UN readies for another resolution while Australia stands in the way of ending impunity for wartime rape

The UN Security Council is in the process of developing a new resolution on Women, Peace and Security. The resolution has been anticipated for several months and is due to be passed as part of the Council’s annual open debate on conflict related sexual violence which is due to be held in New York on Tuesday. An Arria formula meeting was held earlier in the year to prepare council members for the debate, with a particular focus on ending impunity for conflict related sexual violence. Conflict related sexual violence is the focus of four of the existing eight resolutions on women, peace and security. But even the Council has bemoaned the lack of prosecutions for these crimes.

Nobel Laureate Nadia Murad will address the Council during the Open Debate. She has spoken out time and again for justice for survivors from her community who experienced sexual violence as war crimes, crimes against humanity and genocide at the hands of Da’esh in Syria and Iraq. For all the times the international community has shone a spotlight on her tears, we have still failed to do what she asks.

Germany, the current President of the Security Council and chair of this week’s debate is the only country to put a member of Da’esh on trial for any of these gendered crimes. But tens of thousands of foreign fighters travelled from countries around the world and committed these crimes. Many of those foreign fighters come from countries that are States Parties to the Rome Statute of the International Criminal Court and are therefore obliged to investigate and prosecute these crimes in their own court systems.

Both houses of Australia’s Federal Parliament passed multi-party motions calling for the investigation and prosecution of Australians who may have perpetrated sexual violence as war crimes, crimes against humanity and genocide. Several federal ministers have reinforced this obligation. These ministers have included Julie Bishop as Foreign Minister, Peter Dutton as Minister for Home Affairs and Linda Reynolds as Assistant Minister for Home Affairs.

Despite this, the government has failed to implement the strategies required to make such investigations and prosecutions are reality and they have invested energy into policies and legislation which prevent such action. Chapter eight of the Commonwealth Criminal Code clearly articulates the crimes that are laid out in the Rome Statute and ensures that Australian authorities have jurisdiction over such offences even when they are perpetrated overseas, against victims from another country. But this legislation has never been tested in court. The Australian Federal Police require the funding and other resources to stand up unit dedicated to such investigations. No such funding was made available in the latest federal budget.

In order for these prosecutions to occur, the perpetrator must be in federal custody. But the government has pursued a range of legislative and policy processes removing this probability. Given the parliament passed legislation allowing the government to revoke the citizenship of anyone who travelled to Iraq or Syria to join Da’esh, the government was obliged to include an administrative step determining if such individuals perpetrated war crimes, crimes against humanity or genocide before making a determination about citizenship revocation. The citizenship review board that advices the Minister for Home Affairs on such matters has apparently continued to fail to account for such obligations. Now, over a dozen individuals, some of whom are known to have perpetrated heinous crimes against women have had their citizenship revoked, further reducing the likelihood that their victims will see the justice they so rightly deserve.

There is a group of Yazidi women who are fighting for access to support services under Australia’s victims of human trafficking schemes. These women were purchased by an Australian man, for the purpose of sexual slavery, and repeatedly sexually and violently abused. Under Australia’s own criminal laws, those women count as victims of human trafficking, modern slavery, war crimes, crimes against humanity and genocide. But rather than allow them justice, the government revoked the citizenship of their abuser. If they so choose, they could bring a case against the Commonwealth for failure to uphold their obligations under the Rome Statute. Their country of residence, or any other country of interest could take Australia to the International Court of Justice for failing to fulfil our obligations under the Convention on the Prevention and Punishment of the Crime of Genocide.

Early in the new year, the government tried to go even further, seeking legislative changes that would allow them to revoke the citizenship of even more people, and enforcing Temporary Exclusion Orders to delay Australians of counter-terrorism interest from re-entering Australia. This is yet another policy that would prevent the arrest or detention of individuals responsible for conflict related sexual violence.

At the Arria formula meeting earlier in the year, civil society presenter Akila Radhakrishnan from the Global Justice Centre said achieving accountability for conflict related sexual violence “requires more than just eloquent rhetoric; it will require Council members to take concrete action and display considerable political will. Sexual and gender-based violence is, at its core, an expression of discrimination, patriarchy and inequality.” Countries like Australia must stop getting in the way of justice and follow up the global rhetoric with the actual action required to end impunity for conflict related sexual violence. We must investigate and prosecute these crimes now!

#thisgirlcan

A friend of mine recently posted this youtube clip.

I jiggle therefore I am.

Feeling like a fox,

I kick balls,

Deal with it.

Damn right I look hot.

 

I was stoked. He does such great work (for his take on ethical fashion check out ishivest). He’s a great guy, working on community engagement and participatory democracy in Chicago. He’s also pretty good looking. It made me happy that someone of such calibre was posting a clip about women’s body image. It’s not just any clip mind you; it’s great.

This Girl Can is a women’s health campaign from the UK and I can’t think of a healthier message. It taps into one of the issues described in Emma Watson’s He for She speech at the UN: women and girls opting out of sport because they don’t want to look muscly, are embarrassed about sweat, or the other things that go with being active. But it’s not just that. It’s not about being thin, being good, or winning. It’s about moving and relishing what that does to your body.

I’ve never really felt the fear of sweat or muscle that I hear those women talk about. I’ve never been thin, but I’ve always liked working up a sweat. I jiggle. I sweat. When I’m rocking on the dance floor I feel like a fox. I love to kick a soccer ball; I do it with attitude, even if I’m not very good at it. I enjoy it. Damn right I look hot, I am hot; that’s kind of the point isn’t it, to get the heart pumping?

I’ve never been sporty, but I’ve been a relatively active person most of my life. I loved swimming from an early age: it was my thing, the sport I did as a kid. I didn’t learn to ride a bike till late in primary school, but when I bought my own, I loved to ride it to school. I was a Girl Guide and loved to hike. I loved orienteering. I joined the Army, and served for many years. I used to love running. I tried combatting my fear of heights by taking up rock climbing in the Grampians. I travelled to Africa and climbed a live volcanothat was hard work.

I climbed an active volcano and camped the night on the rim of the crater.

I climbed an active volcano and camped the night on the rim of the crater.

But what I really love about the This Girl Can video is the diversity of subjects. There are women of colour, women with disabilities, skinny women, bigger women, young women, old women. The campaign isn’t about a goal, or a competition, it’s just about moving what you have as best you can. For me, that’s a very empowering message.

A couple of years ago, I had a minor surgery and got a major infection which left me with a chronic, disabling illness. Now, I get auditory overload. I get cognitive fatigue, and physical fatigue. When I fatigue, I have trouble walking, talking and even thinking.

I can’t be around loud noises. So there’s no more dancing in clubs for me. Oh how I miss dancing. I can’t be in a place where lots of people are talking at once, so even backyard parties are a problem. Soccer is out of the question. If I go swimming, I need to be careful that I have enough energy left to climb the three flights of stairs to my apartment. I live alone so I need to leave myself enough energy to be safe and self sufficient. Yes, sex is a problem.

It’s been hard not to resent my body; not to be angry at being trapped in such an unhelpful place. It’s scary. It’s disempowering. It’s upsetting. It’s frustrating.

Sometimes people say, ‘you should keep positive.’ But as our beloved Stella Young used to say “no amount of smiling at a flight of stairs has ever made it turn into a ramp.”

 

Part of maintaining my quality of life and good mental health is re-imagining a positive future for myself, within the confines of my current condition. It’s not healthy to go on falsely expecting everything to go back to the way it was before, if it won’t. No amount of smiling at the Hip Hop club will make me able to go in and dance the night away; or even have one dance without collapsing in the corner, a spastic bundle unable to control my limbs. So I am on a journey; learning to love my body for what this girl, and this body, can do.

There are a whole range of bonus This Girl Can clips. There’s one about a busy mum, one about losing inhibitions. But I really like the one called Grace Vs Pace. Grace rides a bike. She doesn’t wear lycra and she doesn’t go fast, but she goes and I think that’s great.

 

These days, I’m managing my health well enough that I can ride my bike from home to my office at uni. I ride my bike, and I do yoga.  I can’t afford lessons or anything; I have an app on my phone. I just have a little town bike, with three gears. I dawdle my way down the bike path, letting the men in lycra zoom past me. I love it. I love the physical act of cycling, I love the quiet bike path, I love that I’m doing something active, and I love that I don’t need to take the bus. When I get to uni, I open my window onto the oak filled courtyard and do a simple yoga routine. It calms me, it gives me the time to be mindful of my body, and to work it gently, kindly, beneficially.

There is no inspiration porn here, but someone trying to figure out what #thisgirlcan and I love that I’m able to do something good for, and with, my body.