RES/9/10 Human rights and transitional justice

Human Rights Council

Resolution 9/10. Human rights and transitional justice

The Human Rights Council,

Guided by the Charter of the United Nations, the Universal Declaration of Human Rights,

the International Covenants on Human Rights, the Geneva Conventions of 12 August 1949 and

the Protocols Additional thereto of 8 June 1977, other relevant international human rights law

and international humanitarian law instruments and the Vienna Declaration and Programme

of Action,

Recalling previous resolutions of the Commission on Human Rights on human rights and

transitional justice (2005/70), impunity (2005/81) and the right to the truth (2005/66),

General Assembly resolution 60/147 on 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 as well as Council decisions 4/102 on

transitional justice and 2/105 on the right to the truth,

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

in conflict and post-conflict societies (S/2004/616), including relevant recommendations

contained therein, and the report of the Secretary-General entitled “Uniting our strengths:

Enhancing United Nations support for the rule of law” (A/61/636-S/2006/980), which designates

the Office of the United Nations High Commissioner for Human Rights as the lead entity within

the United Nations system on, inter alia, transitional justice,

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

through action to combat impunity (E/CN.4/Sub.2/1997/20/Rev.1, annex II) and taking note with

appreciation of the updated version of those principles (E/CN.4/2005/102/Add.1), as well as the

report of the Commission on Human Rights on the independence of the judiciary, administration

of justice and impunity (E/CN.4/2006/52),

page 2 Recalling Security Council resolution 1325 (2000) on women, peace and security and

recognizing women’s contributions to conflict resolution and sustainable peace,

Welcoming the role of the Peacebuilding Commission in this regard, and recalling the

necessity for the Commission to intensify its efforts, within its mandate, in cooperation with

national and transitional Governments and in consultation with the relevant United Nations

entities, to incorporate human rights, when advising on or proposing country-specific

peacebuilding strategies for post-conflict situations in cases under consideration, where

applicable,

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

achieve sustainable peace, in accordance with international law and the purposes and principles

of the Charter,

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

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

the rule of law as well as its conceptual and analytical work on transitional justice and human

rights,

Welcoming also the increased integration of a human rights perspective, including through

activities of the Office of the United Nations High Commissioner for Human Rights in

cooperation with other relevant parts of the United Nations system, in the United Nations

activities related to transitional justice, as well as the importance given to the rule of law and

transitional justice by the High Commissioner for Human Rights and her Office, including its

Rule of Law and Democracy Unit,

Stressing that the full range of civil, cultural, economic, political and social rights should

be taken into account in any transitional justice context, in order to promote, inter alia, the rule of

law and accountability,

1. Welcomes the study on human rights and transitional justice activities undertaken by

the human rights components of the United Nations system (E/CN.4/2006/93) and the progress

report on human rights and transitional justice (A/HRC/4/87);

page 3 2. Underlines the importance and urgency of national and international efforts to restore

justice and the rule of law in conflict and post-conflict situations and, where relevant, in the

context of transitional processes;

3. Emphasizes 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, vetting of public

employees and officials, 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 and restore confidence in

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

rights law;

4. Also emphasizes that justice, peace, democracy and development are mutually

reinforcing imperatives;

5. Stresses the importance of a comprehensive process of national consultation,

particularly with those affected by human rights violations in contributing to a holistic

transitional justice strategy that takes into account the particular circumstances of every situation

and in conformity with human rights;

6. Underlines the importance of giving vulnerable groups, including those marginalized

for political, socio-economic or other reasons, a voice in these processes and to ensure that

discrimination and the root causes of conflict are addressed;

7. Recognizes the important role played in the realization of transitional justice goals

and in the reconstruction of the society, as well as in the promotion of the rule of law and

accountability, by:

(a) Victims’ associations, human rights defenders and other actors of civil society, as

well as national human rights institutions created in conformity with the Paris Principles;

(b) Women’s organizations in the design, establishment and implementation of

transitional justice mechanisms, so as to ensure that women are represented in their structures

and that a gender perspective is reflected in their mandates and work;

page 4 (c) Free and independent media in informing the public about the human rights

dimension in the area of transitional justice mechanisms locally, nationally and internationally;

8. Emphasizes the need to provide gender-sensitive human rights training in the context

of transitional justice to all relevant national actors, including police, military, intelligence and

security services, prosecution staff and members of the judiciary, in dealing with victims of

human rights violations, particularly women and girls;

9. Underlines the need for the rights of both victims and accused persons to be

respected, in accordance with international standards, with particular attention paid to those most

affected by conflicts and the breakdown of the rule of law, among them women, children,

migrants, refugees, persons with disabilities and persons belonging to minorities and indigenous

peoples, and to ensure that specific measures are taken for their free participation and protection

and for the sustainable return of refugees and internally displaced persons in safety and dignity;

10. Calls upon States to assist the United Nations in its ongoing work on the relevant

recommendations of the report of the Secretary-General on the rule of law and transitional

justice in conflict and post-conflict societies (S/2004/616) and the one entitled “Uniting our

strengths: Enhancing United Nations support for the rule of law” (S/2006/980), including by

incorporating international human rights law, principles and best practices into the development

and implementation of transitional justice mechanisms and by cooperating fully with

United Nations field presences in the area of human rights and transitional justice and by

facilitating the work of relevant special procedures;

11. Calls upon the international community and regional organizations to assist

countries, who so consent, in the context of transitional justice, to ensure the promotion and

protection of human rights and to incorporate best practices into the development and

implementation of transitional justice mechanisms;

12. Requests the Office of the United Nations High Commissioner for Human Rights to

continue to enhance its leading role, including with regard to conceptual and analytical work

regarding transitional justice, and to assist States to design, establish and implement transitional

justice mechanisms from a human rights perspective, while stressing the importance of close

cooperation between the Office of the High Commissioner and other relevant parts of the

page 5 United Nations as well as other international and non-governmental organizations with regard to

incorporating human rights and best practices into the development and implementation of

transitional justice mechanisms and to the ongoing process of strengthening the United Nations

system in the area of the rule of law and transitional justice;

13. Also requests the Office of the High Commissioner 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;

14. Requests other parts of the United Nations system to cooperate fully with the Office

of the High Commissioner in the area of human rights and transitional justice;

15. Decides to continue its consideration of this matter at its twelfth session or at the

corresponding session in conformity with its annual programme of work.

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