1. The Foreign and Commonwealth Office (FCO) welcomes The House of Lords Select Committee on Sexual Violence in Conflict and the opportunity to provide written evidence on our work over the last three years as well as our future plans for the Preventing Sexual Violence in Conflict Initiative (PSVI).
2. The appointment of the Right Honourable Baroness Anelay DBE of St Johns as the Prime Minister’s Special Representative (PMSR) for Preventing Sexual Violence in Conflict in June 2015 reflects the Government's continued determination to do all it can to end the scourge of sexual violence in conflict.
“Over the last five years, we have stood up for what we believe in….leading the world in tackling sexual violence in conflict….We will continue this leadership…. We will drive forward the Preventing Sexual Violence in Conflict Initiative.”
The Conservative Party Manifesto 2015
3. The FCO has achieved considerable progress since the launch of PSVI over three years ago. But there is still much more to do. Changing attitudes and behaviour is a long-term effort and will not be achieved by a single country or organisation acting alone. It will take the collective international effort of governments, international organisations, militaries, parliaments, civil society groups and individuals, including survivors. The FCO continues to work closely with the Department for International Development (DFID) and the Ministry of Defence (MOD) as well as supportive governments, international organisations and Non-Governmental Organisations (NGOs) around the world to develop and implement an ambitious programme of political and practical activity to (i) address the culture of impunity that exists for these crimes; (ii) increase the number of perpetrators held to account; and (iii ensure better support for survivors.
4. In recent years there has been growing international recognition of the critical need to address sexual violence in conflict. A series of UN Security Council Resolutions (UNSCRs) have condemned and called for an end to all forms of sexual violence against women and children in situations of armed conflict. States, the United Nations (UN), NGOs, the International Criminal Court (ICC) and practitioners have all made significant advances in prevention, protection and survivor support. Despite these efforts, however, sexual violence has continued to occur and reach new levels of appalling brutality.
5. Based firmly on the belief that the UK has the moral obligation and the diplomatic power to change this, on 29 May 2012 William Hague, the then Foreign Secretary, launched PSVI with the Special Envoy of the UN High Commissioner for Refugees, Angelina Jolie Pitt. The aim of the initiative is to raise awareness, rally global action, promote greater international coherence and increase the political will and capacity of states to do more to stop the use of sexual violence as a weapon of war.
6. In 2013 William Hague undertook to use the UK’s Presidency of the Group of Eight (G8) to ensure greater international attention and commitment to tackling the use of sexual violence in conflict through a clear political statement from the G8 of its determination to make real, tangible progress on the issue. On 11 April 2013, accompanied by Angelina Jolie Pitt and the Special Representative of the UN Secretary-General on Sexual Violence in Conflict (SRSG), Zainab Hawa Bangura, G8 Foreign Ministers adopted a historic Declaration on Preventing Sexual Violence in Conflict. The Declaration contains a number of key political, practical and legal commitments. This includes agreement from G8 governments that there should be no peace agreements that give amnesty to people who have ordered or carried out rape; that there should be no safe haven for perpetrators of sexual violence; and that rape and serious sexual violence in armed conflict constitute grave breaches of the Geneva Conventions, meaning that there is an obligation for states to search for and prosecute suspects regardless of nationality; and that there should be new efforts to ensure support and justice for survivors of rape and sexual violence. G8 Foreign Ministers also endorsed the development of a new International Protocol to improve global standards in documenting and investigating sexual violence committed in conflict.
7. Building on the success of the G8 Declaration, on 24 June 2013 William Hague hosted a debate during the UK’s Presidency of the UN Security Council on tackling sexual violence in conflict which focussed on the need to challenge the culture of impunity and promote accountability. A new UN Security Council Resolution (2106), which contains a series of actions to improve the UN response to sexual violence in conflict, was adopted. This was the first resolution on the subject in three years and was co-sponsored by 46 UN member states.
8. Recognising the importance of broadening even further the international coalition of support behind the campaign, on 24 September 2013 William Hague and SRSG Bangura jointly launched the Declaration of Commitment to End Sexual Violence in Conflict during the 68th session of the UN General Assembly. The Declaration was drafted with a number of Heads of State, Heads of Government and Foreign Ministers from a range of countries[1] who also worked alongside the UK to build wider support for the text.
9. The Declaration is action oriented, ambitious and expresses a shared commitment and determination to see an end to the use of rape and sexual violence as weapons of war. It has a clear focus on tackling impunity and accountability but also contains a set of wider political and practical commitments – many of which were the focus of discussions at the Global Summit. States also reaffirm in the Declaration that rape and serious sexual violence in armed conflict are war crimes and constitute grave breaches of the Geneva Conventions. The Declaration has so far been endorsed by 155 UN member states[2]. At the launch, William Hague invited all endorsing countries to join him at the UK-hosted Global Summit in June 2014 to identify how the international community could turn the provisions of the Declaration into a programme of practical action.
10. The Global Summit to End Sexual Violence in Conflict in June 2014 was attended by over 120 countries, 70 Foreign Ministers, over 100 NGOs, 900 experts from health, legal, military and academic fields, and many survivors. It was the largest meeting of its kind on the issue of sexual violence in conflict. Two years on from the launch of PSVI, the Global Summit was an opportunity to reflect on international progress and to galvanise further action by governments and other participants to deliver fundamental and long-lasting change on the ground.
11. The Global Summit departed from the standard format where states develop policy in private and without the direct involvement of experts and practitioners. Instead, events were designed to open up the debate, allow the widest participation possible and, in recognition of their critical contribution to decision making, give particular prominence to the voices of survivors. The Global Summit Fringe and other public events brought civil society and the public into the policy-making process. Thousands of members of the public attended the 175 Fringe events hosted by NGOs, civil society, international organisations and other governments. In addition, UK Embassies around the world hosted events over the 84 hours of the Global Summit to raise awareness, encourage other states to commit to action and contribute to a global debate.
“When William Hague, John Kerry, Zainab Bangura and Angelina Jolie made their closing statements to the End Sexual Violence in Conflict summit last year it felt like something had changed. The failure of the international community and national governments to act on rape and sexual violence in conflict up to that point had nothing to do with a lack of tools, knowledge or experience. As numerous speakers pointed out, the real brake on making a difference was political will at all levels….
The true value of the Summit was not about money pledged, but was about the long-term effects of setting a benchmark against which governments’ actions could be judged – including our own in the UK. In the end the only true measure of success will be if wartime rape and sexual violence ends. This will prove to be a generational struggle.”
Care International (June 2015)
12. The Global Summit was a milestone in bringing this issue to the world’s attention and encouraging others to act. It resulted in a number of tangible achievements and outcomes, notably:
13. Since the launch of PSVI there has also been a strong programme of UK-led practical action, including:
14. Throughout the development and implementation of the initiative the FCO has worked to ensure that PSVI is fully complementary with work by international organisations and civil society on this issue as well as that of other UK government departments on the broader violence against women and girls (VAWG) and Women, Peace and Security (WPS) agendas. The FCO has also sought to use the attention generated by PSVI to accelerate international action on these wider issues.
15. Sexual violence in conflict is a complex issue, involving a range of different social and cultural drivers, which require a multi-sectoral response. Delivering change in behaviour and attitudes will take time. The FCO is committed to continuing to work closely with all those who share our ambition to bring this barbaric practice to an end.
16. The UK’s leadership of PSVI has placed sexual violence firmly on the international peace and security agenda. Since the launch of PSVI there have been a number of developments in addressing sexual violence in conflict. Many of these were prompted by the Global Summit. They include:
17. In addition, a number of multilateral organisations have embedded or expanded their focus on sexual violence in their work. For example:
“The overall influence of the “Global Initiative to End Sexual Violence in Conflict” has been very visible and present in the field in Bosnia and Herzegovina. The Initiative focused on issues related to survivors of sexual violence from the war, and therefore put extra pressure on the Government to work on this issue from different aspects. For example, because of the Initiative’s commitment, cases of wartime sexual violence were finally taken more seriously and judicial institutions became more proactive in the investigation and prosecution of responsible perpetrators. The existence of the Initiative helped TRIAL as well as other NGOs in their daily work to improve respect for survivors’ rights.’’
TRIAL (2015)
18. The political campaign and programme of practical engagement has been underpinned by an extensive communications campaign. Since the launch of PSVI this has sought to raise the issue within wider public discourse and suggest an alternative narrative about what could be done to address these issues. The global social media and press campaign accompanying the launches of the G8 and UNGA declarations reached millions of people. Additionally, the FCO’s participation in the international campaigns “16 Days of Gender Activism” and “Peace One Day” highlighted UK leadership and the objectives of PSVI with influential activists, organisations and civil society groups. This was amplified in the run up to, and throughout, the Global Summit where our media and digital content was shared, liked and created by individuals and organisations around the world. The Global Summit Fringe was attended by around 19,000 people and the FCO’s overseas network organised over 180 events in the run up to the Global Summit which culminated in an 84 hour Global Relay of activity around the world. This resulted in an unprecedented level of attention on the issues of sexual violence in conflict and a global demand dialogue for further action.
19. The FCO is committed to maintain the momentum created by the G8 and UNGA Declarations. A particular area of focus is monitoring the delivery of political commitments through practical action. Both Declarations contain a broad range of commitments which reflect both the complexity of the issues and the differing capacities of endorsing countries to take forward political and practical implementation.
20. The G8 Declaration contains an undertaking to review its implementation. The Government of Canada is currently leading an exercise to review this progress. The FCO has contributed to this report which will be published later this year. To date, 155 countries have endorsed the Declaration of Commitment to End Sexual Violence in Conflict. Some of these governments made subsequent commitments at the Global Summit to End Sexual Violence in Conflict. Others have reformed their legislation, introduced new army codes of conduct or improved their military training. The FCO has not formally assessed each endorsing government’s compliance. But through our network of Embassies and High Commissions we seek regular updates on their progress in tackling sexual violence.
21. The Global Summit resulted in a number of tangible outcomes, notably:
(i) Committed to doubling (to $1 million) its funding for the US State Department’s Gender-based Violence Emergency Response and Protection Initiative, which provides urgent assistance to survivors of those threatened with gender-based violence.
(ii) Announced the launch of an accountability initiative, which will help survivors secure justice and build the capacity of partner governments to prosecute sexual violence crimes in conflict-affected countries.
(iii) Announced the expansion of the Safe from the Start initiative with a new funding opportunity for NGOs. The initiative supports humanitarian organisations to prevent and respond to gender-based violence at the onset of a disaster or a conflict.
(iv) Unveiled the US Secretary of State’s Policy Guidance on Gender, a directive to all embassies and bureaux to integrate gender equality and the advancement of women and girls into all policy and programming efforts, including preventing and responding to sexual violence in peacetime and conflict.
22. Through our overseas posts, the FCO has followed up on progress in the implementation of these commitments.
23. Permanent membership of the UN Security Council provides the UK with significant opportunities to shape international debate and activity on this agenda. For example, the 2013 Security Council debate hosted by Mr Hague and the accompanying Security Council Resolution (UNSCR 2106 (2013)) reinforced the centrality of tackling sexual violence as part of the UN’s core peace and security response. The inclusion of language on male victims of sexual violence – for the first time in a Security Council Resolution – was an important reflection of international recognition of this previously hidden issue. This has helped pave the way for subsequent work to respond to the specific needs of men and boys.
24. Security Council membership means that the UK has the ability to influence the detail of UN peacekeeping mandates and to ensure they take into account sexual violence issues as well as wider gender considerations. For example, we have worked to secure the inclusion of Women Protection Advisers in a number of peacekeeping missions, such as those in the DRC, Côte d'Ivoire, Somalia, South Sudan and the Central African Republic. The Advisers have played a critical role in establishing monitoring, analysis and reporting arrangements that have provided more reliable and timely information on the occurrence of sexual violence crimes. This information has proved crucial in encouraging local governments to act: in the DRC, for example, it has resulted in more prosecutions of The Armed Forces of the Democratic Republic of Congo (Forces Armées de la République Démocratique du Congo or FARDC) personnel and a reduction in the number of reported cases committed by them; and in CAR the authorities have agreed to establish a rapid response unit within the Gendarmerie to respond to allegations of sexual violence crimes.
25. Our membership also gives the UK the opportunity to raise sexual violence issues with the UN Secretariat and relevant UN agencies and to press them to take further action when necessary. This has included encouraging them to integrate sexual violence work into their wider country programming and to improve their co-ordination both in New York and on the ground in responding to specific conflicts or other crises. The FCO is working particularly closely with the Departments of Peacekeeping Operations and Field Support (DPKO and DFS) to strengthen their work on sexual violence and Sexual Exploitation and Abuse (SEA). The Secretary-General’s strong response to the allegations of sexual abuse by peacekeepers in the CAR is an indication this is taking effect.
26. The FCO is actively engaged in preparations for the UN’s High Level Review of UNSCR 1325. The UK wants the High Level Review to result in ambitious and meaningful commitments by all member states, regional organisations and the UN to improve implementation of the WPS agenda. This includes new commitments to act against sexual violence in conflict.
27. The UK has four priorities for the World Humanitarian Summit (WHS), including for it to have a strong focus on women and girls throughout. The FCO is supporting DFID’s work to use the WHS as an opportunity to ensure women and girls are front and centre of all humanitarian efforts, so that in all types of emergencies, assistance targets their specific needs. As part of this, the FCO also hopes the Summit will result in agreements on preventing sexual violence in conflict alongside humanitarian and wider emergency situations.
28. In addition to the WHS there are a number of upcoming international meetings where we will seek to secure ambitious PSVI outcomes. The PMSR will host an event at this year’s UN General Assembly on promoting attitudinal change to sexual violence. She will also host a meeting at the 32nd International Conference of the Red Cross and Red Crescent in December which will look at how to apply experience from work on sexual violence in conflict to wider humanitarian and emergency situations. We will also continue to pursue PSVI through the EU, AU, NATO and other multilateral fora.
29. There have been a number of significant developments by States, multinational, regional and other bodies since the launch of PSVI. Details of these are set out in paragraphs 16 - 17.
30. The FCO continues to work with the UN, AU, EU and other multilateral organisations to embed PSVI more routinely throughout their work. Building on the progress already achieved, the FCO will provide ongoing support to the SRSG and work with her Office to identify the scope for a more coordinated and complementary future programme of work, including on implementing of the International Protocol. We will press NATO and the EU to implement fully their PSVI action plans and regularly report on progress to Member States. We will also work with the AU to develop a similar plan by the end of 2015 that will (i) integrate PSVI across the AU’s peace and security and political work; (ii) identify how the AU can promote the International Protocol; and (iii) build on the UK funded deployment of sexual violence experts to the Central African Republic by creating a more effective roster of Africa experts who can be deployed in similar crises. Finally, we hope to encourage Germany, as next year’s Chair in Office of the OSCE, to secure a greater OSCE focus on PSVI, including OSCE support for human rights defenders and implementation of the International Protocol.
31. Current academic literature[3] identifies a number of explanations why acts of sexual violence in conflict occur. They are not mutually exclusive and there are disagreements between academics about the relative importance of each factor in absolute terms as well as their applicability in particular conflicts. UN studies, such as that conducted by the UN Development Programme as part of its research into “Addressing the needs of wartime victims of sexual violence in Croatia: An unresolved legacy of the 1991-95 war” show a similar pattern. The main explanations include:
32. There is no single explanation for acts of sexual violence in conflict and much depends on context. Studies show that perpetrators of sexual violence in conflict represent all groups and ages: male and female; adults and children; armed actors, e.g. members of the armed forces, rebels, militias, and civilians. A number of cultural and societal factors can contribute to both the use of sexual violence in conflict and responses to it. More research on these links and ways of addressing them would be helpful.
33. The FCO’s work to date in this area includes:
34. Changing cultural norms or societal factors is a long-term endeavour. It is too early to measure the full impact of the FCO’s interventions to date. Initial feedback from our partners, including survivors, is that raising these issues has begun a significant process of challenging a number of the assumptions which perpetuate sexual violence in conflict.
35. There is a wide body of research on ‘strategic rape’ or ‘rape used as a weapon of war’. A number of studies highlight the tactics used during the Bosnia and Herzegovina conflict in the early 1990s as an example. Other studies suggest that strategic rape is the exception rather than the rule.
36. A number of studies argue that sexual violence can be used to secure control through the spreading of fear, intimidation and a sense of vulnerability among the population of the territory the armed group may want to occupy or defeat. At a tactical level, they point to sexual violence as a means of reprisal or punishment against individuals, families and communities. In broader terms, studies suggest that group violence, such as gang rape, can serve an internal purpose for armed groups, by helping to encourage coerced coherence. A number of academics argue that ‘wartime rape is often not an intentional strategy of war and that it is more frequently tolerated than ordered’.[4]
37. Research also appears to suggest that a lack of disciplinary action or effective response through the chain of command can encourage sexual violence. In the DRC, for example, ‘a major part of the reason for the high levels of sexual violence appears to be that the military command system is too dysfunctional, disorganised, fragmented and corrupt to prevent undisciplined, and often underpaid, troops from indulging in opportunistic looting and rape on a large scale’[5].
38. In some cases research has shown that sexual violence has been used to forcibly displace populations, as seen in Colombia, DRC, Libya, Mali and Syria. In Colombia, sexual violence has been used to move people away from lucrative mining or agricultural zones or corridors used for drug trafficking. It can also occur across regions or borders. In Bosnia and Herzegovina, sexual violence was reported in conjunction with an effort to displace the civilian population by targeting ethnic groups from a particular region.
39. Some scholars suggest that war provides greater opportunity for sexual violence due to the weakening or breakdown of law and order. Other studies focus on the importance of men and of male combatants in particular, arguing that men will rape if given the opportunity, and that the aggression that characterises conflict makes rape and other forms of sexual violence even more likely. Other academics challenge these conclusions, arguing that the emphasis on opportunity and male aggression are inadequate explanations because they do not account for low incidences of sexual violence in some conflicts, or why females also engage in acts of sexual violence – whether participating themselves or inciting others to do so.
40. Ideas about the status of women and gender roles affect sexual violence before, during and after armed conflict.[6] Inequality is often demonstrated in attitudes towards the place of women in society and prevents their access to legal protection, security and economic empowerment.
41. The CEDAW Committee last examined the UK on its compliance in July 2013 and made a number of observations and recommendations. Since then, Ministers for Women and Equalities have written to relevant Ministerial colleagues to allocate clear departmental responsibilities for the delivery of their recommendations and to ensure their departments take effective action. The Government Equalities Office (GEO) established an official level cross-government group to ensure full compliance with CEDAW which meets bi-annually to monitor implementation of the CEDAW Committee’s recommendations. GEO also works to ensure compliance with CEDAW recommendations by the devolved administrations and with those Overseas Territories that have expressed an interest in having CEDAW extended to them.
42. The UK launched its third National Action Plan (NAP) on Women, Peace and Security in June 2014 at the Global Summit and the corresponding Implementation Plan was issued in December 2014. The UK has also, for the first time, commissioned a comprehensive evaluation of the NAP. The results of this evaluation will be available later this year and will be used to inform our future work on WPS.
43. The Building Stability Overseas Strategy (BSOS), launched in 2011 by the FCO, DFID and MOD, identifies how to prevent and end instability and conflict overseas. Following the launch of BSOS, the UK established an improved Early Warning System to inform early action to help prepare for and prevent conflict and created a £20m Rapid Response Mechanism as contingency funding to enable the UK to respond more effectively to new cases of conflict and instability. Examples of its use include short notice support to the Organisation for Security and Co-operation in Europe (OSCE) Election Observation mission in Ukraine and to the AU’s CAR Trust Fund.
44. In April 2015, the tri-Departmental (FCO, DFID and MOD) Conflict Pool was replaced with the £1.03 billion Conflict, Stability and Security Fund (CSSF). This draws together new and existing resources from across Government, under the strategic direction of the National Security Council (NSC), to promote peace and stability and to tackle threats to UK interests arising from instability overseas. This move from the Conflict Pool to the CSSF is part of a continuous process to improve the way funds are prioritised and spent when addressing conflict and stability overseas, building on the lessons learned from the Conflict Pool.
45. Current academic thinking points to a broad range of factors which cause or contribute to sexual violence, so it is reasonable to assume that a similarly broad range of measures is necessary to prevent these acts from occurring. Although academics have analysed why sexual violence in conflict takes place, it is not clear why sexual violence does not take place. This illustrates a clear and significant research gap: the vast majority of research has been based on where sexual violence has occurred rather than where it has not occurred. Greater analysis of this latter category would be useful in strengthening the research base. In the meantime, however, the FCO is:
46. A key element of the PSVI campaign has been to raise awareness of men and boys as victims as well as perpetrators of sexual violence in conflict. The 2013 G8 Declaration was the first high-level international document to recognise the particular needs of male victims. This was reinforced by the 2013 UN Security Council Resolution and the Declaration of Commitment to End Sexual Violence in Conflict.
“The G8 and UNGA Declarations were instrumental in raising awareness of these survivors of sexual violence and their need for targeted support. 62 countries around the world still don’t recognise male rape as a crime. Challenging this and the wider taboo that surrounds men and boys as victims will require long-term coordinated engagement in order to help men and boys access they support they need”.
Dr Chris Dolan, Refugee Law Project (September 2015)
47. UK funding to the NGO Medica Zenica in Bosnia and Herzegovina helped them secure the first ruling by a court of ‘civil war victim status’ for a male survivor, setting an important precedent. The man will consequently receive compensation from the State. The methodology contained in the International Protocol covers all victims, and FCO support to grassroots organisations and human rights defenders - such as the training being delivered along the Syrian borders - includes men as well as women and children. However, this is an area where the FCO would like to do more in the future.
48. Academic and other research has identified a broad range of non-State actors who perpetrate acts of sexual violence in conflict (see paragraph 32). These include non-state armed groups (e.g. rebel groups), civilians (e.g. intimate partners, relatives and acquaintances, community members, teachers, religious leaders) and other non-state actors (e.g. humanitarian workers). The FCO is determined that all perpetrators should be held accountable and FCO funded capacity building programmes, including training on the International Protocol, are clear on this approach. But one size does not fit all: the diversity of non-State groups requires a similarly diverse range of measures, tailored to specific actors in specific contexts, to prevent and mitigate acts of sexual violence in conflict (see paragraph 33).
49. These measures include work at the international level, such as that on the Women, Peace and Security agenda at the UN, or focussed more directly at country level in support of organisations with better access to non-State actors, such as the ICRC, or certain NGOs and other local actors. In Burma, for example, we have funded the NGO Geneva Call to provide education and training to various local non-State actors on the protection of women in armed conflict. Some of these local non-State actors have signed Geneva Call’s Deed of Commitment that allows signatories who cannot become parties to international treaties to undertake to respect international standards. Geneva Call supports and monitors implementation of the Deed of Commitment and also works with community-based organisations to build their capacity to monitor the commitments.
50. Human Rights Defenders (HRDs), particularly women human rights defenders, and civil society organisations are frequently at the front line of efforts to combat sexual violence in conflict. The G8 Declaration and the Declaration of Commitment to End Sexual Violence in Conflict call on states to provide more political and financial support to HRDs. This was also a prominent theme in discussions at the Global Summit. This support includes working more closely with HRDs in the delivery of national efforts to tackle sexual violence; lifting any legal and administrative restrictions on their work, such as on registration and access to international funding; ensuring that violations against HRDs are investigated promptly and impartially and that perpetrators are held accountable; and incorporating human rights training into educational programmes, especially for national security forces and the judiciary. We continue to promote these objectives.
51. Since the launch of PSVI the FCO has provided political and financial support to a broad range of HRDs and civil society organisations. Examples include:
“With the film BIRN managed to encourage not just women to speak up but most importantly several brave men who shared their experiences without any protective measures. The film made a huge impact on the chief prosecutor who later took statements from three victims from for the purpose of raising an indictment and punishing the perpetrators. In messages of support we receive on social networks it is evident the film continues to inspire other victims and professionals to come forward and speak up about wartime rape, which was unimaginable several years ago.”
Mirna Buljugic, acting director of BIRN
52. The most effective way of preventing outbreaks of sexual violence in conflict is to prevent conflict. The UK continues to develop and improve our early warning systems, to strengthen our ability to anticipate instability and potential triggers for conflict, allowing earlier, more effective responses to potential conflict.
53. UK early warning systems comprise an annual scan to assess risks of instability (the “CRI” - Countries at Risk of Instability report), together with a short term rising risks early warning system. The annual scan is primarily of use in helping to determine where upstream conflict prevention resources might be best directed. The short term early warning system is intended to alert ministers and senior officials to potential new/fast rising risks in a structured way to enable decisions on preventative action or crisis response. These systems draw on a range of sources, including the real-time insights of British diplomatic missions overseas.
54. The FCO recognises that turning early warning analysis into early action remains challenging. This is why we continue to develop and improve our early warning systems, and support early warning systems of our partners in multilateral organisations, at the EU, UN and AU.
55. For example, the UN uses a Matrix of Early-Warning Indicators of Conflict-Related Sexual Violence which assists field personnel in detecting and anticipating spikes in conflict-related sexual violence. The indicators prompt an analysis of changes in the operating environment, for instance in the mobility patterns of women and girls such as their absence from schools or markets, or in the conduct of armed groups, eg looting or their proximity to civilian centres. This analysis reports the location and timing of incidents as well as identifying possible patterns. Many of the signs are qualitative in nature, which implies that a lack of hard data (i.e. quantitative data like numerical counts and statistics) should not preclude action. The absence of the indicators does not necessarily prove an absence of sexual violence or a risk of sexual violence. Equally, these signs will not always lead to sexual violence. But observers should take into account the cumulative effect of relevant indicators in their overall reading of the environment. It is, therefore, particularly important that the indicators are read in conjunction with the relevant contextual factors highlighted in the Matrix.
56. This information can be used to alert not only international actors, but also communities at risk. The Matrix is currently being used by several UN field missions, including the UN Mission to South Sudan which has developed country-specific early warning indicators of sexual violence that have triggered, for instance, increased patrolling and dialogue with the relevant partners, including local groups, to try to prevent incidents occurring.
57. The UK has some of the most robust protections in the world against violence towards women and already complies with the vast majority of the articles in the Istanbul Convention, including those related to protecting women and girls. The Government takes its international commitments very seriously and will only commit to ratification when absolutely satisfied of its compliance with all articles.
58. One of the pre-requisites to ratification was the criminalisation of forced marriage. This was brought forward through the Anti-Social Behaviour, Crime and Policing Act 2014. Primary legislation will also be needed to comply with the Extra-Territorial Jurisdiction (ETJ) provisions in Article 44 of the Convention before it can be ratified. Article 44 of the Convention requires state parties to take ETJ in respect of each of the offences established in accordance with the Convention. The criminal law of England and Wales (and that of Scotland and Northern Ireland) does not ordinarily extend to conduct outside the realm. Specific statutory provision is required before any part of the criminal law can apply to conduct abroad.
59. Any extension of ETJ will apply to all relevant offences committed abroad and not just those that are perpetrated against women and girls. The Ministry of Justice is responsible for the criminal law in England and Wales and Justice Ministers are currently considering the extent to which we need to amend the criminal law for compliance with Article 44 prior to ratification of the Convention. The Home Office is liaising with the devolved administrations about ratification, including any necessary further legislative steps.
60. Encouraging greater international support for survivors in conflict and post-conflict situations is one of PSVI’s priorities. We have funded a range of projects through the Conflict Pool, the Conflict Stability and Security Fund (CSSF) and the Human Rights and Democracy Programme (HRDP) to help survivors of sexual violence access the necessary support to enable them to rebuild their lives.
61. At the G8 meeting in 2013, William Hague announced a commitment of £5 million over three years to support grassroots and human rights PSVI projects on PSVI and wider projects on violence against women and girls (VAWG). Between 2013 and 2015 the UK allocated £3.1 million of the HRDP to PSVI projects and just £500,000 to projects on wider VAWG activity. For 2015/16 we forecast a further spend of approximately £1.5 million and £440,000 respectively.
62. In many cases it is still too early to assess the full impact of our support. But some early results indicate the beneficial impact of our help. For example:
63. he stigma many survivors face prevents them from accessing the post-trauma support and services that they need. It is therefore encouraging that religious and social Yazidi leaders and Kurdish officials have called on the community to welcome back women abducted by ISIL, and religious leaders in Nigeria have called for compassion towards pregnant former captives of Boko Haram and for the children they will bear.
64. The FCO has worked to put survivors and their voices at the heart of PSVI in an effort to help address this situation. A key message throughout PSVI has been that the stigma for these crimes should rest with the perpetrators and not the survivors. At the Global Summit, survivors were involved in many of the Ministerial and policy discussions so that decision makers could hear directly from them about the impact of stigma on their lives and how to overcome it.
“Delegates from affected communities spoke powerfully about their experiences, not just as survivors but as lawyers, doctors, and community organizers with decades of experience combating this problem. It was a time for high-level decision makers to learn from their work and go back to their countries to finally prioritize this issue.”
Holly Dranginis, Enough’s Policy, June 2014
65. The Global Summit also encouraged its youth representatives to suggest how the younger generation could speak out against these crimes (see the short films[7] produced by the youth delegates from Mexico). The FCO has also engaged with other influential voices, such as faith leaders, and will continue to look for new and innovative ways to engage new voices in challenging sexual violence in conflict.
66. Despite some progress since the adoption of UNSCR 1325 fifteen years ago, there remain considerable challenges in delivering women’s full and equal participation in conflict prevention and peace building. For example, although the majority of the 90% civilian casualties in conflict are made up of women and children, only 8% of participants in peace negotiations have been women. Of the 585 peace agreements signed between 1990 and 2010 only 16% contained references to women[8].
67. The UK lobbies for the participation of women in all stages of conflict prevention and resolution. The UK leads on the WPS agenda at the UN and uses its position as a permanent member of the Security Council to promote the inclusion of women’s participation in UN Security Council resolutions, peacekeeping mandates and other documents. The UK supports UN Special Envoys and the Secretary General’s Special Representatives in their efforts to involve women in peace building and negotiation processes. The UK’s NAP Implementation Plan details our work to involve women in peace building efforts in our six focus countries of Afghanistan, Burma, DRC, Libya, Somalia and Syria. In Afghanistan, for example, the UK will continue to encourage female voter participation through training for female candidates and councillors, dialogue forums to foster wider support for women’s participation and the incorporation of gender issues in electoral plans. In Burma, we have provided funding to women’s groups, NGOs and the UN to help women participate more fully in the peace process and elections. We have also provided support more widely, such as to the Mindanao peace process in the Philippines through promoting women’s participation, endorsing the work of women’s grassroots organisations and empowering them to get involved.
68. There are various challenges to achieving implementation of the WPS agenda. These include a lack of political will, resource constraints and enduring social attitudes to the role of women which impede their economic, political and social participation. We hope this October’s High Level Review will result in a series of commitments by a broad range of governments to overcome these challenges.
For Questions 7, 7a, 7b & 7c MOD will provide a separate submission.
69. Peacekeeping plays a critical role in preventing conflict, mitigating humanitarian crises and extending state authority where state capacity is weak or contested. Under existing Protection of Civilians (POC) mandates from the UN Security Council, peacekeepers have an important role in protecting civilians from sexual violence. The conduct and discipline of peacekeeping personnel is extremely important. When acts of sexual exploitation and abuse (SEA) occur, they must be dealt with promptly and transparently in line with existing UN policies.
70. The UK’s peacekeeping objectives for the Global Summit were (i) to empower peacekeepers to take action under their existing POC mandates to prevent and stop sexual violence and (ii) to seek justice for the victims of SEA committed by peacekeepers by ensuring Troop Contributing Countries (TCCs) fulfil their existing obligations to investigate and prosecute their offending nationals. The UK is working with the UN to promote the highest standards of TCC behaviour. We have a long-term programme of engagement and training in place. This includes encouraging the Department for Field Support, the UN department dedicated to supporting peacekeeping and political field missions, to improve their accountability and transparency of TCC responses to allegations of SEA, based on various recommendations from the Global Summit, the UN Secretary-General’s February Report on Sexual Exploitation and Abuse and the UN’s Office of Internal Oversight Services (OIOS) June 2015 report. The UN Secretary General’s Peace Operations Review, published in July 2015, includes a number of further recommendations to ‘address abuse and enhance accountability’.
71. Addressing the culture of impunity has been a key objective of PSVI since its launch. The FCO has been clear in its messaging to perpetrators that such crimes will no longer be ignored. This also sends a strong message to survivors that the international community recognises the devastating impact that conflict has had on them and their communities and the importance of securing justice. There are a number of challenges in this area. In many conflict situations police and judicial systems are likely to be weakened or not functioning at all. Furthermore, victims can be reluctant to come forward due to the fear of losing their anonymity, stigma, punishment and the risk of reprisals by local actors. Poorly executed investigations can be counter-productive by exposing victims to greater risks and shielding those responsible.
72. Addressing impunity for sexual violence in conflict requires more effective delivery of justice at all levels. To meet this challenge, the FCO has worked to improve the capacity and capability of the judiciary, police, magistrates, prosecutors, advocates and lawyers, and to strengthen national, regional and international justice systems. Examples of projects include:
73. The International Protocol on the Documentation and Investigation of Sexual Violence in Conflict will also make an important contribution to building the evidential base for future prosecutions. As a practical guidance tool to support first responders on the ground in conflict areas in documenting and investigating rape and sexual violence, the International Protocol sets out the basic principles for the collection, documentation and storage of evidence and information of sexual violence as a crime under international law. It can be used by both state and non-state actors.
74. To date, the FCO has translated the International Protocol into French, Spanish, Bosnian, Arabic and Nepali (future versions include Albanian, Burmese and Serbian) and developed a set of training materials to support its use, regional training modules on how to implement the International Protocol in different local contexts and a series of bespoke training packages. We have begun a programme of implementation and carried out activities including:
75. This country-level activity is reinforced by our work to strengthen the capacity of the international courts and tribunals to prosecute crimes of sexual violence in conflict. In December 2014, the ICC Prosecutor, Fatou Bensouda, launched a new Sexual and Gender-Based Crimes Policy for her office. This policy, the first of its kind for an international court or tribunal, will help ensure the effective investigation and prosecution of sexual and gender-based crimes. The UK is a strong supporter of the Prosecutor’s work and the PMSR hosted an event with Sweden at the ICC Assembly of States Parties to promote the implementation of this policy.
76. A challenge for the ICC is securing sufficient co-operation from states to enable it to fulfil its mandate: the FCO continues to encourage both States Parties and non-States Parties to co-operate with the ICC. The FCO also continues to encourage states to ratify or accede to the Rome Statute and to enact appropriate implementing legislation.
77. For most of the FCO’s work on national justice programmes it is too early to assess the full impact of reforms. PSVI work with conflict affected states is tailored to the specific needs and priorities of those countries. In addition to the work outlined in the answer to Question 9 above there are a number of positive indicators, including:
78. In many cases it is too early to assess the full impact of justice reform programmes. However, the FCO has worked with a broad range of actors to identify areas of good practice or innovative approaches to reform of legislation or justice mechanisms and then to promote this knowledge. The Global Summit brought together a broad range of expertise from around the world so that experiences and lessons could be shared between participants. We have subsequently worked with other organisations to highlight and promote their activities. For example, at the Bled Strategic Forum in September 2015 the PMSR hosted a panel discussion with the Refugee Law Project, ICRC, NATO, the EU, the Government of Croatia and Medica Zenica which in part looked at the challenges facing survivors in securing justice for the crimes they have suffered. The FCO will continue to look for similar opportunities.
79. The ICC has completed three cases, two of which have included charges of sexual violence. In 2012 Mathieu Ngudjolo Chui was acquitted of war crimes and crimes against humanity, including sexual violence crimes. In March 2014 Germain Katanga was acquitted of sexual violence crimes but found guilty, as an accessory, of other charges of war crimes and crimes against humanity. All of the Office of The Prosecutor’s (OTP) original charges of sexual violence crimes, which characterised Katanga as a perpetrator, were dismissed by the Court due to insufficient evidence.
80. A number of cases currently before the Court include charges of sexual violence. The Court is currently deliberating in the case of Jean-Pierre Bemba, the former Vice-President of the DRC who is charged with war crimes and crimes against humanity, including rape. Bosco Ntaganda, allegedly a former Deputy Chief of the General Staff of the Forces Patriotiques pour la Libération du Congo (FPLC) from the DRC is charged both with war crimes and crimes against humanity, including the rape and sexual slavery of civilians and of child soldiers. In a ground-breaking development, Ntaganda has also been charged as having command responsibility for the rape and sexual slavery of child soldiers within his own militia group committed by other combatants and commanders of the FPLC.
81. A key lesson for the ICC OTP that the UK can draw from the Chui and Katanga verdicts is that it needs to increase the general quality of its investigations. In 2013, the OTP launched a new strategic plan which included putting more resources into investigations, and investing more in specialist resources. The UK has supported this change which should make the OTP more effective in prosecuting all crimes, including those relating to sexual violence.
82. In December 2014 the OTP formally launched its Policy Paper on sexual and gender-based crimes in which it declared its commitment to (i) integrating a gender perspective and analysis into all areas of its work, (ii) being innovative in the investigation and prosecution of these crimes, (iii) providing adequate training for staff, (iv) adopting a victim-responsive approach in its work, and (v) paying special attention to staff interaction with victims and witnesses, their families and communities. These measures should improve the OTP’s approach to sexual violence crimes.
83. The International Criminal Tribunal for the Former Yugoslavia (ICTY), International Criminal Tribunal for Rwanda (ICTR) and the Special Court for Sierra Leone (SCSL) have made ground breaking developments in the prosecution of crimes of sexual violence. Perpetrators have been convicted of enslavement, rape, torture, cruel and inhuman treatment, and outrages upon personal dignity, including rape, as violations of the laws and customs of war. The SCSL’s conviction of Charles Taylor, including for three charges of sexual violence crimes, demonstrated that, in this case at least, a former head of state could be held to account.
84. The ICTR Prosecutor has issued a comprehensive manual to identify best practices in the prosecution of sexual violence crimes in post-conflict regions. The manual draws on the OTP’s nearly 20-year experience in prosecuting sexual violence crimes perpetrated during the 1994 Rwandan Genocide. The ICTY is due to finalise guidance later this year for the future prosecution of sexual violence crimes at the international level as well as at the national level, particularly in the former Yugoslavia, again drawing on its experience of prosecuting such crimes over the last 20 years. Both of these initiatives will be of practical help to international and national prosecutors tasked with investigating and prosecuting similar crimes.
85. The PSVI Team of Experts (ToE) is part of HMG’s wider Civilian Stabilisation Group, which was created to deploy expertise on conflict, stabilisation and security issues at short notice to conflict-affected states. It is managed by the Stabilisation Unit. The ToE currently consists of 74 experts (of which 43 are women), including police, lawyers, psychologists, doctors, forensic experts, gender-based violence experts and experts in the care and protection of survivors and witnesses.
86. Since 2012 there have been 65 deployments from the PSVI ToE to 13 countries in support of 17 projects. Each deployment is tailored to local needs and circumstances. The ToE do not collect evidence or investigate sexual violence. Deployments are designed to complement and reinforce the work of others, including governments UN and NGOs. These deployments have been critical in building local, national, regional and international capacity to respond to sexual violence, highlighting UK subject matter expertise and demonstrating publically the strength of our commitment. These have included deployments to:
87. In addition, the PSVI ToE is helping to build the capacity of HMG on conflict-related sexual violence. This support includes deploying as gender advisers on UK and NATO military exercises, ensuring PSVI is integrated into the scenarios and providing thematic advice during the exercises; and developing a generic training manual on conflict-related sexual violence for the MOD and FCO to be used by the UK military.
88. The PSVI ToE will continue to focus on providing technical expertise to build the capacity of others: governments and civil society actors, including human rights defenders, as well as international and regional organisations. In 2015 the FCO and Stabilisation Unit reviewed the Team’s structure and make-up to ensure it has relevant expertise, skills and delivers value for money. Going forward, the FCO and Stabilisation Unit will work together to identify more strategic deployments, for example by using expertise to build sustained national capacity and to prioritise longer term and repeat deployments which represent better value for money.
89. Current deployment plans include maintaining the provision of expertise to Mali, continuing work on documenting sexual violence in the Syrian borders and the DRC, and deployments in response to the situation in Iraq.
90. The FCO’s work to implement the International Protocol is described in detail in paragraphs 73 - 74. The FCO continues to identify further implementation and training opportunities and to encourage the UN, AU and other international organisations to promote its use. The International Protocol has been welcomed by a number of organisations that are using it in the field. The FCO will work with them to incorporate feedback on its efficacy and suggestions for how future versions may be improved, in line with the commitment periodically to revise the text.
17 September 2015
[1] The “PSVI Champions”: Foreign Minister Bishop of Australia, Deputy Prime Minister and Foreign Minister Pusi of Croatia, Foreign Minister Baird of Canada, Foreign Minister Søvndal of Denmark, Prime Minister Gusmão of Timor-Leste, Foreign Minister Fabius of France, Foreign Minister Westerwelle of Germany, Foreign Minister Carrera of Guatemala, Foreign Minister Natalegawa of Indonesia, Foreign Minister Bonino of Italy, Foreign Minister Kishida of Japan, Foreign Minister Judeh of Jordan, President Sirleaf of Liberia, President Banda of Malawi, Foreign Minister Meade of Mexico, Foreign Minister Yun Byung-se of Republic of Korea, President Sall of Senegal, President Kikwete of Tanzania, Foreign Minister Sheikh Abdullah bin Zayed Al Nahyan of the United Arab Emirates, Secretary of State Kerry of the USA.
[2] Endorsing countries (as of September 2015): Afghanistan, Albania, Algeria, Andorra, Angola, Antigua & Barbuda, Argentina, Armenia, Australia, Austria, Azerbaijan, Bahrain, Bangladesh, Barbados, Belgium, Belize, Benin, Bolivia, Bosnia & Herzegovina, Botswana, Brazil, Brunei Darussalam, Bulgaria, Burma, Burundi, Cameroon, Cambodia, Canada, Cape Verde, Chad, Chile, Colombia, Congo (Republic of), Comoros, Costa Rica, Cote d’Ivoire, Croatia, Cyprus, Czech Republic, DR Congo, Denmark, Dominica, Dominican Republic, Egypt, El Salvador, Equatorial Guinea, Estonia, Ethiopia, Fiji, Finland, France, Gabon, Gambia, Georgia, Germany, Ghana, Greece, Grenada, Guatemala, Guinea, Guyana, Haiti, Honduras, Hungary, Iceland, Indonesia, Iraq, Ireland, Israel, Italy, Jamaica, Japan, Jordan, Kuwait, Latvia, Lebanon, Liberia, Libya, Liechtenstein, Lesotho, Lithuania, Luxembourg, Malawi, Malaysia, Maldives, Malta, Mauritius, Mexico, Monaco, Mongolia, Montenegro, Morocco, Mozambique, Namibia, Nauru, Nepal, Netherlands, New Zealand, Niger, Nigeria, Norway, Oman, Pakistan, Palau, Panama, Papua New Guinea, Paraguay, Peru, Philippines, Poland, Portugal, Qatar, Republic of Korea, Republic of Moldova, Romania, Rwanda, Saint Kitts and Nevis, Saint Lucia, Saint Vincent and the Grenadines, Samoa, San Marino, Sao Tome and Principe, Saudi Arabia, Senegal, Serbia, Seychelles, Sierra Leone, Singapore, Slovakia, Slovenia, South Africa, South Sudan, Somalia, Spain, Suriname, Sweden, Switzerland, Thailand, The FYR of Macedonia, Timor-Leste, Togo, Trinidad & Tobago, Tunisia, Turkey, United Arab Emirates, United Kingdom, UR of Tanzania, United States of America, Uganda, Ukraine, Uruguay, Uzbekistan, Vietnam, Yemen, and Zambia.
[3] Indicative bibliography:
Dara Kay Cohen, Amelia Hoover Green, Elisabeth Jean Wood, ‘Wartime Sexual Violence: Misconceptions, Implications, and Ways Forward, United States Institute for Peace Special Report 323, February 2013.
Human Security Report 2012, Sexual Violence, Education and War: Beyond the Mainstream Narrative (Vancouver: Human Security Report Group, 2012).
Sandesh Sivakumaran, ‘Sexual Violence Against Men in Armed Conflict, The European Journal of International Law, Vol. 18, No.2 (2007).
Save the Children, ‘Unspeakable Crimes Against Children: Sexual Violence in Conflict’, 2013
Inger Skjelsbaek, Preventing Perpetrators: How to Go From Protection to Prevention of Sexual Violence in War? PRIO Policy Brief, March 2013.
United Nations, Report of the Secretary General, Sexual violence in conflict, March 2013.
Elisabeth Jean Wood, ‘Variation in Sexual Violence during War, Politics and Society, Vol. 34, No. 3 (2006).
[4] Dara Kay Cohen, Amelia Hoover Green, Elisabeth Jean Wood, ‘Wartime Sexual Violence: Misconceptions, Implications, and Ways Forward, United States Institute for Peace Special Report 323, February 2013.
[5] Human Security Report 2012, Sexual Violence, Education and War: Beyond the Mainstream Narrative (Vancouver: Human Security Report Group, 2012).
[6] Commission on the Status of Women 57: Elimination and Prevention of all forms of VAWG – Agreed Conclusions http://www.un.org/womenwatch/daw/csw/csw57/CSW57_agreed_conclusions_advance_unedited_version_18_March_2013.pdf
[7] www.youtube.com/watch?v=ok-pvSHlePE , www.youtube.com/watch?v=HUj8A__nbLg
[8] Bell, Christine and C. O’Rourke, 2010, “Peace Agreements or Pieces of Paper? The Impact of UNSC Resolution 1325 on Peace Processes and their Agreements,” International and Comparative Law Quarterly, p. 59.