About the mandate of the Special Rapporteur on the promotion of truth, justice, reparation and guarantees of non-recurrence

In September 2011, the Human Rights Council adopted resolution 18/7, renewed in 2017 in resolution 36/7, in which it decided to appoint, for a period of three years, a Special Rapporteur on the promotion of truth, justice, reparation and guarantees of non-recurrence. The Special Rapporteur shall deal with situations of transition from conflict or authoritarian rule in which there have been gross violations of human rights and serious violations of international humanitarian law.

The Council requested the Special Rapporteur:

(a) To contribute, upon request, to the provision of technical assistance or advisory services on the issues pertaining to the mandate;
(b) To gather relevant information on national situations, including on normative frameworks, national practices and experiences, such as truth and reconciliation commissions and other mechanisms, relating to the promotion of truth, justice, reparation and guarantees of non-recurrence in addressing gross violations of human rights and serious violations of international humanitarian law, and to study trends, developments and challenges and to make recommendations thereon;
(c) To identify, exchange and promote good practices and lessons learned, as well as to identify potential additional elements with a view to recommend ways and means to improve and strengthen the promotion of truth, justice, reparation and guarantees of non-recurrence;
(d) To develop a regular dialogue and cooperate with, inter alia, Governments, international and regional organizations, national human rights institutions and non-governmental organizations, as well as relevant United Nations bodies and mechanisms;
(e) To make recommendations concerning, inter alia, judicial and non-judicial measures when designing and implementing strategies, policies and measures for addressing gross violations of human rights and serious violations of international humanitarian law;
(f) To undertake a study, in cooperation with and reflecting the views of, inter alia, States and relevant United Nations bodies and mechanisms, international and regional organizations, national human rights institutions and non-governmental organizations, on the ways and means to implement the issues pertaining to the mandate;
(g) To conduct country visits and to respond promptly to invitations from States;
(h) To participate in and contribute to relevant international conferences and events with the aim of promoting a systematic and coherent approach on issues pertaining to the mandate;
(i) To raise awareness concerning the value of a systematic and coherent approach when dealing with gross violations of human rights and serious violations of international humanitarian law, and to make recommendations in this regard;
(j) To integrate a gender perspective throughout the work of the mandate;
(k) To integrate a victim-centred approach throughout the work of the mandate;
(l) To work in close coordination, while avoiding unnecessary duplication, with the Office of the United Nations High Commissioner for Human Rights, intergovernmental and non-governmental organizations, other special procedures of the Human Rights Council and with other relevant actors; and
(m) To report annually to the Human Rights Council and the General Assembly.

The resolution emphasizes the importance of adopting a comprehensive approach in transitional justice process which incorporates 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), 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.

In its resolution, the Human Rights Council calls upon all Governments to cooperate with and assist the Special Rapporteur in the discharge of his or her mandate, to provide him or her with all the necessary information requested by him or her and to give serious consideration to responding favourably to his or her requests to visit their country in order to enable him or her to fulfil his or her duties effectively.

Resolutions leading to the creation of this mandate

Body

Session

Date

Topic

Symbol number

HRC

 

2017

Renewal of the mandate

A/HRC/RES/36/7

HRC

 

2014

Renewal of the mandate

A/HRC/RES/27/3

HRC

 

2011

Creation of the mandate of the Special Rapporteur

A/HRC/RES/18/7

HRC

 

2010

Forensic genetics and human rights

A/HRC/RES/15/5

HRC

 

2009

Right to the truth

A/HRC/RES/12/12

HRC

 

2009

Human rights and transitional justice

A/HRC/RES/12/11

HRC

 

2009

Forensic genetics and human rights

A/HRC/RES/10/26

CHR

 

2005

Right to the truth

E/CN.4/RES/2005/66

CHR

 

2005

Impunity

E/CN.4/RES/2005/81

CHR

 

2005

Human rights and transitional justice

E/CN.4/RES/2005/70

Related resolutions

Date

Topic

Title

Symbol

2014

Truth

General Assembly Resolution, Right to truth

A/RES/68/165

2013

Reparations

Rehabilitation of torture victims

A/HRC/RES/22/21

2012

Truth

Human Rights Council Resolution, Right to truth

A/HRC/RES/21/7

2012 

Transitional Justice

Human rights and transitional justice

A/HRC/RES/21/15

2010

Truth

Human Rights Council Resolution, Forensic genetics and human rights

A/HRC/RES/15/5

2009

Transitional Justice

Human rights and transitional justice

A/HRC/RES/12/11

2009

Truth

Human Rights Council Resolution, Right to the truth

A/HRC/RES/12/12

2009

Truth

Human Rights Council Resolution, Forensic genetics and human rights

A/HRC/RES/10/26

2008

Truth

Human Rights Council Resolution, Right to the truth

A/HRC/RES/9/11 

2005 

Transitional Justice

Human rights and transitional justice

E/CN.4/RES/2005/70

(2005) 

Transitional Justice

Impunity

E/CN.4/RES/2005/81

2005

Truth

Commission on Human Rights Resolution, Right to the truth

E/CN.4/RES/2005/66