A/HRC/34/62
90.
Furthermore, he offers reminders that victims do not constitute a monolithic
constituency characterized by internal consensus, but rather that they are frequently
divided not just because of the pre-existing social cleavages that may have contributed
to the violations and to conflict in the first place but additional ones, some of them
resulting from the violations and the conflict themselves.
91.
He focuses on three conditions for success of victim participation that are
frequently not met. Security conditions frequently do not allow for coercion-free
participation by former victims, who have especially compelling reasons to be wary of
the risks involved and mistrustful of institutions that have often failed abjectly in
protecting them.
92.
While there has been some progress in offering some psychosocial support to
participants in transitional justice measures such as truth commissions and criminal
justice processes, the support is, more often than not, quite basic and centred mostly
on the participation entities. However, the combination of systematic violations and,
not infrequently, years of neglect call for more robust forms of assistance if there is
going to be any reasonable expectation that people who were the targets of either State
repression or of gross abuses by third parties will be able to participate on an equal
footing with others in the design and implementation of a policy that has frequently
led to reprisals. The Special Rapporteur, recalling that, despite all this, victims have
indeed contributed to transitional justice processes, takes the opportunity to
acknowledge the sacrifices that victims have endured in the search for justice. 63
93.
Finally, in the two reports he examines the paradox of participation that
involves consulting on questions of rights those persons who have been offered weak
reasons for having neither a solid understanding of themselves as rights holders, nor
experience with effective redress mechanisms.
94.
While finding most of the existing capacity-building efforts severely wanting,
and therefore arguing that there are few more urgent needs than the design and
implementation of proper capacity-development programmes for victims as well as
other stakeholders if the promise of participation is going to be realized, the Special
Rapporteur calls for the adoption of consultation and participatory methods that are
not single events; for this reason, among others, consultation and participation must
be ongoing processes.
95.
The Special Rapporteur also recalls that in addition to epistemic reasons, there
is also a legitimacy-based argument for victim participation that includes the
following considerations: participation provides victims a measure of recognition not
only as victims but also as rights holders; this in turns helps victims become visible
and gain a place in the public sphere frequently denied to them. These equalizing
tendencies enable the identification of common experiences, values and principles
across different constituencies, a necessary condition for sustainable consensus- and
coalition formation on controversial redress and prevention issues.
63
See, e.g., www.elespectador.com/noticias/paz/van-70-asesinatos-de-defensores-de-derechoshumanos-201-articulo-666528. Seventy human rights defenders have been killed in Colombia in
2016, including 30 after the ceasefire agreement between the Government and the Fuerzas Armadas
Revolucionarias de Colombia came into effect.
21
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