A/HRC/18/23
establishment of the truth.8 OHCHR Colombia has monitored the implementation of the
Law and made recommendations for modifications regarding, inter alia, the extension of
the requirements of voluntary depositions to demobilized persons not processed under the
Law, the possibility of collective voluntary depositions, and the explicit indication that
depositions should be instrumental to the right to the truth.
19.
OHCHR Guatemala participates in a working group which aims to promote the
adoption of a draft law by Congress on the establishment of a national commission to
search for victims of enforced disappearance during the internal armed conflict.
Furthermore, OHCHR Guatemala has provided technical assistance to the Presidential
Commission for the Declassification of Military Archives.
2.
Prosecution initiatives
20.
Prosecution initiatives aim to ensure that those responsible for perpetrating serious
violations of human rights and international humanitarian law that constitute crimes are
tried and duly punished. States have primary responsibility to exercise jurisdiction over
these crimes.9 Therefore, a sustainable transitional justice strategy seeks to develop national
prosecutorial capacities. At the same time, States emerging from years of conflict may be
unable or unwilling to conduct effective investigations and prosecutions. In such situations,
international and internationalized criminal tribunals may exercise concurrent jurisdiction.
Regardless of their form, prosecution initiatives must rest on a clear commitment to combat
impunity, focus attention on the needs of the victims, and comply with international
standards relating to fair trial. OHCHR provides technical assistance and monitors
prosecution initiatives to ensure their compliance with international human rights standards.
(a)
Africa
21.
The United Nations Organization Stabilization Mission in the Democratic Republic
of the Congo (MONUSCO) has provided information and technical support relating to the
investigation and prosecution of certain high-profile human rights cases, and has monitored
the justice proceedings. In 2011, several trials involving allegations of human rights
violations, including rape, were held by military tribunals and resulted in a series of
convictions. The Joint Human Rights Office (JHRO) of MONUSCO, in collaboration with
international and national NGOs and other partners, provided technical and logistic support
to the authorities. While the convictions constitute a positive step towards combating
impunity, sexual violence remains a serious concern in the Democratic Republic of the
Congo. JHRO-MONUSCO continues to support the authorities in the fight against
impunity.
22.
HRS-UNIPSIL has participated in the projects related to the legacy of the Special
Court for Sierra Leone which are aimed at building the capacity of national stakeholders.
HRS also implements the United Nations Peacebuilding Fund project which provided seed
funding to establish a Peace Museum within the complex of the Special Court.
23.
During 2011, the War Crimes Division of the High Court of Uganda has been
preparing itself operationally to begin the trial of one member of the Lord Resistance Army
who had been captured during a Uganda People’s Defence Force operation. OHCHR has
provided technical support in developing guidelines on witness protection.
8
9
8
See A/HRC/16/22, para. 38.
See E/CN.4/2005/102/Add.1, principle 20.
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