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Mercy Global Concern - 2004
Summary of meeting held at the UN-Women at the Peace Table - End of January 2004
Rape as a Weapon of War - It still happens!
On December 18th, 1979, the U.N. General Assembly adopted the
Convention on the Elimination of All Forms of Discrimination Against
Women (also known as CEDAW). It was clearly a historic occasion.
The U.N. declaration on the subject of the elimination of violence
against women defines violence as any act that is "likely
to result in physical, sexual or psychological harm or suffering
to women... whether occurring in public or private life." No
man can be unaware of the prevalence of wife-battering, martial
rape, and the sexual abuse of girls, but the spelling out of the
incidence of violence has to distressing and disturbing.
Assuming that the demands in the declaration against violence
are a form of customary international law and thereby binding on
all governments, is there any hope that centuries-old abuses will
be corrected? The basic assumption is that the globalization of
the rights of women and girls not to be subjected to violence reminds
men everywhere of the shameful aspect of their violence and that
the "mobilization of shame" will hopefully have an
impact in altering human conduct.
Violence against women in conflict is one of history's great
silences and sadly it continues today. The war in the Congo, estimated
to have killed three million people and involving armies from seven
different countries is coming to an end. But, as United Nations
troops move into areas previously ravaged by war, the true horror
of what was wrought on the population is now emerging. There is
nothing unprecedented about rape during wartime. According to Susan
Brownmiller, women are raped in war "as casually, or as frenetically,
as a village is looted or gratuitously destroyed."
As UN troops are finding out, this is too often the case. High
up in the mountains, Vumiliar Lukindo or just 'Vumi' is
a sixteen year old girl. She is doubled over a clutching her stomach
and trying to hide her feet with a faded cloth she has wrapped
around her body. She averts her eyes. Urine covers her feet. Vumi
suffers from incontinence, and cannot sit down because of the pain,
the result of a horrific rape in October 2003.
"The attack happened at night, and we were forced to flee
into the bush", she said in a voice barely a whisper. "Four
men took me. They all raped me. At that time I was nine months
pregnant." "They gang-raped me and pushed sticks up
my vagina - that's when my baby died - they said
that was better than killing me."
The men then stole her few belongings and her community unable
to live with the smell have shunned her. In a country ravished
by war, where rape is used a weapon of war and having a gun means
you can act with impunity, Vumi is not alone. In the small village
of Kithanga where there are many refugees, many other women had
equally horrific stories.
Kahindo Ndasimwa, dressed in little more than rags, told of how
militia attacked her village one night two year ago, forcing her
to flee into the bush. Four men then repeatedly raped the 40 year
old - their legacy a continual stream of urine down her legs.
Bahati Ndasimwa, a 24 year old, with eyes, which told of her torture - said
that she was raped by too many men to count. Her community has
also rejected her.
These women all suffer from vaginal fistula, a medical condition
found in countries with poor health infrastructure, which is usually
a result of poor childbirth care. In this part of the world it
is caused by violent rape. The walls between the vagina, bladder
and anus are torn, resulting in severe pain and debilitating incontinence. "We
have many stories like this", said Jeanne Banyere. "I
used to cry, but now have become desensitized. This happens to
girls as young a nine." Rape of this sort has nothing to
do with sex and everything to do with power and dominance.
Dr. Longombe Ahuka, a 48-year-old father of three who works for
DOCS (Doctors on call for Service), runs a medical center in Goma,
a large town situated near the Rwanda border. Working with two
assistants he does reconstruction surgery on the women. Faced with
an increasing number of women in desperate need of this operation,
but lacking resources and space, DOCS has erected two big tents
in their compound. Dr. Ahuka is no stranger to war. He was forced
to flee the hospital when it was attacked by armed militants. Hundreds
were killed and the hospital looted. " I saw so many bad
things that it is an honour for me to be able to help" he
said. The surgeon recounted one case of a woman who had the barrel
of a gun inserted into her vagina. The soldier then opened fire. "The
savagery we have here is beyond imagination," he said. "They
used all kinds of objects they could lay their hands on," he
added, making a plea for "the world to be told about it,
to be told that this happened in 2003."
The women waiting face a double blow - associated with rape is
the risk of being infected with HIV. Of all the cases Dr Ahuka
dealt with last year, 24% were HIV positive.
Security and support for women subject to violence are woefully
inadequate. Their access to protection, services and legal remedies
is limited in many ways. The upheaval of war itself makes it nearly
impossible for women to seek redress from government entities.
But cultural and social stigmas, as well as women's status
in society, also affect their ability to protect themselves or
seek outside protection. In many cases, the arrival of peacekeeping
personnel had the obvious advantage of providing the local population
with an increased sense of security, but it may also have negative
repercussions.
Greater specificity is needed in codifying war crimes against
women and in recognizing the distinct harm that results from violations
liked forced pregnancy. States must put into place, special legislation
incorporating human rights, humanitarian and international criminal
law into their legal systems. Procedures and mechanisms to investigate,
report, prosecute and remedy violence against women in war must
be strengthened. Otherwise, the historic refusal to acknowledge
and punish crimes against women will continue.
Because the legal and political recording of war crimes has often
omitted the crimes committed against women, an international Truth
and Reconciliation process would correct the historical record
and generate knowledge about the magnitude, severity and patterns
of war crimes against women. It would also educate the legal, political
and activist communities on the definitions and procedures outlined
in the Rome Statute of the International Criminal Court relating
to gender and sexual violence. The Statute and the Court itself
represent a dramatic and positive shift towards providing recourse
for war crimes committed against women.
On Violence against Women and girls there is a need for:
- An international Truth and Reconciliation Commission on violence
against women in armed conflict as a step towards ending impunity
This Commission to be convened by civil society with support
from the international community, will fill the historical gap
that
has left these crimes unrecorded and unaddressed.
- Targeted sanctions against trafficking of women and girls.
Those complicit must be held accountable for trafficking women
and girls
in and through conflict areas. Existing international laws
on trafficking must be applied in conflict situations and national
legislation
should criminalize with strong punitive measures, including
such action as freezing the assets of trafficking rings. Victims
of
trafficking should be protected from prosecution.
- Violence against women in camps involves domestic violence,
sexual violence and discrimination against women and girls
in the distribution of everything from food, to soap, to
plastic sheeting.
It is even shocking to learn that some humanitarian workers
are contributing to violence against women.
- Recognition of the special health needs of women and girls
who have experienced war-related injuries, including amputations,
and
for equal provision of physical rehabilitation and prosthesis
support.
- Immediate treatment for rape and victims of war especially
protection against HIV/AIDS.
- Gender experts and expertise to be included in all
levels and in all aspects of peace operations, including
technical
surveys
and the design of concepts of operation, training,
staffing, and programmes.
- A review of training programmes on approaches to
the gender dimensions of conflict resolution and
peace building
for
humanitarian, military and civilian personnel. United
Nations entities active
in this area should lead this process with support
provided by the Special Adviser on Gender Issues
and Advancement
of Women and
the Task Force on Women, Peace and Security with
a view to developing guidance on training policy and
standards.
We owe all of the above to the women and girls whose bodies have
been used as weapons of war.
Sr Deirdre Mullan
Director
Mercy Global Concern
New York
February 2004
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