BCPR | Women in Darfur

Focus on Haiti

Improving access to justice for survivors of sexual violence in Darfur

By Aicha Elbasri, Communications Manager, UNDP Sudan, Yahia Hashim Obie, Rule of Law Officer, Rule of Law Programme in South Darfur, UNDP Sudan and Asia Awad, Programme Analyst, Rule of Law programme, UNDP Sudan

Women victims of rape in Darfur used to be denied post-trauma medical assistance unless they agreed to complete Form 8. Form 8 is a one page reporting document produced by the Ministry of Justice to record physical injuries related to criminal acts. However, many survivors have reported that in the past they have been informed that Form 8 was not available. This meant many women would return home without treatment or a report that could lead to an arrest of a perpetrator.

Responding to the international community’s calls for the right of the survivors of rape to medical care and access to justice, legislation was amended in 2005. As a result, women can now have access to life-saving treatment without filing Form 8. In addition, the Ministry of Justice established the National Action Plan on Combating Violence against Women as well the Committee for Combating Gender-Based Violence in each of the three Darfur states.

Sudan
©UNICEF/2005-0943/Haviv – Sudan

However, most people in Darfur, including women, internally displaced persons, community leaders, health workers and police officers are unaware of the changes in the law. After more than four years of advocacy efforts by the international community, Form 8 is still regarded as one of the key barriers for survivors of sexual violence who seek medical care and access to justice in Darfur.

Responding to the need to disseminate life-saving information to all stakeholders in Darfur, UNDP, in partnership with UNFPA and the United Nations-African Union Mission in Darfur, developed key messages about Form 8, which are being rolled out in Darfur:

1. Form 8 is not required for the police to arrest a perpetrator
2. Form 8 is not required to open a case in a court of law
3. Form 8 is not required to prove a case in a court of law

For instance, in October 2008, UNDP presented these messages to more than 50 police officers and inspectors in Darfur. UNDP will continue to conduct public awareness campaigns about Form 8 with internally displaced persons, women’s groups, local non-governmental organizations and the police force.

This initiative is part of the UNDP-supported Darfur Rule of Law programme, which has provided legal aid services to survivors of sexual violence for over three years. UNDP has helped establish a legal aid network in all three Darfur states, which now includes more than 60 lawyers, both men and women. The legal aid network has handled 432 cases since 2006, of which 306 involve criminal charges. Rape cases constitute nearly 19 percent of the total criminal caseload.