{UAH} IDDI AMIN NEVER TARGETED LANGIs/ACHOLIs, THEY TARGETED HIM {---Series thirty five}

Friends

 

As we continue with this roller coaster of Acholi violence, here is another study that was done inside Luwero. Read these interviews but get members of your families and use them to create the face of these women. Because as your wife is important to you so were these women to their husbands. As your daughter is important to you, so were these kids to their fathers. Acholi violence robs what makes us, for it is our daughters but wives. And I am not even bothered on men as they simply murder them, for to most men I know if you are to rape their daughters you might as well murder them, so in a way Acholi did good to the men they just decapitated before they went on a screwing frenzy of our 8 year olds.  As Ugandans we need to read these reports but understand what Acholi did in Luwero. It is understanding what why did in Luwero to make us realize that our most immediate danger as Ugandans today, is Acholi violence. This is a part of a study again made by the Bridge water state university, under a heading "Journal of International Women's studies" Volume 8 Issue 4 Article one. We are posting from page 5

 

The Health Consequences for Women War-Torture Survivors

The vast array of health effects that resulted from women's war experiences was

overwhelming. The previous study by Isis-WICCE found „the most vulnerable and

greatest casualties of the war were women and children‟ (Isis-WICCE, 1998). Of the 209

women seen 55% had gynecological problems as a result of rape and sexual violence

experienced during the war. These included fibroids, cancers, vesico vaginal fistulae,

sexually transmitted diseases, infertility, prolapses, menstrual disorders, miscarriages,

and perineal tears. Of 48 women screened for psychological and physical difficulties,

41.7% experienced chronic pelvic pains and 35.4% disclosed they were raped during the

war. However this figure is likely to be much higher and Rosalind Lubanga in an earlier

study in Luwero found out of 92 respondents 88% reported knowing someone who had

been sexually abused and she estimated from focus groups held with women war

survivors that between 50-70% could have been sexually assaulted during the war

(Lubanga, 1998). Of these 48 women 81.3% suffered with musculo-skeletal aches and

pains and 62.5% experienced chronic headaches. This paper highlights the reproductive

and gynaecological effects on women by illustrating these particular sections of two

narratives. It is important to note that their stories are a similar reflection of the

experiences of other women war-torture survivors interviewed in Luwero.

Jackie

Jackie was a 34-year-old woman from Kasana Parish. She grew up in Luwero

with her paternal aunt, as her mother left home when she was young. She received little

education, as she was withdrawn from school by her father. The war started when she

was 17 years old before she had completed primary education. She described what

happened during the war:

When we ran we lost all our property. After they told us that our father had been

killed we continued running to Kiboga and Mummy almost died too. Daddy was

shot dead and Mummy survived and is still alive today. When we returned, we

found two people had been killed from our house and the skulls were still there.

The iron sheets had been removed and taken to their detach.

She went on to say:

When we came back we found soldiers had taken some girls and as they tried to

run they came by our house. As the soldiers chased them they saw me and three

of them raped me twice in succession.

Jackie became pregnant and later lost the baby. She said:

I was greatly affected and I was taken care of using local traditional medicine. I

healed well but they had left me pregnant and I contracted syphilis...I feel a lot of

pain and a sore developed which hurts a lot and I itch around the private parts,

which smell. I produced the baby and named her Samanya Agnes, „I did not know

Agnes‟, but she died at two years from diarrhoea and body swelling.

 

Jackie lost her father, several family members and friends during the war. She

later married and had four children. Her husband beat her, refused to give her money for

food or to educate the children. As Christine Obbo (1989) has also argued in the context

of Uganda, Jackie‟s experiences caused destruction to her identity and loss of her role as

a maintainer of social boundaries. However, she was able to take control of her life,

leave this abusive relationship, obtain economic independence and establish a life for

herself and her children. She had never taken legal action for what she experienced but

she hoped to buy a piece of land of her own in order to settle.

The role of traditional beliefs is very important in Uganda and like Jackie; several

women relied on traditional medicines for their difficulties and used traditional birth

attendants to deliver. Within Baganda culture there is an expectation that women will

continue to produce children but due to devastating effects on their reproductive health

this is problematic. The damage to women‟s identities is immense within this cultural

context (Obbo, 1989).

Harriet

Harriet was 40 years old and from Wakayamba. She had five children, grew up in

Luwero and attended school until Senior 1. However, she became ill, which affected her

schooling. She grew up with her grandma and described a happy childhood. Harriet got

married in 1975 and when the war started she had two children and was pregnant with

another child. Her husband was chosen for her.

Three of Obote‟s soldiers raped Harriet during the war.

I was raped the first time when I was coming from Kampala. I had no identity

card so they took me in to a small house in Bombo and three soldiers had turns

with me.

Harriet went on to describe how badly her experiences had affected her and she

developed abdominal pain. She was later raped again. This time she had just given birth

and had to go looking for food in an area infested with soldiers. Harriet left her baby with

her mother and whilst looking for food two Obote soldiers raped her again. Harriet

described her problems:

Ever since then, my tubes hurt a lot and when I went to the hospital they said my

fallopian tubes had become „shocked‟. It actually took four years to produce

another child after that one. But during the delivery the uterus came out too but it

was put back. However, when I got pregnant again the uterus had to be removed

completely.

Although Harriet had seen several doctors she still felt a lot of pain when she was

having her period. Whenever she had sexual intercourse she suffered extreme internal

pain and had also been infected with syphilis. Harriet explained that ever since the war

she had lost the desire for sex. Hence, similarly to Jackie, her identity as a woman had

been badly affected (see Obbo, 1989).

 

Harriet was the leader of Twekembe women's group and had taken legal action

for her war experiences although this had been unsuccessful. She felt local women had

become more empowered since the war ended and had entered leadership roles in

government. Despite her difficulties Harriet became a local woman political leader within

her community and assisted many other women. In these ways she reconstructed an

alternative identity. She was able to reflect on the influential roles women had taken in

Government since the war had ended.

Several other women interviewed had experienced similar effects and research

analysis concluded that genital mutilation and rape caused considerable damage to

women‟s reproductive organs (see Liebling, 2003; 2004a; 2004b, 2005). Women were

infected with sexually transmitted diseases, including HIV/AIDS and the effects of their

experiences resulted in chronic abdominal pain. The physical, psychological and social

aspects of their experience of pain were closely enmeshed and directly impacted on their

identities. As Gillian Bendelow (2000: 23) argues:

In order to develop a more sophisticated model of pain, which locates individuals

within their social and cultural contexts, a more sociological analysis is needed,

not to replace the role of medicine or psychology, but to enhance our overall

understanding of the complex phenomena of pain.

Priel, Rabinowitz & Pels (1991) put forward the view that people suffering pain

need to find meaning for their symptoms as without it, despair and isolation may develop.

Through the process of narrating their experiences during focus groups, women in the

current study were able to give some meaning to their pain.

The Isis-WICCE intervention projects, as well as funding for the Ph.D. research

and fund-raising by the Older Feminist Network South Wales, enabled time-limited

specialist medical treatment for these women war survivors, as well as the establishment

of an income-generating scheme. In March-April 2005 a small research grant obtained

from Coventry University enabled further focus groups to be held with the same women

and men, as well as follow-up interviews with key informants. The aims of this study

were to evaluate the effectiveness of the income-generating scheme initiated and medical

interventions previously held. These interventions have contributed positively to the

further collective empowerment of women war-torture survivors in Luwero. This in turn

has enabled women to make greater use of local health services. However, the women‟s

need for specialist and sustained reproductive and gynaecological health care remains an

urgent priority (AGOU, 1999; Liebling, 2005). Women war survivors interviewed in

Luwero felt a holistic approach to their reproductive health needs would be of benefit.

They expressed the wish for a specialist reproductive health intervention service

including gynaecologists employed by Luwero District as well as global changes in

health policy to provide gender-sensitive services for all women affected by war. Women

interviewed felt their views should be included at all levels in the future planning and

delivery of services. Women also expressed the view that sharing their painful

experiences through the current research had enabled recognition and an end to the

silencing of their urgent health difficulties and therefore improved access to appropriate

treatment. Women also felt that increased access to income-generating schemes would

further assist their ability to access appropriate healthcare.

 

Redress and human rights

Recourse to legal mechanisms in Uganda to prosecute the perpetrators and to

bring compensatory treatment and resources to these women has been lacking. The Isis-

WICCE Annual Report No 5 of 2005 acknowledges that the dual system of customary

and statutory law in Uganda results in discriminatory practice against women (Isis-

WICCE, 2005). Perpetrators are not brought to justice and women‟s voices are not

heard. In consequence, a team from Isis-WICCE have assisted in a referral of the

desperate situation in Northern Uganda to the International Criminal Court. This move

could create more awareness of the significance of international law for the survivors in

the central area of Uganda. They cannot approach the International Criminal Court as the

violations in Luwero district occurred before 2002, but the potential of international

rights‟ claims is still available.

A Legal Claim: The Right to Health

Could the women of Luwero expect state protection from the rape, mutilation,

assault and torture they were subjected to during the years of 1981-86? And can they

subsequently claim access to medical services to alleviate the long-term effects of their

injuries? The first issue to consider is the nature of Uganda‟s international legal

obligations at the time of the conflict in Luwero. Uganda did not ratify the International

Covenant on Economic and Social and Cultural Rights (ICESCR) until 21 April 1987,

and did not ratify the Convention on the Elimination of Discrimination against Women

(CEDAW) until 21 August 1985, by which time the years of conflict were over.

Similarly, the African Charter on Human and People‟s Rights (the African Charter) did

not come into force until 1986, and Uganda ratified it on 10 May 1986. As human rights

treaties cannot operate retrospectively, no claim can be made as against the government

of Uganda for the years of violence.

Access to health care services after the conflict

After April 1987, Uganda has an obligation to protect its population‟s right to

health care, and should take steps towards "the creation of conditions which would ensure

to all medical services and medical attention in the event of sickness" (Article 12(2)(d)

ICESCR). Can this international legal obligation assist the women of Luwero? The

supervisory mechanism for the ICESCR consists of a requirement to report every 5 years

to the UN Committee on Economic, Social and Cultural Rights. The Committee takes

into account the socio-economic conditions and the state‟s available resources, but will

consider also the interrelated features of availability, accessibility, acceptability and

quality of health service provision (UN Committee on Economic, Social & Cultural

Rights, General Comment 14, 2000).

Given the difficulties of Luwero as a remote, poor rural area, with women war

survivors with specific mental and physical health needs, and a prevalence of HIV/AIDS,

these measures are directly relevant to their requirements for health facilities. In fact, the

Committee‟s General Comment No 14 goes on to indicate appropriate provision (in para

17) as: Equal and timely access to basic preventive, curative, rehabilitative health

services and health education; regular screening programmes; appropriate

treatment of prevalent diseases, illnesses, injuries and disabilities, preferably at

community level; the provision of essential drugs; and appropriate mental health

treatment and care (UN Committee on Economic, Social & Cultural Rights: para

17).

All this in so far as it can be made available (given Uganda‟s restricted resources)

must nevertheless be made equally available on the basis of Article 2.2 and 3 of the

Covenant. Article 2.2 requires that the right to health will be exercised without

discrimination of any kind, and this is an immediate legal obligation (unlike the full

realisation of the right to health which will be achieved progressively).

If proposing that there is a violation of Article 12, it would be on the basis that a

state was unwilling to use the maximum of its available resources for the realisation of

the right to health, not that it was impossible to do so given its resources. A state would

have to justify its position to the Committee that every effort had been made to fulfil its

obligations. However, sadly, Uganda has a number of overdue reports for UN treaty

bodies, and has in fact never produced its periodic reports for the Committee on

Economic, Social and Cultural Rights. Without these reports, any assessment by the

Committee of the progress and compliance of Uganda is inevitably lacking, and any

monitoring role the Committee has is severely curtailed. Furthermore, there is no

individual complaint system for groups of victims complaining of violations under the

International Covenant on Economic, Social and Cultural Rights, so there is no direct

enforcement under Article 12 for these groups.

Violence against women is deeply rooted in the structures of gender inequalities

(see UNIFEM, 2007). It is also well documented that the inequalities in access to health

care also remain a sign of discrimination against women globally (see WHO, 2001) and

that there are also linkages between inequalities and other socioeconomic factors (i.e.

OECD, 2003; UNFPA, 2003).

The Convention on the Elimination of all forms of discrimination against women,

CEDAW

CEDAW adds a commitment to non-discrimination in access to health services

under its Article 12 and provides further emphasis on standard-setting through the

Convention and its application (eg. CEDAW, General Recommendation 24, 1999).

CEDAW is concerned with equality of access to health care, and requires that a state

„prohibits all discrimination against women‟, „establish legal protection of the rights of

women‟, and „take all appropriate measures to eliminate discrimination against women

by any person, organisation or enterprise‟ (Article 2). All this must be done „without

delay‟, so this is not an obligation to be realised progressively by measured steps

according to the resources of the country concerned, but an immediate requirement that

health services are not discriminatory. Furthermore, states parties to CEDAW assume

obligations to determine risks to women‟s health, and attempt to combat these through

their health policies (Cook, 1994). This includes reproductive health services specific to

women, and covers also protection and health services, including trauma treatment and counselling, for women in „especially difficult circumstances‟ such as those in situations

of armed conflict (CEDAW, 1999).

The significance of CEDAW for the women of Luwero is recognition of their

specific health needs. The obligation on Uganda is to take appropriate legislative,

judicial, administrative and budgetary measures "to the maximum extent of their

available resources" to ensure the women‟s right to health care. This includes taking into

account barriers such as high fees, distance from health facilities, and stigma associated

with a need for treatment for HIV/AIDS, rape and other sexual injuries. These specialist

services are not currently available to the women of Luwero. There is an individual

complaints procedure for individuals or groups of individuals, but this is only available

where the country has signed the Optional Protocol to CEDAW. Uganda has not signed

the Optional Protocol, and therefore individual complaints and the independent inquiry

procedure (as a response to complaints) is not open to Ugandan citizens. The sole

remaining enforcement mechanism is the submission of reports to the Committee on the

Elimination of Discrimination against Women. Uganda has submitted twice to the

Committee, and the Third Periodic Report is the most recent (The First and Second

Periodic Reports of Uganda, 1992; Third Periodic Report, 2002). The report states the

aim of:

Equitable distribution of health resources….throughout the country, so as to

provide all sections of the population effective access to the national essential

health care package (CEDAW, 2002: 44).

However, it also acknowledges that:

Women are less able than men to use health services, even when these are

available….women have less access to money than men. Lack of money for

transport is often the reason why women do not seek health services (CEDAW,

2002: 44).

The Committee on the Elimination of Discrimination against Women in its

Concluding Observations on the Third Periodic Report of Uganda expressed concern at

the poverty of rural women, and urged that they have full access to health services

(CEDAW, 2002). It also recommended the establishment of counselling services for

victims of violence, and training for health workers. The Committee noted the lack of

means for women to enforce their rights, and recommended legal aid programmes be

made available to enable women to demand enforcement of their rights. The Committee

was particularly concerned that women who had been victims of violence, including

abduction and sexual slavery, might see measures of redress and rehabilitation. Finally,

the Committee recommended that Uganda ratify the Optional Protocol to CEDAW, to

allow access to the complaints mechanism for CEDAW. These specific

recommendations to the government of Uganda should be addressed in the Fourth

Periodic Report to CEDAW. It is difficult to tell how far the recommendations impact on

the policies of the government of Uganda, and the Fourth Periodic Report is still overdue.

Yet the persuasive and insistent process of the Committee procedures, if maintained, can

be another inducement to Uganda to comply. It is also worth noting that the government of Uganda relies on international donors for aid, and this is pressure from another source

to invest in health services according to international human rights obligations and

standards (Cook, Dickens & Fathalla, 2003). Further, these obligations should be upheld

through the Ugandan court system to allow recognition and redress, including provision

for specialist health and counselling staff, and appropriate legal aid and advocacy

programmes.

 

Stay in the forum for Series thirty six on the way   ------>

EM

On the 49^th Parallel          

                 Thé Mulindwas Communication Group
"With Yoweri Museveni, Ssabassajja and Dr. Kiiza Besigye, Uganda is in anarchy"
                    Kuungana Mulindwa Mawasiliano Kikundi
"Pamoja na Yoweri Museveni, Ssabassajja na Dk. Kiiza Besigye, Uganda ni katika machafuko"