In June 2008, the United Nations Security Council adopted Resolution 1820 of 2008, which addresses sexual violence in situations of conflict. How significant is this new Resolution?

On June 19, 2008 the United Nations Security Council adopted a Resolution to end sexual violence in conflict. The passing of Resolution 1820 of 2008 was preceded by a day-long discussion on women, peace and security, chaired by the United States - represented by its Secretary of State - which currently has the presidency of the Council. On the longstanding dispute as to whether sexual violence was an issue that the Security Council was mandated to address, US Secretary Condoleezza Rice said: "We respond to that lingering question with a resounding 'Yes!'" [1] While this may seem obvious for the reason that there is no conflict in recent history where girls and women have not been targeted for rape, the inclusion of this acknowledgement into the Resolution was important because some members of the Security Council, in particular China and Russia, have previously held the position that sexual violence was not the business of the Council. [2] Among other things, Resolution 1820 demands that parties involved in armed conflict cease committing acts of sexual violence against civilians and take appropriate measures to protect civilian women and girls from all forms of sexual violence. It also calls upon parties to debunk the myths that fuel sexual violence.

There have been mixed reactions from women's rights advocates to the adoption of Resolution 1820. To begin with, there was no wide consultation with women's rights organisations prior to the debate and the drafting of the Resolution. The fact also that the debate was chaired by the United States was disconcerting to some, but this was alleviated to some extent by the recognition that women's rights advocates have been raising these very issues for a long time. [3]

One of the biggest concerns about the Resolution 1820 is that its effect may be to water down Security Council Resolution 1325 of 2000, which already calls for an end to impunity for sexual violence, and goes further. Resolution 1325 provides a comprehensive framework for the role of women in conflict prevention and resolution as well as in peace building. It recognises the agency of women in matters of peace and security, and does not portray them merely as victims. For some, isolating the aspect of sexual violence from other aspects of conflict as they affect women, leads to a focus on women as victims, downplaying their agency in different areas including in addressing sexual violence. [4] The truth of conflict is that many individual women in situations of conflict both experience sexual violence and are change agents. On the other hand, sexual violence often impedes women from participating in conflict prevention and resolution, a fact that Resolution 1820 recognises.

There has generally been a failure on the part of states and the UN itself to ensure the full implementation of the older Resolution and this has led many to ask whether the new Resolution will not have a similar fate. It is not the lack of international instruments or other guidelines that has undermined the rights of girls and women in situations of conflict. International law already recognises rape as a war crime, a crime against humanity and a constitutive act with respect to genocide. It is more likely that the failure to address sexual violence is reflective of a general reluctance both nationally and internationally to treat sexual violence with the seriousness it deserves, hence the scepticism on the part of some. There are a number of cases where UN peacekeeping forces have been implicated in sexual exploitation of women and girls. The UN Secretary General, contributing to the debate preceding the adoption of Resolution 1820 reiterated that the UN had a zero tolerance approach to abuses by its own personnel. This Resolution places the UN under greater scrutiny.

Another concern revolves around the perception of rape in terms of its use against a particular ethnic group or nation as represented by women from that particular group. In the words of Resolution 1820, "women and girls are particularly targeted by the use of sexual violence, including as a tactic of war to humiliate, dominate, instil fear in, disperse and/or forcibly relocate civilian members of a community or ethnic group." While it is true that rape is committed against women and girls as representatives of their groups, the fact that rape is an abuse of individual rights should not be obscured.

Although there are some reservations to Resolution 1820, it does break important ground. As mentioned earlier, it lays to rest debate about whether or not the Security Council should address sexual violence in conflict situations. The Security Council possesses significant moral authority and its pronouncements do have significant strength even though their implementation has often been a challenge. Therefore its recognition of the importance of urgently addressing all the dimensions of sexual violence in conflict is welcome. The Security Council is also the body of the UN charged with the responsibility of maintaining international peace and security. It is therefore within its purview to act against states waging unlawful wars and to outline the roles of UN peacekeeping forces. In the past, peacekeeping forces have not explicitly been given the task of providing protection against sexual violence [4]. Hopefully, this will change with the adoption of Resolution 1820.

Resolution 1820 is not a comprehensive instrument for addressing sexual violence. It is however, a step in the right direction provided that it will complement and not distract from Resolution 1325, which is still the definitive standard so far for incorporating women's rights perspectives into conflict prevention and resolution, and peace building.

Notes:
1. Security Council Demands immediate and complete Halt to Acts of Sexual Violence against Civilians in Conflict Zones, unanimously adopting Resolution 1820 (2008). UN Department of Public Information, June 19, 2008.
2. Women's International League for Peace 'Security Council Resolution 1820: A Move to end Sexual Violence in Conflict,' 1325 PeaceWomen E-News, Issue 102, June 2008.
3. Ibid.
4. Ibid.

Related information:
Security Council Report
Women, peace and security - 11 June, 2008: Expected Council Action • Key Recent Developments • The Issue of Sexual Violence • Options • Key Issues • Council Dynamics • UN Documents • Useful Additional Sources • Other SCR Reports on Women, Peace and Security.