A/HRC/16/44
sexual violence and harassment. During the 2004-2009 period, the mandate sent 26
communications regarding cases of rape, threatened rape, or other forms of sexual violence
and harassment against women defenders. However, of these, six communications
concerned abuses of this kind against LGBT activists.
87.
In 2005, the mandate sent a communication regarding the systematic use of sexual
and other forms of violence against women defenders in the Democratic Republic of the
Congo. Aside from this, two other cases of threatened and attempted rape were reported
from the DRC, along with one attempted rape of a women defender’s daughter in the
Central African Republic, and the threatened rape of an LGBT activist in Kenya. Sexual
assaults, including instances of gang rape in detention of LGBT activists, were also
reported in Ecuador, Honduras, Mexico, India, and Nepal. The alleged perpetrators of these
acts were mostly unknown/ unidentified but also included members of the police, military,
armed groups, or local members of the community.
88.
In certain cultural and social contexts, issues relating to rape and sexual abuse of
women remain taboo. Women working on such issues, including victims thereof seeking
redress, organizations representing victims or granting them shelter, and organizations
working with sex workers, among others, often face a hostile response from both society
and State as a result of their work. In this connection, 19 communications were sent
regarding defenders working on issues related to sexual abuse, rape, and prostitution. Of
these, six detailed alleged violations against rape victims seeking redress or publicizing the
issue, or their lawyers and two being sent to Pakistan, while others were sent to India,
Egypt, Saudi Arabia and Guatemala. The alleged violations in these cases included an
arrest, threats, harassment, and a travel ban.
D.
Protection mechanisms and security strategies
89.
This section summarizes the information provided by the different stakeholders
regarding the existing protection mechanisms in place and their responsiveness to the
specific needs of women defenders and those working on women’s rights or gender issues
as well as the strategies that they use to keep themselves safe. This information was
provided through the responses to the questionnaire sent by the Special Rapporteur to States
and other stakeholders.
1.
National protection mechanisms
90.
In general, responses received indicate that in the vast majority of cases there are no
specific mechanisms in place to protect women defenders and those working on women’s
rights or gender issues or, where they do exist, they are often hampered by a lack of
implementation, political will or gender-sensitivity.
91.
References were often made to general legislative frameworks, special programmes
and databases designed for the protection of women in general against violence and
discrimination. References were also made to programmes for the protection of victims
and witnesses in order to address the situation of women defenders and those working on
women’s rights or gender issues. While this is appreciated, the Special Rapporteur
considers that it is not sufficient to effectively address the particular challenges and needs
of this group.
92.
More specifically, existing protection measures and mechanisms are often limited
and lack a gender-specific approach. In the Americas region, it has been reported that one
of the most restricting factors affecting the efficiency of the current protection mechanisms
is that they do not recognize non-State actors as part of the group of perpetrators of
17
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