A/HRC/18/23
filed. OHCHR has been following the process under the Justice and Peace Law and has
formulated recommendations for its modifications, with a view to improving possibilities
for the Law to serve as an instrument of judicial accountability.
30.
In 2008, OHCHR presented an amicus curiae brief to the Constitutional Court of
Guatemala in a case of enforced disappearance. Recognition in July 2009 by the
Constitutional Court of enforced disappearance as a continuing or permanent crime, in
accordance with international standards, led to a number of convictions by national courts.
OHCHR Guatemala provides training and technical assistance to the Human Rights Section
of the Public Prosecutors’ Office, as well as capacity-building for civil society
organizations that represent the victims of armed conflict and often play a significant role in
the investigation of past crimes and as civil parties in legal proceedings.
31.
In February 2011, the High Commissioner for Human Rights offered the authorities
in Haiti technical assistance towards the prosecution of persons responsible for serious
human rights violations committed from 1971 to 1986. The Human Rights Section (HRS)
of the United Nations Stabilization Mission in Haiti (MINUSTAH) has collaborated with
the national authorities and civil society in this regard.
3.
Reparations programmes
32.
Reparations programmes seek to redress systemic violations of human rights by
providing a range of material and symbolic benefits to victims. In its resolution 60/147,
Basic Principles and Guidelines on the Right to a Remedy and Reparation for Victims of
Gross Violations of International Human Rights Law and Serious Violations of
International Humanitarian Law, the General Assembly reaffirmed the right of victims to
reparations. Redress may take a variety of forms, including restitution, compensation,
rehabilitation, satisfaction, and guarantees of non-repetition. Experience has shown that the
most successful reparations programmes are designed in consultation with the affected
communities, particularly victims. OHCHR provides technical assistance in the design and
implementation of reparations programmes, supports the participation of civil society
organizations in reparations discussions, and advocates for the full implementation of
reparations initiatives.
(a)
Africa
33.
In Sudan, Darfur Compensation Commissions have been established to address
compensation claims from victims of the conflict, but a reparations policy has not yet been
developed. The Human Rights Section (HRS) of the African Union/United Nations Hybrid
Operation in Darfur (UNAMID) has provided training for members of the commissions,
including on victims’ right to a remedy and comparative experiences regarding reparations.
34.
In 2010, the High Commissioner convened a High-level Panel to hear directly from
victims of sexual violence in the Democratic Republic of the Congo regarding their needs
and perception of remedies and reparations available to them. The report of the Panel was
presented in the margins of the Human Rights Council session in March 2011. In followup, JHRO-MONUSCO plans to work with national authorities and other relevant
stakeholders to assist in developing options for reparations for victims of sexual violence.
35.
HRPS-UNMIL has continued to be involved in awareness-raising and sensitization
discussions regarding reparations in Liberia, with a view to ensuring that various types of
reparations are taken into account.
36.
In Sierra Leone, HRS-UNIPSIL, through the United Nations Peacebuilding Fund,
has supported the establishment of reparations programmes which have conducted
symbolic community reparations events and delivered partial benefits to 20,000 of the
32,000 registered victims. The National Trust Fund for Victims was established to facilitate
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