FCO INITIATIVE ON TACKLING SEXUAL VIOLENCE AS A TACTIC OF WAR AND CONFLICT Please find below some early thoughts

on the new initiative proposed on tackling sexual violence as a tactic of war and conflict, as shared with GAPS on Wednesday 23 rd May. We welcome the greater attention paid to the issue of sexual violence in conflict that this initiative represents and the recognition of continued prevalence and impunity for perpetrators We particularly welcome the commitment to use the G8 Presidency in 2013 to build on international efforts and collaboration, including around the development of early warning indicators on sexual violence. We also recognise the commitment to ensure evidence collected meets evidentiary standards and wish to see a clear statement that work will be done in accordance with fair trial standards. Theory of change This initiative places emphasis on prevention of sexual violence through the development of a UK Preventing Sexual Violence Team. Prevention of sexual violence is key. The most successful prevention initiatives have been where work addresses root causes of violence and promotes empowerment. Prevention initiatives focus on challenging social norms and the social and behavioural change that is required to prevent sexual violence from happening. Some examples include social marketing, working with womens groups to challenge the norms and behaviours that sanction violence in their community. As the UK must focus on where it can have the biggest added value, it would be useful to understand the theory of change on preventing sexual violence. Whilst an increase in prosecutions erodes the culture of impunity, there is still weak evidence to show a clear link between prosecution and prevention of sexual violence in conflict, partly due to the limited number of prosecutions. It would be useful to understand why the focus is on prosecution as a preventative mechanism rather than other efforts to change social norms and attitudes. In addition, we believe that focusing on prevention alone is not enough to make significant progress on sexual violence in conflict. The provision of basic services is limited or non-existent in many conflict affected contexts, but is absolutely vital for survivors. The UKs own Call to End Violence against Women and Girls Action Plan1 recognises this and focuses on prevention, providing support, working in partnership, empowerment and taking action to ensure justice for survivors. In order to produce better outcomes and ensure policy coherence, this initiative should follow this model. We believe the following measures are vital to ensure the protection of survivors and long term change: 1. Provision of essential services There needs to be better understanding of the environment that enables reporting and recognition of the barriers that exist, particularly in fragile and conflict affected contexts. No survivor of sexual violence in conflict can risk retribution and further shame without basic health, livelihoods or psycho-social needs being addressed with a guarantee of confidentiality. Participation in any judicial process cannot be sustained without support and protection over the longer term. Experience shows the difficulty of pursuing prosecution without accompanying health, livelihoods, legal and psycho-social support. The series of steps that must be taken to access justice is characterised by high levels of attrition. Cases are dropped as they progress through the system. As a result, only a fraction of cases end in a conviction or a just outcome. One way to reduce attrition is to invest in one-stop shops, which bring together vital services under one roof to collect forensic evidence, provide legal advice, health care and other support. The Thuthuzela Care Centres (TCC) in South Africa are one successful example of this approach, now being replicated in other countries including Chile and Ethiopia. Conviction rates for rape cases dealt with by the TCC in Soweto have reached up to 89 percent, compared to a national average of 7 percent. 2 Whilst there is evidence to support provision of essential services, too often there are limited or no interventions funded for survivors of sexual violence, particularly in rural areas. Given this, the UK should: Fund comprehensive, multi-sectoral one stop shop services for survivors of sexual violence. This will also support work on survivor led prosecutions. As well as funding, the UK should consider how to use influence with national governments to provide essential services for survivors of sexual violence. Focus on survivor led justice by ensuring accountability mechanisms to survivors. Support for survivors should be foremost and there should be recognition that some may not wish to report or go to court. The UK must ensure survivors know why they are being asked to give testimonies, understand what is involved and be informed that they are able to say no at any stage of the process.

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from the Home Office website: http://www.homeoffice.gov.uk/publications/crime/call-end-violence-women-girls/vawgaction-plan?view=Binary 2UN Women, 2011-2012 Progress of the Worlds Women: In Pursuit of Justice, available here: http://progress.unwomen.org/

 Ensure survivors are active participants in evidence gathering i.e. approaches that are designed to collect testimonies based on how survivors want to tell people what has happened to them should be adopted. This may also lead to better evidence for the purposes of prosecution. Respond to the highly likely breakdown of formal justice systems and their restriction to capital cities: o Where formal justice systems do exist, too often institutions, including the police and courts, deny survivors justice.3 Will the UK provide support to judicial bodies at community and national levels to ensure that they can properly assist survivors? The UK should also consider identities of perpetrators: access to justice is particularly problematic where there is state perpetrated or sanctioned violence. o What action will the UK take with regards to community/informal justice systems, such as arbitration by families, traditional chiefs and elders and tribal authorities, access to which is preferred by or only available to the majority of the population? 2. Working with women human rights defenders and survivors We welcome the commitment that the team of experts will train and mentor human rights defenders in investigation, prosecution and reporting. UK action needs to work with human rights defenders, including to build capacities of those already engaged in this work. The starting point needs to be what the UK can do to support womens rights organisations to help survivors, shown to be essential to ensure support for survivors, lasting change. This will also lead to longer-term sustainability of efforts after the teams leave. In many fragile and conflict affected states, womens rights organisations are already collecting data, drafting legislation and training those in security and justice forces. Consult survivors and womens organisations in conflict affected states in the initiatives development. When the decision is made to deploy teams, those involved should map existing work being carried out, initially through asking the UN system and international NGOs operational in the country for identification of actors involved, and then in conversation with those engaged in the work. 3. Safety of survivors first; ensure a do no harm strategy (as required by HERR)

We welcome the recognition that evidence collection should not put victims at further risk, however concrete mechanisms and methodologies need to be in place that draw on the lessons from international, national and community responses to sexual violence regarding interviewing and testimony of survivors The UK must take steps to safeguard against the threat of backlash against and targeting of survivors and activists involved in this work, e.g. staff from the ICTR came to homes of women who had been raped, identifying them to communities which resulted in attacks, stigma and ostracism.4 Those who face allegations of rape and sexual violence may be in positions of authority both during and even long after the fighting has stopped, placing survivors at risk for the duration of prosecutions. Furthermore, there is a risk that data shared with authorities (judicial and governmental) who may be complicit in international humanitarian and human rights law violations will be used to persecute survivors. The UK should put in place strategies and procedures to mitigate risk. It is vital to ensure survivors are not revictimised by the process by taking the following steps: o Many police, lawyers, doctors and psychologists in the UK still have much to learn about working sensitively with survivors. The UK should commission those working in violence against women services in the UK to conduct predeployment training on techniques for interviewing survivors. o Violence against women experts should be part of the teams, particularly those living in the UK from the country in question, who are more likely to understand the context and potentially removing language barriers and issues around reluctance to speak in front of translators. The UK should draw upon the specialist services that exist in the UK. o Ensure only women deal with women survivors. The experience of those who do this work, backed by the research, shows women who have experienced violence are reluctant to speak to men. 4. Making the links Ensure synergy with cross governmental strategies such as the NAP, BSOS and the VAWG action plan. Have clarity about the role of the International Violence against Women Champion. Map existing work on sexual violence in conflict and coordinate, e.g. with the existing work of the USA and the SRSG on Sexual Violence, to avoid duplication and ensure impact. GAPS acknowledges the input of its members Amnesty International UK, International Rescue Committee, Saferworld and Womankind Worldwide. We welcome the governments openness to continue consultation and express willingness to continue engagement. We stress the importance of drawing on the expertise of those engaged in and affected by this work, namely those who provide services in the UK, international NGOs and survivors and womens rights organisations in states affected by violent conflict.
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above Nowrojee, Your Justice Is too Slow: Will the ICTR Fail Rwandas Rape Victims?, (Human Rights Watch, 2005)