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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