Human Rights and Transitional Justice

A/HRC/RES/9/10No PDF available

Who created this mandate?

A Resolution of the General Assembly, published in 2008.

What other versions does this mandate have?

6 versions · 2008–2022

This is an older version — the most recent is A/HRC/RES/51/23

2022A/HRC/RES/51/23Human rights and transitional justiceLatestCompare with previous version
2019A/HRC/RES/42/17Human rights and transitional justiceCompare with previous version
2016A/HRC/RES/33/19Human rights and transitional justiceCompare with previous version
2012A/HRC/RES/21/15Human rights and transitional justiceCompare with previous version
2009A/HRC/RES/12/11Human rights and transitional justiceCompare with previous version

Versions are identified automatically by matching titles within the same organ (~97% accuracy on a manual audit).

What does this mandate say?

18 operative paragraphs

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);

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;

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;

Also emphasizes that justice, peace, democracy and development are mutually reinforcing imperatives;

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;

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;

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:

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;

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;

Free and independent media in informing the public about the human rights dimension in the area of transitional justice mechanisms locally, nationally and internationally;

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;

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;

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;

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;

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 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;

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;

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;

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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Human Rights and Transitional Justice

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