Crime: Sexual Violence

Lord Wallace of Saltaire Excerpts

Wednesday 6th March 2013 Lords Chamber

[Baroness O'Loan]

My Lords, I thank the right reverend Prelate for bringing this debate today. I have worked with women in conflict in many countries and I want to share some of the things that they say donor countries could do to help.

The UK Government in their engagement with the UN could contribute by seeking to place the issue of sexual-based violence on the agenda at peace negotiations. There can be no amnesty in law for rape and violent crimes in times of war. However, very little has been done not just to bring offenders to book but even to articulate that rape is a crime and action will be taken against those responsible. These issues rarely form part of peace negotiations and that is because the offenders are the people at the table and they have no interest in bringing the issue to the table. If supporting Governments, such as the UK, could make it clear that aid and assistance will only follow if women have a place at the negotiating table and if the peace agreement contains a clear statement about sexual violence and its consequences, this would provide a context for beginning to address the problem. The UK could also use its influence to promote compliance with the requirement that peacekeepers deal with their own perpetrators of sexual violence and most particularly that they deal with, and provide for, the UN babies—those born out of the conflict.

Another contribution that the UK is very well placed to make would be in the context of criminal investigation. Any complaint that a rape victim makes has to be in the context of local and national law. Women often have to accept that they have no access through criminal law courts and their only redress is through local laws. The Government could, in their aid packages, prioritise a functioning police and judiciary. Women in these countries express the fact that they need to be able to work closely with the social guardians to disseminate messages about GBV. They say that when church and state and any UN and EU peacekeeping units work together with the women to say these things, it works.

Women want recognition of the level and extent of that violence. They want databases established to demonstrate that. That will make self-evident the need to address the issue. They need to be able to report. They need a functioning police service. They need aid which will support the development of policing, with an emphasis on the need to provide for women. They need, above all, more than a desk and a computer in a sexual violence unit. They need cameras to photograph injuries. They need properly equipped medical services. They need medication. They need the capacity to carry out investigations. Most of all, they need a methodology through which forensic science facilities can be made available to produce, for example, DNA testing of semen left in women after rape. Properly retrieved and handled, that evidence can be conclusive. It may negate the need for investigation.

We have highly developed forensic science facilities. I am not suggesting the creation of labs across the world, but it should be possible to develop a system by which evidence could be sent to a forensic science lab for analysis and reporting. That might provide a breakthrough. Women would see that there might be some point in reporting; it would encourage and affirm them. Of all the issues that I have discussed with women in the third world, this is the one that they most want.

[Lord Wallace of Saltaire]

My Lords—

[Baroness O’Loan]

I apologise, my Lords.

[Lord Wallace of Saltaire]

My Lords, I know that we are very tight on time, but perhaps people will remember that when the clock shows two minutes, you have had your two minutes. Most people are taking a good two and a half minutes or more. Please can noble Lords keep their remarks brief.

--- Later in debate ---

[Baroness Northover]

My Lords, I, too, thank the right reverend Prelate the Bishop of Wakefield for securing this extremely important and timely debate. In this week of International Women’s Day, I am glad that we have this focus tonight and that so many noble Lords chose to contribute, albeit briefly.

The statistics on violence against women and girls are shocking. Globally, one in three women is beaten or sexually abused in her lifetime. In conflict and post-conflict situations, sexual violence can be even more widespread, as the noble Lord, Lord Parekh, pointed out. As the noble Baroness, Lady Eaton, the noble Lord, Lord Collins, and others have said, women and girls are the poorest and most marginal in society, with the least power. In conflicts, they are the most vulnerable. As the noble Lord, Lord McConnell, the noble Baroness, Lady Tonge, and others have pointed out, we also see rape being used as a weapon against the woman, her family, her community and her society. However, as the right reverend Prelate says, and my noble friend Lord Hodgson emphasised, we also see sexual violence against men and boys used to degrade and destroy. We see that now in Syria. The noble Lord, Lord Sheikh, rightly emphasised the stigma of rape.

How do we break the silence on this and change behaviours? Unless we do, we undermine the likelihood of peaceful resolutions. We know that sexual violence causes huge physical and psychological trauma. My noble friend Lady Hamwee referred to that. But it also exacerbates ethnic, sectarian and other divisions, further entrenches conflict and undermines efforts to restore peace and stability. It reduces progress towards the millennium development goals and represents one of the most serious forms of human rights violation or abuse. For all these reasons, tackling violence against women and girls is central to the Government’s work overseas. We agree with the noble Lord, Lord McConnell, that women and girls must continue to be at the heart of whatever replaces the MDGs.

This year, 2013, is a hugely important year for this agenda. We are working hard with other Governments to ensure that this year’s UN Commission on the Status of Women, whose focus is on violence against women and girls, is a success and agrees a set of robust global standards to protect women and girls from discrimination and violence. My honourable friend Lynne Featherstone is leading the UK delegation. We also want to see women and girls at the heart of the new millennium development goal framework to be published later this year. Their inclusion is critical to achieving our goal of ending extreme poverty.

This year will also see greater government action to address the use of sexual violence in conflict as we further develop and implement the Foreign Secretary’s preventing sexual violence initiative, to which noble Lords have referred. In our own lifetimes, millions of women, men, and children have endured this horror, including in the Democratic Republic of Congo, to which noble Lords have referred, in South Sudan, in Colombia, as the noble Baroness, Lady Coussins, said, in Bosnia and in Syria. The truth today, as the right reverend Prelate pointed out, is that the perpetrators of these appalling, life-shattering crimes more often than not go unpunished.

We believe that more must be done to combat the use of sexual violence in conflict. We want the international community to address the culture of impunity that has been allowed to develop for these crimes and to increase the number of perpetrators brought to justice, both internationally and nationally. As other noble Lords have mentioned, the Foreign Secretary has placed this issue at the top of the G8 agenda for 2013. We want G8 Foreign Ministers at their April meeting to speak out against those who use sexual violence in conflict and to declare that rape and serious sexual violence amount to grave breaches of the Geneva Conventions. This is a very significant step in the development of international humanitarian law. Declaring that serious sexual violence and rape amount to grave breaches sends the message that these crimes are to be treated in the same way as the most serious category of war crimes. I can therefore reassure my noble friends Lady Tonge and Lord Alderdice that these crimes will become the most serious category of war crime in international law. I can also assure my noble friend Lord Alderdice that they can be taken to the International Criminal Court. Consultation with prosecutors at the ICC has clearly identified that a lack of clarity over investigations and collection of evidence led to the low number of prosecutions in the ICC and other international tribunals. The protocol will directly address this.

We are also proposing a set of practical G8 commitments that, taken together, will promote justice and accountability and provide greater support to victims. I hope that my noble friend Lady Hamwee, the noble Lords, Lord Parekh and Lord Judd, and others will welcome them. These commitments are, first, to improve investigations and the documentation of sexual violence in conflict, including through endorsing a new international protocol; secondly, to provide greater support and assistance to survivors, including child survivors, of sexual violence, so that they can rebuild their lives and attain justice for what they have endured; thirdly, as the noble Baroness, Lady O’Loan, emphasised, to ensure that the response to sexual and gender-based violence is fully integrated into wider peace and security efforts; and fourthly, to improve international co-ordination, including through the UN, because a co-operative approach to addressing sexual violence will have a much greater long-term impact.

To underpin these international efforts, the Government have established a new specialist UK team of experts, to which the noble Lord, Lord Sheikh, referred, who can be deployed to conflict areas to help local authorities and organisations address sexual violence. This team has already been deployed to the Syrian border to help train local health professionals. In answer to the right reverend Prelate, we aim to work with, and support, those who can document these abuses in that area. We also plan to deploy the team to at least five other countries this year. It will go to Libya, to support survivors of sexual violence committed during the revolution; to South Sudan, to work alongside the UN and the Government to strengthen local justice; to eastern DRC, to help doctors and lawyers to investigate crimes against the hundreds of women and girls who are raped each month; to Bosnia-Herzegovina, to help courts and prosecutors address the backlog of war crimes cases; and to Mali, to provide human rights training to the Malian armed forces on preventing and responding to sexual violence. As the noble Baroness, Lady O’Loan, emphasised, in order to address these issues, we need first the law to protect and then we need to work with those who can help to ensure the implementation of those laws: the police, the judges, civil society and the media.

Our plans for the initiative have been developed in consultation with UN agencies, other international bodies, NGOs, and—I can also reassure the right reverend Prelate—representatives from faith groups. These groups have a particular role, not least because of their ability to reach out across communities. We want to continue to work closely with them as we challenge the myths and stigma associated with victims of sexual violence.

There were a number of questions. My noble friend Lady Tonge asked about the proposals we brought forward earlier this year in terms of international humanitarian law. In conflict situations, even if it is contrary to national law, abortion care can be offered where its denial would amount to torture or cruel treatment. We need now to focus very much on bringing our international partners with us on this. We are very forward-looking on this, as we have been in the area of safe abortion as well, and it is extremely important that we take others with us. However, if the noble Baroness has any evidence that UK aid is not being used appropriately and is not reaching women, will she please let us have those details?

The noble Baroness, Lady Coussins, asked about Columbia. PSVI is working in partnership with the UN special representative’s office and its team is leading on these issues in Columbia. We support that. I will be very happy to provide further details for the noble Baroness.

My noble friend Lord Hussain spoke about the abuse of human rights in Kashmir. I hear what he has to say in this regard, and we welcome the invitation by the Indian Government to the UN special rapporteur, who is to look in detail at those allegations. We are not willing to put up with abuse of human rights, wherever it happens in the world.

The noble Lord, Lord Collins, asked about funding. I will be very happy to spell this out further in writing. The G8 commitments are essentially very practical, but groundbreaking. By working with our international partners we have moved this forward in a very significant way, and we now need to take our international partners with us so that we can ensure that this is as effective as it needs to be. It needs to be done right across the international spectrum.

Tackling the impunity of those responsible for sexual violence is essential for any conflict or post-conflict society seeking to come to terms with past abuses. It is also essential to prevent their recurrence. This is an absolutely key year as we seek to take this forward. This is the year to ensure that we make the difference for those who are at risk of this horrific form of abuse.

[Lord Wallace of Saltaire]

My Lords, as several of the final speeches were shorter than time allowed for, and as one speaker withdrew at the last minute, we have now come rather short of our time limit. I thank everyone for their indulgence at the unpleasant roles that Whips have to play, and I suggest that the House should now adjourn until 9.36 pm.