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Violation of Human Rights against Women in Bosnia-Herçegovina

by Laila Al-Marayati, M.D.
April 19, 1995

The war in Bosnia began three years ago in the former Yugoslavia when the republics of Bosnia-Hercegovina and Croatia declared independence as sovereign states. This declaration was met with resistance by Serbs in those areas and in Serbia itself whose leadership in Belgrade began an offensive to maintain control and hegemony over the peoples of the region. The once culturally and ethnically diverse Bosnia became the sight of a fierce aggression on the part of the Serbs both within and outside Bosnia to "ethnically cleanse" the region of all groups except Serbs. This includes Bosnian Muslims who were in the majority in the region and many Croatians who were mainly Christian and also those Serbs who resisted the attempt to destroy Bosnia. During the aggression, reports have emerged of 200,000 Bosnians killed, over 2 million displaced and around 20,000 women raped as part of what many refer to as attempted genocide of the Bosnian people. Currently, Serbian forces occupy over 70% of the territory of Bosnia-Hercegovina and peace negotiations among all parties have not progressed.

Human rights violations have been committed mainly by the Serbian military and paramilitary forces. Documented crimes include torture, mass killings, rape, forced evacuation of people from their homes, calculated attacks on civilian populations with a large number of casualties including children, destruction of numerous buildings including houses of worship and hospitals, and so on. Particular interest arose in the global community when images of prisoners in concentration camps (namely Omarska) emerged reminiscent of similar camps which existed during the Holocaust. When reports of rape being committed as a specific act of war, as opposed to a consequence of the conflict, were documented in the press, many people expressed outrage and shock.

Based on testimony from hundreds of survivors of these atrocities, it was clear that the Serbian forces committed rape, sometimes under orders from those in command, to terrorize the community and thus force them to flee. Some of the scenarios included gang rape, rape followed by murder, continuous rape of women over several weeks to satisfy needs of soldiers on an ongoing basis, videotaping of rape followed by the sale of the tapes as pornography, rape of young girls and very old women almost always resulting in death, and rape intended to result in pregnancy forcing the women to bear children of the enemy.

These atrocities have contributed to the overall devastation of a people; the survivors are faced with the residual effects of multiple trauma and loss, ranging from expulsion from their homes, loss of family members, relocation to foreign environments, and physical injuries sustained during military attacks, in concentration camps and during migration. For many who have survived, the chances for recovery, both physical and psychological, are uncertain while the likelihood of suffering from long-term sequelae such as post-traumatic stress disorder (PTSD) is practically guaranteed.

In 1993, the United Nations established a War Crimes Tribunal to investigate allegations of human rights violations and war crimes committed during the war. Several hundred individuals gave testimony that was verified through painstaking methods, resulting in a 65,000 page document which addresses many crimes in addition to those mentioned above. Based on this testimony, the Tribunal has begun to name several individuals as responsible for many of the crimes; they have indicted 21 individuals, one of whom is in detention in Germany. Recent reports indicate that, under the leadership of the chief prosecutor Richard Goldstone (a former judge from South Africa), the Tribunal will name General Radko Mladic (in charge of Bosnian Serb military forces) and Radovan Karadzic (leader of Bosnian Serb self-declared government) as perpetrators and officials who ordered that these violations occur.

As mentioned above, the Serbs control over 70% of Bosnian territory and continue their efforts to force the Bosnian Muslims and Croatians to flee. Such activity is taking place in the Banja Luka area. As refugees come into other areas such as Croatia they give reports of their experiences to authorities of the Bosnian government. Isolated reports reveal that the concentration camps where torture and death have been the norm, still exist. Because the Serbian forces do not allow independent organizations to investigate, none of these reports can be verified. Also, it appears that the period of time when rape was occurring in large numbers was during the height of the aggression, particularly during the summer and fall of 1992.

A tremendous outpouring of relief efforts have been directed to the needs of the Bosnian refugees and those living under siege. The UN High Commission for Refugees (UNHCR) has been involved from the outset; they along with numerous non-governmental organizations (NGO's) from all over the world have attempted to sustain those in need with basic supplies in the form of food, clothing and other essential supplies. Others have focused on medical care and supplies or providing tools necessary for industry and development. Also, several groups, including some from the United States have initiated programs of psychological assistance in the form of training healthcare professionals in dealing with rape survivors, PTSD and other residual effects of the war. During the past three years, however, most organizations, including the UNHCR have encountered difficulty in sustaining their efforts due to lack of funds, lack of interest from the donor community, and obstruction of efforts in Bosnia mainly by Serb forces. Currently, most of the major programs exist in the larger cities in Bosnia such as Sarajevo, Mostar and Zenica, and in the refugee camps in Croatia, particularly those in and around Zagreb and Split. A large number of people do not receive consistent health services, education or other assistance. Thus the tremendous needs of so many traumatized individuals will not be met by the current efforts which are limited by a variety of factors.

In addition to the outside NGO's many grassroots organizations have been formed by Bosnian and Croatian women to address the needs of the community on different levels. Some of these groups include Zena BiH, Kareta, Biser, Tresnejvka, etc. Their efforts range from coordinating support groups for war survivors, coordinating a telephone crisis hotline, raising money for necessary medical procedures, promoting artwork of refugees and displaced women, selling products made by refugees such as clothing, occupational therapy for refugees, and so on.

Another ongoing process is the War Crimes Tribunal as mentioned above. It is the first of its kind since Nuremberg. But the true strength and effectiveness of the Tribunal remains to be seen. Even though many individuals have been indicted, they cannot be arrested unless they leave their country; current Serb leaders are not about to extradite themselves or their soldiers to assist in the Tribunal's efforts. In addition, there is concern that the Serbian leaders will request immunity in exchange for concessions they may make during peace negotiations. While rape committed during war is already recognized as a war crime, it is possible that it will not be considered as such during the proceedings and prosecutions of the Tribunal; however, these reports have not been fully substantiated. For many of the rape survivors, giving testimony of their experience was part of their healing process; they truly hoped that reliving the experience and telling their stories to strangers would be worth the pain because the perpetrators might ultimately be brought to justice. If the Tribunal cannot achieve its goals and punish those found guilty, the efforts of so many women will have been in vain.

While other Tribunals took place after a war was over and the criminals had been defeated, this one has collected evidence to be used against those who are still in power and continue to wage war in Bosnia. The Serb forces in Bosnia have not given up their hopes of eventually controlling the entire region and destroying, subjugating, or evacuating the remaining Muslims and Croats. When we travelled to Croatia (as a delegation of the Women's Coalition against Ethnic Cleansing) in March 1993 and again in February of 1994, the women we met reiterated their position that, although they were in need of relief and assistance, what they really wanted was to go back to their homes in Bosnia. To them, the crimes against women were part of the overall crime of genocide commited against the Bosnians by the Serbs. They mourned the destruction of the multicultural diversity of Bosnia-Hercegovina as modeled in Sarajevo. They also felt strongly that the Bosnian people had suffered so much because they were neither defended nor given the right to defend themselves, their families and their homes. Currently, the government of the Republic of Bosnia-Hercegovina still requests lifting of the arms embargo which they felt has unilaterally affected them at such a tremendous disadvantage.

This sentiment was echoed by all of the Bosnians we met.

The issue of the arms embargo calls into question the role of the international community and its responsibility and possible culpability in the crisis in Bosnia. The governments of surrounding countries have a variety of interests at stake and any support, other than in the form of lipservice, for the Bosnians has not been forthcoming. While the international relief effort has been commendable, it loses its luster when one considers that if more aggressive action had been taken at the outset, most of the relief would have been unnecessary. This conflict also has created concerns regarding the role of the UN itself and its purpose as a so-called peacekeeping body in a conflict where the aggressor is clearly identified; in addition, involvement of some UN forces in criminal acts such as the rape of Bosnian women prisoners supplied by the Serb forces has been documented.

Finally, after three years, one wonders what the future holds. Based on the fact that most analysts did not predict the current state of affairs, it seems impossible to know the final outcome. But, unless the balance of power is shifted, the Serbs will maintain control and will not give up a significant amount of their territorial gains. Most likely, since they know no serious repercussions will take place, they will continue their efforts to dominate the entire region. While some Bosnians will try to return to their homes in Bosnia, most will remain as refugees and displaced people. Based on history and comparison to a similar situation, perhaps we can predict some future effects. After 25 years of living in refugee camps, where entire generations have been born and died, the Palestinians began an uprising known as the Intifada which has, on occasion, taken violent forms of expression including terrorist activities. Born out of frustration, despair and anger, the young people committing these acts have nothing to lose. Young Bosnians who are now doomed to substandard living in refugee camps throughout the region and who watched their families and communities suffer and die will similarly feel a desire for revenge. So, the cycle of violence will continue as happens when people are unable to achieve justice through other means.

But, as hopeless as the situation often seems, we should not underestimate the resilience, resolve and determination of the Bosnian people. By maintaining pluralism and engaging persistently with the world to achieve justice and reconciliation, they are an inspiration and example to be followed. And while the Serbian authorities and the Milosevic regime may never be convicted and punished for the crimes they have committed, they have left their future generations with a dreadful burden of guilt and shame that will be crippling for their society.

Laila Al-Marayati, M.D., is President of the Muslim Women's League.

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