A/HRC/18/23
including with regard to conceptual and analytical work regarding transitional justice, and
to assist States, with their consent, to design, establish and implement transitional justice
mechanisms from a human rights perspective” (para. 20).
5.
In order to build the long-term institutional capacity of United Nations field
presences, transitional administrations and civil society to respond to transitional justice
demands, OHCHR has been producing the Rule-of-Law Tools for Post-Conflict States.3
The tools are grounded in international human rights law and contain lessons learned and
best practices from United Nations field operations. In 2010, OHCHR published the Tool
on National consultations on transitional justice, emphasizing that a comprehensive process
of national consultations is a crucial element for effective and sustainable transitional
justice strategies. It identifies the main applicable human rights instruments, discusses the
focus and form of consultations and considers various issues important for their conduct, as
well as reporting and follow-up.
6.
OHCHR also led the process of elaboration of the Guidance note of the SecretaryGeneral: United Nations approach to transitional justice, published in March 2010. The
guidance note provides a rights-based perspective on transitional justice and offers three
approaches for further strengthening the transitional justice activities of the United Nations,
including: (1) striving to take into account the root causes of conflict or repressive rule, and
address the related violations of all rights, including economic, social and cultural rights;
(2) taking human rights and transitional justice considerations into account during peace
processes; and (3) coordinating disarmament, demobilization and reintegration initiatives
with transitional justice processes in a positively reinforcing manner.
7.
OHCHR has been exploring and developing additional areas related to transitional
justice, taking into account the needs of United Nations field presences and emerging
international legal developments. In follow up to the Secretary-General’s guidance note,
and in order to address this emerging issue, OHCHR organized the Expert Workshop on
Experiences of Transitional Justice Processes in Dealing with Violations of Economic,
Social and Cultural Rights in Geneva in October 2010. The workshop considered various
experiences and assessed more comprehensively the potential of transitional justice
mechanisms and processes for dealing with violations of economic, social and cultural
rights, as well as challenges in this regard. In follow-up, OHCHR is currently developing a
special issues paper on this topic.
8.
OHCHR has also been exploring the linkages between DDR processes and
transitional justice. In 2009, the Inter-Agency Working Group on DDR published the
module, “Transitional Justice and DDR”4 as part of the Integrated Disarmament,
Demobilization and Reintegration Standards (IDDRS), the United Nations-wide guidance
on DDR. The module was developed by the Department of Peacekeeping Operations and
OHCHR, in cooperation with the International Center for Transitional Justice. Building on
the IDDRS module and the Secretary-General’s guidance note, OHCHR organized in
December 2010 the Expert Workshop on Maximizing Opportunities for Coordination
between DDR Initiatives and Transitional Justice Processes. The workshop assessed
selected experiences of DDR initiatives as they relate to transitional justice processes, and
further identified lessons learned in this context.5
3
4
5
See OHCHR, Rule-of-Law Tools for Post-Conflict States: Truth commissions; Prosecution
initiatives; Maximizing the legacy of hybrid tribunals; Vetting; Reparations programmes; Mapping
the justice sector; Legal systems monitoring; Amnesties.
See IDDRS, module 6.20, Transitional Justice and DDR, sect. 8.3, box 7 - Action points for DDR and
TJ practitioners.
See section B of this report for an analysis of the relationship between DDR and transitional justice.
5
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