<!DOCTYPE HTML PUBLIC "-//W3C//DTD HTML 4.0 Transitional//EN"> <HTML><HEAD> <META http-equiv=Content-Type content="text/html; charset=windows-1252"> <META content="MSHTML 6.00.2800.1264" name=GENERATOR> <STYLE></STYLE> </HEAD> <BODY bgColor=#ffffff> <DIV><A href="http://www.iktk.se/english/news/2003/031028_seminar.htm">http://www.iktk.se/english/news/2003/031028_seminar.htm</A></DIV> <DIV> </DIV> <DIV>Testifying about sexualised violence in war Women who have the courage to testify about sexualised violence in war and armed conflict are often forced to relive their traumas during the trial. In addition, they risk being ostracized by their society for speaking out about something that is taboo. At the Kvinna till Kvinna seminar on the 16th of October, discussions focused on how to protect, empower and compensate these witnesses in order to ensure that the juridical process guarantees them redress. Rape and sexualised violence against women has always been common in war, yet it was not until 1998 that sexualised violence in war began to be prosecuted as a crime against humanity, comparable to torture, in international criminal courts and tribunals. But in order to hold perpetrators accountable for these crimes, women must have the courage to testify about the acts of violence to which they have been exposed. What happens to women who testify about these horrible acts of sexualised violence? Are they treated with respect or is their vulnerability reinforced when they agree to be called as witnesses? On the 16th of October, Kvinna till Kvinna organised an international conference to shed light on these issues. International guests with experience from the war crime tribunals in former Yugoslavia and Rwanda talked about their experiences. There were also representatives from other war struck areas as well as Swedish agencies, NGOs and aid organisations. VICTIMS ON THREE LEVELS Alice Karekezi, who has worked directly with witnesses at the International Criminal Tribunal for Rwanda, illustrated the women’s victimization: ”A woman who gets raped in war becomes a victim on three levels. First, her human rights are violated through the actual crime. Then, she has to face the society she lives in, which often condemns a woman who has been raped. Finally, her body, the most intimate thing she has, has been invaded by the perpetrator. All these humiliations make it very hard for a woman to testify about the assault.” ”Just taking the plane to go and testify at a court far from home is a difficult experience for most women in this situation”, Alice Karekezi says to illustrates the victims’ exposed situation and feelings of inferiority vis-à-vis the big legal apparatus. FURTHER HUMILIATION AT THE TRIAL Sevdije Ahmeti from Kosovo highlights other structures that obstruct a fair prosecution of this type of crimes. ”The people who commit these crimes are often protected by the government and it is difficult to get hold of evidence from the institutions of power. For obvious reasons, the women are afraid to testify. In addition, even if the women dare to testify it is hard to see the result, since few people are convicted. The woman may not know the name of the perpetrator or do not remember what he looked like. As a consequence, instead of a fair trial for the victim, she is even more humiliated.” WITNESS PROTECTION There is also a shortage whit regards to protection, support and redress for the witnesses. Apart from calling for more resources for such activities, the seminar called for a strengthening of asylum rights for women who need repatriation to a third country. Moreover, the methods for how witnesses are questioned and treated before, during and after the trial must be revised. Brid O’Toole is a legal investigator who has listened to testimonies from the wars in the former Yugoslavia. ”We were not prepared to handle this kind of witness. We could not face a person who put all her energy, sorrow and suffering into her testimony. The witnesses were humiliated and deprived of their dignity”, Brid O’Toole says. HUMAN VALUES ARE FORGOTTEN Actually, the problem lies not only in the sensitive character of this type of crimes. During the seminar, it was repeatedly stated that the human being seems to have been forgotten in the judicial processes. ”The process has been too technical”, William O’Neill explains. He was a UN emissary, following the genocide in Rwanda. ”The lawyers have had too much of an influence and human values have been neglected. Furthermore, no one considered how the testimonies could affect witnesses in the future. The international war crime tribunals have been foreign implants and the national situation has not been enough taken into account.” WOMEN’S POSITION MUST BE STRENGTHENED It was unanimously agreed at the seminar that the root of the problem is women’s subordination in society along with a perception that the victim is blamed for the crime of rape. The words of Alice Karekezi may sum up one of the conclusions brought up at the seminar. ”What is needed is a shift of paradigms. We have to strengthen women’s position in society and humanise the legal processes.” Mia Lehndal </DIV></BODY></HTML>