The Global Code of Conduct for Gathering and Using Information about Systematic and Conflict-Related Sexual Violence
Foreword
This is a voluntary Code of Conduct which distils existing minimum standards for the safe, effective and ethical gathering and use of victim or survivor (“survivor”)1 information in relation to systematic and conflict-related sexual violence (“SCRSV”).2 It addresses those who document, investigate, report on, research, monitor and otherwise collect (“gather”) and use such information.
The Code is rooted in international law, including the fundamental human rights of survivors, such as the rights to dignity, privacy, health, security, access to justice, truth, and an effective remedy. As such, the Code reflects universal, non-negotiable core standards which should be applied by all actors in all contexts to uphold a survivor-centred approach. The Code embodies standards applying to individuals and to organisations, which should embed these standards in systems, policies, procedures, contracts and practice.
The Code is not a licence or encouragement to gather and use SCRSV information. It does not summarise or replace important technical guidelines in different sectors. The Code is not a shortcut to becoming and remaining competent to do this work responsibly and in a survivor-centred manner.
The Code is framed in the collective “we” to emphasise our voluntary commitment to work together to build and maintain safer and more effective survivor-centred practices. “We” signifies the important principle, “nothing about us, without us, is for us”, and working together with survivors, many of whom are also documenters, activists, lawyers, health workers, counsellors, etc., to promote their rights and choices. The Code has been developed through an extensive global consultative process, including survivors at every stage. “We” refers to individuals, teams, stakeholders and organisations in and across different contexts, including governments, inter-governmental organisations, civil society and funders. “We” rarely work alone, and shared standards across sectors can enable individuals, teams and organisations to work together responsibly.
This Code of Conduct applies:
to the direct, indirect, in-person and remote gathering of information from and about survivors in any form (including digital, written, verbal, audio-visual, photography) and its subsequent transportation, transfer, storage, use, sharing or publishing,
in relation to SCRSV (defined broadly and inclusively),
for any purpose which involves sharing or publishing such information, but excluding information-gathering for the purpose of immediate care or support of survivors.
It should therefore be applied, for example, by human rights investigators, documenters, monitors and activists, including open-source investigators; criminal investigators; other officials and experts who gather, seek or receive SCRSV information, including immigration and asylum officials and medico-legal experts; journalists; researchers; interpreters; and community-based support organisations, survivor groups and humanitarian workers who gather and share or publish such information (other than for immediate care and support purposes). It should also be applied by those who appoint, manage, fund and otherwise support or facilitate such information-gathering and use, including policy-makers. This is a not a complete list.
The current SCRSV focus of the Code stems from the origins of the initiative to identify and distil SCRSV standards and some factors specific to sexual violence, such as the societal attitude and stigma which further harm survivors. However, many of the standards in the Code apply equally to gathering and using information from or about survivors of other crimes and human rights violations.
“Survivor” includes survivors of all ages, including adults and children (persons under 183), and all genders and identities.4 SCRSV has a disproportionate impact on women and girls (situated within a broader continuum of violence arising from systemic gender and other inequities), which results in multiple harmful repercussions in their lives and affects our work. We should also factor into our work the breadth of other survivors, such as persons with disabilities, persons from LGBTQI+ communities,5 men and boys, and the overlaps in such identities.
The Code emphasises the need to recognise the individuality of survivors and to avoid making assumptions based on the groups that they belong to or on any single facet of their identities.6 For example, “children” are not a homogenous group and include people who are very diverse in terms of their age, maturity, resilience, education, gender, other identities and situations. Tailoring our approach to the individual strengths, needs and realities of survivors facilitates more effective and survivor-centred information-gathering and use.
Preparation is essential. We should actively avoid unplanned information-gathering and use, especially if we do not have the necessary systems, policies, procedures, risk assessments and plans in place. We must also address our over-reliance on survivor information. If we all decide that we need information from survivors, we create multiple demands and pressures on survivors and amplify risks of exposure and re-traumatisation. Whenever we can, we should look for SCRSV information from sources other than survivors (such as fact-pattern witnesses and expert reports) to reduce pressure on survivors.
The Code reflects that if done properly, those who gather and use information about SCRSV can avoid the false choice between being either survivor-centred or effective.
The Code’s principles and commitments are all inter-connected, mutually reinforcing and important. The numerical order does not signify priority or importance.