A/HRC/9/15
page 7
6.
The TRC has functioned without the members of the International Technical Advisory
Committee (ITAC). The Office of the United Nations High Commissioner for Human Rights
(OHCHR) has in fact nominated a member but he is not yet in place. The Economic Community
Of West African States (ECOWAS) which is due to nominate the other two members of this
three-member committee, has not yet made any nominations.
7.
The extension of the mandate for three months to December 2008 is welcomed by
the independent expert and it is hoped that the Commission will produce a comprehensive
report which will include specific follow-up measures to ensure the timely and effective
implementation of its recommendations. These recommendations should include provisions on
reparation programmes and suggestions for reforms to prevent abuses in the future. This final
report should serve as the Commission’s most enduring legacy. It is imperative that a workplan
with identified benchmarks be developed so that this process can be concluded in an organized
and timely manner.
8.
It should be remembered however that the TRC is only one element of what should be
a comprehensive transitional justice strategy. The Government must also take steps to put
in place effective mechanisms and programmes to provide reparation, in all its forms, to citizens.
This is primarily the responsibility of the State and steps should be taken even before the
recommendations of the TRC are issued in its final report. The many victims, including those of
rape and sexual violence, are living with the consequences of the abuses suffered in that period.
Victims of rape in particular are now facing multiple discrimination. National reconciliation
must be vigorously pursued.
C. Independent National Commission on Human Rights
9.
The amendments to the enabling legislation which was first adopted in 2005 are presently
before the legislature. It is critical that any amendments do not compromise the independence of
the Commission and that the enabling legislation provide for a body that is in full compliance
with the Paris Principles as endorsed by the General Assembly in 1993.1 The independent expert
is encouraged by the engagement of civil society in this process and met with representatives of
civil society to discuss suggested changes to the proposed legislation amending the enabling act,
such as the power of the Commission to seek enforcement of its decisions where necessary, and
the establishment of criteria for the Commissioners.
10. The Commission will have several important functions including advising the Government
on the human rights situation and making recommendations. In particular the Commission will
reinforce the rule of law by enhancing an area that is often overlooked in the justice sector.
This relates to complaints in connection with the behaviour of Government officials that
may not rise to the level of crime but infringes on human rights and amounts to administrative
misconduct. It is important that the Government show commitment to addressing this area
1
Resolution 48/134.
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