A/HRC/45/45/Add.1
establishing a procedure that does not make the armed forces the sole voice in
deciding this question;
(d)
Move to terminate military involvement in commercial activities and
reduce military presence in those areas, such as the North and East;
(e)
Given continued apprehensions about surveillance and security, ensure
that the transitional justice process incorporates witness and victim protection
instruments and strengthen the existing (but incipient) witness and victim protection
scheme.
C.
Recommendations on truth-seeking mechanisms
88.
Concerning truth-seeking, the Government should publish all reports of
previous commissions and make their records and archives available to any future
transitional justice mechanism.
89.
Concerning the Office on Missing Persons, the Government should:
(a)
Ensure that the Office can establish its presence at the provincial and
district levels, to facilitate access by victims and their families, as planned;
(b)
Require all State institutions to collaborate with the Office;
(c)
Enable the Office to strengthen its capacity on crucial skills, including
forensic investigations, through training provided by national, regional and
international experts;
(d)
Support the Office’s plan to incorporate psychosocial support for victims
to avoid retraumatization.
90.
Concerning the establishment of a truth commission, the Government should:
(a)
Ensure that such a truth commission can act as a crucial tool to establish
patterns of violations and abuses over many cycles of violence, demonstrating that all
communities have victims, and to uncover the root causes of discriminatory practices
leading to conflict. This calls for giving the commission a broad temporal scope.
Legislation establishing a truth commission should be adopted promptly but with
adequate consultation with civil society;
(b)
Ensure the independence of its commissioners and that victims are
adequately represented among the commissioners and the commission’s staff;
(c)
(d)
all levels.
D.
Ensure support to victims in terms of security and psychosocial services;
Make sure that gender considerations are adequately institutionalized at
Recommendations on justice-related measures
91.
Concerning criminal justice, the Government should:
(a)
Address the lack of tangible progress on emblematic cases, which points
to the serious limitations of the current justice system in addressing human rights
violations. Decisive action on these cases could contribute to establishing the justice
system’s bona fides regarding human issues;
(b)
Strengthen both the current accountability system, which is weak, and
any future system of this kind. Many countries have developed such capacities,
including in respect of police investigations, forensics and the articulation of
prosecutorial strategies. Efforts to reach South-South cooperation agreements to
strengthen or develop the relevant capacities should be made immediately;
(c)
Ensure that the investigative and prosecutorial functions of the Office of
the Attorney General are kept institutionally separate. Consideration should be given
to the establishment of an independent prosecutorial authority;
17
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