A/HRC/14/43
the social, economic or political life of the nation on account of her/his race,
language, religion, gender, or ethnic origin.
“2.
All Burundians are entitled to live in Burundi in security and peace, and must
live in harmony with one another while respecting one another’s dignity and
tolerating one another’s differences.”
37.
The Comprehensive Peace Agreement concluded between the Government of Nepal
and the Communist Party of Nepal (Maoist) is another example of an agreement in which
the ethnic dimension of a conflict was recognized and addressed. The Parties agreed that
the State would be restructured in an inclusive, democratic and forward-looking manner “in
order to end discriminations based on class, ethnicity, language, gender, culture, religion
and region and to address the problems of women, Dalit, indigenous people, ethnic
minorities (Janajatis), Terai communities (Madheshis), oppressed, neglected and minority
communities and the backward areas” (para. 3.5) and they reaffirmed that “no individual
shall be discriminated on the basis of colour, gender, language, religion, age, race,
nationality or social origin, property, disability, birth and other status and thought or belief”
(para. 7.1.1).20
B.
Recognizing and addressing human rights violations, including racial
discrimination, committed during a conflict
38.
Recognizing and adequately addressing human rights violations, including racial
discrimination, committed during a conflict are essential to ensure a sustainable peace. In
this regard, in its resolution 1894 (2009) on the protection of civilians in armed conflict, the
Security Council:
Affirms its strong opposition to impunity for serious violations of international
humanitarian law and human rights law and emphasizes in this context the
responsibility of States to comply with their relevant obligations to end impunity and
to thoroughly investigate and prosecute persons responsible for war crimes,
genocide, crimes against humanity or other serious violations of international
humanitarian law in order to prevent violations, avoid their recurrence and seek
sustainable peace, justice, truth and reconciliation.
In paragraph 11 of the same resolution, the Security Council “recalls that accountability for
such serious crimes must be ensured by taking measures at the national level, and by
enhancing international cooperation in support of national mechanisms, draws attention to
the full range of justice and reconciliation mechanisms to be considered, including national,
international and ‘mixed’ criminal courts and tribunals, and truth and reconciliation
commissions, as well as national reparation programs for victims and institutional reforms”.
39.
In recent years, mechanisms of transitional justice have been developed to ensure
justice and reconciliation in post-conflict situations, in particular to deal with legacies of
grave human rights violations. Transitional justice entails various complementary initiatives
encompassing truth, justice and reconciliation. They include criminal prosecutions, truth
commissions, reparations programmes, security system reforms and duty of memory.
Problems arising during a conflict are indeed often too complex to be solved in isolation.
40.
All the above-mentioned elements are constitutive of transitional justice and should
be used in combination. Yet the Special Rapporteur would like to emphasize the
20
GE.10-12566
Unofficial translation, available from www.unmin.org.np/downloads/keydocs/2006-11-29peace_accord-MOFA.pdf.
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