A/HRC/RES/21/15
and human rights, and encouraging greater efforts to ensure that a gender perspective and a
victim-centred approach are fully integrated into all of these activities,
Welcoming also the increased integration of a human rights perspective, including
through activities of the Office of the High Commissioner in cooperation with other
relevant actors of the United Nations system, in the United Nations activities related to
transitional justice, as well as the importance given to the rule of law and transitional justice
by the High Commissioner and her Office, including its Rule of Law and Democracy Unit,
Stressing that the full range of civil, cultural, economic, political and social rights
should be taken into account in any transitional justice context in order to promote, inter
alia, the rule of law and accountability,
1.
Emphasizes the importance of a comprehensive approach to transitional
justice incorporating the full range of judicial and non-judicial measures, including, among
others, individual prosecutions, reparations, truth-seeking, institutional reform, vetting of
public employees and officials, or an appropriately conceived combination thereof, in order
to, inter alia, ensure accountability, serve justice, provide remedies to victims, promote
healing and reconciliation, establish independent oversight of the security system and
restore confidence in the institutions of the State and promote the rule of law in accordance
with international human rights law;
2.
Underlines that, when designing a transitional justice strategy, the specific
context of each situation has to be taken into account with a view to preventing the
recurrence of crises and future violations of human rights, and to ensure social cohesion,
institution-building, ownership and inclusiveness at the national and local levels;
3.
Also underlines that truth-seeking processes, such as truth and reconciliation
commissions, that investigate patterns of past human rights violations and their causes and
consequences are important tools that can complement judicial processes and that, when
established, such mechanisms have to be designed within a specific societal context and to
be founded on broad national consultations with the inclusion of victims and civil society,
including non-governmental organizations;
4.
Stresses the need within a sustainable transitional justice strategy to develop
national prosecutorial capacities that are based on a clear commitment to combat impunity,
to take into account the victim’s perspective and to ensure compliance with human rights
obligations concerning fair trials;
5.
Reaffirms the responsibility of States to comply with their relevant
obligations to prosecute those responsible for gross violations of human rights and serious
violations of international humanitarian law constituting crimes under international law,
with a view to end impunity;
6.
Calls upon States, in particular, to comply with their obligations under
applicable international law when prosecuting persons for gender-based and sexual
violence, to ensure that all victims of such violence have equal access to justice, and
stresses the importance of ending impunity for such acts as part of a comprehensive
approach to seeking truth, justice, reparation and guarantees of non-recurrence;
7.
Notes with interest the position of the Secretary-General that peace
agreements endorsed by the United Nations can never permit amnesties for genocide,
crimes against humanity, war crimes and gross violations of human rights;
8.
Reaffirms that remedies for gross violations of international human rights law
and serious violations of international humanitarian law include, as provided for under
international law, the victim’s right to:
(a)
Equal and effective access to justice;
3
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