PART V INFORMED CONSENT What is Informed Consent? FILMING Informed Consent is the interviewee’s agreement to be filmed and can only be provided after they fully understand • who you are; • the purpose of the interview; • what you hope to achieve with the interview and what you cannot achieve; • the risks of providing the testimony; • how and where the video will be used; • who will see it; • how you will protect their privacy and security; and • what you can provide and not provide. For example, most frontline documenters are not in a position to assist in relocation, visa applications, finances, or witness protection. The internationally agreed-upon standard is that informed consent must be secured when taking testimony in writing, via audio recording, or via video recording. This is an clear recommendation that this Field Guide supports. However, in the field at the preliminary-interview stage, it can be impractical — or even impossible — to follow this recommendation. Accordingly, we will first discuss how to secure informed consent and then address what to do when securing consent is not possible. Elements of Informed Consent The concept of “informed consent” is rooted in four fundamental principles. These principles help us understand the legal definition of consent and the moral obligation of human rights documenters and organizations to protect the safety, security, and dignity of interviewees. • Disclosure: The purpose and intended use of the information sought must be explained fully in order to protect the interviewee’s safety to the greatest extent possible and to maintain an honest relationship between interviewer and interviewee. • Voluntariness: The interviewee must give permission for the material to be used and express whether he or she is willing to be identified by name; this must occur in conditions that allow them to give their consent voluntarily. For example, they should not be coerced by promise of payment or additional protection. • Comprehension: The interviewee must understand the implications of the interview. This may be complicated if the interviewee does not have a full understanding of the intended distribution— that it may reach the International Criminal Court, for example. The interviewer must find a balance, avoiding condescension but also protecting the interviewee’s safety. • Competence: The interviewee must be capable of fully comprehending the implications of his or her participation. This is an especially important issue with vulnerable individuals such as children, people with mental disabilities, and people who have suffered significant trauma (sexual violence, for instance). FOR MORE INFORMATION For sample informed-consent policies and forms, go to bit.ly/Examples_ InformedConsent. Why Secure Informed Consent? Securing informed consent is essential to ensuring that the interviewee knows the possible repercussions of agreeing to be interviewed. Identifying the worst-case scenario allows the interviewer and interviewee to devise a plan to minimize the risks to safety and security for themselves and those around them. The provision of informed consent also honors the human rights principle of agency and allows an interviewee to make an empowered decision to give the interview or not. 159 VIDEO AS EVIDENCE: FILMING PRELIMINARY INTERVIEWS V 1.0