‘Do No Harm’: The necessity of competency when investigating conflict-related sexual violence
Demetrius Wijesinghe
Whilst working on my postgraduate studies dissertation, I had the opportunity to interview survivors of conflict-related sexual violence, with the hope that my analysis, through their experiences, would advocate for justice. I chose not to.
‘Do No Harm’ is established as the key principle when investigating conflict-related sexual violence. Documenting conflict-related sexual violence is crucial for those seeking justice in the aftermath of a conflict, however, the fact that many practitioners are often insufficiently trained and prepared can lead to further harm being inflicted upon survivors. The specific vulnerability of survivors of sexual violence necessitates a concise yet comprehensive set of guidelines to ensure that all practitioners employ safe, ethical, and effective research methods.
For my postgraduate thesis, I was investigating the necessity and feasibility of enforcing a criminal justice approach to addressing acts of sexual violence committed by United Nations (UN) peacekeepers; a severely underreported issue. Incidents of sexual violence have occurred in every existing UN peacekeeping mission, however, none garnered my attention the way in which the atrocities in Haiti did.
Between 2004 and 2007, 134 peacekeepers serving in the UN Stabilisation Mission in Haiti were involved in a sex-ring in which at least nine children were sexually exploited and abused. Not only was this the largest documented case of sexual violence in the history of UN peacekeeping, it also became notorious for its impunity. Of the 134 peacekeepers, 114 were repatriated and none were imprisoned. Although the deplorable crimes and subsequent impunity were essential in influencing me to focus on Haiti, the fact that all 134 peacekeepers in question were Sri Lankan soldiers proved to be the decisive factor in my research choice.
From the age of 12, I was raised in Sri Lanka; a nation that was plagued with conflict and the consequences of a gruelling civil war. Within my first year in the country the civil war ended, but the atrocities continued. The widespread sexual violence in the years following the conclusion of the war, coupled with a gross lack of accountability, motivated me to commit to combating impunity and securing justice for survivors of sexual crimes.
The specific vulnerability of survivors of sexual violence necessitates a concise yet comprehensive set of guidelines to ensure that all practitioners employ safe, ethical, and effective research methods.
A few months before the research trip, I sat down with my tutor to discuss my plan. Being a renowned specialist in combating conflict-related sexual violence, she was the ideal person to consult, especially regarding the questionnaire I had carefully prepared for the survivors willing to share their stories. After listening to my approach to, and expected outcomes of, my research, she told me that it was irresponsible of me to interview survivors and suggested I reconsider my decision. I would be lying if I said I was not disheartened. I had worked arduously to plan my trip, ensure all required resources were available, and make certain that I met the necessary ethical standards. So, how was I being irresponsible?
Upon further reflection, I realised that I had checked all but one factor relating to the investigation: myself.
Documentation practices employed by inadequately trained, unprepared, or purely results-driven practitioners are often unsafe and can inflict or exacerbate harm suffered by survivors, violate their human rights, and damage their prospects for accountability and redress. It is, therefore, crucial that practitioners are thoroughly informed on the potential harmful consequences of documenting sexual violence on survivors. Moreover, practitioners must be adequately equipped to implement measures to mitigate or minimise that harm, for example, by ensuring access to medical, legal, and psychosocial support to the survivors they engage with.
These requirements are enshrined in the International Protocol on the Documentation and Investigation of Sexual Violence in Conflict (Protocol), published by the United Kingdom’s Foreign & Commonwealth Office (UKFCO). The Protocol explains that survivors of sexual violence can be harmed in ways that extend beyond the immediate violence they were subjected to by perpetrators.
As a postgraduate student who did not know either of the languages spoken in Haiti, had no formal or subject-specific investigative training, and no prior field research experience, I was clearly not qualified to safely engage with survivors of sexual violence. Although my intentions were well-meaning, my actions would have potentially counteracted the inherent purpose of my research: to help survivors.
My tutor’s comments taught me to acknowledge my privilege, always ask myself whether I am the appropriate person for a given investigation, and understand that having the financial and logistical capacity to work with survivors of conflict-related sexual violence does not entitle me to do so. Moreover, I must actively ensure that the well-being of the survivors is placed at the forefront of my approach to an investigation.
I followed through with my trip to Haiti, instead, questioning UN personnel from the peacekeeping mission, and acquired existing documents of survivors’ testimonies from a local contact to substitute the interviews. I was able to gather the information needed to enrich my thesis and, most importantly, not endanger the survivors in the process.
The reality remains, however, that such methods of acquiring information are not sufficient for all practitioners. Moreover, documentation is essential if survivors hope to see justice done.
At present, the Protocol is the key guiding instrument for practitioners documenting conflict-related sexual violence. However, its creators claim that some practitioners do not know, understand, or uphold that guidance. To remedy this issue, a global code of conduct for the investigation and documentation of conflict-related sexual violence, the ‘Murad Code’, is being created.
The UKFCO and Institute for International Criminal Investigations are developing it in consultation with Nadia’s Initiative, a non-profit run by Nadia Murad. Murad, who was sexually enslaved and trafficked by ISIS, has become a prominent advocate for survivors of conflict-related sexual violence, leading to her being appointed as the UN Goodwill Ambassador for the Dignity of Survivors of Human Trafficking and being awarded the 2018 Nobel Peace Prize.
Art: A painting of Nobel Peace Prize laureate, UN Goodwill Ambassador for the Dignity of Survivors of Human Trafficking, and sexual slavery survivor, Nadia Murad, by Yazidi refugee, activist, and artist, Holya Khalaf (@holya_khalaf).
The final version of the “Murad Code” is scheduled to be launched in 2021. At present, we have only been provided with a draft of the Code. The draft extracts the most important aspects of the Protocol’s investigative standards and conveys them through eight core principles that centre around creating a safe and respectful environment for survivors and emphasises the competency of the practitioner. The Murad Code’s clear and concise approach will not only make it more apprehensible, but will likely make it more accessible to those without formal investigative training, thereby ensuring a wider range of practitioners employ responsible documentation methods.
Moreover, the final version will be accompanied by a Commentary that connects the Code’s core commitments to relevant resources, guidelines, and legal sources, which offer detailed instructions to practitioners on implementing practices which comply with international law, are more effective, and avoid inflicting further harm on survivors. Additionally, the Code aims to empower survivors by including a “survivors’ charter”, through which their valuable insights will be shared.
The draft Murad Code reiterates the necessity of competency and a survivor-focused approach when investigating conflict-related sexual violence. As a young and driven practitioner, I was determined to engage with the survivors in Haiti, to tell their stories and demonstrate how impunity for perpetrators adversely affects the recovery and long-term wellbeing of survivors. In hindsight, I am glad I did not, and am thankful for the candour of my supervisor, without whom I may have inflicted further harm upon the survivors.
Investigating and documenting conflict-related sexual violence is essential to support survivors in their journey to justice. The issue lies in ensuring all actors prioritise survivors’ interests and wellbeing above all else. If the Murad Code is widely supported and implemented by practitioners, it could help us take far-reaching steps towards discouraging harmful documentation practices, incentivising safe documentation, effectively calling for justice, and making a truly meaningful difference in the lives of survivors.
The accompanying illustration is a painting of Nobel Peace Prize laureate, UN Goodwill Ambassador for the Dignity of Survivors of Human Trafficking, and sexual slavery survivor, Nadia Murad, by Yazidi refugee, activist, and artist, Holya Khalaf (@holya_khalaf).