Sexual Violence

Baroness Hodgson of Abinger Excerpts

Tuesday 2nd April 2019 Grand Committee

Asked by

[Baroness Hodgson of Abinger]

To ask Her Majesty’s Government what assessment they have made of the adequacy of international mechanisms to hold perpetrators of sexual violence to account; and what steps they are taking to ensure justice for survivors.

[Baroness Hodgson of Abinger (Con)]

My Lords, I am pleased to have secured this important debate and I thank your Lordships in advance for taking the time to join the discussion on this pressing issue. Before I start I wish to declare my interests. I have been a member of the Preventing Sexual Violence in Conflict Initiative from the outset and I served as a member of the Sexual Violence in Conflict Select Committee. I also co-chair the APPG on Women, Peace and Security.

As the Preventing Sexual Violence Initiative sets out, sexual violence is frequently used for political ends both as a means of ethnic cleansing and to terrorise local populations. Horrifically, rape and sexual violence have been used throughout history as weapons of war in conflicts across the world. However, this has reached epidemic proportions today, and we hear horrendous stories coming out of Syria, Yemen, Iraq, South Sudan, DRC and among the Rohingya people to name but a few contemporary conflicts. Sexual violence destroys lives, tears families and communities apart, fuels conflict, creates refugees and will haunt those who suffer it for the rest of their days. As Margot Wallström, who was the special representative of the UN Secretary-General on sexual violence in conflict, said,

“it is unfortunately a very effective, cheap and silent weapon with a long-lasting effect on every society”.

Sexual violence is indiscriminate, affecting men and boys as well as women and girls, children and babies. Victims may contract HIV, women—although horribly damaged—may have to deliver babies born of rape, and one should never forget that gang rape can kill. All too often the perpetrators go free while the victims face a lifetime of shame and stigma.

The first time I came across this personally was when I visited Rwanda and went to talk to a church full of widows. The young woman who greeted me had lost her husband and one of her three children in the genocide, and she had contracted HIV as a result of being raped. She was gaunt and worried that she would leave her remaining children orphans. On another day in Rwanda I was taken to see a young man. He had been raped and had contracted HIV. He lived on the edge of a village, shunned by everyone because they knew about his condition.

I pay tribute to my noble friend Lord Hague, who in 2012 during his time as Foreign Secretary, launched the Preventing Sexual Violence in Conflict Initiative, or PSVI, alongside the Special Envoy of the UN High Commissioner for Refugees, Angelina Jolie. Although Security Council Resolution 1820, which was passed in 2008, recognises sexual violence as a tool of war, this initiative shone a spotlight on the issue, bringing it to global attention. It helped to promote international co-operation and increased the political will and capacity of states to do more. Some 155 countries endorsed the Declaration of Commitment to End Sexual Violence in Conflict, launched during the 68th session of the UN General Assembly in September 2013. These countries agreed that no peace agreements should give amnesty to people who have ordered or carried out rape, and an international protocol was established to set standards for the documentation and investigation of sexual violence in conflict.

In addition, the creation of the role of the Prime Minister’s representative for sexual violence in conflict was key, highlighting the importance of this work and driving it forward. I recognise the dedication of those who have held the office: my noble friend Lady Anelay and now my noble friend Lord Ahmad of Wimbledon, who will be responding to the debate. It is important that we have both female and male champions because it is not just a woman’s issue and we need male champions to support and help us. I also pay tribute to the work of my noble friend Lady Helic and others at the FCO, DfID and the MoD who have worked so hard on this initiative.

One of the major thrusts of the PSVI is to end the culture of impunity, shifting the shame from the victims to the perpetrators by bringing them to justice. Member states in the UN make increasingly strong statements calling for an end to impunity for conflict-related sexual violence. In April 2018, in the Security Council open debate on conflict-related sexual violence, SRSG Pramilla Patten flagged the impunity of perpetrators as a key issue, yet in spite of all the declarations and good intent, disappointingly few people have so far been brought to trial and prosecuted. The work of the Dr Denis Mukwege Foundation argues that:

“Despite an expanding legal framework against sexual violence in conflict, there have been relatively few cases at the international courts and tribunals”.


For example, the ICC’s first conviction for sexual violence crimes against former Congolese vice-president Jean-Pierre Bemba was made in March 2016, but it was overturned last June, so no reparations were awarded to victims and no justice was done. There are numerous other perpetrators in the DRC, which is often referred to as the rape capital of the world, but have any of them been held to account?

Today were are told that the Caliphate of Daesh in Iraq and Syria has been defeated. We have all heard about the fate of the Yazidis: so many women dragged away, sold to become sex slaves and multiply raped. I ask the Minister how many of these perpetrators have been charged with sexual violence. I understand that many ISIL fighters are being held in Iraqi prisons charged with terrorism but not sexual violence. If this horrendous weapon is not acknowledged in terms of the law, how will that deter others from committing sexual violence in the future and how will Yazidi women ever feel that the terrible crimes against them have been properly recognised and the perpetrators punished?

When Raqqa fell, fighters, many whom had committed war crimes, including sexual violence, were allowed to walk away. Was that agreed by the 79 partners of the global coalition against Daesh? We know that many of the Rohingya women escaping from the northern Rakhine State to Bangladesh have been raped. What is happening to hold people to account there? How can the UN and the UK put pressure on the Governments of Myanmar and Bangladesh to enable justice to prevail?

It is a sad situation that today it still appears that those who order or carry out rape and sexual violence in war can expect to get away with it. It would appear that the current global political and legal climates are not conducive to the goal of ensuring that survivors and the families of victims can seek justice and access to legal systems is shrinking. States in many conflict-affected areas have shown themselves to be either unwilling or unable to receive complaints, investigate or prosecute cases. Too often regional tribunals are slow to respond and few survivors have access to them. There is often little political will to establish international or hybrid courts for a variety of reasons, including cost and the time to deliver judgments. Access to international legal mechanisms such as the International Criminal Court is shrinking as member states do not ratify the ICC treaty—countries including China and the US—justified in a speech by Secretary of State Pompeo last month because he does not want American military or civil personnel to be prosecuted. Many countries affected by conflict, including Somalia, Iraq, South Sudan, Syria and Yemen, have not ratified the treaty. Referrals from the Security Council to the ICC are diminishing due to the veto. Meanwhile, member states are often restricting the national legislation which could allow investigations and prosecutions of grave and serious international crimes outside the jurisdiction in which they occurred.

Sadly, sexual violence is not only committed by non-state actors. During our Select Committee inquiry we received a considerable volume of evidence on the issue of sexual violence perpetrated by peacekeepers. The crimes were often exploitative and transactional in their nature, making them somewhat different from what I have been describing so far, but they are an abuse of trust and position. While I naturally commend the steps the UN have taken to date, the current system for holding peacekeepers accountable is still not working and lacks transparency. Can the Minister update us on what more can be done?

The PSVI initiative was always going to be a marathon rather than a sprint and it needs sustained effort. Will the Minister update us on the decisions and outcomes of the Wilton Park conference at the end of February on PSVI? Last year’s PSVI film festival was uplifting, poignant and challenging. I look forward to the PSVI international conference which the UK will host later this year, five years on from the 2014 global summit. This will be an opportunity to bring global attention to this important issue again.

I am grateful for being able to raise this issue today and to other noble Lords who will speak. With all the progress being made and attention on this issue, will the Minister say why justice for survivors of sexual violence in conflict-affected areas is so elusive? How can we best use the UK’s soft power and influence to ensure that adequate national and international mechanisms are put in place to ensure that the perpetrators of sexual violence are brought to justice and that the shame and stigma is shifted once and for all from the victims to the perpetrators? I end with the words of Iranian Nobel Peace Prize laureate Shirin Ebadi:

“We have to be a loud and clear voice for those whose voices cannot be heard. Under international law, rape is a crime against humanity—and it is our duty to work to bring impunity for such crimes to an end”.