RES/33/19 Human rights and transitional justice

GE.16-17223(E)



Human Rights Council Thirty-third session

Agenda item 3

Resolution adopted by the Human Rights Council on 30 September 2016

33/19. Human rights and transitional justice

The Human Rights Council,

Guided by the purposes and principles of the Charter of the United Nations,

Reaffirming the Universal Declaration of Human Rights, the International Covenant

on Economic, Social and Cultural Rights, the International Covenant on Civil and Political

Rights, the Geneva Conventions of 12 August 1949 and the Additional Protocols thereto of

8 June 1977, other relevant international human rights law and international humanitarian

law instruments and the Vienna Declaration and Programme of Action,

Reaffirming also the significance of the Convention on the Prevention and

Punishment of the Crime of Genocide and the Convention on the Non-Applicability of

Statutory Limitations to War Crimes and Crimes against Humanity as effective

international instruments for the prevention and punishment of genocide, war crimes and

crimes against humanity,

Recalling the set of principles for the protection and promotion of human rights

through action to combat impunity,1 and the updated version of those principles,2

Recalling also General Assembly resolution 60/147 of 16 December 2005, in which

the Assembly adopted the 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,

Recalling further Commission on Human Rights resolutions 2005/70 of 20 April

2005, on human rights and transitional justice, 2005/81 of 21 April 2005, on impunity, and

2005/66 of 20 April 2005, on the right to the truth, Human Rights Council resolutions 9/10

of 24 September 2008, 12/11 of 1 October 2009 and 21/15 of 27 September 2012, on

human rights and transitional justice, 9/11 of 18 September 2008, 12/12 of 1 October 2009

and 21/7 of 27 September 2012, on the right to the truth, 10/26 of 27 March 2009 and 15/5

of 29 September 2010, on forensic genetics, and Council decisions 2/105 of 27 November

1 E/CN.4/Sub.2/1997/20/Rev.1, annex II.

2 E/CN.4/2005/102/Add.1.

United Nations A/HRC/RES/33/19

General Assembly

2006, on the right to the truth, and 4/102 of 23 March 2007, on transitional justice, General

Assembly resolution 68/165 of 18 December 2013, on the right to the truth, and Council

resolutions 18/7 of 29 September 2011 and 27/3 of 25 September 2014, on the Special

Rapporteur on the promotion of truth, justice, reparation and guarantees of non-recurrence,

Recalling the 2005 World Summit Outcome,3 especially paragraphs 138 and 139

thereof, in which all Heads of States and Governments affirmed that each individual State

has the responsibility to protect its populations from genocide, war crimes, ethnic cleansing

and crimes against humanity, and that this responsibility entails the prevention of such

crimes,

Recalling also the report of the Secretary-General on the rule of law and transitional

justice in conflict and post-conflict societies4 and his follow-up report on the same topic,5

including the relevant recommendations contained therein, and his reports issued in 2006,6

2012,7 20138 and 20149 outlining a programme of action to enhance the effectiveness of the

support provided by the United Nations system for the promotion of the rule of law in

conflict and post-conflict situations,

Noting the first and second international meetings of Global Action Against Mass

Atrocity Crimes, held in San José, from 4 to 6 March 2014, and in Manila, from 2 to 4

February 2016,

Recalling General Assembly resolution 70/262 of 27 April 2016 on the review of the

United Nations peacebuilding architecture, and Security Council resolution 2282 (2016) of

27 April 2016, in which the Assembly and the Council, inter alia, stress that a

comprehensive approach to transitional justice, including the promotion of healing and

reconciliation, a professional, accountable and effective security sector, including through

its reform, and inclusive and effective demobilization, disarmament and reintegration

programmes, including the transition from demobilization and disarmament to

reintegration, are critical to the consolidation of peace and stability, promoting poverty

reduction, the rule of law, access to justice and good governance, further extending

legitimate State authority and preventing countries from lapsing or relapsing into conflict,

Taking note of the work conducted by the International Law Commission on the

topic of “crimes against humanity”,

Affirming that impunity for gross violations and abuses of human rights and serious

violations of international humanitarian law, including genocide, war crimes, ethnic

cleansing and crimes against humanity, encourages their recurrence and is a fundamental

obstacle to sustainable peace at the national level, and also to the furtherance of cooperation

among peoples and the promotion of international peace and security, and that fighting

impunity for such violations, abuses and crimes is an important factor for their deterrence

and prevention,

Noting with concern that attempts to deny or to justify such crimes may risk

undermining the fight against impunity, reconciliation and efforts to prevent such crimes,

3 General Assembly resolution 60/1.

4 S/2004/616.

5 S/2011/634.

6 A/61/636-S/2006/980 and Corr.1.

7 A/66/749.

8 S/2013/341.

9 A/68/213/Add.1 and A/69/181.

Underlining that past or current gross violations and abuses of human rights and

serious violations of international humanitarian law, and including those amounting to

genocide, war crimes, ethnic cleansing and crimes against humanity, particularly if

assuming an early pattern of conduct, create a risk of further violations when they have not

been prevented, punished or adequately addressed,

Acknowledging that the fight against impunity and the implementation of transitional

justice processes, including the promotion of truth, justice, reparation and guarantees of

non-recurrence, can prevent the recurrence of past atrocities or similar violations,

Recognizing that justice processes, including public trials, memorialization

processes and the preservation of archives and other reliable evidence concerning gross

violations and abuses of human rights and serious violations of international humanitarian

law, including genocide, war crimes, ethnic cleansing and crimes against humanity, ensure

that such crimes are never forgotten and contribute to the prevention of the recurrence of

these crimes or similar violations and abuses,

Recognizing also the importance of assisting States that have undergone past

atrocities, upon their request and in cooperation with them, to devise a national

comprehensive transitional justice strategy with a view to addressing the needs of victims

and their right to an effective remedy, to preventing the recurrence of past atrocities or

similar violations, to avoiding relapsing into conflict or other forms of violence, and to

ensuring sustainable peace and reconciliation,

Condemning impunity for gross violations and abuses of human rights and serious

violations of international humanitarian law, including genocide, war crimes, ethnic

cleansing and crimes against humanity, and emphasizing the responsibility of States to

comply with their obligations under relevant international instruments to end impunity and,

to that end, to investigate thoroughly and to prosecute those responsible for such violations

and crimes and address the right of victims to an effective remedy in order to avoid the

recurrence of similar violations and to seek sustainable peace, justice, truth and

reconciliation, and in this regard stressing also the importance of strengthening the capacity

of domestic jurisdictions and inter-State cooperation,

Recognizing the role of the International Criminal Court in a multilateral system that

aims to end impunity, establish the rule of law, promote and encourage respect for human

rights and international humanitarian law and achieve sustainable peace, in accordance with

international law and the purposes and principles of the Charter,

Recognizing also the fundamental role of civil society, through its engagement,

advocacy and participation in decision-making processes, in preventing the commission of

gross violations and abuses of human rights and serious violations of international

humanitarian law, including genocide, war crimes, ethnic cleansing and crimes against

humanity, or in addressing their legacy by promoting the right to the truth, justice,

reparation and guarantees of non-recurrence,

Underlining the fact that, when designing and implementing strategies, policies and

measures to address gross violations and abuses of human rights and serious violations of

international humanitarian law, including genocide, war crimes, ethnic cleansing and

crimes against humanity, the specific context of each situation must be taken into account

with a view to preventing the recurrence of future violations and to ensure social cohesion,

nation-building, ownership and inclusiveness at the national and local levels with a view to

promoting reconciliation,

Emphasizing the importance of a comprehensive approach to transitional justice

incorporating the full range of judicial and non-judicial measures, including, among others,

individual prosecutions, reparations, truth-seeking, institutional reform, the vetting of

public employees and officials, memorialization initiatives, and processes to achieve shared

narratives or an appropriately conceived combination thereof, in order to, inter alia, ensure

accountability, serve justice, provide remedies to victims, promote healing and

reconciliation, establish independent oversight of the security system, restore confidence in

the institutions of the State and promote the rule of law in accordance with international

human rights law,

Welcoming the activities of the United Nations, including through its field presences,

in assisting States to design, establish and implement transitional justice mechanisms and to

promote the rule of law, and its conceptual and analytical work on transitional justice and

human rights, and encouraging greater efforts to ensure that a gender perspective and a

victim-centred approach are fully integrated into all of these activities,

Taking note with appreciation of the work and reports of the Special Rapporteur on

the promotion of truth, justice, reparation and guarantees of non-recurrence,

Taking note of the overall work developed by the Office of the Special Advisers of

the Secretary-General on the Prevention of Genocide and the Responsibility to Protect,

including the Framework of Analysis for Atrocity Crimes as one of the tools to assess the

risk of genocide, war crimes, ethnic cleansing and crimes against humanity in any situation,

1. Reiterates the responsibility of each individual State to protect its population

from genocide, war crimes, ethnic cleansing and crimes against humanity, which entails the

prevention of such crimes, including their incitement, through appropriate and necessary

means;

2. Condemns impunity for gross violations and abuses of human rights and

serious violations of international humanitarian law, including genocide, war crimes, ethnic

cleansing and crimes against humanity, emphasizes the responsibility of States to comply

with their obligations under international law to end impunity, and urges States to seek

sustainable peace, justice, truth and reconciliation through comprehensive transitional

justice strategies, in particular to investigate thoroughly and prosecute those responsible for

such violations and crimes, in order to avoid their recurrence and promote reconciliation at

the national level;

3. Acknowledges the significant progress made by the international community,

including within the United Nations system, in developing relevant mechanisms and

practices to prevent incitement to and the commission of genocide, war crimes, ethnic

cleansing and crimes against humanity, the development of comprehensive transitional

justice strategies, including the punishment of gross violations and abuses of human rights

and serious violations of international humanitarian law, and emphasizes in this context the

important role of national, subregional, regional and international efforts to prevent and

address the legacy of these crimes, violations and abuses and therefore the necessity to

strengthen the capacity of domestic efforts, jurisdictions and inter-State cooperation;

4. Calls upon States, where relevant, to develop comprehensive transitional

justice strategies and to establish judicial and non-judicial mechanisms in order to address

past atrocities, the needs of victims and their right to an effective remedy, and to prevent

their recurrence;

5. Encourages States and international organizations to acknowledge and

support the important role of civil society in the prevention of gross violations and abuses

of human rights and serious violations of international humanitarian law, including

genocide, war crimes, ethnic cleansing and crimes against humanity, and, where relevant, in

the promotion and monitoring of comprehensive transitional justice approaches and efforts;

6. Reaffirms the important role of women in the prevention and resolution of

conflicts and in peacebuilding, and stresses the importance of their equal participation and

full involvement in the design, establishment and implementation of comprehensive

transitional justice strategies;

7. Calls upon States to work to prevent potential situations that could result in

gross violations and abuses of human rights and serious violations of international

humanitarian law, in particular genocide, war crimes, ethnic cleansing and crimes against

humanity, and, in relevant contexts, to timely and efficiently address the legacy of past

atrocities in order to prevent their recurrence, including through cooperation with the Office

of the Special Advisers of the Secretary-General on the Prevention of Genocide and the

Responsibility to Protect and the Special Rapporteur on the promotion of truth, justice,

reparation and guarantees of non-recurrence;

8. Requests the Special Rapporteur on the promotion of truth, justice, reparation

and guarantees of non-recurrence and the Special Adviser of the Secretary-General on the

Prevention of Genocide to prepare a joint study on the contribution of transitional justice to

the prevention of gross violations and abuses of human rights and serious violations of

international humanitarian law, including genocide, war crimes, ethnic cleansing and

crimes against humanity, and their recurrence, to be presented to the Human Rights Council

at its thirty-seventh session;

9. Also requests the Special Rapporteur and the Special Adviser, in preparing

the above-mentioned study, to seek the views of States, relevant United Nations mandate

holders, relevant United Nations agencies, funds and programmes, and in particular the

Office of the United Nations High Commissioner for Human Rights, intergovernmental

organizations, national human rights institutions, non-governmental organizations and other

relevant stakeholders, including practitioners;

10. Decides to remain seized of the matter.

40th meeting

30 September 2016

[Adopted by a recorded vote of 29 to 1, with 17 abstentions. The voting was as follows:

In favour:

Albania, Belgium, Botswana, Côte d’Ivoire, Ecuador, El Salvador, France,

Georgia, Germany, Ghana, Latvia, Maldives, Mexico, Mongolia, Morocco,

Namibia, Netherlands, Panama, Paraguay, Philippines, Portugal, Qatar,

Republic of Korea, Slovenia, South Africa, Switzerland, the former Yugoslav

Republic of Macedonia, Togo, United Kingdom of Great Britain and

Northern Ireland

Against:

Congo*

Abstaining:

Algeria, Bangladesh, Bolivia (Plurinational State of), Burundi, China, Cuba,

Ethiopia, India, Indonesia, Kenya, Kyrgyzstan, Nigeria, Russian Federation,

Saudi Arabia, United Arab Emirates, Venezuela (Bolivarian Republic of),

Viet Nam]

* The delegation of the Congo subsequently stated that there had been an error in its vote and that it had

intended to vote in favour of the draft text.