ARM

Automatic Response Mechanism SOP: Standard Operating Procedure for cases of SGBV in the 7 Karen refugee camps along the Thai-Burma border.
Revised for the refugee context in 2013

We pay tribute to the women and girls from Burma who have suffered great injustices, but whose courage and strength inspire us.

Contents
1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. Section Foreword Introduction Acronyms used in this document Summary of 10 Steps of ARM The 10 Steps of ARM in Detail Step 1: Victim talks to First Contact Step 2: Report to Womens Organisation or Camp Responsible Person Step 3: Accompany Victim to Camp Hospital or Health Clinic Step 4: Camp Responsible Persons and Womens Organisation Provide Support and Services. Step 5: Camp Judicial Process Step 6: Refer the Victim to the Thai Hospital Step 7: Report the Case to Thai Justice System Step 8: Follow up with Thai Judicial System Step 9: Awaiting the Court Case Step 10: Attend the Court and the Court Issues a Judgment Appendix 1: Legal Information Related to SGBV. Appendix 2: Health Overview Related to Rape, Sexual Assault, and other Cases of SGBV Appendix 3: Services Available for the Victim's Physical and Emotional Needs in Camps Appendix 4: SGBV Case Managers at Camp Level and in Towns Appendix 5: Glossary of words and their meanings in this document. Page Number 4 5 9 10 15 19 23 26 28 32 35 40 43 45 47 56 66 68 69

FOREWORD KWO is very proud to present ARM/SOP. We have put hard work, resources, energy, and patience into the ARM/SOP because we believe the issue of gender based violence and its victims are important for all of our community to address. KWO leaders created an inclusive consultative process which was very challenging, taking almost three years and involving dozens of NGOs, INGOs, CBOs and hundreds of women and men in the Karen refugee camps. This process took our highest level leaders away from other important work and was filled with frustration, at times disappointment and anger, but was ultimately a triumph for us and for community women-led efforts. There were moments over the past three years when we wondered how we would all reach final agreements, acknowledging all perspectives. KWO learned through those moments and we believe this document reflects the broad community consensus that a truly consultative process provides. There are no other documents of this kind, created through a process led by Karen women. I am very proud of those women and the result of their hard work. The ARM/SOP is, however, a living document which will improve with use as we all see what is working and where problems need to be addressed. We acknowledge that no document is perfect or can end the violence women face, but we believe it will lead to more women getting the help they need quickly. I want to especially thank the KWO leaders and staff who contributed countless hours to the consultative process and this final document. I also want to thank all those others who contributed their thoughts and ideas. We know this also took your time, resources, and knowledge. KWO ultimately seeks a community free of violence with access to justice for all women. We know there is a long road before we can achieve that goal, but we are committed to walk the road united with the women of our community. We hope the ARM/SOP serves to be an important step forward. In Solidarity,

Naw K'nyaw Paw Secretary The Karen Women's Organization (KWO) 4

Introduction This is a revised and updated version of ARM (Automatic Response Mechanism). It is intended to be used as the Standard Operating Procedure (SOP) to respond to cases of Sexual and Gender Based Violence (SGBV) in the 7 Karen refugee camps along the ThaiBurma border. The information and advice in ARM will be useful for all those involved in SGBV cases: the victim, her family and friends, all organisations and structures in our community that give services or support, all national and international organisations that give services or support to refugees. We hope that ARM will help any victim make better decisions for herself. We hope it will help all people involved to provide better support and services. Background to ARM The original ARM was released in 2003 as a result of efforts of many hundreds of women participating in the Womens Exchanges that took place along the Thai-Burma border for several years prior. The purpose of ARM was, and still is, to have a document that gives advice and guidance to support women and girls who have suffered sexual or physical violence. Women recognized that there was a need to give guidance to those people who support victims in how they should behave so that the victim is not blamed, and so that if she reports her case, it is taken seriously and she is treated with respect and fairness. The first edition of ARM was written for both the migrant worker and refugee communities. In 2008, the ARM for migrant women was revised. In 2010 it was agreed that the ARM for refugee women needed review and that would it be promoted as the Standard Operating Procedure for all organisations and individuals involved in dealing with cases of SGBV. A small Working Group was set up in 2010 to lead the process or revision in the refugee context. The ARM/SOP Working Group is made up of representatives from 5 organisations: KWO, ARC, IRC, UNHCR, and MAP. Process of Revision and Development The 3 year process of revision and development of ARM was led by the Karen Womens Organisation (KWO) and achieved with the collaboration and contributions of many people in many organisations. This was the first time such a wide collaboration of community-based groups and structures, international NGOs and UNHCR has been attempted on this border to develop a shared document for use in the community. It has been a challenging but rewarding experience. More than 50 Community-Based Organisations (CBOs), International Non-Governmental Organisations (INGOs) members of the CCSDPT, camp governance structures, the Karen Refugee Committee (KRC), Thai national organisations, the UNHCR, and hundreds of individuals were directly involved in the process and provided input and comments at different stages and on various drafts. The document you hold in your hands now is the result of our combined experience, knowledge and capacity. The first draft of the revised ARM was distributed for comments to all stakeholders, in camps and towns, in 2011 and the 2nd draft in 2012. This final version was completed in 2013. An Editing Group comprising 6 women from the Working Group members was set up early to do the difficult work of changing, writing and matching up the drafts based on all input and comments received. 5

To ensure genuine community participation and ownership, we worked in 3 languages simultaneously (Karen, Burmese, English) and found it a necessary but challenging requirement. All Standard Operating Procedures (SOPs) for SGBV, like ARM, must be seen as works in progress. There remain serious gaps and weak points in how the SGBV cases of refugee victims are handled along the Thai-Burma border. We see room for improvements at every level, in all sectors and by all responsible people. When the situation changes in the refugee camps, or as capacity grows, or more resources become available, or legal status improves, we hope that the mechanisms to respond to SGBV cases will change and improve also. As a result we will need to revise ARM again so that it will remain relevant, appropriate and practical. As we started out with the revisions of ARM in 2010 we created a set of Guiding Principles which we hoped would light our way. In 2013, as we now offer a new version of ARM to the community, we confirm that these principles guided us and influenced our decisions and choices.
Guiding Principles for Revisions of ARM/SOP

1. The document must be designed, approved of and understood by women. 2. The final procedure must be clear and easy to follow. 3. The outcome must fit with the camp situation (camp systems, structures, and the services and resources available). 4. Our aim in this process is to design procedures that all stakeholders will approve and follow. 5. All stakeholders must be provided with the opportunity to participate in the development of these procedures. 6. All people in the refugee camps, regardless of sex, ethnicity, religion, class, wealth, status, political affiliation and/or age, will be treated equally in these procedures. 7. Children under 18 will receive special consideration in their best interests. 8. All those organizations and individuals working to prevent and respond to SGBV develop protocols regarding confidentiality and uphold them. 9. To keep these procedures relevant, they will be reviewed every two years. 10. Rules and laws from the Thai legal system, international standards and camp systems are considered in these procedures. 11. The decisions of the victim will always be respected and followed whenever possible. 12. So that the victim can make good decisions, she will be well informed at every stage. 13. All efforts must be made to ensure the safety of the victim, witnesses and service providers involved in a case at all times. 14. These procedures are the result of combining ARM and SOP and input of refugee women. 15. These procedures focus on the more serious SGBV types, like sexual violence and physical violence, but we hope that they can also be useful for all types of SGBV.

Who is this document for? ARM is for all organisations and structures in our community that give services or support to victims of SGBV. And it is for all national (Thai) and international organisations that give services or support to refugees. The steps in ARM help everyone know what to do, how to do it, and when to do it. ARM is also especially for the victims of violence. ARM is victim-centered which means in every part, the victim and her needs, should be at the heart of all actions and be the most important consideration. The steps in ARM give information about many of the things that might happen when an SGBV case is reported by the victim. Who can do what, and when they can do it. The victim should read ARM so she understands, is well-informed about options and rights, will know more about what to expect, and finally can make better decisions for herself. And ARM is for the family and friends of a victim, those who are providing support, so they too will know more about what might happen and how to give better support. Most victims of SGBV in our community are women and girls, so ARM focusses on women and girls. We acknowledge that boys and men may also be victims of SGBV and hope that the procedures and information in ARM can be applied to their situations also. If the victim of SGBV is a child, (especially if she is under 12 years of age) she needs additional care and attention, some of which is different to how a youth or adult can be supported. This version of ARM in your hands can be helpful in cases with children, but you should be aware that the special care that needs to be given to a child is not outlined here. We assume most NGOs and community groups will already have special protocols in cases of SGBV that involve children. The next revision of ARM should include more detailed information about how to provide better, special care for child victims of SGBV. We hope that the strength of women and girls, who are the most common victims of violence, and are also the most common support group for the victim, will be acknowledged, provided with resources, and celebrated. How to use this document. ARM is a ten-step process that describes how to deal with SGBV cases. Each of the ten steps is described in detail. Each step describes what should be done, and who should do it. Some victims will not want or need to follow through all ten steps. Some victims will decide they want or need to follow all steps from 1 to 10. Within the ten steps you will find guidance on safety, medical assistance, counselling, legal assistance, and community support.

For all organisations and community governance structures that provide services and support: The ten steps provide information about what they should do in their work to respond to an SGBV case. It gives them guidance about when they should do it, how they should do it, and with whom they should co-ordinate. For the victim: The ten steps provide information that the victim needs so that she will know what might happen next, what she can do, what others might do, and how to make decisions. At every step, the victim needs to be well-informed and she needs to make decisions. The people and organization around her who provide any services and support, should respect these decisions. After this Introduction, you will see a table that shows A Summary of the 10 Steps. Use this summary for an overview of the whole response process. Learn quickly what needs to be done now, and what will be next. See easily who is involved. At the end of each of the detailed descriptions of the 10 Steps, you will see a section called Gaps and Problems and it is here that we have listed possible problems, weaknesses, gaps, failures, or challenges that may be faced in that step. These are all problems that have already been encountered by refugee women involved in the process. There is an adjoining section called Possible Responses. Here we make suggestions about how to overcome, solve, prevent, or address them. Some responses can be done quickly and will benefit the current victim. Some of these responses are long-term and if achieved, will help to prevent violence in the future. There are 5 Appendices, at the end of the 10 steps of ARM, which will provide you with more details about some important topics: Legal Information Related to SGBV, Health Overview for SGBV, List of Services Available, SGBV Case Managers at Camp Level and in Towns, a Glossary of Words used in this document. .

We are grateful to Planet Wheeler Foundation (PWF) Australia, for providing funds to cover the printing of ARM (2013) and contributions towards many of the costs incurred during the review and development process. 8

List of Acronyms: ADRA Adventist Development and Relief Agency ARC American Refugee Committee BWU Burmese Women Union CCSDPT Committee for Co-ordination of Services for Displaced People in Thailand COERR Catholic Office for Emergency Relief and Refugees CBO Community Based Organization COC Combined Oral Contraceptive CPT Community Peace Team DARE Drug and Alcohol Recovery and Education ECP Emergency Contraceptive Pill HIV Human Immunodeficiency Virus IRC/WPE International Rescue Committee/ Womens Protection and Empowerment IRC/LAC IRC/ Legal Assistance Centers KRC Karen Refugee Committee KWO Karen Women's Organization MAP Migrant Assistance Program MI Malteser International MOI Ministry of Interior MWA Muslim Womens Association MWO Muslim Womens Organisation NGO Non-Government Organization PAB Provincial Admissions Board PEP Post-Exposure Prophylaxis PPAT Planned Parenthood Association of Thailand PU-AMI Premiere Urgence Aide Medicale Internationale SGBV Sexual and Gender Based Violence SMRU Shoklo Malaria Research Unit STD Sexually Transmitted Disease TBC The Border Consortium (Previously TBBC) UNHCR United Nations High Commissioner for Refugees

The Ten Steps of ARM (Automatic Response Mechanism)

No.
STEP PEOPLE INVOLVED SUMMARY OF THIS STEP
At some time after the incident has happened the victim decides to tell another person. That person might be a friend or family member. Or it might be someone working in an organization.

TIME FRAME

VICTIM TALKS TO FIRST CONTACT

Victim First contact

Depends on the victim. ARM can be used within three months of the incident, or longer depending on the details of the incident. According to Thai Law, any case should be submitted within three months. However, for very serious cases, (i.e. Non-Compoundable cases), the case can be reported at any time. There is no time limitation for these types of cases. The first contact, or the victim, will report the case to Women's Organizations or Camp Committee Responsible Persons as soon as possible.

REPORT TO WOMEN'S ORGANIZATION OR CAMP COMMITTEE RESPONSIBLE PERSONS

Victim First contact Womens Organization Camp Committee Responsible Person Camp Security Guard Section Leader Victim Women's organizations Camp's Health staff Someone that the victim requests

The victim decides she wants or needs some help of some kind. So she goes to tell the Women's Organisation, or a Camp Committee Responsible Person, about her case. The organizations listen to her and give her some information. They will take some action for her security if necessary. The victim goes to the camp hospital to check her health situation. Someone she chooses should go with her to help her. If she needs something that the camp hospital can not do, she will be referred to a Thai hospital for treatment.

ACCOMPANY THE VICTIM TO CAMP HOSPITAL OR HEALTH CLINIC

If possible, accompany the victim to the camp hospital within a few hours of the incident. If not, as soon as possible. Any woman who has been raped should be offered the Emergency Contraceptive Pill (ECP to prevent pregnancy) within 120 hours (i.e. 5 days) and Post- Exposure Prophylaxis (PEP to prevent HIV) within 72 hours (i.e. 3 days) of the rape. (See Appendix 2 for more information about Health. See page 56).

Note: some women may already be on contraception.

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The hospital can collect some forensic evidence if the victim goes to the hospital as soon as possible after the incident. To be able to collect forensic evidence the victim should not wash her body, change her clothes, or urinate.

CAMP COMMITTEE RESPONSIBLE PERSONS AND WOMEN'S ORGANIZATION PROVIDE SUPPORT AND SERVICES

Victim Women's Organizations Camp Committee Responsible Persons. CBOs NGOs

The victim will receive many kinds of support and services if she wants or needs them. These will include: safety, health, legal, counseling, material support, religious, etc.

This support is on-going throughout the ten steps. Note: See the Appendix 3 for more details of physical and emotional support available. See page 66.

CAMP JUDICIAL PROCESS

Victim and her family Perpetrator and his family Witness Section leaders Camp Responsible Persons Camp Judges Womens Organizations CBOs NGO Translator Camp Security Guards

The victim will proceed through the camp's judicial process for her case. According to agreements with RTG, some SGBV cases can be solved in camp and some must be solved in Thai justice. Rape cases should not be solved at section level. They must be solved at zone/camp level or sent to Thai Justice.

The length of time for going to the Camp Judicial process depends on the decision of the victim.

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REFER THE VICTIM TO THE THAI HOSPITAL

Victim Carer of the victim Womens Organizations CBOs NGOs Camp Social Welfare Coordinator Translator UNHCR IRC/LAC Town SGBV Case Manager Victim and her family Perpetrator and his family Witness Women's Organization. CBOs Camp Social Welfare Coordinator Thai Lawyers Thai Judges Translator NGOs UNHCR IRC/LAC Thai Police Town SGBV Case Manager

The victim can go to the Thai hospital for treatment if she needs it. If she is seriously injured she will be referred to the Thai hospital quickly, as soon as the camp hospital sees her. If she needs treatment or service that the camp hospital can not give, then she will go to a Thai hospital.

If the victim seems physically seriously injured, the Camp responsible person needs to refer the victim to a Thai hospital immediately. The Thai hospital will provide immediate medical treatment to the victim. Then they can collect forensic evidence. The length of the time for this depends on the physical and emotional injuries of the victim and also depends on the decision of the victim.

REPORT THE CASE TO THAI JUSTICE SYSTEM

The victim decides to take her case to the Thai Justice system. She proceeds through the justice steps with support from camp and town organizations. UNHCR and/or IRC/LAC will provide her with legal support for her case in the Thai system.

The victim can report her case to Thai police at anytime within three months. If the victim is under 15 or gang raped or if the perpetrator used any weapon, she can raise the case to the court at any time. There is no time limitation for these kinds of cases. (noncompoundable cases) The police should investigate and inform the Thai public prosecutor within one month. Sometimes the police investigation takes more than one month.

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FOLLOW UP WITH THAI JUDICAL SYSTEM

AWAITING THE COURT CASE

Victim Perpetrator UNHCR IRC/ LAC Camp Responsible Persons Women's Organizations NGOs Translator Thai Police Thai Prosecutor Town SGBV Case Manager Victim Perpetrator UNHCR IRC-LAC Camp Responsible Persons Women's Organization Translator Thai Public prosecutor NGO Town SGBV Case Manager

The victim continues to go through the Thai Justice system. The police might need the victim to give more information in some way. UNHCR, IRC-LAC will support victim to provide the information to police and public prosecutor.

It depends on the police how quickly the case comes to court. It may take between 3 months to 2 years before the case comes to court. If the perpetrator is let out on bail, the case must come to court within six months; if the perpetrator is not given bail, the case must come to court within 84 days.

The victim waits in a safe place in her camp for news about when the court case will happen. She receives support and information from camp and town organizations.

It may take between 3 months to 2 years before the case comes to court. The court hearing is usually open only for those who are involved in the case. However, sometimes the court sessions are open to the public. The victim can request a closed hearing for reasons of her security.

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ATTEND THE COURT AND THE COURT ISSUES A JUDGEMENT

Victim Perpetrator UNHCR, IRC-LAC Translator Witness Thai Public Prosecutor Thai Judge Women's Organization NGOs Town SGBV Case Manager

The victim attends the court for her case. She travels out of camp to the Thai court. She receives support from camp and town organizations. At the end of the court proceedings she will hear the verdict and judgment.

The length of the case, from the beginning of

reporting the case to the police until the judgment is issued, may take between one and two years. The victim may have to attend many court sessions over a period of one to two years.

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10 Steps of ARM in detail

STEP ONE

VICTIM TALKS TO FIRST CONTACT

At some time after the incident has happened the victim decides to tell another person. That person might be a friend or family member. Or it might be someone working in an organization Notice: Victim Consent. The victim's consent must be respected throughout the whole process. E.g. Information sharing, going to the hospital, going to the court, security and others. Unless consent is given by the victim no one can continue the process. An exception to this is that once the Thai Prosecutor decides to take on a case for the Thai justice system, the victim's consent is no longer required for the case to continue. If the victim refuses to testify, the prosecution is less likely to succeed, but the decision to continue or not is with the Prosecutor. In the case of the victim being seriously injured (e.g. badly injured, bleeding, or unconscious) do not wait for her consent but send her to the hospital immediately. In the case of the victim having a disability or is mentally ill, or can not speak, try to get her own consent through body language. However if this does not work, get her consent from her parents or guardians. If the victim is not satisfied with the response from the organization she has the right to report to another one (e.g. Camp Committee, UNHCR, IRC-LAC, KRC). If the victim is not alive (by suicide or murder) the family or camp justice system can still report the case for action. In the case of murder, Thai police and justice automatically have a duty to investigate, whether the family consents or not. 1.1 Role of first contact The victim may first talk to a close friend, a witness, a relative or anyone who was near the incident. This person should try to: 1) Receive her with warmth and kindness in order to help her to be able to express what she feels. 2) Listen to the victim. 3) Show empathy. 4) Do not blame, judge or criticize. 5) Respond to the needs of the victim (e.g. caring, security, shelter, and other emotional and physical needs.) 6) Offer information about Womens Organizations and Camp responsible persons. 7) Offer to accompany the victim to womens organization e.g. Muslim Women Association (MWA), Burmese Women Union (BWU), or Karen Women's Organization (KWO). 8) Keep confidentiality. Do not tell anyone without the permission of the victim. 9) As you are the first contact, you have to respond to the needs of the victim at once. You do not have to get all detailed information about the incident. 10) If the incident has occurred recently, the victim may need emergency medical treatment. Offer to accompany the victim to the camp hospital. If she wants more support in the hospital, offer to accompany her to the Womens Organisation who can also help to accompany the victim to the hospital.

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If you are the first person to talk to the victim your reaction and behavior is very important. Sometimes, it is difficult to know what to say. It is hard to find the right words to reflect your concern, to be sympathetic. These are some suggestions to help you if you are the first contact: 1. Examples of some words that you can say to the victim: Its not your fault. I am sorry that this happened to you. Keep yourself cool, do not be afraid, people are available to stand and help you. 2. You can also say: Do you want to see a doctor now? (If the victim seems physically seriously injured or bleeding and was hurt in her body, the first contact should accompany the victim to the doctor immediately). Where were you going when the incident occurred? Was there any one going along with you? Did anyone witness the incident? (The reason to ask these types of questions is to make sure if it is necessary to check the safety of others as well, for example, if she has children waiting for her at school or at home, you will need to arrange for someone else to stay with the children or ensure their safety). Do you want me to make a phone call or contact anyone? Ask the victim, whether the perpetrator has followed her here or knows that she came here? You have to be aware when the victim comes to you after the incident, you have to advise her not to clean and take a shower or change her clothes. Do you have any other concerns? 3. What you can say to introduce the Womens Organization: I know some women who know what to do in situations like these, they are (Burmese, Muslim and Karen etc.) womens organization. They have a lot of experienced women to help victims. Would you like to talk to them? Do you want me to take you to see them? 4. How to Listen If the victim wants to talk to you and tell you what happened, you should listen to her. If she does not want to talk to you, you should let her take her time. Do not force the victim to give all information about the incident.

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GAPS/PROBLEMS
1) The community may not have any information about violence and rape. 2) The victim may shower, or pee, so that the forensic evidence may be lost.

POSSIBLE RESPONSES
Distribution of posters and pamphlets with basic information on violence and what to do in cases of rape. E.g. services available for victim. etc. Awareness campaigns in the community not to take a shower, or pee, after the incident happened. There can be forensic evidence on or in her body that is needed for processing the case. On-going empowerment activities of refugee women. On-going awareness campaigns in the community. Awareness raising among men about Violence against Women in the community. On-going awareness campaigns of sexual and gender based violence issues in the community. Workshops on basic counseling principles with women. Advertising of services. Can promote the use of the loudspeaker and camp radio to advertise services about where victims can go. Advertising the address or location of Womens Organization's in each camp. Awareness raising in the community and provide information that everyone has the responsibility to assist a victim. Awareness raising about Violence Against Women and Child Rights by radio program. UNHCR should advocate for victims who dont have MOI registration. Awareness raising in community about confidentiality being very important for the victim. KRC should establish a safe Complaints Mechanism in the refugee camps and give awareness to the community. Give emotional counseling first and give time to the victim. So that she can describe the incident clearly. Give awareness raising in the community about how important it is, and what the benefits are, to get justice in the case of violence and rape. Womens Organizations and other community groups will organize activities to prevent violence against women and for womens empowerment so that women will have self confidence to speak out. IRC-LAC, UNHCR, KRC and Camp responsible persons will provide clear information about the justice system to the community.

3) The victim may not want to talk to anyone (afraid, shy, upset, etc). 4) Women may not trust anyone.

5) The first contact may not be able to fulfill this role; she/he may not be aware of the issues; she/he may be judgmental. 6) The first contact may not know the women's organization.

7)

The first contact may not have time or may not want to be involved in the case.

8) 9)

It may be difficult to help the victims who dont have MOI registration. The victim and the first contact may not have knowledge about confidentiality and why it is very important for the security of the victim. 10) If the perpetrator is a community leader or leader's family, the victim and the witnesses may not be comfortable to report the incident. 11) Some victims cannot say clearly, in enough detail, what happened to them. 12) The victim doesnt report the rape case to anyone. 13) The victim reports her case to first contact but doesnt want her case to be taken up or known by anyone else. 14) The victim and first contact person may not know the justice system.

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15) The victim and first contact person may not know who they should ask for help or support. 16) In the community there is awareness giving on violence against women in general. However women and girls with disabilities (such as deaf, blind, mute and mental disability) have no access to information about violence against women.

Information should be shared regularly to the community about what organisations are able to do for the victim. Give awareness to family households who have women or girls with different disabilities. Share information to the whole community that people with disability are more at risk of sexual abuse because the perpetrator thinks that they will not be able to report the case to anyone. Parents or guardians of people with disability should pay attention to this and stand up for them and never ignore or blame them.

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STEP TWO

REPORT TO WOMENs ORGANIZATION OR CAMP COMMITTEE RESPONSIBLE PERSON

The victim decides she wants or needs some help of some kind. So she goes to tell the Women's Organisation, or a Camp Committee Responsible Person, about her case. The organizations listen to her and give her some information. They will take some action for her security if necessary. Notice: More about victim consent The victim's consent must be obtained for every service. Unless the victim is willing to do or agree, the responsible persons or any organization cannot force her. Before visiting the victim in her home, any organization should think carefully about the security of the victim and whether your visit to her home will put her in danger. The victims consent will guide information-sharing between organizations and all those involved. 2.1 Role of First Contact At this point the first contact can: 1) Accompany the victim to a womens organization or a camp responsible person. 2) Stay, or leave, depending on the wishes of the victim. 3) Keep strictest confidentiality. 2.2 Role of Section Committee Responsible Persons 1) If the case is reported to the section leaders, the section leaders will record all of the information provided by the first contact. 2) Section leaders will ask security to detain the accused perpetrator and will gather information from the accused perpetrator. 3) Section leaders will contact the Womens Organization. 4) Section leaders will receive information about any incident from the women's organization and security. In serious cases, which are referred to camp level, the information given to Section Leaders will only be brief. For less serious cases, which will be dealt with at section level, the information will be more detailed. 5) Arrange a safe place and security for both the victim and the person who provides care. 2.3 1) 2) 3) 4) 5) 6) Role of Camp Security Guards (The main aim here is the protection of the victim) Ensure safety of the victim and her family members. Provide security to any witnesses. Detain perpetrator carefully so that the perpetrator does not escape. Need to collect information about the case. Bring the report back to the Section Leader or Camp Social Welfare. Provide security to the perpetrators family members.

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2.4 Role of Women's Organization and/or Camp Committee Responsible Person The Women's Organization or Camp Committee Responsible Person should try to: 1) Arrange a private space to receive the victim. 2) Listen to the victim. 3) Offer emotional support to the victim. 4) Explain the importance of a health check-up and the procedure of a health check-up. 5) Ask the victim if she is ready to go to hospital. (She should go as soon as possible, without washing or changing clothes). 6) If you need support from an NGO; contact the NGO and ask for assistance. 7) NGOs should appoint one person to assist and coordinate with the women's organization or camp responsible person. 8) Accompany the victim to the clinic. Health responsible person also makes assessment of the health safety including the need for psychosocial counseling. 9) Everyone involved keeps strictest confidentiality. 10) Arrange a safe place for the victim to stay with a person who provides care to her. Work with the victim to develop a safety plan. 11) If there is a need, collect information and give it to the camp responsible person. 12) If required, provide food, shelter, and other basic needs to the victim. 13) Provide information about available services relating to physical and emotional needs. (See details in Appendix 3). 14) Both the Womens Organization and the Camp responsible Persons will work closely together for the best interests of the victim. 15) Start to write up information about the case in reports. Keep the case file in a safe place. Add information and other report forms to the case file as needed. 16) Can share the information only if they have the consent obtained from the victim. 17) With the victims consent, the person from the Womens Organisation or the Camp Committee, whose role is described here, will act as the camp SGBV Case Manager for this case. For KWO SGBV Case Managers, follow guidelines in the KWO SGBV Case Management Manual. Sometimes it is difficult to know what to say. Here are some suggestions: Would you like to sit here? Can I sit with you or would you like to be alone for a moment? (If she would like to be alone, you should make sure she sits in the area where you can see her, to ensure her safety). Explain who you are and briefly about your organization. Is there anyone you want me to contact? When you talk to the victim about her condition, you can say: It is not your fault. Nobody should be raped. I am glad that you are alive. (If the victim said that she trusted the perpetrator or that she did not fight back, tell her that she did not do anything wrong. The fact that she is alive is the most important thing.) I am sorry that this happened. I want to let you know that we can talk in private. I will not talk about this with anyone else unless you want me to. How do you feel now? Do you want to tell me what happened to you?

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Do you want to go to the hospital? The hospital can take care of your injuries. They can provide the treatment and they can do a physical and internal examination for you. The hospital can write a medical report which you can use if you want to take legal action to prosecute the perpetrator. Do you want me to take you to the hospital? Do you want more information about the hospital? Is there anything else that you want to tell me? If she does not want to go to the hospital, you can say: Explain to the victim that there is a risk of sexually transmitted diseases such as HIV/AIDS, STD and others. If you go to the camp hospital then the camp hospital can provide prevention and or treatment for STDs. Tell the victim that there is the possibility of pregnancy. Ask: Do you usually use contraceptives? Ask: What type of contraceptives? (eg. the pill, Depo Provera, the injection.) Ask if she is currently using these contraceptives? (If she is not currently using these contraceptives inform her that we have some here that will prevent a pregnancy. Ask: Would you like to take the emergency contraceptive pill? Provide information about the ECP as supplied in Appendix No. 2.) To be sure about her security, you can say: What would you like to do now? Do you need somewhere to stay? If she says yes, then organize suitable accommodation for her. Is she says no, ask her: Do you want me to take you back home? Do you want to come to talk to me again? Do you want me to visit you at home? In case I go to your house, is there any security concern there? Things to remember. Women who have been raped or sexually assaulted may experience a variety of feelings at different times. Guilty Powerless Angry Ashamed Disappointed Dull Afraid Distracted Not confident Sometimes women may not want to eat or sleep. She may lack the ability to concentrate. Some women will think about suicide. Some victims might commit suicide. Some women will have physical symptoms of anxiety: pale face, nervous shaking, etc. Different women will respond in different ways and her feelings will change each day. Some women will take time to respond or to bring up their case. It will be difficult for her to talk about the experience of rape with friends or families. However it is very important that the victim receives empathy and support.

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GAPS/ PROBLEMS
1) It is difficult to maintain confidentiality in close communities. 2) Difficulties in providing safe, secure accommodation for the victims. 3) Lack of human resources in organizations means that women trained as counselors also have other duties, and they may not have time to give proper counseling. 4) Communication between camp and town is difficult and it takes time.

POSSIBLE RESPONSES
Organizations should hold policy discussions to develop guidelines for members on issues of confidentiality. In refugee camps, work with the camp committee leaders to provide security for the victim and provide training on safety planning. Womens organizations should have safe houses for the victim. If not, they should contact other womens organizations who run the safe house. Training for selected members of Women's Organizations, camp responsible persons, NGO staff, to provide counseling to the victims. NGOs and UNHCR should work closely with the community by assisting communication and sending letters and news between camp and town. Give training and awareness to the responsible people. The camp security must recommend the special messengers in each section, in order to be able to inform the responsible person whenever incidents happen.

5) It might be difficult to submit a case to the section leaders or section responsible person. (E.g. that person does not accept the case, or blames the victim) 6) It is difficult to get in touch with the security staff and section leaders when a case happens suddenly in the camp.

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STEP THREE

ACCOMPANY THE VICTIM TO CAMP HOSPITAL OR HEALTH CLINIC

The victim goes to the camp hospital to check her health situation. Someone she chooses should go with her to help her. If she needs something that the camp hospital can not do, she will be referred to a Thai hospital for treatment. The support person from the Womens Organisation will be appointed by the Women's Organization. (The selected support person should be a person who the victim has agreed to and accepted.) 3.1 Role of Support Person from Women's Organization: 1) Provide information about the medical treatment and process before accompanying the victim to the hospital. 2) Accompany the victim to camp hospital. 3) Provide translation and support if needed or wait until the doctors/medics have finished their examination and treatment. 4) Request a female doctor/medic for the victim. 5) Provide the doctor/medic with information about any medication that was given to the victim prior to coming to the hospital (e.g. emergency contraceptive pill/ ECP). 6) Encourage the doctor/medic to explain first what and how she will make her examination of the victim. 7) After the doctor/medic has completed the examination, confirm that the doctor/medic has filled in the report form. 8) If the victim requests, also sit and listen to the doctor/medic instructions about any treatments (to be able to explain to the victim later). 9) Support victim in getting an appropriate treatment and do the follow up with her. 10) Keep strictest confidentiality. 11) Be able to advocate for the victim who has physical or mental disability. 3.2 Role of Camp Hospital 1) Provide a private space to receive the victim and take her information. 2) Explain the procedure of the treatment. 3) Conduct an examination and provide treatment, by female staff. 4) The treatment will be given after the doctor/medic check up for both internal and external injuries. If injuries cannot be treated in camp hospital, then the victim will be referred to Thai hospital. 5) Offer emergency contraceptive pills (ECP), to the victim, in the case of penetrative sex, if the womens organization has not already given it. 6) Offer STD check or make an appointment for STD check within two weeks. 7) Make an appointment for further physical and emotional checks and treatment. (e.g. Counseling, pregnancy test, HIV counseling) 8) Offer Post Exposure Prophylaxis (PEP), to prevent HIV, within 72 hours from the time of the incident. 9) Any victim with mental disability will be given appropriate treatment to calm herself, if needed. 10) Offer the chance to victim to be referred immediately to a Thai hospital for medical check, treatment and gathering forensic evidence. This should be offered no matter if the victim also goes to Thai Justice or not. 11) If the victim is pregnant from rape, under Thai law she may be able to have an abortion. The hospital staff and/or UNHCR and/or LAC provide counseling about this possible option. (see Appendix 1 Legal Advice for details).

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NOTE: The medical examination as outlined above can be conducted at any time. But it is best to do it within 72 hours after the incident. 3.3 Role of the Victim 1) Give as many details as possible to the doctor/medic. 2) Ask the doctor/medic anything she wants to know. 3) If in need of any kind of help, try to inform the responsible person who is helping her. Say when and where she wants the helper to be. Do not hesitate to ask for help.

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GAPS/PROBLEMS
1) Difficult to keep confidentiality for hospital workers in camp.

POSSIBLE RESPONSES
Provide awareness raising to health workers on why confidentiality is important. Explain to health workers that not sharing information to others about rape and Violence Against Women is important because it will help the victim to get justice. Therefore it is important to not share this information to those who are not involved in the case. Health agencies should develop Code of Conduct for health workers in camp. Let health workers know that if this kind of information is shared with others and spreads out in the community, the victim may suffer from discrimination by others. CBOs, Womens Organizations, NGOs and hospital will identify specific contact people whenever the case happens. Womens organization, CBOs, health workers and camp responsible person will explain to the victim why it is important to get treatment. The victims family, relatives, friends should encourage the victim to go to the hospital. The camp responsible person and Womens Organisation should advocate for any special needs and treatments for these victims. Camp responsible person and Womens Organisation should receive training on how to deal with and support victims with mental disability. The person who accompanies the mentally disabled victim to the hospital must explain to the health workers about the victims special needs: her health situation, background, any treatments given by the hospital. The camp responsible person and Womens Organisation person will ensure fair treatment, including non-discrimination to victim with physical disability. Anyone who accompanies the victim with physical disability should be aware and advocate for the victim, if needed.

2) Lack of cooperation between health workers, womens organizations, CBOs and NGOs. 3) Some victims do not want to go to the hospital. 4) The special needs and treatment for victims with mental disability are not recognized or considered. 5) The special needs of victims with physical disability are not recognized or considered.

Things to remember while supporting a victim with physical or mental disability: 1. Make sure that the victim who has a physical disability, (eg. without hands/legs or not able to walk) should have the support materials provided (such as, prosthesis, crutches, and wheel chairs). If these materials are not available for them, they should be requested from the organization that supports people with disability. 2. The camp responsible persons will ensure that there is access to justice for any victims with a disability (eg. Mental, physical, deaf, mute, blind, slow learners). 3. A person who refers or supports these victims, also has a duty to advocate for their needs effectively. 4. In case the victim uses sign language which only used in her home, the family member of the victim should be called to interpret for her. If the victim uses the Burmese or Karen Deaf Sign Language, then an interpreter who knows the language must be provided. 5. Make sure that any interpreter looks straight forward at the victim, in order for the victim to see the interpreter's mouth and face. The interpreter will use sign language and pictures.

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STEP FOUR

CAMP COMMITTEE RESPONSIBLE PERSONS AND WOMEN'S ORGANISATION PROVIDE SUPPORT AND SERVICES.

The victim will receive many kinds of support and services if she wants or needs them. These will include: safety, health, legal, counseling, material support, religious, etc. 4.1 Role of Women's Organization and Camp Committee Responsible Persons: 1) Ensure the victim has a safe place to stay with a support person. 2) Ask the victim who she wants to be with her. 3) Visit the victim regularly and offer counseling. 4) Explain all the possible actions and possible outcomes. 5) Give the victim time to think about the options and to ask questions. 6) Get any additional information needed from relevant agencies, without disclosing names and places. 7) Write up a detailed report or incident report form and keep it confidentially. This report is important also, because if the victim chooses to get justice, the responsible people may request to see it. 8) Refer the victim to any organization or individual who can offer services that she needs. 9) For KWO, follow guidelines in the KWO SGBV Case Management Manual. 4.2 Role of the Victim 1) Takes time to recover physically and emotionally. 2) Asks anything she wants to know.

GAPS/PROBLEMS
1) It can be difficult while contacting other agencies and getting the information needed without disclosing too many details about the victim and violating confidentiality. 2) Women's Organization or camp responsible person may not have the skills to write up the report.

POSSSIBLE RESPONSES
Organize meetings for those people responsible to take action for the victim, which will set up procedures for them to share information that respect confidentiality but still allows them to do their work. KRC and Camp Committees should develop report forms, distribute them to camp responsible people, and provide training for writing them up. For KWO, follow guidelines in the KWO SGBV Case Management Manual. Explain the rules and regulations that she needs to follow and what the advantages are for her if she follows them. Give counseling to her. Discuss an alternative safety plan with the victim.

3) There are security concerns for victims and the organizations that help them, when victims choose not to follow safety guidelines.

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AFTER STEP 4
1) After Step Four, the victim may decide she does not want to take any further action. She may want to take time to recover and to have support from the community, the Womens Organization or Camp responsible persons. Any support that the victim requests which the community organization cannot afford will be referred to NGOs with the consent of the victim. 2) If she decides she does not want to take any further action, then we should support her in her needs: She may want to stay quietly to re-build her life. She may wish to have access to some spiritual and/or emotional healing (religion, meditation, counseling, etc). She may wish to express her feelings about the rape in some other forms i.e. creative writing, art, and drama. These needs are not necessarily independent of each other. She may need to do one or two things at any one time. If she wants to continue further action she may also need to have any of these types of support as well. NOTE: If the victim decides to take action in the camp justice system, proceed to Step Five i.e. Camp Judicial Process. If the victim decides to take her case to Thai Justice System, proceed to Step Seven i.e." Report The Case To Thai Judicial System". Please see Appendix 1 (legal information) for further details.

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STEP FIVE

CAMP JUDICIAL PROCESS

The victim will proceed through the camp's judicial process for her case. According to agreements with RTG, some SGBV cases can be solved in camp and some must be solved in Thai justice. Rape cases should not be solved at section level. They must be solved at zone/camp level or sent to Thai Justice. Note: If the victim chooses to access justice in camp, follow the procedures below. If the victim chooses to access Thai justice, her case must be reported to UNHCR or IRC/LAC. 5.1 Role of Section Committee, Zone Committee Responsible Persons 1) Section Committee will confirm the information that they receive about any case of SGBV reported to them. Some cases can be solved at Section level, and some cases must be referred up to Zone or Camp level, or to the Thai Justice. 2) All rape cases will be referred to Zone Committee Responsible person or Camp Social Welfare in-charge. 3) Submit the case to the camp security officer. 4) Section and Zone Committees Responsible Persons must guarantee to keep the information confidential. 5) Section Committee responsible person will solve some SGBV cases, guided by Camp Rules, KRC, and Thai Law. 5.2 Role of Camp Committee Social Welfare In-charge 1) If camp social welfare in-charge receives the report (rape and other SGBV cases) from the section or zone, then he/she will ask camp security to investigate to collect more information of the case. 2) Camp social welfare, Section Responsible Person, Security, Womens organization, victim and her family will meet together and discuss the case and what the victim would like to do with the case. 3) Camp Social Welfare In-charge, Section Responsible Person, Security, the accused perpetrator and his family will meet together and discuss the case and will let him know what the victim wants to do. 4) Depending on the victims desire and consent, all responsible persons, Womens Organisation, victim and accused perpetrator will meet and try to solve the case. They will be guided by Camp Rules, KRC, and Thai Law. 5) If the victim is not satisfied, the case will be referred to camp justice to solve it. 5.3 1) 2) 3) 4) 5) Role of Camp Justice As soon as the camp justice receives the case report, he/she will start to gather all case information as needed. To get more information, camp justice will meet with camp social welfare in-charge and camp security guards. Camp justice will meet with victim and her family. Camp justice will meet with accused perpetrator and his family. After the camp justice meets with all parties, if he/she does not have enough information, the camp justice will ask related parties to find out more information as needed. 6) After getting all this information, camp justice will discuss how they want to proceed and will make an appointment to meet all involved parties. 7) Camp Justice will hold the meeting with all involved parties and try to solve the case. They will be guided by Camp Rules, KRC, and Thai Law.

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8)

After solving the case, the camp justice will follow-up to check if the outcome or agreement is followed within the agreed time frame. 9) If the victim, or accused perpetrator, or camp justice are not satisfied, the case can be referred to UNHCR or IRC / LAC for referral to Thai Justice. 5.4 Role of Womens Organization Responsible Person 1) The Women's Organisation has already got information from the victim in a written record which is kept safely. 2) When Womens Organisation receives a request, they will send the information/report to the camp committee responsible persons. 3) Then Women's Organization will accompany the victim through the camp judicial process as needed. 4) Advocate for the victim as needed. 5) Will make sure the victim understands the decision making, especially how the accused perpetrator will be charged. 6) Will be available to support the victim as needed. 7) Encourage and support the victim including her family, as needed. 8) Based on the victim consent, the womens organization responsible person acts as the camp SGBV Case Manager so she monitors and supports the case throughout. 5.5 1) 2) 3) 4) 5) Role of Victim and Rights Be ready to provide information to responsible persons. To get a fair judgment, she needs to speak out clearly. If the victim is not satisfied with the decision of the Section/Zone/Camp judicial process, the victim can appeal it again. If the victim feels unsafe, she has to inform the leaders at once. If the victim knows that the perpetrator is not obeying the judgment, the victim should inform responsible persons. (eg. In cases of compensation, detention, etc) 6) Victim can make a decision whether she wants to proceed further with the case or not. 7) If the victim is a child or has a mental disability and cannot make decisions by herself, then the decision and consent must be made by the parents or guardian or competent officer on her behalf. 5.6 1) 2) 3) Role of Accused Perpetrator and Rights Be ready to provide information to responsible persons. If he is not satisfied with the decision, he can submit an appeal. If the case is referred to the Thai judicial system, the perpetrator has the right to be provided with a trained lawyer to advocate for and defend him. Role of Camp Security Guards and Responsibilities Provide security to the victim and her family. Provide security for camp justice and anyone in danger because of the case. Provide security to perpetrators family, if needed.

5.7 1) 2) 3)

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4) 5) 6) 7) 8)

Interview and investigate the case. During the investigation interview individuals and organizations and access documents and records. If instructed by camp responsible persons, detain the accused perpetrator. See KRC Detention Guidelines, Draft 2009. Camp security must guard the accused perpetrator carefully. If the perpetrator escapes detention, the camp security must inform other Zone responsible persons, section responsible persons including security guards, or Thai authorities immediately. When interviews and investigation are complete, the camp security will submit the case information to the camp judiciary. If the judge wants to see the perpetrator, the security guards must get the perpetrator from detention for him. If the case is not closed yet, the security guards must keep the perpetrator in detention. Roles of CBOs Accompany the victim and provide support as needed. Encourage the victim. Advocate for the victim. Support the victim as needed.

5.8 1) 2) 3) 4)

GAPS / PROBLEMS
1) Section leaders and camp responsible persons are predominantly men: the Womens Organization may not have power or feel comfortable to have discussions with them. In that case, the victims may not want to report their case to them. 2) Womens organization or camp committee responsible person may not have the negotiation skills to truly represent the victims wishes. 3) Camp committees and section leaders have to deal with many issues, and so the issue of violence against women may not be prioritized.

POSSIBLE RESPONSES
Provide training in effective cooperation (information sharing, updating and planning together. etc) to camp responsible persons, especially male leaders. Promote more women in leadership positions in camps, especially decisionmaking roles in camp justice. Provide negotiation training to Womens Organizations and camp responsible persons. Provide gender trainings for camp committees and section leaders. Increase the number of women on the camp committee and as section leaders. Increase the number of activities that target women, as part of the duties of the camp committee. Each supporting organization will appoint a specific person, including a job description, and check it is being done. Provide training on case monitoring for responsible persons. There should be discussions and agreements among those closest to the victim in order to ensure an on-going support system.

4) The supporting organizations may all have busy schedules, and may not have time for the victim as expected. 5) Responsible persons may not have the skills to monitor the progress of the cases. 6) People are not aware of, nor consider, the special needs of the victim with mental disability, a young child or someone severely traumatized, who are not able to make their own decisions.

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7) There are simple rules and procedures in camp, but there are not enough and they are not clear.

8) In the camp, there is no detention center suitable for the perpetrators who are under 18 and so it is difficult to punish them in the camp judicial system. 9) There is no private space to interview the victim. 10) Camp Committee responsible persons may not understand the feelings of the victim and how to interview them appropriately. 11) No safety for the victim and her family during case handling.

Judicial decisions that cannot be followed should be referred to camp committee meetings to discuss. All the camp rules, laws and policies and punishments should be made available for all camp residents. Camp responsible persons must consider this problem while reviewing the camp rules. Consider reporting under the Thai justice system in such cases, as there are specialized procedures for perpetrators under 18. Womens Organization and camp committee responsible persons ensure having private space to interview the victim. Give interview technique training to all those responsible to conduct interviews. Camp committee responsible persons and security will ensure the safety of the victim and family and advocate for them. MOI and Thai Or Sor have to ensure the security of the victim, witnesses and carer of the victim. Make sure the female security interviewer is available for the victims. KRC, in consultation with all camps' justice and CBOs will review and develop standard, detailed rules for camp and provide training to all camps. Serious crimes should be referred to the Thai Justice system. Report the case to Complaints Mechanisms with CCSDPT, TBC, or UNHCR.

12) If the perpetrator is a Thai citizen, it is risky for the victims and carers of the victim, including during the transportation from the camp to the Thai court. 13) If the interviewer of a victim is a man, it is difficult for the victim to give details about her incident. 14) The camp judicial system (rules and punishments etc) is very basic, sentences are very light for serious offenses and there is a lack of clarity among justice workers about what to do in each case. They are also not implemented the same in all 7 camps. 15) The perpetrator might be a staff member or employed by UNHCR, or NGO, or Camp Committee, or KRC. This is a case of PSAE.

IF THE VICTIM DECIDES SHE WOULD LIKE TO CONTINUE ON TO THE THAI JUDICIAL SYSTEM, PROCEED TO STEPS 6 AND 7. IF THE VICTIM DECIDES SHE DOES NOT WANT TO CONTINUE TO THE THAI JUDICIAL SYSTEM, SHE MAY WANT TO: a) Stay quietly and re-build her life. b) She may wish to have access to some spiritual and/or emotional healing (religion, meditation, counseling, etc). c) Become an advocate against violence against women. d) Express her feelings in some creative form (creative writing, drama, art) Notice: These decisions are not necessarily independent of each other; she may do two or more things at any one time. Her decisions must be respected and supported.

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STEP SIX

REFER THE VICTIM TO THAI HOSPITAL

The victim can go to the Thai hospital for treatment if she needs it. If she is seriously injured she will be referred to the Thai hospital quickly, as soon as the camp hospital sees her. If she needs treatment or service that the camp hospital can not give, then she will go to a Thai hospital. NOTE: Referring the victim to a Thai hospital depends on the decision of the victim. Sometimes the victim can make a decision after Step Two to go to the Thai justice system, then proceed to Step Six directly. There are two main reasons to refer the victim to Thai hospital. The first reason is for the victim to get emergency treatment. The second one is to check the forensic evidence of rape that is on or in her body, even if the victim chooses later not to report her case to Thai Justice System. If the victim is seriously injured, the camp health staff and responsible persons can discuss with her family to transfer the victim to the hospital. If the victim has a mental disability or cannot make decisions by herself, then her carer can make a decision on her behalf. Referring the victim to a Thai hospital for forensic evidence check-up of rape depends on the consent or the decision of the victim. If the victim decides to go through the Thai judicial process, the forensic evidence is very important and useful. For any follow up appointment at the Thai hospital, the reason and appointment should be explained clearly to the victim, and the victim must be informed at least three days ahead of time if she must travel out of camp. The medical examination, both internal and external, can be conducted any time. However, it is best if the check up is done within 72 hours. If the victim chooses to access Thai justice, she will be taken first by UNHCR, IRC/LAC to the police. Then the police will make a referral to a Thai hospital as part of entering the Thai Justice system. A medical examination will be conducted at that time. Any organizations taking the victim, companion, or witness out of camp are responsible for their basic needs. (eg. food, water, clothes.) 6.1 Role of Camp Hospital 1) Camp hospital responsible person needs to inform camp responsible person and Women's Organization if they refer the victim to a Thai hospital. (In the case of any victim, witness, perpetrator or any one of their family members who are referred out of the camp, the camp responsible persons should be informed.) 2) Camp hospital responsible persons have to ensure that they include the medical treatment report with the victim when they refer her to Thai hospital. The report can become good evidence and can assist the Thai hospital responsible persons to treat the victim. 6.2 Role of UNHCR, IRC/LAC 1) Explain to the victim the reason why she should go to a Thai hospital for forensic evidence and the purpose of the forensic evidence in a Thai court. 2) Arrange for transport for the victim to Thai hospital and accompany her there. 3) Work with NGOs that are responsible for health in the camp.

32

4) 5) 6) 7) 8) 9)

Advocate for the victim. Arrange for the safety and security of the victim and the companion in coordination with other organizations. (eg. accommodation, food, basic needs, safety, protection, and translator.) Obtain camp passes for victim and any others, to exit and re-enter camps safely, in order to attend steps in legal process. Ensure the victim has a competent translator who has the experience of using the local language with pronunciation that is understood by the victim. When UNHCR, IRC/LAC receive a case for referral to Thai justice, verify if this victim had been referred to the Thai hospital already or not. If the camp hospital has not referred the victim to the Thai hospital yet, then UNHCR and IRC/LAC will get a police referral and then will take the victim to the Thai hospital in order to get medical forensic evidence. Co-ordinate with the Town SGBV Case Manager.

6.3 Role of NGOs 1) Provide support to victim for her needs while going to Thai hospital outside the camp (eg. transportation, accommodation, food, etc.). Please see Appendices 3 and 4. 2) The Health organization will inform UNHCR, IRC-LAC in the case of a forensic examination. 3) All NGOs should co-ordinate with the Town SGBV Case Manager. 4) The Town SGBV Case Manager, (ie. IRC-WPE and ARC) will accompany and support the victim throughout all services she receives in town. 6.4 Role of Camp Social Welfare Coordinator 1) For any case processed outside of camp, the Camp Social Welfare Coordinator should receive notification from the Camp Hospital Responsible person when it is necessary for anyone to leave camp (eg. victim, witness, perpetrator or their family members). 6.5 1) 2) 3) 4) 5) Role of Thai Government Hospital Thai hospital should consult with the victim and her advocates regarding medical treatment already administered in camp. The hospital should perform a medical check-up and treat any injuries. If prophylactics (ECP, PEP, etc.) have not been previously administered the hospital should do so. If the hospital has an OSCC (One-Stop-Crisis-Centre), the victim should be treated there. If the case requires it, the hospital should collect forensic evidence from the victim.

A forensic examination may include the following processes: Collect evidence from the vagina (e.g. sperm, pubic hair). Collect evidence from the mouth by using cotton swabs. Collect evidence from under the fingernails (it might be the skin of the perpetrator). Take photographs for evidence. And keep them very confidential. In a safe, locked place that only one person can access. Record all the injuries in the report form. Fill up the report form with all the necessary information that is needed for the Thai responsible persons.

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NOTE: The forensic examination needs to be conducted as soon as possible or within 72 hours. In order to receive the medical and forensic evidence from the hospital, UNHCR, IRC/LAC will organize to refer the victim to the Thai hospital. The expenses of the medical forensics will be paid by the police, if a report is made to the police first. However, if the victim goes directly to the hospital, for the general medical check-up such as STDs and physical injuries, NGOs shall take the responsibility for it. Regarding the medical forensics, the victim must be asked for her consent. If the victim is willing to report her case to the Thai judicial system, the explanation should be given to her that the medical forensics is very useful in the court case. 6.6 1) 2) 3) Role of CBOs Advocate for the victim. Provide support for victims needs while she is in town, if requested. Monitor any case that has been referred to Thai justice throughout the whole process.

GAPS / PROBLEMS
1) The victim might be a disabled person and cannot answer the questions of the hospital.

POSSIBLE RESPONSES
Make sure to have one person who is familiar with the disabled person accompany the victim to the Thai hospital to answer the questions of the hospital. Arrange the translator for the companion and the victim. Health NGOs will develop the system of referring to the Thai hospital and cooperation between relevant groups. When referring the victim to Thai hospital, the Camp hospital staff need to ensure that they give the medical treatment report to the victim.

2) In camp, transferring the victim to the Thai hospital is not done systematically. 3) The Thai hospital may not know what kind of medical treatment that the victim received in the camp.

Note: ! There are 2 situations when the Thai hospital will ignore victim consent. The hospital is legally obliged to inform a competent official, or police officer or person who has a duty to protect a child's safety: a) When the victim is under 15 years old. (See Article 29 in the Child Protection Act). b) The victim is so severely traumatized, she cannot make her own decisions, then the hospital is obliged legally to inform the police. ! Except for these 2 situations above, the victim can make her own decision of whether or not to inform the police.

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STEP SEVEN

REPORT THE CASE TO THAI JUDICAL SYSTEM

The victim decides to take her case to the Thai Justice system. She proceeds through the justice steps with support from camp and town organizations. UNHCR and/or IRC/LAC will provide her with legal support for her case in the Thai system. Note: If the victim chooses to access justice in camp, follow the procedures in Step 5. If the victim chooses to access Thai justice, she must report her case to UNHCR or IRC/LAC. Any organization taking victim, companion, or witnesses out of comp are responsible for their basic needs. (eg. food, water, clothes) 7.1 1) 2) 3) 4) 5) 6) 7) 8) 9) 10) 11) 12) 13) 14) 15) 16) Role of UNHCR, IRC/LAC Share the legal information and counseling to the victim. Explain to the victim and the witnesses about the Thai judicial system, so that they can be well-prepared. Arrange for transport for the victim to Thai police station and accompany her there. Advocate for the victim. Ensure the safety and protection of the victim and any witnesses. Arrange for the needs of the victim and witnesses (e.g. accommodation, food, basic needs, safety, protection) in coordination with other organizations. Provide support and assistance for the alleged perpetrator. (See Appendix 1 for more details) Obtain camp passes for victim and any others, to exit and re-enter camps safely, in order to attend steps in legal process. Inform the Camp Social Welfare Coordinator when it is necessary for someone to leave camp (ie. victim, witness, perpetrator or their family members). Make sure that the Thai public prosecutor that is assigned by the Thai government, offers assistance to the victim and the witnesses throughout the whole legal process. Provide regular information to the victim about the situation of the perpetrator and the status of the case for the sake of the victim's security. Provide information regarding law throughout the process of Thai judicial system. Provide regular updates to the Camp Social Welfare In-charge, and Women's Organisation Social Welfare about the status of the case, with the victim's consent. Make sure and advocate to the police for the victim to fully understand the interview document, which is written in Thai, before the victim is asked to sign it. Arrange for an appropriate translator who has experience of using the local language with pronunciation that the victim can understand. Co-ordinate with the Town SGBV Case Manager. (ie. IRC-WPE, ARC)

7.2 Role of NGOs 1) Provide support to the victim for her needs while going to Thai judicial process outside the camp (e.g. transportation, safety, accommodation, food, etc.). See Appendices 3 and 4 for more information. 2) All NGOs should co-ordinate with the Town SGBV Case Manager. 3) The Town SGBV Case Manager, (ie. IRC-WPE and ARC) will accompany and support the victim throughout all services she receives in town.

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7.3 Role of Camp Social Welfare Coordinator 1) For any case processed outside of camp, the Camp Social Welfare Coordinator should be informed by UNHCR or IRC/LAC when it is necessary for someone to leave camp (i.e. victim, witness, perpetrator or their family members). 2) Provide updates to the victim and her family about the status of the case proceedings, which are taking place outside of camp. 3) Provide updates to the perpetrator and his family about the status of the case proceedings, which are taking place outside of camp. 7.4 1) 2) 3) Role of Women's Organization Advocate for the victim. Monitor the case that is referred to the Thai Justice. If the case proceeds with some difficulty, victim may request extra support from central level of the Women's Organisation directly. They will respond to the victim's request.

7.5 Role of Thai Police 1) Offer a private interview space and arrange for the presence of a policewoman, social worker and translator. 2) In the case of a victim under 18 years old, arrange for the presence of a social worker, guardian, psychologist and translator. 3) Interview the victim with respect, ensuring confidentiality. 4) Read the report form back to the victim, allowing time for translation. 5) Make sure the victims, witnesses, and guardians understand the interview documents by asking if the report is accurate, if the victim wants to change or add any information. If so, the police must make the changes and read again with translation. When the victim is satisfied that the report is true and detailed, ask her to sign or finger print it. 6) Check that arrangements have been made for the safety and security of the victim and provide any necessary protection.

GAPS/ PROBLEMS
1) Border police stations do not always have women police officers. 2) Police often do not have any understanding of how the victim feels and how to ask questions sensitively. 3) Police stations may not have a special room for interviewing the victim.

POSSIBLE RESPONSES
Advocate and support for women police officers at all police stations. Provide trainings for police on issues of violence against women especially the police based on the border. The questions should be asked in a simple and clear way and using words that will not hurt the victim. Advocate for and monitor the adherence to the criminal procedure code which calls for all police stations to have special rooms for interviewing children and victims of violence. (eg. If there is no arranged room ready, then the police have to arrange another room with enough tables and chairs.) Conduct networking meetings between NGOs and police that make joint commitments, including translation, interpretation and allowing interpreter to translate the testimony.

4) Police may not respect the need for a translator and may not give adequate time to read back the statement.

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5) It can be difficult to ensure the safety of the victim and witnesses.

6) It is difficult to process the case in Thai Justice System for new arrival refugees who dont have MOI registration. Camp passes to travel are sometimes not issued by the camp commander for those people. 7) Thai Police often refuse a case or send it back to camp without finishing it. Camp Justice are not sure what to do, so many serious cases are not dealt with. 8) Thai police may not follow proper investigation procedures, especially if the victim is dead.

If the victim has a disability (eg. mentally disabled, blind, mute, deaf, slow learner) someone she trusts should be organized to accompany the victim to the hospital and police station, in order to help the victim to understand the questions and procedure. Camp responsible persons, Womens organization, NGOs and UNHCR will have a meeting and make joint commitments, including guaranteeing the protection and safety of victim and witnesses in the camp. Need to advocate to Thai police for the security of the victim and the witnesses, when the victim and the witnesses go to Thai judicial system outside the camp. Make sure there is access to safe houses for the victim and witness when she is out of camp. Advocate for the new arrival refugees to get MOI registration. UNHCR, IRC/LAC will negotiate with Thai authorities to ensure victim and witnesses receive permission to leave camp and re-enter safely. UNHCR, IRC/LAC and KRC should review the camp justice framework to be able to deal with this type of situation adequately and fairly. Training should be given to camp justice and refugees about proper procedure following an unnatural death (e.g. Need for autopsy, do not disturb crime scene, safe guarding body and evidence). UNHCR and IRC/LAC should closely monitor and support the police investigation.

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WHAT THE THAI LAW SAYS: For the rights of refugees to follow a legal route: All people on Thai soil have the right to protection under the law. Anyone who has been abused, exploited or had a criminal act performed against them, can open a case and go through the legal proceedings. Information about Thai Police Procedure: In Steps: 1. The victim will be taken to the police station to report the case. 2. The police will conduct an interview with the victim at the police station, and ask about details of the incident. 3. If required, the police will summon witnesses to the incident, to interview them about the incident and their account of what happened. 4. The police will record all interviews and evidence in the case enquiry file. 5. The police will summon the accused. If the accused does not attend, an arrest warrant will be issued by the court, and the accused will be arrested. 6. The police will submit the case enquiry file to the public prosecutor, who will act as the victim's public prosecutor. If the victim or the witness is a minor (under 18 years old): According to the Criminal Procedures Code, Article 133, all police stations should have a special room to interview victims and witnesses under 18 years old. During the interview, the public welfare official, child psychologist and public prosecutor must be present with the police officer (preferably a woman police officer). A responsible person should present trusted by the child victim. The room should either have a one-way mirror or be videotaped to ensure safety during interview. If the victim or the witness has to identify a rapist, it should be through the one-way mirror or other methods where they do not have to face each other. Abused children should be protected from confronting perpetrators and being asked insensitive questions. If the room with the equipment is not ready, the police station must set aside a special room with tables and chairs for those who need to be present. In case the victim is above 15 years old, and there is not enough evidence to proceed to court, the police can negotiate compensation payment between the victim and the perpetrator. In addition, the police can also issue a written warning. However, all the negotiations must be agreed by the victim. Notice: The police have no right to threaten and force the victim to agree to the negotiations. Compensation Payments: In Compoundable rape cases, the victim can be offered a Compensation Payment. Accepting the payment will be considered to close the case. If she does not want to accept the payment, she can decide to continue her case. There is also compensation payable to victims of non-compoundable rape through the Compensation for the Victims of Crime Act. This is a benefit of processing the case through the Thai Justice system. All victims from the refugee camps, whether registered or not, can apply for and receive compensation payments. Any compensation payment must have receipts signed by the victim. In cases of compensation there is no expectation that there will be a lawyer present. But it is advisable to have a para-legal assistant, UNHCR or NGO staff present to support in the negotiations.

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The police do NOT have the right to suggest compensation in the following cases: (i.e. non-compoundable cases) 1) The rape victim is under 15 yrs old. 2) The rape victim is critically injured or dead. 3) There was more than one rapist. 4) Perpetrator had a gun or a bomb (or any kind of weapon). 5) The perpetrator is the father, grandfather or teacher of the victim. 6) The rape happened in a public place in view of others. 7) The rape victim was under the protection of the rapist at the time of the rape (e.g. prison warden, immigration officer). 8) The perpetrator is the guardian of the rape victim (e.g. a carer). Court case: A court case for rape can take between one and two years to complete. If the case is going to court, the victim will need to stay in Thailand for the duration of the court case. A request can be made to the court for the chance to provide advance testimony, if there is good reason (e.g. if she is going to resettle). If she is a refugee from the camp, she can stay in the refugee camp, during the process. The victims must be available and present for any appointment for the court case. Information about the Thai judicial process that refugee victims should know and be ready for: The victim will be interviewed by police, and public prosecutor in the Thai language. If there is no interpreter present, the victim can request an interpreter. The victim, police, interpreter and the victims companion will be in the same room during the interview. The victim can clarify the question with the companion, if she does not understand the interpreter. Some questions will be asked repeatedly by the police, and the victim should provide the same answer to that repeated question. It is the responsibility of the police to find out the facts, therefore the victim should not be afraid of it, but provide clear and true information. If the victim feels that she is tired and confused, she can ask for a short break. Before signing the statement (a record of the victims testimony) the victim should understand and agree that all the information written down in the form is true. If she thinks that the information is incorrect, she can ask the police to correct it, as needed, immediately.

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STEP EIGHT

The victim continues to go through the Thai Justice system. The police might need the victim to give more information in some way. UNHCR, IRC-LAC will support victim to provide the information to police and public prosecutor 8.1 Role of UNHCR, IRC/LAC 1) Follow up police and court actions, ensuring minimal delay and appropriate action. 2) Liaise between police and Womens Organization and camp committee. 3) In cases where compensation can be offered, IRC/LAC and UNHCR will accompany and advocate for the victim to the negotiations and support a fair and reasonable compensation. 4) Ensure that there is no corruption taking place in the proceedings of the case to the court. If corruption is found, UNCHR and IRC/LAC should report it to the related authority. 5) Report any mishandling of justice, coercion or threats and corruption according to the Thai Law. 6) Provide regular updates to the victim about her case. 7) Arrange for the victim to meet the public prosecutor. 8) Arrange for an appropriate translator who has experience of using the local language with pronunciation that the victim understands. 9) Ensure the safety and security of the victim at all times and co-operate with the Thai authorities to achieve this. 10) Co-ordinate with the Town SGBV Case Manager. 8.2 1) 2) 3) 4) 5) 6) 7) Role of NGOs (see Appendices 3 and 4) Provide on-going support and counseling for the victim whenever she is in town. Provide support for victims decisions. Ensure victim has a supportive environment. Provide support to carer of the victim. Assist the victim in getting regular updates about her case, if she requests. Arrange the needs of the victim (transporting, shelter, Food, and other), when she attends the court outside the camp. Co-ordinate with the Town SGBV Case Manager.

FOLLOW UP WITH THE THAI JUSTICE SYSTEM

8.3 Role of Camp Responsible Person 1) Sensitize the community to the needs of victims in SGBV cases. (e.g. If violence against women happens, show a good example, and do not blame or gossip about her. The victim did not choose to suffer the violence against her.) 2) Report any threats to the security of victim, and others, to UNHCR, or camp security, immediately. 3) Take responsibility for the security of the victim, witnesses, perpetrator and their families. 4) Assist the victim in getting regular updates about her case, if she requests. 8.4 Role of Thai Police 1) Investigate the case, collect evidence. 2) The appropriate translator who has the experience of using the local language that is understood, must be present when police interview anyone involved in the case.

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3) Before the accused perpetrator is arrested, police need to obtain a warrant and inform the camp responsible person about the the date they will come to camp to arrest the accused perpetrator. 4) Arrest the accused perpetrator. The police must have a warrant to be able to arrest someone. However, in some cases, if the police learn that a person is likely to commit a crime, or escape, or tamper with the evidence or cause harm to another, then the police can arrest the person without a warrant. 5) Follow the required procedure with the public prosecutor according to the justice system. 6) In cases where compensation can be offered, police mediate the negotiation. The police should not make the decision for the victim. 8.5 Role of Public Prosecutor 1) Explain court procedure to the victim. 2) Familiarize the victim with the courtroom and the roles of those present such as judge and court staff. 3) Explain all possible outcomes. 4) Be prepared for the victim to change her mind and decide to drop the case. However, in non-compoundable cases the Public Prosecutor can decide to continue the case even if the victim does not want to. 5) Arrange for the appropriate translator who has the experience of using the local language that is understood by everyone involved in the case. 6) Public Prosecutor must stand firmly for the victim. 8.6 1) 2) 3) Role of Womens Organizations and CBOs Advocate for the victim. Monitor the case that is referred to the Thai Justice. If the victim approaches central level of the Women's Organisation for support, then they will respond accordingly.

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GAPS / PROBLEMS
1) Witness or victim may be afraid to report to the Thai police. 2) Corruption may take place. The police may take money from the accused perpetrator or his family. 3) Lack of follow up on the part of the police, due to discrimination (gender, class, xenophobia). 4) Carrying compensation money is dangerous for refugees. Refugees have nowhere safe to keep money and cannot open bank accounts.

POSSIBLE RESPONSES
Inform witness or victim not to be afraid of the Thai police. It is the responsibility of police to protect and assist the case. The procedures of the Thai police should be closely monitored by UNHCR and IRC/LAC. UNHCR and NGOs play an active role in monitoring the follow-up and report any suspected case of corruption to the responsible person. UNHCR and NGOs play an active role in monitoring the follow up and report any cases of discrimination to the responsible person. Advocate for the right of refugees to open bank accounts, especially victims. Establish safe means for victims to receive, save and access compensation in full. NGOs should take responsibility to open bank accounts for the victim in order to receive the compensation with access to records of the funds. The perpetrator will send the compensation to the victim as agreed upon. (i.e. amount, time, etc ).

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STEP NINE

The victim waits in a safe place in her camp for news about when the court case will happen. She receives support and information from camp and town organizations.

AWAITING Notice: In this step, the public prosecutor will not do anything unless further evidence is needed by the judge. THE COURT CASE
9.1 1) 2) 3) 4) Role of Womens Organisation Provide on-going support and counseling. Provide support for victims decisions. Ensure victim has a supportive environment. Provide support to carer of victim.

9.2 Role of Camp Committee Responsible Person 1) Sensitize the community to the needs of victims in SGBV cases. (E.g. If violence against women happens, show a good example, and do not blame or gossip about her. The victim did not choose to suffer the violence against her. ) 2) Report any threats to the security of victim, and others, to UNHCR, IRC/LAC and camp security, immediately. 3) Take responsibility for the security of the victim, witnesses, perpetrator and their families. 4) Assist the victim in getting regular updates about her case, if she requests. 9.3 Role of UNHCR, IRC/ LAC 1) Follow up the case and provide updates regularly to all involved in the case. 2) Arrange for the appropriate translator who has the experience of using the local language that is understood by everyone involved in the case. 3) With consent of the victim, UNHCR/, IRC/LAC will update relevant individuals and organization on the progress of the case. 4) Provide support for the accused perpetrator and witnesses for both sides. 5) Ensure the safety of the victim and those involved in the case. 6) Co-ordinate with the Town SGBV Case Manager.

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GAPS / PROBLEMS
1) As more stakeholders become involved, communication and coordination between them may become more complex. 2) The wishes of the victim may not always be heard or respected.

POSSIBLE RESPONSES
Information sharing agreements should be discussed and agreed, especially between camp and town organizations. Organizations will share information about what they can or cannot do to support the victim, in order to avoid conflict and misunderstanding during the case. Each organization will fulfill their responsibilities as described. To avoid gaps, each organization will inform other organizations if they cannot fulfill any of their responsibilities. The Women's Organization, as the organization which is closest to the victim, is given the lead role in voicing the concerns and needs of the victim. Give training to all individuals and organisations in how to treat the victim with respect and to follow her decisions if possible. Joint efforts should be made by those organisations who can legally offer accommodation in towns to provide safe and private accommodation for the victim. (ie. NGOs, UNHCR, Thai NGOs, KRC).

3) Women's Organizations may not be able to provide safe accommodation in town. Refugee Women's Organisations do not provide Safe Houses in towns.

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STEP TEN

The victim attends the court for her case. She travels out of camp to the Thai court. She receives support from camp and town organizations. At the end of the court proceedings she will hear the verdict and judgement. 10.1 Role of Women's Organisations and Camp Committee Responsible Person 1) Inform NGO or UNHCR of practical needs of victim. (i.e. food, accommodation, clothes etc). 2) Provide moral support. 3) Document the outcome of the case in the case file. 4) In those cases where a compensation payment is agreed, liaise with UNHCR and IRC/LAC to ensure victim receives a compensation agreement and the actual payment. 5) Be available for the victim to access when needed for counseling, support or advocacy. 6) Discuss with the victim how the documentation about her case will be stored or used. 7) Obtain a copy of the judgment of the court for future reference and to be used as a precedent in future cases. 10.2 Role of UNHCR, IRC/LAC 1) Provide for practical needs of victim and /or witnesses and prepare the victim and the witness for providing testimony to the court. 2) Arrange transportation and the cost of transportation and the camp pass for victim etc. to go in and out of the camp. 3) Liaise with public prosecutor, women's organization and camp committee responsible person, Town SGBV Case Manager, with victim consent. 4) Arrange a translator and transportation for the translator. 5) Ensure that translator has the experience of using the local language. 6) If the victim is a person with a disability (eg. deaf, mute, blind and other) an appropriate interpreter must be arranged. 7) Start from the beginning until the case ends, accompany the victim to court and back to camp together. 8) In the case of compensation, make arrangements for the victim to receive compensation. 9) If the case involves a perpetrator who is sentenced and imprisoned as a result of the court hearing, IRC/LAC, UNHCR will coordinate to monitor the prison release date. When a prisoner is expected to be released, they will inform the victim and assist in minimizing any security concerns. 10) Write up a detailed report of the proceedings. 11) Inform the victim, her family and the perpetrators family about the outcome of the court case. 12) Inform the outcome of the court case to the camp committee responsible person and the Womens Organisation. 13) Discuss with the victim other possible actions if she is unsatisfied with the outcome. (e.g. How to appeal). 14) The appeal report can be submitted to the court within 30 days. 15) Take steps to ensure the long-term safety of the victim. 10.3 Role of Public Prosecutor 1) Represent the victim in court. 2) Explain proceedings to victim and companions. 3) Present the case for the prosecution.

10

ATTEND COURT AND COURT ISSUES JUDGEMENT

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10.4 Role of the Court 1) Record the testimony of the victim, accused perpetrator and all witnesses in court. 2) Consider all the evidence in the case according to Thai law. 3) Set up the date for the next court appointment. 4) Issue judgment and inform the victim of the judgment. 5) If found guilty, inform the perpetrator of his punishment and give instructions to carry out the punishment. If found innocent, give instructions to release the accused. Note to keep in mind for Responsible Persons. Whether the judgment finds that the perpetrator is guilty or not, it is necessary to ensure the safety of the victim and her family. Because the perpetrator may have family members, friends and others who may not be satisfied with the decision that is made and may harm the victim's family. If the perpetrator is found guilty but the judgment is light, there is still concern for the safety of the victim and her family. Take steps to ensure the long-term safety of the victim.

GAPS / PROBLEMS
1) Few women from the womens organizations, CBOs, NGOs can go to court and support the victim because they dont have Thai language skills or legal status. 2) It is difficult for unregistered, new arrivals or PAB refugees to access Thai justice system. 3) Judgments do not always adequately respond to the crime.

POSSIBLE RESPONSES
Prepare and arrange the interpreter who has local language skills and accent for the victim, as needed. Be sure the town SGBV case manager is well trained and available to play this role if the victim wishes her to do so. UNHCR should advocate for safe temporary shelter in the town during the court case for unregistered, new arrival, PAB victims. Advocate for re-activating the registration of refugees and PAB systems. If the victim is not satisfied with the result of the court, the victim can appeal to the court within 30 days.

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APPENDIX ONE: Legal Information Related to SGBV

Information about Justice Systems in Thailand and Camp: The victim should be informed fully about the options under the Camp justice system and Thai Justice system, including the process and possible outcomes, in order for the victim to make good decisions. There are 2 sections in this appendix: 1) Camp Rules and Regulations regarding SGBV(KRC Rules and Regulations) 2) Thai Justice System Regarding SGBV The victim should be informed that she can report to camp or to Thai justice systems to access justice for her case. The following types of rape are considered Absolute Jurisdiction or non-compoundable offences and should only be considered under Thai law: a) When the victim is under 15 years old b) When the victim is critically injured or dead c) When there was more than one perpetrator of rape d) When the victim was threatened with the use of any type of gun or explosive e) When the perpetrator is someone responsible for the care of the victim, for example his or her parent, grandparent, guardian or teacher f) When the rape took place in a public place in view of others g) When the victim was under the protection of the perpetrator at the time of the rape, for example prison or immigration officer The following crimes that might be related to SGBV incidents are also considered Absolute Jurisdiction offences to be solved only in Thai Justice: a) Murder b) Human trafficking c) Assault with Grievous Bodily Harm d) Sexual Offences Against Children ! If the perpetrator is a staff member or employed by UNHCR, or an NGO, it a case of SAE (Sexual Abuse and Exploitation). UNHCR and all CCSDPT members have policies which forbid this. Report the case to Complaints Mechanisms with CCSDPT, TBC, or UNHCR.

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1) Camp Rules and Regulations Regarding SGBV

The information here is especially for people in the camp governance structures and anyone with power or duty in the camp justice system, and it is for the victims of SGBV. We provide some advice and information about what will happen if the victim decides to report her case to the camp justice system. We hope everyone involved in the case will be better informed about the justice needs and procedures. Unfortunately a lot of important information about the Camp Rules and Regulations regarding SGBV was not available.

" Outline of Camp Justice Procedure in SGBV cases:

The following steps are what usually happens for an SGBV case in most camps. 1. An incident is reported to Section Level. This means to the Section Leader. Sometimes the victim might report directly to the camp level. In that case, if the case is considered not very serious, it is referred back to Section Level, to the Section Leader. 2. The Section Leader and some of his section committee and staff will deal with the case. If requested by the Section Leader they will interview, gather information, discuss with all involved. At Section level they will come to an agreement of some kind between the victim and accused perpetrator. 3. If the case is too serious or complicated for Section level, or if no agreement can be reached, then the Section Leader will refer the case up to Camp Level. 4. The case will go to Camp Level Social Welfare In-Charge, first. If it is necessary, the case will then be referred to the Camp Justice level. This means it will be handled by the camp justice position-holders. 5. Camp Social Welfare or Camp Justice will deal with the case. 6. If the case is serious, and/or the victim chooses to do so, the case may be referred to Thai Justice. 7. Sometimes the Thai Justice do not, or can not, take on the case and so they refer it back to Camp Justice.

" Information for the Victim

The victim of SGBV cases may report her case to Section Level or to Camp Level. If she is not satisfied, she can take her case up to another level. At any time she can stop her case if she wants to. If the case is serious, it should not be handled only at Section level. She may report to section level, but the case should then be referred up to camp level. The Womens Organisation SGBV Case Manager can give advice, information and support throughout the whole justice process. Other organisations also can provide advice and information. (see list in Appendix 3). She can report her case to the Thai Justice system also. The town-based SGBV Case Manager can give advice, information and support while the victim is in the town.

" Special Request to Section and Camp level Responsible people: (Leaders, Security)
A victim of SGBV will be upset and afraid if she reports her case to Camp Justice or Thai Justice. She might feel unable and unwilling to assist in your investigation or discussions. People in positions of responsibility in the camp justice system (e.g. Section Leaders, Social Welfare in charge, Security) have an important role to help the victim feel confident and safe. She will feel stronger and can co-operate better with you. It is very important that you deal with her case with kindness and that you do not show that you blame her for this crime that she is a victim of.

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" Differences from camp to camp

The Camp Committees, and the way they have organized their camp justice system, is a little different in each of the 7 camps. It depends on the resources available to the camp committees. It depends on the KRC camp rules and how they are implemented. It depends on the skill and knowledge of the members of camp committees, and security and justice staff. It depends on relationships with the local Thai authorities. And it depends on what UNHCR and IRC/LAC are able to do.

" Overview of Current Camp Justice System

Since 2005 the camp justice system has been under review by KRC and IRC/LAC, with the collaboration of UNHCR. As we take this revised ARM to print in December 2013 the process of reviewing the camp justice is not completed. As a result, the Camp rules and regulations are not yet in place that would make a clear, full, standardized camp justice system in the 7 Karen refugee camps. This situation creates many problems for the community members and for camp governance structures to provide access to fair justice in SGBV cases. A new framework for the Camp Justice system is currently being proposed by KRC and IRC/LAC. It will be piloted in Mae La camp by KRC and IRC/LAC for 6 months (from January to June 2014). The intention is then to apply this framework in all 7 camps in future. The framework has 3 main parts. Each part also has one document that describes it. 1. MDRG (Mediation and Dispute Resolution Guidelines) 2. KRC 39 Rules (Karen Refugee Committee, February, 2011 version) 3. Absolute Jurisdiction Cases (for referral to the Thai Justice system) In addition to the above 3 parts, there is also The Guidelines for Detention Practices. This is a 4th document which explains how to detain the accused person in camp. All of the 4 documents are available from KRC or IRC/LAC in Karen or Burmese or English.

" If the Accused Perpetrator is a staff member of NGO, UNHCR, CBO, or camp governance structure.
All organisations and structures involved in the refugee camps have got Codes of Conduct which give guidelines and policies to their staff about how they may and may not behave. All staff of NGOs, UNHCR, KRC, CCSDPT have duties to protect refugees and may not commit an act of SGBV. If they do it, there will be serious consequences for that person. All of these organisations and structures have Complaints Mechanisms so that a victim or other person, can make a complaint to report a case. You can complain by writing, or speaking. All the organisations have a duty to investigate all complaints and to take action.

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" IRC/LACs role in Camp Justice:

Some camps have got IRC Legal Assistance Centres (LAC) present in the camp and some camps have not. When IRC/LAC is in the camp, they play a role in the camp justice so it affects how the camp justice runs. IRC/LAC staff offer legal advice to victims or perpetrators or accused. They can give advice about Camp Justice and Thai Justice. In December 2013, the 3 camps where IRC/LAC works are: Mae La (since 2005), Umpiem Mai (since 2011) No Poe (since 2011) The 4 camps without IRC/LAC are Mae Ra Ma Lang, Mae La Oon, Htam Hin, and Ban Don Yang. IRC/LAC also work in the 2 Karenni refugee camps (Site 1 and Site 2).

2) Thai Justice System Regarding SGBV

Under Thai law, all people on Thai soil have the right to access Thai justice. The steps of going through the Thai criminal justice system are as follows: 1. Making a complaint at the police station The first step is to make a complaint about what has happened at the police station. UNHCR or IRC/LAC will assist the victim in making the complaint and accompany her to the police station. The complaint can be made within three months of the incident, except for non-compoundable offences, for which there is no time limit to complain. (please see Criminal Code, section 95). It is better that the complaint is made as soon as possible after the incident so that the police can collect evidence and contact potential witnesses to interview. Good evidence makes it more likely that the police will be able to arrest and prosecute the perpetrator. The victim may have to go to a public hospital for a physical examination, and to collect evidence. The clothes worn during the incident, or other objects which the perpetrator came into contact with, or left behind at the scene of the crime, may also provide evidence, and should be given to the police. Children must be accompanied by a parent or guardian when making a complaint to the police. 2. The Police Investigation After the complaint is filed, the police will begin an investigation into the case. The police can interview anyone who may have information about the case. The police will probably ask where, when and how the incident happened. The victim may be asked to re-enact the incident in the place where it occurred. It is important to give as many details about the incident as possible. Accurate and detailed information will help the police to find and arrest the perpetrator. In order to make the arrest, the police must have serious reasons and enough evidence to consider that the person has committed the crime. If the perpetrator is arrested, he may be released on bail until a judgment is issued if he gives money or property as a guarantee that he will not flee. This does not happen in every case, as the court must be convinced that the accused perpetrator will not flee but will remain in the camp or in his village and attend court hearings in the future.

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Children who are victims or witnesses of sexual violence are specially protected. If the police ask a child to identify a person involved in an incident, that person will not be able to see or hear the child. A psychologist or social worker will be present at the interview to make sure the child is not scared and is treated properly. The child can also have a parent or guardian present or anyone they trust. The police must video-record their interview with the child, which ensures that the child will be well-treated. The video can also be used as evidence, so that the child will not have to face repeated questioning. 3. Consideration by the Public Prosecutor When the police complete the investigation, they will submit a report to the Thai public prosecutor. The prosecutor decides whether there is enough evidence for the case to continue to the next phase, which is a court trial. If so, he or she will be appointed as the representative of the victim and argue against the perpetrator accused of the crime. The public prosecutor might decide that the police need to find out more information about the crime before the case can go to court. This may cause delay in the process. 4. Compensation If the public prosecutor decides there is not enough evidence, the case may not go to court. In this situation, it is possible for a negotiation to be arranged by the police to agree a compensation payment between the victim and the perpetrator. All these negotiations should have victim consent. There is also compensation payable to victims of non-compoundable rape through the Compensation for the Victims of Crime Act in Thai Law. This is a benefit of processing the case through the Thai Justice system. 5. The Court Trial The trial itself will not have a time limit, but the law says that trials must be both quick and fair. At the trial, the public prosecutor, who is appointed as the victims lawyer, will argue that the perpetrator accused of the crime is guilty by presenting evidence and witnesses to judges. The victim may also be asked to tell her story. She may also have to answer questions from a lawyer working on behalf of the perpetrator accused of the crime. Some questions may feel difficult or embarrassing to answer but the victim should be prepared to answer all relevant questions as the answers will be important for the court to decide on the case. A trial cannot be held unless the person accused of the crime is present in the room. So, where the perpetrator is missing or unknown, a case will not reach the stage of a court trial. Children are given special protection at a court trial. They do not have to see the person who hurt them or answer questions that are asked in an angry manner, or put pressure on them. The child will be in another room with a person who is trained to care for children and who will not frighten or pressure them. Lawyers must ask the child questions through that person. The childs answers will be transmitted to the court room through a video camera. If either the victim or the perpetrator are not satisfied with the judgment or sentence of the court, they may ask a higher Court of Appeals to review it within 30 days of the judgment.

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Other points of Thai Law Mediation Mediation facilitated by the Prosecutors Office is another option if the victim does not want to go to court. The following are requirements for mediation: 1) The perpetrator must admit that he is guilty. 2) The victim and perpetrator must both agree to the mediation. 3) The offence must not be non-compoundable. If these conditions are met, the Prosecutors Office can attempt to reach an agreement between the victim and perpetrator, for example compensation to be paid to the victim. Mediation is considered a civil, not criminal, procedure. UNHCR or IRC/ LAC will facilitate referral to the Prosecutors Office for mediation. Abortion (termination of pregnancy) An abortion can be performed in Thailand when a pregnancy is the result of rape. A hospital will require a police record and referral from the police, or court decision, which confirms that the pregnancy is the result of rape. In order to receive a referral for abortion, the victim must report the incident to the police. It is not guaranteed that she will receive a referral for an abortion, even if she files a complaint with the police. If the perpetrator is unidentified, or his whereabouts are unknown, the police have the discretion to refer the victim to the hospital for an abortion, if they are satisfied following investigation that the pregnancy is the result of rape. If the perpetrator admits his guilt, the police can also refer the victim to the hospital for an abortion. If the alleged perpetrator does not admit his guilt, the case must go to court to determine that the rape occurred. If the court finds the perpetrator guilty, a referral can be made to the hospital for an abortion. Under the Medical Council Regulations of Thailand, an abortion can only be performed within three months of becoming pregnant. Having an abortion can be very difficult, given the time that it can take for a case to go through the court process. In addition, the service is not available in all hospitals. Definitions and Punishments under Thai law The following acts of SGBV are considered serious crimes under the Thai Criminal Code. The legal of definition of rape is the penetration of the vagina, anus or mouth of a person using a sexual organ, and penetration of the vagina or anus using an object, without the consent of that person. In simple words, it means to have sexual intercourse without consent. Rape can also mean having sexual intercourse with consent, but with a person who is not a competent adult, like a child under 15 or someone who is mentally disabled. Punishment for rape ranges from 4 to 20 years and from 8,000 to 40,000 Thai Baht in fines. When rape is committed by threat or use of any type of gun or explosive or committed by more than one person (gang rape), the punishment is between 15 and 20 years with a fine between 30,000 and 40,000 Thai baht. Alternatively, life imprisonment can be imposed with no fine. Source: section 276 of the Thai Criminal Code

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Sexual intercourse with a child who is not yet over 15 years, and is not the spouse of the adult who commits the act, is considered a crime under Thai law and is punishable with imprisonment between 4 and 20 years and a fine between 8,000 and 40,000 Thai baht. If the child involved is not over 13 years old, the punishment is between 7 and 20 years and a fine between 14,000 and 40,000 Thai baht. Alternatively, life imprisonment can be imposed without a fine. If the offence is committed by more than one person (gang rape) without the childs consent, or by threat of a gun, explosive, or weapon, the punishment is life imprisonment. When an offender has sexual intercourse with a child under 15 years old but over 13 years old, with the consent of the child, and the court later gives them permission to marry (if the offender is under 18 years old), the offender shall not be punished. If the offender is already serving a punishment for this offence when the marriage is permitted, the sentence should be suspended. So, if the offender has already been imprisoned, he shall be released. Source: section 277 of the Thai Criminal Code When rape or sexual intercourse with a child under 15 years old results in grievous bodily harm, the punishment is between 15 and 20 years with a fine between 30,000 and 40,000 Thai baht. Alternatively, life imprisonment can be imposed with no fine. When rape or sexual intercourse with a child under 15 years old results in death, the punishment is life imprisonment or death. Source: section 277 (bis) of the Thai Criminal Code When rape or sexual intercourse with a child under 15 years old results in grievous bodily harm, and is committed by threat or use of any type of gun or explosive or committed by more than one person (gang rape), the punishment is life imprisonment or death. When rape or sexual intercourse with a child under 15 years old results in death, and is committed by threat or use of any type of gun or explosive or committed by more than one person (gang rape), the punishment is death. Source: section 277 (ter) of the Thai Criminal Code Indecent act means touching someone in a sexual way using force or without their consent. Doing this is a crime and trying to do this is also a crime. Punishment for an indecent act is up to 10 years in prison and/or a 20,000 Thai baht fine. An indecent act against a child under 15 years old will get the same punishment, even if the child consents to the act. If the child does not consent to the act, the punishment is up to 15 years imprisonment and/or a 30,000 Thai baht fine. Source: section 278 and 279 of the Thai Criminal Code Where an indecent act results in grievous bodily harm, the punishment is 5 to 20 years in prison, and a 10,000 to 40,000 Thai baht fine. Where an indecent act results in death, the punishment is life imprisonment or death. Source: section 280 of the Thai Criminal Code Physical assault means beating, punching, kicking or maiming. A husband who beats his wife is committing this crime. Punishment is up to 2 years in jail and/or 4,000 Thai baht fine. Assault resulting in serious harm is punishable by between 6 months and 10 years in prison. Source: sections 295, 297

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Human trafficking is the recruitment, transportation, harboring, or receipt of people for the purpose of exploitation, which includes forcing people into prostitution or other forms of sexual exploitation. The punishment is between 5 and 20 years in prison and a fine between 10,000 and 40,000 Thai baht. If the victim is between 15 and 18 years old, the punishment is between 7 and 20 years in prison, and a fine between 14,000 and 40,000 Thai baht. Alternatively life imprisonment can be imposed without a fine. If the victim is under 15 years old, the punishment is between 10 and 20 years in prison, and a fine between 20,000 and 40,000 Thai baht. Alternatively the sentence could be life imprisonment without a fine, or death. Human trafficking is also a criminal offence where the victim consents, if the victim is below 15 years old. This is punishable by between one and 10 years in prison and a fine between 2,000 and 20,000 Thai baht. If the victim is between 15 and 18 years old, the punishment is between 3 and 15 years in prison and a fine between 10,000 and 40,000 Thai baht. Source: section 282 and 283 Thai Criminal Code Where any of the offences listed above is committed by someone responsible for the persons care, such as the parent, teacher, guardian or tutor of the victim, the punishments described above will be increased by one third Source: section 285 of the Thai Criminal Code An attempt to commit any of the above offences is also a crime, and is punishable by two thirds of the punishment for committing the offence itself. Source: section 80 of the Thai Criminal Code An abortion performed by a medical practitioner is legal in Thailand when the pregnancy being terminated is the result of rape, an indecent act, or trafficking. Source: section 305 of the Thai Criminal Code Domestic Violence Victim Protection Act, B.E. 2550 (2007) Domestic violence means any act committed with an intention to cause physical or mental harm, or ill health or an act committed intentionally in a manner that may cause physical or mental harm or ill heath of, a family member or any coercion or undue influence conducted with a view to make a family member do something, refrain from doing something or accept any illegal act, but not including an act committed through negligence. Family member means a spouse or ex-spouse, a person who cohabits or used to cohabit as husband and wife without marriage registration, child, adopted child, member of family, including the persons who live mutually in the same household. Whoever conducts any act which is domestic violence is said to commit a domestic violence offense and shall be liable to imprisonment for a term of not exceeding six months or to a fine of not exceeding 6,000 Baht or to both.

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Legal Information Regarding Accused Perpetrators

At the camp level, an accused perpetrator may be detained temporarily by camp security for the safety of the victim, family or witnesses. He may also be detained following camp based justice processes. If a case is reported to the Thai police, they will conduct an investigation, and if there is serious reason to believe that he has committed a crime, the police will issue a warrant for the arrest of the perpetrator. If the perpetrator is arrested, he may be released on bail until a judgment is issued if he gives money or property as a guarantee that he will not flee. This does not happen in every case, as the court must be convinced that the alleged perpetrator will not flee but remain in the camp or in his village and will attend court hearings in the future. If not released on bail, the accused perpetrator will remain in Thai police detention until a judgment is issued. If the accused perpetrator claims to be not guilty, all available evidence will be presented in court, and the judge will make a decision about whether he is guilty or not. If the accused perpetrator confesses that he is guilty, the case will be sent to court for sentencing only. The accused perpetrator has the right to a courtappointed lawyer to defend him. UNHCR and IRC/LAC will facilitate access to the rights of accused perpetrators under the Thai justice system. UNHCR, IRC-LAC will provide legal information and legal counseling to the accused to ensure he is treated fairly and according to his rights, whether in camp or Thai justice system.

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APPENDIX TWO: Health Overview Related to Rape, Sexual Assault, and other cases of SGBV

Health Overview Related to SGBV

This Health appendix is especially for camp-based health workers. It provides useful advice and information about how to provide care to any victim of SGBV, but with special focus on victims of rape. All people involved in caring for victims of SGBV, and the victims themselves can read this appendix and they will be better informed about the health needs and procedures.

SPECIAL NOTE: Sexual assault is a violent crime so the first step for you is to make sure you, the victim, and others involved are safe from the attacker(s).
As a health worker you must deal with any immediate life threatening injuries straight away, just as you would with any other patient who comes to the camp hospital. Note on gathering evidence for a Justice response: Most of the evidence of an attack will disappear or become useless in a court if it is not collected within 3 days of the assault (72 hours). All victims of sexual violence who come to the camp hospital within 72 hours of the attack should be informed that evidence can be collected and then she can decide later if she wants to take her case to the Thai legal system. The Thai legal system only accepts evidence and reports collected by Thai government hospitals so the victim will need to have a referral from the camp hospital and be supported to travel to the hospital. However, in practice, camp hospital doctors/medics are called as witnesses and documentation from camp has been used as evidence in Thai courts. Therefore the following guidelines may offer assistance to camp hospital staff in caring for victims of sexual violence.

SPECIAL NOTE: It is not the health workers responsibility to decide if, or why, the victim was raped or not, but to document her injuries and the story she tells you and then to provide treatment. If a victim comes to hospital and reports a rape or other SGBV, it is not the medics role to judge if it really happened or not. It is your role only to give care and treatment.

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Camp Hospital Procedures In case of Immediate Referral to a Thai hospital If immediate referral to a Thai hospital is possible, and/or the victim chooses it, you must deal first with any urgent medical care in camp. If the victim is not in need of urgent medical care then: Examination and interview in the camp hospital is not necessary. It will be done in the Thai hospital. Leave her clothes on if possible (if she has changed her clothes already, then collect the clothes the victim wore in the attack and put them in a paper bag according to guidelines further down). If there has been oral rape or injuries, then if possible the victim should not eat or drink until specimens have been collected. She may urinate if necessary but should first press her underpants to the vulva and anus, and not wipe with tissue paper afterwards. She should try to avoid defecation if there has been anal rape. If the patient must defecate, ask her to press her underpants to the anus first. Her underwear should be collected for evidence as described below. Advise the victim not to shower before the examination as evidence may be lost. If not possible, ask her not to wash areas involved in the assault, e.g. genital area. ***If referring the victim to the Thai hospital, at any time, prepare referral (with any treatment given and camp documentation) for the Thai hospital in a confidential envelope.

SPECIAL NOTE: Child Victims of SGBV. If the victim is a child, for all procedures, follow your health agencys protocols for cases of possible sexual abuse of children. Children need special care and treatment.
1) Preparation for Examination In camp hospital the materials and working conditions you will need are: Item 1. Private room with examination bed 11. 2. Female medic /health worker 12. 3. Support person if needed and chosen by the victim 13. 4. Good light 14. 5. Gloves 15.

Item Blood collection equipment (for liver, enzymes, Syphilis, Hep B, HIV.) Pregnancy test Treatment medicines as listed below, readily available. Sheets of newsprint (large paper) Paper bags or paper envelopes. Not plastic. To contain evidence like clothing. (Plastic is not good because it encourages mould to grow and might destroy evidence.) 6. Mask 16. Tape to seal paper bag/envelope. 7. Gown and clean clothes for the victim (if necessary) 17. Tape measure 8. Sterile scissors 18. Pen and writing paper 9. Sterile water 19. Body Map Pictogram (available from your health agency, or KWO). To show where injuries are located on the victims body. 10. Sterile plastic bottles 20. Camera if you have one. **Note: It is a good idea for the camp hospital to have the materials already prepared as a Kit.

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Control and consent Speak calmly with a respectful attitude and be quite professional. The victim has been in an extreme and frightening situation. Now she needs to be with people who are not frightened or excited by what has happened to her. Be organized with your room and equipment so that you do not need to leave the room to get something you have forgotten. And so that you do not make mistakes and have to repeat procedures. During the attack the victim had all power and control over her body taken away from her. It is vital that she is now given complete ownership of her body in the health care process. You must explain every step of the process in a language she understands. It is important the victim understands what options she has and is allowed to make her own decisions. She needs time to think and to choose. You need to get her consent for any procedure and you must understand that she can refuse, or change her mind or stop at anytime. These explanations and permission to keep going must be repeated step by step. Health workers need to feel sure the victim is not under pressure from others to consent or not consent. Control and consent over what happens applies equally where the victim is a child, has an intellectual disability, psychiatric illness or has been drugged. In those circumstances parents, family etc can help, guide and provide consent as long as they are not implicated in the assault or denying the assault.

SPECIAL NOTE: Do not hurry. Give time. If there is no life threatening injury, this is not an emergency that needs to be rushed.
2) Taking Patient History Record everything. The more exact you are with how you record everything the better for the victim and also the less chance you will need to go to court in person. Record all statements in the victims own words (eg. He pushed his penis into my mouth.) Get victim consent: you must help the victim understand that you need information to ensure her health care and to collect evidence. If the victim consents to be asked questions, to be documented, and for that information to be kept confidential, then you can Take her name, age, date of birth and a brief medical history as you would for other people coming to the hospital so that you get an understanding of their general health, major health problems in the past and allows you and the victim to talk and feel comfortable with each other before the more difficult questions need to be asked. Talking about sexual violence in detail is extremely difficult and upsetting for all victims. It is human nature for you to want to know the whole story but as health workers/medics we need to be professional and only ask for the information we really need to give good health care. So it means you do not need to find out about everything that happened to her. Dont ask unnecessary questions. Only ask for details about the assault that will guide your examination and clinical care. Let the victim guide how slow or fast the history taking goes and how many breaks she needs.

SPECIAL NOTE: There is usually never any need for a health worker to ask victims questions that begin with Why? How? Who?
The 3 main things you need to know: 1) When did the attack happen? : to decide whether there is still time for evidence collection; for accurate testing, treatment and follow up of STIs HIV Hep B, pregnancy; timing of possible late onset complications if the attack involved near drowning, strangulation, inhaling vomit etc 2) Exactly what happened physically and where on your body? : to decide where to look for injuries/evidence and what you may see; to plan the exam so you do not force her to copy the assault that she suffered e.g. do not ask her to lie in the same position she was raped in; strangulation, near drowning, drugs can all become life threatening well after the initial attack. This may be very difficult for her so she needs to know why you need so much detail about the attack. Also be aware that she may choose not to tell you details that she finds too shameful e.g. anal rape, especially during the first conversation. Go back to any questions you felt she struggled with later. Let her use the Body Map Pictogram, or other pictures, to point if talking is too hard.

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3) After the attack has she: been to the toilet? : if she was raped vaginally or anally, then passing stools or urine might have removed some evidence. had anything to eat or drink? : if she was raped orally, intake of food or drink might have removed some evidence. taken any medication? : this may affect blood tests and her decision making ability. So make a record of when and what she has taken. showered or washed? : this might have removed some evidence. changed or taken off any of her clothes? : clothes can contain important evidence. If she changed or removed some clothing it needs to be collected if possible. (See guidelines below for collecting clothing.) Write down how the victim appears to you. Describe what you see, instead of using labels. e.g. She is pale, staring at the floor and trembling than She was in shock which is not so clear. If she has not changed her clothes since the assault describe what she is wearing including underclothes and noting any stains, holes, tearing or missing clothing she reports.

SPECIAL NOTE: Finding no physical signs of rape or sexual assault is normal. A lack of physical signs does not mean the assault took place or not. Sexual assaults, including rape, usually do not result in any visible injuries or signs of violence.
How to remove victims clothes to collect evidence: If clothing must be taken off the victim (if she decides, or if she is staying in the camp, or if you need to do a physical exam) then: If the assault took place outdoors ask the victim to stand on a sheet of newsprint paper to undress so that any evidence (e.g. dirt or leaves) can be collected on the paper. After you have dealt with all her clothing (see below), the sheet of newsprint should be folded up carefully and sealed in a paper bag and labeled. Try to remove clothing without further damage or ripping If clothing needs to be cut, use sterile scissors and write down what you cut, and where you cut it. Put each item in a separate paper bag. Give the victim a clean gown or clothing to wear. The bags containing the clothing should be sealed and labeled with a description, e.g. blue panties. Then be sure to list all the clothing collected, or not collected or missing, in your report.

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3) Conducting the Examination a) Introduction: Explain each step of the examination as you go and ask for permission from the victim.. She needs to know what you will do, why, and to understand and consent to anything that you want her to do. If you havent already done so record the pulse, blood pressure, respiration and temperature (vital signs). Take action if vital signs are abnormal e.g. low blood pressure can indicate bleeding. If vital signs are normal, start examination. b) Recording the examination: You need to make a good record of the results of the examination. In a written report and by using the Body Map Pictogram. Any abnormality or injury found that does NOT need urgent treatment needs to be fully described (a photograph is best if a camera is available.) Record a number on the Body Map Pictogram where the injury was found, and then describe it in your written report, using the same number as a reference. Where is the injury in relation to other parts of the body e.g. above left ear, below right breast. Size measured with tape. Shape use easily identifiable shapes, e.g. round, oval, linear (or draw it). Features of the skin around it, e.g. swollen, red. Colour e.g. red, purple, blue. Direction e.g. cross or parallel bruising. Abrasions or tears in the skin note the direction they face. Foreign debris Inflammation, healing Fluid/blood, e.g. bright red, dark red, serous (watery nature), dried. In dark-skinned people bruising can be difficult to see so it is important to record any warm areas, swelling and reports of soreness or pain. c) Step-by-step examination: Put on a mask and clean gloves so you do not contaminate any evidence. Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Steps for examination of patient in cases of rape or other sexual assault. Begin by looking at the patients hands; this is least threatening. Inspect both sides of both hands for injuries including the wrists for signs of being tied up etc. Inspect the arms for bruising, abrasions, lacerations or incised wounds. Any needle puncture sites should be noted. Inspect the face. Bruising around the eye can be hard to see. Look in the nose for signs of bleeding. Gentle palpation of jaw and around the eyes margins may reveal tenderness indicating bruising. The mouth should be inspected carefully for bruises and injury especially if she reported oral penetration. (forensic evidence would include a swab and collecting oral rinse). Look for small red/purple spots (petechial bruising) on the face, eyes, and behind ears from being strangled (see more on this below) Look at the ears outside and inner. Gently feel the scalp to reveal tenderness and swelling. Check for hair loss from hair pulling during the assault or significant loose hair.

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Step 7

Bruising on the neck can indicate a life-threatening assault. Bruising may be seen in the shape of necklaces and other items of jewellery on the ears and on the neck. Bites and sucking bruises may be seen around the neck. Step 8 The breasts and trunk should be examined with as much dignity and privacy as possible. It is best to start with looking at the back. It is possible to expose only that area that is being examined; for example, the gown may be taken aside on the right side of the back and then the left side of the back. There may be abrasions on the back from being dragged. The shoulders should be separately viewed. If sitting up the gown can be taken down to the upper breast level just exposing the upper chest on the right and left and then each breast can be examined in turn. Breasts are frequently a target of assault and are often bitten and so may reveal evidence of suction bruises or injuries. Step 9 Check the abdomen for injuries and bruising. Feel the abdomen to make sure there are no internal injuries. Step 10 With the patient lying down check both legs. Inner thighs are often the target of fingertip size bruises or other trauma (caused by the attackers knees). The bruises are often the same on both thighs. There may be injuries to the knees as consequence of the victim being forced to the ground. Step 11 Ask the victim to stand to check the back of the legs and bottom (buttocks). Step 12 Lastly, check the genital area and anus. There are many positions which allow you to check the victims anus and genitals. You need to talk with the victim and decide on the least distressing way for her. Look carefully at the anus and perineum for signs of lubricant, staining, fissures, bruising, swelling, lacerations, abrasions. Ask if there has been painful bowel motions, constipation, or bleeding from rectum since assault. Most common injuries are tears, abrasions, bruising and swelling. There may also be injuries in the rectum but they will need specialist investigation. The examination of the genital area should be just taking a look, not touching. Unless you are collecting proper forensic swabs as evidence or you have reason to think there is an urgent injury, there may be no need to examine internally. Describe the genital area and any injuries. Describe the location of any injuries. d) Evidence Collection Even though the reporting and collecting done at Camp hospital is not usually admissible in a Thai court, you still need to manage any evidence you collect properly. Sometimes it will be accepted or be useful in some way. Any urine or blood you collect must be put in the appropriate container. Use swabs damp with sterile saline (for semen, saliva, blood) and use tweezers to collect hair, fibers, grass and soil. For clothing follow the guidelines on previous page. Clothes and larger dry items must be collected in paper bags / envelopes. NOT plastic. Each bag or container must be sealed up and labeled with: Name of patient, time and date. Corresponding Body Map Pictogram number (to indicate site of specimen collected). Reason it was collected. Your name and signature.

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During the examination also check for: Near drowning, or inhaling vomit/saliva during attack Any victim who reports that she was under water or breathed in fluids can develop serious breathing problems up to 24 hours after the event. She needs to be watched for tiredness, coughing, paleness and trouble with breathing. If these symptoms begin she needs oxygen and transport to a Thai hospital urgently. Strangulation / choking If a victim reports she was strangled or choked during the attack it can still be a dangerous situation. Ask all sexual violence victims about strangulation especially if the attacker was her partner. The most dangerous attacks that can cause emergency health problems for the victim up to 36 hours after the attack usually have one or more of these factors: Use of a cord or rope or something to tie up the victim. Loss of consciousness. Trouble swallowing. Voice change. Loss of bladder or bowel control. Check for and note down: Shortness of breath, stridor or hoarse voice Tender laryngeal/cricopharyngeal cartilage Crackles under the skin (subcutaneous emphysema) Loss of laryngeal crepitus (normal clicking sensation felt when moving the laryngeal cartilage sideways). No clicking can mean there is swelling between the laryngeal cartilage and vocal cords Small red/purple spots on face, eye and roof of mouth Restlessness or irritation could mean hypoxia or brain injury (from lack of oxygen) Send patient to Thai hospital if: Any voice change or loss of consciousness Is irritable and you suspect hypoxic brain injury A lot of external bruising and/or tenderness Loss of laryngeal crepitus If there are no immediate signs, you will need to wait at least 6 hours after the strangulation before you can decide that she does not need to go to a hospital.

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4) Prescribing Treatment: STI prophylaxis: Take bloods for baseline STIs, HIV, Hep B Offer STI prevention treatment. (Anti-biotics) HIV post exposure prophylaxis (PEP) usually taken for 30 days If history of assault suggests risk of HIV exposure. Pregnancy prevention: If the victim is of childbearing age, and not using contraception, then offer emergency contraception pill (ECP). Single dose of two tablets immediately. These can be taken up to 5 days after the rape. Tetanus: If there are any breaks in the skin, the victim should be vaccinated unless she already has been vaccinated previously whenever she reports to the camp hospital. Hepatitis B: Vaccination if the victim has not had Hep B vaccination previously no matter when she reports to the camp hospital.

SPECIAL NOTE: After 120 hours (5 days) the ECP is not effective. If a victim comes to the clinic later than this time period and she is worried about pregnancy, follow up with a pregnancy test. In Thai law, if a victim is pregnant due to rape, she has the right to an abortion.
5) Prepare a Medical Certificate Prepare a medical certificate with all relevant records, results of tests, Body Map Pictogram. If the victim consents, some of the information may be needed also if the victim goes to camp or Thai justice. Keep a full copy in a locked file cabinet in a confidential envelope for your records. If referring to a Thai hospital, prepare the referral and attach all relevant documents and/or evidence include: Name and signature of medic. The name of the victim. Exact date and time of examination. Victims story in her own words. Findings of the examination.

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6) Follow-up In all cases when the examination is finished, give the victim information and options about the follow-up clinical care. When doing follow-up, be gentle but thorough. Ask about and check: o Mood and any current problems o Physical complaints o Injuries o Contraception/pregnancy, STIs o Medications o Social: family, relationships, housing. o Coping. Assess the emotional wellbeing of the victim: She may have: o Super alertness: anxiety, irritability, insomnia, poor concentration. o Intrusions: flashbacks, difficulty recalling stressful events, nightmares. o Avoidance: reminders, detachment, numbness (inability to feel emotion), diminished interest in activities. Offer reassurance and refer to other services if you, or the patient, is concerned.

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At the Thai Hospital When a victim is referred to the Thai hospital: The Thai hospital will do a similar check to the one described above. But a Thai hospital can also check for internal injuries. The Thai hospital can swab for sperm and seminal fluid. The presence of sperm can be checked with a prostatic acid phosophatase test. The Thai hospital will take other samples that will be stored by the hospital. DNA analysis could be done on these samples. It is the police responsibility to order DNA tests and pay for the DNA analysis. But in practice, it is very seldom done. The Thai hospital will provide a Medical Certificate that describes the examination findings that is legally valid in the Thai court system. The Thai hospitals (including the One Stop Crisis Centers /OSCC) do not contact the police for the victim. If the victim wants to report the rape to the Thai police, she should do it through the NGO, or IRC LAC, or UNHCR. They will assist her to access Thai Justice. The Thai police from the jurisdiction of the refugee camp will access the medical certificate from the Thai hospital, if the case is reported to the police. The doctor from the Thai hospital will provide testimony in the case if the case goes to trial.

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Additional Information about the Emergency Contraceptive Pill (ECPs) # ECPs are a contraceptive method used by women after unprotected sexual intercourse to prevent an unwanted pregnancy. # ECP is not a method of abortion. It prevents pregnancy, but does NOT disrupt an existing pregnancy. # ECPs are most effective to prevent pregnancy if taken within 72 hours after sexual intercourse but can be effective up to 120 hours (5 days) according to WHO Guidelines for Clinical Management of Rape. # They should only be used in emergencies: in case of rape, unprotected sex or condom breakage. # ECPs should be available in all camp clinics and hospitals. # "#$%&'(!)*+,&-.,/-#&(!0,&!,1(#!2%%3!,!(43315!#6!789(!6#*!%$%*+%&05!0,(%(:!! # ;#!3<5(-0,1!0<%0243!-(!&%0%((,*5:!789!-(!&#/!=,&+%*#4(!,&=!-(!(,6%!/#!+->%!/#!,11!?#$%&@!-&014=-&+!?#$%&!?<#!,*%!A*%,(/6%%=-&+:! What types of ECPs are available in Thailand? There are two families of emergency contraceptive pills (ECPs). They are called POPs (progestin only pills) and COCs (combined oral contraceptives). POPs are recommended. The name of POPs in Thailand and the dosage are as follows: $ Levonorgestrel Regimen (sold as *POSTINOR or Madonna in Thailand) $ Take a single dose straight away. (Usually this is 2 tablets that equal 1.5mg total)

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APPENDIX THREE: Services Available for the Victims Physical and Emotional Needs in Camps Emotional Needs
Counseling

Organizations who are able to support

Womens Organization Camp Committee Responsible Person Community leaders Religious Leaders Family members Neighbors Camp Based Organizations DARE Network Community Peace Teams /SGBV Committees PU-AMI Handicap International (HI) COERR - CPA Womens Organization Camp Committee responsible person Community leaders Camp Based Organizations Community Peace Team /SGBV Committees

Provide information about options

Physical Needs
Hygiene items Food Shelter Security Caring Clothing Accompany in camp Health and medical attention

Organizations who are able to support

COERR, CPT/SGBV Committee, Womens Organization, IRC-WPE, ARC. TBC, Womens Organization, Camp Committee, Individual Donations, Neighbors, IRC-LAC, IRC-WPE, ARC. TBC, Womens Organisation, Camp Committee, Neighbors, Individual support, KRC, NGOs. Womens Organisation, Camp Committee, Security guards, Thai Police, UNHCR. Camp Committee, Womens Organization, SGBV Committee/CPT, IRC-LAC, IRC-WPE, ARC, COERR (CPA, CSW) Womens Organization, Camp Committee, Neighbors, IRCWPE, ARC, COERR. Womens Organization, CBOs, Relatives, Family, Camp committee, CPT/ SGBV Committee. MI (MRML,MLO), PPAT (MLO/MRML), SMRU (ML), PUAMI (NP, UMP, ML), ARC ( BDY, NP,UMP), IRC (HH), HI (not BDY, HH)

How
E.g. Washing powder, Soap, Toothbrush, Toothpaste, Sanitation Pack, Candle, Towel, Shoes, Shampoo. Money to buy for food, or provide actual food. Safe house, Building materials, house renovation, space for housing, Individual donations, accommodation in town. Safe house, Camp responsible person and camp security work together. Home Visit, Consult, help with household tasks and child care. Provide essential items the victim needs. Go with the victim for any service if she requests. Psycho-social care, medical care and treatment, partial evidence collection, partial laboratory tests, referral to Thai hospital, feeding of victim and companion.

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 Drug & Alcohol Related Issues Provide Legal Information about Camp Justice, Thai Justice System DARE Network Camp Committee, CBOs, IRC/LAC, (ML, UM, NP) UNHCR, KRC, Womens Organization.

Education Vocational Training/ Livelihoods Travel out of camp Accompany when out of camp

ZOA, KWO, KRCEE, OCEE. ADRA, Womens Organization, TBC, ARC, COERR (Agriculture and VT), IRC WPE. UNHCR, IRC-LAC, ARC, COERR, IRC-WPE, Health Agency Staff. UNHCR, IRC-LAC, COERR, Town SGBV Case Manager. (IRC-WPE, ARC), KRC, Health agency staff.

support physical rehabilitation if the victim is a person with a disability. Provide addiction counseling, prevention and treatment to victims and any family members. Provide Legal information about the camp and Thai judicial process Legal advice Monitor the progress of the case Sharing information to the victim and the responsible person. Ensure victim can access or continue her education. Ensure victims of SGBV are included. Transportation , translation and camp pass Ensure victims and companions are never left alone.

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APPENDIX FOUR: SGBV Case Managers at Camp level and in Towns SGBV Case Managers in Camp and Town
Camp Name 1. 2. 3. 4. 5. 6. 7. Mae Ra Ma Luang Mae La Oon Mae La Umpiem Mai Nu Poe Htam Hin Ban Dong Yang Camp SGBV Case Manager (Womens Organisation) KWO Camp Social Welfare KWO Safe House Field Co-ordinator KWO Camp Social Welfare KWO Safe House Field Co-ordinator + BWU KWO Camp Social Welfare KWO Safe House Field Co-ordinator + MWO KWO Camp Social Welfare KWO Safe House Field Co-ordinator + MWA KWO Camp Social Welfare KWO Safe House Field Co-ordinator KWO Camp Social Welfare KWO Safe House Field Co-ordinator KWO Camp Social Welfare KWO Safe House Field Co-ordinator Thai Town Mae Sariang Mae Sariang Mae Sot Umphang Mae Sot Umphang Mae Sot Kanchanaburi Sangklaburi Town SGBV Case Manager ARC Town Staff ARC Town Staff IRC-WPE Town Staff ARC Town Staff ARC Town Staff IRC-WPE Town Staff ARC Town Staff

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APPENDIX FIVE: Glossary of the Meaning of Some Words in this Document

1. 2. Words Camp Committee Responsible Person Compensation Payment Meaning Members of the camp's governance structure at Camp level. Usually for SGBV cases it will be one or two of the following: the Social Welfare position, Security position, Vice Chair. For some SGBV cases, in camp justice and in Thai justice, it is possible that the victim must receive some payment of money to compensate her for the suffering she has experienced. This is not the same money as a "fine" that the perpetrator must pay as a punishment. Compensation is paid to the victim, but a fine is paid to the security or to the police. This means not sharing some information with other people. We should not tell our friends or family about the details of an SGBV case. Some information in an SGBV case is very personal and will be embarrassing for the victim if everyone knows. Some information also can put the victim in more danger. All the people in positions who are involved in the case (Camp Committee Responsible Person, Women's organization, medics, Security, NGO's etc) should not share any information freely. They should share information only to be able to do their job, and after getting the victim's consent. They should share information only with responsible people who are involved and need to know something about the case so they can do their job. Saying yes or no. If a person gives consent, it means she agrees. In SGBV cases, it is important for the victim to be offered the chance to give her consent or not. She must be asked often about different steps. Her decision to consent, or not consent, must be followed by others if possible. In this way, the victim will feel like she is getting power back in her life. There are SGBV Case Managers at camp level and at town level. An SGBV Case Manager is someone who the victim has agreed to receive support from during her case. The SGBV Case Manager's role is to provide some services directly to the victim, but also to refer her to other groups to get assistance and to guide her and advise her throughout her case. The Case Manager makes sure that the victim gets all the services she needs. The Case Manager is not in charge of the legal decisions. The Case Manager is like a friend who shows the victim the way through the forest. A lawyer is a man or woman who has received training at University in Law. For several years. A lawyer works to give legal advice to people. Both a victim and an accused perpetrator have the right to have a lawyer give them advice. It should not be the same lawyer giving advice to both of them. Public Prosecutor: a lawyer who works for the government and takes a case to court. This lawyer works to accuse the perpetrator, and to protect the victim. Public Defender: A lawyer who works for the government. This lawyer works to defend the accused perpetrator. Money that a perpetrator must pay as a way of being punished for his actions. A fine is paid to the Thai government, or to the police, or to the camp justice. It is not paid to the victim. In this document we use the word "victim". It means the woman or girl who suffered the abuse. Many English-speaking people prefer to use the word "survivor", instead of "victim". However there is no word in the Karen or Burmese languages for "survivor". We want our 3 language versions to be the same and for all of them to be understood in this local context, so we chose to use the word "victim".

3.

Confidentiality

4.

Consent

5.

SGBV Case Manager

6.

Lawyer: Public Prosecutor Public Defender

7. 8.

Fine Victim

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