– Setting national benchmarks for measuring the realization of economic, social and
cultural rights;
– Conducting research and inquiries to ascertain the extent to which particular
economic, social and cultural rights are realized, nationwide or in relation to specific
communities.
7. National human rights institutions in conflict and post-conflict situations
National human rights institutions have more directly helped to address the human
rights aspects of conflict and post-conflict societies. Some play an active role in promoting peace, encouraging efforts to establish peace processes and supporting peace accords. They may also suggest and support transitional and restorative justice processes
following conflict.37
The International Coordinating Committee’s Sub-Committee on Accreditation has
noted that, during a coup d’état or a state of emergency, NHRIs will exercise their
mandate with a heightened level of vigilance and independence.38
Accountability can be ensured and impunity combated by documenting and investigating
violations, and monitoring and recording abuses both during conflict and during transitional periods. These efforts can support future prosecution initiatives, truth-seeking and
truth-telling bodies, reparations measures and vetting processes. National human rights
institutions can assist victims by ensuring that they have equal and effective access to justice; adequate, effective and prompt reparation for harm suffered; and access to relevant
information. They can also support the reintegration in society of demobilized forces,
displaced persons and returning refugees, and support special initiatives for child soldiers
and child abductees; and gender-sensitive approaches to transitional justice.39 They can
also assist victims and witnesses with measures such as relocation and resettlement.
Mechanisms will vary: truth-seeking/truth-telling mechanisms; reparation processes;
institutional reform (including vetting); reconciliation commissions and commissions
of inquiry are all possibilities.
Whether an NHRI has responsibility for any of these roles will depend at least in part
on its enabling statute or on other legislation that may confer additional powers. Some
NHRIs have the power to deal only with matters that arise from the time that they were
created; others have a broader mandate to address past abuses. A number of NHRIs
have themselves been established as part of institutional reform in the transitional justice process.
In 2009, the Rabat Declaration, adopted at the Seventh Conference of African Human
Rights Institutions, highlighted the role of NHRIs in transitional justice in general as well
as in facilitating and supporting transitional justice mechanisms and processes, in order
to ensure accountability, serve justice and achieve reconciliation and peace. African
NHRIs were encouraged to give due attention to the practical recommendations of
the Rabat Declaration with respect to monitoring and establishing transitional justice
mechanisms.
See, generally, “Round Table Proceedings Report” of the International Round Table on the role of
national institutions in conflict and post-conflict situations (2006), available from http://www.nhri.net/
pdf/Final_report_RT_Belfast.pdf (accessed on 12 October 2010).
38
Sub-Committee on Accreditation, general observations, para. 5.1.
39
Transitional justice is a “range of processes and mechanisms associated with society’s attempts to come
to terms with a legacy of large-scale past abuses, in order to ensure accountability, serve justice and
achieve reconciliation. These may include both judicial and non-judicial mechanisms, with differing levels
of international involvement (or none at all) and individual prosecutions, reparations, truth-seeking,
institutional reform, vetting and dismissals, or a combination thereof” (S/2004/616, para. 8).
37
27
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents