A/HRC/30/42
can mean once more taking part fully in society; for the perpetrator, it can mean
acknowledging and assuming responsibility. This transformation can help to avoid
cycles whereby “victims become perpetrators”, which perpetuate cycles of mass
violations. 57
102. While arguing for the anchoring of trauma counselling as a crucial element of
a State policy aimed at guaranteeing non-recurrence, the Special Rapporteur warns
against using psychosocial support to “water down” the importance of institutional
reform. Instead, trauma counselling and civil society efforts should be considered as
a “trigger-down mechanism” to ensure that institutional reform becomes truly
effective at the individual level.
VII. Observations and recommendations
103. The Special Rapporteur calls for more focused attention to the challenges
arising in areas of weak governance for the effective satisfaction of rights and in
particular to the challenges for protecting the rights of marginalized groups and
individuals. Significantly more work needs to be done normatively and
practically in order to protect the rights of individuals in such situations,
including civilians trapped in the cross-fire of a conflict.
Institutional level
104. The Special Rapporteur calls upon States to take the necessary measures,
in the aftermath of conflict and/or repression, to enable the registration of
births and give access to all to gain or regain their legal identity; and to increase
access to registration mechanisms, including through mobile registration units,
accessible at the local and community levels, with simplified procedures that are
reflective of the circumstances people face, for instance after displacement and
the fragmentation of families. Measures need to be taken to ensure access for
all, without discrimination, to a fully functional civil registration system that is
universal, compulsory, permanent, continuous and cost-free, that ensures the
confidentiality of personal data and is culturally sensitive, especially in relation
to religious or cultural circumstances regarding minorities and indigenous
groups.
105. He also calls upon States to adopt a non-recurrence policy that should
include the ratification of relevant treaties, avoiding or withdrawing
reservations that may defeat the purpose of the treaty. Ratification should be
followed by a strategy for incorporating the provisions effectively into domestic
law and their implementation. States should consider prioritizing the
ratification of targeted treaties that pertain to gross human rights violations and
serious violations of international humanitarian law, including torture, sexual
and gender-based violence, extrajudicial executions, arbitrary detentions,
enforced disappearances, institutionalized discrimination, forced displacement
and exile, and crimes amounting to crimes against humanity, war crimes and
57
See S. Servaes and N. Birtsch, “Engaging with victims and perpetrators in transitional justice and
peace building processes”, workshop report published by Working Group on Development and Peace
(FriEnt) and the Centre for Peacebuilding (KOFF) (October 2008). Available from
www.frient.de/nc/en/publications-service/documents/library/engaging-with-victims-and-perpetratorsin-transitional-justice-and-peace-building-processes.html.
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