Wartime sexual violenceone of historys greatest silences Un Security Council Resolutions 1325 and 1880

1. Wartime sexual violenceone of history's greatest silences Un Security Council Resolutions 1325 and 1880 Rima das Pradhan-Blach Senior Legal Consultant, International Commission of Jurists

2. �In no other area is our collective failure to ensure effective protection for civilians more apparent...than in terms of the masses of women and girls, but also boys and men, whose lives are destroyed each year by sexual violence perpetrated in conflict.� UN S-G Ban Ki-moon, 2007

3. A little about gender in Nepal�

4. Women in Nepal Gender-based discrimination is widespread and extends to: ownership of productive assets (such as cattle) access to resources like land and other property access to health and educational opportunities work burden access to public decision-making positions mobility overall cultural status.

5. High dependence on men Lack of food Lack of health care and education, malnutrition, iron deficiency Early pregnancy, frequent child bearing Most importantly, poor bargaining power to protect themselves from different kinds of violence, increases the vulnerability of girls and women.

6. Least empowered Dalit women Widows Women whose husbands have disappeared or left them

7. Gender and Social Exclusion A study conducted for Gender and Social Exclusion Assessment in 2005 found: 32 provisions that discriminate on the basis of religion, caste and ethnicity, and 176 provisions in 83 pieces of legislations that discriminate against women. UNFPA, 2008

8. Security Council Resolutions 1325 and 1880 This section modified from UNIFEM Paper: Women Peace and Security. Stop Rape Now, 2009 Women and Armed Conflict

9. Sexual violence perpetuates insecurity Women/girls targeted as a tactic of war to humiliate, dominate, instill fear in, punish, disperse and/or forcibly relocate members of a community/ethnic group. Sexual violence has been a tactic of choice for armed groups �cheaper, more destructive, easier to get away with than other methods of warfare.

10. Those least empowered suffer the most Civilians - majority of victims in �wars among the people�. Sexual violence under the radar of national, regional, international security institutions challenges conventional notions of �a security threat� side-lined as a �gender/women�s issue� invisible, under-reported a �random, private, inevitable by-product of war� Historical absence of formal accountability � communities blame/shame victims.

11. Economic, social, cultural, inter-generational impact Women cannot access food, fuel, water-points/markets Children cannot safely get to school Fuels vicious cycles of reprisal �War babies� ostracized Increase in the number of women-headed households Orphans

12. About 1325 UN Resolution 1325, adopted by the Security Council at its 4213th meeting, on 31 October 2000, concerns the protection of women and girls during armed conflict; and the promotion of a gender perspective during peace processes.

13. Key Principles of 1880 Women and girls must be protected from GBV and have their rights recognized both during and after conflict; A gender perspective should inform peacekeeping operations and peace agreements; and Women should be fully represented at all levels of peace processes and their role in conflict resolution and peace building enhanced. Source: UN Security Council 2000.

14. 1880 Essential to 1325 1820 is an essential supporting element for full implementation of 1325. Sexual violence in conflict can never again be dismissed as �collateral damage�. Sexual violence can be prevented with efforts to end impunity. Women�s physical security �even in the midst of war�is a right in itself and a pre-requisite to the realization of all other rights. Sexual violence prevention is inseparable from the empowerment of women. Women must be consulted and closely involved in all measures taken on their behalf. Sexual violence prevention and punishment is an obligation, not an aspiration.

15. Peace cannot be built on women�s silent suffering As long as women/girls live under this threat, security will remain elusive. High-level, principled signal that sexual violence is a peacekeeping priority. Raises the political, military and economic cost of such crimes.

16. Sexual Violence as a War Crime Affirms legal status of sexual violence as a war crime, crime against humanity and constituent act of genocide, in certain circumstances [OP 4] Calls for effective guidelines to help peacekeepers respond [OP 9] Requires exclusion of sexual violence from any amnesties reached at the end of conflict [OP 4]

17. States obligations States must prosecute or extradite alleged offenders Calls for States tostrengthen their judicial and health-care systems to better support survivors/capacity-building for sustainable assistance [OP 13]

18. What this means for Nepal? The Council - clear mandate to intervene, including through sanctions and empowering field staff. Demands parties to armed conflict to adopt concrete protection/prevention measures to end sexual violence, including training troops, enforcing military discipline, upholding command responsibility, vetting past perpetrators. Asserts the importance of women�s participation in all processes related to ending sexual violence in conflict, including peace talks.

19. UN Secretary General/UN S-G to strengthen efforts to implement �zero tolerance� policy on sexual exploitation and abuse [OP 7]; include protection of women/girls in country-specific reports [OP 9] S-G/UN agencies, through consultation with women, to develop protection mechanisms in/around camps; during DDR; in justice/SSR processes [OP 10]

20. Types of SGBV and Responses

21. Women & Armed Conflict in Nepal

22. Nepal Government�s Commitment As a signatory, Nepal's Government (GoN) has expressed its commitment to various international agreements and UN Conventions/Resolutions such as the: Convention on the Elimination of All Forms of Discrimination against Women (CEDAW) The Rome Statue of the International Criminal Court United Nations Security Council UNSCR 1325 (2000).

23. Armed conflict in Nepal Sexual violence - a tool to punish women for their alleged connection with either side of the conflict. Women, impregnated with children conceived in rape, had little recourse to safe abortion services. Women were often forced to give birth in unsanitary settings because health posts were regular targets of destruction. Women and girls have been trafficked out of conflict-ridden areas only to find themselves victims of sexual and domestic slavery in other parts of Nepal and India. The number of those who have been infected with HIV and AIDS as a result of sexual exploitation during the conflict is yet unknown. UNIFEM, UNITED NATIONS Development Fund for Women, "A Rapid Scan - Organisations Working on Women and Peace in Nepal", 2006

24. Post-conflict situation Women-headed households increase � disappearances, widows. No land or income Additional vulnerabilities such as: becoming victims of rape forced pregnancy sexual exploitation/trafficking, and increased risk of HIV and AIDS other exploitative situations

25. Women-headed households Men and young people migrated out of the country to avoid the conflict and seek opportunities abroad Married women left behind to care for children and the elderly, creating a heavy burden of responsibility. Nepali citizenship can only be passed down through the father, mothers who gave birth to children of displaced, missing or killed men were unable to confer citizenship on their children, creating a generation of 'stateless children'. House of Representatives on May 30, 2006 has endorsed a landmark proposal to ensure a woman's right to confer citizenship to her children.

26. Internally displaced people Exacerbated their challenges Due to discriminatory laws related to property and welfare, women became particularly vulnerable when they were driven away from their homes or when a husband or close male relative was killed or injured. Those entitled to compensation as a result of the loss of a husband who was, for example, a police officer, were often unaware of their legal entitlement.

27. Women combatants Repatriation of combatants Reintegration Truth and Reconciliation Commission � link to the Courts

28. Additional background

29. Why 1880 when we have 1325 Emphasize: sexual violence is within the remit of the world�s paramount security institution. Unanimously adopted, 50 co-sponsors. Statements by 42 countries; 27 expressly referenced the ICC/ending impunity. Countries described implementation of SCR 1325 as �uneven�: progress evident in some areas, yet sexual violence prevention/ response remains weak.

30. Complementarities Reaffirms commitment to continuing and full implementation of: SCR 1325 (2000) on Women, Peace and Security SCR 1612 (2005) on Children and Armed Conflict SCR 1674 (2006) on Protection of Civilians in Armed Conflict 2005 World Summit Outcome Document resolves, inter alia, to eliminate all forms of violence against women and girls); International humanitarian law (e.g. 1949 Geneva Conventions; 1977 Additional Protocols) International human rights law (e.g. Convention on the Elimination of All Forms of Discrimination against Women; the Convention on the Rights of the Child) 1995 Beijing Declaration and Platform for Action (Section E). SCR 1820 covers countries on the Council's agenda other countries GA Res 62/134 (2007) on Eliminating rape and other forms of sexual violence in all their manifestations, including in conflict and related situations. Also relevant: �1994 International Conference on Population and Development; �2006 Report of the Secretary-General, In-depth study on all forms of violence against women.