Combating Rape as a Weapon of War
Client: UNIFEM
Practicum in International Affairs
Spring 2009
Graduate Program in International Affairs- The New School
Alisha Bhanji
Jihane Ben Khedher
Haruka Ishii
Mayuri Saxena
Karin Smith
Nicole Weitzner
Supervisor- Ambassador Rafat Mahdi
TABLE OF CONTENTS
I.Introduction 3
II.Background 4
2.1 Bosnia and Herzegovina 4
2.2 Angola 4
2.3 Rwanda 5
2.4 Democratic Republic of Congo 5
2.5 Liberia 5
2.6 Sudan 6
III.Recommendations 7
3.1 Prevention Recommendations Specific to Clauses 7
3.1.1 Sexual violence training among general population 7
3.1.2 Judicial reforms 8
3.1.3 Disarmament, Demobilization, Rehabilitation and
Reintegration (DDRR) 10
3.1.4 Victim Services 10
3.1.5 Monitoring and Evaluation 11
3.2 Prevention recommendations Not Specific to Clauses 12
3.2.1 Increased Communication between watchdog groups 12
3.2.2 New gender agency 12
3.2.3 Increased awareness 13
3.2.4 Sensitizing males about empowering women 13
3.3 Protection Recommendations Specific to Clauses 14
3.3.1 Country-Specific UN Special Rapporteur on Sexual Violence
during Conflict 14
3.3.2 Police Reforms 14
3.3.3 Collaboration between UN agencies 15
3.3.4 Women’s Protection Unit within UNDPKO 16
3.4 Protection Recommendations not Specific to Clauses 17
3.4.1. Rapid Intervention 17
3.4.2 Early Warning System 17
3.4.3 Modification of UNDPKO Mandate 18
3.4.4 Ceasefire Monitoring 18
3.5 Participation Recommendations Specific to Clauses 18
3.5.1 Increased Women’s Participation 19
3.5.1.1 Government 19
3.5.1.2 Peace Process 20
IV. Conclusion 21
- Introduction
Although rape and sexual violence during armed conflict is not a new phenomenon, until recently the international community had not demonstrated a clear desire to address the problem, and very few measures had been taken to address sexual violence committed on a massive level against womenduring armed conflict. A turning point came in the early 1990s when the world’s attention focused upon the sexual atrocities committed during the conflict in the former Yugoslavia, and the issue finally emerged as a serious item on the international community’s agenda and an issue that the United Nations Security Council realized it must take up among its other priorities. It was not until 31 October 2000, that the Security Council unanimously passed Resolution 1325, which specifically addresses the disproportionate impact of war on women and the importance of women's contributions to conflict resolution and sustainable peace for the first time.
Eight years on, with sexual violence still part of many conflicts, the Security Council passed Resolution 1820 on 19 June 2008 , demanding that all participants in armed conflicts around the world stop using violence against women as a tactic of war and take much tougher steps to protect women and girls from such attacks. In Resolution 1820, 15 Council members acknowledged that women and girls are consistently targeted during conflicts “as a tactic of war to humiliate, dominate, instillfear in, disperse and/or forcibly relocate civilian members of a community or ethnic group.” The resolution also noted that “rape and other forms of sexual violence can constitute war crimes, crimes against humanity or a constitutive act with respect to genocide.” It further stated that the effect of sexual violence is to prolong or deepen conflicts and to exacerbate already dire security and humanitarian conditions, particularly when the perpetrators of violent crimes against women go unpunished for their actions. Importantly, Resolution 1820 demanded that all parties to armed conflicts take immediate and appropriate measures to protect civiliansby enforcing appropriate military disciplinary measures, upholding the principle of command responsibility; training troops on the categorical prohibition of all forms of sexual violence against civilians; debunking myths that fuel sexual violence; and vetting armed and security forces to take into account past sexual violence.
Furthermore, the text made several key requests of the Secretary-General, including the requirement that he submit a report on the implementation of the resolution by 30 June 2009 that would include, among other things, information on conflict situations in which sexual violence has been systematically employed against civilians and proposals aimed at minimizing the susceptibility of women and girls to such violence.It also requested that he develop effective guidelines and strategies to enhance the ability of relevant United Nations peacekeeping operations to protect civilians, including women and girls, from all forms of sexual violence.
The purpose of this project is to support our client UNIFEM by providing recommendations and innovative strategies on what should be done differently to protect women and girls around the globe from the threat of rape and other types of sexual violence in conflicts and to effectively prevent the occurrence of such atrocities. Our recommendations are designed to overcome the weaknesses of measures that have previously been taken by the UN Security Council and the International Community and address the need forclear policies, effective actions andefficient coordination, all of which are currently lacking with regards to this issue. The UN Security Council’s mandate is another extremely critical corner of our recommendations to which special attention has been paid and specific revisions recommended.
Our recommendations are drawn from four months of extensive research involving case studies of systematic rape and sexual violence against women and girls in conflicts that occurred in Rwanda, Bosnia and Herzegovina, Angola, the Democratic Republic of Congo (DRC), Sudan and Liberia. In addition to the case studies, research was also performed on women’s security in each country as relates to the response to those who suffer sexual violence by the judicial system, health sector, security system and community. All of these areas were looked at in terms of their relation to the status of women and their participation level/engagement in decision-making roles, especially with regards to the roles they occupied in relation to peace negotiations and agreements.
- Background
2.1 Bosnia and Herzegovina
In 1991, as Serbia and Croatia declared independence from what is now the Former Yugoslavia, a brutal war erupted between three ethnically and religiously different groups in the region. Orthodox Christian Serbs, Catholic Croats and Albanian Muslims fought a vicious war that quickly turned deadly for the Muslim population. Once the Serbs gained control of the conflict, mass executions were carried out against Non-Serbs. Due to a limited response from the international community, an “ethnic cleansing” of Bosnian Muslims was able to take place. Mass killings as well as sexual violence on an enormous scale ravished the region until NATO, the United Nations and other international organizations were forced to enter the region in order to put a halt to the violence. Ultimately, 20,000 Muslims had been systematically murdered, 20,000 were missing and feared dead and 2,000,000 refugees were left to fend for themselves. Additionally, over 20,000 women had been raped by Bosnian Serb soldiers in premeditated rape camps and in random acts. Though the Dayton Accords were signed in 1995 the effects of the conflict and specifically the massive and systematic sexual violence still remain strong in the region.[1]
2.2 Angola
Civil War in Angola has gone uninterrupted since 1975. After enduring a painful history as a Portuguese colony, it is not surprising that the hopes of a smooth transition from European to African control never materialized. Numerous warring groups, all backed by different Western powers, have never been able to come to an agreement regarding control of the region. Today, numerous political groups in multiple countries are involved in a bitter dispute. One of the external powers caught in this battle is the DRC. The border region between Angola and the DRC is extremely hostile, putting migrant workers at extreme danger. In recent years, international groups have reported the rape of Congolese migrant workers by Angolan soldiers on a massive scale.[2]
2.3 Rwanda
The deadly conflict between Hutu and Tutsi in Rwanda attracted international attention when powerful outside countries were slow to act, and a brutal genocide ensued. Following independence from European colonial rule, tension among ethnic groups arose. A conflict heightened by the killing of both the Rwandan and the Burundian president eventually led to the massacre of approximately 1 million Tutsis, Tutsi supporters and others involved in the country’s pro-democracy movement. Along with mass executions, women and children were victims of widespread and brutal sexual violence. They were taken to rape camps, held as sexual slaves, and many bore children after being raped. Though the conflict ended in 1994 with the overthrow of the military by the RPF, the Rwandan Patriotic Front, political instability and daily reminders of the sexual violence persist in the country and continue to present a very serious roadblock to democracy.[3]
2.4 Democratic Republic of Congo
After decades of colonial rule, the DRC’s 1960 independence from Belgium resulted in a thirty-year brutal dictatorship, which eventually drove the country to civil war. As in Rwanda, continued interference from neighboring countries only escalated the conflict. In 1998, with the expulsion of Rwanda and Ugandan troops and action from Zimbabwe, Angola and Namibia, the civil war exploded to a whole new level in DRC. The war continued until 2002, when a peace agreement between all the involved parties was signed. Yet despite the peace agreement and the drafting of a transitional Constitution, fighting has continued unabated. Since the outbreak of war in 1998, it is estimated that more than 5 million people have died, over 1 million have been displaced, and close to 322,000 have sought refuge in neighboring countries.[4] Sexual violence was widely used as a war tactic in the DRC, especially in South Kivu, where 27,000 rapes were documented in 2006 alone.[5]
2.5 Liberia
The recent conflict in Liberia has its origins in opposition to government policies and ethnic tensions that surfaced in the early 1980s, during a coup to overthrow President William Tolbertled by army master Samuel Doe. Among the actions Doe took during the coup was to suspend the constitution. From 1989 to 1996, Liberia endured the first part of the Civil War, which was waged amongst seven different factions. The Abuja Peace Agreements of September 1995 brought all of the factions together, yet the fighting continued. Charles Taylor then became President in 1997, and the Civil War continued for another six years, until 2003, when warring factions signed the Comprehensive Peace Agreement at a Peace Summit in Ghana. Soon after, UN peacekeeping troops entered the country, and in 2005, Ellen Johnson Sirleaf became the first female President of an African nation. Charles Taylor’s trial at The Hague began in April of 2007.[6] During the conflict, many women were abducted, gang-raped and forced into “survival sex” as sex slaves. It has been estimated that three out of four women in Liberia were raped or sexually violated as a direct result of the conflict.[7]
2.6 Sudan
In 1956, Sudan was granted independence from Egypt and the United Kingdom. The transition from colonial rule was as rocky as in many other African nations, and Civil War erupted soon after. Although the first Civil war ended in 1972, chaos returned in 1983. In the second wave of violence, it is estimated that more than 4 million people were displaced and 2 million people were killed.[8] In 2003, violence broke out in the Darfur region of Sudan. Tensions between the military and various ethnic groups in the region resulted in the subsequent deaths of 200,000 people and the displacement of millions more. In Darfur alone, 2.74 million people have been directed affected by the conflict and an estimated 60% of those victims are women and children.[9] Once more, sexual violence was used as a war tactic in Sudan. Women in IDP camps were especially vulnerable. For example, in Sudan’s largest IDP camp, Kalma, over 200 women were raped in 2006.[10]
- Recommendations
Our team has assembled the following recommendations after reviewing numerous case studies and conducting additional research. All of the recommendations are directly connected to UN Security Council Resolutions 1325 and 1820.
3.1On Prevention
3.1.1In accordance with Resolution 1325 clauses 7 and 15 and Resolution
1820 clause 10:
- Sexual Violence Training amongst General Population
- UNIFEM should address gender-related social norms globally, but especially in countries where women hold a much lower status than men.
- UNIFEM should continue to consult with, train and fund local NGOs to use international law instruments as advocacy tools and to conduct awareness-raising with local population on gender issues and national laws on sexual violence and gender discrimination.
- UNIFEM should work extensively to develop a close relationship with local women, both those who have been sexually assaulted and those who have not been, and to establish informal communications to gain their trust, so they will feel comfortable talking about intimate issues of rape and sexual violence.
- UNIFEM’s should first deliver its message to women and men regarded by others within their communities as strong leaders, who in turn will spread the message.
Sexual violence training amongst general populations is necessary as a measure to prevent societies from further marginalizing women who have been raped. In Liberia, as in many countries around the world, rape victims are stigmatized. As aresult of being stigmatized, women who experience rape during conflict often are left to fend for themselves and do not receive the services they need in order to recover from the trauma and reintegrate into society. For example, the UN Special Rapporteur on Violence Against Women to Bosnia and Herzegovina declared the situation a “silent emergency, as women who were raped during the conflict were rarely given adequate support.[11]
On a positive note, sexual violence training is widely being conducted on a grassroots level. Notably, the Associated des Femmes du Kivu (UWAKI) held a workshop in the DRC for 90 women from Burundi, the DRC, Kenya and Rwanda to exchange ideas on how to work towards having more women involved in decision-making.[12] Similarly, the Sudanese Women’s Voice for Peace, the New Sudan Women’s Movement Federation and the New Sudan Women’s Association haveworked to increase the level of awareness around the world about the conflict in Sudan.[13]
3.1.2In accordance with Resolution 1325 clauses 9 and 11 and Resolution 1820 clause 4:
- Judicial Reforms
- The international community should continue pressuring states to reform laws on gender equality and to abolish laws that are gender-discriminatory.
- The international community should pressure states to establish a universal categorization of crimes during conflict.
- The international community should urge states to adhere to international law standards on issues of gender discrimination and human rights violations.
- The international community should push states to institute vetting of perpetrators throughout state institutions.
- The international community should encourage states to allocate more of their national budgets to their judiciaries.
- The international community should urge states to address rape and other crimes of sexual violence as most severe and to establish National Human Rights Commissions where they do not exist to investigate all claims or suspicions of sexual violence.
- The international community should try to convince states that rape crimes during conflict should be addressed as a priority because victims are personally affected both physically and mentally compared to others who lost their loved ones, and will therefore not be able to continue to contribute to their communities.
- The international community should pressure states to expedite trials regarding cases of sexual violence.
- The international community should urge states to offer protection for women testifying in court and witnesses (i.e. private hearings, in camera or written statements, collective lawsuits/testimonies).
- States should offer post-trial protection for women through special security measures and compensation.
The above recommendations are based on the past failures of domestic and international court systems to effectively prosecute rape perpetrators in an appropriate timeframe or to prosecute them at all. In Rwanda, women were raped on a massive scale during the 1994 genocide. The International Tribunal Court in Rwanda was later established to address the war crimes that took place, including systematic rape. However, the speed at which the perpetrators were tried was excruciatingly slow; only 6,000 out of the 120,000 detainees were tried within five years.[14] Similarly, in Liberia, the short supply of lawyers, judge and the lack of infrastructure had resulted in only one prosecution of a rape crime as of 2007. Liberian women have also bore the burden of proof and financial costs of trials.[15]
Even in countries that have functioning judicial systems, other factors function as obstacles to prosecuting perpetrators. For example, the definition of rape is often contested. In many countries, the definition of rape excludes acts of mutilation, sexual assault with objects, and other forms of sexual penetration. Local police can also hinder the prosecution of rape perpetrators when they dismiss rape complaints filed by women. For instance, in West Darfur, 18 out of 39 complaints lodged against local police officers that allegedly raped local women were ignored. Further, in South Darfur, 27 complaints were filed and 13 complainants were turned away without any consideration.[16] Religious laws and cultural norms present another challenge to justice in many countries. In Sudan, Shari’a Law requires women to present four competent male witnesses to the rape, which is almost always impossible. Additionally, women may be charged as adulterers if they cannot present sufficient evidence and may be stoned to death As a consequence.[17]
Despite these setbacks, lessons have been learned in some cases. In the DRC, the penal code introduced Article 169, which states that when rape is perpetrated during a general or systematic attack against the republic or the civilian population (which effectively means that individual cases of rape or one-off cases of sexual slavery are not punishable by this code), sexual slavery, forced pregnancy, forced sterilization or any other sexual violence of comparable gravity are considered crimes against humanity and punishable by death.[18] Additionally, the DRC has applied the Rome Statue in military tribunals, which allows for punishment of sexual violence during conflict as a war crime. In Sudan, a National Action Plan was launched by the Ministry of Justice to combat violence against women and children.[19] National Human Rights Commissions have been successful in contexts where the justice system is weak, for example in Rwanda, Indonesia and Rwanda.[20]
The establishment of the Rwandan Gacaca courts, which are community courts that deal with less serious crimes, has allowed the higher courts to deal with more serious crimes, such as rape, much faster.[21] Finally, an establishment of the International Criminal Tribunal for the Former Yugoslavia and subsequent indictments of leaders that oversaw rape camps in Bosnia, such as the Susica Rape Camp, has brought justice to many victims.[22]