Gender-Based Violence Prevalence, Extent, Nature, Legal Implication of War on Tigray, and its Enduring Consequences

By: Mekelle University, Institute of Environment Gender and Development Studies, College of Health Science and Ayder Comprehensive Specialized Hospital, Legal Aid Centre, and Global Society of Tigrayan Scholars and Professionals (GSTS).

September 2023, Mekelle, Tigray

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1. Overview and Background:

The study provides key findings from a study assessing the prevalence, extent, nature, legal implications, and enduring consequences of sexual and gender-based violence (SGBV) perpetrated during the war in Tigray. The study was conducted in July-August 2022 across available woredas in six zones of Tigray, employing a mixed-methods approach including a universal screening technique (census) and in-depth interviews. The assessment aimed to provide detailed information for holistic rehabilitation efforts and to document acts of SGBV for potential legal action.

The study defines SGBV based on IASC and GBVIMS standards, including rape, attempted rape, sexual slavery (forced marriage), physical assault, denial of services, and emotional/psychological abuse.

2. Key Findings on Incidences of Sexual and Gender-Based Violence:

Prevalence: Out of 458,558 respondents (representing 27.5% of the estimated eligible female population aged 15 and above in accessible areas of Tigray), 46,085 (11.29%) reported being survivors of GBV.
Sexual Violence: Among GBV survivors, 18,610 (40.4%) experienced various forms of sexual violence, including forced marriage and rape. Of those reporting sexual violence, 15,038 (80.8%) were rape survivors.
Forced Marriage/Sexual Slavery: 5,068 (27.2%) of sexual violence survivors were forced into relationships and lived with perpetrators for weeks or months.
Physical Assault: 23,147 (5.67%) participants reported severe physical assault. This included 300 who were burned by chemicals and 131 who were killed during the assault.
Estimated Incidence: Accounting for a low disclosure rate (estimated at 24% in Ethiopia), the study estimates that if all eligible women and girls in Tigray were surveyed, at least 76,671 could be victims of conflict-related sexual violence (rape, sexual slavery, attempted rape) and 188,345 could be GBV survivors who are ready to disclose. If reasons for non-disclosure were removed, the potential numbers are significantly higher: a minimum of 319,464 sexual violence victims (including 256,960 rape victims) and 784,770 GBV survivors.
Timing and Context: Rape by combatants was reported from the beginning of the war and continued throughout the study period. The highest magnitude was reported between late November 2020 and March 2021.
Gang Rape: Gang rapes were the commonest and most frequent (79%) form of sexual violence, particularly when Eritrean Defence Forces (EDF) and Ethiopian National Defence Force (ENDF) were operating together. 25% of cases involved five or more assailants.
Targeted Groups: Multiple and grave sexual attacks targeted specific groups in 62% of reported cases. This included women identified as associated with the Tigray People’s Liberation Front (TPLF), Tigray Defence Force (TDF) fighters, or those who provided support to Tigrayan fighters.
Deliberate Infection: The study highlights the deliberate selection and deployment of HIV-positive soldiers to rape women and girls.
Vulnerable Populations: Pregnant (9.9%) and breastfeeding (16.8%) women were also victims of rape.
Locations of Incidents: Rape often occurred during house-to-house searches (60%), while women were fleeing or returning home, and at checkpoints. Empty churches, schools, military camps, government offices, and bridges were frequently used as locations for rape.
Family Involvement: In 19.55% of cases, close family members were forced to witness the rape of their relatives. In 9.3% of incidents, male family members were ordered to rape/assault their female relatives and were killed for refusing.

3. Perpetrator Characteristics:

Identification: Most survivors were able to identify assailants by their military uniform, shoes, language/dialect, and facial marks.
Identified Forces: Participants identified Eritrean soldiers (73.8%), Amharic speakers (42.35%) (including Ethiopian National Defence Force, Amhara Special Forces, and Fano militia), and others.
Gang Composition: Significant instances of gang rape involved groups of different forces, with Eritrean forces often initiating the attacks and inviting others to participate.
Female Soldiers: Female soldiers were involved in 6.9% of reported sexual violence perpetrated by Eritrean soldiers.
Use of Foreign Objects: Perpetrators used various foreign objects to “dehumanize, humiliate, and intentionally harm their reproductive organs” during rape. Commonly reported objects inserted into the vagina and anus included razors/blades, knives (military tools), sand, hard soil, used tissue paper, used condoms, nails, sharp metallic materials, sticks, rough stones, dirty cloth, and plastic bottle covers.
Genital Burns: 1,808 out of 12,716 survivors reported having their genitalia burned with a hot iron, mainly after gang rape.

4. Enduring Health, Social, and Economic Consequences:

Limited Support: Only 14.1% and 18% of survivors received psychosocial support and health care services, respectively. A staggering 92% never received any economic or emergency livelihood support.
Barriers to Support: Reasons for not receiving support included lack of available services, being distressed and shy, not knowing the consequences, and safety concerns due to potential retaliation from perpetrators.
Health Consequences:Sexual and Reproductive Health: 22% reported severe sexual and reproductive health problems. Common issues included menstrual disorders (56.5%), genital/pelvic/rectal/oral injury (34.1%), and incontinence/fistula (33.8%). Other problems included pelvic pain (21.3%), abortion (11.9%), and STIs including HIV (8.5%). Some survivors were diagnosed with infertility or required hysterectomies.
Sexual Health: 9.8% reported severe sexual health problems, including aversion to sexual contact due to fear of pain, transmitting HIV, or their husbands discovering the rape.
Pregnancy: 26.9% of rape survivors were impregnated by assailants. 66.3% terminated the pregnancy, often through unsafe methods, leading to abortion-related health consequences for 19.7%. 22.2% carried the pregnancy to term and gave birth to the assailants’ children.
Physical Health: 28.6% reported physical damage. Major issues included back pain (39.2%) and immobility (34.3%). Physical disability (8.6%), bone fracture (12.1%), and significant impairment in basic functions were reported. Survivors also witnessed or experienced torture (poking eyes, pulling out fingers/nails, burning bodies).
Mental and Psychological Health Consequences:High Distress: 73.6% of GBV survivors experienced high distress (severe depression and/or anxiety), while 23.98% experienced moderate depression and/or anxiety.
Trauma Symptoms: A high magnitude of trauma reactions were identified, including Negative Alterations in Cognition and Mood (92.8%), Avoidance Symptoms (91.2%), Arousal and Reactivity Symptoms (88.7%), and Intrusion Symptoms (87.9%).
Coping Mechanisms: Positive coping included talking with others. Poor coping included substance use, isolation, and changing residence.
Socio-Economic and Livelihood Consequences:Economic Decline: GBV incidences severely impacted survivors’ economies. Many were looted, unable to work due to physical/mental health, or displaced. Before the incident, 55.1% were in the higher economic bracket; afterward, 88.9% were in the lowest economic bracket.
Income Loss: The average individual income before the incident was 30,895.05 Birr, which declined significantly to 159.24 Birr after the incident.
Overall Economic Loss: The estimated overall economic loss reported by survivors over 20 months was over 255 billion Birr.
Social Consequences:Divorce and Rejection: A high divorce rate was observed among survivors who had disclosed. Rejection and blame from family and husbands/boyfriends were reported by the majority.
Social Stigma: Survivors faced social stigma and discrimination from their community.

5. Human Rights, Humanitarian, and International Law Implications:

International Crimes: The acts of SGBV documented can constitute genocide, crimes against humanity, and war crimes.
Inflicting Harm: The physical and mental health consequences (serious physical or mental harm) are palpable indicators of international crimes. This is exacerbated by public SGBV, forced family witnessing, and forcing family members to commit SGBV.
Preventing Birth: Acts like rendering survivors infertile, forced pregnancy termination, forced impregnation, and psychological torture leading to aversion to childbearing constitute preventing birth.
Creating Conditions of Life: Transmitting HIV/AIDS, denial of medical support and humanitarian aid, looting, destruction of property, and forced displacement create conditions of life that can destroy the targeted group.
Genocidal Intent: The study argues that the acts were committed with clear genocidal intent, evidenced by dehumanizing hate speech, genocidal incitements (e.g., “daytime hyenas,” “rotten fish,” “no land where Weyane [the people of Tigray] grow”), a reported plan to eliminate the people of Tigray, ethnic slurs, insults, threats, and the perpetrators’ stated intention to dilute the Tigrayan population and identity.
Crimes Against Humanity and War Crimes: The widespread and organized nature of SGBV indicates crimes against humanity. The use of rape as a weapon of war and retaliatory sexual violence are war crimes.
Responsibility of Perpetrators: Responsibility lies not only with those who committed the acts but also those who planned, encouraged, incited, and organized them, including government officials, public figures, commanders, and military leaders.
Perpetrator Accountability: Eritrean soldiers are implicated in over 74% of the crimes. Ethiopian defence forces, Fano, Amhara militia, Amhara special force, and others are also implicated.
Lack of Effective Legal Remedy: The study concludes that the prospect for effective legal remedy is “doomed to be futile.”
Pretoria Agreement Concerns: The Pretoria agreement is criticized for placing accountability under the ambit of the Federal government, which is a suspect party. The exclusion of international and hybrid accountability mechanisms in the subsequent “green paper” allows a “suspect [to be] judged in his case,” potentially absolving criminals and convicting innocent individuals. Amending the agreement to ensure impartial and genuine accountability for those who committed the majority of atrocities is deemed necessary.

6. Conclusion:

The findings align with other reports, indicating widespread, non-random, and large-scale SGBV in Tigray. An estimated 76,671 to 319,464 sexual violence survivors and 188,345 to 784,770 GBV survivors potentially exist. Gang rape was the most common form, often with multiple assailants from different forces, with Eritrean soldiers being the primary perpetrators in over 74% of cases. Amhara forces and ENDF were also involved. The consequences are severe and enduring, encompassing gynecological, obstetrics, sexual, physical, and reproductive organ injury, disability, psychological distress (including severe depression, anxiety, and PTSD), economic devastation, social stigma, and familial disruption. The documented acts, coupled with evidence of genocidal intent, point to the commission of international crimes (genocide, crimes against humanity, and war crimes). However, the current legal framework and transitional justice efforts are seen as failing to ensure effective and impartial accountability, particularly given the involvement of the Federal government as a suspect.

7. Recommendations (Summary of Key Recommendations):

Holistic Rehabilitation: All sectors should integrate survivor rehabilitation packages into their plans.
Service Expansion and Capacity Building: The Health Bureau should focus on service delivery expansion, capacity building for frontline providers, and strengthening referral systems.
Confidential and Safe Care: Care for victims should be confidential, preserving privacy, and safe houses should be established.
Culturally Sensitive MHPSS: Mental health and psychosocial support (MHPSS) services should be culturally sensitive, gender-responsive, trauma-informed, community-based, and integrated into existing health systems.
Legal Accountability:The Pretoria agreement should be amended to include international and national frameworks for transitional justice that reflect the international nature of the crimes.
Current transitional justice efforts and the green paper, which marginalize Tigrayans, should be reversed and restarted.
Victims, survivors, and relevant CSOs should be consulted at all stages of transitional justice.
National and international NGOs should be encouraged to advocate for survivors.
Investigations by national and international impartial bodies (ICHREE, Human Rights Watch, Amnesty International, and CSOs/NGOs in Tigray and Ethiopia) should be facilitated.
Socio-Economic Empowerment: Holistic, integrated, flexible, and multifaceted interventions with a survivor-centered approach are needed to address the unique circumstances of survivors.
Addressing Social Stigma: Societal perception, culture, and norms contributing to stigma and discrimination should be addressed through awareness training and discourse.
Community Involvement: Women’s organizations, advocates, religious organizations, and the wider society should participate in the healing and reconstruction process for survivors.

What is the scope and methodology of the study on gender-based violence in Tigray?

The study aimed to assess the prevalence, extent, nature, and legal implications of sexual and gender-based violence (SGBV) perpetrated against women and girls in Tigray during the war. A mixed-methods approach was employed, primarily utilizing a universal screening technique (census) to reach as many women and girls aged 15 and above living in Tigray as possible. In-depth interviews with selected survivors and key informants provided qualitative data to understand the details and consequences of the violence. Data collection was conducted across all accessible weredas in the six zones of Tigray over six weeks in 2022. While an estimated 1,666,769 women and girls were eligible, the study incorporated results from 458,558 participants (27.5% of the estimated eligible population), with a significant portion from the central and eastern zones.

What types and prevalence of sexual and gender-based violence were reported in the study?

The study defined SGBV broadly, including rape, attempted rape, sexual slavery (forced marriage), physical assault, denial of services, and emotional and psychological abuse. Of the respondents, 11.29% (46,085 out of 458,558) reported experiencing some form of GBV. Among GBV survivors, 40.4% (18,610 out of 46,085) encountered sexual violence, with 80.8% of these being rape survivors. Forced marriage/sexual slavery was reported by 27.2% of sexual violence survivors. Severe physical assault was reported by 5.67% of study participants, with some incidents involving burning by chemicals or resulting in death. Based on disclosure rates and the study population, it’s estimated that a minimum of 319,464 sexual violence victims (including 256,960 rape victims) and 784,770 GBV survivors potentially exist in Tigray. Gang rape was the most common form of sexual violence, accounting for approximately 80% of incidents.

Who were the perpetrators of the reported sexual and gender-based violence?

Survivors identified perpetrators by their military uniforms, shoes, language/dialect, and facial marks. Eritrean soldiers were most frequently identified (73.8%), often by their Tigrigna and other Eritrean dialects, uniforms, and a common shoe type (“Kongo”). Amharic speakers were also identified (42.35%), including the Ethiopian National Defence Force (ENDF), Amhara Special Forces (ASF), and Fano militia. Eritrean forces were frequently reported as initiating gang rapes and inviting other forces to participate. Female soldiers were also involved in 6.9% of reported sexual violence by Eritrean soldiers. Perpetrators often used foreign objects during rape to dehumanize and injure victims.

What are the main health consequences faced by survivors of sexual and gender-based violence?

Survivors experienced severe and enduring physical, sexual, reproductive, and mental health consequences. Sexual and reproductive health problems were reported by 22% of survivors, including menstrual disorders, genital and pelvic injuries, incontinence or fistula, pelvic pain, abortions, and sexually transmitted infections (STIs), including HIV. Some survivors faced infertility or required hysterectomies. Physical health consequences reported by 28.6% of survivors included back pain, immobility, physical disability, bone fractures, and impairments in basic functions. Mental and psychological consequences were widespread, with nearly three-fourths (73.6%) experiencing high distress (severe depression and/or anxiety) and 23.98% experiencing moderate depression and/or anxiety. PTSD symptoms were alarmingly prevalent, affecting significant percentages of survivors across different symptom clusters.

What socio-economic and livelihood consequences resulted from the violence?

The violence had devastating economic consequences, leading to significant financial decline for survivors. More than half of survivors were in a higher economic bracket before the incidents, but after the violence, a large proportion (88.9%) fell into the lowest economic bracket. Survivors were often unable to work due to physical and mental health issues, emotional distress, or fear of societal discrimination. The estimated overall economic loss reported by survivors over a 20-month period was substantial. Socially, survivors faced high rates of divorce, rejection, and blame from family and husbands, although some received support from loved ones and the community. Many husbands whose wives were raped reportedly joined the armed struggle.

What are the legal implications of the SGBV committed during the war in Tigray according to the study?

The study argues that the acts of SGBV committed in Tigray amount to international crimes, including genocide, crimes against humanity, and war crimes. This is based on findings indicating serious physical and mental harm, acts intended to prevent birth (infertility, forced abortions, forced impregnations), and creating conditions of life designed to destroy the protected group (STIs, denial of medical aid, forced displacement, destruction of essential services). The study highlights dehumanizing hate speech and genocidal incitements by officials and perpetrators as evidence of genocidal intent. It asserts that these crimes were widespread and organized, indicating crimes against humanity, and that rape was used as a weapon of war, constituting war crimes. The study concludes that the current legal framework under the Pretoria agreement, placing accountability primarily with the Federal Government (a suspected party), hinders effective legal remedy and excludes necessary international mechanisms.

What recommendations does the study propose for addressing the consequences of SGBV?

The study strongly recommends comprehensive rehabilitation packages for survivors, integrating services across various sectors. This includes expanding and improving healthcare services, particularly focusing on confidential and private care, and building the capacity of frontline providers. Culturally sensitive, gender-responsive, and trauma-informed mental health and psychosocial support (MHPSS) services are crucial, with a focus on community-based programs and integration into existing health systems. For legal accountability, the study recommends amending the Pretoria agreement to include international and national frameworks for prosecuting international crimes, ensuring impartiality and genuine accountability, especially given the significant involvement of external forces. It also emphasizes the need to consult with survivors, CSOs, and NGOs in transitional justice processes and facilitate investigations by impartial national and international bodies. For socio-economic empowerment, holistic, integrated, and survivor-centered interventions are needed, addressing societal stigma and involving community members and organizations in healing and reconstruction efforts.

How accessible were support services for survivors at the time of the study?

Access to support services for survivors was severely limited. Only a small proportion of survivors received psychosocial services/support (14.1%) and healthcare services (18%). The vast majority (86%) did not receive any MHPSS or clinical services, and 84% did not access health facilities within the crucial 72-hour window after the incident. Reasons for not receiving services included lack of availability, distress and shame, lack of awareness of consequences, and safety concerns like fear of retaliation and stalking by perpetrators. Only a small percentage (8.42%) reported receiving any form of economic or emergency livelihood support. Survivors prioritized medical care, psychological support, livelihood assistance, and legal support as their primary needs.

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