A/HRC/24/50 81. The updated set of principles promotes a broad concept of justice based on the right to know (also known as the right to the truth), the right to justice, the right to reparation and guarantees of non-recurrence. These rights are underpinned by international legal obligations that have been explicitly recognized in several international and regional human rights treaties and instruments (including the International Convention for the Protection of All Persons from Enforced Disappearance). 82. The right to the truth provides that all persons have the right to know the truth about past events concerning the commission of heinous crimes and about the circumstances and reasons that led to the perpetration of those crimes. In particular, victims and their families have the right to know the truth about the circumstances in which violations took place and, in the event of death or disappearance, the victims’ fate. The duty to provide guarantees to give effect to the right to know requires States, inter alia, to ensure the independent and effective operation of the judiciary, and may include the creation of truth commissions that complement the role of the judiciary. 83. The right to justice refers to the duties of States with regard to the administration of justice; in particular, States must ensure that those responsible for serious crimes under international law are prosecuted, tried and duly punished. The right to reparation implies a State duty to make reparations and the possibility for the victim to seek redress from the perpetrator. The right to reparation includes measures of restitution, compensation, rehabilitation and satisfaction. 84. Transitional justice consists of both judicial and non-judicial processes and mechanisms, including prosecutions, truth-seeking, reparations programmes, institutional reform, or an appropriate combination thereof.96 These mechanisms are interlinked and one does not replace another. While the present study focuses largely on truth commissions, other relevant measures to guarantee the rights to truth and justice include international criminal tribunals, national criminal proceedings, commissions of inquiry, official archives and historical projects. For example, the Human Rights Commission of Malaysia is currently conducting a National Inquiry into the Land Rights of Indigenous Peoples in Malaysia, focused on root causes of problems associated with customary rights to land. 85. To address the needs and rights of indigenous peoples, transitional justice processes should be adapted to ensure cultural appropriateness and consistency with customary legal practices and concepts concerning justice and conflict resolution. Such processes will be enriching to transitional justice procedures. Regarding cases of mass atrocity against indigenous peoples, such as genocide, war crimes and crimes against humanity, the design and implementation of transitional justice policies should use customary practices as appropriate. B. Truth commissions 86. Truth commissions have on many occasions been established in nations where there are indigenous peoples and, in some instances, have addressed issues facing indigenous peoples even where they have not been the specific focus. The involvement of indigenous peoples in these processes has varied, ranging from not being included at all, to more recent instances of truth commissions established specifically to address rights violations experienced by indigenous peoples, where indigenous peoples have led the processes from their initiation. 96 Guidance note of the Secretary-General on the United Nations Approach to Transitional Justice, March 2010, p. 2. 19