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.
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