Gender Identity and Sexual Orientation

In countries affected by conflict or enduring other types of mass atrocities, women and LGBTQIA+[1] people are often targeted and victimized for their sex and sexuality, suffering severe human rights violations. For a range of reasons including cultural stigmatization and social invisibility, these groups are less likely to be adequately represented in truth-telling or justice mechanisms, to receive justice for the violations they suffered and to have the truth of what happened to them acknowledged by their communities. These trends persist despite UN member states’ commitments to the Agenda for Sustainable Development Goal 5 on achieving gender equality and the empowerment of women and girls by 2030.[i] The COVID-19 pandemic, ongoing conflict and patriarchal ideologies[2] continue to curtail women’s rights and LGBTQIA+ rights globally, threatening hard-won victories in gender equality.[ii]

Recent Developments


Comparative data collected to measure progress on the Sustainable Development Goals demonstrate a downward trajectory for women and girls between 2020–2022.[i] COVID-19 pushed 47 million women and girls into extreme poverty, with an estimated 383 million women and girls living in extreme poverty in 2022.[ii] Gender-based violence and domestic abuse increased due to lockdowns, the closure of shelters and support services and efforts diverted to emergency pandemic responses.[iii] Worldwide, an estimated 129 million girls were out of school.[iv]

LGBTQIA+ people also experienced a global erosion of their status during this period. Anti-LGBTQIA+ violence increased in many places, including the United States, where LGBTQIA+ people, particularly transgender people, also saw their legal protections eroded. In other countries, such as South Africa, LGBTQIA+ people were excluded from emergency economic measures established during COVID-19.[v] LGBTQIA+ people in Tunisia continue to face forcible marriage and physical threats if they express themselves in public.[vi] LGBTQIA+ people in Uganda continue to face criminal prosecution and punishment, potentially including the death penalty.[vii]

Beyond problems exacerbated by the pandemic, the predicament of gender equality continues to face many challenges. Women’s participation and representation continued to fall short in legislatures, truth commissions and other key decision-making positions around transitional justice. As of January 1, 2023, only 26.5 percent of all members of parliaments globally were women, reflecting a slight, 1-percent increase from the previous year.[viii] Women in The Gambia, Guinea and Venezuela , among other countries, were denied adequate representation in formal peace and transitional justice processes.[ix] Despite leading and managing much of the humanitarian response and volunteer work to support those impacted by war, women routinely report that they are not equally represented in decision-making by either local governing entities or humanitarian organizations acting locally.[x] In Afghanistan, the Taliban administration has adopted a number of policies eroding women’s rights and freedoms since its August 2021 takeover, including replacing the Ministry of Women’s Affairs with the Ministry for the Propagation of Virtue and the Prevention of Vice, requiring all women to cover their faces in public, restricting women’s movement, banning them from education after sixth grade, shutting down work opportunities and dissolving protection and reporting mechanisms for gender-based violence.[xi]

Fueled by increased militarization,[1] conflict-related sexual violence against women and girls remains widespread, with survivors’ access to essential services restricted by long-standing barriers such as stigma, fear of retaliation, weak rule of law and economic and political instability exacerbated by the pandemic.[xii] In Ukraine, state authorities, the UN and CSOs have identified numerous cases of conflict-related sexual violence, mostly against women and girls, although they warn that the data does not represent actual figures due to underreporting.[xiii] Accountability continues to be a pending issue in most countries with a long history of conflict-related sexual violence, such as South Sudan, where perpetrators in high offices remain unpunished.[xiv] Victims of SGBV also generally suffer from a lack of survivor-centered holistic approaches that consider their personal religion, ethnicity, migratory status, etc. and pay attention to intersecting inequalities.[xv]

Men and boys as well as LGBTQIA+ people are also targeted with sexual violence in conflict, though social stigma against disclosing these crimes results in a lack of data that perpetuates their invisibility. Sexual violence against men, boys and LGBTQIA+ people weaponizes stereotypes about masculinity and is often used as a form of torture or to establish dominance in detention environments.[xvi] Men, boys and LGBTQIA+ survivors are often unable to access the limited survivor support services available because of this stigma, or because those services exclusively serve women and girls. For instance, men and boys who experienced sexual torture in Sri Lanka during the war have yet to receive the same level of support as female survivors, even though two-thirds of men and boys surveyed by the Freedom From Torture organization in 2015 reported that they had experienced some form of sexual violence while in detention.[xvii] LGBTQIA+ people also experience other forms of gender-targeted violence, such as Ukrainian trans people who were denied permission to enter other countries because they lacked papers reflecting their self-identified true gender identity.[xviii]

Meanwhile, anti-gender narratives targeting sexual and reproductive rights, access to protection and justice for gender-based violence and gender and sexuality education have continued unabated globally.[xix] In Turkey, where men killed at least 300 women in 2020, a March 2021 presidential decree withdrew the country from the Istanbul Convention to combat violence against women and domestic violence on the grounds that it “destroys families” and “normalizes homosexuality.”[xx] Despite large-scale protests and various legal challenges brought by women’s and LGBTQIA+ rights groups, the Council of State upheld the withdrawal in 2022, setting a dangerous precedent worldwide.[xxi] In 2022 in the United States, despite widespread protests, the Supreme Court struck down Roe v. Wade, an almost 50-year-old legal precedent that had protected the right to abortion.[xxii]

Despite these challenges, women and LGBTQIA+ people continue to make essential contributions to truth and justice. They are often on the front lines, resisting authoritarian and military governments, discriminatory laws and practices and violence all over the world. In Hungary, civil society successfully mobilized to cast invalid votes in a 2022 referendum[2] seeking to ban LGBTQIA+ representation in education and media, preventing the referendum from reaching the threshold of a binding vote.[xxiii] Women were the driving force behind the mass anti-government protests in Sudan in 2019 and in Iran in 2022, where they resorted to civil disobedience at great risk to their safety, such as unveiling in front of police officers to protest forced hijab rules.[xxiv] Despite reports of torture, killings, arbitrary arrests, threats and intimidation, many Afghan women continue their resistance by protesting and documenting Taliban abuses.[xxv]

In addition to active resistance, women and LGBTQIA+ people uphold truth in other ways. They create art and memorialize victims. Women in particular play a central role in remembering and seeking justice for the disappeared. Different chapters throughout this report show how community-level initiatives led by women and LGBTQIA+ people promote a more inclusive approach to documenting the truth of the past, advocate for changes to better uphold the rights of all people in the future and demonstrate how resistance and solidarity grow stronger through the struggle for equality.

Memory


Women- and LGBTQIA+-led memorialization initiatives bring together survivors and communities to respond to trauma, promote healing and document violations for use in truth and accountability mechanisms. These happen both at the community level and on the world stage. Since 2019, GIJTR’s Bangladesh-Rohingya Documentation Program trained Rohingya women in Cox’s Bazar refugee camps to lead community efforts to document SGBV and other human rights violations committed in Rakhine State.[i] In a virtual panel for International Women’s Day in 2022, women who’d survived incarceration camps in China targeting Uyghurs and other Turkic people shared their experiences and conveyed urgent demands to the international community.[ii]

In Egypt, 22 CSOs held a memorial for Sara Hegazi, a lesbian activist who was detained and tortured by Egyptian security forces for waving a rainbow flag at a 2017 concert in Cairo. She sought asylum in Canada, but died by suicide in 2020 as a result of her detention and torture. The memorial drew attention to the medical and psychosocial needs of queer women from immigrant and refugee groups during the second annual Pride Day for Lesbian and Queer Women from the Middle East and North Africa, held across that region with the support of local organizations.[iii]

Women and LGBTQIA+ people use a variety of artistic methods to share the truth of how conflict has affected their lives. More than 80 refugee Rohingya women created the Quilts of Memory and Hope and other textile-based memorials in 2019 as part of a project conducted by Asia Justice and Rights and the Liberation War Museum of Bangladesh.[1] Women embroidered cloth panels expressing their hopes and memories, which were then sewn together into three large quilts, presenting a collective voice arising from individual stories.[iv] “Women at War,” an acclaimed exhibit that opened in 2022 at the Fridman Gallery in New York, featured the work of 12 women artists who’d fled the war in Ukraine.[v] The exhibit provided a platform for women to narrate their own accounts of conflict and contribute to new awareness on the gendered aspects of war and the relationship between national identity and social norms for women.

Justice


Achieving justice through a gendered lens means addressing an intersectional, complex network of violations, some of which come from discrete events and some of which are part of historic and systemic cultural or political themes of inequality. For instance, the #MeToo movement has inspired women around the world since 2017 to mobilize for accountability and justice.[i] Women in The Gambia launched their own #MeToo movement in 2020 to speak out against sexual violence under former president Yahya Jammeh’s regime.[ii] Some of them publicly testified against Jammeh and his senior officials before the Gambian TRRC, which prompted the commission to include a volume dedicated to SGBV in its final report in 2021.[iii] In 2022, the Gambian government announced that it would follow the TRRC recommendations, including prosecution of perpetrators of SGBV and the provision of reparations and other support to survivors.[iv]

Women and LGBTQIA+ advocates around the world have worked tirelessly against impunity and for survivors of conflict-related sexual violence. In Colombia, the Commission for the Clarification of Truth, Coexistence and Non-Repetition published its final report, which includes a chapter dedicated to the experiences of women and LGBTQIA+ people during the armed conflict.[v] The Gender Working Group of the commission responsible for the chapter received 63 reports from women’s and LGBTQIA+ organizations and conducted 400 interviews.[vi]

Women also sought accountability against perpetrators in courts around the world. The Non-Governmental Organization (NGO) Solidarité Feminine Pour La Paix et Le Développement Intégral in the Democratic Republic of the Congo, which was founded by 24 women in Bunia, Ituri, helped file 377 court cases against alleged perpetrators of sexual violence in 2022, out of the 1,500+ total cases filed.[vii] In August 2021, Rohingya women living in Bangladesh testified remotely against Myanmar and its leaders as part of a trial held in Argentina. During their testimony, the women described the violations they suffered, including sexual violence perpetrated against them by government soldiers.[viii] Testimony by Yazidi women from Iraq in universal jurisdiction cases in Germany helped secure the first genocide conviction against the Islamic State (ISIS) in 2021 and a second in 2022.[ix]

Education


Grassroots initiatives have long been pivotal for women’s and girls’ access to truth through education. They were particularly important in 2020–2022 in amplifying the voices of marginalized communities through formal and informal education, providing spaces for learning and reflecting on historical and contemporary injustices.

In Afghanistan, women and girls defied the Taliban’s suspension of girls’ education at the sixth grade by opening secret schools, launching online learning platforms or fleeing to neighboring countries to continue their education.[i] Students’ and teachers’ interviews about these secret schools, granted under great risk, highlighted resistance amid widespread media coverage portraying women and girls in Afghanistan largely as helpless victims. In Rwanda, a women’s rights organization, Empower Rwanda, organized sexual and reproductive health trainings for young mothers from poor families, providing spaces for sharing, solidarity about the challenges that Rwandan women and girls face and opportunities for collective healing.[ii] In theUnited States, where more than two dozen states have adopted legislation preventing schools from offering information about gender and sexuality, LGBTQIA+ people and the history of systemic racism, librarians have supported students in raising their voices to counter censorship related to gender and sexual identity.[iii]

Recommendations

  • Governments and conflict parties should ensure that women have equal representation and participation in truth-telling efforts, peace processes, transitional justice mechanisms and government and decision-making institutions at all levels.

  • Governments in conflict-affected countries should recognize the unique burden women carry in memorializing and seeking justice for missing and disappeared persons, including by partnering with women-led CSOs to facilitate engagement with survivors and victims’ family members.

  • Governments should seek out and remove barriers that prevent LGBTQIA+ people from accessing services, immigration pathways and supports available to other refugees and victims of human rights violations.

  • CSOs should incorporate the perspectives of women and LGBTQIA+ people in all educational materials and initiatives about the impact of violence, with the aim of educating young people and others about the particular risks these groups face as well as their resilience and positive contributions to peace and justice.

Notes

Download the notes for this chapter here.