A Woman's Work
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What Is Happening to Women in Transitional Justice? Analysing the Crime of Rape and Its Reconciliation in the ICTR Bilge Şahin
Yayınlayan: Ankara Üniversitesi KASAUM Adres: Kadın Sorunları Araştırma ve Uygulama Merkezi, Cebeci 06590 Ankara Fe Dergi: Feminist Eleştiri Cilt 6, Sayı 2 Erişim bilgileri, makale sunumu ve ayrıntılar için: http://cins.ankara.edu.tr/ What is happening to women in transitional justice? Analysing the crime of rape and its reconciliation in the ICTR Bilge Şahin Çevrimiçi yayına başlama tarihi: 22 Aralık 2014 Bu makaleyi alıntılamak için Bilge Şahin, “What is happening to women in transitional justice? Analysing the crime of rape and its reconciliation in the ICTR” Fe Dergi 6, no. 2 (2014), 1-13. URL: http://cins.ankara.edu.tr/12_1.pdf Bu eser akademik faaliyetlerde ve referans verilerek kullanılabilir. Hiçbir şekilde izin alınmaksızın çoğaltılamaz. 1 Şahin What is happening to women in transitional justice? Analysing the crime of rape and its reconciliation in the ICTR1 Bilge Şahin* International law is dominated by the reproduction of gendered structures originating in the masculine nature of law. In respect of rape in armed conflicts the prescribed roles of men and women and the respective experiences they make severely limit subtantial reconciliation. In armed conflicts, men are considered decision-makers and fighters whereas women are regularly regarded as victims. Hence, their respective roles and experiences in post-conflict societies have constrained effective legal efforts. I will exemplify this by examining the masculine nature of the jurisprudence of the International Criminal Tribunal for Rwanda (ICTR). I propose that the ICTR case law illustrates the lack luster reconciliation efforts of the international community in response to rape crimes in armed conflicts and reproduces gender norms. -
Struggling to Survive: Barriers to Justice for Rape Victims in Rwanda
Human Rights Watch September 2004 Vol. 16, No. 10(A) STRUGGLING TO SURVIVE: BARRIERS TO JUSTICE FOR RAPE VICTIMS IN RWANDA I. SUMMARY ........................................................................................................................... 1 II. RECOMMENDATIONS.............................................................................................. 4 III. BACKGROUND ............................................................................................................ 7 Sexual Violence during the 1994 Genocide.......................................................................... 7 Rwandan Women in the Post-Genocide Period................................................................10 IV. BARRIERS TO JUSTICE FOR SEXUAL VIOLENCE CRIMES .....................13 Genocide Prosecutions in the Rwandan Legal System.....................................................13 General Context..................................................................................................................13 Legislation Governing Genocide Trials and Gacaca.....................................................14 Cases of Sexual Violence in Genocide Trials and Gacaca Proceedings.....................18 Obstacles to Reporting Sexual Violence .............................................................................22 Victims’ Concerns Regarding Lack of Evidence ...........................................................23 Stigmatization, Retraumatization, and Inadequate Procedural Protections for Witnesses..............................................................................................................................24 -
„Kobieta, Która Zatraciła Człowieczeństwo – Sprawa Pauline
Aleksandra Spychalska (Uniwersytet Wrocławski) „Kobieta, Która zatraciła człowieczeństwo” – sprawa paUline nyiramasUhuko abstract a women who lost her hUmanity: the case of paUline nyiramasUhuko This article presents the case of Pauline Nyiramasuhuko – Rwandan Minister for Family Welfare and the Advancement of Women – who was tried at the Interna- tional Criminal Tribunal for Rwanda for genocide, public and direct incitement to commit genocide, crimes against humanity, and war crimes. The trial of Ny- iramasuhuko was unprecedented. It was the longest and most expensive trial the ICTR has ever held. It was also the first trial before an international criminal court in which the accused was a woman. Furthermore, among the charges that were brought against her – for which she was sentenced in the first instance to life im- prisonment – was rape as a crime against humanity. KEYWORDS: genocide, Pauline Nyiramasuhuko, ICTR, the International Criminal Tribunal for Rwanda, Rwanda SłOWA KLUCZOWE: ludobójstwo, Pauline Nyiramasuhuko, MTKR, Międzynaro- dowy Trybunał Karny dla Rwandy, Rwanda A woman from the Rwandan society, a woman who is a minis- ter, who is a member of parliament. A woman who lost all her civil nature: People being raped before their parents; watching their children being raped. She had lost her civil nature be- cause in her presence, the most serious rape under the cruelest conditions were applauded. She encouraged even her son to do 266 ��������������������������� aleKsandra spychalsKa as much. She put everything she had to the point that she was dressed in military gear to play her role of a militant minister. A woman who had lost every sense of feeling, Pauline Nyira- masuhuko1. -
Rwanda Page 1 of 16
Rwanda Page 1 of 16 2005 Human Rights Report Released | Daily Press Briefing | Other News... Rwanda Country Reports on Human Rights Practices - 2005 Released by the Bureau of Democracy, Human Rights, and Labor March 8, 2006 Rwanda is a constitutional republic dominated by a strong presidency. The population was 8.4 million. The largely Tutsi Rwandan Patriotic Front (RPF), took power in 1994 and formed a government of National Unity that functioned during the transitional period following the civil war and genocide until 2003, when President Paul Kagame was elected to a seven-year term in largely peaceful but seriously marred elections. The country was affected by continuing instability in the eastern Democratic Republic of the Congo (DRC), where armed rebel groups continued to operate with impunity despite the presence of a UN peacekeeping mission in the DRC. During the first two months of the year, there were unconfirmed reports from credible sources that Rwanda Defense Forces (RDF) troops were at times present in the eastern part of the DRC, particularly following public threats by the Rwandan president in December 2004, which indicated that the government might send RDF troops into the DRC to attack Hutu rebels deemed a threat to its security. However, the government publicly denied allegations that RDF troops were operating in the DRC. Unlike in the previous year, there were no reports that Rwandan rebels in the DRC, known as the Democratic Forces for the Liberation of Rwanda (FDLR), conducted attacks in the northwestern region of Rwanda. The FDLR, largely made up of Rwandan Hutus who fled to the DRC in 1994 after the genocide, continued to be led by many individuals responsible for leading the genocide, and it continued to actively oppose the Kagame government. -
Rwanda Timeline
Rwanda Profile and Timeline 1300s - Tutsis migrate into what is now Rwanda, which was already inhabited by the Twa and Hutu peoples. [Hutus are farmers and make up > 80% of the population / Twa are the smallest group and by trade hunters and gatherers / Tutsi > 10% of the population are pastoralists] 1600s - Tutsi King Ruganzu Ndori subdues central Rwanda and outlying Hutu areas. Late 1800s - Tutsi King Kigeri Rwabugiri establishes a unified state with a centralized military structure. 1858 - British explorer Hanning Speke is the first European to visit the area. 1890 - Rwanda becomes part of German East Africa. 1916 - Belgian forces occupy Rwanda. 1923 - Belgium granted League of Nations mandate to govern Ruanda-Urundi, which it ruled indirectly through Tutsi kings. 1946 - Ruanda-Urundi becomes UN trust territory governed by Belgium. Independence 1957 - Hutus issue manifesto calling for a change in Rwanda's power structure to give them a voice commensurate with their numbers; Hutu political parties formed. 1959 - Tutsi King Kigeri V, together with tens of thousands of Tutsis, forced into exile in Uganda following inter-ethnic violence. 1961 - Rwanda proclaimed a republic. 1962 - Rwanda becomes independent with a Hutu, Gregoire Kayibanda, as president; many Tutsis leave the country. Hutu Gregoire Kayibanda was independent Rwanda's first President 1963 - Some 20,000 Tutsis killed following an incursion by Tutsi rebels based in Burundi. 1973 - President Gregoire Kayibanda ousted in military coup led by Juvenal Habyarimana. 1978 - New constitution ratified; Habyarimana elected president. 1988 - Some 50,000 Hutu refugees flee to Rwanda from Burundi following ethnic violence there. 1990 - Forces of the rebel, mainly Tutsi, Rwandan Patriotic Front (RPF) invade Rwanda from Uganda. -
Une Étude D'un Cas Problématique: Secteur Gahini (District Rukara
Research on the Gacaca – PRI Report V With the support of the Department for International Development (DfID) September 2003 1 TABLE OF CONTENTS Introduction ___________________________________________________________________ 3 Report Summary _______________________________________________________________ 4 I. Context _____________________________________________________________________ 6 A. PRI’s presence in the field ________________________________________________________ 6 B. General comments about the objectives of the Gacaca tribunals in view of the advancement of the process _________________________________________________________________________ 7 1. Allowing the truth to be known about the genocide: _________________________________ 7 2. Accelerate the genocide trials: Empty the prisons? __________________________________ 12 3. Reconciliation and national unity? ______________________________________________ 13 C. Monitoring of the Gacaca programme and research by the Rwandan government, and Rwandan and international organisations________________________________________________________ 17 II. Case Study: The Gacaca tribunal of the Ibiza, Umwiga and Kabeza cells (Gahini, Rukara and Umutara sectors) __________________________________________________________ 19 A. Ibiza Cell: ____________________________________________________________________ 22 B. The Gacaca tribunal of the Kabeza cell, an unrecognized failure________________________ 27 III. Case Study: The Gacaca tribunal of the Gishamvu cell (Gishamvu, Nyakizu and Butare sectors) -
Rwanda's Gacaca in Practice
Addressing Crimes Against International Law: Rwanda’s Gacaca in Practice A thesis presented for the degree of LL.M at the University of Aberdeen Jennifer G Riddell LL.B (University of Aberdeen) 2005 10/4017222_2 Declaration This thesis has been composed by the candidate and has not been accepted in any previous application for a degree. The work has been done by the candidate. All quotations have been distinguished by quotation marks and the sources of information specifically acknowledged. Jennifer G Riddell 2 Abstract Rwanda experienced horrific genocide in 1994. In its aftermath, national and international trials were established but these trials failed to deal expeditiously with the large numbers of suspects awaiting trial. To combat this, Rwanda introduced an innovative participative justice mechanism, Gacaca. Modern Gacaca is based on a traditional Rwandan restorative justice mechanism of the same name. Its rooting in Rwanda's history makes Gacaca a much more acceptable form of justice to the Rwandan people than international trials given the international community's abandonment of Rwanda during the genocide. While Gacaca falls short of many international fair trial standards it remains Rwanda’s best hope as a wholly Rwandan process. But, Gacaca is more than just a judicial instrument, it has restorative justice at its origin and seeks, as its ultimate aim, to reconcile Rwanda’s divided communities. To reach this aim, Gacaca has several other objectives including discovering the truth of what happened in 1994, ending impunity which has plagued Rwanda since independence and allowing the Rwandan population to participate in the search for justice at a local level. -
Gender and the Genocide in Rwanda
Gender and the Genocide in Rwanda This book examines the mobilization, role, and trajectory of women rescuers and perpetrators during the 1994 genocide in Rwanda. While much has been written about the victimization of women during the 1994 genocide in Rwanda, very little has been said about women who rescued targeted victims or perpetrated crimes against humanity. This book explores and analyzes the role played by women who exercised agency as rescuers and as per- petrators during the genocide in Rwanda. As women, they took actions and deci- sions within the context of a deeply entrenched patriarchal system that limited their choices. This work examines two diverging paths of women’s agency during this period: to rescue from genocide or to perpetrate genocide. It seeks to answer three questions: First, how were certain Rwandan women mobilized to parti- cipate in genocide, and by whom? Second, what were the specific actions of women during this period of violence and upheaval? Finally, what were the tra- jectories of women rescuers and perpetrators after the genocide? Comparing and contrasting how women rescuers and perpetrators were mobilized, the actions they undertook, and their post- genocide trajectories, and concluding with a broader discussion of the long- term impact of ignoring these women, this book develops a more nuanced and holistic view of women’s agency and the genocide in Rwanda. This book will be of interest to students of gender studies, genocide studies, African politics and critical security studies. Sara E. Brown is a Fellow at the USC Shoah Foundation – The Institute for Visual History and Education, and has a PhD in Comparative Genocide Studies from Clark University, USA. -
Mobilizing the Masses for Genocide∗
Mobilizing the Masses for Genocide∗ Thorsten Rogall† JOB MARKET PAPER Please find the latest version here. November 13, 2014 Abstract Do political elites use armed groups to foster civilian participation in violence or are civilian killers driven by unstoppable ancient hatred? If armed groups matter, are they allocated strategically to maximize civilian participation? How do they mobilize civilians? I empirically investigate these three questions using village-level data from the Rwandan Genocide in 1994. To establish causality, I use an instrumental-variables strategy. Specifically, I exploit cross-sectional variation in armed groups’ transport costs induced by exogenous weather fluctuations: the shortest distance of each village to the main road interacted with rainfall along the dirt tracks between the main road and the village. Guided by a simple model, I come up with the following answers to the three central questions: (1) one additional armed-group member resulted in 7.3 more civilian perpetrators, (2) armed-group leaders responded rationally to exogenous trans- port costs and dispatched their men strategically to maximize civilian participation and (3) for the majority of villages, armed-group members acted as role models and civil- ians followed orders, but in villages with high levels of cross-ethnic marriage, civilians had to be forced to join in. These results pass a number of indirect tests regarding the exclusion restriction as well as other robustness checks. I argue that the results are also relevant for other cases of state-sponsored murder, such as the killing of the Jews in Lithuania in the 1940s. Finally, a back-of-the-envelope calculation suggests that a military intervention targeting the various armed groups - only 10 percent of the per- petrators but responsible for at least 83 percent of the killings - could have stopped the Rwandan Genocide. -
Expanding the Definition of Genocide to Include Rape
Volume 108 Issue 1 Dickinson Law Review - Volume 108, 2003-2004 6-1-2003 From the International Criminal Tribunal for Rwanda to the International Criminal Court: Expanding the Definition of Genocide To Include Rape Alexandra A. Miller Follow this and additional works at: https://ideas.dickinsonlaw.psu.edu/dlra Recommended Citation Alexandra A. Miller, From the International Criminal Tribunal for Rwanda to the International Criminal Court: Expanding the Definition of Genocide oT Include Rape, 108 DICK. L. REV. 349 (2003). Available at: https://ideas.dickinsonlaw.psu.edu/dlra/vol108/iss1/19 This Comment is brought to you for free and open access by the Law Reviews at Dickinson Law IDEAS. It has been accepted for inclusion in Dickinson Law Review by an authorized editor of Dickinson Law IDEAS. For more information, please contact [email protected]. I Comments I From the International Criminal Tribunal for Rwanda to the International Criminal Court: Expanding the Definition of Genocide To Include Rape Alexandra A. Miller* I. Introduction On July 18, 1997, Kenyan and international authorities arrested Pauline Nyiramasuhuko ("Pauline"), the former National Minister of Family and Women's Affairs for Rwanda.1 The Office of the Prosecutor for the International Criminal Tribunal for Rwanda ("Tribunal"), formed to address the atrocities committed in Rwanda in 1994, charged Pauline2 with eleven counts involving genocide and crimes against humanity. * J.D. Candidate, The Pennsylvania State University Dickinson School of Law, 2004. 1. Press Release, International Criminal Tribunal for Rwanda, Pauline Nyiramasuhuko: Former Minister of Women Development Pleads Not Guilty (Sept. 3, 1997), available at www.ictr.org; see Peter Landesman, Woman's Work, N.Y. -
The Commodification of Genocide: Part II
International Journal of Humanities and Social Science Vol. 5, No. 5; May 2015 The Commodification of Genocide: Part II. A NeoGramscian Model for Rwanda William R. Woodward Professor Department of Psychology University of New Hampshire Durham, N.H. 03824 USA Jean-Marie VianneyHigiro Professor Department of Communication Western New England University 1215 Wilbraham Rd. Springfield, MA 01119 Abstract In our previous paper, we did a qualitative content analysis of news reports disseminated by international media about events occurring in Rwanda. We grouped these reports into three themes: human rights, security, and foreign relations. Here we add our analysis of four more themes: Hutu menace in the Great Lakes, memorializing the victims, economic situation, and democracy. We argued that news coverage has been de-capitated by the ruling elite and that the western capitalist states have supported this co-optation. To gain access, Western journalists have had to cooperate with the state rather than with critical Rwandan journalists or even NGOs. This follow-up paper thus continues to expose alternatives to the dominant view in each thematic area. We introduce Celeste Condit’s NeoGramscian depiction of the subordinate or “unrepresented groups,” who in the name of “laws” of justice and through limited (because of the obvious danger) “civic support” dare to contest the dominant ideology. This ideology of Rwandan genocide has become a commodity marketed to the media, so much so that the non-dominant ideology of a civil war is suppressed. Then we adopt Dana Cloud’s NeoGramscian model that emphasizes the oppressive structural relations in the commodification, both economically and ideologically. -
Detecting Hidden Violence: the Spatial Distribution of Excess Mortality in Rwanda
A Service of Leibniz-Informationszentrum econstor Wirtschaft Leibniz Information Centre Make Your Publications Visible. zbw for Economics Verpoorten, Marijke Working Paper Detecting Hidden Violence: The Spatial Distribution of Excess Mortality in Rwanda LICOS Discussion Paper, No. 254 Provided in Cooperation with: LICOS Centre for Institutions and Economic Performance, KU Leuven Suggested Citation: Verpoorten, Marijke (2010) : Detecting Hidden Violence: The Spatial Distribution of Excess Mortality in Rwanda, LICOS Discussion Paper, No. 254, Katholieke Universiteit Leuven, LICOS Centre for Institutions and Economic Performance, Leuven This Version is available at: http://hdl.handle.net/10419/74946 Standard-Nutzungsbedingungen: Terms of use: Die Dokumente auf EconStor dürfen zu eigenen wissenschaftlichen Documents in EconStor may be saved and copied for your Zwecken und zum Privatgebrauch gespeichert und kopiert werden. personal and scholarly purposes. Sie dürfen die Dokumente nicht für öffentliche oder kommerzielle You are not to copy documents for public or commercial Zwecke vervielfältigen, öffentlich ausstellen, öffentlich zugänglich purposes, to exhibit the documents publicly, to make them machen, vertreiben oder anderweitig nutzen. publicly available on the internet, or to distribute or otherwise use the documents in public. Sofern die Verfasser die Dokumente unter Open-Content-Lizenzen (insbesondere CC-Lizenzen) zur Verfügung gestellt haben sollten, If the documents have been made available under an Open gelten abweichend von diesen