A/HRC/34/62
on the Elimination of Discrimination against Women is particularly emphatic. 23 It has
formulated specific recommendations in relation to the planning and management of
resettlement, reintegration, rehabilitation and reparation programmes; 24 recommended the
adoption of temporary special measures for participation, such as quotas for women 25 and
capacity-building programmes for women. 26 The importance of women’s equal
participation and full involvement in transitional justice efforts is also enshrined in
landmark resolution 1325 (2000) of the Security Council on women, peace and security.
C.
Participation of victims in transitional justice measures
1.
Truth commissions
36.
It is easy to illustrate the important role of victim participation in transitional justice
measures by reference to truth commissions. All truth commissions depend on the
participation of victims primarily in statement-taking exercises, be they private (the
majority) or public (in hearings). While civil society organizations provide commissions
with information that is essential for the accounting of events and experts contribute
essential analysis, what makes truth commissions distinctive is their reliance on testimony
from the victims themselves.
37.
While far from perfect, efforts by truth commissions to collect testimonies from
victims have been impressive, particularly if one takes into account the effort to connect
with a constituency that is generally geographically dispersed and, for good reasons, not
immediately inclined to trust official mandates (even if truth commissions are independent).
To illustrate the magnitude of the undertaking in terms of numbers, in the mid-1980s, the
National Commission on the Disappeared in Argentina gathered 7,000 statements, 1,500
from survivors. 27 In the 1990s, the South African Truth and Reconciliation Commission
took the testimonies of approximately 21,000 victims, of whom 2,000 appeared at public
hearings. The Dialogue, Truth and Reconciliation Commission of Cote d’Ivoire, which
submitted its report in December 2014 to the President, reportedly collected about 72,000
statements from victims, of whom some 28,000 were women and 750 children; 80 public
hearings were held.
38.
This does not mean, however, that the role of victims in truth commissions is limited
to giving testimony. Victim participation has also proven to be important for commissions
in the following circumstances:
(a)
Advocating for the adoption of transitional justice measures, including truth
commissions. The road to justice in the aftermath of authoritarian repression, and especially
of conflict, is rarely straight. Most transitional regimes can be expected at some point to
waver in their commitments to justice, overestimating the risks of pursuing transitional
justice policies or the threats they pose to the continuity of the transition. Again and again,
victim groups and other civil society organizations have carried the burden of keeping the
issue on the agenda, sometimes at great risk. Even before the transition in Argentina, the
Madres and the Abuelas de la Plaza de Mayo fulfilled this advocacy role, a paradigm for
other groups. In less visible ways, in virtually all contexts in which mass violations of
human rights have taken place, thousands of individual victims or their family members
23
24
25
26
27
See, e.g., concluding observations on the Central African Republic (CEDAW/C/CAF/CO/1-5) and
Cyprus (CEDAW/C/CYP/CO/6-7).
In India (CEDAW/C/IND/CO/SP.1).
In the Syrian Arab Republic (CEDAW/C/SYR/CO/2).
In Afghanistan (CEDAW/C/AFG/CO/1-2).
See www.usip.org/publications/truth-commission-argentina.
9
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