A/HRC/18/23
III.
Relationship between disarmament, demobilization and
reintegration and transitional justice
56.
Transitional justice processes and DDR initiatives both play important roles in postconflict transitions and can contribute to preventing the recurrence of violations and
fostering reconciliation. They are both distinct and limited processes which should be
encouraged as part of a comprehensive framework of efforts in societies recovering from
conflict. These efforts have to be context-specific and inclusive of relevant stakeholders,
including State institutions and civil society. The relationship between DDR programmes
and transitional justice measures varies depending on the national context, nature of the
conflict and the manner in which it ended, and role of the international community, among
other factors.
57.
In some cases, the initiation of DDR programmes earlier in the post-conflict period
than the establishment of transitional justice processes can constrain their interconnections.
In other cases, this type of sequencing could be beneficial for both processes. DDR and
transitional justice processes also have different core constituencies, with DDR
programmes primarily directed at ex-combatants, and transitional justice processes focused
on victims and society more generally. When appropriately connected, however, DDR and
transitional justice can positively reinforce one another. DDR processes can contribute to
securing the stability necessary for implementing transitional justice mechanisms, and
transitional justice processes can strengthen the legitimacy and integrity of DDR initiatives
and facilitate reintegration.
58.
In all cases where the two processes coexist, coherent and constructive coordination
must be created that ensures, at a minimum, that DDR programmes and transitional justice
mechanisms do not hinder their respective objectives of maintaining stability and
promoting accountability, truth seeking and reconciliation. Coordination between
transitional justice and DDR practitioners should also aim to capitalize on opportunities for
linkages between DDR programmes and transitional justice mechanisms and to
constructively connect the two processes in ways that contribute to a just and sustainable
peace.
1.
Peace agreements
59.
Peace agreements provide an important opportunity to establish a framework linking
DDR and transitional justice. The political and security issues on the agenda of peace
agreements must be addressed in a manner that complies with international legal
obligations, including with regard to accountability, truth, reparations and guarantees of
non-recurrence. By including these obligations, peace agreements, at a minimum, keep the
door open to the later establishment of transitional justice mechanisms. The inclusion of
international legal obligations also signals to victims and their advocates that the violations
suffered by affected populations will not be disregarded, and may decrease initial
resentment towards ex-combatants. In particular, peace agreements must not provide for
amnesties for genocide, crimes against humanity, war crimes or gross violations of human
rights. Certain targeted amnesties for political offences, such as treason or rebellion,
however, may act as an incentive for demobilization, while allowing for the prosecution of
those responsible for serious violations of international humanitarian law and gross
violations of human rights, in compliance with international obligations. Where express
provision is made for the establishment of both transitional justice processes and DDR
programmes in a peace agreement, consideration should be given to establishing
institutional linkages between the two processes so as to provide a framework for effective
coordination in the post-conflict period.
15
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