Domestic Accountability for Sexual Violence: The Potential of Specialized Units in Kenya, Liberia, Sierra Leone and Uganda

Author(s)
Kim Thuy Seelinger
Publication Date
September 9, 2016
Publication Type
Journal Article
Topic(s)
Conflict, Public Health

Summary

From 2011 to 2014, the Human Rights Center conducted qualitative research in Kenya, Liberia, Sierra Leone and Uganda to identify accountability mechanisms and challenges related to sexual violence committed during periods of conflict or political unrest. This article shares two aspects of that research: first, it presents key challenges related to the investigation, prosecution and adjudication of sexual violence committed during and after the periods of recent conflict. Second, it flags the emergence of specialized units tasked with investigating and prosecuting either sexual and gender-based violence or international crimes, noting the operational gap between these institutions. It notes that if not bridged, this gap may impede responses for the intersecting issue of sexual violence committed as an international crime. The article closes with recommendations for a more coordinated response and more accountability at the domestic level.

Key Takeaways

  • The article emphasizes the potential of specialized units in Kenya, Liberia, Sierra Leone, and Uganda to improve accountability for sexual violence, especially during conflict periods. Despite challenges, these units may enhance investigations and prosecutions by focusing resources and expertise on these cases.
  • National legal systems play a critical role in addressing sexual violence as international tribunals face limitations like jurisdictional challenges and a focus on high-ranking perpetrators, leaving many low to mid-level perpetrators unprosecuted.
  • Key challenges to prosecuting sexual violence during conflicts include survivors’ reluctance to report due to stigma and trauma, lack of infrastructure, and the absence of evidence collection capabilities. Specialized units can help overcome these barriers by offering trained personnel and focused resources.
  • The article notes a ‘two-track’ approach, where specialized units for gender-based violence and for international crimes operate separately, potentially complicating the response to sexual violence as an international crime. Bridging these tracks through coordination and cross-thematic training is essential for effective accountability.
  • Specialized police and prosecutorial units face challenges, such as limited resources and lack of mobility, affecting their capacity to effectively investigate and prosecute crimes. Improving logistical and structural support is crucial for these units to function efficiently.
  • The article calls for cross-thematic training, better coordination between specialized units, and independent evaluations to improve responses to conflict-related sexual violence as international crimes. These steps aim to enhance both general accountability and the capacity to handle complex cases involving international legal frameworks.

Suggested Citation

Seelinger, K. (2016)
Domestic Accountability for Sexual Violence: The Potential of Specialized Units in Kenya, Liberia, Sierra Leone and Uganda.
Human Rights Center, UC Berkeley. https://humanrights.berkeley.edu/publications/domestic-accountability-sexual-violence-potential-specialized-units-kenya-liberia/