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News Story
Human Rights Watch
September 25, 2000
Burundian refugee women confront daily violence in Tanzanian
refugee camps, Human Rights Watch charges in a new report,
"Seeking Protection: Addressing Sexual and Domestic Violence in
Tanzania's Refugee Camps."
When Burundi women fled the internal conflict there, they
expected to find safety and protection in the refugee camps.
Instead, they simply escaped one type of violence in Burundi to
face other forms of abuse in the refugee camps in Tanzania,"
said Chirumbidzo Mabuwa, author of the report and researcher for
the women's rights division of Human Rights Watch.
The 151-page report, "Seeking
Protection: Addressing Sexual and Domestic Violence in
Tanzania's Refugee Camps," documents unhcr's and the
Tanzanian host government's failure to address violence
against women refugees in a timely and effective manner,
despite ample evidence that women's lives were in danger in
their homes and in the general camp community. It was not
until 1999, five years after the establishment of the refugee
camps in Tanzania, that unhcr began to address these problems
systematically, under pressure from the refugees themselves
and after the intervention of human rights groups, including
Human Rights Watch. unhcr was also helped by its receipt of
special funds from a U.S.-based philanthropic organization in
October 1998 to support programs to combat violence against
refugee women in Tanzania and other sub-Saharan African
countries. "Important lessons must be learned from the
mistakes in Tanzania," said Mabuwa. "unhcr and host
governments must be proactive in assessing the protection
needs of refugee women from the very start of refugee
emergencies—they simply cannot wait until the problems reach
crisis level."
Together with its implementing partners, unhcr has now
initiated programs in the Tanzanian camps. These programs,
among other things, raise community awareness about sexual and
other gender-based violence and provide counseling for victims
of sexual and domestic violence. "While we commend the steps
that unhcr is now taking to address violence against women in
the camps, there are still critical gaps in its programs,"
said Mabuwa. "There is a dearth of consistent monitoring, the
follow-up to cases is ad-hoc, and unhcr staff roles are still
ill-defined."
"The absence of an appropriate policy guiding unhcr staff
on how to respond to domestic violence in refugee camps
remains a serious problem that has far reaching consequences
beyond Tanzania," said LaShawn R. Jefferson, one of the field
investigators and deputy director of the women's rights
division of Human Rights Watch. At present, the only advice
unhcr's guidelines offer its staff is virtually to ignore
cases of domestic violence."
Human Rights Watch also criticized the Tanzanian government
for its slow response and ineffective efforts to protect women
from sexual and domestic violence. As a party to the 1951
Convention Relating to the Status of Refugees, which it
ratified in 1983, Tanzania is obliged to ensure that its
national laws and courts are accessible to refugees. It also
has international legal obligations to guarantee women receive
equal protection under the law by, among other things,
ensuring that police and court officials investigate,
prosecute, and punish perpetrators of domestic and sexual
violence against refugee women. "We acknowledge that for
decades the Tanzanian government has generously opened its
borders to hundreds of thousands of refugees from across
sub-Saharan Africa, taxing its own limited resources and
infrastructure. However, its international legal obligations
require it to provide these refugee women with better access
to justice than they now have," added Mabuwa.
Despite the existence of laws punishing rape and assault,
Tanzanian authorities lack the training, guidance, and
resources to enforce those laws. On the one hand, police bias
against victims of domestic violence makes it difficult for
perpetrators to be held accountable. On the other hand, the
courts in the Kibondo, Kasulu, Ngara, and Kigoma districts,
where most refugee camps are located, are staffed by personnel
who receive no training on how to investigate and adjudicate
cases of violence against women.
"Tanzania's poor record on ensuring that the justice system
protects refugee women victims of violence is not exclusively
a matter of resources, but also a question of political will,"
said Mabuwa. "Tanzanian authorities should not be allowed to
hide their inaction behind the already well-acknowledged
problem of insufficient resources. " Tanzanian police officers
interviewed by Human Rights Watch did not regard domestic
violence as a crime. Rather than investigate reports of
domestic violence, typically police simply referred the
victims to unhcr and other organizations for counseling.
Human Rights Watch called for unhcr to ensure that its own
guidelines and policies on protecting refugee women from
violence are fully implemented and to adopt and implement a
policy advising staff on how to intervene in cases of domestic
violence. The international monitoring organization also urged
the Tanzanian government to ensure that police adequately
investigate and prosecute crimes of sexual and domestic
violence against refugee women and to discipline police and
judicial officials who fail to do so. TESTIMONY
Marie-Claire E. fled to Tanzania with her mother, sister,
and brother in 1996. Her father was killed in Burundi. She was
sixteen years old and living in Mtendeli camp when Human
Rights Watch interviewed her in May 1998. She said that she
had been on her way to Kanembwa camp with her younger brother
on March 30, 1998, in order to visit their uncle, when she was
raped by two men who spoke Kiha, a local Tanzanian language.
She reported the case to the police the same day, but the
police had failed to conduct any investigation by the time
that she spoke to Human Rights Watch two months later. She
told Human Rights Watch: "The two men took off my clothes, in
the presence of my brother. They blindfolded and raped me, one
after the other. I would like the assailants to be punished
for raping me."
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