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some way lesser people than men, and thus not worthy of the protection of the law, but arises
directly from the proprietal attitude described above. As male “property” women are not treated
as actors in their own right. Hence the epithet “Tsvangirai’s Whores14” directed at female
members of the opposition by state agents and ZANU (PF) supporters, implying that they are
merely acting on behalf of a man, motivated by considerations other than their own desire for
change or political activism. Furthermore, sexual violence perpetrated upon women is perceived
not so much as an assault on the woman herself, but an attack on the “property” of the “owning”
male. Combined with traditionalist attitudes towards sexuality and virginity, there is a perception
that sexual violence perpetrated upon women members of the opposition is viewed by the
perpetrator as a particularly effective way of attacking and humiliating male members of the
opposition. The resultant social disruption is extensive.
Rape has now been acknowledged as a war crime, and, in 2001, the International Criminal
Tribunal for the former Yugoslavia (ICTY) instituted prosecutions for the systematic rape that
took place. The International Criminal Tribunal for Rwanda (ICTR) too has been empowered to
prosecute rape as a crime against humanity and a violation of the Geneva Convention. The
Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment
defines torture as ‘any act by which severe pain or suffering, whether physical or mental, is
intentionally inflicted on a person for such purposes as obtaining from him or a third person
information or a confession, punishing him for an act he or a third person has committed or is
suspected of having committed, or intimidating or coercing him or a third person, or for any
reason based on discrimination of any kind, when such pain or suffering is inflicted by or at the
instigation of or with the consent or acquiescence of a public official or other person acting in an
official capacity.’ Therefore ‘Sexual assault can constitute torture and can be prosecuted as a
transgression of international law.’15 Broadly, four kinds of rape can be identified in conflict:16
Opportunistic rape takes place when combatants run amok, assured of
impunity in a lawless context. There have been reports of youth militia and
soldiers raping women, knowing full well that they can get away with it. Taking
advantage of South Africa Women's Day, commemorated on August 8, 2003, the
South African-based Zimbabwe Advocacy Campaign in collaboration with Crisis in
Zimbabwe Coalition brought five women from Zimbabwe to tell their stories. In a
moving testimony that left many in tears, Patience Makoni (not her real name)
described how she was attacked. "Ten men came to fetch me. They accused me
of receiving support from (MDC leader) Morgan Tsvangirai. They walked me to a
bush nearby, started assaulting me with their guns and fists. One of them tore
14
15
16
Morgan Tsvangirai is leader of one faction of the opposition Movement for Democratic Change.
Richard Goldstone, former prosecutor ICTR.
‘Focus on Rape as a Political Weapon’ 8 April 2003 IRINnews.org
“A Woman’s Place is in the Home ?” – Gender Based Violence and Opposition Politics in Zimbabwe.