Council concludes annual discussion on women's Human Rights with Panel focusing on conflict-related violence against women

Human Rights Council
AFTERNOON 10 June 2011

The Human Rights Council this afternoon concluded its annual discussion on women’s human rights with a panel discussion focusing on conflict-related violence against women.

Kyun-wha Kang, Deputy High Commissioner for Human Rights, introducing the panel, said conflict situations exacerbated pre-existing patterns of gender discrimination and put women and girls at heightened risk of sexual, physical and psychological violence. The end of conflict did not translate into an end to the violence that women and girls endured. Women continued to suffer from the medical, physical, psychological and socio-economic consequences long after the conflict had ended. Violence against women before, after, and during conflict had often been treated as an inevitable scourge of war within the context of overall concerns related to the protection of civilian populations, without specific consideration of the gender specific nature of the violation, its causes and consequences. Over the last few years the international community had witnessed increased awareness of conflict related violence against women.

Fedor Roschocha, Vice-President of the Human Rights Council, also introducing the panel, said this panel would provide an opportunity to discuss the situation of women and girls in conflict and post-conflict situations and to identify ways and means of how the Human Rights Council could strengthen its response to conflict-related violence against women.

The panellists were Margot Wallstrom, Special Representative of the Secretary-General on sexual violence in conflict; Rashida Manjoo, UN Special Rapporteur on violence against women; Zohra Rasekh, Vice President of the Committee on the Elimination of Discrimination against Women; and Marek Marczynski, Research, Policy and Campaign Manager, Amnesty International.

Margot Wallstrom, Special Representative of the Secretary-General on sexual violence in conflict, said efforts to uphold human rights and enhance social justice were also efforts to prevent violence and conflict. Prevention was paramount. Women’s rights did not end when conflict began. In contemporary conflicts, women and girls were the primary targets of sexual violence, including as a tactic of war. Sexual violence thrived on silence and impunity. The challenge was to prevent the cycle of violence and vengeance, as well as discrimination and disempowerment that gave rise to rape as a tactic of war.

Rashida Manjoo, UN Special Rapporteur on violence against women, said the mandate had addressed violence against women as operating on a continuum in terms of location and time and had looked at all spheres of human interaction, from the family, the immediate community and the larger society, to the State and the international arena. It had addressed violence against women in times of peace, in conflict, post-conflict, transitions, consolidation and development. Evidence from around the world seemed to suggest that armed conflict in a region and the militarization process, including the ready availability of small weapons and demobilisation of frustrated soldiers, led to an increased tolerance of violence which might also result in increased violence against women and girls.

Zohra Rasekh, Vice President of the Committee on the Elimination of Discrimination against Women, said that the Committee had been vigilant about women’s human rights during armed conflict and post-conflict situations through its regular examination of the reports of the States parties, and through concluding observations and recommendations. As one of its mandates, the Committee had asked States parties to produce exceptional reports on women’s rights during times of crisis, conflict and post-conflict. The Committee consistently called for the equal and meaningful participation of women in all processes related to post-conflict reconstruction, peace-building and peace negotiations.

Marek Marczynski, Research, Policy and Campaign Manager, Amnesty International, said while resolution 1325 of the Security Council was a symbolic step in the struggle for women’s rights, 10 years after its adoption the international community needed to consider what impact it had had on women in post conflict countries. Amnesty International heard from many women the same story that the perpetrators of sexual and other forms of gender based violence against them were still in power. In certain cases 15 years after the war the perpetrators were in charge of deciding the social benefits the survivors would receive.

In the discussion, speakers said millions of women around the world were far from enjoying the rights they were guaranteed by the various conventions, as violence against women was among the most widespread forms of discrimination. The instrumentalisation of women in the media, female genital mutilation and the spread of HIV/AIDS as a weapon of war were but some examples illustrating the painful reality in which women were forced to live. All countries, as well as civil society and other relevant stakeholders, must be mobilised to appropriately combat this issue and tackle its root causes. In particular, there was no doubt that sexual violence in conflict situations was a serious breach of women's rights. A case in point was the ongoing situation in Libya, where allegations of sexual violence by Government forces must be taken seriously. Countries highlighted the efforts they had made, and continued to make, to fight domestic violence, empower women and girls, tackle human trafficking, raise awareness and make legislative amendments. Speakers wondered what initiatives UN WOMEN envisaged at the global and regional levels to promote the fight against gender-based stereotypes? What mechanism was most efficient in the panellists’ view to continually bring this issue to international attention?

Speaking in the panel discussion on conflict-related violence against women were Estonia, Sweden, Argentina, Palestine on behalf of the Arab Group, Gabon, France, United Arab Emirates, the United States, Colombia, Portugal, Russian Federation, Ecuador, Morocco, Burkina Faso, Switzerland, Algeria, Bangladesh, Iraq, Qatar, Sri Lanka, Republic of Korea, Organisation International de la Francophonie, African Union, Nepal, Sudan, Mexico, Ireland, Denmark, European Union, Norway, and United Kingdom.

The following non-governmental organizations also took the floor: United Nations Population Fund, Union de l’action feminine, International Save the Children Alliance, and the Colombian Commission of Jurists.

The Council will meet at 9 a.m. on Tuesday, 14 June to hear the presentation of the High Commissioner’s report on the flotilla incident, followed by a general debate on organizational and procedural matters, and on the human rights situation in Palestine and other occupied Arab territories. It will then hold an interactive dialogue with the Special Rapporteur on racism, to be followed by a general debate on racism, racial discrimination, xenophobia and related forms of intolerance, follow-up and implementation of the Vienna declaration and Programme of Action.

Opening Statements

FEDOR ROSOCHA, Vice-President of the Human Rights Council, introducing the panel on conflict-related violence against women, said that this panel would provide an opportunity to discuss the situation of women and girls in conflict and post-conflict situations and to identify ways and means of how the Human Rights Council could strengthen its response to conflict-related violence against women.

KYUNG-WHA KANG, Deputy High Commissioner for Human Rights, noted that conflict situations exacerbated pre-existing patterns of gender discrimination and put women and girls at heightened risk of sexual, physical and psychological violence. In 1992 the Committee on the Elimination of All Forms of Discrimination against Women recognized in the general recommendation 19 that “wars, armed conflicts and the occupation of territories often lead to increased prostitution, trafficking in women and sexual assault of women, which required specific protective and punitive measures”. The end of conflict did not translate into an end to the violence that women and girls endured. Women continued to suffer from the medical, physical, psychological and socio-economic consequences long after the conflict had ended. Violence against women before, after, and during conflict had often been treated as an inevitable scourge of war within the context of overall concerns related to the protection of civilian populations, without specific consideration of the gender specific nature of the violation, its causes and consequences. Over the last few years the international community had witnessed increased awareness of conflict related violence against women. In 2000 the Security Council adopted resolution 1325 which called on all parties to armed conflicts to protect women and girls from all forms of violence in armed conflict. The international community confirmed that human rights law continued to apply even in situations of armed conflict.

On the subject of violence against women in armed conflict, the Deputy High Commissioner said that a general recommendation was being drafted. The Human Rights Council and its mechanisms played a crucial role in monitoring the activities of States and non-State actors. Further the mandate of the Special Rapporteur should continue to play a leading role in this area, and that the Special Rapporteurs on trafficking and counter terrorism were also extremely relevant. The Universal Periodic Review could represent an important forum to further discuss States’ efforts to protect women from violence that was directly or indirectly linked to violence. A set of indicators was developed to monitor progress of the resolution. Additionally increased attention to conflict related violence against women would result in more information that could be provided to the Security Council to aid it in its work. The Universal Periodic Review could also provide a useful mechanism to follow up on recommendations by the Special Representative of the Secretary-General. In resolution 1888 the Security Council had established the Special Representative of the Secretary-General on sexual violence in conflict. The analysis and recommendations of the Human Rights Council mechanism could prove useful to the implementation of measures. The Office of the High Commissioner for Human Rights would continue to report and monitor conflict-related violence and continue to publish reports on conflict-related violence against women.

Statements by Panellists

MARGOT WALLSTRÖM, Special Representative of the Secretary-General on Sexual Violence in Conflict, stated that, on behalf of all women in conflict-affected communities, she was grateful for the opportunity to formally address the Human Rights Council. Efforts to uphold human rights and enhance social justice were also efforts to prevent violence and conflict. Prevention was paramount. Women’s rights did not end when conflict began. In contemporary conflicts, women and girls were the primary targets of sexual violence, including as a tactic of war. The Security Council recognized this in resolution 1820. Security Council resolution 1960 aimed to enhance accountability and send a powerful political signal that sexual violence would not be tolerated.

Libya was a case in point. The Commission of Inquiry received reports of rape allegedly committed by government forces. Violence against women and girls was cited as one of the main reasons refugees fled Misrata. Such violence left a lasting imprint on society. In Bosnia, few cases related to sexual violence had been prosecuted. Women described seeking justice but attaining only law. In the Democratic Republic of the Congo, not a single victim or community had received reparations for sexual violence. In Liberia, while a court had been dedicated for trying crimes of sexual violence, women still bore the blame and shame of rape. It was, however, inspiring to meet survivors and it was essential to listen closely to what reparations were requested. Some said horrors of wartime rape were unspeakable, but leaders should speak out. Sexual violence thrived on silence and impunity. The challenge was to prevent the cycle of violence and vengeance, as well as discrimination and disempowerment that gave rise to rape as a tactic of war.

Ms. Wallström outlined five priorities for her mandate: ending impunity, empowering women, mobilizing political leadership, increasing recognition of sexual violence as a tactic and consequence of conflict, and ensuring a more coherent response from the UN system. The Human Rights Council helped to advance these goals by calling upon governments to cease all acts of conflict-related sexual violence, taking appropriate measures to address these acts and raising awareness in the international community about emerging patterns of sexual violence. Through this work, the Council told perpetrators, and would-be-perpetrators, that the world was watching. The Human Rights Council and the United Nations Security Council could help to create conditions where armed groups saw sexual violence as a liability, rather than a brutally efficient tool in the struggle for power. It was necessary to raise the cost of committing atrocities to the point where they harmed the perpetrators more than the victims.

RASHIDA MANJOO, Special Rapporteur on violence against women, its causes and consequences, said that the mandate had addressed violence against women as operating on a continuum in terms of location and time and had looked at all spheres of human interaction, from the family, the immediate community and the larger society, to the State and the international arena. It had addressed violence against women in times of peace, in conflict, post-conflict, transitions, consolidation and development. The 2001 report had illustrated how women and girls had been raped, maimed, mutilated by police responsible for their protection, by refugee camp and border guards, by Government forces and non-state actors, by neighbours and sometimes family members. Women and girls were forced into marriages with soldiers and held in sexual slavery, abducted, held captive, and forced to do domestic work. The report also paid special attention to the specific risks faced by girls during armed conflict who faced many if not all of the risks experienced by women during armed conflict. They were often victims of rape and other sexual violence with those separated from their families being more vulnerable than others. During conflict, women were often trafficked across borders to sexually service combatants to the armed conflict. It had become abundantly clear that internally displaced persons, the majority of them women and children, were particularly vulnerable to violence and abuse. The guiding principles specifically recognised the particular concerns of internally displaced women and children.

Evidence from around the world seemed to suggest that armed conflict in the region and the militarization process, including the ready availability of small weapons and the demobilisation of frustrated soldiers, led to an increased tolerance of violence which might also result in increased violence against women and girls. Unfortunately, many of the peace agreements and the processes of reconstruction after the conflict did not take note of those considerations. The report by the mandate in 2000 highlighted the ongoing violence and discrimination that women faced in the rehabilitation and reconstruction process. The mandate had conducted a number of visits to countries in conflict which had corroborated the thematic analysis conducted in relation to violence against women in conflict situations. In Afghanistan in 1999, the mandate holder had found that women had been reportedly subjected to a wide range of human rights abuses. A 1999 mission to East Timor found evidence of widespread violence against women in the country which the military command had known of. Following the visit to Sierra Leone in 2001, the Special Rapporteur had found that women and girls had been subjected to human rights abuses and grave breeches of international humanitarian law, including killing, amputation, forced displacement and to a host of gender-specific abuses such as rape, sexual slavery, forced marriages and others. The report of the 2001 visit to Colombia had noted the impact of internal conflict on women, the widespread and systematic nature of gender-based violence and the various forms of it that women had suffered. The Special Rapporteur also noted the findings and conclusions from visits to Darfur and the Democratic Republic of the Congo.

Violence against women remained a pervasive feature of many conflict situations over the past 16 years and Ms. Manjoo noted that States were not exempt from their human rights obligations in times of conflict. The impunity of States and non-State actors for violations of human rights and international humanitarian law was an issue that required serious international considerations. The Human Rights Council and its mechanisms should continue placing the protection of women’s rights high on its agenda and with the Security Council should continue to strive for strengthened protection of women’s rights in times of conflict in complementary ways.

ZOHRA RASEKH, Vice President, Committee on the Elimination of Discrimination against Women, said that the Committee had been vigilant about women’s human rights during armed conflict and post-conflict situations through its regular examinations of the States parties, and through concluding observations and recommendations. As one of its mandates, the Committee had asked States parties to produce exceptional reports on women’s rights during times of crisis, conflict and post-conflict. At its forty-eight session the Committee had examined a special report by a State party in which women were subject to gross human rights abuses, including the violation of sexual, psychological, social and economic rights. The Committee’s concluding observations to post-conflict States parties further illuminated the critical issues women faced in this context. In this regard, the Committee had consistently called for the equal and meaningful participation of women in all processes related to post-conflict reconstruction, peace-building and peace negotiations.

As violence against women, and specifically sexual violence during armed conflict, had become an epidemic, the Committee had decided at its forty-seventh session to adopt a general recommendation on the protection of women’s human rights in conflict and post-conflict contexts. This general recommendation would underscore the disproportionate and unique impact of armed conflict on women, especially given that conflicts were often accompanied by gender-based violence. The general recommendation would also highlight the absolute need for full participation of women as active agents in peace, security and reconstruction. A window of opportunity existed for societies emerging from conflict to develop and institutionalize legislative, policy and other measures that fully protected and advanced women’s rights and to give meaning to the concepts of accountability, human security, peace and justice, and reparations. Recognizing the limited role of women in conflict prevention and resolution and their exclusion from formal peace-building processes, the general recommendation would also address States parties’ obligations under the Convention, which directly related to women’s rights to representation and participation in the public and political life of the country.

MAREK MARCZYNSKI, Research Policy and Campaign Manager, Amnesty International, said that most of what Amnesty International learned in its research was based on what survivors shared with it. Mr. Marczynski acknowledged the courage of these survivors in sharing their stories. While resolution 1325 of the Security Council was a symbolic step in the struggle for women’s rights, 10 years after its adoption the international community needed to consider what impact it had had on women in post conflict countries. Amnesty International heard from many women the same story that the perpetrators of sexual and other forms of gender based violence against them were still in power. In certain cases 15 years after the war the perpetrators were in charge of deciding the social benefits the survivors would receive. Resolution 1325 advocated for a more holistic approach to women in armed conflict and providing a more holistic role for them. Based on research Amnesty International believed that what was needed was women’s access to justice and reparations. Women were frequently targeted because of their gender for sexual crimes including rape. In many countries cases of gender based violence were not investigated or prosecuted because the male dominated society did not see this as a crime.

Rape was a crime and could amount to crimes against humanity and war crimes. There was a lack of understanding of the needs of women as witnesses in such cases. Additionally many survivors suffered physical and psychological consequences because of rape and other violence and there were few facilities in countries to deal with this. Truth was important to the victims and without it they were not able to rebuild their lives. Women claiming reparations around the world were made to undergo lengthy processes before they received compensation and they were often humiliated and treated as liars. Development of any reparations programmes should be based on the needs of women. In every case gender based violence must be met with a strong response from the criminal justice system. Women must not be silenced, they must be provided with effective opportunities to participate and be heard.

Discussion

During the ensuing discussion, delegations expressed their appreciation to the panellists for their committed work in drawing attention to violence against women around the world. Healthy, prosperous societies were those in which women were both fully engaged and safe to lead productive lives. The rights of women should be obvious. Yet millions of women around the world were far from enjoying the rights they were guaranteed by the various conventions, as violence against women was among the most widespread forms of discrimination. The instrumentalisation of women in the media, female genital mutilation and the spread of HIV/AIDS as a weapon of war were but some examples illustrating the painful reality in which women were forced to live. All countries, as well as civil society and other relevant stakeholders, must be mobilised to appropriately combat this issue and tackle its root causes. In particular, there was no doubt that sexual violence in conflict situations was a serious breach of women's rights. A case in point was the ongoing situation in Libya, where allegations of sexual violence by Government forces must be taken seriously.

The efforts of Margot Wallström, the Special Representative of the Secretary-General on sexual violence in conflict, were highly appreciated, especially her commitment to shine the international spotlight on sexual violence in conflict, to combat these abhorrent acts and to end the impunity for perpetrators. Several speakers highlighted that the promotion and protection of gender equality and women’s rights was high on their Governments’ agendas. For example, one country had stepped up its efforts by adopting legislation which allowed authorities to take a number of urgent measures, including the relocation of spouses to get them out of the reach of their violent husbands. Other countries highlighted the efforts they had made, and continued to make, to fight domestic violence, empower women and girls, tackle human trafficking, raise awareness and make legislative amendments. Speakers wondered what initiatives UN Women envisaged at the global and regional levels to promote the fight against gender-based stereotypes? What mechanism was most efficient in the panellists’ view to continually bring this issue to international attention? Also, how could the involvement of men in preventing stereotypes be strengthened, delegations asked.

Speaking in the panel discussion on conflict-related violence against women were Estonia, Sweden, Argentina, Palestine on behalf of the Arab Group, Gabon, France, the United Arab Emirates, the United States, Colombia, Portugal, the Russian Federation, Ecuador, Morocco and Burkina Faso.

The non-governmental organizations International Save the Children Alliance and the Colombian Commission of Jurists also took the floor.

In the discussion, speakers expressed appreciation to the panellists for the important and thought-provoking presentations on conflict-related violence against women. The remarkable improvement in the status of women was noteworthy, but women continued to suffer from discrimination and gender-based violence in all countries. Speakers recognized that cultural elements played a role in discrimination and violence against women. Solutions required a holistic and integrated human rights approach. Speakers emphasized that promoting women’s rights, gender equality and equal opportunity would generate economic development. Empowering women entailed that women enjoyed command over resources and the capability to adequately lead in all levels and forms of government and other decision-making bodies. Speakers emphasized that States, as well as non-State actors, could not be exempted from their human rights obligations in times of conflict. Perpetrators of conflict-related violence against women should be brought to justice with no exception.

Speakers stressed the importance of women and gender perspectives as fundamental elements in ensuring sustainable peace and enduring security. They expressed support for Security Council resolutions 1820, 1325, 1888, 1889 and 1960 that had paved the way for the prevention of violence against women, sent a strong signal to perpetrators that these crimes warranted strong consequences, and emphasized the issue as a priority in the international community. Speakers highlighted how national legislation, constitutional reform, national plans, programmes and local institutions could incorporate gender-based approaches for preventing violence against women, promoting gender equality and enhancing economic opportunity. Speakers looked forward to further interacting with the Council on the issue and inquired how the Universal Periodic Review could best be employed to ensure women’s peace and security. Speakers welcomed ideas for specified and workable measures, suggestions for improving data collection, and opportunities for targeted output to steadily catalyze prevention of violence against women. The discussion allowed States and non-State actors to look at conflict-related violence against women in a more global way, while identifying gaps and sharing best practices. Cooperation between States on this issue was stressed as an important element that should contribute to avoiding duplications, sharing information and ensuring efficiency in the prevention of violence against women and the promotion of gender equality.

Speaking in the interactive dialogue on conflict-related violence against women were Switzerland, Algeria, Bangladesh, Iraq, Qatar, Sri Lanka, Republic of Korea, Organisation International de la Francophonie, African Union, Nepal, Sudan, Mexico, Ireland, Denmark, European Union, Norway, and United Kingdom.

The United Nations Population Fund and Union de l’action féminine also took the floor.

Concluding Remarks

MARGOT WALLSTROM, Special Representative of the Secretary-General on sexual violence in conflict, in her concluding observations, said concerning the reliable mechanism to ensure that violence against women was brought to continued international attention, a crucial issue was leadership and in particular male leadership. The consequence of lack of leadership was totally underestimated. It was important also to have monitoring systems and to provide facts and figures to decision-makers, particularly in the United Nations Security Council which should continue to keep the issue on the agenda. Women must be represented and have the voice to keep the issue on the agenda of the global community. Media attention was important as well to continue breaking the silence and to foster understanding about the phenomenon and how to break it. The priorities set at the beginning of the work of Ms. Wallström were still relevant. Concerning the role of the Human Rights Council in preventing violence against women, Ms. Wallström said that the Council should monitor and report on human rights and the violation of those rights for women. The bottom line question was whether women risked being beaten or stoned if they reported rape, if women could go to school or start their own company. The expectation was that the Human Rights Council would follow up and report on this. Empowering women meant that the international community had better chances of addressing violence against women. On early warning indicators, the paper was under preparation on the early signals which were already known, such as looting and pillage which were often signs that violence against women would take place. Another possible action was training, particularly training of peacekeepers.

RASHIDA MANJOO, UN Special Rapporteur on violence against women, its causes and consequences, noted that violence against women needed to be thought of on a continuum in order to develop appropriate preventative measures. It was known that public violence became privatized and more acute during and after armed conflicts. Violence against women and girls was not only about sexual violence, but there were a range of other violations that needed to be recognized. It relation to measures to deal with violence against women in armed conflict , Ms. Manjoo noted that they should deal with structural problems such as entrenched discrimination. The international community should be open to discussing resolution 1325 and the technocratic approach that had been taken in some countries with regard to implementation. Additionally mechanisms established by the Human Rights Council and the Security Council were reinforcing. Ms. Manjoo stressed that it was widely recognized that human rights law and international humanitarian law continued to apply simultaneously in armed conflict.

ZOHRA RASEKH, Vice President, Committee on the Elimination of all Forms of Discrimination against Women and Chair of its Optional Protocol, shared the views expressed that the countries involved in conflict take ownership of violence against women. Ownership led to sustainability and was the best way to resolve any problem, particularly in conflict and post-conflict situations. This could be achieved through education and awareness-raising. Corruption was almost always the reason for violations of human rights in conflict and post-conflict contexts, as well as being a source of impunity for perpetrators. The involvement of civil society was important and required support with abundant resources. Ms. Rasekh agreed that the involvement of men as leaders was significant in preventing violence against women, but women’s leadership in peace-building, peace negotiations and post-conflict planning, not just in women’s issues, was vital. Ms. Rasekh stressed the key role of international organizations and donors, particularly in monitoring the effective implementation of instruments such as United Nations resolution 1325. Ms. Rasekh stated she knew of signatories to resolution 1325, in which international negotiations, peace negotiations and post-conflict discussions were ongoing, but not one single woman was involved. The most frustrating aspect was that the donors and others involved did not notice that women were missing. The Committee on the Elimination of all Forms of Discrimination Against Women welcomed close collaboration with the Human Rights Council, UN Women and the Special Rapporteur on violence against women, particularly in countries immersed in conflict and post-conflict situations.

MAREK MARCZYNSKI, Research, Policy and Campaign Manager, Amnesty International, said that now was the time for action. Amnesty International had started a global campaign for justice and violence against women would be an important part of it. Amnesty International would be monitoring commitments and actions of States and would be reporting on them. This would be done in partnership with women’s organizations. The world was still viewing sexual violence and violence against women in conflict as something normal and this must change. Another area to focus attention on was retribution and redress, which needed to be constructed in consultation with women. There was a need to move away from considering women as a vulnerable group because they were not, they knew exactly what they needed and the international community needed to stop viewing them as helpless victims.

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