A/HRC/36/50/Add.1
gather and verify information, create a historical record of events and provide the basis for
further investigation.43
59.
Finally, in many countries, historical research has played an important role in
demystifying the past, with many countries developing resources for historical inquiry.
Germany has been a leader through its investigations of the workings of the repressive and
genocidal Nazi state. In Morocco, the National Human Rights Council has supported the
development of contemporary historical research in Moroccan universities. 44
D.
Advances in reparations
60.
Reparations are material and symbolic benefits distributed either to individuals or to
groups, intended to recognize and redress the violation of human rights, which can be
shattering for victims and have long-lasting effects with ripples felt by many persons and
even across generations. They are typically the only measure designed to benefit victims
directly.
1.
Right to reparation
61.
There has been significant progress at the normative level in establishing the rights
of victims to reparations. The legal basis for a right to a remedy and reparation has been
enshrined in a variety of international human rights, international humanitarian law and
international criminal law instruments. Treaty bodies and national, regional and
international courts have considered a large number of both individual cases and group
claims arising from periods of mass violations, and have developed a rich jurisprudence
that confirms that the State obligation to provide reparation extends far beyond monetary
compensation to encompass such additional requirements as: public investigation and
prosecution; legal reform; restitution of liberty, employment or property; medical care; and
expressions of public apology and official recognition of the State’s responsibility for
violations.
62.
The adoption by the General Assembly of the Basic Principles and Guidelines on the
Right to a Remedy and Reparation for Victims of Gross Violations of International Human
Rights Law and Serious Violations of International Humanitarian Law by consensus in
2005 was a milestone. These Principles have helped catalyse a better understanding of the
right to reparation and guide action in this domain.
2.
Massive administrative programmes
63.
An important advancement has been the development and diffusion of the model of
massive administrative programmes. Countries in every region of the world have opted for
such programmes, including ones already mentioned, such as Argentina, Chile, Germany,
Morocco, Nepal and the United States, as well as many others, including Canada,
Guatemala, the Philippines, Sierra Leone, Spain and Uruguay.
64.
Large-scale administrative programmes respond to a large universe of cases rather
than the judicial resolution of individual, isolated cases. Instead of trying to tailor remedies
to individual losses or harms suffered, administrative programmes distribute the same
benefit to all individuals within particular classes, determined by the type of violations,
allowing only for some variations along predetermined axes such as the intensity, duration
or effect of the violation. The whole point is to make the programme expeditious,
accessible and effective as a redress mechanism for large universes of victims. So, while
these programmes do not deliver “perfect justice”, some of them have successfully
provided significant benefits to thousands and in some cases tens of thousands of victims
43
44
OHCHR, “Commissions of inquiry and fact-finding missions on international human rights law and
humanitarian law: guidance and practice” (2015), p. v and 2-3.
www.cndh.ma/fr/actualites/table-thematique-sur-lhistoire-des-propositions-pour-developper-etdiffuser-les.
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