A Comparative Analysis of the Application of the 1951 Refugee Convention to Victims of Sexual Violence in South Africa, Tanzania and Uganda

This article seeks to ascertain whether refugees who are victims of sexual violence in contracting states enjoy access to courts per Article 16 of the United Nations (UN) Convention Relating to the Status of Refugees (1951 Refugee Convention). It does so by comparing the situation of urban refugees in South Africa with that of refugees in camps in Tanzania and settlements in Uganda, beginning with a description of what "accessing courts" entails in the respective domestic criminal justice systems and of what mechanisms are in place for addressing sexual offences. It further uses the qualitative analysis of documented prosecuted cases of sexual violence in South African, Tanzanian and Ugandan courts between 2013-2017, 2009-2016 and 2013-2017 respectively to establish if these countries prosecute cases of sexual violence suffered by their citizens and whether claims of such violations affecting refugees also enjoy the same treatment. The enquiry found that of 328 documented prosecuted cases of sexual offences in South Africa, victims who were citizens were a majority in number. In Tanzania there appeared to be few prosecuted cases of sexual violence against refugees, but given that limited documentation is available, it is difficult to assess the actual figures. In Uganda the 187 recorded prosecuted cases of sexual offences in the years of investigation all related to citizens, despite the introduction of a mobile court to refugee settlements. Overall, this paper recommends that the countries under review adopt measures to ensure the prompt prosecution of cases of sexual violence against refugees and thereby enable them to access courts and testify against their assailants.


Introduction
Female refugees hosted in camps, settlements, urban areas, and reception, detention and repatriation centres 1 suffer sexual violence. 2 Even though sexual offences can lead to manslaughter, fatal injuries, undesired or premature gravidness, sexually transmitted diseases or infections (STD/STIs), barrenness, HIV/AIDS, cervical cancer, and venereal disease, 3 most of the time the perpetrators are not held accountable. 4 Victims also suffer from psychological trauma, mental health problems, 5 post-traumatic stress disorders (PTSD), 6 spontaneous abortions if raped and pregnant, protracted haemorrhaging, vesicovaginal and rectovaginal fistulas, insomnia, nightmares, chest and back pains, dysmenorrhea, and death resulting from unsafe abortions and suicide. 7 In many instances, refugees who are victims of the sexual violence mentioned above do not have access to courts despite the provision of Article 16 of the 1951 Refugee Convention, 8 which explicitly states:

1.
A refugee shall have free access to the courts of law on the territory of all Contracting States.

2.
A refugee shall enjoy in the Contracting State in which he has his habitual residence the same treatment as a national in matters pertaining to access to the Courts, including legal assistance and exemption from cautio judicatum solvi.
South Africa, Tanzania and Uganda ratified and domesticated the 1951 Refugee Convention on 12 January 1996, 12 May 1964, and 27 September 1976 South Africa was host to 89,285 refugees as at mid-2018, 20 while Tanzania was accommodating 326,942 refugees in three refugee camps as at 31 December 2018. 21 Uganda was host to 1,205,913 refugees in more than 11 settlements as at 31 January 2019. 22 These countries reflect the hosting facilities for refugees in Africa and one can appreciate the magnitude of the problem. For instance, South Africa does not host refugees in camps or settlements, which means that refugees are living amongst the citizens -a more liberal type of hosting, 23 while Tanzania and Uganda host refugees in camps and settlements respectively. 24 By virtue of their incorporation of refugee law into their domestic laws, these countries are bound to fulfil their obligation to grant refugees who are victims of sexual violence access to court just as they do their citizens who suffer sexual violence.
The question to be considered in this article is: Do refugees who are victims of sexual violence have free access to courts in contracting states? In attemptong to arrive at an answer, the article first enquires retrospectively whether nationals of these countries who are victims of sexual violence have free access to court, which it does by analysing laws, criminal procedures and decided cases and examining how these countries handle cases of sexual violence involving their citizens, in comparison with 18 Eberechi Access to Justice 203-204; Art XXVIII(i)(a)(b) of the Constitution of the Republic of Uganda, 1995;Ratification of Treaties Act, 1998 (Cap 204) Refugees (1967). 20 UNHCR 2018 https://www.unhcr.org/afr/statistics/unhcrstats/5c52ea084/mid-yeartrends-2018.html. 21 UNICEF 2018 https://www.unicef.org/appeals/files/UNICEF_Tanzania_Humani tarian_Situation_Report_August_2018.pdf. 22 UNHCR 2019 https://data2.unhcr.org/en/country/uga. 23 Section 18(6) of the Refugees Amendment Act 11 of 2017 provides that refugees may be assessed in accordance with the ability for sustain themselves, while ss 18(7) and 18(8)(b) of the Refugees Amendment Act provide that the UNHCR or NGOs may provide shelter for indigent refugees. This shows that the government of South Africa does not in itself provide shelter for refugees. 24 Obodoruku "Multiculturalism of Tanzanian Refugees" 29, 31; Obodoruku Human Information Behavior 137; Dawa 2019 https://www.accord.org.za/conflicttrends/conflict-dynamics-in-the-bidibidi-refugee-settlement-in-uganda/. OE EBERECHI PER / PELJ 2020 (23) 5 refugees who suffer the same fate in their countries. This article further undertakes a comparative analysis of the treatment received by refugees in South Africa, Tanzania and Uganda to ascertain whether there is compliance with Article 16 of the 1951 Refugee Convention.

The problem of sexual violence against refugees 25
Sexual violence against women in South Africa is rife, but its incidence amongst migrant women is even higher due to the inadequacy of state policy in preventing and combating it. 26 Refugees who suffer sexual violence in South Africa, seldom report these incidents for fear of not being taken seriously by the authorities. 27 Similarly, refugees in Tanzania live in fear of rape, sexual harassment and other forms of sexual violence while away from home for several hours a day as they source firewood for cooking 28 or go in search of food due to the inadequate supply of food items in the camps. 29 If the have been raped, the women have unwanted pregnancies and are jilted by their suitors. 30 Documentation and statistics regarding the incidence of sexual violence are scarce, but they reported a total of 319 new cases in all camps in October 2016. 31 Refugees in Uganda also suffer sexual abuse and exploitation, rape, defilement, early and forced marriages. 32 Although it is more prevalent among women and girls, sexual violence is also common among men and boys in refugee settlements. 33 The data are again inaccurate owing to the non-reporting of certain cases, 34 but by the end of December 2018 they recorded, 1,152 cases of rape, 351 of forced and early marriage, and 254 of sexual assault. 35 These human rights violations occurr as a result of there being insufficient security lighting in the settlements; limited funding for 25 Note that these statistics are not exhaustive. prevention and response; a limited police presence; 36 alcohol abuse resulting from idleness among the male refugees; and the lack of water and firewood close to settlements, which compels refugees to trek long distances in search of these essential commodities. 37 Also, owing to the scarcity of means for adults to earn a livelihood, refugees send their children to work for local people. In the course of the work they are often sexually abused. Trading sex for money and services is also prevalent as a means of survival. 38 In addition, poverty and the existence of cultural norms that downplay the importance of the girl child's education lead to secondary-school drop-out among girls, thereby contributing to early and forced child marriage and consequent sexual violence. 39 Another factor predisposing towards sexual violence against refugees is the lack of occupational training and jobs for female heads of households. As a result, they suffer sexual exploitation and abuse, and they resort to survival sex. 40 Recreational facilities for youths in settlements are also in short supply, leading to drunkenness and the sexual violence regularly associated with it. 41 Despite the efforts of the UNHCR and its implementing partners, 42 records on the incidence of sexual violence are scarce, due to under-reporting, which arises from fear of stigmatisation, humiliation and negative responses from families; the perception that sexual violence is a "private matter"; and a "lack of confidence in reporting channels". 43  in charge of refugees, 46 intimate partners, family members, teachers, influential individuals, "politicians and friends". 47 Refugees also suffer sexual violence from bootleggers, 48 "security forces", peace-keepers, members of law enforcement agencies and country boundary pickets. 49 Amongst the sexual violence offenders against refugees are "aid employees, national and international NGOs, UN agencies, state officials and a host of others". 50

Access to courts
Access to courts is a prerequisite for an applicant to institute an action in a court of law. Considerations in this regard may include locus standi, "mootness", and the exhaustion of other legal remedies. 51 The ability of a juristic person to bring a matter before a court of law encompasses the right to sue, to defend, to appear before a self-governing and unbiased court of law, and to have access to legal representation. 52 Chapter Two of the South African Constitution enshrines the Bill of Rights that lists the basic rights of everyone in the country. 53 Section 9(1) provides for equality and equal protection before the law. 54 Section 34, in turn, declares that everyone has the right to have any dispute that can be resolved by the application of law decided in a fair public hearing before a court or, where appropriate, another independent and impartial tribunal or forum. 55 The Constitution provides furthermore that anyone who suffers a violation of his or her constitutional rights may seek redress at a court of competent jurisdiction. For the victim of a crime to have access to courts in criminal proceedings, the victim or complainant needs to lay charges against the offender with the police, whose responsibility it is to avert, combat or "investigate crime …" and to defend and carry out the law. 57 If upon investigation the police officer believes the testimony of the complainant, the suspect is arrested and taken into custody for further investigation. 58 The law requires that a suspect be taken before a court of competent jurisdiction for a bail hearing not more than 48 hours after the arrest. 59 Continued access to courts for a victim of crime is dependent on the prosecution of the case by the Director of Public Prosecution, who prosecutes the suspect on behalf of the state. 60 Thus, if the prosecutor decides not to prosecute, a victim of crime will not have the opportunity to access courts to testify as to the guilt of the assailant.
In South Africa the Thuthuzela Care Centre simplifies court access for victims of rape, in particular. It is a multidisciplinary facility run by the National Prosecution Authority's (NPA's) Sexual Offences and Community Affairs Unit (SOCA). Branches have been established near communities with a high prevalence of rape, as have courts, police stations and medical facilities intended to cater for the needs of victims of sexual violence. 61 Thuthuuzela is the Xhosa word for "comfort". The purpose of the organisation is to assist the victims of rape in South Africa, and branches are located in all provinces as a response to the prevalence of the scourge of rape. 62 It is aimed at protecting victims against secondary trauma, the prevention of victimisation, and the improvement of the conviction rate. 63 Some of the services it provides include medical examination and the collection of evidence, interviewing and counselling, the treatment and prevention of sexually transmitted infections/diseases including HIV and AIDS, the safe transportation of victims to their homes, the provision of an alternate safe 57 place for the victim, and the preparation of the victim for the prosecution of the case, amongst others. 64 Legal Aid of South Africa is an institution that facilitates access to courts in South Africa. It is mandated to provide indigent litigants with legal advice, representation, education and information paid for by the State. 65 The South African Constitution also provides for the allocation of a legal practitioner to a detained suspect at the expense of the State, to avoid injustice. 66 While the Refugees Amendment Act (2017) 67 does not provide for access to courts, it does provide for appeals to the Refugee Appeals Authority against the decisions of a Refugee Status Determination officer. 68 Turning to the United Republic of Tanzania, Article 13(1) of the Constitution provides for equality and equal protection before the law, without discrimination. 69 Article 13(6) instructs state authorities to create facilities for the determination of the rights and duties of individuals; ensures a fair hearing; provides for the freedom to appeal against decisions by judicial and administrative institutions; and provides legal remedies against such decisions. 70 In addition, the Constitution guarantees the preservation of rights as well as equality and dignity during criminal investigations and proceeding. 71 However, the Refugee Act of Tanzania explicitly provides for the prosecution and punishment of refugees who are violators of the provisions of the Refugee Act and perpetrators of other unlawful acts. 72 What the Act does not cater for is how a refugee or an asylum-seeker can institute criminal proceedings such as sexual violence-related offences. to be committed or already committed. 74 If upon investigation a police officer has enough evidence to warrant it, he or she can arrest the suspect 75 and commence the procedures that lead to an apprearance in court.
This process begins with an oral or written complaint, or the presentation of an accused person to a magistrate with competent jurisdiction. Such a complaint can be made by anyone who believes the accused has committed a crime. 76 After that, a formal charge containing the alleged offence is laid and is signed by the magistrate. This leads to a preliminary hearing. 77 If the formal charge does not suggest the commission of a crime, the magistrate can reject the complaint and document the reasons for the refutation. 78 Conversely, where an offence exists, the complainant (the victim) is called to witness 79 at the trial.
Before the trial and throughout the proceedings of the trial the defendant receives legal representation,. Without this, access to the courts would be meaningless. In Tanzania legal assistance can be applied for by any indigent individual who requires legal services in civil or criminal proceedings. 80 The service is not mandatory in all cases. 81 Advocates and paralegals provide the service, and they guide litigants and defendants through the process of accessing the court, they educate them on their rights and how to enforce them, how to obtain legal documents, and the nature of the procedures of the court, 82 and they provide legal representation 83 in the actual court proceedings.
Article 21(1) of the Ugandan Constitution provides for access to court implicitly 84 by stating that everyone is equal before the law and shall enjoy equal protection before the law. Furthermore, Article 28(1) declares that every individual is entitled to a fair, prompt and public hearing before a selfgoverning, neutral court of law in the resolution of disputes relating to his or her "civil rights and obligations or any criminal charge". 85   Similarly, Article 50(1) 87 ensures the right to seek redress in a competent court for the threat to or actual violation of the rights of a citizen, and empowers anyone who desires to seek redress in courts for the violation of his or her constitutional rights to do so. The right to engage in a class action in court is provided for in Article 50(2). 88 Concerning access to the courts for refugees in the territory, section 29(h) of the Refugee Act declares that refugees are to have free access to the courts, including legal assistance under the applicable laws. 89 In criminal proceedings, the power to bring cases before the courts is vested in the Director of Public Prosecution, 90 who is empowered to authorise the police to investigate any criminal case, report back to him or her, and institute criminal action against an accused person or authority in a competent court, except in the event of a court-martial. 91 Equally, the Director of Public Prosecution is empowered to take over criminal actions initiated by other individuals or authorities or to stop any criminal prosecution at any stage. 92 The police are seized with the duty to "protect life and properties", "preserve law and order", foil and identify crime, and cooperate with the security and civilian authorities. 93 compelled self-sexual assault. 96 The Act proscribes forcing or instigating individuals who are less than or older than 18 to observe sexual offences, sexual acts or self-masturbation; the exposure, exhibition or display of genital organs, anuses, female breasts, and child pornography; and engaging the sexual services of persons who are under or above the age of 18 years. 97 The Act also proscribes incest, bestiality and sexual acts with a corpse. 98

South Africa
In addition, the Criminal Law (Sexual Offences and Related Matters) Amendment Act Amendment Act 5 of 2015 99 outlaws statutory rape, statutory sexual assault, and sexual offences against persons living with disabilities. 100 The Prevention and Combating of Trafficking in Persons Act also addresses sexual violence, prohibiting human trafficking for sexual exploitation, prostitution and profiting by such acts. 101 The jurisdiction for the prosecution of sexual offences in South Africa is the Magistrate's Court; the proceedings of cases of sexual violence can take place in a jurisdiction other than that where the crime was committed, and under South African law there is no lapse of time for the prosecution of these offences. 102 The minimum penalty for convicted sex offenders is life imprisonment; but the court can impose a lower sentence provided the Judge believes that there are important and persuasive conditions which validate the decree of a slighter punishment. Such information. 103 Additional sanctions include fines, the declaration of the convict as a dangerous criminal, committal to rehabilitative institutions established by law, and correctional supervision.

Tanzania
Tanzania prohibits sexual violence as an offence against morality listed in the Penal Code of the United Republic of Tanzania (the Penal Code). 105 The Penal Code outlaws rape, attempted rape, abduction with the intent to marry or for sexual purposes, the marriage of a girl under 16 years of age against the will of her parents or guardian, with the penalty for this ranging from seven years' to life imprisonment with or without corporal punishment. 106 The indecent assault of a woman or girl is also prohibited, while the attempted or actual rape of a child under 14 is punishable by life imprisonment, with or without corporal punishment. 107 Furthermore, the rape of a person with a disability is punishable by 14 years in jail, a sentence that may include corporal punishment. 108 Likewise, sexual relations with a 12 year-old girl is prohibited, irrespective of whether she consented to it or if the act was perpetrated by her husband or authorised by parents who gave her out for sexual purposes. 109 Where a husband commits sexual violence, he will serve five years in prison, while the parents and the procurer of such an act will serve two years in prison. 110 The Code outlaws the prostitution or procurement for prostitution of a person, as well as aiding, compelling or benefitting from the prostitution. 111 Persons committing these offences are guilty of a misdemeanour and are subject to imprisonment with or without corporal punishment. 112 The law also punishes obtaining sexual favours through threats and intimidation, 113 conspiracy and inducement, and obtaining sexual favours through false pretences or fraud makes the perpetrator liable to three years' imprisonment. 114 Likewise, the Code reproves the owners of premises used for purposes of sexual exploitation. 115 Tanzania's anti-trafficking law penalises the trafficking of persons for sexual exploitation and the introduction of them into foreign forced marriages for the purposses of prostitution, the making of pornography, or sexual exploitation, with a fine of between five million shillings to one hundred million shillings, or imprisonment of 2-10 years, or both as punishment. 116

Uganda
In Uganda the trial court responsible for dealing with sexual offences is the High Court. 117 The Ugandan Penal Act prohibits sexual violence under a list of offences against morality. 118 Rape carries the death penalty, while attempted rape is punishable with life imprisonment, which may include corporal punishment. 119 Abduction with the intent to have carnal knowledge with or to marry the victim attracts seven years in prison; 120 the indecent assault of women and girls attracts 14 years in prison, which may include corporal punishment; and those who say vulgar words to women may receive a year in prison. 121 Defilement and the attempted defilement of a girl under 18 years of age carries the death penalty and 18 years' imprisonment, which may include corporal punishment. 122 The defilement of persons living with disabilities attracts 14 years in prison, while obtaining persons for defilement, or employing threats or drugs, and false pretences and misrepresentation are misdemeanours. 123 Furthermore, abduction or an attempt to abduct a woman under the age of 21 years for sexual purposes and prostitution will attract seven years in jail. 124 The Penal Code also applies punitive measures to any homeowner who authorises the defilement of a girl under the age of 18. The penalty, in this case, is five years' imprisonment. 125 Anyone who detains a woman or girl for sexual intent is liable to seven years' imprisonment, while the sexual exploitation of persons in detention by those in authority or other persons attracts capital punishment. 126 Any conspiracy to defile a woman or girl is punishable with seven years in jail. 127  foreigner for marriage, 128 recruitment, transportation, harbouring and reception of an individual for sexual exploitation and sex tourism. 129 Persons convicted of these acts may be subject to a jail term ranging from 5-15 years, with or without the option of a fine. 130 The analysis of the laws above shows that South Africa, Tanzania and Uganda have legislation combating sexual violence in their territories. Nevertheless, do refugees enjoy the protection of such laws? The article now attempts to establish whether cases of sexual violence get to the courts in these territories and whether cases of the same violence affecting refugees receive the same treatment.

Access to courts in the contracting states
Section 4 of this article analysed the law and procedures for dealing with sexual violence in South Africa, Tanzania and Uganda. However, this section will analyse documented decided cases of sexual violence in these countries of study, and ascertain whether they involve both their citizens and refugees.

Data analysis
Data were collected from documented decided court cases accessible online. In South Africa and Uganda, the data collected pertained ot the period 2013 and 2017, while the available data for Tanzania pertained to the period 2009 to 2016. Therefore, the figures here are a mere representation of the treatment of cases of sexual violence in these countries.

Findings
The data also revealed that both sexes suffered sexual violence. South Africa recorded five incidents involving male victims 131 while the rest involved female victims, while Tanzania recorded one, 132 and there was no record of male cases in Uganda. The perpetrators of sexual violence in all three countries, as round in this study, were fathers, mothers (aiding and abetting), foster fathers, adopted fathers, pastors, grandfathers, stepfathers, brothers, spouses and uncles. 133 Other relatives were former spouses and boyfriends, customary spouses and mothers' boyfriends. Acquaintences included neighbours, visitors to families, and friends of the family. 134 Strangers included robbers, kidnappers, street people, persons in positions of trust such as clergymen, doctors, sports coaches, teachers, prophets, church members and taxi drivers, amongst others. 135  In addition, the types of sexual violence committed against all victims in cases prosecuted in South Africa included rape, gang-rape, defilement, rape of under 16 years of age, rape and murder, the exposure of children to pornography, Indecent assault, consensual penetration with a child, being an accomplice to an assailant in an act of rape, grievous bodily harm, sexual offences, sexual assault, and the grooming of children. 143 There were also cases of assault grievous physical harm, rape with the mother as an accessory, anal and oral indecent assault, and the attempted rape of a boy. 144 There were also cases of masturbation of the self and the victim, Note that the exact ages of the victims were omitted from the judgement. 137 Note that the exact ages of the offenders were omitted from the judgement. 138 Note that the exact ages of the victims were omitted from the judgement. 139 Note that the exact ages of the offenders were omitted from the judgement. 140 Note that the exact ages of the victims were omitted from the judgement.  While the study in Tanzania could not cover an equivalent period of five years in succession, 150 the data revealed the documentation of more than 50 cases of sexual violence between 2009 and 2016. All of the cases invloved citizens, with there being no record of one involving a refugee. 151 As for Uganda, the investigation found that in 2013 and 2017 there were 187 documented prosecuted cases of sexual violence. However, all cases involved citizens, and none concerned refugees. 152

Country Ages of victims Ages of offenders
Based on Table 2, therefore, the author argues that refugees in South Africa and Uganda who are victims of sexual violence do not experience the prosecution of their assailants, while there are prosecuted cases that concerned other residents. In the case of Tanzania, it is not possible to draw any firm conclusions because of the poor documentation of the lack of documentation.

Refugees and access to courts in contracting states
To access basic amenities in South Africa, you need a passport, a permit or a South African identity document. Refugees in South Africa require an asylum permit to access facilities. The report indicates that female refugees were easy targets for sexual violence during the xenophobic attacks in South Africa, because they had less recourse to the criminal justice system and less protection than South African women. 159 Further, the report states that despite an increase in the provision of health, psychosocial and legal services by the state and civil society organisations, refugee women still experience problems of access to protection, justice and services following sexual violence. 160 Some of these problems are due to a lack of proper management of the cases and "[an absence of a] formal or consistent approach to referral". Also, survivors are charged for or denied access to free medical services, including postexposure prophylaxis, and there is a lack of shelter that complies with minimum standards. 161  the 1951 Refugee Convention. The author recommends that these South Africa should extend the protection of these laws to refugees in its territory.
Turning to Tanzania, a study conducted in refugee camps by Women's Legal Aid of Tanzania in 2008 164 found that despite the presence in camps of law enforcement officers and human rights NGOs, 165 it remains problematic for refugee women and children to access the courts. Reports reveal that access to the services available in cases of sexual violence at the sexual and gender-based violence centre is limited to the deterring of exploitation, "awareness-raising, psychological and legal counselling". 166 Perpetrators are let free by the police; the courts sometimes disregard reported cases on grounds not understood by the victims; and some victims may not want to report violations to the authorities for fear of not been taken seriously or discounted. 167 Discrimination against refugees and the deficiency of qualified staff accounts for the lack of the prosecution of cases. For instance, the district courts of Kibondo, which are responsible for the trial of cases of sexual violence from the Mtendeli, Kanembwa, Nduta and Mkugwa refugee camps, has two male police prosecutors, a male magistrate and a male interpreter with no training on how to handle cases of sexual violence. 168 A lot of the prosecuted cases of such violence end in the acquittal of perpetrators because of shoddy investigation and inept prosecution.
In the Kibondo, Kasulu, Ngara and Kigoma refugee camps and districts courts one presiding magistrate complained of a lack of paper for the maintenance of the court record. 169 The report also exposes the fact that it is difficult to attract qualified lawyers and prosecutors to those areas owing to their underdevelopment and inaccessibility, 170 a difficulty which in turn limits access to the courts. Of about 50 decided cases of sexual violence studied during this research, there are no documented prosecuted cases of sexual violence against refugees in camps in Tanzania, as shown in Table  2

Conclusion
Access to courts is a challenge for refugees who are victims of sexual violence in that they are typically uninformed about or unaware of the legal recourse and support available to them. 177 The police presence in settlements is scant, with no means of effecting arrest on the assailants, and no transport and holding cells< Consequently, victims are reluctant to report violations and instead seek recourse through traditional dispute resolution, which usually leads, however, to re-victimisation. 178 Other barriers to accessing courts include the cost of accessing government services and the scarcity of police medical examination forms for the examination of victims and offenders for the court trial. 179  This article reveals that South Africa, Tanzania and Uganda of a necessity facilitate access to courts for refugees who are victims of sexual violence in their territories since they have ratified and domesticated the 1951 Refugee Convention and its Protocol of 1967. Therefore they are bound under the treaty to protect and enforce the rights of refugees.
Regarding access to court, the three countries provide their citizens with such access, and all prohibit sexual violence, imposing penalties ranging from years of imprisonment to life and death sentences. In Tanzania and Uganda an additional punishment is corporal punishment, as determined by the court. The jurisdiction for addressing sexual violence in South Africa and Tanzania is Magistrate Courts; in Uganda, it is the High Court. The procedures for reporting the crime to the police are similar. South Africa has its Thuthuzela Care Centres, which are close to a one-stop facility located in hospitals and close to a police station, where victims of rape report and have access to facilities. In Tanzania, South Africa and Uganda, the victim is the complainant and principal witness, and the state prosecutes cases.
With regard to the treatment of refugees, there are as yet no documented prosecuted cases of sexual violence against refugees in South Africa. Tanzania reports prosecuting a few instances of sexual violence against refugees, but records are hard to find owing to poor documentation. 181 Uganda has a mobile court dedicated to addressing the problem of sexual violence against refugees in settlements, but they are yet to record the prosecution of such cases. 182 The author argues, therefore, that the contracting states should protect refugees against sexual violence, create a conducive environment for the reporting of such cases, and ensure that they hold perpetrators to account for such crimes so that the victims can have access to a court to testify against their assailants. Also, the author suggests that a one-stop model facility should be included in refugee camps/settlements design as recommended by Eberechi. 183