Binary Justice and Gendered Silences: A Social Constructivist Critique of Sexual and Gender-Based Violence in Select African Truth Commissions

Abstract The frequent occurrence of conflict-related sexual violence (CRSV) in recent conflicts and the associated long-lasting trauma and physical health issues have increased advocacy efforts and put pressure on transitional justice mechanisms to respond effectively. Among these, truth commissions have emerged as a key institution in postconflict societies, increasingly adopting gender-sensitive methodologies, data types and institutional responses to address CRSV. However, despite these advancements, heteronormativity – particularly cis-genderism and enforced heterosexuality – continues to influence institutional narratives about what is recognized and sidelined concerning gender, violence and victimhood. This article examines four African truth commissions – Sierra Leone (2004), Kenya (2013), Tunisia (2019) and The Gambia (2021) – that explicitly prioritized sexual and gender-based violence (SGBV). Using a social constructivist discourse analysis, the study reveals how these commissions, while progressive in intent, often reproduce colonially entrenched binary gender models that marginalize men and sexual and gender minorities. Guided by theories of the coloniality of power and gender, the article critiques epistemic hierarchies in transitional justice and highlights the interconnectedness of gender, sexuality, armed conflict and postconflict transition.