Guidelines for Gender-based Violence Interventions in Humanitarian Settings

3. Protection
Cross-cutting function AND sectoral activities

Minimum Prevention and Response Interventions

3.1 3.2 3.3 Assess security and define protection strategy Provide security in accordance with needs Advocate for compliance and implementation of international instruments

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ACTION SHEET 3.1 Assess security and define protection strategy Guidelines for Gender-based Violence Interventions in Humanitarian Settings Sector/Function: Protection Phase: Minimum Prevention and Response
Background
Protection is widely defined as a concept that encompasses all activities aimed at obtaining full respect for the rights of the individual in accordance with the letter and spirit of human rights, refugee, and humanitarian law. Protection can involve either removing individuals or groups from a risk, threat, or situation of violence which may adversely affect their fundamental human rights and freedoms, or intervening at the source of the violence to reduce or stop it. This can be accomplished through fostering and contributing to the creation of an environment political, social, cultural, institutional, and legal conducive to the sustainable exercise and respect of fundamental freedoms and human rights.

Key Actions
The following are cross-cutting protection actions that apply to the protection sector and to other humanitarian organisations. The GBV working group designates focal point(s) to be actively involved in taking the following actions and report on progress.

The protection of women and girls places a high focus on prevention and response to sexual violence through promotion of gender equality and recognizing womens capacities, their right to participate in decision making, and their contributions to management and transformation of conflict. Ultimately the decision about the best protection option must rest with the threatened person/group, after a careful, participatory, consultative consideration of the situation. This approach is a central element of any protection strategy. A protection strategy must recognise that the primary responsibility for protection of civilians lies with the State. In some situations, however, States have been known to perpetrate, or be complicit in, acts of sexual violence against civilians. Making and holding states and other actors accountable to the various human rights, refugee, and humanitarian instruments must, therefore, be a key aspect of a protection strategy. A well-developed advocacy plan is needed to support the implementation of the protection strategy. (See Action Sheets 1.2, Advocate and raise funds and 10.2, Disseminate information on IHL to arms bearers.) It is important to note, however, that this designation of primary responsibility for protection does not diminish the critical role of the humanitarian community.

1. Become familiar with protection and security issues related to sexual violence; participate in the coordinated situation analysis described in Action Sheet 2.1, Conduct coordinated rapid situation analysis. Identify high-risk areas in the setting, e.g. where sexual violence incidents occur, where women and girls perceive safety and security risks, etc. Identify factors in the setting that place women and children at higher risk of harm; e.g. lack of law and order, economic hardship, separation of families and social groups. Identify individuals who may be targeted for abuse; e.g. unaccompanied children, femaleheaded households, disabled females, ethnic minorities, etc. Assess existing security response and legal follow-up for instances when survivors/victims report incidents to the police and pursue legal justice, i.e. presence of police/security forces, including female security personnel, accessibility of security response, impunity, etc. Identify relevant national laws and policies. Identify traditional systems in the community for problem-solving and/or justice. Identify availability of legal aid services for survivors/victims. Identify assets and resources in the community, such as expertise, previous experience, innovation, courage, and effective leadership, that may contribute to providing protection/prevention and response to sexual violence. Determine the intent of political and military actors to comply with international legal standards (see Action Sheets 3.3 , Advocate for implementation of and compliance with international instruments and 10.2, Disseminate information on IHL to arms-bearers) and assess their susceptibility to influence.
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Guidelines for Gender-based Violence Interventions in Humanitarian Settings

4. Establish systems for compiling anonymous incident data so that any trends and protection issues can be identified and addressed. Participate in actions described in Action Sheet 1.1 , Establish coordination mechanisms and orient partners, including a reporting and referral system and guiding principles for all actors. Action Sheet 2.2, Monitor and evaluate activities describes compiling and analysing data about sexual violence incidents.

3. Coordinate with authorities and the GBV working group to establish strategies to remove or reduce obstacles to arrests and prosecution. Consider the following: Police/security may lack information about relevant laws and procedures. Lack of reporting (to police) by survivors/victims (see Chapter One), including lack of witness protection. Impediments to prosecution, such as lack of available judges, long distances to courts, lack of transport and/or overnight accommodation for witnesses, etc. Peacekeeping presence may present an opportunity for capacity building and training with local authorities.

2. Build alliances and establish a network of contacts in-country among individuals, organisations, institutions, and groups that can contribute to protection from sexual violence. Expand from contacts in the GBV working groups. Include police, armed forces, judiciary, traditional leaders, womens leaders, womens groups, traditional healers, diplomats, donors, peacekeepers, etc.

6. Operational Protection Reference Guide. UNHCR, 2005.

5. Camp Management Toolkit. Norwegian Refugee Project, 2004. http://www.nrc.no/camp/cmt_complete.pdf

4. Protection Into Practice. Oxfam, 2005. http://www.womenwarpeace.org/issues/displacement/protectionintopractice.pdf

7. Inclusive Security, Sustainable Peace: A Toolkit for Advocacy and Action. International Alert and Women Waging Peace, 2004. http://www.womenwagingpeace.net/toolkit.asp

Key Reference Materials

1. Glossary of Humanitarian Terms in Relation to the Protection of Civilians in Armed Conflict. UNOCHA, 2003. http://ochaonline.un.org/DocView.asp?DocID=572

3. Sexual and Gender-Based Violence against Refugees, Returnees and Internally Displaced Persons. UNHCR, 2003. http://www.rhrc.org/pdf/gl_sgbv03.pdf

2. Aide Mmoire for the Consideration of Issues Pertaining to the Protection of Civilians. UNOCHA, 2004. http://ochaonline.un.org/DocView.asp?DocID=1327

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ACTION SHEET 3.2 Provide security Guidelines in accordance with needs for Gender-based Violence Interventions in Humanitarian Settings Sector/Function: Protection Phase: Minimum Prevention and Response
Background
Many emergency settings are plagued by armed conflict and unrest and/or banditry and lawlessness; civilian women and children are at high risk of violence, and in some settings, access to displaced populations is denied and humanitarian staff come under attack. The international community has an obligation to put in place measures to enhance security for communities during emergencies (including displacement), and for humanitarian personnel. The international community is also obligated to ensure the maintenance of the humanitarian and civilian nature of camps. Deployment of peacekeepers, human rights observers, and others are commonly undertaken to enhance safety and security. Women and children are entitled to protection from sexual violence, which involves two-pronged protection and security measure to: reduce exposure to risk address underlying causes and contributing factors, including climate of impunity unable to share incident details due to confidentiality and respect for the survivors/victims choices (see next paragraph for exceptions). This often results in tension among members of the GBV working group. Nevertheless, there are ways and means for compiling anonymous incident data that reveal no identifying information and that provide enough information about incidents to allow security and protection actors to analyse information and strengthen security measures. There are national laws in some countries mandating that health practitioners report certain serious violent crimes to law enforcement authorities. . In some countries, this means that doctors/nurses must inform police about suspected rape cases seen in health facilities. . These situations present a set of ethical, legal, and practical challenges that must be clearly understood and discussed by the interagency GBV working groups. (See Action Sheet 1.1.)

Key Actions
The following actions apply to the security sector; that is, organisations implementing security (and in some settings, protection) programmes. The security sector identifies a focal point who participates regularly in the GBV working group and reports on the security sectors achievement of the key actions. The security sector focal point participates in crosscutting functions led by the GBV coordinating agencies and working groups, as described in Action Sheets for Coordination, Assessment and monitoring, Human resources, and Information education communication. 1. Encourage authorities to strengthen security, as well as law and order arrangements, in the affected areas. Ensure there are adequate numbers of properly trained police and security personnel who are accountable for their actions, Capacity-building measures may be necessary, 2. Establish short-term security objectives and indicators for minimum prevention and response to sexual violence as described in Action Sheet 2.2, Monitor and evaluate activities.

It is important to continuously analyse the risk factors and consequences for sexual violence in each setting. While gender inequality and discrimination are the root causes of sexual violence, various other factors determine the type and extent of sexual violence in each setting. It is important to understand these factors in order to design effective strategies to prevent sexual violence and to ensure that appropriate security and protection measures are in place to respond to reported incidents and assist survivors.

Effective prevention and response to sexual violence must involve multisectoral and coordinated action. Action Sheet 1.1, Establish coordination mechanisms and orient partners, describes development of a framework and a plan, including coordination mechanisms and guiding principles for all actors. Specific roles, responsibilities, and actions for security and protection actors are described below. It must be acknowledged that only very few survivors/victims willingly consent to assistance and/or action from police, security, or protection personnel. Other actors working with survivors/victims (usually health or psychosocial staff) will be

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3. Establish strategies for improving security, combining a targeted, proactive presence around specific hotspots with a less routine, widespread, and mobile presence that gives protected persons and potential violators a sense of an international presence, that someone is always around. Consider strategies such as: Community watch programmes and/or security groups, preferably with trusted female and male members of the community. Be aware of the need to provide training and to monitor to prevent abuse by members of the teams. Security patrols. Community centres/womens centres. (See Action Sheets 7.1, Implement safe site planning and shelter programmes and 7.2, Ensure that survivors/victims of sexual violence have safe shelter.) Regular and frequent presence of international protection staff in communities (camps, villages). 4. Advocate with police/security forces and promote confidence-building between police/security forces and the community. Some examples: Increase numbers of female police. Meetings and information sharing between police and the community. Information sessions about laws and protections from police to women and girls in the community. Regular contact and communication with the local authorities.

7. Establish mechanisms to maximise safety and security of all who provide help and assistance to survivors/victims, including humanitarian staff and community members.

child, be guided by the best interest of the child. All interviews with the survivor/victim must be conducted in private spaces and, preferably, by female staff. Some survivors/victims may want and need a safe place to go either temporarily or for the longer term. See Action Sheet 7.2 for considerations and planning. Work in conjunction with cultural leaders, authorities, and womens groups to counter the perception that survivors/victims are culpable.

8. Monitor security to identify high risk areas and security issues, within the constraints of the security situation. Consistently review sexual violence data. Meet regularly with network of contacts to share information and coordinate for security improvements. Consult members of the community, revalidating and updating information, ensuring that women and girls are fully included and provided a private and separate space for the consultations.

5. Coordinate with appropriate partners to disseminate information on the availability and value of sexual violence response services. (See Action Sheet 10.1, Inform community about sexual violence and the availability of services.) Inform the community, especially women and girls, about sexual violence potential consequences survivors/victims need for help, support, and security; not blame and social stigma how and where survivors/victims can go for help and that help is confidential.

6. Provide security when survivors/victims report incidents to the police and/or security staff. Always respect the confidentiality, rights, choices, dignity, and confidentiality of the survivor/victim, ensuring that she is involved in any decisions or action to be taken regarding her security or protection. In the case of a

9. Provide guidance to the GBV working group on how to prevent future incidents of sexual violence. This requires monitoring and analysing security through the network of contacts, anecdotal information, and data compiled about reported incidents of sexual violence. Evaluate incidents and response actions, identify patterns and nature of violations, for example, any common characteristics of survivors/victims (age groups, ethnic groups) and alleged perpetrators, where incidents are occurring, at what time of day. Assess, in particular, how they are arising either from acts of commission (things people are doing) or acts of omission (things people should be doing but are not) or both. Find out if there is a particular pattern, timing, schedule, logic, or symbolism connected with the abuses and hence if they might be predictable in any way, and gauge if there are any factors (physical,

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Guidelines for Gender-based Violence Interventions in Humanitarian Settings

social, spatial, economic, and habitual) that may put people more at risk. Clarify exactly who is responsible for these violations, what authority they have, and what resources they are using. Understand precisely how, when, where, and why they are committing such abuses. Identify critical factors that facilitate violations, such as power differentials (e.g. student-teacher, armed person-civilian) and the availability of small arms and lights weapons. Learn who is orchestrating, encouraging, permitting, and colluding in the perpetration of violations, as ideologues, strategists, and active supporters. Identify those who are turning a blind eye to the violations or initiating strategies of denial. Attempt to anticipate or predict the perpetrators next steps. Recognise that they are likely to adjust their strategies to deflect efforts to stop them.

Key Reference Materials

1. Sexual and Gender-based Violence Against Refugees and Internally Displaced Persons: Guidelines for Prevention and Response. UNHCR, 2003. http://www.rhrc.org/pdf/gl_sgbv03.pdf 2. Action for the Rights of Children (ARC) Foundations: Standards (UNHCR, OHCHR, UNICEF, Save the Children).http://www.unhcr.ch/cgibin/texis/vtx/protect/opendoc.pdf ?tbl=PROTECTION&id=3e37e5ba7 3. UNHCR Resettlement Handbook. UNHCR, 2002.http://www.unhcr.ch/cgi-bin/texis/vtx/protect?id=3d4545984 4. Adolescent Development. UNHCR, OHCHR, UNICEF, 2001.

5. Refugee Children: Guidelines on Protection and Care. UNHCR, 1994. http://www.unhcr.ch/cgibin/texis/vtx/protect/opendoc.pdf ?tbl=PROTECTION&id=3b84c6c67 6. Convention on the Rights of the Child. 1989. http://www.unhchr.ch/html/menu3/b/k2crc.htm

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ACTION SHEET 3.3 for compliance and implementation of international instruments Guidelines for Advocate Gender-based Violence Interventions in Humanitarian Settings Sector/Function: Protection Phase: Minimum Prevention and Response
Background
Sexual violence is a violation of universal human rights protected by international human rights conventions, such as the right to security of person, the right to the highest attainable standard of physical and mental health, the right to freedom from torture or cruel, inhuman, or degrading treatment, and the right to life. Several international instruments specifically address violence against women and girls (see Key Reference Materials below). Sexual violence during emergencies, especially in conflict-affected settings, is directly related to the absence of social and legal protections which, in turn, promotes a culture of impunity for perpetrators and increases reluctance to report among survivors. Primary responsibilities in providing protection against sexual violence include 1) preventing further violence and 2) ensuring judicial and social redress for past abuses. lence: 1) Denunciation, pressuring authorities through public disclosure into meeting their obligations and protecting those exposed to abuse; 2) Persuasion, convincing authorities through private dialogue to fulfil their obligations and protecting those exposed to violations; and 3) Mobilisation, sharing information discreetly with selected groups which have the capacity to influence authorities to satisfy their obligations and to protect those exposed to violations. (See also Action Sheet 1.2, Advocate and raise funds and Action Sheet 10.2, Inform community about sexual violence and the availability of services.)

In the early stages of an emergency, these protection responsibilities include advocating for the rights of victims of sexual violence and pressuring the States to conform to international standards that promote protections against sexual violence. There are three main strategies for pressuring the State that the humanitarian community can use in improving State protections related to sexual vio* Sexual and Gender-based Violence Against Refugees, Returnees and Internally Displaced Persons: Guidelines for Prevention and Response. UNHCR, 2003. Pg. 9.

An important component of both prevention of further violence and redress for sexual violence crimes is ensuring implementation of and compliance with laws that promote the rights of communities to be free of sexual violence. While it is primarily the States responsibility to enforce protections against sexual violence, it is often the case in emergencies that States are not adequately resourced to uphold the rule of law. In some emergencies, States might perpetrate, or be complicit in, acts of sexual violence. In these instances, the United Nations, human rights, and humanitarian agencies share the responsibility with States to ensure that human rights are protected. *

Ensuring redress for sexual violence also includes providing direct legal services to survivors, or working to empower and/or build capacity of existing national and local/traditional legal and court structures through project aid to enable them to carry out their functions. While it may not be feasible to implement comprehensive direct legal/justice programming during the early phases of an emergency, target personnel must be designated within the UN and/or humanitarian institutions to provide legal advice to the State as well as direct legal assistance to survivors.

Successful legal prosecution of sexual violence crimes relies heavily on the active participation of the survivor/victim and any witnesses. It is important to always keep in mind that sexual violence crimes are under-reported in all settings and few survivors/victims pursue legal redress. It is therefore essential that confidential and well-coordinated minimum response services from multisectoral actors be in place (especially health care, psychological/social support and advocacy, and legal advice and support) to assist and support the victim/survivor throughout any legal process she pursues. With appropriate, compassionate, and respectful response services in place, survivors are more likely to seek legal redress and follow through with necessary action. Without these supports, the vast majority of survivors/victims are frightened, overwhelmed, and will avoid any police or legal action.

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Key Actions
The following actions apply to the protection sector; that is organisations implementing protection programmes. The protection sector identifies a focal point who participates regularly in the GBV working group and reports on the protection sectors achievement of the key actions. The protection sector focal point(s) participates in cross-cutting functions led by the GBV coordinating agencies and working groups, as described in Action Sheets for Coordination, Assessment and monitoring, Human resources, and Information education communication. 1. Participate in the coordinated situational analysis described in Action Sheet 2.1 and compile information relevant to legal redress for sexual violence (e.g. national laws, legal procedures and practices for sexual violence crimes, numbers and circumstances of successful prosecutions, etc.). 2. Develop a sub-working group within the GBV working group related to legal redress for sexual violence. Ensure local representation, including women, in the sub-working group.

Key Reference Materials

1. UN General Assembly, Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW), December 1979. http://www.un.org/womenwatch/daw/cedaw/text/ econvention.htm 2. UN General Assembly, Optional Protocol to the Convention on the Elimination of All Forms of Discrimination Against Women, A/RES/54/4, December 2000. http://www.un.org/womenwatch/daw/cedaw/protocol/

3. ICRC, The Geneva Conventions of 12 August 1949 and the Additional Protocols of 8 June 1977. http://www.icrc.org/Web/Eng/siteeng0.nsf/html/g enevaconventions 4. United Nations, Rome Statues of the International Criminal Court, July 1998.

5. International Human RightsBasic Reference Guide for NGOs, International Human Rights, www.hshr.org.

4. Designate members within the sub-working group responsible for tracking the States investigation and resolution of sexual violence cases. 5. Build networks with judges, prosecutors, police, and traditional systems to ensure that existing laws relating to sexual violence are upheld.

3. Designate personnel within the UN and/or humanitarian institutions to provide legal advice to the State and direct legal assistance to survivors/victims who wish to pursue legal justice for sexual violence crimes. Ensure these personnel participate in the sub-working group.

6. Legal Framework for Service Providers Addressing GBV, International Planned Parenthood Foundation, http://www.ippfwhr.org/publications/download/monographs/gbv_tools_files/gbv_ legalguide_e.pdf. 7. Addressing the Needs of Women Affected by Armed Conflict, ICRC Guidance Document 2004 http://www.icrc.org/Web/Eng/siteeng0.nsf/htmlall/p0840/$File/ICRC_002_0840.PDF!Open

7. Designate members of the sub-working group to provide training on international and human rights as they relate to prohibitions of rape and other forms of sexual violence to community, police, national and traditional courts, and national and international humanitarian actors, including peacekeepers.

6. Wherever necessary, develop coordinated action to pressure states to ratify and/or implement the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW) and other instruments and to more effectively investigate and prosecute sexual assault crimes.

9. Sexual and Gender-based Violence against Refugees, Returnees, and Internally Displaced Persons, UNHCR, May 2003.

8. Women Facing War, ICRC, 2001, http://www.icrc.org/web/eng/siteeng0.nsf/iwpList 138/8A9A66C7DB7E128DC1256C5B0024AB36

10. Gender Equality and Humanitarian Assistance: A guide to the issues, Woroniuk, Beth, Canadian International Development Agency (CIDA), November 2003. http://www.acdicida.gc.ca/INET/IMAGES.NSF/vLUImages/Afric a/$file/Guide-Gender.pdf 11. Gender-based Violence Web-based Annotated Bibliography, www.rhrc.org/resources/gbv

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