A/HRC/27/21
based and sexual violence. In Timor-Leste, it was only when women were consulted that
prosecutors began to pay attention to sexual-violence crimes.9 Similarly, consultations are
necessary to create transitional justice processes that are sensitive to women’s particular
needs, their priorities and their social and cultural contexts. Further, national consultations
can themselves be an important tool of empowerment, recognition and redress for victims.
Consultations with groups that are often silenced or marginalized, such as women, children,
the elderly, and ethnic, racial or religious minorities, also sends a strong signal about equal
rights in the post-conflict context, which itself has transformative social potential.
10.
Representation of a cross section of women and girls in all their diversity must be
ensured during consultations. Consultations with women should not solely focus on their
experience of victimization, but should take account of the evolution of gender roles during
and after conflict and the multiple roles women play in such situations. By highlighting
women’s roles as vital contributors to the economy, household heads, guardians and agents
of change in their communities, consultations can maximize their potential to empower
women and challenge prejudices.
11.
There is often a need to address the practical obstacles faced by women, men, girl
and boy victims of gender-based and sexual violence in participating in consultation
processes. For instance, to express free and frank opinions, women should be consulted
separately from men and, as appropriate, by other women and without haste. Protections
from backlash and stigmatization, including strict safeguards of confidentiality and
anonymity, are essential. To avoid re-traumatizing victims, consultations must be held in
safe, neutral spaces by people trained in working with victims of gender-based and sexual
violence. This is particularly critical when consulting children, which should generally only
be done by specially trained personnel.10 The reluctance of victims to disclose their
experiences may be compounded in countries where there is little awareness that genderbased and sexual violence is criminal, or where victims may face counter-charges of
adultery or morality-related offences for bringing a sexual violence claim. Sensitization
efforts giving local populations necessary information about transitional justice processes
can play an important role in that regard. More efforts are also needed to understand and
address the particular barriers that male, lesbian, gay, bisexual and transgender persons and
other marginalized victims of sexual violence may face in coming forward in consultations.
12.
Attention must also be paid to obstacles that women and girls may face in
participation. Those include low literacy levels, discussions being conducted in a language
different to their common vernacular or too far from their homes, the cost of attending
consultations, including in lost labour and childcare time, and a lack of identity documents.
Measures such as using local dialects and providing childcare assistance can help address
those issues.11 Conducting decentralized consultations, including in remote locations, is a
particularly important element in supporting women’s participation and in ensuring that a
diversity of women are consulted. In the Democratic Republic of the Congo, for instance,
OHCHR convened a high-level panel in 2011 that visited six communities around the
country and met with local and provisional government authorities and with victims, nongovernmental organizations and other United Nations agencies in order to ascertain
victims’ views on reparations.12
9
10
11
12
Rule-of-Law Tools for Post-conflict States: National Consultations on Transitional Justice (United
Nations publication, Sales No. 09.XIV.2), p. 20.
National Consultations, pp. 20–21.
UN-Women, A Window, p. 4.
See the report of the High-level Panel on Remedies and Reparations for Victims of Sexual Violence
in the Democratic Republic of the Congo (2011).
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