A/HRC/17/22
11.
Ms. Tiberia explained the project’s assumptions that: (a) victims of sexual violence
suffered stigma when the assault was known about by others, thus stigma could be one of
the reasons for a victim to conceal the sexual violence experienced; (b) victims of sexual
violence were rational actors who made decisions about what was in their interest; and (c)
when it was possible to keep a sexual assault secret, a victim could calculate whether and to
whom to disclose information about the assault. Disclosing information had different
effects depending on whom the information was disclosed to (close friends or relatives, the
police or courts, service providers, human rights activists, customary leaders, anonymous
surveys, etc).
12.
Ms. Tiberia noted that the decision to conceal or disclose an assault was linked to
the characteristics of both the sexual assault and the victim. The victim’s age, sex, and
marital status, as well as the number of perpetrators, degree of violence used, and location
of the assault, influenced the reporting process. Data collection was similarly likely to
reflect cases with certain characteristics while missing others. She concluded with case
studies where different factors led to different results in disclosing or concealing sexual
violence.
13.
Ms. Holmes presented an analytical framing of conflict-related sexual violence,
crafted in response to Security Council resolution 1888 (2009). She recalled that resolution
1888 was a follow-up to Security Council resolution 1820 (2008), which recognized sexual
violence as an explicit tactic of war. Sexual violence is not collateral damage from armed
conflicts, but a crime per se, which could constitute a war crime, crime against humanity,
act of torture, or part of an act of genocide. The International Criminal Tribunal for the
Former Yugoslavia, the International Criminal Tribunal for Rwanda, the Special Court for
Sierra Leone and the International Criminal Court defined conflict-related sexual violence
to encompass sexual slavery, enforced prostitution, forced pregnancy, enforced
sterilization, or any other forms of sexual violence of comparable gravity, which may
include indecent assault, trafficking, inappropriate medical examinations and strip searches.
14.
Ms. Holmes presented a “six pillar test” designed to determine when sexual violence
is a security issue: (a) the crime must be of concern to the international community as a
whole; (b) command responsibility is entailed; (c) civilians are targeted; (d) there is a
climate of impunity – sexual violence is “normalized” after the conflict; (e) there are crossborder implications, such as displacement or trafficking; (f) there is a ceasefire violation.
Recognition of sexual violence as a security issue justified a response from a broad range of
actors, including peacekeepers, peacemakers, and humanitarian and development actors.
15.
Ms. Holmes recalled that Security Council resolution 1888 (2009) called for the
appointment of a Special Representative of the Secretary-General on Sexual Violence in
Conflict; the creation of a team of rapidly deployable experts to bolster national rule of law
responses; and better data to inform the deliberations of the Security Council, inter alia. A
number of practical challenges were highlighted: the unreliable sexual violence statistics;
difficulty engaging with non-State actors/armed groups; establishing command
responsibility; building public trust in post-conflict security institutions; the normalization
of rape as a chronic social problem; the threat of sexual violence as a barrier to women’s
participation in public life; and the logistical and infrastructural challenges to delivering
services to survivors.
16.
In the discussions that followed, the representative of Timor-Leste outlined some of
the challenges in effectively addressing violence against women and highlighted in
particular the limited knowledge about women’s rights and existing judicial and other
procedures and the underlying problem of lack of resources. He also wondered how the
issue of rape and other forms of sexual violence committed by United Nations peacekeepers
had been addressed and what measures could be envisaged to avoid impunity. The
representative of Colombia acknowledged the challenges with respect to systematic
5
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents