In considering the wars in the Central African Republic (CAR), Darfur, and the Democratic Republic of Congo (DRC) where the use of sexual and gender-based violence (SGBV) is widespread, this paper seeks to accomplish two tasks. The first task is descriptive: to give an overview of the manner in which the International Criminal Court (ICC) has responded to SGBV in the three countries. The second task is a modest attempt to analyze why SGBV continues to be inadequately addressed. Here, the paper considers the practical challenges that are inherent in transitional justice as a tool, particularly in its preference of some harms and narratives over others.

The paper also considers the conceptual challenges that come with understanding SGBV itself, in particular the implications of a focus on sexual violence over other forms of violence, and that of a focus on women over other feminized identities. The paper concludes with the suggestion of some useful debates for the consideration of scholars and practitioners, including the possibilities of a consideration of rape as torture, and the ramifications of focusing on criminal outcomes of political crises, to the neglect of necessary political solutions. In sum, the paper offers that transitional justice can only make a modest contribution to addressing SGBV, and that complex political crises underlying and causing violence must not be left on the wayside as we advocate around the criminal symptoms.

TRANSITIONAL JUSTICE RESPONSES TO SEXUAL AND GENDER BASED VIOLENCE

CENTRAL AFRICAN REPUBLIC (CAR)

Between October 2002 and March 2003, CAR President Ange-Félix Patassé invited the forces of Jean-Pierre Bemba, the Commander in Chief of Mouvement de Libération du Congo (MLC) to fight a rebel movement led by François Bozizé, the former Chief of Staff of the CAR army. In February 2003, FIDH referred the case to the ICC, following an extensive field mission to the conflict-affected areas where they found widespread rape, particularly from the forces of Bemba [1].

A key feature of in the CAR conflict was the high reported number of victims of rape. Under the presidency of Bozizé, who won the war, the highest court in the CAR determined that they would not be able to address the rape cases. In December 2004, the CAR government made a state referral to the ICC. According to the OTP, CAR became “the first time the Prosecutor ... open[ed] an investigation in which allegations of sexual crimes far outnumber alleged killings [2].

Let me first and foremost start by emphasizing that the theme: Ending Impunity on Sexual and Gender Based Violence is a befitting one. This conference could not have come at a more opportune moment. The high prevalence of SGBV in our continent and the Great Lakes region in particular has heightened resolve to work together for action, to turn rhetoric to practice.

There have been countless initiatives at international and regional level aimed at putting to an end to Sexual and Gender Based Violence, culture of impunity and other forms of related crime. However, we have not done enough to eradicate these types of crimes and those who have perpetuated these crimes have gotten away with impunity. Therefore this an opportunity to join forces to address the gaps in our actions and accelerate the implementation of the urgent responses to this pandemic problem, ensure prevention, protection, access to care and justice to the victims.

THE INTERNATIONAL CONFERENCE ON THE GREAT LAKES REGION AND THE FIGHT AGAINST SEXUAL VIOLENCE

The International Conference on the Great Lakes region has been the incubator for the formulation of landmark protocol and model legislation for the region in the areas of Prevention and Suppression of Sexual Violence against Women and Children. The Protocol seeks to fill the legal void that prevails in most of the legal systems in the countries of the region as a response to the systemic rape of women and children in the Great Lakes Region.

On the eve of the Pan African Conference on Sexual and Gender Based violence that ACORD and seven other like minded partners [1] deemed necessary in order to re-mobilize energies on ending impunity on SGBV, I would like to engage with the subject through a slightly different lens. The question of violence against women has been a constant pre-occupation of mine; professionally, academically and in the personal space. Perhaps my re-engagement with it was more vivid during the recent post election crisis in Kenya not because the experience unparalleled other contexts but because this was my home and as a woman this became a real fear for me in ways that it never had been before. I would like to concern myself with the young people; those popularly referred to as youth whose Africa’s future is said to rest with.

On the 25th of May 2008, a number of like minded organizations [2] came together in Nairobi to commemorate Africa liberation day. I was requested to contribute to the discussions through a speech on Africa’s liberation and youth. It serves to reason that on this day (and thereafter), a day that we are aptly reminded crystallized the youthful nature of our continent, given that most of our independence leaders were in their thirties, we should take time to problematise this category called youth and what hope or vision it holds for this continent.

I find ‘youth’ a particularly difficult subject to engage with, despite the fact that the UN officially considers me to fall within this category. This difficulty arises due to the transitional nature of the term youth and its very constituency. Further, the connotations of youth particularly in my context (Kenya) are unsavory to say the least. The term youth has for a very long time been used to refer to unruly groups of young men, mobilized by politicians to bully, steal and harass their opponents often in the run up to elections. These outfits then morph into vigilante groups, who in the absence of quick money and a job description linked to elections find alternative ways to exist and this comes in the form of thuggery.

Agency for Cooperation and Research in Development (ACORD) became involved in Uganda in 1979. This was immediately after the “Liberation war” which saw the departure of Idi Amin’s regime. The first programme was in the North of the Country based in Gulu district. ACORD was majorly responding to the emergency needs as a result of the war. ACORD has now expanded its programme in the whole of Acholi sub region, Amuru, Gulu, Kitgum and Pader, West Nile sub region, Adjumani and Moyo and the Western part of the country Mbarara programme all under ACORD in Uganda programme. The main intervention currently is focusing on developmental issues and to address the injustices in service delivery by using the right based approach to development as a strategy. ACORD is also engaged in Advocacy and Lobbying for the voice less society in the region to present their issues to the policy makers for a better life. In 2004, ACORD conducted a research to find out the relationship between HIV/AIDS and Sexual and Gender Based Violence. The result of the study showed very strong linkages between the two.

The war in Northern Uganda started in August, 1986 when the Ex-UNLA soldiers who fled into Sudan following their defeat by the National Resistant Army (NRA). In January they crossed back into Uganda and attacked NRA detaches in Gulu district. The attackers returned under the auspices of Uganda Peoples’ Democratic Movement/Army (UPDM/A). This report was presented by; Charles Asowa Okwe Makerere University-Kampala during a two days international conference that was organized by ACORD in February 1997. This event opened a volatile situation in as far as security in Uganda was concerned. The war resulted to massive population dislocation as people flee from the war zones to the safer areas within their districts and beyond.

In some of the affected districts, the situation was more pathetic. People were not only displaced, but some were forced to commute between their homes and trading and urban centers on a daily basis. Children as young as two years old used to commute from their homes to the trading centers looking for shelter. The situation increased cases of defilement and rape as young girls were at the mercy of the older men for material support. The younger boys were too being exploited by older women and sugar mammies and being promised easy life if they accepted their demands.