A/HRC/27/21 manuals which contain good practices and lessons learned on how to conduct interviews with victims. In Colombia, a series of measures have been adopted to address sexual violence against women committed during the armed conflict. They include the setting up of a mobile unit which provides legal and psychological assistance to women and girl victims in remote areas. 49. Reparations proceedings should adopt adequate procedural and evidentiary rules for sexual violence. Onerous corroboration burdens and requirements that victims provide legal and medical evidence are likely to make proof impossible for many victims, particularly those who have become internally displaced persons. In Morocco, the Equity and Reconciliation Commission applied a presumption that women who had been in detention had also suffered gender-specific violations and awarded additional compensation to women claimants on that basis, without victims needing to make a specific claim.54 In the Lubanga case, the International Criminal Court held a “balance of probabilities” test sufficient to establish the facts relevant to an order for reparations against the convicted person.55 In the case of children born of rape, as many are not told the circumstances of their birth, consideration should be given to allowing carers to claim reparations on behalf of the child, without disclosing the claim to the child. 50. Given the obstacles to effective victim participation, adopting structural incentives to encourage gender-sensitive outreach and procedures should be encouraged. In TimorLeste, CAVR recommended that 50 per cent of reparations resources be earmarked for women to ensure that the implementing mechanism makes a sufficiently strong effort to reach women and girls.56 51. One particularly important insight of recent years is that gender-sensitive reparations should strive to be transformative.57 Reparations processes and benefits should focus, where possible, not on restoring victims to pre-existing positions of inequality, but on subverting the structural discrimination that enables gender-based and sexual violence, and contributing to a more gender-equal society. In Morocco, the Equity and Reconciliation Commission chose not to adopt the concept of “heir” defined in Moroccan laws of succession when distributing benefits to victims’ families, in order to accord equal treatment to men and women successors. That has subsequently been used by some organizations in defending reforms to inheritance laws.58 In Tunisia, sustained advocacy has similarly led to the reform of discriminatory inheritance laws that affect the receipt of reparations benefits. 52. Reparations programmes for gender-based and sexual violence should be comprehensive. Combining individual, collective, material and symbolic benefits can maximize the possibilities of redress for a larger number of victims.59 In Sierra Leone, the truth commission recommended a comprehensive reparations programme, covering free health care, educational support, skills training, microcredit and microprojects, community reparations, symbolic reparations, provision of housing and pensions and a number of gender-specific institutional reforms. In 2010, the President, Ernest Bai Koroma, publicly 54 55 56 57 58 59 International Center for Transitional Justice, Morocco: Gender and the Transitional Justice Process (2011), p. 36. International Criminal Court, Prosecutor v. Lubanga Dyilo, decision establishing the principles and procedures to be applied to reparations, ICC-01/04-01/06-2904, Trial Chamber I, 7 August 2012, para. 253 (currently on appeal). Galuh Wandita and others, “Learning to engender reparations in Timor-Leste: reaching out to female victims”, in Rubio-Marín, What Happened to the Women?, p. 308. See A/HRC/14/22. International Center for Transitional Justice, Morocco, p. 36. Reparations Programmes, p. 22. 15

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