Incident Reports

Conflict-hit women: Still far from justice- Susan Risal's Oped on Transitional Justice

2018-06-14

Nepal

The armed conflict of Nepal (1996-2006) brought multifaceted problems in the lives of many women. Gender roles had changed in the time of conflict. However, after the end of the armed conflict, there was once again status quo when it came to women, especially those who were part of the Maoist movement. Many women who fought from the Maoist side as well as civilian women bore the brunt of security personnel as they were subjected to sexual assault during the conflict. Rape and torture were used as a strategy by security personnel to instil fear in women participating in the Maoist movement. Additionally, there were cases of sexual assault and forced marriages within the Maoist party, but it rarely came out to the surface due to “strong schooling” of their cadres. It has been 12 years since the Comprehensive Peace Agreement which formally ended the war. But those women who were sexually abused are still suffering; the trauma continues as they cannot even share the pain inflicted on them with their family members. During the time of conflict, the victims were so scared that they could not reveal their sufferings to anyone. Family members who somehow came to know about the incidents of sexual crime committee on women even ostracised them. This led the victims to stay in isolation with self-blame, humiliation, and loss of their dignity. They are awaiting justice even today. Their wounds are not healed yet. The psychological, physical, economic and cultural barriers are affecting their well-being. The patriarchal attitude and lack of gender mainstreaming were observed while the government formulated its Interim Compensation Policy in 2009, which failed to categorise these women as conflict victims. That excluded these women from receiving any kind of compensation. It shows how the government of Nepal and our political parties view sexual violence as “a consequence of war” and are unwilling to provide gender justice to these women. Nepal may have made significant strides in recent years – for example, achieving stability and drafting of a new constitution – but when it comes to addressing structural issues of the conflict-affected women, we are still far behind. Despite the commitment to address the issues related to conflict-affected women in the Comprehensive Peace Agreement, we have not seen much progress, and this has stoked fears of impunity. The failure to recognise women who were subjected to sexual violence as conflict victims is one of the sources of injustice – and this has stood as the biggest barrier to their dignity. Due to lack of gender-friendly approaches and security, many women victims could not even file their complaints with the Truth and Reconciliation Commission and are far from the truth-seeking process. How can we conclude the peace process when conflict-affected women are kept out of this process? Many women have shared that they found the entire application process complicated – they were even asked to write the name of the perpetrator(s) and present evidence of the incidents of sexual violence. Some of the victims who faced sexual violence during the war were as young as 10 or 15. For many, it is not possible to recognise the perpetrators, as they were blindfolded and restrained. In some cases, one victim was assaulted by several men. So asking women to present evidence and pinpoint the assaulter is an inhumane and insensitive act. The oral testimony of the victims recorded during the investigation should be considered as evidence, bearing in mind their special conditions if the transitional justice mechanism is indeed committed to delivering justice to them. Similarly, conflict-affected women are also demanding the public apology from then warring parties for their sufferings. Conflict-affected women deserve to live a dignified life and the state must do all it can to ensure that. Women who faced sexual violence were severely tortured as well. The perpetrators who committed these heinous crimes are yet to be brought to book. Although, National Action Plan on UN Security Council Resolutions 1325 and 1820 recognises women who faced sexual violence as conflict victims and recognises SGBV (sexual and gender-based violence) in conflict as an issue not only of women’s health but also of political security, conflict-affected women are yet to be ensured of their health or political security. Many women who were subjected to sexual assault and torture are facing physical and mental problems. And they are not suffering alone; their families too are having a hard time. These women need long-term medical, psychosocial and financial support. It is the responsibility of the state to address their needs without any pre-conditions. They have expressed that their children are carrying the feeling of trans-generational hatred and victimhood. We need to address this immediately to save the future generation. Conflict-affected women are fighting not only the inner wounds but also the outer wounds. The state and the transitional justice mechanisms must work to heal their wounds and rehabilitate them in society with dignity. Along with justice, these women also deserve a dignified life. It’s their right. Risal is chief executive officer of Nagarik Aawaz

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