“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.”

-United Nations Secretary-General, Ban Ki-Moon, 2007.

Human Rights Seminar, City University of NY, February 2009 When is sexual violence a threat to international peace and security?

Letitia Anderson, UN Action Against Sexual Violence in Conflict

What is UN Action?3 Pillars of Action:

• Country Level Action: Support joint programming by UN Country Teams and Peace Support Operations. Build operational and technical capacity.

• Advocating for Action: Raise public awareness and generate political will to end sexual violence as part of a broader campaign to “Stop Rape Now”.

• Learning by Doing: Create a knowledge hub on sexual violence in conflict.

UN Action is a “critical joint UN system-wide initiative to guide advocacy,

knowledge-building, resource mobilization, and joint programming around sexual violence in conflict”.

- Secretary-General’s Policy Committee, June 2007.

6 Guiding Principles:

• Rape is not an inevitable consequence of conflict. It must be prevented.

• Gender-based violence, including sexual violence, is a violation of human rights.

• Attempts to end sexual violence must address gender-based inequalities by empowering women, and protecting and promoting their human rights.

• Constructive involvement of men and boys is vital.

• Women must guide advocacy and programming efforts to end sexual violence and secure peace.

• Sexual violence in conflict is one of history’s great

silences. We all have a duty to act.

“It is now more dangerous to be a woman than to be a soldier in modern

conflict.”

- Maj. Gen. Patrick Cammaert, 2008, ex-Force Commander for Eastern Democratic Republic of Congo.

Sexual Violence on the Security Agenda:

Sexual violence is often used or commissioned as a tactic of war that specifically targets women and girls, exacerbating conflict and impeding the restoration of international peace and security.

Historical Backdrop:

• 50,000 – 64,000 internally displaced women in Sierra Leone sexually attacked by combatants.

• 20,000 – 50,000 women raped during war in Bosnia and Herzegovina, early 1990s.

• 250,000 – 500,000 women raped during 1994 Rwandan genocide.

• An average of 40 women raped every day in South Kivu,

DRC. In North Kivu, some 350 rape cases are reported every month.

4 Key Elements of SCR 1820:

1. Explicitly links sexual violence as a tactic of war with the maintenance of international peace and security.

2. Aligns policy framework with international law – recognising sexual violence as a war crime, crime against humanity and constituent act of genocide – countering the culture of impunity.

3. Affirms the importance of women’s participation in all processes related to ending sexual violence in conflict, including peace talks.

4. Requests a comprehensive report from the S-G on implementation and strategies for improving information flow to the Council, so better data can inform better responses.

SCR 1325 – Recap of Key Elements:

“3 Ps” Framework for Action:

Participation & representation of women in all aspects• In peace negotiations, recovery processes, post-

conflict governance and peacekeeping operations• In processes and mechanisms related to ending

sexual violence in conflict

Protection of women as a group with specific needs• Protection of women’s human rights and of women as

civilians• Requirement of concrete measures to end sexual

violence

Prevention of sexual and other violence/conflict-prevention• Sexual violence as a security issue - linked to

maintenance of peace• Prevention of conflict linked to prevention of violence

“Rape is too often seen as ‘collateral damage’ of conflicts…We are missing the

point: rape is a crime and must be stopped”.

- Assistant Secretary-General, Kathleen Cravero, 2008.

What does SCR 1820 add to SCR 1325?

SCR 1325

• First SCR to link women to the peace and security agenda: addressing the impact of war on women and their contribution to conflict resolution and sustainable peace

• Avoid amnesty “where feasible” [OP 11]• Training on protection rights and needs of women [OP

6] • Need to maintain civilian character of refugee/IDP

camps and design them in a way that helps prevent sexual violence [OP 12]

• No reference to sanctions for perpetrators; mentions impact of sanctions on women [OP 14]

• No strategy for improving information-flow to the Council

• “Special measures” to protect women and girls from SGBV [OP 10]

• No mention of coordination• No reference to root causes of war-time rape• No reference to Peacebuilding Commission (est. 2005)

SCR 1820

• First SCR to recognise sexual violence as a self-standing security issue, linked with reconciliation and durable peace

• Exclusion of sexual violence crimes from amnesty provisions [OP 4]

• Specific training of troops on categorical prohibition of sexual violence [OP 3; 6; 7]

• Develop mechanism for protecting women/girls in/around UN-managed camps [OP 10]

• Sexual violence relevant to country-specific sanctions regimes [OP 5]

• Global report due 30 June 2009 [OP 15]• Itemises measures that can concretely improve protection

and assistance [OP 13]• Welcomes coordination efforts of UN Action Against Sexual

Violence in Conflict [pp xiv] • Scope for addressing root causes: “debunking myths that

fuel sexual violence” [OP 3]• Peacebuilding Commission to advise on ways to address

sexual violence [OP11]

Normative Background to SCR 1820:

Reaffirms commitment to continuing and full implementation of: SCR 1325 (2000) on Women, Peace and Security; SCR 1612 (2005) on Children and Armed Conflict; SCR 1674 (2006) on Protection of Civilians in Armed Conflict; 2005 World Summit Outcome Document (resolves, inter alia, to eliminate all forms of violence against women and girls); International humanitarian law (e.g. 1949 Geneva Conventions; 1977 Additional Protocols); International human rights law (e.g. Convention on the Elimination of All Forms of Discrimination against Women; the Convention on the Rights of the Child); 1994 International Conference on Population and Development; 1995 Beijing Platform for Action (Section E, “Women and Armed Conflict”).

SCR 1820 covers countries on the Council’s agenda; other countries: GA Res 62/134 (2007) on Eliminating rape and other forms of sexual violence in all their manifestations, including in conflict and related situations.

Human security

Economic security

Communal security

National security

International security

“Far from being a specific niche issue, sexual violence is an indicator of the most severe breach of human security … it is closely related to food aid, firewood collection and HIV/AIDS. It directly affects women and girls but also men and boys – and destroys the fabric of families and communities. Punishing its perpetrators would contribute to restoring trust in the judicial system. Preventing it would spare disproportionate human and financial costs to reconstructing nations. Reducing sexual violence in all war-affected countries will be a true sign of national recovery.”

– Thoraya Ahmed Obaid, Executive Director of UNFPA, Forced Migration, Issue 27, January 2007.

Sexual violence as a security issue:

When is sexual violence a security issue?

6 Pillars: Legal test/definition:

1. Crime of concern to the international community as a whole

A war crime, crime against humanity, a form of torture, or a constitutive act with respect to genocide/ ethnic cleansing.

2. Command responsibility – security profile of perpetrators

Superior in military/militia chain of command knew/should have known sexual violence was being committed by subordinates and failed to prevent/punish such acts.

3. Civilians targeted – protected profile of victims

Victims are protected persons under international humanitarian law (IHL), having non-combatant immunity.

4. Climate of impunity Undercuts State authority; lawlessness threatens neighbouring States.

5. Cross-border implications/ impact on regional stability

Spread of HIV (SCR 1308); displacement/forced population movement; exacerbates/prolongs/spreads conflict; lawlessness/impunity poses threat to neighbouring countries.

6. Ceasefire violation Violates terms of a ceasefire agreement.

Crimes of concern to the international community as a whole:

Pillar 1: Legal test/definition:

1.1 War crime A violation of the laws/customs of war occurring in international/non-international armed conflict.

1.2 Crime against humanity A widespread or systematic attack against the civilian population.

1.3 Torture [amounting to a war crime or crime against humanity]

Intentional infliction of severe pain or suffering, physical or mental, upon a person in the custody or under the control of the accused.

1.4 Constitutive act with respect to genocide/ ethnic cleansing

Acts committed with intent to destroy, in whole or in part, a national, ethnical, racial or religious group, as such/ ethnic persecution.

Pillar 2: Command responsibility

Under ICTR and ICTY case law, command responsibility requires 3 elements:

(1) existence of a superior-subordinate relationship of effective control;

(2) existence of the requisite mens rea, namely that the commander knew or had reason to know of their subordinate’s crimes;

(3) commander failed to take the necessary steps to prevent or punish the offences.

Pillar 3:COMBATANT:Member of armed forces

Direct part in hostilities

May not be punished for taking part in fighting, only for war crimes

POW status if captured

Protected if hors de combat (out of action)

Civilians attacked

CIVILIAN:All persons other than combatants

Protected against attack

No right to participate in hostilities

May be punished for taking part in hostilities

May only be attacked if & when they take up arms

Pillar 4: Climate of impunity

Preamble, 1998 Rome Statute of the ICC:“the most serious crimes of concern to the international community as a whole must not go unpunished and their effective prosecution must be ensured by taking measures at the national level and by enhancing international cooperation … such grave crimes threaten the peace, security and well-being of the world.”

Pillar 5: Cross-border implications Forced displacement/ demographic destabilisation Vector of HIV transmission Transnational economic disruption

Pillar 6: Ceasefire violation

SEXUAL VIOLENCE

CRIME INTER-NATIONAL

COMMAND RESPON-SIBILITY

CIVILIANS TARGETED

CLIMATE OF IMPUNITY

CROSS-BORDER IMPLICATIONS

CEASEFIRE VIOLATION

SCR

DRC √ √ √ √ √ √ 1856

DARFUR

HAITI

RWANDA

LIBERIA

Who is responsible for implementation?

Member States Troop/police contributors Parties to armed conflict Peacekeepers Justice institutions Security Council Secretary-General and the UN system

Practical Challenges in the Field: Engaging non-State actors/rebel groups Establishing command responsibility for rape Absence of accountability/monitoring mechanism Building public trust in post-conflict institutions – perpetrators of rape become charged with public protection Normalisation of rape as chronic social problem, including by demobilised combatants Threat of SGBV as a barrier to women’s participation in public life Gender balance among peacekeeping personnel Sexual violence statistics notoriously unreliable Humanitarian access/proximity to victims: the world’s least visible people, in the world’s least accessible places Peacekeepers increasingly mandated to protect civilians – this must be matched with resolve and resources Logistical, infrastructure challenges, varied terrain, splintered armed factions While the UN is now legally empowered to provide information, it still needs to be appropriately structured and resourced to do so.

Making a real difference to the lives of women and girls during and after conflict – ensuring protection, services, reparation, justice!

www.stoprapenow.org

No security without women’s security!