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Gender-based violence is widely defined as the most extreme forms of gender-based discrimination, manifested as an act inflicting physical, sexual or psychological harm or suffering, coercion or arbitrary deprivation of liberty, including threats of such acts.[1] When gender-based violence is perpetrated against both women and men, particularly in times of conflict and war, trauma and the public stigmatization of victims are key impediments to the reporting and prosecution of these crimes.[2] Furthermore, when already weak state institutions suffering from rampant corruption, incompetence, lack of public trust and operational capacity are further paralysed by the outbreak of election-related strife and violence, their capacity to prevent and prosecute such crimes and protect the victims of gender-based violence is almost non-existent.
Gender-based violence, predominantly against women and girls, has been a feature of a great many recent political and ethnic conflicts. In some cases, elections have triggered outbreaks of violence in which women and girls were victimized. In other instances, violence against women has been a tool of political harassment and intimidation against female election candidates. In addition, female voters continue to be disproportionately affected by various forms of election-related violence or threats of violence, which has the effect of keeping them away from the polling stations more than male voters.[3] Perpetrators of gender-based violence can be state and non-state actors including national armed forces, security and police bodies, rebel and militia groups, the family and the community.
Empirical cases:
[1] UN General Assembly, Declaration on the Elimination of Violence against Women, Resolution 48/104, 1993, A/RES/48/104, Article 1; and Carpenter, R. Charli, ‘Recognizing Gender-Based Violence Against Civilian Men and Boys in Conflict Situations’, Security Dialogue, 37/1 (2006), pp. 83–103.
[2] According to the Waki Report published in 2008 (the Commission of Inquiry on Post-Election Violence, Kenya) only 30 women out of the scores of affected victims agreed to testify, while the Commission could not find one single male victim who agreed to testify on cases of gender-based violence perpetrated during Kenya’s post-election violence. Final Report: Kenya Commission of Inquiry into the Post Election Violence (CIPEV) (no date), available at http://www.scribd.com/doc/6845092/Waki-Report-of-the-Findings-of-the-Commission-of-Inquiry-into-the-PostElection-Violence-in-Kenya, accessed 16 June 2013.
[3] Organization for Security and Co-operation in Europe (OSCE), Office for Democratic Institutions and Human Rights (ODIHR), ‘Islamic Republic of Afghanistan: Presidential and Provincial Elections [2008]’, 20 August 2009, available at <http://www.osce.org/odihr/elections/40753>, accessed 12 February 2012.
[4] Creighton, Colin and Yieke, Felicia (eds), Gender Inequalities in Kenya ([Paris]: UNESCO, 2006), pp. 2–4.
[5] Orchardson-Mazrui, Elizabeth, ‘The Impact of Cultural Perceptions on Gender Issues’, in Creighton and Yieke (eds), Gender Inequalities in Kenya, pp. 145–65.
[6] Roberts, Mara J., Conflict Analysis of the 2007 Post-election Violence in Kenya (Charlottesville, Va.: New Dominion Philanthropy Metrics, 2009), available at <http://www.ndpmetrics.com/papers/Kenya_Conflict_2007.pdf>, accessed 30 June 2011; and Institut Français de Recherche en Afrique (IFRA), The General Elections in Kenya 2007.
[7] Final Report: Kenya Commission of Inquiry into the Post Election Violence (CIPEV).
[8] Ibid.
[9] Roberts, Conflict Analysis of the 2007 Post-election Violence in Kenya; and Institut Français de Recherche en Afrique (IFRA), The General Elections in Kenya 2007, pp. 2, 11, 172, 202, 227, 228 and 369.
[10] Alston, ‘Report of the UN Special Rapporteur’, p. 38, accessed 1 September 2011.
[11] Mbeke, Peter Oriare, ‘The Role of the Media in Conflict and Peace Building in Kenya: Draft Literature Review Report’, April 2009, p. 13, available at <http://www.internews.org/pubs/kenya/LiteratureReview_ReportingPeaceKenya_20090415.pdf>, accessed 21 October 2011.
[12] [Kriegler Commission], Report of the Independent Review Commission, pp. 35, 125, 129.
[13] Human Rights Watch, ‘Guinea: “We Have Lived in Darkness”: A Human Rights Agenda for Guinea’s New Government’, New York, 2010, p. 17.
[14] Ibid., pp. 1, 15, 17, 20; and United Nations Development Programme (UNDP), ‘Guinea: Country Profile of Human Development Indicators’, International Human Development Indicators, 2010, available at <http://hdr.undp.org/en/countries/profiles/GIN>, accessed 2 May 2018
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