Information-gathering and use that fails to meet minimum ethical standards is rarely effective and does not deliver the promised value to survivors. The Murad Code is a critical part of the solution, with commitment and implementation by governments, UN bodies, other inter-governmental organisations, police services, other international and national investigating authorities, local and international NGOs, researchers, journalists, donors and others – a Code that applies regardless of who undertakes, manages, requests, funds or outsources documentation of systematic and conflict-related sexual violence (SCRSV), or who uses information or evidence collected by others.
The concept of a ‘code of conduct’ can vary across languages, cultures and professions. Often, there is a professional body or institution which mandates and monitors conduct of its members or employees against such a code. Although it is rooted in international law, the Murad Code is not legally binding and does not have a professional body or institution associated with it.
The vision for this Code is that those who voluntarily commit to - individuals and organisations - use it to build and support a culture of practice within which there is an expectation of commitment and adherence, and to hold themselves and their partners and team members accountable.
The vision is for there to also be improved cooperation and coordination between different sectors in support of the survivor-centred and effective gathering and use of information about SCRSV.
A globally supported code of conduct by itself may not greatly improve the situation. It will be a process involving self-reflection, dialogue, shared learning and support, and partnerships across sectors and between survivors, actors and stakeholders. It will require the review of existing approaches, policies and procedures. It will require a joint effort over time, the removal of drivers of ineffective and harmful documentation, and the strengthening of incentives for survivor-centred work. In short, it will require the construction of a safer, more effective and more co-ordinated ecosystem within which the gathering and use of SCRSV takes place.
During preliminary discussions held between July 2019 – February 2020 on the idea of such a code and the global consultation phase which started in June 2020, and which was based on the Draft Murad Code, survivors, practitioners and stakeholders from various sectors and regions expressed support for such a code and associated tools as a constructive contribution to address the identified problems and achieve the interlinked goals of the Murad Code project.
While there are specific reasons why the Code is focused at this stage on SCRSV, survivor rights apply to all, and ideally this Code would be applied regardless of the crime or systematic human rights violation endured by the survivor. Some feedback received recommended a broader application of the Code beyond just SCRSV to other forms of sexual violence, other gender-based violence and to other crimes or human rights violations. Based on the feedback received, actors and stakeholders should guard against applying rigid boundaries around the Code’s application which could create disparities in work with survivors of different forms of crimes or human rights violations. The consideration of a broader application of this Code beyond its initial focus is encouraged. The Draft Code of June 2020 has resonated far beyond where it started.
Systemic resource and power inequities and disparities are a barrier for implementation and use of the Code in communities affected by SCRSV. Ways to tackle this, and ways of incentivising and supporting the Code’s implementation, will be explored with actors and stakeholders, survivors included, in the roll-out of the project implementation strategy and plan.
