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On 20 July 2018, CEDAW signed a framework of cooperation with the Office of the Special Representative of the Secretary-General on Sexual Violence in Conflict. Under this framework of cooperation, CEDAW and the Special Representative of the Secretary General on Sexual Violence in Conflict seek to advance the rights of women and girls by combating conflict-related sexual violence and supporting the implementation of the United Nations Security Council resolutions on women, peace and security and CEDAW’s General Recommendation No. 30 (2013) on women in conflict prevention, conflict and post-conflict situations. Based on the framework of implementation, CEDAW and the SRSG-SVC have exchanged information on countries of concern that the two entities have been seized of under their respective mandates. In 2018 OHCHR supported the mandate of the UN Special Rapporteur on trafficking in persons, especially women and children, on her thematic report to the General Assembly on the gender dimension of trafficking in persons and on integrating a human rights- based approach to trafficking in persons in the women, peace and security agenda of the Security Council, where she strengthened the link between trafficking in persons and conflict-related sexual violence(A/73/171)
The OHCHR supported the work of the SRVAW who presented two thematic reports to the Human Rights Council and the General Assembly in 2018 on online violence against women and violence against women in politic.
During the period under review, the OHCHR supported the SRVAW in producing a number of legal and policy recommendations in communications sent to over 50 Member States and recommendations issued after country visits to: Canada (11 to 23 April 2018); Nepal (19 to 29 November 2018).
The OHCHR supported the work of the SRVAW, and SUMEX along with other relevant mandates in issuing a statement calling for revocation of a bill to amend Guatemala’s National Reconciliation Law which has been the basis of trials involving human rights violations in the country since the peace accords of 1996, and would establish an automatic mechanism for extinguishing the criminal responsibility of all those responsible for serious violations of human rights committed during that period (22 February 2019).
The OHCHR supported the Working Group on the Issue of Discrimination Against Women in Law and in Practice (WGDAW) in formulating a series of recommendations aimed at supporting legislative development following its mission to Honduras (1-14 November 2018). It recommended to:
- Repeal laws prohibiting access to emergency contraception and liberalize abortion law so as to ensure access at least in cases where the pregnancy poses a threat to the life or health of the woman, where it is the result of sexual violence or in case of severe foetal impairment, as the first step;
- End the criminalization and judicial harassment of women human rights defenders, protect them from violence (including by private actors) and investigate crimes against them;
-Ensure that the media do not promote stereotypes and gender-based violence, and raise their awareness on violence against women and human rights defenders;
- Provide the necessary support to women candidates, address political violence against women and promote women’s participation in political life;
- Conduct sustainable awareness-raising campaigns to prevent violence against women in politics and effectively investigate cases;
- End the criminalization and judicial harassment of women human rights defenders, protect them from violence (including by private actors) and investigate crimes against them;
- Ensure that human rights education is taught in all public schools, covering women’s rights and gender equality, with a focus on prevention of gender-based violence;
- Regarding indigenous and Afro-Honduran women (including Garífuna) guarantee their access and full participation in decision-making; prevent and combat violence against them;
- Eliminate violence, discrimination and stigmatization against lesbian, bisexual, transgender, queer and intersex women, women with disabilities, women engaged in sex work/prostitution and women living with HIV and ensure their effective participation in political, civil, economic and social life and access to quality health services.
In Mali, OHCHR training military and government officials in relation to the prevention of CRSV by Malian actors. In 2017, 446 security officials, 132 members of the civil society organizations and 89 officials of the governmental institutions were trained to address and prevent CRSV.
In Ukraine, OHCHR documented and reported instances of CRSV, affecting women and men, both in the territory controlled by armed groups, and in Government-controlled territory. Following the release of the report in February 2017, OHCHR in Ukraine participated in 15 events to present the key findings of the report and recommendations. Overall approximately 495 people participated in these events at national and local levels from various groups – civil society, State institutions, international community. The report was instrumental to get the Government commitment to work towards addressing CRSV. OHCHR and UN Women helped the Government to develop the Strategy to prevent and address CRSV. In 2018, OHCHR and UN Women will continue joint work to integrate the developed Strategy to prevent and address CRSV into 1325 National Action Plan.
OHCHR-Guatemala provided technical assistance and closely followed up on key transitional justice cases in the country related to sexual violence committed during the armed conflict. This includes the Sepur Zarco case, in which two ex-military officials were found guilty (affirmed on appeal in July 2017), of crimes against humanity in the form of sexual violence and slavery against Q’eqchi’ women during the armed conflict and the ongoing Molina Theissen case, which involves the alleged 1981 rape of Emma Molina Theissen and the disappearance of her 14-year-old brother.
In Cambodia, OHCHR provided technical assistance for the drafting of a Law on Surrogacy in line with international human rights standards.
In Ukraine, OHCHR report on conflict related violence influenced the content of the amended the Criminal Code considered in December 2017 by the Parliament. In particular, a gender sensitive definition and the criminalization of sexual violence.
In Serbia, OHCHR provided substantive and legal advice for the drafting of and amendments to the Law on Domestic Violence and the Criminal Code.
In Honduras, OHCHR jointly with UNWomen, through technical assistance contributed to the strengthening of the definition of the crime of rape – in relation to the concept of “consent” – it also provided support for drafting a proposal on decriminalizing abortion in line with HR standards.
In Guatemala, OHCHR provided technical assistance to Congress in relation to draft bills both to support rights of women in the context of violence (such as the recently adopted reforms to the Criminal Code to prevent child marriage under 18 years) and to ensure that there are not regressions in this regard (draft bill 5272 to criminalize abortion).
In Haiti, OHCHR helped national stakeholders in identifying and addressing discriminatory laws against women for revision of the draft SGBV law in relation to the draft criminal code and criminal procedure code, in accordance with international standards.
In Kosovo, OHCHR conducted research on potential conflict related SGBV (Sexual and Gender Based Violence) survivors among non-majority communities in Kosovo. The research included desk review of all relevant documents, meetings and interviews with all stakeholders that might possess information including governmental entities, victim associations, international organizations and religious communities. It enabled access to information about 51 potential non-majority survivors. The follow-up consist in contacting survivors and facilitating verification of status and subsequent access to reparation programs.
The "Secretary-General Guidance Note on Reparations for victims of Conflict-related Sexual Violence" was launched in June 2014 by OHCHR and UN Women. The implementation of the note has been promoted in a number of contexts and has resulted into legislative revision (Kosovo), introduction of a specific reparation programme (Moldova) and pilot assistance programmes for victims (DRC).
OHCHR advocated the adoption of laws for reparations of survivors of sexual violence and worked to strengthen capacities of national rule of law and justice actors in order to address impunity for conflict-related sexual violence. OHCHR’s Guidance Note on reparations for victims of conflict-related sexual violence was published in June 2014 during the UK Summit on Sexual Violence in Conflict. This guidance note provided policy and operational guidance for Member States, UN agencies, development actors, and civil society organizations regarding reparations for victims of conflict-related sexual violence. In 2015, OHCHR provided support to strengthen the capacity of human rights component in Mali to monitor and investigate conflict-related sexual violence. Inputs and comments were provided on legislation on sexual gender based violence in a variety of countries to ensure compliance with international norms (including in Zambia, Belarus Bolivia, Paraguay, Chile, Somali, and Papua New Guinea). As part of the Team of Experts on the Rule of Law on Sexual Violence in Conflict, OHCHR continued to provide technical advice and capacity-building assistance to national authorities in addressing accountability for conflict-related sexual violence (in Central African Republic, Colombia, Côte d’Ivoire, the Democratic Republic of the Congo, Guinea, Liberia, Somalia and South Sudan).
UNODC was involved in the work of the global focal point for police, justice and corrections in post-conflict and other crisis situations, in relation to joint field missions, planning and programming, and in strategic and operational discussions at headquarters. Led by UNDP and the Department of Peacekeeping Operations, in partnership with Office of the United Nations High Commissioner for Human Rights (OHCHR), UN-Women and UNODC, the global focal point supports UN country presences in mission and non-mission settings.
OHCHR advised states on reforming laws and supported the formulation and implementation of laws to ensure compliance with international human rights standards. In 2015, OHCHR supported the elaboration and implementation of laws on sexual violence (in Afghanistan, Burundi, the Central African Republic, the Kurdistan region of Iraq, Nigeria), promoting victims’ and witnesses’ participation in peace processes and reconciliation (in Sudan, Darfur and the Central African Republic), and assisting victims of sexual violence (in the Democratic Republic of the Congo, Guatemala, Sudan, Tunisia). In Moldova, OHCHR assisted in the development and implementation of a project seeking to revise the prosecutorial guidance for rape investigations to ensure they are free from harmful stereotypes and in line with international standards.Through joint United Nations programming, OHCHR supported the development of a draft regulation in Kosovo on the verification of status of victims of sexual violence that occurred during the conflict. Also, technical advice was provided in Guatemala on reparations for victims of sexual violence with a view to influence the new national reparation scheme.OHCHR further assisted States in developing or revising family laws and legislation on issues such as violence against women (in Belarus, the Gambia, Myanmar, Senegal, Tunisia and Yemen).
As a member of the Team of Experts, OHCHR supported efforts to strengthen the capacity of national rule of law and justice actors to address impunity for conflict-related sexual violence.