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Condemning the use of Rape as a Weapon of War in Africa

Condemning the use of Rape as a Weapon of War in Africa

Introduction

Sexual violence (SV) is a sexual act performed without a person’s consent. Sexual violence affects everyone because anyone can be a victim of sexual violence. SV has plagued African communities during armed conflicts for decades. The perpetrators use sexual violence to exert dominance over their victims, and as a form of punishment and to instil fear on their perceived enemies1. Fundamentally, SV during wars may include rape, sexual slavery, forced prostitution, forced pregnancy, marriage or sterilization. From Libya to the Democratic Republic of the Congo (DRC), countless lives have been shattered by this cruel practice. By examining its historical context and consequences, we can better understand the urgency of condemning these discriminatory acts. SV leaves the victims traumatized with emotional and physical scars which affects the individual’s overall wellbeing2. In certain places, SV is used as a reward system for the fighters, spoils from war or incentives during recruitment3.

Condemning the use of SV during wars is very crucial because it violates the human rights and ought to send a strong message about a country’s commitment towards upholding human rights. SV during wars should be condemned because they put the victims at both short term and long-term health risks. The use of sexual violence as a weapon of war in Africa is a discriminatory human rights violation that should be condemned by the international community and the conflict zones. For things to change, rape must no longer be tolerated as a weapon of war. By condemning such acts, we can work towards justice for survivors, deter future perpetrators, and contribute to the healing and rebuilding of affected communities. Furthermore, addressing the root causes of sexual violence and promoting a culture of consent and respect can also help prevent future incidents and protect vulnerable populations.

History of SV in Africa

Understanding the gravity of SV requires a historical examination. Before delving into the current initiatives to combat SV, let’s explore its historical use in African conflicts to grasp its impacts fully. While it has been challenging to pinpoint the use of SV during the pre-colonial times because of limited historical records, it is widely known that SV has been used as a tactic in conflicts. The use of SV in African wars has been a pervasive issue since post independence era. During colonial times, European powers often used SV to suppress and control local populations4. In post-independence Africa, SV has been documented in conflicts such as the Rwandan Genocide and the ongoing conflicts in the Democratic Republic of Congo (DRC)5. According to the report of the United Nations Secretary-General on conflict-related sexual violence (CRSV), the African states that have witnessed or witnessing SV are Central African Republic, DRC, Nigeria, Libya, Mali, Somalia, Sudan and South-Sudan6.  Sexual violence has also been prevalent in other post-independence African conflicts, such as the Liberian civil war, Sierra Leone civil war and other conflicts, where it was used as a weapon of war and a tool for ethnic cleansing7. These victims are at a heightened risk of exploitation and abuse in humanitarian crises, making it crucial to prioritize their protection and ensure that their basic needs are met.  Furthermore, it is important to note that CRSV is not limited to Africa, as it has also been reported in various other parts of the world, including the former Yugoslavia and Sri Lanka8.

In Rwanda, an estimated 250,000 to 500,000 women were raped during the 1994 genocide, illustrating the horrifying scale of this violence2. To put this into perspective, the number of women who were raped during the Rwandan genocide is equivalent to approximately 2% to 4% of the country’s total population at the time. Further research highlights that these vulnerable populations are often targeted by various actors in humanitarian crises, including armed groups, state authorities, traffickers, and those who control access to essential resources and services5. A typical situation of a girl who was raped during the conflicts and insecurity that took place at the eastern provinces of North Kivu, South Kivu, Ituri, and Tanganyika in DRC. It was reported that she got paralysed and had a baby after the incidence. Three years after this incidence, 45km away from her first rape, rebels attacked the village she lived in, but because she was paralysed and could not run, she was raped for the second time by multiple men7. This could be the case of majority of the women in the affected provinces, who end up living with this trauma for the rest of their lives.

Gender and power dynamics play a crucial role in the perpetuation of SV. In patriarchal societies, women are often viewed as property or tools of war8. This abuse is exacerbated by gender inequality, where women and girls have limited rights and protection. Communities are often torn apart, with trust eroded and social cohesion destroyed. The stigma associated with sexual violence further isolates survivors, impeding their ability to seek help and reintegrate into society. Survivors of sexual violence face numerous health issues, including injuries, sexually transmitted infections, and unwanted pregnancies. Psychologically, they may suffer from post-traumatic stress disorder (PTSD), depression, and anxiety. The lack of adequate healthcare services in conflict zones exacerbates these challenges, leaving survivors without the support they need. Economically, survivors may struggle to find employment or support their families due to physical and psychological impairments. Children born of rape often face rejection and marginalization. While women are the most vulnerable in this context, it is worth noting that boys and men also suffer from CRSV in the context of detention and interrogation6. The Lesbian, Gay, bisexual, transgender and intersex (LGBTI) community are also targeted based on their real gender identity and imputed sexual orientation5. Families and communities are left grappling with the long-term psychological effects and social disruption, perpetuating cycles of poverty and violence.

International responses to SV in Africa

Given the deep-rooted history of SV in African conflicts, international responses have evolved to address this issue. International laws explicitly prohibit SV in conflicts. Conventions such as the Geneva Conventions, the Rome Statute of the International Criminal Court (ICC), and United Nations Security Council Resolutions (e.g., Resolutions 1325 and 1820) establish legal frameworks for addressing these crimes8. These instruments aim to protect civilians, hold perpetrators accountable, and ensure justice for survivors. The use of these instruments is crucial in promoting peace and stability in conflict-affected communities, as they help to rebuild trust and facilitate the reintegration of former warriors into the civilian life. The International Criminal Court (ICC) plays a crucial role in achieving these goals by prosecuting individuals responsible for genocide, crimes against humanity, war crimes, and all forms of sexual violence in international humanitarian law 8. To effectively implement these instruments, it is crucial to work towards building a strong international legal framework that promotes human rights and provides a platform for accountability.

Progress has also been made by the UN, when the establishment of the mandate on combatting CSRV was made fifteen years ago. There has been inclusion of SV issues in Peace agreement frameworks leading to increased national ownership and leadership. Additionally regional organizations and Human rights bodies have pulled forces together with the United Nations to prevent and address CSRV5. In 2019, the UN Security council adopted a resolution aimed at further strengthening the normative framework on women, peace, security and SV in conflict, reinforcing justice, accountability as well as survivor-centered approach9. The resolution’s adoption marked a significant step towards ensuring that women’s rights and well-being are protected in times of conflict, and it highlighted the importance of addressing SV as a critical issue in maintaining international peace and security.

Furthermore, the African Union (AU) and regional bodies like the Economic Community of West African States (ECOWAS) have made efforts to address SV. The AU’s Maputo Protocol, for instance, emphasizes women’s rights and condemns SV10. However, the implementation and enforcement of such frameworks remain challenging due to political instability and lack of resources. Enforcing international law and ensuring accountability for sexual violence crimes are fraught with difficulties11. Weak judicial systems, corruption, and political interference often hinder justice. Additionally, the stigma and fear of retaliation prevent many survivors from coming forward, leaving many perpetrators unpunished.

Strategies for addressing Sexual Violence in Africa

Promoting gender equality or equity and empowering women are critical to preventing SV12. Ensuring women’s participation in peace-building and decision-making processes can lead to more inclusive and effective solutions. Legal reforms to protect women’s rights and enhance their access to education, healthcare, and economic opportunities are essential steps13. To ensure that these reforms are effective, it is crucial that governments work closely with civil society organizations and women’s rights groups to develop and implement policies that address the root causes of gender inequality14. By engaging in meaningful partnerships with these key stakeholders, governments can effectively address the systemic issues that perpetuate gender inequality and create a more equitable society for all15.

Education and awareness campaigns can play a vital role in changing societal attitudes towards SV. By educating communities about the rights of women and the consequences of SV, we can reduce stigma, encourage survivors to seek help, and promote accountability. Schools, media, and community leaders all have roles to play in these efforts. Survivors of SV need comprehensive support services to heal and rebuild their lives. This includes access to mental health care, medical treatment, legal assistance, and economic support. Governments and NGOs must work together to establish and maintain these services, ensuring they are accessible to all survivors, regardless of their location or socio-economic status.

In conclusion, condemning SV as a weapon of war is crucial for upholding human rights, achieving justice for survivors, and fostering peace and stability in Africa. This condemnation must be reenforced by actionable steps to address and prevent this cruel act. Sustained international attention and action are equally necessary to combat SV in conflict. This includes reinforcing legal frameworks, partnerships with local and international communities, supporting regional initiatives, and providing resources for prevention and survivor support. With the support of organizations and individuals who share this vision, we can create a world where all people can live free from the threat of sexual violence in conflict zones. Together, we can work towards a future where sexual violence is no longer a weapon of war.

References
  1. Jenkins, S. (2018). The Rape Epidemic: The Weaponization of Sexual Violence in African Conflicts. Inquiry@Queen’s Undergraduate Research Conference Proceedings. https://doi.org/10.24908/iqurcp.8586
  2. Bijleveld, C., Morssinkhof, A., & Smeulers, A. (2009). Counting the countless: Rape victimization during the Rwandan genocide. International Criminal Justice Review19(2), 208-224.
  3. Nzongola-Ntalaja, (2007). The Politics Of Citizenship In The Democratic Republic Of Congo (pp. 69–80). brill. https://doi.org/10.1163/ej.9789004157903.i-280.24
  4. Mer, S. R., & Flicourt, N. (2015). Women victims of sexual violence in armed conflicts in the Democratic Republic of Congo. Sexologies, 24(3), e55–e58. https://doi.org/10.1016/j.sexol.2015.06.002
  5. Alma, E. (2020). Commentary: Women’s Empowerment and Addressing Sexual and Gender-Based Violence in the DRC. Allons-y: Journal of Children, Peace and Security, 3, 44–47. https://doi.org/10.15273/allons-y.v3i0.10061
  6. Report of the United Nations Secretary-General on conflict-related sexual violence (2019). Accessed on 01/08/2024. Available at https://www.un.org/sexualviolenceinconflict/wp-content/uploads/2019/05/2018-SG-Annual-Report-Factsheet.pdf
  7. Murphy, W. P. (2012). The War Machines: Young men and violence in Sierra Leone and Liberia. African Affairs, 112(446), 164–165. https://doi.org/10.1093/afraf/ads074
  8. Gopalan, P. (2019). Conflict-Related Sexual Violence in Kosovo: Gendering Justice Through Transformative Reparations (pp. 285–310). intersentia. https://doi.org/10.1017/9781780688466.01
  9. UN denounces the use of rape as weapon of war in DR Congo. Accessed on 07/08/2024. Available at UN denounces use of rape as weapon of war in DR Congo – InfoMigrants
  10. Alemdjrodo, R. (2021). The evolving partnership between the African Union and the Economic Community of West African states in peacebuilding (pp. 203–217). routledge. https://doi.org/10.4324/9781003187585-13
  11. Macfarlane, E. (2021). Resolutions Without Resolve: Turning Away from UN Security Council Resolutions to Address Conflict-Related Sexual Violence. Michigan Journal of Gender & Law, 27(27.2), 435. https://doi.org/10.36641/mjgl.27.2.resolutions
  12. Altunjan, T. (2021). The International Criminal Court and Sexual Violence: Between Aspirations and Reality. German Law Journal, 22(5), 878–893. https://doi.org/10.1017/glj.2021.45
  13. Stachow, E. (2020). Conflict-related sexual violence: a review. BMJ Military Health, 66(3), 183–187. https://doi.org/10.1136/jramc-2019-001376
  14. Nwaogu, D. C. (2022). Wartime sexual violence offences: Quest to unravel the associated consequences in international law. UCC Law Journal, 2(2), 75–108. https://doi.org/10.47963/ucclj.v2i2.1119
  15. Alexandre, A. B., & Moke Mutondo, K. (2021). Behind the weapon of war: sexual violence in wartime as a reflection of social attitudes towards women in peacetime. Journal of Sexual Aggression, ahead-of-print(ahead-of-print), 149–163. https://doi.org/10.1080/13552600.2021.1949500

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