righttothetruthday

[righttothetruthday]

International Covenant on Civil and Political Rights.

The International Covenant on Civil and Political Rights and the Optional Protocol to the ICCPR includes to allow victims claiming to be victims of human rights violations to be heard by the Human Rights Committee (HRC) and aiming to abolish death penalty. Member States that ratifies ICCPR are obliged to protect and preserve basic human rights enshrined in the treaty. The Covenant acts as international treaty that impose obligation in international law on states.

The ICCPR was adopted by the United Nations in 1966 and came into force in 1976. It is the most extensive human rights treaties as they cover wide range of rights and protect wide range of people. The ICCPR attempts to ensure the protection and promote conditions within the states to allow the enjoyment of civil and political rights.

Among the rights protected under the ICCPR are:

Article 6: Right to life, Article 7: Freedom from torture, Article 8: Right not to be enslaved, Article 18: Right to freedom of thought, conscience and religion, Article 24: Children’s right, Article 25: Right to political participation.

Preamble

The States Parties to the present Covenant,

Considering that, in accordance with the principles proclaimed in the Charter of the United Nations, recognition of the inherent dignity and of the equal and inalienable rights of all members of the human family is the foundation of freedom, justice and peace in the world,

Recognizing that these rights derive from the inherent dignity of the human person,

Recognizing that, in accordance with the Universal Declaration of Human Rights, the ideal of free human beings enjoying civil and political freedom and freedom from fear and want can only be achieved if conditions are created whereby everyone may enjoy his civil and political rights, as well as his economic, social and cultural rights,

Considering the obligation of States under the Charter of the United Nations to promote universal respect for, and observance of, human rights and freedoms,

Realizing that the individual, having duties to other individuals and to the community to which he belongs, is under a responsibility to strive for the promotion and observance of the rights recognized in the present Covenant,

Agree upon the following articles:

PART I

Article 1

1. All peoples have the right of self-determination. By virtue of that right they freely determine their political status and freely pursue their economic, social and cultural development.

2. All peoples may, for their own ends, freely dispose of their natural wealth and resources without prejudice to any obligations arising out of international economic co-operation, based upon the principle of mutual benefit, and international law. In no case may a people be deprived of its own means of subsistence.

3. The States Parties to the present Covenant, including those having responsibility for the administration of Non-Self-Governing and Trust Territories, shall promote the realization of the right of self-determination, and shall respect that right, in conformity with the provisions of the Charter of the United Nations.

PART II

Article 2

1. Each State Party to the present Covenant undertakes to respect and to ensure to all individuals within its territory and subject to its jurisdiction the rights recognized in the present Covenant, without distinction of any kind, such as race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status.

2. Where not already provided for by existing legislative or other measures, each State Party to the present Covenant undertakes to take the necessary steps, in accordance with its constitutional processes and with the provisions of the present Covenant, to adopt such laws or other measures as may be necessary to give effect to the rights recognized in the present Covenant.

3. Each State Party to the present Covenant undertakes:

(a) To ensure that any person whose rights or freedoms as herein recognized are violated shall have an effective remedy, notwithstanding that the violation has been committed by persons acting in an official capacity;

(b) To ensure that any person claiming such a remedy shall have his right thereto determined by competent judicial, administrative or legislative authorities, or by any other competent authority provided for by the legal system of the State, and to develop the possibilities of judicial remedy;

(c) To ensure that the competent authorities shall enforce such remedies when granted.

Article 3

The States Parties to the present Covenant undertake to ensure the equal right of men and women to the enjoyment of all civil and political rights set forth in the present Covenant.

Article 4

1 . In time of public emergency which threatens the life of the nation and the existence of which is officially proclaimed, the States Parties to the present Covenant may take measures derogating from their obligations under the present Covenant to the extent strictly required by the exigencies of the situation, provided that such measures are not inconsistent with their other obligations under international law and do not involve discrimination solely on the ground of race, colour, sex, language, religion or social origin.

2. No derogation from articles 6, 7, 8 (paragraphs I and 2), 11, 15, 16 and 18 may be made under this provision.

3. Any State Party to the present Covenant availing itself of the right of derogation shall immediately inform the other States Parties to the present Covenant, through the intermediary of the Secretary-General of the United Nations, of the provisions from which it has derogated and of the reasons by which it was actuated. A further communication shall be made, through the same intermediary, on the date on which it terminates such derogation.

Article 5

1. Nothing in the present Covenant may be interpreted as implying for any State, group or person any right to engage in any activity or perform any act aimed at the destruction of any of the rights and freedoms recognized herein or at their limitation to a greater extent than is provided for in the present Covenant.

2. There shall be no restriction upon or derogation from any of the fundamental human rights recognized or existing in any State Party to the present Covenant pursuant to law, conventions, regulations or custom on the pretext that the present Covenant does not recognize such rights or that it recognizes them to a lesser extent.

PART III

Article 6

1. Every human being has the inherent right to life. This right shall be protected by law. No one shall be arbitrarily deprived of his life.

2. In countries which have not abolished the death penalty, sentence of death may be imposed only for the most serious crimes in accordance with the law in force at the time of the commission of the crime and not contrary to the provisions of the present Covenant and to the Convention on the Prevention and Punishment of the Crime of Genocide. This penalty can only be carried out pursuant to a final judgement rendered by a competent court.

3. When deprivation of life constitutes the crime of genocide, it is understood that nothing in this article shall authorize any State Party to the present Covenant to derogate in any way from any obligation assumed under the provisions of the Convention on the Prevention and Punishment of the Crime of Genocide.

4. Anyone sentenced to death shall have the right to seek pardon or commutation of the sentence. Amnesty, pardon or commutation of the sentence of death may be granted in all cases.

5. Sentence of death shall not be imposed for crimes committed by persons below eighteen years of age and shall not be carried out on pregnant women.

6. Nothing in this article shall be invoked to delay or to prevent the abolition of capital punishment by any State Party to the present Covenant.

Article 7

No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment. In particular, no one shall be subjected without his free consent to medical or scientific experimentation.

Article 8

1. No one shall be held in slavery; slavery and the slave-trade in all their forms shall be prohibited.

2. No one shall be held in servitude.

3.

(a) No one shall be required to perform forced or compulsory labour;

(b) Paragraph 3 (a) shall not be held to preclude, in countries where imprisonment with hard labour may be imposed as a punishment for a crime, the performance of hard labour in pursuance of a sentence to such punishment by a competent court;

(c) For the purpose of this paragraph the term "forced or compulsory labour" shall not include:

(i) Any work or service, not referred to in subparagraph (b), normally required of a person who is under detention in consequence of a lawful order of a court, or of a person during conditional release from such detention;

(ii) Any service of a military character and, in countries where conscientious objection is recognized, any national service required by law of conscientious objectors;

(iii) Any service exacted in cases of emergency or calamity threatening the life or well-being of the community;

(iv) Any work or service which forms part of normal civil obligations.

Article 9

1. Everyone has the right to liberty and security of person. No one shall be subjected to arbitrary arrest or detention. No one shall be deprived of his liberty except on such grounds and in accordance with such procedure as are established by law.

2. Anyone who is arrested shall be informed, at the time of arrest, of the reasons for his arrest and shall be promptly informed of any charges against him.

3. Anyone arrested or detained on a criminal charge shall be brought promptly before a judge or other officer authorized by law to exercise judicial power and shall be entitled to trial within a reasonable time or to release. It shall not be the general rule that persons awaiting trial shall be detained in custody, but release may be subject to guarantees to appear for trial, at any other stage of the judicial proceedings, and, should occasion arise, for execution of the judgement.

4. Anyone who is deprived of his liberty by arrest or detention shall be entitled to take proceedings before a court, in order that that court may decide without delay on the lawfulness of his detention and order his release if the detention is not lawful.

5. Anyone who has been the victim of unlawful arrest or detention shall have an enforceable right to compensation.

Article 10

1. All persons deprived of their liberty shall be treated with humanity and with respect for the inherent dignity of the human person.

2.

(a) Accused persons shall, save in exceptional circumstances, be segregated from convicted persons and shall be subject to separate treatment appropriate to their status as unconvicted persons;

(b) Accused juvenile persons shall be separated from adults and brought as speedily as possible for adjudication.

3. The penitentiary system shall comprise treatment of prisoners the essential aim of which shall be their reformation and social rehabilitation. Juvenile offenders shall be segregated from adults and be accorded treatment appropriate to their age and legal status.

Article 11

No one shall be imprisoned merely on the ground of inability to fulfil a contractual obligation.

Article 12

1. Everyone lawfully within the territory of a State shall, within that territory, have the right to liberty of movement and freedom to choose his residence.

2. Everyone shall be free to leave any country, including his own.

3. The above-mentioned rights shall not be subject to any restrictions except those which are provided by law, are necessary to protect national security, public order (ordre public), public health or morals or the rights and freedoms of others, and are consistent with the other rights recognized in the present Covenant.

4. No one shall be arbitrarily deprived of the right to enter his own country.

Article 13

An alien lawfully in the territory of a State Party to the present Covenant may be expelled therefrom only in pursuance of a decision reached in accordance with law and shall, except where compelling reasons of national security otherwise require, be allowed to submit the reasons against his expulsion and to have his case reviewed by, and be represented for the purpose before, the competent authority or a person or persons especially designated by the competent authority.

Article 14

1. All persons shall be equal before the courts and tribunals. In the determination of any criminal charge against him, or of his rights and obligations in a suit at law, everyone shall be entitled to a fair and public hearing by a competent, independent and impartial tribunal established by law. The press and the public may be excluded from all or part of a trial for reasons of morals, public order (ordre public) or national security in a democratic society, or when the interest of the private lives of the parties so requires, or to the extent strictly necessary in the opinion of the court in special circumstances where publicity would prejudice the interests of justice; but any judgement rendered in a criminal case or in a suit at law shall be made public except where the interest of juvenile persons otherwise requires or the proceedings concern matrimonial disputes or the guardianship of children.

2. Everyone charged with a criminal offence shall have the right to be presumed innocent until proved guilty according to law.

3. In the determination of any criminal charge against him, everyone shall be entitled to the following minimum guarantees, in full equality: (a) To be informed promptly and in detail in a language which he understands of the nature and cause of the charge against him;

(b) To have adequate time and facilities for the preparation of his defence and to communicate with counsel of his own choosing;

(c) To be tried without undue delay;

(d) To be tried in his presence, and to defend himself in person or through legal assistance of his own choosing; to be informed, if he does not have legal assistance, of this right; and to have legal assistance assigned to him, in any case where the interests of justice so require, and without payment by him in any such case if he does not have sufficient means to pay for it;

(e) To examine, or have examined, the witnesses against him and to obtain the attendance and examination of witnesses on his behalf under the same conditions as witnesses against him;

(f) To have the free assistance of an interpreter if he cannot understand or speak the language used in court;

(g) Not to be compelled to testify against himself or to confess guilt.4. In the case of juvenile persons, the procedure shall be such as will take account of their age and the desirability of promoting their rehabilitation.

5. Everyone convicted of a crime shall have the right to his conviction and sentence being reviewed by a higher tribunal according to law.

6. When a person has by a final decision been convicted of a criminal offence and when subsequently his conviction has been reversed or he has been pardoned on the ground that a new or newly discovered fact shows conclusively that there has been a miscarriage of justice, the person who has suffered punishment as a result of such conviction shall be compensated according to law, unless it is proved that the non-disclosure of the unknown fact in time is wholly or partly attributable to him.

7. No one shall be liable to be tried or punished again for an offence for which he has already been finally convicted or acquitted in accordance with the law and penal procedure of each country.

Article 15

1 . No one shall be held guilty of any criminal offence on account of any act or omission which did not constitute a criminal offence, under national or international law, at the time when it was committed. Nor shall a heavier penalty be imposed than the one that was applicable at the time when the criminal offence was committed. If, subsequent to the commission of the offence, provision is made by law for the imposition of the lighter penalty, the offender shall benefit thereby.

2. Nothing in this article shall prejudice the trial and punishment of any person for any act or omission which, at the time when it was committed, was criminal according to the general principles of law recognized by the community of nations.

Article 16

Everyone shall have the right to recognition everywhere as a person before the law.

Article 17

1. No one shall be subjected to arbitrary or unlawful interference with his privacy, family, home or correspondence, nor to unlawful attacks on his honour and reputation.

2. Everyone has the right to the protection of the law against such interference or attacks.

Article 18

1. Everyone shall have the right to freedom of thought, conscience and religion. This right shall include freedom to have or to adopt a religion or belief of his choice, and freedom, either individually or in community with others and in public or private, to manifest his religion or belief in worship, observance, practice and teaching.

2. No one shall be subject to coercion which would impair his freedom to have or to adopt a religion or belief of his choice.

3. Freedom to manifest one's religion or beliefs may be subject only to such limitations as are prescribed by law and are necessary to protect public safety, order, health, or morals or the fundamental rights and freedoms of others.

4. The States Parties to the present Covenant undertake to have respect for the liberty of parents and, when applicable, legal guardians to ensure the religious and moral education of their children in conformity with their own convictions.

Article 19

1. Everyone shall have the right to hold opinions without interference.

2. Everyone shall have the right to freedom of expression; this right shall include freedom to seek, receive and impart information and ideas of all kinds, regardless of frontiers, either orally, in writing or in print, in the form of art, or through any other media of his choice.

3. The exercise of the rights provided for in paragraph 2 of this article carries with it special duties and responsibilities. It may therefore be subject to certain restrictions, but these shall only be such as are provided by law and are necessary:

(a) For respect of the rights or reputations of others;

(b) For the protection of national security or of public order (ordre public), or of public health or morals.

Article 20

1. Any propaganda for war shall be prohibited by law.

2. Any advocacy of national, racial or religious hatred that constitutes incitement to discrimination, hostility or violence shall be prohibited by law.

Article 21

The right of peaceful assembly shall be recognized. No restrictions may be placed on the exercise of this right other than those imposed in conformity with the law and which are necessary in a democratic society in the interests of national security or public safety, public order (ordre public), the protection of public health or morals or the protection of the rights and freedoms of others.

Article 22

1. Everyone shall have the right to freedom of association with others, including the right to form and join trade unions for the protection of his interests.

2. No restrictions may be placed on the exercise of this right other than those which are prescribed by law and which are necessary in a democratic society in the interests of national security or public safety, public order (ordre public), the protection of public health or morals or the protection of the rights and freedoms of others. This article shall not prevent the imposition of lawful restrictions on members of the armed forces and of the police in their exercise of this right.

3. Nothing in this article shall authorize States Parties to the International Labour Organisation Convention of 1948 concerning Freedom of Association and Protection of the Right to Organize to take legislative measures which would prejudice, or to apply the law in such a manner as to prejudice, the guarantees provided for in that Convention.

Article 23

1. The family is the natural and fundamental group unit of society and is entitled to protection by society and the State.

2. The right of men and women of marriageable age to marry and to found a family shall be recognized.

3. No marriage shall be entered into without the free and full consent of the intending spouses.

4. States Parties to the present Covenant shall take appropriate steps to ensure equality of rights and responsibilities of spouses as to marriage, during marriage and at its dissolution. In the case of dissolution, provision shall be made for the necessary protection of any children.

Article 24

1. Every child shall have, without any discrimination as to race, colour, sex, language, religion, national or social origin, property or birth, the right to such measures of protection as are required by his status as a minor, on the part of his family, society and the State.

2. Every child shall be registered immediately after birth and shall have a name.

3. Every child has the right to acquire a nationality.

Article 25

Every citizen shall have the right and the opportunity, without any of the distinctions mentioned in article 2 and without unreasonable restrictions:

(a) To take part in the conduct of public affairs, directly or through freely chosen representatives;

(b) To vote and to be elected at genuine periodic elections which shall be by universal and equal suffrage and shall be held by secret ballot, guaranteeing the free expression of the will of the electors;

(c) To have access, on general terms of equality, to public service in his country.

Article 26

All persons are equal before the law and are entitled without any discrimination to the equal protection of the law. In this respect, the law shall prohibit any discrimination and guarantee to all persons equal and effective protection against discrimination on any ground such as race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status.

Article 27

In those States in which ethnic, religious or linguistic minorities exist, persons belonging to such minorities shall not be denied the right, in community with the other members of their group, to enjoy their own culture, to profess and practise their own religion, or to use their own language.

PART IV

Article 28

1. There shall be established a Human Rights Committee (hereafter referred to in the present Covenant as the Committee). It shall consist of eighteen members and shall carry out the functions hereinafter provided.

2. The Committee shall be composed of nationals of the States Parties to the present Covenant who shall be persons of high moral character and recognized competence in the field of human rights, consideration being given to the usefulness of the participation of some persons having legal experience.

3. The members of the Committee shall be elected and shall serve in their personal capacity.

Article 29

1. The members of the Committee shall be elected by secret ballot from a list of persons possessing the qualifications prescribed in article 28 and nominated for the purpose by the States Parties to the present Covenant.

2. Each State Party to the present Covenant may nominate not more than two persons. These persons shall be nationals of the nominating State.

3. A person shall be eligible for renomination.

Article 30

1. The initial election shall be held no later than six months after the date of the entry into force of the present Covenant.

2. At least four months before the date of each election to the Committee, other than an election to fill a vacancy declared in accordance with article 34, the Secretary-General of the United Nations shall address a written invitation to the States Parties to the present Covenant to submit their nominations for membership of the Committee within three months.

3. The Secretary-General of the United Nations shall prepare a list in alphabetical order of all the persons thus nominated, with an indication of the States Parties which have nominated them, and shall submit it to the States Parties to the present Covenant no later than one month before the date of each election.

4. Elections of the members of the Committee shall be held at a meeting of the States Parties to the present Covenant convened by the Secretary General of the United Nations at the Headquarters of the United Nations. At that meeting, for which two thirds of the States Parties to the present Covenant shall constitute a quorum, the persons elected to the Committee shall be those nominees who obtain the largest number of votes and an absolute majority of the votes of the representatives of States Parties present and voting.

Article 31

1. The Committee may not include more than one national of the same State.

2. In the election of the Committee, consideration shall be given to equitable geographical distribution of membership and to the representation of the different forms of civilization and of the principal legal systems.

Article 32

1. The members of the Committee shall be elected for a term of four years. They shall be eligible for re-election if renominated. However, the terms of nine of the members elected at the first election shall expire at the end of two years; immediately after the first election, the names of these nine members shall be chosen by lot by the Chairman of the meeting referred to in article 30, paragraph 4.

2. Elections at the expiry of office shall be held in accordance with the preceding articles of this part of the present Covenant.

Article 33

1. If, in the unanimous opinion of the other members, a member of the Committee has ceased to carry out his functions for any cause other than absence of a temporary character, the Chairman of the Committee shall notify the Secretary-General of the United Nations, who shall then declare the seat of that member to be vacant.

2. In the event of the death or the resignation of a member of the Committee, the Chairman shall immediately notify the Secretary-General of the United Nations, who shall declare the seat vacant from the date of death or the date on which the resignation takes effect.

Article 34

1. When a vacancy is declared in accordance with article 33 and if the term of office of the member to be replaced does not expire within six months of the declaration of the vacancy, the Secretary-General of the United Nations shall notify each of the States Parties to the present Covenant, which may within two months submit nominations in accordance with article 29 for the purpose of filling the vacancy.

2. The Secretary-General of the United Nations shall prepare a list in alphabetical order of the persons thus nominated and shall submit it to the States Parties to the present Covenant. The election to fill the vacancy shall then take place in accordance with the relevant provisions of this part of the present Covenant.

3. A member of the Committee elected to fill a vacancy declared in accordance with article 33 shall hold office for the remainder of the term of the member who vacated the seat on the Committee under the provisions of that article.

Article 35

The members of the Committee shall, with the approval of the General Assembly of the United Nations, receive emoluments from United Nations resources on such terms and conditions as the General Assembly may decide, having regard to the importance of the Committee's responsibilities.

Article 36

The Secretary-General of the United Nations shall provide the necessary staff and facilities for the effective performance of the functions of the Committee under the present Covenant.

Article 37

1. The Secretary-General of the United Nations shall convene the initial meeting of the Committee at the Headquarters of the United Nations.

2. After its initial meeting, the Committee shall meet at such times as shall be provided in its rules of procedure.

3. The Committee shall normally meet at the Headquarters of the United Nations or at the United Nations Office at Geneva.

Article 38

Every member of the Committee shall, before taking up his duties, make a solemn declaration in open committee that he will perform his functions impartially and conscientiously.

Article 39

1. The Committee shall elect its officers for a term of two years. They may be re-elected.

2. The Committee shall establish its own rules of procedure, but these rules shall provide, inter alia, that:

(a) Twelve members shall constitute a quorum;

(b) Decisions of the Committee shall be made by a majority vote of the members present.

Article 40

1. The States Parties to the present Covenant undertake to submit reports on the measures they have adopted which give effect to the rights recognized herein and on the progress made in the enjoyment of those rights: (a) Within one year of the entry into force of the present Covenant for the States Parties concerned;

(b) Thereafter whenever the Committee so requests.

2. All reports shall be submitted to the Secretary-General of the United Nations, who shall transmit them to the Committee for consideration. Reports shall indicate the factors and difficulties, if any, affecting the implementation of the present Covenant.

3. The Secretary-General of the United Nations may, after consultation with the Committee, transmit to the specialized agencies concerned copies of such parts of the reports as may fall within their field of competence.

4. The Committee shall study the reports submitted by the States Parties to the present Covenant. It shall transmit its reports, and such general comments as it may consider appropriate, to the States Parties. The Committee may also transmit to the Economic and Social Council these comments along with the copies of the reports it has received from States Parties to the present Covenant.

5. The States Parties to the present Covenant may submit to the Committee observations on any comments that may be made in accordance with paragraph 4 of this article.

Article 41

1. A State Party to the present Covenant may at any time declare under this article that it recognizes the competence of the Committee to receive and consider communications to the effect that a State Party claims that another State Party is not fulfilling its obligations under the present Covenant. Communications under this article may be received and considered only if submitted by a State Party which has made a declaration recognizing in regard to itself the competence of the Committee. No communication shall be received by the Committee if it concerns a State Party which has not made such a declaration. Communications received under this article shall be dealt with in accordance with the following procedure:

(a) If a State Party to the present Covenant considers that another State Party is not giving effect to the provisions of the present Covenant, it may, by written communication, bring the matter to the attention of that State Party. Within three months after the receipt of the communication the receiving State shall afford the State which sent the communication an explanation, or any other statement in writing clarifying the matter which should include, to the extent possible and pertinent, reference to domestic procedures and remedies taken, pending, or available in the matter;

(b) If the matter is not adjusted to the satisfaction of both States Parties concerned within six months after the receipt by the receiving State of the initial communication, either State shall have the right to refer the matter to the Committee, by notice given to the Committee and to the other State;

(c) The Committee shall deal with a matter referred to it only after it has ascertained that all available domestic remedies have been invoked and exhausted in the matter, in conformity with the generally recognized principles of international law. This shall not be the rule where the application of the remedies is unreasonably prolonged;

(d) The Committee shall hold closed meetings when examining communications under this article;

(e) Subject to the provisions of subparagraph (c), the Committee shall make available its good offices to the States Parties concerned with a view to a friendly solution of the matter on the basis of respect for human rights and fundamental freedoms as recognized in the present Covenant;

(f) In any matter referred to it, the Committee may call upon the States Parties concerned, referred to in subparagraph (b), to supply any relevant information;

(g) The States Parties concerned, referred to in subparagraph (b), shall have the right to be represented when the matter is being considered in the Committee and to make submissions orally and/or in writing;

(h) The Committee shall, within twelve months after the date of receipt of notice under subparagraph (b), submit a report:

(i) If a solution within the terms of subparagraph (e) is reached, the Committee shall confine its report to a brief statement of the facts and of the solution reached;

(ii) If a solution within the terms of subparagraph (e) is not reached, the Committee shall confine its report to a brief statement of the facts; the written submissions and record of the oral submissions made by the States Parties concerned shall be attached to the report. In every matter, the report shall be communicated to the States Parties concerned.

2. The provisions of this article shall come into force when ten States Parties to the present Covenant have made declarations under paragraph I of this article. Such declarations shall be deposited by the States Parties with the Secretary-General of the United Nations, who shall transmit copies thereof to the other States Parties. A declaration may be withdrawn at any time by notification to the Secretary-General. Such a withdrawal shall not prejudice the consideration of any matter which is the subject of a communication already transmitted under this article; no further communication by any State Party shall be received after the notification of withdrawal of the declaration has been received by the Secretary-General, unless the State Party concerned has made a new declaration.

Article 42

1.

(a) If a matter referred to the Committee in accordance with article 41 is not resolved to the satisfaction of the States Parties concerned, the Committee may, with the prior consent of the States Parties concerned, appoint an ad hoc Conciliation Commission (hereinafter referred to as the Commission). The good offices of the Commission shall be made available to the States Parties concerned with a view to an amicable solution of the matter on the basis of respect for the present Covenant;

(b) The Commission shall consist of five persons acceptable to the States Parties concerned. If the States Parties concerned fail to reach agreement within three months on all or part of the composition of the Commission, the members of the Commission concerning whom no agreement has been reached shall be elected by secret ballot by a two-thirds majority vote of the Committee from among its members.

2. The members of the Commission shall serve in their personal capacity. They shall not be nationals of the States Parties concerned, or of a State not Party to the present Covenant, or of a State Party which has not made a declaration under article 41.

3. The Commission shall elect its own Chairman and adopt its own rules of procedure.

4. The meetings of the Commission shall normally be held at the Headquarters of the United Nations or at the United Nations Office at Geneva. However, they may be held at such other convenient places as the Commission may determine in consultation with the Secretary-General of the United Nations and the States Parties concerned.

5. The secretariat provided in accordance with article 36 shall also service the commissions appointed under this article.

6. The information received and collated by the Committee shall be made available to the Commission and the Commission may call upon the States Parties concerned to supply any other relevant information.

7. When the Commission has fully considered the matter, but in any event not later than twelve months after having been seized of the matter, it shall submit to the Chairman of the Committee a report for communication to the States Parties concerned:

(a) If the Commission is unable to complete its consideration of the matter within twelve months, it shall confine its report to a brief statement of the status of its consideration of the matter;

(b) If an amicable solution to the matter on tie basis of respect for human rights as recognized in the present Covenant is reached, the Commission shall confine its report to a brief statement of the facts and of the solution reached;

(c) If a solution within the terms of subparagraph (b) is not reached, the Commission's report shall embody its findings on all questions of fact relevant to the issues between the States Parties concerned, and its views on the possibilities of an amicable solution of the matter. This report shall also contain the written submissions and a record of the oral submissions made by the States Parties concerned;

(d) If the Commission's report is submitted under subparagraph (c), the States Parties concerned shall, within three months of the receipt of the report, notify the Chairman of the Committee whether or not they accept the contents of the report of the Commission.

8. The provisions of this article are without prejudice to the responsibilities of the Committee under article 41.

9. The States Parties concerned shall share equally all the expenses of the members of the Commission in accordance with estimates to be provided by the Secretary-General of the United Nations.

10. The Secretary-General of the United Nations shall be empowered to pay the expenses of the members of the Commission, if necessary, before reimbursement by the States Parties concerned, in accordance with paragraph 9 of this article.

Article 43

The members of the Committee, and of the ad hoc conciliation commissions which may be appointed under article 42, shall be entitled to the facilities, privileges and immunities of experts on mission for the United Nations as laid down in the relevant sections of the Convention on the Privileges and Immunities of the United Nations.

Article 44

The provisions for the implementation of the present Covenant shall apply without prejudice to the procedures prescribed in the field of human rights by or under the constituent instruments and the conventions of the United Nations and of the specialized agencies and shall not prevent the States Parties to the present Covenant from having recourse to other procedures for settling a dispute in accordance with general or special international agreements in force between them.

Article 45

The Committee shall submit to the General Assembly of the United Nations, through the Economic and Social Council, an annual report on its activities.

PART V

Article 46

Nothing in the present Covenant shall be interpreted as impairing the provisions of the Charter of the United Nations and of the constitutions of the specialized agencies which define the respective responsibilities of the various organs of the United Nations and of the specialized agencies in regard to the matters dealt with in the present Covenant.

Article 47

Nothing in the present Covenant shall be interpreted as impairing the inherent right of all peoples to enjoy and utilize fully and freely their natural wealth and resources.

PART VI

Article 48

1. The present Covenant is open for signature by any State Member of the United Nations or member of any of its specialized agencies, by any State Party to the Statute of the International Court of Justice, and by any other State which has been invited by the General Assembly of the United Nations to become a Party to the present Covenant.

2. The present Covenant is subject to ratification. Instruments of ratification shall be deposited with the Secretary-General of the United Nations.

3. The present Covenant shall be open to accession by any State referred to in paragraph 1 of this article.

4. Accession shall be effected by the deposit of an instrument of accession with the Secretary-General of the United Nations.

5. The Secretary-General of the United Nations shall inform all States which have signed this Covenant or acceded to it of the deposit of each instrument of ratification or accession.

Article 49

1. The present Covenant shall enter into force three months after the date of the deposit with the Secretary-General of the United Nations of the thirty-fifth instrument of ratification or instrument of accession.

2. For each State ratifying the present Covenant or acceding to it after the deposit of the thirty-fifth instrument of ratification or instrument of accession, the present Covenant shall enter into force three months after the date of the deposit of its own instrument of ratification or instrument of accession.

Article 50

The provisions of the present Covenant shall extend to all parts of federal States without any limitations or exceptions.

Article 51

1. Any State Party to the present Covenant may propose an amendment and file it with the Secretary-General of the United Nations. The Secretary-General of the United Nations shall thereupon communicate any proposed amendments to the States Parties to the present Covenant with a request that they notify him whether they favour a conference of States Parties for the purpose of considering and voting upon the proposals. In the event that at least one third of the States Parties favours such a conference, the Secretary-General shall convene the conference under the auspices of the United Nations. Any amendment adopted by a majority of the States Parties present and voting at the conference shall be submitted to the General Assembly of the United Nations for approval.

2. Amendments shall come into force when they have been approved by the General Assembly of the United Nations and accepted by a two-thirds majority of the States Parties to the present Covenant in accordance with their respective constitutional processes. 3. When amendments come into force, they shall be binding on those States Parties which have accepted them, other States Parties still being bound by the provisions of the present Covenant and any earlier amendment which they have accepted.

Article 52

1. Irrespective of the notifications made under article 48, paragraph 5, the Secretary-General of the United Nations shall inform all States referred to in paragraph I of the same article of the following particulars:

(a) Signatures, ratifications and accessions under article 48;

(b) The date of the entry into force of the present Covenant under article 49 and the date of the entry into force of any amendments under article 51.

Article 53

1. The present Covenant, of which the Chinese, English, French, Russian and Spanish texts are equally authentic, shall be deposited in the archives of the United Nations.

2. The Secretary-General of the United Nations shall transmit certified copies of the present Covenant to all States referred to in article 4.

Adopted on 16 December 1966 by the General Assembly resolution 2200A (XXI).

#core instruments #international instruments #national and international courts and tribunals #The convenant #human rights treaties #political rights #civil rights #united nations human rights council #ohchr #Human Rights Committee (HRC)

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Body of principles for the protection of all persons under Any Form of Detention or Imprisonment.

International human rights law provides a clear and universal framework relating to detention, enshrined by the following principles.

The UN Body of Principles for the Protection of Detained or Imprisoned Persons

#National and international courts and tribunals #foreign affairs #international human rights law #detention or imprisonment #united nations general assembly #united nations human rights council #ohchr

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The right to know the truth.

Every person who suffers harm because of an enforced disappearance has the right to know the truth. States must guarantee this right, recalls the UN Committee on #EnforcedDisappearances on the

Follow the conversation #Righttotruth

#Righttotruth #24 march #righttothetruthday

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Transitional justice measures and the legacy of human rights violations in colonial contexts

Transitional justice offers valuable tools to properly address human rights violations committed during the colonial period. The colonial transfer of wealth and racist oppression have created a legacy of social, economic and cultural exclusion whose effects have been felt for generations. Leaving this historical debt unpaid has generated more pain and challenges the conscience of an international system that should be based on respect for and the guarantee of human rights. Transgenerational damage can no longer be ignored.

Unlike the traditional transitional justice processes that focus on recent human rights violations, addressing rights violations that occurred in colonial times poses challenges due to the length of time that has passed.

In general, processes of historical truth-seeking and the legal recognition of the harm done in the past and its repercussions in the present are indispensable to the establishment of restorative justice as a basis for a peaceful and sustainable future.

Transitional justice approaches to addressing the colonial past cannot and should not render invisible the victims and communities, who should occupy a central and privileged role.

It is essential to identify the obligations which are incumbent on each State and those which must be carried out jointly. To this end, all the tools and mechanisms that are put into practice must have a human rights focus, assigning due importance to the components of truth, land restitution, measures of non-recurrence and memorialization processes.

Reparations should not and cannot be dressed up as humanitarian aid, assistance or development cooperation, evading the assumption of due responsibilities.

The unacceptable idea of racial or national superiority continues to be explicit in some political discourse and implicit in many societies, including within the international community. It is essential to bring about cultural change based on the recognition of and a holistic approach to the violations of rights committed during the colonial past; this will furnish a vital tool for preventing and properly addressing contemporary discrimination and racism.

The responsibilities and expectations relating to efforts to address the legacy of violations of human rights and international humanitarian law in colonial settings through measures of truth, justice, reparation, memorialization and guarantees of non-recurrence differ among those States that were colonizing Powers, those that were colonies and are now independent nations, and those where the colonization of indigenous peoples and the oppression of people of African descent persist in different forms. As the Special Rapporteur details below, however, in all cases the authorities must take appropriate measures tailored to their specific contexts and responsibilities to respond promptly and effectively to the long-standing grievances of victims and affected communities.

The Special Rapporteur offers the following recommendations on the adoption of transitional justice mechanisms designed to address the legacy of gross violations of human rights and international humanitarian law committed in colonial contexts.

The design, implementation and evaluation of transitional justice mechanisms adopted in these contexts must be carried out with the effective participation of the victims and affected communities and in permanent consultation with them. Truth.

The former colonizing Powers, States in which the colonization of indigenous peoples and the oppression of people of African descent persist in various forms, and former colonies that have gained independence must establish mechanisms for investigation and truth-seeking within their areas of competence and jurisdiction in order to shed light on colonial violence and on the oppression, racism, discrimination and exclusion that affect those peoples today

These processes should be accompanied by the institutional and legal reforms necessary to ensure unrestricted access to the official archives relating to the periods under study which are held in the three types of States mentioned above. Other institutions that may have documentation, such as religious bodies, should also make their archives available to the authorities or persons concerned.

Steps should be taken to ensure that, in addition to members of truth commission mechanisms, victims and affected communities, and society at large, have access to the archives.

The archives must be properly processed, classified and preserved according to the ethical standards established in this area, in order to ensure the safeguarding of the documentation for future generations. Reparation.

States that were colonizing Powers and States where the colonization of indigenous peoples and the oppression of people of African descent persists in various forms should consider mechanisms to redress the harm caused to victims and affected communities. Such reparations, whether individual or collective, should aim to be comprehensive and include the following: (a) Satisfaction, including restoration of the victims’ dignity, recognition of the harm caused and the responsibilities involved, the dissemination of information in this regard, and the issuance of public apologies that meet the requirements set out in the Special Rapporteur’s previous report to the General Assembly (A/74/147); (b) Restitution of lands and natural resources, through mechanisms for the return of usurped lands, and/or the granting of other lands agreed upon with the affected persons and communities, including through land reform mechanisms that make it possible to overcome inequality in access to lands and natural resources; and the restitution of cultural heritage and archaeological remains; (c) Compensation, including sums of financial compensation that are considered adequate and commensurate with the harm suffered by the victims, and to which they have agreed; (d) Physical and psychosocial rehabilitation and access to essential rights, infrastructure and services that ensure a dignified life, including housing, health, education and access to water and sanitation.

Development aid projects that do not acknowledge accountability and do not aim to improve the specific conditions in which victims find themselves are not adequate substitutes for reparation programmes.

The independent States must, for their part, guarantee the urgent needs of the victims and affected populations under their jurisdiction, as guarantors of economic and social rights in their country, as detailed in paragraphs (b) and (d). Memorialization.

All three types of States identified should adopt memorialization measures that comprehensively address the patterns, the causes and the consequences of rights violations committed during colonization and their impact today, in order to preserve the memory of these events and their dissemination to present and future generations. Guarantees of non-recurrence.

States in which the colonization of indigenous peoples and the oppression of people of African descent persist in various forms must identify and reform State standards, structures and processes that perpetuate the oppression, the violence, the exclusion and the racism that affect those peoples. They must also identify and reform the concomitant material, cultural and ideological conditions, including the revision of curricula.

Former colonizing Powers and the now-independent States must ensure that the legal and institutional frameworks and the material, ideological and cultural conditions in their countries do not reproduce stereotypes or discriminatory practices from the colonial period, or any other persistent form of racism or exclusion. Accountability 113. Former colonizing and settler States must ensure access to an effective remedy for victims of human rights violations related to colonialism and its continuing consequences, including racial oppression and violence, in their national courts so that legal complaints and claims for reparations for the harm suffered can be processed without legal or procedural obstacles. 114. In cases where persons suspected of having committed serious violations of human rights and international humanitarian law are still alive, former colonizing States, settler States and States that have gained independence should ensure accountability or, where appropriate, facilitate the extradition of the aforementioned persons under their jurisdiction. 115. Victims and witnesses who testify in such judicial proceedings should be provided with protection mechanisms and legal and psychosocial assistance adapted to the needs and characteristics of the rights violation that they suffered. 116. The international community must support national efforts to address the legacy of rights violations committed in colonial contexts, through mechanisms of truth, justice, reparation and memory and guarantees of non-recurrence

Transitional justice measures and the legacy of human rights violations in colonial contexts

#Legacy of Human rights #Transitional Justice measures #righttothetruthday #Gross Human Rights violations #Guarantees of non-occurence #Mechanisms of Truth #Mechanism of Justice #Mechanisms of reparations and memory

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Accountability: Prosecuting and punishing gross violations of human rights and serious violations of international humanitarian law in the context of transitional justice processes

The Special Rapporteur shares the following recommendations:

(a) States should bring alleged perpetrators of gross human rights violations and serious violations of international humanitarian law to judgment and impose appropriate, effective penalties that are proportional to the gravity of the acts in question while ensuring that no obstacles are placed in the way of access to justice or accountability;

(b) States should refrain from having recourse to legal, judicial or de facto obstacles to accountability, such as immunities, total or partial amnesties, pardons, the application of statutory limitations or of provisions of non-retroactivity in criminal law, ne bis in idem or res judicata, or dispensations or remissions that are at odds with the determination and execution of a quantum of the sentence, since they run counter to international law;

(c) States should refrain from having recourse to exemptions that shield perpetrators from criminal punishment such as: the rule of due obedience, which is not a legally valid defence; the doctrine of command responsibility, which would prevent the judgment of hierarchical superiors that should be held legally liable for violations committed by persons acting under their effective control; or the legal concept of repentance involving the telling of the truth or the recognition of responsibility;

(d) States should remove any barrier that could result in immunity or legal protection for Heads of State and other civil servants who are authors of, or linked to, serious violations of human rights and international humanitarian law, including State or diplomatic immunity or any other form of judicial protection;

(e) Dispensations or remissions of sentence (including sentence reductions, conditional release and early release) for persons convicted of crimes against humanity should never, under any circumstance, be greater than those granted to persons convicted of ordinary offences and should be in accordance with the criteria established in the Rome Statute for the reduction of sentences for the offences specified therein;

(f) Pardons on humanitarian grounds should be permitted only in cases of terminal illness of imminent resolution;

(g) The use of house arrest on humanitarian grounds or for health reasons should be granted only when no viable option within the designated place of incarceration exists and then only as a temporary measure until the emergency situation has been resolved;

(h) States should not invoke their national laws or any legal lacunae therein as a basis for failing to conduct or for impeding criminal investigations and a rendering of account. If the legal definitions of the relevant offences do not meet international standards, then the necessary and proper legislative amendments should be introduced without delay. In the interim, States should prosecute, investigate and sentence perpetrators on the basis of the legally defined offences that most closely correspond to the punishable acts in question, having recourse to the concurrence of offences where appropriate and applying the greater penalties permitted on the basis of aggravating circumstances;

(i) Alleged perpetrators may be brought to trial in national criminal courts, in ordinary, mixed or hybrid criminal courts, or in special transitional justice courts;

(j) Military courts should not be permitted to try cases in which the defendants are members of the military or police force, agents of intelligence services or members of paramilitary forces and are accused of committing or participating in serious violations of human rights or of humanitarian law;

(k) Judicial proceedings should observe international legal standards of due process for all parties to the proceedings in order to avoid any possibility of annulment that could interfere with justice being done;

(l) Such proceedings should not be mere formalities intended to simulate fulfilment of the requirements of the criminal justice system and avoid the invocation of universal jurisdiction or the initiation of proceedings in other international criminal courts with subsidiary competence;

(m) Judicial impartiality and independence should be cross-cutting guarantees at all stages of the investigation, proceedings and sentencing. Evidence should be duly processed, the chain of custody should be carefully documented, and confidentiality should be maintained. This entails effective protection programmes for witnesses, victims and their families, which will require inter-agency and, in some cases, international cooperation. States should provide protection for legal counsel, officers of the court and judicial staff;

(n) States should provide their full cooperation at the international level in seeing to it that the national criminal court or, alternatively, the international criminal court fulfils its duty of accountability by standing ready to hand over or extradite accused or convicted persons who are in their territory, providing documentation for any and all types of evidence that may be required and furnishing visas and permits so that witnesses may appear in court;

(o) States should not provide asylum or protection to persons who have committed or who are accused of having committed serious violations of human rights or humanitarian law in order to shield them from criminal prosecution; if a State does not hand over such a person on the basis of the principle of non-refoulement, the State should put the person on trial in accordance with the international standards identified in this report;

(p) Victims should be allowed to participate fully in legal proceedings as complainants and petitioners for comprehensive reparation and in that respect should have untrammeled access to justice;

(q) Psychosocial and legal support appropriate to the circumstances in each case should be offered by States to victims and their families before, during and after the proceedings;

(r) If violations have been directed at certain persons because they belong to a specific vulnerable group, all the authorities involved in the case should apply a crosscutting rights-based approach that embodies international standards of effective access to justice and the determination of justifiably differentiated reparations;

(s) In order for access to justice to lead to effective accountability, States should promote a wide-ranging, transparent process for the dissemination of information to the public about relevant criminal proceedings in order to ensure that the population is aware of these kinds of proceedings, their structure and their possible benefits for victims, their families, communities and society;

(t) The international community, including international organizations and donors, should ensure that countries undergoing transitional justice processes fully discharge their obligation to see to it that the persons responsible for serious violations are held fully accountable and should provide the necessary support to that end;

(u) States should consider establishing the principle of universal jurisdiction in their national legal frameworks and/or permitting the exercise of such jurisdiction in their national courts.

#accountability; #obstacles to accountability #international law; #mixed or hybrid criminal courts #serious violations of human rights or of humanitarian law; #proceedings and sentencing. Evidence #witnesses #the court and judicial staff; #the international criminal #the proceedings; #benefits for victims #communities and society; #rights

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Memorialisation processes in the context of serious violations of human rights and international humanitarian law: the fifth pillar of transitional justice

The obligation to adopt memorialization processes in societies that have suffered gross violations of human rights and serious violations of international humanitarian law derives from both primary and secondary sources of international human rights law and therefore cannot be circumvented by Governments on the basis of budgetary, political or structural arguments or claims that efforts should be focused on other areas of transitional justice.

Transitional justice systems require vigorous and active memory policies based on human rights approaches in order to adequately address past crimes committed by dictatorial or authoritarian regimes or crimes perpetrated in the context of an armed conflict. Without memory, the rights to truth, justice and full reparation cannot be fully realized and there can be no guarantees of non-recurrence.

Memory processes related to gross violations of human rights and serious violations of international humanitarian law constitute the 5th pillar of transitional justice.

Memory processes complement but do not replace mechanisms for truth, justice, reparation and guarantees of non-recurrence. Memory mechanisms should never serve as a pretext for granting de jure or de facto impunity to the perpetrators of gross violations of human rights or serious violations of international humanitarian law.

Progressivity is a principle that informs international human rights law from a pro personae perspective. Memorialization processes must also be progressively developed so as to move forward in the search for truth and in effectively establishing memory policies concerning past violations, while considering different groups of victims and duly reflecting a gender perspective. The principle of non-regression in relation to memory processes places a limit on denialist or revisionist theories that seek to deny the extent of past violations and the harm caused to victims.

Memorialization is a long-term process in which the State must play an active and decisive role. The authorities that adopt and implement memory policies should ensure that such policies properly represent the views of the victims and are established in collaboration with civil society, especially human rights organizations. Public policy on memory should be multidimensional and include measures related to public spaces (memorials, parks, squares, etc.), artistic expressions (museums, plays, concerts, pictorial exhibits, etc.), media initiatives, and Statesponsored public events and activities held on significant dates. In the area of education, programmes under such policies should be established at all levels of formal and informal education and steps should be taken to build a culture of peace.

Memory processes cut across all aspects of full reparation – especially the dimensions of satisfaction and guarantees of non-recurrence – as a new obligation for States arising from the violations committed.

The memorialization of past times defined by violations of human rights and international humanitarian law provides an opportunity to reflect on the present and identify contemporary problems related to exclusion, discrimination, marginalization and abuses of power, which are often linked to toxic political cultures. Memorialization promotes the development of a culture of democracy and respect for human rights.

The purpose of the proper use of memory is to establish a “dialogic truth”, that is, to create the conditions for a debate within society on the causes and consequences of past crimes and violence and on the attribution of direct and indirect responsibility. Memory processes cannot, under any circumstances, deny or attempt to detract from violations and crimes that have been verified by truth commissions and/or legal proceedings. Such a deceptive exploitation of memory is unacceptable and contrary to international human rights obligations.

The voices of victims of human rights violations must play a key role in the construction of memory. This will also help to counteract attempts at denialism, revisionism and manipulation by the perpetrators of violations and by political groups or interests that seek to rekindle violence. The public authorities must refrain from making denialist statements that whitewash violations and revictimize victims.

The purpose of memory processes in post-conflict situations is to allow victimized populations to make sense of a brutal past, avoid vengefulness, come to terms with past divisions, repudiate the crimes committed, support justice mechanisms and, through the lessons learned, alleviate existing tensions, allowing society to live peacefully going forward.

Although memorialization and, in particular, the documentation of crimes and human rights violations in times of conflict are essential, they require that victims be treated appropriately. Victims should play a leading role in the process, be kept regularly informed and have their expectations met as far as possible for as long as the violence continues.

In transitional contexts, memorialization processes can be effective only if they pursue the political goal of establishing democracy and a culture of peace. Advocates of transitional justice mechanisms should form alliances with different civil society actors and help to change a toxic culture of political violence, confrontation and marginalization.

In order for memorialization processes to be effective, it is essential to protect the archives of State agencies and civil society organizations, especially those that work in the area of human rights. Archives should be accessible in accordance with established standards, and Governments should remove obstacles to such access.

The United Nations should establish procedures for sharing its own archives, which are important for shedding light on the past for many societies, thereby helping to uphold the right to the truth. Specifically, it should set up an efficient access methodology, with priorities defined in accordance with the purpose of investigations, in order to allow societies to learn more about their own history.

National legislation should be adapted to reflect technological developments. Hate speech that leads to violence cannot be accepted on the pretext that social networks are the entities that spread such statements. While freedom of expression must be guaranteed, criminal acts that constitute incitement to hatred must be banned and persons responsible for acts of discrimination, hostility or violence must be punished in accordance with international standards. Formal education in schools, colleges and universities should incorporate media and information literacy content that enables students to analyse information, sharpen their critical faculties and develop informed opinions, while ensuring full respect for human rights.

#memorialization processes #hostility & violence #Gross Human Rights violations #civil rights #human rights defenders #preventing gross human rights violations #dialogic truth

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Report on apologies for gross human rights violations and serious violations of international humanitarian law

The Special Rapporteur summarizes below his main findings and recommended actions for the design and implementation of effective apologies. Consultation with those to whom apology is addressed. Comprehensive and effective consultation with those affected by harms inflicted is key to the delivery of a victim-centred apology. It enables the apologizer to establish what victims want and need to hear and what they do not want to hear. Victims should ideally be afforded the opportunity to read draft apologies and to offer feedback on the appropriateness of the language used and on the setting and context of the delivery of the apology, which helps to avoid unnecessary pitfalls and the possibility of an apology causing more harm than good. In situations in which collective apologies are being issued, it is important that victims groups consult internally and agree, insofar as possible, upon the parameters of what they would like the apology to include. Consultation within the apologizing constituency.

In order to deliver a meaningful apology that is not subsequently qualified, rescinded or undermined, apologizers should consult widely within their own constituencies. If there are limits to what the apologizer can say, Pablo De Greiff, “The Role of Apologies” in The Age of Apology.

The Politics of Official Apologies, should at least be communicated clearly to victims and their representatives as part of the consultation process, in order to manage the expectations of victims. Naming and acknowledging of harm deliberately or negligently inflicted.

A public apology should commence with a clear acknowledgment of the nature, scale and duration of the harm inflicted. It should specify clearly whether the harm was inflicted deliberately, with intent, or negligently. The direct and indirect impacts of the harm on different categories of victim should be acknowledged. The gender dimensions of the harm should be clearly articulated. Under no circumstances should the apology be used as a platform to minimize or obfuscate culpability. Truthful admission of individual, organizational or collective responsibility.

Truthful apologies are necessary in order to validate the experience of victims and to restore their dignity. Establishing the truth of what occurred is almost always a prerequisite, but in some instances, an apology can effectively provoke a truth recovery process. In the light of the truth, the apology should clearly admit responsibility – individual, organizational and/or collective – and blame should be accepted for the infliction of the harm. There should be no attempt to justify, explain, rationalize or contextualize the harm. In circumstances in which the apologizer believes that some elements of past harms or human rights violations were justifiable, the public apology is not the time or place to restate that belief. Statement of remorse and regret related to the wrongful acts or omissions.

The apology should include a clear statement of regret for the named harms. The language used should be carefully chosen to communicate sincere remorse. It must be unqualified and unreserved. Delivered in a context designed to maximize the potential of the apology.

The timing and context for the delivery of the apology should be carefully considered, ideally in consultation with the victims and, when appropriate, arranged with other events. In some cases, it may be appropriate for the apology to coincide with an anniversary or other date deemed significant by the victims. In others, it would be most appropriate for an apology to be issued at the conclusion of an investigation designed to establish the truth of what occurred, such as internal organizational review, a criminal trial, a truth recovery process or a public inquiry. The setting for the apology should also be designed to maximize its impact and effectiveness. Delivered by those with the credibility to speak for the organization or institution.

The person or persons selected to deliver the apology must have the necessary leadership and credibility to effectively represent those who inflicted the harms. The individual chosen should have the authority to speak on behalf of the State, institution or organization responsible for the harm. It is important that both the victims and the apologizing organization or institution recognize the authority of the apologizer – an essential element for avoiding the subsequent diminution, rejection or undermining of an apology. Delivered with due respect, dignity and sensitivity to the victimized.

The manner in which an apology is delivered is centrally important. The apologizer should speak clearly, using terms that are clear and unambiguous. Insensitive terminology and language should be avoided at all costs. Victims are highly alert to overly staged or hollow apologies. Honesty, sincerity and humility are essential components of their effective delivery. In some instances, it may be appropriate for the public apology to be linked to broader political, societal, religious or communal events or rituals, to maximize the symbolic power of the public apology. Credible promise of non-recurrence

. Apologies on their own are unlikely to be effective, unless they are underpinned by a credible promise of non-recurrence. The apology should clearly indicate the practical steps that have been taken to ensure that the apologizing individual, organization or institution will not inflict the same harms again. There must be no sense of entitlement to or expectation of forgiveness, acceptance or reconciliation on the part of the apologizer. Appropriate compensation or reparations.

Apologies should be accompanied, as appropriate, by reparative measures designed to assist those who have been affected by past harms. They may include accepting legal liability, commitment to provide monetary compensation, restoration of the rights of victims and/or appropriate commemorations or acts of memorialization. Reparative measures may also include a commitment to fulsomely and effectively pursue justice, truth and information recovery. Non-regression.

Apologies should be part of a State policy, which is sustained and reaffirmed over time, under which regressions or actions that counter the effect of the original apology are not permitted. Apologies and reconciliation.

Properly crafted and delivered public apologies may contribute to reconciliation processes, when accompanied by a comprehensive transitional justice strategy. Reconciliation, understood as the restoration of victims’ trust in the State and its institutions and conditions under which individuals can trust one another as equal rights holders, and apologies adopted in that context should not be used as a substitute for criminal justice or other transitional justice measures

Report on apologies for gross human rights violations and serious violations of international humanitarian law

#Truthful apologies #Transitional justices measures #Truth & Reconciliation #victims’ trust #right to the truth

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Practical experiences of domestic reparation programmes

In the design and implementation of domestic reparation programmes, States should:

(a) Design and implement adequate, prompt and effective domestic reparation programmes to remedy the harm suffered by victims of mass atrocities, which recognize the responsibility of the State; (b) Ensure that such programmes include different forms of reparation beyond compensation, such as measures of satisfaction, restitution and rehabilitation, and guarantees of non-recurrence; (c) Ensure that compensation, including the distribution criteria across victims, the family unit, and those in the most vulnerable situations, is reasonable and proportional; (d) Design reparation programmes which are complete, comprehensive, complex, and coherent internally and externally, as indicated in paragraph 45 above; (e) Develop national registries of victims, which are flexible and reach out widely, to adequately estimate the potential universe of victims and expected costs, prior to the design of reparation programmes; (f) Adopt solid legal frameworks to ensure legal certainty and sustainability of reparation programmes; (g) Adopt solid institutional frameworks that bestow domestic reparation systems with the institutional security, political leverage, financial autonomy and territorial outreach needed to operationalize the reparation policy; (h) Make the necessary budgetary allocations, based on the universe of victims and realistic cost expectations, through the creation of special funds, inclusion in the national budget, or other financing by sustainable means; (i) Where relevant, design financing mechanisms by which other actors responsible for violations contribute towards reparation expenses, through, for example, financial or in-kind contributions; (j) International donors may also play an important role in financially supporting reparation programmes; (k) Adopt emergency reparation programmes or services, while domestic reparation programmes are being designed, to address the urgent needs of victims and avoid exposing them to further harm; (l) Ensure and facilitate effective participation and consultation and a meaningful role for victims in the design, implementation and monitoring of reparation programmes. Also ensure effective participation of and consultation with civil society and victims’ organizations in these efforts; (m) Establish effective and timely rehabilitation services to address the physical and mental health and educational needs of victims, as well as other services, and coordinate efforts between State institutions and specialized civil society organizations and victims’ organizations in this regard. The international community may support the delivery of such services; (n) Adopt special measures in the design and implementation of domestic reparation programmes to address the reparation needs and the challenges faced by victims of sexual violence, and by children born out of rape when the woman has decided to continue her pregnancy, including safety and privacy measures to prevent their social exposure and to avoid inflicting further harm on them; (o) Adopt special measures in the design and implementation of domestic reparation programmes to address the reparation needs of refugees and internally displaced persons.

Promotion of truth, justice, reparation and guarantees of non-recurrence.

Practical experiences of domestic reparation programmes

#Guarantees on non-recurrence #Justice promotion #Truth promotion #Domestic Reparation Programmes

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The four main lines of engagement of the new Special Rapporteur with the General Assembly

Vision of the 4 main lines of engagement:

(a) transitional justice, prevention and sustaining peace;

(b) harnessing youth’s creative agency for transitional justice;

(c) accentuating the gender perspective in transitional justice efforts; and

(d) the intersection of human rights (with a focus on economic, social and cultural rights) and the Sustainable Development Goals in the context of transitional justice.

#reparations #Truth & Reconciliation #sustaining peacce #gender parity #sustainable development #sdg6 #Transitional justice measures

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The new Special Rapporteur’s approach to the mandate and preliminary areas of interest

Education plays an important role in society by transmitting established knowledge and shared culture. In situations of transition from conflict or authoritarian regimes, education can contribute to social cohesion and peace by facilitating the transmission of memory about past events, engaging society — especially the younger generations — in a dialogue about those events, and promoting a culture of human rights and democracy.

The new Special Rapporteur’s approach to the mandate and preliminary areas of interest

#Culture of Human Rights #Memory transmission #social cohesion #civil rights #human rights #Guarantees on non-recurrence #Gross Human Rights Violations

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Global study on transitional justice

Enhancing the effectiveness of transitional justice prosecutions.

Transitional justice has contributed to the realization of the right to justice through the articulation of prosecutorial strategies, something that prosecutors confronting common crimes in ordinary jurisdictions never develop, as they typically stand under the obligation to consider cases as they come. By contrast, in the typical transitional situation the number and types of violations vastly outstrip the State’s capacity to take in all cases that might be presented at any one time and even over time. A strategy is then necessary in order to rationalize the deployment of scarce resources and to maximize the impact of those efforts.

Global Study on Transitional Justice.

#Prosecurial strategies #righttothetruthday #right to justice #Transitional justice measures #effectiveness

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Participation of victims in transitional justice measures

In thinking about the important contributions that victims can make to transitional justice measures, it is crucial not to obscure the fact that participation also imposes burdens on them, in addition to those that they already carry by virtue of their past victimization. Participation in transitional justice measures can involve security risks, social risks, including stigmatization and isolation, economic costs and the risk of retraumatization, among others. While some of these risks can be mitigated, in most circumstances it is difficult to eliminate them totally. Ignoring these risks when designing participatory processes would be tantamount to the instrumentalization of victims.

Participation of victims in transitional justice measures

#transitional justice measures #victims of Gross Human Rights Violations #Truth promotion #access to justice #justice promotion #right to the truth

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National consultations concerning the design and implementation of transitional justice measures

National consultations concerning the design and implementation of transitional justice measures

#access to justice #justice promotion #transitional justice measures #right to the truth

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Guarantees on non-recurrence

Guarantees on non-recurrence. Annex: Set of general recommendations for truth commissions and archives

#Guarantess on non-recurrence #rights #truth promotion #justice promotion #right to the truth

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Security sector reform, including vetting of security institutions

Security sector reform, including vetting of security institutions.

#Truth promotion #right to the truth #rights #security sector reform #justice promotion

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Prosecutorial prioritization strategies in the aftermath of gross human rights violations and serious violations of international humanitarian law

Prosecutorial prioritization strategies in the aftermath of gross human rights violations and serious violations of international humanitarian law.

#humanitarian law #human rights violations #rights #Prosecurial strategies #access to justice

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Reparations for gross human rights violations and serious violations of international humanitarian law

Reparations for gross human rights violations and serious violations of international humanitarian law