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Access to Justice for Male Victims of Sexual Violence; Focus on Refugees in Uganda

Meg McMahon

by Meg McMahon, BL

Introduction

All acts of sexual violence violate basic human rights irrespective of who they are committed against or under what circumstances they are committed.[1] Sexual violence against women has been widely researched and documented. Sexual violence against men has garnered increasing publicity in recent years[2] but still remains extremely under-researched and under-reported. This paper will examine the challenges facing male victims of sexual violence. The paper will look at the broad international framework, including definitions of sexual violence and international jurisprudence in the area as well as generally looking at how the term sexual or gender based violence has come to be associated with violence against women.

As a case study the paper will focus on male forced migrants in Uganda who have been victims of sexual violence. The author believes male refugee victims provide an instructive study group. Gender roles are frequently changing in situations of forced migration with men becoming extremely disempowered in the face of violence and lawlessness. Sexual violence is not caused by forced migration but can strike with greater frequency due to broken down systems of protection where services such as medical and legal assistance are not always available. Reporting mechanisms are generally not ideal and therefore the figures of male on male sexual violence are often drastically underestimated. Men may feel emasculated as their traditional role of provider has been diminished in situations where aid agencies are providing the necessities of life. When a man in this situation experiences sexual violence it may be particularly hard for him to admit further weakness. The primary data used in this paper derives from testimonies of forced migrants who presented at Refugee Law Project, Faculty of Law, Makerere University, Kampala. 

Under-reporting and the low number of studies conducted on male sexual violence means the issue is not recognised as requiring urgent attention. Uganda has been chosen as an example of a society in which homosexuality remains illegal. A legal framework that outlaws homosexuality is often representative of very conservative cultural and societal values where strong stigmas and taboos connected to these issues often mean that it is extremely difficult for male victims to speak out. The perceived link between male on male sexual violence and homosexuality can often prevent male victims reporting their experiences. This barrier to reporting would obviously be compounded in a society, like Uganda where legislators have drafted a bill that proposes the death penalty as a punishment for homosexuality. When men are raped, they may face tremendous personal and social insecurity and fear being judged as homosexual. In these cases, many opt to remain silent in order to avoid being labelled as homosexual. 

UNHCR figures for Uganda in 2011 show 135,801 refugees, 20,804 asylum seekers and 125,598 IDPS.[3] There are few statistics available relating to how many forced migrants in Uganda have experienced sexual violence. In a report on the issue from Makerere University, Kampala, it was stated that 39 percent of women and 11 percent of men between the ages of 15 and 49 experienced sexual violence[4]. 
We must place these figures alongside those (equally sparse and varying) statistics, which govern male on male sexual violence in surrounding African countries (refugee generating countries for the purpose of this paper). Reports from the Democratic Republic of the Congo suggest that men and boys comprise some 4%–10% of the total number of victims of sexual violence who seek medical treatment.[5] Another statistic suggests that one in four men is sexually violated in the Democratic Republic of Congo (DRC).[6]

Figures estimating statistics of male on male sexual violence should be approached cautiously as methodologies may vary and the figures may still not reflect the actual occurrence of sexual violence due to the reluctance on the part of victims to come forward. The testimonies that will be used in this paper show a deep reluctance on the part of male refugee victims to speak about their experiences. 
Although this paper focuses on male forced migrant victims of sexual violence in Uganda, the broader arguments that the paper makes, namely the fact that international discourse in the area and legal frameworks governing sexual violence need to be broadened in order to fully protect male victims (not just forced migrants or victims in Uganda) should apply universally.

Discourse Surrounding Sexual Violence

In answering the question “What is SGBV/P?” a group of Kiswahili speaking refugees noted that it is a “bad, shocking and harming act of prostitution which aims at men, women and girls to prove power”[7]. 

A 1998 United Nations (UN) report defines sexual violence as “any violence whether physical and/or mental, carried out through sexual means or by targeting sexuality”[8] Gender-based violence has been defined by the United Nations Committee on the Elimination of Discrimination Against Women (CEDAW) as violence that is directed at a person on the basis of gender or sex. It includes acts that inflict physical, mental or sexual harm or suffering, threat of such acts, coercion and other deprivations of liberty. The Committee states that while women, men, boys and girls can be victims of gender-based violence, women and girls are the main victims. [9] There is no specific definition of sexual or gender based persecution. The Office of the United Nations High Commissioner for Refugees (UNHCR), in its Handbook on Procedures and Criteria for Determining Refugee Status, infers from Article 33 of the 1951 Convention that persecution is "a threat to life or freedom on account of race, religion, nationality, political opinion or membership of a particular social group.[10] 

Most international instruments dealing with sexual violence either explicitly refer to women as victims or have come to inextricably associate sexual violence with violence against women.

It is necessary to look at the prohibition against and the definitions of various forms of sexual violence referred to in international and regional instruments and international jurisprudence in order to determine the manner in which such instruments are not framed in wide enough terms to offer protection to male victims of sexual violence, or even where they are so framed have come to be inextricably associated with female victims.

Broadly speaking, international instruments and international law have developed in ways that often exclude, whether explicitly or implicitly, men as a class of victims of sexual violence. In fact, there is no international legal instrument that is directed principally at outlawing sexual violence against men. This exemplifies the prevailing belief that it is only women who can be victims of sexual violence. It is imperative that all international instruments, in their definitions of all forms of sexual violence, are inclusive enough to protect male victims as well as female victims. UN Security Council Resolution 1820[11], for example, demands the immediate and complete cessation by all parties to armed conflict of all acts of sexual violence against civilians. It calls for an end to sexual violence in general terms but in the main body of the resolution it exhorts an end to all forms of sexual violence against women and girls in particular. 

The Prohibition of Rape and Related Offences Under International Law

The prohibition of rape and other forms of sexual violence has developed with the evolution of International Humanitarian Law, in particular through the additional protocols to the 1949 Geneva Convention. Article 75 of Additional Protocol I prohibits ‘humiliating and degrading treatment, enforced prostitution and any form of indecent assault’[12]. Article 4 of Additional Protocol II specifically adds rape to this list[13]. 

There is no overarching definition of rape within International Humanitarian or Human Rights Law. However, the scope of the definition of rape and sexual violence at the ad hoc International Criminal Tribunals for Rwanda (ICTR) and former Yugoslavia (ICTY) has evolved over the last number of years. The emergence of a broad definition of rape, which can better protect male victims of sexual violence, is welcomed. The ICTY propounds a broad definition of sexual violence, which can potentially accommodate male victims;
‘Sexual penetration includes penetration, however slight, of the vagina, anus or oral cavity, by the penis. Sexual penetration of the vulva or anus is not limited to the penis.’[14]

The ICTR (International Criminal Tribunal for Rwanda) in the Akayesu case held that rape is ‘a form of aggression’ and that ‘the central elements of the crime of rape cannot be captured in a mechanical description of objects or body parts’. It defined rape as a ‘physical invasion of a sexual nature, committed on a person under circumstances which are coercive.’[15]

There are, however, cases where incidents of sexual violence are prosecuted at certain international Tribunals but not prosecuted as sexual violence. For example, in the Blagoje Simic case, an ICTY trial chamber noted that several prosecution witnesses gave evidence that detainees were subjected to sexual assaults. One incident involved ramming a police truncheon in the anus of a detainee.[16] Yet the finding appeared in a section entitled “Evidence relevant to other acts” and although described by the Trial Chamber as sexual assaults, it was characterised in its findings as torture and no more. 

International Human Rights law does not provide adequate protection for male victims of sexual violence. Sexual violence is prohibited under International Human Rights Law through a myriad of international instruments, but as will be shown, crimes of sexual violence have come to be incorporated into very broadly defined rights, which in turn have come to be associated with female victims of sexual violence. Sexual violence is prohibited under International Human Rights Law primarily under the 1984 United Nations Convention against Torture, and other Cruel, Inhuman or Degrading Treatment or Punishment. Both the European Court of Human Rights and the Inter-American Commission on Human Rights have, in their jurisprudence, have found instances of rape of detainees to amount to torture.[17] CEDAW stated in a General Recommendation that discrimination includes gender-based violence.[18] 

The fact that general prohibitions, against conduct such as torture, have been understood to include sexual violence is welcomed. The problem however remains that, under International Human Rights Law there is no specific definition of rape or sexual violence and as a result the discourse in this area has been dominated by women’s groups and is understood to refer exclusively to women.

All references to rape and sexual violence must include reference to both male and female victims of sexual violence. This must be consistently applied at all levels of debate. In 2006, at the International Conference on the Great Lakes Region, the Protocol on the Prevention and Suppression of Sexual Violence against Women and Children was promulgated. In this document sexual violence was defined as any act, which violates the sexual autonomy and bodily integrity of women and children under International Criminal Law.[19]This is an instructive example of how increasingly intractable the association has become between SGBV/P and violence against women. All treaties, protocols, debates and discourse on the issue of sexual violence must refer inclusively to male victims as well as women and children. 

It is beyond dispute that unprecedented gains have been made internationally by women’s groups over the past number of years. Without compromising such gains we must ask whether it is time for men to enter into the equation and for there to be less reliance on gender distinction as regards SGBV/P victims. It is time for international discourse to focus on sexual and gender based violence and persecution regardless of the gender, sex or sexuality of the victim. The conceptualisation and debate of SGBV/P at the international, regional and domestic levels needs to be broadened to refer explicitly to men as well as women. The day has come to open up channels of dialogue globally, nationally and locally so that it becomes acknowledged that men and boys can be victims of sexual violence too. 

Article 2 of the African Charter on Human and Peoples' Rights (ACHPR) provides for non-discrimination on the basis of sex. This falls short of an outright prohibition on sexual violence (against men or women). To redress the lack of such a prohibition the African Union (AU) adopted the Protocol on the Rights of Women in Africa[20], a supplementary protocol to the ACHPR. It calls for an end to all forms of violence against women including sexual violence and contains a recognition that protection from sexual violence is inherent to the right to dignity. There is no corresponding prohibition on sexual violence against men. 

Although there is increasing recognition that men too can be victims of sexual violence, there is still a disparity in terms of the classification of and reference to male victims in international instruments and in jurisprudence dealing with the issue. A 2005 report of the World Bank on ‘Gender, Conflict, and Development’ observed that ‘while it is increasingly recognized that men are also GBV (gender-based violence) survivors in conflict-affected areas, this acknowledgement has not been translated into policies to address male victims.’[21]

Experiences of Reporting and Response Mechanisms

Male refugee victims of SGBV/P who were seen at Refugee Law Project in general expressed an initial reluctance to report their experiences. Where the victims did speak out, the responses they encountered often justified their reluctance. One young Congolese refugee was kidnapped and raped in Kampala but did not report this to the police until two years later. When asked to explain the delay in reporting the incident he explained that he was afraid he would have to pay money, he did not think the police would do anything and he doubted that he would be offered the service he most needed, namely counselling.[22]

Another Congolese refugee in Uganda stated that; “When you explain this problem no one listens”. He also stated that being interviewed by a female police officer heightened the trauma. He was greeted with responses such as “You are a man, you cannot be raped”.[23]
In a video advocacy project entitled Gender Against Men, conducted by Refugee Law Project, a Congolese refugee victim of SGBV/P in Uganda is recorded as stating that ‘It was a way of attacking our identity so that they could diminish us in society. They wanted to show us that they were superior to us, they said that they were showing us that we were women.’ [24]

The following quotation from a Congolese refugee provides an interesting insight into ascribed gender identity and the effect of SGBV/P:
There were things one could never imagine happening. One does not really know how to live as one did before. In society they say that men dominate and women are inferior.[25]

Another significant facet of this man’s experience was that he said that when he reported the incident to UNHCR they wanted to build his case around the rape of his daughter rather than his own experience of SGBV/P. He spoke of other men who had experienced sexual violence but who did not want to talk about it and ‘break the silence’ as ‘they did not understand it themselves’. Another Congolese refugee, during interview stated that: 

As an African I know my people and culture. A man with a man is a big taboo. God created a man and a woman. If I told the police, I knew it could bring problems according to what I knew through my culture.[26] 

Criminalisation of Homosexuality

The perceived lack of redress and access to justice as experienced by male victims of sexual violence is compounded manifold in a country such as Uganda where homosexuality is outlawed. In his article, Sandesh Sivakumaran identifies this initial hurdle, which is encountered by male SGBV/P victims in a country where homosexuality is illegal:

If male survivors wished to report the abuse and were able to find the words with which to do so, they face the danger of consent being assumed if they were unable to prove the rape. This may lead to a finding of the victim engaging in consensual homosexual activity, which may in turn be a criminal offence under the law of the relevant state.[27]

Homosexuality in Uganda is illegal as explicitly stated in its archaic laws, which have deep-seated links to cultural and societal attitudes regarding the issue of same-sex relations and sexual violence against men. The fact that homosexuality is illegal in Uganda creates an initial obstacle to the reporting of SGBV/P by male victims. If a man wants to report SGBV/P he runs the risk of being prosecuted. According to the Refugee Law Project, there are cases where police, rather than going after the perpetrators, have accused male survivors of rape of engaging in homosexual acts.[28] This clearly hinders the reporting of sexual violence suffered by men and boys. There is no distinction between consensual and non-consensual “carnal knowledge” under Ugandan law. Reference to consent is simply omitted thereby making it irrelevant in the eyes of the law. This is a determinative factor in hindering victims of SGBV/P perpetrated by someone of the same sex from reporting it. 

Section 145 of the Penal Code of Uganda states that:

Any person who has carnal knowledge of any person against the order of nature; has carnal knowledge of an animal; or permits a male person to have carnal knowledge of him or her against the order of nature, commits an offence and is liable to imprisonment for life[29]

Aside from homosexuality being illegal, the definition of rape in Uganda excludes men as a class of victim so legally a man cannot be the victim of rape. The definition of rape in Section 123 of the Penal Code of Uganda refers to ‘unlawful carnal knowledge of a girl or woman without her consent’.[30] First and foremost this must be changed or at least needs to be augmented by a parallel charge for male victims of rape or a broader offence of sexual violence couched in gender-neutral terms. At present male victims of SGBV/P in Uganda are absolutely unprotected.

The only provision of the Penal Code Act that does not specifically refer to the female being assumed to be the victim is the offence of indecent practices; which refers to ‘Any person who, whether in public or in private, commits any act of gross indecency with another person’.[31]

The maximum sentence for this offence is seven years, which is much less than the death penalty, which is the maximum punishment for anybody convicted of rape. This seems to be the only charge that could be brought by an adult male victim of a sexual assault but again the subjective nature of the term ‘gross indecency’ could leave male victims out in the cold at the whim of a prosecutor or a member of the judiciary. 

In 2007, the Penal Code Amendment Act abolished the distinction between genders with regard to offences committed against children. This is a step in the right the direction but a similar amendment is required for sexual offences against adults. Specifically, a broader definition of rape and/or all other sexual offences must be promulgated. In 2006, the DRC passed a law that provides a formal definition of rape that includes both sexes and all forms of penetration. Uganda must follow this lead. In her article on sexual violence in Eastern DRC, Jessica Keralis notes that while such a change in legislation is of course necessary, many other additional changes are also necessary to protect male victims of SGBV/P [32]. She advocates for the enforcing of existing laws and the ending of impunity, the integration of education on civilian protection and sexual violence into military training. Finally she recommends a change in the cultural awareness and re-education which, she submits, is crucial in encouraging victims to come forward and helping them to heal.

Aside from extant Ugandan Law, there are a number of Bills before Parliament, which demonstrate the discriminatory attitude of policy makers in Uganda on the issue of SGBV/P. 

The Sexual Offences Bill 2011(Section 19) states that:

Any person who performs a sexual act with another person against the order of nature with the consent of the other person commits an offence, and is liable, on conviction to imprisonment for life.

This provision denotes again an archaic perception of SGBV/P as a question of morality rather than a violent act or an act of persecution committed against an innocent person on the basis of their gender, sex or sexuality.

The Anti-Homosexuality Bill, 2009 is a deeply conservative attack on fundamental freedoms and human rights. Paragraph 3 of the draft bill sets out provisions on what it names as ‘aggravated homosexuality’, which will incur the death penalty as a maximum punishment. Referring to the Homosexuality Bill, Amnesty International notes that in Uganda:

Both the current law (Penal Code Act) and the proposed new law (Homosexuality Bill) violate a number of human rights including the rights to equality and non-discrimination, privacy, liberty and security of the person, freedom of expression, and freedom of thought, conscience and religion. [33]

A Human Rights Watch Report states that:

Under Uganda's existing laws, the police arbitrarily arrest and detain men and women accused of engaging in consensual sex with someone of the same sex. Human rights organisations have documented cases of torture or other ill-treatment against lesbians and gay men in detention because of their sexual orientation.[34]

Conclusions and Recommendations

> Sexual violence, whether it is perpetrated against a male or female victim is one of the most fundamental invasions of a person’s privacy and well-being, and the consequences remain with the victim for life, long after the physical scars have healed. A holistic reappraisal of the whole issue of SGBV/P is required in order to address the vulnerability of male victims. The time has come for the division between male and female victims of sexual violence to be bridged. All definitions of acts of sexual violence, at the national, international level and regional level must explicitly refer to male and female victims. Ingrained stereotypes of sexuality, gender and power relations must be dispelled and we must begin to appreciate that men are also vulnerable and in need of protection.

> International instruments, although they purport to address sexual violence in general terms, often focus, in their essence, on sexual violence against women and children. It is imperative that any residual legal, cultural or psychological doubts as to whether men can be victims of sexual violence disappears. All discourse surrounding sexual violence must refer to both male and female victims.

> Adequate mechanisms need to be put in place to encourage reporting among male victims. An example of this is men only groups or workshops in which male victims of sexual violence discuss their experiences. This mechanism was used by the SGBV team at Refugee Law Project and was found to facilitate male victims opening up and discussing their experiences. Systematic collection of data is also vital. Local governments, national agencies, and NGOs should coordinate efforts to educate all community members about the definition and consequences of all forms of sexual and gender based violence and persecution. While cultural beliefs about the roles of men and women are not easily changed, national governments must adopt long- range plans to stop the cycle of sexual and gender-based violence and persecution.

?Strategies for providing assistance to men and boys on such a very sensitive issue must be put in place. The longer these crimes remain hidden, the more serious the physical, emotional and psychological damage is. As one Congolese refugee stated “The more I am hiding the more I am suffering”[35].

Bibliography

1) Wynne Russell, Sexual Violence against Men and Boys, Forced Migration Review 27, citing http://www.hsrgroup.org/human-security-reports/2005/overview.aspx

2) Inter- Agency Standing Committee, Guidelines for Gender-based Violence Interventions in Humanitarian Settings. (The IASC is the primary mechanism for inter-agency coordination of humanitarian assistance. It is a unique forum involving the key UN and non-UN humanitarian partners.)

3) U.N Commission on Human Rights, Sub-Committee on Prevention of Discrimination & Protection of Minorities, Contemporary Forms of Slavery: Systematic Rape, Sexual Slavery and Slavery like practices During armed Conflict. Final Report submitted by Gay J. McDougall, Special Reporter 21 U.N doc E/CN.4/Sub.2/1998/13 (June 22, 1998)

4) Convention on the Elimination of all Forms of Discrimination against Women (CEDAW) Expanded Definition of Sexual and Gender-Based Violence used by UNHCR and Implementing Partners (based on Articles 1 and 2 of the UN General Assembly Declaration on the Elimination of Violence against Women (1993) and Recommendation 19, paragraph 6 of the 11th Session of the CEDAW Committee)

5) Office of the United Nations High Commissioner for Refugees, Handbook on Procedures and Criteria for Determining Refugee Status p. 51 (1979).

6) Protocol Additional to the Geneva Conventions of 12 August 1949, and relating to the Protection of Victims of International Armed Conflicts (Protocol I), 8 June 1977.

7) Protocol Additional to the Geneva Conventions of 12 August 1949, and relating to the Protection of Victims of Non-International Armed Conflicts (Protocol II), 8 June 1977

8) International Criminal Tribunal for the former Yugoslavia, Case No. IT-96-23-I, 26 June 1996. Judge Lal C. Vohrah.

9) U.N Committee of Experts, Annex II: Rape and Sexual Assault: A legal Study, Final Report of the United Nations Commission of Experts Established Pursuant to Security Council Resolution 780 (1992) n.4 U.N Doc S/1994/674/Add.2 (Vol.1) (Dec.28.19[1] The Prosecutor v. Jean-Paul Akayesu (Trial Judgment), ICTR-96-4-T, International Criminal Tribunal for Rwanda (ICTR), 2 September 1998, available at:http://www.unhcr.org/refworld/docid/40278fbb4.htm

10) The Prosecutor v. Jean-Paul Akayesu (Trial Judgment), ICTR-96-4-T, International Criminal Tribunal for Rwanda (ICTR), 2 September 1998, available at: http://www.unhcr.org/refworld/docid/40278fbb4.htm

11) See, e.g., European Court of Human Rights, Aydin v. Turkey and the Inter-American Commission on Human Rights, Case 10.970 (Peru) 

12) United Nations Committee on the Elimination of All Forms of Discrimination against Women, General Recommendation 19 (Violence against Women)

13) International Conference on the Great Lakes Region, Protocol on the Prevention and Suppression of Sexual Violence against Women and Children, 30th November 2006.

14) Protocol to the African Charter on Human and Peoples' Rights on the Rights of Women in Africa, Adopted by the 2nd Ordinary Session of the Assembly of the Union, Maputo, 11 July 2003.

15) African Union Peace and Security Council 269th meeting, Addis Ababa, Ethiopia, March 28, 2011.

16) Sandesh Sivakumaran, Sexual Violence Against Men in Armed Conflict 18 EUR J. INT’L L. 253 (2007)

17) Gender Against Men (documentary produced by Refugee Law Project) http://www.forcedmigration.org/video/gender-against-men/media/

18) The Uganda Penal Code Act (Cap. 120)

19) The Uganda Penal Code Act (Cap.123)

20) The Uganda Penal Code Act (Cap 148)

21) Jessica Keralis, Beyond the Silence: Sexual Violence in Eastern DRC, Forced Migration Review, 36

22) “I can’t afford Justice: Violence against Women in Uganda continues unpunished and unchecked” Amnesty International Publications, 2010

23) The testimonies used in this paper derive entirely from statements made by clients at the Refugee Law Project, Faculty of Law, Makerere University, Kampala.

24) Focus group with Kiswahili male refugee victims of sexual violence at Refugee Law Project.

25) Ibid. 

26) Gender Against Men (documentary produced by Refugee Law Project) http://www.forcedmigration.org/video/gender-against-men/media/

27) Statement made by a male refugee victim of sexual violence while giving his testimony, April, 2011

28) Gender Against Men (documentary produced by Refugee Law Project) http://www.forcedmigration.org/video/gender-against-men/media/

29) Ibid.

30) Ibid.

31) Ibid.

32) Interview with Congolese refugee, April, 2011

33) Dustin A Lewis, Unrecognized Victims: Sexual Violence Against Men in Conflict Settings under International Law, Wisconsin International Law Journal, Vol.27 No 1

34) The United Nations Population Fund, State of the World Report, 2010

35) The United Nations Population Fund, State of the World Report, 2010 quoting Otellu Eyatty, the Superintendent of Police in Amuria, a rural district in Eastern Uganda.

36) Gender Against Men (documentary produced by Refugee Law Project) http://www.forcedmigration.org/video/gender-against-men/media/


[1] In this paper the term sexual violence will be used synonymously with the acronym SGBV/P (sexual and gender based violence and/or persecution). SGBV/P incorporates sexual and gender based persecution as opposed to SGBV, which focuses on sexual and gender basedviolence only 
[2] Examples of recent articles on male sexual violence; http://www.guardian.co.uk/society/2011/jul/17/the-rape-of-men,http://www.nytimes.com/2009/08/05/world/africa/05congo.html
[3] http://www.unhcr.org/pages/49e483c06.html
[4] J Nayiga ‘Prevalence and Determinants of Sexual Violence in Uganda’ (2006) Makerere University Population Secretariat
[5] C McGreal ‘Hundreds of thousands of women raped for being on the wrong side’ 
[6] L Melhado “Rates of sexual violence are high in Democratic Republic of the Congo. International Perspectives on Sexual and Reproductive Health” 36 (4) (2010) 210-210
[7] Focus group with Kiswahili male refugee victims of sexual violence at Refugee Law Project
[8] U.N Commission on Human Rights, Sub-Committee on Prevention of Discrimination & Protection of Minorities ‘Contemporary forms of Slavery: Systematic Rape, Sexual Slavery and Slavery like practices during armed conflict’ Final Report submitted by Gay J. McDougall, Special Rapporteur 21 U.N doc E/CN.4/Sub.2/1998/13 (June 22, 1998)
[9] Convention on the Elimination of all Forms of Discrimination against Women (CEDAW) Expanded Definition of Sexual and Gender-Based Violence used by UNHCR and Implementing Partners (based on Articles 1 and 2 of the UN General Assembly Declaration on the Elimination of Violence against Women(1993) and Recommendation 19, para 6 of the 11th Session of the CEDAW Committee)
[10] Office of the United Nations High Commissioner for Refugees ‘Handbook on Procedures and Criteria for Determining Refugee Status’ (1979) 59
[11] S/RES/1820 (2008)
[12] Protocol Additional to the Geneva Conventions of 12 August 1949 and relating to the Protection of Victims of International Armed Conflicts (Protocol I), 8 June 1977
[13]Protocol Additional to the Geneva Conventions of 12 August 1949, and relating to the Protection of Victims of Non-International Armed Conflicts (Protocol II), 8 June 1977
[14] Case No. IT-96-23-I, 26 June 1996, International Criminal Tribunal for the former Yugoslavia, Judge Lal C. Vohrah.
[15] The Prosecutor v. Jean-Paul Akayesu (Trial Judgment), ICTR-96-4-T, International Criminal Tribunal for Rwanda (ICTR), 2 September 1998, available at: http://www.unhcr.org/refworld/docid/40278fbb4.htm
[16] Case number IT-95-9-T, 27th October, 2003, International Criminal Tribunal for the Former Yugoslavia, para. 728
[17] Suheyla Aydin v. Turkey, Case 25660/94, Council of Europe: European Court of Human Rights, 24 May 2005 and Raquel Martí de Mejía v. Perú, Case 10.970, Inter-American Commission on Human Rights (IACHR), 1 March 1996
[18] United Nations Committee on the Elimination of All Forms of Discrimination against Women, General Recommendation 19 (Violence against Women) 
[19] International Conference on the Great Lakes Region, Protocol on the Prevention and Suppression of Sexual Violence against Women and Children, 30 November 2006
[20] Protocol to the African Charter on Human and Peoples' Rights on the Rights of Women in Africa, Adopted by the 2nd Ordinary Session of the Assembly of the Union, Maputo , 11 July 2003 
[21] T Bouta, G Frerks and I Bannon ‘Gender, Conflict, and Development’ (2005) World Bank, Washington DC p. 47
[22] Statement made by a male refugee victim of sexual violence while giving his testimony, April, 2011
[23] Gender Against Men (documentary produced by Refugee Law Project) http://www.forcedmigration.org/video/gender-against-men/media/
[24] Gender Against Men (n 33 above)
[25] Gender Against Men (n 33 above)
[26] Interview with Congolese refugee, April, 2011
[27] S Sivakumaran ‘Sexual Violence Against Men in Armed Conflict’ (2007) 18 EUR J. INT’L L. 253
[28] Gender Against Men (n 23 above)
[29] The Uganda Penal Code Act (Cap. 120)
[30] The Uganda Penal Code Act (Cap.123)
[31] The Uganda Penal Code Act (Cap 148)
[32] Jessica Keralis, Beyond the Silence: Sexual Violence in Eastern DRC, 36 Forced Migration Review (2010) 13-14
[33] “I can’t afford Justice: Violence against Women in Uganda continues unpunished and unchecked” (2010) Amnesty International Publications 
[34] http://www.hrw.org/news/2009/10/15/uganda-anti-homosexuality-bill-threatens-liberties-and-human-rights-defenders
[35] Gender Against Men (n 33 above)

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