A/HRC/42/45
27.
In many countries, victims are stigmatized and are perceived as “taking advantage”
of the situation, rather than as individuals who have suffered serious harm and are entitled
to reparation.
28.
Furthermore, States often act as if reparation were a policy choice, instead of the
fulfilment of an obligation owed to victims as a result of an unlawful breach of international
and domestic law.
29.
The Special Rapporteur would like to note the importance of the right to reparation
for victims of mass atrocities. As an entitlement, it serves a fundamental purpose of
responding to the harm suffered by victims through the provision of direct benefits that go
beyond compensation, and include restitution (if possible), satisfaction, rehabilitation and
guarantees of non-recurrence. The right to reparation is also important as a guarantee of
non-recurrence, as it helps perpetrators to understand that what they did was wrong and that
societies must undertake to dignify the victims. It will also allow victims to gain trust in the
State, to be acknowledged as rights holders, and, potentially, to be empowered. This will, in
turn, provide benefits to society.
30.
For the right to reparation to be fulfilled, it is essential that the State and any other
actors involved in the violations acknowledge their responsibility.
IV. Domestic reparation programmes
31.
Reparation programmes are aimed at realizing the human right of victims to an
adequate and effective remedy. They are administrative processes set up by States aiming
to deal with a large universe of victims, and they identify who can claim to be a victim and
what violations are to be redressed, and establish reparation measures (benefits) for the
harm suffered. 4 They are aimed at ensuring that victims are treated equally and in a
consistent manner, as victims who have suffered the same type of violation would benefit
from the same forms of reparation.
32.
Domestic reparation programmes are the most effective tool for victims of gross
human rights violations and serious violations of humanitarian law to receive reparation.
Without them, victims would have to prove their status in a court of law, including by
providing all the necessary evidence, pay the expensive costs of litigation, and wait several
years before their claim is, if at all, successful. 5
33.
Such programmes have been used in various parts of the world. They have dealt
with atrocities committed during repression, as in Argentina, Chile, Iraq or Morocco, or
during conflict, as in Bosnia Herzegovina, Colombia, Guatemala, Iraq or Sierra Leone.
Other reparation programmes (not really domestic in nature) have been set up to deal with
the harm caused as a result of conflict situations or occupation, such as the United Nations
Compensation Commission set up by the Security Council to deal with reparations to
victims of the Iraqi invasion of Kuwait.
34.
Domestic programmes could be adequate and effective remedies to provide
reparation to victims of mass atrocities, but they face enormous challenges. Institutionally,
they are fragile and weak, and depend on the political context of the country, the political
will of the relevant authorities, the availability of resources, and practical and institutional
concerns about how best to provide and implement reparation.
35.
The challenges are even greater in countries emerging from or still in the midst of
conflict. In such situations, setting up domestic reparation programmes implies dealing with
a significantly bigger pool of victims. If, during repressive regimes, victims represent about
1 per cent of the population, after conflicts there can be at least twice that number of
4
5
Rule-of-Law Tools for Post-Conflict States: Reparation Programmes (United Nations publication,
Sales No. E.08.XIV.3), pp. 9–10.
A/69/518, para. 4.
5
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