A/HRC/21/65
with physical rehabilitation, material support, and/or psychological rehabilitation to victims
and their families in situations where the Court was active.
16.
In his follow-up intervention, Mr. Dolan expressed doubts as to the effectiveness of
the Trust Fund for Victims in ensuring the transformative nature of reparations, especially
as it did not adequately address the collective nature of mass violence. Mr. Dolan called for
a shift in the prioritization of resources by the international community and by States,
irrespective of whether a country was resource poor or resource rich. He cited the example
of Sierra Leone, where the ratio of spending on prosecution as opposed to reparation was
100 to 1 – with $300 million spent for the Special Court and $3 million devoted to the
reparation programme. That amounted to $35,000 per prosecution and $80 per victim.
17.
Ms. Guerrero underlined that the lack of development could not be used as an
excuse by States for lack of reparations, as they had a legal obligation in that sense and
access to justice was essential for development and sustainable peace.
D.
Remedies in traditional and informal justice processes
18.
The Special Rapporteur in the field of cultural rights, Farida Shaheed, affirmed that
mechanisms for reparations should strive to have a transformative potential so as to subvert
rather than reinforce pre-existing patterns of structural subordination and systemic
hierarchies. She noted that many informal justice models, ranging from those that operated
independently of the justice system to fully institutionalized programmes, were built on
foundations that had historically excluded women and had made it almost impossible for
women to articulate their issues or to participate in decisions that had an impact on their
rights. Ms. Shaheed expressed concern that those alternative forums may be replicating
State subordination by providing legitimacy to non-formal influential groups, often without
provision for appealing decisions. Care should, therefore, be taken to monitor customary
dispute-resolution mechanisms to ensure that women are integrated and play an active role
in the design, implementation and monitoring of those mechanisms.
19.
Ms. Shaheed stressed that issues of cultural sensitivity and cultural heritage could
also impact on the implementation of non-formal justice mechanisms. For example, in
many countries where there were multiple alternative systems of dispute resolutions, the
decisions relating to which mechanisms and violations were sanctioned by the State further
facilitated and entrenched existing discriminatory practices. She urged States to take those
factors into account when considering and identifying culturally appropriate mechanisms.
Ms. Shaheed called for further focus on transformative reparations that would not only
address violence against women but also assess the outcomes and the impact on women of
the implementation of reparation decisions.
20.
With regard to non-formal justice mechanisms and administrative reparation orders,
Ms. Ferstman noted that although significant progress had been made in developing a
normative legal framework for ensuring that remedies were effective, prompt and specific,
there continued to be a dichotomy between advancements in norms at the judicial level and
decisions emanating from non-formal processes, most notably their frequent failure to
protect women’s rights. It was critical, therefore, that States factor in that dichotomy when
adopting or endorsing non-formal justice mechanisms.
E.
Comments from States and non-governmental organizations on good
practices and challenges
21.
In the ensuing discussion, 35 State representatives, two United Nations entities and
five representatives from non-governmental organizations made statements. Speakers
6
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