A/HRC/RES/42/17
1.
Recognizes that States have the primary responsibility for the promotion and
protection of all human rights, including the responsibility to protect their populations from
genocide, war crimes, ethnic cleansing and crimes against humanity;
2.
Also recognizes that national efforts to sustain peace, with the support of the
international community as applicable, are necessary not only during conflict and in postconflict situations but also long before conflict breaks out, through the prevention of conflict
and addressing its root causes and by ensuring that the respect of human rights and efforts
for sustainable development can contribute to lasting peace;
3.
Encourages States to include best practices and lessons learned from
transitional justice processes in their efforts to realize Sustainable Development Goal 16 and,
where appropriate, to fund transitional justice measures as part of their development efforts;
4.
Condemns impunity for gross violations and abuses of human rights and
serious violations of international humanitarian law, including genocide, war crimes, ethnic
cleansing and crimes against humanity, emphasizes the responsibility of States to comply
with their obligations under international law to end impunity, and urges States to seek
sustainable peace, justice, truth and reconciliation through comprehensive transitional justice
strategies, in particular to thoroughly investigate and prosecute those responsible for such
violations and crimes, in order to avoid their recurrence, and to promote reconciliation at the
national level;
5.
Calls upon States, where relevant, to develop and implement comprehensive
transitional justice strategies and to establish judicial and non-judicial mechanisms in order
to address past atrocities, the needs of victims and their right to an effective remedy, and to
prevent their recurrence;
6.
Encourages States and regional and international organizations to
acknowledge and support the important role of civil society in addressing gross violations
and abuses of human rights and serious violations of international humanitarian law,
including genocide, war crimes, ethnic cleansing and crimes against humanity, and, where
relevant, in the promotion, implementation and monitoring of comprehensive transitional
justice approaches and efforts;
7.
Reaffirms the important role of women in the prevention, in mediation and the
resolution of conflicts, in peacebuilding and in development efforts, and stresses the
importance of their equal participation and full involvement in the design, establishment and
implementation of comprehensive transitional justice strategies;
8.
Emphasizes the need to provide gender-sensitive human rights training in the
context of transitional justice to all relevant national actors, including police, military,
intelligence and security services, prosecution staff and members of the judiciary, in dealing
with victims of human rights violations, particularly women and girls, in order to ensure
gender sensitivity in the restoration of the rule of law and transitional justice processes;
9.
Requests the Office of the United Nations High Commissioner for Human
Rights to examine in a report how addressing a legacy of gross violations and abuses of
human rights and serious violations of international humanitarian law through transitional
justice measures can contribute to sustaining peace and the realization of Sustainable
Development Goal 16, and to present the report to the Human Rights Council at its fortysixth session;
10.
Also requests the Office of the High Commissioner, in preparing the abovementioned report, to consult with States, relevant United Nations mandate holders, other
relevant entities of the United Nations Secretariat, relevant United Nations agencies, funds
and programmes, intergovernmental organizations, national human rights institutions, nongovernmental organizations and other relevant stakeholders, including practitioners;
11.
Decides to remain seized of the matter.
39th meeting
26 September 2019
[Adopted without a vote.]
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