Sexual and gender-based violence in Myanmar and the gendered impact of its ethnic conflicts in English
sexual and gender-based violence who the Government regards as stateless. The
Government’s refusal to acknowledge the citizenship of Rohingya people leaves the human
rights of those people unprotected under the Myanmar Constitution.
235. The right to truth is an integral part of effective investigations, accountability and
justice.504 The right to the truth is recognized by the Human Rights Council505 and is an
established principle of international human rights law. 506 Under the right to truth, victims
and the public have the right to know the truth about the perpetration of heinous crimes and
the circumstances that led to their commission.507 Additionally, in the event of death or
disappearance, victims’ families have the right to know the truth about the circumstances in
which violations took place and the victims’ fate.508 Governments are obliged to establish
mechanisms to facilitate the revelation of the truth about gross human rights violations. 509
The U.N. Principles on Combating Impunity describe the full and effective exercise of the
right to the truth as “a vital safeguard against the recurrence of violations”.
236. Full accountability requires adequate, effective and prompt reparations for harm
suffered.510 Victims are entitled to full and effective reparations, entailing restitution,
compensation, rehabilitation, satisfaction and guarantees of non-repetition.511 Restitution
aims to restore, to the extent possible, the victim to the situation existing before the
violation. It may include restoration of liberty, enjoyment of human rights, identity, family
life and citizenship, return to one’s place of residence, restoration of employment and return
of property. Compensation should be provided for any economically assessable damage,
such as physical or mental or economic harm, lost opportunities and material loss or
damage. Rehabilitation includes medical and psychological care as well as legal and social
services.512 Satisfaction may include effective measures aimed at the cessation of
continuing violations; verification of the facts and full and public disclosure of the truth;
search for the whereabouts of the disappeared; search for, identification and burial of
bodies; public apology and acknowledgment of the facts and acceptance of responsibility;
commemorations and tributes to victims.513 Reparations should be proportional to the
gravity of the violation and the circumstances of each case.
237. A critical element of the right to an effective remedy is the provision of guarantees
of non-recurrence.514 Examples include ensuring effective civilian control of military and
security forces; ensuring that all civilian and military proceedings abide by international
standards of due process; strengthening the independence of the judiciary; protecting
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507
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509
510
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54
On the right to the truth, see E/CN.4/2006/91, A/HRC/5/7, A/HRC/12/19 and A/HRC/15/33.
In 2005, the Commission on Human Rights adopted resolution 2005/66 on the right to truth,
requesting OHCHR to prepare a study on the right to the truth (E/CN.4/2006/91). Human Rights
Council resolutions 9/11, 12/12 and 21/7 also support the right to the truth. In 2014, the General
Assembly adopted a resolution on the right to the truth (A/RES/68/165), recognizing “the importance
of respecting and ensuring the right to the truth so as to contribute to ending impunity and to promote
and protect human rights”.
International Convention for the Protection of All Persons from Enforced Disappearance, art. 24(2).
See, also, E.g. Basic Principles and Guidelines on the Right to a Remedy, principle 24; Principles to
Combat Impunity, principles 2-5; European Court of Human Rights, El-Masri v. The former
Yugoslavia Republic of Macedonia, Grand Chamber Judgment, Application no. 39630/09, 13
December 2012.
Principles to Combat Impunity, principle 2.
Principles to Combat Impunity, principle 4. This right finds its roots in international humanitarian
law, see ICRC/Customary IHL, and rule 117.
E.g. A/HRC/24/42, para. 20; D. Groome, “The Inalienable Right to the Truth”, in The United Nations
Principles to Combat Impunity – A Commentary, F. Haldemann, T. Unger, eds. (Oxford, Oxford
University Press, 2018), pp. 59-70.
Basic Principles and Guidelines on the Right to a Remedy, principles 11, 14-15; Principles to Combat
Impunity, principle 4 and 31. See also ICC, Prosecutor v. Thomas Lubanga Dyilo, ICC-01/04-01/06,
Decision establishing the principles and procedures to be applied to reparations, 7 August 2012.
Basic Principles and Guidelines on the Right to a Remedy, principle 18.
Ibid., principle 21.
Ibid., principle 22.
A/HRC/30/42 details on concept of guarantees of non-recurrence.
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