The Draft Murad Code of June 2020

This initial Draft Murad Code (“Draft Global Code of Conduct for Investigating and Documenting Conflict-Related Sexual Violence”) was released in June 2020 and is the outcome of an intensive process of inter-disciplinary research and preliminary discussions (“soundings”) with 166 practitioners, survivors and other stakeholders from across the globe. The version below formed the basis for wider and more localised consultations on the Code and its further development. See the Summary of Feedback and Full Collated Feedback received on the Draft Murad Code.

Guided by the feedback secured on the draft since 2020, the ‘working’ version of the Murad Code has been prepared and released in April 2022. See the “Challenge” and “Process” pages for more information about the the development of the Draft Code and the larger project.

The Draft Murad Code below must be read with the background paper of which it forms part.

Old/Draft Global Code of Conduct
for Investigating and Documenting
Conflict-Related Sexual Violence

The objective of the Code of Conduct is to build and support a community of better practice which is safer, more ethical and more effective, and which supports compliance with international law. It is for those in direct contact with survivors (such as investigators, documenters, reporters, researchers, high-level delegations, celebrities, interpreters, intermediaries) and those who can influence the environment in which interactions with survivors take place (such as policy-makers, politicians, donors, organisational leaders, project designers and managers, and recipients of the work).

THE EIGHT Core Principles

By undertaking to uphold this Code of Conduct, we are committing to safe, ethical and effective practices to support the rights of survivors, and to building a community of practice which upholds and promotes the Code. We recognise that each of the Code’s Principles and Commitments are inter-dependent and inter-related, and apply in all contexts.

Individualised Approach: We will treat survivors as unique individuals. We will tailor our approach to an individual survivor’s rights, needs, wishes and risks, recognising their diverse abilities, challenges and vulnerabilities based on who they are in the place they are. We recognise that understanding their particularities (including age, gender identity, sexual orientation, religion, nationality, ethnicity, family situation) is a foundation for safer and more effective engagement.

Heightened Vulnerabilities: We will take additional, specific precautions for the best interests of children (attuned to age and development) and for others who may face heightened vulnerabilities to further harm.

Prioritising Survivors: We will continuously prioritise an individual survivor’s rights, needs and wishes, ahead of our own objectives and will be guided at all times by their safety, well-being, dignity and best interests.

Informed Consent: We will respect and support an individual survivor’s choices. We will provide a survivor with full, clear, understandable, objective and honest information about their range of options, rights and risks to allow them to make their own informed choices whether to engage with us or not, and on what terms. We will be careful not to make choices for them.

Reducing Pressures: We will take positive steps to counter factors that can pressure survivors to speak with us (such as the vulnerabilities they face, imbalances in status or power between us, and community influences). We will support and maximise their opportunities to make genuine choices, and to change their mind at any stage if they wish. We will avoid creating incentives or inducements for survivors, or those around them, to speak to us or others.

Survivors’ Priorities: We accept that ‘justice’ (however defined) may or may not be of importance to an individual survivor. We will respect this and ensure we do not negatively impact the survivor’s own priorities or their ability to advance or claim their rights.

Avoiding Compulsion: We recognise that using mandatory summons or compulsion powers can harm survivors and can have a negative impact on justice processes and outcomes.

Conflict of Interest: We will take time to recognise, be honest and clear with ourselves and survivors when our objectives may conflict with their interests and rights. We will not proceed where our objectives are in conflict.

Ownership: We will recognise a survivor’s ownership of their own story and experience.

Non-Discrimination: We will not tolerate or practice any discrimination or adverse distinction against a person on the basis of any identity, status, attribute, belief, opinion or other impermissible ground.

Time and Space as Essential: We recognise that sufficient time and the right space are critical elements for a safe, ethical and effective engagement with a survivor.

Recovery First: We recognise that an individual survivor’s recovery process takes priority, and that survivors should not be pressured or induced to disclose any experience or event until they are ready to do so.

Reducing Time Pressures: We will seek to remove time pressures and constraints to support voluntary decision-making, reduce pressure on survivors and allow them to tell their story in the way and at the pace they wish.

Supportive Environment: We will create an emotionally and physically safe environment as a fundamental foundation for disclosure and decision-making by survivors.

Privacy: We will select a private, discrete interview space (in consultation with the survivor whenever possible) and minimise the risk of being observed, overheard or interrupted.

Reducing Numbers: We will reduce the number of people present during an interview to the minimum necessary and, as far as we can, respect a survivor’s informed choice on who is there (including their gender, affiliation or other factors). This includes whether a support person is present. If we cannot honour the survivor’s choice, we will have an honest conversation with them about the reasons and will respect their choice if they decide not to proceed.

Continuity: Whenever possible, we will seek to maintain continuity of persons communicating with survivors, to maintain trust and comfort levels, and to minimise risks that may flow from a change in personnel.

Safety and Quality over Quantity: We recognise that often there is an unnecessary and harmful emphasis on the quantity of survivor interviews over quality, and the safety and well-being of all involved. We will prioritise providing a safe, supportive environment and the quality of the interaction.

Local Knowledge: We recognise that a good understanding of the local context is critical and will ensure this understanding is present within our team or those acting on our behalf. If we do not come from the area, we will seek to work with local actors to familiarise ourselves properly with the context.

Cultural Understanding: We will take the time to understand how gender, age, sexuality, religious, political and other beliefs, social status, disability, ethnic and other identities (intersectional factors), when coupled with local social attitudes and dynamics, impact the survivors, their family and community, and our work. This includes where local attitudes and dynamics may be harmful to survivors and put pressure on them.

Local Laws and Practices: We will familiarise ourselves with local laws and practices, and their potential impact on survivors and our work, including where they may criminalise a survivor for what has happened or where they impose mandatory reporting and disclosure obligations. We will explain these to a survivor before they share their experience, so they can consider whether or not to proceed.

Appropriate Communications and Interactions: We will work to understand the significance and impact of our words and interactions in the local context. We will be alert to gaps which may exist in language and concepts for sexual violence, and to differences in cultural and social norms which can cause harm or offence.

Minimising Repercussions: We will seek to minimise the repercussions of our work in a community, including avoiding stigmatising, instrumentalising or tainting survivors through engagement with us, or commercialising the process of identifying survivors for interview, or creating or worsening conflicts or community divisions.

Local Actors: We recognise the important role of local actors in the continuity of support for survivors, and for tackling negative attitudes in the community towards survivors.

Preparation First: We will undertake thorough preparations before any work with survivors can take place, as a foundation for respecting survivors’ rights, and for safe, ethical and effective outcomes.

Risk Assessment and Mitigation: We will identify and assess any potential harms, risks or consequences for all those involved including their safety, well-being, socio-economic and legal rights and review this assessment as often as necessary. This assessment will include intersectional risks to an individual, their family and community. If we proceed to contact a survivor, we will ask them to identify their concerns, as part of our ongoing risk assessment. We will adopt appropriate measures to address those risks and review those measures as often as may be necessary. We will not proceed if the risks cannot be appropriately mitigated.

Contextualising Sexual Violence: We recognise that sexual violence does not happen in a vacuum. Disclosure of sexual violence may occur unexpectedly. We will prepare for that possibility and plan accordingly. We will also listen if the survivor chooses to talk about other crimes, recognising that they may have endured other harms and hardships.

Actor Mapping: We will conduct an actor mapping to understand all relevant actors, including who is collecting information from survivors for what purposes, and to help inform our understanding of adding value under Principle 5.

Referral Pathways Mapping: We will map any accessible, safe, confidential, effective, and age- and gender-attuned support services and systems for survivors, including medical, mental health and psycho-social, protection and legal services. We will endeavour to recognise and reduce barriers to accessing support for survivors whenever possible.

Co-ordination and Co-operation: We recognise the critical importance of co-ordination and co-operation, for the avoidance of harm, over-exposure of survivors and the impact on their rights through our work, and will connect with those operating in the same place to seek ways to work together for better survivor outcomes.

Follow-Up: We will plan and do our best to remain in contact with survivors to give them feedback about outcomes if they agree to such feedback, and to facilitate review of informed consent if and when necessary. If we do not have an ongoing presence, we will ask locally-based partners to help.

Clear Purpose: We will have clarity on our purpose and role, why we intend to collect information from survivors, and how we will use the information collected.

Realistic Outcomes: We will only proceed where our objective can be realistically achieved with our resources, time and skills, without causing further harm.

Alternative Sources: We will look for alternative sources of information (for all survivors, but particularly in relation to children, and where there is a risk of trauma, harm or impact on survivor rights), and will ask ourselves whether our mandate or objective really requires the risk of approaching survivors.

Added Value Consideration: Before deciding whether to proceed, we will reflect honestly on what added value or benefit our work or actions can bring to the individual survivor. We will only approach a survivor if there is a genuine, objective added value from our work.

Reducing Exposure: We recognise that multiple interviews can cause further trauma and may create inconsistent or inaccurate/contaminated records which may hinder a survivor’s rights, including to access justice or reparations. We will actively seek to reduce this exposure.

Information Sharing: We will discuss with the survivor the possibility of sharing interview notes/records with other trusted actors in order to avoid any unnecessary duplication or exposure to further trauma or other risks. Any sharing of information should be risk assessed. Where we can safely share information and the survivor has agreed, we will do so.

Prior Interviews: We will take steps during preparation to find out whether a survivor has been interviewed before and make the effort to obtain and use existing records instead (if the survivor has agreed). We will ask the survivor again before commencing any interview.

Inform Survivors of Duplication Risks: Where an additional interview will objectively add value and is really required for our work, we will explain the benefits and risks of re-interview to the survivor and give them the space and time to decide whether they are willing to take the risk. If they choose to proceed, we will be specific and intentional in our methods to maximise that added value and minimise the risks of re-interviewing.

Competencies, Skills and Attitudes: We will approach survivors only where we have taken steps to ensure the necessary demonstrated skills, competencies and attitudes within our team (including intermediaries, interpreters and others acting on our behalf), and the soundness of our methodologies. These include: diversity; child, age and ability appropriate sensitivities; gender and local context awareness; sexual violence and stigma sensitisation; interviewing skills; and basic trauma awareness and understanding.

Technical Guidelines and Standards: As necessary, we will take time to further develop these skills, become familiar with relevant professional technical guidelines and manuals, and consult with experts.

Limitations of Expertise: We will be honest about, and stay within, the boundaries of our skills and understanding of the context. We will recognise our own capabilities and limitations.

Interviewing Child Survivors: Only those with specialised training and experience working with children (specific to age, development and needs) will interview child survivors.

Appropriate Support and Response: Following our support service mapping under Principle 4, we will only proceed when there is at least appropriate basic support and response in place to address potential psychological harms which may arise from our work, or acute medical, psycho-social or protection needs which should be addressed before an interview. If no such support or response exists, we must consider ad hoc or remote support or (allowing time for) the creation of the necessary capacity first before proceeding.

Confidentiality Protections: We will put in place confidentiality protocols and measures to protect the survivor’s information and data, including taking care to ensure the security of any online communications, data management and storage. This is subject to the survivor’s express and specific informed choices about who to share the information with, and any potential legal and other limitations to confidentiality which may apply.

Briefings: We will brief our team and those acting on our behalf (including any partners) on safe, ethical and effective processes and protocols.

Assess before Approach: Based on the core commitments in this Code, we will carefully assess when to approach and when not to approach survivors for information. If we cannot proceed safely or in line with this Code, then we will not proceed at that time. Once we are in contact with a survivor, we will make any decisions with the survivor as part of an honest conversation in line with Principle 1.

Trauma-Sensitivity: We will ensure our team is trained to recognise the signs of trauma and distress, how to minimise the potential traumatising effects of an interaction and how to take basic response steps to assist a survivor if this occurs.

Dignity and Respect: We will treat survivors with dignity and respect as human beings, and with compassion, empathy, courtesy and appreciation.

Screening: In addition to the risk assessments in Principle 4, at the start of an interview we will also reassess safety concerns, other risks, privacy, the survivor’s well-being/emotional state, any gaps in understanding and communication, and any pressures on the survivor to proceed.

Being Understood: We will communicate in a language and with words that the survivor understands (including using age, gender, ability and culturally appropriate language). This is critical for honest, respectful conversations, and informed choices by survivors.

Fair and Accurate Representation: We will also ensure that we are sufficiently able to understand the survivor, so we have a fair and accurate representation of what they wish to say. We will ensure this level of clear communication before proceeding.

Safe Interview Structure: We will ensure that our interview has a safe, sensitive structure. We will seek to contextualise sexual violence against wider experiences, and will not fixate on, probe or extract solely the explicit or graphic details of sexual violence from a survivor. We will also be careful not to report sexual violence in that way.

Open Questions: We will use open questions, and moderate the pace, rate and tone of our questions. Recognising the potential harmful impact of closed or leading questions on the survivor and on the accuracy of any information collected that way, we will limit the use of such questions to exceptional circumstances.

Safe Closure: We will take the time to close an interview in a safe and careful way, bring the survivor back to the present time, and acknowledge their time and courage in recounting their story. We will discuss with the survivor follow-up contact and information in line with Principle 4.

Non-Stigmatising: We will examine and confront our own biases, fears, attitudes and assumptions in relation to sexual violence and survivors of sexual violence. We will not convey any message to survivors (through words, body language or actions) which blames, shames, harms or disrespects them.

Non-Exploitative: We will not be extractive, instrumentalising, exploiting, harassing or take advantage of survivors’ vulnerabilities.

Honesty and Candour: We will be honest, transparent and realistic with survivors about our work, its possible outcomes and associated risks. We will ask what their expectations are, and ensure we are realistic in providing information about what we can and cannot achieve or offer.

Trustworthiness: We recognise the importance of trust. We will not make promises we are unlikely or unable to keep. We will follow through on any promise we make to survivors.

Access to Justice: We will respect a survivor’s right to seek an effective remedy, including access to justice, reparation and other legal avenues to protecting their rights. We recognise that records or reports of interviews may be used against survivors, including by those implicated in violations and in courts or other processes.

No Contamination/Loss of Evidence: We will not take or remove original documents, physical items or other evidence from the survivor or a location, even when asked to do so, unless we have the mandate, it is necessary, we can do so safely, and we have the capacity to manage and preserve such evidence.

Secondary Trauma: We will ensure measures are in place to minimise our own trauma and the harmful effects of the work on ourselves and our team, including basic training on signs and symptoms of secondary trauma, support protocols and safe working methods including safeguards on the volume or type of work.

Complaints and Accountability: We will use existing, or where necessary work with partners to help create, monitoring feedback loops for survivor complaints, and complaints by service providers or others about conduct which breaches this Code