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Africa & Bosnia? SEEKING CLOSURE: CAN EGYPTIAN WOMEN LEARN FROM THE‗TRUTH EXPERIMENTS‘ OF SOUTH AFRICA & BOSNIA? By DEYA BHATTACHARYA Submitted to Central European University Department of Legal Studies In partial fulfillment of the requirements for the degree of LL.M. in Human Rights Supervisor: Dr. Vladimir Petrovic Budapest, Hungary CEU eTD Collection 2014 TABLE OF CONTENTS ACKNOWLEDGEMENTS ..................................................................................................................................... ii EXECUTIVE SUMMARY ...................................................................................................................................... iii LIST OF ACRONYMS .............................................................................................................................................. v INTRODUCTION ..................................................................................................................................................... 1 1. Background ........................................................................................................................................... 1 2. Research Problem and Question ....................................................................................................... 3 3. Literature Review .................................................................................................................................. 3 4. Thesis Statement and Hypothesis ...................................................................................................... 7 5. Limitation of Study .............................................................................................................................. 8 3. Methodology.............................................................................................................................................. 9 7. Thesis Structure .................................................................................................................................... 10 CHAPTER 1: ‗DOUBLE REVOLUTION‘: EGYPT‘S FLEDGLING TRANSITIONS & ‗FRAGILE‘ WOMEN..................................................................................................................................................................... 11 1.1 Egypt‘s Revolution(s) & the Politicization of Sexual Assault ................................................................. 11 1.2 Plotting Politicized Sexual Violence in the Gender & Conflict Debate ................................................ 20 1.3 Analysis of Interviews .................................................................................................................................... 30 1.3.1 'I Marched Along' Interview Set .................................................................................................... 30 1.3.2. 'The Voice and the Veil' Interview Set......................................................................................... 34 1.4 Analysis: Sexual Assault on Foreign Journalists ........................................................................................ 38 CHAPTER 2: A TRUTH COMMISSION THAT WAS & ONE THAT WASN‘T: STORIES OF WOMEN FROM SOUTH AFRICA AND BOSNIA & HERZEGOVINA ................................................ 41 2.1 History and Context ...................................................................................................................................... 41 2.2 Gendered Reading of Truths ........................................................................................................................ 50 CHAPTER 3: CONTEMPORARY DEBATES ABOUT TRUTH COMMISSIONS & GROSS UNDER-ENFORCEMENT OF WOMEN‘S EXPERIENCES..................................................................... 60 3.1 The Relationship Between Gender and Truth Commissions ................................................................. 60 3.2 Understanding the Concept of 'Harm' in Transitional Societies ............................................................ 64 3.3 Truth Seeking and Gender Policy Transfer and Best Practices for Egypt ............................................ 68 CONCLUSION & RECOMMENDATIONS .................................................................................................... 74 Recommendations ................................................................................................................................................ 75 BIBLIOGRAPHY ..................................................................................................................................................... 79 1. Books ................................................................................................................................................... 79 2. Articles and Reports .......................................................................................................................... 80 CEU eTD Collection 3. Cases .................................................................................................................................................... 88 4. Interview Sets ..................................................................................................................................... 89 5. UN Documents ................................................................................................................................. 89 6. Audio/Video Content ...................................................................................................................... 89 i ACKNOWLEDGEMENTS The writing of my thesis would not have been possible without the help of a few important people. Firstly, I must extend my gratitude to my thesis advisor, Dr. Vladimir Petrovic for his guidance and support in the past year. Without his invaluable comments and expert advice, and most importantly, his patience, this thesis would not be half as good. To the Legal Studies Department and Central European University, for giving me a chance to explore, both in coursework as well as during my thesis, the uncharted, the exciting and the adventurous. Attending the Human Rights program has made me a better, braver person, and I will forever be indebted to my professors because they led me to pursue the extraordinary journey of a human rights activist. I thank all the people who helped me in Kashmir during the floods in 2014 with shelter, food and sometimes, intermittent internet. Every so often, speaking with a victim of a human rights violation will give you newer insights than consulting reference books. I also thank the human rights researchers, activists, policymakers and writers, I met between 2013 to present - thank you for understanding when I abruptly brought up my thesis and asked for your suggestions. Thank you Carmel Delshad for your help in acquiring as well as comprehending the 'I Marched Along' interviews. I would also like to thank Former Prosecutor of the ICTY, Richard Goldstone, who taught me a course at CEU, and could spare time off his busy schedule to debate and argue with me about the vagaries of the South African TRC process. Last but not the least, I thank my amazingly strong family, and my partner. Without their constant support, I would not be able to put my (metaphorical) pen to paper. CEU eTD Collection I show my gratitude to anyone else I have forgotten to mention here. However, any inadequacies in this thesis are solely my own. ii EXECUTIVE SUMMARY In this thesis, the phenomenon of politicized sexual violence in Egypt is examined, and an effort is made is categorize it under the existing theory of 'rape as a weapon of war'. My thesis also makes an attempt to understand how South Africa and Bosnia and Herzegovina have dealt with sexual violence against women during their transitions, and whether the peculiar mechanism of truth-seeking can be considered an effective mechanism to deal with sexual violence in Egypt. The Arab Spring in Egypt did something that no previous political agitation had done before. Not only did it help to create an atmosphere for democratic change in the country, but was also instrumental in helping women break away from the private sphere and enter public spaces to pursue protests and demonstrations. Women were at the forefront of several protests and it could be said that they single-handedly brought democratic values into Egypt as Mubarak was overthrown. However, after eighteen days of the Revolution, during its myriad transitions, Egyptian women were pushed back into the private and removed from public spaces utilizing politicized sexual violence, and this has given rise to a problematic 'revolution-within-the Revolution' paradigm. Several attempts, albeit unsuccessful, through laws and policies, have been made to eradicate this 'epidemic'. The first component of the thesis is a background of Egyptian women's struggle with sexual violence during the Arab Spring and its classification within the gender and conflict debate. The second component is a comparison of jurisprudence of sexual violence between South Africa and Bosnia and Herzegovina, keeping the debate limited to means that involved truth-seeking measures. The last component is an examination of the under-enforcement of gender within CEU eTD Collection truth commissions in transitional contexts and re-defining ‗harm‘ for gendered crimes, something that will help Egypt to deal with its sexual violence epidemic. Under the present political and judicial climate, standard criminal prosecutions and usual forms of punishment
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