This article is based on a presentation by Ms. Kasumi Nagakawa during a panel discussion at a 2015 HBF conference commemorating the 40th anniversary of the fall of Phnom Penh.
Sexual violence in conflict settings affects both men and women; due to under-reporting we can only estimate the numbers of victims. The available statistics show that women are often affected disproportionately because of the disadvantaged situation of women in society before the conflict started. However, there is a knowledge gap in regard to sexual violence perpetrated against boys and men, and against people from sexual minority groups, so we do not know the real magnitude of GBV in conflict. Sexual entitlement, discrimination, abuse of power and impunity all contribute towards the perpetration of such violence in a conflict setting. Rape is often used as a weapon in war.as part of a military strategy to terrorise, displace and control communities. A culture of shame and stigmatising victims leads to the silencing of survivors, which also negatively affects the cycle of violence. Women may keep silent because they are worried about their family reputation, and men keep silent because of the loss of his male identity and masculinity, or his failure to protect himself. Gender based violence is a continuum of gender-based discrimination, which is a manifestation of societal cultures and institutions that value and prioritize men, which we call patriarchy. The abuse of power and social beliefs and norms that subordinate women and marginalized groups in society are also very important factors that allow for widespread sexual violence to manifest in conflict setting. Conflict related sexual violence includes: rape, forced pregnancy, forced abortion, trafficking, forced prostitution, sexual slavery, and forced sterilisation, sexual torture, oral rape, rape using objects, and the list goes on. Normally survivors keep silent about crimes due to fear, stigma, self-blame, fear of being shunned by their family members and communities, to maintain reputation. So, they do not speak about the sufferings they were forced to endure during the conflict. As well as this, most perpetrators go unpunished, creating a culture of impunity - in many cases, the sexual violence was encouraged as a strategy of war, or seen as an inevitable side effect of war by many. So, the formulation and development of the ICC, as Madame Barbara has introduced in the very beginning of this morning session is now contributing to change the perception of society and understanding about sexual violence in conflict. Let me talk about sexual violence during the Khmer Rouge regime. In 2005, I conducted holistic research into gender- based violence during the KR regime. When I tried to this project in 2005, there was no ECCC. I was determined to do this research project, but no one believed that survivors were still alive. A lot of activists I consulted told me: all survivors and victims of rape and sexual violence were killed; you can never interview anybody, who survived. They said, even if they are alive, they would never break the silence. However I managed to do the research. And many women and men victims of sexual violence during the Khmer Rouge regime broke the silence and, for the first time, spoke about experiences of sexual violence they suffered. The lessons learn were that survivors are willing to speak as you already know now from one of our speakers as long as there are people who listen to and that a safe environment is created for them to speak. And this is very important, it is a key entry point that we have a safe environment for survivors who disclose their sufferings.
In 2014 I conducted another research study on sexual and gender-based violence perpetrated against sexual minority groups, we call it LGBT – lesbian, gay, bisexual and transgender. I interviewed 48 individuals from sexual minority groups and documented many untold stories of violence perpetrated against them. It also included sexual violence against men in the KR regime, which was the first documentation of this kind. I interviewed eight gay men and many were victims of rape – oral sex – by the Khmer Rouge and non-Khmer Rouge It also documented the phenomenon of forced marriage – Theresa has done a wonderful research with TPO on forced marriage. Mine is supplementary to her in-depth research, and I documented the forced marriage of a transgender woman who was forced to marry with a man. There are many kinds of unique types of forced marriages that I documented because of the sexual orientation of my respondents. Now I would like to talk about the importance of addressing the sexual violence in the past. Because looking at the past is not just about the past, we are talking about transitional justice in the current Cambodian society. The failure to address sexual and gender crimes in conflict creates a culture of impunity, a vicious cycle of violence against women and men, which continues to affect safety of men, women and marginalised groups in Cambodian society. This is reflected in the latest statistics about perpetration of violence against women in Cambodia, which shows that at a very high level in Asia- Pacific, Cambodian men are perpetrating sexual and gender-based violence against women. It also found out that gang rape was a particular problem in Cambodia, particularly among the young men. Failure to address sexual violence in post-conflict settings also threatens peace and security and can feed a cycle of violence. Perpetration of gender-based violence in the present time is, in part, a result of the normalization of violence in the community and in the home facilitated by weak legal system and limited security structures, widespread impunity, and weak community norms that do not condemn gender-based violence. Government policy and service response to current cases of sexual violence needs to acknowledge the past crimes. We all need to consider the mental health impacts and trauma and how this has permeated through the generations. Survivors need a wide range of support and must be at the centre of responses to sexual violence in conflict.
Today is a great occasion to discuss the gender-based violence in conflict. We still need to do a lot, to create a safe environment for women and men, and all of those who suffered from gender-based violence during the KR regime, to break the silence in order to stop the culture of impunity, and so they can heal, be empowered and act as agents for positive change. The topic of today’s seminar is justice and reconciliation after the Khmer Rouge regime, what has been achieved. I have seen the development, very rapid development, in the last ten years to create a safe environment so survivors can come to speak about their suffering, so that their stories can be documented, so the younger generation can learn the history, their own histories in this country. I have a very passion to empower survivors in many different ways. My students, very intelligent, educated young people, they always ask: what can we do? I think listening to their voices is the first step. I think we need to create solidarity, a coalition among NGOs and civil society. I hope we can create more debate, discussions, and do more research before survivors die, in order to end the cycle of impunity.
Access to full research report on Gender-based violence against sexual minorities during Khmer Rouge regime written by Kasumi Nakagawa in 2015.