A/HRC/4/87
page 3
I. INTRODUCTION
1.
In its resolution 2005/70, the Commission on Human Rights requested the Office of the
United Nations High Commissioner for Human Rights (OHCHR) to submit, in consultation with
other parts of the United Nations system, civil society and other stakeholders, a study on
human rights and transitional justice activities undertaken by the human rights components of the
United Nations that would include an analysis of the work accomplished, a compilation of
lessons learned and best practices as well as conclusions and recommendations, with a view to
assisting countries in the context of transitional justice (para. 4). This study was submitted to the
Commission on Human Rights as document E/CN.4/2006/93 and, inter alia, indicated that future
reports would include a compilation of lessons learned and best practices.
2.
The present report is submitted pursuant to Human Rights Council decision 2/102
of 6 October 2006, requesting the High Commissioner for Human Rights to “continue with the
fulfilment of her activities, in accordance with all previous decisions adopted by the Commission
on Human Rights and to update the relevant reports and studies”. The present report outlines the
progress achieved by OHCHR in the development of lessons learned and best practices since the
last report to the Commission on Human Rights (E/CN.4/2006/93).
II. TRANSITIONAL JUSTICE
A. Concepts, frameworks and coordination
3.
In his report to the Security Council on the rule of law and transitional justice in conflict
and post-conflict societies, the Secretary-General defined the concept of transitional justice as
comprising “the full range of processes and mechanisms associated with a society’s attempts to
come to terms with the legacy of large-scale past abuses, in order to ensure accountability, serve
justice and achieve reconciliation” (S/2004/616, para. 8). According to this definition, such
processes and mechanisms include prosecutions, reparations, truth-seeking, institutional reform,
vetting and dismissals. In addition, the report emphasized that in the context of transitional
justice strategies must be “holistic, incorporating integrated attention to individual prosecutions,
reparations, truth-seeking, institutional reform, vetting and dismissals, or an appropriately
conceived combination thereof” (ibid., para. 26).
4.
At the country level, United Nations expertise on transitional justice issues can be found
within OHCHR field presences, and human rights and rule of law components of peacekeeping
missions. While most transitional justice-related issues are within the domain of the human
rights component of peacekeeping missions, rule of law components also have much to offer in
the context of judicial reform issues. Elsewhere, other United Nations agencies, funds and
programmes also engage in transitional justice-related activities. While OHCHR has the leading
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