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Letter to Simon Ray of the Department for International Development
Concerning rape as a war crime in Kosovo and DFID's development programs
November 27, 2000

Simon Ray
Department for International Development
Head of the Central and South Eastern Europe Department
94 Victoria Street
London, United Kingdom
SW1E 5JL


Dear Mr. Ray:


Related Material

Kosovo: Rape as a Weapon of "Ethnic Cleansing"
HRW Report


In March 2000, Human Rights Watch published a report, Rape as a Weapon of "Ethnic Cleansing," on rape as a war crime in Kosovo. The report, which we have enclosed, documents the use of rape and other forms of sexual violence as weapons of war and instruments of "ethnic cleansing" in Kosovo.

In all, Human Rights Watch investigators conducted approximately seven hundred interviews with Kosovar refugees and internally displaced persons in Albania, Macedonia, and Kosovo between March and September 1999. Based on testimonies from eyewitnesses and victims of rape, Human Rights Watch concluded that Yugoslav soldiers, Serbian police, and paramilitaries deliberately used rape and the threat of rape to terrorize the civilian population, extort money from families, and push people to flee their homes. Human Rights Watch found credible accounts of ninety-six cases of sexual assault committed by Serbian forces during the NATO bombing campaign; the actual number is probably much higher. These rapes and sexual assaults shattered women's lives in Kosovo; women now seek justice even as they strive to recover from the physical and psychological impact of the violence.

Based on our findings, Human Rights Watch crafted recommendations to donor governments for funding priorities. The recommendations revolve around two important goals: securing access to justice for victims of rape and other forms of sexual violence; and inclusion of women in postwar reconstruction programs for Kosovo. We hope that these recommendations are helpful to you as you analyze your current program and choose development priorities for future DFID programs in Kosovo.

The Department for International Development has taken a leadership role in providing aid to Kosovo. Human Rights Watch commends DFID's pledge to commit 29 million pounds for Kosovo in 2000. We understand DFID's initial focus on emergency rehabilitation and urgent infrastructure projects. However, in 2000 and 2001, it is imperative that donors implement a longer-term development strategy that takes into account important human rights concerns, including women's human rights issues.

We have reviewed DFID's Kosovo Interim Programme Strategy, published in January 2000. Based on our review, and drawing on Human Rights Watch's extensive research into postwar reconstruction in Bosnia and Herzegovina, we offer you this analysis of your current strategy. In general, Human Rights Watch recommends that DFID's strategy focus on key areas in which women face potential violation of their human rights in the post-war period, such as employment, development and reconstruction assistance, and violence against women. Specifically, we make the following recommendations:

  • Integrate women's human rights into the basic framework of DFID's development strategy;

  • Prevent discrimination against women by involving Kosovar women in decisionmaking;

  • Avert discriminatory aid distribution by targeting women in employment and job training programs;

  • Focus on women victims of trauma;

  • Develop programs to combat violence against women in the post-conflict period;

  • Develop programs to provide legal assistance to women victims of rape planning to testify at the International Criminal Tribunal for the Former Yugoslavia.

    Acknowledge Women's Human Rights: the Basic Framework
    Human Rights Watch is concerned that the strategy paper does little to acknowledge the grave violations of women's rights during and since the war. The priority outlined in the strategy paper — "to help the people of Kosovo and the Joint Interim Administration . . . to establish the basic political, legal, social, and economic framework for longer-term development" (para. 4.1) — is laudable, however, women's human rights must play a role in that basic framework. Violations of women's human rights in Kosovo will continue unabated if not addressed systematically by agencies such as DFID. This includes analyzing programs for their impact on women and collecting and maintaining gender-disaggregated data on project results.

    Involve Kosovar Women in Decisionmaking
    Women's right, on an equal basis with men, "to participate in the formulation of government policy and the implementation thereof" is guaranteed by the Convention on the Elimination of all forms of Discrimination against Women (CEDAW). The DFID policy paper states that the agency will try to "involve Kosovars where possible" (para. 4.7). However, it is unclear which Kosovars DFID endeavors to involve. In Bosnia and Herzegovina and in Kosovo, women have found themselves sidelined during reconstruction, resulting in discriminatory policies that do not adequately address the needs of women. The involvement of local women leaders is particularly important in preventing sex discrimination during the reconstruction period: their involvement facilitates dissemination of information through networks of women's nongovernmental organizations and increases women's access to resources.

    Include Women in Employment and Job Training Programs
    Brutal "ethnic cleansing" left thousands of Kosovar Albanian women impoverished by the loss of the family's primary breadwinner, by the loss of household necessities looted by Serbian forces, and, in some cases, by the destruction of their homes. Women head a substantial number of households in the post-conflict environment; some of those households include children and elderly relatives now dependent on a female breadwinner. And although women's responsibilities may have shifted, traditional attitudes toward women still prevail. Such biases can leave women economically disadvantaged. The international community should earmark funds to ensure that women participate in income-generating and reconstruction programs.

    The strategy paper indicates that small and medium-sized enterprises are expected to drive growth in the Kosovar economy. However, the paper fails to address the issue of women's employment or the role of women in these small and medium-sized enterprises. Women must be integrated into all jobs programs and job training programs on an equal basis with men. Programs must ensure women's training and employment in all programs, including in jobs not traditionally held by women. It is imperative that women not be tracked into stereotyped, low-paying employment, as occurred in Bosnia and Herzegovina. And should DFID decide to develop micro-credit programs in the future, women should have equal access to all micro-credit funds on a nondiscriminatory basis.

    The International Monetary Fund has advised Kosovo to maintain only a "lean" public sector. Other international organizations have proposed significant layoffs in the public sector. In Kosovo, state sector jobs, particularly in the fields of education and health, are staffed overwhelmingly by women, in part due to discriminatory hiring practices that limited women's employment opportunities elsewhere. The international community must take into account the reality that these layoffs will disproportionately impact women. DFID and other donors must develop training and jobs programs that target these women. Without such attention, job elimination in the public sector could reinforce past discrimination.

    Finally, to ensure that women do not face discrimination in access to social welfare benefits, DFID should fund the development of databases at social welfare centers with the capacity to organize gender-disaggregated data. This data — including analysis of the number of female-headed households, female poverty levels, and female average earnings — should inform policymakers about optimal allocation of resources as they create welfare and pension programs. Without this data, it will be impossible to design social welfare programs to target marginalized women and equally impossible to determine whether women benefit from existing programs.

    Focus on Women Victims of Trauma
    Leaders of Kosovo's women's movement have bemoaned the lack of services available to victims of wartime rape, sexual assault, and other violence. Severely traumatized, these women must fight to rebuild their lives, shattered by violence. Human Rights Watch recommends that DFID fund programs in Kosovo designed to provide legal, psychological, economic, and social support for women victims of conflict-related trauma. These programs should rely on the expertise and capacity of local nongovernmental organizations with experience in the area, such as the Center for the Protection of Women and Children in Pristina and Motrat Qiriazi (the Rural Women's Network). In particular, social care nurses should receive training in rape counseling.

    Develop Programs to Combat Violence Against Women in the Post-Conflict Period
    Domestic violence, rape, and sex discrimination continue to plague Kosovar women. The DFID-funded UNIFEM report on violence against women in Kosovo, No Safe Place: Results of an Assessment on Violence Against Women In Kosovo/Kosova exposes high levels of violence against women in the post-conflict period, including domestic violence, sexual violence, and trafficking for forced prostitution. Human Rights Watch commends DFID for sponsoring this in-depth study of the situation for women in Kosovo. DFID should implement the recommendations made in the UNIFEM report, including provision of funding for SOS-telephone lines for victims of domestic violence, funding for rape counseling services, funding of shelters for victims of domestic violence, and creation of public education programs to de-stigmatize rape and other forms of sexual violence. Without such programs, violence against women in Kosovo will continue with impunity for the perpetrators.

    Develop Legal Assistance Programs for Victim-Witnesses Testifying on Rape Charges in Local and International Courts
    The Organization for Security and Cooperation in Europe's report on the Kosovo court system, released in October, indicates that women who seek justice for sexual violence find discrimination, intimidation, and bias in the criminal justice system.

    The strategy paper indicates that DFID will seek "opportunities to work with OSCE to establish the rule of law" (para 4.6). In line with this commitment, DFID should allocate funds to implement the OSCE report's recommendations: develop a witness protection program for vulnerable witnesses; provide training for prosecutors, law enforcement authorities, and judges on domestic violence, rape, and trafficking of women for forced prostitution; create a court victims' advocacy program in cooperation with local women's NGOs; and fund a project to equip all hospitals and clinics with modern rape evidence collection kits.

    Conclusion
    DFID is to be congratulated for its role in promoting human rights and providing emergency humanitarian assistance. However, in keeping with the United Kingdom's commitment to integrating women's human rights into its development work, DFID must take specific measures to ensure that women benefit from the programs.

    Human Rights Watch appreciates the opportunity to comment on the Interim Programme Strategy. Please feel free to contact us if we can be of any assistance or if you have any questions.

    Best wishes,

    Regan Ralph
    Executive Director
    Women's Rights Division

    Rachel Denbar
    Acting Executive Director
    Europe and Central Asia Division

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