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[经济学人] [2011.01.14]War's overlooked victims 被遗忘的战争受害者









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发表于 2012-1-16 17:22 | 显示全部楼层 |阅读模式
本帖最后由 inundate 于 2012-1-16 17:23 编辑

Violence against women

War's overlooked victims

Rape is horrifyingly widespread in conflicts all around the world

SHORTLY after the birth of her sixth child, Mathilde went with her baby into the fields to collect the harvest. She saw two men approaching, wearing what she says was the uniform of the FDLR, a Rwandan militia. Fleeing them she ran into another man, who beat her head with a metal bar. She fell to the ground with her baby and lay still. Perhaps thinking he had murdered her, the man went away. The other two came and raped her, then they left her for dead.

Mathilde’s story is all too common. Rape in war is as old as war itself. After the sack of Rome 16 centuries ago Saint Augustine called rape in wartime an “ancient and customary evil”. For soldiers, it has long been considered one of the spoils of war. Antony Beevor, a historian who has written about rape during the Soviet conquest of Germany in 1945, says that rape has occurred in war since ancient times, often perpetrated by indisciplined soldiers. But he argues that there are also examples in history of rape being used strategically, to humiliate and to terrorise, such as the Moroccan regulares in Spain’s civil war.
如Mathilde的此类遭遇司空见惯。战争中的强暴和战争本身一样古老。1600年前洗劫罗马城之后Saint Augustine说战时的强暴是“古老且一贯的恶行”。对士兵来说,它长期以来都被看作战争的战利品之一。历史学家Antony Beevor曾写过关于1945年苏军攻占德国期间强暴行为的文字,他说战争中的强暴行为起源于古代,通常是那些不守军规的士兵在施暴。但他称历史上也有一些关于强暴在战略上被用来侮辱和恐吓(敌方)事例,在西班牙内战中摩洛哥的军规就是如此。

As the reporting of rape has improved, the scale of the crime has become more horrifyingly apparent (see table). And with the Bosnian war of the 1990s came the widespread recognition that rape has been used systematically as a weapon of war and that it must be punished as an egregious crime. In 2008 the UN Security Council officially acknowledged that rape has been used as a tool of war. With these kinds of resolutions and global campaigns against rape in war, the world has become more sensitive. At least in theory, the Geneva Conventions, governing the treatment of civilians in war, are respected by politicians and generals in most decent states. Generals from rich countries know that their treatment of civilians in the theatre of war comes under ever closer scrutiny. The laws and customs of war are clear. But in many parts of the world, in the Hobbesian anarchy of irregular war, with ill-disciplined private armies or militias, these norms carry little weight.

Take Congo; it highlights both how horribly common rape is, and how hard it is to document and measure, let alone stop.The eastern part of the country has been a seething mess since the Rwandan genocide of 1994. In 2008 the International Rescue Committee (IRC), a humanitarian group, estimated that 5.4m people had died in “Africa’s world war”. Despite peace deals in 2003 and 2008, the tempest of violence has yet fully to subside. As Congo’s army and myriad militias do battle, the civilians suffer most. Rape has become an ugly and defining feature of the conflict.

Plenty of figures on how many women have been raped are available but none is conclusive. In October Roger Meece, the head of the United Nations in Congo, told the UN Security Council that 15,000 women had been raped throughout the country in 2009 (men suffer too, but most victims are female). The UN Population Fund estimated 17,500 victims for the same period. The IRC says it treated 40,000 survivors in the eastern province of South Kivu alone between 2003 and 2008.
有很多关于被强奸者数量的数据,但没有一个是确切的。10月联合国在刚果地区的负责人Roger Meece告知联合国安理会整个国家在2009年里共有15000位妇女被强暴(也有男性受害者,但绝大部分是女性)。联合国人口基金会却估计那年有17,500名受害者。国际救援委员会称在2003年至2008年间仅仅在刚果东部省份South Kivu他们就接待了40,000民幸存者。

“The data only tell you so much,” says Hillary Margolis, who runs the IRC’s sexual-violence programme in North Kivu. These numbers are the bare minimum; the true figures may be much higher. Sofia Candeias, who co-ordinates the UN Development Programme’s Access to Justice project in Congo, points out that more rapes are reported in places with health services. In the areas where fighting is fiercest, women may have to walk hundreds of miles to find anyone to tell that they have been attacked. Even if they can do so, it may be months or years after the assault. Many victims are killed by their assailants. Others die of injuries. Many do not report rape because of the stigma.
“数据显示只有这么多”,国际救援委员会在North Kivu的性暴力项目的负责人Hillary Margolis说。这些数字是下限,真实的数字可能大很多。Sofia Candeias负责刚果UN Development Programme’s Access to Justice 的实施,指出有医疗服务的地区有更多的强暴案件被公布出来。在那些战斗最激烈的地区,妇女得步行数百英里才能遇到人,告诉他/她自己被强暴了。就算他们真去了,也可能是几个月甚至几年之后的事。许多受害者被施暴者杀害,另有一些受伤致死,很多人由于羞耻并没启齿。

Congo’s horrors are mind-boggling. A recent study by the Harvard Humanitarian Initiative and Oxfam examined rape survivors at the Panzi Hospital in Bukavu, a town in North Kivu province. Their ages ranged from three to 80. Some were single, some married, some widows. They came from all ethnicities. They were raped in homes, fields and forests. They were raped in front of husbands and children. Almost 60% were gang-raped. Sons were forced to rape mothers, and killed if they refused.
刚果那骇人听闻的暴行让人不可思议。最近一份由哈佛人道主义组织完成初稿、Oxfam审核关于在North Kivu 省Bukavu镇的Panzi医院中的被强暴者的研究报告指出她们的年龄上至80,下仅3岁,有的单身,有的已婚,有的寡居,都属于同一种族。她们受害地点有家里、田地里和森林里。他们在丈夫和孩子面前被强暴,约60%的受害者是被轮奸。儿子被迫强暴其母,否则会被杀害。

The attention paid to Congo reflects growing concern about rape in war. Historically the taboo surrounding rape has been so strong that few cases were reported; evidence of wartime rape before the 20th century is scarce. With better reporting, the world has woken up to the scale of the crime. The range of sexual violence in war has become apparent: the abduction of women as sex slaves, sexualised torture and mutilation, rape in public or private.

In some wars all parties engage in it. In others it is inflicted mainly by one side. Rape in wars in Africa has had a lot of attention in recent years, but it is not just an African problem. Conflicts with high levels of rape between 1980 and 2009 were most numerous in sub-Saharan Africa, according to Dara Kay Cohen of the University of Minnesota (see chart). But only a third of sub-Saharan Africa’s 28 civil wars saw the worst levels of rape— compared with half of Eastern Europe’s nine. And no part of the world has escaped the scourge.
在一些战争中,各方都有施暴行为。另一些战争中主要是一方施暴。近些年非洲战争中的强暴行为引起了很多关注,但这不只是非洲的问题。根据University of Minnesota的Dara Kay Cohen的图表,非洲撒哈拉以南地区在1980年至2009年间战争中强暴率很高。但撒哈拉以南地区的28场内战中只有3次达到了最恶劣的水平,相比起东欧中占了9次的一半,世界各地无一幸免。(似乎图文不对应,译者注)

The anarchy and impunity of war goes some way to explaining the violence. The conditions of war are often conducive to rape. Young, ill-trained men, fighting far from home, are freed from social and religious constraints. The costs of rape are lower, the potential rewards higher. And for ill- fed, underpaid combatants, rape can be a kind of payment.

Widespread, but not inevitable

Then consider the type of wars fought today. Many recent conflicts have involved not organised armies but scrappy militias fighting amid civilians. As wars have moved from battlefields to villages, women and girls have become more vulnerable. For many, the home front no longer exists; every house is now on the front line.

But rape in war is not inevitable. In El Salvador’s civil war, it was rare. When it did occur it was almost always carried out by state forces. The left-wing militias fighting against the government for years relied on civilians for information. You can rape to terrorise people or force them to leave an area, says Elisabeth Wood, a professor at Yale University and the Santa Fe Institute, but rape is not effective when you want long-term, reliable intelligence from them or to rule them in the future.
但战争中的强奸并非不可避免。在萨尔瓦多(中美洲的国家,译者注)的内战中,强暴行为很少见。如果有发生,基本上都是那些政府军干的。左翼反对派武装依赖老百姓提供的情报反对政府军达数年之久。你可以通过强暴来恐吓人民或强迫他们背井离乡,耶鲁大学和the Santa Fe Institute(圣菲研究所,一高端智囊团。译者注)教授Elisabeth Wood说,但如果你考虑长远发展,想依仗其中的聪明之才或是在将来统治他们,强暴行为是不可取的,。

Some groups commit all kinds of other atrocities, but abhor rape. The absence of sexual violence in the Tamil Tigers’ forced displacement of tens of thousands of Muslims from the Jaffna peninsula in 1990 is a case in point. Rape is often part of ethnic cleansing but it was strikingly absent here. Tamil mores prohibit sex between people who are not married and sex across castes (though they are less bothered about marital rape). What is more, Ms Wood explains, the organisation’s strict internal discipline meant commanders could enforce these judgments.
有些军队诸恶皆作,唯独反感强暴行为。1990年Tamil Tigers强迫成千上万穆斯林撤出Jaffna peninsula,期间并没有性暴力行为,这是个绝好案例。强暴通常和种族清洗有关,但这里并没有。Tamil更多的是反对婚前性行为(不怎么关心婚内强暴)。更重要的是,Ms Wood解释,军队的纪律严明表明军官们有能力推行其命令。

Some leaders, such as Jean-Pierre Bemba, a Congolese militia boss who is now on trial for war- crimes in The Hague, say they lack full control over their troops. But a commander with enough control to direct soldiers in military operations can probably stop them raping, says Ms Wood. A decision to turn a blind eye may have less to do with lack of control, and more with a chilling assessment of rape’s use as a terror tactic.
一些首领,如刚果民兵的首领Jean-Pierre Bemba,正因战场上的犯罪行为在海牙受审,因为他们对部属疏于管教。但一个军事行动中对前线士兵有足够掌控力的指挥官是能够制止强暴行为的,Ms Wood说。睁只眼闭只眼的决定可能和缺乏管教无关,更多的是将强暴行为当成恐怖战术行动。

Rape is a means of subduing foes and civilians without having to engage in the risky business of battle. Faced with rape, civilians flee, leaving their land and property to their attackers. In August rebel militias raped around 240 people over four days in the Walikale district of eastern Congo. The motives for the attack are unclear. The violence may have been to intimidate the population into providing the militia with gold and tin from nearby mines. Or maybe one bit of the army was colluding with the rebels to avoid being replaced by another bit and losing control of the area and its resources. In Walikale, at least, rape seems to have been a deliberate tactic, not a random one, says Ms Margolis.

At worst, rape is a tool of ethnic cleansing and genocide, as in Bosnia, Darfur and Rwanda. Rape was first properly recognised as a weapon of war after the conflict in Bosnia. Though all sides were guilty, most victims were Bosnian Muslims assaulted by Serbs. Muslim women were herded into “rape camps” where they were raped repeatedly, usually by groups of men. The full horrors of these camps emerged in hearings at the war-crimes tribunal on ex-Yugoslavia in The Hague; victims gave evidence in writing or anonymously. After the war some perpetrators said that they had been ordered to rape—either to ensure that non-Serbs would flee certain areas, or to impregnate women so that they bore Serb children. In 1995, when Croatian forces over-ran Serb-held areas, there were well-attested cases of sexual violence against both women and men.

In the Sudanese region of Darfur, rape and other forms of sexual violence have also been a brutally effective way to terrorise and control civilians. Women are raped in and around the refugee camps that litter the region, mostly when they leave the camps to collect firewood, water and food. Those of the same ethnicity as the two main rebel groups have been targeted most as part of the campaign of ethnic cleansing. According to Human Rights Watch, rape is chronically underreported, partially because in the mostly Muslim region sexual violence is a sensitive subject. Between October 2004 and February 2005 Médecins Sans Frontières, a French charity, treated almost 500 women and girls in South Darfur. The actual number of victims is likely to be much higher.
在达尔富尔的苏丹人居民区,强暴和其他性侵害被当作残酷地有效手段来恐吓和控制平民。她们在难民营里或外被强暴,大多数情况下是在离开居所去拾柴火、取水和食物的时候。她们所属的种族被两大反政府组织定为种族清洗目标。据人权观察组织称,强暴案长期以来被隐瞒了,部分是由于在大多数穆斯林地区性侵害是敏感话题。从2004年10月至2005年2月法国人开设的教堂Médecins Sans Frontières接待了约500名达尔富尔地区的女性受害者。实际受害者的数目远高于此。

Tacit approval

In the Rwandan genocide rape was “the rule and its absence the exception”, in the words of the UN. In the weeks before the killings began, Hutu-controlled newspapers ran cartoons showing Tutsi women having sex with Belgian peacekeepers, who were seen as allies of Paul Kagame’s Rwandan Patriotic Front. Inger Skjelsbæk, deputy director of the Peace Research Institute in Oslo, argues that Hutu propaganda may not have openly called for rape, but it certainly suggested that the Hutu cause would be well served by the sexual violation of Tutsi women. Jens Meierhenrich, a Rwanda-watcher at the London School of Economics, says that even if high-level commanders did not tell men to rape, they gave tacit approval. Lower-ranking officers may have openly encouraged the crime.
在卢旺达种族灭绝性的强暴按联合国的话说是“一贯的、毫无例外”。在大屠杀开始前的几周,胡图族(胡图族是卢旺达的最大族群,译者注)控制的媒体发表了图西族妇女(卢旺达境内的少数民族人,译者注)与比利时维和士兵性交的卡通画,该维和部队曾被视为Paul Kagame的卢旺达爱国阵线(Rwandan Patriotic Front)的同盟。在Oslo 的Peace Research Institute代理负责人Inger Skjelsbæk称胡图族可能没有公开号召强暴行为,但胡图族导致了图西族的性灾难这一事实非常明显。伦敦经济学院的卢旺达关注者Jens Meierhenrich称就是高层长官没有要士兵们去强暴,但他们默许了,而底层官员可能公开地鼓励施暴。

Out of Rwanda’s horror came the first legal verdict that acknowledged rape as part of a genocidal campaign. After the conviction of Jean Paul Akayesu, a local politician, the International Criminal Tribunal for Rwanda said systematic sexual violence, perpetrated against Tutsi women and them alone, had been an integral part of the effort to wipe out the Tutsis.
卢旺达的丑行导致了第一个法律判决宣称强暴行为是种族灭绝行动。对一名地方警察Jean Paul Akayesu宣判之后,针对卢旺达的国际刑事法庭称系统化地针对图西族妇女的性暴力行为,本身就是种族清洗图西族行为的一部分。

For combatants who know little about each other, complicity in rape can serve as a bond. The Revolutionary United Front (RUF) in Sierra Leone, most of whose members say they were kidnapped into its ranks and then raped thousands during the civil war, is a case in point. Ms Cohen argues that armed groups that are not socially cohesive, particularly those whose fighters have been forcibly recruited, are more likely to commit rape, especially gang rape, so as to build internal ties.
在战争中,士兵们谁也不认识谁,合谋强暴把他们联系在了一起。在Sierra Leone的革命联合战线(Revolutionary United Fron)中的大多数士兵称:她们被绑架成一排排,在内战中被施暴了上千次。Cohen女士称军队内部并没有凝聚力,特别是那些被强行征召的士兵,更容易去施暴,特别是轮奸,以产生凝聚力。

For the victims and their families, rape does the opposite. The shame and degradation of rape rip apart social bonds. In societies where a family’s honour rests on the sexual purity of its women, the blame for the loss of that honour often falls not upon the rapist, but the raped. In Bangladesh, where most of the victims were Muslim, the use of rape was not only humiliating for them as individuals but for their families and communities. The then prime minister, Mujibur Rahman, tried to counter this by calling them heroines who needed protection and reintegration. Some men agreed but most did not;they demanded sweeteners in the form of extra dowry payments from the authorities.

对那些受害者及其家庭来说,情况截然不同。强暴带来的羞辱和颜面扫地瓦解了社会关系。在某些社会中家庭看重妇女的贞洁,对失去贞洁的事并不怪强暴者,反而责备受害者。在Bangladesh,那里受害者大多是穆斯林,强暴伤害的不只是她一个人,而是她全家和整个社区。总理Mujibur Rahman试图通过称那些需要保护和照料的人为“女英雄”来扭转该现象。部分男性同意此观点,但绝大多数不以为然,他们要求当局赔偿彩礼。

In Congo, despite the efforts of activists, rape still brings shame to the victim, says Ms Margolis: “People can sit around and talk about the importance of removing the stigma in the abstract, but when it comes to their own wives or daughters or sisters, it is a different story.” Many are rejected by their family and stigmatised by their community after being raped.

There is little prospect of justice for the victims of rape. Mr Akayesu is one of the few people brought to book for rape in war. Though wartime rape is prohibited under the Geneva rules, sexual violence has often been prosecuted less fiercely than other war crimes. But the Balkan war-crimes court broke new ground by issuing verdicts treating rape as a crime against humanity. The convictions of three men for the rape, torture and sexual enslavement of women in the Bosnian town of Foca was a big landmark.

But in Congo the court system is in pieces. There have been fewer than 20 prosecutions of rape as either a war crime or a crime against humanity. The American Bar Association, which helps victims bring their cases to court in eastern Congo, has processed around 145 cases in the past two years. This has resulted in about 45 trials and 36 convictions based on domestic legislation, including a law introduced in 2006 to try and address the problem of sexual violence. Those who work with the survivors of rape in Congo have mixed feelings about the 2006 law. It has pricked consciences and made people more aware of their rights, concedes Ms Margolis. It creates a theoretical accountability that could help punish perpetrators. But for women seeking justice, it has yet to have much impact. “There is still a glimmer of hope in people’s eyes when they talk about the law. But the judicial and security systems need to be improved so that it can be applied better, or people may lose confidence in it,” Ms Margolis says.
但在刚果司法系统是零散的。针对强暴或违反人性的罪行的起诉不到20起。美国律师协会帮助受害者在刚果东部的法院里起诉,两年下来已处理了145个案件。结果有45场庭审,36件依据国内法被判刑,其中包括2006年出台试图处理性侵害问题的法律。那些同刚果强暴幸存者一起的人对这条法律有着复杂的感情,它伸张正义,让人们更重视自己的权利,Margolis承认。它为惩处侵害者提供了理论依据。但对那些寻求正义的女性,它还远远不够。“当人们谈及此法,人们眼角都会流露出一丝希望,但司法系统和公安系统应该更努力让法律得以落实,否则会失信于民”, Margolis说。

Huge practical problems beset the legal system in Congo,
says Richard Malengule, head of the Gender and Justice programme at HEAL Africa, a hospital in Goma. People have to walk 300km to get to a court. There is no money and no training for the police. Even if people are arrested, they are often released within a few days, in many cases by making a deal with the victim’s family or the court. Those that go to jail often escape within days. Many prisons have no door—or corrupt guards.
围绕刚果的司法系统有很多艰巨的实际问题,Goma 的一家医院HEAL Africa 的Gender and Justice 负责人Richard Malengule说。人们得步行三百公里才能见到法院,警察既没有薪水也没经过培训。就算有人被逮捕了,经常过不了几天又给放了,大多数情况只是为了应付受害者家庭或是法院。那些关到监狱里的几天之内也都越狱了,很多监狱连门都没有,或是栅栏朽坏了。

Enduring effects

Given the parlous state of Congo’s judiciary, raising the number of prosecutions may not help. Some want more international involvement. Justine Masika, who runs an organisation in Goma seeking justice for the victims of sex crimes, says Congolese courts must work with international ones in prosecuting rape. But “hybrid” courts require some commitment from the local government; Congo’s rulers do not show much commitment to tackling rape. The International Criminal Court is investigating crimes, including rape, in Congo but gathering necessary evidence is hard.
考虑到刚果司法系统如此之糟,起诉得再多也无济于事。有些人希望更多的国际干预。Justine Masika在Goma地区负责一个专为性侵受害者寻求司法援助的机构,称在起诉强暴罪行时刚果法庭必须参与国际合作。但“混合”法庭需要地方政府更多的配合,刚果的决策者在此方面并没有诚意。国际刑事法庭在刚果调查犯罪,包括强暴案件,但在收集必要证据方面非常困难。

Raising global awareness is another avenue; it helps lessen the stigma. Various UN resolutions over the past ten years have highlighted and condemned sexual violence against women and girls and called on countries to do more to combat it. But worthy language will not be enough.

Worse, the UN has faced criticism for failing to protect Congolese civilians from rape. In the Walikale attack, one UN official worries that the body is not meeting its obligations to protect civilians. He accepts that in remote places it is hard for peacekeepers to reach civilians, but insists that this does not justify the UN’s failure in Walikale. He is dubious, too, about the investigations into the incident. “All these interviews, these investigations, what have they achieved? The survivors are interviewed again and again and again? Where does that get them?”

Without the presence of the UN, atrocities would be even more widespread, says Mr Malengule. But in the long term, he says, more pressure must be put on Congo’s government to tackle rape. At present, one aid worker laments, it just gets a lot of lip-service. The government would rather Congo were not known as the world’s rape capital, but it shows little interest in real change.
如果没有联合国的存在,暴行可能更加严重,Malengule说。但着眼长远,他说,需要对刚果政府施加更大压力,迫使他们去处理强暴问题。目前,一位救护人员悲叹只是些漂亮话而已。政府不希望刚果背负世界强暴之都的坏名声,但对改变什么也没啥兴趣 。

Even when wars end, rape continues. Humanitarian agencies in Congo report high levels of rape in areas that are quite peaceful now. Again, it is hard to assess numbers. Figures for rape before the war do not exist. A greater willingness to report rape may account for the apparent increase. But years of fighting have resulted in a culture of rape and violence, says Mr Malengule. Efforts to reintegrate ex-combatants into society have been short and unsuccessful, with little follow-up to assess results. Add to that the dismal judicial system, and the outlook is grim.

It is bleaker still when you see how long rape’s effects endure. Rebels seized Angelique’s village in 1994. They slit her husband’s throat. Then they bound her between two trees, arms and legs tied apart. Seven men raped her before she fainted. She does not know how many raped her after that. Then they shoved sticks in her vagina. Tissue between her vagina and rectum was ripped, and she developed a fistula. For 16 years she leaked urine and faeces. Now she is getting medical treatment, but justice is a distant dream.
Time can both ruin everything and build everything-It depends on you

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