55. 2. States must guarantee that victims have access to these funds regardless of whether a complaint is
filed, prosecution takes place, or the perpetrators of the violence are identified and/or sentenced.
55. 3. States must ensure that these national funds have a governance structure. In order to guarantee
their transparency, sustainability, inclusiveness and effectiveness, their members should include relevant
representatives of the State, victims associations, professional associations that are involved (bar
associations, medical colleges, etc.) and other relevant civil society organisations.
55. 4. States must ensure that there is cooperation between the governance structures of these funds
and relevant actors from the governmental, non-governmental, regional and international spheres in
order to guarantee that the greatest possible number of victims is identified and that they have access to
appropriate reparation measures.
56. Holistic reparation
Reparation measures must be designed and implemented to meet the needs of victims arising from the
acts of sexual violence and must take into consideration all forms of sexual violence and all consequences,
including physical, psychological, material, financial, and social consequences, immediate or otherwise,
suffered by the victims. The reparations must also go beyond the immediate causes and consequences of
the sexual violence and aim to remedy discrimination and structural and political inequality that negatively
affect the lives of victims, especially women and girls (see Section B below).
57. Participation of victims in reparation programs
States must ensure that the victims of sexual violence and civil society can participate in designing, creating,
implementing, monitoring and evaluating all reparation programs to guarantee that they meet the needs
of victims.
B. TYPES OF REPARATION
58. Access of the victims to different types of reparations
States must take the necessary measures to guarantee that the victims of sexual violence have access
to different types of reparation, including individual and collective reparation. These measures must be
determined by the appropriate authorities based on their relevance, taking into account the context in
which the violence was perpetrated (armed conflict, peacetime, scope of the violations, etc.). The types of
reparation enumerated below should be accessible for victims of sexual violence.
59. Restitution
Restitution should aim a far as possible to restore victims to the same or similar situation they were in before
the violations took place. According to the principle of transformative reparation, this restoration must only
be attempted when it does not lead to replicating or perpetuating discrimination against women and girls, or
discrimination based on sexual orientation or gender identity. In cases of sexual violence, restitution may include
the following: the exercise and enjoyment of human rights, particularly the rights to dignity, security, and health,
including sexual and reproductive rights; enjoyment of family life and return to employment and education
42
GUIDELINES ON COMBATING SEXUAL VIOLENCE
AND ITS CONSEQUENCES IN AFRICA