Yet, some countries have successfully transitioned out of authoritarianism or conflict, at least
in part owing to measures of this sort. So, aside from the morally and politically compelling
reasons for such measures, as well as the legally binding commitments to them, there is now
sufficient international experience to learn some lessons from them.
Recently, however, the understanding and implementation of these justice measures have
changed. There is a keen understanding of the need to link the different justice initiatives, and
to design and implement them with the participation of those they are meant to serve, including the victims themselves. Consequently, it is now clearer than ever that there is no single
approach that will work everywhere. For example, the Secretary-General, in his report on the
rule of law and transitional justice in conflict and post-conflict societies,6 persuasively argues
that “where transitional justice is required, strategies must be holistic, incorporating integrated
attention to individual prosecutions, reparations, truth-seeking, institutional reform, vetting and
dismissals, or an appropriately conceived combination thereof.” Furthermore, he points out that
“the most successful transitional justice experiences owe a large part of their success to the
quantity and the quality of public and victim consultation carried out.” Finally, he insists that
“we must learn… to eschew one-size-fits-all formulas and the importation of foreign models”
and reminds us that “although the lessons of past transitional justice efforts help inform the
design of future ones, the past can only serve as a guideline. Pre-packaged solutions are illadvised. Instead, experiences from other places should simply be used as a starting point for
local debate and decisions.”
This publication takes on board these conclusions, and tries to articulate their rationale and to
illustrate them. It will stress the importance of designing and implementing reparations programmes in close association with other justice initiatives and with the participation of various
stakeholders, and will offer observations based on experience in the hope that it will stimulate
local deliberations about the shape that reparations should take in context.
Stressing the importance of linking reparations programmes to other transitional justice or
redress measures, however, does not preclude that reparations may play a particularly important role in a comprehensive policy to redress human rights abuses for the simple reason that
they are the only measure that immediately and specifically targets victims. While prosecutions
and to some extent vetting are, in the end, a struggle against perpetrators, and truth-seeking
and institutional reform have as their immediate constituency society as a whole, reparations
6
2
health care or basic shelter and housing may also amount to gross violations of human rights. In international humanitarian
law, “serious violations” are to be distinguished from “grave breaches”. The latter refers to atrocious violations that are defined
in international humanitarian law but only relating to international armed conflicts. The term “serious violations” is referred to
but not defined in international humanitarian law. It denotes severe violations that constitute crimes under international law,
whether committed in international or non-international armed conflict. The acts and elements of “serious violations” (along
with “grave breaches”) are reflected in article 8 of the Rome Statute of the International Criminal Court under “War crimes”.
See Redress, Implementing Victims’ Rights: A Handbook on the Basic Principles and Guidelines on the Right to a Remedy and
Reparation (London, 2006).
S/2004/616.