It's Always Her Fault

IT’S ALWAYS HER FAULT Sexual Violence in Sudan

IT’S ALWAYS HER FAULT 1 A report by Strategic Initiative for women in the hornin of Africa Sexual Violence Sudan

By: The Strategic Initiative for Women in the Horn of Africa – SIHA Published June 2017 All rights reserved. No part of this publication may be reprinted or reproduced or utilized in any form or by any means electronic, mechanical or other means now known or hereafter invented including copying and recording, or in any information storage or retrieval system, without permission in writing from the publishers.

Photo credit: Ayman Hussein Strategic Initiative for Women in the Horn of Africa P.O Box 2793 Kampala -Uganda www.sihanet.org ©SIHA Network 2017

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Sexual Violence in Sudan

Foreword 5 INTRODUCTION 6 METHODOLOGY 8 CONTEXT 10 PATTERNS OF SEXUAL VIOLENCE 13 Sexual violence in conflict 13 Sexual violence against activists 15 Criminal gangs and restricted movement of women 16 Vulnerability of women in the informal sector 18 Sexual violence against refugees and migrants 19 Rape with in the community 20 Rape within the family 21 Marital rape 22 DRIVERS OF RAPE 23 Normalization of rape 23 Culture of silence 24 Customary law 25 Blaming the mother 25 The intersection of gender and other vulnerabilities 26 ACCESS TO SERVICES 28 Access to sexual and reproductive health services 28 Access to medical treatment 28 Access to psychological services 30 Access to Justice 30 Definition of rape 31 Conflation of rape and ‘zina’ 31 Standard of evidence 32 Consent 33 Age of consent 33 State immunity 34 RECOMMENDATIONS 35 1.Legal Reform 35 2.Increase access to justice for survivors 36 3.Improve access to healthcare services 36 4.Invest in awareness, response and protection programming 37 5.Break the culture of silence and address stigmatization 37

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Sexual Violence in Sudan

In May 2014, a 47 year old woman living on the outskirts south of Khartoum walked into a police station in tears, angry and shivering. She insisted on speaking to the Police General in private. The General did not care; he did not dismiss the people in the room and the corridors, thus forcing her to speak in front of everyone. The woman’s husband is a migrant worker in Saudi while she stays in Sudan minding their children.

One day while her children were at school, a male neighbor jumped the short dividing wall and raped her. Once she told her story, the Police General responded insulting her and mocking her age and telling her “look how old you are and you are telling me you have been raped. Clearly, you have had sex many times in your life.”

The woman was kicked out of the police station with no remedy or access to justice.

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Sexual Violence in Sudan

Foreword

S

exual violence against women in Sudan is endemic. Women are at risk of sexual violence in their homes, at work, in the streets, and in the context of the ongoing conflicts. Strategic and opportunistic cases of sexual violence are widespread; used both as a weapon of war to ethnically target and silence communities, and accepted in society as an unavoidable consequence of women’s immoral conduct and male sexuality and desire. Whilst perpetrators of sexual violence enjoy complete impunity for their crimes, survivors of sexual violence face criminal charges for adultery, forced marriage and being ostracized by their communities.

The criminalization of women is institutionalized by the Sudanese legal system, which propagates a restrictive militant Salafi-based theology that seeks to exclude women from the public sphere. Survivors of sexual violence who report their case may be charged with adultery(Zina) under the 1991 Sudanese Criminal Act, and receive corporal punishment or the death penalty through stoning instead of justice. The harmful cultural beliefs that tie sexual violence to perceived immorality are widespread, extending even to civil society organizations who work for women’s rights. It is imperative that these beliefs are challenged so that women can access essential medical and psychosocial services, instead of facing further victimization both at law and by service providers.

In the context of Sudan’s civil conflicts, sexual violence is not only a result of conflict but has been identified as a driver of the conflicts. Addressing impunity, and increasing access to justice for survivors of sexual violence, must be an integral part of peace building efforts within Sudan.

Throughout Sudan, women are prevented from accessing justice and essential services due to highly discriminatory legislations, and a pervasive culture of silence and stigma.

A comprehensive programme of reform and action is needed in order to ensure that the government institutions, international and national stakeholders, and communities are fulfilling their obligations to both protect and offer redress to survivors of sexual violence in Sudan.

Hala Al-Karib Regional Director SIHA Network

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Sexual Violence in Sudan

Introduction This research primarily focuses on sexual violence perpetrated against adult woman in Sudan; the expectation and assumption is that the woman herself is at fault or lying, and it is quietly swept under the carpet. The rape of adult women is an issue that society does not want to accept or comprehend, instead preferring to shift the blame directly to women and claiming that it is always their fault. This is further complicated by conflicting notions of adulthood and sexual maturity. Drawing on interviews with first responders, activists, and communities,on case studies, and on desk-based research, this paper seeks to identify ways of building a comprehensive response. It begins by describing patterns of violence and identifying the drivers of sexual violence.

This report is intended to explore the root causes of sexual violence and the reasons why certain groups are targeted. By identifying drivers and patterns of violence, it seeks to suggest means of prevention and response.

The current response to sexual violence falls far short of an adequate response. The majority of women are unable to either access justice, or the social, medical and psychological services that they need to rebuild their lives. This report is intended to explore the root causes of sexual violence and the reasons why certain groups are targeted.

By identifying drivers and patterns of violence, it seeks to suggest means of prevention and response. By identifying the gaps in response, it suggests means of improving the services and treatment available to survivors. This paper concludes with recommendations on how to improve the response to, and prevention of, sexual violence against women in Sudan.

Throughout Sudan, from the battlegrounds of Darfur to the streets of Khartoum, women are at risk of sexual violence in the form of rape and other criminal acts that are typically enabled by a strong culture of silence and shame. The use of sexual violence as a weapon of war in Darfur has garnered the most attention nationally and internationally, however it is by no means unique to the region.

Women who are involved in political or human rights activism have been subjected to sexual violence and assault. Women who speak up are at risk of retaliation from government actors who leverage the fear and shame of rape as a method of silencing them. In marginalized areas of Khartoum, criminal gangs use sexual violence as a weapon, creating fear to assert dominance over the community much like the militias. Furthermore, marital rape and sexual violence against men have never been discussed, let alone criminalized, by law makers. Indeed, they have not even been discussed by human rights movements.

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Sexual Violence in Sudan

Whilst all women are vulnerable in the context of Sudan, gender intersects with other forms of vulnerability resulting in marginalized ethnic groups, migrants, refugees and the poor being at particular risk. Whether it takes place in a war zone or in the quiet confines of a home, sexual violence is driven by social and cultural attitudes that denigrate women and treat them as second class citizens1. In the Sudanese context, these social issues have been shaped by a political system in which the ruling regime seeks to cement their power over the country by systematically imposing oppressive Salafi versions of Islamic based doctrines. The intentional criminalization of women in Sudan under the Criminal Act and Family Law Articles cannot be missed, nor can the repressive application of these acts by the courts. Since these oppressive patriarchal attitudes are enforced by the power of the legal system and its machineries, and intertwine with deep-seated cultural norms, they continue to be difficult to challenge and address.

In 2015, women’s rights activists won a victory with the passage of new legislation on rape. The new legislation, although problematic in some respects, has introduced an expanded definition of rape more consistent with international law, and provides for access to justice for survivors. However, in order to ensure that this legislation is implemented, efforts need to focus on ensuring cultural attitudes and practices contribute to the protection, rather than the victimization, of women. This issue is particularly salient at a time when both the government and the opposition, through coordination mechanisms and discussions of a national road map, are seeking to map out the political future of the country. This agenda must re-envision women’s rights and place in Sudanese society.

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For more information on structural discrimination against women in Sudan, see Strategic Initiative for Women in the Horn of Africa, “Third Class Citizens: Women and Citizenship in Sudan,” September 2015, available at http://sihanet.org/system/tdf/resource-download/Third%20Class%20Citizens-%20Women%27s%20 Struggle%20for%20Equal%20Citizenship%20in%20Sudan.pdf?file=1&type=node&id=327&force=.

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Sexual Violence in Sudan

Methodology This paper draws on qualitative interview data and desk-based research. This research was conducted in a challenging context, as sexual violence is an extremely sensitive topic in Sudan. The stigma attached to rape, and other forms of sexual violence, makes it difficult for survivors to come forward to tell their stories. In turn, this made identifying interview subjects challenging. Furthermore, the sensitivity of the topic forced researchers in Sudan to operate with caution, limiting the areas that could be visited, and the number of people who could be interviewed. NGOs and community groups were also wary of providing information, due to the harassment and threats to which they have been subjected during the course of their work.

This paper focuses on rape and sexual assault perpetrated against women perceived as adults. SIHA acknowledges that different types sexual violence in Sudan are widespread, including sexual violence against children and men, sexual slavery, forced pregnancy, sex trafficking, and forced prostitution. Whilst no less egregious, these are not within the remit of the present paper.

This research was conducted in a challenging context, as sexual violence is an extremely sensitive topic in Sudan. The stigma attached to rape, and other forms of sexual violence, makes it difficult for survivors to come forward to tell their stories.

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The paper draws on: 27 semi-structured interviews lasting 1-2 hours with survivors, perpetrators and families; eight focus group discussions bringing together 93 community participants; 16 interviews with service providers who interact with survivors on a regular basis (including police, lawyers, judges, medical professionals, and others); and 28 key informant interviews (which included local leaders, journalists, political parties, NGOs, UN staff and government representatives with expertise in the subject matter). Interviews and focus groups were conducted in Arabic, and transcripts were translated into English. Researchers were able to document about 21 cases in which women were raped.

Some of the interviews were conducted in Khartoum and Omdurman.

Around Khartoum, particular attention was paid to areas in which there were large numbers of IDPs including Mayo (JabilAlways), Wad el Bashir (Embedded) and Dares salaam (Embedded). Most interviewees in these areas were from Nuba or Darfur, although their specific ethnic affiliations were not recorded. Other interviews took place in Darfur, particularly in the city of Al Fisher and in the nearby IDP camps of Abushouk, Al Salaam, and Zamzam. Several interviews were also held in the town of Tawila. Interviewees in this area were predominantly Fur, Zaghawa, Bargo, Tungur and Berti.

Women who also belong to Arabized pastoralist groups in Darfur

IT’S ALWAYS HER FAULT

Sexual Violence in Sudan

were also interviewed. Interviewees’ identities have been masked either by referring to them only by their profession or the initial of their first name, in order to safeguard the security of those who offered information.

All of this information was comprehensively analysed in order to draw out key concerns and issues, and to address sexual violence more broadly.

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Sexual Violence in Sudan

Context In Sudan, similar to so many countries around the world, women’s bodies are under attack both emotionally and physically. Although it is virtually impossible to establish the prevalence of sexual violence in quantitative terms due to the lack of systematic monitoring mechanisms, the individual stories recounted by female survivors make it clear that the problem is pervasive. Not only are women subjected to violence during an attack, but in the aftermath they continue to suffer, facing enormous obstacles to reporting, accessing medical care and obtaining justice.

The issue of sexual violence in Sudan is highly sensitive. A culture of silence persists, and any discussion of it is relatively new. Social and cultural norms which discourage open discussion of sexuality as a whole, inhibit the capacity of society to address issues of sexual violence objectively. As part of the culture of sweeping sexual violence under the carpet, women consistently bear the burden and are blamed, while men are typically excused from social or cultural condemnation. The mass rape that has occurred in Darfur over the past decade has not only garnered significant international attention and forced some discussion; they have exposed some of the key fractures in the society as a whole. Thus the debate has become highly politicized.

Firstly, the articulation of sexual violence as a weapon of war has drawn attention to the serious violations of international law that have occurred in the region, and the role that the government has played in those violations. The international community has sought to promote accountability, focusing on the government of Sudan which has failed to hold other perpetrators accountable, including those within the family and community. Secondly, the way in which sexual violence has been deployed in Darfur has been ethicized. As such, women’s bodies have become the battleground for a cultural war. As Sondra Hale points out, rape is not just about revenge and power: “men are raping specific women, that

men are raping specific women, that is, members of a particular group. The defiling of women’s bodies becomes both symbolic and material/physical, and the culture itself, through the bodies of women, becomes defaced and deracinated.” This process, she says, is “an attempt to annihilate difference”

is, members of a particular group. The defiling of women’s bodies becomes both symbolic and material/physical, and the culture itself, through the bodies of women, becomes defaced and deracinated.”2 This process, she says, is “an attempt to annihilate difference” by erasing the prior identity of the victim.3 2 3

Sondra Hale, “Rape as a Marker and Eraser of Difference: Darfur Laura Sjoberg and Sandra Via, eds., Gender, War, and Militarism: Praeger Security International, 2010), p. 106.

Sondra Hale, “Rape as a Marker and Eraser of Difference: Darfur Laura Sjoberg and Sandra Via, eds., Gender, War, and Militarism: Praeger Security International, 2010), p. 111.

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and the Nuba Mountains,” in Feminist Perspectives, (Oxford: and the Nuba Mountains,” in Feminist Perspectives, (Oxford:

This deployment of sexual violence as a tool in an ethicized war also highlights the extent to which, more broadly, racism and ethnic discrimination are drivers of violence against women.

The intensive focus on the issue of sexual violence in Darfur has created space for discussion of sexual violence in Sudan. In the words of one political leader, “it has become more accepted to discuss sexual crimes.”4 More attention has been drawn to sexual violence occurring across the country by activists due to the increased focus on the issue. As this research will highlight, sexual violence extends far beyond contexts of conflict taking place in Darfur, to homes and communities in Khartoum. No case has underscored this reality as starkly as the prominent one of Safiya Ishag. Ms. Ishag was raped by three security officers while in the custody of security services.5 The rape of Ms. Ishag, who had been detained as a result of her activism, highlighted the use of rape as a tactic of intimidation. In response to both the scale of rape in Darfur, and the rape of individuals like Ms. Ishag, women’s rights activists have stepped up efforts to address the problem. These efforts have focused, as a first step, on reforming the laws in Sudan surrounding sexual violence. These laws, however, are based on the government’s interpretation of Islamic traditions. Therefore to some extent, challenging these laws involves challenging the government’s interpretation of religion; an issue upon which the Sudanese regime bases its legitimacy. In the words of one women’s rights activist: “This is not Islam. They are sending a message to the people that ‘we are in control. They are using every measure, culture, religion, violence to oppress women. Islam gives women many rights. What the government is practicing is not Islam.”6 In 2010, the Federal Child Act was adopted, providing for harsher penalties for perpetrators who commit crimes, including sexual violence against children.7 Yet at the same time, the government actively attempts to suppress information on sexual violence. Civil society organizations attempting to provide assistance to survivors have faced harassment and obstruction. For example, two senior staff members of Médecins Sans Frontièreswere arrested following the publication of a 2005 report documenting patterns of rape in Darfur.8 The expulsion of 13 international NGOs, and the closure of three national NGOs in 2009, following the issuance of the ICC arrest warrant against President Al Bashir, caused a significant decline in the level of services available for survivors of sexual violence 4 5

Interview with communist party official, April 29, 2015 No to Women Oppression Coalition, “Security services intensify new tools of rape and sexual assault to punish women who express their political opinion,” March 1, 2011, available at http://

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LivTonnesson, “When rape becomes politics: Negotiating Islamic law reform in Sudan,” Women’s Studies International Forum: 44(2014, p. 145-153), p. 148.

UNICEF, “Statement by UNICEF’s Representative in Sudan to mark the official celebration of the ratification of the Federal Child Act, January 7, 2010, available at http://www.unicef.org/sudan/ media_5990.html.

Adrienne L. Fricke with AmiraKhair, “Laws without Justice: An Assessment of Sudanese Laws Affecting Survivors of Rape,” Refugees International, 2007, available at http://www.refworld.org/ docid/47a6eb870.html.

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www.sudantribune.com/spip.php?article38141.

IT’S ALWAYS HER FAULT 11 Sexual Violence in Sudan

in Darfur.9 In 2010, aid workers were expelled from Sudan for distributing “rape detection devices.” Service providers work under the constant threat of expulsion, particularly if they try to raise these issues publicly. In the words of one aid worker, “[a]fter the expulsions, the message was clear: work on GBV, and you’ll be kicked out.”10 More recently, the government obstructed efforts to investigate the mass rapes reported in Tabit, North Darfur in 2014. Despite repeated attempts, UNAMID investigators were only allowed to access the village once, and then only in the presence of state security forces. All subsequent requests were denied.11 Reporting on her visit to Sudan in 2015, the UN Special Rapporteur on violence against women noted that the government acknowledged that violence against women was occurring in Darfur, although they denied that it occurred elsewhere.12 Also in February 2015, the government passed a number of amendments to the 1991 Criminal Act, including long-awaited amendments concerning rape and sexual violence. An amendment to Article 149 (rape) changed the legal definition of rape, and a new article 151 (3) was introduced, providing a new offence of sexual harassment.

Whether in Darfur or occurring in more intimate confines, sexual violence is not divorced from the political context. It is driven by pervasive social discrimination against women, and unequal power relationships between men and women. It is empowered bylaws and policies that not only fail to recognize women as equals and protect them, but that also offer virtual impunity to perpetrators.

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Physicians for Human Rights, “Action Agenda for Realizing Treatment and Support for Women and Girls in Darfur,” March 2010, available at https://s3.amazonaws.com/PHR_Reports/darfuraction-agenda.pdf 10 LivTonnessen, “From impunity to prosecution? Sexual violence in Sudan beyond Darfur,” Norwegian Peace building Resource Centre, February 2012 11 Human Rights Watch, “Mass Rape in North Darfur: Sudanese Army Attacks against Civilians in Tabit,” February 11, 2015, available at http://www.hrw.org/reports/2015/02/11/mass-rape-darfur.

12 “Report of the Special Rapporteur on violence against women, its causes and consequences on her mission to the Sudan,” UN Doc. No A/HRC/32/42/Add.1, 18 April 2016, available at https:// documents-dds-ny.un.org/doc/UNDOC/GEN/G16/079/16/PDF/G1607916.pdf?OpenElement

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Patterns of Sexual Violence Sexual violence is used as a deliberate strategy in conflict areas such as Darfur.

It is used by soldiers, militia and community members against specific marginalized groups in order to victimize the community.

The research showed a striking diversity of patterns of rape and sexual violence. Sexual violence is deployed against women in Darfur as a weapon of war, against community members by violent gangs in Khartoum and against neighbors, employees and even family members.

Sexual violence in conflict Sexual violence is used as a deliberate strategy in conflict areas such as Darfur. It is used by soldiers, militia and community members against specific marginalized groups in order to victimize the community. In this context, sexual violence not only victimizes the women who suffer it directly, but also men, who have been socialized to see the protection of women as their responsibility, and the community as a whole.

Reports of mass rape in Darfur grabbed international headlines after the conflict there erupted in 2003. These narratives continue to feature prominently in the interviews that were conducted in Darfur for this research. One young woman described how she was raped in the aftermath of an attack on her home area of Jallab in 2003. After an attack on her village, she went back to find her family. A man there advised her to go to Al Fashir, where she would be safer. As she started walking: “Suddenly a truck full of soldiers appeared. They picked up all old men, beat the old women and took me and another young girl. They raped both of us, many times, one finished and the other one took over. They didn’t beat me because I didn’t resist. I was afraid. They said many bad words while they were raping, “prostitute, slave, lay now nigger girl.”

I stood up and found a lot of blood. I couldn’t move but I got to that girl and found her beaten, in a worse situation. We stayed there for a while, cleaned the blood on her, and their dirtiness. I put ashes on that place (vagina) and on the girl and I took her and we walked.”13 She fled to Abushouk IDP camp and has remained ever since.

Another IDP narrated the attacks that forced her to flee her village: 13

Interview with victim, March 27, 2015

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“… we have suffered a lot, soldiers were everywhere, we just kept running away and hiding from them, they beat women, killed men and youth, they raped women and young daughters, in some cases they raped women and their daughters all together, you can see a soldier finish with the girl and go to her mother, and I witnessed that soldiers exchange women among themselves, for example, when you finish you give the woman to your colleague and take his, it was very horrible.”14 More recently, a number of cases were also documented in which young women were attacked by soldiers or militia, outside of the more general attacks on villages. In March 2015, T, a 15-year-old, was at her grandfather’s house in Haskanita village when two Janjaweed15 riding horses found her. They took her into the house and raped her.16 In another incident, on February 1, 2015, H,a 16-year-old girl, was working on her family’s farm along with her mother and sisters when three armed men rode up on camels. They asked the women which tribe they were from and the women identified themselves as Tungur. The men said, “You are not Tungur, you are Zaghawa.”The women ran but the men caught Hawa and raped her. She was referred to Tawila hospital for treatment.17 Even when women fled to the relative safety of IDP camps, they remained at risk.

This is particularly true when women attempt to move outside of the camps, most often to collect firewood or to work on nearby farms to earn sustenance. Women reported that moving through any open, unpopulated space was dangerous. In one case, a 20-year-old Fur woman named M was raped by three men on April 13, 2015 as she attempted to collect firewood near Rwanda IDP camp in North Darfur.18 In another case, a daughter and her pregnant mother were attacked as they returned from farming: “We were looking at the camp, it wasn’t that far from us, when some guys came and spread themselves in different directions and we were in the middle. My mother asked them “what do you want from us?” They said, “What do you have that we could want?” They tried to pull me by my hand, and my mother stood in front of him and said “if you want, take me and let her go.” He pushed her away and she fell down on her back on a big stone. Then three of them came to me. I was looking at my mother, she was unconscious and bleeding and they were raping me one after another.”19 Even within the camps, security is fragile. One IDP recounted an attack on Zamzam IDP camp: 14 Interview with IDP woman, April 28, 2015 15 Janjaweedalso spelled Janjawid, Arab militia active in Sudan, particularly in the Darfur region.

16 Case documented by the research team 17 Case documented by the research team 18 Case documented by the research team 19 Interview with IDP woman living in Abu Shouk

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“One day, some masked people came into the camp, they took mobile phones and money from the displaced people. They were soldiers, they beat people. […].

They tried to come during the day, steal, rape and take the stuff by force, but when people resisted, they came the next day and burnt down all the houses.”20 These attacks might appear to be random, committed in an insecure and unstable context, but the volume of the crimes, as well as their targeted nature shows that there is a pattern. Indeed, the International Commission of Inquiry in Darfur pointed both to the fact that these attacks were targeted against particular ethnic groups, and to the confidence in impunity of the perpetrators as evidence that the attacks were part of a widespread and systematic attack, thus concluding that they appeared to amount to crimes against humanity under international law.21 The use of ethnic and racial language (such as the phrase “nigger girl” in the testimony above) is additional evidence of the targeted nature of these crimes.

As noted above, men did not simply attack any women, they attacked specific women. Women’s bodies become the battleground, and the humiliation and subjugation of women creates a symbolic humiliation and subjugation of her entire group. In the words of a rebel leader,“these crimes [rapes] are used in an organized and planned way from the government to kill the spirit of resistance in Darfur.”22 As one activist put it, “the war in Darfur is centred on identity, and rape is being used as a weapon of war in the struggle for the identity of the region. Women have a very important role in Darfur’s culture and rape destroys not only a woman but her tribe.”23

Sexual violence against activists In addition to being used as a weapon of war, sexual violence has been used as a way of intimidating and silencing activists. The high profile rape of Safiya Ishag, mentioned above, is one example. A number of cases in which security officials used sexual violence to intimidate and shame politically active women were documented for this research. In some of these cases, women reported that they were sexually harassed, but not raped. However, given the strong stigma attached to rape, it is possible that these activists did not give the full details of their experiences.

Ayoung woman, P, from eastern Sudan, reported being sexually harassed and 20 Interview with displaced man, North Darfur, March 27, 2015 21 International Commission of Inquiry on Darfur, “Report of the International Commission of Inquiry on Darfur to the United Nations Secretary-General pursuant to Security Council Resolution 1564 of 18 September 2004,” 25 January 2005, at para 360, available at http://www.un.org/news/ dh/sudan/com_inq_darfur.pdf 22 Email exchange with rebel, SLA- Abdul Wahid al-Nur, March 5, 2015.

23 Adrienne L. Fricke with AmiraKhair, “Laws without Justice: An Assessment of Sudanese Laws Affecting Survivors of Rape,” Refugees International, 2007, p. 2, available at http://www.refworld. org/docid/47a6eb870.html

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physically assaulted after being arrested for her political activism. She claims that a security officer said that he could protect her if she slept with him. Later, he told her colleagues that they had slept together, damaging her reputation.24 In another incident L, a university student from Darfur, claimed that she was arrested from her dormitory room and asked for information about politically active colleagues. When she refused, she was threatened with rape, partially undressed and subjected to unwanted touching of her breasts and sexual organs.25 This pattern of abuse has also been documented by other organizations working in the field. For example, Human Rights Watch documented the case of Swho told of how she was arrested and raped by three plainclothes security agents. During the incident, the officers reportedly chastised her for her activism: “you women activists and party members, you are all sharmuta[whores].”26 These attacks are particularly disturbing because they are committed by government agents charged with enforcing laws and protecting citizens. The interviews also suggest those in power have constructed a narrative within which women who exercise their right to freedom of expression are seen as abandoning their virtue, and this is used to justify assaults on them.

In Darfur, those attempting to raise their voices on behalf of women also risk serious consequences. Several cases of women being jailed for months or years for their activism were cited. In another case, women reported that the wives and daughters of an omda (traditional leader) who had taken an activist stance were raped as retaliation against him.27

Criminal gangs and restricted movement of women Another pattern of violence that emerged out of the research was assault by armed men in certain neighborhoods in urban centers. These acts of violence appear to be concentrated in poor and marginalized areas. In a number of instances, the identity of the perpetrators was unclear. In others, the perpetrators were clearly members of criminal gangs, operating without sanction from the state. However, the failure to address these crimes has led to a situation in which they are rampant, and in which women are fearful of, and indeed advised against, moving freely. This limits their freedom of movement and is evidence of the abject failure of the state to protect women and their rights.

In Khartoum and in the marginalized areas in particular, there was significant concern expressed about the safety of women moving around at night or alone. Respondents expressed significant fear of criminal groups, viewed to be responsible for rape. A case

24 Interview with a young women in Tarteel, April 22, 2015 25 Interview with student at the University of Khartoum, May 8, 2015 26 Human Rights Watch, “Good Girls Don’t Protest: Repression and Abuse of Women Human Rights Defenders, Activists and Protesters in Sudan,” March 2016, p. 22.

27 Focus group discussion, March 27, 2015.

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was recounted by a health care professional who treated a survivor: “I remember a woman came here in a very bad situation, she got raped by a group of youth. After they raped her, they took her money. She was a tea seller in Karoor…”

In focus group discussions, it was clear that certain areas within marginalized neighborhoods were not considered safe. Residents reported that women could not move freely especially at night because “we can be in danger of sexual harassment or rape and that is what happens normally in our area.”

28 Many highlighted the need for women to have men protect them, recommending that women call a male relative to escort them. These ideas are rooted in a patriarchal culture that views unaccompanied women as sexually promiscuous.

Among criminals discussed by communities, particular apprehension was expressed about the “AwladNiggaz,” a generic term for urban youth gangs in Sudan. In the words of one focus group respondent: “the niggazgroups are one of the dangerous criminals because they are always in the road and you don’t know when and why they can commit rape. It is a matter of bad luck or good luck for any woman who passes near them.”

29 A number of respondents pointed to this group as a major source of insecurity. A 19-year old member of such a gang admitted involvement in rape: “People are afraid of us because we are always fighting and we have weapons, knives, guns and we rape… we only attack girls, some from our tribe, but mostly from other tribes.

We rape them as a group together. Why? Sometimes the girl, she is proud and does not like us, that’s why we rape, because we want her to lose her virginity. The boss, he tells us to rape them, but some boys in the group, they don’t do that; they think it is a bad or shameful thing. The group will not force you; it’s your choice, but you will be shamed or punished. […] maybe we raped like five times. We feel alright, don’t care about that.”30 In these cases, rape also appears to be used as a tool for socialization into the gang.

Despite the advice against movement, others identified even homes as dangerous spaces if women were alone. Some respondents said that women who live without a man in the house are particularly vulnerable. In one case, O, a 45-year-old woman from Chad living only with her seven-year-old daughter, was raped and robbed by a group of armed men.

28 29 30

Focus group discussion, Wad El Bashir, March 2, 2015 Focus group discussion, Wad El Bashir, March 1, 2015 Interview with perpetrator, March 25, 2015

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“While my daughter and I were sleeping, about 4am, I felt someone sit on my breast near to my neck and put a knife to my neck, forcing me to look up so I could not see him. Another one started taking off my clothes and the third one started to have sex with me. When he finished he left space for the other one. While he was having sex with me, my daughter woke up and went out to the neighbor’s house and when they saw him, the three men ran away.”

The men also stole three mattresses from her, “the most valuable thing in the house.”31 Whether in Khartoum or Darfur, it seems that criminal elements are taking advantage of the climate of impunity to victimize women. In Darfur, not only have the conflictassociated rapes forced women from their homes and into IDP camps, they are unable to move freely around, or even within, the camps.

In an incident committed inside Al Salaam IDP camp, an 18-year-old young woman was walking to her neighbor’s house when she ran into three masked men who took her to a dark, secluded area where they threatened her with knives and raped her. When they finished they cut her legs, making deep wounds with the knife and left her in an empty house.32 In this case, movement within the camp itself was compromised and the existence of a secluded area was exploited for violence. It is unclear whether the perpetrators came from inside or outside of the camp.

Vulnerability of women in the informal sector Women also face risk at the hands of persons in positions of power, such as their employers. In both Khartoum and Darfur, women working in the informal sector appeared to be particularly vulnerable. Women working in the informal sector are typically those working in the markets, washing clothes or selling items on the street.

These women often travel early in the morning and late at night, are poor, and live in insecure areas. One woman in North Darfur told how she regularly went to the local market to look for work washing clothes. One day, a man came by and asked her to wash clothes at his home. When they arrived, he ushered her into a room purported to contain clothes to be washed. He followed her in and closed the door. She continued: “I couldn’t cry loudly. I was afraid that the neighbors would hear me. I tried to stop him and to fight with him but at the end he laid me on the bed and did it. When he was done, he gave me 20 pounds and told me to go… I didn’t tell anybody what happened, because it is a shame.”33

31 Interview with victim, Khartoum.

32 Interview with victim, March 27, 2015

33

Interview with victim, March 27, 2015

18 IT’S ALWAYS HER FAULT Sexual Violence in Sudan

The next day she realized that other women in the market knew the man and could guess what had happened, because he had done the same to others. Another woman working in the market in Darfur said that she had experienced such abuse several times, but said “I still go for work because I have to do so, how else can I feed my kids?”34 One focus group participant said that some women and girls were promised work, but “actually they will be taken to be raped. And they will not talk. They are afraid of being punished by male family members and of being forbidden to work.”35 It was recognized that poverty was pushing women to enter and remain in risky situations.

In Khartoum, focus groups pointed to the vulnerability “When she started of women working in the informal sector as well. One to clean the floor, I perpetrator admitted to raping a Nuba woman who was couldn’t stop myself, I working for him as a house cleaner: “When she started to was so excited. I just clean the floor, I couldn’t stop myself, I was so excited. I just jumped on her. She jumped on her. She has a beautiful body. When I finished, she has a beautiful body. started crying.”36 A wide range of respondents across sectors When I finished, she started crying. expressed the opinion that women should stay at home and that women working caused significant problems in the community and exposed them to unnecessary risk, although some recognized that this was a financial necessity in many families. This risk is heightened when women are forced to travel at odd hours or through remote or “unplanned” areas, particularly if these areas lack electricity and are unlit, allowing potential perpetrators to lurk unseen.

Women whose professions are stigmatized are at even greater risk. Tea sellers, for example, are often presented as sexually promiscuous because they sit out in the open and interact with a primarily male clientele. Those who sell beer are even more vulnerable. Not only stigmatized by an assumption that they work in brothels, their profession is illegal. As a result, these women may be even more fearful of reporting rape, concerned that any investigation would shine a light on their own illegal behavior.

Sexual violence against refugees and migrants Another group of women who have been found to be particularly vulnerable are migrant and refugee women. In some respects, the vulnerability of these women would appear to be linked to other categories of vulnerability; they tend to be poor and are often forced to work in the informal sector. In addition, however, they face other vulnerabilities. They are often separated from the traditionally protective structures of their families and communities. As they are not Sudanese and do not follow traditional codes of dress and appearance, particularly if they are not Muslim, they may face disproportionate targeting by the Public Order Regime, a set of discriminatory laws drawn from the regime’s interpretation of sharia that enforce moral standards on

34 35 36

Interview with victim, March 28, 2015 Focus group discussion, North Darfur, March 26, 2015 Interview with perpetrator, Khartoum, April 15, 2015

IT’S ALWAYS HER FAULT 19 Sexual Violence in Sudan

issues such as dress and hours of work on the streets.37 In addition, refugee women are more exposed to risks due to restrictions on freedom of movement which makes their presence outside refugee camps illegal and discourages them from turning to the police for protection. They may also be vulnerable to traffickers and smugglers. In the words of a young Eritrean woman named F,

“It can happen from the neighbors, from the family members, the same ethnic group, strangers, the sellers and the service providers and men from the neighborhood.”

“I decided to register at Shagarab Camp. I asked the smuggler who connected me to a Sudanese man, but the man did not take me to the camp. He took me to some area where I had no idea where it was, and kept me in his house for about a month where I was subjected to repeated rape.

I did not know where to go or whom to talk to.”38 Another woman, R, was captured by Sudanese border security in late 2014 along with her two children. She was kept in captivity for over two weeks and raped multiple times by soldiers and sometimes by more than one soldier at a time.39 In another incident, an 18-year old Ethiopian migrant was lured into an empty property while house hunting, and was gang raped by seven perpetrators who filmed the incident. Although she was found by a police officer following the incident, she was not permitted to make a complaint and the incident was only pursued when the video was circulated six months later. Not only was the woman accused in the media of being a prostitute and having HIV, she was convicted for “indecent acts” in connection with the incident alongside her attackers, and threatened with further prosecution for illegal entry. The message was clear: migrant and refugee women who are attacked come forward at their own peril.40

Rape within the community While many of the perpetrators of rape were viewed as “others” - opponents in war or gangs -some of the perpetrators were clearly positioned as members of the community.

Respondents pointed to neighbors, service providers and others as perpetrators; “it can happen from the neighbors, from the family members, the same ethnic group, strangers, the sellers and the service providers and men from the neighborhood. A mentally handicapped young woman D from Omdurman was a victim of a similar attack. This young woman did not report the rape when it happened, but when her family discovered that she was pregnant she revealed that she had been raped by a neighbor who had a small shop

37 38 39 40

SIHA, “Eritrea Report: A Chronic State of Agony,” May 2015.

SIHA, “Eritrea Report: A Chronic State of Agony,” May 2015, p. 8.

“Eritrea Report: A Chronic State of Agony,” May 2015, p. 9.

“Sudan: Ethiopian Woman Gang Raped by Seven Sudanese Men Convicted of ‘Indecent Acts’”, February 20, 2014, available at http://www.sihanet.org/news/sudanethiopian-woman-gang-raped-seven-sudanese-men-convicted-“indecent-acts”

20 IT’S ALWAYS HER FAULT Sexual Violence in Sudan

near her house. She said that she had been passing by the shop when the owner called her in saying that he needed her. When she approached he grabbed her, took her to an empty house and raped her.41 In another incident, a 17-year-old girl in Al Salaam camp recounted how her neighbor’s son blackmailed her and forced her to have sex with him. He followed her into public bathrooms in the camp and propositioned her. She refused and he later returned, telling her that he had taken photos of her using the facilities and that if she did not agree to sleep with him, he would show the photos to others: “I went with him, I did it with him. He promised to delete the photos if I went with him, but he lied and kept them. He started to ask me to do it with him many times.”42 In both of these cases, neighbors appeared to take advantage of women who were particularly vulnerable due to their youth and/or their mental status. In these cases, the failure to ensure accountability creates a climate of impunity.

Rape within the family In addition to the risks that were identified by women in the community, in some circumstances, women and girls are also vulnerable to attacks by family members. In one such case,Y, a13-year-old girl was raped by her stepfather. She described multiple assaults in this way: He would send my brothers to my grandmother’s house, and then call me. If I refused, he took a whip and beat me, took off my clothes and do sex with me and leave. When my mother came back, he would lie to her, saying that I don’t listen to him and that I beat the kids. I tried to tell my mother the truth, but I’m scared of him, because he’s always there.43

Y told her mother about the abuse, but her mother did not believe her and threatened to disown her. Eventually, her aunt caught him in the act, told Y’s mother and took Y to the police. A number of other cases in which young women were raped by cousins, uncles or other family members were also referred to in focus groups.

One woman’s young sister reported that her cousin had attempted to rape her. The mother wanted to open up a legal case, but the father refused. Instead of seeking

41 42 43

Interview with a family member of the victim, Khartoum, March 12, 2015 Interview with victim, March 28, 2015 Interview with the survivor and a family member, Khartoum, March 12, 2015

IT’S ALWAYS HER FAULT 21 Sexual Violence in Sudan

criminal accountability, he simply kicked the cousin out of the house.44In cases of rape within a family, women are often fearful of seeking support from family members due to the risk of being ostracized, or suffering further violence.

Marital rape One case of marital rape was documented in the research: A, an educated woman in her 30s. She had previously split up with her husband, but returned to live with him and her young son because she could not afford to live on her own on the condition that they would not have sex. After about a year and a half, she discovered that she was pregnant. She was shocked, because to her knowledge, she had not had sex. At this point he admitted to having sex with her when she was unconscious. She surmised that he must be drugging her to make this possible. She was distraught, but felt that she had no recourse because she was still legally his wife.45 Others commented that marital rape cases were only likely to be reported if they were also linked to severe physical violence.

Many interviewees treated the idea of marital rape with skepticism. Some argued that a man forcing his wife could not be considered rape. This notion is deeply tied with cultural traditions that treat women as essentially their husbands’ property and not as autonomous actors. For example, a woman in Mayo said: “it’s not a rape because that is his right and she is his wife.”46 Another focus group participant agreed: “[t]he husband who forces his wife to have sex, for me I don’t see it as rape, but he cannot enjoy.”47 There was, however, some disagreement on this point and some acknowledged marital rape to be a crime. For example, a man in Mayo stated: “according to our Islamic rules you are not allowed to force your wife to do sex with you. You can only talk to her and remind her about her duties and that she must obey you. So I agree that if you force her, this should be considered rape.”48 However, even as he acknowledged marital rape is against Islam, he asserted the husband’s authority and his wife’s duty to satisfy her husband’s sexual desire, highlighting how far there is yet to go.

44 45 46 47 48

Focus group discussion, Wad El Bashir, March 2, 2015 Interview with victim, May 8, 2015 Focus group discussion, Mayo, March 10, 2015.

Focus group discussion, Wad El Bashir, March 1, 2015 Focus group discussion, Mayo, March 10, 2015.

22 IT’S ALWAYS HER FAULT Sexual Violence in Sudan

Drivers of Rape Rape in Sudan is driven by cultural, religious and political factors that legitimize violence against women. Over the past three decades, Sudan has gone through a very deep and troubling cultural shift due to ongoing political instability,and subsequent failures of the central regime to accommodate the cultural diversity and pluralism of the country.

Escalations in inter-communal violence have been both a consequence and driver of the conflicts, and have led to sexual violence becoming a pattern and a norm within conflict areas; not only between rival groups but also within communities. Women are equally victimized due to militarization and limited livelihood opportunities, which lead to women taking additional risks in the pursuit of work, including roles serving combatants.

The past 30 years have reshaped the country’s cultural identity through a systematic enforcement of militant Islamic ideology that has targeted the country’s legal framework, dramatically changed the education system, and has allowed a Salafi-dominated system complete control over media outlets. According to the Salafi teachings propagated by the regime, women have no place in the public sphere. Women who challenge this, either by choice or necessity, are considered by many to be acting against the culture and norms, and are often socially condemned and formally interrogated by the regime machineries. However, Sudan cannot escape the fact that women have become central elements in public life; their presence cannot be reduced and their ability to occupy more public space is increasing.

The ideological rejection of women in the public sphere is one reason why the rape of adult women is not persecuted in Sudan. Once women leave the home, they are blamed, as men cannot control their sexual desires. The rape of women in conflict zones is justified in the Salafi teachings as the bounty of the warriors. This research has clearly revealed that the core drivers of rape are largely linked to the fact that rape of women is not a considered crime in Sudan. Instead, rape is a normal act because of both women’s ideological and political position in the public sphere, and ethnic and class affiliations.

Normalization of rape In many cases, violence against women is tolerated and even normalized as illustrated by the community discussions documented by the research. A number of interviewees noted that rape was so common that it was viewed as normal. In the words of one health care provider women are influenced by “the pressure of the community and the old powerful people in the family who usually see it as normal when the victim is a girl, but

IT’S ALWAYS HER FAULT 23 Sexual Violence in Sudan

do support the option of the police if the victim is a male.”49 The normalization of rape is reinforced by acceptance of other forms of aggression against women, including “verbal abuse and insulting.”50

Culture of silence The normalization is also supported by a culture of silence “Some girls don’t wear which seeks to shame survivors and inhibit reporting. hijab or Islamic wear, Although some community members expressed support so if a man gets excited for survivors of rape, there are significant social pressures and rapes her, he is not blamed. She is the at play. Often survivors were blamed or haunted by one who is supposed to suggestions that they must, or might, have been responsible protect herself.” for “inviting” the attack. In a focus group discussion in Al Fashir, respondents said that rape occurred in IDP camps because “women of the camp give boys and men a chance to do it to them.” When asked what women do to open up this opportunity, respondents cited leaving the camp as an example.51 Related to this, judges and prosecutors report frequently that if there is no sign of a physical struggle, then there was no rape, despite the fact that the standard is whether or not the woman gave consent. This attitude also ignores the multitude of means of coercion that leave no physical mark, from threats with a weapon, to threats to the person or their family.

In some cases, reporting rape may also lead to rejection by a survivor’s husband or family. A number of women talked about negative reactions from their husbands.

One woman, who had been raped while doing casual labor said: “if I talk it will be a problem, my husband will not allow me to go for work again and I need to work.”52 A health care provider noted that he had never seen a female rape victim brought to the hospital by her husband. “They don’t come with their wives if they got raped,” he explained, “because they consider themselves as victims “Treat her very bad, they also, and blame the woman.”53 In other cases, women are beat them, chase them out, keep them in a closed rejected by other family members as well. In the words of a Darfuri community leader, they “treat her very bad, room. Many girls have they beat them, chase them out, keep them in a closed room. become psychologically Many girls have become psychologically disordered or have disordered or have psychological problems due to this.”54 There is even scope for psychological problems due to this.” criminal prosecutions for indecency or adultery to be laid at the feet of victims. This was reinforced by the notion

49 50 51 52 53 54

Interview with gynecologist, Khartoum, April 25, 2015 Interview with health care worker, Khartoum Focus group discussion, Al Fashir, March 23, 2015 Interview with victim, March 28, 2015 Interview with gynecologist, Khartoum, April 25, 2015 Interview with community leader, Darfur, March 28, 2015

24 IT’S ALWAYS HER FAULT Sexual Violence in Sudan

that a woman, if not already married, will be rendered unmarriageable if she admits to being a victim of rape. Being unable to marry is particularly devastating in a cultural context within which women are often financially dependent on men.

Customary law Customary law frequently reinforces the perception that survivors of sexual violence are spoiled or corrupted, and must marry the perpetrator. For example, Nubian respondents said that in their customary law tradition, the perpetrator would be given the option of marrying the victim if she was unmarried. If he refused, then he would go to jail. If the woman was married, the perpetrator would be asked to pay money. In some cases, he would be asked to pay the equivalent of the woman’s dowry and would then take her as a wife. In other traditions, a man would be fined if he refused to marry the victim.55These practices result in forced marriage, and subjugate the rights of the survivor to the economic interests of her family.

Blaming the mother In cases where children are raped, this culture of blaming shifts. In these cases, the blame can shift to the mother. In the words of a health care provider, people often “blame the mother, asking why she didn’t look carefully after her [the victim].”56This was reiterated by a police officer in the child protection unit who said that “the reasons behind the rape crimes are the absence of the parents and the lack of morality in the community.”57 These narratives of blame not only obscure the responsibility of the perpetrator, they also ignore the multiple demands on women’s time.

The flip side of blaming women is a parallel message that men either cannot, or should not be expected to control themselves or their sexual urges. Although some acknowledged that men should take responsibility for their actions, a large number of interviewees presented men as unable to control their urges. In the words of one Darfuri, “the man is like a dog, he can’t control himself. If he finds a chance, he can do it. The girls should be careful and don’t give them a chance.”58 Part of the implied responsibility of women entails controlling their dress and movements. Another Darfuri said, “Some girls don’t wear hijab or Islamic wear, so if a man gets excited and rapes her, he is not blamed. She is the one who is supposed to protect herself.”59 This culture, though not limited to Sudan, has a negative impact on combating rape.

By removing the responsibility of men, it entrenches impunity at all levels, including the social level.

55 56 57 58 59

Focus group discussion, Al Fashir, March 23, 2015 Focus group discussion, Al Fashir, Darfur, March 28, 2015.

Focus group discussion, Al Fashir, March 23, 2015 Focus group discussion, Al Fashir, March 23, 2015 Focus group discussion, Al Fashir, March 23, 2015

IT’S ALWAYS HER FAULT 25 Sexual Violence in Sudan

The intersection of gender and other vulnerabilities Even though all women are vulnerable to rape, they are not all equally vulnerable.

Those who are members of other marginalized groups; migrants, refugees, ethnic and religious minorities and the poor are even more at risk. In Darfur, for example, certain women are being systematically targeted for rape on the basis of their ethnic identity.

As their ethnicity is associated with a particular political movement, their bodies become a battleground. In Khartoum, Nubians and Darfur is were cited by medical professionals as the majority of rape survivors seeking care.60 In the same way in which the devaluation of women is used to justify and legitimate rape, the devaluation of these ethnic groups drives their victimization.

In other cases, ethnic stereotypes which present Nubian and Darfuri women (in implied contrast to Northern Sudanese) as promiscuous can be used to legitimize rape. In the case of U,her ethnicity was given as a reason not to rape her. She recounted that one of the security officers that assaulted her told the other that he should not penetrate her because she was “khadim” (non-Arab) and a “sharmuta” (prostitute), and “she can give you diseases.”61 In another case, an admitted perpetrator justified raping a Nuba woman, “it is OK according to their culture. This kind of people have no problems with these things, they do it and accept it as normal.”62 This racism seeps into the provision of services as well. In the words of a doctor, “if you’re from Darfur or Nuba they won’t help you.”63 Similar assumptions drive victimization of refugees and migrants.

In addition, women who live in marginalized and poor areas, and who work in the informal sector appear to be at greater risk of rape than their middle and upper class counterparts. In poor communities, there is less security generally and therefore less protection against rape. Even where they are aware of the failure of the government and the community to make spaces safe for women, they often have less choice than their middle and upper class counterparts to avoid those spaces, compelled by the need to provide for their families. As one Darfuri woman who was abused multiple times in the workplace said: “How else am I going to feed my kids?” Many women in the informal sector do not have the luxury of staying home or moving around only with male guardians, they need to travel and work to survive. Unfortunately, rather than valuing their work ethic, social norms also question their integrity.

Finally, women who are poor are likely to have more difficulty in accessing services and justice. Where services are available only for pay, they may be excluded. In terms of access to justice, they may be less able to access a lawyer to pursue their case or may have less time to devote to following up on their own cases with the police or other institutional structures on their own.

60 61 62 63

Interview with medical professional, Khartoum, April 25, 2015 Interview with student at the University of Khartoum, May 8, 2015 Interview with perpetrator, Khartoum, April 15, 2015 Interview, female doctor, April 30, 2015

26 IT’S ALWAYS HER FAULT Sexual Violence in Sudan

Access to Services The difficulties of rape survivors do not end at the physical violence. They need support from their communities and access to medical and psychological care, as well as justice if they are to rebuild their lives. Unfortunately, there are a myriad of obstacles to accessing both services and justice.

Access to sexual and reproductive health services There are a number of obstacles which impede survivors’ access to sexual and reproductive health services in Sudan. Women and girls who have survived sexual violence are often hesitant to speak about their experiences, due to both trauma and potential stigmatization. This limits the ability of medical service providers to provide adequate follow-up care.

Another sensitive issue is access to abortion. Although abortion is illegal in most cases under Sudanese law, it is legal in cases of rape or incest.64 Given the difficulty in proving rape and incest, however, and the general obstacles to obtaining appropriate medical care, it is unclear under what circumstances abortion might be available in practice. As one doctor said: “if a woman aborts, it is another crime, and she will likely go to jail for it.”65In the words of another doctor, many victims are forced to pursue “traditional methods of abortion, which are very dangerous.”66 In Darfur, a midwife who assists with abortions reported performing five to seven procedures per month. In many cases, she noted, it is likely that girls want such services, but either don’t know where to find them, or are unable to afford them. 67

Access to medical treatment Further complicating matters, between 1991 and 2004, the Sudanese Criminal Procedure Act required survivors of sexual violence to obtain the infamous Form 8 at a police station before they could get medical treatment. Form 8 is a one page reporting document produced by the Ministry of Justice to record physical injuries related to criminal acts. Women survivors of rape in Darfur used to be denied post-trauma medical assistance unless they agreed to complete Form 8. Although a ministerial decree effective 6 October 2016 was issued to allow women to access medical treatment

64

Women on waves, “Abortion law in Sudan,” available online at https://www. womenonwaves.org/en/page/5025/abortion-law-sudan 65 Interview, female doctor, April 30, 2015 66 Interview with a doctor, Khartoum, April 12, 2015 67 Interview with midwife in Al Fashir, April 9, 2015

IT’S ALWAYS HER FAULT 27 Sexual Violence in Sudan

without Form 8under certain circumstances,68 the majority of health care providers interviewed for this research still required it. In one health center, staff said “we cannot help them [victims of rape] if they don’t have Form 8.”69 In a number of cases, medical professionals said that in the event that a rape survivor came in without Form 8, they would be required to call police already in the hospital to obtain it. One doctor complained that confidentiality was impossible with “the police and Form 8.”70 She went on to say that if they were to offer care without a Form 8, they would be in trouble with the police. In several small clinics, medical professionals interviewed said that they couldn’t deal with rape cases, because Form 8 was only available in big hospitals.71 In some facilities, there seemed to be greater capacity to ensure confidentiality. In one expensive private clinic, a doctor said that in rape cases, “I don’t tell the police, because I am a doctor and this is a violation of the patient’s rights.”72 At another health center, known for treating victims of trauma, a health care worker said: “normally we don’t report the cases which come to us to the police, but if they need our statement we will give them all details to help and support the victim.”73 Activists have long opposed Form 8.

In the words of a male activist, “to make it compulsory for victims to get Form 8 to receive medication is not fair.”74 The obstruction of humanitarian aid in Darfur was also cited as an obstacle to accessing services. Women in Darfur referred to the decline in services due to the expulsion of international humanitarian organizations in 2009. These organizations, the women explained, “left behind only local organizations which do not have access to provide food or even medicine for people.”75Another barrier to seeking medical care is the cost. Treatment can cost up to 5,000 Sudanese pounds (approximately USD 750) in a private clinic76 and even in public or charitable facilities treatment is not free.77 Survivors who are poor may not be able to afford care. In one poignant example a rape survivor required “surgery because there was a deep cut in the anus and vagina

68

International Commission of Inquiry on Darfur, “Report of the International Commission of Inquiry on Darfur to the United Nations Secretary-General pursuant to Security Council Resolution 1564 of 18 September 2004,” 25 January 2005, at para 427, available at http://www.un.org/news/dh/sudan/com_inq_darfur.pdf.

69 Interview with medical professional, Khartoum, April 25, 2015 70 Interview with gynecologist, Khartoum, April 25, 2015 71 Interview with a doctor at a clinic, Khartoum, May 9, 2015; Interview with medical professional, April 30, 2015 72 Interview with medical doctor, Khartoum, May 26, 2015 73 Interview with health care worker, Khartoum, May 2015 74 Interview with male member of Grifna, Khartoum, April 19, 2015 75 Focus group discussion, Al Fashir, March 27, 2015 76 Interview with medical doctor, Khartoum, April 12, 2015 77 Interview with medical doctor, Khartoum, May 26, 2015

28 IT’S ALWAYS HER FAULT Sexual Violence in Sudan

causing them to open into one another, but she [the patient] could not do it because it was expensive. This woman left the hospital without the permission of the police.”78

Access to psychological services Another gap in care has to do with access to psychological and psychiatric care. A medical doctor interviewed for this research highlighted the importance of psychological care to address “the internal and emotional damage that happened to the victim such as loss of self-confidence, feelings of self-blame and severe depression which can lead the victim to kill herself.”79 It was clear that victims face extreme difficulty in accessing psychological care. In the words of one medical professional, rape victims are “supposed to talk to the psychologist, but it doesn’t happen.”80 In the context of Darfur, it was noted that in many areas there was no availability of psychological services and as a result, victims needed to be transported to Al Fashir for treatment. Staying in town, however, was impractical for many of them and so the psychologist suggested that they meet weekly to discuss their experiences.81 In Khartoum, psychosocial services are relatively advanced. However, women survivors remained in need of logistical and social support to access these services. These forms of support are often hard to attain for survivors of sexual violence, due to both poverty, and social and cultural stigma. For example, according to many survivors the cost of transportation to access services presents a serious obstacle. A number of psychiatrists and councilors stated that women often cannot afford to sustain their treatment course and drop out of therapy. One psychologist stated that economic empowerment should be a central part in the rehabilitation process for rape survivors in poverty. She further asserted that relying on the provision of service alone without considering the means to access it could have disturbing ramifications on the sexual violence survivors since they can afford to complete their therapy. The research also observed that even among the psycho-social support service providers, strong prejudice exists towards adult women; placing an extra burden on the rape survivors and further complicating their healing process.

Access to Justice Thus far, it is almost impossible to find a prosecution of rape against an adult victim (male or female) in Sudan. When women come forward to report rape despite tremendous pressures, there are nearly insurmountable obstacles to accessing justice.

Many said that they were unlikely to get a response from the police. One woman who

78 79 80 81

Interview with medical professional, April 25, 2015 Interview with a doctor, Khartoum, April 12, 2015 Interview with medical professional, Khartoum, April 25, 2015 Cases documented by the research team

IT’S ALWAYS HER FAULT 29 Sexual Violence in Sudan

had filed a case said, “we got nothing because they have not found those guys yet.”82 In Darfur, the government’s denial of rape was seen to exacerbate the problem. In the words of one IDP woman: “If we go to the police to give us help they will not or they can also have problems because it is the policy of the government in Darfur to say that there are no rape cases.”83Another claimed that the police are unwilling to take action “even if it has been proved or is an obvious case of rape, the police refuse to open a case for us.”84 Even if a case is opened, there are a number of legal obstacles to achieving justice.

Definition of rape The definition of rape in national law does not conform to international standards.

Until 2015, only vaginal or anal penetration with the penis could be considered rape.

Although the 2015 amendments significantly expand the range of the act, including penetration with another part of the body or with an inanimate object, the definition of rape still does not include oral penetration with a sex organ which is in contradiction with international jurisdictions.85

Conflation of rape and ‘zina’ A second problematic aspect of the definition is the conflation of rape and zina, or adultery. Until 2015, rape was defined under the 1991 Sudan Criminal Law Act as zina without consent. Zina is considered a hudud crime. That is, a crime for which strict penalties are imposed: 100 lashes for unmarried offenders and death by stoning for married offenders.86 This also means that a woman making a complaint of rape may be considered to have confessed to zina and thus opens herself up to potential prosecution in the event that she cannot prove that the intercourse was not consensual.

In this context, it is unsurprising that Tonnesson says: “the lawyers interviewed advise their clients against reporting rape.”87 Although the 2015 legal reforms removed the notion of zina from the definition of rape in the criminal code, thereby addressing some of these issues, ambiguity remains. For example, although the distinction of rape from zina should minimize the risk of a complaint of rape being taken as evidence of zina, the crime of zina remains on the books, so there is no guarantee that such

82 83 84 85

Interview with victim, March 25, 2015 IDP woman in focus group discussion, North Darfur, March 26, 2015 Focus group discussion, Al Fashir, March 27, 2015 African Centre for Justice and Peace Studies, “Sudan’s new law on rape and sexual harassment: One step forward, two steps back?” March 8, 2016; Redress and the Khartoum Centre for Human Rights and Economic Development, “Reforming Sudan’s Legislation on Rape and Sexual Violence,” September 2008.

86 MunaEltayeb M. Eltayeb, “Jurisprudence on Sexual Offences and Proposals to Close the Gaps for the Prosecution of Rape in the Sudan,” Equality Now, 2014, p. 2 87 LivTonnesson, “When rape becomes politics: Negotiating Islamic law reform in Sudan,” Women’s Studies International Forum: 44(2014, p. 145-153).

30 IT’S ALWAYS HER FAULT Sexual Violence in Sudan

charges might still not be brought.88 Furthermore, considering rape as a sub-type of zina excludes the possibility of marital rape, since zina is defined as sex between unmarried people. The notion that rape cannot occur inside marriage is further reinforced by the 1991 Muslim Personal Law Act of Sudan, which provides that a woman “shall always obey her husband,” provided that he has paid the dowry and provides her a home.89Although the separation of zinafrom rape should make it possible to prosecute marital rape, serious barriers persist: the law doesn’t explicitly provide for it, and cultural norms and the persistence of the 1991 Personal Law Act mitigates against prosecutions in practice. For example A, who believed that she could not bring a case because the perpetrator was her husband.

Standard of evidence Another complication arising from this definition is the evidence required.

Traditionally, due to the serious nature of zina, the standard of evidence was quite high – traditionally only the testimony of four male witnesses, confession of the perpetrator or pregnancy out of wedlock could be accepted. Although the law on rape has been changed to remove the reference to zina, the law on evidence has not been changed and there is no specific guidance as to how the re-characterization of the crime will impact evidentiary requirements. Experience thus far, however, shows inconsistent practice. In a review of Sudanese jurisprudence, MunaEltayeb found that although some judges imposed strict traditional standards, others would consider other forms of evidence, including the statement of the complainant, witness statements from women, and medical reports.90Referring to medical evidence, a lawyer in Darfur said: “Some judges consider it as evidence with other conditional evidence, some others won’t consider it. There is no constant and clear system.”91 In some cases, the testimony of women was said to be treated with less seriousness than that of men. In other cases, charges were thrown out or reduced to the lesser charge of gross indecency because the evidence did not meet with the applicable standards. In addition, in practice a wide range of actions were viewed to amount to consent, including going home with a perpetrator late at night, failing to report the crime in a timely manner,92 or even lack of evidence of a physical struggle.93

88

African Centre for Justice and Peace Studies, “Sudan’s new law on rape and sexual harassment: One step forward, two steps back?” March 8, 2016.

89 The Muslim Personal Law Act of Sudan, 1991, Section 91, available at http:// www.equalitynow.org/content/muslim-personal-law-act-sudan-1991.

90 MunaEltayeb, “Jurisprudence on Sexual Offences and Proposals to Close the Gaps for the Prosecution of Rape in the Sudan,” Equality Now, 2014 91 Interview with lawyer, Al Fashir, May 26, 2015 92 MunaEltayeb, “Jurisprudence on Sexual Offences and Proposals to Close the Gaps for the Prosecution of Rape in the Sudan,” Equality Now, 2014 93 Interview with judge

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Consent Another positive aspect of the 2015 legislative change to the 1991 Sudan Criminal Act has been the expansion of the circumstances in which an act will be deemed not to be consensual. As noted above, there is a strong cultural perception, and sometimes an insistence by legal professionals that in order for an act to be considered rape a woman must have physically fought back. The 2015 legislative change recognizes that a person cannot consent in circumstances where there is use of “force, intimidation or coercion by fear or the use of violence detention, psychological persecution, temptation or abuse of power.”94 This significantly broadens the scope and includes situations in which psychological pressure is exerted. However, the list of circumstances in which consent is excluded may not be sufficiently broad to cover all circumstances which should be covered. While the expansion of the definition of‘non-consensual’ is positive, language indicating that a person can be considered unable to consent for “luring-related” reasons is unclear. Given the tendency to blame victims noted above, this should be better defined to prevent victims from being accused of luring the perpetrator.95

Age of consent In addition, while the law is clear that children cannot consent, there continues to be ambiguity in the law regarding the age of consent. Under the The Muslim Personal Law Act of Sudan1991, an adult is defined as “a person whose puberty has been established by definite natural features and has completed fifteen years of age. Whoever attains eighteen years of age shall be deemed an adult even if features of puberty do not appear.”96 This definition is problematic because it gives no weight to psychological maturity and is ambiguous.97 In contrast, the Child Act of 2010 defines an adult as a person over 18, consistent with international law. It is not clear, however, how the discrepancy between the two laws will be resolved in practice. Further complicating the picture, the 1991 Muslim Personal Law Act provides that marriage can take place at puberty, which for girls is recognized to occur between the ages of 9 and 15.98 This raises serious

94

2014 Reforms of the 1991 Criminal Code, quoted in African Centre for Justice and Peace Studies, “Sudan’s new law on rape and sexual harassment: One step forward, two steps back?” 8 March 2016.

95 African Centre for Justice and Peace Studies, “Sudan’s new law on rape and sexual harassment: One step forward, two steps back?” March 8, 2016.

96 Redress and the Khartoum Centre for Human Rights and Economic Development, “Reforming Sudan’s Legislation on Rape and Sexual Violence,” September 2008 97 Redress and the Khartoum Centre for Human Rights and Economic Development, “Reforming Sudan’s Legislation on Rape and Sexual Violence,” September 2008 98 Samia al-Nagar and LivTonnesen, “Sudan Country Case Study: Child Rights,” Commissioned by Noras and SIDA, UTV Working Paper 2011: 3, February 2011, available at http://www.cmi.no/publications/file/4106-sudan-country-case-study-child-

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questions about the possibility of consent in early marriages.

State immunity Another obstacle to successful prosecutions is the fact that Sudanese law allows for immunity of a broad range of state officials. These laws include Article 33 of 1998 National Security Forces Act; Article 46 of the 1999 Police Forces Act; and Article 8 of the 1986 People’s Armed Forces Act as expanded by a 2005 presidential decree which grants immunity to military actors in the performance of their official duties and grants immunity to government law enforcement personnel, including security, police, military, militias and guards.99 This immunity can be lifted only with the permission of an individual’s superior officer.100 In 2012, the Sudanese Minister of Justice was quoted as saying that an astounding 25% of the population enjoyed immunity under one or another of these laws.101 In practice, this means that when women are raped by government personnel, they stand very little chance of getting justice.

Together, these conditions make it very difficult to prove cases of sexual violence. In only one case documented for this research, the case of S was a perpetrator actually convicted. In this case, the victim was a child, so the issue of consent was not at issue, but still the initial approach to the police was unsuccessful, and it was only after she got her own lawyer that the case was prosecuted successfully.

rights.pdf.

99 Adrienne L. Fricke with AmiraKhair, “Laws without Justice: An Assessment of Sudanese Laws Affecting Survivors of Rape,” Refugees International, 2007, available at http://www.refworld.org/docid/47a6eb870.html 100 Redress and the Khartoum Centre for Human Rights and Economic Development, “Reforming Sudan’s Legislation on Rape and Sexual Violence,” September 2008, at p.42 101 Nobel Women’s Initiative and the International Campaign to Stop Rape & Gender Violence in Conflict, “Survivors Speak Out: Sexual Violence in Sudan,” November 2013, at p. 19.

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Recommendations 1. Legal Reform 1.1 The definition of rape under the 1991 Sudanese Criminal Act must be expanded to conform to international law While the 2015 legal reforms expanded the definition of rape under national law, the definition still does not conform to international standards. The law should be reformed to ensure that oral penetration with a sex organ is included in the definition of rape, and should make explicit that marital rape is considered a crime. Until such legislative reform is achieved, prosecutors and judges can use existing law to prosecute cases of oral penetration under other legal headings such as gross indecency and can apply existing law to prosecute marital rape.

1.2 The definition of consent under the 1991 Sudanese Criminal Act must be reviewed to conform to international law While the 2015 legal changes are positive, ambiguity around the issue of consent remains. The definition of consent should be reviewed to ensure that all unacceptable forms of coercion are covered. New legislation should also be developed to clarify the age of majority for the purposes of consent.

1.3 The age of majority and the age of marriage, under the The Muslim Personal Law Act of Sudan 1991and the 1991 Sudanese Criminal Act, must be reviewed to conform to international best practice legislation The age of marriage, consent and majority (adulthood) are conflated within Sudanese law and culture. Girls under the age of 18 should be afforded the full protection of children under the law.

1.4 Women who report sexual violence must be protected at law from zina charges Women who report sexual violence must, under no circumstance, be prosecuted for adultery under the 1991 Sudanese Criminal Act. Legislative reform of zina provisions must be prioritized, to ensure that women are able to report sexual violence without fear of prosecution. Women must also be protected from zina charges where their case is unsuccessful. Prior to legislative reform, prosecutors should commit to using their prosecutorial discretion to ensure that women who report rape will not be prosecuted for adultery.

1.5 ‘Form 8’ required under (section?) of the Sudanese Criminal Procedure Act (Date?) must be abolished in all circumstances

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Form 8 must be abolished in all circumstances to ensure that access to medical services is separate from police reporting. Although a ministerial decree, effective 21 August 2004, allows women to access medical treatment without Form 8 under certain circumstances, the majority of health care providers still require it.

1.6 Abolish immunity for state actors who perpetrate sexual violence All legislative provisions that afford state actors immunity should be amended to explicitly exclude cases of sexual violence, including Article 33 of the 1998 National Security Forces Act, Article 46 of the 1999 Police Forces Act; and Article 8 of the 1986 People’s Armed Forces Act as expanded by a 2005 presidential decree.

2. Increase access to justice for survivors 2.1 Develop confidential reporting procedures for SGBV victims Confidential reporting procedures are critical to ensuring that women are able to report sexual violence without the fear of stigma or secondary victimization. Further measures such as increasing the number and presence of female police officers, and establishing one-stop centerswhere survivors can receive medical, psycho-social and legal services, could also encourage reporting.

2.2 Build the capacity of the police, prosecutors and the judiciary to handle sexual violence cases Specialized trainings on sexual violence case management for the police, prosecutors and the judiciary are essential to increasing access to justice for survivors of sexual violence. The failure of the justice system to hold perpetrators accountable has resulted in a climate of impunity, which in turn continues to be a driver of the conflicts in Sudan.

2.3 Engage with traditional leaders to address harmful practices under customary law Customary justice mechanisms frequently result in the secondary victimization of survivors of sexual violence; including through forced marriage, and fines that subjugate the rights of the survivor to the economic interests of her family. It is imperative that key stakeholders engage with traditional leaders on sexual violence cases to increase access to justice for survivors, and to address harmful traditional beliefs and practices.

3. Improve access to healthcare services 3.1 Conduct trainings for healthcare service providers and the police on ‘Form 8’ and access to healthcare Trainings and a targeted information campaign for healthcare service providers and the police is urgently needed to clarify the current application

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of Form 8 under Sudanese law, and to ensure that survivors of sexual violence are able to access essential healthcare services.

3.2 Humanitarian programmers providing essential services must not be restricted by the government Urgent action must be taken to increase the availability of services by removing restrictions on humanitarian programming, and ensuring that providers are facilitated rather than harassed. These services are particularly needed in IDP camps due to the concentration of rape survivors there and the inaccessibility of alternative services nearby. Where possible, these services should be made available for free or at low cost to ensure that they are accessible to all survivors.

4. Invest in awareness, response and protection programming 4.1 Develop practical solutions, including the establishment of safe spaces and collaborative community based referral pathways This research identified a significant gap in protection programming for survivors of sexual violence in Sudan. Civil society organizations are ideally placed to ensure a community-based approach to protection programming, and to develop effective measures to safeguard survivors.

4.2 Develop sexual violence response programmers that incorporate economic opportunities for survivors Poverty was identified as a core factor contributing to women’s vulnerability and exposure to sexual violence. Many survivors are forced to continue living alongside their perpetrators, or to continue to expose themselves to the same risks, due to their poverty and limited livelihood opportunities.

5. Break the culture of silence and address stigmatization 5.1 Civil society organizations must challenge the culture of silence and stigmatization surrounding sexual violence This research exposed the unwillingness of many civil society organizations to address sexual violence perpetrated against adult women. Civil society organizations should hold open and honest discussions on the harmful cultural stigma and religious teachings relating to survivors of sexual violence, and develop a strategy to address the culture of silence and stigmatization.

End

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IT’S ALWAYS HER FAULT 37 Sexual Violence in Sudan