A/HRC/40/CRP.1 youth, older people as well as internally displaced people as they remain the most vulnerable with their grievances barely being heard. Appropriate arrangements must be made to ensure that victims are able to participate in the consultations preceding the implementation of three transitional justice mechanisms meaningfully as well as in truth-seeking and in criminal proceedings before the HCSS. The dignity of victims as well as their right to information, right to privacy, and the right to protection and assistance must be ensured at all times. In particular, all efforts should be made to avoid re-traumatisation of victims and survivors. Solid witness protection programmes should be developed by both CTRH and HCSS in order to mitigate any risk of intimidation or threat towards the witnesses, and to prevent any attempts at witness tampering. 2. Goals of a Transitional Justice Framework In the aftermath of conflict or a period of repression, transitional justice mechanisms and processes are often adopted in pursuit of broader societal goals including the restoration of the fabric of society and, in the longer term, the attainment of the highest levels of human development. The overarching goal of the transitional justice framework is to contribute to sustainable peace and democracy. Indeed, Goal 16 of the Sustainable Development goals (SDGs) makes a link between social integration, justice and sustainable peace as essential preconditions for stability and the construction of an inclusive society. Accordingly, the transitional justice institutions and mechanisms are not ends in themselves but constitute a fundamental step to build the rule of law and sustainable peace. In this regard, the measures and institutions of transitional justice must contribute towards much-needed healing within the community, fostering the well-being of victims and imbuing in those who have suffered as a consequence of the conflict, a sense that they matter and are valued as communities and individuals with a restored equal citizenship. In promoting transitional justice measures society also holds out the hope for a better future where individuals can leave without fear of coming to harm at the hands of the states or other citizens. a) Reconciliation Reconciliation is a complex and multi-faceted concept, which has been understood and articulated differently in different contexts. Reconciliation as a concept can venture at multiple levels of human interaction, be it individual, interpersonal, socio-political or institutional levels.1462 Following the violent conflict, societies coming to terms with their past frequently find themselves in a situation of rebuilding the antagonized social fabric, which has been broken by years of discrimination, disadvantage, injustice and violence. As Lederach once wrote “an enemy is rooted and constructed in our hearts and minds and takes on social significance as others share in the creation.” 1463 Reconciliation is therefore an adaptive and dynamic process of healing and building, and the process of change and redefinition of relationships.1464 Transitional justice mechanisms contribute to this process of reconciliation and therefore the latter is often considered to be an ultimate and overpassing goal of transitional justice. Reconciliation combines the elements of truth, justice, reparations and healing1465 with and spiritual element of ‘forgiveness’ or ‘mercy’, which also often cited as a key to achieve reconciliation.1466 The latter is, however, closely linked to religions and traditions that vary between the contexts, countries and societies. Reconciliation can be easily obscured by an unfair juxtaposition of peace versus justice debate, in which the two are placed as mutually excluding concepts. However, peace and justice are two sides of the same coin and one cannot be fully achieved without another. Paul Seils, “The Place of Reconciliation in Transitional Justice: Conceptions and Misconceptions”, ICTJ Briefing Note, June 2017. 1463 Lederach, John Paul, The Colonel, The Journey Toward Reconciliation, (Herald Press, 1999). 1464 Lederach, John Paul, “Civil Society and Reconciliation,” in Chester A Crocker, Fen Osler Hampson and Pamela Aall (eds.): Turbulent Peace: the Challenges of Managing International Conflict, (Washington DC, USIP, 2001) pp. 842-47. 1465 D. Bloomfield, On Good Terms: Clarifying Reconciliation, Berghof Report No. 4, 2006; Quinn J R, Reconciliation(s): Transitional Justice in Postconflict Societies (McGill: Queen’s University Press, 2009). 1466 D. Bloomfield, On Good Terms: Clarifying Reconciliation, Berghof Report No. 4, 2006; Quinn J R, Reconciliation(s): Transitional Justice in Postconflict Societies (McGill: Queen’s University Press, 2009). 1462 181

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