A/HRC/36/50/Add.1
94.
The Special Rapporteur recommends that international supporters of
transitional justice:
(a)
As a matter of strategy, provide for balanced, long-term funding to
transitional justice and eschew unrealistic and short-term, project-oriented timelines,
and ensure that funding strategies pay proportionate attention to civil society (and
victim) roles in successful transitional justice initiatives;
(b)
Recognize the relevance of transitional justice to prevention of conflict,
achieving sustainable peace, and Sustainable Development Goal 16, and integrate
transitional justice into multilateral and bilateral frameworks touching on these
issues.
95.
The Special Rapporteur recommends that United Nations agencies:
(a)
Consolidate or harmonize rosters in the various agencies that work on
transitional justice, including OHCHR, the Department of Political Affairs, UNDP,
UN-Women, the Department of Peacekeeping Operations, UNICEF and others. Such
rosters can be drawn upon to activate essential expertise in tight windows of
opportunity. United Nations agencies should also ensure that roster members are
properly vetted for technical expertise and contextual knowledge;
(b)
Take steps to strengthen organizational competence to deliver on
transitional justice: United Nations agencies should develop joint strategies and
strengthen both headquarter- and field-level mechanisms for coordination on
transitional justice, for example, through the Global Focal Point for Police, Justice
and Corrections; the Rule of Law Unit in the Executive Office of the SecretaryGeneral; field-based strategy sessions linked to the Human Rights Up Front initiative;
or other relevant means. Inclusion of both levels is critical as each performs different
functions within the system. Additionally, United Nations agencies should improve
information sharing and develop a specific platform, with a dedicated owner, to
actively facilitate it; and, finally, develop accountability mechanism to track
implementation, follow-through on commitments, and outcomes;
(c)
In recognition of the relevance of transitional justice to prevention of
conflict, achieving sustainable peace and Sustainable Development Goal 16, take the
opportunity presented by initiatives relating to these issues to integrate transitional
justice into the relevant policy frameworks.
96.
The Special Rapporteur addresses the following recommendations to
intergovernmental bodies:
(a)
The universal periodic review processes in the Human Rights Council
afford greater possibilities to encourage countries to adopt transitional justice and to
mobilize the needed resources (technical and financial) from other countries for
implementing it. Given the affinities between transitional justice and preventive
strategies in general, this could be done as part of the proposal by the SecretaryGeneral to include support for prevention strategies as part of universal periodic
review discussions;
(b)
Reference to transitional justice in Security Council mandates should be
informed by contextual and political analysis and, in particular, the institutional
preconditions for successful implementation of complex transitional justice
engagements;
(c)
Decisions to include transitional justice as part of Security Council
mandates should be linked to clear and robust financing mechanisms;
(d)
An informal experts group on transitional justice should be established
to strengthen information flows to Security Council members from human rights
mandates holders, human rights bodies, civil society and other relevant actors.
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