Stronger Legal Frameworks Needed to Protect Victims of Sexual Violence, Expert Tells Third Committee, Proposing to Reframe Scourge as Torture
Sexual violence in conflict includes acts such as “shooting at genitalia”, “inserting foreign objects” into reproductive and sexual organs or “mutilating or electrocuting genitals”, an expert on torture told the Third Committee (Social, Humanitarian and Cultural) today, proposing more robust legal frameworks to protect victims and hold perpetrators accountable.
“Let me be clear — sexual violence perpetrated by warring parties is almost always torture,” said Alice Jill Edwards, Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment, presenting her report (document A/79/181). The legal prohibition against torture is binding on all States and provides critical protections that are absent from sexual violence frameworks. “We need a new approach now,” she stressed. Among the “colossal” amount of 120 armed conflicts globally, she received reports of sexual violence from the Russo-Ukrainian war, Israel, Gaza, Palestine, Sudan, Syria and the Democratic Republic of the Congo in 2023.
Sexual torture is meant to cause “profound and enduring pain and humiliation”, devastating victims’ families and communities from the stigma. However, by framing sexual violence as torture, “we can shift the narrative from the victims to the perpetrators” to reduce stigma and empower political and community leaders to advocate for survivors. “All victims and witnesses deserve clear protections, and perpetrators must face the harshest penalties,” she declared. Calling on Member States to align their policies and practices with the recommendations in her report — including best practices for sexual violence prevention and the need for well-funded, accessible rehabilitation programmes — she stressed that “all States can and must do better”.
“Our commitment to the prevention of torture remained resolute,” stated Suzanne Jabbour, Chair of the Subcommittee on Prevention of Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, presenting her annual report. The Subcommittee conducts visits, which are central to its mandate. In 2023, it sent missions to the Philippines, Georgia, Guatemala, the State of Palestine, Croatia, Madagascar, Kazakhstan and South Africa.
During these visits, it advocated for implementing fundamental legal safeguards and establishing independent national preventive mechanisms and actions to reduce prison overcrowding. The Subcommittee conducted over 1,100 individual or collective interviews with more than 3,500 persons, including detainees, officials, law enforcement personnel and medical staff. “These first-hand accounts, with observations made to more than 170 places of deprivation of liberty, gave us contextualized insights into the treatment of persons deprived of their liberty,” she said, noting that the Subcommittee’s recommendations — informed by fieldwork and adapted to the national context — are invaluable.
Also speaking on this topic was Claude Heller, Chair of the Committee against Torture — responsible for monitoring the compliance of the 174 States parties to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment — who presented an annual report (document A/79/44). He said that the recent accession of Tuvalu brought the Convention closer to achieving its universal ratification. The Committee adopted concluding observations on 16 initial and periodic reports and considered the four additional reports. However, he regretted that the initial reports of 27 States and the periodic reports of 48 others are overdue in breach of their reporting obligations. To facilitate the submission of these reports, the Committee offers the option to submit periodic reports under the simplified procedure, which involves responding to a questionnaire. He further highlighted that the Committee continued to adopt the precautionary measures necessary to protect anyone cooperating with it from reprisals or intimidation.
In the ensuing interactive dialogue, delegates from countries in active conflicts called for accountability for the use of torture against their nationals, while others shared best practices to prevent the scourge.
The representative of Myanmar spotlighted the use of torture to intimidate civilians by the junta since its 2021 coup in his country. The atrocities included “sadistic acts” of pulling out fingernails with pliers and “gang rape of minors and adults of all genders”.
The representative of Ukraine said that Russian Federation forces and affiliated armed groups have committed torture against Ukrainian citizens and prisoners of war as “State-sanctioned policy” since the country’s 2022 full-scale invasion of her country.
Both speakers called on the international community to exert pressure on the perpetrators and hold them to account.
The Committee against Torture continues to ignore the torture carried out by Ukraine and the United States — in Guantanamo, specifically — against “Russian military personnel and those who show preference to Russia”, said the representative of the Russian Federation.
Rejecting allegations of torture in their countries made by experts and other Member States, the representatives of Belarus, Democratic People’s Republic of Korea and Syria all questioned the credibility of the sources of complaints, with Syria’s speaker calling on “well-known Western States” to cease exploiting human rights issues to interfere with the internal affairs of States.
Sharing good practices, the representative of Brazil noted that a recent Supreme Court decision in her country recognized that one day spent in an overcrowded prison would count for two days toward the prisoner’s sentence to reduce overcrowding.
Similarly, Burkina Faso’s delegate said his country’s mechanism for the prevention of torture allows unrestricted visits to all places of detention to make observations and recommendations.
The representative of Liechtenstein said that her Government works closely with the non-governmental organization All Survivors Project to raise awareness of the often underreported issue of sexual violence against men and boys in conflict.
The representative of Indonesia, speaking on behalf of a group of countries from the Convention against Torture Initiative — a cross-regional group of States working for the universal ratification and the effective implementation of the instrument by 2024 — said that, since its launch in 2014, the group has facilitated 20 new ratifications. The group also provides a platform for States to enhance their anti-torture legal frameworks, he said, adding that “by working together, we can create a world free from torture”.
Delegates also heard the presentation of reports from experts on the right to development, with a focus on the need to adopt a legally binding instrument to ensure such right and the urgency of reforming the global financial system to channel more financial resources to combat the impacts of climate change in developing countries.
Surya Deva, United Nations Special Rapporteur on the right to development, said that climate change-related loss and damage is one of the most pressing challenges of today, especially in developing countries. The world community should “not tolerate a system in which the super-rich 1 per cent” are responsible for the same carbon emissions as poorest 66 per cent of humanity. “There are moral, legal, historical and economic reasons why developed countries and large corporations have a duty to prevent, mitigate and remediate climate change-related loss and damage,” he stressed. He said his report recommends “a rainbow of measures” that States and international financial institutions must take to address loss and damage. Further, he stressed that the Fund for Responding to Loss and Damage should offer developing countries grants that would not add to their debt burden. He also urged the early adoption of the draft Covenant on the Right to Development.
Zamir Akram, Chair-Rapporteur of the Working Group on the Right to Development, recalled that during its twenty-fifth session in May, one State did not support the current draft of the Covenant or agree that a new human rights treaty should govern the implementation of the right to development. He said the Working Group adopted by consensus its conclusions and recommendations, some of which include the convening of an interactive dialogue with experts to address the group’s divergent views and an increased dialogue with relevant international and regional financial and development institutions and other stakeholders. “It is now for this Assembly to chart the way forward towards the early adoption of a legally binding instrument on the right to development,” he said, warning against delay.
Mihir Kanade, Chair of the Expert Mechanism on the Right to Development, said, despite liquidity-induced challenges, the Mechanism has progressed on its thematic studies. While Member States differ on perspectives, “our endeavour has been to clarify the various normative elements of the right to development based firmly on international law, to help build common ground and bridge remaining gaps,” he said. The Mechanism calls for reforms in global financial systems and trade rules, as well as a climate financing system based on an a fair and just transition. It also emphasizes the need to strengthen other mechanisms through technology transfer, capacity building and human rights protection. He called for international collaboration and accountability in development initiatives and sociocultural transformation, including investments in women and girls.
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