A/HRC/14/43
importance of the “justice” dimension in a post-conflict situation. History shows that there
cannot be a lasting peace if justice is neglected. The suffering of victims should be
recognized and adequately addressed to allow for genuine reconciliation. In recent years,
the perceived tension between justice and reconciliation has gradually dissolved. Indeed,
when adequately pursued, justice and reconciliation reinforce each other. In this regard, the
sequencing and timing of different initiatives undertaken in the framework of transitional
justice can help establish the right balance between all elements of transitional justice, as
long as no amnesty is granted for the most serious crimes.
41.
Moreover, providing an appropriate response to the wrongs of the past will help
build a society in which human rights and the rule of law are respected. In this regard, an
important element of transitional justice processes is the reform of the public institutions
that helped perpetuate conflict. It is essential that they are transformed into accountable and
efficient institutions promoting and protecting human rights, thereby preventing the
recurrence of human rights violations.
C.
Maintaining vigilance vis-à-vis renewed incitement to hatred and
violence
42.
Taking into account the adverse consequences of hate speech and given the volatility
of a post-conflict situation, the Special Rapporteur stresses that it is necessary to remain
vigilant vis-à-vis incitement to violence or hatred. In this regard, in paragraph 12 of its
resolution 1727 (2006) on the situation in Côte d’Ivoire, the Security Council underlined
once again21 that “it is fully prepared to impose targeted measures against persons to be
designated by the Committee who are determined to be, among other things … (d)
responsible for serious violations of human rights and international humanitarian law
committed in Côte d’Ivoire; [and] (e) inciting publicly hatred and violence”.
43.
By referring specifically to the issue of public incitement to hatred and violence and
attaching explicit sanctions thereto, the Special Rapporteur believes that this resolution
broadened the scope of action that could be taken by the United Nations and increased the
deterrent effect.
D.
Ensuring participation of and genuine dialogue among all components
of the society
44.
Ensuring genuine dialogue among all components of the society is another crucial
condition for the consolidation of peace in a post-conflict situation. The work done by the
United Nations Mission in the Central African Republic and Chad (MINURCAT) provides
a good example in this regard. According to paragraph 6 (e) in Security Council resolution
1861 (2009), MINURCAT should, among other things, “support the initiatives of national
and local authorities in Chad to resolve local tensions and promote local reconciliation
efforts, in order to enhance the environment for the return of internally displaced persons”.
45.
As illustrated in the report of the Secretary-General on the United Nations Mission
in the Central African Republic and Chad (S/2009/535, paras. 38–40), MINURCAT made
continuous efforts to support local reconciliation and intercommunity dialogue in eastern
Chad. In the Ouaddaï region, composed of many diverse communities, MINURCAT and
local community leaders endeavoured to build confidence through the organization of
public forums of community representatives and establishing reconciliation commissions
21
14
These sanctions had been first elaborated in Security Council resolution 1572 (2004).
GE.10-12566