A/HRC/21/46
IV.
A.
Implementation strategy for the mandate
Strategic considerations
47.
The strategy here outlined centres around three broad thematic areas that the Special
Rapporteur considers to be critical for the strengthening and the development of the
mandate. However, wanting to engage in meaningful consultations with stakeholders –
States, national human rights institutions and civil society organizations alike – the three
areas have been outlined very generally so that actions and outputs can be further specified
taking into account the results of ongoing and future consultations.
48.
Resolution 18/7 correctly insists on the importance of taking a comprehensive
approach to the implementation of the four measures with which it is concerned. As
discussed, the Special Rapporteur intends to contribute to the development of each of the
four measures under the mandate, noting that they are the subject of very uneven
development legally, practically and academically. However, in terms of thematic
priorities, work on the linkages between the four different measures is particularly urgent.
Chapter III sketches a normative argument that grounds the importance of a comprehensive
approach to the implementation of the four measures. A significant amount of work,
however, remains to be done on the ways in which the different measures can be designed
and implemented so as to form part of a comprehensive whole.
49.
As also discussed, there is sufficient empirical evidence about the drawbacks of
disaggregating the four measures, of taking each of them to be completely independent
from one another. But how, concretely, to link the measures with one another in a
comprehensive and coherent approach to the issues, without simplification, requires much
more examination. The end result has to be much more than a blue print that can be
transferred from country to country. Rather, the result of these efforts has to take the shape
of increased familiarity with the full range of options that different countries have tried in
their own efforts to achieve this sort of integration and the development of innovative ideas
of how this can be achieved in a way that is respectful of relevant experience and particular
contextual factors, but also of the universality of the underlying obligations.
50.
The second broad thematic area in the Special Rapporteur’s strategic plan relates to
the links not just between the four areas under the mandate but with broader areas of policy
intervention, including development and security. The motivation for undertaking further
work in this area should be plain: gross violations of human rights and serious violations of
international humanitarian law are often fuelled by, and frequently leave in their wake, deep
developmental deficits. Furthermore, these violations are not simply violations of civil and
political rights, but include also violations of economic, social and cultural rights. There is
therefore great pressure also coming from the field to demonstrate the effectiveness of the
measures under the mandate both in redressing violations of economic, social and cultural
rights and making contributions to improving the living conditions of individuals and
communities previously affected by gross violations of human rights and serious violations
of international humanitarian law. It is not that there is no pre-existing experience in this
domain, but it has not been sufficiently systematized and neither the potential nor the
limitations of the measures to attain these ends has been adequately identified. Furthermore,
it is still the case that transitional justice practitioners pay little attention to the institutional
and other developmental preconditions of the effective implementation of the measures
they advocate and, most importantly, that development and security actors do a lot of their
work in abstract from the justice-related obligations that are the subject of this mandate.
51.
As if these were not sufficient reasons to explore the linkages between these areas, it
should be clear that the promise of guaranteeing the non-recurrence of the violations which
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