A/HRC/21/46
25.
This pattern of bidirectional relations between reparations and the other transitional
justice measures can be replicated across the board. Criminal prosecutions, particularly
considering their scarcity, can nevertheless be interpreted by victims as a justice measure if
they are accompanied by other truth-seeking initiatives. Truth-seeking initiatives, for their
part, need to be saved from being interpreted as a form of whitewash in which the truth
emerges but no consequences follow. Similarly, victims will be given reasons to see
criminal trials as justice being done if trials constitute one of several accountability
measures that the new authorities are implementing, including the vetting of those
responsible for human rights violations. Conversely, vetting of public officials must be
accompanied by the creation of robust prosecutorial mechanisms if vetting is to be
reasonably seen as more than an administrative, bureaucratic initiative. The web of
interrelationships between the four measures under the mandate is robust indeed.
26.
The point of highlighting these interrelationships is not only for conceptual clarity.
For measures that are intended to respond to the legacies of irreparable violations to
“succeed”, at the least, reasons must be given to understand these measures not merely in
terms of expediency, but as efforts to achieve justice, notwithstanding their limitations. This
is a sort of threshold condition beyond which lie more practical questions of satisfaction.
Regarding the reaction of victims, in particular, to transitional justice programmes, there are
two distinct concerns: one is that they may consider the programmes insufficient on many
dimensions (e.g., not enough prosecutions, personnel vetted out of certain institutions or
reparation benefits). A different concern is that they may consider the programmes not just
insufficient but unfair or unjust, in the fundamental sense of not counting as justice
initiatives to begin with.
27.
The various measures should be “externally coherent”, meaning that they should be
conceived of and implemented not as discrete and independent initiatives but rather as parts
of an integrated policy. 11 Clarifying these interrelationships also helps us see why a bargain
that has been tempting in many experiences is likely to be self-defeating. This is the second
practical implication of the arguments. Measures should not be traded off against one
another. Authorities must resist the tendency to expect victims to ignore lack of action in
one of these areas because action is being taken in others. In addition to conflicting with
international obligations that the State may have with respect to each of the measures under
this mandate, such policy is likely to undermine the possibility that whatever measures the
Government does implement will be interpreted as justice measures.
E.
Goals of truth-seeking, justice and reparations initiatives and
guarantees of non-recurrence
28.
As suggested in chapter III, section C, the four elements under the mandate serve to
assist in the pursuit of two mediate goals, i.e. providing recognition to victims and fostering
trust, and two final goals, i.e. contributing to reconciliation and to strengthening the rule of
law.
11
See Pablo de Greiff, “Justice and Reparations”, in The Handbook of Reparations, Pablo de Greiff, ed.
(Oxford University Press, 2006), for an elaboration of the notions of internal and external coherence
in transitional justice programming.
9
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