Wednesday, January 19, 2022

Board of Directors of the Trust Fund for Victims

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Public Announcement of the Decisions taken by the Board of Directors of the Trust Fund for Victims from August to 3 December 2021

Despite the ongoing constraints imposed across the globe due to the COVID- 19 pandemic, the Board of Directors (Board) of the Trust Fund for Victims (TFV) at the International Criminal Court (ICC) has continued its work to ensure appropriate and timely delivery of reparative measures, in the form of assistance programmes and implementation of reparation awards, for the benefit of victim-survivors of atrocity crimes within the jurisdiction of the ICC.

The out-going TFV Board of Directors (2018-2021 mandate period) held in-person or virtual meetings for a total eight sessions on 31 August – 2 September (three day meeting), 18 October, 18 November, and on 2 and 3  December 2021. The Board continued to take decisions through email communications. In this period, the Board took the decisions listed below.

Nota bene: The list of decisions taken by the newly elected TFV Board of Directors (2021-2024 mandate period), which had their first meetings on 7 and 8 December 2021, will be published separately.

This list of decisions should be read and considered in conjunction with the public version of the TFV Management Brief Q3 of 2021.

Fund Management

The Board noted and welcomed the voluntary contributions received from the following donor governments from 1 August until 3 December 2021. Ireland (EUR 300,000), Australia (EUR 189,013), France (EUR 50,000), Korea (EUR 44,185), Luxembourg (EUR 35,000), Italy (EUR 30,000), Czechia (EUR 23,239), Malta (EUR 20,000), Austria (EUR 15,000), Hungary (EUR 10,000), Liechtenstein (EUR 9,371) and Andorra (EUR 8,000). The TFV received further pledges from States Parties and expects disbursements under multi-annual funding agreements. Detailed information will be shared at the beginning of 2022.

In November 2020, the Board decided that the Incidental Programme Costs (IPC) provision within the TFV’s extra-budgetary resources requires an annual review and update.

On 18 November and 2 December 2021, the Board reviewed the Secretariat’s report on expenditures on the IPC 2021 provision and the proposed allocations for the 2022 provision.

On 2 December 2021, the Board:

●  Approved the expenditure report of the IPC 2021 provision, which relates an expenditure of EUR 1,202,864 out of the allocated EUR 1,429,500, resulting in a carry-over of EUR 226,636 to the IPC 2022 provision.

●  Noted the Secretariat’s commitment to commission the gender and conflict audit in 2022.

●  Requested a more detailed annotation of expenditures and proposed allocations in relation to the IPC provision, in future reports.

●   Approved the proposed  allocations for the IPC 2022 provision, for a total of EUR 625,170 including the carry-over of EUR 226,636 from the IPC 2021 provision, distributed as follows:

o   Situational assessments          (EUR 76,762)

o   Monitoring and Evaluation   (EUR 50,000)

o   Fundraising and visibility      (EUR 224,400)

o   Partnerships and reparations (EUR 274,000)

The chart below illustrates the specific amounts in euros (€) allocated to various assistance programmes (on a calendar year 2021 basis) and the complements of reparation cases as of 1 December 2021.

The financial data are not yet audited and may be subject to adjustments.

Policy and Strategy Development

●  At the meeting on 18 October 2021, the Board approved the Working Method Policy of the TFV Board of Directors, subject to a final technical review (which has been completed), and noting that the Policy should be understood as a living document, subject to continuous review and amendment by the TFV Board of Directors.

●  At the meeting on 18 November 2021, the Board took note of the Secretariat’s first outline of a Fund Management and Investment Policy (FMIP). The FMIP is to codify and clarify the TFV’s decision making on the use of its extra-budgetary resources. The Board noted that the FMIP will require further development and completion in the first semester of 2022, under the guidance of the next TFV Board of Directors.

●  At the meeting in September 2021, the Board was informed and made observations and suggestions to the draft Theory of Change, as presented by the Secretariat, as a first step in the development of the TFV Strategic Plan 2022-2024. On 2 December 2021, the Board took note with satisfaction on the further development of the draft Theory of Change, including the incorporation of its earlier suggestions.

Reparations: eligibility decisions

Board Chair Mama Koité Doumbia (Lubanga) and Board member Baroness Arminka Helić (Al Mahdi) continued to act as designated Board representatives for the TFV’s administrative eligibility decisions in relation to reparations awards ordered by the ICC.

● From August to December 2021, the Board has issued 120 positive administrative decisions on victim eligibility for reparations in the Lubanga case (total of 100) and Al Mahdi (total of 20).

Reparations: other matters

●  At its meeting in  September 2021, the Board discussed recent developments and insights in relation to proceedings in the Ntaganda case. The Board requested the Secretariat to develop a paper on the different options for victim eligibility screening in the case, and encouraged the Secretariat to continue the development of the Draft Implementation Plan (DIP), due on 17 December 2021, in close consultation with the Board focal point Andres Parmas, assisted by Minou Tavàrez Mirabal.

●  At its meeting on 2 December 2021, the Board considered the Secretariat’s note on victim eligibility screening options, which with Board’s consent, had also been shared for comments with the relevant stakeholders at the Court, in relation to this process. The Board also took note with satisfaction of the presentation by staff at the Secretariat on the activities, including on site in the Democratic Republic of Congo’s Ituri Province, and the resulting insights informing the further development of the DIP. The Board took note of the reparation measures proposed in the DIP, as presented by the Secretariat. 

Independent Expert Review (IER) and Review Mechanism (RM) 

The TFV focal points for the IER/RM process are Sheikh Mohammed Belal, assisted by Minou Tavàrez Mirabal (TFV Board), and Franziska Eckelmans (TFV Secretariat).

●  At its in-person Board meeting in September 2021, the Board provided direction on the TFV’s approach to the relevant IER recommendations. This informed the development and submission of an Assessment Document, as requested by the RM, in relation to the IER recommendations concerning the TFV. With this in mind, the TFV developed and submitted an assessment of recommendations, at the request of the RM.

●  On 22 October 2021, the TFV focal points for the IER/RM process, as well as the TFV Executive Director and the ICC Registrar attended the RM assessment meeting in relation to the IER recommendations concerning the TFV. They addressed IER recommendations 352 to 358. During this meeting, the TFV and ICC Registrar presented their views on developments at the TFV, and clarified their views in relation to IER recommendations 354 and 358, concerning the mandate of the TFV and its operational relation with the Registry. The outcome of this meeting was reported in the Report of the Review Mechanism as the platform for discussion of IER recommendations, dated 1 November 2021.

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