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UNHCR Study Guide

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22 views12 pages

Imuntc Unhrc

UNHCR Study Guide

Uploaded by

archist1111
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd
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United Nations Human Rights Counsil

Topic B: The Situation of Women in Conflict


Zones
“Sexual violence is a brutal form of physical and psychological warfare rooted in the gender
inequality extant not only in zones of conflict, but in our everyday personal lives. The persistence of
such forms of violence undermines peace and security and shatters community and family ties. The
prevention of sexual violence must remain one of our highest priorities.”
– UN Secretary General Antonio Guterres 37 ‑

Introduction

Women in conflict zones find themselves in a very vulnerable situation. Conflict-related sexual
violence (CRSV) is still a commonly used strategy in war and terrorism.38 The term conflict-

related sexual violence „refers to rape, sexual slavery, forced prostitution, forced pregnancy, forced
abortion, enforced sterilization, forced marriage, and any other form of sexual violence of
comparable gravity perpetrated against women, men, girls or boys that is directly or indirectly
linked to a conflict“.39 The number of those crimes committed against women and girls is

shockingly high. While men and boys are also affected by CRSV, its impact on women and girls is
significantly greater.40 In the DR Congo, the UN reported in 2010 that between the months of

January and March, 1244 women had become victims of rape, while the International Rescue
Committee documented 40.000 cases of sexualised violence between 2003 and 2007.41 ‑

Additionally, women in conflict zones are often widowed and forced to provide for their families on
their own. Since many women lack education and possibilities to find work they are often forced
into prostitution. In some areas of the world, women even resort to selling their children in order to
make ends meet. Furthermore, they lack access to health services and have little hope of escaping
their situation. The United Nations have already addressed this issue in numerous ways, but so far
none has been proven truly effective.

37United
Nations Secretary General. Report on Conflict-Related Sexual Violence, 15.04.2017, http://
www.un.org/en/events/elimination-of-sexual-violence-in-conflict/pdf/1494280398.pdf

United Nations Secretary General. Report on Conflict-Related Sexual Violence, 15.04.2017, http://
38

www.un.org/en/events/elimination-of-sexual-violence-in-conflict/pdf/1494280398.pdf
39United Nations, “Report of the Secretary-General on Conflict-Related Sexual Violence,” S/2017/249
(United Nations, 2017) (accessed May 13, 2018), 3.
40International Committee of the Red Cross (ICRC), “Protection Challenges and Needs Faced by Women
and Girls in Armed Conflict and Post-Conflict Settings,”, https://www.icrc.org/en/document/protection-
challenges-and-needs-faced-women-and-girls-armed-conflict-and-post-conflict (accessed May 17, 2018).

medica mondiale, “Where We Work: Central Africa,”, https://www.medicamondiale.org/en/where-we-


41

work/central-africa-great-lakes-region.html (accessed May 17, 2018).

CologneMUN 2018 21 UNHRC


Women are not a homogeneous group. In times of crisis they encounter different experiences across
geographical and temporal locations. They become subjected to dire conditions due to their roles.
Yet, women are not only always passive victims. In the events that lead to combat and instability,
women can play active roles. A lot of women have also been active peacemakers and have
contributed to conflict resolution. In this manner, some become victims and refugees, some armed
combatants, some life sustainers and some peacemakers. At this juncture it is imperative to examine
the position and roles of women in war and conflict across the globe and examine the implication of
such roles for the position and condition of women in a conflicting society.

Background of the Situation: War and Gender

The way wars are fought is rapidly changing. Increasingly, they are no longer fought between but
within states. While conflict between different religious and ethnic communities is not particularly
new, women are now much more directly impacted by conflict across the board. It is also new that
there is a conscience growing of the specific vulnerabilities of women and girls in conflict. Armed
conflict, undoubtedly, is of a gendered nature.42

Historically, narrations of war have focused on masculine ideals, concentrating on male combatants
and depicting them as the protectors of their communities. As a result of the highlighting of men’s
roles in conflict, the very concept of war is based on the male experience, ignoring much of the
specific experience of women.43 The same holds true for the concept of security. We assume that

security is achieved when weapons are laid down, so that, again, the focus is on the male
perspective. However, a ceasefire does not necessarily end a culture of violence in society. As
conflict occurs in a culture that attributes different roles to men and women, it impacts their lives
differently44 . It becomes increasingly obvious that the broad exclusion of women from security and

peace processes is unsustainable. Women play critical roles in achieving durable peace, between
and within state borders. This insight was generated largely from three sources: narrations of female
survivors, accounts of NGOs and humanitarian organisations, as well as the media, who have been
able to tell their stories all across the globe since the age of the internet.45

The UN expressed the significance it attributes to the situation in resolution 1325 of 2000. A result
of the negotiations between not only the member states, but civil society and human rights

42Cynthia Cockburn, “War and Security, Women and Gender: An Overview of the Issues,” Gender &
Development 21, no. 3 (2013).
43Claske Dijkema, “Why study Gender and Conflict Together? An Enquiry in the Relationship Between the
Two Concepts,”, http://www.irenees.net/bdf_fiche-analyse-801_en.html (accessed May 18, 2018).
44 Ibid.
45 Cockburn, “War and Security, Women and Gender”.

CologneMUN 2018 22 UNHRC


organisations as well as women’s movements, it acknowledged the specific impact of war on
women and girls in its preamble. Among the three themes it covers are protection, inclusion, and
considering gender perspectives.46 Resolution 1325 has faced criticised as focusing on women as

victims, rather than as active and valuable players in peace. The resolution focusses heavily on the
effect of war on women, not on their role in causing or, much more importantly, ending it.47

Past UN Actions

In 1995, 189 UN Member States adopted the Beijing Declaration and Platform for Action at the
Fourth World Conference on Women. As one of the most important international agreements for the
advancement of women’s rights, it named the situation of women in armed conflict as one of 12
critical areas of concern. The declaration recognised that “peace is inextricably linked with equality
between women and men and development” and that “while entire communities suffer the
consequences of armed conflict and terrorism, women and girls are particularly affected because of
their status in society and their sex”.48 The Beijing Declaration named six strategic objectives to

improve the situation of women in conflict and post-conflict situations:

Strategic objective 1: Increase the participation of women in conflict resolution at decision-making


levels and protect women living in situation of armed and other conflict or under foreign
occupation.

Strategic objective 2: Reduce excessive military expenditures and control the availability of
armaments.

Strategic objective 3: Promote non-violent forms of conflict resolution and reduce the incidence of
human rights abuse in conflict situations.

Strategic objective 4: Promote women’s contribution to fostering a culture of peace.

Strategic objective 5: Provide protection, assistance and training to refugee women, other
displaced women in need of international protection and internally displaced women.

Strategic objective 6: Provide assistance to the women of the colonies and non-self-governing
territories.

46 Ibid.
47 Ibid.
48Report of the Fourth World Conference on Women. Beijing, 4-15 September 1995: Beijing Declaration
and Platform for Action. http://www2.unwomen.org/-/media/field%20office%20beijing%20plus/
attachments/beijingdeclarationandplatformforaction-en.pdf?la=en

CologneMUN 2018 23 UNHRC


For each of the strategic objectives, the Beijing Declaration and Platform for Action also provided
steps for their fulfilment, to be taken by governments and international, regional and non-
governmental organisations.49 As becomes evident from the choice of the objectives, the

declaration does not merely aim at improving the situation of women in conflict zones but
recognises conflict resolution as the most important step to improve the situation of women. Since
the declaration was adopted, awareness of the situation of women in conflict zones has increased.
Nevertheless, many new conflicts have arisen in the world that have dragged back women’s
development and where targeting of women has become increasingly the norm. As such, the Beijing
commitments concerning the situation of women in conflict zones remain mostly unfulfilled.50 ‑

In pursuit to the Convention on the Elimination of All Forms of Discrimination against Women,
adopted in 1979, the Committee on the Elimination of Discrimination against Women (CEDAW)
was established. CEDAW consists of 23 women’s rights experts from all around the world and
publishes regular reports and recommendations.51 The recommendations are directed at both

Member States and United Nations bodies, including the Human Rights Council and the Security
Council. An area of focus is the situation of women in conflict prevention, conflict and post-conflict
situations, on which the most recent reports and recommendations were published in 2013.52 ‑

Armed conflicts regularly displace large numbers of individuals. Women and girls make up around
50 percent of any refugee, internally displaced or stateless population. As refugees, they have an
even higher vulnerability to discrimination and violence.53 The United Nations High Commissioner

for Refugees (UNHCR) adopted the Guidelines on the Protection of Refugee Women in July 1991
in recognition of this fact. The guidelines are targeted at UNHRC staff and any UN, NGO and local
government officials who come into contact with refugees. They outline steps to identify visible and
invisible violence and discrimination against refugee women and girls, highlight typical dangers
faced by them, and propose steps that can be taken in response both within refugee camps and in the

49 Ibid.
50UN Women. The Beijing Platform for Action Turns 20: Women and Armed Conflict. http://
beijing20.unwomen.org/en/in-focus/armed-conflict
51Office of the United Nations High Commissioner for Human Rights: Committee on the Elimination of
Discrimination against Women. http://www.ohchr.org/EN/HRBodies/CEDAW/Pages/CEDAWIndex.aspx
52Committee on the Elimination of Discrimination against Women: General recommendation No. 30 on
women in conflict prevention, conflict and post-conflict situation. http://www.ohchr.org/documents/
hrbodies/cedaw/gcomments/cedaw.c.cg.30.pdf
53 United Nations High Commissioner for Refugees: Women. http://www.unhcr.org/women.html

CologneMUN 2018 24 UNHRC


general response to a refugee situation.54 While the guidelines are used by UN staff in their

response to refugee situations, they are not legally binding to Member States.

As the only committee within the United Nations system whose resolutions are binding under
international law, the United Nations Security Council (UNSC) takes an important role in achieving
actual improvements of the situation of women in conflict zones. The UNSC first recognised the
unique and disproportionate impact armed conflicts have on women in its resolution 1325 on 31
October 2000.55 An additional seven resolutions on the topic of Women and Peace and Security

have since been adopted. In those resolutions, the Security Council addressed the impact of sexual
violence on women’s lives in conflict and post-conflict situations. The UNSC urged Member States
to develop and assess national strategies for the protection of women, called for Member States to
ensure the participation of women at all decision-making levels related to the prevention and
resolution of conflict, and called upon Member States to integrate the women, peace and security
agenda into national action plans. Resolution 1888 of 30 September 2009 called for the appointment
of a Special Representative to coordinate efforts to engage with governments, parties to armed
conflicts and civil society to end sexual violence in conflict.56 The resolutions also contained the

self-commitment and the urge towards all UN entities and agencies to “integrate women’s needs
and gender perspectives into their work.”57 This also included a call to increase the number of

women in senior leadership positions at the United Nations, in particular of peacekeeping


operations. The Security Council also mandated the deployment of Gender Advisers to
peacekeeping missions to guarantee that a gender perspective is integrated across all peacekeeping
functions.58

The topic of Women, Peace and Security remains as a permanent agenda item of the Security
Council and will be regularly addressed in the future. Many of the actions of the Security Council
followed initiatives and appeals by the Human Rights Council. Therefore, calling upon the UNSC
to take action is a way in which the Human Rights Council can push for meaningful change.

54Office of the United Nations High Commissioner for Refugees: Guidelines on the Protection of Refugee
Women. Geneva, July 1991. http://www.unhcr.org/publications/legal/3d4f915e4/guidelines-protection-
refugee-women.html
55United Nations Security Council: Resolution 1325 (2000). http://www.un.org/en/ga/search/
view_doc.asp?symbol=S/RES/1325(2000)
56United Nations Security Council: Resolution 1888 (2009. http://www.un.org/en/ga/search/
view_doc.asp?symbol=S/RES/1888(2009)
57United Nations Security Council: Resolution 2242 (2015). http://www.un.org/en/ga/search/
view_doc.asp?symbol=S/RES/2242(2015)
58United Nations Peacekeeping. What we do: Empowering Women. https://peacekeeping.un.org/en/
empowering-women

CologneMUN 2018 25 UNHRC


Current Situation

Sexualised Violence as a Weapon of War


Rape is a sexualised expression of aggression and, in general, is characteristic of extreme torture. It
should be note that rape as a weapon of war is not used in order to cause harm to an individual
person, neither is it used for the sexual satisfaction of the perpetrator. Rather, rape as a weapon of
war is aimed at attacking the very fabric of a community or society.59 Since World War II, rape has

evolved to become an important military strategy and often as a means of perpetrating genocide.
For instance, in the 1994 Rwandan genocide, acts of rape and sexual mutilation carried out with the
aim of eradicating the Tutsi, according to surviving Tutsi women (Human Rights Watch Africa,
1996). Sexualised violence was used tactically in order to spread fear and demonstrate power.
According to UNICEF, in the course of the 1994 genocide between 250.000 and 500.000 women
were raped, although many cases are not documented. Most of the rape victims were subsequently
killed. Many of the survivors became pregnant and, besides the trauma of the rape itself and the
consequent unwanted pregancy, experienced severe isolation and stigma from their communities for
giving birth to child of the enemy.60 This phenomenon is not exclusive to the Rwandan genocide

but extends to most past and current conflicts in Africa and the Middle East, for instance.

Reports by Human Rights Watch from the Central African Republic note that armed groups have
used rape and sexual slavery as a tactic of war during five years of conflict. The aforementioned are
just few instances of women finding themselves in a scenario where they are sexually exploited by
fighting factions. This accentuates why the United Nations Security Council adopted a resolution
1820 (2008) describing rape as a tactic of war and a threat to international security.

The consequences of sexualised violence are chronically underestimated. As mentioned above, it


may cause immediate physical trauma as well as long-lasting mental trauma. Survivors of
sexualised violence are often re-traumatised even after the event as they experience stigmatisation
and ostracism from their families and wider communities. Their consequential isolation renews the
initial trauma and often causes financial strain, increasing the risk of falling into extreme poverty.
Strong feelings of shame as well as depression keep women from coming forward and seeking help
from their families or governmental institutions.61‑

59Coleen Kivlahan and Nate Ewigman, “Rape as a Weapon of War in Modern Conflicts: Families and
Communities are Victims, as well as Individuals,” British Medical Journal 341, no. 7771 (2010) (accessed
May 17, 2018).
60 medica mondiale, “Where We Work: Central Africa”.
61International Committee of the Red Cross (ICRC), “Protection Challenges and Needs Faced by Women
and Girls in Armed Conflict and Post-Conflict Settings”.

CologneMUN 2018 26 UNHRC


The Situation of Women and Girls in Refugee Camps
More than half of Syrians have been forced to flee their homes because of war — 5.5 million have
fled the country and 6 million more have been driven from their homes but remain in Syria. In
refugee camps, women and adolescent girls frequently experience sexual assault and other forms of
violence because of family breakdown and general lack of protection, for example when there is
poor lighting around latrines.62 According to UN reports, 60 per cent of preventable maternal

deaths take place in humanitarian settings and at least 1 in 5 refugees or displaced women are
estimated to have experienced sexual violence.

This is especially true for women and girls living in households without men, who would otherwise
serve as their protectors.63 Also during flight, unaccompanied women and girls often experience

sexualised violence. “Survival sex” is a common phenomenon, where women and girls are forced to
exchange sex for basic need such as food and shelter. In addition to severe trauma, HIV/AIDS
infections as well as unwanted pregnancies frequently follow. UN peacekeepers have also been
accused of coercing women into survival sex. In Liberia, Burundi, Côte d’Ivoire, Congo and
Bosnia, among others, peacekeeping forces have been accused of sexually abusing girls as young as
eight years in exchange for the food they were entitled to in the UN camp.64 ‑

Women as Bargaining Chip in Hostage Exchanges


Women are increasingly weaponised, i.e. they are used as a weapon of war. In such cases, women
are arrested and detained arbitrarily to escalate negotiations anchored on prisoners’ exchange. Since
2013, rebel groups in Syria have increasingly resorted to the detention of women for the political
purpose of acquiring bargaining power in negotiations with the Syrian government over the release
of rebel fighters. Similarly, the Syrian government also detains women to be used as bargaining chip
in their negotiations with armed groups.65‑

In Nigeria, Boko Haram militants kidnapped more than 276 young girls at a school in 2014. Some
of the girls were only released two years later, in 2016, after extensive negotiation with the
government. The arrangement involved the release of Boko Haram militants who were captured by
government in return of these Chibok girls.

62Euro-Mediterranean Human Rights Network, “Detention of Women in Syria: A Weapon of War and
Terror,” (accessed https://euromedrights.org/wp-content/uploads/2015/06/
EMHRN_Womenindetention_EN.pdf).
63 USAID, “Women & Conflict: An Introductory Guide for Programming,” (2007), https://www.usaid.gov/
sites/default/files/documents/1865/
toolkit_women_and_conflict_an_introductory_guide_for_programming.pdf.
64 Ibid.
65 Euro-Mediterranean Human Rights Network, “Detention of Women in Syria”.

CologneMUN 2018 27 UNHRC


Public Health Effects
As the public health infrastructure is destroyed, so is access to life-saving health and medical care.
The Graça Machel study also reveals that lack of food, shelter, sanitation, and safe water
jeopardizes girls' and women's reproductive status. Girls’ young bodies are ill prepared to handle
pregnancies and abortions, a fact that is compounded by lack of access to medical care. Without
basic health and medical services, girls and young women increase their risks for both morbidity
and mortality. Breastfeeding mothers who are malnourished or otherwise impacted by hunger,
exhaustion, and trauma may be less able to nourish their infants and young children or to physically
support their pregnancies.

Women as Combatants
Rarely, women and girls participate actively in combat. If so, as a result of abduction women’s
participation is often forced. Women serve as live “shields” for fighters or are coerced into domestic
and sexual slavery. In the process of disarmament, demobilization and reintegration (DDR), women
often play a minor role compared to men, as female combatants tend to be overlooked. As a result,
it is possible that their numbers are underestimated, although it increases in the majority of current
conflicts66. ‑

In the aftermath of conflict, former female combatants have specific needs that need to be
addressed. In often patriarchal societies, they may have found an unexpected degree of autonomy
and respect among their male peers. Yet, depending on their individual role and involvement in
combat, women may experience strong feeling of guilt as well as stigmatisation by their community
67.

Women and Peace


As women and men experience conflict differently, they therefore understand peace differently.
While gender equality is a goal in its own right, it is also a factor that is positively linked to
sustainable economic growth, social development and environmental sustainability. As a result, the
inclusion of women increases the chance that a peace process is sustainable, and an area does not
fall back into conflict.

In its resolutions that addressed the impact of armed conflicts on women, the United Nations
Security Council also recognised the importance of “women’s equal and full participation in the
prevention and resolution of conflicts”68. It encouraged using increased numbers of female

66 USAID, “Women & Conflict”.


67 Ibid.
68 Ibid.

CologneMUN 2018 28 UNHRC


personnel for its peacekeeping missions and to integrate a gender perspective into in all areas of
work of the Department of Peacekeeping Operations and Department of Field Support (DPKO/
DFS). In response, the DPKO/DFS has adopted the Gender Forward Looking Strategy. The strategy
outlines how the DPKO/DFS intends to include women in Security Sector Reform, Disarmament,
Demobilisation and Reintegration, Police and Military.69 The Gender Advisers of the United

Nations peacekeeping missions are also trying to ensure the participation of women in the building
of institutions during post-conflict recovery, and to make their voices, needs and priorities heard.
This includes advocating for the inclusion of women in political and electoral systems, and legal
and judicial procedures.70

The transition from conflict to peace offers a unique opportunity to address the root causes of
violence and to transform institutions, structures and relationships that hinder gender equality and
justice. Yet women are routinely excluded from peace talks and conflict transformation processes
post-conflict. Women are systematically denied resources, political rights, authority and redress for
violence in post-conflict situations. Despite real and significant needs, the realization of women’s
human rights has not been made a benchmark of success in post-conflict military or peacekeeping
missions, which tend to have poor female representation.

Conclusion

Violence against women and girls in conflict is not inevitable. It is certainly a complex and multi-
layered problems. When discussing the issue, delegates should consider all aspects of the problem.

Certainly, there is now a broader understanding than ever that sexualised violence against women
and girls as a weapon of war is to be considered a war crime. However, its prosecution has proven
to be difficult as women are either actively hindered from coming forward with their allegations or
are too afraid of experiencing stigma and isolation. It remains one of the great challenges to ensure
that survivors can pursue justice in national as well as international courts.

Finally, it is now widely accepted that women play important roles in achieving sustainable peace.
Implementation, however, is still lacking. Women and girls, and thereby often women’s rights, are
still very much underrepresented in peace negotiations.

69 DPKO/DFS Gender Forward Looking Strategy: 2014-2018. https://peacekeeping.un.org/sites/default/


files/dpko-dfs-gender-strategy.pdf
70United Nations Peacekeeping. What we do: Empowering Women. https://peacekeeping.un.org/en/
empowering-women

CologneMUN 2018 29 UNHRC


Guiding Questions
• How can we deal with impunity and defiance to international law and protocols regarding
women’s human rights?

• What measures should be taken to protect women and girls during conflict?

• Should we make recommendations to make use of Chapter VI and VII of the UN Charter on
the Responsibility to Protect in the event of blatant disregard of set international law as it
concerns women in conflict zones?

• How can women’s participation in peace processes be encouraged?

• How will the Human Rights Council stamp its authority on offenders and perpetrators of
violence against civilian women?

Bibliography

Cockburn, Cynthia. “War and Security, Women and Gender: An Overview of the Issues.” Gender &
Development 21, no. 3 (2013): 433–452.

Dijkema, Claske. “Why study Gender and Conflict Together? An Enquiry in the Relationship
Between the Two Concepts.”. http://www.irenees.net/bdf_fiche-analyse-801_en.html (accessed
May 18, 2018).

Euro-Mediterranean Human Rights Network. “Detention of Women in Syria: A Weapon of War and
Terror.” https://euromedrights.org/wp-content/
uploads/2015/06/EMHRN_Womenindetention_EN.pdf).

International Committee of the Red Cross. “Protection Challenges and Needs Faced by Women and
Girls in Armed Conflict and Post-Conflict Settings.”. https://www.icrc.org/en/document/protection-
challenges-and-needs-faced-women-and-girls-armed-conflict-and-post-conflict (accessed May 17,
2018).

Kivlahan, Coleen, and Nate Ewigman. “Rape as a Weapon of War in Modern Conflicts: Families
and Communities are Victims, as well as Individuals.” British Medical Journal 341, no. 7771
(2010): 468–469 (accessed May 17, 2018).

medica mondiale. “Where We Work: Central Africa.”. https://www.medicamondiale.org/en/where-


we-work/central-africa-great-lakes-region.html (accessed May 17, 2018).

CologneMUN 2018 30 UNHRC


United Nations. “Report of the Secretary-General on Conflict-Related Sexual Violence.” S/
2017/249 (accessed May 13, 2018).

USAID. “Women & Conflict: An Introductory Guide for Programming.”. https://www.usaid.gov/


sites/default/files/documents/1865/
toolkit_women_and_conflict_an_introductory_guide_for_programming.pdf.

CologneMUN 2018 31 UNHRC

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