| United Nations | A/50/329 |
General Assembly
Distr. GENERAL
4 August 1995
ORIGINAL:
ENGLISH
Fiftieth session
Item 114 (c) of the provisional agenda*
HUMAN RIGHTS QUESTIONS: HUMAN RIGHTS SITUATIONS AND
REPORTS OF SPECIAL RAPPORTEURS AND REPRESENTATIVES
Rape and abuse of women in the areas of armed conflict
in the former Yugoslavia
Report of the Secretary-General
CONTENTS
Paragraphs Page
I. INTRODUCTION ......................................... 1 - 43
II. RESPONSE OF THE UNITED NATIONS SYSTEM ................5 - 474
A. Commission of Experts ............................ 5 - 134
B. Commission on Human Rights .......................14 - 206
C. Committee on the Elimination of Discrimination
against Women .................................... 21 - 257
D. International Tribunal for the Prosecution of
Persons Responsible for Serious Violations of
International Humanitarian Law Committed in the
Territory of the Former Yugoslavia ............... 26 - 319
E. United Nations Children's Fund ................... 32 - 3310
________________________
* A/50/150.
95-23199 (E) 300895
*9523199*/...
CONTENTS (continued)
Paragraphs Page
F. Office of the United Nations High Commissioner for
Refugees ......................................... 34 - 3810
G. United Nations Educational, Scientific and
Cultural Organization ............................ 39 - 4412
H. World Health Organization ........................ 45 - 4713
III. RESPONSE OF NON-UNITED NATIONS ACTORS ................48 -6114
A. European Community Task Force .................... 48 - 5014
B. International Committee of the Red Cross ......... 51 - 5414
C. International Federation of Red Cross and Red
Crescent Societies ............................... 55 - 5615
D. Other governmental and non-governmental activities 57 - 6116
IV. CONCLUDING REMARKS ...................................62 -6817
I. INTRODUCTION
1. At its forty-ninth session, the General Assembly adopted resolution
49/205 dated 23 December 1994 entitled "Rape and abuse of women in the
areas of armed conflict in the former Yugoslavia", in which it strongly
condemned the continuing abhorrent practice of rape and abuse of women and
children in the former Yugoslavia. It demanded that those involved cease
those outrageous acts and urged all Member States to take action to end
those practices.
2. In that resolution the Assembly placed great importance on the
continuing investigation and prosecution of those criminal acts. It
reaffirmed that all persons who perpetrated or authorized crimes against
humanity or other violations of international humanitarian law were
individually responsible for those violations and urged Member States to
exert every effort to bring such individuals to justice; encouraged the
Special Rapporteur of the Commission on Human Rights on the situation of
human rights in the territory of the former Yugoslavia to continue to pay
attention to the widespread occurrence of rape; encouraged the
International Tribunal for the Prosecution of Persons Responsible for
Serious Violations of International Humanitarian Law Committed in the
Territory of the Former Yugoslavia since 1991 to give due priority to the
cases of the victims of rape; urged the Chief Prosecutor of the
International Tribunal to consider the appointment to his office of experts
in crimes of sexual violence; and called upon States to put such experts at
the disposal of the Tribunal, and to cooperate in the investigation and
prosecution of persons accused of using rape as a weapon of war and in the
provision of support to victims.
3. The Assembly recognized the extraordinary suffering of such victims,
and expressed its concern, in particular, for the welfare of those who were
among the internally displaced or otherwise affected by the war. It urged
all States and relevant intergovernmental and non-governmental
organizations to continue to provide to the victims of such rape and abuse
appropriate assistance for their physical and mental rehabilitation.
4. In conclusion, the Assembly requested the Secretary-General to submit
an updated and substantive report on the issue of rape and abuse of women
in the areas of armed conflict in Bosnia and Herzegovina, and on the
measures taken
towards implementation of the resolution. The present report is submitted
in accordance with that request. Extensive efforts have been made to
liaise with a variety of actors in the international community in order to
ensure the incorporation in the report of as much substantive information
as possible. Delays in the receipt of such information from important
sources, particularly from organizations operating at ground level,
precluded the issuing of the present report by the date of 1 March 1995 set
by the Assembly in resolution 49/205.
II. RESPONSE OF THE UNITED NATIONS SYSTEM
A. Commission of Experts
5. The Commission of Experts was established pursuant to Security Council
resolution 780 (1992), to examine and analyse information in order to
provide the Secretary-General with its conclusions on the evidence of grave
breaches of the Geneva Conventions and other violations of international
humanitarian law committed in the territory of the former Yugoslavia. It
carried out its work between November 1992 and April 1994 and during this
period held 12 sessions, conducted a series of studies and on-site
investigations, established a database of all reported breaches, and
submitted two interim reports. The final report was transmitted to the
Security Council in December 1994. In it the Commission surveyed its work
since its inception, its mandate, structure and working methods. It also
gave its views on selected legal issues and made substantive findings on
alleged crimes of "ethnic cleansing", genocide, rape and sexual assault.
6. The issue of rape and abuse in the former Yugoslavia was a major plank
of the Commission's work and this is reflected in the final report. The
Commission considered the law applicable to such crimes and concluded that:
"There is no doubt about the prohibition of rape and sexual assault in
the Geneva Conventions and other applicable sources of international
humanitarian law. Furthermore, the Commission finds that the relevant
provisions of the statute of the International Tribunal adequately and
correctly state the applicable law to this crime." 1/
7. The Commission made substantive findings on the subject of rape and
other forms of sexual assault after undertaking extensive research and
investigation to ascertain the facts concerning these allegations. The
Commission particularly sought to examine the relationship between "ethnic
cleansing" and rape and other forms of sexual assault. It noted the great
difficulty of making any general assessment of the actual numbers of rape
victims, given the social stigma attached to that experience, and the added
reluctance of reporting such crimes in wartime for fear of reprisals. It
also drew attention to the hidden plight of male victims of sexual assault.
8. The three methods of investigation used by the Commission were the
analysis of information contained in the Commission database; a pilot study
on rape; and a field investigation involving the interviewing of victims
and witnesses. The analysis of reports contained in the Commission
database provided identification of close to 800 victims by name or number
and 600 alleged perpetrators by name. The database contained additional
information on further unidentified victims and perpetrators. The ages of
the victims ranged from 5 to 81 years, and about 80 per cent of the cases
were reported to have occurred in custodial settings. The cases reported in
the database occurred between autumn 1991 and the end of 1993, with the
majority occurring between April and November 1992.
9. The Commission conducted a pilot study on rape which involved an
investigative mission to Sarajevo from 29 June to 9 July 1993. The
objective of this mission was to review available information and develop a
methodology for interviewing witnesses and victims in order to determine
how relevant evidence could be obtained for use before a tribunal. The
team obtained relevant information from the War Crimes Commission of Bosnia
and Herzegovina. The Commission of Experts took the view that the pilot
study was relatively generalized. Although it assessed various information
sources, it had not been able to gather precise information that could lead
to prima facie cases.
10. The Commission undertook a major field investigation in the region
involving teams of female lawyers and mental health specialists who carried
out a series of interviews in Croatia and Slovenia in March 1994.
Altogether, 223 interviews were conducted, with 146 victims and witnesses
from Bosnia and Herzegovina and 77 from Croatia. All information was to be
made available to the Prosecutor of the International Tribunal for the
Prosecution of Persons Responsible for Serious Violations of International
Humanitarian Law Committed in the Territory of the Former Yugoslavia.
11. The Commission was able to make a preliminary analysis on the basis of
the information gathered. It identified five patterns in the commission of
these crimes: sexual assaults committed in conjunction with looting and
intimidation of the target ethnic group before widespread fighting broke
out; sexual assaults committed in conjunction with fighting in an area;
sexual assaults on people in detention; sexual assaults for the purpose of
instilling terror, often as part of the policy of "ethnic cleansing"; and
the detention of women purely for the purpose of providing sexual
entertainment for soldiers.
12. The Commission noted various common features of the sexual assaults.
The rapes appeared to occur in conjunction with efforts to displace
targeted ethnic groups from the region. It was reported that perpetrators
would hold their victims in custody until it was too late for an abortion,
thus forcing the victims to bear children of the perpetrator's ethnicity.
Large groups of perpetrators subjected victims to multiple rape; some
victims were abused with foreign objects and the castration of male victims
was reported. Rape was reported to have been committed by all sides, but
the largest number of reported victims were Bosnian Muslims and the largest
number of alleged perpetrators were Bosnian Serbs.
13. In its final report, the Commission of Experts presents its
conclusions and recommendations. On the subject of rape and sexual
assaults it concluded the following:
"The practices of 'ethnic cleansing' ..., sexual assault and rape ...
have been carried out by some of the parties so systematically that they
strongly appear to be the product of a policy. The consistent failure to
prevent the commission of such crimes and the consistent failure to
prosecute and punish the perpetrators of these crimes, clearly evidences
the existence of a policy by omission. The consequence of this conclusion
is that command responsibility can be established". 2/
B. Commission on Human Rights
1. Resolutions
14. The Commission on Human Rights expressed its profound concern for
raped and abused women in the former Yugoslavia during its sessions in 1994
and 1995. At its fiftieth session in 1994, the Commission referred to this
matter in its resolutions 1994/72 and 1994/75 on violations of human rights
in the territory of the former Yugoslavia, and in resolution 1994/77 on the
rape and abuse of women in former Yugoslavia. At its fifty-first session,
in 1995, the Commission again expressed its concern in resolution 1995/89,
by renewing its expression of outrage at the systematic practice of rape as
a weapon of war against women and children and as an instrument of "ethnic
cleansing", and by again recognizing that rape in these circumstances
constituted a war crime.
2.Special Rapporteur of the Commission on Human Rights on the situation of
human rights in the territory of the former Yugoslavia
15. The issue of the rape and abuse of women in the territory of the
former Yugoslavia remains of serious concern to the Special Rapporteur, and
information gathering by his field staff in the region continues. In the
course of 1994 and early 1995, sporadic reports of rape as an instrument of
war continued to be received by the Special Rapporteur, but the scale of
such incidents has diminished since the peak of such reporting in 1992 and
1993.
16. In March 1994, the Special Rapporteur reported incidents of rape by
groups of soldiers in the course of the Bosnian Serb offensive on Gorazde.
3/ Throughout March 1994, international sources reported rape and other
forms of sexual abuse on an almost daily basis in the city of Banja Luka
and outlying towns such as Vrbanje. Typical of such reports is one from
June 1994 describing how adult female members of a Muslim family were
sexually abused by a number of their Bosnian Serb neighbours, forcing the
family to flee. 4/ In the course of the displacement of some 4,700 non-
Serbs from Bijeljina and Janja regions to Government-controlled territory
between mid-June and 17 September 1994, many reports were received that
Bosnian Serbs supervising the displacement were committing physical abuse,
including rape. 5/ The conclusion reached by the Special Rapporteur on
that displacement was that Muslims, Bosnian Croats and Roma had all
suffered killings, violence, including rape, theft of property and loss of
jobs. 6/
17. In his reports during 1995, the Special Rapporteur of the Commission
on Human Rights referred to allegations of rape and sexual assault. In
considering violations on the territory of Bosnia and Herzegovina by forces
of the so-called "Republic of Serb Krajina" and of the so-called
"Autonomous Province of Western Bosnia", he reported allegations, not yet
verified, of the possible existence of detention facilities near Velika
Kladusa, including one that housed Muslim women who were subjected to
regular sexual abuse. 7/ The report of the SecretaryGeneral on the
situation of human rights in Bosnia and Herzegovina gave due consideration
to the final report of the Commission of Experts and presented a summary of
the findings on the issue of rape and sexual assault. 8/ In the Special
Rapporteur's report on the persecution of non-Serbs in the region of Banja
Luka, reference is made to the threat of rape by a group of attackers. 9/
3. Special Rapporteur on violence against women
18. At its fiftieth session on 4 March 1994, the Commission on Human
Rights adopted resolution 1994/45, in which it decided to appoint, for a
three-year period, a special rapporteur on violence against women and
invited the Special Rapporteur to seek and receive information, to
recommend measures and to work closely with other special rapporteurs. The
mandate included the following: all violations of human rights of women in
situations of armed conflict, and in particular murder, systematic rape,
sexual slavery and forced pregnancy; all forms of sexual harassment,
exploitation and trafficking in women; the elimination of gender bias in
the administration of justice; and the eradication of harmful effects of
certain traditional or customary practices, cultural prejudice and
religious extremism.
19. The Secretary-General sent a note verbale to Governments on 29 July
1994 conveying the Special Rapporteur's request for information. Slovenia
and the Federal Republic of Yugoslavia (Serbia and Montenegro) were among
those States which replied to the request and it is hoped that replies
received from Governments will form an important basis of the main report
of the Special Rapporteur. The preliminary report of the Special
Rapporteur, 10/ was based on information from other sources; it was issued
on 22 November 1994 and focused on the causes and consequences of violence
against women and the question of international legal standards. The
report considered violence in the family, in the community and by the
State. In the latter context, the report addressed violence against women
in situations of armed conflict, taking the former Yugoslavia and the work
of the Commission of Experts and the International Tribunal for the former
Yugoslavia as an example in this regard.
4. Other organs of the Commission on Human Rights
20. The Working Group on Contemporary Forms of Slavery remains interested
in issues of sexual exploitation and enforced prostitution in the territory
of the former Yugoslavia. General information was submitted by the Federal
Republic of Yugoslavia (Serbia and Montenegro) to the Working Group at its
twentieth session in April 1995. 11/ A late submission from the Government
of Bosnia and Herzegovina will be submitted for consideration at the
twenty-first session of the Working Group, in 1996. The Special Rapporteur
on the Sale of Children, Child Prostitution and Child Pornography also
welcomes any information on the sexual exploitation of children in the
territory of the former Yugoslavia.
C. Committee on the Elimination of Discrimination against Women
21. At its twelfth session, held at Vienna from 18 January to 5 February
1993, the Committee on the Elimination of Discrimination against Women
(CEDAW) requested the States of the territory of the former Yugoslavia to
submit a report on an exceptional basis with respect to the situation of
women now coming under their jurisdiction. Both the Federal Republic of
Yugoslavia (Serbia and Montenegro) and Croatia responded to this request
and, as indicated below, their replies are particularly instructive as to
what steps are being taken to rehabilitate women who have been raped and
abused in the context of the war in that region.
22. The Government of the Federal Republic of Yugoslavia (Serbia and
Montenegro) submitted a report to the Committee at its thirteenth session,
from 17 January to 4 February 1994. 12/ The report described the
Government's approach both to the collection of data concerning incidents
of rape and to the physical and mental rehabilitation of the victims. The
State Commission for War Crimes and Crimes of Genocide and the Inter-
departmental Group of the Government, helped by non-governmental
organizations (NGOs), has been responsible for collecting information on
the victims of these crimes.
23. The Commission for Monitoring the Sexual Abuse of Women, Children and
Men in Conditions of War was set up within the Federal Ministry of Labour,
Health and Social Policy in order to help to rehabilitate victims of sexual
abuse from war-torn areas who had found harbour as refugees in the Federal
Republic of Yugoslavia (Serbia and Montenegro). The Commission is composed
of experts, gynaecologists, psychiatrists and psychologists and works
closely with some NGOs. It has collected evidence on sexual abuse by means
of questionnaires and the information gathered was to be presented to the
Security Council's Commission of Experts. The Commission cooperates with
the S.O.S telephone service, which exists for women victims of violence in
general. In December 1992 a group for women raped during the war was set
up within this call service with the help of NGOs from Switzerland. This
group has also set up a centre for raped women that assists in the
rehabilitation of victims and collects evidence on women raped during the
war and in other situations.
24. The Government of Croatia submitted a report to the Committee at its
fourteenth session held from 16 January to 3 February 1995. 13/ The report
reiterates general safeguards protecting the rights of women as contained
in the Constitution. A major part of the report then focuses on the mass
rape of women during the conflict in the territory of the former
Yugoslavia. Various statistics are given and a commentary is provided
regarding the types of victims, the nature of the attacks, the consequences
suffered and the difficulties of obtaining systematic reports.
25. The report states that the following actions have been taken by the
Government in order to address the problem: the adoption of a programme of
protection and help for all victims of torture and other forms of
maltreatment; basic action to provide long-term support and protection for
victims of rape; and basic principles for the protection of and help for
those women whose pregnancy is a result of rape, with adoption as one of
those forms of help. The report states that the support of victims of rape
is one of the greatest humanitarian problems facing Croatia and the goal of
the Government is to provide medical and psycho-social support to these
victims. Annexed to the report are detailed testimonies and descriptions
of characteristic cases.
D. International Tribunal for the Prosecution of Persons
Responsible for Serious Violations of International
Humanitarian Law Committed in the Territory of the
Former Yugoslavia
26. The International Criminal Tribunal for the former Yugoslavia was
established by the Security Council in its resolution 808 (1993) and is
governed by the Tribunal's statute set forth in the Secretary-General's
report of May 1993. It is mandated to prosecute serious violations of
humanitarian law occurring in the former Yugoslavia since January 1991.
Sexual assaults, including rape, constitute acts that form the basis for
criminal prosecution under articles 2 to 5 of the Tribunal's statute.
27. The Office of the Prosecutor is currently undertaking investigations
into serious violations of humanitarian law committed in the former
Yugoslavia, specifically sexual assaults. Investigations cover sexual
assaults perpetrated against women, men or minors during military takeovers
in detention centres, camps and brothels.
28. As at May 1995, the Tribunal has issued three indictments alleging
serious violations of international humanitarian law. Two of the
indictments charge sexual assaults. Direct perpetrators and those liable
through the doctrine of command responsibility, have been named in these
indictments.
29. On the request of the Office of the Prosecutor, the Tribunal has
granted three applications for deferral of investigations or criminal
proceedings instituted in national courts, in accordance with rule 9 of the
Tribunal's rules of procedure and evidence. The first of these
applications was for deferral of criminal proceedings from the German
national court: the other two deferrals were granted for investigations
undertaken by the Government of Bosnia and Herzegovina that coincided with
investigations of the Office of the Prosecutor. Allegations of sexual
assaults are among those crimes which will be tried or investigated based
upon the deferrals.
30. The General Assembly, in resolution 49/205, in which it requested the
present report, stressed the need to protect victims and witnesses in such
cases. The Office of the Prosecutor, in accordance with article 22 of the
Tribunal's statute, is concerned with protecting the identity of victims of
sexual assault for reasons of safety and privacy. A pretrial motion to
prevent public disclosure of information that would identify witnesses had
been filed by the Office of the Prosecutor for the first trial, which is
currently in session. The Victims and Witnesses Unit is a department of the
Office of the Registrar and is mandated to provide support to victims and
witnesses. The Office of the Prosecutor has conveyed to the Unit the
importance which is to be placed on ensuring protection, safety, privacy,
and the counselling needs of prosecution witnesses, particularly those who
have been subjected to sexual assaults.
31. General Assembly resolution 49/205 called upon States to put experts
in the prosecution of crimes of sexual violence at the disposal of the
Tribunal. It should be noted that the staff of the Office of the
Prosecutor comprises lawyers and investigators with experience in the
prosecution and investigation of sexual assault. A legal adviser for
gender-related crimes reports directly to the Deputy Prosecutor and to the
Prosecutor. The recruitment guidelines of the Office of the Prosecutor
call for the employment of qualified women candidates at each level of
operation and for the creation of a gender-balanced staff. States Members
of the United Nations have been requested to submit the names of women
candidates for secondment to the Office of the Prosecutor.
E. United Nations Children's Fund
32. In 1994, in the territory of the former Yugoslavia, the United Nations
Children's Fund (UNICEF) designed a rehabilitation and long-term
development strategy for children, in addition to providing an emergency
response to the crisis. The goal of UNICEF is to decrease the immediate
effects of war on children and women, and to prevent longer-term
consequences on their development. Its programmes focus on health,
nutrition, basic education, active learning, water supply and psycho-social
work with children traumatized by war.
33. UNICEF psycho-social programmes are being implemented in Croatia,
Bosnia and Herzegovina, the Federal Republic of Yugoslavia (Serbia and
Montenegro) and the former Yugoslav Republic of Macedonia. Psycho-social
assistance in Bosnia and Herzegovina is particularly directed towards the
victims of rape and sexual abuse. UNICEF recognizes that many girls and
women have been sexually abused and its goal is to work with local
professionals and institutions to help to reduce the symptoms of trauma in
these groups. This is one of the priority areas in which the Government
and local authorities have asked for UNICEF assistance. UNICEF has focused
on developing specialized training programmes and manuals, such as a
training programme for professionals from central Bosnia, Mostar and
Sarajevo. A pilot project for traumatized women at Tuzla was started with
the help of NGOs and a women's centre was opened in this context, offering
psychological support. A major obstacle to project activity in this area
is the difficulty that girls and women experience in talking about their
problems.
F. Office of the United Nations High Commissioner for Refugees
34. The Office of the United Nations High Commissioner for Refugees
(UNHCR) has an extensive social services network in the territory of the
former Yugoslavia that is geared towards meeting the needs of refugees and
displaced persons affected by the conflict. It has adopted a community-
based approach whereby UNHCR financed projects are managed by non-
governmental organizations. These projects are directed towards a general
group of beneficiaries and mainly provide for care, counselling and
occupational training. Raped and abused women are users of UNHCR social
services projects, but they are not targeted specifically so as to avoid
unsolicited attention. UNHCR staff have generally found that the best way
to reach such victims is by adopting a discreet approach.
35. The main UNHCR community projects in Bosnia and Herzegovina in 1994
were implemented by the following non-governmental organizations.
Corridor, a local NGO, was active in Sarajevo. Marie Stopes International
(United Kingdom) implemented projects at Bihac, Mostar, Sarajevo and
western Herzegovina aimed at supporting 30 women's centres. The projects
encompassed social and educational activities as well as psychological
counselling to enhance women's self-esteem and their ability to cope with
the situation. Some group-counselling sessions were also arranged, a few
of which were conceived for special categories such as ex-detainees and
molested women. UNHCR projects at Tuzla and Zenica were carried out by
Norwegian People's Aid. OXFAM was also operative at Tuzla. Two further
local NGOs, Zena 21 and Ruhama, were being funded by UNHCR in 1995. The
UNHCR budget for community services in Bosnia and Herzegovina has recently
been reduced from $2.7 to $2.4 million because of the shortfall in the
response to an inter-agency appeal.
36. In the Federal Republic of Yugoslavia (Serbia and Montenegro), UNHCR
operates through six NGOs; the main ones concerned with refugee mental
health and/or women's issues are the Institute of Mental Health and Japan
Emergency NGOs. The UNHCR social services network in Croatia consists of
19 NGOs. Of particular note in the context of the present report is the
"Children's House", a project for mothers, and a psycho-social project at
Prvic operated by Care Canada. In both projects the aim is to assist rape
victims, as well as victims of the war in general. At the largest refugee
camp in Croatia, Gasinci, UNHCR has a counselling project in cooperation
with the Croatian Psychiatric Association. The UNHCR community service
budget for 1995 in Croatia stands at $4 million. United Nations Volunteers
(UNVs) have also played a role in working with raped and abused women on
behalf of UNHCR.
37. Statistics of UNHCR referrals to third countries for the resettlement
of raped and abused women are not readily accessible. However, the UNHCR
office at Zagreb agreed to conduct a mini-study of their resettlement files
for the sole purpose of the present report. The information gathered does
not constitute a scientific sample and it is not possible to draw any
generalized conclusions from it. The data were obtained from 116
resettlement files of female victims of sexual violence that were submitted
to third countries between April 1992 and March 1994. These cases do not
in any way constitute the totality as there may have been a number of
reasons why many other cases did not come to light, such as the departure
of victims to third countries on their own initiative, the general
reluctance of victims to report such experiences, etc. A survey of the
files provided the following breakdown of resettlement countries and the
number of victims: United States of America, 47; Denmark, 26; Sweden, 20;
Norway, 8; United Kingdom of Great Britain and Northern Ireland, 6;
Switzerland, 3; Germany, 2; Austria, 1; France, 1; Italy, 1; and
Netherlands, 1. It must be stressed again that given the absence of a
proper cluster survey it is not possible to arrive at any global
conclusions as a result of these data.
38. Another important initiative that was undertaken by UNHCR in the field
of sexual violence is the publication in 1995 of a document entitled
"Sexual violence against refugees - Guidelines on prevention and response".
These guidelines are a response to the global problem of sexual violence
against refugees and have been in the process of formulation since 1992.
They are designed to help the international community and workers
understand how sexual violence can be prevented and what can be done if it
occurs. They describe typical situations where rape and sexual abuse may
take place and then proceed with an in-depth analysis of causes of sexual
violence, ranging from the use of rape as a weapon of war and "ethnic
cleansing" to practical camp design and location factors which may increase
the likelihood of rape. The guidelines suggest numerous preventive
measures that may be taken such as practical improvements in camp
organization, location and design; human resources management measures
including the hiring of more female staff; measures aimed at encouraging
the host Government to take effective legal and other action; and
preventive measures involving education and training. The guidelines
conclude with a detailed list of medical, psycho-social and legal steps
that must be taken when responding to such situations. These guidelines
were issued in early 1995 and have been widely disseminated throughout
UNHCR field offices and other organizations. Given the relevance of this
issue to the territory of former Yugoslavia, it will be important to
observe how the guidelines are implemented there.
G. United Nations Educational, Scientific and Cultural Organization
39. At its twenty-seventh session, the General Conference of the United
Nations Educational, Scientific and Cultural Organization (UNESCO) adopted
resolution 11.1, in which it invited the Director-General to continue a
study initiated by the Executive Board under Decision 141 EX/9.3 on "The
use of rape as a tool of war - its causes and consequences". It further
requested that, in view of the situation in Bosnia and Herzegovina, the
focus of the study be on a rehabilitation plan, to be prepared in
cooperation with the World Health Organization (WHO) and UNICEF, for
Bosnian women who have been victims of systematic rape as well as for their
children.
40. To this end, consultations took place with authorities responsible for
refugees, UNICEF and representatives of NGOs. In June 1994 a working group
was convened at UNESCO headquarters, which was attended by a range of
experts including lawyers, psychotherapists, historians and anthropologists
from the former Yugoslavia and France, as well as observers from permanent
delegations and NGOs.
41. The discussions in the working group substantially contributed to a
preliminary report on the subject of rape as a tool of war. This wide-
ranging report began by considering pertinent legal provisions, it then
focused on the historical and cultural roots of the conflict and finally
considered in-depth, the psychological impact on the victim and
consequences on the family and community.
42. The main aim of the report is to identify what action may be taken by
the international community, and in particular by UNESCO, to help to
alleviate this problem, and several recommendations are made in this
respect. The report notes that the usual reaction of the community at
large is to recoil from such incidents and advocates that public and
official recognition be given of the suffering of the victims. It
recommends the creation of a memorial or documentation centre as a
testimonial to this suffering. The report also upholds the paramount duty
of the international community to ensure that legal action is taken to
prosecute these crimes.
43. In terms of the mandate of UNESCO, the study recommends that a
programme of action for peace be undertaken in the region with the main
objective of restoring community links and carrying out pedagogic work on
subjects such as citizenship, history and the place of women in society,
with a focus on crimes of sexual violence. The study recommends that
assistance programmes for such victims be carefully orchestrated that does
not stigmatize such women; it also cites cooperation between UNESCO and the
Croatian Ministry for Health concerning the production of sensitive written
materials. The report then highlights the need for training programmes for
professionals in this field and suggests a role for UNESCO in facilitating
the exchange of information and experience. It also advocates that
educational programmes for children be mindful of these issues and
recommends priority action in the form of a training programme for teenage
girls.
44. UNESCO submitted the report to the Committee on the Elimination of
Discrimination against Women at its fourteenth session held in February
1995. 14/ It also intends to transmit this report to the International
Tribunal and will present it to the United Nations Fourth World Conference
for Women in Beijing in September 1995.
H. World Health Organization
45. WHO addressed issues of rape and sexual abuse in the context of its
programme for psycho-social rehabilitation and mental health in the former
Yugoslavia. These activities were organized under the Rehabilitation of
War Victims Project, Mental Health Unit based at the WHO office at Zagreb.
The strategy of the Mental Health Unit was to work through and in
cooperation with government health authorities and existing health care
facilities. Projects are organized after local facilities have been taken
into account. WHO estimates that in terms of the most severe cases alone,
more than 1 million people in the territory of the former Yugoslavia are in
need of professional help, and noted that individuals who have experienced
primary trauma such as rape were amongst the most vulnerable groups.
46. One of the main priorities of the Rehabilitation of War Victims
Project which directly affects victims of rape and sexual abuse is the
provision of support to sexually violated men. In late 1994, WHO began
funding and supervising a project which offers psycho-social rehabilitation
to men traumatized through sexual violation, most of them during periods of
confinement as detainees. A telephone hotline was established in Croatia
in November 1994, and through the systematic collection of data and group
treatment a model for support to the group was developed. If further
funding can be raised, similar programmes could appropriately be set up in
other regions.
47. Among other WHO activities related to problems of sexual violence was
the training of local professionals to take care of victims of sexual
violence as part of the WHO Regional Model for Health. A regional model is
a coordinated set of activities in the mental health field in a certain
geographic area, each programme consists of training in post traumatic
therapy and in assisting victims of sexual violence. WHO has also offered
supervision to professionals working within the NGO community and a special
advisory facility has been offered to the International Tribunal. WHO has
also been active in promoting media coverage regarding these issues and in
producing scientific publications.
III. RESPONSE OF NON-UNITED NATIONS ACTORS
A. European Community Task Force
48. The European Community Task Force was established in October 1992 as
the implementing arm of the European Community Humanitarian Office in its
projects in the former Yugoslavia. The tasks of the Task Force are to
coordinate food, medical and hygiene aid; arrangements concerning
infrastructure and logistics; and activities in the psycho-social field.
49. The psycho-social assistance activities of the Task Force are of
particular relevance to raped and abused women, who are recognized by the
Task Force as one of the most vulnerable categories. As of December 1994,
the European Community Humanitarian Office is funding 22 international
psycho-social NGOs. In Bosnia and Herzegovina there are programmes for
traumatized children and women in the regions of Bihac and western
Herzegovina and in the towns of Sarajevo, Mostar and Tuzla. In Croatia,
projects for victims of war are being implemented in the regions of
Slavonia and Zagreb and on the southern Dalmatian coast.
50. Activities under these projects include the establishment of women's
centres, the organization of self-help support groups, counselling and
psychotherapy for individuals, and a refugee telephone line. As part of
its coordination activities, the Task Force has prepared a database of
psycho-social projects in Bosnia and Herzegovina, Croatia and Slovenia. It
has recently produced a publication entitled "Theory and Practice of
Psycho-social Projects under War Conditions in Bosnia-Herzegovina and
Croatia". This book contains details of 185 psycho-social projects
implemented by 117 organizations. The Task Force also organized a
conference on the "Psycho-social care of traumatized women and children -
Need for new methods and aims?" The conference was held at Zagreb in April
1994 and brought together 80 participants from 40 different organizations.
The objective of the conference was to summarize and exchange experiences
of practitioners in this field.
B. International Committee of the Red Cross
51. The International Committee of the Red Cross (ICRC) activities are
aimed at providing protection and assistance to people caught in situations
of armed conflict. The work of ICRC is confined to the provision of
emergency aid to ensure that victims survive the immediate effects of war;
it does not extend to rehabilitation, reconstruction or development once
the conflict is over. In the context of the former Yugoslavia, ICRC has
set up programmes providing hospitals with surgical supplies and basic
medicines for chronic illnesses but it is not involved in psychological
treatment programmes, whether for rape victims or otherwise.
52. In addition to providing protection and assistance to victims of armed
conflicts, ICRC has a mandate to remind the parties concerned of their
obligation to comply with the rules of international humanitarian law. The
act of rape constitutes an extremely serious violation of international
humanitarian law, and breaches several articles of the Geneva Conventions.
However, ICRC has pointed out that it can in no circumstances be regarded
as a commission of inquiry as it wishes to safeguard direct access to
victims in order to continue its work in their favour.
53. Since the beginning of the conflict in the former Yugoslavia, ICRC has
repeatedly called on all parties to comply with international humanitarian
law, particularly those provisions pertaining to the treatment of prisoners
and civilians. The main priority of ICRC is to ensure greater respect for
human rights for the entire population and to guarantee the right to
humanitarian assistance. With regard to the conflict in Bosnia and
Herzegovina, an agreement was reached at Geneva on 22 May 1992 under ICRC
auspices, whereby the parties undertook to comply with some provisions of
the Fourth Geneva Convention. In particular, the parties undertook a
commitment to comply with common article 3 of the four Geneva Conventions,
which prohibits, among other things, violence to life and person, cruel
treatment and torture and outrages upon personal dignity. This provision is
understood to cover acts of rape and sexual abuse.
54. In terms of the incidence of rape in Bosnia and Herzegovina, ICRC
staff have expressed their great distress at accounts of rape in the
international media although very few such cases were reported to ICRC
staff directly. This may reflect the general underreporting of such crimes
owing to the stigma attached to them and possibly also to fear of reprisals
whilst the victims remain in the territory of Bosnia and Herzegovina.
C. International Federation of Red Cross and Red
Crescent Societies
55. At the present time the International Federation of Red Cross and Red
Crescent Societies reaches some 835,000 beneficiaries in the territory of
the former Yugoslavia through its relief and social assistance activities.
These activities encompass a comprehensive social welfare programme which
is carried out by local Red Cross societies in the republics with the
support of the International Federation. This programme provides
psychological and social assistance to victims of war and includes
counselling support to victims or witnesses of rape, torture, violence and
the general traumatic effects of war. Provision of support for raped and
abused women falls within the general framework of the social welfare
programme and, although statistics are not available, they are clearly
beneficiaries of the International Federation's activities.
56. By March 1995 the social welfare programme was operative in all the
republics except Bosnia and Herzegovina. By far the largest programme was
in Croatia where some 53,000 beneficiaries were catered for by 130 local
staff and 3 delegates. The appeal for the 1995 social welfare programme
was for over 4.5 million Swiss francs. The International Federation plans
to end the social welfare programme in Croatia in November 1995, whilst
continuing the programmes in the other republics.
D. Other governmental and non-governmental activities
57. This section contains a brief review of the extensive activities
undertaken by NGOs, both local and international, usually with the support
of government funding. Mention has already been made of many NGOS working
under the auspices of UNHCR and with UNHCR funding (see paras. 34-38
above).
58. Amica, an NGO, is active in Bosnia on women's issues at Tuzla and
Zenica. Medika, a German NGO, is engaged in tracing victims of rape and
providing housing and specialized care, particularly to those who have
borne children and suffered rejection by their families. Norwegian
People's Aid, noted in paragraph 35 with respect to projects carried out
under the direction of UNHCR, supports at least eight local projects
concerned with raped and abused women, such as the Women's Centre at Zagreb
and the Medical Centre for Human Rights, which provides mobile psycho-
social health teams to work in Croatia and Bosnia and Herzegovina aimed at
assisting victims of sexual violence. Other NGOs continue the work of
documenting and investigating cases such as the Centre for Human Rights (a
member of the International Society for Human Rights) at Medugorje.
59. The following information concerns projects specifically funded by
Governments and is by no means exhaustive. Because of severe time
constraints it was not possible to contact all States concerning their
support of programmes to assist raped and abused women and the references
made here are merely an indicator of the type of work being undertaken.
60. The contribution of the Government of Denmark to projects in the
region includes the financial support of social programmes at Tuzla and
Zenica that are implemented by the Danish Refugee Council and the Danish
branch of Save the Children Fund. These projects include activity centres
for female refugees where they may learn skills and receive psycho-social
support. Denmark has provided the necessary finance for two Danish
psychologists to be attached to the European Community Task Force psycho-
social project concerning women and victims of torture, and has also
financed psycho-social projects at Jablanica.
61. The Government of Sweden has funded projects in this area such as one
organized by a non-governmental organization known as "Kvinna Till Kvinna"
(Women to Women) which operated at Mostar and Zagreb. This caters for
women suffering from traumatic war experiences in general, including raped
and abused women. The Government of the United Kingdom has provided
considerable financial support to Marie Stopes International (see para.
35). The Government of the Netherlands has also helped finance the work of
this organization, as well as other initiatives such as the Medical Centre
for Human Rights at Zagreb. The Government of Germany supported a series
of projects, mainly at Tuzla, Zenica and Mostar, that provided assistance
to raped and abused women, amongst other activities.
IV. CONCLUDING REMARKS
62. Reports of rape and sexual violence constituting violations of
international humanitarian law continue to be received, although to a
lesser extent than earlier in the conflict. However, the international
community needs to remain ever vigilant to ensure that the sexual
atrocities against women, children and men do not reoccur on the scale
reported in 1992 and 1993.
63. It is difficult to assess the actual numbers of individuals who
suffered rape or sexual abuse; victims are often reluctant to report such
experiences owing to social stigma and fear of reprisals. Available
information indicates that rape has been committed by all sides to the
conflict. However, the largest number of reported victims have been
Bosnian Muslims, and the largest number of alleged perpetrators have been
Bosnian Serbs. There are few reports of rape and sexual assault among
members of the same ethnic group.
64. The many initiatives being undertaken by the international community
to address this problem indicate the degree of seriousness and concern with
which these abuses are viewed.
65. The international community has responded to the need to investigate
these acts through the activities of the Special Rapporteur of the
Commission on Human Rights on the situation of human rights in the
territory of the former Yugoslavia, the Commission of Experts established
pursuant to Security Council resolution 780 (1992), and the International
Tribunal for the former Yugoslavia. The activities of these bodies have
been assisted by the work of many NGOS.
66. Equally, the international community has sought to meet the physical
and psychological rehabilitation needs of victims through the extensive
action being undertaken by the European Community Task Force, UNESCO,
UNHCR, UNICEF and WHO, as well as many local and international NGOs.
67. Whilst there are many initiatives under way in this area, it is not
possible to assess their effectiveness in reaching and assisting victims of
rape and sexual abuse. First, it is not possible to establish the overall
number of victims. Secondly, it is not possible to estimate how many are
being assisted by rehabilitation projects, since many of the programmes do
not explicitly target such caseloads or, in the interests of
confidentiality do not keep records on them, in view of the sensitive
nature of the problem. Finally, even in cases where victims are being
assisted, it is not possible to assess how much they are being helped at a
personal level.
68. The activities being undertaken by the international community are to
be welcomed but caution must be exercised in assuming that the needs of the
victims are being adequately met. It is therefore hoped that the
international community will continue to devote attention to this problem.
Notes
1/ S/1994/674, annex, sect. II J, para. 109.
2/ S/1994/674, annex, sect. IV F, para. 313.
3/ E/CN.4/1994/4, para. 7.
4/ A/49/641-S/1994/1252, para. 11.
5/ A/49/641-S/1994/1252, para. 11.
5/ A/49/641-S/1994/1252, paras. 21, 4.
6/ A/49/641-S/1994/1252, para. 79.
7/ E/CN.4/1995/57, para. 19.
8/ E/CN.4/1995/62, para. 15.
9/ E/CN.4/1995/3, para. 8.
10/ E/CN.4/1995/42.
11/ E/CN.4/Sub.2/AC.2/1995/4 and E/CN.4/Sub.2/AC.2/1995/5.
12/ CEDAW/C/YUG/SP.1.
13/ CEDAW/C/CRO/SP.1.
14/ CEDAW/C/1995/3/Add.3.
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