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Blog: New Security Council Resolution on Sexual Violence in Conflict  




Last month, the United Nations Security Council adopted Resolution 1820 of
2008, which addresses sexual violence in situations of conflict. How
significant is this new Resolution?

By Kathambi Kinoti


On June 19, 2008 the United Nations Security Council adopted a Resolution
to end sexual violence in conflict. The passing of Resolution 1820 of 2008
was preceded by a day-long discussion on women, peace and security, chaired
by the United States - represented by its Secretary of State - which
currently has the presidency of the Council. On the longstanding dispute as
to whether sexual violence was an issue that the Security Council was
mandated to address, US Secretary Condoleezza Rice said: "We respond to
that lingering question with a resounding 'Yes!'" [1] While this may seem
obvious for the reason that there is no conflict in recent history where
girls and women have not been targeted for rape, the inclusion of this
acknowledgement into the Resolution was important because some members of
the Security Council, in particular China and Russia, have previously held
the position that sexual violence was not the business of the Council. [2]
Among other things, Resolution 1820 demands that parties involved in armed
conflict cease committing acts of sexual violence against civilians and
take appropriate measures to protect civilian women and girls from all
forms of sexual violence. It also calls upon parties to debunk the myths
that fuel sexual violence.

There have been mixed reactions from women's rights advocates to the
adoption of Resolution 1820. To begin with, there was no wide consultation
with women's rights organisations prior to the debate and the drafting of
the Resolution. The fact also that the debate was chaired by the United
States was disconcerting to some, but this was alleviated to some extent by
the recognition that women's rights advocates have been raising these very
issues for a long time. [3]

One of the biggest concerns about the Resolution 1820 is that its effect
may be to water down Security Council Resolution 1325 of 2000, which
already calls for an end to impunity for sexual violence, and goes further.
Resolution 1325 provides a comprehensive framework for the role of women in
conflict prevention and resolution as well as in peace building. It
recognises the agency of women in matters of peace and security, and does
not portray them merely as victims. For some, isolating the aspect of
sexual violence from other aspects of conflict as they affect women, leads
to a focus on women as victims, downplaying their agency in different areas
including in addressing sexual violence. [4] The truth of conflict is that
many individual women in situations of conflict both experience sexual
violence and are change agents. On the other hand, sexual violence often
impedes women from participating in conflict prevention and resolution, a
fact that Resolution 1820 recognises.

There has generally been a failure on the part of states and the UN itself
to ensure the full implementation of the older Resolution and this has led
many to ask whether the new Resolution will not have a similar fate. It is
not the lack of international instruments or other guidelines that has
undermined the rights of girls and women in situations of conflict.
International law already recognises rape as a war crime, a crime against
humanity and a constitutive act with respect to genocide. It is more likely
that the failure to address sexual violence is reflective of a general
reluctance both nationally and internationally to treat sexual violence
with the seriousness it deserves, hence the scepticism on the part of some.
There are a number of cases where UN peacekeeping forces have been
implicated in sexual exploitation of women and girls. The UN Secretary
General, contributing to the debate preceding the adoption of Resolution
1820 reiterated that the UN had a zero tolerance approach to abuses by its
own personnel. This Resolution places the UN under greater scrutiny.

Another concern revolves around the perception of rape in terms of its use
against a particular ethnic group or nation as represented by women from
that particular group. In the words of Resolution 1820, "women and girls
are particularly targeted by the use of sexual violence, including as a
tactic of war to humiliate, dominate, instil fear in, disperse and/or
forcibly relocate civilian members of a community or ethnic group." While
it is true that rape is committed against women and girls as
representatives of their groups, the fact that rape is an abuse of
individual rights should not be obscured.

Although there are some reservations to Resolution 1820, it does break
important ground. As mentioned earlier, it lays to rest debate about
whether or not the Security Council should address sexual violence in
conflict situations. The Security Council possesses significant moral
authority and its pronouncements do have significant strength even though
their implementation has often been a challenge. Therefore its recognition
of the importance of urgently addressing all the dimensions of sexual
violence in conflict is welcome. The Security Council is also the body of
the UN charged with the responsibility of maintaining international peace
and security. It is therefore within its purview to act against states
waging unlawful wars and to outline the roles of UN peacekeeping forces. In
the past, peacekeeping forces have not explicitly been given the task of
providing protection against sexual violence [4]. Hopefully, this will
change with the adoption of Resolution 1820.

Resolution 1820 is not a comprehensive instrument for addressing sexual
violence. It is however, a step in the right direction provided that it
will complement and not distract from Resolution 1325, which is still the
definitive standard so far for incorporating women's rights perspectives
into conflict prevention and resolution, and peace building.
________________
Notes:
1. 'Security Council Demands immediate and complete Halt to Acts of Sexual
Violence against Civilians in Conflict Zones, unanimously adopting
Resolution 1820 (2008).' UN Department of Public Information, June 19,
2008.
2. Women's International League for Peace 'Security Council Resolution
1820: A Move to end Sexual Violence in Conflict,' 1325 PeaceWomen E-News,
Issue 102, June 2008.
3. Ibid.
4. Ibid.

Posted: Tuesday July 8, 2008, 12:11 pm
Visibility: Everyone
      

Tags: women un violence hipocrisy
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Julia D. (89) 		Tuesday July 8, 2008, 12:19 pm
Yet another resolution, while UN "peacekeepers" go on raping women and children...

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