9. 3. States must also adopt measures to promote compliance with regional and international standards
of protection for the rights of women and girls within traditional justice systems, to guarantee the rights
of the victims of sexual violence and to eliminate the discrimination that persists in these systems. States
must raise awareness and provide training for traditional authorities and other stakeholders, the majority
of whom are men, who are involved with traditional justice mechanisms with a view to encouraging respect
for equality between women and men as well as broader representation for women in these systems.
9. 4. States must take measures to prohibit the use of alternative methods of conflict resolution, such
as mediation or conciliation, in dealing with cases involving sexual violence before and during civil and
criminal proceedings, when those methods do not respect the rights of victims, especially women and girls.
Explanatory Notes: Maputo Protocol, Article 25 b); Office of the United Nations High Commissioner for Human Rights
(OHCHR), Human Rights and Traditional Justice Systems in Africa, HR/PUB/16/2 (2016). See also the Organic Law on
Integrated Protection Measures against Gender Violence (2004), Spain, which prohibits the use of mediation in cases of
sexual violence. See the United Nations guidelines, “Good Practices and Challenges in Legislation on Violence Against
Women”, EGM/GPLVAW/2008/EP.10, which advises against using mediation in cases of domestic violence and other forms
of violence against women (2008).
10. Obligation to provide effective remedy and reparation for the victims of sexual violence
States must adopt legislative measures and any other measures required to guarantee effective, sufficient
and timeous remedies, including reparation, to the victims of sexual violence. Remedies must be affordable
and accessible without unjustified delays. This includes: effective access to justice; a guarantee of fair and
equitable treatment that is adapted to the legal proceedings undertaken; adequate, effective and timeous
reparation for any damages sustained; and free access to information regarding remedies and the methods
for obtaining reparation. Reparation must include individual and collective measures, including restitution,
compensation, rehabilitation, satisfaction, and guarantees of non-repetition (in accordance with the Part 5
of these Guidelines).
Explanatory Notes: Maputo Protocol, Article 25 (a) and (b); General Assembly of the United Nations, Basic Principles and
Guidelines on the Right to a Remedy and Reparation for Victims of Gross Violations of International Human Rights Law and
Serious Violations of International Humanitarian Law, A/RES/60/147 (2006); Report of the United Nations Special Rapporteur
on Violence against Women, its Causes and Consequences, A/HRC/14/22 (2010).
GUIDELINES ON COMBATING SEXUAL VIOLENCE
AND ITS CONSEQUENCES IN AFRICA
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