African Centre for Justice and Peace Studies ACJPS | المركز الافريقي لدراسات العدالة و السلام
(10 July 2023) Sexual and gender-based violence (SGBV), including conflict-related sexual violence against civilians, particularly women and girls has persisted during the recent war in Sudan. These crimes, occurring in private and public spaces, have been an integral part of the current war, yet they remain underreported due to the chaos created by the conflict, disruptions of telecommunications and Internet connections by local authorities, and the fear of stigma faced by survivors of rape.
There have been numerous reports of rape crimes committed against women and girls, which are deeply concerning and represent severe violations of human rights. Rape has been employed as a tactic of war to instill fear, exert control, and humiliate individuals and communities. Despite efforts to document and prevent SGBV crimes in Sudan, the impact remains undeniable. SGBV survivors face numerous barriers in accessing justice, including existence of immunity from prosecution granted to perpetrators, laws that make it almost impossible for women to prove rape in court, stigma and fear of retaliation among others.
While the analysis of gender-based violence during mass conflict typically focuses on women, the violence perpetrated against men should not be ignored. This violence takes different forms, such as emasculating through homosexuality, feminization, genital harm, and sex-selective killing, and enforcing masculinity in accordance with hegemonic gender norms in Sudan.
In a recent report by the UN Designated Expert on Human Rights in Sudan, 24 incidents of rape, gang rape, and attempted rape were verified in the capital since the war between the Sudan Armed Forces (SAF) and the Rapid Support Forces (RSF). In Darfur, at least 25 women and girls aged 14-56 were raped.[1]There were also 13 incidents of rape involving women and girls in the context of intercommunal violence or attacks against internally displaced women and girls. The perpetrators were mostly armed men, many of them wearing military uniforms, yet there are hardly any reports of arrests. Access to justice for SGBV survivors in Sudan during the recent war has involved various levels of engagement, including sub-regional, regional, and international efforts. Local and international organizations have been working to provide legal aid services, establish mobile courts, and promote legal awareness to improve access to justice for populations affected by the war. These initiatives aim to ensure accountability for SGBV crimes and other human rights abuses. However, more sustained and comprehensive support is needed to overcome the obstacles and build a more effective and accessible justice system in Sudan.
Neighbouring countries and regional organizations have played a role in supporting justice initiatives. They have provided humanitarian aid, including legal assistance and counselling services, to individuals who have sought refuge across borders. These efforts aim to address the immediate needs of survivors and ensure their access to basic rights and services.
Regionally, the African Union (AU) has been involved in promoting peace, stability, and justice in Sudan. The AU has deployed peacekeeping missions and supported transitional processes to address the root causes of the conflict. Additionally, the AU has advocated for the establishment of accountability mechanisms, including hybrid courts, to address SGBV crimes and other human rights violations.
Various international organizations and countries have engaged in efforts to support access to justice in Sudan. International human rights organizations have documented and reported on SGBV crimes, raising awareness and advocating for justice for survivors. They have also provided funding and technical support to local organizations working on legal aid, capacity-building, and awareness-raising initiatives. The International Criminal Court (ICC) has been involved in investigating and prosecuting serious crimes, including SGBV, committed during the war. The ICC has issued arrest warrants for individuals suspected of such crimes, contributing to international efforts to hold perpetrators accountable.
Significant challenges persist in ensuring effective access to justice for SGBV survivors in Sudan. It is concerning that the Sudanese government is suspected of participating in the use of sexual assault as a racially targeted weapon against certain ethnicities. The government should not contribute to unnecessary conflict where criminals are enabled to commit war crimes at the expense of its people, especially crimes that directly affect an individual’s personhood. The conflict’s disruption of the justice system, makes it difficult for survivors to seek legal recourse. The destruction of infrastructure, displacement, and insecurity resulting from the war have exacerbated an already existing problem.
Additional support, resources, and sustained commitment from the international community are crucial to strengthening the justice system, combating impunity, and promoting the rights and well-being of survivors. Continued commitment from local and international actors is essential to addressing these challenges and ensuring justice for survivors of rape crimes during the Darfur conflict and the recent war in Sudan.
We therefore call on
- The Sudanese authorities to:
- Publicly condemn and issue orders that sexual violence shall not be tolerated.
- Conduct a thorough and impartial investigation into all reports of sexual violence, whether committed by state or non-state actors with a view of holding perpetrators accountable. A special prosecutor should be appointed to the case should the victims wish to proceed with a criminal prosecution. Local authorities must guarantee the victims and their relatives’ protection from reprisals.
- Repeal laws that provide immunity from prosecution to perpetrators including the Armed Forces Act.
- Ensure that medical and other appropriate support services are available to victims.
- Grant the the regional and international actors full and unhindered access to investigate allegations of sexual violence within their mandate
- Ratify the Protocol to the African Charter on Human and Peoples’ Rights on the Rights of Women in Africa and domesticate the Convention on the Elimination of All Forms of Discrimination against women
- Sudanese Armed Forces, Rapid Support Forces and Arab Militias to:
- To end sexual violence as a tactic of war.
- Allow victims full access to humanitarian support including medical, psychosocial, and legal aid.
- Abide by the rules of international humanitarian law.
- International community to:
- Condemn the ongoing conflict related sexual violence and publicly and privately press the Sudanese authorities to meet its obligations under international human rights and humanitarian law
[1] https://www.un.org/sexualviolenceinconflict/press-release/un-special-representative-of-the-secretary-general-on-sexual-violence-in-conflict-expresses-grave-concern-over-alleged-acts-of-sexual-violence-in-sudan-during-the-ongoing-violence/
