A/HRC/34/62
• The call for victim participation and the consequent empowerment may contribute to
making victims visible, helping them achieve a place in the public sphere that may
have been denied to them before
• The equalizing effect of participation facilitates the identification of commonalities
of experiences, values and principles among different types of victims as well as
between victims and non-victims, which is important for the sake of coalition- and
consensus-formation regarding transitional justice policies
• The participation of victims puts a human face on discussions about transitional
justice, providing an important reminder that the discussions are not merely
technical matters and in the process motivating stakeholders to reach an agreement
that might otherwise prove elusive
27.
In thinking about the important contributions that victims can make to transitional
justice measures, it is crucial not to obscure the fact that participation also imposes burdens
on them, in addition to those that they already carry by virtue of their past victimization.
Participation in transitional justice measures can involve security risks, social risks,
including stigmatization and isolation, economic costs and the risk of retraumatization,
among others. While some of these risks can be mitigated, in most circumstances it is
difficult to eliminate them totally. Ignoring these risks when designing participatory
processes would be tantamount to the instrumentalization of victims.
28.
A full analysis of victim participation in transitional justice measures calls for
making some distinctions that can be introduced in the present report but not used to the
extent that they merit. Participation can take place at any or all of the design,
implementation and monitoring stages of a transitional justice process. As will be seen,
participation can also take place through different modalities, ranging from qualitative and
quantitative consultations, workshops, seminars, community meetings, debates, focus
groups and in-depth interviews and quantitative tools such as surveys, to direct involvement
in transitional justice institutions.
29.
In talking about victim participation, it is easy to elide the deep differences that may
exist between different victim groups. Even in post-authoritarian settings, in which the
absolute majority of violations may have been the responsibility of a single agent, victims
have been seen to differentiate themselves on the basis of many grounds: by types of
violation, perceptions of salience (e.g., of having been particularly targeted), identity
markers such as urban/rural, student/worker and indigenous/non-indigenous, as well as
religious, ethnic, linguistic and political factors, to name a few. Failing to heed some of
these distinctions may defeat the purpose of participation. At the same time, incorporating
real and perceived distinctions between different types of victims in programme design and
implementation increases the magnitude of the challenges to the equal, non-discriminatory
treatment of all victims, risks entrenching distinctions that may not justify differential
treatment and, most importantly, may undermine the message that transitional justice
measures intend to send about the equality of rights of all.
30.
Finally, it is crucial to keep in mind that “victimhood” is only one dimension of the
complex identity of a victim and that while transitional justice measures are indeed meant
to provide recognition to victims and acknowledge the harm and suffering that they
endured, their main purpose is to provide recognition of their equal status as rights holders.
6
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