Distinguished participants, ladies and gentlemen,
In recent years, conflict-related sexual violence has emerged as a core element of the ideology and operation of some terrorist groups. The use of sexual violence to advance their strategic objectives has been noted in the modus operandi of groups such as ISIS, Boko Haram and Al Shabaab.
There are harrowing reports of how they used sexual violence as a tool of dehumanization : ISIS promoting the enslavement of women and girls as a form of currency in a shadow economy, generating revenue from sex trafficking, sexual slavery, and extortion through ransom; and Boko Haram using sexually enslaved women and girls as suicide bombers and human shields, or as currency for compensating fighters, as if women were expendable resources in the machinery of terrorism.
As Special Representative of the Secretary-General on Sexual Violence in Conflict, I have conducted field missions in Nigeria, Iraq, Somalia and Mali where I met first-hand with victims of Boko Haram, ISIL, and Al-Shabaab. Thephysical, mental, and emotional injuries inflicted on them are almost beyond comprehension. Survivors related their worst nightmares and shared with me their deep aspirations for justice as well as their acute need for medical, psychosocial and livelihood support. Unfortunately, for all these survivors, justice remains elusive.
In resolutions 2331 (2016), 2427 (2018), and 2467 (2019), the Security Council recognized the use of sexual violence as a tactic of terrorism and called for a robust survivor-centered judicial response to these crimes.
Unfortunately, sexual violence has been one of history’s most silenced and least condemned crime with women’s bodies as the unacknowledged casualties of war, impunity as the rule and justice the rare exception. Despite some progress in recent years, both in international and national prosecutions, the number of prosecutions remains shockingly low. Terrorist groups like ISIL and Boko Haram are the most recent and unpunished perpetrators.
It is a fact that the practical manifestations of CRSV have become more complex in the context of terrorism as violent extremist groups not only use CRSV, but also trafficking in human beings as a tactic of terrorism. The simultaneous and consecutive perpetration of the crimes of sexual violence, trafficking and terrorism creates a multifaceted criminality that needs to be addressed and I am grateful for the opportunity to share some views on this issue.
It is a fact that although sexual violence committed by terrorist groups can amount to or be a constituent part of a serious international crime, such as genocide, war crimes, and crimes against humanity; involve other transnational offences such as trafficking in persons; or amount to the gravest acts of sexual violence under domestic law, we have not seen a single successful prosecution anywhere in the world for the sexual violence committed by terrorist groups. Prosecutions, where they occur, remain mostly based on affiliation with terrorist groups. This leaves survivors completely out of the judicial process.
In Iraq, ISIS perpetrators are only being prosecuted on charges of terrorism under the Anti-Terrorism Act of 2005. In Nigeria, thousands of Boko Haram members are being prosecuted for terrorism under the Terrorism (Prevention) Act of 2011 with no charges related to CRSV. Neither has there been any prosecution under Nigeria’s ‘Trafficking in Persons Law Enforcement and Administration Act (amended in 2015)’, which criminalizes forced labor and sexual exploitation.
My office is deeply committed to addressing these gaps in the global judicial response to sexual violence perpetrated by terrorist groups and in ensuring that survivors are treated with dignity and respect. In line with Goal 16 of the SDGs, my Office supports national authorities in building stable and inclusive societies by reinforcing institutions that uphold the rule of law. Justice and the rule of law are essential for development. Accordingly, my priorities for the mandate include ensuring that justice and security sector institutions are equally accessible and responsive to women.
In this regard, the United Nations Team of Experts on the Rule of Law has conducted assessments of the institutional and technical capacity of national authorities to address sexual violence crimes and strengthen accountability in countries such as Iraq, Somalia, Nigeria and Mali.
Just as convictions have been secured for rape as a “weapon of war”, accountability must also be sought for rape as a tactic of terror failing which it will continue to be a very effective weapon for terrorists.
Let us be clear-this lack of prosecutions is certainly not due to lack of evidence or a lack of victims. Many are eager to testify. Although there are gaps in legal frameworks that present some challenges to prosecution, the diverse criminal acts committed by these terrorist groups are often covered under domestic law.
There is an over-reliance on expedient political prosecution and an unwillingness to break down silos within law enforcement among those working on serious international crimes, counter-terrorism, trafficking in persons, and sexual violence. Some judicial authorities have bluntly told me that it is easier to prove affiliation and secure a conviction.
Ultimately, it is about the human dignity violated by such atrocities. Only full accountability for the actual crimes committed, rather than general charges of affiliation, will do justice to the survivors of sexual violence and be a first step towards reconciliation and lasting peace. Survivors are entitled to have the crimes committed against them recognized.
Moving forward, it is critical that legislative frameworks be strengthened to address all these crimes. Procedural and evidentiary rules guided by a survivor-centric approach to protect the survivor’s dignity, must also be adopted. For example, as in international law, requirements for corroboration should be removed since the crime is committed in a knowingly coercive environment. It is in this spirit that my office has pioneered a knowledge product-a Legislative Guidance on CRSV- a tool to help national jurisdictions overcome obstacles in ensuring accountability for CRSV -a tool that covers the widest range of possible violations that can be adjudicated.
The Team of Experts has recently supported the elaboration of the draft Sexual Offences Bill in Somalia and the draft Survivors’ bill in Iraq to ensure effective reparations to survivors in addition to access to medical and psychosocial services and livelihood support. The Team of Experts on the Rule of Law is also available to provide technical support in the form of capacity building of investigators and prosecutors.My office is also working closely with the Office of Counter-Terrorism to ensure that survivors and their children born of rape, areidentified and supported rather than stigmatized.
We cannot continue failing survivors and communities torn apart by sexual violence perpetrated by terrorist groups. These unpunished crimes linger in the flesh and bones of survivors, in the fabric of society. Left unaddressed, they are allowed to fester and undermine sustainable peace and development.
Ladies and gentlemen,
We must remember that survivors of conflict-related sexual violence are entitled to dignity and respect. They must not be used solely as accessories to the State’s fight against terrorist groups. We must adopt policies for law enforcement and judicial officials to ensure that survivors are not prosecuted as terrorists; that security institutions do not commit sexual violence during counter-terrorism operations.
The Security Council has created the United Nations Team of Experts on the Rule of Law and Sexual Violence in Conflict, which unites several UN entities focused on justice, peace and security, and development, to work with national institutions to help improve their capacity to address crimes of sexual violence in conflict. Under my strategic leadership, the Team of Experts stands ready to support Member States address sexual violence committed in the context of terrorism.
Thank you.