International Day for the Elimination of Sexual Violence in Conflict, 19 June[i]

[i] The United Nations: “International Day for the Elimination of Sexual Violence in Conflict, 19 June“.

The world observes the 19th of June[i] of each year as the International Day for the Elimination of Sexual Violence in Conflict[ii], in order to raise awareness of the need to put an end to conflict-related sexual violence, to honour the victims and survivors of sexual violence around the world and to pay tribute to all those who have bravely devoted their lives to and lost their lives in standing up for the eradication of these crimes.

A consistent concern is that fear and cultural stigma converge to prevent the vast majority of survivors of conflict-related sexual violence from coming forward to report such violence. Practitioners in the field estimate that for each rape reported in connection with a conflict, 10 to 20 cases go undocumented.

While many countries are affected by the threat, occurrence or legacy of conflict-related sexual violence, the annual report of the UN Secretary-General on Conflict-related sexual violence focuses on 19 country cases for which information verified by the United Nations exists, Libya is one of these countries[iii].

The threat of sexual violence has surfaced in Libya since the early days of the armed conflict in Libya, when Colonel Gaddafi’s[iv] security brigades resorted to the use of force in an attempt to quell the popular demonstrations that erupted in several Libyan cities in February 2011. It is difficult to determine the extent of the use of “rape as a weapon in conflicts” by Gaddafi’s brigades, and although there was disagreement among international experts over the numbers of casualties[v], but from “consistent reports from people, organizations, United Nations entities and others on the ground … this [sexual violence] was part of the arsenal [of] weapons used by Gaddafi forces” Ms. Margot Wallstrom, Special Representative of the UN Secretary-General on Sexual Violence in Conflict. Evidence emerged later that the use of sexual violence came within the framework of a policy set by the regime and with its encouragement, and not as individual incidents[vi].

In a conservative society, which treats issues of sexual violence and rape as a social disgrace, allegations of sexual violence[vii] in the early days of the Libyan revolution created a huge shock and outrage among the Libyan and international community, and as described by Dr. M. Cherif Bassiouni, head of the International Commission of Inquiry in Libya, ‘massive hysteria’[viii].

The cessation of large-scale armed confrontations, following the withdrawal of forces loyal to Khalifa Haftar from the vicinity of the Capital Tripoli, and the signing of a ceasefire in October 2020, gave hopes for an end to the conflict in Libya and an opportunity to prevent further violations against civilians. However, the postponement of the elections, which were scheduled to take place on December 24, 2021, has strained the political process in Libya. The spread of insecurity allowed the growing influence of armed militias, the growing activity of local and transnational smuggling and human trafficking networks, and the continuation of rape and sexual exploitation crimes with impunity, amid the worsening migration crisis.

The Independent Fact-Finding Mission on Libya reported that “rights activists had been abducted and subjected to sexual violence in order to silence them. Some survivors of sexual violence perpetrated by armed men decided not to lodge official complaints, owing to concerns for their security”[ix]. The United Nations Support Mission in Libya (UNSMIL) “verified 23 cases of conflict-related sexual violence, including rape and forced prostitution, perpetrated against 9 Libyan women and 14 migrant women, including from Cameroon, Somalia and the Sudan”[x].

The emergence and spread of patterns of sexual violence in Libya is due to the emergence and renewal of conflicts and violent extremism, which resulted in the spread of weapons and militias, displacement, and the collapse of the rule of law. Thus, to address and reduce sexual violence in Libya, the Libyan legislative authority must adopt legislations to combat human trafficking in accordance with the International Law and address the interrelationship between sexual violence and conflict-related trafficking in accordance with Security Council Resolution 2331 (2016). Until this is achieved, the Libyan government must:

• Investigate and prosecute all allegations of sexual violence, and provide protection, comprehensive health, psychological and social services, and reparations to victims,
• Handle cases related to sexual violence confidentially to protect the identity of victims, who wish to keep their identity hidden for social considerations or fear of reprisals,
• Release all those detained arbitrarily and without legal basis, especially those who have survived trafficking, torture, and rape,
• Take the necessary measures to protect female detainees from sexual violence and sexual exploitation, starting with hiring female guards in women’s sections in places of detention and prisons and access to humanitarian aid,
• Facilitate and support the work of United Nations experts on sexual violence issues and enable them to interview victims[xi],
• Separate juveniles from adults in prisons so that they are not exposed to sexual violence, and increase visitations by parents and social welfare representatives,
• Reconsider migration policy in Libya and take protection measures in order to mitigate the risk of sexual violence in the context of immigration detention,
• Those who escape “ISIS” should be treated as victims of terrorism[xii], rather than accomplices of “ISIS”, unless evidence prove otherwise, and
• Intensify awareness, training, and rehabilitation campaigns, in order to reduce the sense of social shame, and thus encourage victims to report violations.

Human Rights Solidarity

Tripoli – Liby

[i] On 19 June 2015, the United Nations General Assembly (A/RES/69/293) proclaimed 19 June of each year the International Day for the Elimination of Sexual Violence in Conflict. The date was chosen to commemorate the adoption on 19 June 2008 of Security Council resolution 1820 (2008), in which the Council condemned sexual violence as a tactic of war and an impediment to peacebuilding.

[ii] The term “conflict-related sexual violence” refers to rape, sexual slavery, forced prostitution, forced pregnancy, forced abortion, enforced sterilization, forced marriage and any other form of sexual violence of comparable gravity perpetrated against women, men, girls or boys that is directly or indirectly linked to a conflict. The term also encompasses trafficking in persons when committed in situations of conflict for the purpose of sexual violence or exploitation.

[iii] United Nations, Reports of the Secretary-General to the Security Council on Conflict-Related Sexual Violence, Libya: (2015 Report), p. 15; (2016 Report), p. 13; (2017 Report), p. 14; (2018 Report), p. 13; (2019 report) p. 12; (Report 2020) p. 14; and (2021 Report), p. 13.

[iv] Colonel Gaddafi himself was subjected to sexual violence when he was captured on October 20, 2011.

[v] Reuters: “Rape used as weapon of war in Libya and elsewhere: U.N.“, June 10, 2011. Excerpt from the report, “International Criminal Court investigators have evidence linking Libyan leader Muammar Gaddafi to a policy of raping opponents and may bring separate charges on the issue, ICC chief prosecutor Luis Moreno-Ocampo said on Wednesday. Cherif Bassiouni, head of a U.N. rights inquiry which went to areas controlled by both rebels and Gaddafi, appeared to cast doubt on the ICC report on Thursday, although his team’s report accused government forces of murder, torture, and abduction. Bassiouni said each side had accused the other of deploying fighters armed with impotency drugs to carry out rapes, creating what he called a “massive hysteria” in Libya. His team uncovered only four alleged cases — Eman Al-Obaidi who claimed she was gang-raped by pro-government militiamen and three women in Misrata who said they had been sexually abused. “Can we draw a conclusion that there is a systematic policy of rape? In my opinion we can’t,” Bassiouni said. “For the time being, the numbers are very limited.” But Wallstrom, a former Swedish minister, said information collected by her office backed Moreno-Ocampo’s view. “Everything we see and hear reported points to that,” she told reporters. “What we have is consistent reports from people, from organizations, from U.N. entities and others on the ground,” she added. “It is difficult to give you a figure, but this is part of the arsenal, the weaponry that Gaddafi’s troops use.””.

[vi] The most prominent evidence is the recording of a telephone conversation between al-Baghdadi al-Mahmoudi, Gaddafi’s Prime Minister at that time, and al-Tayeb al-Safi, a close associate of Gaddafi, in which they talked about the presence of large numbers of Gaddafi forces inside the city of Zuwara, on March 14, 2011. The two did not talk explicitly about rapes going on, but implicitly, and did not denounce or condemn them, but rather they endorsed such acts. The recording was published on YouTube, on September 4, 2011 (link).

[vii] The allegations of use of sexual violence by Gaddafi forces began when, on Saturday, March 26, 2011, a Libyan woman, Iman al-Obeidi, entered the Rixos Hotel in Tripoli, where foreign journalists and correspondents were staying, and claimed that she had been “tortured and gang-raped by Gaddafi’s men,” and screamed, “Look what is happening .. Gaddafi’s militias abduct women with force and rape them .. they rape them.” The New York Times: “Libyan Woman Struggles to Tell Media of Her Rape” March 26, 2011. Times Malta: “‘Raped’ woman escapes to Qatar” May 10, 2011.

[viii] The use of violence as a weapon of war in Libya did not stop with the capture and killing of Colonel Muammar Gaddafi in October 2011. Rather, it continues until now and is widely practised, especially in prisons and detention centres in Libya. Human Rights Solidarity (HRS) has obtained testimonies from victims of sexual violence, men, women, and children, who were subjected to sexual assault and harassment in detention centres and prisons; in the east, in Grenada Prison (al-Bayda), al-Kuweifiya and the Military Police Prisons (Benghazi), and in the west, in Mitiga Prison (Tripoli) and al-Jawiya prison (Misrata) and other prisons and detention centres controlled by armed militias. Human Rights Solidarity Organisation: “Statement on the International Day for the Elimination of Sexual Violence in Armed Conflict”, Arabic, June 19, 2021.

[ix] The Human Rights Council, Regular Session (48): “Report of the Independent Fact-Finding Mission on Libya”, November 29, 2021.

[x] United Nations: “Report of the Secretary-General to the Security Council on conflict-related sexual violence”, March 29, 2022, Paragraph Nr. (35).

[xi] From experience in dealing with cases of sexual violence, HRS has found that some victims prefer talking to non-Libyan experts because they feel embarrassed to talk about such abuses with fellow Libyans.

[xii] In response to the rise in violent extremism, the Security Council adopted resolution S/RES/2331 (2016), the first to address the nexus between trafficking, sexual violence, terrorism, and transnational organized crime. Acknowledging sexual violence as a tactic of terrorism, it further affirmed that victims of trafficking and sexual violence committed by terrorist groups should be eligible for official redress as victims of terrorism.