Washington, DC, September 29, 2011. - The Center for Justice and International Law (CEJIL) welcomes today’s decision made by the United Nations’ Human Rights Council to adopt a resolution that appoints a special rapporteur on the promotion of truth, justice, reparation and guarantees of non-recurrence. The resolution was adopted by consensus and received wide support, as it was co-sponsored by more than 75 countries.
CEJIL specifically applauds the stated purpose of coordinated action between the rapporteurship and the organs of the Inter-American System for Human Rights, which could translate into a better compliance of international obligations pertaining to human rights.
The rapporteur has the challenge of ensuring that States make progress in revoking laws that guarantee impunity, as well as proposing public policies and laws that guarantee the right to reparation.
CEJIL believes that the new mechanism should resume studies conducted by the United Nations regarding amnesties and impunity. Equally important would be to defend the right to file an appeal and obtain reparations for victims of violations of the international human rights law and gross violations of international humanitarian law.
The person in charge of the rapporteurship will have a three-year mandate and will report annually to the Human Rights Council and the United Nations General Assembly.
The rapporteur’s duties will include: a) to contribute, upon request, to the provision of technical assistance; b) to gather relevant information on national situations, including on the normative framework, on national practices and experiences, such as truth and reconciliation commissions and other mechanisms, relating to the promotion of truth, justice, reparation and guarantees of non-recurrence in addressing gross violations of human rights and serious violations of international humanitarian law, and to study trends, developments and challenges and to make recommendations thereon; c) to identify, exchange and promote good practices and lessons learned, as well as to identify potential additional elements with a view to recommend ways and means to improve and strengthen the promotion of truth, justice, reparation and guarantees of non-recurrence; and, d) to make recommendations concerning, inter alia, judicial and non-judicial measures when designing and implementing strategies, policies and measures for addressing gross violations of human rights and serious violations of international humanitarian law.
During the rapporteur’s mandate a study will be undertaken to promote “a systematic and coherent approach on issues pertaining to the mandate,” which will compile information from different sources. The rapporteurship will have to “work in close coordination, while avoiding unnecessary duplication, with the Office of the United Nations High Commissioner for Human Rights, intergovernmental and non-governmental organizations, other special procedures of the Human Rights Council, and with other relevant actors.”
“Without any doubt, this decision contributes to making a reality of the rights to truth, justice, and the reparation for millions of victims of gross human rights violations and survivors worldwide,” stated CEJIL’s Executive Director, Viviana Krsticevic.
Krsticevic added that the wide support the resolution has received is vital for ensuring this mechanism’s legitimacy and efficacy.
“We hope that the work of the new rapporteurship will allow for a qualitative leap when addressing the thematic in various countries across Latin America – such as Brazil, Uruguay, Guatemala, El Salvador, Panama, Colombia, and Mexico, amongst other nations – that still require significant progress in guaranteeing these fundamental rights and the fight against impunity,” she concluded.
