Victims’ Rights Working Group
Transcription
Victims’ Rights Working Group
Victims’ Rights Working Group Annex: Sample Logical Framework for the ICC Victim Strategy Intervention logic Overall objective Objectively verifiable indicators of achievement The victim strategy’s contribution to the ICC’s overall goals How the contribution is to be measured including Quantity, Quality, Time. How will the information be collected, when and by whom? Factors that are not under the direct control of the project, which are necessary to achieve these objectives? Victims are recognised by the ICC as critical stakeholders and their rights are effectively realised as integral to the Court’s mandate and overall success. The ICC’s strategic plan and related literature (including website, leaflets) make clear reference to the effective realisation of victims’ rights as integral to the overall success of the Court. - The ICC strategic plan ; - The ICC website (including the front section ‘about the Court’); - Public information materials, press briefings and statements; - Local and int’l media coverage , reviewed yearly / quarterly / monthly - The Integrated Strategy for External Relations, Public Information and Outreach (publicly available); - NGO monitoring reports periodically; - Vacancy notices and personnel records (Human Resources) - Court regulations and directives on policies impacting victims (internal/external); - The Annual Budget of the Court; - The Court Organigram. - Cooperation on arrests and other key areas allows the overall mandate of the court to be achieved - Security situations can be circumnavigated or addressed through creative strategies but might be beyond the control of the Court - The ICC is in able to recruit personnel with the necessary experience and expertise - The Budget of the ICC is sufficient to meet the identified needs. - Victims' decision to participate in the proceedings is a personal decision Quantitative / Qualitative: Sources / Methods: External Factors and Risks The Court is accessible to victims (including victim witnesses, applicants, participants and beneficiaries) - Field consultations with victims and communities; - Periodic NGO monitoring reports; - PIDS evaluation at outreach events; - Local and int’l media coverage; - No. and nature of applications from victims to participate or claim reparations; - Victims and Legal Representatives submissions ; - OPCV Evaluation; - Review of existing Court premises & plans for new premises; - Interview locations, safe houses etc. are suitable for victims; - Review of Court Judgments; - Cooperation on arrests and other key areas allows the overall mandate of the court to be achieved - Security situations can be circumnavigated or addressed through creative strategies - The ICC is in able to recruit personnel with the necessary experience and expertise - The Budget of the ICC is sufficient to meet the identified needs. The internal administration and legal culture of the ICC adopts a policy of victim ‘mainstreaming’, e.g., assessing the implications for victims of any planned action, including legislation, policies or programmes, in all areas and at all levels in order to ensure that victims’ concerns and experiences are an integral dimension of the design, implementation, monitoring and evaluation of policies and programmes in all spheres related to the Court. Specific Objective Assumptions External Factors and Risks Sources and means of Verification Specific Objective Direct benefits to target group(s). Victims within the jurisdiction of the Court benefit from victimsensitive justice Particularly vulnerable or marginalised victims (individuals or groups) benefit from special measures to enhance their access. In all dealings with victims, the Court respects victims’ rights, privacy and dignity, and takes into account victims’ needs and circumstances. The Court’s practices, judicial decisions and policies are consistent with internationally recognised standards on victims’ rights. 1 http://www.vrwg.org Results Expected Results: Extent that result was achieved: Sources Externalities to be internalised - Ratio of participating victims to overall number of victims in the situation; - % reduction in the number of incomplete application forms received by VPRS (compared to previous year) - Consensus that charges match victimisation; - Negligent safety incidents (physical and psychosocial); - Victims are well represented; - Reparative measures, including individualised and collective awards and the work VTF, match the patterns real victimisation and those in most need. - - Cooperation with host country / third states. - Cooperation with civil society groups, intermediaries, local NGOs, International NGOs and lawyers - The ICC is in able to recruit personnel with the necessary experience and expertise - The Budget of the ICC is sufficient to meet the identified needs. - The Court responds effectively to physical and psychological protection needs of victims and those assisting them; - % turn out at Outreach events - % reduction in the number of incomplete application forms received by VPRS (compared to 2006) - % increase in participants understanding the mandate between first outreach meeting and follow-up meeting - % response to Intermediaries Feedback Form (ratio of intermediaries recognised by VPRS to completed Forms) - PIDS head count at outreach events - VPRS statistics - PIDS evaluation of questions asked at outreach events (types of question indicate greater understanding) - Intermediaries Feedback Form - Evaluation of outreach materials produced by the Court; - Review of media statements regarding the ICC; - Field consultations with individual victims and communities. - % + score on feedback form - VPRS application forms are simpler and clearer for victims to complete - The timing between applications to participate and decisions taken by the competent Chambers reduces statistically by % - VPRS statistics - Intermediaries Feedback Form to all intermediaries x (score) - Cooperation with host country / third states. - Cooperation with civil society groups, intermediaries, local NGOs, International NGOs and lawyers. Means: Indicators / Sources: Pre-Conditions: - NGO consensus that charges match victimisation - % positive press coverage with respect to charges brought -% + score in Feedback Form – x year evaluation - Decisions on applications to be Security conditions, cooperation with situation or third countries. Tangible products or services delivered by the project (ICC) GOAL 1. QUALITY OF JUSTICE Result 1: Victims participate effectively Result 2: Victims participate safely Result 3: Victims are well represented Result 4: Victims are awarded adequate reparations & receive adequate assistance GOAL 2. A WELL RECOGNISED INSTITUTION Result 5: Victims know about and understand the Court’s mandate, in particular its victims mandate Result 6: Victims are informed of decisions that concern them GOAL 3. MODEL OF ADMINISTRATION Result 7: The application process is clear, efficient, timely and victimsensitive (not costly or cumbersome) Result 8: Victims are treated with dignity and respect Activities Key Activities Result 1 Victims participate effectively Activity 1.1 Take victims’ views into account in the selection of situations and cases OTP consultations with victim communities / participation in early outreach Activity 1.2 Ensure a streamlined and responsive handling of applications VPRS communications from field to Chambers and back. Chambers focal point for victims VPRS statistics OPCV evaluation VPRS evaluation NGO external evaluation Decisions of the Court VWU statistics - Cooperation with host country / third states; - Cooperation with civil society groups, intermediaries, local NGOs, International NGOs and lawyers. Cooperation with civil society groups, local NGOs and lawyers (on-going) http://www.vrwg.org 2 Meet situation-specific targets for responding to victim applications Activity 1.4 Develop modalities of participation that allow victims to participate both effectively and safely Activity 1.5 Hold trials or hearings in situ recognising victims as partners and key stakeholders Activity 1.6 Establish country-specific targets for ensuring quantatively adequate participation: conduct outreach, training and provide assistance in the completion and processing of applications Participation of civil society groups and other field actors. Operational facilities (VWU) Information materials and training materials. Chambers relocation to viable venues incountry or in neighbouring third countries -VPRS personnel located near victim populations. Decentralisation of Outreach (PIDS) to the field. -x no of outreach / training sessions per affected district every x months. x forms distributed in each new ICC situation within target date -Training of personnel & partners including security training (VWU) - xx yearly strategy/review workshop with local stakeholders -Information and training materials in local languages, -Develop a Feedback Form Solicit or encourage amicus filings from other interveners or organisations with expertise rendered within x months of a complete application, request for legal aid or any other motion - Negligent incident levels. - % score on question regarding responsiveness / assistance on security and protection in the Feedback Form Participation of civil society groups and other field actors. Cooperation with third countries and host country - no. of in situ hearings + no. of locally affected public attending the confirmation hearing, first day of trial, judgement, sentencing or other key hearing. -% reduction in the number of incomplete application forms received by VPRS (compared to 2006) -% response to Intermediaries Feedback Form (ratio of intermediaries recognised by VPRS to completed Forms) - % + score in Feedback Form – x year evaluation Security conditions, cooperation with situation or third countries. Number of issues resolved with assistance of amicus interventions - Willingness of interveners or key organisations to make submissions Number of victims actually present at hearings - -Cooperation with civil society groups, local NGOs and lawyers (on-going) -Accessible & safe venues near victim populations (or alternative strategies for Darfur / security risk situations) Activity 1.7 Utilise amicus curiae filings from other interveners constructively in view of assisting in the development of policies and principles Activity 1.8 Assist participating victims who want to attend hearings even if not in situ. Ensure adequate travel budget / forge links with partner organisations Victims participate safely Means: Indicators / Sources: Pre-Conditions: Activity 2.1 Take measures to minimise all risks for participating victims - - Physical and psychosocial assessments - Activity 2.2 Establish networks and strategies for victim safety Confidential handling of applications Relocation Training for intermediaries Develop clear security protocols re intermediaries who work with victims - establish agreements with relevant local partners - establish minimum response times - Physical and psychosocial assessments - Targets for min response times met - Result 2 - Willingness and interest of victims to travel Security / logistics Participation of victims Cooperation with civil society groups, local NGOs and lawyers (on-going) Participation of victims Cooperation with civil society groups, local NGOs and lawyers (on-going) Pre-Conditions: Result 3 Victims are well represented Means: Indicators / Sources: Activity 3.1 Facilitate legal aid for applicantvictims as necessary - provide information on available facilities and consult victims on their needs / expectations (language, location of lawyer) - provide lists of counsel to victims - analysis of eventual increased no. of complete application forms - Participation of victims 3 http://www.vrwg.org Activity 3.2 Result 4 Activity 4.1 Activity 4.2 Result 5 Activity 5.1 Facilitate legal representation for indigent victims Victims are receive adequate reparations & assistance Develop principles on reparations Provide effective assistance to victims Victims know about and understand mandate (including victims mandate) Ensure a participatory outreach strategy - facilitate contact / liaise with counsel where necessary -establish a presumption of indigence (threshold) -legal aid is granted to all victims residing in regions where earnings are less than 1 USD per day Indicators / Sources: - Participation of victims - Time frames for responding to applications - Website / materials on VTF (transparent / accessible procedures) Funding for VTF Indicators / Sources: Pre-Conditions: - Conduct a participatory outreach strategy workshop p/situation 2x p/a (identification, evaluation, re-formulation) - Victims Participation & Reparation Section (VPRS) personnel located near victim populations. Decentralisation of Outreach to the field. - Training of personnel & partners including security training - Gender & Children strategies to reach all -% attendance at twice yearly field workshops. Workshops to set specific targets for periodic review -x outreach / training sessions per affected district every xx months. -x% + score in Intermediaries Feedback Form – xx year evaluation -NGO reports / evaluation, including Gender/Children evaluation Cooperation with civil society groups and local NGOs, cooperation with local media. Cooperation with civil society groups and local NGOs, cooperation with local media. Cooperation with MONUC, hierarchies of operational armed forces or groups Cooperation with NGOs in view of establishing regular monitoring x no. of radio programmes per month per situation country x no. of active radio-listening clubs p/district x no. of newspaper articles p/a per situation country Indicators / Sources: Cooperation with national TV networks, local radio networks, UN radio networks Means: - establish categories of victims / harm suffered - consider individual / collective reparation - consult victims on their needs - undertake victim-mapping - inform victims of possibility of applying to Victims Trust Fund (VTF) - ensure transparent and clear application procedure - Raise funds for VTF Means: Pre-Conditions: Activity 5.2 Conduct direct outreach & training to victim populations as well as former combatants Activity 5.3 Facilitate adequate and appropriate media coverage of the activities of the Court. - Access to radio and television time - Theatre groups, video viewings, radio listening clubs - Press kits, contacts, news releases, clip releases Victims are informed of decisions that concern them Provide regular & up to date information about decisions that concern victims (generally & individually) Means: - Victim analysis of decisions (PIDS, OPCV, VPRS) - Outreach Associate in The Hague to provide updates, produce clips Ratio of decisions concerning victims to. field based actions to inform victims Cooperation with intermediaries Security situation Application process is clear, accessible, efficient and victimsensitive Ensure clear, efficient, victimsensitive application forms and processes (not costly or cumbersome) Means: Indicators / Sources: Pre-Conditions: VPRS review of forms. Chambers review of procedures in line with targets. - % + score in Intermediaries Feedback Form Feedback on existing procedures, attendance at workshops Result 6 Activity 6.1 Result 7 Activity 7.1 Pre-Conditions: 4 http://www.vrwg.org Activity 7.2 Ensure expeditious determination of victim applications (for participation, legal aid, motions, etc.) VPRS, Chambers focal point for victims’ targets Activity 7.3 Ensure creative solutions to evidential obstacles - Chambers use of presumptions / judicial notice - Medical and/or Psychosocial Units to be established where medical evidence is lacking - Administrative or judicial solutions to certifying identity to be provided where infrastructures do not exist. Means: Result 8 Activity 8.1 Activity 8.2 Victims are treated with dignity and Respect Ensure all relevant staff are trained Ensure procedures to consult and obtain feedback - Internal / External training in trauma, gender-based violence, child victimisation (Judges, Chambers staff, Prosecution, Defence Counsel - Use of workshops, focal groups, one-onone meetings Decisions on applications to be rendered within x months of a complete application, request for legal aid or any other motion OPCV Analysis NGO Evaluations (e.g. IBA Monitoring, VRWG Legal Update, VRWG ACCESS bulletin) Indicators / Sources: Victim-sensitive chambers Balancing with rights of accused Victim-sensitive chambers Balancing with rights of accused Pre-Conditions: - Negligent incident levels. - % score on question regarding treatment in the Feedback Forms - Positive feedback at key workshops with core partners / intermediaries - Participation of victims - Cooperation with civil society groups, local NGOs and lawyers (on-going) Key to Acronyms: ICC Offices, Sections or Units: ICC – International Criminal Court; OPCV -Office of Public Counsel for Victims; OTP - Office of the Prosecutor; PIDS - Public Information and Documentation Section (ICC Registry); VPRS - Victims Participation and Reparations Section (ICC Registry); VWU - Victims & Witnesses Unit (ICC Registry). MONUC - UN Peace Keeping Mission in Democratic Republic of Congo. VRWG - Victims Rights Working Group. 5 http://www.vrwg.org