A Comparative Analysis of the Application of the 1951 Refugee Convention to Victims of Sexual Violence in South Africa, Tanzania and Uganda

Potchefstroom Electronic Law Journal/Potchefstroomse Elektroniese Regsblad

View Publication Info
 
 
Field Value
 
Title A Comparative Analysis of the Application of the 1951 Refugee Convention to Victims of Sexual Violence in South Africa, Tanzania and Uganda
 
Creator Eberechi, Oghenerioborue Esther
 
Subject Access to courts
refugees
sexual violence
 
Description This article seeks to ascertain whether refugees who are victims of sexual violence in contracting states enjoy access to courts per Article 16 of the United Nations (UN) Convention Relating to the Status of Refugees (1951 Refugee Convention). It does so by comparing the situation of urban refugees in South Africa with that of refugees in camps in Tanzania and settlements in Uganda, beginning with a description of what "accessing courts" entails in the respective domestic criminal justice systems and of what mechanisms are in place for addressing sexual offences. It further uses the qualitative analysis of documented prosecuted cases of sexual violence in South African, Tanzanian and Ugandan courts between 2013-2017, 2009-2016 and 2013-2017 respectively to establish if these countries prosecute cases of sexual violence suffered by their citizens and whether claims of such violations affecting refugees also enjoy the same treatment. The enquiry found that of 328 documented prosecuted cases of sexual offences in South Africa, victims who were citizens were a majority in number. In Tanzania there appeared to be few prosecuted cases of sexual violence against refugees, but given that limited documentation is available, it is difficult to assess the actual figures. In Uganda the 187 recorded prosecuted cases of sexual offences in the years of investigation all related to citizens, despite the introduction of a mobile court to refugee settlements. Overall, this paper recommends that the countries under review adopt measures to ensure the prompt prosecution of cases of sexual violence against refugees and thereby enable them to access courts and testify against their assailants.
 
 
Publisher Faculty of Law, North-West University, South Africa
 
Date 2020-07-30
 
Type info:eu-repo/semantics/article
info:eu-repo/semantics/publishedVersion
Peer reviewed article
 
Format application/pdf
text/plain
application/epub+zip
 
Identifier https://journals.assaf.org.za/index.php/per/article/view/6225
10.17159/1727-3781/2020/v23i0a6225
 
Source Potchefstroom Electronic Law Journal; Vol 23 (2020); 1-55
1727-3781
 
Language eng
 
Relation https://journals.assaf.org.za/index.php/per/article/view/6225/10396
https://journals.assaf.org.za/index.php/per/article/view/6225/10397
https://journals.assaf.org.za/index.php/per/article/view/6225/10398
 
Rights Copyright (c) 2020 DR Oghenerioborue Esther Eberechi
http://creativecommons.org/licenses/by/4.0
 

Contact Us

The PKP Index is an initiative of the Public Knowledge Project.

For PKP Publishing Services please use the PKP|PS contact form.

For support with PKP software we encourage users to consult our wiki for documentation and search our support forums.

For any other correspondence feel free to contact us using the PKP contact form.

Find Us

Twitter

Copyright © 2015-2018 Simon Fraser University Library