A/HRC/21/46
B.
Victim-centred approach
54.
Resolution 18/7 requires the Special Rapporteur to “integrate a victim-centered
approach throughout the work of the mandate”, which he intends to do in an effective,
hands-on manner. In addition to the requirement stated in the resolution, the Special
Rapporteur hopes that the arguments offered above provide further motivation for doing so.
First, the argument has emphasized that the implementation of the measures can be
construed as having as their goals providing recognition to victims, fostering trust and
strengthening the democratic rule of law. None of this can happen on the backs of victims,
without their meaningful participation. Such meaningful participation can take different
forms. To illustrate, truth-seeking requires the active participation of individuals who wish
to express their grievances and report on the facts and underlying causes of the violations
and abuses which occurred. Truth-seeking will only be regarded a justice measure if civil
society, in particular victims organizations, is adequately represented in the composition of
a truth commission. Prosecutions, for their part, can only serve as actual justice measures if
the victims and their families are effectively involved in the processes and provided with
the necessary information relevant to their participation in proceedings. Local or traditional
methods of rendering justice, when compliant with international fair trial guarantees, can
reach out to the local population so they recognize them as “justice”. Reparations will only
be successful if victims and civil society at large have been involved in the design of the
schemes, so the measures are commensurate to the harm inflicted and contribute to the
recognition of the victim as rights holders. Regarding guarantees of non-recurrence,
institutional and personnel reform needs to have a firm grounding in the views of the
population and specifically of the victims, who should be actively involved in the related
processes so that legislation and institutions are built to prevent future violations and public
officials selected in a manner in which the principle of the rule of law is given force.
55.
Second, reconciliation is not to be conceived as a substitute for justice. In many
parts of the world, reconciliation has been used by members of predecessor regimes as a
demand for victims to forgive and forget and, therefore, as a way of placing one more
burden on the victims. Third, one of the distinctive characteristics of a comprehensive
approach is precisely that it places special emphasis on the centrality of victims; in addition
to the progress that has been achieved of late in victim participation in criminal justice
procedures, with the Rome Statute representing significant progress in this respect, truth
commissions, especially but not exclusively those that follow the now well-entrenched
trend to hold public hearings afford many opportunities to make victims visible, to give
them a well-deserved space in the public sphere. Of all transitional justice measures,
reparations programmes are designed to do something not just against perpetrators but on
behalf of victims directly. Guarantees of non-recurrence, particularly some of the practical
ways in which they are manifested, serve victims, for example, by sparing them the agony
of having to deal with the same security officers that had abused them before.
56.
Since a victim-centred approach is not merely a matter of argument but of practice,
it must also be said that here that the systematization of experiences in dealing with
participatory and consultation processes across the four measures under the mandate is one
of the specific topics the Special Rapporteur intends to tackle throughout his term.
57.
Finally, in operational terms, the Special Rapporteur has already initiated
consultations with civil society organizations, including victims’ organizations. He will
certainly continue this in the more formal regional consultations that the Special Rapporteur
is organizing and the country visits he will undertake under the mandate.
17
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents