Reparations for Women Victims of Sexual Violence: Challenges and Opportunities

Reparations for Women Victims of Sexual Violence: Challenges and Opportunities International Symposium on Sexual Violence in Conflict and Beyond Ruth Rubio Marín University of Seville Brussels, 21-23 June 2006

THE RESEARCH: ENGENDERING REPARATIONS • The premises • The project

The premises of the research • limits of criminal justice/truth telling in scenarios of massive and systematic violations of human rights • reparations may be the “most tangible manifestation of the efforts of the state to remedy the harms victims have suffered” • absence of gender justice considerations in reparations discussions

The structure of the project • Phase One: Country Studies Reparations for Women Victims of Human Rights Violations: Case Studies (Rubio Marín, ed.) forthcoming Executive summaries: www.ictj.org East Timor Sierra Leone South Africa Rwanda Peru Guatemala

Phase Two: Thematic Studies • Gender and Violence through the Lens of Reparations • Mainstreaming Gender in Reparations Programs • Sexual and Reproductive Violence through the Lenses of Reparations • The Widow, the Spouse, the Parents: Reparations of Family Members

Phase Two: Thematic Studies • Repairing Children and the Youth as Victims of Past Human Rights Abuses • Gender Aspects of Property Restitution • Gendered Dimensions to the Physical and Psychological Rehabilitation of Victims with a View on Reparations • Extending Microcredits as Reparations to Women

REPARATIONS: THE LEGAL AND POLITICAL FRAMEWORK • The legal framework; • The political project;

The legal framework • The Basic Principles and Guidelines on the Right to a Remedy and Reparation for Victims of Gross Violations of International Human Rights Law and Serious Violations of International Humanitarian [Law Resolution 2005/35, UN Doc. E/CN.4/2005/L.48]

The legal framework • Right to remedy: 1-access to justice 2- reparation for harm suffered 3- information concerning violations and reparations mechanisms

The legal framework • Reparations modalities: 1. Restitution 2.Compensation 3. Rehabilitation 4.Satisfaction 5. Guarantees of non-repetition

The political project Due Recognition to victims: • the recognition of the wrongful violation of victims’ rights; • the acknowledgment of state responsibility for those violations; • the recognition of the most serious harms to victims resulting from the violations; and • a serious attempt to help victims, however minimally, to cope with some of the effects and harms of the violations in their lives

The political project National reparations programs: 1. definition of victim 2. definition of beneficiary 3. definition of benefits: • a)material versus symbolic • b)individual versus collective

REPARATIONS FOR VICTIMS OF SEXUAL AND REPRODUCTIVE VIOLENCE A) The Status Quo: Trend to include victims of sexual violence in reparations programs (South Africa, Peru, Guatemala, Sierra Leone, East Timor)

B) Challenges: • General (political will, funding, lack of implementation, etc.) • Specific: 1.Substantive questions: -defining victims -defining beneficiaries -defining benefits 2.Procedural questions:

Substantive Questions 1.Definining the victim a)Violations: the “what”? *Vagueness as vice or virtue *The problem of under inclusiveness b)The contested political nature of the sexual violence: the “where” and the “who”? c)Male victims: ”to whom”?

Substantive Questions 2.Defining beneficiaries: going beyond the individual victim? a)Family members b)Children of rape c)Women as a group

Substantive Questions: 3.Defining adequate benefits: a)Restitution b)Rehabilitation c)Compensation d)Satisfaction and Guarantees of Non-Repetition - institutional reform - symbolic reparations

Procedural Questions 1. ensuring the representation of victims of sexual violence in processes of discussion, elaboration and implementation of reparations 2. ensuring victims´ access to reparations benefits • Rules of evidence • Confidentiality 3. sensitive timing of reparations process

The end... CREATIVE THINKING: THE DIFFERENCE THAT DIFFERENCE MAKES?!?

Reparations for Women Victims of Sexual Violence: Challenges and Opportunities