OpenForum – a blog by the Health and Human Rights community

[Editor's note: This is a guest post written by Ms. Katherine Moloney.]

Sexual violence against civilian populations during armed conflict is recognized as a deliberate tactic of war, the gravity of which determines whether it is considered a war crime, a crime against humanity, or an element of genocide [see Statute of the International Criminal Court art 7.1(g) and art 8.2(b)(xxii); Security Council Resolution 1325 on women, peace and security (SCR 1325) para 11; Security Council Resolution 1820 on widespread or systematic violence in armed conflict paras 1, 4]. The widespread and systematic rape, sexual slavery, forced prostitution, and recruitment and kidnapping of civilians is at pandemic proportions in the Democratic Republic of the Congo (DRC). The majority of victims are children. By November 2008, World Vision spokesperson, Kevin Cook, and Save the Children spokesperson, George Graham, considered the DRC to be potentially the world’s worst place to be a child. The Congolese army is the single biggest perpetrator of sexual abuses according to a Human Rights Watch report published in July. This is despite commitments from both the government and the military that those found guilty of such human rights abuses would be punished. However, sexual violence offenses extend beyond the Congolese army to rebel groups, armed actors, and even UN personnel.

The deadliest war since World War II, the forgotten conflict in the DRC as been particularly devastating for women and children, who remain targets of sexual violence. These attacks are frequently exceptionally brutal, including gang rape, rape with a weapon, and rape accompanied by serious bodily harm. The medical consequences include death from injuries, contraction of HIV, pregnancy, or the development of a fistula. The psychosocial impact can be just as serious. Victims face stigma and familial and social rejection or ostracism. This can restrict their access to education or marriage and leave them displaced and at risk of further abuse.

In March 2009, a Comprehensive Strategy on Combating Sexual Violence in the DRC was finalized by the UN Office of the Senior Advisor and Coordinator on Sexual Violence after consultation with key stakeholders. The four strategic components are the following:

1. Combating impunity for cases of sexual violence;
2. Prevention of sexual violence and protection of victims;
3. Security sector reform; and
4. A multi-sectoral response for survivors of sexual violence

Further, the Sexual Violence Research Initiative, an initiative of the Global Forum for Health Research, facilitated its first conference, SVRI Forum 2009: Coordinated evidence-based responses to end sexual violence, earlier this month. Held in Johannesburg, South Africa, the global event assembled 200 experts for the purpose of endorsing research, highlighting good practice in program design, and fostering increased partnership and network building in the field of sexual violence. Read more

A new campaign in Cameroon is seeking to bring more attention to sexual violence against women by encouraging survivors of rape to talk openly about their experiences. This campaign, led by the German development group GTZ, focuses on raising awareness of rape and incest, subjects rarely discussed publicly. GTZ estimates that as many as 432,000 women and girls were raped in Cameroon in the past 20 years, one out of five by a family member. To address this widespread violence, the campaign’s opening ceremony in the capital Yaoundé featured approximately 200 rape survivors; many of these women and girls publicly shared their stories. It is hoped that more open and public discussions of the experience and consequences of rape will shift societal views that tend to trivialize sexual assault.

The African women’s organization Akina Mama wa Afrika, which means “solidarity among women” in Swahili, met recently in Kampala to discuss new efforts to prevent violence against women in conflict and post-conflict areas of Africa. This group is seeking to improve legal and judicial systems to better protect the rights of women. They believe improved documentation of women’s experiences is the first step, as there is a critical lack of statistics surrounding these crimes. “Shame constrains many women’s actions,” says Annie Chikwanha, Senior Fellow at the African Human Security Initiative Institute of Security Studies. “Most times you have to seek permission of men to access the woman’s voice. Men insist on listening to the conversation. So the women feel constrained…” Instead, Chikwanha says, “it is women who suffer these atrocities so they should talk about them instead of a third party who can distort the information…let us empower women with skills to have these experiences documented.” Read more

Watson’s Atlas Map of Indian Territory (1886)

A startling 1 in 3 American Indian women will experience rape in her lifetime, according to the US Justice Department. Yet only federal attorneys can prosecute felonies like rape committed on tribal land – attorneys that are also responsible for terrorism and drug cases. The result: US attorneys decline to prosecute 75% of American Indian rape cases every year, according to NPR. Even if tribal authorities were able to prosecute rape cases, they would still only be able to prosecute members of federally recognized tribes. This poses a severe dilemma, since 86% of assailants are reported to be non-Indian. To address these issues, Congress is now attempting to strengthen the control of tribal authorities and increase the accountability of responsible federal agencies with the Tribal Law and Order Act of 2009.

While tribes maintain sovereignty through tribal police departments and tribal judiciary systems, the federal government holds the purse strings, and federal law still preempts tribal law in civil rights and criminal jurisdiction. Tribal law enforcement officials can’t prosecute non-Indian offenders, and even if a crime is committed by an American Indian, they can’t prosecute felonies like rape. Underfunding has also led to inadequate tribal law enforcement; in 2007, the Standing Rock Sioux Reservation had only 5 Bureau of Indian Affairs officers patrolling an area the size of Connecticut.

This may change — if the new bill passes. Introduced by a bipartisan group of senators, the bill would increase the authority of  tribal police by allowing them to make arrests for all crimes committed on tribal land, and to transfer prisoners to the Bureau of Prisons where the tribal government reaches an agreement with the Bureau.  It would also increase the accountability of federal agencies by establishing an “Office of Indian Country Crime” dedicated to enforcing federal criminal law committed on tribal land, among other provisions.

The bill specifically addresses the epidemic of domestic violence and sexual assault in that it would require the Indian Health Service (IHS) to implement policies and procedures for victims, establish concurrent jurisdiction to prosecute sexual assaults at the request of a tribe, and require the development of victim training programs for law enforcement and IHS personnel. The bill may not be a panacea, but giving tribes the authority to arrest non-Indians for federal crimes such as rape is an essential step in the protection of American Indian women against sexual violence.

See more links below the fold: Read more

Immigration detainees held under the custody of the U.S. Immigration and Customs Enforcement (ICE) are being denied the proper medical treatment they are entitled to by law and regulation. As immigration policies have grown stricter and federal agencies’ resources have grown increasingly strained since 9/11, the agency has lowered its healthcare standards to keeping immigrants healthy enough for deportation. The consequences for the health and rights of female detainees are especially appalling.

Recently, Human Rights Watch released a report that documents the unique struggles women face in accessing health care in detention. It documents reports of women who suffered from affronts to their health and dignity during detention, including inadequate care during pregnancy, having to beg and plead to get enough sanitary pads not to bleed through their clothes, or not being offered counseling after testing positive for pregnancy. In “Access Denied,” The Texas Observer highlights the denial of reproductive rights for the large number of detainees who are sexually assaulted; they are not identified when they come into ICE’s custody, nor are they informed of their options if they become pregnant. Read more