is particularly so where these same benefits are given to 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 to 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 to have input in the process. Deciding upon the appropriate allocation method and form(s)--including the decision-making process--therefore, will be paramount to effectively realizing girl soldiers' right to reparations. E. Transformative Justice: A Child-Sensitive and Gendered Approach Finally, if we are to 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 to provide reparations in a manner leading to a better overall situation for both these girls and future society as a whole. …