Practice Relating to Rule 93. Rape and Other Forms of Sexual Violence
The Philippines’ Republic Act No. 8353 (1997), the “Anti-Rape Law of 1997”, provides:
Article 266-B. Penalties
The death penalty shall also be imposed if the crime of rape is committed with any of the following aggravating/qualifying circumstances:
2) When the victim is under the custody of the police or military authorities or any law enforcement or penal institution;
7) When committed by any member of the Armed Forces of the Philippines or para-military units thereof or the Philippine National Police or any law enforcement agency or penal institution, when the offender took advantage of his position to facilitate the commission of the crime.
Republic Act No. 9346 (2006), which prohibited the imposition of the death penalty in the Philippines, provides for the imposition of life sentences for offences until that point punishable by death.
In 1995, the Commission on Human Rights of the Philippines proposed that rape and sexual violence in situations of conflict be recognized as war crimes.
We welcome the Secretary-General’s recent report on sexual violence (S/2013/149), as well as the efforts undertaken by the Special Representative, notably during her visits to the Central African Republic, the Democratic Republic of the Congo and Somalia, to engage leaders and other stakeholders on that most important subject.
The commitment of the United Kingdom to raise awareness on war-zone rape and on the need to bring perpetrators to justice is commendable. In London in May 2012, you, Secretary Hague, launched a campaign in London to prevent rape and sexual violence in conflict zones. Last March, you visited our region: first Rwanda, where you paid tribute to the victims of the genocide perpetrated against Tutsis, and discussed lasting peace in the region. Then you visited the eastern part of the Democratic Republic of the Congo, where sexual and gender-based violence, tragically, remain prevalent, and reached out in order to hear from the victims of such violence. Last April, with your leadership, the Foreign Ministers for Foreign Affairs of the Group of Eight adopted a declaration on the prevention of sexual violence in conflict, which urged every State to bring the perpetrators to justice. Rwanda commends your leadership on the issue, Sir, and stands firmly beside you as we pursue a meaningful international response.
In the Great Lakes region … we unfortunately still have armed conflicts and roaming predators against the civilian population. The negative forces and other military groups, such as the Rwanda Defence Force, a genocidal force that consists of perpetrators of the 1994 genocide of Tutsi in Rwanda, continues to spread its genocidal ideological poison, not just in our neighbourhood but also through a worldwide network. Other groups, such as the Lord’s Resistance Army and uncontrolled Séléka Coalition elements, continue to traumatize the population in the Democratic Republic of the Congo and the Central African Republic.
Those forces use civilians as human shields, abduct and maim, forcefully recruit children and continue to carry out sexual and gender-based violence against women and girls. Such genocidal ideologies and inhuman acts should not be accommodated anywhere in the world.