Urgent need to reform rape laws, says NGO

Sudan should urgently reform its laws governing rape because they expose victims to further abuse and shield perpetrators from prosecution, Refugees International (RI) has warned.

In a report titled Laws Without Justice: An Assessment of Sudanese Laws Affecting Survivors of Rape, RI said the current laws also limited the ability of survivors to receive medical care and generally denied them access to justice.

"Much has been written about the scale of rape in Darfur," said Adrienne Fricke, one of the authors of the report, referring to the war-ravaged western Sudanese region where an estimated four million people have been displaced. "But unless we understand the legal mechanisms that are creating and reinforcing the problem, it will be impossible to bring justice to the victims or reduce the incidence of rape. Denying justice to these women only compounds the terrible physical and psychological trauma of rape."

Fricke, an Arabic-speaking lawyer, co-authored the report with Amira Khair, a Sudanese human-rights advocate, after an invitation from Sudanese justice ministry officials. Government officials, however, later turned uncooperative, RI said.

"The Government of Sudan invited us to analyse its laws against rape," RI president Ken Bacon said in a statement. "Sudan's laws can be changed and there is a strong community of Sudanese activists calling for reforms who should be supported."

Photo: UNICEF

Map of Sudan's Darfur region

According to the NGO, rape of women in Darfur had occurred on a mass scale, becoming one of the hallmarks of the conflict. Because the laws grant immunity to members of the military, security services, police and border guards, Janjawid militias involved are not prosecuted.

"The government also continues to harass non-governmental organisations who work with rape victims and doctors who provide medical treatment to raped women," the report said. "Women who have survived sexual violence should not be penalised for seeking justice."

The report urges the African Union Mission in Sudan and the proposed UN hybrid peacekeeping force to adopt a stronger mandate to protect women and girls. They should also allocate resources and training for survivors of sexual violence.

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