WGNRR at the 3 rd Africa Conference on Sexual Rights, Abuja, Nigeria 2008

1. WGNRR at the 3rd Africa Conference on Sexual Rights, Abuja, Nigeria 2008 www.wgnrr.org

2. LIMITED ACCESS TO JUSTICE FOR VICTIMS OF SEXUAL VIOLENCE IN CONFLICT SITUATIONS: A case study of the Genocide in Rwanda by: Usta Kaitesi (LLB,LLM, PhD researcher)

3. MURAHO FROM RWANDA

4. Summary of presentation • Sexual Violence during the Genocide in Rwanda: Scale, Causes, Objectives and Forms • Consequences of Sexual Violence for Survivors • What Has Been Done for Rwandese Survivors of Sexual Violence?

5. Sexual Violence during the Genocide in Rwanda: Scale, Causes, objectives and Forms • Scale of Sexual Violence • Almost all women survivors abused(OAU) • weapon of genocide • Causes and Objectives of Sexual Violence • Attacked on basis of ethnicity and gender • Women targeted specifically by the hate propaganda • Forms of Sexual Violence • Rape, gang raped, raped with objects; • Sexual mutilated, pouring acid in sexual parts, • Held in sexual slavery; • Deliberate transmission of HIV/AIDS

6. Consequences of Sexual Violence for Survivors • Survivors of sexual violence face • physical& psychological harm, • social isolation and stigma • economic consequences, • health complications • some got unwanted children, others resorted to self-induced & illegal abortions; • Many contracted STD’s including HIV/AIDS- today About 70% of the surviving women are estimated to have been infected with HIV

7. What Has Been Done for Rwandese Survivors of Sexual Violence?-justice and other approaches

8. The International Criminal Tribunal for Rwanda • Established 1994 to prosecute genocide, war crimes and crimes against genocide; • Its objectives: accountability; deterrence; & promotion of national reconciliation & peace • What has it done and how has it failed? • Ammended indictment due to women activists and recognised • Rape and sexual violence as genocide, definition for rape, Survivors only appear as witnesses, No reparations from tribunal • Threatening of the witnesses and survivors • Torturing system; laughing judge and troubling question e.g. .Did you touch his penis?. and .How was it • introduced into your vagina. • Judge it from its objectives: accountability? Deterrence? promotion of peace and reconciliation?

9. National courts and Gacaca Jurisdictions • National (classical justice system) • Following genocide specialised chambers in ordinary & military courts were established; • Category one offence; • Problem of evidence, victims don’t know exact abusers, threatening victims, • Cases were generally slow • No confessions for sexual violence neither witnessing irrespective of public nature of the offences

10. Gacaca Gacaca jurisdictions aspects of traditional community based dispute resolution- Elected Judges & active participation of people until todate no cases of sexual violence except for categorisation: why? Gender aspect of assumed protection of stigma attached Lead to non accountability

11. Challenges for the victims • Most are poor yet no reparations yet they need it for their survivor • They need housing, food, health care, school fees for them and their children • Reparation is recognised both nationally and internationally but there is no real enjoyment of this right due to financial lacking

12. Murakoze Thank you very much

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