X. ADDITIONAL PROTECTION CONSIDERATIONS
DURING THE CONSULTATIONS
A number of protection-related and ethical considerations have been identified already, for
instance, with regard to how to engage with women and children. Some additional guidance
should be kept in mind.
Transitional justice consultations should be undertaken in a manner that demonstrates respect
for the dignity of victims and others affected by human rights violations. They should be conducted with a sense of propriety and in a manner that is culturally sensitive to local conditions.
Cultural sensitivity requires attention to such matters as the engagement between men and
women, adults and children, and the manner in which respect is paid to traditional leaders
and senior members of communities. It also requires attention to be paid to the role that religion and ritual may play in public life. For instance, if it is normal practice that meetings begin
with prayers, there should be a specific reason for any decision to disregard such convention.
Moreover, cultural sensitivity entails that consultation mechanisms are designed in recognition
of and appropriate to the realities of societies with multiple justice systems, where a traditional
indigenous justice mechanism exists next to a constitutional one. Finally, while it is critical to be
sensitive to the local cultural context, national consultations should be conducted in accordance
with international human rights standards.
Consultation experts, when they visit communities, should conduct themselves in culturally
appropriate ways, heeding local conventions regarding such issues as diet, dress and behaviour.
Even when off duty they should avoid improper behaviour, both as a form of courtesy and to
avoid bringing the consultation process into disrepute.
However, not every local custom may be conducive to the undertaking of effective national
consultations. For instance, sometimes it is an established practice that people who attend
workshop-type events receive a modest sum of money or a benefit in kind to cover their expenses. Applying this practice in transitional justice consultations is not of itself something to be
prohibited and, in fact, it may be unavoidable, but it does raise the issue of the extent, if any, to
which such payments may influence the outcome of the proceedings.
Those responsible for transitional justice consultations should seek to anticipate any risks of
harm to others that may arise in connection with the consultations and need to take every
possible measure to avoid exposing individuals or communities to undue risk. One such risk
may be the publicization of the particular views of an individual or community. For example,
in northern Uganda, one community-based organization received a formal directive from local
authorities to leave the district after having expressed its views during Government-organized
consultations. Specific attribution of views must be on the basis of a clear agreement with
regard to privacy and confidentiality. Groups of victims may sometimes be reckless in granting
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