A/HRC/21/46
obligations and are meant to give expression thereto. They are not simply a matter of
empathy, charity or expedience.
62.
The mandate will need to pay special attention to the ways in which these four
different elements go together, not just in theory but in practice. In addition to the
intention to achieve the sort of synergies mentioned in chapter III of the present
report and minimize potential conflicts between them, the Special Rapporteur also
considers it essential to stem a tendency on the part of some States to trade off one
measure against others.
63.
Despite growing international experience with the four measures under the
mandate, it must be acknowledged that: (a) not all measures are equally developed
legally, practically or even conceptually; (b) the development, particularly in practice,
of comprehensive approaches to address gross violations of human rights and serious
violations of international humanitarian law requires more systematic work; (c) the
sustainability of the impact of these measures, even when comprehensively
implemented, could be enhanced by strengthening of links with other types of
interventions, including development and security policies; and (d) increasing the
effectiveness of the measures, particularly in post-conflict settings is a matter of
urgency. These themes will be developed by the Special Rapporteur in future reports.
64.
The four measures under the mandate can be conceptualized as assisting in the
pursuit of two mediate goals – providing recognition to victims and fostering trust –
and two final goals – contributing to reconciliation and strengthening of the rule of
law. To provide recognition to victims, it is important but not sufficient to
acknowledge victims’ suffering and their capacity to endure. It is fundamental to
recognize that the victim is the holder of rights. This entails not only seeking avenues
of redress that can assuage suffering but also restoring the victim’s rights and affirm
her/his standing as someone who is entitled to make claims, on the basis of rights.
65.
Measures under the mandate seek to contribute to both trust between
individuals and trust of the individuals in State institutions. Trust involves an
expectation of a shared normative commitment and, therefore, develops out of a
mutual sense of commitment to these shared norms and values. Specifically, trusting
an institution amounts to knowing that its constitutive rules, values and norms are
shared by its members or participants and are regarded by them as binding. Both
recognition and trust are preconditions and consequences of justice.
66.
The Special Rapporteur emphasizes that reconciliation is an end that is
conceived as flowing from the comprehensive implementation of the four measures
under the mandate. Reconciliation should not be conceived either as an alternative to
justice or an aim that can be achieved independently of the implementation of the
comprehensive approach. Reconciliation is, at minimum, the condition under which
individuals can trust one another as equal rights holders again or anew. That means
that individuals are: (a) sufficiently committed to the norms and values that motivate
their ruling institutions, (b) sufficiently confident that those who operate those
institutions do so on the basis of those norms and values – including the norms that
turn individuals into right holders – and (c) sufficiently secure about other
individuals’ commitment to abide by and uphold these basic norms and values.
67.
The concept of the rule of law to which this mandate seeks to contribute is not a
purely formalist notion. Rule of law has to be understood in a way that coheres with
an understanding of its ultimate aim – promoting a just social order – and the more
particular aims in terms of which transitional justice measures are specified, including
recognition, trust, and reconciliation. The combination of measures is meant to give
reasons for individuals to think of themselves as rights holders, free to organize
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