A/HRC/12/18
page 2
Summary
The present analytical study on human rights and transitional justice is submitted pursuant
to resolution 9/10 of the Human Rights Council. The study first contains an overview of
activities undertaken by the Office of the United Nations High Commissioner for Human Rights
(OHCHR) field presences and human rights components of United Nations peacekeeping and
political missions. OHCHR has actively supported transitional justice programmes in more
than 20 countries around the world, offering human rights expertise during peace negotiations;
assisting in the design and implementation of transitional justice processes and mechanisms,
such as truth commissions and other fact-finding processes, prosecution initiatives, reparations
programmes and institutional reform; and providing conceptual and policy support at
headquarters.
The study also includes an examination of lessons learned and best practices, an
assessment of additional needs, as well as conclusions and recommendations. OHCHR continues
to explore new areas of transitional justice, based on recent developments in international law
and the needs of field presences, with a view to assisting post-conflict States. The study
discusses the relationship between justice and peace, including human rights and transitional
justice aspects of peace agreements. The study also explores the potential for more systematic
inclusion of economic, social and cultural rights in transitional justice mechanisms and
processes. Furthermore, the study considers the linkages between disarmament, demobilization
and reintegration, and transitional justice processes.
Finally, the study outlines additional areas for future exploration. Further understanding of
the human rights aspects of vetting processes, witness and victim protection during truth-seeking
processes and prosecution initiatives, and the relationship between traditional justice and
transitional justice mechanisms is needed to ensure that transitional justice programmes work
effectively to achieve justice, peace and reconciliation in post-conflict States.
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