Laws influence behaviour. Robust laws are necessary not only to punish perpetrators of sexual violence but also to prevent new crimes and send a strong signal to would-be-perpetrators that it is no longer cost-free to commit such crimes.
Although over the past decades, many States have adopted or improved legislation to prevent and respond to sexual violence in conflict, significant gaps in legal frameworks persist.
Parliaments can play a critical role in shaping prevention and response efforts to sexual violence through legislation, oversight processes, budget allocation and advocacy.
Firstly, Parliaments can adopt comprehensive legislation that criminalizes rape and other forms of sexual violence as a war crime, a crime against humanity, or a constituent act of genocide; a transnational crime and a grave domestic crime.
Parliament can address the multiple gaps in legislative frameworks which include lack of provisions covering certain forms of sexual violence such as rape of men and boys; discriminatory clauses allowing the perpetrator to escape justice by marrying the victim; absence of victim and witness protection laws; and lack of provisions for reparations to survivors or to protect children born of sexual violence.
In addition to addressing these gaps, Parliaments must also ensure that laws adopted are survivor centered; that they recognize survivors as rights holders who deserve respect, in addition to physical and legal protection, holistic medical and psychosocial support, reintegration and rehabilitation services, as well as restitution. It is commendable that in March 2021, the Iraqi Council of Representatives enacted the “Yazidi Survivors Law”, to provide compensation and rehabilitative measures to Yazidi survivors of ISIL’s sexual violence and to other minority groups, such as Turkmen Shi’a, Christian, and Shabak communities who faced similar crimes.
In addition to law reform efforts, Parliamentarians need to advocate for adequate resource allocation. In most of the conflict and post-conflict settings, prevention and response to conflict-related sexual violence are severely underfunded. In a context where resources are being diverted to the COVID-19 pandemic, it is critical that parliamentary budgetary plans include specific appropriations to address prevention and response to sexual violence. Parliamentarians can also advocate for sexual and reproductive healthcare as an essential service, given lessons learned from past epidemics where more women died from lack of access to reproductive healthcare than from the disease itself.
Another critical role is parliamentary oversight, including through inquiries into incidents of conflict-related sexual violence and governmental response. Parliaments must also oversee the implementation of Government’s obligations under international and regional treaties, to ensure their compliance.
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Ladies and gentlemen,
Partnerships are essential to this work. Parliaments’ engagement with survivors as well as with civil society organizations, who are at the frontline of prevention and response efforts, can give agency back to survivors and ensure that Parliaments have vital information when crafting legislation. Parliamentarians must also consider engaging influential religious and cultural institutions to eliminate the deeply rooted stigma that surrounds sexual violence.
I am convinced of the potential that parliamentary action can bring to this agenda. I am very pleased to announce that my Office and the IPU will be signing a Framework of Cooperation on 19 June, on the occasion of the International Day on the Elimination of Sexual Violence in Conflict. On this occasion, my Office will also launch a Model Legislative Guidance on conflict-related sexual violence to assist Parliaments and other stakeholders in promoting survivor-centered law reform efforts.
My mandate stands ready to cooperate with the IPU in ensuring that Parliaments resolutely combat conflict-related sexual violence.