GUIDELINES ON BIAS AND ACCESS TO JUSTICE - ADDRESSING STIGMA OF CONFLICT RELATED SEXUAL VIOLENCE SURVIVORS
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GUIDELINES ON BIAS AND
ACCESS TO JUSTICE
ADDRESSING STIGMA OF
CONFLICT RELATED
SEXUAL VIOLENCE SURVIVORSGuidelines on Bias and
Access to Justice
Addressing Stigma of Conflict Related
Sexual Violence SurvivorsGuidelines on Bias and Access to Justice: Addressing Stigma of Conflict Related Sexual Violence Survivors © Centre for Equality and Justice, Sri Lanka. All rights reserved. Designed by: OLEECO Solutions (Pvt) Ltd Printed and published in July 2018. Supported by British High Commission, Colombo The views expressed in this book are those of the persons interviewed and do not necessarily reflect the views and policies of Centre for Equality and Justice, Sri Lanka. No part of this publication may be reproduced, stored in a retrieval system or transmitted in any form or by means, electronic, mechanical, photocopying, recording or otherwise without full attribution. For further information please contact: Centre for Equality and Justice 325A1, Thimbirigasyaya Road, Colombo 05, Sri Lanka Tel/Fax: +94 11 2055404 ii
Guidelines on Bias and Access to Justice:
Addressing Stigma of Conflict Related Sexual Violence Survivors
1. Introduction
Stigma associated with Conflict Related This briefing paper is divided into 4 parts.
Sexual Violence (CRSV) is part of a mutually
1. An analysis of the causes and
reinforcing cycle that has overarching effects
consequences of Bias as a result of
that last through generations. CRSV refers to
stigma associated with CRSV
any act of a sexual nature committed without
consent, or any act that specifically targets 2. The nature of the international and
a person’s sexual function or organs, that domestic legal and policy framework
is linked, directly or indirectly to a conflict. concerning CRSV
This link may be evident in the profile of the 3. The scope of the CEDAW General
perpetrator (often affiliated with a State or Recommendations No. 30 and No.
non-State armed group, including a terrorist 33
entity or network), the profile of the victim
4. Victim survivor centered, gender
(who is frequently an actual or perceived
sensitive recommendations and
member of a persecuted political, ethnic or
guidelines on bias to guide stake-
religious minority, or is targeted on the basis
holders to address bias associated
of actual or perceived sexual orientation
with CRSV victim survivors
and gender identity), the climate of impunity
(which is generally associated with State
collapse), cross-border consequences (such
as displacement or trafficking in persons)
and/ or violations of the provisions of a
ceasefire agreement.1 A broad definition of
this nature has created space to recognize
the diverse experiences of victim survivors
of CRSV.
The stigma experienced by female victim
survivors of CRSV is often an extension of
the gendered inequalities, discriminatory
practices and preconceived notions that
pre-exist a conflict. Bias as a direct result of
this paves way to the automatic preference
of one over another, leaving behind CRSV
victim survivors with little or no recourse.
The Guidelines on Bias recognizes the
importance of creating a level playing field
for CRSV victim survivors and of cultivating
an environment in which policy makers,
practitioners and other stakeholders take
conscientious steps to ensure that justice is
not denied nor delayed.
1 Report of the UN Security Council S/2015/203; Report of the Secretary-General on Conflict Related Sexual
Violence S/2017/249
1Guidelines on Bias and Access to Justice:
Addressing Stigma of Conflict Related Sexual Violence Survivors
2. The Nature of Bias and complex, making her prone to stigmatization
and bias within and outside her community.
its Manifestations
2.2 Consequences of bias
2.1 Factors that create and
perpetuate bias Gender inequalities that create stigma and
bias become the cause for the unequal
The root causes of the stigmatization of treatment of a woman victim survivor of
women, who are victim survivors of CRSV, CRSV. She is denied equal access to
can be found at the heart of Sri Lankan opportunities in education and livelihoods;
society, as women are generally expected to reparation and information about the
to conform to various societal standards. missing; to state benefits and services she is
Patriarchy stamps women as vulnerable entitled to as a woman affected by the war;
individuals, whose chastity ought to be and to safe and secure living conditions.
protected in order to safeguard the honour
and reputation of those connected to her. It is evident that gender bias as a result of
Any act of sexual violence directed at a stigma associated with CRSV translates
woman is often understood as tainting her itself into practice in many ways: the failure
character, shifting the blame and shame to carry out an impartial, unbiased and
from the perpetrator to the victim, leaving gender sensitive investigation; failure to
behind a social scar. These gendered provide interpreters and adequate medical/
societal imprints that pre-exist a conflict psychosocial support; failure to question
are exacerbated during and after a conflict suspects and to hold perpetrators guilty for
due to its inherent complexities and acute the crimes committed; penalization of victims
imbalance of power. for reporting cases; trivializing complaints by
creating a hierarchy of which offences are
In addition, intersecting factors like ethnicity/ more severe than others; re-stigmatization
race, indigenous or minority status, of women in courts and in the media are just
socio-economic status and/or caste, a few of those instances.
language, religion or belief, political opinion,
marital and/or maternal status, age, urban/ In all such situations, a woman who is a
rural location, health status, disability and victim survivor of CRSV is denied access
property ownership tend to compound to justice, which in turn affects her potential
discrimination against women and make it to participate as an equal in society and
more difficult for them to access justice. exercise her civil, political, economic, social
and cultural rights.
A victim survivor of CRSV can be anyone.
She can be a LTTE ex-combatant; a
Sinhala military widow who is considered I never looked for a remedy due to fear.
a bad omen in her community; a victim of There is no possibility of receiving justice
sexual violence committed by a member/s for what happened. The army has a lot of
of the Government armed forces or the power and influence. No one challenges
LTTE; a journalist reporting on the war; them. Therefore I constantly live in fear.
a female head of household who tries to
Tamil victim survivor from Batticaloa
make ends meet and provide for her family;
or a disabled woman. With each example,
the intersecting factors concerned render
a woman’s experience different and more
2Guidelines on Bias and Access to Justice:
Addressing Stigma of Conflict Related Sexual Violence Survivors
3. The Legal and Policy areas. The comprehensive set of goals with
measures for implementation, which seek to
Framework ensure equality, equal access to opportunity
and the freedom to enjoy and exercise one’s
Article 12 of the Constitution of Sri Lanka
economic, civil, social and political rights,
states that, all persons are equal before the
include the following goals which have a
law and are entitled to the equal protection
direct bearing on addressing stigma and
of the law and that no citizen shall be
bias associated with CRSV.
discriminated on the basis of sex, among
other prohibited grounds of discrimination. - Eliminate stereotypes that
In practice, women are often subjected to discriminate against women
gender based discrimination or violence at
- Create a gender sensitive justice
some point of their lives.
system which ensures the protection
Resolution 30/1 of the UNHRC titled of the rights of victims and the
“Promoting reconciliation, accountability accountability of perpetrators
and human rights in Sri Lanka” adopted in
- Reduce violence against women and
2015 recognizes the commitment of the
girl children through multisectoral
Government to address issues involving
interventions
sexual and gender-based violence within
transitional justice mechanisms. Importantly, - Protect the interests of women
it recognizes that a credible justice affected by the war, including female
process including judicial and prosecutorial heads of households (FHH)
institutions and mechanisms established to
redress past abuses and violations, must - Ensure state responsibility to provide
be independent, impartial and transparent for accountability for the missing and
and led by individuals who will display the those who have disappeared and
highest degree of professionalism, integrity to provide remedies and redress to
and impartiality. family members
In keeping up with these commitments, - Strengthen institutional mechanisms
the Policy Framework and National Plan of and put personnel in place to tackle
Action to address Sexual and Gender-based sexual exploitation and violence
Violence [SGBV] in Sri Lanka (2016-2020) against war affected women including
was approved by the Cabinet in June 2016 FHH
through a consultative process that attracted - Ensure the participation of women
activists, experts and multiple stakeholders affected by the conflict in the
from the government, civil society, private transitional justice process
sector and UN agencies. This provides a
multisectoral framework to address SGBV - Provide government services to
and incorporates judicial and non-judicial military widows
measures in relation to transitional justice
- Reintegrate female ex-combatants
for war affected women, which fall into
- Provide national policies on return,
three broad categories namely- prevention,
resettlement, reintegration and
response and policy advocacy.
restitution to address the issue
In October 2017, the Government launched of protracted displacement in
the National Action Plan for the Protection consultation with IDPs to ensure that
and Promotion of Human Rights (2017- policies and assistance responds to
2021) [NHRAP], recognizing gender equality their gender needs
and women’s empowerment as priority
3Guidelines on Bias and Access to Justice:
Addressing Stigma of Conflict Related Sexual Violence Survivors
4. CEDAW General it also requires State parties to regulate
non-State actors, under the duty to protect
Recommendations
by exercising due diligence to prevent,
investigate, punish and ensure redress for
‘ Discrimination against women, the acts of private individuals or entities
based on gender stereotypes, that impair the rights of women under the
stigma, harmful and patriarchal Convention. The General Recommendation
acknowledges that sexual violence in conflict
cultural norms, and gender-based
is a heightened form of discrimination that
violence, which particularly affect does not necessarily cease with the end
women, have an adverse impact of a conflict. In paragraph 38, it lays down
on the ability of women to gain the following recommendations, aimed at
addressing the causes and consequences
access to justice on an equal basis
of CRSV.
with men.’
(a) Prohibit all forms of gender-based
Paragraph 8, General violence by State and non-State actors
Recommendation No. 33 including through legislation, policies
and protocols;
Women, Peace and Security continues to (b) Prevent, investigate and punish all forms
be a crucial component within the CEDAW of gender-based violence, in particular
framework and the Security Council sexual violence perpetrated by State
Agenda and the protection and promotion and non-State actors; and implement a
of the rights of women in the context of a policy of zero tolerance;
conflict has been extensively discussed by (c) Ensure women’s and girls’ access
CEDAW, in General Recommendations No. to justice; adopt gender-sensitive
30 on women in conflict prevention, conflict investigative procedures to address
and post-conflict situations and No. 33 on sexual and gender-based violence;
women’s access to justice. conduct gender-sensitive training and
adopt codes of conduct and protocols
4.1 General Recommendation for the police, the military, including
No. 30 peacekeepers; build the capacity of
the judiciary, including in the context
General Recommendation No. 30 recognizes of transitional justice mechanisms to
the impact of conflict and women’s ensure their independence, impartiality
exclusion from conflict prevention efforts, and integrity;
post-conflict transition and reconstruction
processes and aims to guide States (d) Collect and standardize data collection
parties to protect women’s human rights methods on the incidence and
at all times by taking concerted efforts to prevalence of gender-based violence,
advance substantive gender equality. While in particular sexual violence in different
promoting accountability in terms of acts of settings and against different categories
sexual violence perpetrated by State actors, of women;
4Guidelines on Bias and Access to Justice:
Addressing Stigma of Conflict Related Sexual Violence Survivors
(e) Allocate adequate resources and adopt victim survivors. It calls on State parties
effective measures to ensure that to enhance women’s access to justice by
victims of gender-based violence, in providing legal aid and effective and timely
particular sexual violence have access remedies by taking into account their needs
to comprehensive medical treatment, and the nature of the violation.
mental health care and psychosocial
support; 4.2 General Recommendation
No. 33
(f) Develop and disseminate standard
operating procedures and referral General Recommendation No. 33 expands
pathways to link security actors with on access to justice in detail and provides
service providers on gender-based a variety of recommendations aimed at
violence, including one-stop shops empowering women through the creation
offering medical, legal and psychosocial of an independent, impartial, credible and
services for sexual violence survivors, accessible justice system. It recognizes
multipurpose community centers that link the fact that women in general are often
immediate assistance to economic and faced with obstacles like discriminatory
social empowerment and reintegration, laws, gender stereotypes, intersecting or
and mobile clinics; compounded discrimination, procedural and
evidentiary requirements and practices and
(g) Invest in technical expertise and allocate
inaccessible judicial mechanisms that hinder
resources to address the distinct needs
their right of access to justice.
of women and girls subject to violence,
including the impact of sexual violence The General Recommendation identifies six
on their reproductive health. interdependent components forming part of
a gender equal justice system. They are,
(h) Ensure that national responses include justiciability [unhindered access to justice
specific interventions linking and aligning and empowerment of women to access
the prevention and response to gender- justice], availability [of courts and other
based violence and HIV. judicial bodies, in rural and urban areas],
accessibility [of justice systems that are
General Recommendation No. 30 goes on
affordable, accessible and adapted to the
to recognize the duty that is incumbent upon
needs of women], good quality [of justice
all States parties to create and facilitate an
systems that comply with international
environment in which access to justice for all
standards of competence, independence and
victim survivors of violations of human rights
impartiality, that provide effective remedies
in the context of the war, is assured. The
within a gender sensitive and participatory
recommendations provided in Paragraph
framework], provision for remedies [that
80, requires States parties to ensure a
enable women to receive viable protection
comprehensive approach to transitional and meaningful redress] and accountability
justice that is gender sensitive and gender [through the monitoring of the functioning of
equal; one that combats impunity and justice systems].
enhances criminal accountability; a system
with laws and procedures that prevent the The Committee provides a variety of
re-victimization and re-stigmatization of recommendations to ensure equal access
to justice and the independence, impartiality,
5Guidelines on Bias and Access to Justice:
Addressing Stigma of Conflict Related Sexual Violence Survivors
integrity and credibility of the judiciary. It and review the independence and efficiency
emphasizes the need to create a justice of the justice system and administrative
system in which professionals handle cases bodies that have an effect on the realization
in a gender sensitive manner, and are of women’s rights.
monitored through an oversight mechanism
General Recommendation No. 33 identifies
to ensure the proper functioning of the justice
that the principle of equality before the law
system. To guarantee fair judicial treatment
cannot be given effect to without abolishing
of women, it necessitates the revision of
laws, procedures, regulations, customs
rules of burden of proof to ensure equality
and practices that implicitly or explicitly
between the parties and the implementation
discriminate against a woman and create
of mechanisms to ensure that evidentiary
impediments in the exercise of a woman’s
rules, investigations and other legal and
right of access to justice.
quasi-judicial procedures are impartial and
not influenced by gender stereotypes or Gender stereotypes and biases that are
prejudices. latent in society have the potential to
infiltrate a justice system. Preconceived
The Committee recognizes that women
notions and perceptions of gender, that can
whose rights have been violated are
make a person ridicule a victim survivor
vulnerable to further victimization and
at a village grocery shop, can very well
therefore requires States parties to protect
be the same line of thinking that forms
women complainants, witnesses and
the mindset of a judge, prosecutor or law
defendants against threats, harassment,
enforcement official in respect of a victim
sexual violence and stigmatization during
survivor of CRSV who comes before a court
and after legal proceedings and to take
seeking justice. The Committee places a
measures to protect their privacy and/or
high degree of importance on education,
anonymity.
awareness raising and capacity building on
Sexual violence in conflict stigmatizes the overarching impacts of stereotypes and
women in many ways and prevents them from biases and requires state parties to take
accessing essential services. Therefore, the effective measures to educate the general
Committee recommends that justice access public and the diverse State and non-State
centers, which provide an array of legal and actors whose decisions have an impact on
social services be established to reduce the the everyday lives of victim survivors.
number of steps that a woman has to take
to access justice. Further, the Committee When things like this happen we are
recommends that State parties mandate treated like criminals, when we are
institutional reforms, repeal discriminatory the victims. What happened to us are
legislation, provide legislation that are crimes. It’s unfair. This should change.
in accordance with international human We should have the ability to live
rights standards and determine reparation normal lives in society. We deserve
measures in relation to cases of sexual to be respected in society, because
violence in conflict. we are not criminals. The attitudes in
society must change.
Access to justice cannot be asserted on
the long run if effective and adequate Sinhala victim survivor from
mechanisms are not set in place to audit Anuradhapura
6Guidelines on Bias and Access to Justice:
Addressing Stigma of Conflict Related Sexual Violence Survivors
5. Guidelines on Bias to 5.1 Recommendations
address Stigma of
Conflict Related Sexual I cannot possibly explain how it feels
Violence like when four men walked into my
home while I was asleep, pinched me
in the thigh so that it would hurt me
The society, culture or religion will not
and woke me up. Although the injustice
help the victim. They will always blame
happened to me without my consent,
the women and they put pressure on
the society and culture fails to accept
women, they have to suffer a lot.
the justice the victim deserves. My
Tamil victim survivor from neighbours view me as a stigmatized
Killinochchi and scarred individual.
Stigma associated with CRSV can be a
Tamil victim survivor from the North
lasting or life threatening problem, but it is
one that can be avoided if policymakers
take concerted efforts to address the causes The recommendations given below
and consequences that fuel stigma against should be given effect to by all relevant
victim survivors of CRSV and their families. stakeholders as part of a rights-based,
The Principles for Global Action to prevent victim-centered, comprehensive approach
and address Stigma associated with CRSV aimed at facilitating greater participation of
recognizes stigma as one perpetuated by victim survivors of CRSV in society and in
gender identity, social instability, culture, enabling the free exercise and enjoyment
power and societal inequalities. The of their economic, social, civil, political and
survivor-centered recommendations and cultural rights.
comprehensive Guidelines provide victim
survivors, policy makers, practitioners 1. Multi-stakeholder engagement :
and other stakeholders the means to end Encourage dialogue among the various
stigma associated with CRSV and enable stakeholders on matters concerning the
the recovery and restitution of CRSV victim rights and lives of victim survivors of
survivors. CRSV and the formulation of institutional
reforms in countering bias. Create
The measures proposed to prevent and an environment that is receptive to
respond to stigma of CRSV is vital in change, in terms of attitudes and norms
addressing the biases that operate against that institutionally feed gender based
victim survivors as a result of such stigma. discrimination against CRSV victim
The Guidelines on Bias to address Stigma survivors.
of CRSV aims to encourage multiple
2. Law and policy reform: Ensure
stakeholders to take the initiative to act with
that the substantive and procedural
responsibility, impartiality and independence,
law is amended to prevent bias and
to enable victim survivors and their families
discrimination against victim survivors
to participate in society as equals.
of CRSV. Further, ensure that the law
relating to victim survivors is in line with
7Guidelines on Bias and Access to Justice:
Addressing Stigma of Conflict Related Sexual Violence Survivors
Sri Lanka’s international legal obligations. biases and stigma that operates against
Reform laws and policies on the basis her.
of investigative and inclusive studies
8. Prevention: Ensure that concerted
that are reflective of the ground realities
efforts are taken to address the
concerning these individuals.
underlying causes of bias against CRSV
3. Training and education: Provide victim survivors and make necessary
means to counter bias that is latent within interventions to protect the interests of
the system by initiating extensive and those vulnerable to further violence and
meaningful training and capacity building discrimination.
programs. This type of awareness
9. Awareness: Promote widespread
is essential in every sector identified
dialogue concerning the social
below, in order to ensure that victim
responsibility of creating inclusive com-
survivors will experience little or no bias
munities; challenge gender stereotyp-
throughout their journey of recovery and
ing and inequalities by utilizing as many
reintegration.
platforms as possible, to reach all stake-
4. Resources and funding: Provide the holders who have an impact on victim
required resources and funding to the survivors of CRSV.
relevant stakeholders, to implement
policies that are aimed at countering bias 5.2 A Model to Counter Bias
experienced by victim survivors.
5. Accountability and supervision: Create Earlier, I was living happily and
independent supervisory mechanisms for peacefully with my husband and children.
accountability and transparency in order I felt a sense of fulfillment that we were
to ensure that stakeholders carry out their returning to our homeland even after
duties conscientiously and impartially. the war, displacement and the effects of
6. Empowerment of victim survivors: war. We were slightly worried about the
Support credible initiatives involving micro military when we resettled. As feared,
finance, stand-alone credit programs, they proved their brutality since the very
and educational/vocational/technical/ second day of our resettlement. I couldn’t
livelihood training programs which find peace afterwards. It remains as a
have the potential to increase women’s raw and unhealed wound in my life.
independence and economic and social Tamil victim survivor from the North
power. Provide short term and long term
support to individuals and organizations
who work with victim survivors of CRSV. The model for understanding stigma
provided in the document, Principles for
7. Victim survivor centered support
Global Action: Preventing and Addressing
networks: Encourage local/national
Stigma Associated with Conflict Related
networks that create a space for victim
Sexual Violence forms the foundation for
survivors to share their lived experiences.
these Guidelines. The Guidelines will make
In knowing that there are others who have
interventions in three operational levels,
suffered a similar fate, a victim survivor of
namely the structural level, community level
CRSV may be empowered to tackle the
8Guidelines on Bias and Access to Justice:
Addressing Stigma of Conflict Related Sexual Violence Survivors
and interpersonal level. It is important to
note that these Guidelines are by no means
Society thinks that we have bad
exhaustive in nature, and are simply a
characters and that we were raped
pathway set out to effectively counter bias
because of a fault of our own. We are
experienced by victim survivors of CRSV at
treated very badly. Our culture is to
different operational stages.
detest those who have been sexually
Initially the police didn’t cause violated. We don’t belong in this society.
any problems when the incident We are not even allowed to participate
happened. But they got agitated once in cultural events. I lost a lot of people.
they started collecting the evidence My relatives said that I had ruined their
and when those who were arrested reputation. I was ill treated by my own
asked for bail. But as time passed family members. I couldn’t go to any
by, they tried to approach me with respectable place in the village. I had
hatred. A Sinhala police officer who no social standing. No one wanted to
knows Tamil posted at Kilinochchi have anything to do with me.
Police station once shouted at me
that because of me, four of the
Sinhala victim survivor from
perpetrators are going to be jailed Polonnaruwa
for more than three years and that
I am going to get more than twenty The targeted audience of the Guidelines
lakhs because of this. I didn’t reply or include (and is not limited to) a number of
respond. persons and institutions that may have
Tamil victim survivor from the North a profound impact on the life of a victim
survivor of CRSV. They include:
Structural level interventions aim to counter
- Police and the Armed Forces
bias within the political and administrative
- Medical and Health professionals/
environment, law and policy making
personnel
processes, transitional justice mechanisms,
- Witnesses and first responders
judicial and law enforcement procedures
- Lawyers, Prosecutors, Judges and
and standards, processes and responses
Courts
concerning victim survivors of CRSV.
- Government institutions and officials
Community level interventions aim to - Service providers
counter bias within communal environments, - Private sector actors
including civil society and media and to - Media
influence and change the discriminatory - Civil society
thought processes and value systems that - Places of worship and religious
perpetuate bias. leaders
- Families/relatives/peers of a CRSV
Interpersonal level interventions aim to
survivor
counter bias experienced by victim survivors
- Every individual who associates a
at the hands of their family members, peers,
survivor of CRSV and the community
service providers and community members.
at large
9Guidelines on Bias and Access to Justice:
Addressing Stigma of Conflict Related Sexual Violence Survivors
‘the stigma of culpability rests squarely with
He raped me first. Then he asked the perpetrator.’.
his friend to rape me. He kicked me.
Specialized training materials have
Hit me. He said that women can’t be
been formulated by the Department of
proud and refuse a man the way I did.
Peacekeeping Operations/Department of
I know this man very well. But I didn’t
Field Support of the UN to understand the
do anything. I didn’t go to tell anyone
relevance, challenges and organizational
about it. I was afraid to go to the police
response to CRSV and to train commanders,
because he was in the army. I was
staff, Military Experts on Missions and
worried that he would come after me contingents on the role and responsibility of
and my family. I didn’t seek justice. I the Military Component in addressing CRSV
was afraid. I was afraid of him and of challenges in a peacekeeping mission.
facing the society. Further, the United Nations Conflict-Related
Sinhala victim survivor from Sexual Violence Specialized Training
Polonnaruwa Materials for Troop Contributing Countries
provides an array of strategic measures to
5.3 International Best Practices improve collective response to CRSV.
UN Women has been carrying out extensive
Sexual violence perpetrated in conflict and
work in the area of CRSV and many of the
the stigmatization that follows is a global
policy documents and publications address
reality that has to be effectively dealt with by
the complex root causes and consequences
post conflict societies. Peace-building and
of sexual and gender based violence. The
reconciliation efforts must take adequate
document ‘Practical, cultural and political
measures to ensure that justice is done,
roadblocks: A way forward for addressing
and that trauma and perceived dishonour
the needs of conflict related sexual violence
experienced by ostracized victim survivors
victims/survivors and their children’,
is addressed within a cohesive, gender
reiterates that the effects of stigma can be
sensitive and gender equal structure aimed
addressed only through a context specific,
at reintegrating these victim survivors of
victim centered approach that understands
CRSV. With the increased use of sexual
the economic, political, social, cultural and
violence as a tactic of war, there has been
religious obstacles. It identifies that ‘the social
heightened alarm and renewed interest in
barriers that inhibit many survivors from
the area of stigma experienced by victim
reporting their experiences include stigma,
survivors of CRSV, within the UN system,
fear of reprisals, and a lack of confidence in
international judicial mechanisms and
national institutions.11 Fear that they will not
among State and non-State actors.
benefit from justice options also deters many
The UN Secretary General in his report in survivors from reporting. The Global Study
2017 observes that ‘shame and stigma are on the Implementation of United Nations
integral to the logic of sexual violence being Security Council Resolution 1325 found
employed as a tactic of war or terrorism: that women do not report violence in conflict
aggressors understand that this type of predominantly because of the lack of easily
crime can turn victims into outcasts, thus accessible services or ways to report safely,
unravelling the family and kinship ties that receive help and be treated with dignity.’.
hold communities together’ and asserts that
10Guidelines on Bias and Access to Justice:
Addressing Stigma of Conflict Related Sexual Violence Survivors
Cooperation between Civil Society Actors for International Criminal Investigations in
and Judicial Mechanisms in the Prosecution February 2016, provides comprehensive
of Conflict Related Sexual Violence: guidelines, through a nuanced approach to
Guiding Principles and Recommendations, understanding the potential personal and
has been formulated by the International structural biases that can affect information
Nuremburg Principles Academy to support gatherers, service providers, researchers,
the investigation and prosecution of conflict- authors and publishers of reports, judicial
related sexual violence by exploring and law enforcement officers etc.
the potential for effective cooperation
Guidelines for Medico-Legal Care for
between judicial mechanisms, both
Victims of Sexual Violence formulated by
national and international, and civil society
the WHO recognizes the role of bias in
actors. Impartiality and independence
service provision and provides a range of
has been identified as a core general
guidelines that are useful to medical and
principle of cooperation, whereby Courts
health professionals who provide care to
(and prosecutors, where they operate
victim survivors of CRSV and policy makers
independently of courts) and civil society
in charge of health services and transitional
actors are required not only to operate
justice mechanisms.
impartially and independently, but they must
be seen to do so as well. Various entities have formulated mechanisms
in diverse fields and ways to address bias
Guidelines for Investigating Conflict-Related
and stigma related to sexual and gender
Sexual and Gender based Violence against
based violence.
Men and Boys formulated by the Institute
National Association of Women Judges in Uganda has been engaged in capacity
building of judicial officers to use international instruments when deciding cases involving
discrimination or violence against women. Training attempts to improve the capacity of
judicial officers to detect bias and deliver gender sensitive judgments.
Women’s Initiative for Gender Justice operates globally to ensure gender equality and
justice for women and attempts to ensure that the ICC advances gender justice through
its operations. It continues to carry out gender sensitizing training for ICC judges,
prosecutors and staff to contextualize sexual violence in conflict within a broad and
gendered perspective, and provide impartial and independent judgments where CRSV
victim survivors are concerned.
11Guidelines on Bias and Access to Justice:
Addressing Stigma of Conflict Related Sexual Violence Survivors
Gender Equity Movement in Schools [GEMS] in India is an initiative that engages young
adolescents on issues of gender and violence, by challenging long held societal gender
roles and stereotypes. This gender program included in the curriculum aims to create
attitudinal changes in support of equitable norms.
Latin American Model Protocol for the investigation of gender-related killings of
women (femicide/feminicide) developed by the Regional Office for Central America
of the United Nations High Commissioner for Human Rights (OHCHR) provides that
‘impartiality demands that judicial actions are not affected by prejudices or stereotypical
notions about the attitudes, characteristics, or roles of the victims or defendants.’ The
extensive analysis of standards in this regard obligates authorities ‘ to start without delay,
a serious, impartial and effective investigation using all available legal means, aimed at
determining the truth and the pursuit, capture, prosecution and eventual punishment of
all the perpetrators of the facts, especially when public officials are or may be involved.’
Cambodia’s II National Action Plan to Prevent Violence against Women (2014–2018)
identifies primary prevention, legal protection and multisectoral services, formulation
and implementation of laws and policies, capacity building and review monitoring and
evaluation as priority areas of focus when addressing sexual violence perpetrated against
women. Policies focus on creating awareness of gender equality through education and
media.
Psychosocial support in Gender Based Violence (GBV) Prevention and Response Project
is a partnership between UNFPA and the Centre for Mental Health & Counselling –Nepal
entails activities such as building capacity of community psychosocial workers, providing
clinical supervision, providing psychological and mental health services and trauma
counseling to highly distressed victims.
Intervention with Microfinance for AIDS and Gender Equity (IMAGE) is a program in rural
South Africa that targets women living in the poorest households and combines financial
services with capacity building sessions on cultural beliefs, HIV prevention and gender
norms.
12Guidelines on Bias and Access to Justice:
Addressing Stigma of Conflict Related Sexual Violence Survivors
5.4 Guidelines on Bias framework or National Action
Plan on addressing bias against
victim survivors of CRSV, with the
Victims who are affected by sexual participation of all relevant line
violence like us, should be able to bring ministries and other stakeholders
this to light and be able to access justice and ensure that short term and long
for what has happened. We should also term commitments are identified for
make sure that this doesn’t happen more effective implementation.
again to someone else.
c. Ensure equitable representation of
Male victim survivor from Batticaloa women in politics, higher levels of
government institutions, the judiciary,
law enforcement, armed forces
Bias is generated from a particular thought
and transitional justice processes
process that inherently places one at an
to reinforce gender equality and
advantage by giving rise to a thought sensitivity towards the needs of
process that disadvantages another. How women and vulnerable communities.
do you counter a thought process like bias,
d. Take steps to ensure that all
that is so subjective, personal and implicit to
measures and mechanisms provided
a great extent, is a question that many would
to address bias against CRSV
seek answers for.
victim survivors operate in Sinhala,
Though bias is a manifestation of a particular Tamil and English, with facilities
world view that has been ingrained in for interpreters and translators
peoples’ minds over time, it is one that can where necessary, to create greater
be countered, if concerted efforts are taken inclusiveness.
to prevent, respond to and challenge the e. Ensure that the structural level
propagation of gender biases in general. It interventions made are effective
is one that requires the genuine commitment enough to build trust in the
of all relevant stakeholders working within a government institutions and those
comprehensive framework set out to address which provide services, in order to
bias directed against victim survivors of encourage victim survivors to reach
CRSV and it is in this context that the out, report the crimes committed
following Guidelines have been formulated. against them and freely access the
services they are entitled to.
1. Structural Level Interventions f. Ensure that substantive laws, court
procedures and traditions that
a. Recognize victimhood, by making a
explicitly or implicitly encourage
positive political commitment by the
discrimination and bias against
formal recognition of victim survivors
women in general, and victim
of CRSV, instead of denying the
crimes that were perpetuated against survivors of sexual violence in
them in the context of the war. particular are reformed and are
regularly reviewed to ensure that they
b. Provide a comprehensive and comply with standards of fairness
multisectoral national policy and impartiality.
13Guidelines on Bias and Access to Justice:
Addressing Stigma of Conflict Related Sexual Violence Survivors
g. Provide special legal protection to specialized units and/or teams
victim survivors of sexual violence within institutions, consisting of
that has taken place in the context independent analysts, consultants,
of the conflict by creating a judicial interpreters, translators and medical/
system that is equipped to carry psychosocial experts, to monitor the
out independent and effective investigation of CRSV related cases
investigations/prosecutions/trials. and address potential cases of bias
and discrimination.
h. Ensure that the law relating to victim
survivors of CRSV is in line with n. Recruit and train competent
international legal obligations and individuals, as research officers who
the transitional justice framework will assist the investigation process
adopted by Sri Lanka. by carrying out prior in depth research
and analysis relating to CRSV for the
i. Enhance victim and witness
purpose of information and evidence
protection laws and direct resources
collection.
and funding and/or partner with
credible human rights organizations o. Invest in awareness raising, training
to provide short term or long term and capacity building of staff through
shelter, protection and support to well-coordinated and effective
victim survivors. programs aimed at carrying out proper
investigations. These programs
j. Coordinate and/or partner with
should create awareness in different
activists and local, national and
aspects. Programs must provide a
international organizations that work
broad understanding of the relevant
with victim survivors of CRSV, to
substantive, procedural, evidentiary
help them gain access to justice and
law and legal principles relating to
receive actual data sets that could
CRSV and rules concerning non-
enable better policy making.
discrimination, natural justice,
k. Provide codes of conduct and equal and respectful treatment of
comprehensive guidelines that bind victims, confidentiality, attitudes
law enforcement and prosecutorial and demeanor when interviewing a
officers to carry out thorough, victim etc. Training to create gender
independent, unbiased and effective sensitivity must challenge gender
investigations into acts of CRSV. stereotypes and address issues
l. Ensure that officers, both male and concerning the scale, causes, varied
female, who deal with a victim’s nature and consequences of CRSV
testimony and document statements and the effects of stigmatization
are trained to do so accurately, in that internalize feelings of shame.
a language the victim understands Officers must be trained and well
or with the help of a translator or equipped to make it easier for victim
interpreter, in order to ensure that the survivors/witnesses to disclose their
statement so written is an accurate experiences of CRSV and they must
reflection of the lived experience. be trained to handle situations where
there could potentially be opposition
m. Establish temporary or permanent
or blockades from the government,
14Guidelines on Bias and Access to Justice:
Addressing Stigma of Conflict Related Sexual Violence Survivors
community or other stakeholder in photographs and extensive personal
the investigation of CRSV. details with or without the informed
p. Provide mechanisms and institutions consent, which can further endanger
to hold officers accountable for the lives of victim survivors; provide
committing or attempting to commit information concerning possible
sexual violence or take any stance avenues to receive help and redress.
that may even have the slightest b. Encourage and engage more
appearance of bias and discrimination people on social media platforms to
against victim survivors of CRSV. addressing everyday sexism, gender
q. Provide codes of conduct and based discrimination and harassment
ethics and enforceable rules that could eventually lead to graver
that govern judges, prosecutors, sexual offences that stigmatize
lawyers, litigants, jurors and court women. Take positive measures to
officials; invest in awareness raising prevent the stigmatization, shaming
and capacity building programs and online bullying of victim survivors
to counter judicial biases against of CRSV or any other form of sexual
women in general, and victim violence.
survivors of CRSV in particular; and c. Support initiatives to carry out
create accountability mechanisms to awareness campaigns, air
address cases of bias.
documentaries and publish/telecast
r. Establish a monitoring mechanism reports via media outlets and educate
under the transitional justice the masses about the nature of
framework in Sri Lanka, with the CRSV, its impacts on individuals and
participation of local and international family units and the responsibility
resource persons to ensure that of communities to support them,
all relevant stakeholders carry out instead of condoning the acts of
their duties devoid of bias and perpetrators.
discrimination in respect of victim
d. Ensure that individuals and civil
survivors of CRSV.
society organizations that work on
2. Community Level Interventions matters concerning victim survivors
of CRSV provide competent and
a. Introduce comprehensive guidelines
reliable assistance and maintain
and protocols that bind mainstream
professionalism in their interactions
media on ethical and responsible
with victim survivors to prevent any
reporting of cases concerning sexual
further danger.
violence in general and CRSV in
particular. These guidelines should e. Take all necessary measure to
ensure that media reports take the sensitize and educate children, youth
opportunity to educate and sensitize and adults in schools, universities,
the public about the plight and rights vocational training institutes, work
of victim survivors of CRSV; avoid places etc., of the appalling nature of
sensationalizing and normalizing CRSV and the importance of creating
SGBV; avoid using prominent an inclusive environment for victim
placements, catchy phrases, survivors of CRSV or their loved
15Guidelines on Bias and Access to Justice:
Addressing Stigma of Conflict Related Sexual Violence Survivors
ones, to reintegrate into society. b. Ministries that provide essential
services to victim survivors of CRSV
f. Carry out educational and awareness
should ensure that the staff is trained
campaigns through the relevant line
to deliver services without bias
ministries, government institutions,
and set up mechanisms to mentor,
provincial level institutions, Local
supervise and regularly review best
Authorities, District Secretariats
practices.
and Grama Niladari divisions aimed
at educating the general public on c. Encourage and/or partner with civil
matters concerning CRSV. Invest society organizations, interested
in training and capacity building of foreign governments and other non-
these officers whom the victims have state actors to receive specialized
to interact with for various purposes. assistance, donations, funding etc.
to provide victim survivors with the
g. Support initiatives to increase legal
services they need.
literacy of the public, especially
victim survivors of CRSV, in order to d. Establish free national helplines
educate them on possible avenues for victims/survivors to share their
of legal redress to report cases of stories and recruit committed and
CRSV and of cases where individuals reliable individuals, with relevant
have been discriminated against. qualifications and experience in
counseling, psychology and mental
h. Initiate and encourage interfaith
health related fields, to work flexible
dialogue with the participation of
hours, to listen and respond to them
religious leaders about gender
as necessary.
equality and non-discrimination
between the sexes. Encourage e. Implement policies and create a
religious leaders to use their positive dialogue concerning mental
platforms positively to influence health. Ensure that CRSV victim
thought processes and challenge survivors are provided emotional and
discriminatory practices and value psychosocial support to help them
systems by taking a rights based counter the psychological trauma
approach in the interpretation of and mental health issues they may
religious texts, in order to create a not acknowledge openly.
safe haven of inclusivity for victim f. Provide a comprehensive framework
survivors of CRSV. of guidelines or code of conduct
that binds medical and health
3. Interpersonal Level professionals/personnel, to ensure
Interventions that victim survivors are not
re-stigmatized at hospitals and
a. Ensure that Ministries and local
clinics while receiving treatment; to
government bodies implement make healthcare services accessible
developmental policies concerning and effective and ensure privacy; to
CRSV victim survivors and ensure maintain a degree of confidentiality
safe access to all the services that and professionalism when dealing
they are entitled to. with investigators and other service
16Guidelines on Bias and Access to Justice:
Addressing Stigma of Conflict Related Sexual Violence Survivors
providers; to create gender sensitivity
and prevent discrimination of any
kind; to ensure that those who have
the responsibility to carry out judicial
medical tests and submit reports
do justice to the victim survivor by
stating nothing but the truth.
g. Initiate and invest in capacity building
programs aimed at countering bias
and challenging gender stereotypes
and discrimination, for public
officers like Grama Niladaris, District
Secretaries, representatives in the
Local Authorities and their staff. Set
up mechanisms for accountability
and strict supervision to ensure that
these persons who are duty bound
to serve the public, do not violate
the rights of and re-stigmatize victim
survivors of CRSV any further.
h. Create awareness and educate the
public, especially in areas where
stigmatization of CRSV victims is
rampant. Challenge gender bias and
stigmatization of women who have
been subjected to sexual violence in
the context of the war.
17Guidelines on Bias and Access to Justice: Addressing Stigma of Conflict Related Sexual Violence Survivors 18
Centre for Equality and Justice
No. 325 A 1, Thimbirigasyaya Road, Colombo 05, Sri Lanka
Tel / Fax : +94 11 2055404
Email : srilanka.cej@gmail.com
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