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.
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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)
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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
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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:
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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.
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