under which they were committed, as well as measures of justice and reparation for the victims of these
acts.
52. 4. Founding texts: The founding texts on the establishment and operations of TJRCs must include
specific provisions : on a balance of genders for the personnel working within the Commissions; on the
rights of victims, especially the victims of sexual violence; and on measures for protecting and supporting
victims and witnesses of sexual violence, including medical and psychological support. TJRCs must also
include in their mandate the formulation of proposals for reparation measures for the victims of sexual
violence.
52. 5. Victim-centered approach: Truth, Justice and Reconciliation Commissions must adopt a gendersensitive approach focused on the victims of sexual violence, that pays particular attention to these
victims, especially women and girls, but also men and boys. The Commissions must take into consideration
their specific needs, ensure that their voice is heard and seek to establish the impact of the events being
considered on the victims of sexual violence, particularly women and girls. Truth, Justice and Reconciliation
Commissions must also propose reparation measures for the victims of sexual violence.
52. 6. Composition: States must also ensure that there are enough women among the personnel of TJRCs.
A balance between men and women within the personnel should enable better implementation of a
gender-based approach, in particular allowing women and girls victims of sexual violence to have their
statements taken by women if they wish. The personnel of the TJRCs must receive training on gender, on
conducting interviews with the victims of sexual violence and on specific protective measures for them.
Hearings for acts of sexual violence should be able to be held either behind closed doors, before a panel of
commissioners or, where applicable, before a selected public that may be exclusively made up of women,
all according to the wishes of the victims.
52. 7. Reports: In public and non-public reports of TJRCs, a specific chapter should be devoted to sexual
violence. This section of the TJRC’s reports should present the reasons, facts, and consequences of the
sexual violence that took place. As such, the identity of the victims may only be revealed with their approval
and only after having evaluated victims’ safety concerns. Public and non-public reports of TJRCs must also
include specific measures for the victims of sexual violence in the section on reparation.
52. 8. Reparation measures: States must pay particular attention to creating and implementing the reparation
measures proposed by TJRCs for the victims of sexual violence. Reparation must include individual and
collective measures, including restitution, compensation, rehabilitation, satisfaction, and guarantees of
non-repetition (pursuant to the Part 5 of the Guidelines).
52. 9. Compensation and reparation Funds: Financing for the individual or collective reparation measures
recommended by TJRCs must be included and provided in the broader context of national funds created for
the compensation and reparation of victims, or by a specific fund with enough funding from the State and
its partners that provided technical expertise and funding (in accordance with the Part 5 of the Guidelines).
52. 10. Cooperation: Organisations that defend the rights of women, those specialized in combating sexual
violence and its consequences, the victims of sexual violence and the affected communities must all be
consulted at each phase of the process and all must be guaranteed the opportunity to actively participate.
Explanatory Notes: ACHPR, Principles and Guidelines on the Right to a Fair Trial and Legal Assistance in Africa, Principle
C (b) (3) (2003); Ayumi Kusafuka, Truth Commission and Gender: A South African Case Study, African Journal on Conflict
Resolution, Vol. 9, No. 2, pp. 45-67 (2009)
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GUIDELINES ON COMBATING SEXUAL VIOLENCE
AND ITS CONSEQUENCES IN AFRICA