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Protection from
sexual and gender-based violence

In the context of migration, torture and ill-treatment may take multiple forms, including sexual and gender-based violence. Sexual violence refers to any act of a sexual nature committed against one or more persons by force, threat of force, coercion, or by taking advantage of a coercive environment, and which is carried out without the person’s free and voluntary consent. States have a positive obligation to ensure that their security forces and agents do not engage in acts of sexual violence against people on the move. They must also take preventive measures against violence committed by private actors, such as citizens or criminal networks, and they are required to promptly, thoroughly, and effectively investigate all allegations of such acts. OMCT’s research documented the widespread use of sexual and gender-based violence in the migratory context. Perpetrators may include both government officials, armed groups and militia, criminal gangs and citizens and may amount to acts of torture and ill treatment.,

International law

In the context of migration, torture and ill-treatment may take multiple forms, including sexual and gender-based violence. Sexual violence refers to any act of a sexual nature committed against one or more persons by force, threat of force, coercion, or by taking advantage of a coercive environment, and which is carried out without the person’s free and voluntary consent. Such acts constitute serious violations of personal dignity and, under international human rights law, amount to gender-based violence and discrimination against women and girls as recognised under the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW). In certain circumstances, acts of sexual and gender-based violence, when committed by State actors or with their consent or acquiescence, may also amount to torture or other cruel, inhuman or degrading treatment or punishment under international human rights law.

States have a due diligence obligation to prevent, protect against, investigate, prosecute, punish, and ensure redress for acts of gender-based violence. States must ensure that their security forces and agents do not engage in acts of sexual violence, including against people on the move. They must also take appropriate measures to prevent, investigate, and punish such acts when committed by private actors, including citizens, armed groups, or criminal networks, including in migration and transit contexts. They are further required to promptly, thoroughly, and effectively investigate all allegations of such acts and ensure access to effective protection and remedies for survivors.

In the context of migration, OMCT’s research has documented that people on the move – including men, women and children – are increasingly subjected to sexual and gender-based violence during their migratory journey in countries of origin, transit and destination. Sexual and gender-based violence occurs in different settings, including in urban areas, checkpoints, detention centres, informal settlements, following interceptions at sea and during forced deportations and arbitrary displacements to border areas. Perpetrators may include both government officials, armed groups and militia, criminal gangs and citizens and may amount to acts of torture and ill treatment.

Case Studies

Tunisia
In Tunisia, people on the move continue to be exposed to sexual and gender-based violence, particularly in informal settlements, in detention centres, in the public space and during or following operations conducted by security forces. Sexual and gender-based violence takes multiple forms. The OMCT has documented cases of rape by state authorities following arrests, the dismantling of informal settlements, interceptions at sea, or during deportations to desert areas. The OMCT has also documented cases of intrusive searches conducted by state authorities following interceptions at sea, as well as cases of sexual exploitation by criminal groups, including in the context of kidnappings for ransom in areas of Sfax, Kasserine, Médénine, Tunis and Zarzis. Finally, survival sex is observed within communities on the move themselves. This refers to situations in which individuals exchange sexual relations for essential goods or services needed for survival, such as food, shelter, or money, or to pay for crossings across the Mediterranean Sea.
Libya
Sexual violence is pervasive across migration routes and occurs at multiple stages, including during transit, in detention, and in situations of trafficking. Libya emerges as a site of exceptionally high levels of sexual and gender-based violence against people on the move. Trafficking for the purpose of sexual exploitation is particularly widespread, with women and girls frequently subjected to repeated rape, forced prostitution, and other forms of sexual abuse by traffickers, smugglers, and armed groups. Sexual violence is also systematically used as a form of torture in both official and unofficial detention centres, where individuals are exposed not only to direct abuse but also to the sexual violence of others, which is used to intimidate, punish, and extract information or money. Men and boys are also affected, facing sexual violence including rape, forced nudity, and other forms of humiliation, often in detention settings. Additionally, coercive practices such as transactional or survival sex are reported, particularly in contexts where individuals lack access to basic needs and protection. The near-total absence of accountability, combined with the fragmentation of authority and the involvement of multiple state and non-state actors, contributes to the persistence and normalization of these violations.
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