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The international legal framework

IS 1.4

Section One: GBV BASICS and how they relate to GBV COORDINATION

Section One:

GBV BASICS

and how they relate to GBV COORDINATION

4. The international legal framework

What is an international legal framework?

An international legal framework is comprised in general of the following three elements

Why is it important for humanitarian actors to be

familiar with the international legal framework

that applies to GBV?

The United Nations is founded on the principles of peace,

justice, freedom and human rights. It is the responsibility

of all humanitarian actors to strive to implement these

principles in their work, in order to protect and promote the

safety and well-being of those affected by an emergency. In

1997, the UN Secretary- General formalized this commitment

by calling on the entire UN system to mainstream human

rights into the UN’s various activities and programmes.

The Sphere Standards—to which hundreds of humanitarian

actors, international agencies, NGOs and donor institutions

are committed—also articulate a commitment to these basic

principles through the Humanitarian Charter, which reasserts

the right of populations affected by disaster (humanitarian

emergencies and natural disasters) to protection and

assistance in a manner that supports their life with dignity.

In 2006, the IASC issued new guidelines on humanitarian assistance in natural disasters: Protecting

Persons Affected by Natural Disasters: IASC Operational Guidelines on Human Rights and Natural

Disasters. These guidelines focus on human rights challenges that are often neglected during

natural disasters and serve as a reminder that “human rights are the legal underpinning of all

All international actors responding

to an emergency have a duty to

protect those affected by the crisis.

According to the IASC Gender

Handbook (p.12), protection is

widely deﬁned as all activities

aimed at obtaining full respect

for the rights of the individual

in accordance with the letter and

spirit of relevant bodies of law.

Protection activities aim to create

an environment in which human

dignity is respected, speciﬁc

patterns of abuse are prevented or

their immediate effects alleviated,

and digniﬁed conditions of life

are restored through reparation,

restitution and rehabilitation. The

international legal framework

forms the basis of this protection

work.

Critical to know

‘Hard Law’

‘Soft Law’

Special UN

Procedures

These are ‘legally binding’ for states.

• International human rights conventions

• International humanitarian law

• UN resolutions

These are non-binding, but carry signiﬁcant moral commitment and

responsibility in the international community.

• International guidelines

• International conference documents, declarations, programmes of action

These help to facilitate the implementation of laws, conventions,

declarations, etc.

• UN monitoring committees, special envoys, special rapporteurs, other

experts

Adapted from Bossman, M., PowerPoint presentation for training on Coordination of Multi-Sectoral Response to

Gender-based Violence in Humanitarian Settings (Ghent, Belgium, 2008).

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The international legal framework

IS 1.4

Section One: GBV BASICS and how they relate to GBV COORDINATION

humanitarian work pertaining to natural disasters” (p. 9). In fact, they serve as a reminder that

human rights are the basis of ensuring protection and therefore underpin all humanitarian work.

Understanding and expressing the human rights aspects of humanitarian intervention is crucial

when combating GBV. Addressing GBV requires efforts to ensure that the discriminatory policies

and practices that are its foundation are eradicated. All those working on GBV prevention and

response therefore have a responsibility to familiarize themselves with the international, regional

and national laws and standards that relate to GBV in order to act in accordance with them and

guide others—states, communities and individuals—to meet their obligations to promote and

protect human rights.

The IASC GBV Guidelines are very explicit about this responsibility as it relates to GBV partners’

roles in promoting protection for those at risk of GBV: “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”

(p. 36). According to the IASC GBV Guidelines, protection responsibilities related to GBV

include advocating for the rights of victims of sexual violence and pressuring states to conform

to international standards that promote protection against sexual violence. All partners in GBV

coordination should therefore know the international legal framework that relates speciﬁcally to

GBV. (See Annex 2 for a list of major milestones related to GBV in the international legal framework.)

GBV partners should also be aware of the regional and national laws, policies, declarations and

programmes of action relevant to their setting.

Resources

Coordination of Multi-Sectoral Response to Gender-Based Violence in Humanitarian Settings: Facilitator

Manual (UNFPA and Ghent University, 2010). To be posted to the GBV AoR website Spring

2010. Contact Erin Kenny for more information about the manual: ekenny@unfpa.org

The International Human Rights of Women-An Overview of the Most Important International Conventions

and the Instruments for their Implementation (GTZ, 2003).

http://www.gtz.de/de/dokumente/en-international-womens-rights.pdf

Annex

A2: International Legal Framework

In September 2009, Security Council Resolution (SCR) 1888 was unanimously adopted by member

states. It is one of the most important SCRs for GBV partners to know and understand because it is much

more action-oriented than previous SCRs related to sexual violence. SCR 1888 builds on two earlier

resolutions: SCR 1325, adopted in October 2000, which provides a political framework that makes women

and a gender perspective relevant to all aspects of peace processes; and SCR 1820, adopted in June 2008,

which recognizes the links between sexual violence in armed conﬂict and its aftermath, and sustainable

peace and security. SCR 1820 commits the Security Council to considering appropriate steps to end sexual

violence and to punish perpetrators and requests a report from the UN Secretary-General on situations

in which sexual violence is being widely or systematically employed against civilians and on strategies

for ending the practice. Through SCR 1888, a Special Representative to the UN Secretary-General will be

responsible for coordinating a range of mechanisms and overseeing implementation of both SCR 1325

and SCR 1888. Other provisions of the text of SCR 1888 include identifying women’s protection advisers

among gender advisers and human rights protection units; strengthening of monitoring and reporting

on sexual violence; retraining of peacekeepers, national forces and police; and boosting the participation

of women in peace-building and other post-conﬂict processes. For more information about SCR 1888

visit: http://www.iwtc.org/1820blog/?p=311#

Critical to know

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Protection from sexual exploitation and abuse

IS 1.5

Section One: GBV BASICS and how they relate to GBV COORDINATION

Section One:

GBV BASICS

and how they relate to GBV COORDINATION

5. Protection from sexual exploitation and abuse

What is protection from sexual exploitation

and abuse (PSEA)?

As highlighted in the Secretary-General’s Bulletin on

Special measures for protection from sexual exploitation

and sexual abuse (ST/SGB/2003/13) (the SGB), PSEA

relates speciﬁcally to the responsibilities of international

humanitarian actors to prevent incidents of sexual

exploitation and abuse committed by UN, NGO and

inter-governmental (IGO) personnel against colleagues

and beneﬁciaries of assistance and to take action as

quickly as possible when incidents do occur. The SGB

provides clear deﬁnitions of sexual exploitation and

sexual abuse and outlines six key standards of behaviour

related to PSEA:

These six standards apply to all UN staff—whether recruited internationally or locally—including

staff from agencies, funds and programmes as well as all partners, such as NGOs, consultants,

contractors, day labourers, interns, junior professional ofﬁcers (JPOs), UN volunteers (UNVs), etc.

The terms of the SGB also apply to international military personnel and civilian police. The scope

of the SGB is therefore very broad and establishes a common standard for everyone working

in some way with the UN. Many other humanitarian organizations also require staff to adhere

to virtually the same standards as those contained in the SGB according to their own codes of

conduct, as well as through their endorsement of the Statement of Commitment on Eliminating Sexual

Exploitation and Abuse by UN and Non-UN Personnel.

The ECHA/ECPS UN and NGO

Task Force on Protection from Sexual

Exploitation and Abuse is the forum

responsible for promoting global

policy and guidance on PSEA for

humanitarian actors. To this end,

the task force has developed a series

of training tools on PSEA for focal

points, senior managers and general

staff. These and other resources are

available on the PSEA tools repository

website: www.un.org/pseataskforce

Good to know

1. Sexual exploitation and sexual abuse constitute acts of serious misconduct and are therefore grounds

for disciplinary measures, including summary dismissal.

2. Sexual activity with children (persons under the age of 18) is prohibited regardless of the age of

majority or age of consent locally. Mistaken belief in the age of a child is not a defence.

3. Exchange of money, employment, goods or services for sex, including sexual favours or other forms

of humiliating, degrading or exploitative behaviour, is prohibited. This includes any exchange of

assistance that is due to beneﬁciaries.

4. Sexual relationships between staff and beneﬁciaries of assistance, since they are based on inherently

unequal power dynamics, undermine the credibility and integrity of the work of the United Nations

and are strongly discouraged.

5. Where a United Nations staff member develops concerns or suspicions regarding sexual exploitation

or sexual abuse by a fellow worker, whether in the same agency or not and whether or not within the

United Nations system, he or she must report such concerns via established reporting mechanisms.

6. United Nations staff are obliged to create and maintain an environment that prevents sexual

exploitation and sexual abuse. Managers at all levels have a particular responsibility to support and

develop systems that maintain this environment.

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Protection from sexual exploitation and abuse

IS 1.5

Section One: GBV BASICS and how they relate to GBV COORDINATION

How does PSEA relate to GBV coordination?

Unfortunately, there are many humanitarian settings in which there are no PSEA focal points

or PSEA in-country networks. In these settings, it sometimes falls to the GBV coordination

mechanism to undertake PSEA activities. While the GBV coordination mechanism may opt to

ﬁll a gap in addressing PSEA in the short-term, e.g., by conducting awareness-raising amongst

humanitarian staff and people of concern about the SGB, PSEA responsibilities SHOULD NOT

be a regular and/or long-term function of the GBV coordination group. As per the box above,

identifying PSEA focal points and creating an in-country PSEA network is the responsibility of

senior managers and, ultimately, the HC/RC.

However, PSEA is one important form of preventing GBV and is therefore linked to GBV

coordination efforts. There should be common understanding

of the different responsibilities of the PSEA in-country network

and the GBV coordination mechanism and willingness to

work cooperatively. It is important that the GBV Coordinator

knows and promotes the key principles and standards of

conduct outlined in the SGB to all coordination partners. GBV

Coordinators must be apprised of local reporting procedures

and processes related to addressing SEA allegations, and this

information should be included in any Standard Operating

Procedures (SOPs). (See IS 3.6 on development of SOPs.)

Perhaps most importantly, the GBV coordination mechanism

must work with the PSEA in-country network to ensure that

survivors of SEA have access to services. The PSEA network has a responsibility to ensure that

a ‘victim assistance mechanism’ is in place for those who have experienced SEA; this mechanism

should build upon existing GBV services in the setting rather than create parallel SEA-speciﬁc

services.

The GBV Coordinator should also be sensitive to some of the challenges GBV service providers

may face if they are assigned the responsibility of acting as PSEA focal points in their agencies.

The SGB requires mandatory reporting of suspected incidents of SEA. However, the fundamental

guiding principles of GBV programmes—conﬁdentiality and the right of the survivor to choose

how s/he would like to address an incident of GBV—are essentially contrary to mandated

reporting. Therefore, it may be useful for service-delivery agencies to develop special provisions

to address this contradiction, such as informing a GBV survivor of the mandate to report on SEA

before soliciting any case information during an interview.

Resources

For a comprehensive library of PSEA resources, tools and training materials, see the PSEA tools

repository at http://www.un.org/pseataskforce

The SGB details some of the ways in which PSEA activities should be implemented, including:

•

Providing staff with copies of the SGB and informing them of its contents.

•

Taking appropriate action when there is reason to believe sexual exploitation and abuse has

occurred.

•

Appointing focal points and advising the local population on how to contact them.

•

Handling reports of sexual exploitation and abuse conﬁdentially.

The SGB clearly requires managers within UNCTs and humanitarian country teams to appoint focal

points and guide them in meeting their responsibilities. Also in light of the SGB, HCs/RCs have been

tasked with the responsibility of ensuring that an in-country network on PSEA, composed of PSEA

focal points, is operational and supporting the development and implementation of a country-level

PSEA action plan in their respective countries.

Critical to know

In the 2008 GBV AoR global

review of GBV coordination

mechanisms, there was evidence

from Liberia of the need to

clarify

confusion

between

GBV coordination and the

sexual exploitation and abuse

mechanisms established by UN-

DPKO. This clariﬁcation should

be introduced from the start of an

emergency.

Lesson learned

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Introduction

Section 2:

GBV coordination

STRUCTURES

Introduction

Section Two: GBV coordination STRUCTURES

Section Two:

GBV

coordination STRUCTURES

Introduction

What is this section about?

This section deals with coordination structures in an attempt to articulate who is responsible in an

emergency for launching a GBV coordination mechanism, so that GBV Coordinators and others

are clear about where and with whom to undertake GBV coordination efforts.

The information sheets in Part A explain humanitarian reform and the ‘cluster approach’ structure

in which GBV—under the Protection Cluster—has a designated coordination mechanism

(differently referred to at the ﬁeld level as an ‘Area of Responsibility’ (AoR), ‘ Working Group’ or

‘Sub-Cluster’, all of which are acceptable). The humanitarian reform process represents the ﬁrst

time in the history of humanitarian intervention in which GBV coordination structures have been

made explicit, and it is therefore critically important that GBV actors understand humanitarian

reform and the cluster approach.

The information sheets in Part B brieﬂy introduce other coordination partners—such as UN

Action—and the basics of coordination processes when no cluster system is in place.

What is important to remember while reviewing this section is that all actors on the ground have

a responsibility to contribute to good coordination and to strengthen and enhance the protection

and care of women and children in situations of humanitarian crisis. According to the principles of

humanitarian aid and the international legal framework related to GBV (IS 1.4), the humanitarian

community, host governments, donors, peacekeepers, the UN and all others engaged in working

with and for affected populations are collectively accountable for preventing and responding to

GBV.

Ensuring effective GBV coordination is the ﬁrst step in meeting these responsibilities, in so far as

coordination efforts are key to constructing a uniﬁed and coherent multi-sectoral response. It is

especially important, therefore, that those with relevant GBV experience participate in building

coordination mechanisms and setting standards for comprehensive programming. However,

having a GBV coordination mechanism in place will have little impact unless all actors commit to

fulﬁlling their respective duties as outlined in the IASC GBV Guidelines. Coordination of cluster-

speciﬁc activities is the remit of each cluster, under the supervision of the cluster lead(s). While

GBV coordination mechanisms can assist in facilitating multi-sectoral GBV-related activities—by

drawing together partners, developing and overseeing a coordinated action plan and providing

expert technical guidance to other sectors/clusters—accountability for addressing GBV is shared

across all key sectors/clusters engaged in humanitarian response.

Every effort should be made to mobilize resources to develop a GBV-speciﬁc coordination mechanism in

an emergency, as this is the best way to ensure that GBV issues are properly addressed across all clusters/

sectors and integrated into all areas of humanitarian response. In Myanmar following Cyclone Nargis,

a Women’s Protection Technical Working Group (the term ‘women’s protection’ was favoured over the

term ‘GBV’ for political and social reasons) was originally created within a Protection of Children and

Women (PCW) Cluster. Because the cluster focused primarily on children’s issues (partly due to the

fact that it was led by child-protection agencies), GBV issues were under-recognized. An evaluation

of the PCW Cluster three months after its inception recommended that there should be a separate

GBV coordination mechanism in order to more effectively coordinate women’s protection efforts.

The establishment of a sub-cluster dedicated to women’s protection resulted in greater prioritization

of women’s issues, including GBV, in several key multi-sectoral initiatives, such as the Post-Nargis

Response and Preparedness Plan, various donor appeals and the Myanmar Contingency Plan.

Lesson learned

Humanitarian reform

IS 2.A.1

Section Two: GBV coordination STRUCTURES

Section Two:

GBV

coordination STRUCTURES

A. The cluster approach

1. Humanitarian reform

How does humanitarian reform relate to gender-based violence coordination?

Prior to the introduction of humanitarian reform and the cluster approach, there were no

standardized methods for introducing GBV coordination mechanisms in humanitarian emergencies.

Although the IASC GBV Guidelines (drafted just prior to the implementation of humanitarian

reform) provide important directives for GBV coordination in any humanitarian context, the

cluster approach offers an explicit structure in which GBV coordination can be established from

the onset of an emergency. As explained further in IS 2.A.2-4, GBV has been designated as one of

ﬁve Areas of Responsibility (AoR) under the Protection Cluster. As such, it is critically important

that all those working on GBV coordination in clusterized countries understand the structure and

intent of humanitarian reform.

What is humanitarian reform?

Humanitarian reform is an ambitious and sweeping UN-led process aimed at improving

international response in humanitarian crises around the world, so that humanitarian operations

more efﬁciently, effectively and comprehensively meet the rights and needs of those most harmed

by a crisis. The reforms focus on three overarching issues:

Why was humanitarian

reform initiated?

In the early 2000s, the humanitarian

community faced several major crises:

Afghanistan, Iraq, the Darfur conﬂict

in Sudan, the Indian Ocean tsunami

and the South Asia earthquake. These

emergencies shone a spotlight on the

humanitarian working environment

because they called into question:

►

The impartiality of

humanitarian assistance.

►

The appropriateness of

responses.

►

The capacity of agencies to

respond.

In 2005 an independent assessment was commissioned by the IASC and the UN Emergency Relief

Coordinator (ERC) (see text box, above) to evaluate the capacity of humanitarian agencies to

respond to complex emergencies and natural disasters. The results of the assessment underscored

the need for a more reliable humanitarian response.

The Inter-Agency Standing Committee (IASC):

•

Created in 1992 at the request of the UN General

Assembly (Res. 46/182).

•

Key strategic coordination mechanism bringing

together UN and non-UN agencies: Red Cross

Movement, NGOs and the International

Organization for Migration.

•

Deﬁnes joint policy and sets standards.

The Emergency Relief Coordinator (ERC):

•

Coordinates the response of humanitarian agencies

in emergencies, particularly those of the UN system.

•

Works with governments of affected countries,

donors and other interested states in advocating

humanitarian initiatives.

•

Chairs the IASC and the Executive Committee

on Humanitarian Affairs (ECHA) and oversees

implementation of their recommendations.

•

Catalyzes support for humanitarian issues and

programmes.

PREDICTABILITY

in ﬁnancing and leadership

of the response

ACCOUNTABILITY

to the affected populations

PARTNERSHIP

between UN and non-UN

humanitarian actors

Humanitarian reform

IS 2.A.1

Section Two: GBV coordination STRUCTURES

What are the key areas of humanitarian reform?

The humanitarian reform process targets four interrelated areas:

As illustrated above, the foundation of the humanitarian reform process is partnership, and

successful implementation of the cluster approach depends on all humanitarian actors working

as equal partners in all areas of humanitarian response. In an effort to facilitate partnership, the

Global Humanitarian Platform (GHP) was established in 2006 to offer a forum for the humanitarian

community to come together to share responsibility for improving humanitarian action. The

GHP has produced “Principles of Partnership” (Annex 3), which identiﬁes ﬁve key components

of effective partnership:

Ensuring effective leadership of

HUMANITARIAN

COORDINATORS

(a high-level UN ofﬁcial

appointed at the country level

to ensure well-coordinated

humanitarian response in an

emergency)

introducing mechanisms for

clearer accountability,

appropriate training and

adequate support of HCs/RCs.

Ensuring STRONG HUMANITARIAN PARTNERSHIPS between

1) NGOs, 2) the International Red Cross and Red Crescent Movement and 3) UN and related

international agencies.

Ensuring adequate, timely and

ﬂexible

HUMANITARIAN

FINANCING

improving access to funds

through the Central Emergency

Response Fund (CERF),

Pooled Funding, the Good

Humanitarian Donorship

Initiative and reform of the

Consolidated Appeals Process

(CAP).

Ensuring adequate capacity and

predictable leadership in all areas

of humanitarian response through

THE CLUSTER APPROACH

designating lead agencies

at the global and country

levels to assume coordination

responsibilities of key sectors

of humanitarian response.

TRANSPARENCY

is achieved through dialogue

(on equal footing), with

an emphasis on early

consultations and early sharing

of information. Communication

and transparency, including

ﬁnancial transparency, increase

the level of trust among

organizations.

RESULT-ORIENTED

Effective humanitarian action

must be reality-based and

action-oriented. This requires

result-oriented coordination

based on effective capabilities

and concrete operational

capacities.

RESPONSIBILITY

Humanitarian organizations

have an obligation to each

other to accomplish their task

responsibly, with integrity and

in a relevant and appropriate

way. They must make sure

they commit to activities only

when they have the means,

competencies, skills and

capacity to deliver on their

commitments. Decisive and

robust prevention of abuses

committed by humanitarians

must also be a constant effort.

COMPLEMENTARITY

The diversity of the humanitarian

community is an asset if we build

on our comparative advantages

and complement each other’s

contributions. Local capacity is

one of the main assets to enhance

and build on. It must be made

an integral part in emergency

response. Language and cultural

barriers must be overcome.

EQUALITY

requires mutual respect between

members of the partnership

irrespective of size and

power. The participants must

respect each other’s mandates,

obligations, independence and

brand identity and recognize

each other’s constraints and

commitments. Mutual respect

must not preclude organizations

from engaging in constructive

dissent.

Principles

Partnership

Documents you may be interested

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