Interviews with Françoise Ngendahayo, Judge Navanetham Pillay, and Florence Mukamugema on the ICTR
Title | Título:
Interviews with Françoise Ngendahayo, Judge Navanetham Pillay, and Florence Mukamugema on the ICTR
Description | Descripción:
The Women's Caucus was formed in February 1997, to intervene in the ongoing Preparatory Committee meetings for the establishment of an International Criminal Court at the United Nations. Women realized that without an organized caucus, women's concerns would not be actively defended in the documents and process of creation of an International Criminal Court. The legal issues in the ICC are complex and sensitive. They require people from different legal systems and cultures to arrive at a consensus on specific issues that may challenge local traditions or beliefs. The gender-related issues are particularly sensitive, as they are not as well understood. Gender-related crimes are often perceived to be private or individual crimes that do not rise to the level of international human rights law, or that are perceived to be taken care of by a "neutral" statute. However, the experience of women has been that neutrality usually results in leaving out crimes against women and the ways that women, because of their socially constructed roles in society, are disproportionately affected. It was these concerns that the Women""s Caucus sought to address in the process of creation of an International Criminal Court. By advocating the codification of crimes of sexual, reproductive and gender violence, and inclusion of gender sensitive processes and criteria for personnel, the Caucus tried to ensure that the Court has capacity to implement justice for women. | Interview with Françoise Ngendahayo, Advisor on Gender Issues and Assistance to Victims at the International Criminal Tribunal for Rwanda (ICTR). The interview takes place outside, and there is a lot of background noise. Ngendahayo explains her role in the tribunal and how it started after women's groups complained about the lack of sensitivity towards Rwandan women victims and witnesses. She talks about "gender gaps" in the provision of legal guidance and information to victims, in the participation of victims in the process, and in rehabilitation and support for victims during the hearings. She has also learned about other factors that were preventing women from testifying about sexual violence, such as cultural traditions and household responsibilities. Ngendahayo explains that they have tried to address these gaps at the investigative and administrative levels at the tribunal. She talks about how the ICTR has contributed to the ICC through the lessons learned about gender sensitivity. Ngendahayo reiterates the need for gender sensitivity and accommodating measures through an anecdote about a woman who was living in the house of the person who killed her husband and raped her sister and daughter. The woman asked where she would live if she were to testify against the perpetrator. Ngendahayo also recounts other instances where women witnesses were willing to testify but faced barriers such as needing to work or HIV-related illness. She then talks about the five women from Taba who came to testify in Jean-Paul Akayesu's case. Ngendahayo says that she went to visit the women after they had testified and told them that Akayesu had been sentenced to life; the women were happy. Ngendahayo then talks about the support she has received from the Women's Caucus, and the importance of women's solidarity. Next, there is an interview with Navanetham Pillay, Judge President of the International Criminal Tribunal for Rwanda. She says that after the first two years of the tribunal and twenty-one indictments, there were no counts of rape or sexual violence. This absence suggested to many women that investigators were not taking these crimes as seriously as killings or looting. Then, during Akayesu's trial, the judges realized that the victims were continually testifying to rape and sexual violence. The charges were amended, leading to the first historical conviction of rape as genocide. Pillay states that this conviction never would have happened without the courage of the women of Rwanda to testify. It is a precedent that can now be developed further. Pillay says that as they heard the testimonies, the judges realized that the definitions of rape used in national jurisdictions did not apply in war crimes situations, as women's experiences differed from these archaic definitions. In the Akayesu case, they developed a new definition of rape as the physical invasion of a sexual nature of a person under coercive circumstances. This new definition has already been used in two other cases. Pillay talks about the work of victims and witness protection units, such as relocation. She mentions other considerations like using pseudonyms, giving evidence behind curtains, being transported secretly, and safe houses. Nonetheless, Pillay empathizes with what women are saying about the lack of representation and access to justice for witnesses and survivors at the tribunals. This has been remedied in the ICC Statute. Pillay clarifies that women must testify in front of the accused, and that there is a balance between the protection of the testifier and the rights of the accused. Pillay discusses the importance of a gender balance within the court. Women need to occupy decision-making positions within the tribunal and in investigation. Finally, she talks about the incremental development from the tribunals to the ICC. Next is interview with Florence Mukamugema, who works at the National University of Rwanda and is a MA candidate in Human Rights and Democratization at the University of Pretoria. She discusses the ICTR and the importance of including rape as genocide, as it empowers women survivors by defining and defending their rights. She asserts that rape is one of the most inhuman acts, and that the ICC needs to emphasize its punishability.
Contributor | Contribuidor:
WITNESS (Creator) and Women's Caucus for Gender Justice (Creator)
unedited footage, metraje sin editar, moving image, interviews, and entrevistas
Extent | Alcance:
42 minutes, 32 seconds
Rights - Use & Reproduction | Derechos - uso & reproducción:
http://rightsstatements.org/vocab/InC/1.0/
Language | Idioma:
English
Place of publication | Lugar de publicación:
Brooklyn (N.Y.)
Topic | Tema:
Civil and political rights--Women's rights, Mujeres--Derechos--Derechos políticos y civiles, Armed conflict and persecution--Sexual violence, Conflicto armado y persecución--Violencia sexual, Laws, justice, and judicial proceedings--Laws and legislation, Leyes, justicia y procedimientos judiciales--Leyes y legislación, Armed conflict and persecution--War crimes, and Conflicto armado y persecución--Crímenes de guerra
Place Name | Nombre del lugar:
Africa--Rwanda and África--Ruanda
General Note | Notas generales:
A/D flag: physDigital; Generation: original; Signal format: NTSC; Carrier number 1 of 1.
UTL DAMS PID:
hrdi:a3b9c5a8-04e0-4d7b-ac8a-48cf45282175
Local Identifier| Identificador local :
B01554-0_00_00_09 and witness_ihwe_3214
Related Resource – Host | Recursos relacionados:
Women's Caucus for Gender Justice's Footage for "If Hope Were Enough" Documentary (title) and https://txarchives.org/hrdi/finding_aids/00005.xml (uri)