or witnesses and not only of women),
allowing them to gather information on the
differentiated impact of the human rights
violations on women, girls, men and boys.
“Do no harm”
Respecting the “do no harm” principle
requires a proper assessment of gender
dynamics and cultural norms that may result
in victims and witnesses being exposed to
further harm, including retraumatization or
stigma, violence and marginalization at the
hands of alleged perpetrators or the victims’
families and communities. At the same time,
it is important not to make assumptions
about a victim’s needs or condition based
on stereotypical views. For example, it
should not be assumed that all victims of
sexual violence would find the process of
recounting their experience traumatizing. If
well conducted, such a process could in fact
be healing and empowering.
• Experts and local or international
women’s and human rights representatives
and activists in the field, including
representatives of civil society organizations
working with and on the human rights of
women and girls and LGBTI persons, as
well as service providers, such as medical
care providers targeting women and girls,
midwives, humanitarian and human rights
personnel and social workers, including
those working with women and girls, among
others. Besides giving their own account of
the events under investigation, these actors
might be willing to assist the investigation by
providing relevant documentation, reports
and information gathered on the ground
and serve as intermediaries to contact other
victims, witnesses or sources.
Prior to arranging an interview with a victim
or witness, especially a person potentially
traumatized or in a situation of vulnerability,
Human Rights Officers should consider, for
example:
• Whether the victim may experience
reprisals, marginalization, stigma or
violence, including at the hands of their
family or community, for contacting and/
or informing the investigation team;
• Official reports and statistics, reports
and data produced by United Nations
entities, humanitarian actors and civil
society and medical and forensic reports
and videos may all be valuable sources of
information for the documentation of human
rights violations, including violations of
women’s human rights, and GBV, and of
the differentiated impact of human rights
violations on women, girls, men and boys.
While many of these documents may have
been gathered in the preparation phase,
additional documentation may surface or
become known through interaction with
different actors at the local level when
gender-sensitive questions are asked.
• What facts are critical to the case and
whether the victim or witness can
provide the necessary information;
• Whether the victim or witness has
already given a statement, including
to another United Nations agency/
agencies, in order to assess whether it
is necessary to ask her/him to recount
traumatic events once again;
• Whether the investigator knows
how to respond appropriately to the
victim or witness if she/he becomes
distressed, and whether the investigator
is knowledgeable about referrals to
counselling and other services.34
• State officials and members of armed
groups, or former officials and former
members of armed groups, if possible and
where security risks can be adequately
mitigated, might also be willing to be
interviewed.
For more information, see OHCHR, Commissions of Inquiry
and Fact-Finding Missions on International Human Rights and
Humanitarian Law (2015), p. 33 ff.
34
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