The African Union and Its Effectiveness in Implementing Womens Rights to Support Women Rape Victims - Essay Example

The African Union and Its Effectiveness in Implementing Women’s Rights to Support Women Rape Victims in Countries that have Signed the Maputo Protocol with Particular Attention to the Democratic Republic of Congo and Sudan Name: Professor: University: Date: Sexual violence targeting women and girls during armed conflicts is widely believed to be an extension of gender-based discriminations that already is there between women and men during the normal times. While it is true that the problems associated with conflicts affect everyone, women and children suffer a lot particularly in view of their weakness and vulnerability. This paper reviews the sexual violence against women during conflicts with particular reference to DRC and Sudan. It is now widely believed that the sexual violence against women and girls, particularly rape have been used as strategy of leading them to very many horrible effects (Njika, 2008). The effectiveness of legal frameworks in addressing the issue of sexual violence with reference to the Maputo declaration is also evaluated as a theoretical framework, thereafter proposing a suitable conceptual framework to address the issue. World over, attention has been drawn to the numerous challenges that women experience in spite of their critical role in the society. Of particular concern among these challenges is violence, which come in various forms namely; sexual violence, physical violence, verbal abuse and even psychological abuse. According to Koenig, 2003, domestic violence against women is very rampant, and the reasons fronted included, women questioning the actions of their husbands, infidelity or rejecting sexual advances. Currently, women are faced by an immense injustice of sexual violence, particularly rape, forceful marriage and indecent assault. Sexual violence in Africa has found a viable medium in the form of armed conflicts through which it is now perpetuated. War has exacerbated what is now an elaborate and serious crime against women. It is even worse to realize that these heinous acts involve even the security and army officers. In situations of such conflict, it is now obvious that women will be victims of sexual mutilation, forced pregnancy, sexual slavery and rape (Baker, 2010). The Humans Rights Watch Of 1999 that did inquiry into the genocide in Rwanda documented a chilling revelation of how women rape was widespread. These rape cases included use of objects such as sharp sticks and gun barrels. Besides, some women were held in sexual slavery while others were sexually mutilated. Democratic Republic of Congo (DRC) according to Amnesty International report of 2004 had 40,000 women forcefully raped by combatants in the period of 2000-2005. When the women undergo such ordeals, they are left to live with the negative consequences that follow rape. The women are left to live with the stigma of bearing children of rape and the stigma is even worse in communities where sexual purity is of great significance (Liebling-Kalifani, 2007). The agony that the perpetrators undergo is clearly meant to degrade the victims as well as the group that they come from. In some cases, the raped women are even killed so as to conceal the act. Sexual violence has irreversible psychological problem on women that manifests in various ways. The commission for Human rights Watch, 2004 observed that most children were stripped of their childhood innocence; young girls became mothers to children born as a result of rape. Mores sad was the revelation that some of these young girls were infected by HIV/AIDS. Human right violations that have been experienced by population of Democratic Republic of Congo particularly the sexual violence are numerous. According to International Center for Transitional Justice (ICTJ), over 23 per cent reported to have witnessed sexual violence while 16 per cent reported to have experienced it (Cifford, et al, 2008). Sexual violence in DRC was first experienced in the first war in the countries that culminated to the overthrow of Mobutu Sese Seko, and continued to the second war in Congo. Human Rights Watch researcher Van Woudenberg recorded that there was dramatic increase in the number of rape cases in DRC when armed conflict began between 1996 and 1997 and the period of second war from 1998 to 2003. According to a report by the all-party parliamentary group on the African great lakes, APPG, 38,000 people received treatment for sexual violence in United Nations Children’s Agency medical centers or its partners (Clifford, et al, 2008). Moreover, Congolese women groups sent a report to the UN Security Council in April 2008 indicating that aid groups and UN agencies in North Kivu documented 880 rape cases. The revelations in the said letter were indeed sad and worrying. It noted that the actual rape cases could have been more than what was reported due to the number of cases that went unreported as a result of fear, shame and impunity (UN, 2008). Van Woundenberge observed further that sexual violence in Congo has been a strategy employed by the security forces to frustrate and punish those communities that side or sympathize with their enemies. They do this in order to exercise control and bring about fear. It, therefore, is no wonder that the Government security apparatus committed almost a half of the rapes recorded in Congo in 2007 (United Nations, 2008). Similarly, the Country of Sudan has also experienced cases of sexual violence during conflict almost in the same fashion. The younger state in Africa, Southern Sudan in the recent case in which political conflicts has exposed women and young children to horrible experiences. Zainab Haw Bangura; UN, special representative on sexual violence in conflict, recounted how survivors and health care works told her heart breaking stories of rape, gang rape and forced marriage (Oarkford, 2015). Further, the UN special reporter narrated with sadness how the stories of women as old as 80 years, children at the age of 10 and a woman who just gave birth raped (UN, 2013). A report by Nobel Women Initiative, in partnership with the International Campaign to Stop Rape and Gender Violence in Conflict published in 2013, confirms that in Sudan, Women continue to face sexual violence. The group in their focus group discussion in Khartoum in 2012, they found out that even the women displaced in their homes and living in the camps are still vulnerable to rape. Several humanitarian organizations and civil societies reported various cases of sexual violence against women in Darfur. Medicine Sans Frontiers, for example reported that their health facilities in the area treated close to 500 women and girls for sexual violence related cases for a period of close to five Months in 2004( Human Rights Watch,2008) Maputo protocol and its effectiveness in addressing sexual violence against women. In the face of this sexual violence during conflicts in Africa, it is imperative to note that steps have been taken to address it by the leaders of Africa. As policy, African Union leaders to respond to the issue of gender discrimination and gender-based violence established framework, the Maputo Protocol. The protocol has progressive expressions that indeed capture the issue central to women rights and dignity. Article 1 of the protocol in its section (j) defines violence against women as ” all acts perpetrated against women which cause or could cause them physical, sexual, psychological and economic harm, including the threats to take such acts; or to undertake the imposition of arbitrary restrictions on or deprivation of fundamental freedoms in private or public life in peace time and during situation of armed conflicts or war” (AU,2003). Article 11 of the protocol is particularly specific to the protection on women in armed conflicts. The sections 1-4 of this article states the obligations of state parties which include; respect for international humanitarian law applicable in armed conflicts situations which may affects the population; especially women, protection of civilians including women in the event of armed conflicts, protection of women refugees and finally legislate initiatives to ensure that no child especially girls under 18 years of age take direct part in hostilities. Moreover, article 22 talks about special protection of elderly women, section (b) of the article gives the state parties the responsibility of ensuring that elderly women have a right. Additionally, the protocol is detailed providing among other things the particular legislations that will implement the protocol, ways of remedy, and the procedure for ratification. It is reasonably therefore the role of the various state parties to ensure the success and implementation of the protocol. With the absence of effective implementation as it is now, there are serious human right violations even with the presence of policies such as the Maputo Protocol. Women still experience sexual violence in their countries during conflicts. The African Union in its capacity as the regional organ established the protocol that ordinarily ought to be followed and implemented by state parties, however, they did not have put in place the strong institutional framework to ensure adherence to the protocol. Gaps within the literature The fact that there is no punitive mechanism in the protocol is an indication that it was a document at the discretion of the head of various states to adhere to it or not. Consequently, a serious gap requires further study in order to establish if indeed there is a political will to fight sexual violence and gender discrimination against women in Africa. The political will is necessary for the fight against sexual violence since it is now the government forces that commit rape and abuse women in their custody and in refugees camps( Baker,2013).Political violence has continued to be the source of conflict in Africa. Corruption within the Government systems has persisted with significant impunity that only serves to undermine the gains made in the fight against sexual violence. It is no wonder that the African Union has also noted that gender-based violence and sexual violence have deeper social roots since they already exist within the society and exacerbated by war and conflict(AU, 2008). Therefore, there is a need to investigate how corruption and impunity within the government system contribute to the problem of sexual violence among women. The better approach in responding to sexual violence against women in DRC Congo and Sudan As a conceptual framework, the governments, therefore, must adhere to the human right provisions and fundamental freedoms. There is a need within the AU to revise the Maputo protocol and factor in offences and their corresponding penalties. In so doing, there will be a compelling need among the state parties to implement the protocol. Moreover, the states are supposed to establish a democratic constitution that have comprehensive chapter on human rights; this will also enable the humanitarian organization assisting sexually violated victims in getting justice. There is also need for education on human rights among the security officers who are protecting the victims of war, furthermore, the need for peace and especially in the political system cannot be over emphasized. Various state parties should appreciate partnership and individual responsibility in the protection of women against sexual violence. This can be achieved if all parties among them the financial institutions, UN entities and civil societies support the strengthening of capacities of national institutions, especially the judicial and the health sectors. Indeed, it would be necessary to explore further by way of a study how the menace of sexual violence can be tackled through the various social avenues. Evidently, the present failures to do so have been noted and it is deliberate. Finally, the various states, with the inclusion of AU as a regional organ of governance, has a mandate to protect lives and rights of women. There is no better way to do so than to accept first that individual actions can constitute or contribute to international crimes that are punishable through international criminal justice systems. Bibliography UNICEF 2005.The impact of conflict on women and girls in west and central africa and the UNICEF response. Human rights watch 2004. Democratic Republic of Congo : Confronting Impunity, briefing paper by human rights watch, New York, January. United Nations, Report on the situation of Human Rights in Democratic Republic of Congo, submitted by the Special Rapporteur, Ms. Luia Motoc,E/CN.4/2004/34.United Nations, New York, 10 March 2004. United Nations, Report of the Secretary General on ways to combat subregional and cross-border problems in West Africa. S/2004/200,United Nations, New York,12 March 2004. Buss. D, lebert .J, Rutherford.B, Sharkey.D, and Routledge.O. 2014. Sexual violence in conflict and post conflict societies: international agenda and African context. Njita K 2008, sexual violence against women and girls in situations of armed conflict and the protection accorded to them under international humanitarian law, wth particular preference to democratic republic of Congo and Sudan. University of western cape. South africa. Terry .G, Hoare.J 2007. Gender based violence. New York: oxfam Clifford .L,Eichstadt.P, Glassborow.K, Goetze.K, and Ntiryica.C 2008, special report on sexual violence in the Democratic Republic of Congo. Institute for war and peace reporting,the Netherlands. Nobel womens initiative 2011. War on women: time for action to end sexual violence in conflict. Physicians for human rights with Harved humanitarian initiative 2009. Nowhere to turn, failure to protect, support and assure justice for Darfur women. Cambrige, USA. Human Rights Watch 2008. Five Years on; No Justice For Sexual Violence In Darfur. Womens human rights in Sudan 2010. A gender based review and analysis of the Sudanese legal framework, the IRIS Center at University of Maryland, college park,. Namikas, Lise A. 2013. Battleground Africa: Cold War in the Congo, 1960-1965. Washington, D.C.: Woodrow Wilson Center Press. Oette, Lutz. 2011. Criminal law reform and transitional justice human rights perspectives for sudan. Burlington, VT: Ashgate. Oxfam GB. 2008. The Africa womens protocol: a tool to mobilise resources for financing gender equality and womens empowerment. Oxford: Oxfam GB. Asiimwe, Allen, Zahara Nampewo, Christine Butegwa, and Maria Magezi. 2010. Uganda baseline survey on the African Womens Rights Protocol: the Maputo Protocol : October 2009. Kampala, Uganda: Akina Mama wa Afrika (AMwA). Eichstaedt, Peter H. 2011. Consuming the Congo: war and conflict minerals in the worlds deadliest place. Chicago, Ill: Lawrence Hill Books. Guevara, Che. 2000. The African dream: the diaries of the revolutionary war in the Congo. New York: Grove Press. Hallward-Driemeier, Mary. 2013. Enterprising women expanding economic opportunities in Africa. Washington, D.C.: World Bank. Eboe-Osuji.C (2012). International Law and Sexual violence in armed conflicts. African union, “ African union gender policy” (2008), pg 26. UN General Assembly Third Committee resolution A/C.3/65/L.17/Rev.2 ( 2010) dated 2 November 2010,para 10 Security in Post-Conflict Africa: The Role of Nonstate Policing Bruce Baker. CRC Press, 2009 Sexual Violence in Conflict and Post-Conflict Societies: International Agendas and African Contexts Routledge African Studies Doris Buss, Joanne Lebert, Blair Rutherford, Donna Sharkey, Obijiofor Aginam. Routledge, 2014 International Law and Sexual Violence in Armed Conflicts. Volume 35 of International Humanitarian Law Series. Chile Eboe-Osuji. Martinus Nijhoff Publishers, 2012. The Impact of Conflict on Women and Girls in West and Central Africa and the UNICEF Response. UNICEF. UNICEF, 2005 Read More