SPOTLIGHT CLE: WAR CHILD

Transcription

1 SPOTLIGHT CLE: WAR CHILD CLE Credit: 1.0 Thursday, May 12, :40 a.m. - 10:40 a.m. Cascade Ballroom B Kentucky International Convention Center Louisville, Kentucky

2 A NOTE CONCERNING THE PROGRAM MATERIALS The materials included in this Kentucky Bar Association Continuing Legal Education handbook are intended to provide current and accurate information about the subject matter covered. No representation or warranty is made concerning the application of the legal or other principles discussed by the instructors to any specific fact situation, nor is any prediction made concerning how any particular judge or jury will interpret or apply such principles. The proper interpretation or application of the principles discussed is a matter for the considered judgment of the individual legal practitioner. The faculty and staff of this Kentucky Bar Association CLE program disclaim liability therefore. Attorneys using these materials, or information otherwise conveyed during the program, in dealing with a specific legal matter have a duty to research original and current sources of authority. Printed by: Evolution Creative Solutions 7107 Shona Drive Cincinnati, Ohio Kentucky Bar Association

3 TABLE OF CONTENTS The Presenters... i Safe from the Start: Justice for Survivors of Gender-Based Violence in Acute Emergencies... 1 Summary of Project... 1 Problem Analysis... 2 Safe from the Start... 3 Analysis... 4 Profile of the Target Population... 5 Need... 6 UNHCR's Protection Framework on Access to Justice... 8 Program Description... 8 Program Description, Gender Analysis Progress through December 2015 Quarters 1 & Access to Justice... 19

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5 THE PRESENTERS Dr. Samantha Nutt Founder of War Child USA and Canada War Child USA, Times Square Post Office Box 668 New York, New York DR. SAMANTHA NUTT is an award-winning humanitarian, bestselling author and acclaimed public speaker. A medical doctor and a founder of the renowned international humanitarian organization War Child, Dr. Nutt has worked with children and their families at the frontline of many of the world's major crises from Iraq to Afghanistan, Somalia to the Democratic Republic of Congo, and Sierra Leone to Darfur, Sudan. A leading authority on current affairs, war, international aid and foreign policy, Dr. Nutt is one of the most intrepid and recognized voices in the humanitarian arena and is amongst the most sought-after public speakers in North America. With a career that has spanned more than two decades and dozens of conflict zones, her international work has benefited hundreds of thousands of war-affected children globally. Dr. Nutt is a respected authority for many of North America's leading media outlets. She is a regular foreign affairs panelist on the acclaimed news program, CBC TV News The National with Peter Mansbridge. Nutt's written work has been published by Maclean's Magazine, Reuters, The Globe and Mail, The National Post, The Ottawa Citizen and The Huffington Post, among many others, and she has appeared in More Magazine, Marie Claire, and on NBC Nightly News, BBC World News Service, WGN, and NPR, to name just a few. In November, 2015, Dr. Nutt spoke at the Ted Talks Live "War & Peace" event on Broadway in New York City, which will air on PBS on May 30 th, Dr. Nutt's critically-acclaimed debut book, entitled Damned Nations: Greed, Guns, Armies and Aid, was released by McClelland and Stewart Ltd. (a division of Random House) in October 2011 and was a #1 national bestseller in both hardcover and paperback. Lewis Lapham declared it a "brave and necessary book," while the Literary Review of Canada called it a "brilliant polemic." Damned Nations is a bracing and uncompromising account of Dr. Nutt's work in some of the most devastated regions of the world. Dr. Nutt was named one of Canada's "25 Transformational Canadians" by The Globe and Mail, and has been recognized as a "Young Global Leader" by the World Economic Forum. Time Magazine has featured her as one of Canada's "Five Leading Activists." In July 2011, Dr. Nutt was appointed to the Order of Canada, Canada's highest civilian honour, for her contributions to improving the plight of young people in the world's worst conflict zones. Dr. Nutt graduated summa cum laude from McMaster University, earned an M.Sc in Public Health with distinction from the University of London and holds a Fellowship in i

6 Community Medicine (FRCPC) from the Royal College of Physicians and Surgeons of Canada. She is further certified by the College of Family Practice and completed a sub specialization in women's health through the University of Toronto as a Women's Health Scholar. Dr. Nutt is the recipient of numerous honorary doctorates from universities in Canada and the U.S.A. Dr. Nutt is a staff physician at Women's College Hospital in Toronto and is an Assistant Professor of Medicine at the University of Toronto. She is the Founder of War Child Canada and War Child U.S.A., is a Senior Fellow at Massey College, University of Toronto and is on the board of the David Suzuki Foundation. Professor Gregory S. Gordon The Chinese University of Hong Kong Faculty of Law 6/F Lee Shau Kee Building Sha Tin, NT, Hong Kong SAR gregoryg@cuhk.edu.hk PROFESSOR GREGORY S. GORDON is Associate Professor and Assistant Dean for the Research Postgraduates Program at the Chinese University of Hong Kong (CUHK) Faculty of Law. Prior to joining CUHK, Professor Gordon was a tenured faculty member at the University of North Dakota (UND) School of Law and Director of the UND Center for Human Rights and Genocide Studies. He earned his Bachelor of Arts degree (summa cum laude) and Juris Doctor at the University of California at Berkeley. He then served as law clerk to U.S. District Court Judge Martin Pence. After a stint as a litigator in San Francisco, he worked with the Office of the Prosecutor for the International Criminal Tribunal for Rwanda, where he served as Legal Officer and Deputy Team Leader for the landmark "media" cases, the first international post-nuremberg prosecutions of radio and print media executives for incitement to genocide. For this work, Professor Gordon received a commendation from Attorney General Janet Reno for "Service to the United States and International Justice." After his experience at the ICTR, he became a white-collar criminal prosecutor with the U.S. Department of Justice, Tax Division. Following a detail as a Special Assistant U.S. Attorney for the District of Columbia, he was appointed as the Tax Division's Liaison to the Organized Crime Drug Enforcement Task Forces (Pacific Region) for which he helped prosecute large narcotics trafficking rings. Also during this time, he was detailed to Sierra Leone to conduct a post-civil war justice assessment for the Department of Justice's Office of Overseas Prosecutorial Development, Assistance, and Training. In 2003, he joined the Department of Justice Criminal Division's Office of Special Investigations, where he helped investigate and prosecute Nazi war criminals and modern human rights violators. ii

7 Professor Gordon has been featured on C-SPAN, NPR, the BBC and Radio France Internationale as an expert on war crimes prosecution and has lectured on that subject at the United Nations, the International Criminal Court, the United States Army Judge Advocate General School, the Harry S. Truman Presidential Museum and Library, and the United States Holocaust Memorial Museum. He has trained high-level federal prosecutors in Addis Ababa at the request of the Ethiopian government, as well as prepared prosecutors for the Khmer Rouge leadership trial at the Extraordinary Chambers in the Courts of Cambodia in Phnom Penh, and trained lawyers and judges at the War Crimes Chamber for the Court of Bosnia and Herzegovina. His scholarship on international criminal law has been published in leading international academic publications, such as the Columbia Journal of Transnational Law and the Virginia Journal of International Law as well as top American flagship law reviews such as the Ohio State Law Journal and the Oregon Law Review. He is one of the world's foremost authorities on incitement to genocide and his book Atrocity Speech Law: Foundation to Fruition, proposing a new paradigm for international hate speech law, will be published by Oxford University Press in Professor Gordon has presented his work at institutions such as Harvard Law School, Columbia Law School, Yale University, Georgetown University Law Center, Melbourne Law School, and Katholieke Universiteit Leuven. He was the inaugural winner of the North Dakota Spirit Law School Faculty Achievement Award in 2009 and was invited to deliver the prestigious UND Faculty Lecture in In 2010, Professor Gordon co-wrote the U.S. Supreme Court amicus brief of Holocaust and Darfur Genocide survivors in the case of Yousuf v. Samantar. He also represented the International League for Human Rights at the International Criminal Court Conference in Kampala, Uganda. In 2012, he was the BBC World News live onair television analyst for the announcement of the historic Charles Taylor trial verdict. He is an adviser on hate speech issues for the Sentinel Project on Genocide Prevention's Advisory Council and serves on the Council of Advisors for the Global Institute for the Prevention of Aggression. iii

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9 SAFE FROM THE START: JUSTICE FOR SURVIVORS OF GENDER-BASED VIOLENCE IN ACUTE EMERGENCIES SINGLE YEAR PROJECT FUNDED BY U.S. STATE DEPARTMENT BUREAU OF POPULATION, REFUGEES AND MIGRATION War Child North America Summary of Project Name of Organization: Name of Project: Country: Site(s)/Location(s): Partner Institutions: War Child North America Safe from the Start: Justice for Survivors of Gender- Based Violence in Acute Emergencies Uganda where War Child has had established Justice programming since South Sudanese Refugee Settlements in Adjumani, Arua, Koboko, Kiryandongo Districts United Nations High Commission on Refugees (UNHCR), Women's Refugee Commission, International Refugee Committee (IRC) Funder: Population, Refugee and Migration Dept, U.S. State Department Type(s) and Number of Beneficiaries: Direct: 49,394 Indirect: 98,788 Refugees: 36,000 Non-refugees: 13,394 Proposed Program Dates: June 15, 2015-June 14, 2016 Project Goal: Program Objectives: To reduce the incidence of Gender Based Violence (GBV) and ensure quality services for survivors from the very onset of emergencies through timely and effective humanitarian action. Objective 1: Increased capacity of protection actors (m/f) (including police and community protection groups) to maintain a robust protective environment within refugee settlements. Objective 2: Increased legal protection and immediate referral services for survivors of GBV to combat impunity and prevent repeat offenses. Objective 3: Improved evidence base for "what works" in GBV prevention and response by developing and disseminating key learnings to the wider humanitarian community. 1

10 War Child North America launched Safe from the Start in June Following is the proposal for the program, which outlines in detail the justice and security context and issues facing refugees in camps, specific needs, core objectives of the project, and implementation plans. At the conclusion is a brief update of what has been achieved in the first six months of the project. This document will help the reader to understand the complexities and scope of addressing sexual and gender based violence (SGBV) with displaced populations in conflict zones, the need to make sure people understand their rights and have access to justice and protective services, as well as the importance of rebuilding and strengthening ravaged justice systems. To note: According to UNHCR (United Nations High Committee on Refugees), the South Sudanese refugee population in Uganda as of December 2015 is estimated to be 270,000. Direct beneficiaries are those who participate directly in our programs and indirect beneficiaries are those who benefit because living circumstances are improved because of program outcomes or because they have received assistance from direct beneficiates. PROBLEM ANALYSIS Despite a second ceasefire agreement, ongoing violence continues to force South Sudanese civilians across the borders of Kenya, Ethiopia, Uganda and Sudan. There are currently over 110,000 1 South Sudanese refugees in Uganda (including estimates for those currently unregistered), settling in Adjumani, Arua, Koboko and Kiryandongo districts. The massive and sudden influx of South Sudanese refugees since December of 2013 has drastically increased pressure on Uganda's Office of the Prime Minister (OPM), which is responsible for coordinating the refugee response with support from UNHCR. The recently launched International Protocol on the Documentation and Investigation of Sexual Violence in Conflict 2 highlights that "the lack of accountability of those who commit crimes of sexual violence in conflict exacerbates impunity." In times of war and conflict, structures that traditionally protect women and children, including formal and informal justice systems and respect for the rule of law, break down leaving them vulnerable to abuse including but not limited to rape, early and forced marriage and domestic violence. Refugee women and girls are more affected by violence than any other population of women in the world, and all refugee women are at risk of rape or other forms of sexual violence such as female genital mutilation; 3 their lives are at risk on a daily basis. Legal protection, with its foundations in justice and security, is essential to conflict prevention, mitigation and recovery; it is essential in saving lives. International law recognizes that gender-based violence (GBV) is a gross violation of fundamental rights as legislated in the UN Security Council Resolutions 1820 and 1325, the Convention on 1 "Uganda Humanitarian Situation Report," UNICEF, June See Annex 6 for War Child North America's statement on the Protocol. 3 "Vulnerable Women's Project Good Practice Guide: Assisting Refugee and Asylum Seeking Women Affected by Rape or Sexual Violence," Refugee Council, September

11 the Elimination of Discrimination Against Women (CEDAW), UN Refugee Conventions and the Constitution of the Republic of Uganda. Based on its own assessments, War Child North America has identified an urgent need to save lives through addressing the lack of protection, including legal, for vulnerable women and children. Within the settlements in Uganda, overcrowding, the disproportionate number of women and ethnic tensions combined with inadequate services are creating the pre-conditions for violence against women, placing their lives at risk. Until this is sufficiently and appropriately addressed, the extreme physical and psychological trauma suffered by survivors will continue. Additionally, GBV risks engendering and aggravating the already stark ethnic divisions amongst refugees. Of the patchwork of legal protection programming that does exist in Northern Uganda, War Child North America is the only one focusing specifically on dealing with GBV prevention or response. War Child North America is currently an operating partner of UNHCR in Northern Uganda, and has been implementing protection and GBV prevention and response programming, including legal protection, for South Sudanese refugees in Adjumani since the onset of the refugee crisis. This new project will scale up this intervention and build on War Child North America's extensive experience implementing protection programming in acute refugee emergencies and IDP (Internally Displaced Persons) situations to achieve the following objectives: Objective 1: Increased capacity of protection actors (police, community protection groups, individuals and community structures) to maintain a robust protective environment within refugee settlements. Objective 2: Increased access to justice and immediate referral services for survivors of GBV to combat impunity and prevent repeat offenses. Objective 3: Improved evidence base for "what works" in GBV prevention and response by developing and disseminating key learnings to the wider humanitarian community. SAFE FROM THE START This project will contribute to the following Core Objectives of USAID/DCHA's Safe from the Start: Core Objective 1 Increasing dedicated GBV interventions; Core Objective 2 Integrating GBV risk mitigation across all humanitarian sectors; Core Objective 3 Increasing accountability at the global level. This is being achieved through contributions to the following Proposed Actions as outlined by Safe from the Start: 1. Address the critical shortage of humanitarian professionals with skills needed to implement multi-sector GBV prevention and response programming, through support for technical expert surge capacity at global and regional levels and promising mentorship and training schemes. (Project Activities 1.1, ) 2. Support key international organization partners to develop their institutional capacity for ethical, survivor-centered GBV prevention and response, through training and establishing new GBV positions and programs. (Project Activities 1.1, ) 3

12 3. Build the evidence base for what works in GBV prevention and response by funding pilot programs, evaluations, research and the development of innovative new practices. (Project Activity 3.1) 4. Expand understanding and sharing of best practices for preventing and responding to GBV in urban/non-camp settings. (Project Activities ) 5. Develop new resources, or improve upon existing tools as needed, for integrating gender-based violence and protection mainstreaming measures across different sectors. 6. Invest in capacity building and training across all areas of humanitarian response in order to build awareness of standards and tools and enable broad uptake of their use. (Activities , 2.5) 7. Support the development of guidelines and training materials that will help responsible actors at all levels gain the skills and competencies needed to uphold their GBV responsibilities. (Activities 1.1, 2.5, 3.1) ANALYSIS War Child North America is currently an operating partner of UNHCR in Adjumani. At the very onset of the refugee emergency, War Child North America conducted assessment missions in the refugee settlements of Dzaipi, Nyumanzi (Adjumani district) and Kiryandongo. War Child North America also participated in the inter-agency assessment mission sent to Dzaipi and Kiryandongo settlements in West Nile in January of 2014 to assess emergency protection needs amongst refugees. As an operational partner of UNHCR, War Child North America officially began protection operations in Adjumani in February From these assessments as well as War Child North America's operational presence, and regular meetings with UNHCR's country and technical teams, the OPM, the Justice, Law and Order Secretariat (JLOS), and multiple implementing partners, the gaps in GBV programming are glaring. The OPM has dispatched police and national forces to maintain security and order in the settlements. This includes the formation of district security committees, which are visiting communities and trying to mediate issues and ensure peaceful resolution. However, it has become clear that significant capacity building efforts are needed to ensure that all those involved, including police and the security committees, are sensitized on how to appropriately handle cases, including those that involve GBV and not further exacerbate existing tensions. Protection of vulnerable refugees against violence, exploitation and abuse, including GBV, is a serious concern and lives are at risk. From its current work providing emergency security and protection to women and children refugees in Adjumani, including a safety audit conducted in Olua 1, Boroli, Ayilo 1 and 2, Nyumanzi and Baratuku settlements, War Child North America has observed that there are significant gaps in the Protection sector. The cramped conditions, disproportionate number of women and children, ethnic tensions, little to no information and/or lack of sufficient protection services has drastically increased the vulnerability of women and children to GBV placing lives at risk. War Child North America has noted the following immediate needs: 4

13 1. Awareness: There is a lack of information on available services flowing into transit centres where new arrivals wait to be moved to settlements as well as a general lack of information amongst women and girls about how and where to access protection or other life-saving services. The majority of those surveyed during the safety audit could not identify a protection focal point within their settlement. Respondents also indicated that sexual violence was a matter most commonly handled by community leaders, with many unaware of other avenues of reporting. 2. Emergency Shelters: There are minimal shelters or reserved/safe areas for newly arrived children or women, including survivors of GBV. It is also crucial that survivors receive refuge and immediate access to other services such as legal, medical and psychological support after a violent act. These services can be offered at or referred through emergency shelters. 3. Capacity Building of Camp and Settlement Security: There is a large security presence in the settlement; however they lack the capacity and sensitivity to respond to the immediate and special needs of vulnerable persons including women and children. 4. Legal Protection: Survivors are afraid to report rape and other forms of violence, not only because of intimidation, hostility and potential marginalization from the community, but also due to a dysfunctional judicial system. The judicial system lacks the capacity to ensure redress, which often results in the protection of suspected perpetrators. Without a functioning judicial system, GBV continues with impunity with little repercussions for perpetrators and placing women and children's lives at risk. 5. Capacity Building of Health Practitioners: There are few health practitioners trained to address cases of sexual violence. Most cases are referred to Dzaipi Health Centre, supported by Doctors Without Borders (MSF), which has only three staff trained on GBV, Pakele Health Centre which has only four staff trained on GBV. PROFILE OF THE TARGET POPULATION This project will target 49,394 direct beneficiaries (36,000 refugees, 4 13,394 host country nationals) and 98,788 indirect beneficiaries currently living in Adjumani (including Alere 2, Baratuku, Nyumanzi 1, Mirieyi, Mongula 1, Ayilo 1, Ayilo 2, Boroli, Olua 1, Olua 2, Dzaipi settlements), Arua (Rhino camp settlement), Koboko and Kiryandongo (Kiryandongo refugee settlement) districts. Of those directly targeted 25 percent will be newly arrived, 65 percent will be female and 40 percent will be under the age of eighteen. The current South Sudanese refugee population in Uganda is estimated at 110,000 5 currently living in all refugee settlements in Adjumani (including Alere 2, Baratuku, 4 All INGOS are required to direct their services to 70 percent refugees and 30 percent host communities as per the National Response Plan. 5 "Uganda Humanitarian Situation Report," UNICEF, June

14 Nyumanzi 1, Mirieyi, Mongula 1, Ayilo 1, Ayilo 2, Boroli, Olua 1, Olua 2, Dzaipi settlements), Arua (Rhino camp settlement) and Kiryandongo (Kiryandongo refugee settlement) districts. UNHCR estimates that on top of this figure, an additional 190,000 new refugees will cross the Ugandan border by the end of An estimated 86 percent of South Sudanese refugees in these settlements are women and children (with 65 percent under the age of eighteen) 7 including particularly vulnerable groups such as pregnant women, young mothers and newborns, elderly or disabled women, unaccompanied children, and those orphaned or widowed as a result of violence. In the target settlements within Adjumani, Arua and Kiryandongo districts, 21 percent of the refugees are Nuer and 61 percent are of Dinka origin. 8 The majority of refugees originate from Jonglei and Central Equatoria in South Sudan, including the hardest hit areas of Bor South and Juba. 9 According to an assessment of over 3,000 refugees in Adjumani carried out by the Protection Working Group with UNHCR support, those considered most vulnerable include those with mental illness, child-headed households, child mothers (under the age of eighteen) and single parents. The largest category of vulnerable people however is older persons unable to care for themselves and older persons caring for children. War Child North America will specifically seek to identify and address the needs of older people through targeted awareness campaigns. NEED The OPM and local district administrators are fully coordinating with UNHCR to handle this emergency situation, but have both indicated that the overall financial and implementation burden is currently beyond their capacity. War Child North America's findings indicated that there are insufficient protection structures (within and external to the settlements) to keep vulnerable women and children safe from sexual violence, abduction and existing and escalating conflict with host communities. War Child North America has conducted safety audits in Olua 1, Boroli, Ayilo 1 and 2, Nyumanzi and Baratuku settlements (Adjumani), which has informed its understanding of the most prevalent forms of GBV. The safety audits gathered information on access to various facilities within the settlements (e.g. latrines, water sources), the presence of security personnel in the settlements, existence of protection focal points, danger zones where women and girls are at risk, types of violence most common to the settlements and availability of survivor support services. Survey findings revealed domestic violence, assault threatening violence and child neglect as the highest protection risks. UNHCR has commenced contingency planning as the number of South Sudanese refugees has surpassed 100,000 and the situation in South Sudan has continued to deteriorate. Further, the rainy season and increased food insecurity is likely to spark massive population movements over the coming months and potentially increase 6 Inter-Agency Meeting Presentation given by UNHCR April 8, "Inter-Agency Appeal for South Sudanese Refugees," UNHCR, March Inter-Agency Meeting Presentation given by UNHCR April 8, "South Sudan: Areas of Origin of newly arrived refugees in Uganda," UNHCR, May

15 tensions and conflict. Two scenarios are being explored the "most likely" and the "worst case" scenario. 10 Most Likely Scenario Regionalization of the conflict, militarization of refugee camps; Continuation of violence and fighting, targeting of children for armed activities; Continuous breakdown of law and order; deterioration of the political and security situation; Refugee population in Uganda expected to rise to 300,000 by December Worst Case Scenario Total collapse of law and order; Ethnic confrontation spreading to other states; Increased targeting of civilians; Mass exodus of population (from South Sudan) Regionalization and further militarization of the conflict; Sudanese refugees forced to join the sides of the conflict; Spill-over of the conflict to neighbouring countries; Refugee population in Uganda hits 350,000 by December This project contributes directly to both scenarios through addressing the breakdown of law and order and increasing protection services for refugees. While other INGOs are currently implementing protection services including Lutheran World Federation and Save the Children, there is a need to drastically increase services and outreach to reach the increasing numbers of refugees. UNHCR confirms that the activities proposed by War Child North America will " contribute to the UNHCR's overall protection objective that ensures SGBV remains part of emergency and post-emergency humanitarian response. It shall also contribute to UNHCR's comprehensive protection framework on access to justice for SGBV victims and survivors." 11 War Child North America found that there is little to no access to information of available services, insufficient services for the number of refugees and instances where communities are taking the law into their own hands (vigilante justice) due to gaps in legal protection. Urgent support and promotion of protection is needed to prevent a culture of impunity from taking hold in the West Nile Region. War Child North America staff have heard numerous accounts of unreported child abuse and GBV and there are fears of members of the Lord's Resistance Army infiltrating the area. Additionally, while there are some safe spaces managed by multiple UNHCR partners, shelters for women are lacking. This project contributes to filling that gap as, of the patchwork of legal protection programming that does exist in Northern Uganda, none specialises in dealing with GBV cases other than that implemented by War Child North America, particularly with 10 Inter-Agency Meeting Presentation given by UNHCR April 8, See Annex 12 for the UNHCR support letter to War Child North America. 7

16 refugees. Few are currently working directly with legal stakeholders (e.g. lawyers, the judiciary, local council courts, police and probation officers, and the army) to address the demonstrated lack of knowledge, awareness and understanding of their legal roles and responsibilities with respect to refugee women's rights, especially as they pertain to GBV. The police are not fully trained in techniques of handling cases of GBV, particularly those affecting refugees. While some training has recently been offered, it is not sufficient and, as police regularly leave posts in the North for those in the South of the country, ongoing training for new recruits is vital. UNHCR'S PROTECTION FRAMEWORK ON ACCESS TO JUSTICE This project also contributes to UNHCR's comprehensive protection framework on access to justice for SGBV victims and survivors, 12 as noted above by UNHCR and in the attached support letter. 13 Specifically, this project will address the following Action Areas for Uganda outlined in the framework: 1. Facilitate access to lawyers for refugees who wish to pursue legal justice. (Activity 2.3) 2. Train interpreters, drawn from the community, to be available to assist in legal matters. Provide post-court follow up and child care for female/male headed households when they are to appear in court. Consider the specific needs of persons with disabilities and unaccompanied minors who are pursuing legal remedies. (Activity 1.2) 3. Provide court support workers chosen by the community and supported by Implementing Partners to provide information regarding legal procedures, time and date of court appearance and transportation. If possible these support workers should be available to accompany complainants in the courtroom. (Activity 1.2) 4. Offer alternatives for safe housing with support services to survivor of SGBV. This could be either a drop-in centre; a safe house; or another settlement/village. (Activity 1.4) PROGRAM DESCRIPTION The goal of this project is to reduce the incidence of GBV and ensure quality services for survivors from the very onset of emergencies through timely and effective humanitarian action. The project will target 49,394 direct beneficiaries (70 percent refugees 14 ) and 98,788 indirect beneficiaries (70 percent refugees) currently living in Adjumani (including Alere 2, Baratuku, Nyumanzi 1, Mirieyi, Mongula 1, Ayilo 1, Ayilo 2, Boroli, Olua 1, Olua 12 "UNHCR's Comprehensive Framework on Access to Justice for SGBV Victims and Survivors," Gender Equality Unit, UNHCR CEDAW/AccesstoJustice/UNHCR_Annex.pdf. 13 See Annex All INGOS are required to direct their services to 70 percent refugees and 30 percent host communities as per the National Response Plan. 8

17 2, Dzaipi settlements), Arua (Rhino camp settlement), Koboko and Kiryandongo (Kiryandongo refugee settlement) districts. Activities will work in accordance with the Minimum Standards for Child Protection in Humanitarian Action. 15 War Child North America will build on its extensive experience in access to justice and protection programming as well as its current protection activities in Adjumani, to implement the following activities: Objective 1: Increased capacity of protection actors (m/f) (including police and community protection groups) to maintain a robust protective environment within refugee settlements. War Child North America will increase capacity of protection actors to maintain a robust protective environment through an integrated approach focusing on two key outputs: 1) protection actors have the skills and knowledge to adequately prevent and respond to GBV; and 2) community members have increased opportunities to participate in the promotion of women and children's rights and the maintenance of a protective environment. Through the following activities War Child North America will target members of the refugee community including community leaders (m/f) and pre-existing community structures which present a unique opportunity to influence change given their reach within the community and their intimate knowledge of the context from which the refugee population originates. 1.1 Train 250 police, army officials (m/f) and local service providers (local NGOs and local CBOs present in the settlements) on refugee rights and obligations, International legal framework, interpreting the Refugee Act 2006 and Immigration Act, SGBV and Child Protection, and protection coordination and action plans to ensure improvement of a favourable protection environment for the persons of concern (as per UNHCR). Trainings will be based on War Child North America's LAAT Methodology 16 and tailored to each target group. 1.2 Establish ten Community-Based Protection Committees (CBPCs) with twenty members each (m/f) and of which 40 percent are youth. Preference is given to strengthen existing community structures e.g. Refugee Welfare Committees. The capacity of CBPCs will be built to make referrals to emergency protection services and provide information to individuals regarding their rights. CBPCs will also produce Community Protection Assessments (one per committee for a total of ten) to identify GBV concerns. War Child North America will work with male and female community leaders in order to identify a diverse range of CBPC members based on set criteria including but not limited to gender, age, tribal background, leadership ability and area of origin in South Sudan. Community Based Protection Committees (CBPCs) are trained to act as focal points in their communities for protection issues. CBPCs will receive training on 15 These Minimum Standards build on other standards such as the Sphere Handbook. 16 War Child North America's Legal Aid, Awareness and Training (LAAT) Methodology has been developed based on a decade of work in protection and legal training with stakeholders and protection actors in multiple countries. 9

18 the referral system and data collection for Community Protection Assessments. CBPCs will jointly develop Terms of Reference with War Child North America outlining their roles and responsibilities at the outset of the project. CBPC training is held separately from the police, army officials and local service providers. War Child North America has seen positive results from this model of work from its child protection programming in Afghanistan with displaced populations where CBPCs grew to play a lead role in the community-based referral system, and we intend to replicate these best practices in the Ugandan refugee settlements. For example, 70 percent of displaced Afghan children with protection concerns brought forth by adolescent peer groups to the CBPCs were addressed (the remaining 30 percent can be attributed to lack of government response to issues such as a lack of schools in various communities). Child protection concerns included physical abuse, new cases of orphan children, children's health problems, and early forced marriages. Through this project, the capacity of CBPCs will be built in order to make referrals to emergency protection services using established pathways, provide information to individuals regarding their rights, supported in order to participate in joint assessments and assisted through the government Child Protection Action Network and other service providers. 1.3 Conduct open air sensitizations, community dialogues and radio programming targeting 40,000 refugees (m/f), which will include: a) understanding of protection including GBV; b) where and how to access protection services; and c) distribution of information, education and communication (IEC) materials informing refugee communities about their protection rights. Messages will be targeted at specific populations (e.g. men and boys) with some that are specifically targeted at children. As organizational rapid assessment data confirmed that young girls are often expected to carry out domestic duties such as fetching water, 17 sensitizations will also target smaller groups at strategic gathering points including water points (boreholes and water tanks, including those recently installed or rehabilitated by UNHCR in Arua and Ayilo 2) in order to maximize reach amongst refugee women and girls. On a quarterly basis, War Child North America will also use this opportunity to share project progress and results with beneficiaries. Further information is detailed below in Beneficiary Interaction and Capacity Building. Information from War Child North America's assessments has informed the content of War Child North America's community awareness sessions. Further, War Child North America uses its cases management statistics and its toll free hotline log to gauge up to date trends in the most prevalent forms of violence in the settlements. War Child North America staff has received Safe from the Start training on engaging male youth in disseminating positive messaging against sexual and gender-based violence and exploitation. War Child North America is currently building on this training by engaging youth groups (male and female) to disseminate anti-gbv and sexual exploitation messaging in the settlements. 17 "Rapid SGBV Assessment: South Sudanese Refugee Operation in Adjumani," War Child North America. February

19 War Child North America has worked with IRC in the past in Uganda, particularly in the implementation of the five year UN Joint program on GBV in Uganda. Most recently, IRC influenced the development and improvement of various tools including the safety audit developed in 2014 for use in Adjumani. War Child North America shall continue to engage IRC in order to implement best practices. Training topics are tailored to each target group in accordance with their roles as duty bearers and are held independently of one another (e.g. police are not trained jointly with local service providers). Topics include laws pertaining to refugees (e.g. Refugee Act 2006 and Immigration Act), procedural best practices, international legal frameworks pertaining to SGBV and Child Protection, and protection coordination and action plans, as it pertains to their line of work and based on consultations with stakeholders (e.g. district police chiefs) on training needs. All trainings are led by War Child North America using a variety of training materials including War Child North America's own SGBV Prevention and Response Facilitator's Manual (for local law enforcers, justice actors and first responders), SASA! Activist Kit for Preventing Violence Against Women, and UNHCR's Zero Tolerance to SGBV and Protecting Refugees A Field Guide for NGOs. Training material and technical expertise from other service providers who are members of interagency and protection working group meetings will be maximized where possible through the sharing of tools, materials and pooling of expertise between members. Objective 2: Increased legal protection and immediate referral services for survivors of GBV to combat impunity and prevent repeat offenses. War Child North America will provide access to legal protection through an integrated package of services focusing on the following output: refugee women and children have increased and immediate access to legal support, counselling and referral services. 2.1 Establish and operate mobile "one-stop shop" protection unit, staffed with legal officers and able to register cases, perform mediations and meet with clients on site providing 5,000 survivors with legal protection and referrals to organizations implementing other services including shelter, health and psychosocial. War Child North America, as both a registered law firm and legal aid service provider in Uganda, as well as an INGO, emphasizes either the formal Ugandan legal system or community based/traditional legal systems on a case by case basis. This means that for capital offences (criminal cases) the formal legal system must be accessed whereas for civil matters or family law, alternate dispute resolution that aligns with the traditional system is utilized. War Child North America utilizes a survivor-centred approach that considers the well-being of our clients first and foremost. The target of 5,000 survivors is based on War Child North America's current experience of working in South Sudanese refugee settlements in Northern Uganda. Through interventions to-date (between March to December 2014) War Child North America has been able to directly work with 2,962 beneficiaries of legal aid in Adjumani alone. 11

20 2.2 Establish four community-based help desks/intake offices and a toll-free hotline to respond to protection concerns upon arrival and to make referrals. For those in need of assistance beyond the scope of this project, War Child North America will provide referrals to the appropriate provider for services such as medical needs. War Child North America currently operates a help desk in Adjumani and will therefore establish two additional help desks in the reception areas of Arua and Kiryandongo. The help desks are strategically located near the community centers of the settlements. This means that refugees can enter the centers and access a variety of services anonymously. Furthermore, at the help desk clients are given numbers so that their identity is protected even amongst War Child North America staff. From War Child North America's experience in the settlements, most refugees have their own cell phones or a close family member from whom they can gain access. 2.3 Train 125 prosecutors, judiciary and government health practitioners on GBV response procedures. Particular attention will be paid to laws pertaining to refugees and procedural best practices (e.g. ensuring the proper medical forms are filled out so that GBV evidence stands up in court). This need was directly highlighted in the newly launched International Protocol on the Documentation and Investigation of Sexual Violence in Conflict. War Child North America provides structured trainings to government health practitioners to enhance their capacity in the realm of medico-legal services. Trainings focus on clinical forensic service skills such as medical examinations of the living for legal purposes which may involve the filling in of Police Forms 3, and its Appendix. Improving the appropriate collection and documentation of evidence as well as building the confidence of health practitioners to present expert findings in court is a critical need. In addition, War Child North America will co-ordinate with UNFPA regarding further training of medical practitioners on the clinical management of rape as well as the survivor's right to choose whether or not to take legal action. Objective 3: Develop and disseminate key learnings to the wider humanitarian community. War Child North America will build the evidence base for what works in GBV prevention and response through an integrated package focusing on two key outputs: 1) provision of evidence-based support to humanitarian actors and stakeholders; and 2) establishment of an international platform through which humanitarian actors can expand their understanding and share best practices for preventing GBV. 3.1 Document model for Safe from the Start: A Guide to GBV Legal Protection in Acute Emergencies including best practices, lessons learned and techniques for legal protection mainstreaming in emergencies. The guide will be widely disseminated through local and international networks including the Global Protection Cluster, InterAction, European Development Days, Policy Action Group for Emergency Response (PAGER) which sits on the SPHERE Board, U.S. Institute for Peace, USAID, the Ugandan Legal Aid Service Provider's Network and War Child International. War Child North America will employ a 12

21 mixed method approach to documenting the model, using both quantitative and qualitative data collection methods, and building on Results-Based Management and Outcome Mapping methodologies. Particular attention will be paid to most common risk factors that contribute to GBV within an acute emergency context and best practices to prevent and respond to identified risks. The practitioners guide, Safe from the Start: A Guide to GBV Legal Protection in Acute Emergencies, will be published jointly by War Child North America and the Women's Refugee Commission, based on an external review and contextual analysis of War Child North America's integrated model of legal protection practice in the refugee settlements in Northern Uganda. This review will examine and draw upon the effectiveness, impact and replicability of this model in order to create a set of practitioner guidelines for legal protection in acute emergencies. Our partner, the Women's Refugee Commission, will play a key role in conducting the external analysis, developing the guide and disseminating the results jointly with War Child North America. The review will provide comparison between the learnings from this legal protection approach with refugees with War Child North America's extensive experience of successfully working with GBV survivors, conflict-affected and displaced populations from non-refugee communities during the past decade. The review will distil lessons learned and best practices from this unique approach to protection for global distribution. Additionally, this analysis will examine the prospects for replicability of this model in terms of practical implementation by other legal protection service providers in refugee settings. Following publication, the practitioners guide will be presented and disseminated broadly to a number of networks and at events in Washington including the U.S. Department of State, OFDA, USAID, Interaction GBV forum members, and in Uganda with the Ministry of Justice and Constitutional Affairs, Ministry of Gender, Labour and Social Development, and Office of the Prime Minister. 18 Key questions to guide the analysis include: 1. How do legal protection services and approaches enhance the protective environment for refugees? 2. What are the main challenges in establishing legal protection services in a refugee setting and what are effective strategies for overcoming them? 3. What defines a survivor-centered approach in legal protection? 4. What key adaptations must be made to traditional legal protection programming approaches to ensure legal protection in acute emergencies? 18 Current prospects include local and international networks such as IRC's GBV Responders Network, InterAction's GBV Working Group, the Global Protection Cluster/GBV AoR Working Group, the Humanitarian Response Network of North America which sits on the SPHERE Board, U.S. Institute for Peace, USAID, the Ugandan Legal Aid Service Provider's Network and War Child International. 13

22 5. What are the primary needs of clients and what has been the impact of War Child North America's services for them? 6. What are the minimum standards for legal protection that should be met in emergency situations? 7. What are the prospects for replicability in other refugee situations and what steps could others take in different locations to test replicability, best practices and lessons learned from Northern Uganda? The review will use both qualitative and quantitative assessment approaches including semi-structured interviews, focus group discussions and surveys to gather primary data from both refugee and non-refugee project locations, which include Adjuamani, Arua, Koboko, Kiryandongo and Gulu. This will be conducted in coordination with appropriate stakeholders including Office of the Prime Minister in order to obtain necessary permissions. A baseline survey will be undertaken from the outset of the project which will be informed by and formulated from both War Child North America's refugee and non-refugee legal protection response services. War Child North America will identify past and current service recipients, government and legal officials, local staff members and other stakeholders such as partner organization representatives for data collection. War Child North America will work with the Women's Refugee Commission to finalize the methodology and to determine the data collection strategy, timeline and work plans. The methodology will ensure adherence to strict ethical guidelines, as per the standard practice of both Women's Refugee Commission and War Child North America. The analysis and subsequent development of legal protection guidelines aligns with the Core Objectives and Proposed Actions of Safe from the Start in that it will build the evidence-base, expand understanding and sharing of best practices and help humanitarian actors gain the skills and competencies needed to uphold their GBV responsibilities. This research will make a significant contribution to a nascent research area not fully addressed by current literature, within the Safe from the Start framework. 3.2 Present model and results to stakeholders in Uganda and Washington. In Uganda this will include the Ministry of Justice and Constitutional Affairs, clusters, Ministry of Gender, Labour and Social Development, OPM, UNHCR. In Washington, this will include USAID, the U.S. Department of State and InterAction members. Presentations will include opportunities for audience feedback and recommendations for cross-sectoral collaboration on GBV prevention and response in emergencies. 3.3 Establish online Safe from the Start Community of Practice using Facebook, to serve as a platform for ongoing discussions on key themes such as the potential for integrating GBV prevention and response activities across other humanitarian sectors. 14

23 PROGRAM DESCRIPTION, GENDER ANALYSIS To understand the gender dynamics within the target population, it is necessary to explore the pre-existing roles, power dynamics and needs that traditionally characterized South Sudanese society prior to displacement. Gender dynamics in South Sudan are influenced by the social and economic repercussions of pervasive conflict. In Upper Nile State, where many of the refugees in the Ugandan settlements originated, 82 percent of women and 81 percent of men agreed that women should tolerate violence to keep their family together and 69 percent of respondents knew at least one woman who was beaten by her husband in the past month. Despite progress since independence, including the introduction of The Transitional Constitution and Bill of Rights (2011) which provides guarantees for the equality of men and women, the majority of women in South Sudan are marginalized from decisionmaking at the household level and beyond. Although many of South Sudan's statutory laws contain protections for women and girls such as prohibiting rape and sexual assault and allowing land ownership by women the government is rarely able to enforce them. Human Rights Watch and Amnesty International highlight evidence of extensive domestic violence, sexual harassment and sexual assault throughout the country, especially in rural areas. 19 During conflict, community protection mechanisms break down leaving women even more vulnerable. From its work in Adjumani, War Child North America has gathered key insight into community perception on GBV and perception risks as identified by refugees themselves: 1. Early marriage as well as forced marriage is prevalent amongst refugees. It was also noted that parents negotiate and arrange their daughters' marriage and once girls are raped, the "rationale" being that perpetrators pay dowry to victims' family for compensation. 2. Wife beating is prevalent and considered as a manner of "disciplining" women. 3. Survivors will not report SGBV incidents because they fear reprisal. 4. Respondents addressed that their community does not have any mechanism to address issues of SGBV such as forced marriage and wife beating. Respondents suggested the following to address SGBV issues at the community level: organize a community dialogue and meetings; stakeholders organize community address for community members; organize sensitization and awareness campaigns on SGBV issues; and get elderly and community leaders involved in problem solving and report cases to the authority. War Child North America has identified a variety of genderrelated risks/implementation challenges and mitigation strategies associated with this project: 19 Human Rights Watch and Amnesty International Briefing Paper. South Sudan: A Human Rights Agenda;

24 Risk Community and family-based gender discrimination will restrict the participation of women and girls. GBV survivors are unwilling to report instances of GBV due to stigma, threats of intimidation and/or a lack of understanding of their rights. Poor security conditions result in an overall increase in GBV amongst refugees. Mitigation Strategy War Child North America has a well-established track record of working with a broad range of stakeholders such as male community leaders, to create a transparent, open dialogue regarding the project so that they are familiar with its goals and intended outcomes. War Child North America will also seek to target areas found to be frequented by women and girls such as water points. In the design of this project, War Child North America has incorporated multiple strategies to safeguard its beneficiaries including but not limited to multiple avenues of reporting (e.g. the option to call the toll free line or to report an incident to the community-based help desk as opposed to initially reporting directly to the police) and safe spaces to ensure the safety and security of vulnerable women and their children. Extensive community awareness through small scale and mass outreach sessions, including radio panel discussions and the distribution of IEC materials will ensure widespread dissemination of information on human rights and GBV-related laws. War Child North America will conduct periodic security reviews and will regularly consult community leaders to address security concerns as they arise. The organization will also liaise with INGO security forums and will coordinate its security management with lead agencies in the settlement (UNHCR, OPM) as well as liaise closely with partners in the referral network to ensure sufficient capacity to meet the demand for services. PROGRESS THROUGH DECEMBER 2015 QUARTERS 1 & 2 In the context in which War Child works, there is instability and shifting priorities and timelines for achieving program goals. In some cases we have achieved 100 percent of our objectives and in other cases 10 percent. In all cases, all programs are operational, and we are tracking well. Following is a brief update on our progress in implementing our programs. We have successfully trained pre-existing Community-Based Protection Communities in refugee settlements, ensuring their continued influence in positive changes in attitude, practice and knowledge sharing to adequately prevent, identify and respond to SGBV. Training government protection actors such as police has been delayed due to the Office of the Prime Minster redirecting priorities, such as asking War Child to extend existing legal aid services, fully engaging protection actors such as police in on-going national elections and other refugee settlement activities. This training is now scheduled for Q3. Trainings for prosecutors, judiciary and health practitioners will commence in Q3 as well. 16

25 Thus far, 800 plus people who participated in our mass awareness sessions reported gaining and receiving clear information on SGVB prevention and response. Nearly 2,000 people have participated in our open air sensitization events. We have also engaged 150 community leaders from both refugee settlements and host country communities in dialogues, an important step in being able to effectively reach all members of these communities. We have achieved our goal of setting up ten Community-Based Protection Committees. There are 205 members, 117 males and 88 females; 35 percent are youth. They come from four different refugee settlements. They have been or are being trained in making community protection assessments and in prevention and response services for SGBV. Radio is one of the most powerful outreach and communication tools in the developing world and in regions in crisis. As of December 2015 we have reached 5,000 people 4,000 refugees and 1,000 host country nationals via radio broadcasts. As of January, we have established radio station partners in each of our target refugee settlements. In addition to the legal assistance talk shows that War Child already provides to survivors, programming will address SGBV prevention and response. We estimate being able to reach 35,000 community members. Nearly 1,000 people have received GBV prevention and response services. Seventyeight percent benefitted from GBV legal advice, mediation and referrals. Twenty-two percent benefited from toll free telephone services, case follow ups, legal protection information dissemination and general legal awareness. Eighty-one percent of beneficiaries were refugees and 19 percent were host country nationals. Twenty-seven percent were girls, 35 percent women, 15 percent boys and 23 percent men. In many cases, because of cultural restrictions, men reach out for help on behalf of women. We also made referrals to non-legal services and followed up on the cases, which included assault, aggravated assault, defilement, child abuse and attempted suicide. Our mobile "One-Stop Shop" protection unit was able to help nearly 800 people across all four program settlements by providing legal advice, mediation, prosecutions and legal awareness and follow ups. 130 cases were received via our help desk/intake office and the toll free telephone line. The number of cases registered by the help desk increased by 75 percent in Q2, a direct result of engagement of settlement police and welfare councils and community members in outreach activities, as well as consistent access to the mobile one-stop unit, which brings services closer to refugees. Data collection and model design to form an improved evidence base for "what works" in GBV prevention and response in order to disseminate key learnings to the wider humanitarian community is underway. The resulting document will be Safe from the Start: Guide to GBV Legal Protection in Acute Emergencies. The Women's Refugee Commission will assist in the external review and contextual analysis of War Child North America's integrated model of legal protection practice in the refugee settlements to inform the Guide. The Guide will be targeted at agencies and protection cluster partners to distribute at local and regional levels in areas of acute humanitarian emergency. 17

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27 Access to Jus ce War Child is globally recognized as an expert agency in providing Access to Jus ce in complex humanitarian environments. Breaking the climate of impunity in war torn environments is essen al to ensuring that children are safe from abuse and that girls and women, in par cular, are defended against sexual and gender based violence (SGBV). Rebuilding and improving ravaged jus ce systems has proven an effec ve means to this end. Our Jus ce Programs Emo onal abuse, family abandonment and sexual violence are commonplace long a er the guns of war fall silent. Those who commit these crimes avoid jus ce too easily, and their vic ms remain terrified of further a ack. War Child is suppor ng women and children by working directly with local jus ce organiza ons. We are helping to rebuild legal structures, provide access to free legal counsel and, through training, ensure that judges, lawyers, police and communi es understand, respect and enforce these basic human rights. Legal Educa on and Training War Child provides educa onal and training opportuni es to legal duty bearers including police, lawyers, judges, law students and other legal aid service providers. Community Members A ending A Rights Awareness Mee ng, Uganda Legal Representa on for Women and Children War Child is a registered law firm in Uganda and Afghanistan. In both countries, our legal staff provides counselling and representa on for women and children who have been vic ms of violence, injus ce and imprisonment. Key services include court representa on, legal counselling and alterna ve dispute resolu on in non-criminal cases. Community Human Rights Awareness Democracies, including their legal systems, are strengthened through ci zens awareness of and engagement in their rights. To ensure everyone is aware of their rights, War Child does extensive outreach through community mee ngs, radio panel discussions with listener call-in reaching tens of thousands, and print materials including brochures, pamphlets and posters. In both Afghanistan and Uganda we also run a toll-free hotline staffed by trained professionals who can provide informa on on various human rights topics including legal rights. Impact and Goals Current Countries: Uganda, Afghanistan and the Democra c Republic of the Congo New Countries for Expansion: Iraq, Jordan and Lebanon. Reach: 200,000 annually; in 2014 in Uganda, 735 cases were successfully mediated; 146 cases were presented at court; and 1,722 people accessed SGBV support services via the tollfree lines, and 3,604 refugees benefited from the mobile legal aid clinic (2015 numbers will be out soon) Goal: To reach more than 1.1 million people in five countries by 2018 Country Programs Uganda: In northern Uganda - legal protection for survivors of SGBV and child abuse through community outreach, including radio broadcasts with listener call-in, legal actors and police training, toll-free hotline, and direct legal services; defense of land rights for women. For South Sudanese refugees in Uganda - mobile legal aid clinic, help intake desk and hotline, protection shelters, and community outreach. In Dec this population reached 271,300; most are women and children, a dangerous proportion. Democratic Republic of the Congo: community outreach & training to prevent and respond to SGBV, including radio broadcasts with listener call-in. Afghanistan: direct legal aid counseling, training for justice actors, psychosocial support and a toll-free legal aid hotline for vulnerable and at-risk women in Kabul, Jalalabad and Kandahar. Middle East: In Jordan, newly registered and launching programs; in early stages of assessment in Lebanon. Justice programs will focus on those affected by the Syrian crisis, on child protection and legal aid work. 19