A/HRC/43/18 Transitional justice policies that seek to strategically pursue truth, justice, reparations and guarantees of non-recurrence have helped many deeply divided societies advance peacebuilding and reconciliation in a victim-centred manner. In Myanmar, such a process could help to achieve the societal transformation that is required to break the cycles of violence and systemic human rights abuse, and building a foundation for sustainable peace and development. In addition to ensuring accountability, such a process should include national consultations, trauma-healing, memorialization, revision of educational curricula including teaching of history, truth-seeking initiatives, reparation programmes, community reconciliation initiatives, institutional reforms, etc. It is essential that victims, affected communities and broader civil society are given opportunity to take an active role in designing and implementing such strategy and process. 41. The importance of an adequate, effective and comprehensive reparation programme cannot be overstated, as a tangible means to remedy the harm suffered by victims, but also as a recognition of the responsibility of the State and a powerful message of a commitment to positive change. Reparations programmes that combine different kinds of benefits are generally considered more effective, including forms of material (e.g. compensation, provisions for education, health and housing) and symbolic reparation (e.g. official apologies, commemoration initiatives, rehabilitation). Such programmes can include individual and collective measures, benefitting entire communities. Pending the development of such a comprehensive programme, emergency relief measures should be considered to address the urgent needs of victims and avoid exposing them to further harm. Effective participation and consultation of victims, taking into account the need for an intersectional approach to overcoming exclusion, in the design and implementation of such programmes is critical. 42. The full achievement of the rule of law, human rights, and democratic principles requires fundamental structural reforms to ensure the non-recurrence of systematic human rights violations. Without changes in the underlying, structural political, economic and societal conditions that have contributed to systemic human rights abuse, development and peace building efforts will remain ineffective. 43. In addition to constitutional reforms, security sector and judicial reforms, creating conditions for a vibrant and free civil society to thrive, are indispensable. The degree of success of any constitutional reform, the peace process and national reconciliation will be measured by the level of trust, ownership and legitimacy conferred on them by all stakeholders, particularly minority communities. It is therefore paramount that these processes are firmly grounded in a participatory approach through meaningful, public, transparent, and institutionalized consultations with the widest possible range of actors to facilitate social cohesion across multiple identity markers, such as ethnicity, religion and gender65. The role of coalitions or networks of civil society organizations that go beyond the traditional ethnic and religious identity lines, such as women’s groups, are critical in countering the dominant narrative and in building understanding among communities. 44. The role of the international community is to assist and encourage, to provide the necessary resources and share knowledge and experience that may be relevant to the Myanmar context, while taking a strictly principled position that prioritizes a human rightsbased, victim-centred and conflict sensitive approach. Ultimately, the reforms must be guided by, and belong to, the people of Myanmar, in all their diversity. Recommendations 45. OHCHR reiterates the recommendations contained in previous reports by the High Commissioner66 and other human rights mechanisms, including the Special Rapporteur on 65 In this regard, it is important to draw on the United Nations Security Council resolution 1325 (2000) on women and peace and security and general recommendation No. 30 (2013) on women in conflict prevention, conflict and post-conflict situations of the Committee on the Elimination of All Forms of Discrimination against Women, “Analyzing the Principle of Gender Equality adopted by Union Peace Conference” by Women’s League of Burma, 2018, is also a useful resource. 13

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