A/HRC/41/42/Add.2
58.
Of particular concern is the impact thereof on women and girls who were victims of
sexual violence, rape and torture during the conflict. Since its establishment in 2015, the
Truth and Reconciliation Commission has received more than 63,000 complaints of human
rights violations, and the Commission on the Investigation of Disappeared Persons has
received more than 3,000 complaints. Of these, approximately 300 are reports of conflictrelated sexual violence, indicating that many victims and survivors have not been able to
register complaints, and they are often afraid to do so for fear of repercussions.
59.
While noting the planned suspension of the statute of limitations on filing cases
relating to rape and other forms of sexual offences during the conflict through the bill to
amend the Enforced Disappearances Enquiry, Truth and Reconciliation Commission Act of
2014, the Special Rapporteur is concerned that the current provisions in the new Penal
Code of 2017, which extend the statute of limitations for registering cases of sexual
violence and rape, including those that occurred during the conflict, may still fail to provide
victims with adequate time to come forward. In addition, they may not wish to report the
crime for fear of reprisal or because they do not wish to relive the trauma that they have
suffered. The fact that a victim is required to submit a first information report at the police
office located nearest to the incident may also deter victims from reporting for fear of
coming face-to-face with the perpetrator.
60.
While sections 23 (A) and (B) of the bill to amend the Enforced Disappearances
Enquiry, Truth and Reconciliation Commission Act of 2014 recognize the right of victims
to reparation and stipulate that interim relief shall be provided to those who did not receive
support through the interim relief programme initially, the Special Rapporteur is concerned
by the fact that women affected by rape and sexual violence during the conflict have not
been able to register their cases as such or to gain access to interim relief packages,
compensation, reparations and other support services. Within the current framework of the
interim relief programme, only the relatives of individuals killed or forcibly disappeared
and those injured or disabled as a result of the armed conflict were granted interim relief
measures and monetary assistance. Women and girls who are victims of torture, including
rape and other forms of sexual violence, were not entitled to claim compensation.
61.
For this reason, the cases of conflict-affected women victims and survivors were not
reported effectively, and their stories have never been recorded or investigated. The Special
Rapporteur met with some of these women during her visit. She was deeply saddened by
the fact that the women and girls who suffered sexual violence and torture during the
conflict have not received interim relief measures, including medical or psychosocial
support or compensation, in particular as many have experienced significant health
problems, both physical and psychological, as a result of their ordeal. The fact that so many
of them were just girls at the time has had a significant impact on their ability to continue
their lives without additional medical support.
62.
The Special Rapporteur was informed that the adoption of the second national action
plan on Security Council resolutions 1325 (2000) and 1820 (2008) had been postponed,
which is another matter of concern. The first phase of the plan, covering the period from
2011 to 2016, was important, but it failed to recognize and act upon the needs and concerns
of women and girl victims and survivors, in particular victims and survivors of conflictrelated sexual violence.
63.
With the proposed amendments to the Enforced Disappearances Enquiry, Truth and
Reconciliation Commission Act of 2014, it is time for the Government to demonstrate its
commitment to ensuring that women and girls attain justice, including through access to
interim relief, and that their cases are investigated in a gender-friendly manner, while
guaranteeing protection for victims.
G.
Situation of women who encounter multiple and intersecting forms of
discrimination and violence
64.
During her visit, the Special Rapporteur paid special attention to the situation of
women and girls who encounter multiple and intersecting forms of discrimination and
violence and experience higher rates of all forms of violence against women.
13
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents