20TH SESSION OF THE ASSEMBLY OF STATES PARTIES
7 December 2021
Name of the Event: Trust Fund for Victims: Going into 2022 - addressing harm, while doing no harm; designing reparative programme; building the momentum for reparative justice (co-hosted by Bangladesh, Dominican Republic, Estonia, Ireland, Sierra Leone and the Trust Fund for Victims)
Report By: Lilian Srour, Junior Research Associate PILPG-NL
Highlights:
The Trust Fund for Victims has elected a new board of directors and has for the first time ever elected a vice-chair.
The no harm principle has been accepted by the ICC as a reparations principle and is now implemented throughout all stages of the reparation phase.
Many voices from experts and practitioners in the field were heard, allowing for discussions and an evaluation of the challenges faced in implementing reparation measures.
The Trust Fund for Victims is intending to implement reparation programs in Kenya, Mali and Georgia.
Speakers:
Pieter de Baan, Executive Director of the Trust Fund for Victims (TFV)
Minou Tavarez Mirabel, the new Chair of the Board of Directors of TFV
Ibrahim Sorie Yillah, newly elected Vice Chair of TFV
Representatives from Bangladesh, the Dominican Republic, Estonia, Ireland, and Sierra Leone
Representatives from Situations f countries, including Bangui, Côte d'Ivoire, and Uganda among others
Summary of the Event:
Pieter de Baan, Executive Director of the Trust Fund for Victims (TFV), started the event with opening remarks, welcoming the new board of directors, elected yesterday. He welcomed the new Chair of the Board and the election of a Vice Chair, for the first time ever. He noted that the TFV has been going through major transitions in the past two years, with many new reparation and assistance measures currently being devised and implemented. Before handing the floor to Minou Tavarez Mirabel, the new Chair of the Board of Directors, for a few remarks , he noted that throughout this event, many voices from the field will be heard to learn more about how the trust fund is doing and where it is going.
In her opening remarks, Minou Tavarez Mirabel expressed her delight to be here with the new members of the board and thanked the Assembly of States Parties for the trust placed in the TFV. She announced that the new board has, in its first meeting this morning, decided to work tirelessly “to grow the reach, number and impact of reparations and assistance programs … to enhance partnerships, advance understanding on the knowledge of victims’ rights, ensure transparency and accountability to the assembly, and most importantly to the victims we serve.” She stated that the board aims “to impact the lives of victims” in some way, “trying to make the tragedy they have gone through at least less hard and difficult than we know it is.”
Subsequently, a short series of statements by the co-hosts of this side event followed, who are also the nominating states of the newly elected board of directors. Following alphabetical order statements were made by Bangladesh, the Dominican Republic, Estonia, Ireland, and Sierra Leone, all of which warmly welcomed the newly elected board.
The statement given by Riaz Hamidullah (Bangladesh) addressed the growing demand for the work of the TFV, among others. He noted the importance of focusing on ways in which we can help victims regain their dignity, rebuild their lives, and reintegrate in their communities. Kerli Veski (Estonia) noted the increasingly active role of the board, and the increasing burden and hope placed on their shoulders, emphasizing that she hopes the TFV will use its resources to effectively fulfill its mandate. She also commended the plans of the TFV to launch new programs in Georgia, Kenya and Mali. Next, Brendan Rogers (Ireland), who welcomed the new board, stating that he is looking forward to the coming work of the TFV and the road ahead, which will be “navigated carefully.” In light of Ireland’s contributions, he encouraged all other members to contribute resources to fund the mandate of the TFV.
Sierra Leone (Alhaji Fanday Turay) welcomed the new board and expressed appreciation for the continued commitment of the board of directors to making reparative justice a reality for victims. He noted the important role the board plays and encouraged it to move forward with the same perseverance. He concluded by acknowledging the TFV in expanding and increasing its portfolios in reparation and assistance programs, despite the impact on their work given security and COVID-19 related concerns. He also made note of the engagement of the TFV in the reparation mandate of Ongwen and commended its continuance.
After responding to the statements, Pieter de Baan began discussing the management brief published by the TFV earlier this year, which contains a wealth of information about where the TFV currently finds itself. He pointed to the financial details contained in the brief, elaborating on where sources are being invested, to ensure that the best possible use of resources is made, focusing on offering reparative value for victims. In reference to the budget proposal, he stated that going into 2022, the TFV has identified two priorities, namely to get reparations “right” in terms of design and funding and acquiring the funding to implement such future measures. He noted that the TFV is currently in full implementation of the reparation programs in the Ktanga and Lubanga cases. In the Ongwen case, the final case that has come to the TFV, Pieter explained that it is still in the early stages and pointed to the observations submitted by the TFV yesterday to the Trial Chamber at their request. Conclusively, he noted new contributions made to the TFV by Australia and Malta, among others, emphasizing the need to support the fund to ensure the exercise of its mandate in providing meaningful reparations to victims.
On the three themes identified for this meeting; addressing harm, while doing no harm, designing reparative programs, and building the momentum for reparative justice, Pieter explained that the “do no harm principle” has been accepted by the ICC as a new reparations principle. This principle is now accepted to be applicable to victim engagement throughout the whole reparation phase. In this regard, he emphasized that “we need to respect victim expectations and their agency,” and the patience they have had waiting for “reparations to become a meaningful reality.” In summarizing all the factors that need to be taken into account in relation to this principle, Pieter de Baan stated that ultimately we need to ensure victim satisfaction, for without this it has no reparative value.
Regarding the designing of reparative programs, a note was made of the need to build alliances with authorities to complement reparative initiatives they may have in place or may want to establish, and to focus on creating added value through the TFV mandate, rather than a duplication of efforts. Emphasizing the importance of keeping the needs and expectations of victims in mind, Pieter de Baan explained that designing measures for reparative value obliges the TFV and the Court to determine what reparative value means for victims, recognizing their harm, understanding, and, responding to their livelihood needs and social identities.
On the theme of building momentum for reparative justice, Pieter explained that we need to raise the game of reparative justice to allow it to take up its proper place in the Rome Statute System, and that “we are only at the beginning of this venture”. To answer how to “raise the game”, Pieter stated that consulting with all major stakeholders stands to inform the work of the TFV and to increase its visibility and impact.
Several presentations were given by speakers from situation countries, including Bangui, Côte d'Ivoire, and Uganda among others. These elaborated on the forms of reparations available for victims, ranging from access to education and medical facilities, to receiving psychological support. These accounts also offered insights into the impact of such reparation measures. However, a recurrent theme in many of the observations was the lack of funding and resources available in comparison to the large number of affected victims.
The closing remarks were delivered by the newly elected vice chair, Mr. Ibrahim Sorie Yillah, who thanked everyone for their continued support and commitment. Responding to the presentations on the activities mentioned by partners in the field, he stated that they are “mind blowing” in relation to the impact they are having on the lives of victims, and that this is what this board is now elected to continue. Conclusively, he stated that everyone should continue their hard work to ensure the fund meets its mandate under the Rome Statute and the expectations of donors and victims.