Security Council Debate: ‘Sexual Violence Affects Health and Safety of Women’
2008 Resolution Declares Rape Can Constitute a War Crime
By T. Vishnu Jayaraman
Concerned over the security of women and girls in situations of armed conflict, US Secretary of State Condoleezza Rice recently stated that rape is a crime that can never be condoned; yet, women and girls around the world have been subjected to widespread and deliberate acts of sexual violence.
Condoleezza Rice, Secretary of State of the United States of America, Secretary-General Ban Ki-moon and Deputy Secretary-General Asha-Rose Migiro address the Security Council meeting on women, peace, and security. (UN Photo/Evan Schneider)
Chairing a thematic debate on Women, Peace, and Security, at the United Nations (UN) Security Council Ms. Rice asserted “we affirm that sexual violence profoundly affects not only the health and safety of women, but the economic and social stability of their nations.”
UN Secretary-General Ban Ki-moon and Deputy Secretary-General Asha-Rose Migiro also participated in the debate in which representatives from more than 60 Member-States voiced their concerns about the issue. The resolution introduced by Ms. Rice at the Security Council, is a mechanism for bringing these atrocities to light. It also sets the stage for the Secretary-General to prepare an action plan for gathering information on the desperate acts of sexual violence in situations of armed conflict, and in-turn periodically report to the Security Council.
The resolution, calling upon several important measures to protect women, notes that rape and other forms of sexual violence can constitute a war crime, a crime against humanity, or a constitutive act with respect to genocide. It also stresses the need for the exclusion of sexual violence crimes from amnesty provisions in the context of conflict resolution processes, and calls upon Member-States to comply with their obligations for prosecuting persons responsible for such acts. It also urges the Secretary-General and his Special Envoys to invite women to participate in discussions pertinent to the prevention and resolution of conflict and maintenance of peace and security.
Ms. Rice said that there has been a debate about whether sexual violence was a security issue with several Member-States disputing the need for a resolution. “I am proud that today we respond to that lingering question with a resounding yes. This world body now acknowledges that sexual violence in conflict zones is indeed a security concern”, she told the Security Council.
Women: Victims of War's Violence. In conflicts of war, those hardest hit by the violence and uncertainty of displacement are women. The use of rape as a weapon of war has become more evident. Stari Vitez, Bosnia and Herzegovina. (UN Photo)
Ms. Rice stated “…we are concerned about the issue of security of women and violence across the world. As an international community, we have a special responsibility to punish the perpetrators of sexual violence who happen to be representatives of international organizations.” Citing instances of sexual violence and abuse by UN peacekeepers in several peacekeeping missions worldwide, Ms. Rice stressed that while the individual perpetrator is ultimately responsible for the abuse, Member-States are responsible for disciplining and holding their troops accountable for the misdeeds.
Addressing the Security Council, Mr. Ban asserted that “the United Nations and I are personally committed to a zero-tolerance policy against sexual exploitation or abuse by our own personnel. This means zero complacency. Upon receiving credible allegations, we would ensure that they are looked into fully for necessary action.” Mr. Ban also informed the Security Council that he would soon appoint a Messenger of Peace tasked entirely with advocacy for ending violence against women.
While requesting Member-States to come forward with more women candidates, Mr. Ban pledged that “I am eager to deploy more women worldwide, not just as police, military and civilian personnel but also at the highest levels of mission leadership.” In March 2008, Mr. Ban launched a global campaign, aimed at tackling all manifestations including the abominable practice of sexual violence in armed conflict, to end violence against women.
Calling upon the UN system, Member-States, and civil society groups to tackle this complex problem, Ms. Migiro recalled that in May 2008, United Nations Development Fund for Women (UNIFEM) and Department of Peacekeeping Operations (DPKO), on behalf of UN Action against Sexual Violence in Conflict, hosted a High-Level Conference on the role of military peacekeepers and others in responding to this scourge.
The delegates at the Conference broadly agreed that the credibility of peacekeeping operations ought to be measured in terms of how successful they are in addressing sexual violence and abuse. The delegates also reached consensus on addressing this issue at the political level for effective action.
Acting Chief for Conduct and Discipline (C&D) Unit of Department of Field Support, Marie-Anne Martin, told the UN Chronicle that, “sexual exploitation or any serious breaches of the UN code of conduct can hinder a Mission’s ability to carry out its mandate by undermining the confidence of the host country population.”
Ms. Martin said that as part of the implementation of special measures for protection from sexual exploitation and abuse, and as a response to various serious allegations about peacekeepers in several missions, former Secretary-General Kofi Annan, in November 2005, established the C&D Units, one at New York headquarters and eight others at selected peacekeeping missions. Currently, there are about 18 such Units functioning around the world.
The C&D Units have been set up to uphold the UN’s zero tolerance policy with regard to sexual exploitation and abuse by implementing preventive measures, receiving complaints and ensuring compliance with UN code of conduct.
“When there are allegations of misconduct, then the Units receive the complaints, which are in turn passed on for investigation, to the UN Office of Internal Oversight Services (OIOS) or other investigative entities, depending on the gravity of the offense. The investigation report would be reviewed based on whether the allegations are substantiated or not. If the case is substantiated, then the mission, UN Headquarters or the Troop Contributing Countries (TCC) would be responsible for taking any necessary action”, Ms. Martin added.
The C&D Units adopt three-level strategy to address problems of sexual exploitation. They are prevention of misconduct to make generic training on prevention of sexual exploitation and abuse mandatory for all peacekeeping personnel on arrival in a mission, enforcement measures to handle allegations and investigations of misconduct in a more consistent and professional manner, and remedial action to provide assistance and support to victims of sexual exploitation and abuse by United Nations staff or related personnel.
As such, the UN Missions and agencies across the world have been working on a number of initiatives to improve the situation. The UN Mission in the Democratic Republic of Congo has initiated several steps including “Operation Night Flash”, which involves peacekeepers driving into the woods during nights and flashing headlights to drive away would-be offenders. The UN Mission in Liberia has built a safe house for survivors and victims of sexual and gender-based violence, peacekeepers in Haiti are organizing meetings on women’s rights for members of the judiciary and police, the Rule of Law unit in Afghanistan is helping the country draft legislation to eliminate violence against women, and the UN Interim Administration in Kosovo has created a special unit to ensure that victims receive help when they seek justice.
The Office of the UN High Commissioner for Human Rights (OHCHR) has also undertaken numerous measures such as monitoring, investigating, and documenting sexual and gender-based violence as a human rights issue.
