A/HRC/12/50
restore confidence in the institutions of the State and promote the rule of law in accordance
with international human rights law;
5.
Underlines the fact that truth-seeking processes, such as truth and
reconciliation commissions, that investigate patterns of past human rights violations and
their causes and consequences are important tools that can complement judicial processes
and, when established, such mechanisms have to be designed within a specific societal
context and to be founded on broad national consultations with the inclusion of victims and
civil society, including non-governmental organizations;
6.
Stresses the need within a sustainable transitional justice strategy to develop
national prosecutorial capacities that are based on a clear commitment to combat impunity,
to take into account the victim’s perspective and to ensure compliance with human rights
obligations concerning fair trials;
7.
Reaffirms the responsibility of States to comply with their relevant
obligations to prosecute those responsible for gross violations of human rights and serious
violations of international humanitarian law constituting crimes under international law,
with a view to ending impunity;
8.
Notes with interest the conclusion of the Secretary-General that peace
agreements endorsed by the United Nations can never promise amnesties for genocide,
crimes against humanity, war crimes and gross violations of human rights;
9.
Emphasizes that a human rights approach should be incorporated into vetting
processes that are part of institutional reform aiming at preventing the recurrence of human
rights violations;
10.
Also emphasizes that justice, peace, democracy and development are
mutually reinforcing imperatives;
11.
Welcomes the fact that a growing number of peace agreements contain
provisions for transitional justice processes, such as truth-seeking, prosecution initiatives,
reparations programmes and institutional reform, and do not provide for blanket amnesties;
12.
Stresses the importance of a comprehensive process of national consultation,
particularly with those affected by human rights violations, in contributing to a holistic
transitional justice strategy that takes into account the particular circumstances of every
situation and is in conformity with human rights;
13.
Underlines the importance of giving vulnerable groups, including those
marginalized for political, socio-economic or other reasons, a voice in these processes and
to ensure that discrimination, the root causes of conflict and violations of all human rights,
including economic, social and cultural rights, are addressed;
14.
Recognizes the important role played in the realization of transitional justice
goals and in the reconstruction of the society, as well as in the promotion of the rule of law
and accountability, by:
(a)
Victims’ associations, human rights defenders and other actors of civil
society, as well as national human rights institutions created in conformity with the Paris
Principles;
(b)
Women’s organizations in the design, establishment and implementation of
transitional justice mechanisms, so as to ensure that women are represented in their
structures and that a gender perspective is reflected in their mandates and work;
(c)
Free and independent media in informing the public about the human rights
dimension in the area of transitional justice mechanisms locally, nationally and
internationally;
24
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