VIII. WHO SHOULD CONDUCT THE CONSULTATIONS?
It is best for the consultations to be conducted by independent experts who do not have any
organizational or political stake in specific transitional justice outcomes.
National human rights institutions may play a very important role in the conduct of national
consultations. The experience of the consultations carried out by the Afghanistan Independent
Human Rights Commission demonstrates how a well-respected independent institution with
good outreach across a country can deliver valuable findings that clearly convey the attitudes
and opinions of affected communities. The fact that consultations are conducted by national
institutions that comply with relevant standards of good practice (the so-called Paris Principles)
also provides the reassurance that the process will be conducted on the basis of human rights
standards and with respect for the rights and the dignity of the consultees.
More discrete and targeted forms of consultation can be conducted by any interested organization. Typically, a wide array of these may be undertaken during the design phase of a country’s transitional justice programme by or on behalf of local and international NGOs, academic
institutions and others. Great care needs to be taken to ensure that such targeted consultations
are carried out properly and professionally (see further below). Wherever possible, international
groups that seek to conduct consultations should (and generally do) work with and through appropriate national and local groups, thereby respecting the local social infrastructures, drawing
on relevant expertise, local knowledge and languages, and facilitating a transfer of skills.
The United Nations is frequently called on to assist in designing and conducting national consultations (while respecting that process leadership and decision-making belong to the national
stakeholders). There are examples of OHCHR, as well as human rights components of peacekeeping missions, providing expert and material support to the consultation work of Governments, parties to agreements, national human rights institutions and civil society. OHCHR can
play a role in providing legal and technical advice, promoting the participation of victims, women and vulnerable groups, supporting capacity-building, and helping to mobilize financial and
material resources. The United Nations, wherever it assists consultative processes, should do
so in support of national initiatives and capacities. For instance, in Burundi, in 2007, it worked
with civil society organizations in developing methodologies to enable them to participate in
the planning for consultations. The United Nations should not seek to influence consultation
findings. Nor does it generally associate itself with particular views expressed in any consultative exercise.
It is crucial to coordinate consultation exercises so that they are conducted in an efficient and
targeted manner, avoid duplication, best address gaps, and do not overly burden consulted
groups and individuals. Coordination can also make transitional justice initiatives more coherent
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