A/HRC/39/53
B.
National and regional experiences and practices regarding the four
elements of the mandate
38.
On the basis of the foundational work of the previous mandate holder with regard to
the four elements of the mandate, the Special Rapporteur intends to increase possibilities
for the sharing of experiences and practices at the domestic or regional levels in relation to
transitional justice measures, with a human rights-based approach. The sharing of
experience in different initiatives, including regional approaches, will allow States in
transition to have an overview of possible and already tested options, and therefore be
better equipped to adapt those options to the particular situation at hand.
39.
The Special Rapporteur will address this objective in his report on practical
experiences in reparations, which he will submit to the Human Rights Council in 2019.
C.
Further development of the area of guarantees of non-recurrence
40.
As outlined in the updated set of principles for the protection and promotion of
human rights through action to combat impunity (E/CN.4/2005/102/Add.1), guarantees of
non-recurrence are an integral part of reparation and redress for victims.
41.
When the Human Rights Council established the mandate in its resolution 18/7, it its
emphasized the adoption of guarantees of non-recurrence within, or of, the entities that had
themselves committed gross violations of human rights and serious violations of
international humanitarian law. It also made specific reference to institutional reform and
the vetting of public employees and officials.
1.
A proactive approach to non-recurrence
42.
Since the adoption of the set of principles for the protection and promotion of human
rights through action to combat impunity, the transitional justice debate has gradually
moved away from the concept of “guarantees of non-recurrence” as covering solely
institutional reforms and vetting. In several reports submitted by the previous mandate
holder to the Human Rights Council and the General Assembly, he suggested that the
concept of guarantees of non-recurrence should be viewed on three different levels: on that
of official State institutions, of civil society, and of the spheres of culture and personal
dispositions (see A/HRC/30/42, A/72/523 and A/HRC/37/65).
43.
Building on the call made by the previous mandate holder for a broad preventive
framework, the Special Rapporteur intends to move away from a “reactive” approach, is
centred on institutions, towards a more “proactive” one that encompasses fields and areas
that go well beyond the institutions that had committed the violations in the first place.
44.
This is reflective of the fact that, in many contexts, the United Nations and regional
and bilateral actors have come to realize that transitional justice and preventive initiatives
centred on institutions, as important as they might be, have hardly ever reached the level of
the broader society, let alone the grass-roots level. Such an institutions-heavy focus has the
potential to exclude parts of society that are crucial to efforts to re-establish trust, including
at the local community level.
45.
It is in this connection that the Special Rapporteur intends to focus his attention on
these broader fields that bear a preventive potential, in particular the field of formal and
informal education.
2.
Enhancing the focus on the field of cultural and individual dispositions: education,
arts and culture
46.
Education plays an important role in society by transmitting established knowledge
and shared culture. In situations of transition from conflict or authoritarian regimes,
education can contribute to social cohesion and peace by facilitating the transmission of
memory about past events, engaging society — especially the younger generations — in a
dialogue about those events, and promoting a culture of human rights and democracy.
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