A/HRC/39/53
holder made the case for firmly anchoring justice and right-related concerns in the new
post-2015 development agenda. In his report to the General Assembly (A/68/345), he
explained that justice, security and development could not be promoted one at the expense
of the other, and highlighted the development potential of measures underpinning the four
elements of the mandate.
68.
Gross human rights violations or serious violations of international humanitarian law
affect not just direct victims but “spill over” to society as a whole, magnifying their
negative impact. 4 Massive human rights violations leave in their wake conditions that
hamper development, such as a weak sense of people as rights-bearers and deep social
mistrust (see paras. 35–38 above).
69.
Transitional justice and human development aim at building just, peaceful and
inclusive societies, and therefore complement and mutually reinforce each other. Past
development frameworks have hailed development success stories in countries otherwise
affected by large-scale deficits in security, justice and rights. Experience has demonstrated,
however, that narrow development efforts that exclude considerations pertaining to justice
or rights fail to achieve sustainable human development.
70.
The development discipline has progressed significantly since the days when
development was considered to be merely a matter of economic growth to the current
conceptualization of human development that also includes aspects relating to institutional
design, good governance, peace and security, and also to broader indicators of well-being.
The development sector now understands that, in transitional settings, transitional justice
measures can help to construct societies based on the rule of law and that can foster human
development. This shift had led to greater attention being paid to the nexus between the rule
of law, rights and development. Development actors also increasingly engage to empower
civil society to exercise its rights and to participate in policymaking. Furthermore,
transitional justice and development actors increasingly work together to address the root
causes of conflict and violence that often lie at the heart of economic and social exclusion,
discrimination and inequality.5
71.
While past development frameworks, including the Millennium Development Goals,
have failed to track either existing legal obligations or popular aspirations relating to
justice, the Sustainable Development Goals adopted in 2015 introduced in its Goal 16 a
number of targets that are directly related to transitional justice aims; such as:
• Promoting the rule of law and ensuring equal access to justice
• Developing effective, accountable, and transparent institutions
• Reducing all forms of violence
• Reducing corruption and strengthening the recovery and return of stolen assets
• Ensuring responsive, inclusive and participatory decision-making at all levels
• Ensuring public access to information
72.
Comprehensive transitional justice measures can also contribute to other Sustainable
Development Goals, such as ensuring inclusive and equitable quality education (Goal 4),
achieving gender equality and empowering all women and girls (Goal 5), and reducing
inequality within and among countries. The nexus between education and transitional
justice has been explored above. Addressing laws, practices and institutions that reproduce
gender imbalances and violence is also a vital aspect of transitional processes. Because of
the disproportionate impact of human rights abuses on women, it is important to ensure that
development and transitional justice process have a transformational impact on women’s
lives. In addition, transitional justice processes can help to reduce inequality and
4
5
Ibid.
See UNDP, “Helen Clark: A Role for Development in Transitional Justice: the Arab Spring and
Beyond”, 14 November 2011.
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