WORKING FOR SOCIAL JUSTICE IN AFRICA
Building a Pan African Social Movement
Protection and reparations
for survivors
of sexual and gender
based violence
in the Great Lakes Region
www.acordinternational.org
CSW: NY
24th Feb 2011
ACORD
• Pan African organization working for social justice
in 17 countries in Africa
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livelihoods & food sovereignty
gender
HIV&AIDS
peace-building and conflict resolution
• practical activities with communities, research
and advocacy at all levels
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Background
• Violations against women have become normalised through
social norms, traditions, religions, culture
– This gives root to the culture of impunity to sexual abuse &
violation of girls & women.
• SGBV includes: rape, gang rape, physical & psychological
torture, domestic violence, etc
• SGBV increases where there is conflict and social breakdown.
These are compounded by new/emerging challenges
– the sub regional nature of conflicts and their spread across
borders,
– trafficking of persons across porous borders
– the particularly fragile states that lend them open to
manipulation
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background
Uganda:
68% of ever-married women
aged 15 to 49 years had
experienced some form of
violence inflicted by their spouse
or intimate partner
Kenya:
Uganda Bureau of Stats.
A gov. survey found 49% of
DRC:
1,200-1,600 cases of sexual
violence every month in
2009, of which more than
half are rapes
UNFPA study
Burundi:
In one medical centre in the capital city, MSF
records 27 cases of sexual & gender based
violence every week, and 1,366 deaths per year
CEDAW 2008 shadow report
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women had experienced
violence. A recent civil
society survey found this
may be as high as 75%
Kenya Bureau of Stats, FIDA
Tanzania:
In a rural area, 87% of
women had
experienced physical or sexual
violence at the hands of their
partner at some point in their
lives
WHO Multi-country study
MDG3 project on ending impunity to SGBV in ICGLR
countries
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ACORD is implementing an MDG3 project funded by the Dutch government
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5 countries – DRC, Burundi, Kenya, Tanzania, Uganda
Aim:
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Combat violence against women and girls
Challenge impunity &
Bring perpetrators of SGBV crimes to justice
Restore the health & livelihoods of survivors
Expected outcomes
 Cultural change & practice on impunity as it relates to SGBV
 Strengthen institutions & mechanisms of justice and uphold rule of law in protecting women and
girls against SGBV & punish perpetrators
 Facilitate reparation for SGBV survivors in conflict & post conflict situations
Among other activities we have undertaken 2 studies in the 5 countries
 Judicial audit of the legal frameworks as far as SGBV is concerned
 Study on the mechanisms of Protection and Reparations for SGBV survivors
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Protection and Reparations Study
AIM:
To develop model comprehensive policy guide that will inform
engagement by civil society and governments on: national commitment on the protection and reparation for women survivors of sexual and
gender based violence
 resource allocation for reparations of survivors of sexual and gender based violence
 integration in the transitional justice mechanisms
Methodology:
• Analysed formal and informal justice systems
 Their ability to address protection and reparations needs of SGBV survivors
 Institutions’ roles and responses in addressing protection and reparations for
SGBV survivors
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Interviewed – SGBV survivors, police, health institutions, judicial
officers and civil society working on human rights and women’s rights
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What is Reparations?
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The term reparations is not widely understood and is sometimes
interchangeably used with the word compensation.
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Yet effective reparations is much broader and encompasses the following;
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Restitution, compensation, rehabilitation, satisfaction and guarantees of non-repetition
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Restitution: - restoration of “status quo” – the situation before the violation
occurred.
– restoration of liberty, legal rights, social status, family life & citizenship
– Return to one’s place of residence, restoration of employment and
return of property
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Compensation: - covers any economically assessable damages resulting
from the crime.
– Physical or mental harm/pain & suffering, humiliation, lost
opportunities, loss of zeal of life, loss of social relationship,
– Costs required for legal assistance, medical care, psychological and
social services etc,
– Compensation may be financial or in kind
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What is Reparation? contd
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Rehabilitation: - includes medical & psychological care as well as legal
and social services for the victim
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Satisfaction & guarantee of non-repetition: - comprise putting in place
effective measures aimed at attaining the broader objectives of
reparation in the long term e.g.
– Revelation of the truth, Public acknowledgement of the facts and acceptance of
responsibility
– Search for the disappeared and identification of remains
– Restoration of the dignity of survivors e.g through commemoration
– Activities aimed at remembrance and education and at preventing the recurrence of
similar activities
– Reform of public sector institutions
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Reparations can follow civil or criminal legal action in the formal or in the
traditional justice system
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Reparations can be individual or collective
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Overall Study Findings
• The laws and institutions responsible
for the implementation do not provide
SGBV survivors with adequate
guarantees of a full and fair reparation
for damages suffered
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Father 8 Years Quest for Justice for
defiled daughter:
Case in Kenya
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He has been threatened, arrested, detained, and at one stage, had to flee from home,
fearing for his life. But these tribulations did not dampen Paul Rotich’s resolve to pursue
justice for his daughter, who was scarred for life after she was defiled. Former Kapsabet
Principal Magistrate John Njoroge sentenced the rapist, Jackson Kibiwott Langat, to serve
10 years in prison with hard labour, after being convicted of the offence. Langat initially
fled his home to avoid arrest, but he was nabbed when he returned after five years.
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But Rotich viewed the sentence as too lenient, and took it upon himself to file an appeal in
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the High Court. Rotich’s search for justice lasted eight long years, but he was tenacious.
Last month, Rotich was vindicated as the courts enhanced the sentence.
Rotich shed tears of joy when Eldoret High Court Judge Lady Justice
Philomena Mwilu, enhanced the sentence to 50 years.
(Article by Kimutai, in the Standard Newspaper)
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Paul Rotich’s case
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Daughter 5 years old defiled by a neighbor in 2002
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Traumatized at the sight of any man and her school performance has dropped
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Aged 14 today, she could not control her bladder as a consequence of the
defilement
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Rotich sold a piece of his land to pay for medical bills for his daughter to
undergo correctional surgery - cost almost 700,000 ksh (USD 8200)
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He sought justice for his little girl, a process that took 8 years
Paul finally got justice for his daughter but:
He is as traumatized as his girl, destitute and insecure.
Does he deserve protection and reparations?
Who is responsible to provide for these?
Paul’s case is an example that highlights existing gaps in the judicial system:
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Highlights of Key findings
1.
Specific laws addressing SGBV exist but with no specific provisions
for protection and reparations for SGBV survivors
 DRC: Two recent laws (2006) which amended the penal code of 1940 and the
criminal procedure code of 1959 –
 have no clear provisions of reparations.
 Reparations provisions are scattered in various legislations.
 Recent case: Colonel Kibibi Mutware sentenced to 20years but what provisions for
survivors?
 Tanzania: Sexual Offence Special Provision Act (SOSPA)
 legislates against SGBV crimes,
 provides for compensation in addition to fine and imprisonment of the perpetrator.
 However the nature of compensation for survivors is at the discretion of the court.
 Uganda: Penal code;
 decision to determine the amount of compensation (case of defilement or rape) is at the
discretion of the judge
 Kenya: Kenyan Sexual Offence Act (2006)
 No specific provisions of reparations
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Findings (continued)
2. Very weak institutional linkages thus not facilitating the proper collection and
preservation of evidence needed for successful court case; this hampers survivors to
claim for any form of reparations.
 chain of evidence broken/weak – (survivor - police - health practitioner – court)
 Lengthy processes, capacity gaps, insensitive to survivors plight, costs, distances, etc
 Weak collaboration among actors in the chain of evidence
3. Strong influence of traditional justice systems
 male dominated;
 biased towards collective responsibility rather than individual responsibility;
 collective measures for reparations in which the responsibility of the perpetrator is lost and the
needs of the survivor are ignored;
Examples:
Kenya Mijikenda community (Kaya elders) - fine imposed by elders to rapists does not
exceed 4,000ksh (50$) and is shared between the elders and the survivors’ family
Turkana: herds of cattle paid to the clan.
DRC: perpetrator forced to marry impregnated girl; slaughter chicken to repair the
damage done.
4. Insufficient political will to domesticate and implement ratified international instruments
into national laws (CEDAW, etc). Similarly there is insufficient resource allocation
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Findings (continued)
5.
Ignorance among the public and SGBV survivors’ on their rights to
reparations and the legal procedures to access justice
6.
Some positive initiatives geared towards enhancing protection and
rehabilitation of SGBV survivors noted:
 Establishment of rescue centers (Kenya, Tanzania)
 AVIFEM(Agence nationale contre les Violences faites aux Femmes),
 FONAFEN (Fonds de promotion et de protection de la femme et de l’enfant)
 STAREC (program de Stabilization et de Reconstruction des zones sortant de Conflicts (a UN
and DRC Government partnership initiative) in DRC
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Recommendations
1.
Enhance access to information on procedures and avenues for getting
information on protection and reparation for SGBV survivors
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2.
Need enhanced collaboration amongst various actors (along the chain of
evidence) for a holistic approach to SGBV reparations
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1.
Training of the personnel
Enhance institutional capacity – equipment, tools, etc
National governments should demonstrate political will by
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1.
legal education programmes on protection and reparation of SGBV survivor
Domesticating & effectively implementing international & human rights instruments on SGBV
Governments should put in place mechanisms for effective Reparations
– Establish Trust funds for SGBV survivors
– Support systems for survivors throughout the duration of proceedings
– Support systems for reparations to include both the direct and indirect
victims (e.g parents, dependents etc)
2. State allocation of resources to pay for claims of reparations (re.
DRC case)
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Recommendations contd.
• Create institutional mechanisms for prevention, protection and
reparation for SGBV
– Establish and strengthen national legal framework for
reparations
– Introduce human rights and legal training programmes
focusing on protection and reparations
– Allocate appropriate resources for the implementation of
legislation
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THANK YOU
MERCI
OBRIGADO
ASANTE
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