A/HRC/39/53
80.
The Special Rapporteur stresses that the development of the mandate will be
undertaken in harmony with the human rights system of which it is part, ensuring
cross-fertilization while prioritizing a “pro-persona perspective” as hermeneutical
method.
81.
Working with all stakeholders in a continuing spirit of open dialogue, the
Special Rapporteur commits to provide through his work updated information
regarding aspects of each of the four elements of the mandate, including new
jurisprudence from relevant international, regional or national entities, and good
practices, which he deems important to share.
82.
The Special Rapporteur has identified and presents a preliminary outline of the
areas of interest that he intends to develop and assess throughout his term as mandate
holder. These areas relate to a broad array of issues, such as those at the core of the
transitional justice field, cross-cutting questions, and adjacent areas struggling with
similar challenges.
83.
As an overarching theme, the Special Rapporteur will focus his attention to the
fight against impunity and the (re-)establishment of trust as the overarching
objectives of transitional justice. He stresses that efforts must be re-directed at
increasing the effectiveness of justice procedures, underlining that the concept of
justice is not confined to but naturally includes criminal justice.
84.
Throughout his mandate, the Special Rapporteur intends to enhance
possibilities for sharing experiences and practices at the national and regional levels in
relation to the four elements of the mandate, with a human rights-based approach.
85.
In his future efforts, in particular in relation to guarantees of non-recurrence,
the Special Rapporteur intends to continue to move away from the merely “reactive”
approach, centred on institutions, towards a more “pro-active” one, to encompass
areas that go beyond those institutions that had directly committed the violations in
the first place. In this connection, the Special Rapporteur intends to focus his
attention on these broader areas that have preventive potential, especially in the field
of formal and informal education.
86.
Another key area of engagement relates to the strengthening of the gender
perspective in both thematic and country-related work. This will also include a full
thematic report in which the Special Rapporteur will thoroughly examine and identify
the multi-layered aspects relating to a gender perspective regarding the four elements
of the mandate.
87.
In relation to non-State actors, the Special Rapporteur intends to concentrate
on two issues: first, the impact of armed groups, in particular in weakly
institutionalized (post-)conflict settings, and ensuing questions regarding the adequacy
of transitional justice mechanisms; and second, an examination of the constructive
role that other non-State actors — such as companies (including transnational ones),
religious or other faith-based actors, the media and artists — can play to further the
goals of transitional justice.
88.
In addition, the Special Rapporteur will make efforts to further identify factors
relating to the beneficial effects of participation of victims and society at large, looking
at both formal and informal ways of participation. He will also consider the
intersection of participation and ownership, and related ramifications for transitional
justice processes.
89.
Regarding development, the Special Rapporteur intends to conduct a practiceoriented study on the aspects of transitional justice that are a precondition to and a
by-product of the implementation of the Sustainable Development Goals, on the basis
of the foundational work undertaken by the previous mandate holder.
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