A/HRC/34/62
measures, on the other hand. 56 For example, victims may, at least initially, find legalistic
language and procedures alien to their understanding of justice or struggle to identify
relevance in examples of lessons learned from international practice, which will negatively
affect their ability to participate.
72.
Two main strategies have been used to mitigate the challenges of knowledge
disparity between victims and other stakeholders with professional backgrounds:
representation of victims by civil society experts and organizations, and capacity-building
specifically designed to impart expertise and empower the victims themselves.
73.
The strategy centred on building the capacity of victims themselves should be
calibrated to reflect the specific circumstances faced by victims. Some modalities of SouthSouth and triangular cooperation could be helpful in eliciting relevant knowledge and
experience for victims’ direct involvement. Victims from similar countries or cultural
contexts with a long-standing record in defending their rights and who passed through a
similar learning trajectory in their own communities could act as role models, mentors and
on-the-job trainers. This can promote solidarity and the creation of networks for
transnational transfer of knowledge between victim communities. In most victim
communities there are also individuals who tie their professional careers to advocacy for
victims’ rights. Such life choices should be encouraged and incentivized and proper
accompaniment provided for prospective leaders.
74.
The strategy centred on building the capacity of victims often faces inflexible
timelines, offering insufficient opportunity to grow the capacity necessary for victims to be
able to participate as experts. 57 The planning of participatory processes requiring expert
knowledge should take this into account and, consequently, should incorporate flexible and
interim arrangements that provide for the gradual phase-in of victim representatives as their
technical capacity improves. However, there may be time constraints that cannot allow such
extended processes.
75.
Where limitations to victims’ capacity have proven to be insurmountable in the short
run, civil society organizations have played a major role in bridging the gap. In some
contexts, victims themselves insist that their participation is contingent on assistance with
both understanding their rights and seeking redress for violations of those rights. 58 Because
of the need to understand local conditions, in addition to the issue of trust, civil society
organizations with strong grass-roots engagement are best suited to be intermediaries
between victim communities and processes of Government-induced participation.
76.
Transitional justice mechanisms need a constant flow of information from and to
victim groups; sporadic encounters or updates are inadequate. Civil society organizations
can contribute to providing updates and securing feedback from victim groups on policy
development. 59 In sum, civil society organizations that act as victim representatives are
required to have different capacities in place: capacity for technical expertise on the subject
56
57
58
59
18
David Kennedy, “The international human rights movement: part of the problem?”, Harvard Human
Rights Journal, vol. 15 (2002), pp. 101-125; Séverine Autesserre, Peaceland: Conflict Resolution and
the Everyday Politics of International Intervention (Cambridge University Press, 2014), pp. 68-96.
See, e.g., Ghazala Mansuri and Vijayendra Rao, Localizing Development: Does Participation Work?
(Washington, D.C., World Bank, 2013), p. 2.
Simon Robbins and Ram Kumar Bhandari, From Victims to Actors: Mobilising Victims to Drive
Transitional Justice Process (Kathmandu, National Network of Families of Disappeared and Missing
Nepal, 2012), p. 41.
Cristián Correa, Julie Guillerot and Lisa Magarrell, “Reparations and victim participation: a look at
the truth commission experience”, in Reparations for Victims of Genocide, War Crimes and Crimes
against Humanity, Carla Ferstman, Mariana Goetz and Alan Stephens, eds. (Brill, 2009), p. 8.
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