Rape in a Post-Disaster Context: Evolving Jurisprudence of the Inter-American Commission

Abstract

I entered this field taking for granted that the proposition contained within the title of this panel, “Rape as a Form of Torture,” was simply stating a fact and not an aspiration. This important advancement in the recognition of women’s human rights is due in large part to the pioneering and visionary work of Rhonda Copelon and my fellow panelists, Felice Gaer, Patricia Viseur-Sellers, and Sir Nigel Rodley. Thank you to the City University of New York Law Review and Lisa Davis for the opportunity and the honor. I was asked to speak about efforts to address rape of women and girls in post-earthquake Haiti and a related decision of the Inter-American Commission on Human Rights (“IACHR”) recognizing that Haiti, like all States, has a responsibility to prevent and punish sexual violence perpetrated by non-State actors. I will first provide a brief historical backdrop, focusing on efforts led by Rhonda Copelon to address state-sponsored rape on the international level following the 1991 coup d’etat in Haiti. Then, I will provide an overview of rape in Haiti since the January 12, 2010 earthquake and a request filed with the IACHR by women and girls living in displaced persons camps in Port-au-Prince, Haiti, arguing that that the government was violating their right to be free from sexual violence. Finally, I will discuss the significance of the Commission’s decision granting this request with respect to the government’s obligation to exercise due diligence to prevent, investigate, prosecute, and punish private actors of rape.