A/HRC/19/56/Add.1 Committed in the Territory of Rwanda and Rwandan Citizens Responsible for Genocide and Other Such Violations Committed in the Territory of Neighbouring States between 1 January and 31 December 1994 that recognized that rape could be a constituent element in the crimes of genocide and crimes against humanity. The Tribunal secured important convictions in this regard and documented a more detailed picture of the Rwandan genocide than had previously existed of any such events.19 35. The country‟s domestic genocide law recognizes rape and sexual torture as category one crimes – acts of genocide and crimes against humanity. The gacaca courts were able to consider rape cases following an amendment to the genocide law in 2008. Cases of sexual violence involving some 6,808 persons were transferred to gacaca courts. Specialist training was provided to gacaca judges and such cases were required to be considered in closed sessions to protect survivors. Trauma counsellors were also made available. However, according to Human Rights Watch, “rape victims uniformly expressed disappointment at having to appear in gacaca rather than conventional courts, as gacaca proceedings – even behind closed doors – failed to protect their privacy.”20 36. In September 2009, the Committee on the Elimination of Discrimination against Women noted its concern that “equal access to justice and appropriate protection and support may not be guaranteed for all women and girl [rape] victims within the framework of the comprehensive process of prosecution of perpetrators that is ongoing at international and national levels” (CEDAW/C/RWA/CO/6, para. 23). The Committee urged Rwanda to continue to ensure appropriate protection, support and equal access to justice for the women victims of sexual violence during the genocide. 37. Genocide survivors constitute a group with particular challenges that must be addressed with sensitivity. While most belong to the formerly recognized Tutsi minority, moderate Hutu and Batwa were also victims. Credible evidence indicates that survivors continue to face harassment, violence and trauma. Many women survivors live with HIV/AIDS as a result of rape. The independent expert met with IBUKA (which means “remember” in Kinyarwanda), which represents genocide survivors and works to protect their rights and address their needs. 38. Estimates suggest that as many as 70 per cent of the rape survivors are HIVpositive.21 In a 2004 report, African Rights, a human rights organization, detailed the fact that the majority were lacking basic needs such as shelter, adequate food and medication. 22 African Rights stated, “we find that genocide rape victims in Rwanda lead a uniquely troubled existence”. Their research revealed that “most genocide rape victims suggest that they will never feel comfortable in groups where there is a possibility of meeting relatives of the men who raped them, or simply of exposing themselves to a community they believe betrayed them”. Survivors of sexual violence reportedly continue to experience significant gaps in access to healthcare and only an estimated 28 per cent of households affected by HIV/AIDS are able to afford treatment. Organizations such as the Association of the Widows of the Genocide (AVEGA AGAHOSA) provide support networks for women, improve their living conditions and provide medical and psychological support. 19 20 21 22 Patricia Viseur-Sellers, “„Tokyoisation‟ of the ICTR‟s Gender Jurisprudence”, paper to the Conference on Interface between Peace and International Justice in Africa, 22–23 June, 2007, Accra. Human Rights Watch, World Report 2010: Country summary – Rwanda (2010). Anne-Marie de Brouwer and Sandra Ka Hon Chu, eds., The Men Who Killed Me: Rwandan Survivors of Sexual Violence (Vancouver, 2009, Douglas & McIntyre). See www.preventgbvafrica.org/sites/default/files/resources/brokenbodies.africanrights.pdf. 11