2011/ED/EFA/MRT/PI/15
Background paper prepared for the
Education for All Global Monitoring Report 2011
The hidden crisis: Armed conflict and education
The response of the international community to
sexual violence in conflict-affected states
Tom Dammers
2010
This paper was commissioned by the Education for All Global Monitoring Report as background
information to assist in drafting the 2011 report. It has not been edited by the team. The views and
opinions expressed in this paper are those of the author(s) and should not be attributed to the EFA
Global Monitoring Report or to UNESCO. The papers can be cited with the following reference:
“Paper commissioned for the EFA Global Monitoring Report 2011, The hidden crisis: Armed conflict
and education”. For further information, please contact [email protected].
1 The response of the international community
to sexual violence in conflict-affected states
Tom Dammers
September 2010
Contents
1. The scale of the humanitarian crisis as a result of systematic sexual violence
2. A critical overview of the response of the international community
Security Council Resolutions
UN actors responsible for protecting children from sexual violence
Other International Actors
3. How can the international community strengthen its response to tackle sexual violence
Stronger resolutions
Building capacity and strengthening the rule of law
Confronting the ‘normalization of rape’ and combating stigmatism through advocacy
campaigns
2 1. The scale of the humanitarian crisis as a result of systematic sexual violence
Between July 30th and August 2nd 2010, ‘at least 154 civilians were raped in 13 villages along
a 21-kilometre stretch of road’ in North Kivu, the Democratic Republic of Congo (DRC).1
MONUSCO (formerly MONUC), the UN Peacekeeping mission to the DRC, did not find out
about the incident until over a week after it had occurred. This highlights the inadequacies of
the current response of the international community to address sexual violence in conflictaffected areas.
This was by no means an isolated incident. According to the UN Population Fund (UNPF)
there were 9,000 reported cases of rape in North and South Kivu provinces in 2009.2
Furthermore, this figure certainly underestimates the scale of sexual violence in the DRC
because so many cases go unreported. Margot Wallstrom, the UN Special Representative to
the Secretary-General on sexual violence in armed conflict, has described the eastern part of
the DRC as ‘the rape capital of world.’3
However, widespread sexual violence in conflict-affected areas is not just a humanitarian
crisis in the DRC. The Special Representative of the Secretary-General for Children and
Armed Conflict currently identifies: Burundi, Central African Republic, Chad, Colombia,
Côte d'Ivoire, DRC, Haiti, Iraq, Somalia and Sudan as countries where sexual violence is
perpetrated by armed groups against children.4 Although the primary victims of sexual
violence are women and girls, it should not be underestimated that men and boys are also
targeted. A study published in the Journal of the American Medical Association estimated that
in The DRC nearly 40% of women and 23% of men were victims of sexually violence.5 In
Afghanistan it has been suggested that boys are more likely than girls to be victims of sexual
violence.6 This report focuses on sexual violence against children in conflict-affected areas.
However, as will become clear, drawing artificial lines around the problem of sexual violence
against children neglects adult victims who are vital in their role of protecting children, and
also deserve justice in their own right.
There are many factors that contribute towards levels of sexual violence reaching epidemic
proportions. Systematic sexual violence is a tactic used by armies and militia groups in many
conflict situations. It is designed to demonstrate power and dominance of the armed group
over the targeted community. Rape is carried out in front of family members to show their
weakness and inferiority. An Oxfam study of rape victims in South Kivu suggested that in as
many as 60% of incidents, women were victims of ‘gang rape.’7 This shows how militias
1
http://www.un.org/apps/news/story.asp?NewsID=35714&Cr=democratic&Cr1=congo http://www.un.org/apps/news/story.asp?NewsID=35714&Cr=democratic&Cr1=congo 3
http://www.guardian.co.uk/commentisfree/2010/aug/14/conflict-minerals-finance-gang-rape 4
http://www.un.org/children/conflict/english/conflicts.html 5
http://www.irinnews.org/Report.aspx?ReportId=90081 6
Watch List on Children and Armed Conflict, Setting the Right Priorities: Protecting Children affected by
Armed Conflict in Afghanistan (2010), p. 29.
http://www.watchlist.org/reports/pdf/Afghanistan%20Report%202010.pdf 7
Harvard Humanitarian Initiative and Oxfam International “Now, the world is without me”: an investigation of
sexual violence in eastern Democratic Republic of Congo (2010), p. 2.
http://www.oxfam.org.uk/resources/policy/conflict_disasters/downloads/rr_sexual_violence_drc_150410.pdf 2
3 deem sexual violence a legitimate group activity. ‘Sexual slavery’ is also common in the
DRC. One woman described how soldiers killed her husband and took her captive for four
years. ‘During this time, they raped me as routinely as one changes one’s clothes,’ she said.8
Although outbreaks of conflict seem to trigger epidemics of sexual violence, a worrying trend
is for high levels of sexual violence to persist in a post-conflict phase. In Liberia, where
fighting has ceased, rape remains the most common crime committed in the country.9 An
Oxfam report estimated that in The DRC, rape committed by armed combatants fell by 77%
between 2004 and 2008. However, during the same period rapes committed by civilians
increased alarmingly, by over 1700%!10 That means that 17 times as many rapes were
committed by civilians in 2008 compared to 2004. Oxfam described the phenomena of sexual
violence persisting in the post-conflict phase as the ‘normalization of rape.’11
But what accounts for the normalization of sexual violence in a conflict-affected society? In
some countries the law on sexual violence does not provide adequate protection for victims.
In Afghanistan, there is no law against rape resulting in the calamitous situation whereby
child rape victims have sometimes themselves been prosecuted for adultery.12 In the DRC
however, the government adopted a ‘progressive and far reaching’ law on sexual violence in
2006.13 Despite the improved legal apparatus to combat sexual violence, a climate of impunity
remains. In 2008 only 27 soldiers in North and South Kivu were convicted of committing
crimes of sexual violence.14 Countries such as the DRC face serious problems of weak law
and order infrastructures and high levels of corruption. Furthermore, high ranking military
commanders are rarely held accountable for their role in promoting sexual violence.
While reliable statistics on sexual violence in many conflict-affected areas may be hard to
obtain, its devastating effects on individuals, families and communities are clear to see.
Physical injuries and sexually transmitted diseases are frequently caused by sexual violence.
Gang rape increases the likelihood of HIV transmission.15 The social and psychological
effects of sexual violence can be particularly damaging. As well as the incredibly traumatic
ordeal of the experience itself, rape victims can become highly stigmatized in many societies.
8
Harvard Humanitarian Initiative and Oxfam International “Now, the world is without me”: an investigation of
sexual violence in eastern Democratic Republic of Congo (2010), p. 21. 9
UNIFEM, UN Action &DPKO Addressing conflict-related sexual violence: an analytical inventory of
peacekeeping practice (2010), p. 17.
http://www.unifem.org/attachments/products/Analytical_Inventory_of_Peacekeeping_Practice_online.pdf 10
Harvard Humanitarian Initiative and Oxfam International “Now, the world is without me”: an investigation of
sexual violence in eastern Democratic Republic of Congo (2010), p. 2. 11
Ibid. 12
Watch List on Children and Armed Conflict, Setting the Right Priorities: Protecting Children affected by
Armed Conflict in Afghanistan (2010), p. 30. 13
Human Rights Watch, Soldiers Who Rape, Commanders Who Condone (2009), p. 35.
http://www.hrw.org/en/reports/2009/07/16/soldiers-who-rape-commanders-who-condone 14
Ibid. p. 6. 15
Harvard Humanitarian Initiative and Oxfam International “Now, the world is without me”: an investigation of
sexual violence in eastern Democratic Republic of Congo (2010), p. 42. 4 Many women are rejected by their husbands and girls may be abandoned by their families,
putting them at even greater risk of further abuse.16
The impact of sexual violence on children can be particularly devastating. According to
Human Rights Watch, ‘Many girls drop out of school after rape, due to ill-health, trauma,
displacement, or stigma.’17 Furthermore, children born out of rape can be stigmatized by
communities as being the offspring of the enemy; they may be abandoned by their mothers.18
Systematic sexual violence, erupting as a result of violent conflict, but persisting in postconflict situations, is a humanitarian catastrophe that breaks down the social bonds holding
families and communities together. To combat this disaster, the rule of law and the rule of
social norms empowering women and delegitimizing rape must be established with the
assistance of the international community.
2. A critical overview of the response of the international community
Sexual violence is not an inevitable corollary to conflict. As Margot Wallstrom argues, ‘wartime sexual violence is a crime that can be commanded, condoned or condemned.’19 The
challenge for the international community is therefore to try to make sure that relevant
stakeholders, especially those in positions with the most political and military power are
mobilized to prevent sexual violence, rehabilitate victims and bring perpetrators to justice.
But how has the architecture of The UN responded to the humanitarian crisis of sexual
violence related to armed conflict? The 1949 Geneva conventions established rape as a war
crime. In 2002, The International Criminal Court (ICC) established that rape, sexual slavery
and any other comparable forms of sexual violence are ‘crimes against humanity.’ Since 1999
children and armed conflict has been an important thematic part of the agenda of The UN
Security Council.20 UN Action against sexual violence in conflict (UN Action) was launched
in March 2007 with the aim of using a more systematic UN-wide approach to end sexual
violence in conflict and post-conflict situations. UN Secretary-General, Ban Ki-Moon, stated
that: “In no other area is our collective failure to ensure effective protection for civilians more
apparent…than in terms of the masses of women and girls whose lives are destroyed each
year by sexual violence perpetrated in conflict.”21
16
Human Rights Watch, Soldiers Who Rape, Commanders Who Condone (2009), p. 6.
http://www.hrw.org/en/reports/2009/07/16/soldiers-who-rape-commanders-who-condone 17
Human Rights Watch, Soldiers Who Rape, Commanders Who Condone (2009), p. 16.
http://www.hrw.org/en/reports/2009/07/16/soldiers-who-rape-commanders-who-condone 18
Harvard Humanitarian Initiative and Oxfam International “Now, the world is without me”: an investigation of
sexual violence in eastern Democratic Republic of Congo (2010), p. 45.
http://www.oxfam.org.uk/resources/policy/conflict_disasters/downloads/rr_sexual_violence_drc_150410.pdf 19
http://stoprapenow.org/pdf/StatementofSRSGWallstromSecurityCouncilOpenMeeting27April2010.pdf 20
Security Council Report, Cross-Cutting Report: Children and armed conflict (2010), p. 3.
http://www.securitycouncilreport.org/atf/cf/%7B65BFCF9B-6D274E9C8CD3CF6E4FF96FF9%7D/XCutting%20CAC%202010.pdf 21
http://www.un.org/apps/news/story.asp?NewsID=24631&Cr=civilians&Cr1=conflict 5 This section firstly outlines the most important Security Council resolutions providing the
normative foundation of the UN system to combat sexual violence. Second, it considers how
successfully these resolutions have mandated effective action from different UN actors. Third,
it considers the role of other international actors and national governments. Finally it draws
conclusions as to the current weaknesses and inconsistencies in the response of the
international community.
Security Council Resolutions
There are two strands of thematic Security Council Resolutions that deal with sexual violence
and conflict. They are: women, peace and security; and children and armed conflict.
Women, peace and security
Resolution 1325 (2000) encouraged greater participation of women in peace processes. It
urged the Secretary-General to appoint more women as envoys and special representatives,
and to enhance the role of women in UN field operations. It called for a gender-based
perspective to be incorporated into peacekeeping operations. However, it was quite vague as
to its measures for tackling sexual violence. It called on ‘all parties to armed conflict to take
special measures to protect women and girls from gender-based violence, particularly rape
and other forms of sexual abuse.’22 It also emphasized the need for states to end impunity for
war crimes and crimes against humanity, including sexual violence.23 Finally, it invited the
Secretary-General to submit a report on women, peace and security.
The next major thematic resolution on women, peace and security did not come for another 8
years, despite the rather limited scope of 1325. Resolution 1820 (2008) recognized that
systematic sexual violence is a tactic used in war and identified it as a major threat to
international peace and security. It reiterated the need to end impunity for perpetrators of
sexual violence, as was the case in Resolution 1325. However, it went further by stating that
crimes of sexual violence should not be included in amnesty provisions in the context of
conflict resolution processes. It explicitly outlined for the first time that sexual violence was a
legitimate factor to consider when developing targeted sanctions towards particular parties to
a conflict. With regards to peacekeeping operations, 1820 called for the Secretary-General to
develop effective guidelines for protecting civilians from sexual violence. This was a much
more specific provision than resolution 1325, which called for a less clearly defined ‘genderbased perspective.’
Resolution 1888 (2009) strengthened efforts to protect women and children from sexual
violence. It created a new position of the Special Representative to the Secretary-General for
sexual violence in armed conflict. The primary mechanism for the new Special Representative
would be to operate through the inter-agency initiative ‘UN Action against Sexual Violence in
Armed Conflict’ (UN Action). Another major innovation was to give the Secretary-General
the power to: ‘deploy rapidly a team of experts to situations of particular concern with respect
to sexual violence in armed conflict.’ The team of experts would assist national governments
22
23
Security Council Resolution 1325, paragraph 10 Security Council Resolution 1325, paragraph 11 6 with building the capacity of their legal and judicial systems, as well as identifying gaps in
current responses in order to develop a ‘holistic national response.’ It also called for Security
Council field visits to pay greater attention to addressing sexual violence. Finally, it called for
the Secretary-General to continue to submit annual reports on the progress towards
implementing resolution 1820, the next of which is due in September 2010.
Resolution 1889 called upon all actors involved in peacebuilding processes to focus on the
needs of women and on female empowerment. It also called for cooperation between the
newly established Special Representative for sexual violence in armed conflict and the
Special Representative for children and armed conflict. The creation of a Special
Representative to the Secretary-General for Children and Armed Conflict was recommended
by the General Assembly in 1997 and appointed the same year. This leads us on to the other
main thematic pillar of Security Council Resolutions concerned with addressing sexual
violence: children and armed conflict.
Children and Armed Conflict
Resolution 1261 (1999) was the first thematic resolution on children and armed conflict.
Although Resolution 1261 and subsequent resolutions: 1314 (2000), 1379 (2001), 1460
(2003) and 1539 (2004) condemned sexual violence perpetrated against children, they offered
little in terms of concrete mechanisms to address it. Resolution 1612 (2005), the sixth
thematic resolution on children and armed conflict, marked the greatest step forward. It
established a monitoring mechanism by which the Secretary-General would focus on six
grave violations against children.24 One of the violations to be monitored is sexual violence
against children. It also established a Security Council working group on children and armed
conflict.
In order for a trigger to occur meaning that a party to a conflict would be ‘named and shamed’
in the annex of The Secretary-General’s report, the party had to be guilty of recruiting child
soldiers. Therefore recruitment of child soldiers was given priority over the other five
violations, including sexual violence against children. However, Resolution 1882 (2009)
expanded the list of triggers for naming and shaming to include: killing and maiming
children; and sexual violence against children. Groups that commit sexual violence against
children are now therefore eligible for targeted sanctions from the UN Security Council.
UN actors responsible for protecting children from sexual violence
The Secretary-General
The office of The Secretary-General produces an annual report on children and armed conflict
to monitor the six severe violations against children, including sexual violence, as mandated
by SC Resolution 1612. A crucial part of its monitoring capacity is two annexes that ‘name
and shame’ armed groups who are guilty of: recruiting child soldiers, killing or maiming
children, and committing sexual violence against children. Parties have to be guilty of at least
one of these violations to be named in an annex. The first annex deals with countries that are
24
Security Council Report, Cross-Cutting Report: Children and armed conflict (2010), p. 3. 7 on the Security Council’s agenda, while the second annex deals with countries that are not
formally part of its agenda. The Secretary-General also produces several country specific
reports on children and armed conflict each year.
A key feature of the annual and country specific reports is monitoring progress made towards
signing and implementing action plans. Action plans are signed between the UN and national
governments or between the UN and militia groups responsible for violations.
The UN Security Council
The UN Security Council has a number of subsidiary bodies and mechanisms that have a
mandate to combat conflict-related sexual violence against children. The working group on
children and armed conflict, established by Resolution 1612, holds bi-monthly meetings to
review the reports of the Secretary-General and to assess progress made towards
implementing action plans. From this, the working group makes recommendations to the
Security Council as to how peacekeeping mandates and actions towards armed groups can
best protect children. However, there are a number of other working groups with overlapping
mandates on sexual violence, that have the potential to place a greater emphasis on the issue.
These include the working groups on: conflict prevention in Africa, peacekeeping, sanctions,
and the peacebuilding commission.25
The Security Council itself has a monitoring and reporting function when it makes country
visits. The mission reports it produces now must take into account Resolution 1888, which
requires it to pay special attention to sexual violence when it visits areas of concern. The
report of the Security Council mission to the African Union; Rwanda and the DRC; and
Liberia (2009) demonstrated the policy shift of placing sexual violence higher on its agenda.
Several references were made to the problem of sexual violence in both the DRC and Liberia.
In terms of concrete measures recommended by the Security Council, it stated that the
government of the DRC should prosecute five of its senior army officers, who were accused
of crimes of sexual violence.26
However, a mission report by the Security Council on a follow up visit to the DRC in 2010
devoted significantly less attention to sexual violence. It noted that only 3 of the five FADRC
officers were facing trials, while two had absconded.27 Given that sexual violence remains
endemic in the DRC, the Security Council’s reporting will not be a credible vehicle to
pressurize governments and armed groups if it pays inconsistent attention to sexual violence.
This may send the message to national governments that tackling sexual violence is not really
a priority for the Security Council, despite the series of recent resolutions mandating it to be a
higher priority.
25
Centre for International Human Rights, Report on UNSC mechanisms and actions for the implementation of
1820 (2009), p. 2. http://www.stoprapenow.org/uploads/advocacyresources/1282164357.pdf 26
Report of the Security Council mission to the African Union; Rwanda and the Democratic Republic of the
Congo; and Liberia (2009), p. 20, recommendation (m) 27
Report of the Security Council mission to the Democratic Republic of the Congo (13 to 16 May 2010),
paragraph 25. 8 Special Representatives to the Secretary General
There are two key special representatives to the Secretary-General that have a vital role in
addressing conflict-related sexual violence against children. The Special Representative for
children and armed conflict, Radhika Coomaraswamy, has a mandate to help coordinate an
effective response from the numerous UN agencies with overlapping mandates for child
protection. She also has an advocacy role to make sure protecting the interests of children in
armed conflict remains high on the UN agenda. Country visits are an important part of this
approach in order to highlight the needs of children in conflict-affected areas.
The Special Representative on sexual violence in conflict is a relatively new position, created
by SC Resolution 1888 (2009). The Special Representative heads UN Action against sexual
violence in armed conflict (UN Action), which has launched the Stop Rape Now campaign.
UN Action defines its strategy as having three main pillars: country-level action involving
joint strategies with UN country teams and peacekeeping operations; advocacy; and ‘learning
by doing’ whereby a knowledge hub is developed in order to identify the most effective
practice by UN actors. 28
While UN Action is a relatively new innovation, it is clear that important lines of
communication between different UN actors are not being effectively utilized. In the incident
mentioned at the start of this report, the Special Representative did not find out about the mass
rapes until 10 days after UN Peacekeepers in the DRC were aware of the case, and three
weeks after it had actually happened.29 Given that coordination with peacekeepers is a vital
part of the mandate of UN Action, the current arrangement seems to exhibit some form of
systemic failing. The Secretary-General responded to these failings by dispatching the deputy
head of the department of peacekeeping operations to the DRC.30 However, to improve its
approach, UN Action must strengthen its preventative measures and lines of communications
with peacekeepers on the ground, rather than having to resort to reactive measures such as
this.
Peacekeeping Forces
UN peacekeeping missions are the frontline of the UN’s response to sexual violence in
conflict situations. For many years addressing sexual violence was largely ignored from the
mandates of peacekeeping missions. In their practice on the ground, they were sometimes
even perpetrators of sexual violence against civilians. SC Resolution 1925 (2010) renewing
the peacekeeping mandate in the DRC, is an example of the trend towards identifying the
protection of civilians from sexual violence as a key role for peacekeepers. It also states
clearly the Security Council’s zero tolerance approach to sexual abuse committed by
peacekeepers.
On the ground, peacekeeping operations have developed patrols to accompany women and
children on dangerous journeys where they are at risk of sexual violence, such as collecting
28
http://stoprapenow.org/about.html http://www.womensenews.org/print/8273 30
http://stoprapenow.org/pdf/statement_attributable_to_the_spokesperson_for_the_secretary.pdf 29
9 firewood and going to the market. UNIFEM, UN Action and the UN Department of
peacekeeping operations (DKPO) have jointly produced Addressing conflict-related sexual
violence: an analytical inventory of peacekeeping practice.31 This demonstrates intra-agency
cooperation to try to identify the most effective ways for peacekeepers to prevent sexual
violence.
Despite SC Resolution 1320 (2000) calling for greater participation of women in
peacekeeping services, currently only 2.3% of UN peacekeepers are women.32 A team of
experts on sexual violence, as made available by SC Resolution 1888 (2009), has not yet been
dispatched to the DRC.33 This is another example of the failure of peacekeeping operations to
respond to provisions mandated by a key resolution.
Other International Actors
Nation States
The United States, and Secretary of State Hilary Clinton, took a lead role in drafting SC
Resolution 1888 (2009) on sexual violence in armed conflict. This shows how powerful
nation states must keep sexual violence high on their policy agenda, if progress is to be made.
The United Kingdom assigned a minister responsible for coordinating the government’s
response to sexual violence.34 However since the change of UK government in May 2010, no
minister has been assigned this responsibility.35 It is too early to judge the commitment of the
new British government to tackling sexual violence. However, powerful nation states need to
devote consistent time and resources in line with the spirit of SC Resolution 1888, in order for
the response of the international community to be effective.
Policy on sexual violence cannot be addressed in isolation from other foreign policy interests.
The US financial reform bill of 2010 demonstrates how a government can use trade policy to
tackle factors causing sexual violence. US companies must now disclose whether they use
‘conflict minerals’ in their products, such as mobile phones. This is the first step towards
understanding the link between ‘conflict minerals’ and human rights abuses; the Secretary of
State and head of USAID will submit a report to congress at the end of 2010. Special
Representative to the Secretary-General on sexual violence in armed conflict, Margot
Wallstrom, has praised these measures and argued that other countries should follow the lead
of the US.36 However, it remains to be seen whether the US financial reform bill will be
effective in curbing the activities of armed groups. The initial stage of identifying the problem
needs to be translated into effective foreign policy measures that alter the behavior of
governments and armed groups.
31
UNIFEM, UN Action &DPKO Addressing conflict-related sexual violence: an analytical inventory of
peacekeeping practice (2010) 32
UNIFEM, UN Action &DPKO Addressing conflict-related sexual violence: an analytical inventory of
peacekeeping practice (2010), p. 9. 33
http://amnesty.org.uk/news_details.asp?NewsID=18968 34
http://www.fco.gov.uk/en/news/latest-news/?view=News&id=21855759 35
http://www.guardian.co.uk/world/2010/aug/27/protect-women-in-congo 36
http://www.guardian.co.uk/commentisfree/2010/aug/14/conflict-minerals-finance-gang-rape 10 The African Union
The African Union is a key international organization with a responsibility to tackle sexual
violence. The Protocol to the African Charter on Human and People’s Rights on the Rights of
Women in Africa (2003) declares a commitment to ending sexual violence within the
continent. However, there is little evidence of The AU seriously following up on these
commitments. Judging by its inaction, along with much of the international community, on
politically motivated sexual violence in Zimbabwe, the AU has a long way to go to make
addressing sexual violence a policy priority. This is especially important because many
contemporary conflicts and instances of political instability, such as in Zimbabwe and Kenya,
have led to dramatic upsurges in sexual violence. African Union peacekeepers have also
worked on the front line in areas rife with sexual violence, such as their mission to Darfur.
These missions therefore need to be responsive to addressing sexual violence.
The African Union has been resistant to cooperating with The International Criminal Court
arrest warrant for the President of Sudan, Omar Hassan al-Bashir. In 2009, he was charged
with five counts of crimes against humanity, including rape. The 30 African states signed up
to the ICC are obligated to arrest or surrender him if he enters their territory. However, heads
of state in the AU voted to agree not to cooperate with the court and let him travel freely
throughout the continent.37 In 2010 he was served with a further indictment for genocide by
the ICC. The AU responded by asking the UN to suspend the ICC arrest warrant for a period
of 12 months.38 Furthermore, many African countries that have signed up to the ICC statute
and therefore obligated to arrest him on their territory, have continued to invite and host him
in their countries. He has visited Chad39 and Kenya40 with impunity in 2010. This has sent a
clear message that the African Union promotes a climate of sovereign impunity while
tolerating, crimes against humanity, war crimes and genocide.
Conclusions – Inconsistencies of the UN Approach
The UN system has made some important advances to provide a normative foundation to
combat conflict-related sexual violence. The Security Council has given the issue serious
attention in recent years, with Resolution 1888 (2009) being a particularly promising
development. The Secretary-General now has the power to formally name and shame
perpetrators of sexual violence in his reports, while the Security Council has a mandate to use
targeted sanctions against them. However as shown by the continuation of rampant sexual
violence in many conflict-affected areas, such as the recent incidents in the DRC, the response
of the international community still requires a significant improvement. Before
recommending improvements to the international response in the final section of this paper,
37
http://www.reuters.com/article/idUSTRE56315820090704 http://www.bloomberg.com/news/2010-07-27/african-union-asks-united-nations-to-suspend-arrest-warrantsfor-al-bashir.html 39
http://www.amnesty.org/en/news-and-updates/chad-must-arrest-sudanese-president-omar-al-bashir-duringvisit-2010-07-21 40
http://www.amnesty.org/en/news-and-updates/kenya-refuses-arrest-sudanese-president-omar-al-bashir-201008-27 38
11 this section finally draws attention to a couple of inconsistencies in the response of the UN
system.
Contrast between the approach towards child soldiers and towards tackling sexual violence
The approach to dealing with armed groups who recruit child soldiers, may be instructive to
UN efforts to address sexual violence against children. SC Resolution 1612 (2005) made
recruitment of child soldiers a crime for which armed groups would be listed in the annex of
the Secretary-General’s report. In Côte d'Ivoire, action plans signed between the UN and
parties responsible for recruiting children in 2006, led to the release of child soldiers and
subsequent de-listing in the 2007 report. The United Nations operation in Côte d'Ivoire
(UNOCI), UNICEF and other members of the UN country team worked together to
implement and monitor the success of these action plans.41
In 2009, an action plan was signed to address sexual violence in Côte d'Ivoire. It is too early
to say whether this has been effective, but it is clear that the UN must maintain the same level
of targeted advocacy to combat sexual violence as it has done with the recruitment of child
soldiers. However, measures to address sexual violence require more far-reaching actions,
beyond negotiations with militia groups. This is because an elevated level of sexual violence
perpetrated by civilians is liable to be maintained in a post-conflict phase.
Relative lack of protection for women compared to children
This report has identified two thematic areas by which the UN system addresses sexual
violence: children and armed conflict; and sexual violence in conflict (UN Action). However,
a problem with pursuing an anti-sexual violence agenda from a child protection standpoint is
that it neglects that all individuals should be equally entitled to protection from sexual
violence. For example, an armed group that is guilty of systematic sexual violence against
women will not get listed in the annex of the Secretary-General’s report if there is insufficient
evidence that it has committed violations against children. But does this mean the UN is
sending a message that raping women in conflict situations is not also a war crime and a crime
against humanity?
This suggests that the institutional apparatus to protect women needs to be strengthened to
bring it into line with the apparatus designed to protect children. This point will be addressed
further in the final section. 3. How can the international community strengthen its response to tackle sexual
violence?
The final section of this report argues that the international community needs to act upon the
foundation set by Security Council Resolutions 1612 (2005), 1820 (2008) and 1888 (2009), in
particular. It identifies three areas where enhanced action is required: stronger resolutions and
41
Report of the Secretary-General on children and armed conflict in Côte d’Ivoire (2007), paragraph 21.
http://daccess-dds-ny.un.org/doc/UNDOC/GEN/N07/487/44/PDF/N0748744.pdf?OpenElement 12 monitoring mechanisms; building capacity and strengthening the rule of law; and confronting
the ‘normalization of rape’ by combating stigmatism through advocacy campaigns.
Stronger resolutions and monitoring mechanisms
The Secretary-General’s annual reports on children and armed conflict have a naming and
shaming mechanism for groups perpetrating sexual violence against children. The
introduction of this process in 2009 is encouraging, however, women and men are also
entitled to protection from sexual violence. A mechanism should be established whereby the
Secretary-General releases annual reports that name and shame armed groups who are
perpetrators of sexual violence. This would mark an improvement from solely approaching
sexual violence from a child protection angle. The office of the special representative to the
Secretary-General on children and armed conflict is responsible for tackling six grave
violations against children. There is a risk therefore that this approach does not facilitate a
comprehensive approach to dealing with sexual violence.
However, a high profile annual report naming and shaming perpetrators of sexual violence
could offer an effective mechanism to pressure governments and armed groups into
implementing action plans. It would include two annexes listing parties who are responsible
for perpetrating widespread sexual violence against civilians, not just children. It would also
ensure consistent follow up, whereby levels of advocacy are maintained (in contrast to the
inconsistency of such reporting mechanisms as Security Council mission reports). This would
need to be accompanied by improved reporting mechanisms on sexual violence, coordinated
by the Special Representative on sexual violence and armed conflict. Margot Wallstrom has
argued that, ‘the burden of proof in war-time should be on those who suggest rape is not
rampant.’42 Therefore as soon as outbreaks of conflict and civil unrest emerge, the UN
reporting mechanism should immediately look for evidence of sexual violence occurring. If
reporting is not improved then action will likely be delayed until situations become
particularly bad. This is too late for many victims.
The Security Council and the sanctions working group need to seriously consider using
targeted sanctions as a last resort for perpetrators of sexual violence. While it may take years
to build effective legal and institutional capacity to properly establish the rule of law in
conflict-affected states, the Security Council should, through its resolutions, place a greater
emphasis on command responsibility. Militia leaders that promote sexual violence and other
crimes against civilians should be ‘named and shamed’ on an individual basis.
Building capacity and strengthening the rule of law
UN Peacekeeping operations should take concrete measures to ensure greater participation by
female peacekeepers in areas afflicted by high levels of sexual violence. This may involve
DPKO setting a quota for female recruitment that is well above the current levels of
employment. Only 2.3% of current UN peacekeepers are female, despite SC Resolution 1325
42
Security Council Open Meeting on “Women, Peace and Security: Sexual Violence in Situations of Armed
Conflict” Statement by UN Special Representative of the Secretary-General, Margot Wallström
http://www.stoprapenow.org/uploads/advocacyresources/1282163350.pdf
13 (2000) calling for greater participation. An Indian all female Formed Police Unit (FPU)
operating as part of the UNMIL peacekeeping mission in Liberia offers a promising example
of how female peacekeepers have a ‘comparative advantage’ in dealing with sexual violence.
Women civilians are likely to be more comfortable engaging with female peacekeepers who
they feel are more sensitive to their needs.43
Furthermore, increased female participation in peacekeeping operations can have knock on
effects that help to empower women. The example set by the all-female FPU unit in Liberia
helped to promote the idea that security and law enforcement is also the job of women; the
number of applications to the Liberian National Police, increased three-fold as a result of their
presence.44 As peacekeeping operations will ultimately leave the country of their mission, it is
extremely important that their legacy promotes gender equality and zero tolerance to sexual
violence. This contrasts to perpetuating the norm of a male-dominated security sector that is
seen by many women as a threat to their personal security, rather than a source of protection.
This approach is likely to improve relations between peacekeeping operations and local
communities, meaning that peacekeepers can be more receptive to the changing needs of
civilians on the ground in different conflict situations.
It is important to note that addressing sexual violence is not just an issue for female
peacekeepers, but is a top priority for all peacekeepers. Increased female participation should
have a positive effect on challenging complacent attitudes of male colleagues. However, all
peacekeeping operations must maintain effective lines of communication with UN Action in
order to regularly update their working practices to respond to emerging challenges. The
example cited in the previous section of the office of the Special Representative on Sexual
violence in armed conflict not being informed of significant developments in the DRC
demonstrates a break down in intra-agency cooperation that must be remedied. One way to do
this is to appoint experts on sexual violence who are accountable for improving the practices
of the peacekeeping operation that they are assigned to. SC Resolution 1888 facilitated a team
of experts being dispatched to countries of severe concern. This has not yet happened for the
DRC and must be done so immediately. It must also be done for all other countries with
severe conflict-related sexual violence.
The culture of impunity for perpetrators of sexual violence is a major obstacle to tackling the
problem in conflict and post-conflict situations. Many victims of sexual violence live in
remote areas with virtually no access to legal redress. As building the infrastructure of
policing and judicial systems takes a considerable amount of time, temporary judicial
initiatives are often required to tackle impunity. In the DRC, the American Bar Association
rule of law initiative (ABA ROLI) has used mobile courts to deliver justice to victims in
remote areas. It has worked in partnership with Congolese doctors, lawyers, judges and
psychologists in order to combat the cultures of impunity and silence. The program has given
43
UNIFEM, UN Action &DPKO Addressing conflict-related sexual violence: an analytical inventory of
peacekeeping practice (2010), p. 9. 44
UNIFEM, UN Action &DPKO Addressing conflict-related sexual violence: an analytical inventory of
peacekeeping practice (2010), p. 29. 14 victims the opportunity to testify in public, which has helped to confront cultural norms
encouraging rape victims to stay silent.45
Although it is likely that many perpetrators will remain unpunished, this sort of program
sends them a message that the government is serious about tackling sexual violence and may
therefore have a deterrent effect. The program has also prosecuted corrupt law enforcement
officials who have assisted perpetrators of sexual violence for their own financial gain.46 This
once again sends an important message that the government is serious about improving the
rule of law and combating impunity. This paper recommends that temporary judicial
mechanisms, in partnership with local professionals, be considered for all countries where the
failure of law enforcement is fuelling sexual violence. Peacekeeping operations and UN
agencies on the ground should assist with such mechanisms to send a clear message that the
international community and national governments are serious about bringing perpetrators of
sexual violence to justice.
When international actors assist with security sector reform in post-conflict states they must
realize the tremendous opportunity they have to positively reshape military and police
attitudes and working practices towards sexual violence. Recruitment procedures should be
designed to vet applicants in order to prevent those guilty of sexual violence from entering
positions of responsibility. A special effort should be made to recruit more women into both
the army and police, involving quotas if necessary. Training for all police and soldiers should
involve raising awareness about the problem of sexual violence, and stating clearly a zero
tolerance policy on sexual abuse and corruption. Of course, for these messages to be credible,
governments must follow up their rhetoric by firing and prosecuting those that commit
abuses.
Confronting the ‘normalization of rape’ and combating stigmatism through advocacy
campaigns
A final area which the international community must address is strengthening its advocacy
mechanisms to confront the ‘normalization of rape.’ When fighting stops, sexual violence
often continues at extremely high levels. An alarming development in countries such as the
DRC is for sexual violence committed by civilians to increase dramatically as a result of
armed conflict.47 The response of the international community can at times depoliticize sexual
violence and treat it as simply a failure of law and order. This approach can be summed up
with the argument: ‘there are no cultures of rape, only cultures of impunity.’
However, the rule of law does not simply function on the deterrent effect of the criminal
justice system. Social norms that de-legitimize certain types of criminal behavior have an
extremely powerful effect on preventing crime. A problem with confronting sexual violence is
that rape victims often bare the primary stigma, and can be ostracized by their partners,
45
http://www.abanet.org/rol/news/news_drc_mobile_courts_strike_blow%20against_crimes_1109.shtml http://www.abanet.org/rol/news/news_drc_mobile_courts_strike_blow%20against_crimes_1109.shtml 47
Harvard Humanitarian Initiative and Oxfam International “Now, the world is without me”: an investigation of
sexual violence in eastern Democratic Republic of Congo (2010), p. 2. 46
15 families and communities. This means they often suffer in silence, not looking for the
assistance that need and allowing the perpetrator to not face up to their crime.
Arguing that a ‘culture of rape’ exists may unjustly criminalize an entire male population.
However, it is a fallacy to assume that deep-rooted patriarchal norms do not aggravate
conflict-related sexual violence. Societies that exhibit high levels of formal and informal
gender inequality are less likely to be able to act quickly and effectively to protect women
from sexual violence. Women who are largely confined to the private sphere and fulfill the
role being effectively the ‘property’ of their husband, often lack the social power to confront
the crime that has been committed against them. This shows how patriarchal social norms can
protect perpetrators by shielding them from censure.
Advocacy campaigns should promote the message that perpetrators of rape should be
stigmatized, not rape victims. Victims must be encouraged to feel they have done nothing
wrong and should bear no personal guilt. Critics may argue that social attitudes are extremely
difficult to change, but UN Action clearly feels that changing attitudes is a desirable goal as
indicated by its Stop Rape Now campaign. The Special Representative for sexual violence in
armed conflict has made a good start in her advocacy efforts to draw media attention to the
often neglected subject of sexual violence. However, grass roots initiatives to change the
attitudes of men and women, often living in remote areas, need to be strengthened under the
guidance of UN Action.
A further advocacy strategy that could be employed more rigorously by UN Action is to
identify important political, religious, community leaders in countries rife with sexual
violence. Working in partnership with these leaders, who have various degrees of moral
standing in different communities could help to legitimize anti-rape norms. The battle against
sexual violence is, in part, a battle of information. Improving laws and infrastructure will not
be enough if victims, as a result of social stigma, still feel unable to confront what has
happened to them. As shown by public health campaigns against HIV/AIDS, individuals with
considerable political moral standing have the power to shape attitudes. Those who are not on
board with advocacy messages can set back the prospects for social change and breed
complacency. When engaging these key stakeholders it must be emphasized that they have a
collective responsibility to help tackle sexual violence. They must be encouraged that their
active involvement in public campaigns can contribute to positive social change.
Public education offers a vital means of shaping attitudes. Unfortunately public school
systems in many Central and West African countries often perpetuate chauvinistic role
models and degrading treatment of girls and women. In the DRC, 46% of girls claimed to
have been victims of sexual abuse by teachers or staff in their school. 48 Clearly sexual
violence runs far deeper than simply being a problem associated with armed conflict. School
systems should be beacons of promoting equality and positive social change. UNICEF,
UNESCO and other international actors involved in helping states rebuild and develop
48
UNICEF et. al, Too often Silence report: a report on school-based violence in West and Central Africa, p. 23.
http://plan-international.org/about-plan/resources/publications/campaigns/too-often-in-silence-a-report-onschool-based-violence-in-west-and-central-africa 16 education systems need to pay serious attention to sexual violence. It should be integrated into
the curriculum of all states in order to help students think critically about gendered
stereotypes and the subordination of women. Sexual violence is clearly a public issue that
should be rightfully confronted in public. Relegating it to the private sphere perpetuates
impunity, stigma and most of all sexual violence itself.