A/HRC/34/62 (c) Formalizing methods of victim participation acknowledges the crucial role of victims not only in initiating procedures but in collecting, sharing and preserving evidence; (d) Victim participation increases the likelihood that the needs of victims will be taken seriously in processes that have traditionally relegated them to being mere sources of information; (e) Victim participation in criminal procedures increases the likelihood that those procedures can be better integrated into other transitional justice processes; (f) The sense of empowerment that victims derive from participating in criminal procedures can catalyse demands for justice which, in turn, may have beneficial nonrecurrence effects. 3. Reparations 54. In view of the fact that that of all transitional justice measures reparations are the one that, by design, is intended to benefit victims tangibly and directly, 45 there are especially compelling reasons to involve victims in the design stage of such programmes. 55. Reparations in the context of mass violations take the form of the distribution of material and symbolic benefits, either to individuals or groups. Given that large-scale administrative reparation programmes, even when providing benefits to individuals, have never come close to achieving full compensation for the harms suffered, it is necessary to have criteria to distinguish between those programmes developed for awarding serious and sincere reparations from those developed primarily to present the appearance of being reparative. 56. The Special Rapporteur has argued that this is possible, starting on the basis of the aims that are characteristically pursued through the implementation of transitional justice measures in general, namely providing recognition to victims not only as victims but as rights holders, increasing trust among citizens and between them and State institutions, strengthening the rule of law and promoting social integration or reconciliation. 46 57. Victim participation can help increase the fit between the benefits on offer and the expectations of victims. Given that large-scale programmes fall short of full compensation, the adequacy of the benefits they offer depends on complicated judgments concerning the appropriateness of the whole complex of benefits, the process of distribution and the relationship between the reparation benefits and other redress measures, including criminal justice, truth and guarantees of non-recurrence, judgments that are also for the victims to make. 58. Collective reparation measures are usually designed with the involvement of victims. Both Peru and Morocco established community reparation programmes that worked on the basis of projects submitted by communities to a selection body that also provided some degree of technical follow-up advice. While questions arise concerning competition for the funds, given the varying capacities of different victim groups, and about the sustainable impact of the investments, this method is one way to give victim communities a voice in reparations decisions. 59. One of the fundamental questions that must be resolved in implementing any programme is what types of violations will permit access to benefits. This is a question that has led to frequent and obvious exclusions, foremost among them the exclusion of 45 46 14 See A/HRC/21/46 and A/69/518. Pablo de Greiff, “Justice in reparations” in The Handbook of Reparations, P. de Greiff, ed. (Oxford University Press, 2006).

Select target paragraph3

Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents