8.5.7 Transitional Justice
An introductory discussion of the role of NHRIs in this area is in Chapter 3.
Engaging in transitional justice assumes that the NHRI has the legal mandate to do so and that there is clarity about the type of role and authority that will be exercised. The following activities are ones that NHRIs might establish:
- Monitoring and Reporting
- Investigation
- Complaints handling
- Information gathering, documentation and archiving
- Cooperation with national, regional, hybrid or international judicial mechanisms.
The government should ensure that the NHRI is properly resourced.
Table 4: NHRIs and Transitional Justice: Establishing Capacity10
|
Millennium Development Goal |
Key Related Human Rights Standards |
|---|---|
|
Accountability |
Establish effective accountability mechanisms. |
|
Developed a KM system to document past abuses, or to support other truth-seeking/ truth-telling mechanisms, and to preserve truth commission archives. |
|
|
Develop a plan or program to review and comment on enabling legislation for a Truth & Reconciliation Commission, Special Court or Reparation Programme. |
|
|
Create capacity to advise on
|
|
|
Reintegration |
Develop capacity to support the reintegration of demobilised forces, displaced persons and returning refugees into society. |
|
Include special initiatives for child soldiers and child abductees, and integrate a gender-sensitive approach. |
|
|
Reparation |
Does the NHRI include as part of its outreach information about its capacity to assist victims with claims? |
|
Does the NHRI promote the adoption of ad-hoc measures for victims? |