Team of Experts December 2020 Rule of Law/Sexual Violence in Conflict
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United Nations Team of Experts December 2020 Rule of Law/Sexual Violence in Conflict The United Nations (UN) Team of Experts on the Rule of Law and Sexual Violence in Conflict (the “Team”) was created by Security Council resolution 1888 (2009) to assist national authorities in strengthening the rule of law, with the aim of ensuring criminal accountability for perpetrators of conflict-related sexual violence (CRSV). This resolution recognized that CRSV is a threat to international peace and security, and that Member States affected by conflict need assistance to address impunity in order to prevent and deter future violations. The Team is the only dedicated Security Council mandated entity to provide this type of support on a global basis. The Team is based at the UN Headquarters in New York and deploys regularly to some of the world’s most challenging contexts. It has a unique “co-lead” structure that includes members from several UN entities to enable the UN to deliver as one in assisting Member States to address CRSV. The Team is led by a Team Leader who reports to the Special Representative of the Secretary- General on Sexual Violence in Conflict (SRSG-SVC), and currently comprises experts from the Department of Peace Operations (DPO), the Office of the United Nations High Commissioner for Human Rights (OHCHR), the Office of the SRSG-SVC and the United Nations Development Programme (UNDP), who each report to both the Team Leader and their respective entities. photo | elena hermona GIVEN THE IMPACT OF THE COVID-19 PANDEMIC AND MEASURES TAKEN AROUND THE WORLD, INCLUDING WORLDWIDE TRAVEL RESTRICTIONS, THE TEAM, IN LINE WITH THE GUIDANCE OF THE UN SECRETARY-GENERAL, AND However to ensure business continuity and to continue to meet the support RELEVANT HOST COUNTRY needs of survivors and Member States, the Team of Experts is utilizing a variety of approaches, including field based experts and communications technologies RESTRICTIONS, HAS SINCE to continue to collaborate with colleagues and partners both at headquarters and MID-MARCH PUT A HOLD ON field levels. The Team of Experts will continue to review the status of its activities ITS TRAVEL. regularly, taking into account the health and safety considerations of its members, as well as those of its national partners and communities it supports. 1 country engagements photo | minusca CENTRAL With support from the Team of Experts Technical On 15 September, a joint workshop was held with the AFRICAN Specialist deployed in country, the investigators Minister of Justice, UNDP, MINUSCA and the Team of and the Director of the Joint Rapid Response and Experts on the challenges limiting the efficient tracking REPUBLIC Prevention Unit for Sexual Violence against Women of judicial cases in the High Courts of Bangui and Bimbo. and Children (UMIRR) finalized the reports for two It aimed at addressing the lack of follow-up on judicial field investigations into incidents in Kaga Bandoro in files between UMIRR and the relevant jurisdictions, as August 2019 and in Bossangoa in August 2018. The well as within the responsible courts which delays and two cases involving 264 and 150 victims of CRSV negatively impacts accountability for CRSV crimes. respectively, are scheduled to be sent shortly to the The workshop allowed participants to identify the main Prosecutor’s Office in Bangui’s High Court. A lessons issues impacting case tracking and corrective actions, learned exercise will be held by the Team of Experts including technical trainings and the development of with the UMIRR and the UN partners to discuss good coordination mechanisms under the newly established practices and challenges around the management of national justice sector policy. these cases in 2021. COLOMBIA The Team of Experts, alongside colleagues in the technical support on the investigation, prosecution and Office of the SRSG-SVC, supported the preparation of adjudication of CRSV. the SRSG-SVC’s meetings with Colombian authorities, women human rights defenders and victims, on the Over the past months, the Team has been working with occasion of the Deputy Secretary-General’s virtual UN WOMEN, UNICEF and OHCHR in Colombia in the mission to the Colombia on 28 and 29 October 2020. development of a document on International Standards Noting that the Office of the SRSG-SVC is explicitly on the Prosecution and Adjudication of Conflict-related named in the peace agreement as accompanying the Sexual Violence, which provides information on the parties in the implementation of the gender provisions, national, regional and international legal framework the SRSG stressed that her Office is currently looking at on the prosecution of CRSV and provides examples of possibilities for political and technical re-engagement good practices, including by the Team of Experts, with in Colombia, including through the technical support the aim to supporting efforts of the transitional and of the Team of Experts. Building on these meetings, ordinary justice system in Colombia in addressing these and in cooperation with co-lead entities counterparts, crimes. The document is currently pending finalization the Team of Experts is currently carrying out an and will be published in the first quarter of 2021. internal virtual assessment to identify possible areas of 2 photo | monusco NTABO NTABERI SHEKA, LEADER OF THE ARMED GROUP DEMOCRATIC NDUMA DEFENSE OF CONGO (NDC) UPON HIS SURRENDER TO REPUBLIC OF MONUSCO ON JULY 26, 2017. THE CONGO On 24 November, the Team of Experts welcomed mass crimes committed between 2010 and 2017, the decision of the Cour Militaire Opérationnelle including the mass rape of 387 civilians. The Team of North Kivu in the landmark “Sheka case”. The of Experts provided technical assistance to the conviction and sentencing of Ntabo Ntaberi investigation, prosecution and trial. In the coming Sheka – part of the Nduma Defence of Congo weeks the Team of Experts, in close collaboration armed group (NDC-Sheka) – on charges that with MONUSCO will facilitate a consultation to surrender of sheka included rape, sexual slavery and the recruitment discuss the challenges and opportunities inherent of children represents further progress for to the enforcement of the decision, especially in accountability for sexual violence in conflict in relation to the victims. In mid-January, the Team conviction the DRC. He and co-conspirators, including will organize a one-day workshop on lessons & sentencing Séraphin Nzitonda Habimana, also known as learned. Both meetings will bring together national Lionceau, of the so-called Democratic Forces for and international partners who, in the last ten the Liberation of Rwanda (FDLR), were tried for years, have worked on this file. GUINEA The Team of Experts continued to engage on work through the deployment of a senior judicial Guinea, closely following the human rights advisor, who during this period has provided situation on the ground following the 18 October remote advisory support to national authorities, 2020 presidential election and discussing civil society and the UN system on the ground. with partners its impact for the trials of the 28 September 2009 events. The Team continues to 3 photo | unami IRAQ In 2019, the Team of Experts provided In late 2020, the Council of Representatives again recommendations to a draft Yazidi Survivors Bill considered the Yazidi Survivors Bill and draft put forward by the President and the Council of legislation put forward by civil society. The Team Representatives to ensure a holistic and survivor- participated remotely in a workshop on the bill in centered delivery of victims’ assistance to December 2020 in conjunction with members of survivors of ISIL’s sexual violence. In the same Iraqi government, the Coalition for Just Reparations, year, the Team also gave input to the Coalition for and the United Nations on the ground in Iraq. The Just Reparations, an alliance of Iraqi civil society Team continues to follow and work with partners daesh organizations representing the span of Iraq’s ethnic to strengthen the bill as it moves forward in the and religious groups about victims’ assistance and Parliament. reparations in the wake of ISIL’s crimes. MALI Following on its 2019 technical assessment, the Team crisis, still pending before the Malian national of Experts in close collaboration with MINUSMA, is courts. The workshop is scheduled for mid-January preparing a workshop on the implementation of its with the aim to develop an action plan to move recommendations to prompt the conclusion of the forward with the pending cases. existing cases of CRSV related to the 2012-2013 MYANMAR In June, the Team of Experts participated in the UN- The Team of Experts continued to follow justice wide joint discussions on accountability in Myanmar/ developments relating to sexual violence in Bangladesh. The Team presented on the provisions Myanmar through the International Court of of the Joint Communiqué with Myanmar and the Justice, International Criminal Court, the IIMM, Framework of Cooperation with Bangladesh. The and jurisdiction in third states. presentation also highlighted the challenges faced not only in pursuing justice, but also in deploying personnel in country. 4 photo | wayamo foundation NIGERIA The Team of Experts contributed to the Train-the- prosecution of sexual and gender-based violence. Trainer component of the International Criminal Participants included members of the Nigerian Law course conducted by Wayamo and the Institute of Advanced Legal Studies, the National