the decision patterns of a treaty body mechanism, the relative authority of the
recommendations of the treaty body, the probability of enforcement of any compensation
awards of the mechanism and/or the potential impact of the decision nationally.
What is the possible fallout of sending a complaint to a treaty body?
There is often fallout from sending a complaint to a treaty body and these may be severe in
case of one mechanism as compared to another. Some of the known fallouts of bringing
complaints are a witch-hunt of the victim or the group assisting the victim to send complaints
which in some cases have led to severe reprisals, a State’s unresponsiveness causing prolonged
delay in the conclusion of the case, withdrawing of NGO and other status of the groups doing
human right litigation, introduction of new laws and policies that strengthen control over
human rights activities and regulate their existence. Awareness of the potential for such
fallout may help the victim/survivor or the groups/NGOs to better deal with them.
What advocacy and campaign options can be employed to enforce, popularise or otherwise
use the decision of the treaty body nationally?
National advocacy using international instruments or decisions of the treaty bodies are
discussed in detail in the next section. The following are some of the ways a decision may be
used:
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The decision many help initiate or strengthen existing campaigns on law reform on
issues of sexual violence.
The decision may be quoted extensively in national litigation at all the levels that
would assist with education of judicial and other law officers.
The decision may be summarised, published and distributed to a wider audience as
ways to raise awareness of sexual violence as a violation of human rights.
The decision may be used for education of law enforcement agencies on how to
strengthen the due diligence responsibility of the State.
The decision may be popularised through the trainings, workshops and other events of
local and national human rights organisations and NGOs.
The above strategies are broadly the ones that assist with planning and effective execution of
human rights litigation on sexual violence. However, given that the violation is sexual violence,
there may be local specificities that may also need to be considered and highlighted. Such
specificities may either hinder access to international mechanisms (e.g. where the victim/survivor
is part of the cultural practice where women are subordinated and kept out of public discourse and
therefore not available to the same extent as witnesses) or promote access to such mechanisms
(existence of local women’s council that supports and encourages women to come forward and
testify).
7.4
National Advocacy
To address individual complaints or prosecution against individuals, regional and international
mechanisms are options where victims and survivors are unable to obtain justice domestically.
However, these systems are physically remote from the victims and the situation about which
redress is sought. It is important therefore for the long term if human rights and women’s rights
activists campaign to bring the standards set in the human rights mechanisms home.
National advocacy campaigns for ratification of regional or international treaties and law reform
have the potential to change laws, rules and procedures relating to investigation and prosecution or
other remedies for sexual violence or other forms of violence against women. The process of
ratifying a regional or an international treaty often requires States to pass legislation to nationally
implement the provisions of the treaties. Campaigns to ratify regional/international treaties and
passing domestic legislation are therefore opportunities to advocate for inclusion of best standards
in defence of human rights and in its practice. For example, several countries that have ratified the
International Criminal Court treaty have adopted the Rome Statute of the treaty en masse,
resulting in domestic recognition of crimes of sexual violence as war crimes, crimes against
REDRESS | 7. LITIGATION AND ADVOCACY STRATEGIES
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