A/HRC/12/18
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lessons learned, additional needs and the future of transitional justice. The participants discussed
the relationship between justice and peace, and economic and social justice for countries in
transition, as well as areas for further study.
C. Activities of United Nations human rights field presences
1. Truth-seeking
8.
Truth-seeking processes assist post-conflict States investigate past human rights violations.
The right of individuals to know the truth about these violations is supported by several treaty
bodies, regional courts and international tribunals (see E/CN.4/2004/88 and E/CN.4/2006/91).
Truth-seeking processes are undertaken by truth commissions, commissions of inquiry, or other
fact-finding mechanisms (see E/CN.4/2005/102/Add.1, principles 6-13). Truth commissions are
non-judicial investigative bodies which map patterns of past violence and unearth the causes and
consequences of these destructive events. Commissions of inquiry and other fact-finding
mechanisms similarly seek to unravel the truth behind allegations of past human rights abuses,
but operate under more narrowly defined mandates. Each truth commission is a unique
institution, designed within a specific societal context, and should be founded on national
consultations with the inclusion of victims and civil society organizations. OHCHR assists in the
design and establishment of truth commissions, including by sharing applicable standards and
best practices. OHCHR also supports the work of commissions of inquiry and undertakes
fact-finding missions.
(a)
Africa
9.
From July 2008 to June 2009, OHCHR, in collaboration with the Department of
Peacekeeping Operations and the United Nations Development Programme (UNDP), conducted
a mapping exercise to document serious violations of human rights and international
humanitarian law committed in the Democratic Republic of the Congo between March 1993
and June 2003. The mapping exercise will outline the pattern of past human rights abuses, assess
national judicial capacities to combat impunity, and present recommendations for the
implementation of transitional justice mechanisms.
10. The power-sharing agreement of March 2008 in Kenya provides for the establishment of
the Commission of Inquiry into Post-Election Violence and the Truth, Justice and Reconciliation
Commission (TJRC). The former issued its report in October 2008, documenting cases of
post-election violence and recommending the establishment of a special tribunal and
comprehensive police reform. In February 2009, the Kenyan Parliament failed to approve a
constitutional amendment bill to establish the special tribunal. TJRC was established by law in
November 2008. OHCHR commented on various drafts of the TJRC Bill, drawing attention to
the need, inter alia, to amend clauses granting amnesty and jeopardizing the independence of the
Commission. The OHCHR presence in Kenya supports civil society efforts to operationalize
provisions of the TJRC Act in accordance with international standards. In February 2009, the
OHCHR presence in Kenya, in partnership with the Federation of Women Lawyers in Kenya and
the Urgent Action Fund-Africa, organized a workshop to review the process to establish TJRC
and the engagement of women’s non-governmental organizations (NGOs). The OHCHR
presence in Kenya is also in the process of establishing a reference group composed of
representatives from various sectors of Kenyan society to discuss TJRC.
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