TABLE OF CONTENTS
Content Page
Title Page i
Certification ii
Dedication iii
Acknowledgments iv
Abstract v
Acronyms xi
Codes, Statutes and Declarations xiii
Cases xv
Appendices xvi
CHAPTER ONE: INTRODUCTION
1.1 Background to the Study 1
1.2 Statement of the Problem 3
1.3 Objective of the Study 4
1.4 Research Questions 5
1.5 Justification for the Study 5
1.6 Scope of the Study 6
1.7 Methodology 7
1.7.1 Research Design 7
1.7.2 Collection of Data 7
1.7.3 Ethical Consideration 8
1.8 Operational Definition of Terms 9
1.9 Synopsis of Chapters 10
CHAPTER TWO: REVIEW OF LITERATURE
2.0 Introduction 12
2.1 Literature Review 12
2.1.1 Concept of Sexual Violence in Situation of Armed Conflicts 12
2.1.1.1 Meaning of Sexual Violence 12
2.1.1.2 Patterns and Forms of Conflict- Related Sexual Violence 15
2.1.1.3 Legal Interpretation of Sexual violence in Armed Conflicts 21
2.1.2 Effects of Wartime Sexual Violence on Women 25
2.1.2.1 Physical Effects 25
2.1.2.2 Psychological Effects 27
2.1.2.3 Socio- Economic and Cultural Effects 29
2.1.2.4 Death as a Result of Wartime Sexual Violence 32
2.1.3 Women’s Rights in the Context of Wartime Sexual Violence 33
2.1.3.1 Women’s Rights are Human’s Rights 34
2.1.3.2 Right to Life 35
2.1.3.3 Right to Freedom of Expression 35
2.1.3.4 Right to Education 36
- Sexual and Reproductive Health Rights 36
2.1.3.6 Right to Personal Dignity 37
2.1.3.7 Right to Humanitarian Protection 37
- Right to Reparation 38
2.2 Theoretical Framework 40
2.2.1 Victimology Theory 41
2.2.1.1 Explaining the Victimology Theory 41
2.2.1.2 Expectations of Conflict-related Sexual Violence Victims 45
2.2.2 Inevitability of Sexual Violence in Armed Conflicts Theory 49
2.2.2.1 Inevitability of Sexual Violence in Armed Conflicts 50
2.2.2.2 Paradigm Shift: Sexual Violence is not inevitable 62
2.2.3 Feminist theory 68
2.2.3.1 Brief Overview on the Origin of Feminism 68
2.2.3.2 African and Radical Feminism 69
2.2.3.3 AfricanRadical Feminist Theory and Wartime Sexual Violence 71
2.2.3.4Feminist theoryGaps in explaining Wartime Sexual Violence 72
CHAPTER THREE: INTERNATIONAL LAW AND WARTIME
SEXUAL VIOLENCE
3.0 Introduction 74
3.1 The Denunciation of Sexual Violence in Armed Conflicts 74
3.2 Legislative Measures Dealing with Sexual Violence in Armed Conflicts 76
3.2.1International Customary Laws 76
- International Humanitarian Laws 77
- International Criminal Rules 79
- International Human Rights Regulations 80
- UN Resolutions and Actions 82
- Regional and National Laws 85
- Gaps in the Legislative Measures Related to Sexual Violence in Conflicts 87
3.3 Prosecuting Wartime Sexual Violence 89
- International Courts Decisions 89
- Regional Tribunal Pronouncements 92
3.3.3 National Courts 92
3.3.4 Gaps in Prosecuting Wartime Sexual Violence 94
CHAPTER FOUR: THE SCOPE OF SEXUAL VIOLENCE
PERPETRATED AGAINST WOMEN DURING THE ARMED
CONFLICTS IN THE WESTERN REGION OF CÔTE D’IVOIRE
4.0 Introduction 101
- Description of the Area under Study and the Fight in the Western Côte d’Ivoire 102
4.1.1The Area under Study 102
4.1.2 TheConflict in Western Côte d’Ivoire 103
- Wartime Sexual Violence in Western Côte d’Ivoire 109
4.2.1 The Reality of Sexual Violence in the West during the Armed Conflict 109
4.2.2 The Modus Operandi of the Violence 114
4.2.3 The Targeted Women and Girls 125
4.2.4 The Perpetrators 129
4.3 Conclusion 133
CHAPTER FIVE: THE TRAUMA OF WOMEN, VICTIMSOF
WARTIME SEXUAL VIOLENCE IN WESTERN CÔTE D’IVOIRE
5.0Introduction 134
5.1Sexual Victimization of Women during Western Côte d’Ivoire Wartime 134
5.1.1 Victimized and Polyvictimized women 134
5.1.2 Revictimized women 136
5.2 Impact of the ill treatment on women 142
5.2.1 Physiological trauma 142
5.2.2 Psychological trauma 144
5.2.3 Rights violated 146
5.3Reactions of the Traumatized Rape Victims 147
5.3.1 Anger 147
5.3.2 Auto Defense 148
5.3.3 Silence 148
5.3.4Isolation and Relocation 150
5.3.5 Suicide 150
CHAPTER SIX: RESPONDING TO THE PLIGHT OF SEXUAL VIOLENCE VICTIMS IN WESTERNCÔTE D’IVOIRE ARMED CONFLICTS
6.0 Introduction 152
6.1 Government Reparative Measures 153
6.1.1 Legislative Measures 153
6.1.2 Judicial Decisions 161
6.1.3 Administrative Actions 166
6.2 Special Domestic Entities Reparative Actions 170
6.2.1 Actions of Communities 170
6.2.2 Churches Welfare Programs 172
6.2.3 Individual Voluntary Actions 172
6.3 Non-Governmental Organizations (Ngos) Reparative Assistance 173
6.3.1 Assistance to Victims 173
6.3.2 Creation of Awareness in the Communities 175
6.3.3 Challenges to NGO Actions 176
6.4 International Community Interventions towards Reparation 177
6.4.1 The Creation of Human Rights Division in UNOCI 177
6.4.2 Financial Support and Restoration 177
6.4.3 Trainings 178
6.5 Conclusion 179
CHAPTER SEVEN: SUMMARY, CONCLUSION AND
RECOMMENDATIONS
7.1Summary 181
7.2Conclusion 186
7.3Recommendations 186
7.4Contribution to Knowledge 189
7.5Areas for Further Studies 190 REFERENCES 191
APPENDICES 203
ACRONYMS
AFJCI: (French acronym) Association of Ivorian Female Lawyers
CEDAW: Convention on the Elimination of All Forms of Discrimination against Women
CI: Côte d’Ivoire
CONARIV: (French Acronym;Commission Nationale pour la Réconciliation et l’Indemnisation des Victimes.English Version: Ivorian Commission for Reconciliation and Indemnification of Victims)
DEVAW: Declaration on the Elimination of all forms Violence against Women
ECOMOG: Economic Community of West African States Monitoring Group
ECOWAS: Economic Community of West African States
HIV: Human Immune-deficiency Virus
ICC: International Criminal Court
ICTY: International Criminal Tribunal for the former Yugoslavia.
ICTR: International Criminal Tribunal for Rwanda
DPKO: Department of Peacekeeping Operations
DRC: Democratic Republic of Congo
IHL: International humanitarian law
IPS: Inter Press Service
IRIN: Integrated Regional Information Networks
J.Int. L: Journal of International Law
MONUC: United Nation Mission in Democratic Republic of Congo
NGO: Non-governmental organization
OCHA: Office for the Coordination of Humanitarian Affairs
OFACI: French acronym: Organization des Femmes Actives de Côted’ Ivoire;
English version: Organization of Active Women of Côted’ Ivoire
PAJEF: French acronym: Projet d’Appui et d’Accès à la Justice pour les Enfants et les Femmes Victimes d’Abus en Côte d’Ivoire, English version: Project providing help to women and children in their access to justice.
SCSL: Special Court for Sierra Leone
SRSVAC: Special Representative for Sexual violence in Armed Conflicts
ACRONYMS
UDHR: Universal Declaration of Human Rights
UFHB French Acronym: Université Félix Houphouët-Boigny,
English version: Félix Houphouët-Boigny University
UNDP: United Nations Development Programme
UNFPA: United Nations Population Fund
UNICEF: United Nations Children’s Fund
UNIFEM: French Acronym: Fonds des Nations Unies pour la Femme ( English: UN Women)
UNHCR: United Nations High Commissioner for Refugees
UNICEF: United Nations Children’s Fund
USAID: United States Agency for International Development
CODES, STATUTES AND DECLARATIONS
1863 United States Army Regulations on the Laws of Land Warfare, later called the Lieber Code
1907 Hague Convention
1948 Convention on the Prevention and Punishment of the Crime of Genocide
1948 Universal declaration of Human Rights
1949 Geneva Conventions
1949 Additional protocol to the Geneva Conventions Relating to the Protection of Victims of International Armed Conflicts
1984 Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment
1966 International Covenant of Economic Social and Cultural Rights
1966 International Covenant on Civil and Political Rights
1979 Convention on the Elimination of all Discriminations against Women
1993 Declaration on the Elimination of Violence against Women (DEDAW)
1993Statute of the International Criminal Tribunal for the Former Yugoslavia (ICTY)
1994 Statute of the International Criminal Tribunal for Rwanda (ICTR)
2002 The Rome Statute of the International Criminal Court (ICC)
2006Convention for the Protection of All Persons from Enforced Disappearance (CPPED
1981 African Charter on Human and Peoples Rights
2003African Union Protocol on the Rights of Women in Africa
2007Nairobi Declaration on Women’s and Girls’ Right to a remedy and reparations.
UNITED NATIONS RESOLUTIONS
1325 (2000), UNSC Resolution
1820 (2008), UNSC Resolution
1888 (2009), UNSC Resolution
1960 (2010), UNSC Resolution
2106 (2013), UNSC Resolution
2122 (2013). UNSC Resolution
IVORIAN LAWS
2000 Constitution of the Republic of Côte d’Ivoire
1981 Code Penal Ivoirien (Ivorian Penal Code)
CASES
Prosecutor v. Delalić et al. (Čelebići case), Judgement, Case No. IT-96-21-T, International Criminal Tribunal for the former Yugoslavia (ICTY), 1998
Prosecutor v. Anto Furundzija (Trial Judgement), IT-95-17/1-T, International Criminal Tribunal for the former Yugoslavia (ICTY), 1998.
Prosecutor v. Dragoljub Kunarac, Radomir Kovac and Zoran Vukovic IT-96-23-T& IT-96-23/1- T (Trial Judgment, International Criminal Tribunal for the former Yugoslavia, 2001)
Prosecutor v Akayesu (Jean-Paul), Trial judgment, Case No ICTR-96-4-T, ICL 90, (International Criminal Tribunal for Rwanda (ICTR), 2 September 1998).
Prosecutor v. Alex Tamba Brima &Ors – Judgment ( SCSL-2004-16-A ) [2008] SCSL 23 (22 February 2008)
Berenson-Mejia v. Peru, Judgment (IACtHR, 25 Nov. 2004)( Inter American Court of Human Rights, 2004)
Abdullah Aydin v. Turkey (57/1996/676/866), (Selected judgments of the European Court of human rights, 1966)
APPENDICES
Appendix Page
I Interviews Guides and Report of the Key Informants. 203
II BUHREC Ethical Clearance. 249
III Letter from the Researcher to the Ministry ofSolidarity, Family, Women and Children 250
IV Letter from the Ivorian Ministry of Solidarity, Family, Women and Children to Man’s Regional Director 251
V Letter from the Man’s Regional Director of the Ivorian Ministry of Solidarity, Family, Women and Children to the local offices of Tonpki, Guemon and Cavally 252
CHAPTER ONE
INTRODUCTION
1.1 Background to the Study
Sexual violence is the most common form of gender violence. It is considered by many societies as a gross violation of women’s rights. Sexual violence perpetrated in times of peace is aggravated in times of violent conflicts. From ancient wars to modern conflicts, the dehumanization and chastisement of a conquered people have included sexual assault against the enemy’s women, and sometimes its men. However, there are more incidents of women subjected to sexual violence in armed conflicts than men. The evil is perpetrated at various levels, macro, meso, and micro Some eminent scholars, such as Heineman and Vikman, assent that sexual violence is inevitable in all armed conflicts and as soon as war starts, women and girls are targeted.
Wartime Sexual violence against women encompasses various forms such as coerced undressing, forced nudity, rape, gang rape, sexual slavery, unwanted pregnancy, forced marriage, involuntary abortion, compulsory sterilization and undesirable prostitution.[4] Fighters and other individuals use the availability of arms as an “opportunity” during the breakdown of rules and social norms to attack women of all ages and walks of life including babies, girls, and women as old as eighty years.[5]
It has been observed that the effects of these atrocities on the lives of women persist. For victims of sexual violence in armed conflicts, when the guns are silent, their war continues as they struggle with both physical and psychological injuries.[6] Assessing the overwhelming effects of this unbearable situation, Cammaert strongly declared that “It has probably become more dangerous to be a woman than a soldier in armed conflict.”[7] Similarly, Ban Ki-Moon affirmed that “Violence against women is a crime against humanity, no crime more brutal.”[8] Thus, national, regional and international bodies are making some efforts to combat the scourge but the perpetration is still visible in almost all conflicts in the world.
It is within this confused state of affairs in conflicts that the Côte D’Ivoire (CI) crisis occurred. It was ten years of political unrest, escalating inter-ethnic tensions and violence that marred Côte d’Ivoire’s former reputation for stability and threw the country into a number of crises. There were two waves of armed conflicts, one set off in 2002 and the other, an aftermath of the presidential elections in 2010. Both led to massive population disturbances, displacing about thousands of people on each occasion.[9] During the conflicts, fighters assaulted several women sexually. The worst-hit areas were the western administrative regions of Cavally, Guenon, and Tonpki, that had the highest concentration of arms. It was often referred to as the “Wild West” by Non-governmental Organizations and journalists.[10] Women endured the hardest of the conflicts with the presence of fighters on all sides including mercenaries from neighboring countries especially Liberia. Usually, women’s fate was either to be killed or to be raped.
According to reports by several international and national NGOs,[11] sexual violence on women trapped in the Ivorian conflict zones was not only unremitting, but became so pervasive and systematic as to have reached dreadful levels of brutality and inhumanity. Higonnet reported that victims spoke of brutal sexual assaults on wives, sisters and daughters, that husbands, brothers and fathers were forced to watch or commit incest. Some were pulled off from transport vehicles and raped en masse. Fighters from both sides had also inserted guns, sticks and other objects into their victims’ genitals. Numerous women were captured and subjected to sexual slavery in rebel camps where they endured different forms of sexual abuse over prolonged periods of time. Resistance to captors was commonly met with awful punishments or death. Some sex slaves, daunted by their captors and other circumstances, felt helpless to escape their life of sexual slavery.[12] Also, the period of active armed conflicts in Cote d’Ivoire is over, however, Human Rights Watch disclosed that there are still cases of sexual violence related to the Ivorian armed conflicts perpetrated by former soldiers, even by peacekeepers.[13]
To address this situation, the Ivorian Government took some legislative and administrative measures. Also, the country adopted a four-year (2008-2012) action plan with regards to the United Nations Security Council Resolution 1325. The UN resolution was the first to address the impact of conflict on women during the conflicts and post conflicts periods. The resolution called on all states to take special measures to protect women and girls from gender-based violence, particularly rape and other forms of sexual abuse.[14] Notwithstanding those efforts, it seems that the measures remain mere resolutions leaving a big gap between de jure and de facto. In Cote d’Ivoire, the war may be over for the majority of the population but for the victims of sexual violence there is no difference.
STATEMENT OF THE PROBLEM
