Explanatory Notes: African Charter, Articles 2 and 3; Maputo Protocol, Articles 3 (4), 4 (a-d, f) and 8; ACHPR, Resolution 275: on Protection against Violence and other Human Rights Violations against Persons on the basis of their real or imputed Sexual Orientation or Gender Identity (2014); Convention on the Prevention and Punishment of the Crime of Genocide, Article 1 (1948); Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, Article 2 (1984); Geneva Conventions of 1949, Article 1 and Additional Protocol I, Articles 4, 5, 6, 7 and 8. 5. The “do no harm” principle States must take legislative measures and all other necessary measures to guarantee the well-being and security of the victims and witnesses of sexual violence, and to minimize the negative impact that actions to combat sexual violence and its consequences can have on victims and witnesses. In particular, States must ensure that the potentially negative consequences for victims and witnesses, of procedures to investigate acts of sexual violence and efforts to prosecute perpetrators, are reduced as much as possible. 6. The due diligence principle States must ensure that agents acting on their behalf or under their effective control refrain from committing any acts of sexual violence. States must adopt the necessary legislative and regulatory measures to act with due diligence to prevent and investigate acts of sexual violence committed by State and non-State actors, prosecute and punish perpetrators, and provide a remedies to victims. 7. Obligation to prevent sexual violence and its consequences States must take the necessary measures to prevent all forms of sexual violence and its consequences, particularly by eliminating the root causes of that violence, including sexist and homophobic discrimination, patriarchal preconceptions and stereotypes about women and girls, and/or preconceptions and stereotypes based on gender identity, real or perceived sexual orientation, and/or certain preconceptions of masculinity and virility, irrespective of their source (in accordance with the Part 2 of these Guidelines). 8. Obligation to provide protection against sexual violence and its consequences States must adopt the necessary measures to guarantee that victims are protected from any new act of sexual violence and are protected from the consequences of sexual violence, particularly by guaranteeing that victims have access to all types of assistance that they need (in accordance with the Part 3 of these Guidelines). 9. Obligation to guarantee access to justice and investigate and prosecute the perpetrators of sexual violence 9. 1. States must take measures to guarantee access to justice for all victims of sexual violence, including in rural areas. States must ensure that investigations into acts of sexual violence and the prosecution of the perpetrators are carried out: • without unjustified delays • independently, impartially and effectively • in a manner that will lead to the identification and sentencing of the perpetrators. 9. 2. Investigations and prosecutions must consider the rights of victims throughout the proceedings and guarantee the well-being and safety of victims and witnesses (in accordance with the Part 4 of these Guidelines). 18 GUIDELINES ON COMBATING SEXUAL VIOLENCE AND ITS CONSEQUENCES IN AFRICA