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).
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