Q1: How has the Framework of Cooperation helped to drive the response to conflict-related sexual violence and efforts to prevent it?
I followed Russia’s full-scale invasion of Ukraine from day one and still recall vividly how on 27 February 2022, the Prime Minister of Ukraine as well as the Minister of Foreign Affairs spoke about the first reports of sexual violence which had already surfaced. I issued a first press statement on 28 February calling for the protection of civilians, especially women and girls and called on all parties to uphold the human rights and dignity of all people, exercise restraint, and ensure full compliance with international humanitarian and human rights law, including the categorical prohibition of all forms of sexual violence. As displacement on a massive scale started, increasing the risk of sexual violence and exploitation, I reached out to the Government of Ukraine and extended the support of my office. The Government of Ukraine was very receptive, and we immediately started working on priority areas on which the technical support of my office and the United Nations will be most needed.
On 3 May 2022, I went to Kyiv and on behalf of the United Nations, signed a Framework of Cooperation on the prevention and response to conflict-related sexual violence with the Government of Ukraine.
This Framework Agreement has served to gather under one “umbrella” national and international actors with singular focus on the objective of acting for survivors. Steadfast and early action on the part of national and international partners to address conflict-related sexual violence was initiated at the outset of the war and has been sustained even as the conflict rages on.
It follows the operational methodology of my mandate, which recognizes that we, as the United Nations, can support, but can never supplant, the efforts and primary responsibility of States to protect their populations. The Framework of Cooperation is comprehensive and includes five critical areas of focus, namely: justice and accountability including legislative reform; reparations; comprehensive services for survivors; strengthening the capacity of the security and defense sector to prevent sexual violence; and mitigating the risks of conflict-driven trafficking in persons for the purposes of sexual exploitation. Through this Framework of Cooperation, we have kept the spotlight on CRSV which is usually an invisible crime, often rightly described as one of history’s most silenced and least condemned crime.
Positive steps were promptly taken to translate these commitments into concrete action by the national authorities. In this regard, I would like to sincerely commend the leadership of Deputy Prime Minister for European and Euro-Atlantic Integration, H.E. Olga Stefanishyna, who, with the support of the Commissioner for Gender Equality, Ms. Levchenko, convened an Inter-Governmental Task Force, including the Ministries of Justice, Defense, Interior, Health, and Social Services, the Office of the Prosecutor General, and the Office of the Ombudsman, as part of a “whole-of-government” approach. Sub-working groups for each of the priority areas, co-chaired by my Office, were swiftly established, and included civil society representation. Through this consultative process, an Implementation Plan has been developed to guide action on each pillar of the Framework, in a holistic manner.
The plan’s whole-of-government approach with wide-ranging support from international partners has helped to surface clear priority areas and to articulate them for a coordinated approach by the Ukrainian authorities and the United Nations as well as civil society, which is essential in reaching all survivors. Indeed, ensuring that survivors of sexual violence, as well as their children, have access to comprehensive services and effective referral pathways when and where the violence occurs is a central aspect of the plan.
The plan also comprises a strong focus on prevention. In this regard, fostering the capacity of the security and defense sector will be essential to prevent sexual violence by ensuring security actors are trained to respect and enforce zero-tolerance policies. The plan further outlines measures to mitigate the risk of human trafficking.
Finally, among these priorities, I consider the strengthening of rule of law and accountability as a central aspect of deterrence. It is critical that accountability for conflict-related sexual violence crimes is not an afterthought, as so often occurred in the past. National capacity to investigate and prosecute allegations of wartime sexual violence will be enhanced through coordination with first responders and the specialized unit within the Office of the Prosecutor General.
The Implementation Plan will remain a “living” document, in order to ensure agile programming that keeps pace with a fluid and fast-changing environment. Enhanced coordination avoids duplication and is crucial in a setting besieged by multiple and overlapping crisis. Focusing resources and expertise where they are most needed is essential as national and international actors work to respond to conflict-related sexual violence which has just occurred, while simultaneously striving to stem the tide of further violations. These joint efforts have helped shine a light on an often invisible crime, raising awareness by ensuring this issue is integrated into vital forums related to political, security and financial decision-making.
Running through all aspects of this work is the survivor-centered approach. Survivors are, and must be, our moral compass. With strong national leadership, and in partnership, we must collectively act for survivors.
Q2: How do you see the role of the United Nations, in particular your Office, in assisting the Government to strengthen accountability for crimes of CRSV and provide comprehensive assistance to survivors?
The role of the United Nations, in particular my Office, is primarily to support national efforts in the prevention and response to conflict-related sexual violence. The operational methodology of my Office is to support, but never supplant, the efforts of national authorities. This has been a guiding principle of the Framework of Cooperation.
In this regard, I have consistently worked to cast a spotlight on this heinous crime as well as the plight of its victims. I have done this as part of my work as Special Representative, but also as chair of the now 24-member United Nations Action network against Sexual Violence in Conflict. These efforts have been critical in leveraging political and financial support for the Government’s work and the engagement of United Nations’ entities in this area. In this connection, in the context of Ukraine and globally, I have been a relentless advocate of the survivor-centered approach, ensuring that survivors voices’, needs and aspirations breathe life into all of our efforts.
As part of the Framework’s Implementation Plan, my Team of Experts on the Rule of Law and Sexual Violence has provided and will continue to provide technical expertise and material support to the recently established Specialized Unit focusing on conflict-related sexual violence in the Office of the Prosecutor General. It is also providing support to national efforts to establish a reparations mechanism. The Team has already conducted a legal review of applicable national and international criminal law provisions in Ukraine – including the modes of liability, cumulative charging and the application of international treaties ratified by Ukraine – to analyse how to prosecute CRSV cases; and prepared legislative analyses on the Ukrainian Criminal and Criminal Procedure Codes both for the purpose of ongoing prosecution and legislative reform.
In direct response to a request of assistance by the CRSV Specialized Unit, in March 2023, the Team of Experts launched a series of workshops on Strengthening Victim-Centered Accountability for Crimes of Conflict-Related Sexual Violence in Ukraine. The series intends to address gaps in national expertise jointly identified with the CRSV Specialized Unit and increase the capacity of national investigators and prosecutors to pursue CRSV crimes, in accordance with international standards. The first workshop was held in Rzeszow, Poland, and was attended by 23 senior investigators and prosecutors from the central office and various regions of Ukraine, including from recently accessible areas where CRSV investigations and prosecutions are currently ongoing. A second workshop just took place in June 2023. Moreover, the Team of Experts is planning online focused expert meetings to connect prosecutors in the CSRV Specialized Unit with international experts, on specific thematic issues, including protection and support to CRSV victims during investigations and prosecutions.
Turning to the assistance to survivors, the ĢƵ Action Network on sexual violence recently developed a two-year joint proposal, including ĢƵFPA, WHO, IOM, ĢƵODC, ĢƵDP and ĢƵ Women, focusing on multi-sectoral services for survivors, including mobile clinics that provide mental and psychosocial support, as well as sexual and reproductive health care, in remote and war-torn areas. The 24 member-entities of the Network are dedicated to bringing essential and life-saving services to survivors of CRSV as well as working to prevent CRSV from happening in the first instance. Through its expertise, experience, and partnerships, the ĢƵ Action network aims to bolster national services and capacity to provide mental health and medical services, counselling and livelihood support to survivors as they work to recover in a context where war rages on.
Finally, my office is working to provide the necessary technical support and expertise to be deployed both within relevant Government institutions and ĢƵ entities on the ground to ensure the most efficient and coordinated approach in line with the Implementation Plan.
I wish to conclude by commending the strong leadership of the Ukrainian authorities in leading the response to and prevention of CRSV. Prioritizing a response to this scourge amidst a myriad of crises is nothing short of farsighted given the far-reaching ramifications of sexual violence crimes. I would like to conclude by reiterating my personal commitment and that of my office to the Framework of Cooperation and its Implementation Plan for the benefit of all the survivors.