A/HRC/27/21
apologized to the women of Sierra Leone for failing to protect them during the armed
conflict and pledged to protect women’s rights.
53.
Collective reparations may have particular potential for victims of gender-based and
sexual violence. They can reach a wide group of beneficiaries, prevent stigma by avoiding
the identification of individual victims, and recognize the harm to families and communities
intended and caused by such violence. Individual victims should, however, directly benefit
from collective reparations and not feel excluded or marginalized, or even further
stigmatized. In crafting collective reparations, adequate consultations with victims of
gender-based and sexual violence should take place and aim to address their particular
needs, for instance for specialized reproductive health care or fistula repair.60 Collective
reparations should complement rather than replace individual reparations.
54.
While reparations and development constitute two distinct and separate rights,
creating linkages with development actors and programmes could be beneficial for
delivering sustainable and transformative reparations, particularly in countries affected by
mass violations and poverty. International cooperation and assistance should not be a
substitute for the role that States must play in reparations, including acknowledgement of
responsibility for violations and using their financial and institutional capacity diligently to
repair the harm suffered by victims.61
55.
Regarding the different forms of benefits distributed, experience shows that women
victims often prioritize service-based benefits, such as educational opportunities and access
to health and psychological rehabilitation services. Care must again be taken not to blur the
distinction between reparations and social rights, services and development measures to
which the general population is entitled.62 In relation to economic compensation, the
obstacles faced by women in accessing and controlling money, including not holding a
bank account, and pressure from family should be considered. Material benefits that can
help women pursue what they perceive to be autonomy-enhancing projects and that,
therefore, can be more transformative should be also considered. In Timor-Leste, in order
to empower victims sustainably, CAVR recommended the provision of economic
rehabilitation services, such as skills training and microcredit, rather than monetary
compensation. Symbolic reparations can also play a valuable role in acknowledging
gender-based and sexual violence and in affirming the position of victims as citizens and
rights holders, particularly in the context of social stigma. However, victims’
confidentiality must not be breached by measures of public recognition. Reparations
programmes should pay more attention to guarantees of non-repetition of gender-based and
sexual violence, which are likely to focus on the underlying structural causes of violence
and therefore have transformative potential.63
56.
The effectiveness of reparations efforts in several States, including Sierra Leone,
South Africa and Timor-Leste, have been bolstered by urgent interim reparations
programmes. Interim reparations can be valuable in meeting the immediate needs of victims
of gender-based and sexual violence, as in Sierra Leone, where some victims received
access to fistula surgery. Interim schemes may also provide important insights which can be
applied to the design and implementation of the relevant State’s subsequent comprehensive
reparations programme. In Timor-Leste, the difficulties in engaging women in the interim
60
61
62
63
16
OHCHR, ‘The Dust’, p. 28.
Guidance note of the Secretary-General on reparations for conflict-related sexual violence (2014),
p. 10.
A/HRC/14/22, para. 55.
Ibid., para. 62.
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