A/HRC/12/18
page 4
I. INTRODUCTION
1.
In its resolution 9/10, the Human Rights Council 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, an analytical
study on human rights and transitional justice which contains an overview of activities
undertaken by the United Nations human rights system, including the human rights components
of peace missions, an analysis of the work accomplished, a compilation of lessons learned and
best practices, an assessment of overall needs, as well as conclusions and recommendations, with
a view to assisting countries in the context of transitional justice, as well as an inventory of
human rights and transitional justice aspects in recent peace agreements”. The present study is
submitted in accordance with that request. The inventory of human rights and transitional justice
aspects in post-2000 peace agreements is contained in the addendum to this study
(A/HRC/12/18/Add.1).
2.
The present study provides an overview of key transitional justice activities of OHCHR
field presences and human rights components of peacekeeping and political missions since 2006
(see E/CN.4/2006/93 and A/HRC/4/87). OHCHR would like to acknowledge input provided by
the United Nations Department of Peacekeeping Operations and the Department of Political
Affairs, Amnesty International and the research institute swisspeace. The study also analyses
current developments in the transitional justice field and presents recommendations based on
lessons learned and best practices. On 27 and 28 May 2009, OHCHR organized the Expert
Seminar on Developments and Future Directions of Transitional Justice, in Geneva. The
discussions at the Expert Seminar are reflected in the present study.
II. TRANSITIONAL JUSTICE
A. Concepts
3.
In his 2004 report to the Security Council on the rule of law and transitional justice in
conflict and post-conflict societies, the Secretary-General defined transitional justice as “the full
range of processes and mechanisms associated with a society’s attempts to come to terms with a
legacy of large-scale past abuses, in order to ensure accountability, serve justice and achieve
reconciliation” (S/2004/616, para. 8). Transitional justice consists of both judicial and
non-judicial processes and mechanisms, such as truth-seeking, prosecution initiatives,
reparations programmes, institutional reform, or an appropriate combination thereof.
Furthermore, transitional justice should seek to more comprehensively address the root causes of
conflicts and the related violations of all rights, including civil, political, economic, social and
cultural rights.1
1
See Louise Arbour, “Economic and social justice for societies in transition”, New York
University Journal of International Law and Politics, vol. 40, No. 1 (Fall 2007), pp. 26-27.
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