A/HRC/39/53
significantly different characteristics to situations in which transitional justice measures
first originated (see A/HRC/36/50).
61.
Beyond this specific type of non-State actor, the Special Rapporteur will dedicate his
attention to the constructive role that other non-State actors can play in transitional settings,
including for example (transnational) companies, religious or other faith-based actors, the
media and artists. He believes that the productive potential of such actors has to date been
understudied and therefore underutilized.
62.
To illustrate, in a recent study conducted jointly by the mandate holder and the
Special Adviser of the Secretary-General on the Prevention of Genocide, the role of
religious leaders and actors in relation to the prevention of atrocity crimes was highlighted
(A/HRC/37/65, paras. 81–83), with specific reference to the Plan of Action for Religious
Leaders and Actors to Prevent Incitement to Violence that Could Lead to Atrocity Crimes. 2
63.
Because of the complexity relating to these different actors (transnational
companies, religious and faith-based actors, the media and artists), such issues may merit
the drafting of different types of thematic reports or the preparation of joint studies,
together with one or several special procedures of the Human Rights Council.
F.
Participation of victims and the question of ownership
64.
On the basis of the reports of the previous mandate holder on the themes of the
participation of victims in transitional justice measures, in which he studied the different
types of participation in relation to the four elements of the mandate and described the
conditions for success for such participation (A/HRC/34/62), and on national consultations
concerning the design and implementation of transitional justice measures, in which he
addressed preconditions for success of such national consultation, their operational
challenges, and their contribution to the legitimacy of transitions (see A/71/567), the
Special Rapporteur intends to address the question of the participation of victims and
victim-centredness as a cross-cutting issue that will transcend both his thematic and
country-related work.
65.
Inclusion and participation are two elements that aim at ensuring that transitional
justice measures respond and, indeed, redress the grievances of victims and affected
communities. It is the Special Rapporteur’s intention to work with relevant civil society
organizations and victims’ associations with a view to further identify factors that support
the eventual beneficial effects of participation for both victims and society at large. In this
connection, he also intends to consider more informal ways of participation — those that to
date have been invisible and therefore unaccounted for.
66.
Furthermore, the participation of victims is also likely to alter the dynamics with
regard to the ownership of the origins of transitional justice and their implementation. The
well-known and often proclaimed principle of “local ownership” deserves more detailed
elaboration in this connection, as do its ramifications for transitional justice processes as
they evolve. The Special Rapporteur intends to study the intersection of participation and
ownership throughout his mandate, specifically by drawing on recent examples observed in
different States, and related studies already conducted by practitioners.
G.
Transitional justice and the Sustainable Development Goals
67.
Justice has too often been traded off against short-term economic development and
the requirements of “stability”, with disregard for State obligations to provide
accountability for gross human rights violations. 3 Consequently, the previous mandate
2
3
10
See www.un.org/en/genocideprevention/documents/publications-andresources/Plan%20of%20Action_Religious_Prevent-Incite-WEB-rev3.pdf.
See also the statement made by the previous mandate holder to the Third Committee at the sixtyeighth session of the General Assembly on 25 October 2013, available from
https://papersmart.unmeetings.org/media2/703424/statement-by-mr-pablo-de-greiff-item-69.pdf.
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