When an Attack Includes Sexual Violence: Lessons Learned from the Terrain Hotel

Introductions

• Lynne Cripe, Chief Executive Officer, The KonTerra Group

• Carolyn Klamp, Founder, Klamp & Associates

• Jake Trees, Senior Director of Operational Security, Internews

The Terrain Hotel Attack – July 11, 2016

• Understanding the nature of this attack

• What Internews and key partners did after the attack began

• The long-term consequences of crises involving sexual assault – for the individual and the organization

• The key policies, laws and insurances that underpin a response involving sexual violence

• What was learned from the response: what went well and lessons to apply to future events

Overview of Attack

• July 11, 2016 Terrain compound in Juba was attacked

• Armed clashes had been ongoing around Juba and in close proximity to compound

• Evacuation complicated by extensive militarized roadblocks and airport closure

• Compound was forcefully entered by several groups of armed men

• Verbal and physical abuse

Terrain Hotel –South Sudan

Part 1: SurvivorsImmediately after incident

Challenge 1: Survivor Extraction, immediate care needs, and moving to a secure location.• The most immediate challenge was getting survivors out of the

compound to safety. Navigating this extraction was incredibly complex as there was a breakdown in command and control in the army and other agencies were unable or unwilling to respond. Responding to sexual assault in a high-risk area with a non-functioning government proved extremely difficult.

Challenge 1: Survivor Extraction and moving to a secure location.What Went Right? Lesson Learned?

• Decision made early to remove all staff; EMT was running 24/7

• Rescues were made in three different phases

• Pep Kits were available • Evacuation to Kenya and organizing logistics

in Kenya occurred very rapidly • KonTerra was immediately activated• Critical survivor needs were prioritized

when staff landed in Kenya • Copies of passports were already on file

• Activate all resources and connections• Business as usual is separated from

emergency response efforts (Sr. leaders)• Security and HR work hand and glove when

managing sexual assault incidents• Relocate a strong manager with vast

authority but very specific responsibilities close to the incident (create a new center of gravity)

• It is important to get early agreement on key principles (money, leadership, command and control etc.)

Challenge 2: Survivor right to privacy protection and provision of medical, psychosocial and after care.

• An immediate challenge and need was to provide medical and psychosocial care to the survivors. Staff had immediate concerns which needed to be addressed. Families and loved ones needed support and there was an insatiable appetite for information from a multitude of people, organizations, and governments.

Challenge 2: Survivor protection and provision of medical, psychosocial and after care.

What Went Right? Lesson Learned?• Deployment of psychosocial providers and

account manager for strategic consultationto Kenya

• Recovery package - Paid leave, R&R, job accommodations, retraining.

• Allow survivors to lead recovery efforts where possible

• Discuss rumors, communication and provide rapid feedback to the impacted

• Have psychosocial care readily available for:• Family & survivor care, even if not immediately

accessed• Sexual violence survivors with varying needs

because of culture, religion, gender, etc. • Commitment to care (short and long term) from

senior leadership • Understanding differing insurances is crucial• Similar survivor experiences but vast differences in

recovery needs

Challenge 2: Survivor right to privacy protection and provision of medical, psychosocial and after care.

• Adding to the challenge of providing psychosocial care was the challenge of ensuring survivors had their privacy protected and that no PII of the victim was released

• Legal requirements are complex; duty of care requirement to meet community standard

• Kate Puzey Act

• Violence Against Women Act 2005 and Victims of Crime Act 2009

• State confidentiality laws

Challenge 2: Survivor protection and provision of medical, psychosocial and after care.

What Went Right? Lesson Learned?

• Survivors own the shared experience

• Made decisions early about stakeholder, media and internal comms strategy

• Ridged approval process for communications

• Intentional focus on supporting the reintegration of survivors back into the workplace

• Difficult to maintain silence around a big attack• Other colleagues wanting information • Involve Legal early when drafting

communications (internal, media, stakeholder)• Commitment to privacy from senior leadership• Prepare for your reputation to potentially suffer

due to uncorrected rumors • Complicated to balance competing survivor wishes

about how/whether Internews should publicly speak about the event

Challenge 2: Survivor protection and provision of medical, psychosocial and after care.

Immediate medical care Konterra counselors Evacuation and escorts

60 days paid leave Job accommodation Paid R&R

Assistance with insurance Regular information updates Re-training

• Employers have a continuing responsibility to meet the community standard for Duty of Care with respect to how they care for staff after an incident

• What went right?

• Lesson Learned? Adequate insurance is essential

Part 2: Responding Team & Internal Functions

Establishment Weeks 1 - 3

Challenge 3: Establishing, running, and setting up the EMT over the course of multiple days. • At the onset of the crisis it was imperative to have the Emergency

Management Team fully established with roles and responsibilities laid out. The team operated 24/7, with a considerable time difference, so setting schedules, working across time zones, taking and handing over notes, managing time, and communication were integral. Representation from a variety of departments was key: legal, human resources, security, communications, technology, and more.

Challenge 3: Establishing, running, and setting up the EMT over the course of multiple days.

What Went Right? Lesson Learned?

• Note taking established early on • Family liaison role was established • Roles were clearly laid out but

information leading to decisions was discussed openly

• Communications protocol was developed • Counseling services and strategic

consultations were offered and provided for all the EMT members

• Sleep will be needed – who is back up, where do people sleep, what are the shifts?

• After the immediate crisis ends, when does the EMT step back to recuperate

• Family liaison and survivor support is an ongoing task – does not end after the crisis

• Sometimes…Senior Leaders are not crisis leaders – address this early

Challenge 4: Information Overload – Collecting, evaluating, maintaining, and protecting information.

• Information was coming in from all directions during the crisis. Whether it was other Internews staff, organizations, agencies, security providers, news networks, Twitter, etc., sorting through all that information was a task in itself. Furthermore, requests to Internews FOR information was also a challenge we had to tackle. Taking effective notes and ensuring streamlined communication was incredibly beneficial to sort through the incoming information and deciding as an EMT what information we put out.

Challenge 4: Information Overload – Collecting, evaluating, maintaining, and protecting information.What Went Right? Lesson Learned?

• All communications that went out went through one person

• Information was tracked in a central location to sort through what was true and what was not

• Guidance provided to all staff on what to do with inquiries that were phoned in

• Lawyer presided over an investigation on Duty of Care responsibility being met

• There is an insatiable appetite for information –don’t feed it

• Separate operational communication (safety) from optional communications (media, internal etc.)

• Information requests will come in from media, other organizations, funders, and especially other staff

• People will try to communicate with those impacted

• Rumors will circulate – decide early on what information can be shared and by whom

Challenge 4: Information Overload – Collecting, evaluating, maintaining, and protecting information.• With the copious amounts of information, investigating the incident

safely was important:

• Identify vulnerabilities and lessons learned• Protect the organization and its staff in the future• Understand legal risk

• Results of internal investigations can be used against an employer in subsequent legal action

• Dennis case – Investigator’s conclusion that NRC failed to meet the legal duty of care was a part of the record, judge cited it in ruling against NRC

Challenge 4: Information Overload – Collecting, evaluating, maintaining, and protecting information.• What went right? Lawyer led investigation into whether Internews met

its Duty of Care. Investigation & conclusions are privileged and cannot be used in any legal action.

• Lesson Learned? Bringing an attorney into a case early will help to holistically protect the organization.

Aftercare advice Legal opinion Insurance and claims

Contract issues Record retention Sanctions

Part 3: Remembering the mission while supporting

survivors2 Months – 3 Years

Challenge 5: Internews Organizational Insurance.

• Having proper insurance coverage is critical for post-crisis management.

• Challenges:

War Exclusions – no property insurance or FVWC available

The insurance mix. Who gets what based on what type of employee they are

K&R crisis consultant non-action – key early help and expense-reimbursement made more difficult

Challenge 5: Internews Organizational Insurance. Issues: What Went Right? Lesson Learned?

• Notified multiple insurers, including local and affiliate underwriters

• Obtained early agreement from K&R underwriter that the policy was triggered as a ‘detention’

• Provided alternate payment system to get widow life insurance proceeds

• Push K&R crisis consultant to become more involved if policy may provide coverage

• Negotiate key insurance policies to omit war exclusion in advance of attacks

• In high risk areas, use employees rather than consultants

• Consider providing workers compensation coverage to consultants in exchange for waivers of liability

• Know your insurances, who they apply to and who they don’t. Identify your gaps now.

Challenge 6: How to move back post attack.

• Programming and activity needs did not disappear after the incident. While things were delayed, the team had to work to identify what a scaled down staffing model could look like, where we would live, our office location, etc. There was also a great deal of inventory that had to be replaced in order to carry out those activities. The decision to go back into country took many months and was a complete reboot of in-country operations.

Challenge 6: How to move back into programming in-country.What Went Right? Lesson Learned?

• Identify the most critical functions and deliver them remotely for as long as possible

• Aggressively talk with stakeholders about your current operations and future plans

• Conduct thorough risk assessment before reentry

• The decision to bring international staff back in was not an individual decision –EMT + President + Board

• Many national staff still in-country with needs and job expectations

• Re-training has to be done for new hires

• Develop new practices based on learning from the incident – then tell people about the changes

• Considerations around survivors who were directly involved in incident wanting to go back to country

Challenge 7: How organization can help survivors heal, share stories, and create change. • As time has gone on, some survivors have decided to maintain their

privacy with regards to the incident while others have wished to share their stories. Greatly pushing this interest was the desire to help increase the ability for other organizations to care for staff should they ever encounter these situations.

Challenge 7: Survivors deciding to heal, share stories, and how the organization can help.

Still Ongoing

• Internews continues to support these survivors and help them share their stories in ways they find comfortable

• Many have taken on advocacy efforts throughout various means

Questions?